Agenda 2017 05-01AGENDA
i
MAY 1, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
WOODY WHITE, CHAIRMAN - SKIP WATKINS, VICE - CHAIRMAN
JONATHAN BARFIELD, JR., COMMISSIONER - PATRICIA KUSEK, COMMISSIONER - ROB ZAPPLE, COMMISSIONER
CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - KYM CROWELL, CLERK TO THE BOARD
4:00 PM
MEETING CALLED TO ORDER (Chairman Woody White)
INVOCATION (Joseph Peterson, Pastor, Fifth Avenue United Methodist Church)
PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of National Correctional Officers and Employees Week
Proclamation
3. Adoption of Building Safety Month Proclamation
4. Adoption of Older Americans Month Proclamation
5. Adoption of a Resolution Selecting the Construction Management at
Risk Method of Project Delivery for the Health and Human Services
Facility Construction Project
6. Approval to Receive Donation of Evzio (Injectable Naloxone) from
Kaleo Pharmaceuticals
7. Approval of Two Donations for Accession into the Museum's
Permanent Collection
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
MINUTES
5
8.
Consideration of National Preservation Month Proclamation
5
9.
Consideration of Elder Abuse Awareness Month Proclamation
5
10.
Consideration of Foster Care Awareness Month Proclamation
30
11.
Presentation of FY17 -18 Recommended Budget and FY18 -22
Capital Improvement Plan
10
12.
Public Hearing on Issuance of $235 Million Hospital Revenue and
Revenue Refunding Bonds and Adoption of Series Resolution
40
13.
Public Hearing on Special Use Permit Request (S17 -02) — Request
by Design Solutions on Behalf of the Property Owner, Yosef, Inc., for
a Special Use Permit in Order to Develop a Convenience Food Store
on 1.78 Acres of Land Located at the 7900 Block of Market Street
Board of Commissioners - May 1, 2017
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes
ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS
MINUTES
10 14. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
15. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board
will move forward until the agenda is completed.
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity - Accountability - Professionalism - Innovation - Stewardship
Board of Commissioners - May 1, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board
CONTACT(S): Kym Crowell
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Special Meeting held on March 30, 2017
Regular Meeting held on April 17, 2017
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Sheriff PRESENTER(S): Sheriff McMahon, Chief Deputy Sarvis
CONTACT(S): Capt. M. Vincent
SUBJECT:
Adoption of National Correctional Officers and Employees Week Proclamation
BRIEF SUMMARY:
In 1984, President Ronald Reagan issued a proclamation recognizing correctional officers' duties as
misunderstood yet complex, demanding, and at times dangerous. President Reagan emphasized officers are
not merely guards but are professionals who also serve as teachers, mentors, and chaplains to detainees. In
the proclamation, he called for correctional officers' contributions to our nation, state, and local communities
be observed by the people of the United States with appropriate ceremonies and activities.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Recognize and reward contribution
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
National Correctional Officers and Employees Week Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK
PROCLAMATION
WHEREAS, correctional officers and employees are capable, committed, patient, and persistent
professionals. They serve admirably in correctional facilities all across the country as chaplains,
teachers, counselors, supervisors, managers, and directors. They keep our citizens and
communities safe. Correctional officers and employees teach, train, mentor, preach, and cure;
and
WHEREAS, though the job of correctional officers and employees is often very challenging,
and at times, stressful, the thousands who work in the corrections profession every day perform
their duties well and with great pride. They are brave, courageous, and tenacious individuals who
put their lives and health at risk every day to keep the public safe and provide a multitude of
services to the region's offenders. They have a tremendous responsibility and are owed our
community's gratitude; and
WHEREAS, correctional officers are most deserving of our respect, our thanks, and the highest
praise. They are well- trained, always on watch and prepared to meet any challenge. The men and
women working in corrections make a difference in our community; and
WHEREAS, we commend all those who currently serve in the corrections profession, and those
who have served in pursuit of this most honorable profession.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 7 -13, 2017 will be recognized as "National Correctional Officers and
Employees Week" in New Hanover County.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 2 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: PRESENTER(S): Nicholas Gadzekpo, Building Safety Director
CONTACT(S): Nicholas Gadzekpo
SUBJECT:
Adoption of Building Safety Month Proclamation
BRIEF SUMMARY:
Nicholas Gadzekpo has submitted a proclamation to recognize May 2017 as Building Safety Month in New
Hanover County. This year's theme is "Code Officials - Partners in Community Safety and Economic
Growth ".
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Building Safety Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
BUILDING SAFETY MONTH – MAY 2017
PROCLAMATION
WHEREAS, New Hanover County is committed to recognizing our growth and strength depends on the
safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in
everyday life and in times of natural disaster; and
WHEREAS, our confidence in the structural integrity of the buildings that make up our community is
achieved through the devotion of vigilant guardians— building safety and fire prevention officials,
architects, engineers, builders, tradespeople, design professionals, laborers and others in the construction
industry —who work year -round to ensure the safe construction of buildings; and
WHEREAS, these guardians are dedicated members of the International Code Council (ICC), a U.S.
based organization, that brings together federal, state, and local officials that are experts in the built
environment to create and implement the highest - quality codes to protect us in the buildings where we
live, learn, work, worship, play, and; our nation benefits economically and technologically from using the
International Codes that are developed by a national, voluntary consensus codes and standards developing
organization; these modern building codes include safeguards to protect the public from natural disasters
such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquake; and
WHEREAS, Building Safety Month is sponsored by the ICC to remind the public about the critical role
of our communities' largely unknown guardians of public safety —our local code officials —who assure
us of safe, efficient and livable buildings that are essential to keeping America great; and
WHEREAS, "Code Officials— Partners in Community Safety and Economic Growth ", the theme for
Building Safety Month 2017, encourages all Americans to raise awareness of the importance of building
safe and resilient construction; fire prevention; disaster mitigation; and new technologies in the
construction industry. Building Safety Month 2017 encourages appropriate steps everyone can take to
ensure that the places where we live, learn, work, worship and play are safe, and recognizes that countless
lives have been saved due to the implementation of safety codes by state and local agencies; and
WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the
commitment to improve building safety and economic investment at home and in the community, and to
acknowledge the essential service provided to all of us by state and local building departments, fire
prevention bureaus and federal agencies in protecting lives and property.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 2017 will be recognized as "Building Safety Month" in New Hanover County.
ADOPTED this the 1 st day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 3 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Senior Resource Center PRESENTER(S): Amber Smith, Senior Resource Center Director
CONTACT(S): Amber Smith
SUBJECT:
Adoption of Older Americans Month Proclamation
BRIEF SUMMARY:
Older Americans Month 2017: Age Out Loud
Getting older doesn't mean what it used to. For many aging Americans, it is a phase of life where interests,
goals, and dreams can get a new or second start. Today, aging is about eliminating outdated perceptions and
living the way that suits you best.
Since 1963, Older Americans Month (OAM) has been a time to celebrate older Americans, their stories, and
their contributions. Led by the Administration for Community Living (ACL), the annual observance offers a
special opportunity to learn about, support, and recognize our nation's older citizens. This year's theme,
"Age Out Loud," emphasizes the ways older adults are living their lives with boldness, confidence, and
passion while serving as an inspiration to people of all ages.
The New Hanover County (NHC) Senior Resource Center will use OAM 2017 to focus on how older adults
in our community are redefining aging — through work or family interests, by taking charge of their health
and staying independent for as long as possible, and through their community and advocacy efforts. We can
also use this opportunity to learn how we can best support and learn from our community's older members.
Throughout the month of May, the NHC Senior Resource Center will conduct activities and share
information designed to highlight local programs, wellness, resources, education, and safety that encourages
independence and enhances quality of life for all older adults.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
• Support programs to improve educational performance
• Keep the public informed on important information
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Board of Commissioners - May 1, 2017
ITEM: 4
Older Americans Month Proclamation
Special Events & Activities
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
OLDER AMERICANS MONTH 2017
PROCLAMATION
WHEREAS, New Hanover County and the Senior Resource Center includes older Americans
who richly contribute to our community; and
WHEREAS, we acknowledge that what it means "to age" has changed —for the better; and
WHEREAS, New Hanover County and the Senior Resource Center is committed to supporting
older adults as they take charge of their health, explore new opportunities and activities, and
focus on independence; and
WHEREAS, New Hanover County and the Senior Resource Center can provide opportunities to
enrich the lives of individuals of all ages by:
• involving older adults in the redefinition of aging in our community;
• promoting home- and community -based services that support independent living;
• encouraging older adults to speak up for themselves and others; and
• providing opportunities for older adults to share their experiences.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May will be recognized as "Older Americans Month" in New Hanover
County. The Board urges every resident to take time during this month to acknowledge older
adults and the people who serve them as influential and vital parts of our community.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 4 - 1 - 1
Senior Resource Center Special May Events
• May 1st at 10:15am Roland Grise choir program at the SRC.
• May 101h two offsite MIPPA- Medicare 101 events (Northeast Library from 9 -11am and Harbor
United Methodist Church from 1 -3pm).
• May 111h Retired and Senior Volunteer Program (RSVP) awards and recognition at the SRC from
11 am -fpm. Members of the Board of County Commissioners will be in attendance.
• May 22nd Healthy Cooking Demonstration at 10:45am in the SRC Friendship Cafe.
• May 25th Senior Tarhee) Legislative event at the SRC at 11:15am.
• May 25th Foster Grandparent Program (FGP) recognition and awards at the SRC from 9 -11am.
The guest speaker is the Superintendent of New Hanover County Schools.
• May 31St Elder Abuse Awareness Walk at 9:OOam at the SRC.
• May 31St Senior Health and Resource Fair at the SRC from 10am -fpm: Over 30 vendors
educating seniors on health, safety, and resource. Educational demos and seminars will also be
conducting throughout the event.
Board of Commissioners - May 1, 2017
ITEM: 4 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Property Management PRESENTER(S): Kevin Caison, Facilities Project Manager
CONTACT(S): Jerome Fennell, Property Management Director and John Sawyer, Architect
SUBJECT:
Adoption of a Resolution Selecting the Construction Management at Risk Method of Project Delivery
for the Health and Human Services Facility Construction Project
BRIEF SUMMARY:
There are three basic categories of construction project delivery available to the public sector:
1. Design Bid Build (DBB) — this is the traditional method most of us are familiar with where the
architect designs a building and then it is advertised and awarded to the lowest responsible bidder
(contractor) who then builds the building.
2. Design Build (DB) — this is a common delivery method in the private sector but not very common in
the public sector yet. In this method the design and construction are combined under one contract and
typically led by the general contractor. There are variations of this method that include Bridging and Public
Private Partnership.
3. Construction Management at Risk (CM @R) — this delivery method differs from the traditional method
(DBB) because it brings the construction manager /general contractor (CM /GC) on board in the early phases
of design. The CM /GC is selected using the Qualifications Based Selection process much like an architect or
engineer is selected. The CM /GC works with the design team and owner prior to construction providing
schedule, budget, and constructability advice during the project planning and design phases. Once the design
is 80 to 90% complete, the CM /GC and owner will negotiate a Guaranteed Maximum Price (GMP) for the
project. All subcontractor work is competitively bid by the CM /GC and all information is shared with the
owner and design team as they work toward a common goal of delivering the best project possible within the
means available.
While the DBB method is the most commonly used project delivery method by the public sector, historically,
there are more public entities using DB and CM @R especially when a project may be complex either in
logistics, unknowns, or schedule and budget constraints. The Health and Human Services Facility project is a
complex project due to logistics, schedule and budget. Staff looked at the CM @R delivery method for this
project. We met with representatives of the New Hanover County School system to gain an owners
perspective, our design team for an architect's perspective, and a local Construction Management/General
Contractor for their take on the CM @R option, and researched the topic independently. In the end the
following factors stood out as reasons to consider CM @R:
• Guaranteed Maximum Price (GMP) established at 80 to 90% construction does
• Higher Quality due to more thorough subcontractor selection process
. Increased Sustainability due to increased quality
• Faster — ability to Fast Track elements of the project due to the contractor starting during design
• Overall initial cost appears to be more due to the cost of preconstruction management and higher
quality subs but appears to pay for itself due to less issues with change orders and work completed
Board of Commissioners - May 1, 2017
ITEM: 5
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution to select the Construction Management at Risk delivery method for the New Hanover
County Health and Human Services Facility.
ATTACHMENTS:
Health and Human Services Facility Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval of CM @R.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 5
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
SELECTING THE CONSTRUCTION MANGEMENT AT RISK DELIVERY METHOD
FOR THE NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES FACILITY
WHEREAS, New Hanover County has approved the construction of a new Health and Human
Services Facility to replace the existing Department of Social Services, Health Department, and
Public Health Clinic buildings; and
WHEREAS, New Hanover County has compared the advantages and disadvantages of using the
Construction Management at Risk method for this project in lieu of the delivery methods
identified in G.S. 143- 128(al)(1) through G.S. 143- 128(al)(3); and
WHEREAS, New Hanover County finds that the Construction Management at Risk method
allows for selection of the most qualified contractor for the project; and
WHEREAS, Construction Management at Risk provides an opportunity for involvement of the
contractor during the design process for the purpose of providing the architect with feedback on
constructability, real -time cost implications, scheduling, and other design issues; and
WHEREAS, Construction Management at Risk requires the Construction Manager to use
prequalified subcontractors; and
WHEREAS, Construction Management at Risk allows for transparency of the overall bidding
and construction process, including the costs incurred by the Construction Manager; and
WHEREAS, New Hanover County has concluded the Construction Management at Risk method
is in the overall best interest of this project compared to the use of one of the delivery methods in
G.S. 143- 128(al)(1) through G.S. 143- 128(al)(3): New Hanover County Health and Human
Services Facility.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners selects the project above for the Construction Management at Risk construction
delivery method in accordance with G.S. 143 - 128.1.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 5 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Health PRESENTER(S): Phillip Tarte, Health Director
CONTACT(S): Carla Turner, Personal Health Services Manager
SUBJECT:
Approval to Receive Donation of Evzio (Injectable Naloxone) from Kaleo Pharmaceuticals
BRIEF SUMMARY:
The New Hanover County Health Department has received notification from Kaleo Pharmaceuticals that we
have been approved to receive 200 two -dose injectable Evzio kits. Evzio is naloxone that is in an
autoinjector. It is used to revive citizens who have overdosed on opioids, resulting in respiratory failure. Each
year Kaleo Pharmaceuticals, manufacturer of Evzio, has a donation program that provides up to 200 kits at
no charge. This medication will be housed in the clinic pharmacy and will be dispensed to first responders as
well as the public upon request. This donation will be equivalent to $98,000 retail value. The donation was
approved by the Board of Health on February 1, 2017.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve request to accept 200 two -dose Evzio kits via Kaleo Pharmaceuticals donation program.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
CONSENT
DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Museum Curator
CONTACT(S): Heather Yenco
SUBJECT:
Approval of Two Donations for Accession into the Museum's Permanent Collection
BRIEF SUMMARY:
The Museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region.
Submitted for approval are two donations to be added to the Museum's permanent collection. Donations are
carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection,
potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the
Director and Collections Committee. The objects presented have passed this scrutiny and were approved at
the Museum Advisory Board meeting of March 13, 2017.
Child's clothing, child- rearing magazine, and photographs, 1930s -1940s
Household objects, 1940s -1970s
Each item offered has a special story to preserve and they help to document 300 years of the region's history.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept two donations of regional artifacts into the Cape Fear Museum Permanent Collection.
ATTACHMENTS:
NHC Acquisitions Chart
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
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Board of Commissioners -
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: County Manager PRESENTER(S): George Edwards, Executive Director and/or
Walker Abney, President, Historic Wilmington Foundation
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of National Preservation Month Proclamation
BRIEF SUMMARY:
The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring
National Preservation Month in May 2017. This year's theme is "This Place Matters." George Edwards
and/or Walker Abney will attend the meeting to receive the proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
National Preservation Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL PRESERVATION MONTH
PROCLAMATION
WHEREAS, historic preservation is an effective tool for managing growth and sustainable
development, revitalizing sites such as the Joy Lee Apartment Building and Annex, Tinga
Nursery, and Mount Lebanon Chapel and Cemetery, fostering local pride and maintaining
community character while enhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and
rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions
made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people; and
WHEREAS, "This Place Matters" is the theme for National Preservation Month 2017,
cosponsored by Historic Wilmington Foundation and the National Trust for Historic
Preservation.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May will be recognized as "National Preservation Month" in New Hanover
County. The Board calls upon the people of New Hanover County to join their fellow citizens
across the United States in recognizing and participating in this special observance.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 8 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Marianna Stacy,The Cape Fear Elder Abuse
Prevention Network
CONTACT(S): Chris Coudriet, County Manager
SUBJECT:
Consideration of Elder Abuse Awareness Month Proclamation
BRIEF SUMMARY:
June 15, 2017 is World Elder Abuse Awareness Day. The Cape Fear Elder Abuse Prevention Network
requests the Board of Commissioners to recognize the period of time between Mother's Day, May 14 and
Father's Day, June 18, 2017 as Elder Abuse Awareness Month in New Hanover County. The proclamation
will help bring awareness of this problem in our community. Members of The Cape Fear Elder Abuse
Prevention Month will attend the meeting to receive the proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Letter of Request
Elder Abuse 2017 Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 9
OanF WILMINGTON Ok
Wilmington's Preferred Continuum of 1*style Choices
April 20th, 2017
New Hanover County Board of Commissioners
C/O Susan Wynn, Executive Assistant to the County Manager
23o Government Center, Suite 195
Wilmington, North Carolina 28403
Dear Ms. Wynn and Commissioners:
In mid -2oo6, a group of area professionals and volunteers serving the local senior population,
formed The Cape Fear Elder Abuse Prevention Network. Our ultimate goal is to STOP
abuse of the elderly in our area by raising awareness through community education on the
forms of Elder Abuse, ways to identify it, and what can be done to help prevent it.
As World Elder Abuse Awareness Day on June 15th, 2017 approaches, we continue our work to
raise awareness in our area. As in past years, pocket cards, brochures and posters about elder
abuse are being distributed. Our talented "Preventers" are educating by presenting vignettes
that depict the forms of elder abuse, neglect and exploitation to the public, to professionals in
skilled /assisted living facilities, home health care agencies, and to the local medical and law
enforcement communities. In 2013, we held a community event at The New Hanover County
Senior Center featuring a keynote speech by an Internationally - acclaimed Financial Elder
Abuse expert. In 2014, we presented, "Modern Times Modern Crimes ", an event that educated
elders on protecting themselves against Frauds & Scams. In 2015, we trained Law Enforcement
and Financial Institutions, and the general public on Elder Abuse and Financial Exploitation,
and held Elder Abuse Walk, Stroll & Rolls in New Hanover and surrounding counties. In 2o16,
we presented "Modern Times, Modern Crimes " and Elder Abuse Awareness Walks at
Brightmore of Wilmington on April 22nd and Carolina Bay at Autumn Hall on September 22nd
and walks in other counties. The community was invited to participate. In 2017, Walks will be
held in New Hanover and surrounding Counties as well as at least two educational events.
At the 4 PM May 1St, 2017 Commissioner's Meeting, we are requesting the New Hanover County
Commissioners again adopt a resolution proclaiming the period of time between Mother's Day
on May 14th and Father's Day on June 18th be declared "Elder Abuse Awareness Month" in New
Hanover County ". An updated copy of our resolution is attached with this letter. I, along with
other members of our network will attend the Commissioner's meeting to receive the written
proclamation upon notice that it is to be adopted.
We hope the work of the Cape Fear Elder Abuse Prevention Network makes a significant
contribution towards the prevention of Elder Abuse in our area. Thank you again for your
support over the past years. We look forward to having you partner with us again in this effort.
Sincerely,
Marianna B. Stacy
Marianna B. Stacy
Community Outreach Educator
Brightmore of Wilmington
mstacyolibeiUseniorliving. com
Member of the Cape Fear Elder Abuse Prevention Network
(910) 35o -198o
(910) 512 -9948
Board of Commissioners - May 1, 2017
ITEM: 9 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ELDER ABUSE PREVENTION AWARENESS MONTH
PROCLAMATION
WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults;
and
WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under - recognized and
under - reported social problems in this country; and
WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the
increasing rise in the number of elderly population; and
WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect
by a caregiver, self - neglect, exploitation, and financial exploitation; and
WHEREAS, it is estimated that approximately five million people age 60+ suffer elder abuse every year;
and
WHEREAS, it is estimated that approximately one out of every twenty -four cases of elder abuse is
reported; and
WHEREAS, abuse of the elderly and disabled is preventable.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that May 14 thru June 18, 2017 be recognized as "Elder Abuse Prevention Awareness Month" in New
Hanover County and that all residents and other jurisdictions are encouraged to become more aware of
this problem and join in the prevention of elder abuse.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 9 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: DSS PRESENTER(S): Michelle Winstead, Social Services Director and
Wanda Marino, Social Services Assistant Director
CONTACT(S): Wanda Marino
SUBJECT:
Consideration of Foster Care Awareness Month Proclamation
BRIEF SUMMARY:
May is Foster Care Awareness Month in North Carolina. The New Hanover County Department of Social
Services is submitting a proclamation to recognize May as Foster Care Awareness Month in New Hanover
County.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
ATTACHMENTS:
Foster Care Awareness Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FOSTER CARE AWARENESS MONTH PROCLAMATION
MAY 2017
WHEREAS, in New Hanover County there are approximately 420 children of all ages in
custody of the Department of Social Services and of those children, over half reside in foster
homes, group homes, hospitals and with relatives; and
WHEREAS, it is the goal of this community to provide these children with safe, stable and
nurturing family environments; and
WHEREAS, we turn more and more to the family foster homes of New Hanover County to
nurture the bodies and spirits of the children in our charge while our social workers support
parents in building on their strengths to provide safe, permanent homes for their children to
return; and
WHEREAS, foster parents frequently adopt their foster children, which results in a continual
need for more foster families; and
WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we
publicly recognize the tremendous contribution made by foster parents, numerous individuals
and public and private organizations to the child welfare system and to the lives of the young
somehow entangled in that system.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2017 will be recognized as "Foster Care Awareness Month" in New
Hanover County.
BE IT FURTHER PROCLAIMED THAT the New Hanover County Board of
Commissioners, in recognition of Foster Care Awareness Month, thanks all foster mothers and
foster fathers for their commitment of time and talents to these precious children and encourages
all citizens to celebrate the contributions of foster parents and child welfare professionals. The
New Hanover County Board of Commissioners further encourages the community, businesses,
faith -based organizations and families to participate in efforts to recruit and support foster
families in New Hanover County.
ADOPTED this the 1St day of May, 2017.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Kymberleigh G. Crowell, Clerk to the Board
Board of Commissioners - May 1, 2017
ITEM: 10-1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: Strategy & Budget PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S): Beth Schrader, Chief Strategy and Budget Officer
SUBJECT:
Presentation of FY17 -18 Recommended Budget and FYI 8-22 Capital improvement Plan
BRIEF SUMMARY:
The County Manager will present the FY 17-18 New Hanover County Recommended Budget and FY 18-22
Capital Improvement Plan to the Board of County Commissioners. The required public hearing and
presentations by a number of organizations is scheduled for June 5, 2017. The adoption of the budget is
scheduled for June 19, 2017.
Staff is also seeking direction about the Board's preferences for budget work sessions leading to adoption.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and provide staff direction for budget work sessions that lead to adoption of balanced
budget for FYI 7-18.
COMMISSIONERS' ACTIONS:
Heard presentation. Scheduled a budget work session July 11, 2017 at 4 pm during the Agenda Review
Meeting.
Board of Commissioners - May 1, 2017
ITEM: 11
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer
CONTACT(S): Lisa Wurtzbacher and Ed 011ie, NHRMC Executive VP & CFO
SUBJECT:
Public Hearing on Issuance of $235 Million Hospital Revenue and Revenue Refunding Bonds and
Adoption of Series Resolution
BRIEF SUMMARY:
On April 3, 2017, the Board of County Commissioners (the Board) adopted a preliminary resolution to issue
Hospital Revenue and Revenue Refunding Bonds in an amount not to exceed $220 million and set the public
hearing for May 1, 2017. Since that time, the potential to achieve savings by refunding both the Series 2006A
and Series 2006B bonds has increased and New Hanover Regional Medical Center has requested to increase
the not to exceed amount of the new bonds to $235 million. The anticipated savings is $5.4 million of present
value savings or approximately 6% of the refunded bonds.
To authorize the sale of the bonds, the Board must hold the public hearing and adopt the Series Resolution.
The Series Resolution sets forth the structure of the bonds, accounts related to those bonds and various
provisions related to the bonds.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request the Board hold the public hearing and approve the Resolution Of The Board Of Commissioners Of
The County Of New Hanover, North Carolina Authorizing The Issuance Of Hospital Revenue Bonds,
Adopting A Series Resolution And Certain Related Matters.
ATTACHMENTS:
Resolution Adopting Series Resolution
Series Resolution
Ninth Amendment to Lease Agreement
Escrow Deposit Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing. Recommend approval.
Board of Commissioners - May 1, 2017
ITEM: 12
COMMISSIONERS' ACTIONS:
Conducted public hearing. Adopted the resolution 5 -0.
Board of Commissioners - May 1, 2017
ITEM: 12
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AUTHORIZING THE ISSUANCE OF
HOSPITAL REVENUE BONDS, ADOPTING A SERIES RESOLUTION AND
CERTAIN RELATED MATTERS
WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North
Carolina (the "County ") has determined that it is advisable to (a) finance or the reimburse New Hanover
Regional Medical Center (the "Corporation ") for the cost of various capital improvements and equipment
for the Corporation's health care facilities, including, without limitation, (i) the construction and
equipping of a new orthopedic and spine hospital with addition of three 36 -bed patient floors with
134,000 square feet on top of the existing surgical pavilion on the Corporation's main campus, (ii) the
expansion and renovation of the existing 21,260 square feet intensive care unit to include refurbishing 40
existing intensive care unit patient rooms and installing new nursing stations and renovating staff support
spaces, (iii) the renovation of the existing ground and first floors of the Zimmer Cancer Center to create a
new lobby and central registration; and provide outpatient cancer care functions including a medical
oncology clinic, a lab, a pharmacy, 50 infusion bays and a waiting concourse, (iv) the construction and
renovation to the main campus emergency department which will increase the number of treatment bays
from 54 to 107, and (v) the construction of a precast concrete five level parking deck and sky bridge with
720 parking spaces, stairs and elevators and new steel structure single span covered pedestrian bridge and
other related items (collectively, the "Project "), (b) refund in advance of their maturities all or a portion
of the Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series
2006A and Series 2006B (collectively, the "2006 Bonds ") and (c) finance certain costs of issuance
relating to the Bonds (defined below);
WHEREAS, the Board has a conducted a public hearing on the Project, the refunding of the 2006
Bonds, and the issuance of the Bonds;
WHEREAS, since the Board's April 3, 2017 preliminary resolution, the potential for the refunding
of the 2006 Bonds has increased and thus the Board desires to increase the not to exceed principal amount
of the Bonds from $220,000,000 to $235,000,000 to accommodate the refunding of the 2006 Bonds;
WHEREAS, the Board desires to adopt the Series Resolution set forth below and to authorize the
County Manager, the Finance Director and the County Attorney of the County to take certain actions in
connection with the County's issuance of its hospital revenue bonds (the "Bonds ") to fund the Project and
issuance costs, to refund all or a portion of the outstanding 2006 Bonds and to take all other action
necessary in connection therewith.
Now, THEREFORE BEITRESOLvEDby the Board, as follows:
Section L The Board hereby authorizes the issuance and sale of not exceeding
$235,000,000 aggregate principal amount of the County of New Hanover, North Carolina Hospital
Revenue Bonds (New Hanover Regional Medical Center) Series 2017. In connection therewith, the
Series Resolution presented to the Board and named as follows is hereby adopted by the Board:
"SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF
NOT EXCEEDING $235,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA HOSPITAL REVENUE BONDS (NEW HANOVER
REGIONAL MEDICAL CENTER) SERIES 2017 FOR THE PURPOSE OF PROVIDING
FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, TO FUND HOSPITAL
IMPROVEMENTS AND TO REFUND IN ADVANCE OF THEIR MATURITIES ALL OR A
PORTION OF THE COUNTY'S OUTSTANDING VARIABLE RATE HOSPITAL REVENUE
BONDS (NEW HANOVER REGIONAL MEDICAL CENTER) SERIES 2006A AND SERIES
PPAB 2087235x6
Board of Commissioners - May 1, 2017
ITEM: 12-1 -1
2006B, AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY OFFICIAL
STATEMENT, AND AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE
OFFICIAL STATEMENT, A NINTH AMENDMENT TO THE LEASE AGREEMENT, THE
ESCROW DEPOSIT AGREEMENT AND THE BOND PURCHASE AGREEMENT AND THE
EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT, THE NINTH AMENDMENT
TO THE LEASE AGREEMENT, THE ESCROW DEPOSIT AGREEMENT AND THE BOND
PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE PRELIMINARY
OFFICIAL STATEMENT AND THE OFFICIAL STATEMENT IN CONNECTION WITH THE
PUBLIC OFFERING OF SUCH BONDS AND SUCH OTHER MATTERS RELATED
THERETO"
Section 2. That the County Manager, the Finance Director, the Clerk and the County
Attorney of the County (together with any officers of the Corporation) are hereby authorized and directed
to take all such action as set forth in the Series Resolution to complete the issuance and sale of the Bonds,
including, without limitation, executing and delivering for and on behalf of the County any and all
additional certificates, documents, opinions or other papers and perform all other acts as may be required
or advisable by the Series Resolution or as they may deem necessary or appropriate to implement and
carry out the intent and purposes of this Resolution.
Section 3. That this Resolution shall become effective on the date of its adoption.
STATE OF NORTH CAROLINA
SS:
COUNTY OF NEW HANOVER
I, Kymberleigh G. Crowell, 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 the proceedings
of a public hearing and the resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF NEW HANOVER, NORTH CAROLINA AUTHORIZING THE ISSUANCE OF HOSPITAL
REVENUE BONDS, ADOPTING A SERIES RESOLUTION AND CERTAIN RELATED MATTERS" adopted by
the Board of Commissioners of the County of New Hanover, North Carolina in regular session convened
on the 1 st day of May, 2017, as recorded in the minutes of the Board of Commissioners of the County of
New Hanover, North Carolina.
WITNESS my hand and the seal of the County of New Hanover, North Carolina, this the 1 st day
of May, 2017.
(SEAL)
PPAB 2087235v6
Kymberleigh G. Crowell,
Clerk to the Board of Commissioners
County of New Hanover, North Carolina
2
Board of Commissioners - May 1, 2017
ITEM: 12- 1 - 2
PARKER POE DRAFT 4/19/17
COUNTY OF NEW HANOVER, NORTH CAROLINA
SERIES RESOLUTION
Adopted
May 1, 2017
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 1
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ....................................................................................... ............................... 2
Section 1.01 Meaning of Words and Terms ................................................ ............................... 2
Section 1.02 Rules of Construction ............................................................. ............................... 7
ARTICLE II THE SERIES 2017 BONDS ................................................................. ............................... 7
Section 2.01
Authority for and Issuance of Series 2017 Bonds .................. ............................... 7
Section 2.02
Maturity; Interest Rates .......................................................... ...............................
7
Section 2.03
Payment of Principal of and Interest on the Series 2017 Bonds ............................ 8
Section 2.04
Defaulted Interest .................................................................... ............................... 8
Section 2.05
Temporary Series 2017 Bonds ................................................ ...............................
8
Section 2.06
Mutilated, Lost, Stolen or Destroyed Bonds ........................... ............................... 9
Section 2.07
Transfer and Exchange of Series 2017 Bonds; Persons Treated as
Owners................................................................................. ...............................
9
Section 2.08
Book -Entry Only System ...................................................... ...............................
10
Section 2.09
Successor Securities Depository; Transfers Outside Book -Entry
OnlySystem ...................................................................... ...............................
11
Section 2.10
Payments and Notices to Cede & Co .................................... ...............................
1 1
Section 2.11
Conditions Precedent to Initial Delivery of Series 2017 Bonds ..........................
11
Section 2.12
Authorization of Refunding and Optional Redemption of Series
2006 Bonds; Additional Series of Bonds .......................... ...............................
13
ARTICLE III REDEMPTION
OF BONDS .............................................................. .............................14
Section 3.01
Redemption Dates and Prices ............................................... ...............................
14
Section 3.02
Notice of Redemption; Selection of Series 2017 Bonds for
Redemption; and Cancellation ........................................... ...............................
15
ARTICLE IV APPLICATION OF SERIES 2017 BOND PROCEEDS ................. .............................17
Section4.01
Deposit of Funds ................................................................... ...............................
17
ARTICLE V SECURITY; FUNDS AND ACCOUNTS ........................................... .............................17
Section 5.01
Security for the Series 2017 Bonds ....................................... ...............................
17
Section 5.02
Establishment of Funds and Accounts .................................. ...............................
17
Section 5.03
Principal Account ................................................................. ...............................
17
Section 5.04
Interest Account .................................................................... ...............................
18
Section 5.05
Sinking Fund Account .......................................................... ...............................
18
Section5.06
Redemption Fund .................................................................. ...............................
18
Section 5.07
Project Fund .......................................................................... ...............................
18
Section 5.08
Payments from Project Fund ................................................. ...............................
19
Section 5.09
Cost of Project ...................................................................... ...............................
19
Section 5.10
Requisitions from Project Fund ............................................ ...............................
20
Section 5.11
Reliance Upon Requisitions .................................................. ...............................
21
Section 5.12
Completion of the Project and Disposition of Project Fund
Balance.............................................................................. ...............................
21
ARTICLE VI DEPOSITORIES OF MONEY, SECURITY FOR
DEPOSITS, INVESTMENT OF FUNDS ................................................... ............................... 21
Section 6.01 Security for Deposits ............................................................ ............................... 21
Section 6.02 Investment of Money ............................................................ ............................... 22
i
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 2
Section 6.03 Valuation..
Page
................ 23
ARTICLE VII EVENTS OF DEFAULT ................................................................. ............................... 23
Section 7.01 Events of Default .................................................................. ............................... 23
ARTICLE VIII THE TRUSTEE .............................................................................. ............................... 23
Section 8.01 Acceptance of Duties by Trustee .......................................... ............................... 23
ARTICLE IX SUPPLEMENTAL SERIES RESOLUTIONS ............................... ............................... 23
Section 9.01 Procedure for Adoption of Supplemental Series Resolutions .............................. 23
Section 9.02 Exclusion of Series 2017 Bonds ........................................... ............................... 24
ARTICLE X DEFEASANCE ................................................................................... ............................... 24
Section 10.01 Cessation of Interest of Holders and Repeal of Series Resolution ...................... 24
ARTICLE XI MISCELLANEOUS PROVISIONS .................................................. .............................25
26
Section 11.01
Manner of Giving Notice ...................................................... ...............................
25
Section 11.02
Trustee, County, Corporation and Holders Alone Have Rights
27
UnderSeries Resolution ...................................................... .............................25
Section 11.03
Effect of Partial Invalidity .................................................... ...............................
26
Section 11.04
Effect of Covenants .............................................................. ...............................
26
Section 11.05
Dealing in Series 2017 Bonds ............................................... ...............................
26
Section 11.06
Approval of Purchase Agreement, the Escrow Deposit
Agreement and Ninth Amendment to Lease Agreement ... ...............................
26
Section 11.07
Approval of Preliminary Official Statement and Official
Statement
? 1�
Section 11.08
Section 11.09
Section 11.10
Section 11.11
Section 11.12
Section 11.13
Section 11.14
Section 11.15
Section 11.16
................................................ ...............................
Appointment of County Representative and Authorization for
OtherActs ............................................... ...............................
No Recourse Against Commissioners, Directors, Officers or
Employees of County, Corporation or Local Government
Commission............................................ ...............................
Headings.................................................... ...............................
Continuing Disclosure ............................... ...............................
Arbitrage.................................................... ...............................
........................
26
........................
27
........................
27
........................
27
TaxCovenant ..................................................... ...............................
Notice to Local Government Commission and Rating Agencies .....
Provisions Relating to Local Government Commission ...................
Amended and Restated Series Resolution Effective .........................
................ 27
................ 28
................ 28
................ 28
................ 28
EXHIBIT A FORM OF SERIES 2017 BONDS ....................................................... ............................... A -1
EXHIBITB FORM OF REQUISITION .................................................................. ............................... B -1
ii
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 3
SERIES RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF
NOT EXCEEDING $235,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA HOSPITAL REVENUE BONDS (NEW HANOVER
REGIONAL MEDICAL CENTER) SERIES 2017 FOR THE PURPOSE OF PROVIDING
FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, TO FUND HOSPITAL
IMPROVEMENTS AND TO REFUND IN ADVANCE OF THEIR MATURITIES ALL OR A
PORTION OF THE COUNTY'S OUTSTANDING VARIABLE RATE HOSPITAL REVENUE
BONDS (NEW HANOVER REGIONAL MEDICAL CENTER) SERIES 2006A AND SERIES
2006B, AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY OFFICIAL
STATEMENT, AND AUTHORIZING AND APPROVING THE FORM AND TERMS OF THE
OFFICIAL STATEMENT, A NINTH AMENDMENT TO THE LEASE AGREEMENT, THE
ESCROW DEPOSIT AGREEMENT AND THE BOND PURCHASE AGREEMENT AND THE
EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT, THE NINTH AMENDMENT
TO THE LEASE AGREEMENT, THE ESCROW DEPOSIT AGREEMENT AND THE BOND
PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE PRELIMINARY
OFFICIAL STATEMENT AND THE OFFICIAL STATEMENT IN CONNECTION WITH THE
PUBLIC OFFERING OF SUCH BONDS AND SUCH OTHER MATTERS RELATED THERETO
RECITALS
WHEREAS, the County of New Hanover, North Carolina (the "County ") is a political subdivision
of the State of North Carolina, which owns New Hanover Regional Medical Center, a public general
acute -care hospital facility;
WHEREAS, the County is empowered, under the Constitution and laws of the State of North
Carolina, particularly The State and Local Government Revenue Bond Act, Article 5, Chapter 159 of the
General Statutes of North Carolina, as amended (herein called the "Act "), to undertake the obligations and
commitments on its part set forth herein;
WHEREAS, the Board of Commissioners of the County (the "Board") adopted a Bond Order on
October 6, 1993, as amended by a First Supplemental Bond Order adopted by the Board on February 5,
1999 and a Second Supplemental Bond Order adopted by the Board on December 7, 2005 (collectively,
the "Bond Order "), authorizing the issuance of hospital revenue bonds;
WHEREAS, under the Bond Order and pursuant to a Series Resolution adopted by the Board on
September 5, 2006 and amended by a First Amendment to Series Resolution adopted by the Board on
May 18, 2009, the County issued its $120,000,000 Variable Rate Hospital Revenue Bonds (New Hanover
Regional Medical Center) Series 2006A and 2006B (collectively, the "Series 2006 Bonds "), of which
$116,605,000 remain outstanding;
WHEREAS, the County has deemed it advisable to adopt this Series Resolution (this "Series
Resolution ") and to issue its Hospital Revenue Bonds (New Hanover Regional Medical Center) Series
2017 (the "Series 2017 Bonds "), as in this Series Resolution hereinafter provided, for the purpose of
providing funds, together with any other available funds, to (a) finance or the reimburse the Corporation
for the cost of various capital improvements and equipment for the Corporation's health care facilities,
including, without limitation, (i) the construction and equipping of a new orthopedic and spine hospital
with addition of three 36 -bed patient floors with 134,000 square feet on top of the existing surgical
pavilion on the Corporation's main campus, (ii) the expansion and renovation of the existing 21,260
square feet intensive care unit to include refurbishing 40 existing intensive care unit patient rooms and
installing new nursing stations and renovating staff support spaces, (iii) the renovation of the existing
ground and first floors of the Zimmer Cancer Center to create a new lobby and central registration; and
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 4
provide outpatient cancer care functions including a medical oncology clinic, a lab, a pharmacy, 50
infusion bays and a waiting concourse, (iv) the construction and renovation to the main campus
emergency department which will increase the number of treatment bays from 54 to 107, and (v) the
construction of a precast concrete five level parking deck and sky bridge with 720 parking spaces, stairs
and elevators and new steel structure single span covered pedestrian bridge and other related items
(collectively, the "Project "), (b) refund in advance of their maturities all or a portion of the outstanding
Series 2006 Bonds, and (c) finance certain costs of issuance relating to the Series 2017 Bonds;
WHEREAS, the County has determined that the issuance of the Series 2017 Bonds is in the best
interest of the County; and
WHEREAS, the County has determined that the Series 2017 Bonds, the Certificate of the Local
Government Commission and the Certificate of Authentication to be endorsed by the Trustee on all Series
2017 Bonds as provided herein shall be, respectively, substantially in the forms, with such variations,
omissions and insertions as may be specified by the County or otherwise required or permitted by this
Series Resolution, attached hereto as Exhibit A; now therefore,
BE 1T RESOLVED by the Board of Commissioners of the County of New Hanover, North
Carolina:
ARTICLE I
DEFINITIONS
Section 1.01 Meaning of Words and Terms Unless otherwise required by the context,
words and terms used herein which are defined in the Bond Order shall have the meanings assigned to
them therein, except as hereinafter set forth:
"Affiliate" means a corporation, limited liability company, partnership, joint venture, association,
business trust or similar entity (i) which controls, is controlled by or is under common control with,
directly or indirectly, a Person; or (ii) a majority of the members of the governing body of which are
members of the governing body of a Person. For the purposes of this definition, control means with
respect to: (a) a corporation having stock, the ownership, directly or indirectly, of more than 50% of the
securities (as defined in Section 2(1) of the Securities Act of 1933, as amended) of any class or classes,
the holders of which are ordinarily, in the absence of contingencies, entitled to elect a majority of the
governing body of such corporation; (b) a non -profit corporation not having stock, having the power to
elect or appoint, directly or indirectly, a majority of the members of the governing body of such
corporation; or (c) any other entity, the power to direct the management of such entity through the
ownership of at least a majority of its voting securities or the right to designate or elect at least a majority
of the members of its governing body, by contract or otherwise. For the purposes of this definition,
"governing body" means with respect to: (a) a corporation having stock, such corporation's board of
directors and the owners, directly or indirectly, of more than 50% of the securities (as defined in
Section 2(1) of the Securities Act of 1933, as amended) of any class or classes, the holders of which are
ordinarily, in the absence of contingencies, entitled to elect a majority of the corporation's directors (both
of which groups shall be considered a governing body); (b) a non - profit corporation not having stock,
such corporation's members if the members have complete discretion to elect the corporation's directors,
or the corporation's directors if the corporation's members do not have such discretion or if such
corporation has no members; and (c) any other entity, its governing board or body. For the purposes of
this definition, all references to directors and members shall be deemed to include all entities performing
the function of directors or members however denominated.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 5
County.
"Authorized Denomination" means denominations of $5,000 and any whole multiple thereof.
"Board" has the meaning set forth in the Preamble hereof.
"Bond Counsel" means any nationally recognized municipal bond counsel acceptable to the
"Bond Fund" means the Fund by that name created under Section 5.02(a) hereof.
"Bond Order' means the bond order adopted by the Board on October 6, 1993, as supplemented
by a first supplemental bond order adopted by the Board on February 5, 1999 and a second supplemental
bond order adopted by the Board on December 7, 2005.
"Bond Register" means the registration books of the County kept by the Trustee to evidence the
registration and transfer of Series 2017 Bonds.
"Bondholder," "holder," "Holder," "Owner" or "owner of the Series 2017 Bonds" means the
registered owner of any Series 2017 Bond and does not mean any beneficial owner of a Series 2017 Bond
whether through a book -entry system or otherwise.
"Business Day" means a day which is not (a) a Saturday, Sunday or legal holiday on which
banking organizations in the State of New York or the city in which the Principal Office of the Trustee is
located are authorized by law to close and on which such entity is in fact closed or (b) a day on which the
New York Stock Exchange is closed.
"Closing Date" means June _, 2017 (or such other date that is specified in the Issuance, Sale or
Closing Certificate), the date of issuance and delivery of the Series 2017 Bonds.
"Corporation Construction Representative" means each of the persons authorized at the time to
act on behalf of the Corporation to requisition money from the Project Fund in a written certificate
furnished to the County and the Trustee, which certificate shall contain the specimen signature(s) of such
person(s) and shall be signed on behalf of the Corporation by the President or Chief Financial Officer of
the Corporation.
"County" has the meaning set forth in the Preamble hereof.
"County Attorney" means the County Attorney of the County, the person performing the duties of
the County Attorney or the official succeeding to the County Attorney's principal functions.
"County Manager" means the County Manager of the County, the person performing the duties
of the County Manager or the official succeeding to the County Manager's principal functions.
"Date of Original Issuance" means the Closing Date.
"Defaulted Interest" means interest on any Series 2017 Bond which is payable but not duly paid
on the date due.
"Escrow Agent" means the escrow agent serving in such capacity from time to time pursuant to
the Escrow Deposit Agreement.
"Escrow Deposit Agreement" means the Escrow Deposit Agreement, to be dated as of June 1,
2017, between the County and the Escrow Agent, and any supplements or amendments thereto.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 6
"Finance Director" means the Finance Director of the County, the person performing the duties
of the Finance Director or the official succeeding to the Finance Director's principal functions.
"Fitch" means Fitch, Inc., a corporation organized and existing under the laws of the State of
Delaware, its successors and their assigns, or, if such corporation shall be dissolved or liquidated or shall
no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any
other nationally recognized securities rating agency designated by the Corporation by written notice to the
County and the Trustee and acceptable to the Local Government Commission.
"Fund" means any of the funds established pursuant to this Series Resolution.
"Immediate Notice" means notice by telephone, email transmission or telecopier to such address
as the addressee shall have provided in writing, promptly followed by written notice by first class mail,
postage prepaid; provided, however, that if any Person required to give an Immediate Notice shall not
have been provided with the necessary information as to the telephone, email transmission or telecopier
number of an addressee, Immediate Notice shall mean written notice by first class mail, postage prepaid.
"Independent Counsel" means an attorney duly admitted to practice law before the highest court
of any state and, without limitation, may include independent legal counsel for the Corporation, the
County or the Trustee.
"Interest Account" means the account by that name created in the Bond Fund under Section 5.02
hereof.
"Interest Payment Date" means April 1 or October 1, as the case may be, beginning October 1,
2017.
"Interested Parties" means the County, the Corporation, the Trustee, the Paying Agent (if any),
and the Bondholders.
"Investment Grade" means (i) that rating of any Rating Agency with a rating then in effect with
respect to the Series 2017 Bonds that represents the lowest rating that any of such Rating Agencies
recognizes as being investment grade and (ii) each rating above such rating.
"Investment Obligations" means, for purposes of this Series Resolution, any form of investment
now or hereafter allowed by Section 159 -30 of the General Statutes of North Carolina, as amended, or
any successor statute.
"Issuance Account" means the account by that name created in the Project Fund under
Section 5.02 hereof.
"Issuance, Sale and Closing Certificate" means the certificate of the Finance Director filed
pursuant to this Series Resolution with the Trustee on the Closing Date setting forth certain details of the
Series 2017 Bonds and other terms and provisions relating to the sale and issuance of the Series 2017
Bonds as provided for herein together with such other details, terms and provisions as the Finance
Director may determine, including without limitations details regarding the refunding of the Series 2006
Bonds.
"Letter of Representations" means the Blanket Letter of Representations from the County to DTC
dated August 21, 1995.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 7
"Local Government Commission " means the Local Government Commission of North Carolina,
a division of the Department of State Treasurer, established by Section 159 -3 of the General Statutes of
North Carolina, and any successor or successors thereto.
"Maturity Date" means the date or dates on which the Series 2017 Bonds mature, as set forth in
the Issuance, Sale and Closing Certificate.
"Moody's" means Moody's Investors Service, Inc., a corporation organized and existing under
the laws of the State of Delaware, its successors and their assigns, or, if such corporation shall be
dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's"
shall be deemed to refer to any other nationally recognized securities rating agency designated by the
Corporation by written notice to the County and the Trustee and acceptable to the Local Government
Commission.
"Ninth Amendment to Lease Agreement" means the Ninth Amendment to Lease Agreement, dated
as June 1, 2017, between the County and the Corporation.
"Official Statement" means an Official Statement prepared in connection with the issuance and
sale of the Series 2017 Bonds.
"Opinion of Bond Counsel" means a written opinion of Bond Counsel in form and substance
acceptable to the County and the Trustee which opinion may be based on a ruling or rulings of the
Internal Revenue Service.
"Opinion of Counsel" means a written opinion of counsel who is acceptable to the County in form
and substance acceptable to the County and the Trustee.
"Outstanding Series 2017 Bonds" or "Series 2017 Bonds Outstanding" means all Series 2017
Bonds which have been duly authenticated and delivered by the Trustee under this Series Resolution,
except:
(a) Series 2017 Bonds canceled after purchase in the open market or because of
payment at or redemption prior to maturity;
(b) Series 2017 Bonds for the payment or redemption of which cash or Government
Obligations shall have been theretofore deposited with the Trustee (whether upon or prior to the
maturity or redemption date of any such Series 2017 Bonds) in accordance with the Series
Resolution; provided that if such Series 2017 Bonds are to be redeemed prior to the maturity
thereof, notice of such redemption shall have been given or arrangements satisfactory to the
Trustee shall have been made therefor, or waiver of such notice satisfactory in form to the Trustee
shall have been filed with the Trustee; and
(c) Series 2017 Bonds in lieu of which others have been authenticated under the
Series Resolution.
"Paying Agent" means the bank or banks, if any, designated pursuant to this Series Resolution to
receive and disburse the principal of and interest on the Series 2017 Bonds.
"Person" means any natural person, firm, joint venture, association, partnership, business trust,
corporation, public body, agency or political subdivision thereof or any other similar entity.
"Preliminary Official Statement" means a Preliminary Official Statement prepared in connection
with the issuance and sale of the Series 2017 Bonds.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 8
"Principal Account" means the account by that name created in the Bond Fund under
Section 5.02 hereof.
"Principal Office" means, when used with respect to the Trustee, the corporate trust office of the
Trustee identified as such for the performance of the functions in question, and, when used with respect to
any other entity, means the principal office of such entity or such other office of such entity as may be
designated by that entity in writing to the Trustee.
"Project" has the meaning set forth in the Recitals hereof.
"Project Account" means the account by that name created in the Project Fund under Section 5.02
hereof.
"Project Fund" means the Fund created by Section 5.02 hereof.
"Purchase Agreement" means the bond purchase agreement for the Series 2017 Bonds among the
County, the Corporation, the Local Government Commission and the purchasers named therein.
"Rating Agency" means Moody's, Fitch or Standard & Poor's, and their respective successors and
assigns.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar
month immediately preceding such Interest Payment Date.
"Redemption Date" means, when used with respect to any Series 2017 Bond to be redeemed, the
date fixed for such redemption pursuant to Article III hereof.
"Redemption Fund" means the fund created and so designated by Section 5.06 of this Series
Resolution.
"Redemption Price" means, with respect to any Series 2017 Bond (or portion thereof), the price
to be paid upon redemption as set forth in Article III of this Series Resolution.
"Securities Depository" means The Depository Trust Company, New York, New York or other
recognized securities depository selected by the County at the request of the Corporation, which
maintains a book -entry system in respect of the Series 2017 Bonds, and shall include any substitute for or
successor to the securities depository initially acting as Securities Depository.
"Securities Depository Nominee" means, as to any Securities Depository, such Securities
Depository or the nominee of such Securities Depository in whose name there shall be registered on the
registration books maintained by the Trustee the Series 2017 Bond certificates to be delivered to and
immobilized at such Securities Depository during the continuation with such Securities Depository of
participation in its book -entry system.
"Serial Bonds" means the Series 2017 Bonds that are designated as Serial Bonds in the Issuance,
Sale and Closing Certificate.
"Series 2006 Bonds" has the meaning set forth in the Recitals hereof.
"Series 2017 Bonds" has the meaning set forth in the Recitals hereof.
"Series Resolution" means this Series Resolution, including any amendments or supplements
hereto.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 9
"Sinking Fund Account" means the account by that name created in the Bond Fund under
Section 5.02 hereof to which amounts are to be deposited in accordance with Section 5.05 hereof.
"Sinking Fund Requirements " means, with respect to the Series 2017 Bonds, the Sinking Fund
Requirement provided in the Issuance, Sale and Closing Certificate relating to the Term Bonds.
"Special Record Date" means the date fixed by the Trustee pursuant to Section 2.04 of this Series
Resolution for the payment of Defaulted Interest.
"Standard & Poor's" or "S&P" means S &P Global Ratings, a business unit of Standard & Poor's
Financial Services LLC, a corporation organized and existing under the laws of the State of New York, its
successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform
the functions of a securities rating agency, "Standard & Poor's" shall be deemed to refer to any other
nationally recognized securities rating agency designated by the Corporation by written notice to the
County and the Trustee and acceptable to the Local Government Commission.
"Tax Compliance Certificate " means the Arbitrage and Tax Regulatory Agreement dated the
Date of Original Issuance of the Series 2017 Bonds and issued by the County and the Corporation.
"Term Bonds" means the Series 2017 Bonds that are designated as Terms Bonds, if any, in the
Issuance, Sale and Closing Certificate.
Section 1.02 Rules of Construction. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context shall
otherwise indicate, the words "Bond", "owner ", "Holder" and "Person" shall include the plural as well as
the singular number.
ARTICLE II
THE SERIES 2017 BONDS
Section 2.01 Authority for and Issuance of Series 2017 Bonds. (a) No Series 2017 Bonds
may be issued under the provisions of this Series Resolution except in accordance with this Article.
There is hereby authorized under Chapter 159, Article 5 of the General Statutes of North Carolina, the
Bond Order and this Series Resolution one Series of bonds designated the "County of New Hanover,
North Carolina Hospital Revenue Bonds (New Hanover Regional Medical Center), Series 2017." The
principal amount for the Series 2017 Bonds that may be issued hereunder shall not exceed $235,000,000.
(b) Except as otherwise provided in this Series Resolution, the Series 2017 Bonds shall be
substantially in the form attached hereto as Exhibit A, subject to any changes thereto as may be necessary
to incorporate the details set forth in the Issuance, Sale and Closing Certificate. The Series 2017 Bonds
shall bear interest from their respective dates and shall be issuable as registered bonds in Authorized
Denominations. Unless the County shall otherwise direct, the Series 2017 Bonds shall be numbered from
R -1 upward. The Series 2017 Bonds, as initially issued, will be dated as of their Date of Original
Issuance.
Section 2.02 Maturity; Interest Rates (a) The Series 2017 Bonds shall bear interest
(calculated on the basis of a 360 -day year consisting of twelve 30 -day months) at the rates, shall consist
of Serial Bonds and Term Bonds and shall mature (subject to the right of prior redemption as hereinafter
set forth) on the Maturity Dates set forth in the Issuance, Sale and Closing Certificate; provided, however,
that the final maturity of the Series 2017 Bonds shall not be later than on October 1, 2047.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 10
(b) The principal of, premium, if any, and interest on and the Redemption Price of the Series
2017 Bonds shall be payable in any currency of the United States of America which, at the respective
dates of payment thereof, is legal tender for the payment of public and private debts.
Section 2.03 Payment of Principal of and Interest on the Series 2017Bonds. The principal
or Redemption Price of the Series 2017 Bonds shall be payable by check in lawful money of the United
States of America upon presentation at the Principal Office of the Trustee to the registered owners of the
Series 2017 Bonds on such date. Interest on the Series 2017 Bonds shall be paid to the Person whose
name appears on the Bond Register as the Holder thereof as of the close of business on the Record Date
for each Interest Payment Date. Payment of the interest shall be made by check mailed by first class mail
to such Holder at its address as it appears on such registration books, or, upon the written request of any
Holder of at least $1,000,000 in aggregate principal amount of the Series 2017 Bonds, submitted to the
Trustee at least five Business Days prior to the Record Date, by wire transfer in immediately available
funds to an account within the United States of America designated by such Holder. As long as Cede &
Co. is the Holder of the Series 2017 Bonds, said principal or Redemption Price and interest payments
shall be made to Cede & Co. by wire transfer in immediately available funds. CUSIP number
identification shall accompany all payments of principal or Redemption Price and interest whether by
check or by wire transfer.
Section 2.04 Defaulted Interest. Defaulted Interest with respect to any Series 2017 Bond
shall cease to be payable to the holder of such Series 2017 Bond on the relevant Record Date and shall be
payable to the holder in whose name such Series 2017 Bond is registered at the close of business of the
Trustee on the special record date (the "Special Record Date ") for the payment of such Defaulted Interest,
which shall be fixed in the following manner. The County shall notify the Trustee in writing of the
amount of Defaulted Interest proposed to be paid on each Series 2017 Bond and the date of the proposed
payment (which date shall be such as will enable the Trustee to comply with the next sentence hereof),
and at the same time the County shall deposit with the Trustee an amount of money equal to the aggregate
amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory
to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to
be held in trust for the benefit of the holders of the Series 2017 Bonds entitled to such Defaulted Interest
as provided in this Section. Following receipt of such funds the Trustee shall fix a Special Record Date
for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to
the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of
the proposed payment. The Trustee shall promptly notify the County and the Corporation of such Special
Record Date and, in the name and at the expense of the County and the Corporation, shall cause notice of
the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first -
class postage prepaid, to each holder of a Series 2017 Bond at the address of such holder as it appears on
the registration books kept by the Trustee not less than 10 days prior to such Special Record Date. Such
Defaulted Interest shall be paid to the holders of the Series 2017 Bonds on which such Defaulted Interest
is to be paid in whose names such Series 2017 Bonds are registered on such Special Record Date.
Section 2.05 Temporary Series 2017Bonds.
Series 2017 Bonds may be initially issued in temporary form exchangeable for definitive Series
2017 Bonds of the same Series, if any, when ready for delivery. The temporary Series 2017 Bonds shall
be of such denomination or denominations as may be determined by the County and may contain such
reference to any of the provisions of this Series Resolution as may be appropriate. Every temporary
Series 2017 Bond shall be executed by the County and be authenticated by the Trustee upon the same
conditions and in substantially the same manner as the definitive Series 2017 Bonds. If the County issues
temporary Series 2017 Bonds it will execute and furnish definitive Series 2017 Bonds without delay and
thereupon the temporary Series 2017 Bonds may be surrendered for cancellation in exchange therefor at
the Principal Office of the Trustee, and the Trustee shall authenticate and deliver in exchange for such
8
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 11
temporary Series 2017 Bonds an equal aggregate principal amount of definitive Series 2017 Bonds of the
same subseries, if any, and maturity of authorized denominations. Until so exchanged, the temporary
Series 2017 Bonds shall be entitled to the same benefits under this Series Resolution as definitive Series
2017 Bonds authenticated and delivered hereunder.
Section 2.06 Mutilated, Lost, Stolen or Destroyed Bonds In the event a temporary or
definitive Series 2017 Bond is mutilated, lost, stolen or destroyed, the County may execute and the
Trustee may authenticate a new Series 2017 Bond of like form, date, subseries, maturity and
denomination as that mutilated, lost, stolen or destroyed; provided that, in the case of any mutilated Series
2017 Bond, such mutilated Series 2017 Bond shall first be surrendered to the Trustee, and in the case of
any lost, stolen or destroyed Series 2017 Bond, there shall be first furnished to the Trustee evidence of
such loss, theft or destruction satisfactory to the County and the Trustee, together with indemnity
satisfactory to them. In the event any such Series 2017 Bond shall have matured, instead of issuing a
duplicate Series 2017 Bond, the County or the Trustee may pay the same without surrender thereof. The
County and the Trustee may charge the holder or owner of such Series 2017 Bond with their reasonable
fees and expenses in this connection.
Section 2.07 Transfer and Exchange of Series 2017 Bonds; Persons Treated as Owners.
The County shall cause the Bond Register to be kept by the Trustee at its Principal Office.
Upon surrender for transfer of any Series 2017 Bond at the Principal Office of the Trustee, the
County shall execute and the Trustee shall authenticate and deliver in the name of the transferee or
transferees a new fully registered Series 2017 Bond or Series 2017 Bonds of the same subseries and
maturity and of authorized denomination for the aggregate principal amount which the registered owner is
entitled to receive. Any Series 2017 Bond or Series 2017 Bonds may be exchanged at said office of the
Trustee for a like aggregate principal amount of Series 2017 Bond or Series 2017 Bonds of the same
maturity of other authorized denominations. The execution by the County of any Series 2017 Bond shall
constitute full and due authorization of such Series 2017 Bond, and the Trustee shall thereby be
authorized to authenticate, date and deliver such Series 2017 Bond.
On each date on which the Trustee authenticates and delivers a Series 2017 Bond, it shall
complete the information required to be inserted by the form of Series 2017 Bond and shall keep a record
of such information.
All Series 2017 Bonds presented for transfer or exchange shall be accompanied by a written
instrument or instruments of transfer or authorization for exchange, in form and with guaranty of
signature satisfactory to the Trustee, duly executed by the registered owner or by such owner's duly
authorized attorney.
No service charge shall be imposed upon the owner for any exchange or transfer of Series 2017
Bonds. The County, the Corporation and the Trustee may, however, require payment by the person
requesting an exchange or transfer of Series 2017 Bonds of a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto, except in the case of the issuance of a
Series 2017 Bond or Series 2017 Bonds for the unredeemed portion of a Series 2017 Bond surrendered
for redemption.
The County, the Trustee and any Paying Agent shall not be required to register the transfer or
exchange of any Series 2017 Bond (i) after notice calling such Series 2017 Bond or portion thereof for
redemption has been mailed or (ii) during the fifteen day period next preceding the mailing of a notice of
redemption of the Series 2017 Bonds of the same Series, if any, and maturity.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 12
New Series 2017 Bonds delivered upon any transfer or exchange shall be valid obligations of the
County, evidencing the same debt as the Series 2017 Bonds surrendered, shall be secured by the Bond
Order and this Series Resolution and shall be entitled to all of the security and benefits hereof to the same
extent as the Series 2017 Bond surrendered.
The County, the Trustee and any Paying Agent may treat the registered owner of any Series 2017
Bond as the absolute owner thereof for all purposes, whether or not such Series 2017 Bond shall be
overdue, and shall not be bound by any notice to the contrary. All payments of or on account of the
principal of and premium, if any, and interest on any such Series 2017 Bond as herein provided shall be
made only to or upon the written order of the registered owner thereof or his legal representative, but such
registration may be changed as herein provided. All such payments shall be valid and effectual to satisfy
and discharge the liability upon such Series 2017 Bond to the extent of the sum or sums so paid.
Any Series 2017 Bond surrendered for the purpose of payment or retirement or for exchange or
transfer or for replacement pursuant to this Section 2.07 shall be cancelled upon surrender thereof to the
Trustee or any Paying Agent. Any such Series 2017 Bonds cancelled by any Paying Agent other than the
Trustee shall be promptly transmitted by such Paying Agent to the Trustee. Certification of Series 2017
Bonds cancelled by the Trustee and Series 2017 Bonds cancelled by a Paying Agent other than the
Trustee which are transmitted to the Trustee shall be made to the County and to the Corporation.
Cancelled Series 2017 Bonds may be destroyed by the Trustee unless instructions to the contrary are
received from the County and the Corporation.
Section 2.08 Book -Entry Only System. It is intended that the Series 2017 Bonds be
registered so as to participate in a securities depository system with the Securities Depository, as set forth
herein. The Series 2017 Bonds shall be initially issued in the form of a separate single fully registered
Series 2017 Bond for each date on which the Series 2017 Bonds are stated to mature. Upon initial
issuance, the ownership of each such Series 2017 Bond shall be registered on the Bond Register in the
name of Cede & Co., or any successor thereto, as nominee for the Securities Depository. The County's
Letter of Representations is on file with the Securities Depository.
With respect to Series 2017 Bonds registered in the Bond Register in the name of Cede & Co., as
nominee of the Securities Depository, the County and the Trustee shall have no responsibility or
obligation to any broker - dealer, bank or other financial institution for which the Securities Depository
holds Series 2017 Bonds from time to time as securities depository (each such broker - dealer, bank or
other financial institution being referred to herein as a "Depository Participant ") or to any person on
behalf of whom such a Depository Participant holds an interest in the Series 2017 Bonds (each such
person being herein referred to as an "Indirect Participant" and, together with a Depository Participant,
"DTC Participants "). Without limiting the immediately preceding sentence, the County and the Trustee
shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Securities
Depository, Cede & Co., any Depository Participant or any Indirect Participant with respect to the
ownership interest in the Series 2017 Bonds, (b) the delivery to any Depository Participant or any Indirect
Participant or any other person, other than a registered owner of a Series 2017 Bond as shown in the Bond
Register, of any notice with respect to the Series 2017 Bonds, including any notice of redemption, (c) the
payment to any Depository Participant or Indirect Participant or any other person, other than a registered
owner of a Series 2017 Bond as shown in the Bond Register, of any amount with respect to principal of,
premium, if any, or interest on, the Series 2017 Bonds, (d) any consent given by the Securities Depository
as registered owner, or (e) subject to Article III hereof, the selection by the Securities Depository or any
Depository Participant of any beneficial owners to receive payment if Series 2017 Bonds are redeemed in
part. While in the Securities Depository System, no person other than Cede & Co., or any successor
thereto, as Securities Depository Nominee for the Securities Depository, shall receive a Series 2017 Bond
certificate with respect to any Series 2017 Bond. Upon delivery by the Securities Depository to the
Trustee of written notice from the Securities Depository to the effect that the Securities Depository has
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 13
determined to substitute a new Security Depository Nominee in place of Cede & Co., and subject to the
provisions hereof with respect to the payment of interest by the mailing of checks or drafts to the
registered owners of Series 2017 Bonds at the close of business on the Record Date applicable to any
interest payment date, the name "Cede & Co." in this Series Resolution shall refer to such new Securities
Depository Nominee of the Securities Depository.
Section 2.09 Successor Securities Depository; Transfers Outside Book -Entry Only
System. In the event that (a) the Trustee determines that the Securities Depository is incapable of
discharging its responsibilities described herein and in the Letter of Representations, (b) the Letter of
Representations shall be terminated for any reason or (c) the Corporation or the County determines that it
is in the best interests of the beneficial owners of the Series 2017 Bonds that they be able to obtain
certificated Series 2017 Bonds, the County shall (i) appoint a successor securities depository, qualified to
act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify the
Securities Depository and the DTC Participants of the appointment of such successor securities
depository and transfer one or more separate Series 2017 Bond certificates to such successor securities
depository or (ii) notify the Securities Depository of the availability through the Securities Depository of
Series 2017 Bond certificates and transfer one or more separate Series 2017 Bond certificates to DTC
Participants having Series 2017 Bonds credited to their Securities Depository accounts. In such event, the
Series 2017 Bonds shall no longer be restricted to being registered on the Bond Register in the name of
Cede & Co., as nominee of the Securities Depository but may be registered in the name of the successor
security depository, or its nominee, in whatever name or names registered owners of Series 2017 Bonds
transferring or exchanging Series 2017 Bonds shall designate, in accordance with the provisions hereof.
Section 2.10 Payments and Notices to Cede & Co. Notwithstanding any other provision of
this Series Resolution to the contrary, so long as any Series 2017 Bond is registered in the name of Cede
& Co., as nominee of the Securities Depository, all payments with respect to principal of, premium, if
any, and interest on such Series 2017 Bond and all notices with respect to such Series 2017 Bond shall be
made and given, respectively, in the manner provided in the Letter of Representations.
Section 2.11 Conditions Precedent to Initial Delivery of Series 2017Bonds.
The Series 2017 Bonds shall be deposited with the Trustee for authentication, but before the
Series 2017 Bonds shall be delivered by the Trustee, there shall be filed with the Trustee the documents
required by Section 208 of the Bond Order and the following:
(a) a copy, duly certified by the Clerk to the Board of Commissioners of the County
to be a true and correct copy, of the Bond Order, this Series Resolution and the Ninth
Amendment to Lease Agreement;
(b) a copy, duly certified by the Secretary or Assistant Secretary of the Corporation
to be a true and correct copy, of the resolutions adopted by the Board of Trustees of the
Corporation authorizing the execution, delivery and performance of the Ninth Amendment to the
Lease Agreement and the Purchase Agreement and approving this Series Resolution, the issuance
and sale of the Series 2017 Bonds, the Preliminary Official Statement and the Official Statement
related to the Series 2017 Bonds;
(c) an Opinion of Counsel for the County to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
certifications, and other orders that are necessary for the operation of the Health Care System that
reasonably could have been obtained as of the date of delivery of the Series 2017 Bonds and that
if further approvals, consents, authorizations, certifications, and orders are necessary for the
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 14
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2017 Bonds have been
duly adopted at meetings of the Board duly called and held in accordance with law and at which
quorums were present and acting throughout, and that the Bond Order, this Series Resolution and
such other resolutions remain in full force and effect and have not been amended or modified in
any respect, (iii) the form, terms, execution and issuance of the Series 2017 Bonds have been duly
authorized, (iv) the form and terms of the Bond Order and this Series Resolution for the Series
2017 Bonds have been duly authorized, (v) each of the Bond Order, this Series Resolution
constitutes a binding and valid agreement of the County that is enforceable in accordance with its
terms, (vi) no provision of the Bond Order, this Series Resolution, the Escrow Deposit Agreement
or the Purchase Agreement violates any federal or North Carolina statutory or constitutional
provision, including without limitation, any provisions of the Act or results in or constitutes a
default under or conflicts with any agreement, indenture, or other instrument to which the County
is a party or by which it may be bound, or any current order, rule, regulation, decree, or ordinance
of any court, government, governmental authority or body having jurisdiction over the County or
its property, and of which she has knowledge after due inquiry, (vii) the adoption of the Bond
Order and this Series Resolution is not subject to any authorization, consent, approval, or review
of any governmental body, public officer, or regulatory authority required on the date of her
opinion and not theretofore obtained or effected, (viii) there is no litigation, proceeding, or
governmental investigation pending or threatened before any court or governmental agency or
body challenging the validity of the Bond Order, this Series Resolution, the Escrow Deposit
Agreement, the Purchase Agreement or the Ninth Amendment to Lease Agreement or the
transactions contemplated therein, or of the Series 2017 Bonds, or the corporate existence or the
boundaries of the County or the title of any of the officers of the County to their respective
offices, and (ix) all conditions precedent to the delivery of the Series 2017 Bonds have been
fulfilled;
(d) an Opinion of Counsel for the Corporation to the effect that (i) the County or the
Corporation has obtained from such governmental authorities, boards, agencies, or commissions
having jurisdiction over the Health Care System all approvals, consents, authorizations,
certifications, and other orders that are necessary for the operation of the Health Care System that
reasonably could have been obtained as of the date of delivery of the Series 2017 Bonds and that
if further approvals, consents, authorizations, certifications, and orders are necessary for the
operation of the Health Care System such counsel has no reason to believe that the County or the
Corporation will not be able to obtain the same, when required, (ii) the Bond Order, this Series
Resolution and all other resolutions relating to the issuance of the Series 2017 Bonds have been
duly approved at meetings of the Board of Trustees of the Corporation duly called and held in
accordance with law and at which quorums were present and acting throughout, (iii) the
execution, delivery and performance of the Ninth Amendment to Lease Agreement and the
Purchase Agreement have been duly approved at meetings of the Board of Trustees of the
Corporation duly called and held in accordance with law and at which quorums were present and
acting throughout, and (iv) there is no litigation, proceeding, or governmental investigation
pending or threatened before any court or governmental agency or body challenging the validity
of the Bond Order, this Series Resolution, the Ninth Amendment to Lease Agreement, the
Purchase Agreement or the transactions contemplated therein, or of the Series 2017 Bonds, or the
corporate existence of the Corporation or the title of any of the officers of the Corporation to their
respective offices;
(e) an Opinion of Bond Counsel to the effect that the issuance of the Series 2017
Bonds has been duly authorized, that the Series 2017 Bonds constitute valid and binding special
obligations of the County in accordance with their terms and that assuming compliance with the
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 15
requirements of the Code and certain covenants in this Series Resolution and the Tax Compliance
Certificate, under existing law interest on the Series 2017 Bonds is excluded from gross income
for federal income tax purposes and is exempt from North Carolina income taxes;
(f) an Issuance, Sale and Closing Certificate setting forth the following:
(1) the aggregate principal amount of Series 2017 Bonds to be issued, not in
excess of the maximum amount previously established in Section 2.01,
(2) the designation of and the schedule of maturities and amounts of the
Serial Bonds,
(3) the designation of and the Sinking Fund Requirements for an amount of
the Term Bonds, if any,
(4) the rates of interest for each of the Serial Bonds and the Term Bonds, if
any,
(5) the optional redemption dates, if any, and the redemption premium, if
any,
(6) the amount of net proceeds to be paid to the parties as set forth in
Section 4.01;
(7) the amount of proceeds from the sale of the Series 2017 Bonds to be
deposited in the Project Account and Issuance Account, respectively,
(8) the Closing Date; and
(g) evidence of compliance with Section 1201 of the Bond Order.
When the documents mentioned in Section 208 of the Bond Order and paragraphs (a) to (g),
inclusive, of this Section shall have been filed with the Trustee and when the Series 2017 Bonds shall
have been executed and authenticated as required by this Series Resolution and the Bond Order, the
Trustee shall deliver the Series 2017 Bonds at one time to the State Treasurer for delivery to the Securities
Depository, but only upon payment to the Trustee of the purchase price of the Series 2017 Bonds.
Section 2.12 Authorization of Refunding and Optional Redemption of Series 2006 Bonds;
Additional Series ofBonds.
Upon the direction of a Corporation Representative, the County Manager and the Finance
Director are each hereby authorized to determine, at any time on or after the date of sale of the Series
2017 Bonds and on or prior to May 1, 2018 whether it is in the best interests of the County to refund all or
any portion of the outstanding Series 2006 Bonds and, if so, which maturities of the outstanding Series
2006 Bonds are to be so refunded. If a determination is made on the date of sale of the Series 2017 Bonds
to proceed with the refunding, refunding bonds will be issued for such purpose concurrently with the
other Series 2017 Bond authorized hereby as part of the Series 2017 Bond issue and the details of such
refunding bonds shall be set forth in the Issuance, Sale and Closing Certificate for the Series 2017 Bonds.
If a determination to pursue a refunding is made after the date of sale of the Series 2017 Bonds, an
issuance of an additional series of bonds under this Series Resolution is hereby authorized and the details
of such series of bonds shall be determined by the Finance Director and set forth in an Issuance, Sale and
Closing Certificate for such series of additional bonds. The County Manager and the Finance Director
and any other appropriate officers of the County are hereby authorized and directed to take all acts
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 16
necessary, with the advice of counsel, relating to the issuance of such additional series of bonds,
including, without limitation, approving the preparation, execution and delivery, as applicable, of an
amendment to the Lease, a Bond Purchase Agreement, Preliminary Official Statement and Official
Statement relating to such refunding bonds. The issuance of an additional series of refunding bonds is
conditioned on the Corporation taking all action necessary relating to such additional series of refunding
bonds.
If all or any portion of the Series 2006 Bonds are determined to be refunded, the Board hereby
directs that the determined maturities of the Series 2006 Bonds be called for optional redemption as set
forth in the Escrow Deposit Agreement. If there are no Series 2006 Bonds to be refunded, the Escrow
Deposit Agreement shall not be executed or delivered and all provisions herein relating to the Escrow
Deposit Agreement shall be null and void. The Finance Director may determine any related details to the
refunding of the Series 2006 Bonds as she deems necessary in the Issuance, Sale and Closing Certificate
issued in connection with the bonds issued to refund the Series 2006 Bonds.
ARTICLE III
REDEMPTION OF BONDS
Section 3.01 Redemption Dates and Prices.
(a) Extraordinary Redemption The Series 2017 Bonds are subject to redemption by the
County at the direction of the Corporation in whole or in part on any date at a Redemption Price equal to
100% of the principal amount thereof, without premium, plus accrued interest to the Redemption Date, to
the extent available, from Net Proceeds (as defined in the Bond Order) resulting from insurance carried or
maintained with respect to the Health Care System as required by clauses (ii) and (v) of Section 608(a) of
the Bond Order, and Net Proceeds resulting from Eminent Domain (as defined in the Bond Order)
proceedings, pursuant to Section 609 of the Bond Order, to the extent such Net Proceeds exceed 10% of
Net Book Value (as defined in the Bond Order). The Series 2017 Bonds are also subject to mandatory
redemption in whole only on any date to the extent available from money deposited by the Corporation in
the Redemption Fund at a Redemption Price equal to 100% of the principal amount thereof, without
premium, plus accrued interest to the Redemption Date in the event that, by reason of any change in any
federal or State law or of any legislative, administrative or judicial action or administrative failure of
action, (i) the Lease becomes unenforceable or impossible to perform without unreasonable delay or
(ii) unreasonable burdens or excessive liabilities are imposed on the County or the Corporation, including,
without limitation, the imposition of federal, state or other ad valorem property, income or other taxes not
being imposed on the date of the Lease.
(b) Terms of Redemption.
(1) Optional Redemption of Series 2017 Bonds. The Series 2017 Bonds shall be
subject to redemption at the option of the County, at the direction of the Corporation, in the
manner and upon the terms set forth in the Issuance, Sale and Closing Certificate.
(2) Sinking Fund Account Redemption. The Series 2017 Bonds designated as Term
Bonds, if any, in the Issuance, Sale and Closing Certificate shall be redeemed pursuant to
mandatory sinking fund redemption on the first Business Day of October in the year or years and
principal amounts as set forth in the Issuance, Sale and Closing Certificate, at a Redemption Price
equal to 100% of the principal amount of such Series 2017 Bonds to be redeemed, plus accrued
interest to the Redemption Date.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 17
(3) Minimum Redemption Amount. No redemption of less than all of the Series 2017
Bonds of a Series at the time outstanding shall be made pursuant to the provisions of Section 3.01
unless (i) the aggregate principal amount of such Series 2017 Bonds to be redeemed is equal to or
greater than $100,000 and (ii) the Series 2017 Bonds are redeemed in Authorized Denominations.
(c) Purchase in Lieu o1 Redemption.
(1) In lieu of redeeming Series 2017 Bonds pursuant to Section 3.01(a) or
Section 3.01(b)(2), the Trustee shall, at the request of the County, upon the direction of the Corporation,
use such funds otherwise available hereunder for redemption of Series 2017 Bonds to purchase Series
2017 Bonds identified by the County, upon the direction of the Corporation, at a price specified by the
County, upon the direction of the Corporation, not exceeding the Redemption Price then applicable
hereunder. In the case of any extraordinary redemption or any purchase and cancellation of Series 2017
Bonds, the Trustee shall apply as a credit against the required Sinking Fund Account deposits with respect
to such Term Bonds the amount of such Term Bonds in such order as the County, upon the direction of
the Corporation, elects in writing prior to such extraordinary redemption or purchase and cancellation or,
if no election is made, in the inverse order thereof. To exercise such right to purchase the Series 2017
Bonds pursuant to this Section 3.01(b)(c)(1), the County, at the direction of the Corporation, will give
written notice of its intent to purchase such Series 2017 Bonds to the Trustee not later than 12:00 noon,
New York City time, no later than the Business Day immediately preceding the applicable redemption
date, and the County shall promptly confirm its purchase thereof in a written notice delivered to the
Trustee. The Trustee shall cancel all such Series 2017 Bonds purchased pursuant to this
Section 3.01(c)(1).
(2) In lieu of redeeming Series 2017 Bonds pursuant to Section 3.01(b)(1), the Trustee shall,
at the request of the County, upon the direction of the Corporation, use such funds otherwise available
hereunder for redemption of Series 2017 Bonds to purchase Series 2017 Bonds identified by the County,
upon the direction of the Corporation, at a price specified by the County, upon the direction of the
Corporation, not exceeding the Redemption Price then applicable hereunder. Any such Series 2017
Bonds to be purchased pursuant to this Section 3.01(b)(c)(2) may, at the option of the County, at the
direction of the Corporation, remain outstanding or be cancelled. To exercise such right to purchase the
Series 2017 Bonds pursuant to this Section 3.01(b)(c)(2), the County, at the direction of the Corporation,
will give written notice of its intent to purchase such Series 2017 Bonds to the Trustee not later than
12:00 noon, New York City time, no later than the Business Day immediately preceding the applicable
redemption date, which notice will state whether such Series 2017 Bonds are to remain outstanding or be
cancelled, and the County shall promptly confirm its purchase thereof in a written notice delivered to the
Trustee.
Section 3.02 Notice of Redemption; Selection of Series 2017 Bonds for Redemption; and
Cancellation. (a) Not less than thirty (30) days but not more than sixty (60) days before the redemption
date of any Series 2017 Bonds, whether such redemption be in whole or in part, the Trustee shall cause a
notice of any redemption signed by the Trustee to be mailed, postage prepaid, to all Holders owning
Series 2017 Bonds to be redeemed in whole or in part provided that notice to the Securities Depository
shall be sent in accordance with the Securities Depository's policies and procedures. Failure to mail any
such notice to any Holder or any defect in any notice so mailed shall not affect the validity of the
proceedings for the redemption of the Series 2017 Bonds of any other Holders to whom notice was
properly given. Each such notice shall set forth: the CUSIP numbers and, if the Series 2017 Bonds are
certificated bonds, the bond certificate numbers of the Series 2017 Bonds to be redeemed, the interest rate
of the Series 2017 Bonds to be redeemed, the Date of Original Issuance of the Series 2017 Bonds to be
redeemed, the Redemption Date, the Redemption Price to be paid, the maturities of the Series 2017 Bonds
to be redeemed and, in the case of Series 2017 Bonds to be redeemed in part only, the portion of the
principal amount thereof to be redeemed, the address and telephone number of the Trustee, the date of the
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 18
redemption notice, and that on the Redemption Date the Series 2017 Bonds called for redemption will be
payable at the designated corporate trust office of the Trustee, that from that date interest will cease to
accrue and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2017 Bonds. If any Series 2017 Bond is to be redeemed in part
only, the notice of redemption shall state also that on or after the Redemption Date, upon surrender of
such Series 2017 Bond, a new Series 2017 Bond in principal amount equal to the unredeemed portion of
such Series 2017 Bond will be issued.
Any notice of redemption, except a notice of redemption in respect of a mandatory sinking fund
redemption, at the direction of the Corporation, may state that the redemption to be effected is
conditioned upon the receipt by the Trustee on or prior to the Redemption Date of moneys sufficient to
pay the principal of and premium, if any, and interest on the Series 2017 Bonds or portions thereof to be
redeemed, and if such moneys are not so received, such notice shall be of no force or effect and such
Series 2017 Bonds shall not be required to be redeemed. In the event that such notice contains such a
condition and moneys sufficient to pay the principal of and premium, if any, and interest on such Series
2017 Bonds are not received by the Trustee on or prior to the Redemption Date, the redemption shall not
be made, and the Trustee shall within a reasonable time thereafter give notice, in the manner in which the
notice of redemption was given, that such moneys were not so received.
In addition, at least 30 days before the Redemption Date, such notice shall be given by first class
mail, postage prepaid, to the Local Government Commission. Neither failure to give any such notice nor
any defect in any such notice so given to the Local Government Commission shall affect the sufficiency
of the proceedings for the redemption of such Series 2017 Bonds.
Notice of redemption of Series 2017 Bonds shall be given by the Trustee, at the expense of the
Corporation, for and on behalf of the County.
(b) The Series 2017 Bonds shall be redeemed only in Authorized Denominations. If less
than all the Series 2017 Bonds are called for redemption, the Series 2017 Bonds of each maturity to be so
redeemed shall be called for redemption in the manner set forth in a certificate of the Corporation filed
with the Trustee. If less than all of the Series 2017 Bonds of any one maturity are to be called for
redemption, the Trustee shall select the Series 2017 Bonds of each such maturity to be redeemed by lot,
each $5,000 portion of principal being counted as one Series 2017 Bond for this purpose; provided,
however, that so long as the only Owner of the Series 2017 Bonds is a Securities Depository Nominee,
such selection shall be made by the Securities Depository by lot in accordance with its operating rules and
procedures.
(c) If less than all of a Series 2017 Bond is selected for redemption, the Owner thereof shall
present and surrender such Series 2017 Bond to the Trustee for payment of the principal amount thereof
so called for redemption, and the redemption premium, if any, on such principal amount, and the County
shall, if necessary, execute and the Trustee shall authenticate and deliver to or upon the order of such
Owner, without charge, for the unredeemed portion of the principal amount of the Series 2017 Bond so
surrendered, a new Series 2017 Bond of the same maturity and designation, bearing interest at the same
rate of any Authorized Denominations.
(d) Series 2017 Bonds presented and surrendered in accordance with the provisions of this
Section shall be canceled upon the surrender thereof.
(e) On or before the date upon which Series 2017 Bonds are to be redeemed, the County
shall deposit, or cause to be deposited, with the Trustee money or Defeasance Obligations, or a
combination of both, that will be sufficient to pay on the Redemption Date the Redemption Price of, and
interest accruing on, the Series 2017 Bonds or portions thereof to be redeemed on such Redemption Date.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 19
On the Redemption Date, notice having been given in the manner and under the conditions
hereinabove provided, the Series 2017 Bonds or portions thereof called for redemption shall be due and
payable at the Redemption Price provided therefor, plus accrued interest to such date (except in the case
of a conditional redemption authorized by Section 3.02(a) if moneys are not so available), and if moneys
sufficient to pay the Redemption Price of the Series 2017 Bonds or portions thereof to be redeemed plus
accrued interest thereon to the Redemption Date are held by the Trustee in trust for the owners of the
Series 2017 Bonds or portions thereof to be redeemed, interest on the Series 2017 Bonds or portions
thereof called for redemption shall cease to accrue on such Redemption Date; such Series 2017 Bonds or
portions thereof shall cease to be entitled to any benefits or security under the Bond Order or this Series
Resolution or to be deemed Outstanding; and the owners of such Series 2017 Bonds or portions thereof
shall have no rights in respect thereof except to receive payment of the Redemption Price thereof, plus
accrued interest to the Redemption Date.
ARTICLE IV
APPLICATION OF SERIES 2017 BOND PROCEEDS
Section 4.01 Deposit ofFunds. The net proceeds from the sale of the Series 2017 Bonds shall
be applied to the Project Fund and delivered to the Escrow Agent, if applicable. The specific amounts to
be deposited in the Project Account and Issuance Account, respectively, and to be delivered to the Escrow
Agent will be set forth in the Issuance, Sale and Closing Certificate.
ARTICLE V
SECURITY; FUNDS AND ACCOUNTS
Section 5.01 Security for the Series 2017 Bonds. In addition to the security for the Series
2017 Bonds granted by the County pursuant to Section 405 of the Bond Order, the County hereby grants
to the Holders and to the Trustee, on behalf of the Holders, a pledge of the money and securities in the
funds and accounts established under this Series Resolution, and the income from the temporary
investment thereof.
Section 5.02 Establishment of Funds and Accounts. There are hereby established with the
Trustee the following funds and accounts:
(a) The New Hanover County 2017 New Hanover Regional Medical Center Revenue
Bond Fund in which there are established three special accounts to be known as the Principal
Account, Interest Account and, in the case that any Series 2017 Bonds are Term Bonds, the
Sinking Fund Account;
(b) The New Hanover County 2017 New Hanover Regional Medical Center
Redemption Fund.
(c) The New Hanover County 2017 New Hanover Regional Medical Center Revenue
Project Fund in which there are established two special accounts to be known as the Project
Account and the Issuance Account.
Section 5.03 Principal Account. On or prior to three Business Days next preceding each
October 1, the Trustee shall deposit in the Principal Account, beginning on the date set forth in the
Issuance, Sale and Closing Certificate, such amounts as shall be sufficient to make full and timely
payments of the principal of all Serial Bonds due on the next ensuing October 1; provided, however, that
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 20
no deposit pursuant to this paragraph need be made to the extent that there is a sufficient amount already
on deposit in the Principal Account for that purpose. If sufficient funds to make the transfers described in
this Section 5.03 are not available in the Bond Fund on the third Business Day preceding each October 1,
the Trustee will give Immediate Notice thereof to the County, Corporation and the Local Government
Commission, promptly confirmed in writing.
Section 5.04 Interest Account. On or prior to three Business Days next preceding each
Interest Payment Date, the Trustee shall deposit in the Interest Account an amount which will be equal to
the interest to become due on the Series 2017 Bonds on such Interest Payment Date; provided, however,
that no deposit pursuant to this paragraph need be made to the extent that there is a sufficient amount
already on deposit in the Interest Account for that purpose. If sufficient funds to make the transfers
described in this Section 5.04 are not available in the Bond Fund on the third Business Day preceding an
Interest Payment Date, the Trustee will give Immediate Notice thereof to the County and the Corporation,
promptly confirmed in writing.
Section 5.05 Sinking Fund Account. On or prior to three Business Days preceding each
Maturity Date and each mandatory Sinking Fund Account redemption Date, the Trustee shall deposit in
the Sinking Fund Account an amount which is equal to the principal of the Series 2017 Bonds next to
become due by maturity or mandatory Sinking Fund Account redemption. No such deposit need be
made, however, to the extent that there is a sufficient amount already on deposit and available for such
purpose in the Sinking Fund Account to be applied to such next maturity or mandatory Sinking Fund
Account redemption payment. If sufficient funds to make the transfers to the Sinking Fund Account
described in this Section 5.05 are not available on the third Business Day preceding any Maturity Date or
mandatory Sinking Fund Account Redemption Date, the Trustee will give Immediate Notice thereof to
the County and the Corporation.
Moneys on deposit in the Sinking Fund Account, other than income earned thereon which is to be
transferred to other funds created hereunder and except as otherwise provided in the Bond Order, shall be
applied by the Trustee to pay principal on the Series 2017 Bonds as it becomes due and to redeem the
Series 2017 Bonds in accordance with the mandatory Sinking Fund Account redemption schedule
provided for in Section 3.01 hereof. In lieu of such mandatory Sinking Fund Account redemption, the
Trustee shall, at the written request of the County, at the direction of the Corporation, purchase for
cancellation an equal principal amount of Series 2017 Bonds of the Series and maturity to be redeemed in
the open market identified by the County, at the direction of the Corporation at prices specified by the
Corporation not exceeding the principal amount of the Series 2017 Bonds being purchased plus accrued
interest with such interest portion of the purchase price to be paid from the Interest Account and the
principal portion of such purchase price to be paid from the Sinking Fund Account. In addition, the
amount of Series 2017 Bonds to be redeemed on any date pursuant to the mandatory Sinking Fund
Account redemption schedule shall be reduced by the principal amount of Series 2017 Bonds of the Series
and maturity required to be redeemed which are acquired by the County or the Corporation and delivered
to the Trustee for cancellation.
Section 5.06 Redemption Fund. In the event of a deposit with the Trustee by the County of
moneys from any other source for redeeming Series 2017 Bonds or the purchase of Series 2017 Bonds for
cancellation, except as otherwise provided in this Series Resolution, such moneys shall be deposited in
the Redemption Fund. Moneys on deposit in the Redemption Fund shall be used for the redemption or
purchase of Series 2017 Bonds in accordance with the provisions of Article III hereof.
Section 5.07 Project Fund. Net proceeds of the Series 2017 Bonds shall be deposited as soon
as practicable upon receipt thereof by the Trustee to the credit of the Project Account and Issuance
Account, as set forth in the Issuance, Sale and Closing Certificate.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 21
The money in the Project Fund shall be held by the Trustee in trust and, subject to the provisions
of Section 5.10 of this Series Resolution, shall be applied to the payment of the Cost of the Project.
Section 5.08 Payments from Project Fund. Payment of the Cost of the Project shall be made
from the Project Fund. All payments from the Project Fund shall be subject to the provisions and
restrictions set forth in this Section, and the County covenants that it will not cause or permit to be paid
from the Project Fund any sums except in accordance with such provisions and restrictions.
All issuance costs, within the meaning of Section 147(g) of the Code ( "Issuance Costs "), incurred
in connection with the Series 2017 Bonds and the refunding of the Series 2006 Bonds, if applicable, and
to be financed from the proceeds of the sale of the Series 2017 Bonds shall be paid only from the Issuance
Account of the Project Fund. Examples of Issuance Costs include (but are not limited to) the following, if
any:
(i) counsel fees (including bond counsel, underwriters' counsel, issuer's counsel,
trustee's counsel, corporation counsel in the case of borrowings such as those herein
contemplated, as well as any other specialized counsel fees incurred in connection with the
borrowing);
(ii) rating agency fees;
(iii) depositary fees incurred in connection with the borrowing;
(iv) paying agent and certifying and authenticating agent fees related to issuance of
the Series 2017 Bonds;
(v) accountant fees related to issuance of the Series 2017 Bonds;
(vi) Local Government Commission fees;
(vii) printing costs (for the Series 2017 Bonds and of preliminary and final offering
materials);
(viii) costs incurred in connection with the required public approval process (e.g.,
publication costs for public notices generally and costs of the public hearing); and
(ix) costs of engineering and feasibility studies necessary to the issuance of the Series
2017 Bonds (as opposed to such studies related to completion of the Project, but not to the
financing).
Furthermore, other items which constitute Costs of the Project (as described in Section 5.09
hereof) may be paid from the Issuance Account.
Section 5.09 Cost of Project. For the purpose of this Series Resolution, the "Cost of the
Project" shall embrace such costs as are eligible costs within the purview of the Act and, without
intending thereby to limit or restrict any proper definition of such Cost, shall include the following:
(i) the cost of all labor, materials and services, the cost of all lands, property, rights,
rights of way, easements, franchises and other interests as may be deemed necessary or
convenient for such acquisition, construction and equipping, the cost of all machinery and
equipment, financing charges, engineering and legal expenses, costs of plans, specifications,
surveys, other expenses necessary or incident to determining the feasibility or practicality of such
acquisition, construction and equipping, administrative expenses, and such other expenses as may
19
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 22
be necessary or incident to the financing, acquisition and construction of the Project and the
placing of the Project in operation;
(ii) Issuance Costs;
(iii) the cost of borings and other preliminary investigations to determine foundation
or other conditions, expenses necessary or incident to determining the feasibility or practicability
of constructing the Project and fees and expenses of engineers, architects, management
consultants and hospital consultants for making studies, surveys and estimates of expenses and of
engineers and architects for preparing plans and specifications and supervising construction as
well as for the performance of all other duties of engineers and architects set forth herein in
relation to the acquisition and construction of the Project;
(iv) all other items of expense not elsewhere in this Section specified incident to the
acquisition, construction and equipping of the Project and the financing thereof, including the
acquisition of lands, property rights, rights of way, easements, franchises and interests in or
relating to lands, title insurance, costs of surveys and other expenses in connection with such
acquisition, and expenses of administration, all properly chargeable to the acquisition,
construction and equipping of the Project;
(v) capitalized interest; and
(vi) obligations or expenses heretofore or hereafter incurred or paid by the County or
the Corporation for any of the foregoing purposes.
Section 5-10 Requisitions from Project Fund. Payments from the Project Fund shall be
made in accordance with the provisions of this Section. Before any such payment shall be made, the
Corporation shall file with the Trustee:
(a) a requisition, signed by a Corporation Representative and a Corporation
Construction Representative, in the form attached hereto as Exhibit B, stating:
(i) the item number of each payment,
(ii) the name of the person, firm or corporation to whom each such payment
is due (unless the payment is for the Corporation's working capital),
(iii) the respective amounts to be paid,
(iv) the purpose by general classification for which each obligation to be paid
was incurred,
(v) that obligations in the stated amounts have been incurred and are
currently due and payable and that each item thereof is a proper charge against the
Project Fund and has not been paid,
(vi) that no notice of any lien, right to lien or attachment upon, or claim
affecting the right of any such persons, firms or corporations to receive payment of the
respective amounts stated in such requisition, has been filed or attached or, if any of the
foregoing have been filed or attached, that the same will be satisfied or discharged or that
provisions have been made (which shall be specified) to adequately protect the Trustee
and the Holders from incurring any loss as a result of the same,
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 23
(vii) that such requisition contains no item representing payment on account
of any retainage to which the County or the Corporation is entitled at the date of such
requisition; and
(viii) whether such requisition shall be paid from the Project Account or the
Issuance Account; and
(b) as to obligations payable from the Project Account, a certificate signed by a
Corporation Representative and a Corporation Construction Representative, and attached to such
requisition that such obligations do not represent Issuance Costs.
Requisitions may be sent to the Trustee by electronic means and may contain spreadsheets or
similar work papers as may be necessary or convenient. If the County requests copies of any requisitions
and supporting material, the Trustee shall provide the County with such copies.
Within one Business Day after receipt of each requisition and accompanying certificate, the
Trustee shall pay the obligations set forth in such requisition out of money in the designated account of
the Project Fund, and each such obligation shall be paid by check signed by one or more officers or
employees of the Trustee designated for such purpose by the Trustee. If for any reason the Corporation
should decide prior to the payment of any item in a requisition not to pay such item, it shall give written
notice of such decision to the Trustee and thereupon the Trustee shall not make such payment.
Any money in the Issuance Account at August 30, 2017 shall automatically be transferred by the
Trustee to the Project Account without the need of any direction of the Corporation or the County.
Section 5.11 Reliance Upon Requisitions. The Trustee may rely upon all requisitions
received by it as conditions of payment from the Project Fund. Such requisitions shall be retained by the
Trustee for a period of six years after the Series 2017 Bonds have been redeemed or retired and shall be
subject at all reasonable times to examination by the County and the Corporation.
Section 5.12 Completion of the Project and Disposition of Project Fund Balance. When
the acquisition and construction of the Project shall have been completed, which fact shall be evidenced
to the Trustee by a certificate signed by a Corporation Representative and a Corporation Construction
Representative, to the effect that there are no mechanics', workers', repairmen's, architects', engineers',
surveyors', carriers', laborers', contractors' or materialmen's liens on any property constituting a part of
the Project on file in any public office where the same should be filed to be perfected and that the time
within which such liens can be filed has expired, the balance in the Project Fund shall be transferred by
the Trustee to the credit of the Bond Fund (and any account therein) or the Redemption Fund, as the
County, at the Corporation's direction, shall direct.
ARTICLE VI
DEPOSITORIES OF MONEY, SECURITY FOR DEPOSITS, INVESTMENT OF FUNDS
Section 6.01 Security for Deposits. Any and all money deposited or caused to be deposited
by the County with the Trustee (or one or more other Depositaries as provided in the Bond Order), except
for the amounts in the Operating Fund to be used to pay Operating Expenses, shall be trust funds under
the terms hereof and shall not be subject to any lien or attachment by any creditor of the County or the
Corporation. Such money shall be held in trust and applied in accordance with the provisions of this
Series Resolution and the Bond Order.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 24
Until money deposited with the Trustee or any other Depositary hereunder is invested in
Investment Obligations, the amount of money in excess of the amount guaranteed by the Federal Deposit
Insurance Corporation or other federal agency shall be continuously secured, for the benefit of the County
and the Holders, either (a) by lodging with a bank or trust company chosen by the Trustee as custodian or,
if then permitted by law, by setting aside under control of the trust department of the bank holding such
deposit, as collateral security, Government Obligations or other marketable securities eligible as security
for the deposit of trust funds under regulations of the Comptroller of the Currency of the United States or
applicable State law or regulations, having a market value (exclusive of accrued interest) not less than the
amount of such deposit, or (b) if the furnishing of security as provided in clause (a) above is not permitted
by applicable law, then in such other manner as may then be required or permitted by applicable State or
federal laws and regulations regarding the security for, or granting a preference in the case of, the deposit
of trust funds; provided, however, that it shall not be necessary for the Trustee to give security for the
deposit of any money with it for the payment of the principal of or the redemption premium or the interest
on any Series 2017 Bonds, or for the Trustee or any Depositary to give security for any money that shall
be represented by obligations purchased under the provisions of this Article as an investment of such
money.
All money deposited with the Trustee or any Depositary shall be credited to the particular fund or
account to which such money belongs.
Section 6.02 Investment of Money. Money held for the credit of all funds and accounts
created under this Series Resolution or the Bond Order shall be continuously invested and reinvested at
the direction of the County or the Corporation (given in writing or orally, confirmed in writing) by the
Trustee in Investment Obligations to the extent practicable. Any such Investment Obligations shall
mature not later than the respective dates when the money held for the credit of such funds or accounts
will be required for the purposes intended. Notwithstanding the foregoing, no Investment Obligations in
any fund or account may mature beyond the latest maturity date of any Series 2017 Bonds Outstanding at
the time such Investment Obligations are deposited. For the purposes of this Section, the maturity date of
repurchase agreements is the maturity date of such repurchase agreements and not the maturity date of the
underlying obligations. The Trustee may rely on the written direction of the County or the Corporation as
to the aggregate maturity of any directed investment.
The County or the Corporation may at any time give to the Trustee written directions respecting
the investment of any money required to be invested hereunder, subject, however, to the provisions of this
Article, and the Trustee shall then invest such money under this Section as so directed by the County or
the Corporation. The Trustee may request, in writing, direction or authorization of the County or the
Corporation with respect to the proposed investment of money under the provisions of this Series
Resolution. Upon receipt of such request, accompanied by a memorandum setting forth the details of any
proposed investment, the County or the Corporation will either approve such proposed investment or will
give written directions to the Trustee respecting the investment of such money and, in the case of such
directions, the Trustee shall then, subject to the provisions of this Article, invest such money in
accordance with such directions.
Investment Obligations acquired with money and credited to any fund or account established
under this Series Resolution or the Bond Order shall be held by or under the control of the Trustee and
while so held shall be deemed at all times to be part of such fund or account in which such money was
originally held, and the interest accruing thereon and any profit or loss realized upon the disposition or
maturity of such investment shall be credited to or charged against such fund or account. The Trustee
shall reduce to cash a sufficient amount of such Investment Obligations whenever it shall be necessary so
to do in order to provide moneys to make any payment or transfer of moneys from any such fund or
account. The Trustee shall not be liable or responsible for any loss resulting from any such investment.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 25
Whenever a payment or transfer of money between two or more of the funds or accounts
established pursuant to this Series Resolution or the Bond Order is permitted or required, such payment or
transfer may be made in whole or in part by transfer of one or more Investment Obligations at a value
determined in accordance with this Article VI, provided that the Investment Obligations transferred are
those in which moneys of the receiving fund or account could be invested at the date of such transfer.
The Trustee shall not be held accountable for any depreciation in the valued Investment
Obligations or for any losses incurred upon any authorized disposition thereof.
Section 603 Valuation. For the purpose of determining the amount on deposit to the credit of
any such fund or account, Investment Obligations in which money in any fund or account is invested shall
be valued (a) at cost if such Investment Obligations mature within six months from the date of valuation
thereof, and (b) if such Investment Obligations mature more than six months after the date of valuation
thereof, at the price at which such Investment Obligations are redeemable by the holder at his option if so
redeemable, or, if not so redeemable, at the lesser of (i) the cost of such Investment Obligations minus the
amortization of any premium or plus the amortization of any discount thereon and (ii) the market value of
such Investment Obligations.
The Investment Obligations in such funds and accounts shall be valued at any time requested by
the County Representative or the Corporation Representative on reasonable notice to the Trustee (which
period of notice may be waived or reduced by the Trustee); provided, however, that the Trustee shall not
be required to value the Investment Obligations more than once in any calendar month.
ARTICLE VII
EVENTS OF DEFAULT
Section 7.01 Events of Default. The events of default set forth in Section 701 of the Bond
Order shall each constitute an Event of Default under this Series Resolution, and the Trustee shall have all
rights and remedies hereunder as set forth in the Bond Order.
ARTICLE VIII
THE TRUSTEE
Section S.01 Acceptance of Duties by Trustee. The Trustee shall signify its acceptance of
the duties and obligations and the trusts imposed upon it by this Series Resolution and the Bond Order by
execution of the certificate of authentication on the Series 2017 Bonds.
ARTICLE IX
SUPPLEMENTAL SERIES RESOLUTIONS
Section 9.01 Procedure for Adoption of Supplemental Series Resolutions. The County
may, from time to time and at any time, adopt such resolutions amending and supplementing the
provisions of this Series Resolution in the same manner as is provided in Sections 1001 and 1002 of the
Bond Order for the adoption of supplemental bond orders and the provisions of said Sections 1001 and
1002 are hereby incorporated herein and made applicable hereto in the same manner as if herein set forth.
Any amendment to the provisions set forth in Articles II and III, shall require the prior approval of the
Local Government Commission.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 26
Section 9.02 Exclusion of Series 2017Bonds. Series 2017 Bonds owned or held by or for the
account of the County or the Corporation or any Affiliate shall not be deemed Outstanding Bonds for the
purpose of any consent or other action or any calculation of Outstanding Bonds provided for in this
Article, or Articles VII, VIII, X or XI of the Bond Order, and neither of such parties as Holders of such
Series 2017 Bonds shall be entitled to consent or take any other action provided for in this Article, or
Articles VII, VIII, X or XI of the Bond Order. At the time of any consent or other action taken under this
Article, or Articles VII, VIII, X or XI of the Bond Order, the County or the Corporation shall furnish the
Trustee a certificate signed by a County Representative or a Corporation Representative, upon which the
Trustee may rely, describing all Series 2017 Bonds so to be excluded.
ARTICLE X
DEFEASANCE
Section 10.01 Cessation of Interest of Holders and Repeal of Series Resolution. If, when
(a) the Series 2017 Bonds shall have become due and payable in accordance with their terms or shall have
been duly called for redemption, or (b) irrevocable instructions to pay such Series 2017 Bonds at their
respective maturities or to call such Series 2017 Bonds for redemption, shall have been given by the
County to the Trustee, the whole amount of the principal and the interest and premium, if any, so due and
payable upon all Series 2017 Bonds shall be paid or if the Trustee shall hold sufficient money or
noncallable Defeasance Obligations the principal of and the interest on which, when due and payable, will
provide sufficient money to pay the principal of, and the interest and redemption premium, if any, on all
Series 2017 Bonds then Outstanding to the maturity date or dates of such Series 2017 Bonds or to the date
or dates specified for the redemption thereof, (c) sufficient funds shall also have been provided to the
Trustee or provision made for paying all other obligations payable hereunder by the County, in
connection with a refunding as shown by a verification report of an Accountant or other qualified
verification agent as to the adequacy of the escrow, which is delivered to the Trustee, and (d) an Opinion
of Counsel is delivered to the Trustee stating to the effect that the Series 2017 Bonds are deemed paid and
no longer Outstanding, then and in that case the right, title and interest of the Trustee hereunder and the
obligations of the County hereunder shall thereupon cease, and the County shall repeal this Series
Resolution and the Trustee, on demand of the County, shall distribute any surplus in any and all balances
remaining in all funds and accounts, other than money held for the redemption or payment of Series 2017
Bonds. Otherwise, this Series Resolution shall be, continue and remain in full force and effect; provided
that, in the event Defeasance Obligations shall be deposited with and held by the Trustee as hereinabove
provided, (i) in addition to the requirements set forth in Article III of this Series Resolution, the Trustee,
within thirty (30) days after such Defeasance Obligations shall have been deposited with it, shall cause a
notice signed by the Trustee to be mailed, postage prepaid, to all Holders setting forth (a) the date or
dates, if any, designated for the redemption of the Series 2017 Bonds, (b) a description of the Defeasance
Obligations so held by it, and (c) that this Series Resolution has been repealed in accordance with the
provisions of this Section, but failure to mail any such notice to any Holder shall not affect the validity of
the defeasance of the Series 2017 Bonds pursuant to this Section and (ii) (a) the Trustee shall nevertheless
retain such rights, powers and privileges under this Series Resolution and the Bond Order as may be
necessary and convenient in respect of the Series 2017 Bonds for the payment of the principal, interest
and any premium for which such Defeasance Obligations have been deposited and (b) the Trustee shall
retain such rights, powers and privileges under this Series Resolution and the Bond Order as may be
necessary and convenient for the registration, transfer and exchange of Series 2017 Bonds.
All money and Defeasance Obligations held by the Trustee pursuant to this Section shall be held
in trust and applied to the payment, when due, of the obligations payable therewith.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 27
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.01 Manner of Giving Notice. All notices, demands and requests to be given to or
made hereunder by the County and the Trustee shall be given or made in writing and shall be deemed to
be properly given or made if sent by United States registered mail, return receipt requested, postage
prepaid, addressed as follows:
(a) As to the County --
County of New Hanover
230 Governmental Center Drive, Suite 165
Wilmington, North Carolina 28403
Attention: Finance Director
(b) As to the Corporation --
New Hanover Regional Medical Center
2131 S. 17th Street
Wilmington, North Carolina 28401
Attention: Chief Financial Officer
(c) As to the Trustee --
U.S. Bank National Association
Global Corporate Trust Services
5540 Centerview Drive, Suite 200
Raleigh, North Carolina 27606
Attention: Shawna L. Hale
(d) As to the Local Government Commission --
Local Government Commission of North Carolina
3200 Atlantic Avenue
Raleigh, North Carolina 27604
Attention: Secretary
Any such notice, demand or request may also be transmitted to the appropriate above - mentioned
party by telegram, telecopy or telephone and shall be deemed to be properly given or made at the time of
such transmission if, and only if, such transmission of notice shall be confirmed in writing and sent as
specified above.
Any of such addresses may be changed at any time upon written notice of such change sent by
United States registered mail, postage prepaid, to the other parties by the party effecting the change.
Section 11.02 Trustee, County, Corporation and Holders Alone Have Rights Under Series
Resolution. Except as herein otherwise expressly provided, nothing in this Series Resolution, express or
implied, is intended or shall be construed to confer upon any person, firm or corporation, other than the
Trustee, the County, the Corporation and the Holders, any right, remedy or claim, legal or equitable,
under or by reason of this Series Resolution or any provision hereof, this Series Resolution and all its
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 28
provisions being intended to be and being for the sole and exclusive benefit of the Trustee, the County,
the Corporation and the Holders.
Section 11.03 Effect of Partial -Invalidity. In case any one or more of the provisions of this
Series Resolution or the Series 2017 Bonds shall for any reason be held to be illegal or invalid, such
illegality or invalidity shall not affect any other provisions of this Series Resolution or the Series 2017
Bonds, but this Series Resolution and the Series 2017 Bonds shall be construed and enforced as if such
illegal or invalid provisions had not been contained therein. In case any covenant, stipulation, obligation
or agreement contained in the Series 2017 Bonds or this Series Resolution shall for any reason be held to
be in violation of any law, then such covenant, stipulation, obligation or agreement shall be deemed to be
the covenant, stipulation, obligation or agreement of the County to the full extent permitted by law.
Section 11.04 Effect of Covenants. All covenants, stipulations, obligations and agreements of
the County contained in this Series Resolution shall be deemed to be covenants, stipulations, obligations
and agreements of the County to the full extent permitted by the Constitution and laws of the State. This
Series Resolution is adopted with the intent that the laws of the State shall govern its construction.
Section 11.05 Dealing in Series 2017 Bonds. The Trustee and any bank or trust company
acting as Depositary under this Series Resolution and its directors, officers, employees or agents, and any
officer, employee or agent of the Trustee, may in good faith, buy, sell, own, hold and deal in any Series
2017 Bonds issued under the provisions of this Series Resolution and may join in any action which any
Holder may be entitled to take with like effects as if such Trustee were not a trustee and such bank or trust
company were not a Depositary under this Series Resolution.
Section 11.06 Approval of Purchase Agreement, the Escrow Deposit Agreement and Ninth
Amendment to Lease Agreement. The form, terms and provisions of the Purchase Agreement, the
Escrow Deposit Agreement and the Ninth Amendment to Lease Agreement, are hereby approved, and the
Chairman or Vice Chairman of the Board of the County and the County Manager are hereby authorized
and directed to execute and deliver the Purchase Agreement, the Escrow Deposit Agreement and the
Ninth Amendment to Lease Agreement in the forms presented at this meeting together with such changes,
modifications and additions as he, with the advice of counsel, may deem necessary and appropriate; such
execution shall be conclusive evidence of the authorization and approval thereof by the County.
Section 11.07 Approval of Preliminary Official Statement and Official Statement. The
Chairman or Vice Chairman of the Board of the County and the County Manager are hereby authorized
and directed to execute and deliver the Official Statement, to be dated as of the date of distribution
thereof, relating to the Series 2017 Bonds, in the form presented at this meeting together with such
changes, modifications, and additions as he, with the advice of counsel, may deem necessary and
appropriate; such execution and delivery shall be conclusive evidence of the approval and authorization in
all respects by the County of the form and content thereof. The County hereby approves distribution of
the Preliminary Official Statement relating to the Series 2017 Bonds, authorizes and approves the
execution and distribution of the Official Statement and approves and consents to the use and distribution
of copies of such Official Statement, the Bond Order and this Series Resolution by the underwriters in
connection with the public offering of the Series 2017 Bonds.
Section 11.08 Appointment of County Representative and Authorization for Other Acts.
(a) The Chairman and the Vice Chairman of the Board of the County, the County Manager, the Finance
Director and the County Attorney are hereby appointed County Representatives with full power to carry
out the duties set forth in the Bond Order and this Series Resolution.
(b) The members of the Board of the County and the agents and employees of the County
and the officers and agents of the Trustee are hereby authorized and directed to do all acts and things
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 29
required of them by the provisions of the Series 2017 Bonds, the Ninth Amendment to Lease Agreement,
the Bond Order, the Escrow Deposit Agreement and the Purchase Agreement for the full, punctual and
complete performance of the terms, covenants, provisions and agreements of the same and also to do all
acts and things required of them by the provisions of this Series Resolution.
(c) The Chairman, the Vice Chairman and the Clerk to the Board of the County, and the
County Manager, the Finance Director and the County Attorney, or any of them, are further authorized
and directed (without limitation except as may be expressly set forth herein) to take such action and to
execute and deliver any such documents, deeds, certificates, undertakings, agreements or other
instruments as they, with the advice of counsel, may deem necessary or appropriate to effect the
transactions contemplated by the Series 2017 Bonds, the Ninth Amendment to Lease Agreement, the
Bond Order, this Series Resolution, the Escrow Deposit Agreement and the Purchase Agreement.
Section 11.09 No Recourse Against Commissioners, Directors, Officers or Employees of
County, Corporation or Local Government Commission. No recourse, under or upon any statement,
obligation, covenant or agreement contained in this Series Resolution, in any Series 2017 Bond hereby
secured or in any document or certification whatsoever, or under any judgment obtained against the
County, the Corporation or the Local Government Commission, or by the enforcement of any assessment,
or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise, or under any
circumstances, shall be had against any commissioner, director, officer or employee, as such, of the
County, the Corporation or the Local Government Commission, either directly or through the County, the
Corporation, the Local Government Commission, or otherwise, for the payment, for or to the County or
the Corporation, or any receiver of the County or the Corporation, or for or to any Holder, or otherwise,
of any sum that may be due and unpaid upon any such Series 2017 Bond. Any and all personal liability
of every nature, whether at common law or in equity or by statute or by constitution or otherwise, of any
such commissioner, director, officer or employee, as such, to respond, by reason of any act or omission on
his or her part or otherwise, for the payment, for or to the County, the Corporation, the Local Government
Commission, or any receiver of the County, the Corporation or the Local Government Commission, or for
or to any Holder, or otherwise, of any sum that may remain due and unpaid upon the Series 2017 Bonds
hereby secured or any of them, is hereby expressly waived and released as an express condition of, and in
consideration for, the adoption of this Series Resolution and the issuance of the Series 2017 Bonds.
Section 11.10 Headings. Any heading preceding the text of the several articles hereof, and any
table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference
and shall not constitute a part of this Series Resolution, nor shall they affect its meaning, construction or
effect.
Section 11.11 Continuing Disclosure. The County covenants and agrees that in the event of
the termination of the Lease it shall impose upon any successor lessee of the Existing Facilities or the
Health Care System the same continuing disclosure obligations, or if the County shall operate the
Existing Facilities or the Health Care System, the County shall assume and perform the same continuing
disclosure obligations, imposed upon the Corporation under the Lease.
If the County fails to comply with the undertaking described above, the Trustee or any beneficial
owner of the Series 2017 Bonds then Outstanding may take action to protect and enforce the rights of
beneficial owners with respect to such undertaking, including an action for specific performance;
provided, however, that failure to comply with such undertaking shall not be an Event of Default and
shall not result in any acceleration of payment of the Series 2017 Bonds.
Section 11.12 Arbitrage. The County agrees that money on deposit in any fund or account
maintained in connection with the Series 2017 Bonds, whether or not such money was derived from the
proceeds of the sale of the Series 2017 Bonds or from any other sources, and whether or not the Series
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 30
2017 Bonds are Outstanding hereunder, (i) will not be used in a manner that would cause the Series 2017
Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable regulations
thereunder and (ii) will be used in a manner that will cause the Series 2017 Bonds not to be "arbitrage
bonds" within the meaning of Section 148 of the Code and applicable regulations thereunder. The
County shall observe and not violate the requirements of Section 148 of said Code and any such
applicable regulations. In the event the County is of the opinion that it is necessary to restrict or limit the
yield on the investment of money held by the Trustee pursuant to this Series Resolution, or to use such
money in certain manners, in order to avoid the Series 2017 Bonds being considered "arbitrage bonds"
within the meaning of Section 148 of the Code and the regulations thereunder as such may be applicable
to the Series 2017 Bonds at such time, the County may issue to the Trustee a written certificate to such
effect and appropriate instructions, in which event the Trustee shall take such action as is necessary to
restrict or limit the yield on such investment or to use such money in accordance with such certificate and
instructions, irrespective of whether the Trustee shares such opinion.
Section 11.13 Tax Covenant The County covenants that it will not take any action, or fail to
take any action, if any such action or failure to take action would adversely affect the exclusion of interest
paid on the Series 2017 Bonds from gross income of the owners thereof for federal income tax purposes;
provided, however, that the County shall have no obligation to pay any amounts necessary to comply with
this covenant other than from Net Revenues or money received by the County from the Corporation.
Section 11.14 Notice to Local Government Commission and Rating Agencies. The Local
Government Commission and each Rating Agency then rating the Series 2017 Bonds shall receive notice
from the Trustee of the following events: any change in the Trustee; any material change in the Bond
Order or this Series Resolution; any acceleration of the Series 2017 Bonds; and any redemption or
defeasance of the Series 2017 Bonds.
Section 11.15 Provisions Relating to Local Government Commission. The provisions
contained herein relating to any notice to, approval of or other action by the Local Government
Commission may not be amended, modified or supplemented without the prior written consent of the
Local Government Commission. Any such reference in this Series Resolution to the Local Government
Commission shall include, in each case, any authorized representative of the Local Government
Commission.
Section 11.16 Amended and Restated Series Resolution Effective. This Series Resolution
shall take effect immediately upon its adoption.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 31
R-
EXHIBIT A
[FORM OF SERIES 2017 BONDS]
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER, NORTH CAROLINA
HOSPITAL REVENUE BOND
(NEW HANOVER REGIONAL MEDICAL CENTER) SERIES 2017
DATED OF ORIGINAL
INTEREST RATE MATURITY ISSUANCE CUSIP
PRINCIPAL SUM:
REGISTERED OWNER: CEDE & CO.
THE COUNTYOFNEWHANOVER (the "County "), a political subdivision of the State of North
Carolina, for value received, hereby promises to pay, solely from the sources and in the manner
hereinafter provided, to the registered owner identified above, or registered assigns, on the maturity date
set forth above (or earlier as hereinafter referred to), upon the presentation and surrender hereof at the
designated corporate trust office of U.S. Bank National Association, in Raleigh, North Carolina as Paying
Agent (the "Paying Agent ") under the Bond Order and the Series Resolution (both as hereinafter defined),
the principal sum set forth above. The County also promises to pay, but solely from the sources
hereinafter provided, interest on this bond (calculated on the basis of a 360 -day year consisting of twelve
30 -day months) from the interest payment date next preceding the date on which it is authenticated,
unless it is authenticated on an interest payment date, in which event it shall bear interest from such
interest payment date, or it is authenticated prior to October 1, 2017, in which event it shall bear interest
from its date, payable on April 1 and October 1 of each year, beginning October 1, 2017, at the rate per
annum set forth above until the principal sum hereof is paid.
Capitalized terms not defined herein shall have the meanings set forth in the Bond Order adopted
by the Board of Commissioners of the County (the "Board") on October 6, 1993, as amended by the First
Supplemental Bond Order adopted by the Board on February 5, 1999 and the Second Supplemental Bond
Order adopted by the Board on December 7, 2005 (collectively, the "Bond Order ") and the Series
Resolution adopted by the Board on May 1, 2017 (the "Series Resolution "). Reference is made to the
Bond Order and the Series Resolution for a more complete statement of the provisions thereof and of the
rights of the County, the Corporation, the Trustee and the registered owners of the Series 2017 Bonds.
Copies of the Bond Order and the Series Resolution are on file and may be inspected at the designated
corporate trust office of the Trustee. By the purchase and acceptance of this Bond the registered owner
hereof signifies assent to all of the provisions of the Bond Order and the Series Resolution.
This Bond is a special obligation of the County under the Act. This Bond is secured by a pledge
of, and the principal of, the premium, if any, and interest on this Bond are payable solely from the Net
Revenues and the County's right to receive Net Revenues. This Bond is also secured by the money and
securities in the funds and accounts held by the Trustee under the Series Resolution, and the income from
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 32
the temporary investment thereof This Bond does not constitute a debt of the County for which the faith
and credit and taxing power of the County are pledged, and the issuance of this Bond will not directly or
indirectly or contingently obligate the County to levy any tax or pledge any form of taxation for the
payment hereof.
This Bond is one of a duly authorized series of hospital revenue bonds of the County, designated
"County of New Hanover, North Carolina Hospital Revenue Bonds (New Hanover Regional Medical
Center) Series 2017" (the "Series 2017 Bonds "), issued pursuant to the Act, the Bond Order and the
Series Resolution for the purpose of providing funds, together with other available funds, to finance
hospital improvements to refinance in advance of their maturities all or a portion of the County's
Outstanding Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center) Series
2006A and series 2006B and certain expenses of issuing the Series 2017 Bonds. In addition to the Series
2017 Bonds, the County has heretofore issued under the Bond Order (a) $120,000,000 Variable Rate
Hospital Revenue Bonds (New Hanover Regional Medical Center Project) Series 2006A and Series
2006B, $98,735,000 of which are currently outstanding, (b) $40,000,000 Variable Rate Hospital Revenue
Bonds (New Hanover Regional Medical Center Project) Series 2008A and Series 2008B, $33,490,000 of
which are currently outstanding, (c) $77,010,000 Hospital Revenue Refunding Bonds (New Hanover
Regional Medical Center) Series 2011, $90,835,000 of which are currently outstanding and (d)
$56,745,000 Hospital Revenue Refunding Bonds (New Hanover Regional Medical Center) Series 2013,
$42,130,000 of which are currently outstanding.
The Series 2017 Bonds shall be issuable as registered bonds in Authorized Denominations. The
Series 2017 Bonds will be dated as of the Date of Original Issuance.
This Bond is registered on the Bond Register and may be transferred by the registered owner
hereof at the written request of such registered owner in person or by his duly authorized attorney, but
only in the manner, subject to the limitations and upon the payment of the charges provided in the Series
Resolution and upon surrender and cancellation of this Bond. Upon such transfer, a new fully registered
bond or bonds, without coupons, of the same maturity and of authorized denominations for the same
aggregate principal amount, will be issued to the transferee in exchange therefor.
The County, the Trustee and any Paying Agent may treat the registered owner of any Series 2017
Bond as the absolute owner thereof for all purposes, whether or not such Series 2017 Bond shall be
overdue, and shall not be bound by any notice to the contrary. All payments of or on account of the
principal of and premium, if any, and interest on any such Bond as herein provided shall be made only to
or upon the written order of the registered owner thereof or his legal representative, but such registration
may be changed as herein provided. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such Series 2017 Bond to the extent of the sum or sums so paid.
The County, the Trustee and any Paying Agent shall not be required to register the transfer or
exchange of any Series 2017 Bond (i) after notice calling such Series 2017 Bond or portion thereof for
redemption has been mailed or (ii) during the fifteen day period next preceding the mailing of a notice of
redemption of the Series 2017 Bonds of the same Series, if any, and maturity.
The principal of, premium, if any, and interest on and the Redemption Price of the Series 2017
Bonds shall be payable in currency of the United States of America which, at the respective dates of
payment thereof, is legal tender for the payment of public and private debts.
The principal or Redemption Price of the Series 2017 Bonds shall be payable by check in lawful
money of the United States of America upon presentation at the Principal Office of the Paying Agent to
the Holders of the Series 2017 Bonds on such date. Interest on the Series 2017 Bonds shall be paid to the
Person whose name appears on the Bond Register as the Holder thereof as of the close of business on the
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 33
Record Date for each Interest Payment Date. Payment of the interest on the Series 2017 Bonds shall be
made by check mailed by first class mail to such Holder at its address as it appears on such registration
books, or, upon the written request of any Holder of at least $1,000,000 in aggregate principal amount of
the Series 2017 Bonds, submitted to the Trustee at least five Business Days prior to the Record Date, by
wire transfer in immediately available funds to an account within the United States of America designated
by such Holder.
The Series 2017 Bonds are being issued by means of a book -entry system with no physical
distribution of bond certificates to be made except as provided in the Series Resolution. One bond
certificate with respect to each date on which the Series 2017 Bonds are stated to mature, in the aggregate
principal amount of the Series 2017 Bonds stated to mature on such date and registered in the name of
Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC'), is being
issued and required to be deposited with DTC and immobilized in its custody. The book -entry system
will evidence ownership of the Series 2017 Bonds in the principal amount of $5,000 or any whole
multiple thereof, with transfers of ownership effected on the records of DTC and its participants pursuant
to rules and procedures established by DTC and its participants. Transfer of principal, interest and any
redemption premium payments to beneficial owners of the Series 2017 Bonds by participants of DTC will
be the responsibility of such participants and other nominees of such beneficial owners. The County will
not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing
the records maintained by DTC, its participants or persons acting through such participants. While Cede
& Co. is the registered owner of this Bond, notwithstanding the provisions hereinabove contained,
payments of principal of or redemption premium, if any, and interest on this Bond shall be made in
accordance with the existing arrangements between the Trustee and DTC.
Defaulted Interest. Defaulted Interest with respect to any Series 2017 Bond shall cease to be
payable to the holder of such Series 2017 Bond on the relevant Record Date and shall be payable to the
holder in whose name such Series 2017 Bond is registered at the close of business of the Trustee on the
Special Record Date for the payment of such Defaulted Interest, which shall be fixed as provided in the
Series Resolution.
Extraordinary Redemption. The Series 2017 Bonds are subject to redemption by the County at
the direction of the Corporation in whole or in part on any date at a Redemption Price equal to 100% of
the principal amount thereof, without premium, plus accrued interest to the Redemption Date, from Net
Proceeds resulting from insurance carried or maintained with respect to the Health Care System as
required by the Bond Order, and Net Proceeds resulting from Eminent Domain proceedings, pursuant to
the Bond Order, to the extent such Net Proceeds exceed 10% of Net Book Value. The Series 2017 Bonds
are also subject to mandatory redemption in whole only on any date from money deposited by the
Corporation in the Redemption Fund at a Redemption Price equal to 100% of the principal amount
thereof, without premium, plus accrued interest to the Redemption Date in the event that, by reason of any
change in any federal or State law or of any legislative, administrative or judicial action or administrative
failure of action, (i) the Lease becomes unenforceable or impossible to perform without unreasonable
delay or (ii) unreasonable burdens or excessive liabilities are imposed on the County or the Corporation,
including, without limitation, the imposition of federal, state or other ad valorem property, income or
other taxes not being imposed on the date of the Lease.
[Optional Redemption. The Series 2017 Bonds maturing on or after October 1, will be subject
to redemption by the County, at the direction of the Corporation, in whole or in part on any date on or
after October 1, _, at a Redemption Price equal to 100% of the principal amount of the Series 2017
Bonds to be redeemed, together with interest accrued thereon to the Redemption Date, all in the manner
provided in the Bond Order and the Series Resolution.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 34
Mandatory Sinking Fund Redemption. The Series 2017 Bonds shall be redeemed pursuant to
mandatory sinking fund redemption on the first Business Day of October in the following years and
amounts at a Redemption Price equal to 100% of the principal amount of such Series 2017 Bonds to be
redeemed, plus accrued interest to the Redemption Date:
PRINCIPAL PRINCIPAL
YEAR AMOUNT YEAR AMOUNT
The amounts referred to above shall be reduced (i) by the amount of Series 2017 Bonds acquired
and delivered in accordance with the Series Resolution in satisfaction of such Sinking Fund Account
requirements and (ii) in connection with a partial redemption of Series 2017 Bonds if the Corporation
elects to reduce mandatory Sinking Fund Account redemptions for the Series 2017 Bonds in the manner
provided in the Series Resolution. Payment or redemption of the Series 2017 Bonds through the Sinking
Fund Account shall be without premium. The Series 2017 Bonds shall be redeemed by the Trustee
pursuant to the provisions of this paragraph without any notice from or direction by the County or the
Corporation.]
Purchase in Lieu of Redemption. In lieu of redeeming Series 2017 Bonds, the Trustee shall, at
the request of the County, upon the direction of the Corporation, use such funds otherwise available
hereunder for redemption of Series 2017 Bonds to purchase Series 2017 Bonds identified by the County,
upon the direction of the Corporation, in the open market for cancellation at a price specified by the
County, upon the direction of the Corporation, not exceeding the Redemption Price then applicable
hereunder. The procedures for purchasing the Series 2017 Bonds in lieu of redeeming the same are set
forth in the Series Resolution. Such purchased Series 2017 Bonds may, in the case of optional
redemption, remain outstanding or otherwise shall be cancelled, all as provided in the Series Resolution.
General Redemption Provisions. Not less than 30 days but not more than 60 days before the
redemption date of any Series 2017 Bonds, whether such redemption be in whole or in part, the Trustee
shall cause a notice of any redemption signed by the Trustee to be mailed, postage prepaid, to all Holders
owning Series 2017 Bonds to be redeemed in whole or in part provided that notice to the Securities
Depository shall be sent in accordance with the Securities Depository's policies and procedures. Failure
to mail any such notice to any Holder or any defect in any notice so mailed shall not affect the validity of
the proceedings for the redemption of the Series 2017 Bonds of any other Holders to whom notice was
properly given. Each such notice shall set forth: the CUSIP numbers and, if the Series 2017 Bonds are
certificated bonds, the bond certificate numbers of the Series 2017 Bonds to be redeemed, the interest rate
of the Series 2017 Bonds to be redeemed, the Date of Original Issuance of the Series 2017 Bonds to be
redeemed, the Redemption Date, the Redemption Price to be paid, the maturities of the Series 2017 Bonds
to be redeemed and, in the case of Series 2017 Bonds to be redeemed in part only, the portion of the
principal amount thereof to be redeemed, the address and telephone number of the Trustee, the date of the
redemption notice, and that on the Redemption Date the Series 2017 Bonds called for redemption will be
payable at the designated corporate trust office of the Trustee, that from that date interest will cease to
accrue and be payable and that no representation is made as to the accuracy or correctness of the CUSIP
numbers printed therein or on the Series 2017 Bonds. If any Series 2017 Bond is to be redeemed in part
only, the notice of redemption shall state also that on or after the Redemption Date, upon surrender of
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 35
such Series 2017 Bond, a new Series 2017 Bond in principal amount equal to the unredeemed portion of
such Series 2017 Bond will be issued.
Any notice of redemption[, except a notice of redemption in respect of a mandatory sinking fund
redemption,] at the direction of the Corporation, may state that the redemption to be effected is
conditioned upon the receipt by the Trustee on or prior to the Redemption Date of moneys sufficient to
pay the principal of and premium, if any, and interest on the Series 2017 Bonds or portions thereof to be
redeemed, and if such moneys are not so received, such notice shall be of no force or effect and such
Series 2017 Bonds shall not be required to be redeemed. In the event that such notice contains such a
condition and moneys sufficient to pay the principal of and premium, if any, and interest on such Series
2017 Bonds are not received by the Trustee on or prior to the Redemption Date, the redemption shall not
be made, and the Trustee shall within a reasonable time thereafter give notice, in the manner in which the
notice of redemption was given, that such moneys were not so received.
The Series 2017 Bonds shall be redeemed only in Authorized Denominations. If less than all the
Series 2017 Bonds are called for redemption, the Series 2017 Bonds of each maturity to be so redeemed
shall be called for redemption in the manner set forth in a certificate of the Corporation filed with the
Trustee. If less than all of the Series 2017 Bonds of any one maturity are to be called for redemption, the
Trustee shall select the Series 2017 Bonds of each such maturity to be redeemed by lot, each $5,000
portion of principal being counted as one Series 2017 Bond for this purpose; provided, however, that so
long as the only Owner of the Series 2017 Bonds is a Securities Depository Nominee, such selection shall
be made by the Securities Depository by lot in accordance with its operating rules and procedures.
No redemption of less than all of the Series 2017 Bonds of a series at the time outstanding shall
be made pursuant to the Series Resolution unless (i) the aggregate principal amount of such Series 2017
Bonds to be redeemed is equal to or greater than $100,000 and (ii) the Series 2017 Bonds are redeemed in
Authorized Denominations.
If less than all of a Series 2017 Bond is selected for redemption, the Owner thereof shall present
and surrender such Series 2017 Bond to the Trustee for payment of the principal amount thereof so called
for redemption, and the redemption premium, if any, on such principal amount, and the County shall, if
necessary, execute and the Trustee shall authenticate and deliver to or upon the order of such Owner,
without charge, for the unredeemed portion of the principal amount of the Series 2017 Bond so
surrendered, a new Series 2017 Bond of the same maturity and designation, bearing interest at the same
rate of any Authorized Denominations.
Series 2017 Bonds presented and surrendered in accordance with the provisions hereof shall be
canceled upon the surrender thereof.
On or before the date upon which Series 2017 Bonds are to be redeemed, the County shall
deposit, or cause to be deposited, with the Trustee money or Defeasance Obligations, or a combination of
both, that will be sufficient to pay on the Redemption Date the Redemption Price of, and interest accruing
on, the Series 2017 Bonds or portions thereof to be redeemed on such Redemption Date.
On the Redemption Date, notice having been given in the manner and under the conditions
hereinabove provided, the Series 2017 Bonds or portions thereof called for redemption shall be due and
payable at the Redemption Price provided therefor, plus accrued interest to such date (except in the case
of a conditional redemption authorized by the Series Resolution if moneys are not so available), and if
moneys sufficient to pay the Redemption Price of the Series 2017 Bonds or portions thereof to be
redeemed plus accrued interest thereon to the Redemption Date are held by the Trustee in trust for the
owners of the Series 2017 Bonds or portions thereof to be redeemed, interest on the Series 2017 Bonds or
portions thereof called for redemption shall cease to accrue on such Redemption Date; such Series 2017
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 36
Bonds or portions thereof shall cease to be entitled to any benefits or security under the Bond Order or the
Series Resolution or to be deemed Outstanding; and the owners of such Series 2017 Bonds or portions
thereof shall have no rights in respect thereof except to receive payment of the Redemption Price thereof,
plus accrued interest to the Redemption Date.
The Bond Order provides for the issuance from time to time under the conditions, limitations and
restrictions therein set forth of additional Indebtedness, including Indebtedness secured pari passu with
the Series 2017 Bonds and all other Outstanding Bonds issued under the Bond Order as to the pledge,
charge and lien upon the Net Revenues.
The registered owner of this Bond shall have no right to enforce the provisions of the Bond Order
or the Series Resolution, or to institute action to enforce the covenants therein, or to take any action with
respect to any event of default under the Bond Order or the Series Resolution, or to institute, appear in or
defend any suit or other proceeding with respect thereto, except as provided in the Bond Order or the
Series Resolution; provided, however, that any registered owner may institute action to enforce the
payment of the principal of or the interest on this Bond.
Upon the occurrence of certain events, and on the conditions, in the manner and with the effect
set forth in the Bond Order, the principal of all Series 2017 Bonds then Outstanding under the Bond Order
may become or may be declared due and payable before the respective stated maturities thereof, together
with the interest accrued thereon.
Modifications or alterations of the Bond Order or any bond order supplemental thereto, or the
Series Resolution or any series resolution supplemental thereto, may be made only to the extent and in the
circumstances permitted by the Bond Order and the Series Resolution.
This Bond, notwithstanding the provisions for registration of transfer stated herein and contained
in the Bond Order and the Series Resolution, at all times shall be and shall be understood to be an
investment security within the meaning of and for all the purposes of Article 8 of the Uniform
Commercial Code of North Carolina. This Bond is issued with the intent that the laws of the State of
North Carolina shall govern its construction.
All acts, conditions and things required to happen, exist and be performed precedent to and in the
issuance of this Bond and the adoption of the Bond Order and the Series Resolution have happened, exist
and have been performed as so required.
Neither the members or officers of the County nor any person executing this Bond is liable
personally hereon or subject to any personal liability or accountability by reason of the issuance thereof
This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or
security under the Bond Order or the Series Resolution until it shall have been authenticated by the
execution by the Trustee of the certificate of authentication endorsed hereon.
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 37
IN WITNESS WHEREOF, the County of New Hanover has caused this Bond to be executed by the
manual signatures of the Chairman of its Board of Commissioners and the Clerk to said Board and its
official seal to be impressed hereon all as of the _ day of June, 2017.
(SEAL)
COUNTY OF NEW HANOVER, NORTH CAROLINA
Chairman of the Board of Commissioners
Clerk to the Board of Commissioners
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 38
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Bond is one of the Series 2017 Bonds designated and described in the provisions of the
within - mentioned Bond Order and Series Resolution.
U.S. BANK NATIONAL ASSOCIATION, Trustee
Authorized Signatory
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 39
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within- mentioned Series 2017 Bonds has been approved under the provisions
of The State and Local Government Revenue Bond Act of North Carolina, as amended.
LOCAL GOVERNMENT COMMISSION OF NORTH
CAROLINA
C
Secretary
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 40
[FORM OF ASSIGNMENT]
FOR VALVERECE'IVE'Dthe undersigned hereby sells, assigns and transfers unto
(Please print or typewrite Name and Address,
including Zip Code, and Federal Taxpayer Identification or
Social Security Number of Assignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to register the transfer of the within Bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated:
Signature guaranteed by:
NOTICE: Signature must be guaranteed by a NOTICE: The signature to this assignment must
Participant in the Securities Transfer Agent correspond with the name as it appears on the
Medallion Program ( "Stamp ") or similar face of the within Bond in every particular,
program. without alteration, enlargement or any change
whatever.
TRANSFER FEE MAY BE REQUIRED
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 41
EXHIBIT B
FORM OF REQUISITION
U.S. Bank National Association
Raleigh, North Carolina
Dear Sirs:
ITEM NO.
On behalf of the County of New Hanover, North Carolina (the "County"), we hereby requisition
from the New Hanover County 2017 New Hanover Regional Medical Care Center Project Fund (the
"Series 2017 Project Fund ") created by the Bond Order adopted on October 6, 1993, as amended by the
First Supplemental Bond Order adopted by the Board of Commissioners (the "Board ") of the County on
February 15, 1999 and the Second Supplemental Bond Order adopted by the Board of the County on
December 7, 2005 (collectively the "Bond Order ") and a Series Resolution adopted on May 1, 2017 (the
"Series Resolution ") by the County pursuant to which you have been appointed to serve as trustee, the
sum of $ (excluding any sales tax) to be paid to
for
We hereby certify that (a) such obligation in the above stated amount has been incurred in or
about the acquisition, construction or equipping of the Project, as defined in the Series Resolution, is
currently due and payable, and constitutes a proper charge against the Series 2017 Project Fund that has
not been paid, (b) no notice of any lien, right to lien or attachment upon, or claim affecting the right of the
payee to receive payment of any such amount has been filed or attached, or, if any notice of any such lien,
right to lien, attachment, or claim has been received, such lien, right to lien, attachment or claim has been
satisfied or discharged, or that the same will be satisfied or discharged, or that provisions (which, if
applicable, are further specified below) have been made to adequately protect you and the holders of the
County of New Hanover, North Carolina Hospital Revenue Bonds (New Hanover Regional Medical
Center Project) Series 2017 from incurring any loss as a result of the same, and (c) this requisition
contains no items representing payment on account of any retainage to which the County or the
Corporation is entitled on this date.
This requisition shall be paid from the (Issuance Account) (Project Account) (as defined in the Series
Resolution) of the Project Fund.
Corporation Representative
Corporation Construction Representative
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Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 42
(To be completed by Corporation Representative and Corporation Construction Representative and
attached to requisition when requisition is for obligations payable from Project Account)
CERTIFICATE OF CORPORATION REPRESENTATIVE AND CORPORATION
CONSTRUCTION REPRESENTATIVE
We hereby certify that the obligations covered by the above requisition do not represent Issuance Costs
as such term is defined in the Series Resolution.
Corporation Representative
Corporation Construction Representative
B -2
Board of Commissioners - May 1, 2017
ITEM: 12- 2 - 43
PARKER POE DRAFT 4/19/17
NINTH AMENDMENT TO LEASE AGREEMENT
By and Between
COUNTY OF NEW HANOVER, NORTH CAROLINA
and
NEW HANOVER REGIONAL MEDICAL CENTER
Dated as of June 1, 2017
PPAB 3574298v8
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 1
NINTH AMENDMENT TO LEASE AGREEMENT
THIS NINTH AMENDMENT To LEASE AGREEMENT, dated as of June 1, 2017 (this
"Amendment "), is made by and between the COUNTY OF NEw HANOVER, NORTH CAROLINA, a political
subdivision of the State of North Carolina (the "County "), and NEw HANOVER REGIONAL MEDICAL
CENTER, a nonprofit corporation organized and existing under the General Statutes of North Carolina
(the "Corporation "), and amends the Lease Agreement dated as of October 1, 1993, by and between the
County and the Corporation, as previously amended by the First Amendment to Lease Agreement dated
as of June 15, 1996, the Second Amendment to Lease Agreement dated as of February 15, 1999, the Third
Amendment to Lease Agreement dated as of December 1, 2005, the Fourth Amendment to Lease
Agreement dated as of September 1, 2006, the Fifth Amendment to Lease Agreement dated as of
October 1, 2008, the Sixth Amendment to Lease Agreement dated as of June 1, 2009, the Seventh
Amendment to Lease Agreement dated as of September 1, 2011 and the Eighth Amendment to Lease
Agreement dated as of July 1, 2013 (as so amended, the "Lease ").
WITNESSETH:
WHEREAS, the County proposes to issue its Hospital Revenue Bonds (New Hanover Regional
Medical Center) Series 2017 (the "Series 2017 Bonds ") to finance, and reimburse the Corporation for,
constructing, equipping and furnishing certain capital improvements to the Corporation's campus and to
refund in advance of their maturities certain hospital revenue bonds previously issued; and
WHEREAS, under The State and Local Government Revenue Bond Act, Article 5, as amended, of
Chapter 159 of the General Statutes of North Carolina (the "Act "), the County is authorized and
empowered to issue revenue bonds for such purposes; and
WHEREAS, the County adopted a Bond Order on October 6, 1993 authorizing the issuance of
hospital revenue bonds, which was amended by a First Supplemental Bond Order adopted by the County
on February 5, 1999, and a Second Supplemental Bond Order adopted by the County on December 7,
2005 (as so amended, the "Bond Order "); and
WHEREAS, the County has determined that it is consistent with the purposes of the Act and in the
public interest (a) to issue the Series 2017 Bonds pursuant to the Bond Order and a Series Resolution
adopted by the County on April 3, 2017, for the purposes stated above and (b) to enter into this
Amendment; and
WHEREAS, the execution and delivery of this Amendment have been duly authorized by the
County and the Corporation; and
WHEREAS, all acts, notices and things required by the constitution and laws of the State and the
Bylaws of the Corporation to happen, exist and be performed precedent to and in the execution and
delivery of this Amendment have happened, exist and have been performed as so required, in order to
make this Amendment a valid and binding agreement in accordance with its terms; and
WHEREAS, each of the parties hereto represents that it is fully authorized to enter into and
perform and fulfill the obligations imposed upon it under this Amendment and the Lease, and the parties
are now prepared to execute and deliver this Amendment;
Now, THEREFORE, in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration paid by each of the parties to the other, the receipt of which is
hereby acknowledged, the County and the Corporation hereby agree as follows:
PPAB 3574298v8
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 2
ARTICLE I
DEFINITIONS
Section 1.01 Definitions Unless elsewhere defined in this Amendment, all capitalized terms
used in this Amendment shall have the meanings ascribed thereto in the Lease. The following terms shall
have the following meanings herein and in the Lease as amended hereby:
"Series 2017 Bonds" means the Bonds so designated by and issued under the
Bond Order and the Series 2017 Resolution.
"Series 2017 Resolution" means the Series Resolution adopted by the Board of
Commissioners of the County on April 3, 2017.
ARTICLE II
REPRESENTATIONS
Section 2.01 Representations by the County. The County represents that it has the power to
enter into the transactions contemplated by this Amendment and to carry out its obligations hereunder;
and that by proper action of its Board of Commissioners, the County has been duly authorized to execute
and deliver this Amendment. The County further represents that it proposes to issue the Series 2017
Bonds that will mature, bear interest, be redeemable and have the other terms and provisions set forth in
the Bond Order and the Series 2017 Resolution.
Section 2.02 Representations by the Corporation The Corporation represents that it is a
nonsectarian, nonprofit corporation, no part of the net earnings of which inures to the benefit of any
private member or individual; that it has authority to lease the Existing Facilities and operate the Health
Care System, and, by proper corporate action, has been duly authorized to execute and deliver this
Amendment; and that the execution and delivery of this Amendment, its consummation of the
transactions contemplated hereby and fulfillment of or compliance with the terms and conditions of this
Amendment, do not conflict with or result in a breach of any of the terms, conditions or provisions of any
corporate restriction, or any agreement or instrument to which the Corporation is now a party or by which
it is bound, and do not constitute a default under any of the foregoing, or result in the creation or
imposition of any lien or encumbrance of any nature whatsoever upon any of the property or assets of the
Corporation under the terms of any instrument or agreement (other than this Amendment and the Bond
Order).
ARTICLE III
AMENDMENTS TO LEASE
Section 3.01 Amendment of Section 4.12 of the Lease Section 4.12 of the Lease is hereby
amended in its entirety to read as follows:
Section 4.12. Accreditation. As of June 1, 2017, the Health Care System is accredited
by The Joint Commission and the Corporation shall use its best efforts to maintain accreditation
by The Joint Commission, DNV GL or other reputable accreditation body or entity so long as the
Corporation reasonably believes the same to be in the best interest of the Corporation and the
Holders. The Corporation shall furnish copies of all correspondence relating to a loss or
voluntary relinquishment of such accreditation to the County, the Local Government Commission
PPAB 3574298v8 2
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 3
and the Trustee unless such loss or relinquishment is relating to the voluntary replacement of the
accreditation body or entity and a new accreditation from such other body or entity is received.
Section 3.02 Addition of Section 4.40 of the Lease- Article N of the Lease is hereby
amended by adding the following Section 4.40:
Section 4.40. Secondary Market Disclosure. The Corporation agrees, for the benefit
of the beneficial owners of the Series 2017 Bonds, to provide to the Municipal Securities
Rulemaking Board (the "MSRB "):
(a) by not later than seven months after the end of each Fiscal Year of the
Corporation, beginning with the Fiscal Year ending September 30, 2017 with respect to the Series
2017 Bonds, the audited financial statements of the Corporation for such Fiscal Year, if available,
prepared in accordance with Section 159 -39 of the General Statutes of North Carolina, as
amended from time to time, or with any successor statute; or if such audited financial statements
are not available by seven months after the end of such Fiscal Year, the unaudited financial
statements of the Corporation for such Fiscal Year to be replaced subsequently by the audited
financial statements of the Corporation to be delivered within 15 days after such audited financial
statements become available for distribution;
(b) by not later than seven months after the end of each Fiscal Year, beginning with
the Fiscal Year ending September 30, 2017 with respect to the Series 2017 Bonds, the financial
and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of
information included under the following headings in Appendix A to the Official Statement dated
the date of distribution thereof relating to the Series 2017 Bonds, to the extent such items are not
included in the financial statements referred to in (a) above:
(1) "Facilities and Services" (tables relating to the New Hanover Regional
Medical Center therein);
(2) "Medical Staff';
(3) "Utilization Statistics ";
(4) "Historical Long -Term Debt Service Coverage Ratios";
(5) "Liquidity and Cushion Ratios";
(6) "Debt-to-Capitalization"; and
(7) "Third -Party Reimbursement and Sources of Payment ";
(c) in a timely manner not in excess of ten business days after the occurrence of the
event, notice of any of the following events with respect to the Series 2017 Bonds, if material:
(1) principal and interest payment delinquencies;
(2) non - payment related defaults, if material;
(3) unscheduled draws on any debt service reserves reflecting financial
difficulties;
PPAB 3574298v8 3
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 4
(4) unscheduled draws on any credit enhancements reflecting financial
difficulties;
(5) substitution of any credit or liquidity providers, or their failure to
perform;
(6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 -TEB) or other material notices or determinations with respect to the tax status of the
Series 2017 Bonds, or other events affecting the tax status of the Series 2017 Bonds;
(7) modification to the rights of the beneficial owners of the Series 2017
Bonds, if material;
(8) call of any of the Series 2017 Bonds for redemption, other than
mandatory sinking fund redemption, if material, and tender offers;
(9) defeasances of any of the Series 2017 Bonds;
(10) release, substitution or sale of any property securing repayment of the
Series 2017 Bonds, if material;
(11) rating changes;
(12) bankruptcy, insolvency, receivership or similar event of the Corporation;
(13) the consummation of a merger, consolidation, or acquisition involving
the Corporation or the sale of all or substantially all of the assets of the Corporation, other
than in the ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to any such actions,
other than pursuant to its terms;
(14) appointment of a successor or additional Trustee or the change of name
of the Trustee; and
(d) in a timely manner, notice of a failure of the Corporation to provide required
annual financial information described in (a) or (b) above on or before the date specified.
The Corporation shall provide the documents referred to above to the MSRB in an electronic
format as prescribed by the MSRB and accompanied by identifying information as prescribed by the
MSRB. The Corporation may discharge its undertaking described above by transmitting the documents
referred to above to any entity and by any method authorized or required by the U.S. Securities and
Exchange Commission.
If the Corporation fails to comply with the undertakings described above, the Trustee or any
beneficial owner of the Series 2017 Bonds then outstanding may take action to protect and enforce the
rights of all beneficial owners with respect to such undertakings, including an action for specific
performance; provided, however, that failure to comply with such undertakings shall not be an Event of
Default under the Lease, the Bond Order or the Series 2017 Resolution and shall not result in any
acceleration of payment of the Series 2017 Bonds. All actions shall be instituted, had and maintained in
the manner provided in this paragraph for the benefit of all beneficial owners of the Series 2017 Bonds
then outstanding.
PPAB 3574298v8 4
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 5
The Corporation reserves the right to modify from time to time the information to be provided to
the extent necessary or appropriate in the judgment of the Corporation, provided that:
(a) any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law, or change in the
identity, composition, nature or status of the Corporation;
(b) the information to be provided, as modified, would have complied with the
requirements of Rule 15c2 -12 issued under the Securities Exchange Act of 1934 ( "Rule 15c2-
12") as of the date of the Official Statement with respect to the Series 2017 Bonds after taking
into account any amendments or interpretations of Rule 15c2 -12, as well as any changes in
circumstances; and
(c) any such modification does not materially impair the interests of the beneficial
owners of the Series 2017 Bonds as determined either by parties unaffiliated with the Corporation
(such as bond counsel), or by the approving vote of the registered owners of a majority in
principal amount of the Series 2017 Bonds then Outstanding pursuant to the terms of the Bond
Order and the Series 2017 Resolution as they may be amended from time to time.
Any annual financial information containing the modified operating data or financial information
is required to explain, in narrative form, the reasons for the amendments and the impact of the change in
the type of operating data or financial information being provided.
The undertaking described in this Section and in Section 4.41 will terminate upon payment, or
provision having been made for payment in a manner consistent with Rule 15c2 -12, in full of the
principal of and interest on all of the Series 2017 Bonds.
Section 3.03 Addition of Section 4.41 of the Lease. Article IV of the Lease is hereby
amended by adding the following Section 4.41:
Section 4.41. Quarterly Disclosure. The Corporation agrees, for the benefit of
the beneficial owners of the Series 2017 Bonds, to provide to the MSRB within forty -five
(45) days from the end of each of the first three fiscal quarters of each Fiscal Year the
unaudited statement of operations and balance sheet, certain financial ratios and operating
statistics of the Corporation, Carolina Healthcare Associates, Inc. and Physician Quality
Partners LLC for such fiscal quarter that are customarily prepared by the Corporation
from time to time. The provisions of this Section are not governed by the requirements
of Rule 15c2 -12.
ARTICLE IV
MISCELLANEOUS
Section 4.01 Multiple Counterpart& This Amendment may be executed in multiple
counterparts, each of which shall be regarded for all purposes as an original, constituting but one and the
same instrument.
Section 4.02 Severability. If any one or more of the covenants, agreements or provisions of
this Amendment shall be determined by a court of competent jurisdiction to be invalid, the invalidity of
such covenants, agreements and provisions shall in no way affect the validity or effectiveness of the
remainder of this Amendment or the Lease, as amended hereby, and this Amendment and the Lease, as
amended hereby, shall continue in force to the fullest extent permitted by law.
PPAB 3574298v8 5
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 6
Section 4.03 Recordation ofAmendment The Corporation covenants that it will cause this
Amendment to be recorded and filed in the office of the New Hanover County Register of Deeds.
Section 4.04 State Law Controlling. This Amendment shall be construed and enforced in
accordance with the laws of the State of North Carolina.
Section 4.05 Effective Date of this Amendment Notwithstanding that this Amendment is
dated as of May 1, 2017, this Amendment shall take effect when it is fully executed and has been
delivered to the parties hereto contemporaneously with the delivery of and payment for the Series 2017
Bonds. No obligation shall be imposed on the Corporation prior to the effective date of this Amendment.
Section 4.06 Extension of Term The term of the Lease shall be extended so that it
terminates on October 2, 2047. All other provisions of Section 3.02 of the Lease, including, without
limitation, those regarding early termination and regarding renewal of the Lease for additional five -year
terms after expiration of the initial term, remain unchanged.
PPAB 3574298v8 6
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 7
IN WITNESS WHEREOF, the County has caused these presents to be signed in its name and on its
behalf by the County Manager and its official seal to be hereunto affixed and attested by the Clerk to its
Board of Commissioners, thereunto duly authorized; and the Corporation has caused these presents to be
signed in its name and on its behalf by its President and its corporate seal to be hereunto affixed and
attested by its Secretary, all as of the _ day of June, 2017.
COUNTY OF NEW HANOVER, NORTH CAROLINA
[SEAL]
i
ATTEST:
Clerk to the Board of Commissioners
County Manager
NEW HANOVER REGIONAL MEDICAL CENTER
[SEAL]
L'In
ATTEST:
Secretary
Executive Vice President and Chief Financial Officer
PPAB 3574298v8 7
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 8
ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE COUNTY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of North
Carolina, Do HEREBY CERTIFY THAT Chris Coudriet and Kymberleigh G. Crowell ( "Signatories "),
personally came before me this day and acknowledged that they are the County Manager and Clerk to the
Board of Commissioners, respectively, of the County of New Hanover, North Carolina, and that they, as
County Manager and Clerk to the Board of Commissioners, respectively, being authorized to do so,
executed the foregoing instrument on behalf of said County.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current state or
federal identification with the Signatories' photograph in the form of-
(check one of the following)
_ a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatories).
The Signatories acknowledged to me that he voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated.
WITNEss my hand and official stamp or seal this day of 12017.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
°&, [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
PPAB 3574298v8 8
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 9
ACKNOWLEDGMENT OF EXECUTION ON BEHALF OF THE CORPORATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of New Hanover County and State of North
Carolina, Do HEREBY CERTIFY THAT Edwin J. 011ie and Mike Wilkinson ( "Signatories "), personally
came before me this day and acknowledged that they are the Executive Vice President and Chief
Financial Officer and Secretary, respectively of New Hanover Regional Medical Center, a North Carolina
nonprofit corporation, and that they, in such capacities, being authorized to do so, executed the foregoing
instrument on behalf of said Corporation.
I certify that the Signatories personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatories); or
(I have seen satisfactory evidence of the Signatories' identity, by a current state or
federal identification with the Signatories' photograph in the form of-
(check one of the following)
_ a driver's license or
in the form of ); or
(a credible witness has sworn to the identity of the Signatories).
The Signatories acknowledged to me that he voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated.
WITNEss my hand and official stamp or seal this day of 12017.
Notary Public
Print Name:
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires:
°&, [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
PPAB 3574298v8 9
Board of Commissioners - May 1, 2017
ITEM: 12- 3 - 10
PARKER POE DRAFT 4/14/17
ESCROW DEPOSIT AGREEMENT
Dated as of June 1, 2017
Between
COUNTY OF NEW HANOVER, NORTH CAROLINA
and
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
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Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 1
ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT, dated as of June 1, 2017 (the "Agreement"),
between the COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County "), and U.S. BANK
NATIONAL ASSOCIATION, as escrow agent (the "Escrow Agent ");
WITNESSETH:
WHEREAS, pursuant to a bond order adopted by the Board of Commissioners (the "Board") for
the County on October 6, 1993, as amended by a First Supplemental Bond Order adopted by the Board on
February 5, 1999 and a Second Supplemental Bond Order adopted by the Board on December 7, 2005
(collectively, the "Order "), and a Series Resolution adopted by the Board on September 5, 2006 and
amended by a First Amendment to Series Resolution adopted by the Board on May 18, 2009 (the "2006
Series Resolution "), the County issued its $120,000,000 Variable Rate Hospital Revenue Bonds (New
Hanover Regional Medical Center) Series 2006A and 2006B (collectively, the "Series 2006 Bonds "), of
which $116,605,000 remain outstanding and unpaid; and
WHEREAS, pursuant to the Order and a series resolution adopted by the Board on May 1, 2017
(the "2017 Series Resolution "), the County is issuing $ aggregate principal amount of its
Hospital Revenue Bonds, Series 2017 (the "Series 2017 Bonds "), for the purpose, among other purposes,
of providing funds, together with other available funds, to refund the outstanding Series 2006 Bonds
maturing October 1, 2027 and 2031 (collectively, the "Refunded Bonds "); and
WHEREAS, the Escrow Agent also serves as Trustee under the Order; and
WHEREAS, a portion of the proceeds derived from the sale of the Series 2017 Bonds and other
available funds of the County will be applied to the purchase of Escrow Securities (hereinafter
mentioned), the principal of and interest on which when due will provide sufficient monies, together with
additional money deposited in the trust created herein and remaining uninvested, to pay when due, the
principal or the redemption price of and interest on the Refunded Bonds; and
WHEREAS, in order to provide for the proper and timely application of the monies deposited
hereunder and the maturing principal of and interest on the Escrow Securities purchased therewith to the
payment of the Refunded Bonds, it is necessary for the County to enter into this Agreement with the
Escrow Agent;
NOW, THEREFORE, the County, in consideration of the foregoing and the mutual covenants
herein set forth and in order to secure the payment of all principal of and interest on all of the Refunded
Bonds according to their tenor, purport and effect, does by these presents hereby grant, warrant, demise,
release, convey, assign, transfer, alien, pledge, set over and confirm unto the Escrow Agent and to its
successors in the trust hereby created, and to it and its assigns forever, all and singular the property
hereinafter described, to wit:
(1) All right, title and interest in and to $
upon execution and delivery of this Agreement.
deposited with the Escrow Agent
(2) All right, title and interest in and to the Escrow Securities described in Exhibit A attached
hereto and made a part hereof, together with the income and earnings thereon.
(3) Any and all other property of every kind and nature from time to time hereafter, by
delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for additional
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 2
security hereunder by the County or by anyone in its behalf to the Escrow Agent for the benefit of the
registered owners of the Refunded Bonds (the "Prior Bondholders ").
(4) All property which is by the express provisions of this Agreement required to be subject
to the pledge hereof and any additional property that may, from time to time hereafter, by delivery or by
writing of any kind, by the County or by anyone in its behalf, be subject to the pledge hereof.
TO HAVE AND TO HOLD the Trust Estate (hereinafter defined), including all additional
property which by the terms hereof has or may become subject to the encumbrances of this Agreement,
unto the Escrow Agent and its successors and assigns, forever in trust for the benefit and security of the
Prior Bondholders; but if the principal or redemption price of and interest on all of the Refunded Bonds
shall be fully and promptly paid when due in accordance with the terms thereof, then this Agreement shall
be and become void and of no further force and effect; otherwise the same shall remain in full force and
effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth.
2
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ITEM: 12- 4 - 3
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. In addition to words and terms elsewhere defined in this
Agreement, the following words and terms as used in this Agreement shall have the following meanings
unless some other meaning is plainly intended.
"Escrow Securities" shall mean direct obligations of the United States of America, or portions
thereof, or obligations the timely payment of principal of and interest on which is unconditionally
guaranteed by the United States of America, none of which permit redemption prior to their stated
maturity other than at the option of the holder thereof. Escrow Securities shall not include any investment
in unit investment trusts or mutual funds.
"Trust Estate ", "trust estate" or "pledged property" shall mean the property rights and interests
described or referred to in the granting clauses (1) through (4) above.
Words of the masculine gender shall be deemed and construed to include correlative words of the
feminine and neuter genders. Words importing the singular number shall include the plural number and
vice versa unless the context shall otherwise indicate. The word "person" shall include corporations,
partnerships, associations, natural persons and public bodies unless the context shall otherwise indicate.
Reference to a person other than a natural person shall include its successors.
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ITEM: 12- 4 - 4
ARTICLE II
ESTABLISHMENT OF ESCROW DEPOSIT TRUST FUND; FLOW OF FUNDS
Section 2.01 Creation of Escrow Deposit Trust Fund and Deposit of Monies. There is
hereby created and established with the Escrow Agent a special and irrevocable trust fund designated
"County of New Hanover, North Carolina, Variable Rate Hospital Revenue Bonds (New Hanover
Regional Medical Center Project), Series 2006 Escrow Deposit Trust Fund" (the "Escrow Fund"), to be
held by the Escrow Agent and accounted for separate and apart from other funds of the County and the
Escrow Agent. Amounts credited to the Escrow Fund shall be used only for the purposes and in the
manner provided in this Agreement.
Concurrently with the delivery of this Agreement, the County herewith deposits or causes to be
deposited with the Escrow Agent, and the Escrow Agent acknowledges receipt of immediately available
funds in the amount of $ , $ of which is derived from the proceeds of the Series
2017 Bonds and $ of which is derived from the bond fund relating to the Refunded Bonds.
Upon receipt thereof, the Escrow Agent shall deposit the same to the credit of the Escrow Fund.
Section 2.02 Purchase of Escrow Securities. The Escrow Agent is hereby directed
immediately to purchase with the proceeds received by the Escrow Agent $ aggregate
principal amount of Escrow Securities, as listed in Exhibit A, at an aggregate purchase price of
$ , which will mature in principal amounts and earn interest at such times and in such
amounts, as described in Exhibit A, so that, together with an initial cash deposit to the Escrow Fund of
$ , sufficient monies will be available to pay, as the same become due and payable, all of the
redemption price of and interest on the Refunded Bonds. The Escrow Agent shall have no power or duty
to invest any monies held hereunder or to make substitutions of the Escrow Securities held hereunder or
to sell, transfer or otherwise dispose of the Escrow Securities held hereunder except as provided in this
Agreement. The Escrow Agent is hereby directed not to invest the cash deposited in the Escrow Fund
simultaneously with the delivery of this Agreement and not applied to the purchase of the Escrow
Securities.
In reliance upon the mathematical calculations performed by Fifth Third Securities, Inc., and
verified by , the County has determined that the interest on and the principal coming due
on the Escrow Securities in accordance with their terms and the remaining cash deposit in the Escrow
Fund are sufficient to assure that moneys will be available to the Escrow Agent in amounts sufficient to
meet the payment requirements of the Refunded Bonds as described in Exhibit B attached hereto and
made a part hereof. If the County shall fail to deposit initially with the Escrow Agent Escrow Securities
the interest on and principal of which, together with amounts held uninvested as cash in the Escrow Fund,
shall be sufficient to make such payments as they become due and payable, the County shall timely
deposit in the Escrow Fund such additional amounts as may be required to meet fully the amounts so to
become due and payable. Notice of any insufficiency shall be given by the Escrow Agent to the County
as promptly as possible, but the Escrow Agent shall in no manner be responsible for any insufficiency of
funds or the County's failure to make such deposits.
Section 2.03 Irrevocable Trust Created. The deposit of monies and Escrow Securities or
other property hereunder in the Escrow Fund shall constitute an irrevocable deposit of said monies and
Escrow Securities and other property hereunder for the benefit of the Prior Bondholders, subject to the
provisions of this Agreement. The Prior Bondholders shall, subject to the provisions of this Agreement,
have an express lien on all monies and principal of and interest on the Escrow Securities and other
property in the Escrow Fund. The monies deposited in the Escrow Fund and the matured principal of the
Escrow Securities and other property hereunder and the interest thereon shall be held in trust by the
Escrow Agent and shall be transferred by the Escrow Agent in the necessary amounts as hereinafter set
4
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 5
forth to or on behalf of the Trustee for the payment of redemption price of and interest on the Refunded
Bonds as the same become due and payable, as more specifically set forth in Exhibit B.
Section 2.04 Substitution of Certain Escrow Securities. (a) If so directed by the Chief
Financial Officer of the County on the date of delivery thereof, the Escrow Agent shall accept in
substitution for all or a portion of the Escrow Securities listed in Exhibit A, other Escrow Securities (the
"Substituted Securities "), the principal of and interest on which, together with any Escrow Securities
listed in Exhibit A for which no substitution is made and monies held uninvested by the Escrow Agent,
will meet the requirements of payment on the Refunded Bonds as set forth in Exhibit B. In addition to the
other conditions contained in this subsection (a), the substitution of Substituted Securities for any Escrow
Securities listed in Exhibit A may be effected only upon compliance with subsection (b)(1) and (2) of this
Section. If further directed by the Chief Financial Officer of the County, the Escrow Agent shall
exchange any or all of the Substituted Securities for a corresponding amount of the Escrow Securities
listed in Exhibit A, for which Substituted Securities were substituted on any date prior to the maturity
date of the Substituted Securities to be exchanged.
(b) If so directed by the Chief Financial Officer of the County, at any time during the term of
this Agreement, the Escrow Agent shall, upon receipt of the opinion and verification required by (1) and
(2), respectively, below, sell, transfer, exchange or otherwise dispose of, or request the redemption of, all
or a portion of the Escrow Securities then held in the Escrow Fund and shall substitute for such Escrow
Securities Substituted Securities designated by the County and acquired by the Escrow Agent with the
proceeds derived from the sale, transfer, disposition or redemption of or by the exchange of, such Escrow
Securities held in the Escrow Fund, if_`
(1) the Escrow Agent shall have received a written opinion of nationally recognized
counsel in the field of law relating to municipal bonds stating that such substitution will not
adversely affect the exclusion from gross income for federal income tax purposes of interest on
the Refunded Bonds or the Series 2017 Bonds and is not inconsistent with the statutes and
regulations applicable to the Refunded Bonds, the Order or the Series 2017 Bonds; and
(2) the Escrow Agent shall have received written verification from a firm of
independent verification agents stating that the principal of and interest on the Substituted
Securities, together with any Escrow Securities and a stated dollar amount of cash remaining in
the Escrow Fund, if any, will be sufficient without reinvestment to pay the remaining payment
requirements on the Refunded Bonds as set forth in Exhibit B.
Any monies resulting from the sale, transfer, disposition or redemption of the Escrow Securities
held hereunder and the substitution therefor of other Escrow Securities, not necessary for the payment of
the principal or redemption price of and interest on the Refunded Bonds, shall be released from the Trust
Estate and transferred to the County for application to such lawful purposes as may be approved by the
County.
Section 2.05 Transfers from Escrow Fund to Pay Refunded Bonds. As the principal of the
Escrow Securities set forth in Exhibit A shall mature and be paid, and the investment income and earnings
thereon are paid, the Escrow Agent shall, no later than each interest payment date or redemption date for
the Refunded Bonds, as specified in Exhibit B, transfer from the Escrow Fund to, or on behalf of, the
Trustee amounts sufficient to pay the principal or redemption price of and interest on the Refunded Bonds
coming due, as specified in Exhibit B.
The County hereby irrevocably calls all of the Refunded Bonds for optional redemption on
October 1, 2019, at a redemption price equal to 100% of the principal amount of the Refunded Bonds to
be redeemed, plus accrued interest to the redemption date. The County hereby irrevocably directs the
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 6
Escrow Agent, in its capacity as Trustee for the Refunded Bonds, and the Escrow Agent, as such Trustee,
hereby agrees, to cause notices of redemption for such Refunded Bonds in substantially the form set forth
in Exhibit C attached hereto and made a part hereof to be mailed first class, postage prepaid, to all
registered owners of such Refunded Bonds to be redeemed not less than 30 days but not more than 60
days prior to the redemption date for such Refunded Bonds; provided, however, that any notice to The
Depository Trust Company ( "DTC") shall be sent by registered or certified mail or otherwise as required
by DTC. In addition, such notice shall be sent (a) to the Municipal Securities Rulemaking Board (the
"MSRB ") through the Electronic Municipal Market Access (EMMA) filing system and (b) to at least two
of the designated redemption information services (if then in existence) and to the North Carolina Local
Government Commission at least 35 days prior to the redemption date, all in the manner set forth in the
Order and the 2006 Series Resolution. The Escrow Agent shall promptly inform the County in writing of
the giving of such notice. The County shall provide such approvals or consents as may be required for the
Escrow Agent to file such notice with the MSRB through the EMMA filing system.
Section 2.06 Investment of Certain Money Remaining in Escrow Fund. Subject to the
provisions of Section 2.02, the Escrow Agent shall, at the direction of the Chief Financial Officer of the
County, from time to time invest and reinvest in Escrow Securities any money in the Escrow Fund not
then required to be transferred pursuant to Section 2.05. Such Escrow Securities shall mature not later
than the next date on which such amount will be required to pay the principal or redemption price of or
interest on the Refunded Bonds and shall bear interest at such interest rates, all as shall be specified by the
Chief Financial Officer of the County. Any Escrow Securities in which funds held hereunder are
reinvested must mature in an amount at least equal to their purchase price. Any such direction shall be
accompanied by a written certificate of the Chief Financial Officer of the County stating that the yield on
such Escrow Securities does not exceed the yield on the Series 2017 Bonds (which yield for arbitrage
purposes is %). Notwithstanding the provisions of Section 2.08, any investment earnings on
such Escrow Securities not necessary for the payment of the principal or redemption price of or interest
on the Refunded Bonds may, upon receipt by the Escrow Agent of a written request of the Chief Financial
Officer of the County, be released from the Trust Estate and transferred by the Escrow Agent to the
County.
Section 2.07 Security for Uninvested Monies in Escrow Fund. The Escrow Agent hereby
agrees that any monies held uninvested in the Escrow Fund shall be insured by the Federal Deposit
Insurance Corporation or, to the extent not so insured, shall be fully collateralized in the manner required
by Section 159 -31(b) of the General Statutes of North Carolina, as amended.
Section 2.08 Transfer of Funds After All Payments Required by this Agreement are Made.
After all of the transfers by the Escrow Agent to, or on behalf of, the Trustee for the Refunded Bonds for
payment of the redemption price of and interest on the Refunded Bonds have been made, all remaining
monies and securities, together with any income and interest thereon, in the Escrow Fund shall be
transferred by the Escrow Agent to the Corporation for application to such lawful purposes as may be
approved by the Corporation.
6
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 7
ARTICLE III
CONCERNING THE ESCROW AGENT
Section 3.01 Appointment of Escrow Agent. By execution of this Agreement, the Escrow
Agent hereby accepts the duties and obligations imposed upon it hereunder. The Escrow Agent further
represents that it has all requisite power and has taken all corporate actions necessary to execute this
Agreement and perform its duties hereunder.
Section 3.02 Liability of Escrow Agent. The Escrow Agent shall not be liable for the
accuracy of the calculations as to the sufficiency of monies and of the principal amount of the Escrow
Securities and the earnings thereon to pay the Refunded Bonds. So long as the Escrow Agent applies any
monies, Escrow Securities and the interest earnings thereon to pay the Refunded Bonds as provided
herein, and complies fully with the terms of this Agreement, the Escrow Agent shall not be liable for any
deficiencies in the amounts necessary to pay the Refunded Bonds caused by such calculations. The
Escrow Agent shall not be liable or responsible for any loss resulting from any investment made in
accordance with the provisions of this Agreement. The Escrow Agent may conclusively rely and shall be
fully protected in acting upon any written notice, request, waiver, consent, certificate, receipt,
authorization, power of attorney or other instrument or document which the Escrow Agent in good faith
believes to be genuine and to be what it purports to be.
The Escrow Agent shall have no lien, security interest or right of set -off whatsoever upon any of
the money or investments in the Escrow Fund for the payment of fees or expenses for services rendered
by the Escrow Agent under this Agreement.
Time shall be of the essence in the performance of the obligations from time to time imposed on
the Escrow Agent under this Agreement.
It is expressly understood and agreed that the Escrow Agent's duties and obligations in
connection with this Agreement are confined to those expressly set forth herein, and no additional
covenants or obligations shall be read into this Agreement against the Escrow Agent. The Escrow Agent
may consult with counsel with respect to any question relating to its duties or responsibilities hereunder
or otherwise in connection herewith and shall not be liable for any action taken, suffered or omitted by the
Escrow Agent in good faith upon the advice of such counsel. None of the provisions contained in this
Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise incur individual
financial liability in the performance of any of its duties or in the exercise of any of its rights under this
Agreement. The Escrow Agent may execute any of the rights and perform any of its duties under this
Agreement by or through its attorneys, agents or receivers; provided, however, that the Escrow Agent
shall not assign any such duties without the prior written consent of the County.
The Escrow Agent shall not be liable in connection with the performance of its duties hereunder,
except for its own negligence and willful misconduct. Furthermore, the Escrow Agent shall not have any
liability to any party in connection with any failure to timely file any notice with the MSRB through its
EMMA filing system, and the sole remedy available for such failure shall be an action by the holders of
the Refunded Bonds against the Escrow Agent in mandamus for specific performance or similar remedy
to compel performance. The Escrow Agent shall not be responsible or liable for any failure or delay in
the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by
circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire;
flood; hurricanes or other storms; wars; terrorism; similar military disturbances; sabotage; epidemic;
pandemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or
communications services; accidents; labor disputes; acts of civil or military authority or governmental
action; it being understood that the Escrow Agent shall use commercially reasonable efforts which are
7
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 8
consistent with accepted practices in the banking industry to resume performance as soon as reasonably
practicable under the circumstances.
Section 3.03 Monthly Statements. On or before the last day of each month, so long as the
Escrow Fund is maintained under this Agreement, the Escrow Agent shall deliver to the County, to the
attention of the Chief Financial Officer, a statement showing the Escrow Securities and the cash in the
Escrow Fund as of the last day of the month next preceding and the income to the credit of and
withdrawals of monies from the Escrow Fund since the last statement furnished pursuant to this Section.
Section 3.04 Reliance; Assignment. This Agreement is between the County and the Escrow
Agent only, and in connection therewith, the Escrow Agent is authorized by the County to rely upon the
representations of the County with respect to the adequacy of the calculations made by Fifth Third
Securities, Inc., and verified by , in connection with this Agreement, and the Escrow
Agent shall not be liable to any person in any manner for such reliance. The duty of the Escrow Agent
hereunder shall only be to the County and the Prior Bondholders. Neither the County nor the Escrow
Agent shall assign or attempt to assign or transfer its interest or obligations hereunder or any part hereof
except as expressly provided herein. Any such assignment or attempted assignment except as provided
hereunder shall be in direct conflict with this Agreement and without effect.
Section 3.05 Notices. Any notice, authorization, request or demand required or permitted to
be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by
registered or certified mail, postage prepaid, or electronic transmission addressed as follows:
To the County, if addressed to:
County of New Hanover
230 Governmental Center Drive, Suite 165
Wilmington, North Carolina 28401
Attention: Chief Financial Officer
To the Escrow Agent, if addressed to:
U.S. Bank National Association
GlobalCorporate Trust Services
5540 Centerview Drive, Suite 200
Raleigh, North Carolina 27607
Attention: Shawna L. Hale, VP (shawna.hale @usbank.com)
Any such addresses may be changed at any time upon written notice of such change sent by
registered or certified mail, postage prepaid, to the other party by the party effecting the change.
Section 3.06 Actions Due on Holidays. Whenever under the terms of this Agreement, the
performance date of any act to be done hereunder shall fall on a day which is not a legal banking day and
upon which the Escrow Agent is not open for business, the performance thereof on the next succeeding
business day of the Escrow Agent shall be deemed to be in full compliance with this Agreement.
Section 3.07 Fees of Escrow Agent. The Escrow Agent acknowledges receipt of good and
valuable consideration for all of its costs, charges, services and expenses as Escrow Agent for the services
rendered or to be rendered pursuant to this Agreement; provided, however, that (1) the County shall bear
all costs of publication and mailing of notices required by this Agreement (except for the notice required
by Section 3.08) and (2) the County agrees to indemnify, to the extent permitted by law, the Escrow
Agent and hold it harmless against any liability which it may incur while acting in good faith in its
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 9
capacity as Escrow Agent under this Agreement, including, but not limited to, any court costs and
reasonable attorneys' fees, costs and expenses. Such costs and fees and any other expenses related to
such indemnification of the Escrow Agent shall be paid by the County, but in no event shall such costs
and fees and any other expenses related to such indemnification give rise to any claim against the Escrow
Fund, the monies and Escrow Securities in which are solely for the benefit of the Prior Bondholders until
the payment in full of the Refunded Bonds. The provisions of this Section shall survive termination of
this Agreement and the resignation or removal of the Escrow Agent in accordance with Section 3.08 and
Section 3.09, respectively.
Section 3.08 Resignation of Escrow Agent. The Escrow Agent may resign and thereby
become discharged from the trusts hereby created by notice in writing given to the County and the Prior
Bondholders as their names appear on the registration books for the Refunded Bonds as of the fifteenth
(15th) day prior to the mailing of such notice, not less than sixty (60) days before such resignation shall
take effect. The Escrow Agent agrees to serve as Escrow Agent until a successor is appointed. Such
resignation shall take effect immediately, however, upon the appointment of a successor Escrow Agent
hereunder, if such successor Escrow Agent shall be appointed before the time limited by such notice and
shall then accept the trusts thereof. In the event of the resignation of the Escrow Agent prior to the
expiration of this Agreement, the Escrow Agent shall rebate to the County a ratable portion of any fee
theretofore paid by the County to the Escrow Agent for its services under this Agreement.
Section 3.09 Removal of Escrow Agent. The Escrow Agent or any successor Escrow Agent
may be removed at any time by an instrument or concurrent instruments in writing, executed by the
holders of a majority in aggregate principal amount of the Refunded Bonds then outstanding, such
instruments to be filed with the County and sent by registered or certified mail to all of the Prior
Bondholders not less than sixty (60) days before such removal is to take effect as stated in said instrument
or instruments. A photographic copy of any instrument filed with the County under the provisions of this
Section shall be delivered by the County to the Escrow Agent or any successor Escrow Agent.
The Escrow Agent or any successor Escrow Agent may also be removed at any time for any
breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance
with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Agent by
any court of competent jurisdiction upon the application of the County or the Prior Bondholders of not
less than twenty percent (20 %) in aggregate principal amount of the Refunded Bonds then outstanding.
Section 3.10 Appointment of Successor Escrow Agent. If at any time hereafter the Escrow
Agent or any successor Escrow Agent shall be removed, be dissolved or otherwise become incapable of
acting, or shall be taken over by any governmental official, agency, department or board, the position of
Escrow Agent shall thereupon become vacant. If the position of Escrow Agent shall become vacant for
any of the foregoing reasons or for any other reason, the County shall appoint a successor Escrow Agent
to fill such vacancy. The County shall cause notice of any such appointment made by it to be mailed by
registered or certified mail to each Prior Bondholder promptly upon such appointment being made.
At any time within one year after such appointment by the County, the holders of a majority in
aggregate principal amount of the Refunded Bonds then outstanding, by an instrument or concurrent
instruments in writing, executed and filed with the County, may appoint a successor Escrow Agent, which
shall supersede any Escrow Agent theretofore appointed by the County. A copy of each such instrument
shall be delivered promptly by the County to the predecessor Escrow Agent and to the Escrow Agent so
appointed by the Prior Bondholders.
If no appointment of a successor Escrow Agent shall be made pursuant to the foregoing
provisions of this Section within sixty (60) days of the occurrence of such vacancy, any Prior Bondholder
or any retiring Escrow Agent may apply to any court of competent jurisdiction to appoint a successor
9
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 10
Escrow Agent. Such court may thereupon, after such notice, if any, as such court may deem proper and
prescribe, appoint a successor Escrow Agent.
Any successor Escrow Agent hereafter appointed shall be (i) a bank or trust company which is
duly authorized to exercise corporate trust powers and subject to examination by federal or State
authority, (ii) of good standing and (iii) having a combined capital, surplus and undivided profits
aggregating not less than Fifty Million Dollars ($50,000,000).
Section 3.11 Permitted Acts. The Escrow Agent and its affiliates may become the owner of or
may deal in the Refunded Bonds as fully and with the same rights as if it were not the Escrow Agent.
10
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 11
ARTICLE IV
MISCELLANEOUS
Section 4.01 Amendments to this Agreement. This Agreement is made for the benefit of the
County and the Prior Bondholders and it shall not be repealed, revoked, altered or amended without the
written consent of all Prior Bondholders, the Escrow Agent and the County; provided, however, that the
County and the Escrow Agent may, without the consent of, or notice to, such Prior Bondholders, enter
into such agreements supplemental to this Agreement as shall not adversely affect the rights of such Prior
Bondholders and shall not materially be inconsistent with the terms and provisions of this Agreement, for
any one or more of the following purposes:
(a) to cure any ambiguity or formal defect or omission in this Agreement; and
(b) to grant to or confer upon the Escrow Agent for the benefit of the Prior
Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to
or conferred upon the Escrow Agent.
The Escrow Agent shall be entitled to conclusively rely upon the unqualified written opinion of a
nationally recognized counsel in the field of law relating to municipal bonds with respect to compliance
with this Section.
Section 4.02 Notice of Refunding. The County hereby directs the Escrow Agent, as Trustee
for the Refunded Bonds, and the Escrow Agent, as such Trustee, hereby agrees, to cause copies of the
notices in substantially the form set forth in Exhibit D attached hereto and made a part hereof to be sent
within ten (10) business days after the date of execution and delivery of this Agreement (a) by first -class
mail, postage prepaid, to the registered owners of each of such Refunded Bonds at their addresses
appearing on the registration books for such Refunded Bonds maintained by the Prior Trustee; provided,
however, that any such notice to DTC shall be sent by sent by electronic transmission or registered or
certified mail or otherwise as required by DTC and (b) to the MSRB through the EMMA filing system.
The County shall provide such approvals or consents as may be required for the Escrow Agent to file such
notice with the MSRB through the EMMA filing system.
Section 4.03 Severability. If any one or more of the covenants or agreements provided in this
Agreement on the part of the County or the Escrow Agent to be performed should be determined by a
court of competent jurisdiction to be contrary to law, such covenants or agreements shall be deemed and
construed to be severable from the remaining covenants and agreements herein contained and shall in no
way affect the validity of the remaining provisions of this Agreement.
Section 4.04 Agreement Binding. All the covenants, promises and agreements in this
Agreement contained by or on behalf of the County or by or on behalf of the Escrow Agent shall bind and
inure to the benefit of their respective successors and assigns, whether so expressed or not.
Section 4.05 Termination. This Agreement shall terminate when all transfers and payments
required to be made by the Escrow Agent under the provisions hereof shall have been made.
Section 4.06 Execution by Counterparts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and
be but one and the same instrument.
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 12
Section 4.07 Action by the County. Any action required to be taken by the County hereunder
shall for all purposes be duly taken if taken by the Chief Executive Officer or the Chief Financial Officer
of the County or their designees.
Section 4.08 E- Verify. The Escrow Agent understands that "E- Verify" is a federal program
operated by the United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired employees pursuant
to federal law in accordance with Section 64 -25(5) of the General Statutes of North Carolina, as amended.
The Escrow Agent uses E- Verify to verify the work authorization of its employees in accordance with
Section 64 -26(a) of the General Statutes of North Carolina, as amended. The Escrow Agent shall require
that any subcontractor that it uses in connection with the performance of its obligations under this
Agreement to certify to such subcontractor's compliance with E- Verify.
Section 4.09 Iran Divestment Act Certification. The Escrow Agent does hereby represent and
certify that, the Escrow Agent is not listed on a list created and maintained by the North Carolina
Department of State Treasurer pursuant to Section 147 -86.58 of the Iran Divestment Act of 2015, Article
6E, as amended, of Chapter 147 of the General Statutes of North Carolina. The Escrow Agent shall not
utilize any subcontractor that is listed on any such list in connection with the transactions contemplated by
this Agreement.
Section 4.10 Governing Law. This Agreement shall be governed by the laws of the State of
North Carolina without regard to conflict of law principles.
[signatures to follow]
12
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 13
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed by its
duly authorized officers as of the date first above written.
COUNTY OF NEW HANOVER, NORTH CAROLINA
Chief Financial Officer
U.S. BANK NATIONAL ASSOCIATION,
as Escrow Agent
Vice President
13
PPAB 3649000v2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 14
TYPE
MATURITY DATE
EXHIBIT A
ESCROW SECURITIES
FIRST INTEREST
PAYMENT DATE PAR AMOUNT INTEREST RATE
PPAB 3649000v2 A -1
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 15
EXHIBIT B
PAYMENTS ON REFUNDED BONDS
REDEMPTION
PAYMENT DATE PRINCIPAL PRICE INTEREST TOTAL
October 1, 2017
April 1, 2018
October 1, 2018
April 1, 2019
October 1, 2019
PPAB 3649000v2 B -1
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 16
EXHIBIT C
NOTICE OF REDEMPTION
County of New Hanover, North Carolina
Variable Rate Hospital Revenue Bonds
(New Hanover Regional Medical Center Project), Series 2006B
Dated September 13, 2006
NOTICE is hereby given, to the holders or registered owners of the following County of New
Hanover, North Carolina, Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical
Center Project), Series 2006B, dated September 13, 2006 (the "Refunded Bonds ") will be redeemed on
October 1, 2019 (the "Redemption Date "):
MATURITY
PRINCIPAL
INTEREST
(OCTOBER 1)
AMOUNT
RATE CUSIP
2027
$26,440,000
5.00%
2031
33,560,000
5.125
The Refunded Bonds will be redeemed at a redemption price equal to 100% of the principal
amount thereof to be redeemed, plus accrued interest to the redemption date. Payment of the redemption
price for each of the Refunded Bonds will be made by wire transfer on the Redemption Date to The
Depository Trust Company for the Refunded Bonds registered in the name of Cede & Co. in accordance
with the rules and procedures of The Depository Trust Company.
The registered owners of the Refunded Bonds are required to present the same at the designated
corporate trust office of U.S. Bank National Association (the "Trustee "), for payment of the redemption
price. The addresses of the Trustee are as follows:
If by Mail: (REGISTERED and /or
BEARER BONDS)
U.S. Bank
Corporate Trust Services
P.O. Box 64111
St. Paul, MN 55164 -0111
If by Hand or Overnight Mail
U.S. Bank
Corporate Trust Services
111 Filmore Ave E
St. Paul, MN 55107
From and after redemption date, interest shall cease to accrue on the Refunded Bonds, and the
registered owners of such Refunded Bonds shall have no rights in respect thereof except to receive
payment of the redemption price of and accrued interest thereon to the redemption date upon presentation
of such Refunded Bonds.
Under the provisions of the Internal Revenue Code of 1986, as amended, a paying agent making
payments of principal on municipal securities may be obligated to withhold a tax from remittance to
individuals who have failed to furnish such paying agent with a valid Taxpayer Identification Number.
Holders or registered owners of the above - described Bonds to be redeemed who wish to avoid the
imposition of this tax should submit certified Taxpayer Identification Numbers when presenting their
Refunded Bonds for collection.
PPAB 3649000v2 C -1
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 17
Dated this day of , 2019.
U.S. BANK NATIONAL ASSOCIATION, as Trustee
NOTE: CUSIP numbers appearing herein have been included solely for the convenience of bondholders.
The Trustee shall not be responsible for the selection or use of any such CUSIP number, nor is any
representation made as to the correctness of any such number on the Refunded Bonds or as indicated
herein.
PPAB 3649000v2 C -2
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 18
EXHIBIT D
Notice to Holders of the
County of New Hanover, North Carolina
Variable Rate Hospital Revenue Bonds
(New Hanover Regional Medical Center Project), Series 2006E
Dated September 13, 2006
Notice is hereby given that the County of New Hanover, North Carolina (the "County "), on June
2017, deposited with U.S. Bank National Association, as escrow agent (the "Escrow Agent'), cash
and direct obligations of the United States of America or obligations the timely payment of principal of
and interest on which is unconditionally guaranteed by the United States of America, the maturing
principal of and interest on which will provide sufficient monies, to pay when due the principal or
redemption price of and interest on the following County of New Hanover, North Carolina, Variable Rate
Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2006B, dated
September 13, 2006 (the "Refunded Bonds "):
MATURITY
PRINCIPAL
INTEREST
(OCTOBER 1)
AMOUNT
RATE CUSIP
2027
$26,440,000
5.00%
2031
33,560,000
5.125
The County has irrevocably called the Refunded Bonds for redemption on October 1, 2019 at a
redemption price equal to 100% of the principal amount thereof to be redeemed, plus accrued interest to
the redemption date, and has given irrevocable instructions to the Escrow Agent to cause a notice of such
redemption to be sent to all registered owners of the Refunded Bonds not more than 60 nor less than 30
days prior to the redemption date.
COUNTY OF NEW HANOVER, NORTH CAROLINA
By: U.S. Bank National Association, as Trustee
PPAB 3649000v2 D -1
Board of Commissioners - May 1, 2017
ITEM: 12- 4 - 19
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: May 1, 2017
REGULAR
DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner
CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning
Manager; and Chris O'Keefe, Planning & Land Use Director (Planning Board Rep: Dave Weaver)
SUBJECT:
Public Hearing on Special Use Permit Request (S17 -02) — Request by Design Solutions on Behalf of the
Property Owner, Yosef, Inc., for a Special Use Permit in Order to Develop a Convenience Food Store
on 1.78 Acres of Land Located at the 7900 Block of Market Street
BRIEF SUMMARY:
Design Solutions, applicant, on behalf of Yosef, Inc. is requesting a Special Use Permit in order to develop a
convenience food store on 1.78 acres of land located at the 7900 block of Market Street. The property is in an
area of Market Street that is zoned for commercial and office purposes. Just north of the property is the
Liberty Baptist Church. To the east, across Market Street, are general commercial uses, including the
development of an Aldi grocery store. The Amberleigh Shores Apartments are also located across Market
Street and have been annexed into the City of Wilmington. To the west of the property is single - family
residential housing.
Access is provided to the subject property by Bump Along Road, a private road, from Market Street (BUS
17), and Raintree Road (SR 2146). The proposed development will consist of a 4,500 square foot
convenience store, 16 fueling stations, and a car wash.
This proposal will generate 189 trips in the AM peak, and 222 in the PM peak, and therefore a TIA was
completed for the application. The TIA and approval letter can be found online at our Development Activity
Page:
http://planningdevelopment.nhcgov.com/development-activity/
The TIA approval includes the following improvements: Installation of a southbound right -turn lane from
Bump Along Road to Mendenhall Drive.
• Installation of an exclusive southbound U -turn lane on Market Street (approx. 800 feet south from
Alexander Road).
• Installation of a traffic signal for the U -turn movement.
The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. The
proposed development is consistent with the place type as it will provide an appropriate commercial service
to nearby residents.
The Planning Board considered this application at their April 6, 2017 meeting. One resident spoke in
opposition to the application, citing concerns over crime, stormwater management, and environmental
protection. In addition, the Planning Board discussed concerns regarding the location of the proposed
development and a vehicular connection to Raintree Road.
The Planning Board recommended approval (5 -2) of the application with the following conditions:
Board of Commissioners - May 1, 2017
ITEM: 13
• The improvements required as part of the approved Traffic Impact Analysis must be completed prior
to issuance of a Certificate of Occupancy.
• A two -way vehicular connection must be made to Raintree Road and extend to Bump Along Road.
This vehicular travelway must comply with the County's construction standards for private roads and
must be included within a 30 -foot access easement that is dedicated for public use.
• The portion of Bump Along Road adjoining the subject property must be able to be used for public
use for the convenience food store.
• A 20 -foot wide easement shall be dedicated to the County along Market Street for the purpose of
installing a future multi -use path or sidewalk in accordance with the Wilmington/NHC
Comprehensive Greenway Plan.
• The development must include bicycle parking facilities consisting of at a minimum four bicycle
parking spaces.
• Solid fencing and evergreen landscaping shall be installed within the buffer strips along residential
areas.
Since the Planning Board Meeting, the applicant updated the site plan to include a two -way
connection to Raintree Road. In addition, during the TIA review, NCDOT noted that a fee may be
required in lieu of the installation of required improvements on Market Street due to the upcoming
median project (U- 4902). NCDOT would then use the fee to install the required improvements with
the median project. Staff has modified conditions to reflect these updates.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff has conducted an analysis of the proposed use and the information provided as part of the application
package, in addition to supplemental information provided by the applicant, and has created preliminary
findings of fact that support each of the conclusions required to be reached to approve the special use permit
request. These preliminary findings of fact and conclusions are based solely on the information provided to
date, prior to any information or testimony in support or opposition to the request that may be presented at
the upcoming public hearing.
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required
conclusions based on the findings of fact included in the Staff Summary, and with the conditions as
recommended by staff.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
Board of Commissioners - May 1, 2017
ITEM: 13
ATTACHMENTS:
S 17 -02 Script for BOC
S17 -02 Staff Summary BOC
S 17 -02 TIA Approval
S 17 -02 Neighboring Properties Map
S 17 -02 Zoning Map
S 17 -02 Future Land Use Map
Applicant Materials Cover Sheet
S17-02 Application
Proposed Site Plan Cover Sheet
S17-02 Proposed Site Plan
Opposition Materials Cover Page
Opposition Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval with the conditions recommended by staff unless greater weight of the competent and
material evidence presented during the public hearing suggests that one or more of the required conclusions
cannot be met.
COMMISSIONERS' ACTIONS:
Denied 4 -1, Commissioner Barfield dissenting.
Board of Commissioners - May 1, 2017
ITEM: 13
SCRIPT for SPECIAL USE PERMIT Application (S17 -02)
Request by Design Solutions on behalf of the property owner, Yosef, Inc., for a Special Use Permit in
order to develop a convenience food store on 1.78 acres of land located at the 7900 block of Market
Street.
1. Swear witnesses: Announce that "the special use permit process requires a quasi - judicial hearing; therefore,
any person wishing to testify must be sworn in. All persons who signed in to speak or who want to present
testimony please step forward to be sworn in. Thank you."
2. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents
will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
3. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant' s presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
4. Close the Public Hearing
5. Board discussion
b. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the
facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you
may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether
to recommend approval or denial of the application. What do you wish to do?
7. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
8. Vote on the special use permit application.
13 Motion to approve the permit - All findings are positive.
Motion to approve the permit, subject to conditions specified below:
(State Conditions)
13 Motion to deny the permit because the Board cannot find:
a. That the use will not materially endanger the public health or safety if located where
proposed for the following reason:
F1b. That the use meets all required condition and specifications:
c. That the use will not substantially inure the value of adjoining or abutting property, or that
the use is a public necessity:
d. That the location and character of the use if developed according to the plan submitted and
approved will be in harmony with the area in which it is located and is in general conformity
with the plan of development for New Hanover County:
Example Motion for Approval:
Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required
conclusions based on the findings of fact included in the Staff Summary, and with the conditions as
recommended by staff.
Example Motion for Denial:
Motion to deny, as the Board cannot find that this proposal:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development
for New Hanover County.
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
STAFF SUMMARY FOR S17 -02
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: 517 -02
Request:
SUP application in order to develop a convenience food store.
Applicant:
Property Owner(s):
Cindee Wolf of Design Solutions
Yosef, Inc.
Location:
Acreage:
7900 block of Market Street
1.78 acres
PID(s):
Comp Plan Place Type:
R03600- 003 - 042 -005
Community Mixed Use
Existing Land Use:
Proposed Land Use:
Undeveloped
Convenience food store (with gas sales)
Current Zoning:
O &1
Zoning„
4e 0&1
hG f a
I S 17 -02
PA TONE
E. M�
s° City of Wiimington o
SURROUNDING AREA
LAND USE
ZONING
North
Liberty Baptist Church, The East Carolina Bank
0&1
East
General Commercial Uses (Retail, Office)
B -2
South
Amberleigh Shores Apartments
MF -M (City of
Wilmington)
West
Single - Family Residential (Brickstone Estates)
R -15
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 1
Page 1 of 9
ZONING HISTORY
Water /Sewer
July 6, 1971
Initially zoned R -15 (Area 5)
February 21,
Rezoned to 0&1 (Z -909)
2011
Schools
COMMUNITY SERVICES
Water /Sewer
The development will connect to CFPUA water and sewer services.
Fire Protection
New Hanover County Fire Services, New Hanover County Northern Fire
Archaeological
District, New Hanover County Station Ogden
Schools
Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High
schools
Recreation
Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
No known conservation resources
Historic
No known historic resources
Archaeological
No known archaeological resources
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 2
Page 2 of 9
PROPOSED SITE PLAN
1'\
Ile
� r /
�e spe °'al use Bu y Quick Convenience Center
TRANSPORTATION
• Access is provided to the subject property by Bump Along Road, a private road, from
Market Street (BUS 17), and Raintree Road (SR 2146). The site plan currently limits the
access from Raintree Road to an entrance only. As shown, all traffic must exit on Bump
Along Road /Market Street. The development will also install a sidewalk to Raintree Road.
• The NC State Transportation Improvement Program includes a project (U- 4902D) that will
install a median and pedestrian improvements along the adjacent portion of Market Street.
This project will require right -of -way dedication from the subject property and construction
is expected to begin in late 2018.
• The NHC/City of Wilmington Greenway Plan recommends that a greenway be installed
along Market Street.
• A Traffic Impact Analysis (TIA) for the project has been completed and approved by the
MPO and NCDOT. Below is information taken from the analysis. The TIA and approval
letter can be found online at the County's Development Activity Page:
http:/ /planningdevelopment.nhcgov.com /development- activity
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 3
Page 3 of 9
Trip Generation
LAND USE
INTENSITY
AM PEAK
PM PEAK
Gas Station with Convenience Mart
16 Vehicle Fueling Positions
189
222
and Car Wash (946)
• The proposed development will generate 2,445 trips during the course of a 24 -hour
period.
• The TIA expects that 5% of the trips generated by the proposed development will utilize
Raintree Road for access. This equates to 9 trips in the AM peak, 11 trips in the PM peak,
and 122 trips over the course of a 24 -hour period.
Level of Service
• The Level of Service summary includes two alternatives for the proposed development.
Alternative 1 (Table A) includes a two -way connection to Raintree Road. Alternative 2
(Table B) illustrates the proposed development without the access to Raintree Road.
Alternative 1 includes a connection to Raintree Road.
S17 -02 Staff Summary Page 4 of 9
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 4
Alternative 2 does not include a connection to Raintree Road.
Required Improvements
The TIA approval includes the following improvements for the studied intersections:
• Market Street at Bump Along Road
o Installation of a dedicated southbound right -turn lane from Bump Along Road to
Mendenhall Drive.
• Market Street at the southbound to northbound U -turn (approx. 800 feet south from
Alexander Road) — constructed with U -4902.
• Installation of an exclusive southbound U -turn lane on Market Street with 300 feet of
storage and appropriate taper.
• Installation of a traffic signal for the U -turn Movement.
• Raintree Road and Site Access 3
o Installation of a two -way, two lane road connection to Raintree Road.
ENVIRONMENTAL
• The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
• The property does contain wetlands regulated by the US Army Corps of Engineers.
Consisting of less than 0.5 acres, these wetlands are proposed to be filled in accordance
with the US Army Corps of Engineers standards.
S17 -02 Staff Summary Page 5 of 9
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 5
• The wetlands have the characteristics of swamp forest under the Conservation Overlay
District, however it is not of a sufficient size for conservation space to be required.
• The property is within the Pages Creek (SA;HQW) watershed.
• Soils on the property consist of Murville Fine Sand, Kureb Sand, and Johnston soils.
• The development is subject to state and county stomwater regulations.
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County's future land use, as designated by place types describing the character and
function of the different types of development that make up the community. Specific goals of the
comprehensive plan are designated to be promoted in each place type, and other goals may be
relevant for particular properties.
Place Type
°+ W 7
G� tic
S17-0 COMMUNITY MIXED U5E
oyks
City of Wilmington '4
Future Land Use
Map Place Type
Community Mixed Use
Focuses on small - scale, compact, mixed use development patterns that serve
Place Type
all modes of travel and act as an attractor for county residents and visitors.
Description
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi - family and single - family residential.
A convenience store with fueling station is an appropriate use for this place
type, especially given its location along Market St. Its provision of sidewalk
Consistency
access for nearby residents supports the multi -modal goals of this place
Analysis
type. Also, the connection to Raintree Road is consistent with and supportive
of the policies of the plan and will help reduce emergency response time
and traffic on Market Street, while also providing integration into the
neighboring community.
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 6
Page 6 of 9
COMMUNITY MEETING NOTES
• A community meeting was held on Tuesday, August 30, 2016.
• The applicant has provided a summary of the meeting in the application.
• Modifications were made to the proposed site plan presented during the meeting. These
changes included reducing the scope of the proposal.
PLANNING BOARD ACTION
The Planning Board considered this application at their April 6, 2017 meeting. One resident spoke
in opposition to the application, citing concerns over crime, stormwater management, and
environmental protection. In addition, the Planning Board discussed concerns regarding the location
of the proposed development and conditioning a vehicular connection to Raintree Road.
The Planning Board recommended approval (5 -2) of the application with the following conditions:
A. The improvements required as part of the approved Traffic Impact Analysis must be
completed prior to issuance of a Certificate of Occupancy.
B. A two -way vehicular connection must be made to Raintree Road and extend to Bump Along
Road. This vehicular travelway must comply with the County's construction standards for
private roads and must be included within a 30 foot access easement that is dedicated for
public use.
C. The portion of Bump Along Road adjoining the subject property must be able to be used
for public use for the convenience food store.
D. A 20 foot wide easement shall be dedicated to the County along Market Street for the
purposes of installing a future multi -use path or sidewalk in accordance with the
Wilmington/NHC Comprehensive Greenway Plan.
E. The development must include bicycle parking facilities consisting of at minimum four bicycle
parking spaces.
F. Solid fencing and evergreen landscaping shall be installed within the buffer strips along
residential areas.
Since the Planning Board meeting, the applicant updated the site plan to include a two -way
connection to Raintree Road. In addition, during the TIA review, NCDOT noted that a fee may be
required in lieu of the development installing the required improvements on Market Street due to
the upcoming median project (U- 4902). NCDOT would then use the fee to install the required
improvements with the median project. Staff has modified the suggested conditions to reflect these
updates.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing.
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 7
Page 7 of 9
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and wastewater services must be provided and designed to comply with the Cape
Fear Public Utilities Authority standards.
B. The subject property is located in the New Hanover County North Fire Service District.
C. The main access to the site will be provided by Market Street, an arterial street.
D. A Traffic Impact Analysis was completed for the proposed development. The TIA found that
with the recommended improvements, the area's street network will operate from an "A" to
"D" Level of Service.
E. The subject site does not host any known conservation, cultural, historic, or archaeological
resources.
F. Any disturbance to the wetlands on the subject site must comply with the standards and
regulations of the US Army Corps of Engineers.
G. The proposed development must comply with the stomwater standards and regulations of
the county and state, including controlling additional runoff generated by the development
up to a 25 -year storm event.
H. The development will provide interconnectivity to the surrounding area which will reduce
emergency response time and traffic on Market Street.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Convenience Food Stores are allowed by Special Use Permit in the 0&1 zoning district.
B. The site design complies with the standards of the Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The location of the proposed development is classified as Community Mixed Use in the 2016
Comprehensive Plan.
B. The surrounding land uses include residential, institutional, and commercial uses.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 8
Page 8 of 9
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as
Community Mixed Use, and the proposed use aligns with the intent of the Community Mixed
Use land use classification.
B. Guideline III.A.2 of the Comprehensive Plan promotes connectivity between transportation
modes within new developments.
C. Guideline III.A.4 of the Comprehensive Plan promotes connections to existing streets that
improve accessibility and safety to development sites.
D. Guideline IV.B.3 of the Comprehensive Plan promotes street connectivity and discourages
cul -de -sacs and gated communities that impede connectivity and emergency response.
E. Guideline I.C.2 of the Comprehensive Plan promotes strategies for encouraging light
intensity nonresidential uses within existing residential areas to provide community level
service.
F. Strategy XXI.A of the Comprehensive Plan promotes minimizing vehicle miles traveled.
G. With the connection to Raintree Road, the proposal supports the above goals, guidelines,
and strategies of the Comprehensive Plan.
H. Goal VIII of the Comprehensive Plan encourages multi -modal transportation where
individuals can safety walk and bike.
I. The proposed development will provide for alternative forms of transportation consistent
with the Wilmington /NHC Comprehensive Greenway Plan.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity
with the plan of development for New Hanover County.
Staff Suggested Conditions
The following conditions have been updated since the Planning Board meeting to reflect updates
made to the site plan.
1. The improvements required as part of the approved Traffic Impact Analysis must be
completed in accordance with NCDOT's standards prior to issuance of a Certificate of
Occupancy.
2. The two -way vehicular connection to Raintree Road, extending to Bump Along Road, must
be included within a 30 foot wide access easement that is dedicated for public use.
3. The portion of Bump Along Road adjoining the subject property must be dedicated for
public use, either by dedicating an easement or right -of -way.
4. A 20 foot wide easement shall be dedicated to the County along Market Street for the
purposes of installing a future multi -use path or sidewalk in accordance with the
Wilmington /NHC Comprehensive Greenway Plan.
5. The development must include bicycle parking facilities consisting of at minimum four bicycle
parking spaces.
6. Solid fencing and evergreen landscaping shall be installed within the buffer strips along
residential areas.
S17 -02 Staff Summary
Board of Commissioners - May 1, 2017
ITEM: 13- 2 - 9
Page 9 of 9
PO
April 11, 2017
Mr. Dan Cumbo, PE
Davenport Transportation Consulting
P.O. Box 15997
Wilmington, NC 28408
RE: Approval of the Traffic Impact Analysis (TIA) associated with the proposed
Buy Quick Development
New Hanover County, NC
305 Chestnut Street
PO Box 1810
Wilmington, NC 28402
Ph: (910) 341-3258
Fax: (910) 341 -7801
www.wnipo.org
The WMPO, NCDOT, and New Hanover County staffs have reviewed the Buy Quick Development
Revised TIA dated February 17, 2017. This Development consists of:
■ 16 VFP - Gas Station with Convenience Mart and Car Wash
■ 8,000 sf of office
We concur with the recommendations of the TIA as stated below with modifications in red:
US 17 Business (Market Street) and SR 2734 (Marsh Oaks Drive) /SR 2290 (Mendenhall Drivel
(existing signal)
• Current U -4902 C/D Plans
o Extension of the existing northbound left -turn lane to 500 feet of storage
Improvements by Amberteigh Shores Phase II TIA
• Provide 400 ft southbound left -turn lane with appropriate deceleration and taper
Lengths
• Modify the signal for traffic exiting Marsh Oaks Drive to require the right -turn
yield to the U -turn
Improvements by Buy Quick TIA
o No improvements recommended
US 17 Business (Market Street) and Bump Along Road (existing full movement; RI /RO with U-
4902 C /Dl
• Construct a dedicated southbound right -turn lane from Bump Along Road to Mendenhall
Drive. This turn lane will tie into the U -turn bumpout being provided by U -4902D
Wilmington Urban Area Metropolitan Planning Organization
City of Wilmington • Town of13t�1 fif �riir�ii�giPSli sK-' I� f jcF201T -pwn of Wrightsville Beach
County of New Hanover • Town of Belville • To"r-Lf Lglgnd e Town of Navassa • County of Brunswick
County of Pender • Cape Fear Public Transportation Authority • North Carolina Department of Transportation
US 17 Business (Market Street) and the southbound to northbound U -turn (approx. 800 feet
south from Alexander Road) - constructed with U -4902
Current U4902 CID plans
o Provide an exclusive southbound U -turn lane on Market Street with 300 feet of
storage and appropriate taper
• Improvements by Buy Quick TIA
o Install a traffic signal for the U -turn movement
Bump Along Road and Site Access 1 (full movementl
• Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner
clearance of 100 ft from Market Street
Bump Along Road and Site Access 2 (full movement)
• No improvements are recommended
SR 2146 (Raintree Roadl and Site Access 3 (full movement)
• Provide interconnectivity of the development site to Raintree Road by providing a two -
way, two lane road connection matching the pavement width and typical section at the
property line
If changes are made to the proposed site driveways and/or use, the current trip distribution may
need to be modified and would require a revised Traffic Impact Analysis to be submitted for
review by the NCDOT, WMPO, and New Hanover County. This approval would become null and
void.
The applicant is required to obtain all applicable New Hanover County and NCDOT permits for
access to the road network. All applicable NCDOT and New Hanover County technical standards
and policies shall apply.
Please contact me at 910- 473 -5130 with any questions regarding this approval.
Sincerely,
av,
Amy Kimes, PE
Project Manager
Wilmington Metropolitan Planning Organization
Cc: Ben Hughes, PE, District Engineer, NCDOT
Matthew T. Carlisle, PE, Deputy District Engineer, NCDOT
Kirsten Spirakis, PE, Development Review Engineer, NCDOT
Jessi Leonard, PE, Division Traffic Engineer, NCDOT
Stoney Mathis, PE, Deputy Division Traffic Engineer, NCDOT
Board of Co � May 1, 2017
I M: 3- - 2
Sam Burgess, Senior Planner, New Hanover County
Brad Schuler, Planner, New Hanover County
Don Bennett, City Traffic Engineer, City of Wilmington
Denys Vielkanowitz, PE, Signal Systems Management Engineer, City of Wilmington
Bill McDow, Transportation Planner, WMPO
Mike Kozlosky, Executive Director, WMPO
Board of Co VI Say 1, 2017
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ITEM: 13- 6 - 1
APPLICANT
MATERIALS
Board of Commissioners - May 1, 2017
ITEM: 13- 7 - 1
NEW HANOVER COUNTY 230 Government Center Drive Suite 110
PLANNING & INSPECTIONS Wilmington, NC 28403
910 - 798 -7165 phone
910- 798 -7053 fax
Application for www.nhcgov.com
SPECIAL USE PERMIT
Petitioner Information
Property Owner(s)
Subject Property
If different than Petitioner
Name
Owner Name
Address
Cindee Wolf
YOSEF, Inc.
7957 Market Street
Company
Owner Name 2
Parcel ID(s)
Design Solutions
316905.18.8602
Address
Address
Area
PO Box 7221
3811 Cottonwood Drive
1.783 acres+/ -
City, State, Zip
City, State, Zip
Existing Zoning and Use
Wilmington, NC 28406
Durham, NC 27705
0&1 / Vacant
Phone
Phone
Proposed Use
910 - 620 -2374
919- 599 -0301 / Khalid Saleh
Convenience Store
Email
Email
Land Classification
cwolf @lobodemar.biz
ksaleh3350 @aol.com
Urban Mixed -Use
Information Application Tracking
Only)
Case Number
Date /Time eceived:
Received by:
-!n - oz
� zo17
_9s
APPLICATION OVERVIEW
In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly
encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested
to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission, and
advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance
pertain specifically to Special Use Permits:
• Section 70: Objectives and Purposes of Special Use Permits
• Section 71: General Requirements of Special Use Permits
• Section 72: Additional Restrictions Imposed on Certain Special Uses
• Section 111: Petitions
Applications for Special Use Permits (with the exception of single family dwellings on individual lots)
must first be considered by the New Hanover County Planning Board at a public hearing. The Planning
Board will make a recommendation to the County Commissioners which will take final action on the
permit application in a quasi - judicial public hearing. Attendance at all public hearings is required. The
public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the
request. Unless otherwise published or announced, Planning Board meetings are held on the first
Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County
Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and
application deadlines are published on the New Hanover County Planning website.
Board of Corpipgr $- May 1, 2017
NNff 3- 04/14
APPLICATION REQUIREMENTS
In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly
encouraged to attend a pre - application conference prior to application submittal. Applications must be
reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be
submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which
the application is to be considered. Once accepted, the Planning Board will consider the application at the
assigned meeting unless the applicant requests a continuance.
Applications for single - family dwellings, including mobile homes, on individual lots do not require
Planning Board review and must be submitted to Planning Staff twenty (20) working days before the
Commissioners meeting. For High Density Residential projects, a High Density Residential application
and High Density Checklist must also accompany this application. The New Hanover County Technical
Review Committee (TRC) must also review a High Density Residential project prior to submitting this
application.
For all proposals, in addition to this application, the following supplemental information and materials are
required:
Required Information
Applicant
Staff
Initial
Initial
Narrative of Proposed Use
r%nc__
Traffic Impact Worksheet
rIA1
N A- TO
Traffic Impact Analysis (if applicable)
%ni__
Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners)
• Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, structures and other improvements. For residential
uses, this shall include number, height and type of units and area to be
occupied by each structure and /or subdivided boundaries. For non-
residential uses, this shall include approximate square footage and height of
each structure, an outline of the area it will occupy and the specific purpose
for which it will be used.
• Development schedule including proposed phasing.
• Traffic and Parking Plan to include a statement of impact concerning local
traffic near the tract, proposed right -of -way dedication, plans for access to
and from the tract, location, width and right -of -way for internal streets and
location, arrangement and access provision for parking areas.
• All existing and proposed easements, reservations, required setbacks,
rights -of -way, buffering and signage
• The one hundred (100) year floodplain line, if applicable
• Location and sizing of trees required to be protected under Section 62 of
the Zoning Ordinance
• Any additional conditions and requirements, which represent greater
restrictions on development and use of the tract than the corresponding
General Use District regulations or other limitations on land which may be
regulated by State law or Local Ordinance.
• Any other information that will facilitate review of the proposed change
Ref. Article VII, as applicable)
Authority for Appointment of Agent Form if applicable)
nn�
Fee - $500; $250 if application pertains to a residential use (i.e. mobile home,
duplex family child care home)
Board of Co
I rr - May 1, 201W7
8 -2
04/14
CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT
(As Outlined in Section 71 of the New Hanover County Zoning Ordinance)
The applicant should explain, with reference to attached plans (where applicable), how the proposed use
satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof
and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning
Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to
assure that the proposed Special Use Permit meets the following requirements:
1. The Board must find "that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved."
e project fronts Market Street, a major thoroughfare, but will be accessed from Bum Along road. A traffic impact analysis has
en completed and recommended improvements will be conditions of any approval. The currently sub - standard road will be
proved for two -way traffic width and a right turn lane added on its Market Street approach. the project is in the Ogden fire
'vices district. The project will be serviced by public water & sewer utilities.
2. The Board must find "that the use meets all required conditions and specifications" of the Zoning
Ordinance.
conceptual site plan has prepared in accordance with the SUP criteria. Detailed design and permitting for construction
ithorization will assure full compliance with all zoning ordinance requirements, technical standards and any pertinent State &
,deral regulations.
3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or
inat ine use is a t)uniic necessi
There has been no evidence that other similar projects located along busy traffic thoroughfares have had an adverse effect on
the values of properties in neighbors beyond the commercial corridor if mitigating efforts have been incorporated into the
design and approval. The plan does not propose connection to Raintree Road, so that traffic from the project could not impact
the neighborhood streets. Buffer plantings will be installed along the residential boundary. Streetyard, interior parking area and
Foundation plantings will add to the visual appeal of the project.
4. The Board must find "that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
contormity with the plan of development for New Hanover County."
e project is in the "community mixed -use" land classification, intended for more intensive urban development. Policy 4.1
ggests designating sufficient land area and suitable locations for various uses, and 4.3 suggests maximizing effectiveness of
mmercial uses by assuring that land is available within close proximity to the markets they serve. We believe that this
oposal is relevant to the policies and our County's strategies for growth and economic development which continue to
courage efforts to attract and retain businesses. It is reasonable and in the public interest because it will provide a service that
II minimize vehicle trips and miles traveled.
Board of ComT !p( i- ]p4 May 1, 2017
ITT P13- 8 - 3 04 14
Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits.
Please supplement your application with all necessary material to meet any additional requirements if your use
is any of the following:
• Cemetery
• Convenience Food Store
• Hospital or Nursing and Personal Care Facilities
• Private Club or Lodge and Fraternal and Social
Organizations
• Sanitary Landfill
• Travel Trailer Park
• Family Child Care Home
• Kennel
• Mobile Home
• Non - Residential Off-Street Parking
• Commercial Manna
• Septage and Sludge Disposal
• Outdoor Shooting Ranges
• Adult Entertainment Establishment
• Indoor /Outdoor Recreation Establishments
• Community Boating Facility
• Residential Uses within Commercial Districts
• Bed and Breakfast Inn
• Electronic Gaming Operation
• Farmers Market or Produce Stands in
Residential Zoning Districts
• Mining
• High Density Development
• Senior Living Options
If an applicant requests delay of consideration from the Planning Board or Board of County
Commissioners before notice has been sent to the newspaper, the item will be calendared for the next
meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper,
the Board will act on the request at the scheduled meeting and are under no obligation to grant the
continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as
published on the New Hanover County Planning website will be required.
In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed
location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other
adopted plans that are applicable. All conditions become part of the special use permit and run with
the land. A Special Use Permit shall become null and void if construction or occupancy of the
proposed use as specified and approved is not commenced within 24 months of the date of issuance.
By my signature below, I certify that this application is complete and that all of the information
presented in this application is accurate to the best of my knowledge, information, and belief.
Cindee Wolf / Design Solutions
Signature of Petitioner and/or Property Owner Print Name
Board of Commissioners - May 1, 2017
1 t EM' �V81 -4
ok�r�.
NEW HANOVER COUNTY
PLANNING & INSPECTIONS
A UTHORITY F'OR
APPOINTMENT OF AGENT
Print Form
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910 - 798 -7165 phone
910- 798 -7053 fax
www.nhcgov.com
Please note that for quasi- judicial proceedings, either the land owner or an attorney must be present for the case
at the public hearing.
The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent
for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or
an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby
authorized to, on behalf of the property owner:
I . Submit a proper petition and the required supplemental information and materials
2. Appeal at public meetings to give representation and commitments on behalf of the property owner
3. Act on the property owner's behalf without limitations with regard to any and all things directly or
indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning
Ordinance.
.agent Information
Property Owner(s)
Subject Property
Name
Owner Name
Address
Cindee Wolf
Yosef, Inc.
7957 Market Street
Company
Owner Name 2
City, State, Zip
Design Solutions
Khalid Saleh - President
Wilmington, NC
Address
Address
Parcel ID
P.O. Box 7221
3811 Cottonwood Drive
316905.18.8602
City, State, Zip
City, State, Zip
Wilmington, NC 28406
Durham, NC 27705
Phone
Phone
910- 620 -2374
919 -599 -0301
Email
Email
cwolf @lobodemar.biz
ksaleh3350@aol.com
Appiication,rracking Informalifin
(Staff Only)
Case Number Reference:
Datefl'imc recei�cd:
Received by:
13th FEBRUARY
This document was willfully executed on the day of
120
17
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Signature 4 AAA <-4k� - Owner 2 ature
yrt.S, "V
Board of Commissioners - May 1, 2017 04/14
ITEM: 13- 8 - 5
Special Use Permit Project Narrative
7957 Market Street
Buy Quick Convenience Center
This proposal is to develop a convenience store with fuel sales and an automatic car wash.
Market Street is an extremely busy thoroughfare. The tract is already zoned for business use,
but is an office & institutional district. The proposed use is permitted only by special use
permit.
Service industries need to be located close to the users they provide for. There is a long
distance between the convenience store at Porter's Neck Road and the next facility to the south
which is beyond the intersection of Gordon Road.
The project fronts Market Street, a major thoroughfare, but will be accessed from Bump Along
road. A traffic impact analysis (TIA) has been completed and recommended improvements will
be conditions of any approval. The currently sub - standard road will be improved for two -way
traffic width and a right turn lane added on its Market Street approach. The project is in the
Ogden fire services district and will be serviced by public water & sewer utilities.
A survey and environmental assessment was completed for the tract. There is a pocket of
wetlands within the project area, but it is less than % acre and thereby eligible for a nationwide
permit to fill for essential site improvements.
Mitigating efforts have been incorporated into the design to avoid any adverse effects to the
adjacent Brickstone Estates community. The plan does not propose connection to Raintree
Road, so that traffic from the project could not impact those neighborhood streets. The
properties back Bump Along Road will benefit from the improvement of the intersection of
Bump Along Road at Market Street, and back the entire frontage of the project. Buffer
plantings will be installed along the residential boundary. Streetyard, interior parking area and
foundation plantings will add to the visual appeal of the project.
The project is in the "community mixed -use" land classification, intended for more intensive
urban development. Policy 4.1 suggests designating sufficient land area and suitable locations
for various uses, and 4.3 suggests maximizing effectiveness of commercial uses by assuring that
land is available within close proximity to the markets they serve. We believe that this proposal
is relevant to the policies and our County's strategies for growth and economic development
which continue to encourage efforts to attract and retain businesses. It is reasonable and in the
public interest because it will provide a service that will minimize vehicle trips and miles
traveled.
Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 6
BUSINESS CORPORATION ANNUAL REPORT
NAME OF BUSINESS CORPORATION. YOSEF 1NC.
SECRETARY OF STATE ID NUMBER: 0455633 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: l ali l onla
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: SALEH. KHALID
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E -Filed Annual Report
04556633
CA201519100347
7/1012015 10:21
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS R COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
3811 Cottonwood Drive 3811 Cottonwood Drive
Durham, NC 27705 -5363 All County Durham, NC 27705 -5353
SECTION B. PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Stnre
2. PRINCIPAL OFFICE PHONE NUMBER: (919) 599 -0301
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
3811 Cottonwood Drive
Durham, NC 27705 -5363
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: tChalid Saleh
TITLE: president
ADDRESS:
3811 Cottonwood Drive
Durham, NC 27705
NAME:
TITLE:
ADDRESS:
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
3811 Cottonwood Drive
Durham, NC 27705 -5363
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person /business entity.
Khalid Saleh
SIGNATURE
Form must be signed by an officer listed under Section C of this form.
7110/2015
Khalid Saleh President
Print or Type Name of Officer
This Annual Report has been filed electronically_
MAIL TO: Secretary of Stale, Corporations Div f [45 t��tldr�bA� r i (i�O -D525
ITEM: 13- 8 - 7
DATE
Print or Type Tide of Officer
NEW HANOVER COUNTY NORTH CAROLINA
CERTIFICATE OF APPROVAL BY THE CAPE FEAR PUBLIC UTILITY AUTHORITY:
.
���
1, PATRICK C. BRISTOW CERTIFY THAT TH15 PLAT WAS DRAWN UNDER MY SUPERVISION
COUNN $UMMM ORDINAL
CERTIFICATE OF OWNERSHIP, DEDICATION AND JURISDICTION:
NOTWITHSTANDING NEW HANOVER. COUNTY APPROVAL OF TH15 PLAT,
TH15 CERTIFICATION IS AFFIXED MEETS ALL AUTHORITY STANDARDS AND REQUIREMENTS
FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION
NEW HANOVER COUNTY NORTH CAROLINA
I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE OWNERS OF THE PROPERTY SHOWN AND
1
DEDICATION FOR THE PUBLIC WATER AND /OR SEWER PURPOSES ALL EASEMENTS,
RECORDED IN BOOK AS , PAGE SHOWN ); THAT BOUNDARIES NOT SURVEYED
LOTS SHOWN ON SAID PLAT MAY NOT RECEIVE HEALTH DEPARTMENT
HERE=ON AND THAT I (WE) HEREBY ADOPT TH15 PLAN OF A SUBDIVISION WITH MY
PUBLIC UTILITY PURPOSES. APPROVAL OE TH15 PLAT DOES NOT GUARANTEE THE
ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK AS ,
ANOTHER CATEGORY, SUCH AS
TH15 PLAT 15 Of A SURVEY Of ANOTHER
RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY,
(OUR) OWN FREE CON5ENT AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS, CONSERVATION
()
PAGE SHOWN THAT THE RATIO Of PUC15ION AS CALCULATED 15 1 :10000:
SPACE AND OTHER AREAS TO PUBLIC OR PRIVATE USE A5 NOTED. ALL ROADS AND DRAINAGE
BY:., -, REVIEW OFFICER
Z
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47 -30 AS
OR, OTHER EXCEPTION TO THE DEFINITION OF 5UBDIVI510N.
EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSES. FURTHER, i (WE) CERTIFY THE LAND
tV
AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICEN5URE NUMBER AND SEAL
AS SHOWN HEREON 15 LOCATED WITHIN THE 5UBDIV15ION JURISDICTION OF NEW HANOVER COUNTY.
r
THIS 15T DAY OF FEBRUARY A.D., 2017.
T
SEWER LINE
u t� PATRICK C. BRISTOW
THE CAPE FEAR PUBLIC UTILITY AUTHORITY.
10
(LOCATION BY OTHERS)
1
PATRICK C. BRI5TOW
N.C. PLS NO. L -4148
NOTES z Z e ' 7
1) THIS RECORDING ABANDONS THAT PARCEL OF LAND ERRONEOUSLY DEPICTED
AS AN EXTENSION OF RAINTREE ROAD AS DESCRIBED IN DEE=D BOOK 1 148,
PAGE 1550 OF THE NEW HANOVER COUNTY REGISTER OF DEEDS OFFICE AND
COMBINE5 THAT AREA WITH THE PARCELS NORTH AND SOUTH OF SAID PURPORTED
ROAD EXTENSION. A NEW 30 FOOT WIDE PUBLIC UTILITY EASEMENT 15 HEREBY CREATED
FROM THE TERMINUS OF RAINTREE ROAD, SOUTHEASTWARD TO THE WESTERN LINE OF
THAT ROAD KNOWN AS BUMP ALONG ROAD, THE CENTERLINE OF SAID EASEMENT BEING
COINCIDENT WITH THE NEW BOUNDARY BETWEEN TRACT A AND TRACT B AS E5TABL15HED
AND SHOWN HEREON.
2) ALL DISTANCES ARE GROUND HORIZONTAL EXPRESSED IN U.S. SURVEY FEET.
3) AREA CALCULATED BY COORDINATES.
4) NO GEODETIC MONUMENTS FOUND WITHIN 2000 FEET OF TH15 PROPERTY.
5) UNDERGROUND UTILITIE5 LOCATED FROM LOCATION PAINTED BY OTHERS.
G. JURISDICTIONAL WEI"LAND5 HAVE BEEN EVIDENT WITHIN THESE BOUNDARIES
IN THE PAST. A CURRENT DETERMINATION WILL NEED TO BE COMPLETED PRIOR
TO ANY SITE DEVELOPMENT PERMITTING.
N/F FAZARRI
gp�o'r" �2 LOT 21 BRICKSTONE ESTATES
DB 5199 PG 2594
PID # R03G 1 1- 003 - 005 -000
CONTROL
CORNER
1
1'
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sr
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N/F GRATHWOL
LOT 25 BRICK5TONE E5TATE5
DB 4548 PG 2G
PID # R03G f 1- •003 -00 f •-000
...._PAA/._ -.._. _.
NNTREE ROAD N52-52'1 I'W
9.95' --�
545 °45'00 "W 175.94'
TERMINUS Of
GO' PUBLIC R/W RIGHT OF WAY
—R/W— FOUND
N/F CAPE FEAR P.U.A.
WELL SITE BRICKSTONE ESTATES
DD 5330 PG 1728
PID # R03G ! 1- 002 -004 -000
NEW HANOVER COUNTY
DATE KHALID 5ALEH FOR Y05EF, INC.
NORTH CAROLINA
FILED FOR REGISTRATION ON THE 24"� DAY OF R*r� _2017,
AT.1 h.q6. ®PM AND DULY RECORDED IN MAP BOOK 4'r2- AT PAGE 3LJ�"
N/F ALABA5TER
PART OF TRACT A ALBERTA BEALL
DB 1709 PG 938
PID # R03000- •003 - 042• -013
15" lw"04 MA6vw 1
REGISTER OF DEEDS
BY: g, 'L
el 21;49AW67
Ir�stY * 90/7 ,00.0AP
TRACT B
75,540 5Q. FT. 1.734 ACRE5
28012
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FOUND 1!
NOTE: TI1E5E LOTS ARE LOCATED
IN ZONE X A5 PER
COMMUNITY ID # 3701 GS
MAP # 3720316900 J
DATED: APRIL 3, 2006
LOCATION MAP
NOT TO scnLE
SURVEY REFERENCE
MAP BOOK I G PAGE 32
4 MAP BOOK I G PAGE 31
t1 DEED BOOK 5994 PAGE 1816
DEED BOOK 5777 PAGE 239G
DEED BOOK 1 148 PAGE 1550 t
DEED BOOK 1397 PAGE G5G kL
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01 �- N/F KIRNER /
30.0 DB 5338 PG 2221 /
4 PID # R03000 -003 -0 f f -000 /
CONTROL { /
CORNER /
c /
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PUBLIC R/W - WIDTH VARIES
0 W11K
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ul
N/F LIBERTY BAPTIST
LINE TO BE ABANDONED
(SEE NOTE # 1) CHURCH OF WILMINGTON, INC.
WATER LINE DB 1 148 PG 1550
- _ —_N45 °55'07" E — — — — — — — 1 17.26
— — — — — — -� — — " -- (AS MARKED BY OTHERS) PID # R03600- 003 - 042• -OOG
�N52 °5�2` f f "W — — — _...�,..�...._..._ ..._ — _......_ .._ — ` ` � � N53 °29'38 „E
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LET �/ 1V53 °29-38 „E 1
NEW LINE 553 °27'50 "E
SEWER LINE VARIABLE WIDTH O 78.56 ` 15.G8' ~-
(LOCATION BY OTHERS) PUBLIC UTILITY EASEMENT �1 RIGHT OF WAY LINE
N52 °56'26 "W
30.35` .�..— __ - — � -- SET �
•
N45 °45'00 "E — — — — — — 209.59' N 5302750"W - - - `� `` I N53 °27`50 "W
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(SEE NOTE # !) = [RON PIPE (A5 NOTED)
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` \ = NAIL
\ 0 = MONUMENT
\ (� = CENTERLINE
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x,11 ® = TELEPHONE PEDESTAL
S) = SANITARY 5EWER MANHOLE
TRACT A 1� , ® = DRAINAGE MANHOLE
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1 3 = LIGHT P05T
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j(
FOUND tn' ) FOUND
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CERTIFICATE OF D15CLAIMING WATER/5EWEK SUITABILITY * WATE R15EWEK AVAILABILITY
CERTIFICATE OF APPROVAL BY THE CAPE FEAR PUBLIC UTILITY AUTHORITY:
.
���
I,� REVIEW OFFICER FOR THE CAPE FEAR PUBLIC UTILITY AUTHORITY,
COUNN $UMMM ORDINAL
NEW HANOVER COUNTY, NORTH CAROLINA, CERTIFY THAT THE MAP OR PLAT TO WHICH
NOTWITHSTANDING NEW HANOVER. COUNTY APPROVAL OF TH15 PLAT,
TH15 CERTIFICATION IS AFFIXED MEETS ALL AUTHORITY STANDARDS AND REQUIREMENTS
•
2 - l • 17 C - Q KatejFOR THE PUBLIC UTILITIES A5 SI=T FORTH BY ORDINANCES. WITH THE RECORDATION OF
°
n
PLAT, THE CAPE FEAR PUBLIC UTILITY AUTHORITY ACCEPTS THE OWNER'S OFFER OF
1
DEDICATION FOR THE PUBLIC WATER AND /OR SEWER PURPOSES ALL EASEMENTS,
LOTS SHOWN ON SAID PLAT MAY NOT RECEIVE HEALTH DEPARTMENT
PUBLIC UTILITY PURPOSES. APPROVAL OE TH15 PLAT DOES NOT GUARANTEE THE
AVAILABILITY OF WATER AND SEWER SERVICES FROM THE CAPE FEAR PUBLIC UTILITY
AUTHORITY.
APPROVAL FOR ON SITE SEWAGE DISPOSAL SYSTEMS, NOR FOR
BY:., -, REVIEW OFFICER
TITLE: Se -& ew Qv-M e- _ _ %,%t. DATE:
INDIVIDUAL WATER SUPPLY SYSTEMS, NOR DOES SUCH APPROVAL
GUARANTEE THE AVAILABILITY OF WATER OR SEWER SERVICES FROM
10
SEWER LINE
THE CAPE FEAR PUBLIC UTILITY AUTHORITY.
10
(LOCATION BY OTHERS)
1
APPROXIMATE LOCATION OF AT T FIBER OPTIC LINE
1w
EASEMENT WIDTH MUST BE FIELD VERIFIED PRIOR TO ANY CONSTRUCTION)
1 =
(LOCATION
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DEED BOOK 5690 PAGE 2878
MAP BOOK 57 PAGE 72
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N45 045'00 "E'
FOUND
FIRE
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HYDRANT
CENTERLINE OF SOUTHBOUND LANE5
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, SAM d VRGt:6 REVIEW OFFICER Of
NEW HANOVER COUNTY, CERTIFY THAT THE MAP OR PLAT TO
WHICH TH15 CERTIFICATION 15 AFFIXED MEETS ALL REQUIREMENTS
FOR RECORDING.
2-21-17 5• e)4AA5jc40
DATE REVIE=W O FICER
OWNERS: Y05EF, INC
381 l COTTONWOOD DRIVE
DURHAM, NC 27 705
5ALAND PROJECTS \LIBERTY BAPTIST CHURCH OF WILMINGTON\dwr3 \7957 MAR ,� 5T
FEBRUARY 1, 2017
30 0 15 30 GO
I INCH = 30 FEET
Q PATRICK G. 8RI5T0W LAND 5URVMNG, PC ff5RUARY 2017
l
Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 8
U.S. HIGHWAY N0. 17 - MARKET STREET
MAP OF RECOM15I NATION FOR
Y05Ff5 INC.
TRACTS I * 2 PART OF TRACT A OF ALBERTA C. BEALL PROPERTY
ADJOINING ARAN DON ED SEABOARD COA5TLI N E RAILROAD RIGHT OF WAY
HARNM TOWNSHIP NEW HANOVER COUNTY, N.C.
100' PUBLIC RN
MIS LOT 1S SuBJEGT To ALL u l 1uTY
FA5EMENi'5, MTRICTION5 OR
COVENANT5 OF RECORD.
CERTIFICATE OF DISCLOSURE FOR NEW HANOVER COUNTY SEWER COSTS
I (WE) HEREBY CERTIFY THAT PRIOR TO ENTERING ANY AGREEMENT OR ANY CONVEYANCE
WITH A PR05PECTIVE BUYER, I(WE) SHALL PREPARE AND SIGN, AND THE BUYER
OF THE SUBJECT REAL ESTATE SHALL RECEIVE AND SIGN, A STATEMENT WHICH FULLY
AND ACCURATELY DISCLOSES THAT THE BUYER WILL BE ASSESSED BY
THE CAPE FEAR PUBLIC UTILITY AUTHORITY FOR THE FULL C05T OF PROVIDING SEWER SERVICE TO
THE 5UBDIVI51ON AT THE TIME THAT DISTRICT SEWER BECOMES AVAILABLE, IN
ACCORDANCE WITH NEW HANOVER COUNTY CODE.
Z+ if r117 •
DATE KHALID SALEM FOR YOSEF, INC.
�I
PATRICK C. BRISTOW
LAND SURVEYING, PC
E
4113-A OLEANDER DRIVE
WILMINGTON, N.C. 28403
PHONE: (910) 791 -•1500 FAX: (910) 791 -1504
E-MAIL: pat@bristowsurveying.com
FIRM LICENSURE NO. C -3071
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CERTIFICATE OF APPROVAL BY THE CAPE FEAR PUBLIC UTILITY AUTHORITY:
.
���
I,� REVIEW OFFICER FOR THE CAPE FEAR PUBLIC UTILITY AUTHORITY,
COUNN $UMMM ORDINAL
NEW HANOVER COUNTY, NORTH CAROLINA, CERTIFY THAT THE MAP OR PLAT TO WHICH
TH15 CERTIFICATION IS AFFIXED MEETS ALL AUTHORITY STANDARDS AND REQUIREMENTS
•
2 - l • 17 C - Q KatejFOR THE PUBLIC UTILITIES A5 SI=T FORTH BY ORDINANCES. WITH THE RECORDATION OF
"
PLAT, THE CAPE FEAR PUBLIC UTILITY AUTHORITY ACCEPTS THE OWNER'S OFFER OF
DEDICATION FOR THE PUBLIC WATER AND /OR SEWER PURPOSES ALL EASEMENTS,
COMMON AREAS, AND /OR RIGHTS -OF -WAY SHOWN ON THE PLAT AS DEDICATED FOR
PUBLIC UTILITY PURPOSES. APPROVAL OE TH15 PLAT DOES NOT GUARANTEE THE
AVAILABILITY OF WATER AND SEWER SERVICES FROM THE CAPE FEAR PUBLIC UTILITY
AUTHORITY.
CAPE FEAR PUBLIC UTILITY AUTHORITY
BY:., -, REVIEW OFFICER
TITLE: Se -& ew Qv-M e- _ _ %,%t. DATE:
MAP OF RECOM15I NATION FOR
Y05Ff5 INC.
TRACTS I * 2 PART OF TRACT A OF ALBERTA C. BEALL PROPERTY
ADJOINING ARAN DON ED SEABOARD COA5TLI N E RAILROAD RIGHT OF WAY
HARNM TOWNSHIP NEW HANOVER COUNTY, N.C.
100' PUBLIC RN
MIS LOT 1S SuBJEGT To ALL u l 1uTY
FA5EMENi'5, MTRICTION5 OR
COVENANT5 OF RECORD.
CERTIFICATE OF DISCLOSURE FOR NEW HANOVER COUNTY SEWER COSTS
I (WE) HEREBY CERTIFY THAT PRIOR TO ENTERING ANY AGREEMENT OR ANY CONVEYANCE
WITH A PR05PECTIVE BUYER, I(WE) SHALL PREPARE AND SIGN, AND THE BUYER
OF THE SUBJECT REAL ESTATE SHALL RECEIVE AND SIGN, A STATEMENT WHICH FULLY
AND ACCURATELY DISCLOSES THAT THE BUYER WILL BE ASSESSED BY
THE CAPE FEAR PUBLIC UTILITY AUTHORITY FOR THE FULL C05T OF PROVIDING SEWER SERVICE TO
THE 5UBDIVI51ON AT THE TIME THAT DISTRICT SEWER BECOMES AVAILABLE, IN
ACCORDANCE WITH NEW HANOVER COUNTY CODE.
Z+ if r117 •
DATE KHALID SALEM FOR YOSEF, INC.
�I
PATRICK C. BRISTOW
LAND SURVEYING, PC
E
4113-A OLEANDER DRIVE
WILMINGTON, N.C. 28403
PHONE: (910) 791 -•1500 FAX: (910) 791 -1504
E-MAIL: pat@bristowsurveying.com
FIRM LICENSURE NO. C -3071
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REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Location: 7957 Market Street
Proposed Zoning: Existing 0&1 / add SUP for Convenience Center
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
August 16, 2016 . A copy of the written notice is also attached.
The meeting was held at the following time and place: Tuesday, August 30 2016
In the Azalea Room of the New Hanover County Executive Center, 1241 Military Cutoff Road,
6:00 — 7:00 p.m.
The persons in attendance at the meeting were: Reference attached sign -in List &
supplemental contact by email
The following issues were discussed at the meeting: A brief synopsis of the proposed
Development of the tracts was given. There was extensive discussion about the status of
Raintree Road and that the community of Brickstone Estates would not want a connection to
this project.
As a result of the meeting, the following changes were made to the rezoning petition.. The
Access drive connection to Raintree Road was eliminated, but a pedestrian walk provided.
Rather than pursue a business district rezoning of both tracts, a Special Use Permit has
been proposed for the frontage tract, and the rear tract will remain zoned for office &
institutional uses for the present.
Date: March 9, 2017
Applicant: Design Solutions
By: Cindee Wolf
Community Information Meeting
Buy Quick Center
Tuesday, August 30, 2016
Name
Address
Email (Optional)
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Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 10
I.
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CWolf
From:
CWolf <cwolf @lobodemar.biz>
Sent:
Tuesday, August 30, 2016 10:11 AM
To:
'Reid Jackson'
Cc:
'Khalid Saleh'
Subject:
RE: Bump Along Road Commercial Center
Mr. Jackson,
I understand your interest, and can certainly will try to answer your questions. I've inserted my responses below in
Red. Your representative is welcome to attend, but be assured that I will also include our correspondence in my
required report of the meeting. This project scope has tripped the need for a Traffic Impact Analysis, which is also
required prior to the rezoning process. It is underway, but time for completion is vague. My best guess for a process
schedule would be petition submittal in October, a Planning Board public hearing in November, and Board of
Commissioners public hearing for final approval in December or January. I will keep everyone that has responded to my
letter and attends the meeting informed. You will also receive notice for both of those hearings directly from the
County. Please don't hesitate to continue the dialogue after reviewing my answers below. Thanks! Cindee
From: Reid Jackson [mailto:reid.jackson@ncino.com]
Sent: Monday, August 29, 2016 5:07 PM
To: cwolf @lobodemar.biz
Subject: Bump Along Road Commercial Center
Hello Cindee,
I received a letter in the mail a few days ago outlining the proposed rezoning and development of a commercial center
on Bump Along Rd. I purchased my property and home in February of this year at 118 Bump Along Rd., so I admittedly
have some concerns around the impact of my property value due to the rezoning and completion of a commercial
center so close to my residential property. I am unfortunately going to be out of town traveling for work tomorrow
August 30th when the scheduled meeting will take place. I may send someone to represent me at the meeting, but was
hoping I could get some questions answered over email and hopefully keep the dialogue open as things move
along. Thank you in advance for addressing my questions and concerns. If there are any questions that I should direct
to another party, please let me know.
Is there any contact information or way for me to contact the party that is interested in developing the land?
The owner / developer is Khalid Saleh. He can be contacted at email ksaleh3350 @aol.com - and I am copying him
with this response.
Can I get a copy of the application from the developer /interested party?
There is no application as yet because the County requires that we have the community information meeting prior to
acceptance of a rezoning submittal.
How can I determine the economic impact to my property value if something like this is put in place?
The subject property is obviously along the busy road corridor, and I feel sure that its current non - residential zoning
was taken into consideration when your appraisal was done. The existing conditions are the sub - standard Bump
Along roadway & the Church with little to no plantings or buffering from your property - while your yard is fenced and
well - landscaped. If approved, this project will provide an expanded width of roadway back to the Raintree Road
connector drive, a properly designed street intersection to Market Street, and full buffering and landscaping to meet
County regulations. In my experience, residential subdivision developers these days are anxious to have small -scale
retail opportunities at the entry points to their projects as a convenience selling point for new home owners.
I noticed the subject property would need to be rezoned, what type of rezoning would need to take place and what is
the property zoned as of today?
1
Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 11
The property is currently zoned Office & institutional (0&1) which allows a reasonably wide range of uses, such as
drug stores, banks & boat / RV storage by right. The convenience store would be permitted by Special Use
Permit. With the purpose of a more transparent & comprehensive project, and to allow a few more complimentary
retail uses, we felt that a "Conditional Zoning District" to Neighborhood Business (B-1) would be the more
appropriate process to pursue. As explained in my letter, a CZD rezoning shows you what -the layout will be,
guarantees improvements, and can limit the uses.
Has the land been sold to the party that is thinking about developing it?
My client has owned the property since 2013.
What is the projected timeline for the project if it were to move forward?
I will defer to him, but i believe that the convenience facility would move forward as soon as possible. The rear
commercial strip would probably be a second phase - usually pending pre-leasing of users.
What kind of barriers/buffers have been discussed around the subject property?
The boundary facing your property, and also the rear & opposite side adjacent to residential zones, would have a 20'
bufferyard. That can include dense plantings or both a solid fence & evergreen plantings to provide visual
screening. The Bump Along frontage towards Market Street from the Raintree Road connector, and the Market
Street frontage, will meet the County streetyard planting requirements. There are also requirements for shading and
decorative plantings interior to the sites.
What kind of businesses/retail offices have been discussed or have any?
The convenience store is fairly straightforward as a use. Part of the self-imposed conditions we intend to offer for the
rear commercial center are limiting those uses to the basics of office, restaurant, miscellaneous retail, and personal
services.
Regards,
Reid Jackson
Senior Sales Engineer I wvvw.ncino.com
m. 919.631.7376
Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 12
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Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 13
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Transmittal
August 16, 2016
To: Adjacent Property Owners
From: Cindee Wolf
Re: Bump Along Road Commercial Center
The owner of a property within 500 feet of yours is interested in developing a convenience
store and retail center at the corner of Market Street and Bump along Road. This proposal
would require a Conditional Zoning District rezoning from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance
with specific standards and conditions pertaining to each individual development project.
Essentially, this means that only that use, structures and layout of an approved proposal can
be developed. An exhibit of the plan layout and surrounding area is attached.
The County requires that the developer hold a meeting for all property owners within 500
feet of the tract boundary, and any and all other interested parties. This provides neighbors
with an opportunity for explanation of the proposal and for questions to be answered
concerning project improvements, benefits and impacts.
A meeting will be held on Tuesday, August 30`h, in the Azalea Room of the New Hanover
County Executive Center, 1241 Military Cutoff Road (behind the County Library), 6:00 -7:00
p.m. If you cannot attend, you are also welcome to contact meat telephone # 620 -2374,
or email cwolf@lobodemar.biz with comments and /or questions.
We appreciate your interest in the project and look forward to being a good neighbor and
an asset to the community.
P.O. BOX 7222, Wilmington, NC 28406 * Te(epkone: 99-0 -620 -2374 * Email: ewoff @loboderAar.biz
Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 14
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Board of Commissioners - May 1, 2017
ITEM: 13- 8 - 15
PROPOSED
SITE PLAN
Board of Commissioners - May 1, 2017
ITEM: 13- 9 - 1
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Board of Commissioners - May 1, 2017
ITEM: 13- 10 - 1
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Board of Commissioners - May 1, 2017
ITEM: 13- 10 - 1
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OPPOSITION
MATERIALS
Board of Commissioners - May 1, 2017
ITEM: 13- 11 - 1
27 March 2017
Inventory and Evaluation
For: Brickstone Estate Subdivision
Sections bounded by NC 17 Bus. Market Street, Alexander Rd. Raintree, Pencade
and Bump Along Roads.
The field evaluation was conducted 9 March 2016 the results and summary recommendations
follow;
This portion of the subject area is comprised of single family homes on lots ranging in size from
.4 acres to over 1 acre in size. Undeveloped lots range in size from .4 acres to nearly two acres.
Note that on the north side of Bump Along Road there is existing O &I/ Commercial buildings and
parking area with a large amount of impervious surface and runoff. The soils in the subject area
are typical for New Hanover County ranging from moderately well drained to poorly drained soils
that have water at or near the surface for much of the year.
The field evaluation revealed repeated instances of ponding and backwater in natural
drainageways within the residents lots. Property owners should be advised that they are
responsible for maintaining drainageways and or drainage easement through their property.
Blocking of drainageways is a violation of NCGS 77 -14. No acts of wilful intent to violate this
statute were observed. Conversely much of the ponding and backwater situations are being
caused and exacerbated by inadequate line and grade in road ditches. Backwater and or
standing water was evident in the rear of the 0.7ac lot of Hazelton Ct NCCP120 APN:
R03611002001000(Shin Boo Min,owner 4- 22 -15) and the 1.7 ac. Lot at Hazleton Ct and
Raintree Road lot NCCPI 9 APN: R03611002003000(GARTHWAL PROPERTY HOLDINGS
owner 4- 22 -15). The 0.4 ac lot on Raintree Rd. NCCPI 25 APN:
203611003001000(GARTHWYL PROPERTY HOLDINGS owner 4- 22 -15) ponding observed
interior property due to poor line and grade in road ditch.
Additionally the 1.1 ac lot at Raintree Road NCCPI 9 APN: R03611002004000(Cape Fear
Public Utility Au. owner 422 -15) was impacted by standing and or backwater.
S17 -02 Special Use Permit Parcel
Lot classified somewhat poorly drained to poorly drained on the south side. This parcel is adjacent
to the aforementioned 1.1 ac site that had standing and or backwater water visible at the time of
field evaluation.
Be advised that similar conditions and situations were observed in the Pencade,Graystone and
Beachwood Road portions of the subdivision.
Summary:
It was apparent that the residence of this area have been impacted by repeated nuisance flooding
and vector control issues. Given the amount of standing water the number of mosquito
and varmint control advertisement in the neighborhood is not surprising.
Board of Commissioners - May 1, 2017
ITEM: 13- 12 - 1
The subject area would benefit greatly if adequate line and grade and cross drainage is
established in road ditches and drainageways. Considering the predominant drainage pattern
of the area, relieving the backwater situations at the 1.7 ac site and the 1.1 ac property in
combination with adequate line and grade road ditches could lessen the situation.
Be aware that permitting may be required, the extent of this evaluation was not to establish any
riparian buffers or determine any 4011404 permitting requirements. Or to address any
retention/detention requirements.
817 -02 Special Use Permit
The quantity of runoff in this area is large. Given the amount of impervious surface runoff from the
subdivision the runoff from the existing commercial property on Bump Along Rd. and the fact the
areas soil taxonomy has a predominance of somewhat poorly drained soils should call this site into
question.
The lack of road ditch maintenance and obstructed drainageways has resulted in residence being
repeatedly impacted by nuisance flooding and backwater.
Adding additional impervious surface runoff to the situation detailed in this evaluation will result in
additional flooding.
S incearly,
Kenneth D. Cromartie, CPESC Retired
Environmental Engineer Planner
Division Director
Erosion Flood and Stormwater
Wake County, Environmental Services
Reference sources, USDA- NRCS and AcreValue by Granular
Board of Commissioners - May 1, 2017
ITEM: 13- 12 - 2
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Board of Commissioners - May 1, 2017
ITEM: 13- 12 - 3
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ITEM: 13- 12 - 3
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Board ofCommissioners May 1.2017
ITEM: 13-12 5