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HomeMy WebLinkAbout2017-11-20 RM ExhibitsExhibit Book _Page SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, SHIRLEY DELORES KNOX (hereinafter referred to as "Releasor "), for and in consideration of the sum of TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) in cash, which is paid on this day, by TRAVELERS INSURANCE COMPANY, on behalf of SHERIFF ED McMAHON, the receipt and sufficiency of which is hereby acknowledged, do hereby release and discharge and by these presents do for myself, and for my heirs, executors, administrators and assigns, release, acquit and forever discharge SHERIFF ED McMAHON, NEW HANOVER COUNTY, THE OFFICE OF THE NEW HANOVER COUNTY SHERIFF, TRAVELERS INSURANCE COMPANY, and their servants, agents, employees, deputies, officers, heirs, executors, administrators, legal representatives, insurers, successors and assigns, and each of them respectively and all other persons, insurance carriers, firms, corporations, associations and estates (hereinafter referred to individually and severally as "Releasees "), from any and all liability now accrued or hereafter to accrue on account of any and all claims, demands, and causes of action which chc undersigned now has against the aforesaid Releasees, whether known or unknown, asserted or unasserted, and any and all claims for compensation or benefits, damages, attorney's fees or other sums allegedly due thereunder and, by virtue of these presents, do hereby fully release and forever discharge each of them from any and all actions and causes of action, including, but not limited to, claims, actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, variances, trespasses, damages, judgments, executions, medical/hospital expenses, demands, costs, loss of services, loss of earnings and earning potential, loss of consortium, expenses, attorneys' fees, compensation and all consequential damages, damages for emotional distress, or punitive damages, for any claims/damages resulting or arising out of or in connection with my employment with the Office of the New Hanover County Sheriff and the termination thereof, including but not limited to those claims which are the subject of the action presently pending in New Hanover County Superior Court, bearing File No. 16 CVS 3894. REPRESENTATIONS And for the consideration aforesaid, SHIRLEY DELORES KNOX by executing this Settlement Agreement, Release and Hold Harmless Agreement does hereby represent, covenant and agree as follows: 1. CONSIDERATION: That I hereby expressly state that the consideration referred to above is in full payment for this Settlement Agreement and Release. There is no understanding or agreement of any kind for any further or future consideration whatsoever either implied and/or expected. 2. VOLUNTARY EXECUTION: That I have not been influenced or coerced in any manner or to any extent to execute this Settlement Agreement, Release and Hold Harmless Agreement by any representations or statements of the Releasees regarding any matters, and I have voluntarily executed same. 3. ADVICE OF COUNSEL: That I have had the benefit and advice of counsel of my own attorney; and that I fully understand the terms of this Settlement Agreement, Release and Hold Harmless Agreement; and that I have been advised by my attorney that I am making full and final settlement of all claims of every nature and character against the persons, entities, agents or estates hereby released. 4. FINAL SETTLEMENT: That I do voluntarily accept of making a full and final compromise, adjustment and settleent of alaforesaid my sums laims against parties, entities, agents or estates hereby leased Y gainst the claims y , past, present and future, and including any and all upon my death, by my beneficiaries, spouse, dependents, heirs, children, estate and legal representatives, and all other persons. 5• FULL UNDERSTANDING: I hereby declare that I am eighteen (18) years of age or over and that I suffer from no legal disabilities or mental/physical disabilities which would disable me from executing this Settlement Agreement, Release and Hold Harmless Agreement. that I have not taken any drug or medication prior to the execution of thi lease which would Prevent me from understanding the terms herein. 6. CAREFUL READING: I have carefully read the foregoing Settlement Agreement, Release and Hold Harmless Agreement and know and understand the contents thereof and I ex te ecu the same as my own free act. This General Release has been fully explained to me by my attorney. 7. DISMISSAL WITH PREJUDICE: I have caused my claim in the action hereinabove referred to be dismissed with prejudice by proper order of Court, each party to bear their own costs and attorney's fees, and same is intended to be dismissed with prejudice by Plaintiff, which will prohibit the undersigned or my assigns, or successors in interest, or any other person or entity from ever holding the Releasees liable or responsible. 8. ORIGINALS: This Settlement Agreement, Release and Hold Harmless A signed in one or more counterparts, each of which, when executed with the same fformality ad be in the same manner as the original, shall constitute an original. 9. NO ADMISSION OF LIABILITY: I understand that this settlement is a compromise of a doubtful and disputed claim, and that payment is not to be construed a liability on s an admission of liab the part of the persons, firms, organizations, entities and corporations hereby released, ab liability is expressly denied. whom S This Settlement Agreement, Release and Hold Harmless Agreement contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Settlement Agreement, Release and Hold Harmless Agreement are contractual and not a mere recital. WITNESS MY HAND AND SEAL this the25day of it abdo'' .2017. SIGNED, SEALED AND DELIVERED in the presence of iji-ak WITNESS 2,10 Q�- CDv. Wa - vk- NC. ADDRESS STATE OF NORTH CAROLINA COUNTY OF ew god&' I HEREBY CERTIFY drat on this day per"Wly appeared before me, an officer duly authorized to administer oaths and take admowledg ments, in the State and Cot mty aforesaid, SHIRLEY DELORES KNOX to me well known to be the person described in and who executed the fom Ving SETTLEMENT AGREEMENT, RELEASE AND HOLD HARMLESS AGREEMENT, and she adamwledged before me and the witriess whose signature appears hmnabove that she read and fully understands its contents; that by this inswrient SHIRLEY DELORES KNOX thereby releases all claims against the Releasees (as set Borth hadnabove) and thaaaVon the said SHIRLEY DELORhI S KNOX duly exewtod this irapbnmmnt in my prwaw as her free act and deed, and for the sole omWa ation therein ecp =w& IN W17WESS WHEREOF, 1 have haamto set my hand and affuced my official seal at New � testy, on thus 25 day of pia . 2017. My Commission ecpirea: NOTAA RY PUBLIC Il /y /�l-7 %%SFRVER04 372.000.D0CX 4 gCAIQe''�i,, j10T0 'Qo s G; Jos BLIG. ' G •` Exhibit Book Page IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION ANTOINE L. GRAHAM, ) Plaintiff, ) V. ) ANTHONY J. BERNARD, in his individual and official capacity; ) JAMES A. MAROLDT, in his individual and official capacity; ) MICHAEL A. FIKE, in his individual and official capacity; ) JASON M. SPIVEY, in his individual and official capacity; ) BRIAN D. MEDLIN, in his individual and official capacity; ) JOSEPH M. CHERRY, in his individual and official capacity; ) JOHN A. ROGERS, in his individual and official capacity; ) LARRY D. BRANCH, in his individual and official capacity; ) BRUNSWICK COUNTY SHERIFF JOHN W. INGRAM, in his ) individual and official capacity; and JOHN /JANE DOES 1 -5, ) Defendants. ) NO.7:16 -CV -257 -D SETTLEMENT AND RELEASE OF ALL CLAIMS KNOW ALL BY THESE PRESENTS that the undersigned, Antoine L. Graham, the plaintiff in this action, on this day of September, 2017, does hereby release, acquit, and forever discharge defendants Anthony J. Bernard, James A. Maroldt, Michael Fike, Jason Spivey, Brian D. Medlin, Joseph M. Cherry, John A. Rogers, Larry D. Branch, and Sheriff John W. Ingram of Brunswick County, in their individual and official capacities, for any and all claims arising out of the events alleged in the plaintiff's Complaint, as is more particularly described herein. 2. The plaintiff also releases any and all current and former sheriffs, deputy sheriffs, police officers, detectives, jailers, officials, employees, and agents of Brunswick County and the Office of Sheriff of Brunswick County, New Hanover County and the Office of Sheriff of New Hanover County, and the Town of Leland and the Leland Police Department (collectively, along with the named individual defendants, the "Releasees ") for any and all claims arising out of the with the named individual defendants, the "Releasees ") for any and all claims arising out of the events alleged in the plaintiffs Complaint and arising before the signing of this Release. 3. In consideration of the compromise of a disputed claim and to avoid further litigation; in further consideration of the payment of EIGHTY -FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00) and the payment of any and all costs incurred by the plaintiff for mediation on August 9, 2017, which payments are made on behalf of the defendants; and subject to the restrictions set forth below; in settlement of claims for alleged injuries, costs, expenses, and attorney fees, by the defendants to the plaintiff, in hand paid, the receipt of which the plaintiff hereby acknowledges, the plaintiff does voluntarily and knowingly execute this release for the express intention of effecting the extinguishment of all rights or obligations herein designated. It is hereby expressly stated that no compensation is being made or paid to the plaintiff for claims of lost wages or expenses or for punitive damages and that all compensation is for alleged personal injuries. 4. As a condition to the execution and enforceability of this Settlement and Release of All Claims, the plaintiff will enter into a Stipulation of Voluntary Dismissal With Prejudice of All Claims Against Defendants, as provided for by applicable rules, statutes, and case law, with the understanding that the defendants believe they are not liable to the plaintiff and admit no liability in this matter. 5. The plaintiff does for himself and his predecessors, successors, heirs and assigns, agents, servants, employees, and representatives, hereby release, acquit, and forever discharge the defendants and their predecessors, successors, heirs and assigns, agents, servants, officers, officials, elected officials, appointees, employees, and personal and litigation attorneys of and from any and all claims, actions, or causes of action, demands, damages, costs, judgments, expenses, liabilities, attorney's fees, and legal costs, injunctive or declaratory relief, whether known or unknown, whether foreseen or unforeseen, whether in law or equity, whether in tort or in contract, including all claims, from whatsoever cause arising, or from whatsoever act or omission arising, which they now have, or might otherwise have, against the persons and entities released herein, all to the end that all claims or matters, that are, or might be, in controversy between the plaintiff and defendants and persons and entities released herein, are forever put at rest. It is the plaintiffs clear intention to forever discharge and release all his past, present, and future claims against the defendants and persons and entities herein released, for all consequences resulting, or potentially to result, from any and all claims occurring before the signing of this Release and arising out of the events alleged in the plaintiffs Complaint. 6. The plaintiff further agrees that the defendants, persons, and entities hereby released admit no liability of any sort whatsoever, and that said payment and settlement in compromise of a disputed claim is made to terminate further controversy in respect to any and all claims that the plaintiff presently asserts, or might have asserted, because of the incidents complained of in the above - referenced lawsuit. The plaintiff understands that the defendants deny any and all liability and contend that that their actions were in no way the cause of any injuries to the plaintiff. It is understood and agreed to by the parties that the payment from this settlement of a doubtful and disputed claim are not to be construed as an admission of liability or waiver of sovereign/governmental immunity or public official's immunity on the defendants' part, and liability regarding such immunities is expressly denied and expressly asserted. 7. The plaintiff warrants that no representations about the nature or extent of any claims, demands, damages, or rights he has, or may have, against the persons and entities released herein have been made to him by anyone acting on his behalf to induce his to execute this Release and he relies on no such representations; that he has fully read and understood this Release before signing it; that he acts voluntarily and with full understanding that he has the sound advice of counsel; that this Release contains the entire agreement between the parties hereto; and that the terms of this Release are contractual and not mere recital. 8. The plaintiff further agrees that he has read the foregoing Release, fully understand it, and, after having consulted with legal counsel, has voluntarily executed it on the date written below, signifying his assent to and willingness to be bound by its terns. 9. The plaintiff agrees to keep the terns of this Release confidential to the fullest extent possible and not to disclose the terms of the settlement to any person, except his attorneys, accountants, and siblings or immediate family members, unless required to do so by any statute, regulation, or court order. The plaintiff further agrees not to provide interviews or information to any news reporter, news media organization, or the like, or to any website, concerning the terms of the settlement. The plaintiff further agrees that he may not reveal the details of this Settlement Agreement and Release, including in altered, disguised, sanitized, or redacted form, so that the names of the parties or the details of the case may not be identified. The plaintiff further agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, concerning the terms of this Settlement and Release. The plaintiff agrees not to make any comments on social media about either the terms of this Settlement and Release or about the law enforcement videos from the June 2013 incident that is the basis of the Complaint and which have been provided to the plaintiff in discovery under a protective order. The plaintiff also agrees not to cause in any way the release of said videos and not to encourage or assist any person or entity to seek to have said videos released to the public. If the provisions of this paragraph are breached, the plaintiff will be required to return any and all funds he � M receives as part of this settlement to the defendants. If the plaintiff are asked by anyone about the terms or conditions of this Settlement and Release, he will limit his response to the following: "The matter has been resolved." If the plaintiff is asked by anyone about the videos, he will limit his response to the following: "No comment." 10. The parties recognize that the defendants have certain duties under N.C. Gen. Stat. § 132 -1.3 to report the terms of this Settlement and Release, in part or in full, and that this agreement in no way relieves the defendants of said duties. The parties agree that said statute does not impose any duty upon the plaintiff, the plaintiffs attorney, or the plaintiff's representatives, and that the plaintiff will keep the terms of this Settlement and Release strictly confidential except as otherwise required by any law, and/or court order, and/or the North Carolina Rules of Professional Conduct. 11. The plaintiff agrees to indemnify, defend, and hold the Defendants/Releasees and their employing agencies and entities; the North Carolina Counties Liability and Property Joint Risk Management Agency, d/b /a NCACC Liability and Property Pool; and Sedgwick Inc., the Pool's third -party administrator, and any and all insurers or indemnity companies for the Defendants/Releasees, harmless from claims, liens, damages, conditional payments, and rights to payment, if they have any, and to pay any such liens from the proceeds of the settlement payment. 12. In the event that any portion or provision of this Release shall be found to be void or invalid, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Release, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein. IN WITNESS HEREOF, we set our hands and seal, on this I-day of September, 2017. CAUTION — READ BEFORE SIGNING APPROVED: Antoine L. Graham Plaintiff h- ?J� Coble o rney for Plaintiff Sworn to and subscribed before me this the -day of September, 2017. Notary Public My Commission Expires: O 19 2.0 (y (SEAL) A. FRANCINE MITCHELL SKINNER NOTARY PUBLIC NEW HANOVER COUNTY, NC * Commission Expires 1 WCSR 40551531 v] Exhibit Book _Page IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION JERRY O. MELVIN, V. Plaintiff, ANTHONY J. BERNARD, in his individual and official capacity; JAMES A. MAROLDT, in his individual and official capacity; MICHAEL A. FIKE, in his individual and official capacity; JASON M. SPIVEY, in his individual and official capacity; BRIAN D. MEDLIN, in his individual and official capacity; JOSEPH M. CHERRY, in his individual and official capacity; JOHN A. ROGERS, in his individual and official capacity; LARRY D. BRANCH, in his individual and official capacity; BRUNSWICK COUNTY SHERIFF JOHN W. INGRAM, in his individual and official capacity; and JOHN /JANE DOES 1 -5, Defendants. NO.7:16 -CV -275 -D SETTLEMENT AND RELEASE OF ALL CLAIMS 1. KNOW ALL BY THESE PRESENTS that the undersigned, Jerry O. Melvin, the plaintiff in this action, on this A*�-- day of October, 2017, does hereby release, acquit, and forever discharge defendants Anthony J. Bernard, James A. Maroldt, Michael Fike, Jason Spivey, Brian D. Medlin, Joseph M. Cherry, John A. Rogers, Larry D. Branch, and Sheriff John W. Ingram of Brunswick County, in their individual and official capacities, for any and all claims arising out of the events alleged in the plaintiffs Complaint, as is more particularly described herein. 2.. The plaintiff also releases any and all current and former sheriffs, deputy sheriffs, police officers, detectives, jailers, officials, employees, and agents of Brunswick County and the Office of Sheriff of Brunswick County, New Hanover County and the Office of Sheriff of New Hanover County, and the Town of Leland and the Leland Police Department (collectively, along with the named individual defendants, the "Releasees ") for any and all claims arising out of the events alleged in the plaintiff's Complaint and arising before the signing of this Release. 3. In consideration of the compromise of a disputed claim and to avoid further litigation; in further consideration of the payment of SEVENTY THOUSAND DOLLARS AND NO CENTS ($70,000.00), which payment is made on behalf of the defendants; and subject to the restrictions set forth below; in settlement of claims for alleged injuries, costs, expenses, and attorney fees, by the defendants to the plaintiff, in hand paid, the receipt of which the plaintiff hereby acknowledges, the plaintiff does voluntarily and knowingly execute this release for the express intention of effecting the extinguishment of all rights or obligations herein designated. It is hereby expressly stated that no compensation is being made or paid to the plaintiff for claims of lost wages or expenses or for punitive damages and that all compensation is for alleged personal injuries. By the signing of this Release, the plaintiff also specifically admits that he was not shot after jumping from his Lincoln Navigator SUV on the night of June 14, 2013. 4. As a condition to the execution and enforceability of this Settlement and Release of A11 Claims, the plaintiff will enter into a Stipulation of Voluntary Dismissal With Prejudice of All Claims Against Defendants, as provided for by applicable rules, statutes, and case law, with the understanding that the defendants believe they are not liable to the plaintiff and admit no liability in this matter. 5. It is further understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability or waiver of governmental/sovereign immunity on the part of the Releasees, by whom liability is expressly denied and governmental/sovereign immunity is expressly asserted. 6. The plaintiff does for himself and his predecessors, successors, heirs and assigns, I agents, servants, employees, and representatives, hereby release, acquit, and forever discharge the defendants and their predecessors, successors, heirs and assigns, agents, servants, officers, officials, elected officials, appointees, employees, and personal and litigation attorneys of and from any and all claims, actions, or causes of action, demands, damages, costs, judgments, expenses, liabilities, attorney's fees, and legal costs, injunctive or declaratory relief, whether known or unknown, whether foreseen or unforeseen, whether in law or equity, whether in tort or in contract, including all claims, from whatsoever cause arising, or from whatsoever act or omission arising, which they now have, or might otherwise have, against the persons and entities released herein, all to the end that all claims or matters, that are, or might be, in controversy between the plaintiff and defendants and persons and entities released herein, are forever put at rest. It is the plaintiffs clear intention to forever discharge and release all his past, present, and future claims against the defendants and persons and entities herein released, for all consequences resulting, or potentially to result, from any and all claims occurring before the signing of this Release and arising out of the events alleged in the plaintiff s Complaint. 7. The plaintiff further agrees that the defendants, persons, and entities hereby released admit no liability of any sort whatsoever, and that said payment and settlement in compromise of a disputed claim is made to terminate further controversy in respect to any and all claims that the plaintiff presently asserts, or might have asserted, because of the incidents complained of in the above - referenced lawsuit. The plaintiff understands that the defendants deny any and all liability and contend that that their actions were in no way the cause of any injuries to the plaintiff. It is understood and agreed to by the parties that the payment from this settlement of a doubtful and disputed claim are not to be construed as an admission of liability or waiver of sovereign/governmental immunity or public official's immunity on the defendants' part, and liability regarding such immunities is expressly denied and expressly asserted. 8. The plaintiff warrants that no representations about the nature or extent of any claims, demands, damages, or rights he has, or may have, against the persons and entities released herein have been made to him by anyone acting on his behalf to induce his to execute this Release and he relies on no such representations; that he has fully read and understood this Release before signing it; that he acts voluntarily and with full understanding that he has the sound advice of counsel; that this Release contains the entire agreement between the parties hereto; and that the terms of this Release are contractual and not mere recital. 9. The plaintiff further agrees that he has read the foregoing Release, fully understand it, and, after having consulted with legal counsel, has voluntarily executed it on the date written below, signifying his assent to and willingness to be bound by its terms. 10. The plaintiff agrees to keep the terms of this Release confidential to the fullest extent possible and not to disclose the terms of the settlement to any person, except his attorneys, accountants, and siblings or immediate family members, unless required to do so by any statute, regulation, or court order. The plaintiff further agrees not to provide interviews or information to any news reporter, news media organization, or the like, or to any website, concerning the terms of the settlement. The plaintiff further agrees that he may not reveal the details of this Settlement Agreement and Release, including in altered, disguised, sanitized, or redacted form, so that the names of the parties or the details of the case may not be identified. The plaintiff further agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, concerning the terms of this Settlement and Release. The plaintiff agrees not to make any comments on social media about either the terms of this Settlement and Release or about the law enforcement videos from the June 2013 incident that is the basis of the Complaint and which have been provided to the plaintiff in discovery under a protective order. The plaintiff also agrees not to cause in any way the release of said videos and not to encourage or assist any person or entity to seek to have said videos released to the public. If the provisions of this paragraph are breached, the plaintiff will be required to return any and all funds he receives as part of this settlement to the defendants. If the plaintiff are asked by anyone about the terms or conditions of this Settlement and Release, he will limit his response to the following: "The matter has been resolved." If the plaintiff is asked by anyone about the videos, he will limit his response to the following: "No comment." 11. The parties recognize that the defendants have certain duties under N.C. Gen. Stat. § 132 -1.3 to report the terms of this Settlement and Release, in part or in full, and that this agreement in no way relieves the defendants of said duties. The parties agree that said statute does not impose any duty upon the plaintiff, the plaintiff's attorney, or the plaintiffs representatives, and that the plaintiff will keep the terms of this Settlement and Release strictly confidential except as otherwise required by any law, and/or court order, and/or the North Carolina Rules of Professional Conduct. 12. The plaintiff agrees to indemnify, defend, and hold the Defendants/Releasees and their employing agencies and entities; the North Carolina Counties Liability and Property Joint Risk Management Agency, d/b /a NCACC Liability and Property Pool; and Sedgwick Inc., the Pool's third -party administrator, and any and all insurers or indemnity companies for the Defendants/Releasees, harmless from claims, liens, damages, conditional payments, and rights to payment, if they have any, and to pay any such liens from the proceeds of the settlement payment. The plaintiff also specifically agrees to relieve the defendants of any obligations to pay any other liens that have been made against him, including a lien for $10,715.25 in past -due child support payments claimed by the Bladen County Child Support Enforcement Unit, which the plaintiff agrees to direct his attorney to pay from the proceeds of this settlement to the satisfaction of the Bladen County Child Support Enforcement Unit prior to disbursement of the settlement proceed to the Plaintiff. Plaintiff further agrees to indemnify and hold harmless all of the Defendants and their respective insurers for the payment of this lien and the legal obligations arising thereunder. 13. In the event that any portion or provision of this Release shall be found to be void or invalid, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Release, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein. IN WITNESS HEREOF, we set our hands and seal, on this 444-day of October, 2017. CAUTION — READ BEFORE SIGNING APPROVED: Xrry O. Melvin, Plaintiff Sworn to and subscribed before me this the 40*�' day of October, 2017. Notary Public My Commission Expires: -1 2-Cl 110 l 2 (SEAL) J Coble, Attorney for Plaintiff WCSR 40652614v1 A. FRANCINE MITCHELL SKINNER NOTARY PUBLIC NEW HANOVER COUNTY, MC My Commission W Exhibit Boo Page • 3 Book 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION'S ACQUISITION OF RIGHT OF WAY, PERMANENT DRAINAGE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT AT 7858 RAINTREE ROAD, WILMINGTON, NC WHICH HAS ROAD FRONTAGE ON MARKET STREET WHEREAS, the North Carolina Department of Transportation ( NCDOT) has contacted New Hanover County (NHC) regarding the acquisition of approximately .061 acre of Right of Way, approximately .006 acre of Permanent Drainage Easement, and approximately .090 acre of Temporary Construction Easement at 7858 Raintree Road, Wilmington, NC, which has road frontage on Market Street; and WHEREAS, according to an appraisal commissioned by the NCDOT, the value of the Right of Way is $19,825, the value of the Permanent Drainage Easement is $1,750, and the value of the Temporary Construction Easement is $8,775 for a total value of $30,350; and WHEREAS, NCDOT has agreed to pay the County the full appraised value of $30,350 and also pay all associated closing costs; and WHEREAS, North Carolina General Statute (NCGS) 160A -274 authorizes any governmental unit, upon such terms and conditions as it deems wise, with or without consideration, exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest in real or personal property. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the sale of approximately .061 acre of Right of Way, approximately .006 acre of Permanent Drainage Easement, and approximately .090 acre of Temporary Construction Easement at 7858 Raintree Road, Wilmington, NC for $30,350 and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 20th day of November, 2017. K berleigh G. Cf9kell, Clerk to the Board Exhibit 3 Book Page AGENDA: November 20, 2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2018 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year endinc June 30, 2018. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver value for taxpayer money Fund: Bike and Pedestrian Path Capital Projects Department: Parks and Gardens Ex nditure: Decrease Increase 11 Total 18 -028 - Capital Project Expense $ 30,350 $ 30,350 18 -028 - Sale of Fixed Assets Prior to Actions Toda Fund Budget k Total if Actions Taken Section 2: Explanation NCDOT intends to acquire approximately .061 acre of Right of Way, .006 acre of Permanent Drainage Easement and .090 acre of Temporary Construction Esement on a County -owned parcel located at 7858 Raintree Road, Wilmingon, for the full appraised value of $30,350 and also pay all associated closing cost. The revenue will be budgeted in the Bike and Pedestrian Path Capital Project Fund for future projects. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 18 -028 amending the annual budget ordinance for the fiscal year ending June 30, 2018, is adopted. Adopted, this 20th day of November, 2017. (SEAL) k..*i Woody White, ATTEST: 1,2 '& a KViberleigh G. Cr 1, Clerk to the Board Pxhibit 1J Book LIL Page Tax Administration Records Retention and Disposition Schedule The records retention and disposition schedule and retention periods governing the records series listed herein are hereby approved. In accordance with the provision of Chapters 121 and 132 of the General Statutes of North Carolina, it is agreed that the records do not and will not have further use or value For official business, research, or reference purposes after the respective retention periods specified herein and are authorized to be destroyed or otherwise disposed of by the agency or official having custody of them without further reference to or approval of either party to this agreement. The local government agency agrees to comply with 07 NCAC 04M .0510 when deciding on a method of destruction. Confidential records will be destroyed in such a manner that the records cannot be practicably read or reconstructed. However, records subject to audit or those legally required for ongoing official proceedings must be retained until released from such audits or official proceedings, notwithstanding the instructions of this schedule. Public records, Including electronic records, not listed In this schedule are not authorized to be destroyed. This local government agency and the Department of Cultural Resources agree that certain records series possess only brief administrative, fiscal, legal, research, and reference value. These records series have been designated by retention periods which allow these records to be destroyed when "administrative value ends." The local government agency hereby agrees that it will establish and enforce internal policies setting minimum retention periods for the records that Cultural Resources has scheduled with the disposition instruction "destroy when administrative value ends." If a municipality does not establish internal policies and retention periods, the municipality is not complying with the provisions of this retention schedule and is not authorized by the Department of Cultural Resources to destroy the records with the disposition Instruction "destroy when administrative value ends." The local government agency and the Department of Cultural Resources concur that the long -term and /or permanent preservation of electronic records require additional commitment and active management by the agency. The agency agrees to comply with all policies, standards, and best practices published by the Department of Cultural Resources regarding the creation and managernent of electronic records. it is further agreed that these records may not be destroyed prior to the time periods stated; however, for sufficient reason they may be retained for longer periods. This schedule is to remain in effect from the date of approval until It Is reviewed and updated. APPROVAL. RECOMMENDED Tax Assessor /Collector Sarah E. Koonts, Director Division of Archives and Records Susan W. Kluttz, Secretary Department of Cultural Resources Ac Exhibit Pa e Book 9 =� APPENDIX R NEW HANOVER COUNTY BOARD OF EDUCATION November 7, 2017 Operations Division Item: Joint Resolution Between New Hanover County and New Hanover County Board of Education Regarding Newland Communities (RiverLights). Background/Historical Context: Newland Communities is the developer of RiverLights, located along River Road in Wilmington, NC. In accordance with their Development Agreement with the City of Wilmington, Newland Communities shall reserve a site of no less than fifteen (15) acres in size for an elementary school. If New Hanover County and the New Hanover County Board of Education decide within the first twenty (20) year term of this Agreement that an elementary school located within RiverLights is needed to adequately serve this section of the county, and provided that a suitable location within RiverLights can be agreed upon, then Newland Communities shall dedicate that tract to the New Hanover County Board of Education in fee simple along with other necessary easements for utilities and access. Recommendation: Approval Rationale for Recommendation: The Resolution will provide notice to Newland Communities in accordance with their Development Agreement with the City of Wilmington of the need for an elementary school site to adequately serve this section of the county. Short and Long Term Impact: The Resolution will allow the School System to work with Newland Communities to identify a suitable site for the elementary school, and develop preliminary budgets and a projected timeline for the new school. Neither the County nor the School System have identified funding for construction of the new school. Supporting Documentation: Resolution of New Hanover County and New Hanover County Board of Education V Accepted Recommendation Acce Board Action: p Recommendation Rejected Tabled for Further Study Other Exhibit J-L Book �L Page � RESOLUTION OF NEW HANOVER COUNTY BOARD OF COMMISSIONERS AND NEW HANOVER COUNTY BOARD OF EDUCATION WHEREAS, New Hanover County and New Hanover County Board of Education are responsible for providing adequate educational school facilities to meet a growing population of students; and WHEREAS, Newland Communities is the developer of RiverLights, a 1,400 -acre planned community located along River Road in Wilmington, North Carolina; and WHEREAS, Newland Communities, through a Development Agreement with the City of Wilmington recorded with the Registry of Deeds Office in Book 5415, page 2124, shall reserve a site no less than fifteen (15) acres in size for an elementary school; and WHEREAS, in accordance with the same Development Agreement, New Hanover County and New Hanover County Board of Education must notify Newland Communities within the first twenty (20) years of the agreement that an elementary school located within RiverLights is needed to adequately serve this section of the County; and WHEREAS, provided that a suitable location within RiverLights can be agreed upon, then Newland Communities shall dedicate that tract to New Hanover County Board of Education in fee simple along with other necessary easements for utilities and access. IT IS THEREFORE RESOLVED, New Hanover County and New Hanover County Board of Education hereby provide notice in accordance with the aforementioned Development Agreement that an elementary school located within RiverLights is needed to adequately serve this section of the County and it is the desire of New Hanover County Board of Education to proceed with planning of this future elementary school. ADOPTED this -t�- day of (/ V ©V P.M (qer 2017. NEW HANOVER COUNTY BOARD OF COMM S ERS 1 � Woody White, Chairm -0117 Lorri 04 e A— 4 Skip Watkirf, Vice Chairman NEW HANOVER COUNTY BOARD OF EDUCATION Edward B. Higgins, r., Chai n C -�,% eannette S. Nichols, Vie Chairman