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1999-10-18 RM Exhibits NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 09/30/99 CURRENT TAX YEAR - 1999 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES ---------- REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS AD VALOREM --------------- $ 17,390,208.16 2,312,628.14 52,714.91- --------------- $ 19,710,121.93 .00 37,347.39 8,130.00 --------------- $ 79,756,199.32 6,135,363.13- --------------- $ 13,620,835.59 - 7.69%* $ 2,824,866.85 4,704.44 19, 718.70- --------------- $ 2,809,852.59 509,362.24- --------------- $ 2,300,490.35 18.13% SEP 1999 -------------- 315,822.30 1,791.50 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR CITY OF wILMINGTONt WRIGHTSVIlLE BEACH, CAROLINA BEACH TO DATE - $IL,925,786.54. THIS REPORT IS FOR FISCAL YEAR BEGINN~N.~G ULY 1, RE~CTFUlLY SUBMITTED, ~ Yet\.... l;", ~. {),. ~J r,l3Y' PATRICIA J. R YN R' ~ COLLECTOR OF R ENUE * COMBINED COLLECTION PERCENTAGE - ) CONSENT AGENDA DATE:__.::.______ ITEM NO.______ MOTOR VEHICLE --------------- $ 2,597,823.63 9,029.36 24,462.84- --------------- $ 2,5B2,390.15 .00 .00 .00 --------------- $ 2,5B2,390.15 1,413,537.07- --------------- $ 1,108,853.08 57.06%* FISCAL YTO -------------- 1,09B,595.51 9,627.88 NEW HANOVER COUNTY, BEACH AND KURE 9.24% 1999. CONSENT AGENDA DATE:__.::.______ ITEM NO.______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 09/30/99 CURRENT TAX YEAR - 1999 ----------------------- ORIGINAL TAX LEVY PER SCROLL AD VALOREM --------------- $ 2,060,?'n.51 MOTOR VEHICLE --------------- $ 50,57(,.5!l \ CONSENT AGENDA DATE:__..:.______ ITEM NO.______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 09/30/99 CURRENT TAX YEAR - 1999 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDEO LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANOING BALANCE PERCENTAGE COLLECTED BACK TAXES ---------- AO VALOREM --------------- $ 2,060,293.51 B2,959.33 39,227.48- --------------- $ 2,104,025.36 796.41 --------------- $ 2,104,B21.71 173,831.01- --------------- $ 1,930,990.76 B.26%* REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR R~ECTFULLY SUBMITTED, . a {)... ~ "eV" Cl rn ( , '" .':n C PATRICIA J. OR 1 COLLECTOR OF REVENUE 55,05B.7) 44.00 548.67- --------------- $ 54,554.06 10,250.28- --------------- $ 44,303.78 18.79% BEGINNING JULY 1, 1999. ~ * COMBINED COLLECTION PERCENTAGE - 9.43% MOTOR VEHICLE --------------- $ 50,576.5B 229.43 446.39- --------------- $ 50,359.62 .00 --------------- $ 50,359.62 29,408.72- --------------- $ 20,950.90 58.40%* ....~c ..', "\~...,,~<~'. J',.. New Hanover County Board of Commissioners RESOLUTION WHEREAS, the Eastern region of the State of North Carolina, comprising about one third of the State's land area, has been devastated by a direct hit and flooding caused by Hurricane Floyd; and WHEREAS, the people, communities, schools, and businesses of this region are suffering from this natural disaster unlike anything ever seen in this State; and WHEREAS, Governor James B Hunt has visited and surveyed the devastated areas and has shown exemplary leadership in focusing the nation's attention and resources towards helping families and initiating efforts of recovery, rebuilding and redevelopment of the impacted neighborhoods, communities, towns and counties; NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners strongly endorses and supports the Governor Hunt's Hurricane Floyd Emergency Appropriation Request totaling $2.198 billion in federal funds and grants as a component of the funding required to address this tragic situation. The board further requests the rapid approval of these funds by the Congress of the United States to address immediate recovery efforts and to begin to restore the affected communities and counties in order to regain the future of this region. Adopted this the 7th day of October, 1999 D~ ()-~ William A. Caster, Chairman Attest: . / ():J ,.I ~;( ~ ./ ~o the Board ~i~).~5? ~'.,..:1::,:' RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of the Volund burning unit is required in the routine operation of the W ASTEC Facility; AND WHEREAS, replacement parts are needed to complete scheduled maintenance repairs to the existing Voltmd burning unit; AND WHEREAS, Ansaldo Volund AIS holds all the drawings and specifications to the required replacement parts; AND WHEREAS, General Statute 143-129(f) allows an exemption from formal bidding for purchase contracts when a needed product is available from only one source of supply; AND WHEREAS, the W ASTEC staff has explored options and has been able to find the replacement parts only from the manufacturer; AND WHEREAS, funds have been previously appropriated a~d are now in Account No. 700-485-4195-3920-25 to cover this contract, contract amount of seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); AND WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to Ansaldo Volund AIS, the sole source for these parts; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract # 00-0163 for Volund grate parts for the W ASTEC Facility of the Environmental Management Department, be awarded to .Ansaldo Volund A1S in the amount of seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 18th day of October, 1999 (SEAL) 1J~C~ Chairman, Board of County Commissioners .. INTRODUCTED BY: Allen O'Neal, County Manager DATE: RESOLUTION AUTHORIZING CONVEYANCE OF ONE LOT TO WILMINGTON-NEW HANOVER COMMUNITY DEVELOPMENT CORPORATION RESOLVED: The New Hanover County Commission herby approves the conveyance of the following lot to Wilmington-New Hanover Community Development Corporation for the construction of single-family owner-occupied residences. Parcel Number 3117-83-5825000 Address 117 Wright Street Size 33' x 84" Tax Value $7,16100 2. The conveyance shall be subject to the conditIOn that the lots be used to construct single-family owner-occupied residence for low to moderate-income citizens in accordance with requirements adopted by resolution on Apn119, 1994 3 The deed for conveyance for the lots shall not be delivered until ten days after notice of the conveyance has been advertised, as required by G.S. 160A-267 4 Conveyance is subject to approval by the Wilmington City Council for their ownership share in the property Ado~at a regular meeting On /1 ,191L Attest: CJl:it/~ CI k to the Board New Hanover County Board of Commissioners V~Q~ Chaimlan CITY OF WILMINGTON AND NEW HANOVER COUNTY NOTICE OF CONVEYANCE OF PROPERTY BY PRIVATE SALE Please take notice that the Wilmington City Council adopted a resolution dated October 6,1999, and the Board of Commissioners of New Hanover County adopted a resolution on October 18, 1999, authorizing the conveyance by private sale to the Wilmington-New Hanover Community Development Corporation, a non-profit corporation, for the following described property. 117 Wright Street Parcel Number' R03117-83-5825.000 This property will be conveyed to Wilmington-New Hanover Community Development Corporation without monetary consideration to be used in a program with the purpose of constructing a single-family residence for lower and moderate income persons or families. This conveyance is made pursuant to the authority of G.S. 160A-279 for the public purpose of providing lower and moderate income housing. The conveyance shall not be consummated until ten (10) days after the publication of this notice. A. Penelope Spicer-Sidbury, City Clerk City of Wilmington Lucie Harrell, County Clerk New Hanover County Advertised: October 23, 1999 ,{ , .' INTRODUCTED BY: Allen O'Neal, County Manager DATE: RESOLUTION AUTHORIZING CONVEYANCE OF ONE LOT TO CAPE FEAR HABIT AT FOR HUMANITY RESOLVED: The New Hanover County Commission herby approves the conveyance of the following lot to Cape Fear Habitat for Humanity for the construction of single- family owner-occupied residences, Parcel Number 3128-17-0102.000 Address 612 N 7th Street Size 33'xI66" Tax Value $5,128.00 2. The conveyance shall be subject to the condition that the lots be used to construct single-family owner-occupied residence for low to moderate-income citizens 111 accordance with requirements adopted by resolution on April 19, 1994 3 The deed for conveyance for the lots shall not be delivered until ten days after notice of the conveyance has been advertised, as required by G.S 160A-267 4 Conveyance is subject to approval by the Wilmington City Council for their ownership share in the property AdO~ at a regular meetll1g On . d ,19!:L- Attest: New Hanover County Board of Commissioners 'tJ~ Q_ ~ Chaimlan . , CITY OF WILMINGTON AND NEW HANOVER COUNTY NOTICE OF CONVEYANCE OF PROPERTY BY PRIVATE SALE Please take notice that the Wilmington City Council adopted a resolution dated October 6, 1999, and the Board of Commissioners of New Hanover County adopted a resolution on October 18, 1999, authorizing the conveyance by private sale to Cape Fear Habitat for Humanity, a non-profit corporation, for the following described property' 612 North 7"' Street Parcel Number' R03128-17-0102.000 This property will be conveyed to Cape Fear Habitat for Humanity without monetary consideration to be used in a program with the purpose of constructing a single-family residence for lower and moderate income persons or families. This conveyance is made pursuant to the authority ofG.S. 160A-279 for the public purpose of providing lower and moderate income housing. The conveyance shall not be consummated until ten (10) days after the publication of this notice. A. Penelope Spicer-Sidbury, City Clerk City of Wilmington Lucie Harrell, County Clerk New Hanover County Advertised: October 23, 1999 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10'00 a.m., on the 30th day of September, 1999, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for two (2) trucks for the Animal Control Division of the Health Department, Bid # 00-0106 Bob King GMC $40,79612 AND WHEREAS, the Animal Control Director, the Finance Director, and the County Manager recommend that the contract be awarded to Bob King GMC of Wilmington, North Carolina, the only responsible bidder, in the amount of forty thousand seven hundred ninety-six dollars and twelve cents ($40,796.12), AND WHEREAS, funds have been previously appropriated and are now in Account No 110-510-5114-6450 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for two (2) trucks for the Animal Control Division of the Health Department, Bid # 00-0106 be awarded to Bob King GMC in the amount of forty thousand seven hundred ninety-six dollars and twelve cents ($40,79612), and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 18th day of October, 1999 (SEAL) 1J~Q-~ Chairman, Board of County Commissioners ATTEST ~~;/)I~- CI to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the use of the Volund burning unit is required in the routine operation of the W ASTEC Facility; AND WHEREAS, replacement parts are needed to complete scheduled maintenance repairs to the existing Volund burning unit; AND WHEREAS, Ansaldo Volund A/S holds all the drawings and specifications to the required replacement parts; AND WHEREAS, General Statute 143-129(1) allows an exemption from formal bidding for purchase contracts when a needed product is available from only one source of supply; AND WHEREAS, the W ASTEC staff has explored options and has been able to find the replacement parts only from the manufacturer; AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4195-3920-25 to cover this contract, contract amount of seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); AND WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to Ansaldo Volund NS, the sole source for these parts; NOW, THEREFORE, BE IT RESOL VED by the Board of County Commissioners of New Hanover County that the contract # 00-0163 for Volund grate parts for the W ASTEC Facility of the Environmental Management Department, be awarded to Ansaldo Volund A/S in the amount of seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 18th day of October, 1999 viJ4~ Q.~ Chairman, Board of County Commissioners RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at II :00 a.m., on the 30th day of September, 1999, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a wheel loader/integrated tool carrier for the Vector Control Division of the Health Department, Bid # 00-0135 E. F Craven Company Mitchell Distributing Company R. W Moore $ 88,217.00 $ 93,254.00 $ 98,303.00 $107,000.00 $125,486.00 North Carolina Equipment Company Gregory Poole Equipment Company AND WHEREAS, after review by the staff, it has been determined that the optional forks attachment quoted at three thousand six hundred fourteen ($3,614 00) dollars be purchased with this equipment and the associated cost be added to the total amount resulting in a contract price of ninety-one thousand eight hundred thirty-one dollars ($91,831.00); AND WHEREAS, the Finance Director, and the County Manager recommend that the contract be awarded to North Carolina Equipment Company of Wilmington, North Carolina, the lowest responsible bidder, in the amount of Ninety-one Thousand Eight Hundred Thirty Dollars ($91,830.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 110-510-5112-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for a wheel loader/integrated tool carrier for the Vector Control Division of the Hcalth Department, Bid # 00-0135 be awarded to North Carolina Equipment Company in the amount of ninety-one thousand eight hundred thirty-one dollars ($91,831.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 18th day of October, 1999 ER tJ~O~ Chairman, Board of County Commissioners _. --.. Resolution of Intent to Close a Portion of Unnamed Road ( Middle Sound Community ) Whereas, a petition has been filed pursuant to NCGS l53A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a public road; Beginning at the northwest corner oftract 2 (Book 2, Page 128 ofC.N. Dunn Place) which is the western right of way of unnamed road, commencing from said point 200 feet southeast to the northeast corner of tract 2, thence 30 feet northeast which is the southeast corner of tract 3 (Book 2, Page 128 ofC.N Dunn Place) which is the eastern right of way of unnamed road, thence 200 feet southwest to a point in tract 3, eastern right of way of unnamed road thence from said point 30 feet southeast to point of beginning ( exhibit of area attached). Now therefore, be it resolved that this Board is considering closing a portion of Unnamed Road to public use, and that a public hearing on this question will be held on the 6th day of December 1999, at 7.30 p.m. in the Assembly Room of the Old County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover Board of Commissioners on the 18th October, 1999 tJ~ {/~ William A. Caster, Chairman Attest: RESOLUTION NO. 99- " A RESOLUTION GRANTING THE CONSENT OF NEW HANOVER COUNTY TO THE TRANSFER OF CONTROL OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE FROM FALCON CABLE MEDIA TO CHARTER COMMUNICATIONS HOLDING COMPAl'o'Y, LLC WHEREAS, Falcon Cable Media ("Franchisee") holds a valid franchise (the "Franchise") to operate a cable television system ("Cable System") in New Hanover County, North Carolina ("Franchising Authority"), and WHEREAS, Charter Communications, Inc, ("CCI") and certain affiliates of the Franchisee (including the Franchisee's ultimate parent company, Falcon Communications, L.P., hereinafter "FCLP") have entered into a purchase and contribution agreement (the" Agreement") dated May 26, 1999, pursuant to which CCI's affiliate, Charter Communications Holdings, LLC, ("Charter") will acquire control ofFCLP (the "Transaction"); and WHEREAS, the Franchisee and Charter have requested consent by the franchising authority to the Transaction, and in connection therewith, the Franchisee filed an FCC Form 394, (Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise) with the franchising authority on or about July 16, 1999; and WHEREAS, the Franchising Authority has conducted a thorough review and investigation into the legal, technical, and financial qualifications of the Applicant and the Transferee to own and operate the Cable System, and WHEREAS, Franchisee is not in compliance with Section 6-122(1)(b) of Article VI of the New Hanover County Code relating to customer service standards; and WHEREAS, the Franchising Authority receIved and reviewed the report of its cable television consultant concerning the legal, technical and financial qualifications of the Transferee and provided an opportunity for public comment; and WHEREAS, following further review and investigation, the Franchising Authority has concluded that the Transferee has established that it meets the legal, technical and financial criteria to operate the Cable System and has satisfied all criteria set forth in and/or under all applicable or required local government and federal documents, laws, rules and regulations, including FCC Form 394, and contingent upon Charter meeting all of the requirements set forth below NOW, THEREFORE, BE IT RESOLVED that in consideration of the foregoing and the promises set forth herein, the Franchising Authority and Charter agree to the following: 1 The Franchising Authority consents to the Transaction, effective immediately upon the closing of the transactions contemplated by the Agreement, provided that said closing takes place prior to January 1, 2000 2. The Franchising Authority confirms (a) that the Franchise held by the Franchisee is valid and in full force and effect, and (b) that the Franchisee will be in material compliance with the Franchise, if the other conditions set forth In this ResolutIOn are satIsfied. 3 Charter (a) agrees to be bound by the Franchise and perform all duties and obligations thereunder; (b) represents and warrants that Charter is able to provide and agrees to provide all services under said Franchise; (c) acknowledges and agrees that Charter is subject to the regulatory authority of the Grantor as provided by state and federal law; and (d) agrees to cooperate fully with the Franchising Authority and to obtain from any governmental agency having jurisdiction all licenses, permits and other authority necessary for lawful operation and maintenance of the Cable System. 4 The past performance of the Franchisee and FCLP under the Franchise is not waived by the Franchising Authority consenting to this transfer and adopting this Resolution. 2 Charter agrees to be responsible for and bound by the breaches and nonperformance, if any, by Falcon Cable Media and FCLP of the franchise prior to this transfer New Hanover County may, after consummation of the transaction described above, consider in any subsequent renewal proceeding the past performance of Falcon Cable Media and FCLP to the extent permitted under 47 U S.C 9546, as ifit were the past performance of Charter 5 Charter shall bring the system into full compliance with Section 6-122 of Article VI of the New Hanover County Code within one hundred eighty (180) days of closmg. 6 Charter agrees that the revaluation of the Cable System assets resulting from the Transfer and the Agreement shall not be the basis for any future rate increases for any regulated cable service, including, but not limited to, basic cable service, equipment rentals and installation costs. 7 Upon acceptance of this Resolution and the Franchise, by signing below, Charter may (a) assign or transfer its rights in the Cable System and/or the Franchise to a parent, subsidiary or affiliate of Charter to any other entity under the direct or indirect control of Paul ,Allen; (b) restructure the debt or change the ownership interest among existing equity participants in Charter and/or its affiliates; (c) pledge or grant a security interest to any lender(s) of Charter's assets, mcluding, but not limited to the Franchise, or of interest in Charter, for purposes of securing an indebtedness; (d) sell capital stock of Charter, or any of Charter's affiliate companies in a transaction commonly known as an "initial public offering," all without obtaining prior consent of Franchising Authority, provided that: Charter represents in writing to the Franchising Authority that any such transaction will not materially affect compliance with the Franchise and that any affiliated Charter entity with an ownership interest in the franchise 3 shall fully comply with the terms of the Franchise; provided further that said Transaction takes place prior to January 1, 2000 8 Within thirty (30) days following the adoption of this Resolution, Falcon shall pay the sum ofTen Thousand Dollars ($10,000) to New Hanover County to reimburse New Hanover County for its expenses in connection with this transfer 9 This ResolutlOn shall become effective on the date of its passage. -- PASSED, ADOPTED AND APPROVED, thIs the//"4. day of @~ ,1999 NEW HANOVER COUNTY By 1J~G ~ Chairman ATTEST ~(/ ddA lerk ofthe B~ard -- (SEAL) WE CONSENT TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS RESOLUTION DATE OF ACCEPTANCE. /0 is Clq CHARTER COMMUNICATIONS HOLDING COMP,ANY, L.L.c. ^ , ,) I " By ! ice! I/J[Yh'I'A M. Celeste Vossmeyer Vice President ATTEST Ii . '} / .t{'0,yK-0L By', TFu McColl~ Foushee Vice President) 4 CORPORATE GUARANTY OF CHARTER COMMUNICA nONS HOLDINGS, LLC This Corporate Guaranty ("Guaranty") is executed as of the day of September, 1999, by Charter Communications Holdings, LLC, ("Guarantor"), for the benefit of New Hanover County ("Authority"). WITNESSETH. WHEREAS, pursuant to the cable television franchise (the "Franchise") between the Authority and Falcon Cable Media ("Franchisee"), a wholly owned subsidiary of Falcon Communications, L.P., ("FCLP"), and certain agreements, understandings and Franchise amendments related thereto, FCLP has certain obligations related to the provisions of cable television and related services for the Authority's citizens; and WHEREAS, Charter Communications, Inc., ("CCI") and certain affiliates of the Franchisee (including the Franchisee's ultimate parent company, Falcon Communications, L.P., hereinafter "FCLP") have entered into a purchase and contribution agreement (the "Agreement") dated May 26, 1999, pursuant to which CCI's affiliate, Charter Communications Holdings, LLC, ("Charter") will acquire control ofFLCP (the "TransactIOn"); and WHEREAS, the Authority's consent to the change of control of the FranchIse which will result from the Transaction is required, and WHEREAS, the Authority is not willing to consent to the change of control of the Franchise which will result from the Transaction unless the Guarantor unconditionally guarantees the payment, obligations and performance of Franchisee pursuant to the terms of the Franchise and certain agreements, understandings and Franchise amendments related thereto. NOW, THEREFORE, as a condition of Authority's consent to the change of control of Franchise, the parties do hereby agree as follows: 1 Guarantor irrevocably and unconditionally guarantees to the Authority or its successor and assigns prompt and satisfactory payment and performance by the Franchisee of the Franchise and those certain agreements, understandings and Franchise amendments related thereto, and all applicable federal, state and local laws, ordinances and regulations. 2. This Guaranty shall be effective upon the opening of business on the date when the Transaction is closed, and shall run throughout the term of the Franchise and any renewal or extension thereof, except that this Guaranty shall terminate at such earlier time that Guarantor lawfully transfers ownership or control of the franchise-holding entity in accordance with the Franchise and applicable federal, state and local law, including receipt of consent from Authority for such transfer 3 In the event that Guarantor should breach or fail to timely perform any of the obligations required by this Guaranty, Guarantor shall pay Authority all costs and expenses (including court costs and attorneys' fees) incurred by Authority in the successful enforcement hereof 4 Guarantor represents and warrants that the execution, delivery and performance by Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder do not, and will not, contravene or conflict with any law, statute, or regulation whatsoever to which Guarantor is subject or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, or result in the breach of, any indenture, mortgage, deed of trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a party or which may be applicable to Guarantor This Guaranty is a legal and binding obligation of Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to the enforcement of creditors' rights. 5 The Guarantor agrees that no failure to exercise, and no delay in exercising, on the part of the Authority, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the Authority hereunder shall be in addition to all other rights provided by law No modification or waiver of any provision of this Guaranty, nor consent to departure therefrom, shall be effective unless in writing and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand. 6 This Guaranty shall be governed by and construed in accordance with the laws of the State of North Carolina and the applicable laws of the United States of America. 7 This Guaranty may be amended only by an instrument in writing executed by the party or an authorized representative of the party against whom such amendment is sought to be enforced. IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by its authorized officers as of the day and year first above written. CHARTER COMMUNICATIONS HOLDINGS, LLC By Title: Vir" .! V shall fully comply with the terms of the Franchise, provided further that said Transaction takes place prior to January 1,2000 8 Within thirty (30) days following the adoption of this ResolutIOn, Falcon shall pay the sum ofTen Thousand Dollars ($10,000) to New Hanover County to reimburse New Hanover County for its expenses in connection with this transfer 9 This Resolution shall become effective on the date of its passage. --- PASSED, ADOPTED AND APPROVED, this thelcf~ day of @~ ,1999 NEW HAt~OVER COUNTY By' 1J~C ~ Chairman ATTEST ~~/ d~ lerk ofthe Board -- (SEAL) WE CONSENT TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS RESOLUTION DATE OF ACCEPTAt'lCE. Ie /' /f / Ci ..) t-!'T CHARTER COMMUNICATIONS HOLDING COMPANY, LLC ^ ; 'I J 1/1 1I1J/1 'I By- , / L ~/I' ,)lIr f i ',-,Cv M. Celeste Vossmeyer (, Vice President . A TT2iJ!i (' , , ~ ~ ,f , " ~ , -7 By ,'\ \ 'rlV[,uy '~L Trudi McCollum Foushee Vice Presiden tl 4 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: PLANTATION ROAD WHEREAS, the aI/ached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the aI/ached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportationfor the addition ofroads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners ofthe County of New Hanover at a meeting on the 18TH day of October. 1999 WITNESS my hand and official seal this the / f ~ day of ~vf)~ J 1999 ~/v ~.b1 Cler to the Board - New Hanover County Board of Commissioners Fonn SR-2 Please Note: Forward directly to the District Engineer. Division of Highways. resolute. wp NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: ROADS IN MIDDLE POINT SUBDIVISION WHEREAS, the attached petition has been filed with the Board o/County Commissioners o/the County 0/ New Hanover requesting that the above described road(s), the location o/which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board 0/ County Commissioners is 0/ the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division o/Highways o/the Department o/Transportation/or the addilion,o/roads to the System, NOW, THEREFORE, be it resolved by the Board o/Commissioners o/the County o/New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria, CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 18TH day of OCTOBER. 1999 WITNESS my hand and official seal this the /.t 4 day of rfk;~ .J 1999 ~, 't;;(.~-H Cler to the Board New anover County Board of Commissioners Form SR-2 Please Note': Forward directly to the District Engineer; Division of Bighways. resolute.wp NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road( s) Description: ROADS IN GROVE POINT SUBDIVISION WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 18TH day of October. 1999 WITNESS my hand and official seal this the /f.JA.. day of ~~/ 1999 ~~.'(~~ Cler to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of H~ghways. resolute.tip NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDmON TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: ROADS IN BRENWYCK SUBDIVISION (DIV FILE NO 966-N) WHERE4S, the attached petition has beenjiled with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHERE4S. the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition ofroads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and.to toke over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 18TH day of October. 1999 WITNESS my hand and official seal this the /I'~ day of (/~ 1999 ~~- ~)(' /~ Cle . to the Board . New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute. wp