HomeMy WebLinkAboutAgenda - 10-18-2016 - 6-b - Fiscal Year 2016-17 Budget Amendment #2 1
ORD-2016-035
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 18, 2016
Action Agenda
Item No. 6-b
SUBJECT: Fiscal Year 2016-17 Budget Amendment #2
DEPARTMENT: Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
Attachment 1. Budget as Amended Paul Laughton, (919) 245-2152
Spreadsheet Gary Donaldson, (919) 245-2453
Attachment 2. Year-To-Date Budget
Summary
Attachment 3. Community Loan Fund
November 20, 2012
Agenda Abstract
PURPOSE: To approve budget, grant, and capital project ordinance amendments for fiscal year
2016-17.
BACKGROUND:
Department on Aging
1. The Department on Aging has received additional revenue for the following programs:
• Health Promotion Activities — receipt of an additional $5,945 from the N.C.
Division of Aging and Adult Services for evidence-based health promotion
activities.
• Senior Health Insurance Information Program (SHIIP) — receipt of $4,802 from
the N.C. Department of Insurance. This is a volunteer driven program that focuses
on annual re-enrollment of insurance and helping seniors to better understand
their benefits.
• Volunteer Income Tax Assistance (VITA) (United Way Funding) — receipt of
$6,859 from the Triangle United Way through the Compass Center for Women and
Families for support of the federal VITA tax preparation service. These funds will
be used to pay for additional personnel and supply costs.
• Family Caregiver Support Program — receipt of an additional $11,825 from the
N.C. Division of Aging and Adult Services for caregiver services.
2
• Senior Lunch Programs — additional funds of $10,333 awarded from the Home
and Community Care Block Grant through the Triangle J Area Agency on Aging to
purchase meals and related supplies for the Senior Lunch Programs at the
Seymour and Central Orange Senior Centers. This increases the Congregate
Meals award to $149,284 for FY 2016-17.
• State Senior Center General Purpose funds — receipt of an additional $7,250
from the N.0 Division of Aging and Adult Services General Purpose funding, to be
used to cover program supplies.
This budget amendment provides for the receipt of these additional funds in FY 2016-17.
(See Attachment 1, column 1)
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are
applicable to these agenda items:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
Evidence-based exercise programs and support for caregivers can reduce injuries and
stress for older adults and their caregivers.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
Free return preparation by trained volunteers netted $1.6 million dollars in tax savings last
year.
County Manager's Office
2. The Orange County Partnership to End Homelessness request to appropriate fund
balance from the Community Development Fund in the amount of $2,885 to increase
student intern hours. This will support Project Connect, a biannual event, which brings
multiple community partners in touch with the homeless population to provide free, basic
services and inform them of resources available to them in the community.
This budget amendment provides for the receipt of these additional funds. (See
Attachment 1, column 2)
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact
associated with these items.
Department of Social Services
3. The Department of Social Services has received $3,968 in donations, and based on
historical collections, the department anticipates receiving an additional $15,000 in
donated funds, both to support the Annual Toy Chest Drive in December. This budget
amendment provides for the receipt of these funds, and is budgeted in the Adoption
Enhancement Fund, outside of the General Fund. (See Attachment 1, column 3)
3
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable
to this agenda item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION
AND INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
The Department of Social Services manages various donation programs including Toys for
Tots to assure that any available programs are accessible to all low income families.
Asset Management Services
4. Clean Fuel Advanced Technology (CFAT) Propane Vehicle Grant — The Asset
Management Services department has agreed to a voluntary reduction in the amount of
funding awarded for the CFAT Propane Vehicle Grant due to the actual project costs
being less than initially anticipated. The County's required match for the grant is also
reduced proportionally. Additionally, this amendment extends the duration of the grant
through May 31, 2016. (See Attachment 1, column 4)
Clean Fuel Advanced Technology Propane Vehicle Grant (Project#71325)
Revenues for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Clean Fuels Tech Grant $84,840 ($18,490) $66,350
From County Capital $21,773 ($4,623) $17,150
Total Project Funding $106,613 ($23,113) $83,500
Appropriated for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Construction $106,613 ($23,113) $83,500
Total Costs $106,613 ($23,113) $83,500
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are
applicable to these agenda items:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
4
5. At its June 21, 2016 meeting, the Board of County Commissioners approved as part of
Budget Amendment #10 the receipt of $5,230 in donated funds to the County's
Community Giving Fund to cover the costs of a storage shed to be installed at the Robert
and Pearl Seymour Center in Chapel Hill. This technical amendment provides for the
receipt of these funds and the budgeting of these funds in the appropriate revenue and
expenditure accounts within Asset Management Services for the above mentioned
purpose. (See Attachment 1, column 5)
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal associated with
this item.
Cardinal Innovations Healthcare - OPC Community Office
6. The FY 2016-17 Approved Budget included an appropriation of $1,328,474 to Cardinal
Innovations Healthcare, a Managed Care Organization and Area Authority for the
Orange-Person-Chatham (OPC) community office, for mental health, developmental
disabilities, and substance abuse services. After the budget approval, County staff and
Cardinal Innovations Healthcare staffs have revised the amount of maintenance of effort
funds provided to Cardinal Innovations to $1,147,474. This revision includes moving
$181,000 to the County Manager's Office and Health Department for direct services
related to a Jail Services Case Management position within the County Manager's
Criminal Justice division, a Behavioral Health Social Work Clinical Specialist position
within the Health Department, and an additional $21,000 directed through the Health
Department for El Futuro. This action represents no reduction in planned total
expenditures. The budget amendment provides for the decrease of $181,000 in the
maintenance of effort allocation to Cardinal Innovations, and a total increase of $181,000
in the County Manager's Office and Health Department for the above mentioned
purposes. (See Attachment 1, column 6)
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal associated with
this item.
Southern Orange Campus Capital Project
7. To date, the Southern Orange Campus Capital Project has only included Site Master
Plan work with funding of $400,000 approved in FY 2014-15. The Southern Orange
Campus master plan, approved by the Board of County Commissioners and the Town of
Chapel Hill in the summer of 2014, contemplated a sidewalk extension connecting the
Weaver Dairy Road Extension intersection with the existing sidewalk on the southern
side of Homestead Road fronting the Robert and Pearl Seymour Center. The need for
this sidewalk has been accelerated due to safety concerns, and this budget amendment
provides for the re-allocation of $100,000 from the currently approved $400,000 from the
professional services account into a construction account within the project to cover the
costs of the sidewalk construction, and amends the following Southern Orange Campus
Capital Project Ordinance:
Southern Orange Campus (Project#10052)
Revenues for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Alternative Financing $400,000 $0 $400,000
Total Project Funding $400,000 $0 $400,000
5
Appropriated for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Professional Services $400,000 ($100,000) $300,000
Construction $0 $100,000 $100,000
Total Costs $400,000 $0 $400,000
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal associated with
this item.
Community Loan Fund — Technical Amendment
8. At its November 20, 2012 meeting, the Board of County Commissioners approved an
appropriation of $100,000 from General Fund available fund balance for the
establishment of a Community Loan Fund for water and sewer connections for residents
of the Efland and Rogers Road areas of Orange County (See Attachment 3). The
maximum loan amount per household is $10,000. Although approved by the BOCC in
2012, the appropriation transfer was never recorded in order to establish and administer
the Fund. This technical amendment provides for the appropriation of $100,000 from the
General Fund's Unassigned Fund Balance for the above stated purpose. (See
Attachment 1, column 7)
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable
to this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
Emergency Medical Services (EMS) Substations Capital Project—Technical Amendment
9. The Board of County Commissioners approved $500,000 in the FY2016-17 Capital
Investment Plan to contribute to a co-located Fire/EMS Station on Hamilton Road in the
Town of Chapel Hill. The developer constructing the facility requested additional funding
from the Town and the County due to rising construction cost estimates related to the fire
and EMS portions of the building. This technical amendment allocates unused planning
and design funds to increase the County's construction contribution by $20,000, and
amends the following EMS Substation Capital Project Ordinance:
EMS Substations (Project#10052)
Revenues for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Alternative Financing $500,000 $0 $500,000
From General Fund (PAYG) $50,000 $0 $50,000
Total Project Funding $550,000 $0 $550,000
6
Appropriated for this project:
Current FY FY 2016-17 FY 2016-17
2016-17 Amendment Revised
Professional Services $50,000 ($20,000) $30,000
Construction $500,000 $20,000 $520,000
Total Costs $550,000 $0 $550,000
FINANCIAL IMPACT: Financial impacts are included in the background information above.
This budget amendment provides for the receipt of these additional funds and increases the FY
2016-17 budget in the General Fund by $52,244; increases the Community Development Fund
(Partnership to End Homelessness Grant Program) by $2,885; increases the Adoption
Enhancement Fund by $18,968; decreases the Grant Projects Fund by $23,113; and increases
the Community Loan Fund by $100,000.
RECOMMENDATION(S): The Manager recommends the Board approve budget, grant, and
capital project ordinance amendments for fiscal year 2016-17.
Attachment 1. Orange County Proposed 2016-17 Budget Amendment
The 2016-17 Orange County Budget Ordinance is amended as follows: 7
#t.Department on Aging- #7 Technical
Ge eal FU no atlditional Amendment to
Heath Promotion #5 Receipt of donated #6 Reappropdation of appropriate$100,000
Activities($5,945),Senior funds($5,230)through maintenance of effort from the General Fund's
#3 Department of Social Unassigned Fund
Health Insurance lmormalion #2.County Manager Off e- ption #4.Asset Management- the Community Giving fund.($181 from
Encumbrance Budget as Amended P Services-Ado Balancetoestablishthe
g Program -AppraTyDevebpmea Fund Voluntaryreduction of Fund to cover the costs OPC Community Office B Through Amended
Original Budget Budget as Amended Income Tax Assistance fmm A fated Fund Balance Enhancement Fund forthe ioy gram award and match of a storage had to Im Cardinal In to Community Loan Fund
Carry Forwards Through BOA#1-A - PProPr venues Annual Toy Toys , for water,and
sewer Through BOA#2
Unitedi-,Sup,659),Family for OCPEH Student IMem re requirement insfalledarl themour the County he Heaps
Caregiver SuppoM1 Program for Tots Annual TOy Chest and Pearl Seymour Office and the Health connections for
($11,825),Senior Lunch Center. Department residents of the Elland
Program from TJCOG am Rogers Road
($10,333) m nhas of Orange
County.
General Fund
Revenue
Property Taxes $ 149,498,811 $ $ 149,498,811 $ 149,498,811 $ $ $ $ $ $ $ $ 149,498,811
Sales Taxes $ 22,066,641 $ $ 22,066,641 $ 22,066,641 $ $ $ $ $ $ $ $ 22,066,641
License and Permits $ 328,000 $ $ 328,000 $ 328,000 $ $ $ $ $ $ $ $ 328,000
Intergovernmental $ 15,787,579 $ $ 15,787,579 $ 17 300131 $ 40,155 $ $ $ $ $ $ $ 17,340,286
Charges for Service $ 11,681,503 $ $ 11,681,503 $ 11,702,503 $ 11,702,503
Investment Earnings $ 155,000 $ 155,000 $ 155,000 $ 155,000
Miscellaneous $ 886,734 $ 886,734 $ 983,287 $ 6,859 $ 5,230 $ 995,376
Transfers from Other Funds $ 2,712,600 $ 2 712 600 $ 2 712 600 $ 2 712 600
Fund Balance $ 12 $ 12 726 944 $ 12 726 944 $ 100 000 $ 12:826:944
Total General Fund Revenues $ 215!8112311112 $ $ 215,843,812 $ 217,473,917 $ 47,014 $ $ $ $ 5,230 $ $ 100,000 $ 217 626 161
Ex nditures
Su ort Services $ 14,058,009 $ $ 14,058,009 $ 14,058,00 $ $ $ $ $ 5,230 $ $ $ 14,063,239
General Government $ 20,933,253 $ $ 20,933,253 $ 20,938,253 $ $ $ $ $ $ 68,735 $ $ 21,006,988
Community Services $ 13,664,700 $ $ 13,654,700 $ 13,673,813 $ $ $ $ $ $ $ $ 13,673,813
Human Services $ 37,249,977 $ $ 37,249,977 $ 38,760,969 $ 47,014 $ $ $ $ $ (68,735) $ $ 38,739,248
Public Safe $ 24,596,946 $ $ 24,596,946 $ 24,596,946 $ 24,596,946
Education $ 99,631,723 $ 99,631,723 $ 99,631,723 $ 99,631,723
Transfers Out $ 5,719,204 $ 5,719,204 $ 5,814,204 $ 100,000 $ 5,914,204
Total General Fund Appropriation $ 215,843,812 $ $ 215,843,812 $ 217,473,917 $ 47,014 $ $ $ $ 5,230 $ $ 100,000 $ 217,626,161
$ $ $ $ $ $ $ $ $ $ $ $
Community Development Fund
(Homelessness Partnership)
Revenues
Inter overnmental is 55,787 $ 55,787 $ 69 287 $ 69,287
ro riated Fund Balance $ 27,589 1 Is 27 589 $ 27 589 Is 2,885 1 $ 30,474
Transfer from General Fund $ 35,2 7 $ 35 667 $ 35 667 $ 35,667
Total Revenues $ 119,043 $ -Is 119,043 1$ 132,643 1$ - $ 2,885 1$ - $ - $ - $ - $ - $ 135,428
Ez nditures
Homelessness Partnership Program Is 119,043 1 Is 119,043 1$ 132,643 1 Is 2,885 1 $ 135428
t
Attachment 1. Orange County Proposed 2016-17 Budget Amendment
The 2016-17 Orange County Budget Ordinance is amended as follows: O
#t.Department on Aging- #7 Technical
Ge eal FU no atlditional Amendment to
Heath Promotion #5 Receipt of donated #6 Reappropdation of appropriate$100,000
Activities($5,945),Senior funds($5,230)through maintenance of effort from the General Fund's
#3 Department of Social Unassigned Fund
Health Insurance lmormalion #2.County Manager Off e- ption #4.Asset Management- the Community Giving fund.($181 from
Encumbrance Budget as Amended P Services-Ado Balancetoestablishthe
g Program Assistancenteer Community Fund Voluntayreduction of Fund to cover the costs OPC Community Office B Through Amended
Original Budget Budget as Amended Income Tax Assistance fmm A fated Fund Balance Enhancement FUnforthe ioy gram award and match of a storage had to Im Caminal In to Community Loan Fund
Carry Forwards Through BOA#1-A - PProPr venues Annual Toy Toys , for water,and
sewer Through BOA#2
Unitedi-,Sup,859),Family for OCPEH Student IMem re requirement insfalledarl themour the County he Heaps
Caregiver SuppoM1 Program for Tots Annual TOy Chest and Pearl Seymour Office and the Health connections for
($11,825),Senior Lunch Center. DeP_.rd
residents of the Efland
Program from TJCOG am Rogers Road
($10,333) m niles of Orange
County.
Grant Project Fund
Revenues
Inter overnmental $ 604,729 $ 604,729 $ 604,729 $ (18,490) $ 586,239
Char es for Services $ 65,000 $ 65,000 $ 65,000 $ 65,000
Transfer from General Fund $ 67,716 $ 67,Z1 6 $ 67 716 $ 67,716
Miscellaneous $ $ $ $
Transfer from Other Funds $ 21,773 $ 21,773 1$ 21773 $ 4623 $ 17150
Appropriated Fund Balance $ $ $ $
Total Revenues $ 759,218 $ - $ 759,218 $ 759,218 1$ - $ - $ - $ (23,113) $ - $ - $ - $ 736,105
Ez ndkures
CFAT Pro ane Vehicle Grant multi-ear $ 106,613 $ 106,613 $ 106,613 $ 23.113 $ 83,500
Support Services $ 106,613 $ - $ 106,613 $ 106,613 $ - $ - $ - $ (23,113) $ - $ - $ $ 83,500
Historic Resources In-to Grant $ 20.000 $ 20,000 $ 20.000 $ 200000
Community Services $ 20,000 $ $ 20,000 $ 20,000 $ $ $ $ $ $ $ $ 20,000
Senior Citizen Health Promotion Wellness $ 132.716 $ 1320716 $ 132.716 $ 1320716
CARES Grant-A in Multi-Year $ 297.725 $ 297,725 $ 297.725 $ 2970725
Medical Reserve Corps-NACCHO $ 15.000 $ 15,000 $ 15.000 $ 150000
Reducing Health Disparities Grant(Multi-Y $ 56.916 $ 56,916 $ 56.916 $ 560916
Susan G Komen Grant $ 46.620 $ 46,620 $ 46.620 $ 46.620
Outreach Literacy Grant-Library I$ 83.628 1 $ 83,628 1$ 83.628 $ 83.628
Human
Public Safety t $ - $ - $ - $ -1$ - $ -1$ -1$ -1$ - $ - $ - $
Total Expenditures $ 759,218 $ - $ 759,218 $ 759,218 1$ - $ -1$ -1$ (23,113)1$ - $ - $ - $ 736 105
Adoption Enhancement Fund
Revenues
Donations $ $ $ $ 18,968 1 $ 18 968
Total Revenues $ - $ - $ - $ - $ - $ -1$ 18,968 1$ - $ - $ - $ - $ 18,968
Ez ndkures
General Assistance $ $ $ $ 18,968 1 1 $ 18 968
Community Loan Fund
Revenues
FromGeneral Fund $ $ $ $ 100,000 $ 100 000
Total Revenues $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 00,000 1$ 100,000
Ez ndkures
Connection loans $ $ $ $ 100,000 1$ 100 000
Attachment 2 9
Year-To-Date Budget Summary
Fiscal Year 2016-17
General Fund Budget Summary
Original General Fund Budget $215,843,812
Additional Revenue Received Through
Budget Amendment#2 (October 18, 2016)
Grant Funds $86,120
Non Grant Funds $1,596,229
General Fund - Fund Balance for Anticipated
Appropriations (i.e. Encumbrances)
General Fund - Fund Balance Appropriated to Paul:
Cover Anticipated and Unanticipated Technical Amendment to
Expenditures $100,000 establish the Community
Loan Fund (BOA#2)
Total Amended General Fund Budget $217,626,161 .
Dollar Change in 2016-17 Approved General
Fund Budget $1,782,349
Change in 2016-17 Approved General Fund
Budget 0.83%
Authorized Full Time Equivalent Positions
Original Approved General Fund Full Time
Equivalent Positions 873.375
Original Approved Other Funds Full Time
Equivalent Positions 89.450
Total Approved Full-Time-Equivalent
Positions for Fiscal Year 2016-17 962.825
Attachment 3 10
ORD-2012-058
ORANGE COUNTY
C BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: (i »
Action Agenda
Item No. 7-c
SUBJECT: Establishment of a Community Loan Fund for the Water and Sewer
Connections for Efland and Rogers Roads Residents, and Approval of
Budget Amendment#4-D
DEPARTMENT: Financial and Administrative PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S): INFORMATION CONTACT:
Frank Clifton, 919-245-2300
Sample Loan Agreement Clarence Grier, 919-245-2453
John Roberts, 919-245-2318
PURPOSE: To approve the establishment of a Community Loan Fund for water and sewer
connections for residents of the Efland and Rogers Road areas of Orange County, and approve
Budget Amendment #4-D.
BACKGROUND: In previous meetings, some members of the BOCC have requested staff
investigate the establishment of a small loan fund to assist residents of the County in connecting
to water and sewer lines within certain geographical areas of the County. Currently the County
is investing in water and sewer infrastructure in the Efland area of the County to foster economic
development within this area of the County and to address some long-standing agreements with
residents of the area.
Additionally, as part of the closing of the landfill and part of the related actions taken by the
BOCC to mitigate long-standing problems experienced by residents of the Rogers Road area
involving the landfill, the BOCC established a mitigation fund to assist residents of the Rogers
Road area to hookup to water and sewer.
Some residents in both areas have approached the County in regards to wanting to connect to
the water and sewer services provided, but do not have the financial resources to do so.
Therefore, the establishment of a community loan fund is proposed for such purposes.
It is recommended that the Community Loan Fund be established with a $100,000 appropriation
from the General Fund available fund balance. All loans would range from $3,500 to a max of
$10,000, and carry a low interest rate of 1 to 2 percent over a maximum period of 10 years. A
.25% administrative fee would be added on each loan to cover the administration of the loan.
11
All loans will have a legally binding agreement with a lien against the property that would expire
once the loan is repaid. The loan would be billed annually with the resident's property tax bill for
the property.
FINANCIAL IMPACT: Budget Amendment #4-D constitutes a one-time appropriation of the
General Fund available fund balance of$100,000 to administer the fund.
RECOMMENDATION(S): The Manager recommends that the Board approve the
establishment of the Community Loan Fund, and approve Budget Amendment #4-D, an
appropriation of General Fund available fund balance of$100,000.
12
SAMPLE LOAN AGREEMENT
(ORANGE COUNTY)
(NORTH CAROLINA)
PUBLIC IMPROVEMENT
LOAN AGREEMENT and PROMISSORY NOTE
THIS AGREEMENT, made this 22nd day of November, 2012 by and between
the ORANGE COUNTY, a North Carolina Corporation (hereinafter referred to as "County"), and JOHN
DOE , (hereinafter referred to as "Borrower"), for value received, the receipt of which is hereby
acknowledged, the Borrower promises to pay to the County the principal sum of Five Thousand and
No/100 Dollars ($5,000.00) at the rate of Two and 00/100 percent(2.00%)per annum simple interest.
WITNESSETH:
WHEREAS, the County shall provide funds for the installation of water and sewer connection
infrastructure, as determined to be an eligible activity in accordance with 24 CFR 570.201 (c), located at 201
Cameron Street,Hillsborough,North Carolina,by Borrower, and
NOW, THEREFORE, in consideration of the premises, the County and Borrower do
hereby agree as follows:
4) Statement of Work and Loan Budget
a) The County shall make a Public Improvement (infrastructure) Loan to the Borrower, that will
be incrementally disbursed upon receipt, review and approval of evidence of work completed,
in the amount not to exceed Five thousand dollars and zero cents ($5,000) for a ten (10)
year term at an interest rate of 2% with the initial principal and interest payments to begin
January 1, 2013. The loan will be secured by this Promissory Note and a Deed of Trust upon
the terms and conditions set forth herein. Borrower will also provide title insurance of the
amount loaned showing the County as having third lien on the property.
b) All expenditures will be subject to review and approval by the Department of Finance and
Administrative Services,in accordance with applicable federal, state and local laws.
c) Said funds shall be disbursed by check payable to the Borrower.
5) Loan Terms
a) County agrees to lend the Borrower the sum of Five Thousand and zero cents ($5,000.00)
at an interest rate of two percent (2%). The loan repayment terms shall be a twenty(20) year
period to commence on January 1,2013. Borrower shall make consecutive monthly payments
including principal and interest at the previously mentioned rate to the County of$46.01 per
month until paid in full.
b) The loan shall be evidenced by this Promissory Note and secured by a County Deed of Trust
of even date herewith with respect to the real property owned by John Doe,LLC executed and
duly recorded in the office of the Register of Deeds of Orange County, North Carolina, and
UCC-1 financing statements duly recorded in the office of the Register of Deeds of Orange
County, North Carolina and the Office of the Secretary of State of North Carolina on the
property of John Doe,LLC.
c) Borrower shall make a final payment to County of all principal and interest then due and owing
on that date (the "Maturity Date") which is the earlier to occur of the following events:
1
13
i) Upon the sale, ground lease or other transfer of all or any portion of the Project or an
interest therein (except for a lease of individual units in the Project with a term of less than
three years);or
ii) Upon any default (or if a cure period is allowable, upon the expiration of any allowable
period of cure) hereunder or under the County Deed of Trust, the terms of which are
incorporated herein by reference, as more particularly provided herein below.
d) All payments hereunder shall be applied first to amounts advanced by County to protect the
security hereof, then to interest on the unpaid principal balance and then to reduction of
principal.
e) The indebtedness evidenced by this Promissory Note (hereinafter referred to as "Note") may
be prepaid,in whole or in part,at any time without penalty.
f) Upon any default hereunder, or under the County Deed of Trust, County shall have the right
at its option and election, to accelerate the indebtedness evidenced by this Note and declare
the entire principal balance immediately due and payable in full. Upon such acceleration by
County, Borrower promises to pay the full principal amount unpaid hereunder in accordance
with the terms of the County Loan Documents, together with all costs and expenses incurred
in connection with the collection or attempted collection hereof and the protection of the
security thereof,including reasonable attorney's fees,whether or not suit is instituted.
g) Borrower agrees to pay all principal and interest and in addition to pay all costs of collection,
including reasonable attorneys' fees and all costs of suit,when the unpaid principal sum of this
Note or any payment of principal or interest is not paid when due, or when it becomes
necessary to protect the security for the indebtedness evidenced hereby, or for the foreclosure
instituted by County or other holder under the County Deed of Trust or other County Loan
Documents or when County or other holder is made party to or affected by any litigation
because of the existence of the indebtedness evidenced by this Note, or because of the
existence of any of the County Loan Documents, or when the property which is security for
this Note becomes subject to the jurisdiction of a bankruptcy court. This obligation shall exist
regardless of whether or not suit is actually commenced.
h) The parties hereto have intended in good faith to comply with all applicable usury laws.
Notwithstanding anything to the contrary contained in this Note or any other of the County
Loan Documents, Borrower shall not be obligated or required to pay interest at a rate, which
would subject County to either criminal or civil liability. If, by the terms of this Note,
Borrower at any time is required or obligated to pay interest on the principal made available to
Borrower in an amount or at a rate in excess of the applicable legal maximum, the interest due
to County shall be immediately and automatically reduced to such maximum, the interest
payable shall be computed at such maximum rate, and all prior interest payments in excess of
such lawful maximum shall be immediately and automatically applied, and shall be deemed to
have been treated as having been applied at the time of receipt, in reduction of the principal
balance due under this Note.
i) No delays on the part of County in exercising any right hereunder or under any of the County
Loan Documents shall operate as a waiver thereof or preclude the exercise thereof at any time
during the continuance of any default or during the continuance of any subsequent default.
j) Notwithstanding anything to the contrary contained herein or in any other County Loan
Documents, this County Note is intended to be non-recourse with the liabilities of Borrower
under this County Note being limited to the collateral pledged to secure this Note (which
includes without limitation the Project), and other than with respect to the collateral pledged to
secure this Note, no other assets shall be available to satisfy any liabilities arising out of or in
2
14
connection with this loan and, further no deficiency or other judgment shall be rendered or
entered against Borrower or any of its members by County, it being acknowledged by County
that it shall look solely to the collateral pledged to secure this Note with respect to any
recoveries for Borrower liabilities under this County Note. It is the intention of the parties
that this shall be a non-recourse loan.
k) This Note may not be modified or terminated orally.
3. Closing
The parties shall execute all documents required under this Agreement at the Orange County law
offices 200 S Cameron Street,Hillsborough,NC 27278.
4. Miscellaneous
a) Entire Agreement, Superseding Effect and Modification. This Agreement supercedes all prior oral or
written agreements, if any, between the parties relating to the subject matter of this Agreement
and constitutes the entire agreement between the parties. The provisions of this Agreement may
not be amended, deleted, or modified in whole or in part without the express written consent of
both parties.
b) Governing Law. This Agreement will be governed by the laws of the State of North Carolina,
without respect to the principles of choice of law or the conflict of laws.
c) Headings. The headings in this Agreement are included for convenience only.
d) Severability. In the event any provision of this Agreement is determined to be void, invalid, or
unenforceable,the remaining provisions of this Agreement will continue in full force and effect.
e) Waiver of Breach. The waiver by any party to this Agreement of a breach by any other party of any
of the provisions of this Agreement will not operate or be constructed as a waiver of any
subsequent breach by the party.
f) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which
will be deemed an original,but all of which together will constitute one and the same instrument.
g) Parties in Interest. This Agreement will be binding upon and inure to the benefit of the parties,
their respective heirs,representatives, successors and assigns.
(the remainder of this page is intentionally left blank)
3
15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed in duplicate,
the day and year first above written.
By:
Signature
Typed or Printed:
Title:
Witnessed by:
Signature
Title:
ORANGE COUNTY
By:
Signature
Typed or Printed:
Title: County Manager
Witnessed by:
Signature
Title: County Clerk
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public for aforesaid State and Orange County,hereby certify that
personally came before me this date and acknowledged that she is the County
Clerk of the Orange County, a municipal corporation, and that by authority duly given and as the fact of said
corporation, the aforementioned instrument was signed in its name by ,its County Manager,
sealed with its corporate seal and attested by herself as its County Clerk.
Notary
My commission expires:
4
16
CERTIFICATE OF COUNTY'S ATTORNEY
I, the undersigned,John T. Carter Jr., the duly authorized and acting legal representative of THE COUNTY
OF JACKSONVILLE,NORTH CAROLINA,do hereby certify as follows:
I have examined the attached Public Improvement Loan Agreement submitted by EAST CAROLINA
COMMUNITY DEVELOPMENT,INC, and the manner of execution thereof, and I am of the opinion that each of
the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized
representatives; that said representatives have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements constitute valid and legal binding obligations
upon the parties executing the same in accordance with terms, conditions, and provisions thereof.
Signature
Date
APPROVAL BY COUNTY FINANCE OFFICER
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Signature
Date
5