Orange County NC Website
aria 1 FAGS 56 <br />"AGREEMENT MADE THIS 2nd day of October, 1967, among County of Orange, a County <br />corporation located in the State of North Carolina, (hereinafter called the "County"), <br />WACHOVIA BANK AND TRUST COMPANY, a banking corporation organized under the laws of <br />the State of North Carolina having its principal place of business at Winston-Salem, <br />North Carolina, (hereinafter called "Wachovia"), and BANKERS TRUST COMPANY., a banking <br />corporation organized under the laws of the State of New York, having its principal <br />place of business at 16 Wall Street, New York, New York, (hereinafter called "Bankers"), <br />Wachovia and Bankers being together hereinafter called the "Banks". <br />WHEREAS, the County, has heretofore duly authorized and issued and there are <br />now outstanding various issues of bonds for the payment of the principal of and <br />interest on which the full faith and credit of the County are irrevocably pledged, <br />said bonds and the principal amount outstanding being more fully described-in the <br />attached Schedule "A''; <br />WHEREAS, hereafter from time to time during the term hereof the.County for <br />its lawful purposes will authorize and issue additional series of bonds (said <br />Schedule A bonds and additional bonds and any other obligations to which this <br />Agreement is made applicable being hereinafter called the "Bonds"); <br />WHEREAS , the County is desirous of appointing the Banks as agents for the <br />payment of the principal of and the coupons for interest appertaining to,the Bonds <br />as the same become due and payable, and the Banks are desirous of acting as such <br />agents; and <br />WHEREAS, the County is desirous of appointing Wachovia as accounting and <br />cremation agent for the purpose of auditing and disposing of said bonds and coupons <br />and rendering periodic accounting to the County with respect to payments made <br />thereon, and Wachovia is desirous of acting as such agent. <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br />1. The Banks are hereby appointed paying agent for the purpose of paying <br />the principal of and the coupons for interest appertaining to the Bonds, which <br />shall become due on or after , and the Banks accept such <br />appointments. <br />2. Wachovia is hereby appointed accounting and cremation.agent to be <br />responsible to the County for the proper and lawful cremation of all Bonds and <br />coupons paid by the Banks and to render to the, County periodic accountings and <br />certificates with respect thereto, and Wachovia accepts such appointment. <br />3. The County will deposit with Wachovia prior to each maturity date for <br />principal and/or interest on the Bonds, cam in an amount sufficient to pay such <br />maturing installment of principal and/or interest. All principal and interest <br />on the bonds paid by the Banks shall be charged against the cash so deposited and <br />Wachovia shall render statements of the cash account(s) to the County annually or <br />more frequently as the County may request. <br />4- All Bonds and coupons paid by the Banks shall be cancelled by the Banks, <br />or one of them. The Banks shall prepare and deliver to the County schedules <br />showing Bonds and coupons paid during each twelve months period ending June 30 <br />or such shorter period as the County may request. Copies of said schedules will <br />be retained with the cancelled Bonds and coupons to be used as exhibits to the <br />cremation certificates executed at the time of destruction of the Bonds and coupons. <br />5. All Bonds and coupons paid during any period of- twelve months ending <br />on June 30 of each year shall be cancelled and held in custody by the Banks, or <br />one of them, until the expiration of an additional period of twelve months following <br />each such June 30 During such period the.Bonds and coupons will be available <br />during regular banking hours for inspection by any authorized representative of the <br />County. Upon the expiration of such additional period of twelve months, said Bonds <br />and coupons will be destroyed by burning and Wachovia will execute and deliver to <br />the County appropriate certificates evidencing.such destruction. <br />6. The Banks shall process applications for the payment of lost, stolen, <br />destroyed or mutilated Bonds and coupons in accordance with.the instructions of the <br />County and such reasonable rules and regulations as may be prescribed by the County. <br />7. For the services of the Banks as paying agents hereunder, including <br />the retention and cremation of cancelled Bonds and coupons, the County shall pay to <br />the Banks with respect to $1,000 denomination Bonds the sum of sixty cents (60a).and <br />with respect to $5,000 denomination Bonds the sum of one dollar and ten cents ($1.10) <br />for each Bond paid; and with respect to coupons pertaining to $1,000 denomination <br />Bonds the sum of four and three-quarter cents (4 3/4¢) and with respect to coupons <br />pertaining to $5,000 denomination Bonds the sum of twelve and one-half cents (12 1/2¢) <br />for each coupon paid. The Banks shall not charge, impose, collect or receive from <br />the holder of any Bond or coupon any fee or consideration for the payment thereof, <br />except that the Banks, with the approval of the County may impose a charge on any <br />holder for the processing of applications for payment of lost, stolen, destroyed or <br />mutilated Bonds or coupons not to exceed the sum of five dollars ($5) with respect <br />to any such application so processed.