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Office Lease Agreement Between Cleona Borough Council and the County of Lebanon As Follows

Office Lease Agreement Between Cleona Borough Council and the County of Lebanon As Follows

Wednesday, June 27, 2018 1:30 p.m.

The Board of Commissioners held a workshop session, all members present. Comm. Ames presiding.

Michael Anderson of Lebanon County Voter Registration, presented John Hastings of Dominion Voting, Denver, CO. Mr. Hastings presented a demonstration of the ImageCast® Voting System

Thursday, July 5, 2018 9:30 a.m.

The regular meeting of the Board of County Commissioners was held today, all members present. Comm. Ames presiding.

The meeting opened with Observance of a Moment of Silence and Pledge to the Flag.

The Commissioners asked for public comment. David Weisnicht, Deputy Base Operations Manager of Fort Indiantown Gap (FITG), presented the Back at the Gap update of training, activities and events taking place at the Gap.

The Commissioners approved the minutes from June 13, 2018 workshop and the June 21, 2018 Commissioners meeting:

Sallie Neuin, Lebanon County Treasurer, met with the Commissioners to present the weekly Treasurer’s report for consideration.

The Commissioners approved the Treasurer’s report as read with expenditures in the amount of $1,162,012.77. The gross payroll of was in the amount of $1,024,969.66.

Michelle Edris, Director and Leeanne Shank, HR Assistant of Lebanon County Human Resources, presented personnel transactions and conference/seminar requests for consideration.

Jamie Wolgemuth, Chief Clerk/County Administrator of the Commissioners Office, presented the following items for consideration:

The Commissioners entered into an Office Lease Agreement between Cleona Borough Council and the County of Lebanon as follows:

OFFICE LEASE

This Lease made this 5th day of July, 2018 between CLEONA BOROUGH COUNCIL of Cleona, , (hereinafter called Lessor) and LEBANON COUNTY COMMISSIONERS of Lebanon County, Pennsylvania (hereinafter called Lessee). WITNESSETH:

1. Lessor leases to Lessee first floor Magisterial District Judge office space, 140 West Walnut Street, Cleona, Pennsylvania in the Cleona Municipal Building.

2. The term of this lease shall be for a period of four (4) years commencing January 1, 2018 and ending December 31, 2021.

3. Lessee covenants to pay as rent in forty-eight (48) installments, payable in advance from the beginning of the term in accordance to the following compensation schedule: January 1, 2018 – December 31, 2018 $925.00 per month

January 1, 2019– December 31, 2019 $950.00 per month

January 1, 2020 – December 31, 2020 $975.00 per month

January 1, 2021 – December 31, 2021 $1,000.00 per month

4. Lessor shall furnish light, heat, toilet facilities, janitorial services and all other utilities except telephone.

5. Lessee agrees to relieve Lessor of any and all liability for injury or damage to any person or to any property at any time on said premises except as caused by the intentional or negligent acts of the Lessor.

6. Lessor shall keep the premises in generally good repair; reasonable wear excepted, and is to deliver up quiet and peaceable possession thereof at the expiration of the term.

7. Lessee will not make any alterations or additions in or to the premises without the written consent of the Lessor, or suffer any holes to be made or drilled in the outside stone of the brick work, or suffer any signs to be placed on the building except such as the Lessor shall approve in writing.

8. Lessee will not assign, sublet, or part with the possession of the whole or any part of the demised premises without first obtaining the written consent of the Lessor.

9. Lessee will provide all office furniture and equipment for use of the Magisterial District Judge.

10. Lessee will pay for any remodeling needed to establish the Magisterial District Judge Office.

11. If Lessee defaults in payment of rent of any of the other convenants or provisions of the Lease, the Lessor upon thirty (30) days written notice may terminate said Lease and thereafter may re-enter and take possession of said premises without further notice. Lessee further waives the benefit of any Acts of Assembly requiring any other notice to be given and agrees to remove from and deliver up possession of the said premises in accordance with the aforesaid thirty (30) days written notice to quit.

IN WITNESS WHEREOF the parties have unto set their hands and seal the day and year first above written. LESSOR:

CLEONA BOROUGH COUNCIL William J. O’Connor, President

ATTEST: Kerry L. Rohland, Secretary LESSEE:

BOARD OF LEBANON COUNTY COMMISSIONERS

/s/ William E. Ames, Chairman

/s/ Robert J. Phillips, Vice Chairman

/s/ Jo Ellen Litz, Secretary

ATTEST: /s/ Jamie A. Wolgemuth Chief Clerk/County Administrator

The Commissioners approved the following municipal liquid fuels application for County Aid for the year 2018 and to submit the application to the Pennsylvania Department of Transportation (PennDOT) for their approval:

Municipality Amount

North Lebanon Township $11,429.00

The Commissioners approved to grant real estate property tax exemption to the following individual: The property will be placed on the non-taxable real estate list for disabled Veterans, effective July 1, 2018. This action is based on information received and ordered by the Pennsylvania State Veterans Commissioners.

John Pennebaker 20 Tavern Lane Lebanon, PA 17042

At 9:45 a.m., the Commissioners sat as the County Board of Elections.

At 9:50 a.m., the Commissioners resumed the regular meeting.

It was moved by Comm. Phillips, seconded by Comm. Litz to adjourn the meeting.

At 10:20 a.m., the Commissioners met in an executive session to discuss real estate.

Wednesday, July 11, 2018 1:30 p.m.

The Board of Commissioners held a workshop session, all members present. Comm. Ames presiding.

Dr. Kim Ernest, of PA Counseling Service (PCS), Lebanon, PA, presented an update on the operation of Lebanon County’s Day Reporting Center. Also in attendance from PCS were Dr. Roy Smith, Founder and CEO, Ruth Davis, President and COO, and Mitch Pegg, Program Director of the Day Reporting Center.

Thursday, July 19, 2018 9:30 a.m.

The regular meeting of the Board of County Commissioners was held today, all members present. Comm. Ames presiding.

The meeting opened with Observance of a Moment of Silence and Pledge to the Flag.

The Commissioners asked for public comment. Stephanie Shirk, Client Relationship Manager of PennState Extension, presented an update of the various activities, including 4-H youth activities to be held during the upcoming Lebanon Area Fair on July 21-23, 2018 at the Lebanon Valley Exposition Center & Fairgrounds.

The Commissioners approved the minutes from June 27, 2018 workshop and the July 5, 2018 Commissioners meeting.

Sallie Neuin, Lebanon County Treasurer, met with the Commissioners to present the weekly Treasurer’s report for consideration.

The Commissioners approved the Treasurer’s report as read with expenditures in the amount of $1,158,387.77. The gross payroll of was in the amount of $1,048,453.70.

Michelle Edris, Director and Renata Zumberge, HR Employee Benefits Coordinator of Lebanon County Human Resources, presented personnel transactions and conference/seminar requests for consideration.

Kevin Schrum, Administrator of Lebanon County MH/ID/EI, met with the Commissioners to present various items for consideration. Mr. Schrum stated that the Department of Human (DHS) made it clear that it is mandatory for the Counties’ continuing participation in the HealthChoices (CABHC) Program. The Program has for years, and continues to be very successfully operated by the Counties, and it has resulted in better quality of care, enhanced access to services, and positive consumer satisfaction.

The Commissioners approved and signed Amendment #12, HealthChoices Behavioral Health Agreement No. 4100056692 by and between the Commonwealth of Pennsylvania, acting through its Department of Human Services, formerly Department of Public Welfare and the County of Lebanon is effective July 1, 2018.

The Commissioners approve the FY 2017-2018 MH/ID/EI Contract Amendments in the contracts change amount of $66,968.

The Commissioners approved the FY 2018-2019 MH/ID/EI Contract Amendments in the contracts change amount of $412,331.

Attorney James Kratz, of Stevens & Lee Lawyers & Consultants, Allentown, PA on behalf of BT Management LLC, Altoona, PA, met with the Commissioners to present the First Amendment to Agreement of Sale for consideration. Attorney Kratz stated that the buyer is in need of more time for the Study Period and this Sales Agreement will allow for that extended time period.

It was moved by Comm. Phillips, seconded by Comm. Ames to enter into an Agreement of Sale Amendment or property located in South Lebanon Township. Comm. Phillips and Comm. Ames voted “Aye”, Comm. Litz voted “Nay”. Motion carried.

FIRST AMENDMENT TO AGREEMENT OF SALE

THIS FIRST AMENDMENT TO AGREEMENT OF SALE (the “First Amendment”) is dated as of the date it was executed by the last party to sign below, and is made by and among:

County of Lebanon, a Pennsylvania municipal corporation and county of the 5th class by virtue of the Pennsylvania County Code (the “Seller”), with an address of Room 207 Municipal Building 400 South 8th Street, Lebanon, PA 17042;

AND

BT Management, LLC, a Pennsylvania limited liability company, its successors and assignees with a mailing address of 116 Union Avenue, Altoona, PA 16602; (the “Buyer”),

WHEREAS, the Buyer and Seller are parties to that certain Agreement of Sale dated September 30, 2016 (the “Agreement”) for property located in South Lebanon Township, Lebanon County, Pennsylvania; and

WHEREAS, the parties desire to extend the Study Period.

NOW THEREFORE, in consideration of the mutual covenants and agreements here in contained, and intending to be legally bound, the parties hereto agree as follows:

1. Amendment of Section 2.03(c)-(d). Section 2.03© of the Agreement is deleted in its entirety and replaced with the following:

2.03. Respecting Deposits, Refunds.

. . .

C. Buyer may extend the Study Period for up to four (4) additional three 3) month periods by making the following payments to Seller as listed below:

i. Five Thousand Dollars ($45,000.00) upon the mutual execution of the First Amendment; ii. Five Thousand Dollars ($5,000.00) three (3) months after the mutual execution of the First Amendment; iii. Ten Thousand Dollars ($10,000.00) six (6) months after the mutual execution of the First Amendment; and iv. Ten Thousand Dollard ($10,000.00) nine (9) months after the mutual execution of the First Amendment.

The aforesaid payments shall be defined as the “Extension Deposits”. The first two (2) Extension Deposits shall be applied to the Purchase Price and the final two 92) Extension Deposits shall not be applied to the Purchase Price. Buyer may terminate this Agreement at any time during the extended Study Period at which time the Deposit Amount and any Extension Deposits paid shall be delivered to Seller and neither party shall have any further obligation under this Agreement.

D. The sum of Ten Thousand Dollars ($10,000.00) previously paid by Buyer to Seller to extend the Study Period shall be applied to the Purchase Price and shall be defined, along with the payments set forth above, as the “Extension Deposits”.

2. Miscellaneous. The parties hereby ratify the Agreement. Except as expressly modified hereby, the Agreement shall remain in full force and effect. In the event of a conflict between the Agreement and this Amendment, this First Amendment shall control. This First Amendment may be executed in multiple counterparts. For the purpose of the execution of this First Amendment, a signature transmitted by facsimile or email attachment shall be deemed an original.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have executed and delivered this First Amendment on the day and year set forth below.

SELLER:

Date: Lebanon County Commissioners

Attest

BUYER:

Date: BT Management, LLC

By: Witness Bruce J. Thaler, Member

Jennifer Kuzo, President of Visit Lebanon Valley/Lebanon Valley Tourism, Lebanon, PA, met with the Commissioners to present a video and an update on promoting all that the Lebanon Valley has to offer campaign. Ms. Kuzo stated that the intent of the video is to reflect the calm and peace of our community…. “Simply Lebanon Valley until the Cows Come Home”. A part of her marketing strategy is to provide digital billboards in Lancaster and on the West Shore of PA, thirty (30) second radio spots in Lancaster and Harrisburg, PA with on-air give-a-ways, ad in the Central Penn Business Journal and the recent publication of the poplar Pennsylvania’s Lebanon Valley, Adventures Forged in History is an official guide to the Lebanon Valley. Ms. Kuzo also attended and will continue to attend various local events to promote Visit Lebanon Valley. Savannah Barry, Intern, attended this meeting.

Phyllis Holtry, Administrator of Community Action Partnership, met with the Commissioners to present the FY 2017-2018 and the FY 2018-2019 Medical Assistance Transportation (MATP) contracts for considerations.

The Commissioners approved and signed Medical Assistance Transportation Program (MATP) contract with the following Drivers. These contracts are in effect from July 1, 2017 through June 30, 2018. This program is funded by the Department of Human Services and provided medical transportation for individuals who have a valid access card:

Eugenio Morales Jeanne Chatterton Johanna Bueno

The Commissioners approved and signed the following Medical Assistance Transportation Program (MATP) contracts. These contracts are in effect from July 1, 2018 through June 30, 2019. This program is funded by the Department of Human Services and provided medical transportation for individuals who have a valid access card. The private drivers are as follows and Reimbursement will be based on the following:

Nycole Harter Melody Rowe Kathleen Brownagle Jeanne Chatterton Howard Gathright III Rafel Rodriguez Yeuri Munoz Maximo Almonte Richard Fake Bob Collins Guie Lebo C. Ann Richardson Eugenio Morales First Aid & Safety Stephen Putt Cliff Leahey Philhaven Behavioral Health Care Penny Cairns Bradley Seigfried Rickey Dean Johanna Bueno Carmen Alvarado Yolanda Muentes Pedro Rojas Enoele Torres Jeff Herb Sue Wickenheiser Scott Beard Scott Miller Nancy Lebo Rodney Rowe Ed Krick Central Medical Mike Miller Alejandrina Mata Kafi Palmer Carlos Maldonado Douglas Seigfried

Reimbursement DESTINATION RATE

Within Lebanon City limits $25.00 round trip including destinations at Tuck Street Center $13.00 one way Out of Lebanon City Limits but within Lebanon $35.00 round trip County limits, including Philhaven Mt. Gretna $18.00 one way Lebanon to Lancaster, Berks, Cumberland, Schuylkill $75.00 or Dauphin County, excluding Derry Township $38.00 one way Lebanon to similar destination in Lancaster, Berks, add $25.00 Cumberland, York, Schuylkill, or Dauphin (excluding Derry Township) County, each additional pick-up address Lebanon to Hershey, round trip $45.00 round trip “Hershey” includes any destination in Derry $23.00 one way Township EXCEPT Stepping Stones Allentown, Bethlehem, York/Manchester $100.00 Reimbursement DESTINATION RATE

(or trip of similar distance), round trip $50.00 one way Same day dispatch/urgent situation, out of Lebanon City $40.00 round trip Limits, but within Lebanon County limits, including $25.00 one way Philhaven Mt. Gretna* Same day dispatch/urgent situation, Lebanon to Lancaster, $85.00 round trip Berks, Cumberland, Schuylkill, or Dauphin County, $50.00 one way excluding Derry Township * Same day dispatch/urgent situation, Lebanon to Hershey* $50.00 round trip “Hershey” includes any destination in Derry Township $30.00 one way EXCEPT Stepping Stones Same day dispatch/urgent situation, Allentown, Bethlehem, $110.00 round trip York/Manchester (or trip of similar distance)* $75.00 one way Same day dispatch/urgent situation, within Lebanon City, $30.00 round trip Limits, including Tuck Street Center* $20.00 one way One way, out of county, for sleep study, inpatient surgery $50.00 or similar situation (excluding Derry Township) $25.00 Unaccompanied child to Philhaven for Day Hospital or $40.00 round trip After School Program $20.00 one way Stepping Stones, per child, round trip $50.00 $25.00 , Wilmington, Dickson City $205.00+round trip/$125+one way (or trip of similar distance), round trip +plus tolls and parking , round trip $500.00 Extra stop, including pharmacy, except as below add $12.00 Out of county trip with extra stop at PSHMC add $20.00 (excludes Dauphin County) *Same day dispatch/urgent situation rates do not include trips which were previously scheduled with other drivers who were unavailable to drive that day.

Kathleen Kirby, Administrative Assistant in the Lebanon County Commissioners Office, presented the following items for consideration.

The Commissioners approved a Hotel Tax Grant Fund Application for the Lebanon Valley Poultry Fanciers in the amount of $3,500 toward the Lebanon Valley Poultry Fanciers Poultry Show. Vote unanimous.

The Commissioners approved the following municipal liquid fuels application for County Aid for the year 2018 and to submit the application to the Pennsylvania Department of Transportation (PennDOT) for their approval:

Municipality Amount

Palmyra Borough $7,320.00

The Commissioners approve to grant real estate property tax exemption to the following veteran: The property will be placed on the non-taxable real estate list for disabled Veterans, effective July 1, 2018. This action is based on information received and ordered by the Pennsylvania State Veterans Commissioners.

David L. Wickes 31 Old Ebenezer Road Lebanon, PA 17046

The Commissioners adopted a proclamation for Daniel Stebbins as follows:

PROCLAMATION

WHEREAS, Daniel Stebbins, of Troop 415 of North Cornwall, has attained the rank of Eagle Scout from the Boy Scouts of America, Pennsylvania Dutch Council; and

WHEREAS, this is the highest award a scout can receive and, while many move up through the ranks of scouting, only 6% make it all the way to Eagle; and

WHEREAS, the vision of the Boy Scouts of America is to prepare every eligible youth to become responsible, participating citizens and leaders, who are guided by the Scout Oath and Law; and

WHEREAS, Daniel’s persistent progress through the ranks to earn this prestigious award demonstrated a high level of personal achievement, leadership, and community service in his determination to prepare himself for a meaningful, productive role in society, and

WHEREAS, Scouting, for both boys and girls, has been an integral part of Lebanon County for over 100 years, and we are very proud that Daniel is a member of our community, and

WHEREAS, we commend Daniel on the completion of his Eagle project, which involved organizing a medical equipment drive that collected approximately 1300 pieces of reusable medical equipment and donated to patients in need. He also produced a medical equipment donation guide to connect people who have reusable equipment with the appropriate charities.

NOW, THEREFORE, WE, The Commissioners of Lebanon County, on behalf of all our citizens, take this opportunity to extend congratulations to “DANIEL STEBBINS” for his faithful and steady path within the Scouting organization crowned by his achievement of attaining the rank of Eagle Scout and, further, we extend best wishes for continued success in his future endeavors.

BOARD OF COUNTY COMMISSIONERS

William E. Ames Robert J. Phillips Jo Ellen Litz

ATTEST: Jamie A. Wolgemuth Chief Clerk-County Administrator

ADOPTED: This Nineteenth Day of July, Two Thousand Eighteen.

The Commissioners adopted the following proclamation for “Pretrial, Probation and Parole Supervision Week”: PROCLAMATION

WHEREAS, all Pennsylvanians deserve opportunities to live healthy, safe, and purposeful lives and community supervision is an essential part of Pennsylvania’s justice system; and

WHEREAS, corrections professionals such as pretrial, probation, and parole officers uphold the law with dignity, while recognizing the right of the public to be safe-guarded from criminal activity. Their proven practices and effective supervision provide an opportunity for successful reintegration; and

WHEREAS, corrections professionals provide both supervision and counseling to reentrants and operate to uphold the law and safeguard the public from criminal activity during transition from incarceration to the community; and

WHEREAS, pretrial, probation and parole officers work toward changing lives by working with reentrants to help them find solutions to problems and to help them live a safe, healthy and productive life; and

WHEREAS, pretrial, probation and parole officers work collaboratively with local law enforcement, treatment providers, social service agencies and a variety of other programs, groups and individuals involved with reentry; and

WHEREAS, Pennsylvania’s pretrial, probation, and parole officer are on the front line of efforts to reduce recidivism and prevent future crime. “Pretrial, Probation and Parole Supervision Week” is a time to recognize and celebrate the dedicated and caring individuals in the community who work tirelessly to make neighborhoods safer places to live and raise families and work to give reentrants a second chance to be productive members of society.

NOW, THEREFORE, WE, The Commissioners of Lebanon County on behalf of all our citizens, join with the Governor and the Department of Corrections of Pennsylvania, do hereby proclaim the week of July 15-21, 2018 as “PRETRIAL, PROBATION and PAROLE SUPERVISION WEEK” in Lebanon County. FURTHER, we recognize these professionals and recognize their crucial roles in the criminal justice system and their achievements toward safer communities. BOARD OF COUNTY COMMISSIONERS

William E. Ames Robert J. Phillips Jo Ellen Litz ATTEST: Jamie A. Wolgemuth Chief Clerk/County Administrator

ADOPTED: This Nineteenth Day of July, Two Thousand Eighteen.

It was moved by Comm. Phillips, seconded by Comm. Ames to enter into an Intergovernmental Cooperation Agreement with the City of Lebanon Land Bank as follows: Comm. Phillips and Comm. Ames voted “Aye”, Comm. Litz voted “Nay”. Motion carried.

INTERGOVERNMENTAL COOPERATION AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LEBANON LAND BANK AND COUNTY OF LEBANON

This Intergovernmental Cooperation Agreement and Memorandum of Understanding (“Agreement”), dated , is entered into between the City of Lebanon Land Bank, an entity created by an Ordinance Bill No. 15 (a copy of which is attached hereto and incorporated herein as Exhibit “A”) of the City of Lebanon Council Meeting on March 27, 2017, said entity being a body politic with principal offices located at 400 South 8th Street, Lebanon, Pennsylvania 17042 (hereinafter “Land Bank”) and County of Lebanon, with principal offices located at 400 South 8th Street, Lebanon, Pennsylvania, 17042 (hereinafter “County”).

WHEREAS, the Land Bank and County have joined to create a stronger community and in dealing with vacant, abandoned, and tax delinquent properties in their joint jurisdiction; and

WHEREAS, the County wishes to obtain the aid of and encourage the Land Bank in obtaining blighted, abandoned, vacant and tax delinquent properties, maintaining them, and attempting to restore them to productive use; and

NOW, THEREFORE, the parties, in their mutual desire to work together in dealing with vacant, abandoned, blighted and tax delinquent properties, and based upon the mutual agreements herein contained, for good and valuable consideration, agree as follows:

1. Preamble. The preamble hereto is incorporated herein.

2. Land Bank Obligation. The Land Bank has limited funds and based upon those limited funds, no guarantee can be made as to property acquisition. The Land Bank, with regard to property which is acquired, shall attempt to maintain the property and return the same to productive use. No guarantees are being made by the Land Bank regarding the kinds of activities that will be undertaken by the Land Bank to return the properties to productive use. The Land Bank agrees to invoice the County yearly for 50% of the taxes collected by the 15th of January following the tax year for five (5) years after disposition.

After the Upset Sale and prior to the Judicial Sale, the Land Bank will submit to the County the list of properties it is interested in acquiring at the Judicial Sale along with a write-up for each property detailing the research the Land Bank has conducted on the property including its history and the Land Bank’s proposed reuse for the property.

The Land Bank will operate a “Subsequent Buyer Pre-qualification Program” to facilitate the involvement of well-qualified entities in the redevelopment and return to productive use of properties acquired by the Land Bank. Draft guidelines for this program are attached hereto and incorporated herein as Exhibit “B.” These guidelines are subject to change as the Land Bank Board finalizes the details of the program.

3. Obligation of the County. The County authorizes the Tax Claim Bureau to transfer the property to the Land Bank at the Judicial Tax sale according to the Procedure Outline between the City of Lebanon Bank and the Lebanon County Tax Claim Bureau (a copy of which is attached hereto and incorporated herein as Exhibit “C”).The County agrees, with regard to any property obtained in the City by the Land Bank that the County shall forgive, exonerate, release, or refund the said property from any real estate tax liens or any other liens or any other charges on the property arising to the County. The County understands that during the time that the property is in the ownership of the Land Bank, not to exceed five (5) years, the same shall not be taxable. The County understands that the Land Bank will attempt to return the property to productive use, which may include a non-taxable use, such as transfer to the County, School District, or for a charitable purpose. If the Land Bank is able to and does return the property to a taxable use, the County agrees, with regard to all taxes from the County on that property, that, for a period of five years after said property is transferred from the Land Bank, one-half of the taxes collected shall accrue to the benefit of the Land Bank, even though the same may be based on the tax assessed by the County and School District. No representation can be or is made as to the time duration which it will take the Land Bank to return property which it acquires to a productive use.

With respect to the Land Bank’s Judicial Sale acquisitions, upon receipt of the list of properties which the Land Bank is interested in acquiring at the Judicial Sale and the accompanying write-ups, the County shall review the list and strike any and all properties from the list within ten (10) businesses days or the first scheduled Commissioners’ meeting, which occurs later thereby preventing the Land Bank from exercising its trump bid at the Judicial Sale to acquire those properties. This will not preclude the Land Bank from pursuing those properties openly at the Judicial Sale without priority treatment.

4. Notice. The Land Bank shall reasonably attempt to supply notice to the representative designated by the County before any action is taken to acquire, rehabilitate, demolish, convey or transfer property owned by the Land Bank in the City during the term hereof.

5. Term and Termination. Any party hereto may terminate this agreement and withdraw from participation in future acquisition on ninety (90) days written notice to the other party. In the event of withdrawal, all of the County’s obligations with regard to property already obtained or in the process of being obtained by the Land Bank in the City, including, but not limited to, the post-Land Bank conveyance five-year allocation of one-half of tax revenues to the Land Bank, shall continue. Unless terminated by mutual agreement, or as stated in this paragraph, this agreement shall continue.

6. Independent Contractors. Notwithstanding anything contained herein, each of the parties hereto are and shall remain independent contractors, and this Agreement shall not create any employment, agency, partnership, or co-venture relationship, and, except as specifically set forth herein, neither party may incur debt or financial obligation in the name of the other.

7. Compliance. All activities performed by any party hereunder shall be performed in accordance with all applicable statutes and ordinances of the City of Lebanon, Commonwealth of Pennsylvania, and United States of America.

8. Entire Agreement and Agreement Interpretation. This Agreement, and the attachments hereto, constitute the full and complete understanding and agreement between parties. No provision of this Agreement shall be interpreted to create any rights in any party other than the Land Bank and the County. This Agreement may only be altered in writing, signed by the parties hereto. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. The resolution of any conflicts or disputes arising hereunder shall be under the jurisdiction and venue of the Lebanon County Court of Common Pleas.

ATTEST: CITY OF LEBANON LAND BANK

ATTEST: COUNTY OF LEBANON

Exhibit B

City of Lebanon Land Bank Subsequent Buyer Pre-Qualification Program Purpose:

It is the intention of the City of Lebanon Land Bank (CLLB) to convey some of the properties it acquires to private individuals or other concerns (hereinafter referred to as “subsequent buyers”) for redevelopment purposes with the objective of returning properties to the tax rolls. These purposes may include but are not limited to business development and expansion, market-rate housing, or affordable housing. While subsequent buyers could acquire properties directly at the Judicial Sale, if the Land Bank does not acquire these properties as a preferred bidder at the Judicial Sale, the subsequent buyer may end up competing against speculators who drive the price of the properties up at the auction.

Process:

The Land Bank will pre-qualify subsequent buyers that express an interest in a property that has been acquired at a Judicial Sale. The Land Bank will then enter into an agreement with the subsequent buyer to sell them the property if the Land Bank does acquire the property at the Judicial Sale. The sales price to the subsequent buyer will be determined by the Land Bank’s policies. In pre-qualifying subsequent buyers CLLB will consider the following information: 1. Legal Status of the subsequent buyer including its organizational and financial structure 2. The subsequent buyer’s prior experience in developing and managing real property 3. An affidavit signed by the subsequent indicating that for any properties it currently owns there are:  no delinquent taxes  no delinquent municipal utilities  no outstanding code violations or previous convictions for failure to maintain property  no outstanding municipal liens

Note: CLLB will verify this information.

4. In pre-qualifying a subsequent buyer the Land Bank will also consider:  the subsequent buyer’s capacity to meet its obligations  whether the subsequent buyer has been debarred from contracts with local, state and federal governments

Exhibit C

Procedural Outline for Proposed Interaction between the City of Lebanon Land Bank and the Lebanon County Tax Claim Bureau

I. Prior to the Judicial Tax Sale

A. Following Upset Sale, the Tax Claim Bureau identifies addresses of all properties not sold at Upset Sale.

B. The Land Bank reviews these properties as potential candidates for Land Bank acquisition. Land Bank staff prepares an acquisition proposal for each property proposed for acquisition.

C. The Land Bank board reviews the acquisition proposals and approves those properties that are to be requested for acquisition.

D. The Land Bank submits the addresses of the properties requested for acquisition to the Tax Claim Bureau, along with a proposed purchase price for each property.

E. Following resolution of any issues associated with the properties identified or the purchase prices proposed by the Land Bank and subject to policies and procedures previously established by the Tax Claim Bureau and the Land Bank, both parties enter into an agreement for the Land Bank’s purchase of the properties requested for Land Bank acquisition. The agreement includes a provision that any property for which taxes are paid prior to the judicial sale is to be removed from the agreement.

F. In preparation for the judicial tax sale, the Tax Claim Bureau publishes advertisements and issues notifications to property owners and lienholders. These materials include a statement disclosing the land bank’s intent to submit a bid on the properties approved by the land bank board and indicating that, in the event that a land bank bid is submitted, these properties are to be removed from the judicial tax sale.

G. Any properties for which taxes are paid prior to the judicial sale are removed from the purchase agreement between the Land Bank and the Tax Claim Bureau.

II. At the Judicial Tax Sale

A. At the start of the sale, an announcement is made that the Land Bank has submitted a bid on certain properties, which are removed from the sale. The addresses of the properties are identified.

B. No other activity involving the land bank takes place at the judicial sale.

III. After the Judicial Tax Sale

A. The Tax Claim Bureau initiates the transfer of deeds to the properties purchased by the Land Bank to the Land Bank.

B. Pursuant to procedural requirements set forth in the land bank enabling legislation, the Land Bank may consider filing a petition for quiet title for the properties acquired from the Tax Claim Bureau.

C. After securing clear title, the Land Bank conveys the properties to designated recipients, based on the Land Bank board’s approval of applications and development proposals submitted by the recipients.

It was moved by Comm. Litz, seconded by Comm. Phillips to adjourn the meeting.