FITZPATRICK LENTZABUBBA AITONIYS AT LAW FLB Emai!: eschock@blaw.com Direct Dial: 610-797-9000x355 November 30, 2021 VIA E-MAIL: riter@lamereriepasers Board of Supervisors Hanover Township - Northampton County 3630. Jacksonville Road Bethlehem PA 18017-9302 Attn: Elizabeth D. Ritter, Township Secretary Re: Hanover Corporate Center II -Lots 6& 7 (the "Property") Prelminary/Record Lot Consolidation and Land Development Plans Dear Board: My office represents J.G. Petrucci. The Board previously approved land development plans for construction oft two industrial buildings on the Property. The Property is located int the PIBD. Zoning District. At the time of approval, the maximum height allowed in the PIBD District for these buildings was 381 feet. With the Board of Commissioners recent enactment of Ordinance No. 20-4, the revised Zoning Ordinance now would allow these buildings to be 45 feet in height. We understand from the Zoning Officer that no zoning reliefwould be necessary for the developer to proceed with a 45-foot building height. However, the land development plans would require revision to depict a building height of 45 feet instead of38 feet. No other details oft the plan or approval are proposed to be modified. Applicant is requesting a waiver from land development review to permit it to process administratively a minor plan modification that depicts the change in the proposed building height. We would ask that this matter be considered at the Board'si meeting on December 21, 2021. Please advise ifa any additional information is required. Thank you for your consideration. Very truly yours, Cukf Sehck Erich J.: Schock cc: Mr. Jay Finnegan, Township Manager (610)797-9000 - www.flblaw.com Two City Center * 645 West! Hamilton Street * Suite 800 Allentown, PAI 18101 BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630. Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 JohnJ J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer- -B.C.O. November 17, 2021 To: Board of Supervisors John J. Finnigan, Jr Elizabeth Ritter Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 21ZHB12 Property location: 5486 Grace. AVe Zoning District: RI-U, Residential Urban Applicant: Sevim Veziroglu Enclosed is a copy oft the application from Sevim Verioglue, requesting relief from the provisions oft the dimensional requirements for a deck. Yoonne D. Katz BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Nothampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 John. J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer- - B.C.O. December 1,2021 To: Board of Supervisors John J.I Finnigan, Jr Elizabeth Ritter Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 21ZHB14 Applicant: Property location: 3370 High Point Blvd Zoning. District: Advanced Health Care and] Boyer Bethlehem SNFI LC PORR -E Planned Office Research and Residential Enclosed is a copy of the application received December 1,2021, from Advanced Health Care and Boyer Bethlehem SNF) LC: requesting relief from the provisions oft the Sign Ordinance. Yvonne D. Katz BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 John J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer- - B.C.O. December 13, 2021 To: Board of Supervisors John J. Finnigan, Jr Elizabeth Ritter Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 21ZHB16 Property location: 6725 Lilac Dr Zoning District: R1-S Applicant: Matthew Szep and Emily Dobrowolski Enclosed is a copy oft the application received December 13, 2021, from Matthew Szep and Emily Dobrowolski requesting a variance fori installation of an in-ground pool. Applicant is seeking variances within the front yard setback for ai fence: installation and the water's edge from as street right away. Yvone 0. Katz BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 John J.F Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer-B B.C.O. December 2, 2021 To: Board of Supervisors John J.1 Finnigan, Jr Elizabeth Ritter Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 21ZHB15 Applicant: Tyber Medical, LLC Property location: 89 S Commerce Way, Ste 990 Zoning District: PIBD -E Planned Industrial Business District Enclosed: is a copy of the application received December 2, 2021, from Tyber Medical LLC: requesting relieffrom the provisions oft the Sign Ordinance. Yvonne D. Katz HANOVER TOWNSHIP NORTHAMPTON COUNTY Resolution 21- A RESOLUTION oft the Township oft the Township of Hanover, County of Northampton, Commonwealth of] Pennsylvania, appropriating specific sums estimated to bei required for the specific purposes of the municipal government, hereinafter set forth, during the year 2022. BE: ITRESOLVED AND ENACTED, and iti is hereby resolved and enacted by the Board ofTownship Supervisors oft the Township of Hanover, County ofNorthampton, and Commonwealth of Section 1. That for the expenditures and expenses oft thefiscal. year 2022 the following Pennsylvania: amounts are. hereby appropriated from the fund equities, revenues, and other financing sources available for the year 2022 for the specific purposes set forth on the following pages. Section 2. That any Resolution conflicting with this Resolution be and the same is hereby repealed insofar as the same affects this Resolution: INTESTIMONY WHEREOF, the undersigned: TOWNSHIP: has caused this Resolution to be signed by a duly authorized officer and its corporate seal, duly attested by the Board Secretary, to bel hereunto affixed this 21st day ofDecember 2021. HANOVERIOWNSIIE, NORTHAMPTON COUNTY,PA ATTEST: Elizabeth D. Ritter, Secretary John N. Diacogiannis, Chairman HANOVER TOWNSHIP NORTHAMPTON COUNTY Resolution 21 - A RESOLUTION OF THE Township of Hanover, County of Northampton, Commonwealth of BE IT RESOLVED AND ENACTED, and it is hereby resolved and enacted by the Board of Township Supervisors of the Township of Hanover, County ofNorthampton, Commonwealth of Pennsylvania, that at tax be and the same is hereby levied on all property transfers and occupation tax within said municipality subject to taxation for the Fiscal Year 2022 as follows: Pennsylvania, fixing the tax rate for the year 2022. REAL ESTATE TRANSFER TAX EARNED INCOME TAX LOCAL SERVICES TAX MERCANTILETAX 1% 1% $52.00 1%MILLS 1MILL 1%MILLS PERFORMANCE OF SERVICES WHOLESALE SALES OF MERCHANDISE RETAIL SALE OF MERCHANDISE: The latter three taxes to be shared with the Bethlehem-Area School District in such proportions IN' TESTIMONY WHEREOF, the undemsignelTOWASHIP has caused this Resolution to be signed by a duly authorized officer'and its corporate seal, duly attested by the Board Secretary, to as prescribed by law. be hereunto affixed. this 21st day ofDecember 2021 HANOVER TOWINSHIP, NORTHAMPTON COUNTY,PA ATTEST: Elizabeth D. Ritter, Secretary John N. Diacogiannis, Chairman HANOVER: TOWNSHIP NORTHAMPTON COUNTY Resolution 21 - TAXI LEVYRESOLUTION SECOND CLASS TOWNSHIP A RESOLUTION OF THE Township of HANOVER, County ofNorthampton, Commonwealth of BE: ITI RESOLVED AND ENACTED, and it is hereby resolved and enacted by the Board ofTownship Supervisors oft the Township of] Hanover, County ofNorthampton, Commonwealth of Pennsylvania: That at tax be and the: same is hereby levied on all real property and within the said Municipality Tax: rate for general purposes, the sum of3.40 mills on each dollar of assessed valuation or the sum of Taxi rate for fire tax purposes, the sum of0:05mills on each dollar ofa assessed valuation or the sum of Pennsylvania, fixing the tax rates for the year 2022. subject to taxation for the fiscal year 2022 as follows: 34.0 cents on each one hundred dollars of assessed valuation. 5.0 cents on each one hundred dollars of assessed valuation. The same being summarized in tabular form as follows: Millson Each Dollar of Assessed Valuation 3.40Mills 0.50 Mills 3.901 Mills Cents on Each One Hundred Dollars of Assessed Valuation 34.0 Cents 5.0 Cents 39.0 Cents Tax Rate for General Purposes Tax Rate for Fire Tax Purposes TOTAL That any resolution, or part ofresolution, conflicting with this resolution be and the same is hereby repealed insofar as the same affects this resolution. INTESTIMONY WHEREOF, the undersigned TOWNSHIP has caused this Resolution to be signed by a duly authorized officer and its corporate seal, duly attested by the Board Secretary, to be hereunto affixed this 21st day of December 2021. HANOVER TOWNSHIP, NORTHAMPTON COUNTY,PA ATTEST: RESOLUTION 21- WHEREAS, Chapter 172 Vehicles and Traffic, Article VII Towing, of the Code of Ordinances of the Township of Hanover, Northampton County, Pennsylvania (TOWNSHIP") sets forth certain provisions and regulations regarding the towing of motor vehicles in the TOWNSHIP (the "Towing Ordinance"); and WHEREAS, the Towing Ordinance provides for the approval, by the Board of Supervisors of the TOWNSHIP, of certain towing and storage garages that are permitted to tow and store vehicles within the Township, pursuant to the terms and conditions of the Towing Ordinance, including but not limited to, Resolution 21- 27and all subsequent Resolutions establishing the towing fees; and WHEREAS, the Board of Supervisors ofthe TOWNSHIP desires to establish a certified list of the towing and storage garages whichs have been licensed' and approved pursuant to the Towing Ordinance, SO1 that the use ofthet towing and storage garages are utilized on ai fair, equitable and rotating basis by all parties, including the Colonial Regional Police Department ("CRPD"), such that each licensed" towing and storage garage-operation receives a: fair share of the requested towing or storage opportunities! NOW, THEREFORE, BE RESOLVED, and it is resolved and enacted that a certified list ofa all licensed and approved towing and storage garages. has been established by the Board of Supervisors of the TOWNSHIP and: may be modified from time to time, and provided to the CRPD and the Northampton County 911 Center, and the utilization of such list shall be on a fair, equitable and rotating basis, and the list of towing and storage garages is attached hereto as Exhibit "A". IN TESTIMONY WHEREOF, the undersigned TOWNSHIP has caused this resolution to be signed by a duly authorized officer and its corporate seal, duly attested by the Board Secretary, tol be hereunto affixed this day of 2021. ATTEST: BOARD OF SUPERVISORS HANOVERIOWNSII, NORTHAMPTON COUNTY By: By: Elizabeth D. Ritter, Secretary John N. Diacogiannis, Chairman Board of Supervisors EXHIBIT "A" Certified list ofa all licensed and approved towing and storage garages. LICENSED AND APPROVED TOWING AND HANOVER TOWINSHIP, NORTHAMPTON COUNTY STORAGE GARAGES DHELL, Inc. dba: Bath Auto Towing 2350 Schoenersville Road Allentown, PA 18109-9596 610.837.1700 Randy W. Knecht dba: Randy W. Knecht Auto Sales & Service 3866. Northwood Avenue Easton, PA 18045-8220 484.695.4584 610.515.0200 Hank's Auto Service & Sons LLG 226 Mechanic Street Bethlehem, PA 18015-1710 484.239,2135 610.866.2022 Fast Lane Towing & Transport, Inc. 4045 Newburg Road Easton, PA 18045-8222 610.365.8200 M.S.G. Towing & Recovery, Inc. 928 E. Market Street Bethlehem, PA 18017-7016 484.241.7040: 484.895.9870 610.868.7040 Pennsylvania Subdivision Intrastate Allocation Participation Form Governmental Entity: HANOVER TOWNSHIP Authorized Signatory:John. J. Finnigan, Jr., Chairman- Board of Supervisors State: PA Address 1:3630. Jacksonville Road Address 2: City, State, Zip: Bethlehem, PA 18017-9302 Phone: (610)866-1140 Email-hanover@hanovertwp-nc.org The Commonwealth of Pennsylvania, Office of Attorney General has participated ini the negotiation of two settlements related to the Opioid crisis involving Distributors, Amerisource Bergen, Cardinal Health and McKesson, (Distributors Settlement) and Johnson &. Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNel-anssen Pharmaceuticals, Inc and Janssen Pharmaceutica, Inc. (J&J Settlement). To allocate those funds among the Commonwealth and its subdivisions, the Office of Attorney General, the subdivisions and their counsel have proposed a Trust and Allocation Order ("Trust Order') to be entered by the Court in which the Distributor and. J&J Settlement are entered. The governmental entity ("Governmental Entity") identified above has reviewed the Trust Order and its exhibits which set forth the methodology by which funds from the Distributors and J&J settlements will be allocated: 1) between the Commonwealth and its subdivisions; and then, 2) among the Counties and Litigating Subdivisions, as well, as to how Attorneys' Fees and Costs of the Litigating Subdivisions will be paid. In consideration fort the benefits provided by the Trust Order to the Governmental Entity the undersigned authorized official, hereby elects to agree to the terms oft the Trust Order on behalf oft the Governmental Entity. Nothing herein is intended to modify in any way thet terms of thel Distributors Settlement or. J&J Settlement. The Governmental Entity may sign either settlement or both. To the extent this Participation Form is interpreted differently from the Distributors Settlement or the. J&J Settlement in any respect, the Distributors and J&J settlements control. This Participation Form is conditioned on the Governmental Entity identified above entering into a participation agreement for the Distributors or. J&J settlements. The effective date of this Participation Form shall be the date on which the Trust Order is entered by the Court. In the event the Distributors and J&J settlements do not become effective, this Participation Form shall be null and void and shall confer no rights or obligations on the Commonwealth of Pennsylvania, the Released Entities (as defined in the Distributors and. J&J Settlement Agreements dated July 21,2021), or the Governmental Entity. Ihave all necessary power and authorization to execute this Participation Form on behalf oft the Governmental Entity. Signature: Name: Title: Date: John N. Diacogiannis Chairman, Board of Supervisors 12/21/2021 ORDINANCENO. 2021- AN ORDINANCE OF THE BOARD OF SUPERVISORS OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA (THE "TOWNSHIP"), AUTHORIZING AND DIRECTING THE ISSUANCE OF THE TOWNSHIP'S GENERAL OBLIGATION NOTE, SERIES OF 2022, IN THE. AGGREGATE, PRINCIPAL, AMOUNT OF $7,500,000 (THE "2022 NOTE") PURSUANTTOTHE, LOCAL GOVERNMENT UNIT. DEBT ACT OF THE COMMONWEALTH OF PENNSYLVANIA, AS CODIFIED BYTHE. ACT OF DECEMBER 19, 1968 P.L. 1158, NO. 177,AS. AMENDED AND SUPPLEMENTED; PROVIDING THE. PROCEEDS OF THE; SALE OF THE. NOTE: SHALL BE APPLIED TOCARRY OUT FUNDING OF CERTAIN TOWNSHIP CAPITAL IMPROVMENIS "PROJECT)THE: DETERMINING THAT; SUCH SALE SHALLI BE A PRIVATESALE UNDER THE ACT,AND: DETERMINING THAT1 THE: 2022 NOTE SHALL. BE NONELECTORAL DEBT OF THE TOWNSHIP; FIXINGTHE INTEREST PAYMENT DATES, DENOMINATIONS AND REGISTRATION, TRANSFER AND EXCHANGE PRIVILEGES OF THE: 2022 NOTE; SETTING FORTHTHE MATURITY DATES, PRINCIPAL MATURITIES AND CURRENT INTEREST RATES OF THE 2022 NOTE. AND ESTABLISHING AI REQUIRED SCHEDULE OF PAYMENTS WITH RESPECT' TOTHE SINKING FUND, ESTABLISHING THE REDEMPTION PROVISIONS OF THE: 2022 NOTE; ACCEPTING A BID FOR PURCHASE OF THE 2022 NOTE. AND AUTHORIZING EXECUTION OF SUCH ACCEPTANCE BY. AN APPROPRIATE OFFICER OF' THE TOWNSHIP; DESIGNATING A PAYING AGENT AND REGISTRAR; MAKING CERTAIN COVENANTS WITH RESPECT' TOT THE TAX: FREE STATUS THEREOF; ESTABLISHINGTIE SUBSTANTIAL FORM OF THE: 2022 NOTE AUTHORIZAING EXECUTION, AND AUTHENTICATION OF THE 20221 NOTE; COVENANTING TOPAY THE PRINCIPAL OF AND INTEREST ON THE 2022 NOTE. AND PLEDGINGTHE: FULL FAITH, CREDIT AND TAXING POWER OF THE' TOWNSHIP TOSUCH PURPOSEAUTHORVZING AND DIRECTING PAYMENT THEREFROM; SETTING FORTH CERTAIN. PROVISIONS WITH RESPECT TO THE INVESTMENT OF MONIES THEREIN; DESIGNATING A SINKING FUND DEPOSITORY; SETTING FORTH CERTAIN RIGHTS OF THE PAYING. AGENT AND NOTEHOLDENSINTIE EVENT OF DEFAULT AND OTHER RIGHTS OF THE PARTIES WITH RESPECT' TO THE 2022 NOTE; PROVIDING FOR' THE CIRCUMSTANCES UNDER WHICH THE ORDINANCE MAY: BE. AMENDED OR MODIFIED; AUTHORIZING AND DIRECTING SPECIFIED OFFICERS OF THE TOWNSHIP TO DO AND PERFORM CERTAIN SPECIFIED, REQUIRED OR APPROPRIATE ACTS; AUTHORIZING THE EXECUTION OF DOCUMENTS FOR CLOSING ANDTHEPAYMENT OF ISSUANCE EXPENSES; DECLARING THAT THE DEBT TO BE INCURRED IS WITHIN THE LIMITATION IMPOSED BY THE ACT UPON INCURRING OF SUCHDEBT BY THE TOWNSHIP; AUTHORIZING AND DIRECTING PROPER OFFICERS OF THE TOWNSHIP TO DELIVER THE 2022 NOTE UPON EXECUTION AND AUTHENTICATION THEREOF, UPON RECEIPT (00938012) 1 OF PROPER PAYMENT OF THE. BALANCE DUE' THEREFOR, AND ONLY AFTER SPECIFIED APPROVAL, ASI REQUIRED, OF THE. DEPARTMENT OF COMMUNITY ANDI ECONOMIC: DEVELOPMENT OF THE COMMONWEALTH OF PENNSYLVANIA; SETTING. FORTH CERTAIN COVENANTS RELATING TO THE FEDERALTAX STATUS OF THE: 2022 NOTE; PROVIDING FOR COMPLIANCE WITH THE SECURITIES AND EXCHANGE COMMISSION RULE. 15C2-12; PROVIDING FOR SEVERABILITY OF PROVISIONS OF THE ORDINANCE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR: PARTS OF ORDINANCESSO FAR. ASTHE SAME SHALL BE INCONSISTENT; PROVIDING WHENTHIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the Township is a Local Government Unit, as defined in the Local Government Unit Debt Act, of the Commonwealth of Pennsylvania, as codified by the Act of December 19, 1996, P.L. 1158, No. 177 (the "Act"); and WHEREAS, the Board of Supervisors ("Board") of this Township has determined to undertake a capital improvement plan including the construction and fixturing and equipping ofa swimming pool and other capital projects oft the Township as authorized by the Board concerning additions, alterations, renovations and improvements to and fixturing and equipping of certain Township facilities and grounds (the "Project" or "Capital Project"); and WHEREAS, the Township has determined to issue the 2022 Note in accordance with a financing report prepared by PFM Financial Advisors LLC as the financial advisor to the Township (the "Financial Advisor"); and WHEREAS, the Board has determined to implement the foregoing decision by the authorization, issuance and sale ofanew series of obligations, the Township's General Obligation Note, Series of2022 (the "Note"); and [(00938012) 2 WHEREAS, all oft the proceeds of the Note, after payment of costs ofi issuance, together with any other monies available or to be available for the purpose, will provide the necessary funds for the funding oft the Project; and WHEREAS, the Board: in contemplation oft the authorization, issuance. and: sale ofthel Note, has determined that the Note shall be offered for private sale by invitation, in the manner established by thel Financial Advisor, ina accordance with Section 8107 ofthe Act, which itl believes isi in the best interest oft the Township; and WHEREAS, the! Board of Supervisors upon the recommendation oft the Financial Advisor accepts the Proposal ("Note Purchase Proposal") from Penn Community Bank ("Bank") in the form submitted; to authorize issuance ofnon-electoral debt in the aggregate principal amount of the Note in connection with the Financing Study; and to take appropriate action and to authorize such action in connection with the Project, all in accordance with and pursuant toj provisions ofthe Act; and NOWTHEREPORE, BE ITI RESOLVED, by the Board of Supervisors oft this Township, as: follows: Section 1(a). Thel Board does authorize and direct thei issuance ofthe 2022 Note, pursuant tot this Ordinance, ini the aggregate principal amount of $7,500,000, for the purpose of funding the Project pursuant to the Act. The Note will be a general obligation of the Township payable from the general revenues of the Township. With reference to the Project, actual bids and realistic estimates have been obtained from qualified professionals of the costs of the Project, as such costs are defined in Section 8006 ofthe Act, and it has been determined to complete the financing ofs such costs by the issuance of Bonds 3 (00938012) under the. Act. Section 2. A brief description of the Capital Project, for which the debt to bei incurred, ofwhich the Bonds shall be evidence, is contained in the preamble hereof. The Township hereby determines that the estimated useful lives of the capital improvements composing the Project will be not less than 30 years, and the amortization ofthe Bonds has been structured to fully amortize on al level or earlier basis of each component of the Project before the expiration of their réspective useful lives. Section 3(a). The Board shall issue, execute and deliver the Note to the Bank under the terms and conditions set forth in the Note at a closing (the "Closing") in the aggregate principal amounto of$7,500,000: for the 2022 Note, ini fully registered form. The 2022 Note shalll bear interest at the fixed rate of 1.470% per annum, interest payable on April 1 and October 1 commencing October 1, 2022, until April 1, 2042. The Board accepts the debt service schedule set forth on Schedule "A" as it relates to the 2022 Note. (b). The Note shall be subject toj prepayment in whole or part as provided in the form oft the Note. The substantial form oft the Note is set forth in Section 7 herein. Section 4. The Board shall and does accept the proposal of the Bank for purchase of thel Note, which Note shall be and is awarded tot the Bank, in accordance withi terms and conditions of the Note Purchase Proposal, at private sale by invitation, at a dollar price of 100% of the principal amount thereof at Closing, together with accruedi interest from the datet thereofto the date ofdelivery thereof, if any, the Bank having submitted its proposal in accordance with provisions of the Act. Appropriate officers of the Township are authorized and directed to execute the Note Purchase Proposal. Section 5. The Board does hereby designate, the Bank, a banking institution having 4 100938012) offices in Riegelsville, Pennsylvania, or its successor or nominee-affiliate, as the "Paying Agent" forj purposes oft the Note. Section 6. The principal of and premium, if any, and interest on the Note shall be payable by account transfer, check or draft of the Paying Agent mailed or delivered to the registered owner at the address shown on1 the registration books as oft the close ofbusiness on the fifth (5") day prior to thej payment dates, inl lawful monies ofthe United States of America, without deduction of any tax or taxes now or hereafter levied or assessed thereon under any present or future law of the Commonwealth, which tax or taxes this Township assumes and agrees to pay; provided, however, that the: foregoing shall: not be applicable to gift, estate or inheritance taxes or to other taxes not levied or assessed directly on the Note or the interest paid thereon. Section 7. The Note, subject to any technical corrections orn modifications approved by Board and counsel, shall be in the following form: HANOVER TOWNSHIP Northampton County, Pennsylvania General Obligation Note, Series of2 2022 HANOVER TOWNSHIP (the Township"), a local government unit under and pursuant to the Local Government Unit Debt Act of the Commonwealth of Pennsylvania, as hereinafter defined, for value received, hereby promises to pay to Penn Community Bank, a banking institution with an office in Riegelsville, Pennsylvania (the "Bank"), or its successors or assigns, onort beforet the 1st day of April, 2042, uponsurrender! hereof, thej principal sum ofs Seven Million Five Hundred Thousand Dollars ($7,500,000), or such lesser sum as may have been advanced by the Bank to1 the Township pursuant toi the terms ofthe Ordinance as enacted. December 21, 2021. The Township further promises to pay the Bank interest on said principal sum at the fixed rate of( (1.470%) per annum ("Fixed Rate"), payable initially on October 1, 2022, and semi- annually on the 1st day of April and the 1st day of October until maturity hereof or if this Note shalll bej prepaid, until the date ofsuch prepayment, principal due ini full on or before. April 1,2042. Installments of principal on the Note shall be payable as set forth on the attached debt service schedule. Interest shall be calculated based on a year of three hundred and sixty (360) days, comprised oft twelve (12) thirty (30) day months. (00938012) 5 The principal of and interest on this Note shall be payable at the principal office of the Bank, or any successor or assignee, in any coin or currency ofthel United States of America which, at time ofp payment, is legal tender forj payment of public and private debts, tot the registered owner on the fifth (5") day prior to each payment date. The Note has been authorized for issuance in accordance with provisions of the Local Government Unit Debt Act (the "Act") of the Commonwealth and by virtue of an Ordinance of the Township duly enacted December 21, 2021 (the "Ordinance"). The Act, as such shall have beeni in effect when the Note was authorized, and the Ordinance shall constitute ac contract between the Township and registered owner, from time to time, oft the Note. The Note constitutes a general obligation of the Township payable from its general revenues. The Note is issued for the purpose of providing monies, in addition to those available, to fund the costs of the Project (as defined in the Ordinance). The Township has covenanted, in the Ordinance, to and with registered owners, from time to time, ofthel Note that shall be outstanding, that the Township: (I) shall include the amount of the debt service for the Note, for each fiscal year of the Township in which such sums are payable, in its budget for that fiscal year, (ii) shall appropriate such amounts from its general revenues for the payment ofs such debt service, and (iri) shall duly and punctually pay or cause to be paid from the sinking fund established under the Ordinance or any other of its revenues or funds, the principal ofthe Note and the interest thereon on the dates and plaçe and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, the Township has pledged and does pledge, irrevocably, its full faith, credit and taxing power. The Note will follow the guidelines oft the Local Government Unit Debt Act sO annual debt service will remain level or declining. This Note may be prepaid at the option of the Township in whole at any time without penalty upon payment of the principal thereof and accrued interest to the prepayment date. The Township, in the Ordinance, has established a sinking fund with the Bank, as the sinking fund depository, into which funds for the payment oft the principal of and the interest on this Note shall be deposited not later than the date fixed for the disbursement thereof, The Township has covenanted, int the Ordinance, to make payments out ofs such sinking fund or out of any other ofi its revenues or funds, at such times in such annual amounts, as shall be sufficient for prompt and full payment of all obligations oft this Note. This. Note is a qualfedtar-exempt obligation' " as defined in Section 265(b)(3)(B) ofthe Internal Revenue Code of1986, as amended (the "Code").for purposes and effect contemplated by Section 265 of the Code (relating to expenses and interest relating to tax-exempt income of certain financial institutions). Ifthel Bank shall merge or change itsi identity or assign this Note, the Bank shall give written (00938012) 6 notice of such action to the Township, which notice shall direct the Township to make payments hereunder henceforth to the appropriate successor or assignee. Such notice shall be effective if given not less than fifteen (15) days prior to any date for the payment of principal and interest thereunder, or for the prepayment of principal, if notice of prepayment shall have been given to the Bank. Reference is hereby made to the Ordinance and to the Note Purchase Proposal between the Township and the Bank for a statement of the nature, extent and manner of enforcement of the security, the terms and conditions under which the Ordinance may be amended or modified, the rights of the holder of the Note in respect to such security, and the terms and conditions under which the Note is issued. The Township has established with the Bank a sinking fund for the Note and has made provision for the deposit therein from its general revenues, of amounts sufficient to pay, and from which the Bank, as paying agent and sinking fund depository, is required to pay, thej principal ofandi interest on thel Note as the same shall become due andj payable. Itis hereby certified that: () all acts, conditions and things required to be done, to happen ort to bej performed as conditions precedent to and in: issuance of this Note ori in creation oft the debt ofwhich this Notei is evidence have been done, have happened or have been performed in due and regular form and manner, as required by law; and (ii) the debt represented by this Note, together with any other indebtedness ofthe Township, is noti in excess ofany limitation imposed by the Act upon the incurring of debt by the Township. 100938012) 7 IN WITNESS WHEREOF, the Township has caused this Note to be executed in its name by the signature of the Chairman or Vice Chairman oft the Board of the Township, and its seal to be affixed hereto, attested by the Secretary, all as of ENACTED AND ORDAINED this 2021. day of 2021. ATTEST: BOARD OF SUPERVISORS OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY By: By: Elizabeth D. Ritter, Secretary John N. Diacogiannis, Chairman (00938012) 8 CERTIFICATE OF REGISTRATION NOTICE. NO WRITING HEREON EXCEPT BYPAYING AGENT ON BEHALF OF THE MAKER It is hereby certified that the foregoing Note is registered as to principal and interest as follows: Name of Address of Date of Registration Paying Agent's Authorized signature Registered Owner Registered Owner (00938012) 9 (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Note, and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Note onl the books of the within named Maker, with full power ofs substitution in the premises. Tax Identification No. Dated: NOTICE: The: signature on this assignment must correspond with thei name as it appears upon the fact of the within note in every particular, without alteration or any change whatsoever. (00938012) 10 Section 8. The Note shall be executed in the name of and on behalf of this Township by the signature or facsimile signature of the Chairman or Vice Chairman of the Board of the Township, and the official seal oft this Township or a facsimile thereof: shall be affixed thereunto, attested by the signature or facsimile signature of the Secretary. Attached hereto as Schedule A is the debt service schedule for the Note, Section 9. This Township covenants to and with thel holder or registered owner of the Note, from time to time, pursuant to this Ordinance, that this Township shall include the amount oft the debt service thereon for each fiscal year of this Township in which such sums are payable, in its budget for each such fiscal year, shall appropriate such amounts to the payment of such debt service, and duly and punctually shall pay or shall cause to be paid the principal of the Note and the interest thereon on the dates and place and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, this Township shall and does pledge, irrevocably, its full faith, credit and taxing power. As provided in the Act, the foregoing covenant of this Township shall be enforceable specifically. Furthermore: (a) There are created pursuant to Section 8221 oft the Act, sinking funds for the Note, to be known as the "Sinking Fund, General Obligation Note, Series of 2022", or the 2022 Note Sinking Fund", which sinking fund: shall be administered in accordance with applicable provisions oft the Act. (b) From the funds deposited in the appropriate sinking fund, the Paying Agent, without further action of the Township, is hereby authorized and directed to pay the principal of and interest on the respective Note, and the Township hereby covenants that such monies, to the (00938012) 11 extent required, willl be applied tos such purpose, as: follows: thel Paying Agent shall pay alli interest and principal on each Note, as and when the same shall become due and payable. Section 10. The Township appoints the Paying Agent as the Sinking Fund Depository with respect to the Sinking Fund created pursuant to Section 9 oft this Ordinance. Section 11. The Chairman or Vice Chairman ofTownship is authorized and directed to contract with the Bank for its services as Sinking Fund Depository and as Paying Agent in connection with the Note and is authorized and directed to execute on behalf of the Township at the appropriate time, a Paying Agent. Agreement with the Bank ini its capacity as. Paying. Agent for the Note. The Chairman or Vice Chairman and Township Manager are authorized to approve payment at closing on the sale of the Note of all costs and expenses incidental to such issuance and sale and consummation oft the. Project. Section 12. The following additional terms and conditions shall apply, as appropriate, (a) Should the Township fail to provide the Paying Agent with sufficient funds, payable to the Sinking Fund, at appropriate intervals, sO as to enable the Paying Agent to pay the principal and interest on the Note as and when due, or should the Township, through the Paying Agent, fail to make such payments as and when due, or should the Township fail to perform any other covenant or condition contained in this Ordinance and running to the benefit of the holder orregistered owner of thel Note, or contained int the Act as applicable to the Note, such failure shail constitute a default by the Township, and the registered owner of the Note shall be entitled to all the rights and remedies provided by the Act in the event of default. Ifany such default occurs, the Paying Agent may, and upon written request oft the registered owner oft the Note accompanied by indemnity in such form and in such amount as the Paying Agent shall designate or a Court of competent jurisdiction shall set and establish, shall bring suit upon the Note, or by other tot the Note: (00938012) 12 appropriate legal or equitable action restrain or enjoin any acts by the Township which may be unlawful or in violation oft the rights oft the owner oft the Note. (b) With respect to the Note hereunder, when such 2022 Note shall be paid by the Township or the Paying Agent pursuant to the terms and provisions oft this Ordinance, they shall be cancelled and cremated or otherwise destroyed by the Paying Agent, which shall then furnish the' Township with a Certificate of Cremation or Destruction, ifrequested. (c) The Note or any of them hereunder shall be deemed to be no longer outstanding if provision for payment at maturity or at redemption, such redemption having been irrevocably undertaken, shall have been made in ai manner authorized under Section 8250(b) oft the Act. (d) With respect to the Note hereunder, the Township may, from time to time and at any time, enact a supplemental Ordinancei in order to: (1)cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental Ordinance, or (2). grant to or confer upon the owner of the Note any additional rights, remedies, powers, authority, or security that may be lawfully granted to or conferred uponi it. ThisOrdinance may also be amended or modified from time to time, except with respect to the interest payable upon the Note, or with respect to the date of payments and maturity of the Note, and in the case of any such permitted amendment or modification, a certified copy oft the same shall be filed with the Paying Agent following approval in writing by the owner of thel Note, unless provision for payment or redemption ofthel Note has been made prior to the effective date thereof as provided in subsection (c) above. Section 13. The Chairman or Vice Chairman or Township Manager of this Township, which shall include their duly qualified successors in office, if applicable, are authorized and directed as appropriate; (a) to prepare, to certify and to file the debt statement required by Section 8110 of the Act; (b) to prepare and file, as required with the Department of Community and Economic Development (the' Department)ofthet Commonwealth, statements: required by Section (00938012) 13 8024 or 8026 ofthe Act, which are: necessary to qualify certain non-electoral and lease rental debt of this Township and, if necessary, the debt which will be evidenced by the Note to be issued hereunder, as subsidized or self-liquidating debt; (c) toj prepare, execute and to file the application with the Department, together with a complete and accurate transcript for the proceedings relating totheincurring ofc debt, of which debt thel Note, uponi issue, will be evidence, as: required by Section 8111ofthe Act; (d) to pay or to cause to be paid tot the Department all proper filing fees required by the Act in connection with the foregoing; and (e) to take other required, necessary and/or appropriate action. Section 14. Itisdeclared that the debt to bei incurred by thei issuance ofthel Notel hereby, together with any other indebtedness of the Township, is not in excess of any limitation imposed by the. Act upon the incurring of debt by the Township. Section 15. (a) The Township hereby covenants with the registered owners, from time tot time, oft the 2022 Note that no part of thej proceeds ofthe 2022 Note or ofany monies on deposit with the Paying Agent and Sinking Fund Depository hereunder will be used, at any time, directly orindirectly, in ai manner which, ifsuch use. had been reasonably expected on the date ofissuance oft the 2022 Note, would have caused the 2022 Note to be "arbitrage Note" within the meaning of Section 148 of the Internal Revenue Code of 1986 (the "Code") and the Regulations thereunder (the Regulations") proposed or in effect at the time of such use and applicable to the 2022 Note, and that it will comply with the requirements of the section of the Code and the Regulations throughout the term oft the 2022 Note. (b) After review and consultation with its Financial Advisor, if the Township determines that in calendar year 2022 the total amount of obligations to be designated will not exceed the pertinent limits established by law, the Township shall designate the 2022 Bonds to be "Qualified Tax Exempt Obligations" pursuant to Section 265(b)(3) of the Code, and (00938012) 14 represent and covenant that the total amount ofits obligations sO designated and tol be designated during the current year does not and will not exceed the limits established by law. (C) Ift the total tax-exempt borrowings of the Township in the calendar year 2022 should exceed the applicable exemption limitation, and ifthe gross] proceeds ofthe2022 Notei is invested at a yield greater than the yield on the 2022 Note and are not expended within six months from the date ofi issuance, or within the applicable periods therefrom and in the applicable percentages if Section 148()(4)(C)() shall be applicable, the Township covenants that it will "Rebate" toi the U.S. Treasury, at the times and in the manner required by the Code, all investment income derived from investing the proceeds of the 2022 Note in an amount which exceeds the amount which would have been derived from the investment of the proceeds of the 2022 Note at ay yield not in excess of the yield on the Note, Provided however, that the Chairman or Vice Chairman of the Township Board and the Township Manager are hereby authorized on behalfof the Township to exercise an election to pay, in lieu of Rebate, a penalty pursuant to Section 148()4)C/VI), which election, if made in their discretion, shall be contained in the TowmahpsNom-Arhinge Certificate with respect to the 2022 Note issued at closing thereon, and shall thereupon become binding upon the Township, in which case the Township shall pay the appropriate penalties, as applicable, as and when due, in lieu of) Rebate. Section 16. To the extent required, the Township does hereby covenant and agree, for the benefit of the holders of the Note from time to time, it will comply with the requirements of Rule 15c2-12 of the Securities and Exchange Commission ("SEC") with respect to municipal securities disclosure and will execute and comply with an appropriate Continuing Disclosure Certificate as approved by Note counsel as long as the Note is outstanding but only as required. Section 17. Proper officers of this Township are authorized and directed to deliver the Note, upon execution thereof as provided for herein, to the Bank, but only upon receipt of proper (00938012) 15 payment oft the balance due or the amount then tol be drawn thereon, and only aftert the Department has certified its approval pursuant to Section 8111 ofthe Act, and toj pay or direct the payment of the costs of issuance and comply with the Note Purchase Proposal requirements, including any fees due and payable to the Bank. Section 18. In the event that any provision, section, sentence, clause or part of this Ordinance shall be held invalid, suchi invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of the Township that such remainder shall be and shall remain in full force and effect. Section 19. All Ordinances or parts of Ordinances, insofar as the same shall be inconsistent herewith, shall be and the same expressly are repealed. Section 20. This Ordinance shall be effective in accordance with Sections 8003(c) of the Act. (00938012) 16 HANOVERTOWNSHIP NORTHAMPTON/COUNTY.PENNSYLVANIA INI RE: 2022 FINANCING PROJECT BORROWINGORDINANCE CERTIFICATE OF ENACTMENT CERTIFICATE I, the undersigned, Secretary of the Board of Supervisors of the Hanover Township, The foregoing is at true and correct copy of an Ordinance which duly was enacted finally by affirmative vote ofar majority of all: members of the Board of Supervisors oft the Township at a meeting duly held on the 21st day of December 2021; said Ordinance duly has been recorded in the Minute Book of the Board ofs Supervisors; notices with respect to enactment (both before and after enactment) of said Ordinance have been published as required by law; and said Ordinance has not been amended, altered, modified, or repealed as oft the date ofthis certificate. Northampton County, Pennsylvania (the Township"), certify that: Ifurther certify that: The total number of members ofthe. Board of Supervisors ofthe Township is five (5); the vote of the members of the Board of Supervisors upon said Ordinance was called and duly was recorded upon the Minutes ofs said meeting; and members oft the Board of Supervisors voted upon said Ordinance in the following manner: John N. Diacogiannis Michael J. Prendeville Jeffrey M. Warren John D. Nagle Susan A. Lawless, Esq. IN WITNESS WHEREOF, Is set my hand and affix the official seal oft the Township, this 21st day ofDecember, 2021. Secretary [00938012) 18 TOWNSHIP OF HANOVER GENERAL OBLIGATIONNOTE, SERIES OF 2022 $7,500,000 Interest Semi-Annual DebtService 75,337.50 381,125.00 52,728.90 382,728.90 50,303.40 385,303.40 47,841.15 387,841.15 45,342,15 390,342.15 42,806,40 392,806.40 40,233.90 396,233.90 37,617.30 397,617,30 34,971.30 399,971,30 32,288.55 403,288.55 29,561,70 405,561.70 26,798.10 408,798.10 23,990.40 410,990.40 21,145.95 414,145.95 18,257.40 417,257.40 15,324.75 420,324.75 12,348.00 423,348.00 9,327.15 426,327.15 6,262.20 429,262.20 3,153.15 432,153.15 8,731,066.20 Fiscal Year Debt Service 75,337.50 433,853.90 433,032.30 433,144.55 433,183.30 433,148.55 433,040.30 433,851.20 432,588.60 432,259.85 432,850.25 432,359.80 432,788.50 432,136.35 432,403.35 432,582.15 432,672.75 432,675,15 432,589.35 432,415,35 432,153.15 8,731,066.20 Date 10/1/2022 4/1/2023 10/1/2023 4/1/2024 10/1/2024 4/1/2025 10/1/2025 4/1/2026 10/1/2026 4/1/2027 10/1/2027 4/1/2028 10/1/2028 4/1/2029 10/1/2029 4/1/2030 10/1/2030 4/1/2031 10/1/2031 4/1/2032 10/1/2032 4/1/2033 10/1/2033 4/1/2034 10/1/2034 4/1/2035 10/1/2035 4/1/2036 10/1/2036 4/1/2037 10/1/2037 4/1/2038 10/1/2038 4/1/2039 10/1/2039 4/1/2040 10/1/2040 4/1/2041 10/1/2041 4/1/2042 10/1/2042 TOTALS Principal 326,000 330,000 335,000 340,000 345,000 350,000 356,000 360,000 365,000 371,000 376,000 382,000 387,000 393,000 399,000 405,000 411,000 417,000 423,000 429,000 7,500,000 Rate 1.470 75,337.50 1.470 55,125.00' 1.470 52,728.90 1.470 52,728.90 1.470 50,303.40 1.470 50,303.40 1.470 47,841.15 1.470 47,841.15 1.470 45,342.15 1.470 45,342.15 1.470 42,806.40 1,470 42,806.40 1.470 40,233.90 1.470 40,233,90 1.470 37,617.30 1.470 37,617.30 1.470 34,971.30 1.470 34,971.30 1.470 32,288.55 1.470 32,288.55 1.470 29,561.70 1.470 29,561.70 1.470 26,798.10 1.470 26,798.10 1.470 23,990.40 1,470 23,990.40 1.470 21,145.95 1.470 21,145,95 1.470 18,257.40 1,470 18,257.40 1.470 15,324.75 1.470 15,324.75 1.470 12,348.00 1.470 12,348,00 1.470 9,327.15 1.470 9,327.15 1.470 6,262.20 1.470 6,262.20 1.470 3,153.15 1.470 3,153.15 1,231,066.20 SCHEDULEA 19 (00933496)