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HomeMy WebLinkAboutMinutes - 19910521 a Approved June 25, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 21, 1991 The Board of E & R was held at 5:30 p.m. The minutes for that meeting have been approved and have been placed in the E & R minute book in the Clerk's Office. The Orange County Board of Commissioner met in Regular Session on Tuesday, May 21, 1991 at 7:30 p.m. in the Franklin Street Post Office District Courtroom in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , Vice-Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Captain Joe Dickey, Housing and Community Development Director Tara Fikes, Administrative Secretary V Kelly James, Purchasing Director Pam Jones, Sheriff Lindy Pendergrass, Child Support Director Janet Sparks, Fire Marshall Mike Tapp, and Major Don Truelove. BOARD COMMENTS Commissioner Halkiotis made reference to the Davis Road situation and stated that according to DOT the statement that they would not maintain Davis Road was made in error. He asked the County Manager to keep the Board updated on this situation. COUNTY MANAGER'S REPORT None I. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Willhoit added as item III-A. 0 a report from Marti Cook on the State requirement to set up a committee to review child abuse cases. Commissioner Gordon deleted from the appointments the Chapel Hill Planning Board. The OWASA Board appointment was tabled. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that any member of the audience who has indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE 2 PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: A. AGREEMENT BETWEEN UNC-CH SCHOOL OF DENTISTRY AND THE ORANGE COUNTY HEALTH DEPARTMENT The Board approved and authorized the Chair to sign an agreement with the UNC-CH School of Dentistry which will enable the Orange County Health Department Dental Clinic to be used by the UNC-CH School of Dentistry to conduct a twelve-month clinical trial to test the efficacy of an anti-plaque dental mouth rinse and/or toothpaste and the prevention of gingivitis. B. LEASE RENEWAL FOR SOLID WASTE COLLECTION CENTER The Board approved and authorized the Chair to sign a lease renewal for the solid waste collection center on Highway 57. The lease is for a period of 5 years effective April 1, 1991 through March 31, 1996 at a rate of $100. 00 per month. C. 1990-91 AUDIT CONTRACT The Board approved and authorized the Chair to sign a contract with Deloitte & Touche to develop the audit for the fiscal year ending June 30, 1991. The contract amount is $30,500. D. GOVERNMENT SERVICES CENTER - CHANGE IN CONTRACT AMOUNT FOR ARCHITECT The Board approved the additional architect fees of $4,300. This additional cost was attributed to some re-design work required in response to the recommendations from the Hillsborough Historic District Commission. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS Chair Carey recognized and commended the following list of people who participated in Project KIDS. Project KIDS was an inter-agency effort spearheaded by the County's Child Support Enforcement Department. This State/County coordination resulted in child support collections which increased 17% in August, 1990 and 28% in September, 1990. Over $17, 000 was collected on the court day of September 17th. CLERK OF COURT DEPARTMENT Shirley James, Clerk of Court Myra Crawford, Deputy in charge of collections SHERIFF'S DEPARTMENT Sheriff Lindy Pendergrass Major Don Truelove 3 Captain Joe Dickey and others who actually served the papers DISTRICT COURT JUDGES Judge Patricia Hunt Judge Stanley Peele CHILD SUPPORT ENFORCEMENT OFFICE Janet Sparks, Director Elaine Glenn, Office Assistant Kelly James, Admin. Secretary V Deborah Ricks, Child Support Officer Natalie Young, Child Support Officer B. RESOLUTIONS OF APPRECIATION FOR ROD VISSER AND BOBBY INMAN Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and sign the Resolution of Appreciation for Rod Visser as stated below: RESOLUTION OF APPRECIATION FOR RODERICK VISSER WHEREAS, Roderick Visser is an Orange County resident and employed by Orange County as Assistant County Manager, and WHEREAS, Roderick Visser is a Major in the United States Army assigned to the 422nd Civil Affairs Company in Greensboro, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Roderick Visser faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from December 11, 1990 through May 9, 1991, and WHEREAS, Roderick Visser has safely returned to his home and work in Orange County, NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Roderick Visser for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and sign the Resolution of Appreciation for Bobby Inman as stated below: RESOLUTION OF APPRECIATION FOR BOBBY INMAN WHEREAS, Bobby Inman is employed by Orange County as Motor Pool Supervisor in the Public Works Department, and WHEREAS, Bobby Inman is a Sergeant 1st Class in the United States Army assigned to the HHC 171st Support Group in Garner, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and 4 WHEREAS, Bobby Inman faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from September 12, 1990 through March 25, 1991, and WHEREAS, Bobby Inman has safely returned home and to his work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Bobby Inman for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. PROPERTY ACQUISITION - SOUTHERN HUMAN SERVICES BUILDING This item was presented for the receipt of public comments. John Link stated that a site has been found for the Southern Human Services Building which the Commissioners have endorsed. The site which is located off of Airport Road on Homestead Road in Chapel Hill contains 34.10 acres for a total cost of $852,500. The County will pay $550,000 at the time of closing and will finance the remaining balance through the owner, Mr. Hoyle, for 50 months at a 7% interest rate. This will yield a total cost of the property, including interest, of $908,189. THERE WERE NO PUBLIC COMMENTS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to ratify the publication of the Notice of the Public Hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the Resolution attached on pages of these minutes and an offer to purchase and contract for the purchase by Orange County of 34. 10 acres owned by Mr. Vinton Hoyle, Jr. , for a sum of $852,500 to be financed in the manner heretofore described and to authorize the County Attorney to handle the appropriate paperwork on behalf of the Board of Commissioners and authorize the Board Chairman and the Clerk to the Board to execute all documents on behalf of the County necessary to this transaction. VOTE: UNANIMOUS 5 VII. REPORTS A. JOB TRAINING PARTNERSHIP PROGRAM FOR FY 91-92 Albert Kittrell and members of the Private Industrial Council reviewed the Job Training Partnership Act training programs and funding for fiscal year 1991-92. Commissioners Insko and Gordon asked for additional information which will be provided by Mr. Kittrell. This report was received as information. B. REVIEW OF ENVIRONMENTAL ASSESSMENTS Planner Mary Scearbo reviewed the procedure by which the Board of Commissioners may be notified of the submittal of an Environmental Assessment required by the Environmental Impact Ordinance. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis that the current practice for reviewing environmental assessments continue to be an administrative process as outlined in Attachment I with only Environmental Impact Statements presented to the Board of Commissioners as part of the public hearing process. Environmental Assessments will be distributed to individual commissioners at their request. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGULAR AGENDA A.0 STATE REQUIREMENT FOR A REVIEW COMMITTEE FOR CHILD ABUSE CASES Commissioner Willhoit indicated that a determination needs to be made if this requirement is good for Orange County or not. The Board has added Child Protective Workers to the Department of Social Services at 100% county money. Social Services Director Marti Pryor-Cook stated that this committee is being required by the State in response to growing concerns about the Child Protective Services system in North Carolina and the twenty-one children who died over the past year. The State of North Carolina has been severely criticized through the media for the lack of leadership in this area as it relates to working with the 100 counties to strengthen the system of protecting children and providing services to families. One particular point of criticism has been the lack of funding in this area to assist local governments. On May 2, the Governor issued an Executive Order mandating that all 100 counties create child protection teams as well as child fatality review teams in each county. The purpose will be to review certain cases of child abuse or neglect including local child fatalities. Counties that fail to implement the teams will lose state funding for protective service administration. In Orange County that amounts to about $55, 000 or 1.5 social workers. The full impact of these teams on operations cannot be determined at this time because there have been no specific guidelines developed by the State Department of Human Resources as it relates to the scope of the cases to be reviewed or the kinds of records or reports that must be maintained. She is to receive that information after June 5. According to the Executive Order, these teams must be operational 6 by June 2. Although those in Social Services support this concept, they also believe that resources must be available for adequate staff and training. They also believe that there should be a statewide review system. In Orange County, they are already involved in many review processes. Ms. Cook believes that without some specific guidelines, this could turn into another layer of bureaucracy and will also limit some of the resources the County has to investigate child abuse and neglect because staff support will need to be made available to this review team. The Board agreed to send a letter to the Governor and the County's legislative delegation outlining what the County is already doing and how much money the County puts into protective services above the state allocation for this program. A. CHESTNUT OAKS HOUSING DEVELOPMENT PROGRAM - APPROVAL OF ENVIRONMENTAL REVIEW RECORD AND DEVELOPMENT AGREEMENT Tara Fikes updated the Board on the status of the Habitat sponsored Chestnut Oaks subdivision. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to (1) receive the status report as information, (2) approve the Environmental Review Record and authorize the Chair to sign the document on behalf of the Board, (3) authorize the publication of the Notice to the Public of No Significant Impact on the Environment and Request for Release of Funds in the Durham Morning Herald on or about May 24, 1991, and (4) approve the Development Agreement with Habitat for Humanity and authorize the Chair to sign the document on behalf of the Board. VOTE: UNANIMOUS B. OPC MENTAL HEALTH AGENCY BUILDING RENOVATIONS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the request from Orange-Person- Chatham Mental Health Agency to construct an addition to the Southern Human Services Building #2 and allocate $20, 000 from the current CIP. VOTE: UNANIMOUS C. PLANNING PROCESS FOR SOUTHERN HUMAN SERVICES BUILDING Pam Jones explained the planning process for the Southern Human Services Building. The planning committee will (1) interview and recommend the architect to the Board of Commissioners, (2) review and recommend a final schematic design to the Board, and (3) review and comment on design (interior) drawings. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the planning process as outlined above and to appoint Commissioner Insko as the Board's representative to the Planning Committee with Commissioner Halkiotis serving as the alternate. VOTE: UNANIMOUS D. CONTRACT APPROVAL - COMMUNICATIONS SYSTEM COVERAGE EVALUATION AND SYSTEM UPGRADE RECOMMENDATIONS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a 4 7 contract with RF Projects for communications system coverage evaluation and system upgrade for a sum of $11,900. VOTE: UNANIMOUS E. PROPOSED RESOLUTION FOR CONSIDERATION BY THE N.C. ASSOCIATION OF COUNTY COMMISSIONERS This item was postponed to the next regular meeting. F. HISTORIC INVENTORY GRANT Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the County Manager to sign the Memorandum of Agreement accepting a $5,000 survey and planning grant from the State Historic Preservation Office to conduct a historic properties inventory in Chapel Hill Township and to approve the request for proposals to be sent to consultants interested in undertaking the project. VOTE: UNANIMOUS G. AMENDMENTS TO THE EROSION CONTROL ORDINANCE Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the proposed amendments to the Erosion Control Ordinance, including the changes to Section 26 as recommended by the County Attorney. (A copy of the descriptive narrative is in the permanent agenda file in the Clerk's Office. A copy of the approved amendments will be in the Official Ordinance Book. ) VOTE: UNANIMOUS H. BUDGET AMENDMENT - RENCHER STREET CDBG PROGRAM Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the transfer of $40, 000 from the County Section 8 Reserve Fund to the Rencher Street Community Development Program. VOTE: UNANIMOUS I. POE EDUCATION HEALTH CENTER After a brief discussion, action was delayed on this item. It was decided that the School Boards would be requested to participate in this contribution. XI. APPOINTMENTS OWASA - postponed to allow applicants an opportunity to respond to a list of questions approved by the Commissioners. TRIANGLE TRANSIT AUTHORITY - Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to appoint Commissioners Willhoit and Insko to this authority. VOTE: UNANIMOUS CHAPEL HILL BOARD OF ADJUSTMENT - Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to reappoint Kenneth Bagwell 4 8 as a regular member and Ron Ginsburg as an alternate member and to appoint Julian Raney as a regular member. VOTE: UNANIMOUS CHAPEL HILL PLANNING BOARD - Postponed to a later meeting. ORANGE COUNTY HISTORIC PRESERVATION COMMISSION - Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Norma White, Jean Anderson, Patricia Dickinson, Todd Dickinson and Trawick Ward to this Commission. VOTE: UNANIMOUS COMMISSION FOR WOMEN - Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint Linda Carver, and to appoint Bonnie Davis, Aimee Tattersall and Betty Caldwell to this Commission. VOTE: UNANIMOUS NEW HOPE CREEK CORRIDOR STUDY - Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to appoint Chairman Moses Carey to this group. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the April 1, 1991 regular meeting as presented. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the minutes for the April 16, 1991 regular meeting as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to be considered, Chairman Carey adjourned the meeting at 10: 15 p.m. The next regular meeting will be held on Tuesday, May 28, 1991 at 7: 30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk OFFER TO PURCHASE AND CONTRACT 472 Orange COL'n , 1\C t Cp..n1 np ,as Buyer. hereby offers to purchase and Vinton A. Houle. Jr. and wife,Martha G. Hoyle ,as Scher. upon acceptance of said offer. agrees to sell and convey. all of that plot, piece or parcel of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property"), in accordance with the Standard Provisions on,tre REVERSE SIDE HEREOF and upon the following terms and conditions. 1. REAL PROPERTY: Located in the ki of, Chapel Hi 11 ,County of Orange 4111/ • State of North Carolina.being known as and more particularly described as: Street Address Homestead Road, Chapel Hill, North Carolina zip 27516 Legal Description 34 . 10 acres located on the SQyath sjde of PomPctm, r Rnar9 west of N.C. Highway 86. Crhappl Hi11 . North Carolina 2. PERSONAL PROPERTY: S. PURCHASE PRICE: The purchase price is 5 852 ,500.00 and shall be paid as follows: (a)5 .in earnest money paid by (cash',bank,certified,or personal check) with the delivery of this contract,to be held in escrow by .as agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF; (b)S ,by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of crtut on the Property'. (c,$ 302,5 0 0.0 O.by a promissory note secured by a purchase money decd of met on the Property with interest prior to default at the rate of 7 %perannumpayableasfollows: 19 quarterly payments of $18 .852 .03 . financng t be provided by Seller Prepayment restrictions and/or penalties,if any.shall be: Assumption or transfer rights,if any,shall be: (d)s 550 r 000•00 T1<b#19nees9Pthes+etches 7ertmils cash at closing. 4. CONDITIONS:(State N/A in each blank of paragraph 4(a)and 4(b)that is not a condition so this contract.) (a)The Buyer most be able to obtain a firm commitment on or before N/A ,effective through the date of closing. 'fora N/A loan in the principal amount of S N/A for a term of N/A year(s).at an interest rate not to exceed N.J A %per annum,with mortgage loan discount points not to exceed N LA %of the loan amount.Buyer agrees to use his best efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision.If Seller is to pay any loan closing costs,those costs • are as follows: NIA (b) The Buyer must be able to assume the unpaid principal balance of the existing loan descnved in paragraph S(b) above for the remainder of the loan term,at an interest rate not to exceed NIA _%per annum fixed for describe type of loan) N/A with mortgage loan assumption and/or discount points not to exceed_11/A qc of the loan balance.(See Standard Provision No.2).If such assumption: requires the lender's approval,approval must be granted on or before N/A .Buyer agrees to use his best efforts to secure such approval and to advise Seller immediately upon his receipt of the lender's decision. If Seller is to pay any loan assumption costs, those costs 1110 are as follows: N/A (c) There must be no restriction, ea'ement. zoning or other governmental regulation that would prevent the reasonable use of the real property for government faci 1 4tips pnt"_ o'fiC'P corr101F'}' purposes. 5. ASSESSMENTS: Seller warrants that there are no special assessments. either pending or confirmec. for sidewalk, paving. water, sewer or other improvements on or adjoining the Property.except as follows: No^e (insert"None"or the identification of such assessments,if any.The agreement for payment or proration of any assessments indicated is to be set forth in paragraph G below.) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE I'IEREOF are understood and shall apply to this Instrument. except the following numbered Standard Provisions shall be deleted: (If none are to be deleted,state"None".) -r , 6, ,1 • Prot'1 s 1 Or, 4 (?.,.� ' c revised to read: Ad valorem taxes cn real property shall be prorated on a calendar year basis to the date of closing; any deferred taxes shall be paid at closing by Seller; (b) "As soon as possible" in Paragraph 7 shall be deemed to mean when Sellers can furnish Buyer with estate closing letters from the Internal Revenue Service and the N.C. Dept. of Revers:: (c) Martha G. Hoyle joins in the execution of this contract to bind herself to convey any marital interest she might have in the real property and for no other purposes. IF THERE ARE ANY ADDENDA'I'O'I111S CONTRACT.INDICA'T'E ABOVE AND A'T'TACH HERETO, 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before as soon as possible(See 6 b�ata place designated by Buyer • The deed is to be made to Orange County, North Carolina 8. POSSESSION: Possession shall be delivered at closing In the event that Buyer has agreed that possession is not delivered at closing.then Seller agrees to pay to Buyer the sum of S per day from and including the date of closing to and including the date that possession is to be delivered as above set forth. 9. COUNTERPARTS: This offer shall becwne a binding contract when signed by both Buyer and Seller.I:is to be signed in a_r•rm (7 counterparts with a signed counterpart being retained by each party hereto and the escrow agent,if any. Date of Offer: Date of Acceptance: Buyer ____-(SEAL) Seller, 771,2.74../��'•"". Q-_ )r (SEAL) Buyer __—(SF.nI.) Sol er y - i (SEAL) • I hereby acknowledge receipt of the earnest money hrrcin set forth and agree to hold and disburse the same in accordance with the terms hereof. Date. Firm By: Name of Selling Agent/Firm Name of Listing Agent/Firm This Stanoart Form has peer.apprO.eC tomeiy S'tie: ^:.C.Bar Assoc.form No. 2,C 1967, NORTH CA'OJ!NA BAR o,SSOCI.:?iON '..reed fir aareemenr w,m.N.0 tar Nso_— STANDARD PROVISIONS I. EARNEST MONEY: In the event this offer is not (unless otherwise provided in this contract), but such 473 accepted. or in the event that any of the conditions hereto arc inspections must be completed in sufficient time before closing not satisfied. or in the event of a breach of this contract by to permit any repair to be completed by clotting. 17 any repairs Seller, then the earnest money shall he returned to Buyer. but are necessary, Seller shall have the option' of (a) completing such return shall not aflec't ails other mntcd;cs available to them, (b) providing for their completion. or (c) refusing to Buyer for such breach. In the event this rifler is arreptr•tl and complete them. If Seller elects not to complete or provide for • Buyer breaches this contract. then the earnest money shall be the completion of the repair. then Buyer shall have the option forfeited. but such forfeiture shall not affect any other remedies of (d) accepting the Property in its present condition. or (e) available to Seller for such breach. NOTE: In the event of a terminating this contract. in which case the earnest money shall dispute between Seller and Buyer over the return or forfeiture of be refunded. Closing shall constitute acceptance of each of the earnest money held in escrow by a broker. the broker is required systems, items and conditions listed in (i), (ii), (iii) and (iv) by state law to retain said earnest money in his trust or escrow above in its then existing condition unless provision is account until he has obtained a written release from the parucs otherwise made in writing. consenting to its disposition or until disbursement is ordered by IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) a court of competent jurisdiction. LOAN,SELLER SHALL PAY THE COST OF ANY WELL/WATER 2, LOAN ASSUMED: In the event a loan is assumed as pan AND SEPTIC/SEWER SYSTEM. INSPECTION. of the payment of the purchase price, then all payments due RECOMMENDATION: Buyer should have zny inspections made from Seller thereon must be current at ucs;ng, and the principal prior to incurring.expcns$for elating. balance assumed shall be computed as of the date of closing. 9. WOOD-DESTROYING INSECTS: Unless otherwise The amounts shown for the assumption balance and cash at stated herein Buyer shall have the option of obtaining, at closing shall be adjusted as appropriate at closing to reflect t:e Buyer's'expense. a report from a licensed pest control operator final computations. Unless Buyer has otherwise specifically on a standard form in accordance with the regulations of the agreed in writing, the existing—loan must be assumable without North Carolina Structural Pest Control Committee, stating that either acceleration of the amount secured or any change in the there was no visible evidence of wood.destroying insects and original terms of the note and deed of trust. Buyer shall be containing no indication of visible damage therefrom. The responsible for all loan assumption costs. Seller shall have no report must be obtained in sufficient time before closing so as obligation to pay any loan assumption costs unless specifically to permit treatment. if any. and repairs, if any, to be completed set forth in this contract. The escrow account. if any, shall be pr Or to chasing. All treatment required shall b: paid for by purchased by Buyer. Seller and completed prior to closing, unless otherwise agreed 3. PROMISSORY NOTE AND DEED OF TRUST: In the upon in writing by the parties. If any structural repairs are event a promissory note secured by a deed of trust is given by necessary. Seller shall have the option of (a) completing them, Buyer to Seller as part of the payment of the purchase price, the (b■ providing for their completion, or.(c) refusing to complete promissory nice :nil deed of trust shall be in the form of and them. If Seller sleets not to complete or provide for the cumin the provisions of the currently approved N. C. Ilan completion of structural repairs. then Buyer shall have the Association Forms 4 and 5, as modified in paragraph 3(c) on the option of (d) accepting the Property in its present condition, or reverse side hereof. (e) terminating this contract, in which case the earnest money shall be refunded. The Buyer is advised tna. the inspection and 4. PRORATIONS AND ADJUSTMENTS: Unless otherwise report described in this paragraph mar not always reveal either provided, the following items shall he prorated and either structural damage or damage caused by arena or organisms ocher adjusted between the parties or paid at chasing. than wood•destroving insects. If new construction, Seller shall (a) Ad valorem taxes on real property shall be prorated on a provide a new construction termite guarantee. calendar year basis to the date of closing: IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) 411111 (b) Ad valorem taxes on personal property for the entire year LOAN, SELLER SHALL PAY THE COST OF THE WOOD- shall be paid by Seller; DFSTRO\ING INSECT REPORT. (c) All late listing penaltir,. if any,shall be paid by Seller: 10. LABOR AND MATERIAL Seller shall furnish at (d) Rents, if any, for the Property shall be prorated to the closing an affidavit and indemnification agreement in form date of closing; (c) Accrued, but unpaid ;purrs: and other charges to Seller. if satisfactory to Buyer showing that all labor and materials, if any, furnished to the if_ within 120 days prior to the date any, shall be computed to the date of closing and paid by Seller. of closing ave been paid for and agreeing to pndemnif Buyer Interest and other charges prepaid b. Seller shall be credited to g P g indemnify y Scllcr a: closing and paid by Buyer (Other charges may include against all loss from any cause or claim arising therefrom. I1. FUEL: Buyer agrees to purchase from Seller the fuel, if FHA mortgage insurance premiums. private mortgage insurance any situated in a tank on the Property at the prevailing rate, premiums and homeowner's association dues.) with the cost of measurement thereof, if any, being paid by 5. FIRE AND OTHER CASUALTY': The risk of loss or Saha, damage by fire or other casualty prior to closing shall be upon 12. CLOSING EXPENSES: Seller shall pay for the Seller• preparation of a deed and for the excise tax (revenue stamps) 6. CONDITIONS: required by law. Buyer shall pay for recording the deed and for (a) The Property must be in substantially the same condition at preparation and recording of all instruments required to secure closing as on the date of this offer, reasonable wear and tear the balance of the purchase price unpaid at closing. excepted. 13. EVIDENCE OF TITLE: Seller agrees to use his best (b) All deeds of trust. lien. and other charges against the efforts to deliver to Buyer as soon as reasonably possible after Property. not assumed by Buyer. must be paid and cancelled by the acceptance of this offer, copies of all title information in Seller prior to or at closing. possession of or available to Seller, including but not limited (c) Title must be delivered at closing by general warranty deed to: title insurance policies, attorney's opinions on title, and must be lar simple marketable title. free of all encumbrances surveys, covenants, deeds, notes and deeds of trust and - ' except ad valorem taxes for the current year (prorated to the date casements relating to the Property. of closing), utility easements and unviolated restrictive 14. ASSIGNMENTS: This contract may not be assigned covenants that do not materially affect the value of the Proper y without the written agreement of all parties, but if assigned by and such other encumbrances as may be assumed or specifically agreement, then this contract shall be binding on the assignee approved by Buyer. The Property must have legal access to a and his heirs and successors. public right of way. 15. PARTIES: This contract shall be binding upon and shall 7. NEW LOAN: Buyer shall be responsible for all costs inure to the benefit of the parties and their heirs, successors and with respect to any new loan obtained by Buyer. Seller shall assigns. As used herein, words in the singular include the plural have no obligation to pay any discount fee or other charge in and the masculine includes the feminine and neuter genders, as connection therewith unless specifically set forth in this appropriate. contract. 16. SURVIVAL: If any provision herein contained which by 5. INSPECTIONS: Unless otherwise stated herein: (i) the its nature and effect is required to be observed, kept or performed electrical. plumbing, heating and cooling systems and built•in after the closing, it shall survive the closing and remain appliances, if any, shall be in good working order at closing: binding upon and for the benefit of the parties hereto until fully 4110 (ii) the roof. gutters, structural components, foundation. observed,kept or performed. fireplace(s) and chimney(s) shall be performing the function for 17. ENTIRE AGREEMENT: Buyer acknowledges that he has which intended and shall not be in need of immediate repair; inspected the Property. This contract contains the entire (iii) there shall he no unusual drainage conditions or evidence of agreement of the parties and there arc no representations, excessive moisture adversely affecting the structure(s)•. and (iv) inducements or other provisions other than those expressed in the well/water and septic/sewer systems if any, shall be writing. All changes, additions or deletions hereto must be in adequate, not in need of immediate repair and performing the writing and signed by all parties. Nothing contained herein function for which intended. Buyer shall have the option to shall alter art. agreement between a REALTORe' or broker and have the above listed systems. stems and conditions inspected Seller as contained in any listing contract or other agreement 2 :rn'...:..._ CO0tCtC:... :. .rite,... e,.nerl^ Get ern .......