HomeMy WebLinkAboutAgenda - 09-02-2010 - 4jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2010
Action Agenda .
Item No. ~{-~
SUBJECT: Propose to Accept Offers to Purchase County Property
DEPARTMENT: Asset Management &
Purchasing Services (AMPS),
County Attorney
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution for 118 N. Churton Street (with
Historic Preservation Agreement)
Resolution for Highway 49 Old ABC Store
INFORMATION CONTACT:
Pam Jones, AMPS, (919) 245-2652
John Roberts, County Attorney,
(919) 245-2318
David Cannell, AMPS, (919) 245-2651
PURPOSE: To consider:
1) Approving a resolution authorizing the sale of the Graham Building located at 118
North Churton Street in Hillsborough; and
2) Approving a.Resolution Authorizing Upset Bid Process related to an offer to purchase
the County property located on Highway 49 (Old ABC Store), Cedar Grove and
propose to accept the highest offers submitted.
BACKGROUND:
118 N. Churton Street -Graham Building
On June 15, 2010 the Board authorized staff to begin the upset bid procedure on the property
located at 118 North Churton Street otherwise known as the Graham Building. James B.
Johnson III submitted the highest bid in the amount of $171,408. Pursuant to North Carolina
General Statute the upset bid was advertised for 10 days. Robbin Taylor-Hall submitted an
upset bid in the amount of $180,028.40 which met the legal requirements of the Statute. A
second round of upset bids was advertised and no upset bids were received. The bid of
$180,028.40 does not include the Historic Preservation Easement in the amount of $3,000
which will be paid directly to the Historic Preservation Foundation of North Carolina, Inc.,
executed at closing and recorded at the Register of Deeds as part of the Deed (copy attached).
Highway 49 -Old ABC Store
Bids were solicited for sale of this property following the Board of Commissioners action to
declare it surplus on April 7, 2009. No bids were received from that solicitation. Over the
summer, James and Tammy Wilson placed an offer of $3,500. Although the bid does not meet
the $5,000 minimum price established by the Board, staff recommends the Wilsons' offer be
accepted and the upset bid process initiated. Once the upset bid procedure is complete, the
final terms of the sale will be presented to the Board for approval.
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No bids have been received on the remaining three properties currently offered for sale by the
County: 129 East King Street, 1914 New Hope Church Road and 112 N. Churton Street.
FINANCIAL IMPACT: Funds received for the sale of the Graham Building ($180,028.40) will
be distributed based on 60% to the Schools for renovations of older facilities ($108,017.04) and
40% to a reserve fund established for future development of an Orange County Southwest
Branch Library ($72,011.36).
No financial impact will be realized until such time the Old ABC Store is sold and proceeds
received.
RECOMMENDATION(S): The County Manager recommends the Board:
• Graham Building:
o accept the offer submitted by Robbin Taylor-Hall in the amount of $180,028.40;
o approve the attached Resolution and authorize the Chair to sign the resolution as
appropriate; and
o authorize staff to create the appropriate paperwork for completion of the sale and
authorize the Chair to sign.
• Highway 49 -Old ABC Store:
o accept the highest offer submitted ($3,500) as outlined; and
o approve the attached Resolution Authorizing Upset Bid Process and authorize the
Chair to sign the resolution as appropriate.
t~ES - ao~o- oc~~
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Resolution Authorizing Sale of Property
WHEREAS, Orange County owns the following property: Graham Building, 118 North Churton Street,
Hillsborough-PIN # 9874065497 and;
WHEREAS, North Carolina General Statute § 160A-269 permits the County to sell property by upset
bid, after receipt of an offer for the property; and
WHEREAS, the County has received an offer to purchase the referenced properties as described
below:
Group Submitting Highest Amount of
Building Name Bid Highest bid
Graham Building, Hillsborough Robbin Taylor-Hall $180,028.40
WHEREAS, the bidders have paid the required five percent (5%) deposit on their offer;
THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES THAT:
1. The Board of County Commissioners authorizes sale of Graham Building, Hillsborough to Robbin
Taylor-Hall for $180,028.40.
2. The terms of the final sale are that
- the Board of County Commissioners approve the sale of the Graham Building, Hillsborough
to Robbin Taylor-Hall, and
- the buyer must pay with cash at the time of closing.
3. The County reserves the right to withdraw the property from sale at any time before the final high
bid is accepted; and to reject all bids at any time.
Adopted September 2, 2010
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE
HLSTORIC PRESERVATION AGREEMENT
THIS AGREEMENT, made this the day of , 2010, by and between
and , of
County, North Carolina (hereinafter referred to as the "Grantors"), and THE HISTORIC
PRESERVATION FOUNDATION OF NORTH CAROLINA, INC., anon-profit corporation
organized and existing under the laws of the State of North Carolina with its principal office being in
Raleigh, North Cazolina (hereinafter referred to as the "Foundation");
WITNESSETH:
WHEREAS, the Grantors own certain real property (hereinafter referred to as the "Subject Property"), a
description of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Subject Property currently has certain permanent improvements consisting of a one-story,
stone office building hereinafter referred to as the Lt. Gov. Alexander "Sandy" Graham Office; and
WHEREAS, the Lt. Gov. Alexander "Sandy" Graham O11zce, located at 118 North Churton Street,
Hillsborough, Orange County, North Carolina, is a property of recognized historical and architectural
significance; and
WHEREAS, the Foundation and Grantors both desire that the Subject Property shall retain its historically
and azchitecturally significant features, while being sympathetically adapted and altered, where necessary,
to provide for contemporary uses; and
WHEREAS, the Foundation is a charitable organization which accepts preservation easements on
buildings having historical or acchitectural importance, said easement subjecting such buildings to
restrictions that will insure that they are preserved and maintained for the benefit of future generations; and
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WHEREAS, the North Cazolina General Assembly has enacted the Historic Preservation and
Conservation Agreements Act validating restrictions, easements, covenants, conditions, or otherwise,
appropriate to the preservation of a structure or site significant for its architecture, azchaeology or
historical associations.
NOW, THEREFORE, for and in consideration of the Grantors' interest in historic preservation and their
support for the Foundation and its purposes, and for and in consideration of the sum of ONE DOLLAR
($1.00), the Grantors, for themselves, their successors and assigns, hereby covenant and agree to abide by
the following restrictions (hereinafter referred to as "covenants"), said covenants to be restrictions of record
to attach to the land described in Exhibit A:
1. These covenants shall be administered solely by The Historic Preservation Foundation of North
Cazolina, Inc., its successors in interest or assigns; and in all subsequent conveyances of Subject Property,
the Foundation, its successors in interest or assigns shall be the sole party entitled to administer these
covenants. In the event that the Foundation, or its successors in interest by corporate merger cease to exist,
then in such event the Foundation shall assign all of its rights and interests in these easements, covenants,
and conditions subject to such duties and obligations which it assumes hereby to anon-profit corporation of
responsibility which exists for substantially the same reasons as the Foundation itself (as described
hereinabove); if no such corporation be available for such assignment then, under such circumstances such
assignment shall be made to the State of North Carolina which shall be the sole party entitled to administer
those covenants.
Maintenance
2. The Grantors covenant and agree to continuously maintain, repair, and administer the Lt. Gov.
Alexander "Sandy" Graham Office herein described in accordance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1992) so as to preserve the historical integrity of
features, materials, appearances, workmanship and environment of the Subject Property. Maintenance
shall be continuously provided. Said standazds are attached hereto and incorporated in these covenants by
reference.
Prior Approval Required For Modifications
3. Unless prior written approval by the President or Chairman of the Board of Directors of the Foundation
is obtained, no alteration, physical or structural change, or changes in the color, material or surfacing to the
exterior of the Lt. Gov. Alexander "Sandy" Graham Office shall be made.
4. Unless the plans and. exterior designs for such structure or addition have been approved in advance in
writing by the President or Chairman of the Board of Directors of the Foundation, no addition or additional
structure shall be constructed or permitted to be built upon the Subject Property. The Foundation in
reviewing the plans and designs for any addition or additional structure shall consider the following criteria:
exterior building materials; height; fenestration; roof shapes, forms, and materials; surface textures;
expression of architectural detailing; scale; relationship of any additions to the main structure; general form
and proportion of structures; orientation to street; setback; spacing of buildings, defined as the distance
between adjacent buildings; lot coverage; use of local or regional azchitectural traditions; and effect on
archeological resources. Contemporary designs for additions or additional structures shall not be
discouraged when such alterations and additions do not destroy significant historical, architectural, or
cultural material, and such design is compatible with the size, color, material and character of the property
and its environment.
5. The Grantors and the Foundation hereby agree that the interior architectural features listed below are
elements which contribute to the azchitectural significance of the Lt. Gov. Alexander "Sandy" Graham
Office:
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• Any and all original red and green file floors
• Any and all original doors, door surrounds and door hardware
• Any and all original light fixtures including the fixture located under the entrance porch
Unless prior written approval by the President or Chairman of the Board of Directors of the Foundation is
obtained, no removal, relocation, or alteration of the above mentioned azchitectural features shall be made.
6. Neither the Lt. Gov. Alexander "Sandy" Graham Office nor any part thereof may be removed or
demolished without the prior written approval of the President or Chairman of the Boazd of Directors of the
Foundation.
7. Express written approval of the Foundation is required for removal of living trees greater than 12 inches
in diameter at a point 4 feet above the ground from the Subject Property unless immediate removal is
necessary for the protection of any persons coming onto the Subject Property or of the general public; for
the prevention or treatment of disease; or for the protection and safety of the Lt. Gov. Alexander "Sandy"
Graham Office or other permanent improvements on the Subject Property. Any tree of the aforementioned
size which must be removed shall be replaced within a reasonable time by a new tree of a substantially
similaz species. If so requested, the Foundation may approve the use of an alternate species.
Covenant to Obey Public Laws
8. The Grantors shall abide by all federal, state, and local laws and ordinances regulating the
rehabilitation, maintenance and use of the Subject Property.
Right of First Refusal
9. In case of any contemplated sale of the Subject Property or any portion thereof by the Grantors or any
successor in title thereto, first refusal as to any bona fide offer of purchase must be given to the
Foundation, its successors or assigns. If the Foundation so decides to purchase, it shall notify the then
owner of its willingness to buy upon the same terms within thirty (30) days of receipt of written notice of
such bona fide offer. Failure of the Foundation to notify the then owner of its intention to exercise this
right of first refusal within such thirty (30) day period shall free the owner to sell pursuant to the bona fide
offer. The Foundation may, in its discretion, waive its right of first refusal in writing, upon written receipt
of such bona fide offer. Provided, however, that if there are any outstanding deeds of trust or other
encumbrances against the property, any right to repurchase shall be subject to said deeds of trust or
encumbrances, and they shall either be satisfied or assumed as part of the purchase price.
Inspection
10. Representatives of the Foundation shall have the right to enter the Subject Property at reasonable
times, after giving reasonable notice, for the purpose of inspecting the buildings and grounds to determine if
there is compliance by the Grantors with the terms of these covenants.
Public Access
11. Reseazchers, scholazs, and groups especially interested in historic preservation shall have access to
view the interior of the rehabilitated property by special appointment at various times and intervals during
each year. The general public shall have access to the Subject Property to view the exterior and interior
features herein protected at the Grantors' discretion at various times and intervals during each year at times
both desirable to the public and convenient with the Grantors. Nothing shall be erected or allowed to grow
on the Subject Property which would impair the visibility of the property and the buildings from the street
level or other public rights of way.
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Hazardous Materials
12. The properties the Foundation seeks to protect may contain certain hazards as a result of outdated
building practices or use of certain materials that may contain lead paint, asbestos, or some other hazards
that may need to be removed or encapsulated before the buildings aze habitable. Addressing these
problems is one of the challenges of owning and restoring a historic property. The Foundation does not
have the resources to correct these problems and cannot take responsibility for the condition of the
properties being sold. The Foundation is not liable in any way for any hazards, defects, or other problems
with the properties under covenants.
Extinguishment
13. The Grantors and the Foundation recognize that an unexpected change in the conditions surrounding
the Subject property may make impossible or impractical the continued use of the Subject Property for
conservation purposes and necessitate the extinguishment of this Historic Preservation Agreement. Such an
extinguishment must comply with the following requirements:
(a) The extinguishment must be the result of a fmal judicial proceeding.
(b) The Foundation shall be entitled to share in the net proceeds resulting from the extinguishment
in an amount in accordance with the then applicable regulations of the Internal Revenue Service of the U.
S. Department of the Treasury.
(c) The Foundation agrees to apply all of the portion of the net. proceeds it receives to the
preservation and conservation of other property or buildings having historical or architectural significance
to the people of the State of North Carolina.
(d) Net proceeds shall include, without limitation, insurance proceeds, condemnation proceeds or
awazds, proceeds from a sale in lieu of condemnation, and proceeds from the sale or exchange by Grantors
of any portion of the Subject Property after the extinguishment.
Remedies
14. In the event of a violation of covenants contained in Paragraphs 2, 3, 4, 5, and 6 hereof, the
Foundation then shall have an option to purchase the Subject Property, provided that it shall give the
Grantors written notice of the nature of the violation and the Grantors shall not have corrected same within
the ninety (90) days next following the giving of said notice. The purchase of the Subject Property,
pursuant to the exercise of the option retained hereby, shall be at a price equal to the then market value of
the Subject Property, subject to restrictive covenants, as determined by agreement of the then owner and the
Foundation, or, in the absence of such agreement, by a cornmittee of three appraisers, one to be selected by
the Foundation, one to be selected by the then owner, and the other to be designated by the two appraisers
selected by the Foundation and the owner respectively. Provided, however, that if there are outstanding
deeds of trust or other encumbrances against the property, any right to purchase shall be subject to said
deeds of trust or encumbrances, and they shall either be satisfied or assumed as part of the purchase price.
15. In the event of a violation of these covenants and restrictions, all legal and equitable remedies,
including injunctive relief, specific performance, and damages, shall be available to the Foundation. No
failure on the part of the Foundation to enforce any covenant or restriction herein nor the waiver of any
right hereunder by the Foundation shall dischazge or invalidate such covenant or restriction or any other
covenant, condition or restriction hereof, or affect the right of the Foundation to enforce the same in event
of a subsequent breach or default. In any case where a court fmds that a violation has occurred, the court
may require the Grantee to reimburse the Foundation for all expenses incurred in stopping, preventing and
correcting the violation, including but not limited to reasonable attorney's fees.
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Transfer Fee
16. Except as otherwise provided herein, there shall be assessed by the Foundation and collected from the
purchasers of the Subject Property, or any portion thereof subject to these covenants and restrictions, a
transfer fee equal to twenty-five one-hundredths of one percent (0.25%) of the sales price of such property,
or any portion thereof, which transfer fee shall be paid to the Foundation and used by the Foundation for
the purpose of preserving the historical, architectural, azcheological or cultural aspects of real property.
Such fee shall not apply to inter-spousal transfers, transfers by gift, transfers between parents and children,
transfers between grandparents and grandchildren, transfers between siblings, transfers between a
corporation and any shareholders in the same corporation who owns 10 percent (10%) or more of the stock
in such corporation and transfers between a limited liability corporation and any member who owns more
than ten percent (10%) of such limited liability corporation, transfers by Will, bequest, intestate succession
or transfers to the Foundation (each of the foregoing hereinafter referred to as an "Exempt Transfer");
provided, however, that such fee shall not apply to the first non-exempt transfer of the Subject Property,
but shall apply to each non-exempt transfer thereafter. In the event of non-payment of such a transfer fee,
the amount due shall bear interest at the rate of 12% (twelve percent) per annum from the date of such
transfer, shall, together with accrued interest, constitute a lien on the real property, or any portion thereof,
subject to these covenants and restrictions and shall be subject to foreclosure by the Foundation. In the
event that the Foundation is required to foreclose on its lien for the collection of the transfer fee, and/or
interest thereon, provided for herein, the Foundation shall be entitled to recover all litigation costs and
attorney's fees incurred at such foreclosure, which litigation costs and attorney's fees shall be included as
part of the lien and recoverable out of proceeds of the foreclosure sale. The Foundation may require the
purchaser and/or seller to provide reasonable written proof of the applicable sales price, such as executed
closing statements, contracts of sale, copies of deeds, affidavits or such other evidence, and purchaser shall
be obligated to provide such information within forty-eight (48) hours after receipt of written request for
such information from the Foundation.
Insurance
17. Grantors shall insure the Subject Property against damage by fire or other catastrophe. If the original
structure is damaged by fire or other catastrophe to an extent not exceeding fifty percent (50%) of the
insurable value of those portions of the building, then insurance proceeds shall be used to rebuild those
portions of the Subject Property in accordance with the standards in Exhibit B. The Grantors shall keep
the Subject Property insured under a comprehensive general liability policy that names the Foundation as
an additional insured and that protects the Grantors and the Foundation against claims for personal injury,
death and property damage.
Mortgage Subordination
18. All mortgages and rights in the property of all mortgagees aze subject and subordinate at all times to
the rights of the Foundation to enforce the purposes of these covenants and restrictions. Grantors will
provide a copy of these covenants and restrictions to all mortgagees of the Subject Property and has caused
all mortgagees as of the date of this deed to subordinate the priority of their liens to these covenants and
restrictions. The subordination provisions as described above relates only to the purposes of these
covenants and restrictions, namely the preservation of the historic azchitecture and landscape of the Subject
Property.
Applicability
19. This Historic Preservation Agreement and the restrictions herein shall apply to existing buildings and
structures located on the subject property, as of the date of recordation, and any future additions to these
improved structures and or buildings. If any provision or section herein shall conflict with this section this
section shall control.
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Duration of Covenants
20. The Grantors do hereby covenant to carry out the duties specked herein, and these restrictions shall be
covenants and restrictions running with the land, which the Grantors, their heirs, successors, and assigns,
covenant and agree, in the event the Subject Property is sold or otherwise disposed of, will be inserted in
the deed or other instrument conveying or disposing of the Subject Property.
21. Unless otherwise provided, the covenants and restrictions set forth above shall run in perpetuity.
Public Law 109-280 "Special Rules" Compliance
22. Provisions required for compliance with Public Law 109-280 are attached hereto as Exhibit C and
incorporated herein.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, and The Historic
Preservation Foundation of North Cazolina, Inc., has caused this instrument to be signed in its corporate
name by its duly authorized officer and its seal to be hereunto affixed by the authority of its Board of
Directors, the day and year first above written.
NAME
(Seal)
NAME
(Seal)
THE HISTORIC PRESERVATION FOUNDATION
OF NORTH CAROLINA, INC.
BY
Corporate Seal
J. Myrick Howazd, President
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STATE OF NORTH CAROLINA
COUNTY OF
I,
execution of the foregoing instrument.
a Notary Public of the County and State aforesaid, certify that
personally came before me this day and aclmowledged the due
Witness my hand and official stamp or seal, this
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
I,
execution of the foregoing instrument.
Notary Public
a Notary Public of the County and State aforesaid, certify that
personally came before me this day and aclrnowledged the due
Witness my hand and official stamp or seal, this
My Commission Expires:
day of , 20_.
day of , 20_.
Notary Public
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STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public of the County and State aforesaid, certify that J.
Myrick Howard personally came before me this day and acknowledged that he is President of THE
HISTORIC PRESERVATION FOUNDATION OF NORTH CAROLINA, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, sealed with its corporate seal.
Witness my hand and official stamp or seal, this day of , 20_.
My Commission Expires:
Notary Public
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EXHIBIT A
Legal Property Description
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EXHIBIT B
SECRETARY OF THE INTERIOR'S
STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES
(1992)
TREATMENTS
There are Standards for four distinct, but interrelated, approaches to the treatment of historic
properties -- Preservation, Rehabilitation, Restoration, and Reconstruction. Preservation focuses on the
maintenance and repair of existing historic materials and retention of a property's form as it has evolved
over time. (Protection and Stabilization have now been consolidated under this treatment.) Rehabilitation
acknowledges the need to alter or add to a historic property to meet continuing or changing uses while
retaining the property's historic character. Restoration is undertaken to depict a property at a particulaz
period of time in its history, while removing evidence of other periods. Reconstruction re-creates vanished
or non-surviving portions of a property for interpretive purposes.
In summary, the simplification and sharpened focus of these revised sets of treatment standards is
intended to assist users in making sound historic preservation decisions. Choosing appropriate treatment
for a historic property, -whether preservation, rehabilitation, restoration, or reconstruction, is critical. This
choice always depends on a variety of factors, including the property's historical significance, physical
condition, proposed use, and intended interpretation.
PRESERVATION is defined as the act or process of applying measures necessary to sustain the existing
form, integrity, and materials of a historic property. Work, including preliminary measures to protect and
stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and
features rather than extensive replacement and new construction. New exterior additions aze not within the
scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and
plumbing systems and other code-required work to make properties functional is appropriate within a
preservation project.
STANDARDS FOR PRESERVATION
1. A property shall be used as it was historically, or be given a new use that maximizes the retention of
distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been
identified, a property shall be protected and, if necessary, stabilized until additional work may be
undertaken.
2. The historic chazacter of the property shall be retained and preserved. The replacement of intact or
repairable historical materials or alteration of features, spaces, and spatial relationships that chazacterize a
property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Work needed to
stabilize, consolidate, and conserve existing historic materials and features shall be physically and visually
compatible, identifiable upon close inspection, and properly documented for future research.
4. Changes to a property that have acquired historic significance in their own right shall be retained and
preserved.
5. Distinctive materials, features, fmishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
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6. The existing condition of historic features shall be evaluated to determine the appropriate level of
intervention needed. Where the severity of deterioration requires repair or limited replacement of a
distinctive feature, the new material shall match the old in composition, design, color, and texture.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
8. Archeological resources shall be protected and preserved in place. If such resources must be disturbed,
mitigation measures shall be undertaken.
PRESERVATION AS A TREATMENT
When the property's distinctive materials, features, and spaces are essentially intact and thus
convey the historic significance without extensive repair or replacement; when depiction at a particular
period of time is not appropriate; and when a continuing or new use does not require additions or extensive
alterations, Preservation may be considered as a treatment. Prior to undertaking work, a documentation
plan should be developed
REHABILITATION is defined as the act or process of making possible a compatible use for a property
through repair, alterations, and additions while preserving those portions or features which convey its
historical, cultural, or architectural values.
STANDARDS FOR REHABILITATION
1. A property shall be used as it was historically or be given a new use that requires minimal change to its
distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property shall be retained and preserved The removal of distinctive
materials or alteration of features, spaces, and spatial relationships that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a
false sense of historical development, such as adding conjectural features or elements from other historic
properties, shall not be undertaken.
4. Changes to a property that have acquired historic significance in their own right shall be retained and
preserved
5. Distinctive materials, features, fmishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture,
and, where possible, materials. Replacement of missing features shall be substantiated by documentary
and physical evidence.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
8. Archeological resources shall be protected and preserved in place. If such resources must be disturbed,
mitigation measures shall be undertaken.
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9. New additions, exterior alterations, or related new construction shall not destroy historic materials,
features, and spatial relationships that chazacterize the property. The new work shall be differentiated from
the old and shall be compatible with the historical materials, features, size, scale, and proportion, and
massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that, if
removed in the future, the essential form and integrity of the historic property and its environment would be
unimpaired
REHABILITATION AS A TREATMENT
When repair and replacement of deteriorated features are necessary; when alterations or additions
to the property aze planned for a new or continued use; and when its depiction at a particular period of time
is not appropriate, Rehabilitation may be considered as a treatment. Prior to undertaking work, a
documentation plan for Rehabilitation should be developed.
RESTORATION is defined as the act or process of accurately depicting the form, features, and character
of a property as it appeazed at a particulaz period of time by means of the removal of features from other
periods in its history and reconstruction of missing features from the restoration period. The limited and
sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make
properties functional is appropriate within a restoration project.
STANDARDS FOR RESTORATION
L A property shall be used as it was historically or be given a new use which reflects the property's
restoration period.
2. Materials and features from the restoration period shall be retained and preserved. The removal of
materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be
undertaken.
3. Each property shall be recognized as a physical record of its time, place, and use. Work needed to
stabilize, consolidate, and conserve materials and features from the restoration period shall be physically
and visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Materials, features, spaces, and fmishes that characterize other historical periods shall be documented
prior to their alteration or removal.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that
characterize the restoration period shall be preserved. .
6. Deteriorated features from the restoration period shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in
design, color, texture, and where possible, materials.
7. Replacement of missing features from the restoration period shall be substantiated by documentary and
physical evidence. A false sense of history shall not be created by adding conjectural features, features
from other properties, or by combining features that never existed together historically.
8. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
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9. Archeological resources affected by a project shall be protected and preserved in place. If such
resources must be disturbed, mitigation measures shall be undertaken.
10. Designs that were never executed historically shall not be constructed.
RESTORATION AS A TREATMENT
When the property's design, azchitectural, or historical significance during a particulaz period of
time outweighs the potential loss of extant materials, features, spaces, and finishes that chazacterize other
historical periods; when there is substantial physical and documentary evidence for the work; .and when
contemporary alterations and additions aze not planned, Restoration may be considered as a treatment.
Prior to undertaking work, a particulaz period of time, i.e., the restoration period, should be selected and
justified, and a documentation plan for Restoration developed.
RECONSTRUCTION is defined as the act or process of depicting, by means of new construction, the
form, features, and detailing of anon-surviving site, landscape, building, structure, or object for the
purpose of replicating its appearance at a specific period of time and in its historic location.
STANDARDS FOR RECONSTRUCTION
1. Reconstruction shall be used to depict vanished or non-surviving portions of a property when
documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture,
and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by
a thorough azcheological investigation to identify and evaluate those features and artifacts which are
essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be
undertaken.
3. Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial
relationships.
4. Reconstruction shall be based on the accurate duplication of historic features and elements substantiated
by documentary or physical evidence rather than on conjectural designs or the availability of different
features from other historic properties. A reconstructed property shall re-create the appeazance of a non-
surviving historic property in materials, design, color, and texture.
5. A reconstruction shall be clearly identified as a contemporary re-creation.
6. Designs that were never executed historically shall not be constructed.
RECONSTRUCTION AS A TREATMENT
When a contemporary depiction is required to understand and interpret a property's historic value
(including the re-creation of missing components in a historic district or site); when no other property with
the same associative value has survived; and when sufficient historical documentation exists to ensure an
accurate reproduction, Reconstruction may be considered as a treatment. Prior to undertaking work, a
documentation plan for Reconstruction should be developed.
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17
EXHIBIT C
PUBLIC LAW 109-280 "SPECIAL RULES" COMPLIANCE
1. Protection of Entire Building. Grantor and Grantee agree that that the restrictions of this
Easement shall apply to the entire exterior of the Buildings (including the front, sides, rear, and height of
the Buildings) [and interior architectural features, as applicable], and that no change to the exterior of the
Buildings may be made by Grantor except as provided herein.
2. Inconsistent Changes Prohibited. Grantor and Grantee agree that Grantor shall not undertake,
and Grantee shall not permit, any change to the exterior of the Buildings [and interior architectural
features, as applicable,] which would be inconsistent with the historical character of such exterior.
3. Certification of Qualification of Grantee Under Penalty of Perjury. By execution of this
Easement, Grantor and Grantee agree, and hereby certify under penalty of perjury, that Grantee is a
qualified easement-holding organization (as defined in Section 170(h)(3) of the Internal Revenue Code)
with a purpose of environmental protection, open space preservation, or historic preservation, and that the
Grantee has both the resources to manage and enforce the restrictions of this Easement and a commitment
to do so. '
4. Gift Acl~-owledgment. Grantor hereby acknowledges the gift of the real property interest
described in this Easement, and further acknowledges that no goods or services were provided to Grantor in
exchange for the donation of the Easement or any accompanying cash contribution by Grantee.
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~~.S- ao ~o- oc~ ~ ig
Resolution Authorizing Upset Bid Process
WHEREAS, the Orange County owns the following property located at the following location:
• Old ABC Store, Highway 49 North, Cedar Grove-PIN # 9829408061. and;
WHEREAS, North Carolina General Statute § 160A-269 permits the County to sell property by upset bid, after
receipt of an offer for the property; and
WHEREAS, the County has received an offer to purchase the property described above, from the group listed
below in the amount listed below
Amount of Highest
Building Name Group Submitting Highest Bid bid
Old ABC Store, Highway 49 North, Cedar
Grove James T and Tammy C Wilson $3,500.00
WHEREAS, the bidders have paid the required five percent (5%) deposit on their offers;
THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY RESOLVES THAT:
1. The Board of County Commissioners authorizes sale of the properties described above through the upset
bid procedure of North Carolina General Statute § 160A-269.
2. The Director of Asset Management and Purchasing Services shall cause a notice of the proposed sales to
be published. The notice shall describe the properties and the amount of the offers, and shall state the terms
under which the offer may be upset.
3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the
office of Asset Management and Purchasing Services within 10 days after the notice of sale is published. At
the conclusion of the 10-day period, the Director shall open the bids, if any, and the highest such bids will
become the new offer. If there is more than one bid in the highest amount, the first such bid received will
become the new offer.
4. If a qualifying higher bid is received, the Director of Asset Management and Purchasing Services shall
cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed
without any qualifying upset bid having been received. At that time, the amount of the final high bid shall be
reported to the Board of County Commissioners.
5. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first
$1,000.00 of that offer and five percent (5%) of the remainder of that offer.
6. A qualifying higher bid must also be accompanied by a deposit in the amount of five percent (5%) of the bid;
the deposit may be made in cash, cashier's check, or certified check. The County will return the deposit on any
bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received.
The County will return the deposit of the final high bidder at closing.
7. The terms of the final sale are that
- the Board of County Commissioners must approve the final high offer before each sale is closed,
which it will do within 30 days after the final upset bid period has passed, and
-the buyer must pay with cash at the time of closing.
8. The County reserves the right to withdraw the property from sale at any time before the final high bid is
accepted and the rigFit to reject at any time all bids.
9. If no qualifying upset bid is received after the initial public notice, the offer set forth above is hereby
accepted. The appropriate county officials are authorized to execute the instruments necessary to convey the
property to the groups listed above
Adopted September 2, 2010