Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 06-21-2011 - 8e
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. 8 - e SUBJECT: Purchase & Sale Agreement -Southwest Library Site, 210 Hillsborough Road DEPARTMENT: Asset Management Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Attachment A -Purchase & Sale Agreement Attachment B -Survey INFORMATION CONTACT: Attachment C -Assessment Executive Pam Jones; (919) 245-2652 Summaries (full reports Clarence Grier, (919)-245-2453 are available at JJeff Thompson, (919) 245-2658 www.co.orange. nc. us/co nstruction/SouthwestBra nchLibraryDueDiligence. asp PURPOSE: To consider purchasing the parcel located at 210 Hillsborough Road, Carrboro, and authorize the Manager to execute all necessary documents to close the purchase, contingent upon final review and acceptance of the Title Opinion by the County Attorney. BACKGROUND: Orange County entered into a Purchase & Sale Agreement on October 22, 2010 to purchase approximately 2.691 acres of property located in Carrboro for the purpose of developing and constructing a branch public library facility. This Agreement allows an examination period of the property that will expire on August 31, 2011. Should the County decide to terminate this Purchase & Sale Agreement after August 31, 2011, the $35,000 earnest money deposit currently in escrow will become nonrefundable and forwarded to the Seller. The Agreement contemplates closing the purchase transaction no later September 30 2011, where the earnest money deposit will apply to the purchase price. On April 12, 2011, the Carrboro Board of Aldermen approved the County's petition to conditionally rezone the property in order to accommodate a public library facility not to exceed 20,000 square feet, subject to the required conditional use permitting process as governed by Carrboro's land use ordinance. Since the conditional re-zoning approval, Orange County staff has conducted significant due diligence on the property to properly inform a purchase recommendation to the Board of County Commissioners. This attached research, performed by engineering consultants selected through an request for proposals (RFP) process, was conducted in the following areas: • Survey; • Geotechnical and soils study identifying needed load bearing capacity and unsuitable soil probabilities; • Utility availability assessment; • Environmental assessment identifying any existing conditions that may hinder the development of the property; • Cultural & archaeological assessment identifying any historical, cultural or archaeological impacts that may hinder the development of the property; • Off-site traffic engineering analysis • Title research The results of the physical due diligence items (survey, geotech, utility availability, environmental assessment, cultural, archaeological, and off-site traffic engineering analysis) are favorable and support the purchase of the property. The title work is still outstanding and will be reviewed by staff upon completion prior to the end of the examination period. FINANCIAL IMPACT: The Contract purchase price for the property is $610,000. Estimated closing costs, title insurance, and property taxes are estimated at $10,036. There are adequate funds included within the FY2011-16 Manager's Recommended Capital Investment Plan to complete this transaction. At this point, funds for the construction of the Southwest Library have not been allocated to the Capital Project and are being presented to the BOCC as a future Capital Investment Plan item. After the allocation of reserves, the balance for the site for the Southwest Library will be financed and purchased with installment debt that will be issued during the first quarter of the FY2011-12 fiscal year. RECOMMENDATION(S): The Manager recommends that the Board approve the purchase of the parcel located at 210 Hillsborough Road, Carrboro, and authorize the Manager to execute all necessary documents to close the purchase, contingent upon final review ands acceptance of the Title Opinion by the County Attorney. ,q-~,.,~.~ a KW Commercial-Chapel Hill 1616 East Franklin Street Chapel HIII, NC 27514 Phoney 819.961-1961 dmorgan@kwcommercial.com 4eiitroa:• Co,a~nsrefatAUtsnca au®• North CaroJtne Asson(etion otREALTQRSt AGREEMENT FOR PURCHASE AND SALE OP REAL PROPERTY THIS AGREEMENT, including any and all addenda attached hereto {nAgeement'~, is by and-between Orange County, NC a(n) County of NC ("Buyer', and (individual or State of formation and type of entity) NCLA Properties, LLC a(n) NC Limited Liability Comnan~± ("Seliei")r (individua! or State of formation and type of entity) FOR AND IN CONSIDERATION OF THE MIFfUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1, Terms cad Definitieas: The terms listed below shall have thescspeettve meaning given them asset forth adjacent to each term. , (a) "Proaerty": (Address) 210 HiRsboroutth Rd.. Garrboro. I+1C 27610 (~ All r A portion of the property in Deed Reference: Book 4261 Page No. 177 Orange Count;; consisting ofapproximately 2.691 Beres. ' Plat Reference: Lots) 3 ,Block or Secton as shown on Plat Book or SIide 402 at Page(s)$7 ,Orange County, consisting of acres. ' (~ Tf this box is checked, "Property" shall mean that property descrilaed on Eshihit A attached hereto and incorporated herewith by reference, (For information purposes, the tax parceFnumber of thcProperty is: ) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and ail personal property, if any, itemized nn Exhibit A. S 610,000.00 (b) "Purchase Price" shall ~esn the sum of Six Hundred Ten Thousand point Zero Zero Dollars, payable on die joHowing terms: $ 25,000.00 (i) "Earnest Money" shall mesa Twenty Five 73tousand point Zero Zew Dollars or terms as follows: Prior to the: expiration of Ehe Examinat7on Period, Buyer shall have the right to extend the Examination Period for an additional- 120 days by paying $10,000.00, anon-refundable "Examination Extension Fee", payable directly to the Seller instead of the Escrow Agsnt. The Examination Extension Fee will be applied against the Purchase Price at Closing along with any Earnest Money Deposits. Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shad be promptly deposited in escrow with i=onyille Morisey Realty (name of person/entity with whom deposited), to be applied as part payment of the Purchast price of the Property at Closing, or disbursed as agreed upon under the provisions of Section I O herein. ® This form jointly approved by: page 1 of 7 ttt~ STAA'DARD FORRi 560-T North Carolina Bar Association ~ Revised 72008 North a Association of REAL Inc. .,,,.,~,,.,, ®72009 REALIOA6 ~ areaea>tn. PAEPAREDBY W.Dnid Morgan, 101I01S61010:N:50 A.M Rnv'r inifi 1. ./ Setiet initialx ~ n.,tt,a t.M. mein Rrelfs.2(L,. SellxuReai~,s• Olrire Mvurzet. KN+Cemnlstifl•mutel Nid r ANY EARNEST MONEY DEPOSTTED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check wrly DNS box) J-" ANY INTEREST •EARR'ED THEREON SHALL BE APPLIED AS PART PAYMENT OR THE PURCHASE PRICE OR TEE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION IO i~REIN. (Buyers Taxpayer Identification Number is; ) r ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OP' THE EXPENSES INCURRED BY MAINTAII~'ING SUCH AGCOUNT AND RECORDS ASSOCIATED THERER'ITH. $ Na (ii) Proceeds of a new ioan in the amount of Na Dollars for a term of Na years, withan amortization period not to exceed Na years, at an interest rate not fo exceed n/a % per annum with mortgage loan discount points not to exceed Na % of the ioan amount, or such other teens as may be set forth on Exhibit B. Buyer stall pay ail costs associated with any such. ioan. . $ Na (iii) Delivery Hof a nromissarv note secured by a-deed of trust, said promissory note in the amount of Na • Dollars being payable over a term of n!a years, with an amortization period of n/a years, payable in monthly installments of principal, together with accrued interest on the-outstanding principal balance at the rate of_p!a percent { n/a %} par annum irr the amount of $ n/a ,with the first principal payment beginning on the first day of the month next sucgeeding the date of Closing, or such older terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from-the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may-be limited to foreelosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequentlyJ'oreclosed, the Seller mays have no remedy taxecover nnderthe notes) $ Na (iv) Assumption of that unpaid obligation of Seiler secured by a deed of trust on the Property, such • obligation having an outstanding principal balance of $ t1la and evidenced by a note bearing iuterest-at-the rate of n!a percent ( Na °/.) per annum, and a current payment amount of $ Ne .The obligations.of Buyer under this Agreement aro conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to seatre such approval and to advise Seller immediately upon receipt of the leride~s decision. Approval must be gnuitcd on err before Na . On or before this date, Suyer has the right to terminate Phis Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of terminafion by We above date, lime bring ojthe essence. )f Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such no6cc, then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall ply al! fees and costs associated vrith any such assumption, including any assumption fee charged by the lender. At Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or escroty§ held 63' the lender, any property management company and/or Seiler, including but not Limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seiler shelf be credited said amounk at Closing •..` S 585,000.00 (v) Cash. balance of Purchase Price, at Closing in the amount of Five Hundred Eightyf)ve Thousand point Zero Zero (e) "Closter'! shall mean the dale sari time of recording of the deed. Closing shall occur on or before nla or Page 2 of 7 Buyer init e~~~~~~ Sella initials ~ STANDARD FORM 58D-T asPArICD W.D~W/MoR rmurtoro~ast~soA.ns. Revised 7/2008 (wsant~.oiao,awu~xre.~,ureaa:ouo,ai a.xwco~rar-~.Parus ®7/2009 5 forty-five (45)days after th8 end of the bxaminatian.Period or any extensions of the Examination Reriod. (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examination Period" shall mean the period Beginning on the Contract Date and extending through 180 days after Contract Date TIME IS OF TILE ESSENCE AS TO THE EXAMIN.d TION PERIOD. (f) "Broksr(s}" shall mean: FonyilFe Morisey Realty ("Listing Agency"), Logan Carter ("Listing Agent" -License # 184443 ) Acting as: r Seiiec s Agem; r Dual Agent and KIA1 Commercial-Chapel HiN ("Selling Agency"), UV. David Mor9att ("Selling Agerit"' -License #43891 ) Acting as: r' Buyer's Agent; (~ Seller's (Su1)Agent; r Dual Agent (g) "Seller's Notice Address" shall be as follows: 1308 Smith Level Rd., Chapel Hill, NG27516 w! copyto fisting agent except as same may be changed pursuant to Section 12. (h) "Saver's Notice Addr-ess" shall-be as follows: Attn: FrankW. Clifton„ Jr., ?00 Soutb Gameron St., Hillsborough, NC 27278 except as same-may be changed pursuant to Section 12. ~ (i) If this .block-is marked, additional terms of this Agreement are set forth on Exhibit B attached,-hereto and incorporated herein by reference. (NOtee Under North Carolina Laav, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) (- (j) Ii'ths block is marked, additional-terms of this_Agreement are. set forth en the Additional Provisions Addendum (Foan 581- T) attached hereto- and incorporated-herein by reference. Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Sec6osr 3. Proration of Expenses and Payment of Costa: Seller and- Buyer agree that all property taxes (on a calendar yEar basis), leases, rents, mortgage payments and utilities or any-other assumed liabilities as detailed on attached )exhibit B,, if any, shall be prorated as of the date of Closing. Seiler shall pay for-preparation of a deed and all other documents necessary to perform Sellers obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, arid= other conveyance fees or razes requited by law, and-the following: lien waiver. Buyer shall pay recording costs, costs of any title search, title insurance; survey, the ¢ost of any inspections or investigations undertaken by Buyer under this Agreement and the fallowing: none. Each patty shall-pay ire awn attorney's fees, Section d. Deliveries: Seller agrees to use best efforts to deliver to Buyer as sooi-_as reasonably possible after the Contract Data copies of all information. relating to the Property in possession of or available to Selle ,including but not limited to: title insurance policies,. surveys. and copies of all-presently effective warranties or service. conCracts related to the Property. Se.ller-autirorize~ (1) any.attort-ey" presently or previously representing Seller. to release and disclose any title insurattc,t• policy in such attorney's file to Buyer and both Buyer's and Seller's agents aril attorneys; and (2} the Property's title insurer or its agent to release and disclose all materials in the Property's. title insurer's (or title insurer's agent's) file to-Buyer and both Buyer's and Seller`s agents and attorneys. If Buyer does not consummate the Closing for any reason other than Sc1ler.defauI.t, then Buyer shall return to Seller a117naterials delivered by Seller to Buyerpursuant to this Section 4 (ar Section 7, if appGt:able}, if any, grid shall, upon Seller's request, provide to. Seller copies of (subject to the awnetship and copyright interests of the .preparer thereof) any anal all studies, reports, .S.urveys and Other nrfotmatlOII Telahng directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upgin the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. SECtIOn 5. Evidence of Title:' Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than:- (a) zoning ordinances affecting tht Property,. (.b) Leases Page 3 of 7 Bu ria _ , eller initials.\~?J J STANDAEtD FOttM 580-T erc>:rweeo av: w, m~a m.~.q ~ionst t nm:~s e.M. ~- Revised 7/20Q8 Realtau, tom. czor t, Rnlfast2Go. So}hwc Registered (o: Otfitt Manager. KW Lanme~cial-Ghnpe! $ill ~ ~ IRtM9 6 (if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted Exceptions"); provided that Seller shalt be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, suck as deeds of trust, mortgages or statutory liens. Setter shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent sha[I not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly oenditiened upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) New Loaa: T'he Buyer must be able to obtain the lean, if any, referenced in Section 1{bxii). Buyer must be able to obtain a firm commitment for this loan on or before Na ,effective through the date of Closing. Buyer agrces to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision. On orbeWre the above date, Buyer has the right to terminate this Agreement for failure to obtaiathe loan referenced in Sectlen 1(bxii) by delivering to Seller written notice of termination by the above date, tune being ojt/re essence. If Buyer delivers such notice,-this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer tivUt be deemed to have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails to provide Seiler a copy of the commitment letter within five (5) days of receipt of Sellers request, then Seller -may terminate this Agrcemcnt by written rwtice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment Inter, and Buyer shall receive a return of Earnest Monty. (b) Oualitieation for Finanein¢: If Buyer is to: assume any Indebtedness in connection with payment of the Purchase Price, Buyer agrees to use ifs best efforts to qualify for the assumption. Should Buyer fai4 to' qualify, Buyer shall notify Seiler in writing immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money. (c) Title-Examination: After the Contrail Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Sepers title is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptlyrwtify $eater in wrldng ofall such title defects and exceptions, in n4 case later than the end of the Examination,Period, and Seller shall have thirty (30) days m cure said noticed defects. If Seller does not taro the defects or objections within thirty (30) days of notice thereof then Buyer may terminate this Agreemern and receive a return of"Earnest Money (notwidatanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and PermiEted Exceptions. (d) Same Condition: If the Properly is not in substantially the same condition aE Closing as of the data of the offer, reasonable wear and tear excepted, then the Buyer may (:~ tenniirate this Agreement and receive-a return of the Earnest Monty or (ii} proceed to Closing whereupon Buyer shall be entitled to receive, in addition to lire Property, aQy of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property. ' (e) Inspections: Buyer, its agents ar representatives, at Buyers expense and at reasonable times during normal business hours, shall have the-right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on--site Inspections, examinations, soil boring and other testing; limber cruises and surveying of the Properly in a good and war~nanlike mature ,shalt repair any-damage bo the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Sellers or any LenanPs use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspeilions outside of the hours any tenant's business is open to the public and shall give prior notirx to any tenants of any entry onto any taranE's portion of the Property for the purpose of conducting inspections. Upon Sellers request, Buyer shell provide to Seller evidence of general liability insurance. Buyer shall also have a right to:review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled fo revi~}v' such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Biryer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to eery person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confrdentiality. Buyer assumes all responsibility for the sots of itself, its agents or representatives in exercising its rights under this Section b(e) and agrees to ix>derrtrrify -nerd-hold Seller harmless from any damages resulting therefrom. Buyer shall, at Buyers expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES -NOT TO PURCHASE THE PROPERTY, FOR ANYI2EASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS- AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY, Page d of'7 BrEyerin€t€a~p~~~~/ SeIia iukiats STANDARD FORM 580-T PREPARED :wn..ia~~enuk ~ane~tparasa:soAat. Revised 7/1008 Rmfalr"c. 02014 Re+tfutX7asatMVeRegu4red w. ofiaMn,y Cm~mnd~aprl7Rp - ®7/2009 Section 7. Leases (Check one of the following, as applicable)t (~ If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. . J'" If this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not "Leases") and the following provisions art: hereby made a part of this Agreement. (a) All Leases shall be itemized on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c} Seller represents and warrants that as of the Gontract Dato there are no current defaults (or any cacisting situation which, with the passage of time, or the giving of notice, or both, or ai the election of either landlord-or tenant scald constitute a default) either by Seiler, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Defauh as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a lease Default arises or is claimed, asserted or threatcmd to be asserted by either Seller or a tetnttt under the Lease. (d) In addition to the conditions provided in Section 6 of ffiia Agreement, this Agreement and the rights and obligations of the parties under-this A~eement are hereby made expressly conditioned upon the assignment of Seller's Interest in any•Lease to Buyer in form and content acceptable to Buyer (with tcnanPs written consent- and acknowledgement, if required under the Lease), and Setter agrees to use its best efforts to effect such assignmenk Any assignment required under this Section 7 shall be required to be delivered at Closing by Seller in addition to those dellverics required under Section 1 I of this Agreement. (e) Seller agrees to deliver an assignment of any Lease at Glosing, with any sxurity deposits held by Seller under a~ Leases to be transferred or credited to Buyer at Cbsing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessaryfor same) any estoppel Certificates and subordination, nondisturbance and attomment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and wanents that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buiidin~s of on the Property of Hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but ;not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Tablt (49 CFR Part !72.101) or by the Environmental Protetxfon Agency as hazardous substances (40 CFR Part 302.4) and amendtrtents thereto, or such- substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which Is (I) petroleum, (li) asbestos, (h'i) polychlorinated biphenyls, (iv) designated as a Hazardous Salistance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307of the Clean :Pater Ad of 1977 (33 U.S.C. § 1317), (v), defined as a hazardoas'waste pursuant to Section 1004 of the Resource •Conscrvation and Recovsry Act of 197b (42 US.C. §6903) or {vi) defined-as a hazardous substance pursuant to Section t 01, of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (~12 U.S.C. §9b01). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shalt be borne by Seiler. Except as to maintaining the Property in its same condition, Seger shall have no responsibility for tlu repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money 1)isbarsement: In the event that any bf the conditions hereto are not satisfied, or in the event of a breach of this Agreement by Seller, then the Eafnest Money shall be returned to Boyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the-parties consenting to its disposition or unfit disbursement is ordered by a court of competent jurisdiction, or ahematively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N,C,G.S. §93A-12. Section il. Closing: At Closing, Seller shall deliver to;Buyer a general warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner's affidavit; ;1'icai waiver forms and anon-foreign status. afFidavit (pursuant to the Foreign Investment in Real Property Tax Act}, and Buyer shall ~y to Seller the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price. The Closing shall be held at the offce of Buye>'s attorney or such other place as the parties hereto may mutually agree. Possession shall be delivers! at Closing, unless otherwise agreed herein. Page 5 of 7 Buyer iniGat$~~~ Setter ioitiats STAIVT?ARD FORM 580-T rRep,tReu eS, n,.t}e rao.s+ro»xnaro ~:sonar. Revised 7!2008 RnlrutLu. p2are, R'at a120o. ,h RepitletW m: OrrmM a c«~~ar-ee.Pa NU +D 7/20tt9 Secfion 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to fire other in cennection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered~in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 2(g) as to Seller and in Section 1(h) as to Buyer, or ai such other addresses as specified by written notice delivered in accordance herewith. Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agrcemettt shall be binding unless in writing and signed by all parties hereto. Secfion 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Setter and such signing. is communicated to both parties; it being expressly agreed that the notice described in Section i2 is not required for effective communication for the purposes of this Section 14. This Agreement shall be binding upon and inure to the benefit of theparties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Tnformation and Compliance with haws: ' (a) Seller~I nowledee: Seller has no actua! knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable Ia1vs, ordinances or restrictions affecting the Property; or (iv) goverrtmentat special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Properly, and no pending or confimted owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to (i) through {iv) above,$f any): None. Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment drat has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is de6rted as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and aD governmental assessments confirmed as of the time of Closing, ifany, and Buyer shall-take title subject to eN pending assessments disclosed by Seller herein, ifany. Seller represents that the regular owners' association dues, ifany, are S Na per Ne (b) Comoliance: Ta Seller's actual knowledge, (i)'Sellerhas complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or afl`ecting the Property; (ii) performance of the Agreement wilt not result in the breach of. constitute any default under or result in the imposition of any Lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are rro legal actions, subs orntha legal or administrative proccedings pending or dtreatened against the Property, and Seller is trot aware of any facts which might result in any such action,.suit or other proceeding. ;;action 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shad survive the Closing and delivery of the deed. Seller shalt, at or within six (6) months after the Closing, and without furher consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to.•more effectively transfer to Buyer the Property described- herein in accordance with this Agreement. Section i7. Applicable Law: This Agreement shall be'construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. • ' Secfion 18. Assigamenf: This Agreement 3s freely assignable unless othcnvise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: Ip the event Buyer or Seller desires to effect. atax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effcctiag such exchange; provided, howevcf, that the exchanging party shall be responsible for all additional costs associated with snch exchange, and provided further, that anon-exchanging party shall not assume any additional 13abiIity with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shat! ba required to give effect to tl»s provision. Section 20. Memorandum of Contract: Upon request by either party, the parries hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof {other than rite Purchase Price and other sums due) as either party may wish to Incorporate. Such memorandum of contract shall contain a statematt drat it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which speciftc date shall be no later than the date of Cbsirtg). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has fait authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Page 6 of 7 er lnid Seller initials STATr*DARD FOR-f S80-T >~' Revised 7!2008 easr~ncn vswa.~iaM rontaotota:sa:soe~a. ~ ®7/2009 RWfasClne.8za10. R.a1ra12Cio. SO1M'aro RtyisWed tu:Olfici T.ln Cmnmereisl-Cbspd ill Section 22. Brokers: Except as expressly provided herein, Buyer and Se}Ier agree to imkmnifjrand-hold each other harmless from any and all claims of brokers, consultants or real estate agents by, thmugh or undo the u:dcnmifrirrg party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Sellet represent and warrant to each other that: (i) except as to the Brokers designated undo Section I(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii} that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. ]- EIFSlSYNTHETiC STUCCO: If iha adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to wnditions related to or occasioned by the existence of such materials atxlu Property. Tl~ NORTH CAROLINA ASSOCIATION OF REAti'i'ORS®, INC. AND THE NORTH.CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY ORADEQUACY OF ANY PROVISION OF THIS FORM iN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGALNEEDS, YOU SHOULD CONSULT~yNQRTH CAROLINAREALESTATE ATTORNEY•BEFORE YOU SIGNI2: Orange Co C ' • _ Date: d ~ l ~ By: Frank W. Cli n, dr. NCLA Properties, !. C . ,1 , /, . • By: L ~ 1 ~--~' ~ The undersigned hereby acknowledges receipt of tho Earnest Money set forth heroin and agrees to hold said Lamest Money in accordance with#he terms hereof. • Fonvllle Mortsev Really (Name of Firm Dato• _ f~~Z Z~2C~/tj By: • ~.~ . .' ~:;:. This instrument has been pre-audited in the manner required by the Local Government budget and Fisca! Control Act: ~a~..u. ~~•- Clarence Grier, Finance Director Page 7 of 7 . ; - .. l~nr tN~c Om]PRe:Ifaw2MOa So~tiwm Bepstuid o~xt~xMwi~+.KWCOeiwlyd+l~De1N~ STATIDARD FORM-580-T Revised 711008 A 7/2009 ~X t~T~3i 1 ~ R:EItLYORS` Co7inmercil~lattiance nEAtror:• N©rtii Carolina Assocfatlon of REALT4RSo AGREEMENT TO AMEND CONTRACT yrancre bounty Nt ('.Buyer„) aad __ t+7.C..L.A. Properties LLC, ("Seller"} have entered into an Agreement for Purchase and Sale oflteal Property (Form 580-T) ("Agreement's with respect to the purchase-and sale of the folio~ving property: 210 Sillsborough Roarl, Garrboro, NC 27510 ("Property"), Buyer and Seller hereby agree that the Agreement is modified as folio-vs (7f the box is checked, the provision applies): Upon written notice 3o Seiler and the payment of S 10F OO~t). g0 in each instance prior to the then expiration ofthe Exarninat7on Period, Buyer -shall have the right to extend the Examination Period Q~s time(s) for a per[od of 1 ~ 0 -days in each instance. (cheek gnly one of the betorv nvo box~s)- Amounts paid pursuant to ihls provision shall be applicable to the- Purchase Price, shalt be-treated as Earnest Money under the terms of tht Agreement and shall be refundable to Buyer 1n the event of a rerminatlon of the Agreement pursuant to Section 6(e) of the Agreement; Q Amounts paid pursuant to this provistomshall ~ be applicable to the Purchase Price, shall be non-refundable and shall be paid directly to the Seller and become the property of Seller upon payment 6yBuyer. Upon written notice to Seiler and the payment of S in each instance not later than ten (i t)) days prior to the then scheduled Closing, l3uycr shall have the right to extend the date of Closing time(s) for a period not. to exceed days in each. instance. (check only ane ofthe below hvo boxes) ^ Amounts paid pursuant to this provision shalt be applicable to the Purchase Price, shall be treated as Earnest ivtoney under fife terms of the Agreement and shaii be refundable !a Bayer in lice event of a termination of the Agreement pursuant ta. Se~ion bje) of the Agreement; ~ Amounts paid pursuant to this provision shall not be applicable to the Purchase I?rlee shall be clan-refundable and shall be paid directly to the Soller,and become the-property of Seller upon payment by Buyer. Except as modified herein, the }~greetnent reanains enforceable in accordance aviti3 its tenor as originally set forth. BUYER: Iudividual Orange Coun£y NC Date: Date: SELLER: Individual N.C.L.A. Properties LLC Date: Data: Page I of 2 .North Carolina Assoctatton of REALTORS®, Lnc, rte rotz• Fonville Moriscy ltcatly 1304 Highway S4 ~YeaE Durham, HC 27707 Phoae:(9I9}403-1241 Pax: (919}595-3994 Logan C*rler Producetl Mdth zipFonn'Aby rlptngk~ tA02Q FiRein.Mils Reid, inasc, MirNy~n /803a xwbr zbt~ mm STANl?ARD FORM 583-T Adopted 1lZOil 7/2011 NCLA Land 10 11 Business Lntity Oranvo Couaty 21C ,(Nat e f 3tity I~Iame: F ank C7.it Jr. Title; Coutr Manaosr/ Date: ~" ~ f - ~t Business Entity NCLA Prc ie LLC (Name of Enli By: Natnc: Jared Resnick ']ills: tdember Manager Dato: ,~~ ~ t ~ Page 2 of 2 STANDARD FORM 5g3-T Pubiished 101,011 ®~noi>; PooauaaMN DpfamaOy apLOpL~ 1eD70RM1an ML nwgFh.sy Nltlds.nawte 1MmrrlOlaa~m. NC[,A Laid 12 State of North Carolina. County of Orange "Exhibit "B" This Exhibit B is made to that certain Agreement for Purchase and Sale of Real Property ("Agreement') dated October 21, 2010, by and between Orange County, NC ("Buyer") and N.C.L.A. Properties, LLC ("Seller") far the Property, being Iocated at 210 Hillsborough Rd., Carrboro. NC 27510: (the "Property'. This Agreement is contingent upon the following terms and conditions: The Examination Period is hereby extended until August 31, 2011. , The Closing Date is hereby changed to no later than thirty (30) days after the expiration of the Examination Period. Exhibit accepted by: (SEAL) By: Frank W. Cli r. Coun Man er for Oran a Coun NC (Buyer) Date: - (SEAL) By_ Jared ResniBtfor N.C.L.A. LLC (Seller) Date: 6 i. CwOhEB R. gLLBO; NFREBV CFeTET IIWT UNDER w OBFCOON w0E UNODR w SIIPERNeNRI (RETER[NCEB AS NORO 11EREOx); TNL TIE FRRmI a aoBBE CAICVUTED er ulOUOFe Nq mPM11BE8 4 1:10.000.; TNT 111E BoL01DIAK8 NOT SURNIFe RAF SHORN AR 80.0REN LNF9 PLOBm IRON BfORIMiION A4 O.S ~)-b AS ANExDED nur nR euBER s s)R aanc PN,rlt a PwE¢f a Ino .we eon lar rt~Ai~, >u a w wm¢B~ e,wD~~a onn slRUCnR¢. aR NRRBr 1. LNRr'mwwK.'~> .~mmRLU ~. n A mum-aRURm DRREr, aR oixEmw m nc xnNm: a RieDeaiox; E, n ~.PORwnw~ IiwE roronW EwrtnR n ww nw nW R ..°"°`,R..E ,R NWRECNe mBRmn N w ml Rso""""°"~E. B1NES4 w wHD AND SDI. 1Ur JI, ]011 CWAIFS R. BLLRI05 PROiE UND -0)11 ~~ a lAT iR STATE a HORm CAROLBA WHIITIER ! TA2EWELL P.B. 10Y-186 OWNtt Or OAANGE I DONALD A, WMTIIER I, __ ,RENEW OFFCER OF D.B. 1185-530 - OP WCC COUNtt. CERPiY THAT THE WP OR PUT TO WHICH IE i T 5F l f R RE RE f I 3'L~" ~~--~~ ~-'~~~ THIS CERTIf1UTM)N 5 A TOfED MEE S R11 A U O T OU A N S FOR RECONDING r011 WHICH THE RENEW OfiICER W5 n R7 5j ~~~- N 58 RESPONSIBIl11Y AS FRONDED by UW. 0 0 gOR 1 RENEW OFFICER 0. / oPAncE camtt uND RECOrms/cLS DATE Of CERTFIG1gN~ I ~ / I I 21 7 °x 1 ~D 0~ / ~ OMRBOR ENT SCHOOL PIN: 87 8-68 -1 32 ~ A? ~i P B. ~ ~ P.B. 01-201 ~ i1 ~ CHAP0. HILL CARRBORO CRY SCHOOLS PA75Y A RUBISM, ET AL ~ ,1' ~ O e WRDA A MS D9. 1321-132 / ~ / S ~\ /// ~ // ~ // \ ~// ~ ,r o ~ ~~ '° \ / \ / NCIA PRO~PER11E5, UC / P.B. 102-37 \ /// CHRISTOPNFA C. GUNN NA1HT E. GUNK D.B. 1333-77 \.// _ ../ \ \s A.rO~~ EB ,~ rwr 1 GROG 1~ y ~~/~ __pjl 5 L,,~.p~ ~~ ~ £ ~° g{ TQ 4 j1 \ RNxrNW our , a u \ Da. m-uR LEGEND: \~~ g ~ q \ p Box Fou6D ~4g o ~ ~ )R BON SR \ d'r D CAIt. CORNER \ ^ coNC. Noxu. \ RArH) a ctasuRE I:ID,DDO. // I I ~ LOT ? ~/ I \ 2.691 ACRES a. \ ~ ~~ /~ ~ ~ ,/ ~ ~ ~ / ~ \\ ~ ~qd Vj CARRBORO EI~NENTARY SCHOOL .A; \ / P.B. SS-185 ~. \ ~/~~, CHAPEL HNLB-CMRBORO9CIIY SC110015 LDT ] Is wE,\\~ER Y' T \ P.B. 02-15 ~ \ ~ 1 Oa8 1 3, TAY eM / / S~ ~ / ~ ~ 0 // LoT I \ X 2 1 / / / R WEAVER P.a o:-1e CEC0. L FISHER \ n ~ / OORf11Y B FISHEW ~~ \ / . es. xW-227 E( ~lI LOCATION AYAP SURVEY FOR ORANGE COUNTY SOUTHWEST LIBRARY PROPERTY OWNER: NCU PROPERTIES, LLC PROPERTY ADDRESS: 210 HILLSBOROUGH ROAD LOT 2, NCU PROPERTIES, LLC PIN: 9778-68-4269 PUT BOOK REFERENCE: 102-37 DEED ROOK REFERENCE: 426-177 CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLINA SCA(.E: 1" - 40' MAY 27, 2011 113 W. MANI STREET FREEHOLD LAND SURVEYS, INC. rHONC Aeio°; s"e ~"°• "` 2'610 R RuBDS PRDFEe~D~L LAND ~B~GR L-2)11 X23319 rAx ne-elz-oue ~1I ...~ W Report of subsurface Exploration and Geotechnicai Engineering Services 2M1 Acre Parcel - Carrboro, North Carolina EC5 Projoct Number os:1829z June 3, 2011 EXECUTIVE SUMMARY S~~t S ~~ t o~ ~ ECS Carolinas, LLP (ECS) has completed a report of subsurtace exploration and geotechnical engineering services for the 2.691 acre parcel located at 210 Hillsborough Street in Carrboro, North Carolina. This summary should not be considered apart from the entire text of the report with ail the qualifications and conditions mentioned herein. A structure consisting of aslab-on-grade, steel frame. metal stud, and brick veneer building is planned at the site. In addition, parking and drive [apes and a bio-retention pond are planned for the site. Building biding and grading infaniiation has not been provided at this time; however, we have assumed maximum column and wall bads would be on the order of 200 kips end 3 kips per linear foot, respectnrelp. We anticipate existing site grades would be maintained with iriinirnai cut and fill, no more than 4 feet. Seven soil test borings were pertormed at the site (B-1 though B-7}. Residual soils consisting of sandy and/or silty CLAY (CH} and sandy and/or clayey StLTS (ML) were encountered in the borings. The SPT N-values of the residual- soils ranged from 6 to 77 -blows per foot. High plasticity clays and- silts were encountered in Borings B-1 and B-3 through B-6 to depths ranging from approximately 3 feet below existing grades. Partially weathered rock (PWR), classified as material with SPT blow counts greater than 50 blows per ~ inches of penetration, was encountered in the borings below the residual soils at depths ranging from 3 to 13 feet below existing grades. Auger refusal, interpreted as intact bedrock, was encountered at depths ranging from 1 Z to 16 feet below existing grade. Groundwater was not encountered during subsurface exploration. Cave-in depths ranged from approximately 6 to 14 feet below existing ground surtace. Moderately to highly plastic clays were encountered- in the upper approximately 3 feet of Borings B-1 and- B-3 through B-6. These. soils may require moisture adjustments, localized undercutting and replacement or other appropriate remedial activities if they exist at Ehe finished subgrade elevation in building and pavement areas. It is desirable to maintain! at least 2 to 3 -feet of separation between the bottom of foundations, slabs and pavement sections to help reduce the potential far premature distress of as-built-construction as a result- of volumetric changes in the soil due to variations in its moisture content. Altemat[vely, the footings could be extended below the high plastic soils. Provided the recommendations presented in this report are followed, the proposed structures may be supported on conventional shallow footil~lg foundations and ground-supported floor slab. A design soil bearing pressure of 3,000 psf- is recommended for footings supported on approved residual soils or engineered fill materials. Based on Section 1615 of the 2006 North Carolina Building Code, the site has a Site Classifcation of C. Grading operations at this site wilt be more economical if performed during the drier periods of the year (typically April io November). However, during the wetter periods of the year, wet soils probably can be dried by using discing or other drying procedures, such as lime or cement stat~i[ization, to achieve moisture contents necessary to achieve adequate degrees of compaction. Due to the PWR and bedrock, difficult excavation should be anticipated for deep excavations into the PWR and bedrock. 14 PHIIJP ~~ ~irl ~ I ~~i~ ~~ ~~ ~~ zacn.~ POST P~-G~ f or' 2 assocw~s N CARpZ Q'~ ......, i ?p~,.oFr~ssrp;4;.y~v,9. ~ Date: June 1, 2011 'Q~ g j ; 6 -l. ~,ot f )ob #: 541102 i°y`f'P ~Eti~~,~ ~- Proposed Carrboro Library 2l0 Hillsborough Road (2.69 AC) Pill#; 9778-6$-4269 Existing Utilit.~r Availability As of 05/31/11 at 4:OOPM "NC One Call" had not responded to Ticket #A1~.1293558 and had not marked any existing utilities, whatsoever, along the frontage ~f Hillsborough Road. A. Water: Orange Water and Sewer Authority (OWASA) has a public six (6) inch ductile iron waterline just west of the western. curb fine of Hillsborough Road, opposite tie subject -site. Orange County declined-to authorize us-ta perform a fire flow report so we do -not know the pressure or_ flow characteristics of this waterline, bit such information-can be obtained from OWASA, following OWASA procedures. B.. Sanitary Sewer: OWASA has an eight (8) inch gravity sewer main located just west of the western cu, b line of Hillsborough Road, opposite the subject site. Our scope of work did not include surveying, but 4WASA reports that this sewer line is approximately, slightly over six feet below the top of curb elevation. There are also existing OWASA gravity manholes about 400 feet southeast and 500 feet due east of this property. The latter manhole is on Carrboro Elementary School property; the former manhole is in the right of-way of Shelton Street. Page 1 of 2 401 Providence Road, Suite 200 Chapel Hill, NC 27514 (919) 929-1173 (919) 493-2fi00 FAX (919) 493-fi548 15 16 54i202EX63 C. Gas: Public Service of North Carolina {PSIVC) reports to us thet there is a 4" steel gas line under Hillsborough ~Road,~ with a working pressure of about 60psf. The exact location- of the tine is unclear; but we believe the gas fine appears to be under the asphalt pavement of Hillsborough Road. D. Electricity; Duke Energy (Eric Daber) reports that there is an overhead, three {3) phase electric line on poles on the east side of Hillsborough Road. Mr. Daber reports to us that the existing electrical caps-city is sufficient for any conceivable library- building. E. Telecommunications: AT&T has major overhead and underground facilities along the east side of Hillsborough Road, same of which terminate. in the AT&T cabinets at 2D8 Hillsborough- Road. We understand these existing AT&T facilities include "copper" and "fiber° leuels of service. The overhead lines are on the existing Duke Energy poles on the east side of Hillsborough Road; the underground cables appearto be roughly below the sidewalk on the east side of Hillsborough Road. F. Cable TV: Time Warner Cable TV lines are located on the existing Duke Ener-gy poles on the east-side of Hillsborough Road. Page 2 of 2 17 ECS Project No. 06-18292-A - 1 - ~~V ~~~~~~ June 03, 2011 ~~~~~~ P,~~ ! o~ 3 1.0 EXECUTIVE SUMMARY ECS Carolinas, LLP (ECS) was contracted by Orange County to perform an ASTM Standard E-1527-05, Phase I Environmental Site Assessment (ESA) of a site located 210 Hillsborough Road in Can-boro, Orange County, North Carolina. The subject site consists of an approximate 2.37 acre parcel of land. According to the Orange County tax information, the site PIN No. is i377868426~ Any _exceptions to or deletions from this practice are described in Section 2.3 of this report. In accordance with Section 4.6 of ASTM E 1527-05, this -Phase I ESA is viable for a period of 180 days from the date of authorization. The site is comprised of an approximate 2.37 acre parcel which is currently owned by NCLA Properties LLG and is undeveloped wooded land. A gravel driveway is located on the southwestern portion of the site, extending- northeast from Hillsborough Road towards-the remainder of the site. ECS observed a wooden shed on the central .portion of the site which was oceupied by miscellaneous household supplies and materials. ECS also observed other miscellaneous household debris intermittently throughout the site. Electricity is provided in-the site area by Duke Energy and Progress Energy. Water and.. sewer services are provided in site-area by Orange Water and Sewer Authority. ECS did not observe evidence of recognized environmental conditions (RECs) during the site reconnaissance. ECS reviewed historical aerial photographs and city directories for the site. Based on the aerial photograph review, the site has been undeveloped wooded land since at least 1955. Based on the City- Directory review, the site address appears only in the 1980 Directory and is listed as residential. The historical review did not identify RECs associated with the site. Contiguous and. -nearby properties were observed during- a walking and vehicular reconnaissance of the properly boundary and public places. Land in the vicinity of the site consists of single-family residences, Carrboro Elementary School, and undeveloped land. ECS-did not observe evidence of RECs on the adjoining or nearby properties. ECS reviewed historical aerial photographs and city directories for the adjoining and nearby properties. Based- on the historical- aerial photograph review, surrounding properties have consisted of undeveloped land since at least 1955 until sometime in the 1970s when residential development took place on the surrounding properties- to the north, south, and west. The eastern adjoining property was developed with Carrboro Elementary School sometime in the mid to late 197.Os. Based on the city directory .review, listings in the vicinity of the site first appeared in the 1965 City Directory and include Carrboro Elementary School and residential listings. The historical review of surrounding properties did not identify RECs associated with the site. 18 ECS Project Plo. 06-48292-A - 2 - June 03, 2011 , The site is located in a .primarily residential area of Carrboro. A regulatory records search report, dated June 2, 2011, of ASTM standard and supplemental databases was prepared for the site by Environmental Data Resources, Inc. (EDR). The EDR report identified several properties-within the search distances of inquiries of the various ASTM standard and supplemental databases. Oakley, Louise Property, 105 Pine Street -located approximately 500 feet north and topographically downgradient of the site. According to the EDR report, soil contamination was discovered in October 2002 in- connection with a 550- gaflon heating oil .UST. The incident was Closed by the State in May 2003. Based on the topographic gradient relative to the site and the current regulatory status, ECS does not consider this incident to be a potential contamination source or REC of the site. Hoyt Perry Property, 103 Pine Street -located approximately 500 feet north and topographically downgradient of the site. According to the EDR report, soil contamination was discovered in .July 1999 in connection with a heating oil UST-. The incident is listed in the Response phase. Based on the nature of the incident and the topographic gradient relative to the site, ECS does not consider this incident to be a potential contamination source or REC of the site. Koeze, Jeff/Kate Residence, 704 W. Main Street -located approximately 700 feet west and topographically cross-gradient to the site. According to the EDR report, soil cantam-inaiion was discovered during the removal of an oil furnace in September 1993. The incident was Closed by the State in June 1996. Based on the distance from the site and the nature of the incident, ECS does not consider this incident to be a potential contamination source and REC of-the site. Located within the search distance of inquiry but greater than 1,000 feet from the site, the following incidents were identified in the EDR report; however, based on the distance from the site, ECS does not consider these incidents to be potential contamination sources or RECs of the site. • Hogan Residence, 202 E. Poplar Averwe • Pendergrass, Catherine Property, 401 Lindsay Street •- Godley, Jack Property, 109 Cheek Street • Norris Properly, 114 Eim Street • Allen Residence, 106 Kay Street • Allen, Bill ~ Elizabeth Residence, 106 Kay Street • Wiltberger Property, 503 Oak Avenue • White Property, 508 Oak Avenue • Short Stop O'Daniel, 300 West Main Street • Kuralt Property, 110 Wafters Road • Ray Property, 605 Hillsborough Road • Cheek Residential Oil Spill, 100B Milton Drive • Linda Walker Estate, 100 Westview Drive • Spi`nx 318, 207 West Main Street 19 ECS Project No. 06-18292-A - 3 - June 03, 2011 • Happy Store #318, 207 West Main Street • Chapel Hill Tire, 203 West Main Street • Fitch Lumber Company, Inc., 309 North Greensboro Street • Southern States Property, 300 Nortfi Greensboro Street • Sherry Property, 100 Mulberry Street • Glenn Oil Bulk Fuel Facility, 103 Mulberry Street • Carr Mill Mall, 200 North Greensboro Street • Rogers-Thiem tnc., 501 South Greensboro Street As documented- and qualified by this report, this assessment has not revealed evidence of RECs in connection with the property. Based on. the results of this assessment, ECS does not recommend additional assessment of the site at this time. This Execu#ive Summary_ is an integral part of the Phase I Environmental Site Assessment report. ECS recommends that-the reportbe read in its entirety. Cvt~~C 20 ~4k'~IA~«.o~ak, ~fFc-~ l oG /o Phase I Cultural Resources Investigation of the Carrboro Library Tract, Orange County, North Carolina (RFP 5170) Prepared for: Orange County Prepared by: BAbby Southerlin Principal Investigator and Dawn Reid Archaeologist Archaeological Consultants of the Carolinas, Inc. Clayton, North Carolina 2011 21 Introduction Orange County has the intention of purchasing a 2.691 acre parcel located at 210 Hillsborough Street, Carrboro, North Carolina (PID #9778684269). For this reason, they contracted with Archa.eo-logical Consultants oftheCarolinas-,Ina (ACG~ to conduct a due diligence investigation related to cultural resources which might be affected by the proposed construction. This document that descnbes the activities undertaken and the results of our field and background research. Completion ofthese tasks wdl result in documentation adequate to meet SHPO requirements for compliance with all relevant federal cultural resources legislation and guidelines (e.g., NEPA, NHPA, 36 CFR part 800) and will comply with any Carrboro ordinances related to culturalresources. Cultural resources ofparticular concern for this investigation are archaeological resources and standing structures and buildings. Archaeological Evaluation Background Review Our archaeological evaluation began with a review of archaeological site files at the North Carolina Office of State Archaeology in Raleigh. The closest recorded archaeological site is approximately .5 mile east of the project tract. This is a prehistoric site recorded by an artifact collector. Two projectile points ("arrowheads") were found which may date to the Archaic Period (approximately 1,000 - 8,000 BC). The site was not thoroughly exarriined and its significance is listed as "unassessed." Field Investigations On 12 May 2011 an archaeological survey was conducted of the 2.69 acre tract. Field investigations included a thorough examination of the tract to determine if any archaeological sites are presem. Procedures based on state and federal standards and guidelines were followed. Figures - and -show tract conditions. The tract was surveyed by walking pedestrian transacts spaced_at 30 meter intervals. In addition, screened shovel test were excavated at 30 meter intervals to determine if subsurface archaeological materials were present. Figure -shows details of our survey coverage within the tract. As a result of our field investigations one archaeological resources was recorded. Figure - shows the location of this resource within the survey tract. Isolated Find 310R636 consists of a single Native American artifact. This artifact is a single metavolcanic flake. It was discovered while excavating shovel tests at 30 meter.intervals. Additional shovel tests were excava#ed around the 22 Figure . View ofpine trees in western part oftract. Figure . View of dense woods near eastern edge of tract, in the vicinity of Isolated Find 310R636. 23 isolated find at 15 meter intervals, but none yielded additional artifacts. This artifact is likely associated with a brief encampment or rest stop where time was taken to conduct some form of lithic ' reduction activities, such as manufactluing or modifying stone tools. Because ofthe minimal nature of the isolated find it has no potential to add new or-significant information about the prehistory of the region, Based on these considerations, 310R636 is recommended ineligible for the National Register of Historic Places (NRHP) and no additional archaeological evaluation of the proposed Oarrboro Library Tract is warranted. Res ' a ` Q /. -1 Proposed ~ /- ° Library Site_ / - ° (269 Acres) O / ° .` 310R636 v / - Site Plan _ o ~ o Negative Shovel Test O / ° Positive Shovel Test ~-Datum: TR 1, ST 2 Pines and Hardwoods / 0 o / Residential ~- d s~ ° ° lsotated Fir°~d / " ° Boundary-~ ~1 / /- ~ ~~~ ,. ~ ° _/- ~ / ' ~ Carzboro . / Elemertlary y~ O Scftool O l~ / O s~ off, o~ Oa" ~•., - ~` n''s,P Residential O ,.. ._.. ......~ .. ... .. ....... ~" O H . ~ ~~ figure . lvlap showing archaeological survey coverage an location of 310R636. 3 24 Architectural Evaluation Background Research Our architectural review began with an exam;nation offiles at the North Carolina Department of Archives and History. Although we were able to identify a number of historic resources and districts in Carrboro, none were close enough to be affected by construction of the proposed library. We next contacted the Orange County Government, which provided us with a GIS layer showing historic resources on file. Five historic houses are shown on the GIS layer v~~hich are within a block ofthe study tract (Figure -). Thee resources are also identified in the book Carrboro, N.C.: An Architectural & Historical Inventory (Brown et aL 1983). These houses are located at 212, 213, 214, 217, and 218 Hillsborough Street. The house at 212 Hillsborough Street is immediately west of the proposed access easement. These five structures have not been officially documented and recorded at the state level, but all are likely eligible for the National Register of Historic Places ~~)- The Dwight Ray House at 2I 8 Hillsborough Road is located three houses north of theproject tract, at the corner ofHillsborough and Pine streets. This house is aone-and-one=half story bungalow and was built in the 1920s by Dwight Ray who was a successful merchant and politician. Architectural highlights include triangle brackets in deep eaves, a wraparound front porch, German- siding on the first story and split shake shingles on the second, and decorative upper windows. The Miles Andrews House at 214 Hillsborough Road is situated 2 lots northwest of the proposed vehicular access to the library tract. It was built for Miles Andrews, a Carrboro businessman, in the 1920s. This house is a Large one-and-one-half story with split shingles on the exterior and tall interior chimneys with corbelled stacks. It also has squat tapered posts on brick plinths supporting the wraparound port. The deep eaves have exposed rafter ends and the large roofed dormer has triangle brackets. Brown et aL (1983) note that this house is enhanced by it siting back from the road and call it "one of Carrboro's most distinctive houses." Three bungalows of similar style are present_on both sides ofHillsborough Road at 212, 213, and 217. All three feature the standard bungalow front porch with tapered posts on brick plinths-and deep eaves with triangle brackets or-exposed rafter ends. The house at 2 i 7 has a gabled roofed front dormer and siding .on both levels rather than the flat roofed dormer and shake shingles of the Dwight Ray House. The 213 Hillsborough Road house. features across-gabled roof. Field Evaluation One structure was identified within the tract boundaries (Figure -), directly behind the bungalow at 212 Hillsborough Street. This is a small one -story wood frame shed built on a concrete 4 25 ;~ ~ ~ ~' %P ~ i Q~~~°~ ;= ~ ~~~cj~~ ~~' ~ 1. Dwight Ray House C ~`Ci Qj ;~ 218_Hittsborough Rd. j '~~• V ~•~% 2. Miles~ndrews House II ~ -"' ; 21-4 Hillsborough Rd. ;" 4. No name ~ ~~ f ; ~ ^; 3. No name 217 Hillsborough Rd.i'~~ Q ~ ; ~ _± 212 Hillsborough Rd. ® i~ 5. No name ~_ 213 Hillsborough Rd.~ ~~-y ,~ =.o .v '~ ~~ `[n BLACI~V1(OOD DR ql `,~ l iV'- •Historic House _ __.---~ ~- 9 0 200 4ov metes - ~~~~ S~~ _. ~ ~ ti -TY ST 2 F- Figure . Map showing historic houses identified by gown et aL (1983). block foundation. It has a sheet metal roo£ This is a non-historic structure and requires no further evaluation. `~'~,~ App oxr mate Location ,`~ Hof Project Tract . j'•'~. HELTO('~I 5 Figure . Small shed in southern part of tract. 26 Figure . View of bungalow at 212 Hillsborough Street. 27 28 Summary and Recommendations Orange County has the intention of purchasing a 2.691 acre parcel located at 210 Hillsborough Street, Carrboro, North Carolina. (PII? #9778684269). Archaeological Consultants of the Carolinas, Inc._(ACC)conducted adue diligence investigation related to cultural resources which might be affected by the proposed construction_ The archaeological evahlaxionidentified no archaeologicalresources withinapproximately0.5 mile of the tract. Our field investigations identified a single prehistoric artifact (31OR636). This isolated find is not considered a significant resource. No additional archaeological evaluation at the tract is warranted. The effect o f the proposed development on historic homes is a little more complicated. There are no properties of significance recorded with the NC Dept. of Archives and History, but an architectural survey for Carrboro in 1983 identified five houses in the vicinity which should be considered significant resources. The main concern for these is mostly relaxed to the access onto Hillsboro Street, as it seems to run along the eastern boundary of one of these houses (212 Hillsborough Street. It is likely that vegetation buffers may be sufficient for lessening any effects on any of the historic houses. Once formal plans are prepared for the hbrary, parking lot, access road, etc., a more detailed review of specific effects will hkely be warranted., but this would not be a major undertaking. 29 References Cited Brown, Claudia Roberts, Burgess McSwain, and John Florin 1983 Carrboro, N C.: An Architectural and Historical Inventory. Published by the Cazrboro Appearance Commission, Carrboro, NC. Lefler, Hugh T. and Paul W. Wager, eds. 1953 Orange County 1752-1952. The Orange Printshop, Chapel Hill, NC. 9 30 ~~~,~ ~EY KEMP & ASSOCIATES, Iwc. _ R ~, ~ ~ ~ [{ E ~ p 5848 Faringdon Ptace, Suite 100 _ ~ _./g~ _ /_~ _.. ,_ _r Q~~,~ ~ D~ 3 Raleigh, NC?7609 Q ~' S` ~ C ~ Q T E S /" Phos-e - 919-872=5115 Fax - 919-878-54'i fi TRANSPORTATION ENGINEERS WWW.rameykemp.cam June 3; 2011 Mr. Jeff Thompson Orange County Asset Management Services 131 W. Margaret bane Hillsborough, North Carolina 27278 P: (919}'732-8181 Reference: 2.691=acre Parcel Carrboro, North Carolina Subjects Traffic Engineering. Due Diligence Summary Dear Mr. Thompsor~: This letter provides a summary of the Traffic Engineering Due Diligence services we perfovned for the 2.691- acre Parcel in Carrboro; North Carolina. We understand that the proposed development consists of a public library with a maximum size of 20,0(}0 s.f. The proposed vehicular access consists of one full-movement driveway onto Hillsborough Road (SR 1009} and a secondary connection to Shelton Street,, which will be restricted to emergency vehicle and .service vehicle access only. Note that allowing library visitors to access the site via Shelton Street would be undesirable due to the on-street parking spaces on both sides of Shelton S*seet, .which are used by Carrboro Elementary School. The purpose of this report is to slt~ari~e the existing traffic. conditions in the vicinity of the site, provide an estimate of the trip generation. potential. of the proposed library, and provide an opinion as to whether. or not off- site roadway improvements will be required. Existing Traffic Conditions Hillsborough Road is a two-lane roadway with a posted speed limit of 35 mpl~. The, vehicle travel lanes are approximately 1Z feet wide with striped bike. Ianes in both directions, which are approximately 3 feet wide. There is also a sidewalk along the northeast side of Hillsborough Road. According to average daily traffic (ADT) volume data published by the North Carolina Department of Transportation (N.CDOT}, Hillsborough Road currently carries approximately 2,800 vehicles per day. C.harlotfe,NG~- Rakejgh,NC.- Richmond VQ =Winston Salem,NC 31 Trip Generation The trip generation potential of the proposed h-brary during a typical weekday was estimated using the ITE Trip Generation Manual, $~' Edition,. and is shown in Table 1. Table 1 Site Trip Generation Table It. is estimated that the .proposed library will generate approximately 1,232 total trips (616 entering and 616 exiting) during a_typica124-hour weekday period_ Of these daily traffic. volumes, it is anticipated that 21 trips (15 entering and 6 exiting) will occur during t'de AM peak hour, and 1:41 _trips (68 entering and 73 exiting} wi71 occur during the PM peak hour. Note that this. represents a conservative estimate of the number of velzicle trips that will access the site. 'The surrounding area. is primarily residential, the site is adjacent to Carrbom Elementary School, there. are striped bike Lanes on Hillsborough Road, and an .existing sidewalk. Therefore, it is reasonable to assume that. a significant portion of Iibrary visitors will either walk or ride a bike to the library, which will help minimize th.e number of vehicle trips impacting the roadway network. Assessment of the Need for Off-Site Roadway Improvements The Florida Department of Transportation (FDOT) publishes roadway capacity thresholds for various types of roadways, which are widely accepted within the .traffic engineering community. According to FDOT; a_ two- lane roadway.such .as Hillsborough Road has a capacity of approximately 11,040 to 13,000 vehicles per day. At build-out of the proposed library, the ADT volume on Hillsborough Road is expected be approximately 3,700 vehicles per day in the vicinity of Main Street. Therefore, the projected traffic volume on Hillsborough Road wi11 be only 30%~ of the.madway capacity. Assuming the proposed site drivewayis designed correctly with adequate sight distance triangles, the horizontal and vertical alignment of Hillsborough Road should allow for adequate sight distance for drivers entering and exiting the site driveway. Some drivers may experience long delays making left-turn movements in the uicinity of this site during, the AM and PM peak hours; however; none of the nearby intersections are expected t© meet any traffic signal warrants as described in the IManual on Uniform Traffic Control Devices (MtTTCD). RANIEY KEiV(P `-ASSOCIATES 32 Conclusion Hillsborough Road is maintained by the NCDOT, so the applicant will need to apply for an NCDOT Driveway Permit. In general, NCDOT does-.not require left= or right-turn lames for site driveways on roadways with ADT volumes less than 4,000 vehicles per day, and the projected AI3T volume on Hillsborough Road is expected to be under this threshold. Based on a review of the existing traffic conditions, and an assessment. of the projected traffic conditions after construction of the proposed Library, rio oil site roadway improvements are warra3ited. However; the final determination on whether any off--site roadway improvements or additional study will be required as a condition of the Driveway Permit will be made by the NCDOT District Office. If you have any questions or comments regarding this report,. please contact xne at (919} 872-5115. Sincerely, . Ramey hemp & Associates, .Iizc.. Carl Hultgren; P.E. Senior Transportation Engineer _RAIfrtEY KEMP °~ASSOClATE$ ~,3-U`