HomeMy WebLinkAboutAgenda - 05-06-2003 - 9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 6, 2003
Action Agen a
Item No.
SUBJECT: Approval of Contract to Purchase Property -Clyde W. Vincent and Louise A.
Vincent Estates
DEPARTMENT: ERCD
ATTACHMENT(S):
Contract to Purchase
Map of Property
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
David Stancil, 245-2590
Geoffrey E. Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill .968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To purchase a 12.2-acre parcel of property located along N.C. 86 North, across
from the Northern Human Services Center.
BACKGROUND: As directed by the Board, over the past several months, ERCD and the
County Attorney have negotiated with the administrator of these estates for the purchase of a
12.2 acre property directly across from the Northern Human Services Center in Cedar Grove
Township. The reason for the proposed purchase is to provide property that will be ancillary to
the planned Cedar Grove Park and Northern Human Services Center. The Cedar Grove Park
process is anticipated to begin this summer, culminating in the construction of a park using $1.2
million of voter-approved Parks and Open Space bonds. Upgrades are also planned to the
Northern Human Services Center.. The acquisition of this property will help facilitate the
construction of both activities by providing land for future facilities, including a wastewater
system.
The offer of the County, contingent on BOCC approval, for the purchase of this property can
now be approved by the Clerk of Superior Court.
As per the contract, the County will pay for the property $54,000 ($4,426/acre) plus apro-rated
share of the current year's taxes estimated to be $269.15, for a total of $54,269.15 plus an
environmental assessment fee and transaction costs. Although there are no known
underground storage tanks on the property, a Phase I environmental assessment will be
conducted prior to closing. Upon approval by the Board, and contingent upon an acceptable
environmental report, closing on the property would occur on or before June 30, 2003. A recent
boundary survey of the site exists.
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Vincent Estate Property
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THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS:
1. PURCHASE PRICI3: The purchase price for the Property
shall be FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($54,000) plus
any amount due Seller as the result of the calculation made in
Section 4(c) of this Agreement. The purchase price shall be paid
by payment in cash at the closing.
2. TITLE: Title will be delivered to Buyer at closing by
a General Warranty Deed made to the County of Orange, North
Carolina, which shall be fee simple marketable title, free of
liens, encumbrances, easements, restrictions, rights and
conditions, including; but 'not limited to, any promissory note,
mortgage, deed of trust, real .estate contract, right of first
refusal, or option to buy, other than current property ta.~ces and
rights, reservations, covenants, easements, conditions, and
restrictions of record as of the effective date of this
Agreement that do not materially affect the value of the
Property or unduly interfere with Buyer's intended use of the
Property, and those exceptions approved in writing by Buyer
("Permitted Exceptions"). The description of the Property that
will be used in the deed from the Seller to the Buyer will be
obtained from a survey of the Property to be obtained and paid
for by the Buyer.
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(e) Reports.. All Reports, certificates, and other
documents containing factual information delivered by Seller, or
by Seller's agents in connection with this Agreemerit, are and
shall be, to the best of Seller's knowledge, true and complete
and shall riot contain any untrue statement of material fact or
omit to state any material fact, the disclosure of which is
necessary to make the statements contained therein and in this
Agreement, in light of the circumstances under which they are
made, not misleading.
(f)~ Inspections and Enviranmental.
(1) Seller has no knowledge of any underground
storage tanks being located on the Property. Buyer agrees to
perform a Phase I Environmental Assessment of the Property
(hereafter "the Phase I"), at Buyer's expense. Should the Phase
I disclose that one or more underground storage tanks are
located on the property, a condition precedent to Buyer's
obligation to close on the sale of the Property is that the
following be done at Seller's expense: (1) any underground
storage tanks located on the Property be removed, (2) all
discharged fuel oil or other contaminants be removed from the
Property, (3) a copy of a certificate demonstrating removal and
clean-up be provided to Buyer, c/o Pamela Jones, Director of
Purchasing and Central Services, 132 E. King Street,
Hillsborough, North Carolina 27278, as soon as the certificate
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asbestos), in or under the Property or. use in connection
therewith.
(iv) Seller will promptly send to~Buyer copies of
any citations, orders, notices or other material, governmental
or other, communication received with respect to any hazardous
materials, substances, wastes or other environmentally regulated
substances affecting the Property.
(3) Seller shall indemnify and hold Buyer harmless
from and against~(i) any and all damages, penalties, fines,
,claims, liens, suits, liabilities, costs (including clean-up
costs), judgments and expenses (including attorneys',
consultants' or experts' fees and expenses) of every kind and
nature suffered by or asserted against Buyer as a direct or
indirect result of any warranty or representation made by Seller
in subsection (f) herein being false or untrue in any material
respect, or (ii) any requirement under any law, regulation or
ordinance, local, State or federal, which requires the
elimination yr removal of any hazardous materials, substances,
wastes or other environmentally regulated substances by Buyer or
Seller or any transferee or assignee of Buyer or Seller.
(4) Should the Phase 2 disclose the existence on the
Property of any hazardous materials, substances, wastes or other
environmentally regulated substances (including without
limitation, any materials containing asbestos), a condition
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(c) Ad valorem taxes on the Property, if any, for the
calendar year in which the closing occurs shall be paid by
Seller. The credit for pro-rated ad valorem taxes on the
Property that would be due Seller if Buyer were not a North
Carolina local government shall be added to the purchase price
as provided in Section 1 of this Agreement. Seller shall pay any
Orange County ad valorem taxes on personal property of Seller
for the entire year of the closing. Seller shall pay all
deferred taxes, and any tax penalties including late. listing
penalties.
(d) Buyer shall pay for the entire cost of the survey of
the Property.
5. CONDITIONS:
(a) Seller agrees to allow Buyer access to the Property
for the purpose of inspecting, testing and analyzing the
Property at any time prior to the closing of the purchase of the
Property.
(b) On request of Buyer, Seller agrees to exercise
Seller's best efforts to deliver to Buyer, as soon as reasonably
possible following the signing of this agreement, copies of any
title information in possession of or available to Seller,.
including, but not limited to, title insurance policies,
attorneys opinions on title, surveys, covenants, deeds, notes,
and deeds of trust and easements relating to the Property.
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(c) The captions in this Agreement are inserted for
convenience of reference only and in no way define, describe or
limit the scope or intent of this Agreement or any of the
provisions hereof.
(d) Any provision herein contained which by its nature and
effect is required to be observed, kept or performed after the
Closing Date, shall survive the closing and remain binding upon
and for the benefit of the parties hereto, their heirs, personal
representatives, successors or assigns, until fully observed,
kept or performed.
(e) This Agreement shall be binding and shall inure
to the benefit of the parties hereto and their respective
beneficiaries, heirs, personal representatives, successors and
permitted assigns.
(f) As used in this Agreement, the masculine shall include
the feminine and neuter, and. vice versa; the singular shall
include the plural and the plural shall include the singular, as
the context may require.
(g) Any provision contained in this agreement which by its
nature and effect, if required to be observed, kept or performed
after closing shall survive the closing and shall remain binding
upon and for the benefit of the parties hereto until fully
observed, kept or performed.
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