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HomeMy WebLinkAbout2001 S Purchasing - Contracts to Purchase Bolin Creek Park Site (John and Roderick Cate)R RETURN THIS COPY TO THE CLERK'S OFFICE FOR THE PERMANENT AGENDA FILE Prepared by: Geoffrey E.. Gledhill Return to: Geoffrey E. Gledhill, P.O. Drawer 1529, Hillsborough, NC 27278 STATE OF NORTH CAROLINA COUNTY OF ORANGE OFFER TO PURCHASE AND CONTRACT THIS OFFER TO PURCHASE AND CONTRACT ( "Agreement "), made and entered into this the /51 day of �, 2001 by and between JOHN HENRY CATE, JR., a single person, having an address of 7906 Old NC 86, Chapel Hill, North Carolina 27516, hereafter called "Seller ", and the COUNTY OF ORANGE, NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278, hereafter called "Buyer "; WITNESSETH: Buyer hereby offers to purchase and Seller, upon acceptance of said offer, agree to sell and convey, all of that plot, piece or parcel of real property located in Orange County, North Carolina, which said real property is more particularly described as follows: The 36.75 -acre tract of land identified as on the plat of property titled prepared by , R.L.S., which plat is recorded at Plat Book _, Page _, Orange County Registry. The Property is further identified as Orange County P.I.N. 9860 -85 -5268 and has an Orange County tax map reference of 7.23.C.31C; and The 49.23 -acre tract of land identified as on the plat of property titled " prepared by , R.L.S., which plat is recorded at Plat Book _, Page _, Orange County Registry. The Property is further identified as Orange County P.I.N. 9870 -05 -3117 and has an Orange County tax map reference of 7.23.C.31E. 1 THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS: 1. PURCHASE PRICE: The purchase price for the Property shall be TWO MILLION FIFTY THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($2,050,600). 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 taxes and rights, reservations, covenants, easements, conditions, and restrictions of record as of the effective date of this Agreement that do not materially affecting 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 "). 3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER: Seller makes the following representations and warranties to Buyer as of the effective date of this Agreement and again as of the Closing Date: (a) Title. At the Closing Date, Seller shall have good, marketable, and indefeasible fee simple title to the Property subject only to the Permitted Exceptions, and Seller is aware of no other matters that adversely affect title to the Property. K O (b) Leases. There are no leases, licenses, or other agreements granting any person or persons the right to use or occupy the Property or any portion thereof. (c) Options. Seller has not granted any options nor committed nor obligated themselves in any manner whatsoever to sell the Property or any portion thereof to any party other than Buyer. (d) Construction Liens. To the extent any improvements have been made or will be made to the Property prior to the Closing Date that might form the basis of mechanics' or materialmen's liens, Seller agrees to keep the Property free from such liens that might result and to indemnify, defend, and hold Buyer harmless from any and all such liens and all attorneys' fees and other costs incurred by reason thereof. (e) Reports. All Reports, certificates, and other documents containing factual information delivered by Seller, or by Seller's agents in connection with this Agreement, are and shall be, to the best of Seller's knowledge, true and complete and shall not 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) Environmental. (1) There may be located on the Property one or more underground storage tanks. A condition precedent to Buyer's obligation to close on the sale of the Property is that any 3 underground storage tanks located on the Property be removed, all discharged fuel, oil or other contaminants be removed from the Property and that a copy of a certificate demonstrating removal and clean -up be provided to Orange County, c/o Pamela Jones, Director of Purchasing and Central Services, 132 E. King Street, Hillsborough, North Carolina 27278, as soon as the certificate is available and that the original of the certificate be provided to Buyer at the closing. follows: (2) Seller warrants and represents to Buyer as (i) Seller has no knowledge of, and after reasonable inquiry no reason to believe (A) that any industrial use has been made of the Property, (B) that the Property has been used for the storage, treatment or disposal of chemicals or any wastes or materials that are classified by federal, State or local laws as hazardous or toxic substances, or (C) that any manufacturing, landfilling or chemical production has occurred on the Property. (ii) The Property is in compliance with all federal, State and local environmental laws and regulations, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), Public Law No. 96 -510, 94 Stat. 2767, 42 USC 9601 et sea., and the Superfund Amendments and Reauthorization Act of 1986 ( "SARA "), Public Law No. 99 -499, 100 Stat. 1613. (iii) Seller has fully disclosed to Buyer in writing the existence, extent and nature of any hazardous 4 materials, substances, wastes or other environmentally regulated substances (including without limitation, any materials containing asbestos), which Seller is legally authorized and empowered to maintain on, 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 or 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) Seller's obligations under this Section shall survive the closing and continue in full effect notwithstanding receipt of the purchase price. 5 (g) Representations /Warranties. All representations and warranties contained in this Agreement are true and correct as of the date of execution of this Agreement and will be true as of the Closing Date and shall survive Closing and execution and delivery of the Deed and shall not be merged therein. 4. SETTLEMENT CHARGES: (a) Seller shall pay for the preparation of a deed, for the preparation and recording of all documents necessary to convey marketable fee simple title free of liens and encumbrances, and for the excise tax required by law. (b) Buyer shall pay for recording the deed. (c) Ad valorem taxes on the Property, if any, shall be prorated on a calendar year basis to the date of closing. 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 survey of the Property and all other closing costs. 5. CONDITIONS: (a) If and when water and sewer utilities are extended to the Property, Buyer agrees to grant a non - exclusive easement for the further extension of water and sewer utilities across the Property, generally in the area where indicated on the attached water and sewer easement area map, to the 23.5 -acre lot that is owned by the Seller and located across Old NC 86 from the Property and is further identified as Orange County P.I.N. 9860- 1 At 74 -2735 and has an Orange County tax map reference of 7.23.A.11A. Approval of the easement by Orange County will not be unreasonably withheld provided the easement is located in the area where indicated in the attached water and sewer easement area map. Seller agrees to obtain and pay for a survey of any water and sewer easement across the Property. The location of the water and sewer easement is subject to approval by Buyer. In the event water and sewer is extended through the Property to serve Seller's property with Orange County P.I.N. 9860 -74 -2735, Seller will be responsible for the cost of the construction of the water and sewer lines and for all OWASA fees and charges for the extension. All plans and specifications for the construction must be reviewed and approved by Buyer before construction is commenced. Buyer and Seller agree to enter into such further agreements as are reasonably necessary to accomplish water and sewer extensions contemplated by this subsection. (b) 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. (c) On request of Buyer, Seller agrees to exercise his 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. 7 (d) Any and all deeds of trust, liens or other charges against the Property not assumed by Buyer must be paid and cancelled by Seller prior to or at closing. (e) Seller will have six (6) months following closing to remove personal property from the Property. Any personal property that is not removed by Seller within six (6) months following closing will be considered abandoned property. All structures located on the Property are real property. Owner agrees to move all personal property within the Property boundary as necessary to enable Buyer to complete site evaluation, soil evaluation and any other engineering or site preparation deemed reasonably necessary by Buyer. 6. MISCELLANEOUS PROVISIONS: (a) This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein and all prior agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment or discharge or termination is sought, and then only to the extent set forth in such instrument. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without, however, giving effect to any principle of conflicts of law. (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. 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with the closing and transfer of title to the Property on or before May 31, 2001 in Hillsborough, North Carolina ( "closing Date "). 9 8. POSSESSION: Possession of the Property shall be delivered at closing, subject to Seller's right of possession for a period of 30 days after the Closing Date as provided in paragraph 5(e). IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal, the day and year written above, and Orange County has caused this instrument to be signed by the chair of the Board of County Commissioners and attested by the Clerk to its Board of County Commissioners, all the day and year written above. ATTE . Beverly Blythe, Clerk to the Board of Commissioners NORTH CAROLINA &CMSE COUNTY SELLER: �Q ��'�/ (SEAL) JOHN HENRY ATE, BUYER: COUNTY OF ORANGE, NO TH CAROLINA _Z?o 0000 By: S ephen Halkiotis, Chair Orange County Board of Commissioners I, 1 r16- l`�� , a Notary Public of i2A ( County and the afor said State, certify that 3-a vin vtn ✓ personally came before me this day and duly sworn acknowledged that they executed the foregoing instrument for the purposes contained within. Witn ,ss my hand and official s mp or eal, this the 1� day of ll 2001. Notary Public si7 My commissio xpires: 7- 06 NORTH CAROLINA COUNTY OF ORANGE I, a Notary Public of the County and State aforesaid, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for the County of Orange and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand day of , My commission expire and official stamp or seal, this the 200. Y otary Public II 11 ADDENDUM This Addendum is made and entered into by and between John Henry Cate, Jr. (Seller) and the County of Orange, North Carolina (Buyer) as a part of that Offer to Purchase and Contract (Agreement) entered into by the parties of even date hereof. 1. Section 3 of the Agreement is hereby modified by changing Subsection 3 ( f) (4 ) to Subsection 3 (f) (5 ) and adding a new Subsection 3 (f) (4 ) as follows: (4) In the event any environmental hazard is identified prior to closing which requires clean -up pursuant to Subsection (3) hereof, both parties shall have the right to terminate this Agreement. 2. Section 4 of the Agreement is hereby modified by adding a new Subsection (e) as follows: (e) In the event environmental clean -up is required and the parties do not terminate this Agreement, the clean -up costs and environmental inspection costs will be applied as a credit to the purchase price of the Property. Provided, however, the cost of the Phase I and Phase II environmental assessments shall in any event be paid by Buyer. This thel day of May, 2001. Seller Buyer: Z&2!L4& /fr,&7J, (SEAL) County of Orpn ge, Nor h arolina John enr Cate, J . By: Stephen H. Halkiotis, Chair RETURN THIS COPY TO THE CLERK'S _ OFFICE FOR THE PERMANENT AGENDA FILE Prepared by: Geoffrey E. Gledhill Return to: Geoffrey E. Gledhill, P.O. Drawer 1529, Hillsborough, NC 27278 STATE OF NORTH CAROLINA COUNTY OF ORANGE OFFER TO PURCHASE AND CONTRACT THIS OFFER TO PURCHASE AND CONTRACT ("Agreement"), made and entered into this the ZS-/ day of , 2001 by and between RODERICK LYNWOOD CATE, a single person, having an address of 8002 Old NC 86, Chapel Hill, North Carolina 27516, hereafter called "Seller ", and the COUNTY OF ORANGE, NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough, North Carolina 27278, hereafter called "Buyer "; WITNESSETH: Buyer hereby offers to purchase and Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of real property located in Orange County, North Carolina, which said real property is more particularly described as follows: The 62.77 -acre tract of land identified as on the plat of property titled if prepared by , R.L.S., which plat is recorded at Plat Book _, Page _, Orange County Registry. The Property is further identified as Orange County P.I.N. 9860 -84 -3227 and has an Orange County tax map reference of 7.23.C.31G. 11 C THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS: 1. PURCHASE PRICE: The purchase price for the Property shall be ONE MILLION FOUR HUNDRED NINETY -ONE THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($1,491,700). 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 taxes and rights, reservations, covenants, easements, conditions, and restrictions of record as of the effective date of this Agreement that do not materially affecting 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"). 3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER: Seller makes the following representations and warranties to Buyer as of the effective date of this Agreement and again as of the Closing Date: (a) Title. At the Closing Date, Seller shall have good, marketable, and indefeasible fee simple title to the Property subject only to the Permitted Exceptions, and Seller is aware of no other matters that adversely affect title to the Property. E (b) Leases. There are no leases, licenses, or other agreements granting any person or persons the right to use or occupy the Property or any portion thereof. (c) Options. Seller has not granted any options nor committed nor obligated themselves in any manner whatsoever to sell the Property or any portion thereof to any party other than Buyer. (d) Construction Liens. To the extent any improvements have been made or will be made to the Property prior to the Closing Date that might form the basis of mechanics' or materialmen's liens, Seller agrees to keep the Property free from such liens that might result and to indemnify, defend, and hold Buyer harmless from any and all such liens and all attorneys' fees and other costs incurred by reason thereof. (e) Reports. All Reports, certificates, and other documents containing factual information delivered by Seller, or by Seller's agents in connection with this Agreement, are and shall be, to the best of Seller's knowledge, true and complete and shall not 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) Environmental. (1) There may be located on the Property one or more underground storage tanks. A condition precedent to Buyer's obligation to close on the sale of the Property is that any 3 underground storage tanks located on the Property be removed, all discharged fuel, oil or other contaminants be removed from the Property and that a copy of a certificate demonstrating removal and clean -up be provided to Orange County, c/o Pamela Jones, Director of Purchasing and Central Services, 132 E.'King Street, Hillsborough, North Carolina 27278, as soon as the certificate is available and that the original of the certificate be provided to Buyer at the closing. follows: (2) Seller warrants and represents to Buyer as (i) Seller has no knowledge of, and after reasonable inquiry no reason to believe (A) that any industrial use has been made of the Property, (B) that the Property has been used for the storage, treatment or disposal of chemicals or any wastes or materials that are classified by federal, State or local laws as hazardous or toxic substances, or (C) that any manufacturing, landfilling or chemical production has occurred on the Property. (ii) The Property is in compliance with all federal, State and local environmental laws and regulations, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), Public Law No. 96 -510, 94 Stat. 2767, 42 USC 9601 et seq., and the Superfund Amendments and Reauthorization Act of 1986 ( "SARA "), Public Law No. 99 -499, 100 Stat. 1613. (iii) Seller has fully disclosed to Buyer in writing the existence, extent and nature of any hazardous 51 materials, substances, wastes or other environmentally regulated substances (including without limitation, any materials containing asbestos), which Seller is legally authorized and empowered to maintain on, 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 or 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) Seller's obligations under this Section shall survive the closing and continue in full effect notwithstanding receipt of the purchase price. 5 (g) Representations /Warranties. All representations and warranties contained in this Agreement are true and correct as of the date of execution of this Agreement and will be true as of the Closing Date and shall survive Closing and execution and delivery of the Deed and shall not be merged therein. 4. SETTLEMENT CHARGES: (a) Seller shall pay for the preparation of a deed, for the preparation and recording of all documents necessary to convey marketable fee simple title free of liens and encumbrances, and for the excise tax required by law. (b) Buyer shall pay for recording the deed. (c) Ad valorem taxes on the Property, if any, shall be prorated on a calendar year basis to the date of closing. 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 survey of the Property and all other closing costs. 5. CONDITIONS: (a) If and when water and sewer utilities are extended to the Property, Buyer agrees to grant a non - exclusive easement for the further extension of water and sewer utilities across the Property, generally in the area where indicated on the attached water and sewer easement area map, to the 23.5 -acre lot that is owned by the Seller's father (John Henry Cate, Jr.) and located D L3 across Old NC 86 from the Property and is further identified as Orange County P.I.N. 9860 -74 -2735 and has an Orange County tax map reference of 7.23.A.11A. Approval of the easement by Orange County will not be unreasonably withheld provided the easement is located in the area where indicated in the attached water and sewer easement area map. Seller agrees to obtain and pay for a survey of any water and sewer easement across the Property. The location of the water and sewer easement is subject to approval by Buyer. In the event water and sewer is extended through the Property to serve Seller's property with Orange County P.I.N. 9860 -74 -2735, Seller will be responsible for the cost of the construction of the water and sewer lines and for all OWASA fees and charges for the extension. All plans and specifications for the construction must be reviewed and approved by Buyer before construction is commenced. Buyer and Seller agree to enter into such further agreements as are reasonably necessary to accomplish water and sewer extensions contemplated by this subsection. (b) 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. (c) On request of Buyer, Seller agrees to exercise his 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. 7 (d) Any and all deeds of trust, liens or other charges against the Property not assumed by Buyer must be paid and cancelled by Seller prior to or at closing. (e) Seller will have six (6) months following closing to remove personal property from the Property. Any personal property that is not removed by Seller within six (6) months following closing will be considered abandoned property. All structures located on the Property are real property. Owner agrees to move all personal property within the Property boundary as necessary to enable Buyer to complete site evaluation, soil evaluation and any other engineering or site preparation deemed reasonably necessary by Buyer. Seller will have 30 days after the closing to vacate possession of the farmhouse located on the Property. 6. MISCELLANEOUS PROVISIONS: (a) This Agreement embodies and constitutes the entire understanding between the parties with respect to the transaction contemplated herein and all prior agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment or discharge or termination is sought, and then only to the extent set forth in such instrument. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without, however, giving effect to any principle of conflicts of law. (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. 0 7. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with the closing and transfer of title to the Property on or before May 31, 2001 in Hillsborough, North Carolina ( "closing Date "). 8. POSSESSION: Possession of the Property shall be delivered at closing, subject to Seller's right of possession for a period of 30 days after the Closing Date as provided in paragraph 5(e). IN WITNESS WHEREOF, the Seller has hereunto set their hands and seals, the day and year written above, and Orange County has caused this instrument to be signed by the chair of the Board of County Commissioners and attested by the Clerk to its Board of County Commissioners, all the day and year written above. SELLER: �.a4. (SEAL) ��� �- I►'j� °7°� RODERICK LYD&OOD CATE y �A o BUYER: PU COUNTY OF RANGE, NORTH CAROLINA By: ��`'•�•n+ + ++ + ►``'1� tephen H. Halkiotis, Chair Orange County Board of Commissioners ATTE Beverly Blythe, Clerk to the Board of Commissioners w1] NORTH CAROLINA COUNTY J-' a Notary P b is of i'�/l9 unty and the aforesaid State, certify that personally came before me this day and duly sworn acknowledged that they executed the foregoing instrument for the purposes contained within. 1 Wit ess my hand and official stamp or seal, this the S day of 200 Notary Public My comm'ss' n expires: 6 NORTH CAROLINA COUNTY OF ORANGE I, a Notary Public of the County and State aforesaid, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for the County of Orange and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand day of , My commission 6)expire /O - /�3 �G� ' and official stamp or seal, this the 200 / . otary Public 11 ADDENDUM This Addendum is made and entered into by and between Roderick Lynwood Cate. (Seller) and the County of Orange, North Carolina (Buyer) as a part of that Offer to Purchase and Contract (Agreement) entered into by the parties of even date hereof. 1. Section 3 of the Agreement is hereby modified by changing Subsection 3(f)(4) to Subsection 3(f)(5) and adding a new Subsection 3 (f) (4) as follows: (4) In the event any environmental hazard is identified prior to closing which requires clean -up pursuant to Subsection (3) hereof, both parties shall have the right to terminate this Agreement. 2. Section 4 of the Agreement is hereby modified by adding a new Subsection (e) as follows: (e) In the event environmental clean -up is required and the parties do not terminate this Agreement, the clean -up costs and environmental inspection costs will be applied as a credit to the purchase price of the Property. Provided, however, the cost of the Phase I and Phase II environmental assessments shall in any event be paid by Buyer. This the day of May, 2001. Seller Buyer: Aft" 923M, (SEAL) County of O ange, No th Carolina Roderick Ly ood Cate By: Stephen H. Halkiotis, Chair