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HomeMy WebLinkAboutAgenda - 05-21-1991ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA BOARD OF EQUALIZATION AND REVIEW TO HEAR APPEALS -- OLD POST OFFICE, CHAPEL HILL - 5:30 P.M. REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, MAY 21, 1991 ON ALL ABSTRACTS 7:30 P.M. AVAILABLE IN THE OLD POST OFFICE CLERK'S OFFICE. CHAPEL HILL, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 968 -4501. BOARD COMMENTS AND COUNTY MANAGERIS REPORT ARE TO BE ADDRESSED AT THIS TIME. REFER TO ITEMS IX AND X. I. ADDITIONS OR CHANGES TO THE AGENDA II. AUDIENCE COMMENTS A. Matters on the Printed Agenda (We would appreciate you signing the pad ahead Of time so that you are not overlooked.) B. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. III. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) A. Agreement Between UNC -CH School of Dentistry and the Orange County Health Department B. Lease Renewal for Solid Waste Collection Center C. 1990 -91 Audit Contract D. Government Services Center -- Change in Contract Amount for Architect IV. RESOLUTIONS /PROCLAMATIONS A. Project KIDS Recognition . B. Resolutions of Appreciation for Rod Visser and Bobby Inman V. SPECIAL PRESENTATIONS VI. PUBLIC HEARINGS A. For Citizen Comments and a Decision 1. Property Acquisition -- Southern Human Services Building VII. REPORTS A. Job - Training Partnership Program for FY 91 -92 B. Review of Environmental Assessments VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. Chestnut Oaks Housing Development Program- - Approval of Environmental Review Record and Development Agreement B. OPC Mental Health Agency Building Renovations C. Planning Process for Southern Human Services Building D. Contract Approval -- Communications System Coverage Evaluation and System Upgrade Recommendations E. Proposed Resolution for Consideration by the N.C. Association of County Commissioners F. Historic Inventory Grant G. Amendments to the Erosion Control Ordinance H. Budget Amendment -- Rencher Street CDBG Program I. Poe Education Health Center IX. BOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. . ADJOURNMENT P 4 , T Approved June 25, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 21, 1991 The Board of E & R was held at 5:30 p.m. The minutes for that meeting have been approved and have been placed in the E & R minute book in the Clerk's Office. The Orange County Board of Commissioner met in Regular Session on Tuesday, May 21, 1991 at 7:30 p.m. in the Franklin Street Post Office District Courtroom in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice -Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Captain Joe Dickey, Housing and Community Development Director Tara Fikes, Administrative Secretary V Kelly James, Purchasing Director Pam Jones, Sheriff Lindy Pendergrass, Child Support Director Janet Sparks, Fire Marshall Mike Tapp, and Major Don Truelove. BOARD COMMENTS Commissioner Halkiotis made reference to the Davis Road situation and stated that according to DOT the statement that they would not maintain Davis Road was made in error. He asked the County Manager to keep the Board updated on this situation. COUNTY MANAGER'S REPORT None I. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Willhoit added as item III -A.0 a report from Marti Cook on the State requirement to set up a committee to review child abuse cases. Commissioner Gordon deleted from the appointments the Chapel Hill Planning Board. The OWASA Board appointment was tabled. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that any member of the audience who has indicated a desire to speak will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE 2 PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as stated below: A. AGREEMENT BETWEEN UNC -CH SCHOOL OF DENTISTRY AND THE ORANGE COUNTY HEALTH DEPARTMENT The Board approved and authorized the Chair to sign an agreement with the UNC -CH School of Dentistry which will enable the Orange County Health Department Dental Clinic to be used by the UNC -CH School of Dentistry to conduct a twelve -month clinical trial to test the efficacy of an anti - plaque dental mouth rinse and /or toothpaste and the prevention of gingivitis. B. LEASE RENEWAL FOR SOLID WASTE COLLECTION CENTER The Board approved and authorized the Chair to sign a lease renewal for the solid waste collection center on Highway 57. The lease is for a period of 5 years effective April 1, 1991 through March 31, 1996 at a rate of $100.00 per month. C. 1990 -91 AUDIT CONTRACT The Board approved and authorized the Chair to sign a contract with Deloitte & Touche to develop the audit for the fiscal year ending June 30, 1991. The contract amount is $30,500. D. GOVERNMENT SERVICES CENTER - CHANGE IN CONTRACT AMOUNT FOR ARCHITECT The Board approved the additional architect fees of $4,300. This additional cost was attributed to some re- design work required in response to the recommendations from the Hillsborough Historic District Commission. VOTE ON THE CONSENT AGENDA: UNANIMOUS IV. RESOLUTIONS /PROCLAMATIONS Chair Carey recognized and commended the following list of people who participated in Project KIDS. Project KIDS was an inter - agency effort spearheaded by the County's Child Support Enforcement Department. This State /County coordination resulted in child support collections which increased 17% in August, 1990 and 28% in September, 1990. Over $17,000 was collected on the court day of September 17th. CLERK OF COURT DEPARTMENT Shirley James, Clerk of Court Myra Crawford, Deputy in charge of collections SHERIFF'S DEPARTMENT Sheriff Lindy Pendergrass Major Don Truelove 3 Captain Joe Dickey and others who actually served the papers DISTRICT COURT JUDGES Judge Patricia Hunt Judge Stanley Peele CHILD SUPPORT ENFORCEMENT OFFICE Janet Sparks, Director Elaine Glenn, Office Assistant Kelly James, Admin. Secretary V Deborah Ricks, Child Support Officer Natalie Young, Child Support Officer B. RESOLUTIONS OF APPRECIATION FOR ROD VISSER AND BOBBY INMAN Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and sign the Resolution of Appreciation for Rod Visser as stated below: RESOLUTION OF APPRECIATION FOR RODERICK VISSER WHEREAS, Roderick Visser is an Orange County resident and employed by Orange County as Assistant County Manager, and WHEREAS, Roderick Visser is a Major in the United States Army assigned to the 422nd Civil Affairs Company in Greensboro, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Roderick Visser faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from December 11, 1990 through May 9, 1991, and WHEREAS, Roderick Visser has safely returned to his home and work in Orange County, NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Roderick Visser for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt and sign the Resolution of Appreciation for Bobby Inman as stated below: RESOLUTION OF APPRECIATION FOR BOBBY INMAN WHEREAS, Bobby Inman is employed by Orange County as Motor Pool Supervisor in the Public Works Department, and WHEREAS, Bobby Inman is a Sergeant 1st Class in the United States Army assigned to the HHC 171st Support Group in Garner, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and 4 WHEREAS, Bobby Inman faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from September 12, 1990 through March 25, 1991, and WHEREAS, Bobby Inman has safely returned home and to his work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Bobby Inman for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. PROPERTY ACQUISITION - SOUTHERN HUMAN SERVICES BUILDING This item was presented for the receipt of public comments. John Link stated that a site has been found for the Southern Human Services Building which the Commissioners have endorsed. The site which is located off of Airport Road on Homestead Road in Chapel Hill contains 34.10 acres for a total cost of $852,500. The County will pay $550,000 at the time of closing and will finance the remaining balance through the owner, Mr. Hoyle, for 50 months at a 7% interest rate. This will yield a total cost of the property, including interest, of $908,189. THERE WERE NO PUBLIC COMMENTS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to ratify the publication of the Notice of the Public Hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the Resolution attached on pages of these minutes and an offer to purchase and contract for the purchase by Orange County of 34.10 acres owned by Mr. Vinton Hoyle, Jr., for a sum of $852,500 to be financed in the manner heretofore described and to authorize the County Attorney to handle the appropriate paperwork on behalf of the Board of Commissioners and authorize the Board Chairman and the Clerk to the Board to execute all documents on behalf of the County necessary to this transaction. VOTE: UNANIMOUS 5 VII. REPORTS A. JOB TRAINING PARTNERSHIP PROGRAM FOR FY 91 -92 Albert Kittrell and members of the Private Industrial Council reviewed the Job Training Partnership Act training programs and funding for fiscal year 1991 -92. Commissioners Insko and Gordon asked for additional information which will be provided by Mr. Kittrell. This report was received as information. B. REVIEW OF ENVIRONMENTAL ASSESSMENTS Planner Mary Scearbo reviewed the procedure by which the Board of Commissioners may be notified of the submittal of an Environmental Assessment required by the Environmental Impact Ordinance. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis that the current practice for reviewing environmental assessments continue to be an administrative process as outlined in Attachment I with only Environmental Impact Statements presented to the Board of Commissioners as part of the public hearing process. Environmental Assessments will be distributed to individual commissioners at their request. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION -- REGULAR AGENDA A.0 STATE REQUIREMENT FOR A REVIEW COMMITTEE FOR CHILD ABUSE CASES Commissioner Willhoit indicated that a determination needs to be made if this requirement is good for Orange County or not. The Board has added Child Protective Workers to the Department of Social Services at 100% county money. Social Services Director Marti Pryor -Cook stated that this committee is being required by the State in response to growing concerns about the Child Protective Services system in North Carolina and the twenty -one children who died over the past year. The State of North Carolina has been severely criticized through the media for the lack of leadership in this area as it relates to working with the 100 counties to strengthen the system of protecting children and providing services to families. One particular point of criticism has been the lack of funding in this area to assist local governments. On May 2, the Governor issued an Executive Order mandating that all 100 counties create child protection teams as well as child fatality review teams in each county. The purpose will be to review certain cases of child abuse or neglect including local child fatalities. Counties that fail to implement the teams will lose state funding for protective service administration. In Orange County that amounts to about $55,000 or 1.5 social workers. The full impact of these teams on operations cannot be determined at this time because there have been no specific guidelines developed by the State Department of Human Resources as it relates to the scope Of the cases to be reviewed or the kinds of records or reports that must be maintained. She is to receive that information after June 5. According to the Executive order, these teams must be operational i 6 by June 2. Although those in Social Services support this concept, they also believe that resources must be available for adequate staff and training. They also believe that there should be a statewide review system. In Orange County, they are already involved in many review processes. Ms. Cook believes that without some specific guidelines, this could turn into another layer of bureaucracy and will also limit some of the resources the County has to investigate child abuse and neglect because staff support will need to be made available to this review team. The Board agreed to send a letter to the Governor and the County's legislative delegation outlining what the County is already doing and how much money the County puts into protective services above the state allocation for this program. A. CHESTNUT OAKS HOUSING DEVELOPMENT PROGRAM - APPROVAL OF ENVIRONMENTAL REVIEW RECORD AND DEVELOPMENT AGREEMENT Tara Fikes updated the Board on the status of the Habitat sponsored Chestnut Oaks subdivision. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to (1) receive the status report as information, (2) approve the Environmental Review Record and authorize the Chair to sign the document on behalf of the Board, (3) authorize the publication of the Notice to the Public of No Significant Impact on the Environment and Request for Release of Funds in the Durham Morning Herald on or about May 24, 1991, and (4) approve the Development Agreement with Habitat for Humanity and authorize the Chair to sign the document on behalf of the Board. VOTE: UNANIMOUS 8. OPC MENTAL HEALTH AGENCY BUILDING RENOVATIONS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the request from Orange- Person- Chatham Mental Health Agency to construct an addition to the Southern Human Services Building 02 and allocate $20,000 from the current CIP. VOTE: UNANIMOUS C. PLANNING PROCESS FOR SOUTHERN HUMAN SERVICES BUILDING T Pam Jones explained the planning process for the Southern Human Services Building. The planning committee will (1) interview and recommend the architect to the Board of Commissioners, (2) review and recommend a final schematic design to the Board, and (3) review and comment on design (interior) drawings. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the planning process as outlined above and to appoint Commissioner Insko as the Board's representative to the Planning Committee with Commissioner Halkiotis serving as the alternate. VOTE: UNANIMOUS D. CONTRACT APPROVAL - COMMUNICATIONS SYSTEM COVERAGE EVALUATION AND SYSTEM UPGRADE RECOMMENDATIONS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign a x 4. WA contract with RF Projects for communications system coverage evaluation and system upgrade for a sum of $11,900. VOTE: UNANIMOUS E. PROPOSED RESOLUTION FOR CONSIDERATION BY THE N.C. ASSOCIATION OF COUNTY COMMISSIONERS This item was postponed to the next regular meeting. F. HISTORIC INVENTORY GRANT Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the County Manager to sign the Memorandum of Agreement accepting a $5,000 survey and planning grant from the State Historic Preservation Office to conduct a historic properties inventory in Chapel Hill Township and to approve the request for proposals to be sent to consultants interested in undertaking the project. VOTE: UNANIMOUS G. AMENDMENTS TO THE EROSION CONTROL ORDINANCE Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the proposed amendments to the Erosion Control Ordinance, including the changes to section 26 as recommended by the County Attorney. (A copy of the descriptive narrative is in the permanent agenda file in the Clerk's Office. A copy of the approved amendments will be in the Official Ordinance Book.) VOTE: UNANIMOUS H. BUDGET AMENDMENT - RENCHER STREET CDBG PROGRAM Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the transfer of $40,000 from the County Section 8 Reserve Fund to the Rencher Street Community Development Program. VOTE: UNANIMOUS I. POE EDUCATION HEALTH CENTER After a brief discussion, action was delayed on this item. It was decided that the School Boards would be requested to participate in this contribution. XI. APPOINTMENTS OWASA - postponed to allow applicants an opportunity to respond to a list of questions approved by the Commissioners. TRIANGLE TRANSIT AUTHORITY - Motion was made by Commissioner Halkiotis, seconded by commissioner Carey to appoint Commissioners Willhoit and Insko to this authority. VOTE: UNANIMOUS CHAPEL HILL BOARD OF ADJUSTMENT - Motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to reappoint Kenneth Bagwell I . '4, , I , 0 8 as a regular member and Ron Ginsburg as an alternate member and to appoint Julian Raney as a regular member. VOTE: UNANIMOUS CHAPEL HILL PLANNING BOARD - Postponed to a later meeting. ORANGE COUNTY HISTORIC PRESERVATION COMMISSION - Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Norma White, Jean Anderson, Patricia Dickinson, Todd Dickinson and Trawick Ward to this Commission. VOTE: UNANIMOUS COMMISSION FOR WOMEN - Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to reappoint Linda Carver, and to appoint Bonnie Davis, Aimee Tattersall and Betty Caldwell to this Commission. VOTE: UNANIMOUS NEW HOPE CREEK CORRIDOR STUDY - Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to appoint Chairman Moses Carey to this group. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the April 1, 1991 regular meeting as presented. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the minutes for the April lb, 1991 regular meeting as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIV. ADJOURNMENT With no further items to be considered, Chairman Carey adjourned the meeting at 10:15 p.m. The next regular meeting will be held on Tuesday, May 28, 1991 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk � � :l � I ORANGE COUNTY BOARD OF CONKISSIONUS Action Agenda Item No. _& A ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: Agreement Between UNC -CH School of Dentistry and the Orange County Health Department DEPARTMENT: HEALTH ATTACHMENT(S): Three Page Agreement Between the University of North Carolina at Chapel Hill for its School of Dentistry and the Orange County Health Department PUBLIC HEARING: Yes X No INFORMATION CONTACT: DANIEL B. REIMER, HEALTH DIRECTOR, X2411 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To enable the Orange County Health Department DentaltClinicmto be used by the UNC -CH School of Dentistry to clinical trial to test the efficacy of an anti- plaque dental mouth rinse and /or toothpaste and the prevention of gingivitis (gum disease). BACKGROUND: The UNC -CH School of Dentistry has btainedtracontract to proposed, conduct the the above - mentioned study. Through School is seeking to include the Orange County Health Department Dental Clinic among the many sites where it will carry out the trial. The project will reimburse the subject, which will include both Health Department clients and others, for their participation in the project. Arrangements have been made to conduct the study without undue disruption of services either in the dental or personal health service clinics. The Board of Health reviewed the proposal at its January 1991 meeting. The Board determined that the project has been approved by an institutional review committee, will benefit Health will Department patients and other clients within the community, not supplant any existing service and will provide an unexpected revenue source for the dental health division, therefore, it approved the project at that time. RECOMMENDATION(S): Approve the contract, accept the additional revenue, and authorize the Chair to sign. A E AGREEMENT BETWEEN The University of North Carolina at Chapel Hill for its School of Dentistry AND The Orange County Health Department THIS AGREEMENT, made and entered into this first day of February, 1991 and between the University of North Carolina at Chapel Hill, hereinafter by to as "The University" for its School of Dentistry; and the Oran referred Orange Department, hereinafter referred to as "The Health De art g County. Health p ment ". WITNESSETH: WHEREAS, The University proposes a six -month clinical trial of a toothpaste developed for the prevention or reduction 'of gingivitis or plaque in human the University > and y proposes to conduct a portion of the clinical trial at The Health Department in Hillsborough, NC and WHEREAS, the Health Department desires to contract with the University be reimbursed for costs involved (i.e. clinic space, supplies conducting to the clinical trial. NOW, THEREFORE, in consideration of the premises, The University Health Department agree as follows: and The 1- The Health Department agrees to provide to the University the use of clinical chairs in The Health Department in Hillsborough, on Mondays, Tuesdays, and Fridays on reserved days (approximately 20 days) in the dental clinic. 2. The University shall pay The Health Department $300 per full day and $150 per half -day for the use of the facility. If instruments are used that belong to The Health Department, an additional $25 will be added. Payment shall be made on a quarterly basis. 3 r 3. The University shall provide all personnel to conduct the clinical trial. 4. The Health Department shall provide access to a telephone and a desk for the study coordinator. 5. The Health Department shall permit the University to use the sterilization area for the, sterilization and disinfection of instruments used during the study days. 6. While The University personnel conducting the clinical trial are at The Health Department, their professional liability insurance coverage will be provided by the insurance carrier used by The University of North Carolina School of Dentistry. 7. This agreement shall run for a period of one (1) year, from February 1, 1991 to January 31, 1992- 8. This agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payments due shall be paid to The Health Department within sixty (60) days of termination of this agreement. g. The Health Department hereby agrees with The University that, in its educational and /or employment practices, the Health Department will comply with such non - discrimination laws as may be applicable to it in the performance of this contract. 10. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the agreement. IN WITNESS WHEREOF, the parties have hereunto signed this agreement in 4 their official capacities of the day and year listed below. FOR AND ON BEHALF OF: Daniel B. Reimer Health Director Date: FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH INA AT CHAPEL HILL: �• LI r Berg JAcellor c i D E Vice Business and Finance Business and Finance This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious Director, Orange County Finance Date: Chairman, Orange County Board of Commissioners Date: k r O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 I Action Agenda Item # _1=5_71-- -5 SUBJECT: Lease Renewal for Solid Waste Collection Center DEPARTMENT: Fubllo Works PUBLIC HEARING: Yes X No ATTACHMENT(S): Lease INFORMATION CONTACT: Wilbert McAdoo Ext. 2627 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To renera lease for Solid Waste Collection Center at Highway 57, Hillsborough, North Carolina. BACKGROUND: There are 22 Solid Waste Collection Centers in Orange County, 5 of which are leased. This was the first site leased by the County in an effort to consolidate sites. The mite, which is very accessible, is centrally located North of Hillsborough. The site has 30 six yard containers for waste disposal as well as recycling containers for newsprint, glass, aluminum and plastics. The Highway 57 Site is the most used of all Solid Waste Collection Centers in Orange County. The initial lease period was April 1, 1986 - March 31, 1991 at the rate of $50.00 per month. The size of the site is one acre. We are proposing renewing the lease for a period of 5 years effective April 1, "1991 - March 31, 1996 at a rate of :100.00 per month. RECOMMENDATION: To approve lease renewal. 2 NORTH CAROLINA LEASE ORANGE COUNTY This lease agreement entered into this 21st day of May, 1991 by and between Annie D. Freeland of Hillsborough, Orange County, North Carolina, hereinafter referred to as Lessor and Orange County, North Carolina, 109 Court Street Hillsborough, North Carolina 27278, hereinafter referred to as Lessee, W I T N E S S E T H: Lessor hereby agrees to lease the property described below to Lessee upon the following terms and conditions: 1. The Property. The property herein leased is a tract and parcel of land, together with all improvements located thereon, located in Hillsborough Township, Orange County, North Carolina and more particularly described as follows: Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a.new corner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iron witness on bank) and South 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. 00' 00" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to plat and survey of Alexander T. Davidson, R.L.S., dated January 12, 1986 and entitled, "Property of William G. and Annie D. Freeland." This is the same property conveyed to Lessor from by,deed recorded at Book Page of the Orange County Registry. 2. The Lease. The lease will commence April 1, 1991, and terminate March 31, 1996. Lessor or Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of One Hundred Dollars (5100,00) per month for each and every month of the term of this lease, payable on or before the 1st of each month of the lease term. 3. Iriprovements and Maintenance. Lessee shall have the right to make any and all improvements, temporary or permanent, to the premises as deemed necessary and desirable by Lessee for its use of the premises. It is anticipated that Lessee will use the premises for solid waste " dumpsters." It is further intended that the premises will accommodate and be used for at least twenty -five (25) "dumpsters." Lessee agrees to fence the dumpster site and leave and provide a buffer strip of vegetation in its natural state of at lease 8 feet in width along Highway 57. All improvements made to the premises shall be made at the expense of Lessee. All such improvements which are made to the premises which cannot be removed without damage to the premises shall become a part of the premises and upon the termination of this lease shall be the property of owner of the premises. Any additional ad valorem taxes resulting from any permanent improvements to the premises shall be the responsibility of the Lessee. From and after the time Lessee takes possession of the premises it shall be the responsibility of Lessee to maintain the premises in a neat, clean and orderly condition at all times. Roadways, parking areas, and other public access ways shall be maintained by Leesee. Fences installed on the premises by Lessee shall also be maintained by Lessee. W 2 3 M 4. Taxes. Lessor agrees to pay all taxes and assessments during the term of this lease, including but not limited to municipal, county and state taxes assessed against said premises which are incident to the ownership of said premises. 5. Insurance and Indemnity. Lessee shall, at Lessee's expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of $300,000/$300,000 for personal injury o.r death and $100,000 for property damage. The Lessor shall be named as an additional insured in this policy. Lessee shall deliver said policy or a certificate of insurance to Lessor together with evidence of full payment of premiums. To the extent permitted by law and to the extent provided for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the premises or elsewhere. 6. Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 7. Parties. This lease shall be binding and shall 6' inure to the benefit of the parties and their heirs, successors and assigns. B. Entire Agreement; waiver. This lease contains the entire agreement of the parties and there are not representations, inducements, or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and signed.by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by Lessor or Lessee of any breach by the other of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. Page 4 ANNIE D. FREELAND 5 NORTH CAROLINA ORANGE COUNTY I, a Votary Public of said State and County do hereby certify that Annie D. Freeland personally- appeared before me this day and acknowledged the due execution of the foregoing Lease. Witness my hand and official seal, this the day of , 1991. My commission expires: Notary ,Public ORANGE COUNTY By: Chair, Orange County Board of Commissioners ATTEST: (Official Seal) Clerk to the Board of Commissioners Page 5 6 7 e NORTH CAROLINA ORANGE COUNTY This the day of 19 , personally came before me _ who, being by me duly sworn, says that she knows the common seal of Orange County and is acquainted with , who is Chairman of the Board of Commissioners of Orange County, and that she, the said _ signed her name in attestation of the execution of said instrument in the presence of said Chairman of said Board of County Commissioners. Witness my hand and official seal, this the day of , 1991. Notary Public My commission expires: *Cancellation or termination clause which allows either party to get out of the lease within 90 days. vi El ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: 1990 -91 Audit Contract DEPARTMENT: Finance ATTACHMENT(S): Action Agenda Item No. PUBLIC HEARING YES: NO: Y INFORMATION CONTACT: Ken Chavious Ext 2453 Contract TELEPHONE NUMBER - Hillsborough - 733 -8181 Chapel Hill - 968 -4501 Mebane - 337 -3031 Durham -- 688 -7331 PURPOSE: To consider awarding a contract to develop the audit for the fiscal year ending June 30, 1991. I BACKGROUND: Local governments are required by G.S. 159 -34 to have an annual audit of their financial records by an independent auditor. The audit for 1990 was performed by Deloitte and Touche. In previous years the audit was performed by Touche Ross, which merged with firm of Deloitte, Haskins, and Sells in 1989 to form the firm of Deloitte & Touche. Both firms had excellent reputations in the past, and the quality of service provided to the county last year was not affected by the merger. The fees are also very competitive with other firms which perform audits of governments such as Orange County. The quality of work can be attested by the fact that the County's Annual Financial Statements have received national recognition from the Government Finance Officer's Association for the past several years. Deloitte & Touche's proposed contract amount for the Comprehensive Annual Financial Report and certification of tax levy is $30,500, an increase of $1,900 from 1989 -90. The fee for performance of the single audit of grant funds is $16,500, an increase of $3,600 from 1989 -90. The increase in costs for the single audit can be attributed to changes in audit requirements made by the State and Federal governments. These changes require the auditors to indivdually test more programs as well as do more compliance testing than in previous years. The majority of costs associated with the single audit are recouperated through indirect cost reimbursements received from State and Federal grantors. RECOMMENDATION(S): Approve contract for fiscal year 1990 -91 and authorize the Chairman to sign. Deloitte & buche May 7, 1991 The Board of County Commissioners Orange County, North Carolina Ladies and Gentlemen: 2000 Center Plaza Building P.Q, Box 2778 Raleigh, North Carolina 27602 -2778 Telephone: (919) 828 -0716 �61 ITT Telex: 4995716 Facsimile: (919) 833 -3276 We are pleased to serve as independent accountants and auditors for Orange County, North Carolina. Mr. Rex Price will be responsible for all services we perform for you. It will be the responsibility of Mr. Price to make sure that your management receives quality service. He will, as considered necessary, call upon other individuals with specialized knowledge, either in this office or elsewhere in our firm. While auditing and reporting on your annual financial statements is to be the recurring basic service we provide, we would also like to assist you on issues as they arise throughout the year. Hence, we hope you will call Mr. Price whenever you feel he can be of assistance. Audit of Financial Statements The purpose of our engagement to audit the County's financial statements for the year ending June 30, 1991, is to evaluate the fairness of presentation of the statements in conformity with generally accepted accounting principles, in all material respects. Our audit will be conducted in accordance with generally accepted auditing standards which involves obtaining an understanding of the internal control structure, including the control environment, the accounting system and the control procedures established by management. Based on our understanding, we will design our audit to provide reasonable assurance of detecting errors and irregularities that are material to the financial statements. The Board of County Commissioners Orange County, North Carolina Page Two May 7. 1991 However, because of the characteristics of irregularities, particularly those involving forgery and collusion, a properly designed and executed audit may not detect such items. Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute, assurance about the financial statements. An audit includes examin- ing, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting prin- ciples used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The objective of our audit is the expression of an opinion on the County's financial statements. Our ability to express that opinion, and the wording of our opinion, will, of course, be dependent on the facts and circumstances at the date of our report. If our auditors' report requires modification, the reasons therefore will be discussed with you prior to its issuance. Management's Responsibility We direct your attention to the fact that the financial statements are the responsibility of management. In this regard. management has the responsibi- lity for designing effective internal controls, for properly recording transactions in the accounting records, for making appropriate accounting estimates, for safeguarding assets, and for the overall accuracy of the financial statements. Other Communications Arising from the Audit In connection with the planning and the performance of our audit, generally accepted auditing standards require that we communicate certain matters to the Board of County Commissioners. We will communicate to the Board of County Commissioners, to the extent that they come to our attention, irregularities and illegal acts that are clearly not inconsequential, and reportable condi- tions. Reportable conditions are significant deficiencies in the design or operation of the internal control structure that could adversely affect the County's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. 3 We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of your operations or other recommenda- tions concerning the internal control structure. With respect to these other communications, it is our practice to discuss all comments, if appropriate, with the level of management responsible for the matters prior to their communication to senior management and /or the Board of County Commissioners. The Board of County Commissioners Orange County, North Carolina Page Three May 7, 1991 Assistance to be supplied by your personnel, including preparation of schedules and analyses of accounts, will be discussed with the appropriate personnel. Timely completion of this work will facilitate the conclusion of our audit. Other Services In addition, as part of our audit engagement, we will perform the following: a) an examination of the schedules of property taxes receivable and the related schedule of 1990 tax levy and collections for the year then ended, and b) a single audit in accordance with The Single Audit Act of 1984 and the State Single Audit Implementation Act. We are, of course, available to assist you in other areas that might arise. Fees Our fees are based on the amount of time required at various levels of responsibility, plus actual out —of— pocket expenses, payable upon presentation of our invoices. We estimate that our fees for this audit will be $47,000, including expenses. We will notify you immediately of any circumstances we encounter which could significantly affect our estimate. We appreciate this opportunity to serve you and trust that our association will be a long and pleasant one. Yours very truly, 4 LCC-205 (Rev. 1/111991) CONTRACT TO AUDIT ACCOUNTS File is Triplicate. of Orange County, North Carolina cova=cUtd Una: On this 29 day of Uuch 19_.91-.. J)g o rte & Touchf Auditor Post Office Box 2778 Raleigh, North Carolina 27602 -2778 M&Wng Addr= hereinafter referred to as Board of the Auditor, and Cot= C 10!$n$ =rS —of Orange Cam EMU EMU Umt hereinafter referred to as the Governmental Unit, agree as follows: 1. The Auditor shall examine all statements and disclosures required by generally accepted accounting principles and additional required legal statements and disclosures of all funds and /or divisions of the Governmental Unit for the period beginning JUly 1. , 19-9D. and ending JIMP 30 19_qL__ The combining, individual fund, and account group financial statements and schedules shall be subjected to the auditing procedures applied in the examina- tion of the combined financial statements and an opinion will be rendered in relation to the combined financial statements taken as a whole. The Audit will have no scope limitations except: 2. The Auditor shall conduct his examination and render his report in accordance with generally accepted auditing standards. The examination shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances, except as follows: (See Item 12.) 3. It is agreed that generally accepted auditing standards include a review of the Governmental Unit's system of internal con- trol and accounting as same relates to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor will make a written report, which may or may not be a part of the written report of audit, to the Governing Body setting forth his findings, together with his recommendations for improvement. All matters defined as "reportable conditions" in AU 325 of the AICPA Professional Standards will be communicated to the Governing Board in writing. The Auditor shall file a mpv of all reports with the Secretary of the Local Government Commission. 4. After completing his examination, the Auditor shall submit to the Governing Body a written report of audit. This report shall include, at least, the financial statements and notes thereto prepared in accordance with generally accepted account- ing principles, combining and supplementary information requested by the client or required for full disclosure under the law, and the auditor's opinion on the material presented. The Auditor shall furnish I copies of the report of audit to the Governing Body as soon as practical after the close of the accounting period. The Auditor shall file three conies of said revort of audit (1 copy if no single audit is required) with the Secretary of the Local_ Government Commission. 5. It is agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted by _OcrOber 31, 19 91 _ 6. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Body in writing of the need for such additional Investiga- tion and the additional compensation required therefor. Upon approval by the Secretary of the Local Government Com- mission, this agreement may be varied or changed to include the increased time and compensation as may be agreed upon by the Governing Body and the Auditor. 7. The Auditor shall perform a compliance examination for all federal and State financial assistance programs in accordance with the Single Audit Act of 1984 (Pub. L. No. 98 -502 and G.S. 159 -34). The Auditor will file three copies of all reports required under the Federal and State Single Audit Acts with the Secretary of the Local Government Commission: (This includes the report required in Item 3.) (See Items 15 and 18.) 8. In consideration of the satisfactory performance of the provisions of this agreement, the Governmental Unit shall pay to the Auditor, upon approval by the Secretary of the Local Government Commission, it fee which includes any cost the Auditor may incur from work paper reviews by third parties (Federal and /or State a ncies as uired under the Fed ral and State Single Audit Acts: CAFR and Certification of Tax Levy ,3.0, S�0; Single Audit o£ Grit Funds $16,500 9. All local government and public authority contracts for annual or special audits, financial statement preparation, finance- related investigations, or any audit - related work in the State of North Carolina require the approval of the Secretary of the Local Government Commission. Invoices for services rendered under these contracts shall not be paid by the govern- mental unit until the invoice has been approved by the Secretary of the Local Government Commission. (This also includes any progress billings.) All invoices should be submitted in triplicate to the Secretary of the Local Government Commission. The original and one copy will be returned to the auditor. Approval is not required on contracts and invoices for system improvements and similar services of a non - auditing nature. 10. The contract should be executed and submitted in triplicate to the Secretary of the Local Government Commission, 325 North Salisbury Street, Raleigh, North Carolina 27603.1388. 11. Upon approval, the original contract will be returned to the Governmental Unit, a copy will be forwarded to the Auditor, and a copy retained by the Secretary of the Local Government Commission. The audit should not be started before the contract is approved. 12. This contract contemplates an unqualified opinion being rendered. Any limitations or restrictions in scope which would lead to a qualification should be fully explained in an attachment to this contract. Contracts with such limitations will not be approved unless satisfactory explanation is made. 13. If an approved contract needs to be varied or changed, the change must be reduced to writing, signed by both parties, and submitted to the Secretary of the Local Government Commission for approval. No change shall be effective unless approved by the Secretary of the Local Government Commission, the Governing Board, and the Auditor. 14. A separate contract should not be made for each division to be audited or report to be submitted. The scope of the audit and the fee for the audit should be clearly stated. Stated fees include any cost the Auditor may incur from work paper or pea reviews or any other quality assurance program required by third parties (federal and State agencies or other organizations). 15. Three copies (one copy for units not having a single audit) of the report of audit and any other written report by the Auditor shall be filed with the Secretary of the Local Government Commission when (or prior to) submitting the invoice for the services rendered no later than four months after the close of the fiscal year (for fiscal years ending June 30 this would be October 31). The report of audit, as filed with the Secretary of the Local Government Commission, becomes a matter of public record for inspection and review in the offices of the Secretary by any interested parties. These reports are used in the preparation of Official Statements for debt offerings as well as by municipal bond rating services. 16. There are no special provisions except: See engagement letter attached. 17. Whenever the Auditor uses an engagement letter with the client, Item 16 should be completed by referencing the engage. ment letter and attaching a copy of the engagement letter to the contract to inoorporate the engagement letter into the contract. In case of conflict between the terms of the engagement letter and the terms of this contract, the terms of this contract will control. Engagement letter terms are deemed to be void unless the conflicting tams of this contract are specifically deleted in Item 21 of this contract. 18.. A Governmental Unit not having a single audit on federal and State funds would list Item 7 in Item 21 of the contract as being a deleted provision. An explanation must be given in Item 21 for any Governmental Unit not receiving a single audit on federal and State funds (e.g., a single audit is not required under the Federal and State Single Audit Acts and is not being performed). 19. If this audit engagement is subject to the standards for audit as defined in the Government Auditing Standards, issued by the Comptroller General of the United States, then the Auditor warrants by accepting this engagement that he/she will meet the requirements for an external quality control review specified in the Government Auditiniz Standards. Copies of any written communications that are a result of an external quality control review will be made available to the Secretary of the Local Government Commission upon his request. 20. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the Local Govern- ment Commission. 21. All of the above paragraphs are understood and shall apply to this agreement, except the following numbered paragraphs shall be deleted: (See Items 17 and 18.) ' By Rem Rz� ;g, Pa3:=12r,,_� /7 . , (Pl y'°f nT or print) I (Signature) - -- Approved by the Secretary of the Local Government Commission as provided in Article 3, Chapter 159 of the General Statutes or Article 31, Part 3, Chapter 115C of the General Statutes. For the Secretary. Local Government Cammisdoa (Signature) Date Orange CcyLmty, North Carolina Governmental unit By (per type or print name aw EEO (Signature of mayor or CAairpasnu of governing board) This instrument has been preaudited in the manner re- quired by The Local Government Budget and Fucal Con. trol Act or by The School Budget and Fiscal Control Act. Governmental unit Finance officer (please type or print) (Slgaahue) Date 6 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. '= -Z) ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 21, 1991 SUBJECT: GOVERNMENT SERVICES CENTER; CHANGE IN CONTRACT AMOUNT FOR ARCHITECT DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 Telephone Number - Hillsborough - 732 -8181 Chapel Hill -967 -9251 Mebane -227 -2031 Durham -688 -7331 PURPOSE: To consider approving additional architect fees for the Government Services Center. BACKGROUND: As the Board may recall, at the time final plans were approved for the Government Services Building and the response to the Hillsborough Historic District Commission was considered we indicated that there would be some re-- design work required. we are pleased to announce that Hakan /Corley has offered to do the re- design work at cost, for a sum of $4,300; the original estimate was $7,000. It is anticipated that the additional cost will be funded through the reserve for contingency within the project. It may be of interest for you to know that bids for this project will be received at 3:00 p.m., June 6, 1991. RECOMMENDATION: Approve an additional $4,300 to Hakan /Corley & Associates for fees related to re- design work. I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda , ACTION AGENDA ITEM ABSTRACT Item No . _TV -/� Meeting Date: May 21, 1991 SUBJECT: Project KIDS Recognition DEPARTMENT: PUBLIC HEARING: yes X No Child Support Enforcement ATTACHMENT(s): PROJECT KIDS INFORMATION PURPOSE: INFORMATION CONTACT: Janet Sparks ext. 2175 TELEPHONE NUMBER: HILLSBOROUGH - 732 -8181 CHAPEL HILL - 968 -4501 MEBANE - 227 -2031 DURHAM - 688 -7331 To recognize the Clerk of Court, Sheriff's Department, District Court Judges and the Child Support Enforcement Department who recently were presented with achievement awards by the North Carolina Child Support Council BACKGROUND: Project KIDS was an inter - agency effort spearheaded by the county's Child Support Enforcement Department. It ended on September 17, 1990, when 350 child support cases were brought to court. Two State agencies - Clerk of Court and District Court Judges; and, two county agencies - Sheriff and Child Support Enforcement, worked together closely over several months to focus community attention on child support. The child support division of the Clerk of Court and the Child Support Enforcement office worked together to identify all cases with arrearage and to resolve those cases before court action was begun. Chief District Court Judge Patricia Hunt committed additional courtroom and judges time to this project. Sheriff Lindy Pendergrass and his staff committed extra week -end hours to serve Defendants with the orders to appear in court. This State /county coordination resulted in child support collections which increased 17% in August, 1990 (over 8/89) and 28% in September, 1990 (over 9/89). Over $17,000 was collected on the court day of September 17th. RECOMMENDATION(S): The Chair recognize the Clerk of Court, Sheriff's Department, District Court Judges and Child support Enforcement. P: Project KIDS (Kids beserve Support) has won another award'. On April 4, 1991, the North Carolina Child Support Council's Board of Directors presented achievement awards to the: Child Supoor; Enforcement office,. Sheriff. Clerk of Court and District Court Judges of Orange County. (The North Carolina Department of Human Resources previously recognized PnQie�t KiDS by the presentation of the Department's first child support achievement award in October, 1990.) The North Carolina Child Support Council is a ion - profit organization. It is made up of 500 child support professionals (Judges, Clerks, Sheriffs, attorneys, child support officers) committed to making is easier for children to receive the support-to which they are entitled. These Orange County agencies were each presented an achi.evemeot award at the Council's eight annual training nonferenco. Project KiDS was a two month undertaking in which the Child Support Division of the Clerk of Superior Court and the Orange Co. Child Support Enforcement office worked together to bring over 350 child support cases to court an September 17, 1990. This was the first time a project of this nature had been undertaken in North Carolina. Phase I of Project KIDS began August 6, 1990 and was announced by public-service announcements, advertisements and news stories. The public was asked to call in any information they had about someone who was not paying child support. Phase II began August 20th as an "amnesty" week. Parents who were behind in their child support payments were encouraged to contact the Clerk or Child Support department I nd make arrangements to bring their accounts current. Those who came in avoided having their case taken to court. In Phase III, the Orange County Sheriff's Department assigned deputies to make an exerted effort to serve the remaining delinquent parents with orders to appear in court. Over 66% of those orders were served on Saturday, August 25th anti Sunday, August 26th. 3 Phase IV was the court hearings. Chief District Court .judge Patricia Hunt began hearing cases at 9 A.M. on September 17. In the afternoon, judge Stanley Peele joined judge Hunt in hearing cases. By 5:00 P.M. 150 hearings had been held. More than $1?.000 child support was collected during the hearings on September 17th. Collections for august, 1 ?90 , were 17% higher than for August, 1989; and collections for September, 1990, were Wn higher than the previous year ($195,353.09 to $153,030.01). The Child Support Council's awards recognized the high level of inter- agency cooperation that exists in Orange County and the County's commitment to children. i I.4k M O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: Resolutions of Aporeciation DEPARTMENT: Countv Manager ATTACHMENT(S): (1) Resolutions of Appreciation for Roderick Visser and Bobby Inman Action Agenda Item # .. PUBLIC HEARING: Yes X No INFORMATION CONTACT: John M. Link, Jr. TELEPHONE NUMBERS (2) Announcement for Welcome Home Hillsborough - 732 -8181 Salute on May 31 Durham - 688 -7331 Mebane - 227 -2031 Chapel $ill- 967- 9251/968 -4501 PURPOSE: To show appreciation and support to Roderick Visser and Bobby Inman, County employees who served our country during Operation Desert Storm, and to recognize and show appreciation to Orange County residents who served during the. Persian Gulf war. BACKGROUND: A Welcome Home Salute is planned for Rod Visser and Bobby Inman on May 31. All county employees are invited to attend this lunchtime event. We plan to present Rod Visser and Bobby Inman each with a Resolution of Appreciation at this time. County staff members are currently collecting names of all Orange County residents who served during Operation Desert Storm. Plans will be made to recognize and honor these individuals with Resolutions of Appreciation in the near future. RECOMMENDATION: Adopt and sign the Resolutions of Appreciation for Roderick Visser and Bobby Inman. 1 2 A RESOLUTION OF APPRECIATION FOR RODERICK VISSER WHEREAS, Roderick Visser is an Orange County resident and employed by Orange County as Assistant County Manager, and WHEREAS, Roderick Visser is a Major in the United States Army assigned to the 422nd Civil Affairs Company in Greensboro, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Roderick Visser faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from December 11, 1990 through May 9, 1991 and WHEREAS, Roderick Visser has safely returned to his home and work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Roderick Visser for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. ADOPTED this 21st day of May, 1991. Moses Carey, Chair Stephen Halkiotis, Vice -Chair Alice Gordon Verla Insko Donald willhoit RESOLUTION OF APPRECIATION FOR BOBBY INMAN WHEREAS, Bobby Inman is employed by Orange County as Motor Pool Supervisor in the Public Works Department, and WHEREAS, Bobby Inman is a Sergeant 1st Class in the United States Army assigned to the HHC 171st Support Group in Garner, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Bobby Inman faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from September 12, 1990 through March 25,1991, and WHEREAS, Bobby Inman has safely returned home and to his work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Bobby Inman for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. ADOPTED this 21st Day of May, 1991. Moses Carey, Chair Stephen Halkiotis, Vice -Chair Alice Gordon Verla Insko Donald Willhoit 3 4 ill County- employees are invited to a come Home Salute in honor of Rod Visser &Bobby Inman WHET: Friday, May 1, 1991 On Your Lunch Hour anytime between 11:30 and 2.4.,00 WHERE: Recreation and Parks Activity Area I * Sign up with your Department Head by May 24 * Hot Dogs, Hamburgers, Drinks and Dessert provided for all 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda` � Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: PROPERTY ACQUISITION; SOUTHERN HUMAN SERVICES BUILDING DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: XX NO: - '�- ^�____ -__.. ATTACHMENT(S); INFORMATION CONTACT: PAM JONES EXT 2650 Map showing site location Telephone Number - Resolution Hillsborough -732 -8181 Offer to Purchase and Contract Chapel Hill - 967 -8251 Mebane - 227 -2031 Durham -688- 7331 PURPOSE: To hold a public hearing and thereafter to consider the purchase of the property for the Southern Human Services Building, Chapel Hill. BACKGROUND: Following extensive investigation of various suitable locations for the Southern Human Services Building, the Commissioners' endorsed a site which is located off of Airport Road on Homestead Road in Chapel Hill. The owner, Mr. Vinton Hoyle, Jr., will sell the 34.10 acres for $852,500, a price negotiated based on $25,000 per acre. This per acre cost is less than the comparable properties appraisal range of $26,500 - $37,500 per acre. The County will pay $550,000 at the time of closing and will finance the remaining balance through Mr. Hoyle for 59 months at a 7% interest rate. This will yield a total cost of the property, including interest, of $908,189. Following authorization by the Board to purchase this property, the Southern Human Services Planning Committee will be formally convened and the planning process begun for the new facility. RECOMMENDATION (S): Approve the Resolution attached and an offer to purchase and contract for the purchase by Orange County of 34.10 acres owned by Mr. Vinton Hoyle, Jr., for a sum of $852,500 to be financed in the manner heretofore described. Authorize the County Attorney to handle the appropriate paperwork on behalf of the Board of Commissioners and authorize the Board Chairman and the Clerk to the Board to execute all documents on behalf of the County necessary to this transaction. .�,..r�► j�� LO 4 7 1 W LL it h _ I _ , s � li Y �• !/ -ter- Z- _ t � � -�� iI � II II Sil � Iln 9: ' S ��' • � I I 13�'I11� f • � I I O 31 s �i i � � 1 t . 2 r cc co x ��III S g � 3 ssa�i a == '� II -OY NIY7AA ��'•� - � d F3uu u'i yl�: w:���y ' X O ~ - - -- -- � 'I • �' ar I;r ® II I I 1 lwwzn ISO °. CAP A 04 x � ilaR� 6 3 EXTRACT FROM MINUTES OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE, NORTH CAROLINA The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Old Post Office, 179 East Franklin Street, Chapel Hill, North Carolina at 7:30 o'clock P.M. on May 21, 1991. Present: Commissioners: Absent: Commissioners: Also Present: stated that Orange County (the "County ") was actively considering the purchase of an approximately 34.10 acre tract of real property on the south side of Homestead Road, west of North Carolina Highway 86 in Chapel Hill, North Carolina presently owned by Vinton A. Hoyle, Jr. and - wi €e - -, Martha G. Hoyle (the "Property "). A proposed contract for the purchase of the Property (the "Contract ") has been negotiated on behalf of the County and presented to this meeting. Geoffrey E. Gledhill, County Attorney, advised the Board that the Contract involved the payment of a portion of the.purchase price in a series of payments as authorized by North Carolina General Statutes Section 160A -20 and that before entering into an installment purchase contract involving real property, the statute required the County to hold a public hearing on the Contract. He advised the Board that a Notice of Public Hearing had been published in the on May , 1991 (the "Notice ") designating this meeting as the date, time and place for such public hearing on the Contract. Commissioner moved that the Board ratify the publication of the Notice and designate this meeting as a public hearing on the Contract. The motion was seconded by Commissioner and was unanimously adopted. At o'clock, _.M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the Contract and the purchase of the Property on an installment basis. The presiding officer then recognized such persons if any, who appeared either in person or by attorney, to be heard on the r� question of the advisability of the Contract and the purchase of the Property on an installment basis. The Clerk of the Board of Commissioners reported that no written comment about the Contract and the purchase of the Property on an installment basis had been received. The names and addresses of the persons who were present and summaries of their comments are as follows: After the Boar heard, Commissioner closed and that the motion was seconded unanimously adopted. Board had heard all persons who moved that the Board proceed to consider by Commissioner requested to be public hearing be the Contract. The and was =i reviewed for the Board the plans for a financing pursuant to G.S. 150A -20 of certain costs relating to acquisition of the Property, involving the payment of approximately $302,500 in 19 equal quarterly installments with interest at the rate of seven percent per annum, with the unpaid purchase price secured by a lien on the Property. then presented to the Board the proposed forms of the following documents, all of which are more specifically described in the resolution proposed for consideration by the Board: A. Offer to Purchase and Contract. B. Promissory Note. C. Deed of Trust. The documents presented were delivered to the Clerk to the Board and directed to be marked exhibits and made a part of the permanent records of the Board. introduced the following Resolution, a copy of which had been provided to each Commissioner and the title of which was read aloud: RESOLUTION AUTHORIZING ORANGE COUNTY TO PURCHASE ON AN INSTALLMENT PURCHASE BASIS AN APPROXIMATELY 34.10 ACRE TRACT OF REAL PROPERTY OWNED BY VINTON A. HOYLE, JR. AND WIFE MARTHA G. HOYLE TO BE SECURED BY A LIEN ON THE REAL PROPERTY; TO EXECUTE AND PERFORM AN OFFER TO PURCHASE AND CONTRACT, A PROMISSORY NOTE AND A DEED OF 2 T n A TRUST; TO COVENANT, WARRANT AND REPRESENT ITS COMPLIANCE WITH CERTAIN TAX COVENANTS RELATING TO THE FINANCING; AND TO EXECUTE, DELIVER OR ACKNOWLEDGE ANY OTHER DOCUMENTS NECESSARY TO EFFECT THE ACQUISITION OF THE REAL PROPERTY AND THE TRANSACTIONS CONTEMPLATED BY THE OFFER TO PURCHASE AND CONTRACT, THE PROMISSORY NOTE AND THE ,DEED OF TRUST. WHEREAS, this Board has been presented with an Offer to Purchase and Contract (the "Contract ") to acquire on behalf of Orange County (the "County ") an approximately 34.10 acre tract of real property owned by Vinton A. Hoyle, Jr. and wife Martha G. Hoyle (the "Property "); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange as follows: Section 1. The Board of Commissioners hereby determines. that the acquisition of the Property by the County pursuant to the terms of the Contract is in the best interest of the County. Section 2. This Board hereby approves the purchase of the Property at a purchase price of $852,500, payable approximately $550,000 at closing and with the balance to be paid in 19 quarterly installments with interest at a rate of seven percent per annum and with the unpaid purchase price evidenced by the County's promissory note (the "Promissory Note ") and secured by a Deed of Trust to a trustee named therein (the "Deed of Trust "). Section 3. The Contract, the Promissory Note and the Deed of Trust, in substantially the forms presented, and the performance by the County of its obligations thereunder, are hereby approved, and the Chairman or the Vice Chairman of the Board of Commissioners is hereby authorized and directed to execute and deliver, and the Clerk to the Board of Commissioners is hereby authorized and directed to attest and acknowledge, as the case may be, the Contract, the Promissory Note and the Deed of Trust substantially in such forms with such necessary and appropriate variations, omissions and insertions as may be approved by the persons signing on behalf of the County, their execution and delivery thereof constituting conclusive evidence of any such variations, omissions and insertions. All of the provisions of the Contract, the Promissory Note and the Deed of Trust shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim and shall be in full force and effect as provided therein upon the execution and delivery thereof. Section 4. The Chairman or the Vice Chairman is hereby authorized and directed to execute and deliver for and on behalf of the County, and the Clerk to the Board of Commissioners is hereby authorized and directed to attest and acknowledge, as the case may be, any and all financing statements, certificates, �3 9 6 documents or other papers, and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this Resolution and the matters herein. Section 5. The County recognizes that the sellers of the Property will be relying on the understanding that interest under the Promissory Note is excludable from gross income for federal (and State of North Carolina) income tax purposes. Hence, for the purpose of complying with the requirements of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended or any corresponding provisions of succeeding law, as applicable to the Promissory Note (the "Code "), and the applicable temporary, proposed and final regulations and procedures related thereto (the "Regulations ") with respect to the tax - exempt status of interest on the Promissory Note, the County hereby represents and covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income for federal (or State of North Carolina) income tax purposes of the interest under the Promissory Note and, without limiting the generality of the foregoing, specifically represents and covenants as follows: (1) Unless the County complies with paragraph (3) below, the County will not permit the following amount to exceed 10 percent of the proceeds of the indebtedness under the Promissory Note (reflected in the Property being financed): the proceeds under the Promissory Note to be used, directly or indirectly, in the trade or business of any person (other than use as a member of the general public) other than a governmental unit ( "private -use proceeds "). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, means any activity other than an activity carried on by a governmental unit. For purposes of this Section, the term "governmental unit" does not include the United States or any agency or instrumentality thereof. For purposes of this Section, the term "use" may include, among other things, actual or beneficial use pursuant to a lease, a management contract or an arrangement such as a take -or -pay or output contract. (2) Unless the County complies with paragraph (3) below, the County will not permit the sum of the following amounts to exceed 5 percent of the proceeds of the indebtedness under the Promissory Note: (i) the private - use proceeds under the Promissory Note to be used, directly or indirectly, in a use which is not related to the governmental use of the proceeds of the indebtedness under the Promissory Note and (ii) the private --use proceeds of the 4 7 indebtedness under the Promissory Note to be used, directly or indirectly, in a use which is related to the governmental use of the proceeds, to the extent such private -use proceeds exceed the proceeds to be used for the governmental use to which such private -use proceeds relate. (3) Unless the County complies with paragraphs (1) and (2) above, the County will not permit the indebtedness under the Promissory Note to the Tocthatyend,pamongt test of Section 141(b)(2) of other things, the County will not permit the present value of the payments taken into account under paragraph (a)(3) of I.R.S. Notice 87 -69 (including, e.g., payments by a person to be made for any private use of property financed with proceeds of the indebtedness under the Promissory Note to the extent allocable to the payment of debt service on the portion of such proceeds used to finance such property) to exceed 10 percent (5 percent, in the case of combined unrelated private -use proceeds and disproportionate related private -use proceeds as described in paragraph (2) above) of the present value of the debt service (as defined in paragraph (a)(2)(ii) of I.R.S. Notice 87 -69) over the term of the Promissory Note. (4) The County will monitor or cause to be monitored the yield on the investment of any moneys pledged to the payment of the obligations under the Promissory Note and any other funds replaced directly or indirectly by the proceeds of the indebtedness under the Promissory Note, and will restrict or -.ause to be restricted the yield on such investments the extent required by the Code or the Regulations. (5) The County will take or cause to be taken all necessary steps to comply with the requirement that "rebatable arbitrage," if any, from the investment of the gross proceeds relating to the Promissory Note (including such moneys, if any, as are described in the preceding paragraph) be paid to the United States. Specifically, the County will (or will cause another to) (i) maintain records regarding the investment of the gross proceeds relating to the Promissory Note as may be required to calculate such "rebatable arbitrage" separately from records of amounts on deposit in the funds and accounts of the County which are allocable to other obligations of the County or moneys which do not represent gross proceeds of any obligations of the County, (ii) calculate, periodically to the extent required to comply with applicable Regulations, the amount of "rebatable arbitrage, if any, earned from the investment of the gross proceeds relating to the Promissory Note, and (iii) pay, not less often than once every five years and not later than 60 days after the day on which the last of the principal under the Promissory Note is paid at maturity or 5 E:l redeemed, all "rebatable arbitrage" required to be paid to the United States. Further, to the extent required by future Regulations, such "rebatable arbitrage" may result from or be increased by certain imputed receipts (i.e., any amount otherwise payable to the United States pursuant to the foregoing requirements that is directly or indirectly paid to any person other than the United States by any investment arrangement entered into by the County). (6) The County will cause the Promissory Note not to be treated as a "federally guaranteed" obligation within the meaning of Section 149(b) of the Code. (7) The County will cause the Promissory Note to be maintained in "registered form" within the meaning of Section 149(x) of the Code. (8) The County will timely file with the Secretary of the Treasury an information statement with respect to the Promissory Note as required by Section 149(e) of the Code. (9) The County reasonably anticipates that the aggregate amount of tax - exempt obligations (not counting private activity bonds except qualified 501(c)(3) bonds) that have been issued and will be issued during the calendar year 1991 by the County, all entities that issue obligations on behalf of the County, all subordinate entities to the County and all entities formed (or, to the extent provided by the Secretary of the Treasury, availed of) to avoid the purposes of the $10,000,000 limitation of Section 265(b)(3) of the Code will not exceed $10,000,000 (as provided in Section 265(b)(3) of the Code). The County hereby designates the Promissory Note as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code. The County and all such other entities have not and will not designate more than $10,000,000 of obligations issued during the calendar year 1991 by the County or any such other entity as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code. In complying with the foregoing covenants, the County may rely from time to time upon an opinion of its special counsel for the transaction, its bond counsel or other nationally recognized bond counsel to the effect that any action by the County in reliance upon any interpretation of the Code or the Regulations contained in such opinion will not cause interest under the Promissory Note to be includable in gross income for federal income tax purposes or otherwise adversely affect the exemption of such interest from federal income taxation. In addition, the County shall not be required to comply with any requirement or requirements of any of the covenants in this paragraph if the County shall receive an opinion of such counsel to the C: effect that failure to comply with such requirement or requirements will not cause the interest under the Promissory Note to be includable in gross income for federal income tax purposes or otherwise adversely affect the exemption of such interest from federal income taxation. Section 6. This Resolution shall take effect immediately upon its passage. commissioner moved passage of the immediately foregoing Resolution, and commissioner seconded the motion, and the Resolution was passed by the following vote: Ayes: commissioners: Nos: VA I STATE OF NORTH CAROLINA ) ss.. COUNTY OF ORANGE ) I, , Clerk of the Board of Commissioners of the County of Orange, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of Orange (the "Board "), a county of the State of North Carolina, was duly held on May 21, 1991, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of such meeting have been duly recorded in the.Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2. I have caused proper Notice of the Public Hearing portion of such meeting to be published at least ten days prior to such meeting. 3. I have compared the attached extract with the minutes so recorded and the extract is a true copy of the minutes and of the whole thereof insofar as the minutes relate to matters referred to in such extract. 4. The minutes correctly state the time when -the meeting was convened and the place where such meeting was held and the members of the Board who,attended the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the County, this day of May, 1991. (SEAL) Clerk, Board of Commissioners of Orange County, North Carolina 8 10 ' OFFER TO PURCHASE AND CONTRACT 11 unty hereby offer to purchase and V as Buyer, -and wite,Martha i Hoyle upon aeeepwnce of said Offer. a as Seller, Agrees to sell and ronvry, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such personal Property as is listed below (the real and personal property, are collectively referred to as "the Property'•), in acrordartce with the Standard Provisions olhQQe WREy�VERSE SIDE HEREOF and upon the following terms and conditions: I. REAL PROPERTY; Located in she (BSS oT State of North Carolina, being known as and more particularly described as: County of _ grange Street Address Homestead Road a i a. Legal Description 3 4. 1 a e zip 2 _7516 2• PERSONAL PROPERTY: S. PURCHASE PRICE: The purchase price o f 5 2 0 (a) _ -- and shall he paid ae fellows: .in earnest money paid by with the delivery of this contract, w be held in escrow by (cash; bank. certified, or personal check) until the sale is closed, at which time it will be ye . as agent. disbursed in accordance with the Standard Provlsinnsront the REVERSE SIDE EHEREOF; tract is otherwise terminated and it is (b) i by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of crust 3 0 2 5 0 0 .0 0 on the Property. by a promissory note secured b a purchase money 7 Y I"+ cY decd of trust on the Properly with intcrrst Prue to drfauh at the rate of % per annum payable u follows: 1 ua t r d C1 b V +t � Prepayment restrictions and/or penalties, if any, shall be: . Assumption or transfer rights, if any, shall be: (d)= 550-- Oehreeane�tlPn +rperelru�e'irrkriwcashatcl —ing. 4• CONDITIONS: (State N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract -) (a) The Buyer must be able to obtain a firm commitment on or before N / A 'fora , effective through the date of closing, loan in o the principal amount off ^�j•/�..A for a tens of �� — rate n« ro eaceed _�,/ n % per annum, with m «tgage loan discount points n« to exceed scarfs), at an interest efforts to secure such commitment and to advise Seller immediately u P � % of the loan amount. Buyer agrees to use his best are as follows: Y Pon receipt of the lenders decision. If Seller is to pay any loan closing costs, Ehose costs (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph S(b) above for the remainder of t loan term, at an interest rate not to exceed , N Z A % per annum fixed (or describe type of loan) he with mortgage loan assumption and /or discount points not to exceed ,.kLfyA— 9ry of the Ivan balance, (Sec Standard Provision No. 2). If such aswmption requires the lender i approval, approval must be granted on or before secure such approval And to advise Seller immediately upon his receipt of the lender's decision- If Seller is to pay any loan empc on cosn� hose costs are as follows: N/A (c) There must be no restriction, easement, coring or Other go errunental regulation that would prevent the reasonable usc of the real property for S, ASSEvementson Seller warrants that there are no Special assessments, either pending or confirmed• for sidewalk, paving, water, psewer r ocher improvements on or adjoining the Property, except as follows: —�!� for payment or proration of an (Insert "None" or the identification of such assessments, if any. The agreement 6. OTHER PROVISIONS AND CONDMONS: w sct forth in paragraph 6 below.) (a) All of the Standard Provisions on the REVERS$ SIDE HEREOF are understood and shall appl to this instnmsvnt, except the following numbered Standard Provisions shall be deleted: (If none are to be deleted. state "None­.) 1 2 $ j revised to read: Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing; any deferred taxes shall be Paid at closing by Seller; (b) "As awn as possible" in Paragraph 7 shall be deemed to mean when Sellers can furnish Buyer with estate closing letters from the internal Revenue Service and the N.C. Dept, of Revenu (c) Martha G. Hoyle joins in the execution of this contract to bind herself to convey any marital interest she might have in the real property and for no other purposes. IF TFIERE ARE ANY ADDENDA TO 1111S CON'1- RACI•, INDICATE ABOVE AND A•ITACH I IERETO. 7. CI.46ING: All panes agree to execute an a before Y and all d papers necessary in connection with closing and trartafer of title on or ( 6 � emplace des/ The deed is to be made to Oran a Count North designated - g. POSSESSION: Perepion shall be delivered In the event that Buyer has agreed that possession is not delivered at closing. then Seller a and including the date of closing to and including the date that agrees to Pay to Buyer the sum of S per day from 9. COUNTERPARTS; Possession is ro be dclivcrcd as above sot forth. This offer shall becutrse a binding contract when stgncd by both Buyer and Seller. It is to be signed in 4' Ili counterpart& with a signed Counterpart being retained by each party hereto and the escrow agent, if any. f Date of Offer; Date of Ae Buyer e - - -_ /SEAL) Seller Buyer , SEAL) __,(SY.AI,) Seller 1 hereby ac ►nowkdge receipt of the carteot money herein set forth and agree to hold and disburse the same in accordance woes the terms hereof, SEAL) Firm Date disburse By: Name ofSelhng Agent/Firm Name of Listing Agent /Finn N.C. Bar ASSOC. Form Net 2. ® 1987. This Standard Form has 6sen Approved jo, tly by the: P"'� by apsarne r .+dr ee NC S. Astac• — wt&. NORTH CAROLINA BAR ASSOCIATION Writes VAlaaras a [e, Inc. • as IV . 1!l —flip. NC 2M55 NORTH CAROLINA ASSOCIATION OF REALTORSr • INC- STANDARD PROVISIONS 1. EARNEST MONEY:. In the event this offer is not accepted. or in the event that any of the conditions hereto are not satisfied, or in the event of a breach of this contract by Seller, then the earnest money shall be returned to Buyer, but such return shall not affect any other rcneedics available to Buyer for sorh breach. In the cvi•rtt this urfe•r is arre•pted :end Buyer breaches this contract, then the• earnest looney 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 broker. the brnkcr is required by state law to retain said earnest money in his trust or escrow account until he has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. 2. LOAN ASSUMED:.In the event a loan is assumed as part of the payment of the purchase price, then all payments due from Seller thereon must be current at clrsing, and the principal balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to reflect the final computations. Unless Buyer has otherwise specifically agreed in writing, the existing loan must be assumable without either acceleration of the amount secured or any change in the original terms of the note and deed of trust. Buyer shall be responsible for all loan assumption costs. Seller shall have no obligation to pay any loan assumption costs unless specifically set forth in this contract. Tht• escrow :account, if any, shall be purchased by Buyer. S. PROMISSORY NOTE AND DEED OF TRUST: In the event a promissory note secured by a decd of trust is given by Buyer tar Seller as part 61' tlu• payment of the purchase price, the promissory note and deY•d of trust shall be in the form of and contain the provisions or the currently approved N. C. Bar Association Forms i and 5, as mo lined in paragraph 3(c) on the reverse side hereof. 4. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at closing. (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by Seller; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any, for the Property shall be prorated to the date of closing: (c) Aterued, but unpaid interest and other Charges to Seller, if any, shall be computed to the date of closing and paid by Seller. Interest and other charges prepaid by Seller shall be credited to Seller at closing and paid by Buyer. (Other charges may include FHA mortgage insurance premiums. private mortgage insurance premiums and homeowner's association dues.) 5. FIRE AND OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller, 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted. (h) All dve(Le or tnest, liens and other rhargt� against the Property, not assumed by Buyer, must be paid and cancelled by Seller prior to or at closing. (c) Tide must be delivered at closing by general warranty deed Anil roue be I'm simply roarkotalrk: title. free of all encumbrances except ad valorem taxes for the current year (prorated to the date of closing), utility easements and unviolated restrictive covenants that do not materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 7. NEW LOAN: Buyer shall be responsible for all costs with respect to any new loan obtained by Buyer. Seller shall have no obligation to pay any discount fee or other charge in connection therewith unless specifically see forth in this contract. 6. INSPECTIONS: .Unless otherwise stated herein: (i) the electrical, plumbing, heating and cooling systems, and built-in appliances, if any, shall be in good working order at closing; (ii) the roof, gutters. structural components, foundation, fireplaces) and chimney(s) shall be performing the function for which intended and shall not be in need of immediate repair: (iii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting' the structure(s); and (iv) the well /water and septic /sewer systems, if any, shall be adequate. not in need of immediate repair and performing the function for which intended. Buyer shall have the option to have the above listed systems, items and conditions inspected by a reputable inspector or contractor, at Buyer's expense (unless otherwise provided in this contract), but such inspections must be completed in sufficient time before closing to permit any repairs to be completed by closing. If any repairs are necessary, Seller shall have the option' of (a) completing them, (b) providing for their completion, or (c) refusing to complete them. If Seller elcees not m complete or provide for the completion of tits repairs, then Buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contract, in which case the earnest money shall be refunded. Closing shall constitute acceptance of each of the systems. items and conditions listed in (i), (ii), (iii) and (iv) above in its then existing condition unless provision is otherwise made in writing. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY T14E COST OF ANY WELL /WATER AND SEPTIC /SEWER SYSTEM INSPECTION. RECOMMENDATION: Buyer should have any inspections made prior to incurring exprruos for closing. 7. WOOD - DESTROYING INSECTS: Unless otherwise stated herein Buyer shall have the option of obtaining, at Buyer's •expense, a report from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pat Control Committee, stating that there was no visible evidence of wood destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time befote closing so as to permit treatment, if any, and repairs. if any, to be completed prior to closing. All treatment required shall be paid for by Seller and completed prior to closing, units otherwise agreed upon in writing by the parties. If any structural repairs are necessary, Seller shall have the option. of (a) completing them, (h) providing for their completion, or (c) refusing to complete them. If Seller elects not to complete or provide for the completion of structural repairs, then Buyer shall have the Option of (d) accepting the Property in its present condition, or (c) terminating this contract, in which case the earnest money shall be refunded. The Buyer is advised -that the inspection and report described in this paragraph may not always reveal either structural damage or damage caused by agents or organisms other than wood•ciestroying insects. If new construction, Seller shall provide a new construction termite guarantee. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY THE COST OF THE WOOD• DESTROI ING INSECT REPORT. 10. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in a tank on the Property at the prevailing rate, With the cost of measurement thereof, if 'any, being paid by Seller. 12. CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. 13. EVIDENCE OF TITLE; Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably passible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. 14. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 15. PARTIES: This contract shall be binding upon and shall inure. to the bereft of the parties and their heirs. successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the Property: This contract contains the entire agreement of the patties and there are no representations, inducements or other provisions other than thou expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR6 or broker and Seller as contained in any listing contract or other agreement between them. N.C. Bar Form NO, Z, 0 1967, IwCo .. 321- t 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.—V- U,- A ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: JTPA Training Programs - FY 1991 -92 DEPARTMENT: - County - Manager PUBLIC HEARING YES: NO: X -------------------------------- ---------------------------------- ATTACHMENT(S): Report INFORMATION CONTACT: County Manager TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To review the Job Training Partnership Act Training Programs and funding for Fiscal Year 1991 -92. BACKGROUND: On April 8, 1991 the Rural Service Delivery Area - Private Industry Council approved training programs for the upcoming fiscal year. For Orange County the PIC approved Pre - Employment Skills Training /Dropout Prevention, Institutionalized Offenders Project, and the Summer Youth Program. The OJT program was replaced by the Individual Referral /OJT program. County PIC Members will be present to comment and answer questions. RECOMNENDATION(S): Receive as information. JOB TRAINING PARTNERSHIP ACT Background r 2 Job Training Partnership Act (JTPA) is a federally funded program with the primary goal of training youth (Title IIB) and unskilled adults (Title IIA) to enter the labor force. The State Division of Employment and Training (DET) allocates funds to counties based,on unemployment rate. The Service Delivery Area (SDA) is the primary unit for planning and program administration under JTPA. The Private Industry Council (PIC) provides policy guidance and oversight with respect to activities under the job training plan. Effective July 1, 1988 the County became a member of the Rural Service Delivery Area (RSDA). Other Counties in the RSDA are Caswell, Randolph, Alamance, Rockingham and Vance. (All counties in the state are in a SDA. A SDA can be one county or a consortium of counties.) Each of the six counties in the RSDA have three PIC representatives serving on the RSDA -PIC. County representatives are Jim Gibson, Cleon Currie and Jim Colavito. The RSDA -PIC meets quarterly to review program progress and develop policy for programs in the six counties. Programs Since July, 1988 Orange County has provided four JTPA programs: 1. Pre - Employment Skills Training /Dropout Prevention- - training and program activities provided to in- school youth to prevent them from dropping out of school and enhance their transition from school into the labor market. The Program is operated by Orange County Schools. The contractual agreement is between the school system and DET. 2. On- The -Job Training - -for individuals whose skill levels are inadequate to gain employment without special consideration from an employer. Training contracts are developed on an individual basis with interested employers in the area. Employers are reimbursed up to 50% of the trainees hourly wage to cover the extraordinary cost of training. Employment Security Commission operates this program through an agreement with DET. 3 3. Institutionalized offenders Project -- focuses on outreach, recruitment and assessment services to offenders while they are in prison or on parole. This training program utilizes available community resources to provide jobs and training plans for the offender. The goal is to minimize the impact of release and re -entry into the community. The program is operated by the Employment Security Commission under a contract with DET. 4. Summer Youth Program -- provides summer jobs for disadvantaged youth 14 -21 with public and private non profit organizations capable of providing the most meaningful work experience positions with adequate supervision. Participants work a maximum of forty hours per week for a period of seven to nine weeks. Teaching youth about the actual world of work, good work habits and developing pride in the completion of an assigned task are programmatic goals. JOCCA operates the summer youth program through a contract with DET. Fiscal Year 1991 -92 Training Programs On April 8, 1991 the RSDA -PIC approved training programs for FY 1991 -92. The PIC approved Pre - Employment skills Training/ Dropout Prevention, Institutionalized offenders Project, and the Summer Youth Program. The PIC replaced the OJT program operated by the County Employment Security Commission office with a new program, Individual Referral /OJT. Individual Referral /OJT allows participants to enter an OJT program or to be referred to a community college for training on an individual basis. Comparison of Training Program Funding FY 90 -91 and FY-91-92 FY 90 -91 TITLE IIB Summer Youth Program Program Participants 25 TITLE IIA Pre - Employment Skills /Dropout Prevention Program Participants 80 OJT Program Participants 15 Institutionalized Offenders Project Program Participants 16 TOTAL $ 37,516 $ 55,000 43,452 1_ ,50 0 $ 111,952' *Fiscal Year 1990 -91 Title IIA amount of $111,952 represents an original allocation of $73,196 and $38,756 of unappropriated JTPA funds transferred to Orange County from Vance County. 4 FY 91 -g2 Title IIB Summer Youth Program Projected Participants 20 $ 30,204 Title IIA Pre - Employment Skills /Dropout Prevention Projected Participants 50 $ 41,348 Individual Referral /OJT Projected Participants 25 32,667 Offenders Project Projected Participants 22 1049 TOTAL $ 84,164 Allocations for Title IIA FY-� -` 1. FY 91--92 $ 73,196 Original Budget $ 84,164 Projected Budget 3- ?56 Amendment /Transfer $111,952 with no transfer anticipated. Training Program operators are permitted to expend 7.5% of funds for program administration. I O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 21, 1991 Action Agenda Item # V_ DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: MARY SCEARBO - EXT. 2583 REVIEW OF ENVIRONMENTAL ASSESSMENT TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To review the procedure by which the Board of Commissioners may be notified of the submittal of an Environmental Assessment required by the Environmental Impact Ordinance. BACKGROUND: Environmental Impact Statements required by the Environmental Impact Ordinance are presented to the Board of Commissioners at a public hearing prior to any action to approve or deny the development application. Environmental Assessments are not subject to Board review or action to minimize processing time. In the future, Environmental Assessments can be distributed upon submittal to each Commissioner for his /her information. This can be a Planning Department administrative procedure and will not affect any provisions or timelines contained in the Environmental Impact Ordinance. RECOMMENDATION: The Administration recommends that the current practice for reviewing environmental assessments continue to be an administrative process as outlined in Attachment I with only Environmental Impact Statements presented to the Board of Commissioners as part of the public hearing process. Environmental Assessments may be copied to individual commissioners at their request. 1. 2. 3. K REVIEW OF ENVIRONMENTAL ASSESSMENTS CURRENT PRACTICE Environmental Assessments (EA) are reviewed by the Environmental Planner to determine if there are significant impacts which warrant the preparation of an Environmental Impact Statement (EIS). The Assessment is sent to other local or State agencies for comments. Within 14 days of submittal of the EA, either a Finding of No Significant Impact ( FONSI) is issued or preparation of an EIS is required. If an EIS is required for a development project which requires permit approval, it will be presented to the Board of Commissioners at a public hearing prior to any action to approve or deny the development application. If no development permit is required, then the EIS alone will be presented to the Board of Commissioners at a special public hearing. REASONS FOR CURRENT PRACTICE The requirements of the Environmental Impact Ordinance were developed with the input of a Committee formed at the direction of the Board of Commissioners. The Committee included members of the Ordinance Review Committee, a County Commissioner, the County Manager, County Attorney, County Engineer, representatives from EDC, and several citizens who offered expertise in areas of environmental concern. The Committee met on numerous occasions during over a period of about 1 -1/2 year to develop ordinance provisions which adequately address environmental concerns. The criteria for requiring an EA were very specific so that the decision to issue a FONSI or require an EIS could be made quickly at the staff level. If an EIS were required, there would be an opportunity for full review of more detailed information by the Board of Commissioners as well as the public. ADMINISTRATIVE POLICY When the Planning Staff receives an EA, a copy can be distributed to each Commissioner at the same time that it is sent to the State Clearinghouse and other agencies for review. wr 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. \Za-7A ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: Chestnut Oaks Housing Development Program - Status Report; Approval of Environmental Review Record and Development Agreement - - - - -- DEPARTMENT: Housing /Community Dev. PUBLIC HEARING YES: - NO:+x - -- ---------------- ---------------- ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Status Report Development Agreement Environmental Review Record Combined Notice TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 --------------------------- - - - - -- PURPOSE: _ -To update the BOCC on the status of the Habitat s p onsored Chestnut Oaks subdivision. To authorize execution of the Environmental Review Record for the Chestnut Oaks Housing Development CDBG Program and authorize publication of a Combined Notice to the Public of No Significant Impact on the Environment and Request for Release of Funds. To authorize execution of the Development Agreement with Habitat for Humanity. BACKGROUND: Since the County was awarded a Preliminary Housing Development Grant award for $175,000 for road construction /paving in the Chestnut Oaks subdivision, much progress has taken place. Therefore, the staff wishes to advise the Board of Commissioners of the current status of the subdivision development and the related grant program. Additionally, as a grant condition, the N.C. Department of Economic and Community Development (DECD) requires that an environmental assessment be conducted in each CDBG project area. This assessment is done to determine whether CDBG activities will have a significant environmental impact in the project area. An environmental assessment was conducted which found that proposed CDBG activities would have no significant environmental impact on the community. The findings of this assessment is recorded in the attached Environmental Review Record (ERR). This document must be approved by the Board and executed by the Chief Elected Official before submission to DECD. 2 Also, the County is required to advertise at least once in a newspaper of general circulation a Combined Notice to the Public of No Significant Impact on the Environment and Request for Release of Funds. The Notice attached, in a format prescribed by DECD will accomplish this task. Upon approval, this notice will be published on or about May 24., 1991 in the Durham Morning Herald. The public will have a 15 day comment period and could also review the ERR. Lastly, as an additional grant condition, the County is required to execute a Development Agreement with Habitat for Humanity of Orange County which assures that Habitat Will build eleven (11) homes during the duration of the grant. This Agreement which has been reviewed by the County Attorney is attached and requires execution by the Chair on behalf of the Board. Approval of the ERR and the Development Agreement will allow the County to receive final grant award. RECOI► MENDATION (S) : 1. 2. Receive the status report as information. Approve the document on ERR and authorize the Chair to sign the behalf 3. of the Board. Authorize the publication of the Notice to the of No Significant Public Impact on the Environment and Request for Herald Release of Funds in the Durham Morning on or about May 24, 1991. 4. Approve the Development Agreement with Habitat for Humanity and behalf authorize the Chair to sign the document on of the Board. CHESTNUT OAKS HOUSING DEVELOPMENT PROGRAM STATUS REPORT . MAY 1991 BACKGROUND 3 Habitat for Humanity of Orange County, Inc. is aggressively pursuing the development of a 34 unit housing subdivision known as Chestnut Oaks to provide homeownership opportunities for low and moderate income families. The subdivision is located near the Bingham /Chapel Hill Township line on the west side of Jo Mac Road. The preliminary plan for Chestnut Oaks was approved by the Board of Commissioners on February 16, 1988. The preliminary plan called for the lots to be developed in three phases. On April 18, 1988, the Planning Board approved the final plat for Phase 2 of Chestnut Oaks which consisted of four (4) lots in addition to extending and upgrading the existing subdivision road to NCDOT standards. No other phase was submitted for final approval within twelve months following approval of Phase 2, thus, the preliminary plan approval expired. On June 4, 1990, Habitat for Humanity made a proposal to the Board of Commissioners (BOCC) to revise the original Chestnut Oaks phasing plan to allow combining Phases 2 and 3 of the subdivision into a single remaining phase with the entirety of Gemena Road retained as a private rather than a public road. On this date, the BOCC approved an amended phasing plan as follows: "Phases 2 and 3 of the combined into a new Pha: to NCDOT public road construction extending the eastern boundary of along the creek. The new June 4, 1992." original phasing plan shall be 3e 2. The roads shall be built standards with Gemena Road from Jo Mac Road (SR 1103) to the 100 -foot stream buffer Phase 2 shall be completed by Additionally, the final plat for Phase 2 has to be revised and approved by the Planning Department within twelve months, or the approval of the amended phasing plan will expire. This imposed a deadline of June 4, 1991 for Final Plat approval of Phase 2. After approval of the final plat for Phase 2, then Phase 3 must be approved within six months or in this case by December 4, 1991. *1* I 4 Also, at the June 4, 1990 BOCC Meeting, the Board awarded Habitat a $25,000 challenge grant to assist with the paving of Gemena Road to meet state DOT: standards. The Board also offered staff resources to assist in locating other funding for road construction. In this regard, on October 19, 1990, Orange County submitted a Housing Development Grant Application to the N.C. Department of Economic and Community Development (ECD) requesting $175,000 in Community Development Block Grant (CDBG) funds to be used for road construction /paving in the Chestnut Oaks subdivision. In December 1990, the County was notified of a preliminary award of this Housing Development Community Development Block Grant in the amount of $175,000 for the Chestnut Oaks Project. With the County challenge grant of $25,000 to assist in this effort, a total of $200,000 is available for road construction. The N.C. Department of Transportation has agreed to perform actual road construction. Simultaneously, Habitat has committed to building eleven homes in the subdivision during the 24 month grant period. To keep the Board informed of the progress being made with this project, County staff is providing the following information. THE PLANNING SUBDIVISION APPROVAL PROCESS On April 15, 1991, Habitat for Humanity submitted the final plat application for Phase 2 of Chestnut Oaks. Two pieces of information which are a part of the application package were missing. All health department approvals for the wells and septic systems to serve this phase were not included with the application. Also, the impervious surfaces were not delineated on the plat. However, County staff is working with Habitat to gather the missing data. Habitat proposed to provide water to the Chestnut Oaks homes by a shared well system. Under this proposal, the wells would be sited so that approximately four to five homes can share a well and so that right -of -way crossings by water service lines may be minimized. Each well house and pump would be located on property deeded to the homebuyer, who would grant a perpetual easement to the landowners which will share the well. After review of this proposal by the County Attorney, it was determined that the well site should not be located on one homeowner's property, but rather should be located on a site owned in common by all property owners sharing the well. Habitat is drafting a deed to convey such ownership which will then be reviewed by the County Attorney. The septic systems are being sited presently and the proposed sites are being tested by the Health Department to confirm soil suitability. The impervious surface delineations have *1* I;l been completed and were received by the Planning Department on April 29, 1991. Lastly, with the application for final plat approval, the County requires a financial guarantee for 1104 of the cost of completion of all necessary improvements in the subdivision which includes the cost of completion of the road and the water and sewer service systems. The cost for these improvements in Phase 2 of Chestnut Oaks has been estimated to be $80,000. Habitat submitted a Letter of Credit for $55,000 which it proposes be added to the County's $25,000 challenge grant for the required security. The County Attorney is drafting an instrument to facilitate the use of these funds in this manner. Additionally, Habitat has asked that the $55,000 Letter of Credit be released once final grant award has been received from the N.C. Department of Economic and Community Development for the $175,000 which will be used to pave the roads serving Chestnut -Oaks. This request will be presented to the Planning Board for recommendation on May 20, 1991. In summary, sufficient progress is taking place to allow final plat approval on the new amended Phase 2 of Chestnut Oaks by the deadline of ,Tune 4, 1991. THE CDBG HOUSING DEVELOPMENT GRANT PROCESS As mentioned earlier, the County received preliminary award of a $175,000 grant from the N.C. Department of Economic and Community Development for road paving /construction in the Chestnut Oaks subdivision. The County was informed that certain conditions must be fulfilled in order to execute a grant agreement and make the award final. These conditions are as follows. 1. A legally enforceable agreement between the County and Habitat for Humanity of Orange County that Habitat will carry out the activities proposed for it in Orange County's approved application. 2. An assurance that all CDBG funds and program income generated will be expended outside the corporate city limits of Chapel Hill. 3. Documentation that the non -CDBG funds necessary to complete the project are committed. The County was originally given 90 days to resolve these conditions. However, due to Habitat's inability to provide an acceptable financial guarantee that the non -CDBG funds necessary to construct eleven homes during the grant period, we requested an extension of 60 additional days to ,Tune 2, 1991 to resolve these conditions. This request was granted by *1* 11 State officials. Since that time Habitat has been able to secure a loan commitment from Central Carolina Bank and the Development Agreement is ready for BOCC approval. Thus, immediately following the May meeting, County staff will forward all necessary documentation to the State in order to receive final grant award. Also, in anticipation of the requirement to conduct an Environmental Assessment of the project, this assessment has been completed and will be forwarded after BOCC approval. Therefore, we should be able to sign a grant agreement with the State in June, and have the funds released by July 15, 1991. The timing of the actual release of funds is critical in order to coordinate the construction work with the Department of Transportation ( NCDOT). The Department has officially consented to perform the work and understands that the County has only $200,000 to finance the construction. However, should the low bid exceed this amount and negotiation with the low bidder fails to reduce the bid, as a practical matter, the difference between the bid amount and grant funds must be found. The County Engineer is working with the NCDOT to complete all the necessary preparations for road construction. Road alignment and vertical design information has been sent to NCDOT for review and comment. A response is expected in the next few weeks. NCDOT is also requiring that all right -of -way in the subdivision be platted and recorded prior to beginning road construction. Therefore, Habitat will need to develop a new plat which shows the proposed roads and the associated right -of -way for the entire project including the portion for which lots have not been finally approved. That plat will need to be approved and recorded. Also, NCDOT will not let bids for the work until the County signs a contract with them. This contract has been prepared, however, the County cannot sign a contract until the grant funds have been released since that is the source of funding. Therefore, the County must sign a contract with the Department of Transportation as soon as the grant funds are released in order to get the work done during this year's paving season which ends November 1, 1991. In anticipation of the funds being released on or about July 15, 1991, we should be able to meet NCDOT's time schedule. Submitted by: Tara L. Fikes, Housing /Community Dev. Director Marvin Collins, Planning Director Paul Thames, County Engineer Geoffrey Gledhill, County Attorney *1* LEGALLY BINDING COMMITMENT DEVELOPMENT AGREEMENT HOUSING DEVELOPMENT GRANT PROGRAM COUNTY OF ORANGE, NORTH CAROLINA This AGREEMENT, made and entered into this ------ day of , 1991, by and between Habitat for Humanity of Orange Co, Inc., hereinafter referred to as the "Habitat ", and the County of Orange, a body politic located in the State of North Carolina, hereinafter referred to as the "County ". This agreement will not become effective until all conditions placed upon the County's funding approval are satisfied and funds are released by the N.C. Department of Economic and Community Development (ECD). WITNESSTH WHEREAS, Habitat owns a parcel of approximately 74 acres located in the Bingham Township of Orange County; and WHEREAS, a portion of said property was developed as Phase One - Chestnut Oaks, as shown on a map recorded in Plat Book 45, Page 122, Orange County Registry on September 9, 1986; and WHEREAS, the remaining portion of said 74 acre parcel, which is more particularly described in Exhibit B attached hereto, is still owned by Habitat, said remaining portion of the parcel being hereinafter referred to as "the property "; and WHEREAS, Habitat desires to improve the Property with a number of single- family residences, in accordance with all applicable legal requirements and the Charter and Bylaws of Habitat, for sale to low and moderate income families; and WHEREAS, Orange County desires to participate in this project and has received a grant from the N.C. Department of Economic and Community Development Division of Community Assistance in the amount of $175,000 to be used for street improvements on the Property; and WHEREAS, the Division conditioned its approval o Habitat's ability to meet which will enable Habitat to residences on the subject hereinafter specified; and of Community Assistance has E the requested grant upon certain financial requirements, construct at least eleven (11) property within the period 1 7 0 WHEREAS, Habitat does not presently have a sufficient amount of liquid assets and pledges designated for use in the construction of such residences, but has secured a loan commitment in the amount of $365,000, as documented in Exhibit C, which can be utilized to raise the required capital for house construction, if necessary; NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties hereto do agree as follows: 1. Habitat agrees to execute its responsibilities identified in the County's CD ®G Application to ECD dated October 16, 1991 (Exhibit A). 2. Habitat further agrees to construct no fewer than eleven (11) houses for low and moderate income families meeting all applicable legal requirements. With prior approval from ECD, this commitment may be partially waived by the County if failure to meet the commitment is determined to be due to events beyond the control of the Developer including, but not limited to, an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the project as described in the application. 3. The County agrees to execute its responsibilities as defined in the approved grant application (Exhibit A) and within the times set forth therein. 4. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this agreement. 5. Each party agrees that any authorized representative of the County of Orange, the North Carolina Department of Economic and Community Development, the North Carolina Department of Housing and Urban Development, and Comptroller General of the United states shall; at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfillment of this agreement for a period of three (3) years following the completion of all closeout procedures respecting the Community Development funds, and the final settlement and conclusion of all issues arising out of the Community Development project. 2 6. Not withstanding anything herein to the contrary, the parties, hereto acknowledge the due execution of the Community Development Grant Agreement between the County and ECD and agree that any conflict between the provisions, requirements, duties or obligations of this agreement and the Community Development Grant Agreement shall be resolved in favor of the Community Development Grant Agreement. 7. If at the end of the approved project period ECD determines that the Habitat has failed to construct the subject houses, then Habitat shall secure the loan described in Exhibit C to obtain the capital necessary for completion of the house construction. 8. Upon completion of the obligation of each party under this Agreement, and the receipt of a Certificate of Completion from ECD; the County shall notify Habitat in writing that all requirements have been fulfilled thereby releasing Habitat from its obligations herein stated. 9. This Development Agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. ATTEST Beverly Blythe, Clerk to the Board of Commissioners AT TES----- _- �----------- .- -__ - -- ATTEST Diane Linfors, Sec. /Treas. COUNTY OF ORANGE, N.C. - ------------ - -- Moses Carey, Jr. Chairman, Orange County Board of Commissioners HABITAT FOR HUMANITY OF ORANGE COUNTY, NC, INC. 3 Joe�Buckwalter, Vice - President W EXHIBIT B 10 LEGAL DESCRIPTION Adjoining the lands of Charles W. Lloyd, R.L. Lloyd, Dunlap and Andrews, Joseph McCauley and others, bounded as follows: BEGINNING at the Northwest corner of Dunlap and Andrews tracts and the line of N.L. Lloyd, running. thence South with the line of Dunlap and Andrews 16.19 chains to the stake, the Northeast corner of the tract conveyed to Joseph McCauley by W. G. Lloyd, thence West along the line of said McCauley 47.30 chains to the stake 30 links below the old corner; thence North with the line of William Edwards 16.15 chains to pointers, said Edwards' (formerly Neville's corner); thence East With the lines of said William Edwards, Charles W. Lloyd and R.L. Lloyd 47.30 chains to the BEGINNING, containing 77.25 acres more or less. References made to deed of R.L. Lloyd and wife to J.W. Lloyd and N. G. Lloyd dated March 3, 1929, recorded at Book 78, Page 402 and deed of J.W. Lloyd and wife N.G. Lloyd dated March 20, 1923 and recorded in Book 83, Page 390, Orange County Registry. 11 EXHIBIT C CCB r s Habitat for Humanity of Orange County NC, Inc. Mr. John Eckblad, President PO Box 3673 Chapel Hill, NC 27515 April 16, 1991 RE: Construction Loan: Chestnut Oaks Subdivision Dear Mr. Eckblad: Central Carolina Bank and Trust Company and Orange Federal Savings and Loan Association, (hereinafter called "Banks "), are pleased to advise Habitat for Humanity of Orange County NC, Inc., (hereinafter called "Borrower "), that we have approved contingent construction financing for eleven (11) single family residences. The purpose of this commitment is to make funds available to satis- fy the requirements of a grant from the State of North Carolina that eleven (11) low to moderate residences will be built in the Chestnut Oaks Subdivision within the time constraints outlined in the grant. This commitment will only be utilized if, as, or when donations to the Borrower are not sufficient to continue the construction of the residences and other site improvements on a timely basis. After completion, The residences are to be sold to qualified low to moderate income families in Orange County. The terms and conditions of this commitment are as follows: I. BORROWER: Habitat for Humanity of Orange County NC, Inc. 2. SECURITY: First mortgage lien on the remaining lots of Phase I, Phase II, and Phase III of the Chestnut Oaks Subdivision, Orange County, NC, and all improvements to be built thereon. Security shall include the proportionate interest in the common elements including but not limit- ed to streets, rights of ways and all such appurtenances together with an assignment to the Banks of all rights necessary to provide the residences with those utilities, including but not limited to sewer, water, electricity and gas services, approved by those govern- mental authorities having jurisdiction thereof. In addition, security shall consist of an Assignment of Leases, Rents, and Profits, and present and future mortgages now held or to be held by the Borrower. Regional Lending Center Suite 490, Europa Center, 100 Europa Drive Chapel 14111, North Carolina 7.7515, 919/932.2731 W 3. LOAN AMOUNT: Three Hundred Fifty Six Thousand Five Hundred ($356,500.00) Dollars. Of this amount, the loan allocations will be as follows: * Project Development- $352,000.00 * Professional Services- Surveyor 4,500.00 4. INTEREST RATE AND MATURITY: The mortgage documents shall be drawn "ON DEMAND" and provide for interest on the outstanding balance, payable on the first of the month at One (1.0 %) percent per annum floating above Central Carolina Bank's published prime interest rate. Such interest rate may be revised and restated from time to time, if, as and when changes in said prime rate occur, on a daily basis. An origination fee of one (1.0 %) percent will become due and payable on each disbursement made per item 7., Method of Disbursement, if and when such a disbursement is requested. The maturity date of this commitment shall be July 1, 1993. The ma- turity date may be revised or restated, at the Banks' option, but such revision or restatement must be in writing. 5. METHOD OF DISBURSEMENT: Of the $352,000.00 allocated for project development, there will be a total of only $32,000.00 allocated for disbursement for the con- struction and site improvements and certain soft costs of each re- sidence. Advances will be disbursed out of the loan revenue allocations in such a manner that the residence and site improvements will be com- pleted after full disbursement of this amount. 6. METHOD OF REPAYMENT: The repayment release amount will be paid at the time of closing of each permanent mortgage. Said repayment release will be subject to the Banks' review. The repayment amount is as follows: * Each Residence - $32,000.00 7. The attached Construction Loan Agreement, a copy of which will be signed at closing, becomes an integral part of this letter. The Borrower's signature at the bottom of this letter acknowledge receipt and an un- derstanding of the terms contained therein. 13 8. OTHER TERNS AND CONDITIONS: A. The Borrowers shall submit, on an annual basis, a corporate fed- eral tax return and financial statement. B. The loan is to be evidenced by a Note and Deed of Trust drawn on standard Central Carolina Bank forms, which shall be signed by the Borrower and contain such provisions and conditions as we deem necessary to carry out the terms and conditions of this commitment. C. Immediately after closing, the Banks shall be furnished with a Title Opinion by their attorney, showing the security interest and only such exceptions as the Banks' approve. D. All taxes, assesments, ground rents, and charges of every charac- ter due and payable at closing will be paid in full. E. Each residence shall be constructed strictly in accordance with the plans and specifications which shall be submitted to and ap- proved by the Banks. Any deviation therefrom must be approved by the Banks in writing prior to any disbursement of funds. Con- struction must progress in such a fashion and within such limits of time to assure the Banks in their sole opinion that the resi- dences shall be completed on or before the maturity date. The Banks reserve the right to conduct such periodic inspections as deemed necessary. F. All expenses involved with the title examination, preparation of Note, Deed of Trust, and other documentation required, are to be paid by the Borrower. G. As specifically provided by the Deed of Trust, this loan ".... shall become due and payable forthwith if the party of the first part shall convey said premises or if title thereto shall become vested in another, in any manner whatsoever... ". In addition, this commitment shall terminate and all construction mortgages hereunder shall become due at the option of the Banks in the event of the filing by the Borrower or against the Borrower a petition in Bankruptcy or insolvency or in reorganization or the making by the Borrower of an assignment for the benefit of creditors or the filing of a petition for an arrangement by the Borrower which is not withdrawn or dismissed, cancelled, and /or terminat- ed before the closing date of this loan, or in the event the terms and conditions of this commitment are not met as herein provided. A default under any loan including this loan from the Banks to the Borrower shall constitute a default under every other such loan, including this loan. H. Documents required prior to the first advance are as follows: * Note and recorded Deed of Trust * Title Insurance * All Risk /Builder's Risk Insurance. This policy must in- clude coverage for the theft of materals. * Foundation Survey * Signed Commitment Letter * Copy of Building Permit * Construction Loan Disbursement Authorization * Construction Loan Agreement * Executed Affidavit Regarding Liens * Executed Borrowering Resolution I. The title search, and closing of the loan is to be done by an attorney of the Borrowers' choice and acceptable to the Banks. J. This commitment shall not be assigned by the Borrower or by opera- tion of law or otherwise and in the event of such assignment, may be terminated by the Banks at their option. K. This commitment will expire at our option on May 31, 1991, with- out notice to you and without liability to us unless on or before date we have received a'copy signed by you to indicate your accept- ance. It has been our pleasure to review this request and we look forward to working with you on this project in the future. If you have any questions, please o not zRoyste'r to give me a call. Signed is 1 pril, 1991. BY: BY: Mark R. David Kimball Vice President Sr. Vice President MRR /RDK /blp ACCEPTED BY: Habitat for Humanity of Orange County NC, Inc. B John Eckblad President Date 14 e CENTRAL CAROLINA , ANK AND TRUST COMPANY, NA 3NAL ASSOCIATION 15 CONSTRUCTION LOAN AGREEMENT day of 19 the undersigned, sometimes hereinafter referred to as the •' Borrnw'ct ", e•- This `� y p=sly covenants with CENTRAL CAROLINA BANK AND TRUST COMPANY, NATIONAL ASSOCIATION, hereinafter referred to as of die even adate urai agrees in consideration of the granting of a loan by the Bank evidenced by a Note in the face amount of S secured by a Deed of Trust, to do and perform the following acts and things and comply with all the following provisions: 1- To furnish the Bank with approved plans, specifications, building pef nits and any other required permits or special licenses, scale details and statemens showing itemized cost of proposed improvements, said itemization to be based on contracts let wherever possible - otherwise on reasonable estimates 2. To cause all contracts for materials and labor furnished for the construction project to be subordinated to Bank's Deed of Trust; including the waiver of any right to have, file or maintain mechanic's or materielmen's liens against the premises described in said Deed of Trost. 3. To conditionally assign to the Bank Borrower's interest in the general construction contract executed by the General Contractor, and other contracts rc.piired ack owl acknowledgements shall authorize the Bank to use thehPlsans n the event of an occurrence of an Event of Default byaBorr(ower� the Architect and .oche 4. To not, without the prior written approval of the Bank. terminate or cancel its contracts or agreements with General Contractor or Architect, it ,n.'. It" the providing of labor, services of materials in connection with the construction of the improvements. Subsequent to the date of this Construction U ian Agi v, ment, notice must be given to the Bank by Borrower of any contractors or architects contracted with by Borrower as substitutes for General Ctnnracu +r or Architects, if any, or as additional general contractors, architects or project coordinators, and the Bank has the right to approve or disapprove such <uh.nru tion in its sole discretion and to require the submission of any additional Wan documentation regarding such substitutes. 5. To cause the construction of the improvements to be carried on continuously, and to complete, free from alep�, s' liens, and incompliance with huddu+g restrictions and ordinances, within months from the date of the Note, the improvements in acc respective plans and spxilicallom submitted. construction consultant 6. To give the Bank the right, during construction of the improvements, W inspect, or employ at the Borrower's ex s itications and to inspect the same and to reject and /or require to be replaced any material or workmanship that does not c l Pu to verify costs, value all existing improvements in place, and estimate costs to complete all proposed improvements. It is uncle and agreed that an. inspections made by the Bank shall be solely for the Bank's protection and the Bank shall not thereby incur any liability to the under d or to any third panics. 7. To furnish a survey prior to the first disbursement of this loan by a surveyor satisfactory to the Bank, showing said buildings wholly within lincs +1 the tract conveyed by the Deed of Trust and not in violation of any restrictive covenant or other ordinances or regulations. 8. To furnish evidence the property, and the intended uses of the property are in compliance with all applicable laws, covenants, regulations and ordmanc�, 9. To obtain the approval of the Bank's attorney on all legal matters Pertaining to the loan. 10. To furnish insurance in amount, form and with companies satisfactory to the Bank, including workman's compensation insurnce. 11, To pay and secure releases of all encumbrances of record which in the opinion of the Bank are or will be prior or detrimental to its security uncrr>r 12. To evidence this loan by a Note secured by a Deed of Trust drawn on Bank approved or standard Bank forms, together with such other required (Itwuiucm, as are deemed necessary by the Bank. 13. Upon the Bank's request. Borrower will execute and deliver, or cause to be executed and delivered, security agreements encumbering building m, tcnal. and equipment and other supporting documents that the Bank may from time to nine require in connection therewith, including financing statements and record searches under the Uniform Commercial Code. 14. To be vested at closing with fee simple title to the property encumbered by the Deed of Trust and to furnish the Bank at closing with a title opurion h an attorney satisfactory to the Bank and title insurance commitment, describing the said property, with only such exceptions to clear title as may be approved by the Bank; and upon request to provide the Bank with a title insurance policy acceptable to the Bank. 15. To pay all expenses incurred in obtaining title examinations, appraisals, surveys, preparation of rotes, deeds of trust, other documentation and iv, icw nl said documents by Bank's attorney whether or not the loan is actually made. 16. To permit no commencement of any work or the delivery of any material until the Note and Deed of Trust have been executed and the Deed of Trust rcuvded, and until permission to start work or deliver material has been given by the Bank• if delivery of materials or construction is in progress prior to the race rd;nion of the Deed of Trust, receipt of acceptable title insurance coverage specifically insuring the Bank against any loss or litigation costs arising from said dvlivcrN of material or construction will be required prior to any disbursement of proceeds. 17. The proceeds of this loan shall be disbursed no more frequently than once in a calendar month. The final draw shall be equivalent to at least NY,; nl dre loan proceeds and advanced only upon completion of construction; and all proceeds may be advanced by check payable to the Borrower, nr by dclv+•.11 tit Borrower's construction deposit account at the Bank, or according to a signed Bank form Construction Loan Disbursement Authorization. 18. To pay interest monthly on all funds disbursed to date. 19. To furnish from time to time whenever requested, a statement slowing an itemization of expenditures to date, items due and unpaid, items nccc-ill completion and items purchased whether or not stored on the job site in form satisfactory to Bank; and to support said statement with receipted hills, al ida� il•. lien waivers and other satisfactory evidence of payments. cost estimates and/or contracts - 20. Borrower agrees that if for any reason the remaining undisbursed loan balance shall, in Bank's opinion, be insufficient to pay all amounts pre..cnd) due and all amounts necessary to be incurred for the completion of the construction project, Borrower will within ten (10) days after request by the Bank. dcls +sin the estimated deficiency with the Bank, which deposit shall be used first before any further disbursement of loan proceeds shall be made, oral the 1111111, option make such other provisions for the funding of the estimated deficiency as may be acceptable to the Bank. 21. Borrower agrees that any funds advanced or deposited by Borrower or any person or entity other than Bank shall in all respect be subordinate tit the hull of Bank's Construction feed ofTrost including without limitation amounts then outstanding and subsequently advanced, and further agrees that this I+nwkilm shall be immediately, completely, and continuously effective without further evidence, documentation, or action of any kind by any party to this agrccmct+t or otherwise. 22. To use such funds as are disbursed pursuant to each loan for the payment of material bills. labor, and for other uses or purposes in and for the con.erucu-n of the building or improvements for which said loan has been made. 23. The Bank shall not be obligated to make further advances on the loan if in its opinion the undersigned has not complied with all the provision, Ict Iinih in made swhenther oronot Bank Agreement s ave previously beenere relieved of its obligation under the make terms furUur advances Dby reason f default by Borrower. tt1't ` 1111+ 24. To authorize the Bank at any time, without consent of the undersigned if in Bank's opinion it becomes necessary, to pay bills ardor complete any imprl+, er++crtt> . using for such purposes the undisburscd rice proceeds of the loan and any deposited funds, upon which the Bank shall have a first lien. Nothing ct trained herein shall in any way be construed as a covenant by the Bank to so pay or complete. Further, at its option, Bank may make all loan disbursement, d+rcctl) to the general contractor, any subcontractor, laborer, material supplier, or any other entity providing labor, services or materials in connection wnlr dre construction of any or all improvements; and the execution of this agreement by the Borrower shall, and hereby does, constitute an irrevtnable dineunn and authorization to so disburse die funds. No further direction or authorization shall be recessary to warrard such direct disbursements and all arch di.lvtrwriwil1. t n% permit no material change in ma 16 membership or control of Borrower or anyr4e, transfer or conveyance, whether voluntary or �6 mr lu ran'. of the property or any portion thereof. 76 rn comply with and perform each and every provision and condition of the construction loam commitment from the Bank as evidenced by the commitment Ie11cr i l l the Loan dated . Any provision of the eOmntitment letter to the contrary notwithstanding, the provisions of this Con - trtx ritm I ran Agreement shall in all respects be deemed controlling, III cane of the happening of any of the following events (hereinafter called "Events of Default "): a .any representation or warranty made herein shall prove to be false or misleading in any material respect. h Ally report, certificate, financial statement or other instrument furnished in connoWoe with this Consuvalon Loan Agreement or the borrowing hereunder .hi ill prove to be false or misleading in any material respect; I)cIatlh in the payment of the principal or interest on the Note, as and when due and payable; ! Dehlilt shall he made with respect to any indebtedness (other than the Note) of the Borrower when due or the performance of any other obligation rnt erred in connection with any indebtedness for borrowed money of the Borrower, if the effect of such default is to accelerate the maturity of such indebtedness; c. Oc Iau It in the due Observance or performance of any covenant, condition, or agreement on the pan of the Borrower to be observed or performed pursuant its 'he rcrms of this Construction Loan Agreement or the Deed of Trust; I Harrower shall voluntarily rile a petition under the Federal Bankruptcy Act, as such Act may from time to time be amended, or under any similar or ,w,c•,,i Federal Statute relating to bankruptcy, insolvency, arrangements or reorganizations, or under any state bankruptcy of insolvency act, or rile an m—t:r in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower shall fad to obtain a vacation or stay of involuntary pro- vedingN brought for the reorganization, dissolution or liquidation of Borrower, or if Borrower shad be adjudged a bankrupt, or if is trustee or receiver shag be :1111 rimed liar Harrower or Borrower's property, or if the property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state cr,nrr, � 1 it borrower shall make an assignment for the benefit of Borrower's creditors, or if there is an attachment, execution, tc other judicial seizure 4 ,Im rortrrtn of Borrower's assets and such seizure is not discharged within ten days; I ncd 1tldgcment for the payment of money shad be rendered against the Borrower or a Guarantor, and the same shall remain undischarged for a pe riod I.1 it' .Ia during which execution shall not be effectively stayed; I I,:nh ,tf the borrower if Borrower is an individual. I be liank should otherwise deem itself, its security interest, or any debt hereunder unsafe or insecure or should the Bank believe in good faith that Ihr I-I —Nd of payment•or other performance is impaired, rltcn. al any timn�lhereafter during the continuance of any such event, the Bank may, at its option, take any or all of the following actions, at the same „r dillerem times: I ii ,b,clarc the Note to be forthwith due and payable, whereupon the Note shall become forthwith due and payable, both as to principal and interest, without prr.cnl meet, demand, protest, or other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Note to the contrary ma,xmutanding, and/or r1 .rkC munediate possession of the real property and personal property encumbered by the Deed of Trust and/or v'rhtnO any work necessary to complete said improvements substantially in accordance with the plans and specifications, and Borrower names and ,I11I•nmien the hack its true and lawful attorney -in -fact with find power in the Property to complete the improvements in the name of Borrower, pay all I ^11. ,rid expenses incurred thereby, (hut in such event the Bank does not assume responsibility to pay bills owed by Borrower at the time the Bank elects It, 1,11. r possession of the Property), and do all other, acts on behalf of and in Borrower's name necessary or desirable for the project's completion, this power h,•n!r .I 1-wer coupled with an interest which cannot be revoked, and/or 11, , hnvc ;I receiver appointed as a matter of right without regard to the solvency of the Borrower, for the purpose of preserving the property securing Ib — h o•m, preventing waste, to protect the rights accruing to the Bank by virtue of this Construction Loan Agreement, the Note, the Deed of Trust, and 11, pcoornt such activities referred to in sub - paragraph iii above and/or nmr uc anv and all remedies provided for hereunder and as provided in the Note and Deed of Trust, -t, sums e>,pended by the Bank pursuant to the provisions of this Paragraph 27 shall become part of the indebtedness secured by the Deed of Trust, ',t•ar mtcrest from date of disbursement at the rate provided in the Note, shall be payable upon demand and shad be secured by the Deed of Trust rrI Ihtltreh such sums, when added in previous advances to Borrower, shall exceed the face amount of the Note, The remedies provided in this paragraph .h:rti lk m addition ro other remedies provided by law and provided in this Construction Loan Agreement. the Note, the Decd of Trust, or other loan documentation. < I he rains, provisions. conditions and requirements made and set forth herein are for the benefit of the parties hereto and to better define the terms of the I.I Inn. ;md in no event shall the Bank be construed to be Borrower's agent, and in no event is the Bank assuming Borrower's responsibility for proper payments I -I ,,wvacmr and others. h is specifically further intended that no party shall be a third party beneficiary hereunder except and unless it is specifically provided hr•era that arty provision shall operate or inure to the use and benefit of a third party; i.e., no sub - contractor, no sub- subcontractor or material supplier IIIAI h:n•e any rights hereunder against the Bank, or be entitled to protection orally of the covenants herein contained, although such parties may have recourse Io III, N'trower. inns II• Ihn ;,grcemcnl hereby waive any requirement of written notation of any and all present or future advances of funds. •.. :.1�111cd hvreh,s „knowledges receipt of a copy of this agreement and agrees to the terms and conditions set out herein. H )N 1 WIA L -OF. each undersigned individual party has hereunto set his hand and adopted as his seal the word "SEAL" e Ili. scaled instrument being executed and delivered on the day and year first above written. appearing beside or scar (SEAL) (SEAL) (SEAL.) (SEAL) IAI()N1' WHEREOF. the undersigned corporate party has caused this Construction Loan Agreement to be Aigned in its corporate name by its _. President and its corporate seal to be hereto affixed and attested by its Secretary, all by authority of its Board of Directors 'iN,!•. acrd caused this sealed instrument to be executed and delivered on the day and year first above written. le o, .p .� I'I•: ATTEST: SECRETARY By: NAME OF CORPORATION PRESIDENT l I NIt )NY WHEREOF, the undersigned partnership has caused this Construction Loan Agreement to be signed in its partnership name and has adopted rr the •.t m d ­SEA[.­ appearing beside or near its partnership name, this sealed irstrumetu being executed and delivered on the day and year first above written. Nattc nl Partnership or Joint Venture General Partner for Managing General Partner) (SEAL) By; (SEAL) By; General Partner General Partner (SEAL) (SEAL) Accepted as of the date first hereinabove written CENTRAL CAROLINA BANK AND. TRUST COMPANY, NATIONAL ASSOCIATION By Title 17 ENVIRONMENTAL REVIEWS AT THE COMMUNITY LE Agency responsible for Protect Lwabm (City and County) Clunng Route No. Orage C=tiy uate uompletea: 5/5/91 County of Orange HillAXXUQh' Contact Person: Address I Phone N. ription Briefly Describe Project: Habitat for Humanity of Orange County, Inc. is developing a planned 34 unit subdivision to the known as Chestnut Oaks on a 74 acre tract in the. Bingham Township of the County. Chestnut Oaks is a cluster subdivision containing 34 one acre lots served by public roads, individual septic tanks and community wells, with 31.42 acres in open space. Upon completion, the subdivision will provide homeownership opportunities to 34 low income families. To date, seven homes have been completed. CDBG funds would be used to construct and pave the roads serving the Chestnut Oaks sub- division. Enviromental Impact Status Exempt CAT. Excluded E.A_ Project Activities CDBG Funds Other Funds 1. $ i z. ❑ ❑ 4. O ❑ ❑ 6. ❑ ❑ ❑ 7. ❑ ❑ ❑ ❑ 9. O ❑ ❑ 10. ❑ ❑ ❑ ® original ❑ Revision Dated ❑ Amendment Dated ❑ Prior Clearing Review Has Taken Place 0 EIS Required Signature of Chief Elected Official Chair Title Agency and Address 2727 18 Statutory Checklist Checklist of Applicable Statutes and Regulations 1: project Name and identification No. Chestnut Oaks HD -1 '2: Attach project map. 3., Are all activities of this project exempt from NEPA procedures? ❑ Yes M No (If yes, this Statutory Checklist need not be filled out.) 4. Are activities of this project categorically excluded from NEPA procedures? ❑ Yes ® No (If yes, this Statutory Checklist and all required actions must be completed.) Area of Statutory— Regulatory Compliance b S j," •o` • � a 4 �= .cep• c � Note Compliance Documentation Impact Categories t r Historic Properties Floodplain Management ►I Wetlands Protection X Noise X Air Quality X X Manmade Hazards l e'mal /Ex olosive Hazards X Aort Clear Zones X Water Quality Navigable Waters X Aquifers X Solid Waste Coastal Areas Coastal Zone Management FX Coastal Barrier Resources X Endangered Species X X *Attach evidence that required at mm haw been taken. 19 18 19 Data Sources and Documentation Historic Properties Environmental Review Coordinator N.C. Division of Archives and History Floodplain Management N/A Wetlands Protection N/A Noise N/A Air Quality N.C. Department of Environment, Health and Natural Resources Manmade Hazards N/A Water Quality N.C. Department of Environment, Health and Natural Resources. Solid Waste Disposal N.C. Department of Environment, Health and Natural Resources Coastal Areas N/A Endangered Species N.C. Natural Heritage Program Farmlands Pecoectim N/A Wild and Scenic RSrs N.C. Natural Heritage Program State or Local Statutes Orange County Departments of: Planning, Health, Social Services, Soil/Water Conservation, and Recreation and Par Send 14 copies of this form and al maps to: Director. Division of Community Assistance, Suite 250. .1307 Glenwood Avenue, Raleigh. N.C. 27605 20 Environmental Assessment Checklist Page 1 Project Name and Identification No 20 1 2 3 4 5 6 7 0 � � `r�• t r � fit' v` �� C�'+Q � ►" 4 Source or Ekmmmn ado, d �: �• rr !" (Note date of contact or 0`40 0`40.3 o`4a3 e� A�dd�itionae) Impact Categories 20 4 4�4 Q�4 2 Q4 attached. MEUWW army be Lana Development Conformance witn adverse impact on existing con - . :nK X itions, but area will be developed "� ccording to all applicable Zoning and Com utdbibty aW See A -9 Urban Impact adverse impact on existing con - X ditions, but area will be developed according to all applicable Zoning and Subdivision regulations. (See A -9) Sbpe X Erosion X Sal Suitability X See comments of Local Soil and Water Conservationist -(A -2) hazards and Nuisances, 6tcbydM Site Safety N/A Energy Consumption X N/A Noise Effects of Ambient Noise on Project and Contribution to Cam- X munity Noise Levels 21 r Environmental Assessment Checklist (connnued, page 21 21 Project Name and identification No. Chestnut Oaks HD-1 1 2 3 4 5 6 7 V c �� 5-y Source or Documentation �F q �9 r ►' r (Note date of contact or �F p` d . t a page reference) 2e °moo C Q° e° s� rp$ Additional material tray be impact Categories 4 4� �` Q, attached. Atr Quality Effects of Ambient Air Quality on Protect and No Impact on Air Quality anticipated. Coninbutoon to Corn- X ( See A -11) munity Pollution Lewis Environmendl Ekmgn and Historic Values Viii' Quality Visual quality will be improved by the Coherence, Diversity project. Compaticie lice, and X Scale Historic, cuhumi, No historic properties will be affect and Archaeological X by the project. (See A -1) Rosounes sociaeconomit: Demograpnttci The project will provide housing for Character Changes X 34 new families. D�sw _ement X No displacement will take place. Employment and Income Patterns X Community Fadidas aaii'SwrA eK Educational Facilities The area is serving by the public school bus tranSportation system. Commere d Faa ms No commercial facilities will be . in- X volved in the project. Health Care No significant impact. X Social Services No significant impact. (See A -7) X 22 Environmental Assessment Checklist (continued, page 3) Project Name and Identification No. chestnut oaks HD-1 1 2 3 4 5 6 7 Lk 4F ,moo ��. � ` So d` urce or Documentation �F `ac `yet `acC� (Note date of contact or 0 0 o a o a r a na9e reference) Impact Categories 2 4 4�e 4�e 2 �a Additional nateriol may be attached. Commpnity Facilities and rvicee ( ennn Solid Waste There are two non - conforming waste sites X within close proximity to this project. X i I I I INo significant impact. X No significant impact. water sappy X lNo significant impact:. X I I I I (Adequate police protection. X I Adequate fire protection. Emergency Medical X Emergency Medical Services ( EMS ) are adequate. Open open S� Space and S Recreation X No significant impact (See A -5) Faeaee: X Project is not located near any cultural facilities (See A -1) R 23 22 Environmental Assessment Checklist (connnued, page 4) 23 Project Name and Identification No. Chestnut Oaks HD-1 1 2 3 4 5 6 7 4 � °C �� � D p� , Source or Docuraentatian r�@ pa9e referencsanract or o �� o a e o o Additional rnrteeial may be Impact Categories 4° a'�4 Qtr Z �e attached Natural Features Water Resources X Adequate — See (A -10) Surface Water X Adequate — See (A -9110) Floodplains X N/A Wetlands .x N/A Coastal Zone X N/A Unique Natural Features and Agricultural Lands x N/A V taam and Wrdddfe X N/A 24 Environmental Assessment Checklist (coo it" LWd. Pa" Summary of Findings and Conclusions: The Chestnut Oaks Housing Development Project will result in no long term adverse isLact on the community. The long -term benefits of this activity, the reation of homeownership opportunities for low /moderate income families,will watemporary inconveniences. Summary of Environmental Conditions: The existing environmental conditions will be adversely affected by project activities. However, environmental'e £ fects will be minimized by compliance with orange County Zoning and Subdivision regulations. Project Modifications and Alternatives Considered: No project mmWicationa /alternatives are being considered. 24 25 Environmental 5bembment Checklist iconttnued, pap 6) Additional Studies Performed (Attach Study or Summary) No additional studies necessary. Mitigation Measures Needed: No mitigation meamWeS needed. 26 Environmental Assessment Checklist (continued, page 7) 1. Sufply a clear, legible map of the proposed site and surrounding area. Mark area to be acquired n Unknown 2. Utilities d construction site. Utilities to Serve project roiected Demand pei pay i h of Water Waste Disposal al Gas Alterations Alteration planned use) Present TO cpuired (before cM veloped J3LLand iYn* Cleared Vacant: ndscaped To able e ((squam� (�a+�aer"te. artiall Dever o e Cut (cubic yerds) To Be Fled (cubic yards) 4. Cultural Resources (archeological, historic a ease give any Known arc oyl or h None b) What kind_ it ant* mi.- nst Lnes to be Capacity of Lines Constructed (inches diameter) Clil .. _F_- -&awes ENO 07960y Deer conducted: ststswss>• 26 to t (for Utility ac Areas I evious Use historical) Acres Precent of Project Area None 74 1001 None 85x0( 00 sf I 6% c) Has area been previously stsrvsyed by h mkx. at. U so, give nun of proppal mvestigstor and date of survey: d) ❑ YES ❑ NW Are / structurss on site nowv? (abandoned barns, farmhour;e. tabacco sheds, bridges, etc.) e) Ages of each building/structure: f) Will any of these.structures be demolished? (indicate which): 9) Will any of these structures be rehabilitated or renovated? (indicate which): h) please include photographs of Clearance or Demolition, any buildings constructed prior to WWH it project activities include Rehabilitation, Acquisition, 27 Environmental Assessment Checklist (continued, page 8) 5. Topography Types of Vegetation Slope Acres `b of I Area Soil Types (use USDA and SCS classification) I Forested Non-Forested Pine Hardwood Mixed Brush IGrassiand i Other 0 -5% i 5 -10% over 10`1e o. stream that surface runoff from project area drains into (illustrated relative position on maps used in Section): ❑ Yes Site includes/borders on ❑ Yes Site includes/borders on ® Yes Site includes/borders on ® No classified trout waters ® No estuarine waters ❑ No drinking water source The project will involve impoundment or withdrawal of water. If yes, mark impoundment on map. If impoundment is planned, the amount of water ❑ Yes ® No to be impounded is approximately acre /feet and surface acres /feet 7. Note classes of wildlife known to exist in the general area ❑ Bear ❑ Turkey 12 Small Game (squirrel, quail, rabbit, racoon, dove, etc.) ❑ Deer ❑ Waterfowl ❑ Endangered/Threatened Species (osprey eagle, alligator, red cockaded woodpecker, etc.) 8. Will proposed forestry practices such as burning clearcuthM or thinning have adverse effects on any of the above specials? Explain: LLE 9. Are proposed pesticides or herbicides known to have adverse effects on humans or any of the above species? Which pesticides /herbicides? Which species? fs=7 2u 28 Environmental Assessment Checklist (continued. page 9) 10. Give name, position and office telephone number of an individual in the a confirm the compatibility of the proposed activity with existing and /or poraprrate local government unit that can plans: g Proposed land use economic development Name: Tara L. Fixes Lnst all iv.L. btate permits, activity: Position: Housing /Community Phone: ( 9 or and license that must be- acquired to initiate and comoli Permit a) Stationary Air Contaminant Source b) Air Quality Complex Source c) Construction of Wastewater Pretreatment Facilities d) Wastewater Discharge (to surface waters) e) Approval to Construct Public Waters Facility 0 Dredge and Fill g) Withdrawal of Water from "Capacity Use Area" h) Erosion Control Plan 0 Zoning Change or Variance j) Coastal Resource Commission k) Noise Control Regulations 1) Others (list) I. Is project in compliance with applicable laws and regulations? ® Yes ❑ No 2. Is an EIS required? ❑ Yes ENO NC General Statute 143.215.108 143.215.109 143.215.1 143.215 97 113.229 143.2— 5.15 113 113A.118 153A.113 3. A Finding of No significant lmpanct (FONM can be made. pact will not significantly affect the quality of the human ertvironment. 13 Yes ❑ No Application Date I Approval Date 4. Send 14 copies of this ERR for State E vironntental/Clearinghouse Review To: Director, Division of Community Assistance. Suite 250. 1307 Glenwood Avenue, Raleigh, N.C. 27605 Prepared by Title i H i for Date: 5/5/91 29 29 Orange County Environmental Review Record Chestnut Oaks Housing Development.HD -1 APPENDIX (A)_- _SUPPORTING.DOCUMENTATION 30 March 1991 ENVIRONMENTAL REVIEW RECORD CONTPICTS 1. HISTORIC PROPERTIES Ms. Renee Gledhill -Early Environmental Review Coordinator N.C. Division of Archives and History 109 E. Jones street Raleigh, N.C. 27611 2. SOIL CONDITIONS Gregory R. Walker Orange County Soil and Water Conservation P.O. Box 8181 Hillaborough, N.C. 27278 3. ENDANGERED SPECIES, FISH, WILDLIFE, WILD AND SCENIC RIVERS Charles Roe N.C. Department of Environment, Health and Natural Resources, Division of Parks and Recreation N.C. Natural Heritage Program P.O. Box 27687 Raleigh, N.C. 27611 4. SOLID WASTE Arthur Mulberry, Regional Supervisor N.C. Department of Environment, Health and Natural Resources, Division of Environmental Management 3800 Barrett Dr. Suite 101 Raleigh, N.C. 27609 5. RECREATION Mary Ann Black, Director Orange County Parks and Recreation Department P.O. ftz 8181 Hillsborough, N.C. 27278 6. BEALTS CAM I "ATER Ai1D 58,7185 Dan Reimer, Director Orange County Health Department P.D. Box 8181 Hillsborough, N.C. 27278 31 March 1991 14. SOCIAL SERVYCES Martha Pryor -Cook, Director Orange County Department of Social Services P.O. Box 8181 Hillsborough, N.C. 27278 $. SOLE SOURCE AQUIFERS Arthur Mulberry, Regional Supervisor N.C. Department of Environment, Health and Natural Resources, Division of Environmental Management 3800 Barrett Dr. Suite 101 Raleigh, N.C. 27609 9. CONFORMANCE WITH COMPMMUMIVE PLANS AND ZONING Emily Cameron, Planner II Orange County Planning Department P.O. Box 8181 Hillsborough, N.C. 27278 10. MATER QUALITY Arthur Mulberry, Regional Supervisor N.C. Department of Environment, Health and Natural Resources, Division of Environmental Management 3800 Barrett Dr. Suite 101 Raleigh, N.C. 27609 11. AIR QUALITY Arthur Mulberry, Regional Supervisor N.C. Department of Environment, Health and Natural Resources, Division of Environmental Management 3800 Barrett Dr. Suite 101 Raleigh, N.C. 27609 ss A letter Kes sent to the above agencies requesting comment 00 the proposed CDBG activities. A sample of these letters sad their responses are in the Appendix of this document. 32 6 marc,. ' 99,1 Lear Orance County has received a preliminary Housing Development Grant award from the N.C. Department of Economic and Community Development to provide funds to be used for road construction /paving in the Habitat for Humanity sponsored Chestnut Oaks subdivision. Chestnut Oaks is a planned 34 unit subdivision located in the Bingham Township on the west side of Jo Mac Road (SR 1103) which will provide homeownership opportunities for low and moderate income persons. The subdivision has received Karel i,:ii.,ary plat approval from the County as a cluster subdivision containing 34 one -acre lots served by public roads, individual septic tanks and community wells, with 31.42 acres in open space. Seven of the homes in the development have been completed. The County is conducting an environmental assessment of the project to determine whether the project activities will adversely affect the neighborhood. In order to complete the environmental review, your assistance is needed. To facilitate your review, enclosed is a copy of the Preliminary subdivision map and a form which you may use to complete your review. Please feel free to provide additional comments and return to the address indicated on the form. Also, please inform us of any special permits which may be required as a result of the project. A prompt response would be appreciated and will assist us during the planning stages of project development. If you have questions, please feel free to contact me at (919) 732- 8181 extension 2490. Thank you for your assistance. Sincerely, Tara L. Fikes TLF /rw Director Enclosure 33 ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ENVIRONMENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD- 1/Housing Development Grant - Chestnut Oaks REVIEW ISSUE: ENVIRONMENTAL IMPACT: I have reviewed the proposed project determined that: A. Impact of Project on Environmental Review Issue _ (1) Project will have no significant ef_ fect upon _ ex_ isting conditions; OR (2) Project will have significantly adverse effect upon existing conditions. 8. Impact of Environmental Review Issue on Project ( 1 ) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existing conditions. Please check the appropriate response for both A and H. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. Date Signature Title Return to: Tara L. Fikes, Director Orange County Housing and Community Development Dept. Post office Sox 8181 Hillsborough, N.C. 27278 bpi? i 0 1591 North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary April 17, 1991 Tara Fikes, Director Orange County Housing and Community Development Department P.O. Box 8181 Hillsborough, N.C. 27278 Re: Chestnut Oaks Subdivision (Habitat for Humanity), Bingham, Orange County, ER 91 -7980 Dear Ms. Fikes: 34 Division of Archives and History William S. Price, Jr., Director Thank you for your letter of March 26, 1991, concerning the above project. We have conducted a search of our files and are aware of no structures of historical or architectural importance located within the planning area. However, since a comprehensive historical architectural inventory of Orange County has never been conducted, there may be structures of which we are unaware located within the planning area. Please send us photographs (Polaroid snapshots are acceptable) of any buildings in the vicinity of your project site that appear to have been built prior to World War II and key these photographs to a map that also shows the proposed site location. This information will allow us to complete our review of this project. If there are no pre -World War II structures please indicate this to us in writing. There are no knower archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any arebaaological resources which may be eligible for inclusion in the National INSUter of Historic Places will be affected by the project constructUm. Was, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East ]ones Street • Raleigh, North Carolina 27601 -2807 35 Tara Fikes April 17, 1991, Page Two Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill - Earley, environmental review coordinator, at 919/733 -4763. Sincerely, C� David Brook Deputy State Historic Preservation Officer DB:s1w cc: Division of Community Assistance, DECD ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 300 West Tryon Street 10 11 P.O. Box 8181 0PPORTUN11TY Hillsborough, North Carolina 27278 TARA L. FIRES Director 5 May 1991 David Brook Deputy State Historic Preservation Officer N.C. Department of Cultural Resources 109 East Jones Street Raleigh, N.C. 27601 -2807 Dear Mr. Brook: SATELLITE OFFICE: 103 Laurel Avenue Carrboro, N.C. 27510 Re: Chestnut Oaks Subdivision Bingham, Orange County ER 91 --7980 This correspondence is written in response to your letter of April 17, 1991 regarding the environmental assessment for the above referenced subdivision. Specifically, we asked for comments regarding any potential historic or architectural significant properties in the project area. In your letter you requested photographs of any buildings in the vicinity of the project site that appear to have been built prior to World War iI to enable you to complete your project review. Based upon site inspection of the area, there appear to be no such existing buildings. I hope this information will assist you. Should you need additional information, please feel free to contact me. Alf Sincerely, Tara Ike Director TELEPHONES: Main Office.. (919) 732 -8181 r 967 -9251 688.7331 • 227 -2037 Satellite Office: (919) 933 -1197 • 933 -1380 36 37 ORANGE COUNTY COP11,1U[d1TY DEVELOPMENT BLOCK GRANT ELI IRONME NTAL REVIEW RECORD LOCATION: Oranae County PROJECT: HD -1 /Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Soil Conditions ENVIRONMENTAL IMPACT: I have reviewed the proposed project determined that: A. Impact of Project on Environmental Review Issue X (1) Project will have no significant effect upon existing conditions; OR (2) Project will have significantly adverse effect upon existing conditions.. B. Impact of Environmental 'Review Issue on Project X ( 1 ) Fzoject will not be affected by existing conditions: OR (2) Proiect will be adversely affected by existing conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. COMMENTS: From the information given, it appears to be fairly good soil conditions. The Herndon soil has only moderate limitations for building and septic tank facilities. It also appears that the stream area will be left natural. This area indeed should be left as is, a much a� ssible. Siqnat e - Date Title Return to: Tara L. Fikes. Director Oranae County Housing and Community Development Dept. Fast office Box 8181 Hillsborouuh, N.C. 27278 38 �8 C��� ORAUGE COUNTY OMMUNITY DEVELOPMENT BLOCK GRANT ENVIRONPIENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD -1 /Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Endancrered Species, Fish, Wildlife, Wild and Scenic River ENVIROPMENTAL IMPACT: I have reviewed the proposed project determined that: A. Impact of Project on Environmental Review Issue (1) Froject will have no significant effect upon existina conditions; OR (2) Project will have significantly adverse effect upon existing conditions. B. Impact of Environmental Review Issue on Project L"� (1) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existing conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. COMMENTS: Signature Date Title Return to: Tara L. Fikes. Director Oi4tiaO County Housing and Cotnmuli i t y Development Dept:. Fost Office Box 8181 Hillsborouqh, N.C. 27278 3] eT' E 1- t � it +. fi�AY - ]EIL) T 2 State of North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 James G. Martin, Governor April 30, 1991 William L. Meyer William W. Cobey, Jr., Secretary Director MEMORANDIIM TO: Tara L. Fikes Director FROM: Michael A. Kelly Deputy Director SUBJECT: Environmental Assessment: Community Development Block Grant Project for Chestnut Oaks Subdivision, Orange County, North Carolina The Solid Waste Management Division has reviewed and commented on the above - referenced project. Please find enclosed separate comments from the Hazardous Waste Section, Solid Waste Section and Superfund Section. Should you have additional questions, please feel free to contact our office. MK:pj Enclosures cc: Lee Crosby Jerry Rhodes Jim Coffey An E*W Oppornsft A Mnnadve Acdon Employer 40 ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ENVIRONMENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD -1 /Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Solid Waste ENVIRONMENTAL IMPACT: I have reviewed the proposed project determined that: A. Impact of Project on Environmental Review Issue X (1) Project will have no significant effect upon existing conditions; OR (2) Project will have significantly adverse effect upon existing conditions. B. Impact of Environmental Review Issue on Project (1) Project will not be affected by existing conditions; OR X (2) Project will be adversely affected by existing cw,,Mions. Please check the appropriate response for both A and B.. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. COMMENT •n tat L4r. Mark Fry for additional details at 919 486 -119 Signature Date Return to: Tara L. Fikes, Director Orange County Housing and Community Development Dept. Post Office Box 8181 Hillsborough, N.C. 27278 *1. J. Hugh Edward Site SR 1104 2. OWASA Site on SR 1104 State of North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management P.O. Box 27687 • Raleigh, North Carolina 27611 -7687 James G. Martin, Governor William W. Cobey, Jr., Secretary April 26, 1991 To: Lee Crosby, Chief Superfund Section From: Mary Ganley Superfund Section Re: HD -1 /Housing Development Grant - Chestnut Oaks Orange County, North Carolina Community Development Block Grant Projects 41 William L. Meyer Director According to our current records, there are no CERCLA /Inactive Hazardous Sites located at the proposed CDBG project areas. In addition, there are no CERCLA /Inactive Hazardous Waste Sites located within four miles of the project areas. MCC /mg /oc.cdb cc:PD An Egwl Opportunity Aflimwad" Ackm fmplcyu 42 ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ENVIRONMENTAL RONM_ENTAL R_E_ V I EW RECORD LOCATION: Orange County PROJECT: HD -1 /Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Solid Waste ENVIRONMENTAL IMPACT: I have reviewed the proposed project determined that: A. Impact of Project on En_v_ironmental Review Issue (1) Project will have no significant effect upon existing conditions; OR (2) Project will have significantly adverse effect upon existing conditions. 8. Impact of E onmental _ _ on Project Review Issue (1) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existing cc,,,,iitions. Please check the appropriate response for both A and H. If (2) is checked as the response to either A or H, provide a brief explanation below or attach a letter documenting areas of concern. COMMENT T� a�.f! 5ignardare p Date r T i 1 e Return to: Tara L. 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I c j 11, ID r-i L In I , 'n q) -n Il -1 r'I , i.n • -i C'MI fm 'A) ou III .37 Ij IT M C x a '_T -T 7r X IIJ Q' 01 71 L U U TI TIP -1 0 -1 1, ­11, m U' At 7 %1 '7 X X X0 X"1 7 r m f i or" in rn TI YI ry III.) 10 L 1. ql t.Cj ill • 1, •to I_D t.Jfj k r1 "Lt Iv 41!LD "F, I t,- . 1 Cil .i -4 r 4 -4 171 1 1 1 r j L '111. it 11171r. I,to r�11A1L TI a if -,j log 'i 43 i 43 i LE ;17 ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ENVIROUNIENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD -1 /Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Recreation ENVIRONMENTAL IMPACT: I have reviewed the proposed project determined that.: A. Impact of Proiect on Environmental Review Issue ✓ t 1 ) Frr�:.ject will have ►io si�inificant effect upon existing conditions; OR (2) Project will have significantly adverse effect uo0n existing conditions. B. Impact of Environmentil.Review Issue on Project ✓_ ...._ _ - ( 1 ) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existing conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, 'provide a brief: explanation below or attach a letter documenting areas of concern. COMMENTS: Signat re Date Title Return to: Tara L. Fi1.es, Director Ui ange Cvun t y Housing and Community Development Dept. F,Dst Office Box 8181 Hillsborouvh. N.C. 27278 k Ms. Tara L. Fikes,'Director Orange County Housing and Community Development Department P. 0. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Fikes: Regarding the environmental assessment of the Chestnut Oaks project. I have asked our environmental health staff to review the project and ascertain the impact of the project on the environment and vice versa. Enclosed please find a copy of a memorandum to me from Ron Holdway. Environmental Health Supervisor. I hope you will find his very carefully worded letter sufficient for your purpose. He has confined his remarks to the aspects of the project over which the Health Department has some responsibility and has not extended his comments beyond that. Please call if we can clarify this position further. Sincerely, to- til IL t" I. E 1, t-•L,- Daniel B. Reimer. MPA Health Director DBR /src cc: Tony Laws, Environmental Health Director Enclosure SOUTHERN ORANGE OFFICE- Carr MIN MdM, Suite 225, 100 N. Ora W30ro St, Carrboro, N.C. 27510, (919) 968-2022 45 IE�'i�g� L�LI� • (9h00ge Couhtg Cl'�"Pfh (l epahtime"t h!AY - z 1991 Daniel B- Reimer, MPH, Director _ ENVIRONMENTAL HEALTH DIVISION t°u ^�" s/ 0 PERSONAL HEALTH DIVISION P.O. Box 8181, 306C Revere Road '• DENTAL HEALTH DIVISION ANIMAL CONTROL DIVISION h` *� .r r'- " ' ''? P.O. Box 8181. 300 W. Tryon Si P.O. Box 8181. 304 Revere Road r 1` Hillsborough, N -C. 27278 Hillsborough, N.C. 27278 Ir *' - 3= e� ors HILLSBOROUGH CHAPEL HILL '1'0 �> MEBANE '/6 DURHAM (919) 732.8181 (919) 967 -9251 (919) 227.2032 (919) 688 -7331 May 1, 1991 Ms. Tara L. Fikes,'Director Orange County Housing and Community Development Department P. 0. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Fikes: Regarding the environmental assessment of the Chestnut Oaks project. I have asked our environmental health staff to review the project and ascertain the impact of the project on the environment and vice versa. Enclosed please find a copy of a memorandum to me from Ron Holdway. Environmental Health Supervisor. I hope you will find his very carefully worded letter sufficient for your purpose. He has confined his remarks to the aspects of the project over which the Health Department has some responsibility and has not extended his comments beyond that. Please call if we can clarify this position further. Sincerely, to- til IL t" I. E 1, t-•L,- Daniel B. Reimer. MPA Health Director DBR /src cc: Tony Laws, Environmental Health Director Enclosure SOUTHERN ORANGE OFFICE- Carr MIN MdM, Suite 225, 100 N. Ora W30ro St, Carrboro, N.C. 27510, (919) 968-2022 Oftange County eaQtH I�epant�nent ENVIRONMENTAL HEALTH DIVISION P.O. Box 8181, 306C Revere Road ANIMAL CONTROL DIVISION P.O. Box 8181.304 Revere Road Hillsborough, N.C. 27278 HILLSBOROUGH (919) 732.8181 TO: DAN REIMER CHAPEL HILL (919) 987.9251 : FROM: RON HOLDWAY ItA DATE: APRIL 24, 1991 Daniel B. Reimer, MPH, Director. a �ednt� e/ pp N sa 10 a MEMORANDUM MEBANE '919) 227.2032 RE: ENVIRONMENTAL ASSESSMENT OF THE CHESTNUT OAKS DEVELOPMENT 46 PERSONAL HEALTH OIVISION DENTAL HEALTH DIVISION P.O. BOX 8181, 300 W. Tryon SL HInsborough, N.C. 27278 I have reviewed the letter from Tara Fike,; concerning the Chestnut Oaks subdivision and the County's environmental assessment of the project. Based on our department's work in the development, I can relate only what e'raluations, studies, and permitting have been done by us to this point. All the sites in phases 2 and 3 have been evaluated by us and all do have a usable area for an on -site sewage disposal system. Some of the lots in phase 2 have already been permitted and a few systems are also in operation. The sites in phase 3 have yet to be confirmed after survey. To my knowledge, all systems in operation are currently functioning properly. In response to Tara's questions, on -site sewage disposal systems provide a environmentally sound method of treating and disposing of domestic waste water if they are installed, operated and maintained properly and in accordance with design parameters. The home owner becomes the principle Party in completing most of these procedures. Because of these variables, it becomes impossible to state in a blanket fashion that the project will not adversely affect the existing conditions. Also, many of the environmental factors that could be adversely affected are not within the Environmental Health Division's purview. As a point of clarification, the homes in the neighborhood will not be served by community wells. The developer has chosen to put clusters of 3 -4 homes on one well and that well would be owned and operated by those 3 -4 homes only. This Procedure is being done in order to avoid the community well classification. A community well by defiAAtion serves more than 15 connections or more than 25 People. SOUTHERN ORANGE OFFICE: Cart MW Mall. Salta 225, 100 N. Greensboro St. Carrboro. DURHAM (919) 688.7333 f Each well that has been drilled since the inception of the project has been sited so to maintain setbacks from potential sources of contamination and to keep the well in well drained areas. There have not been any complaints concerning the water supplies in operation in the development. Limited sampling conducted by us have not shown any contamination. I will be glad to address any further questions concerning our work in the Chestnut Oaks development. As I stated to you on the phone, I do not believe we can accurately sign the blanket statements enclosed in Tara's letrer. 47 48 P ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRAIN ENVIRONMENTAL REVIEW RECORD LOCATION: Oranae County PROJECT: HD- 1iHousina Development Grant - Chestnut Oaks REVIEW ISSUE: ZG('t�dL Gd.PvVl� ENVIRONMENTAL IMPACT: I have reviewed the proposed project deter rained that: A. I -mwauL of Proiect on Environmental Review Issue t� -- 11) Project will have no significant effect upon existing conditions; OR (2) Pro iect will have sigiiif icatitly adverse effect upon existing conditions. B..Imoact of Eilvi.ronmental Review Issue on Proiect (11 Proiect will not be affected by existing conditions: OR (2) Proiect will be adversely affected by existina conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern- COMMENTS: go. 5/ Da a - - -- - ... - Signal re Title Return to: Tara L. Fikes. Director Oranae Countv Housing and Community Development Dept. Post Office Box 8181 Hillsborouqh, N.C. 27278 a ORANGE COUNTY C-OMMUNITY DEVELOPMENT BLOCK GRANT_ ENVIRONMENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD- 1,'Housing Development Grant - Chestnut Oaks REVIEW ISSUE: Sole Source Aquifers ENVIRONME14TAL IMPACT: I have reviewed the proposed project determined that: A. Impact_ of Froiect on Environmental Review Issue (1) Project will have no significant effect upon existing conditions; OR (2) Proiect will have significantly adverse effect upon existing conditions. S. Impact of Ezxvir zimental Review Issue on Project_ 1 ( ) Project ect ] will not be affected by existing conditions; OR (2) Project will be adversely affected by existing conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. COMMENTS: 4ia Cie- -� Signa ure ON Date Title Return to: Tara L. Fikes, Director Oianae County Housing and Community Development Dept. Post office Box 8-( 81 Hillsborough, N.C. 27278 49 50 Fri -'r, '5, E) 1991 ORAUGE COUNTY CQMMUNTTY DEVELOPMENT BLOCK GRANT ENVIRONMENTAL REVIEW RECORD LOCATION: Orange County PROJECT: HD- 1 /Housina Development Grant - Chestnut Oaks REVIEW ISSUE: Confoimance with Comprehensive Plaits and Zoo i ng ENVIROOMENTAL IMPACT: I have reviewed the proposed project deteiminea that: A. IlnpacL if Fruiecl on Environmental Review Issue X (1) Project will have no significant effect upon existing conditions; OR (2) Project will have significantly adverse effect upon existing conditions. B. Impact of Environmental Review Issue on Project X.- _ (1) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existina conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or H, provide a brief explanation below or attach a letter documenting areas of concern. coMMEvrs: TN>r PlZa4r-CT w(LA, 4&Vp aj( AC)Vep4r. ("FAcr a,J F-)Q5T-WC, CoA.1D('rJ6AJ57 6UT w1u, BE DEVE.LopeEp A.Gcort.v(Aiq TO ALL. AFFU CAOLF- Z4ILJ 1AJC1' l✓ 5U5P(V(5(0AJ 1zN0L-Ari7pN5 10 oevep. 10 p-eWc p H lAl(M(LG �vvERsc ,t�fl^EGTs. (K Pdc7 - -._.. Sign at� __ _. _. 4 - ! $ - 9 ( LAUVxdPR AR�(T�/ P(�WAJ M Date Q _. ~ Tit . le Return to: Tara L. Fikes, Director Orange County Housing and Community Development Dept. Post office Box 8181 Hillsborouqh, N.C. 27278 I ORA[IGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT E:NViRONMEI-TAL REVIEW RECORD LOCATIOU: Orancie County PROJECT: HD- I; Housiria Develor)irient Grant - Chestnut Oaks REVIEW ISSUE: .Dater ULAa1 it ENVIR014HEUTAL I1-1PACT: I have reviewed the proposed project deteirnined that: A. Impact o. Project on Environmental Review Issue 11) Project will have no significant effect upon existing conditions; OR _ (2) Project will have significantly adverse effect upon existing conditions. B. Itnpact of Environmental Review Issue on Project _ (1) Project existing conditions; OR (2) Project existing conditions. will not be affected by will be adversely affected by 51 Please check the appropriate response for both A and B. If 12) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. - AIT -1, : -r [sJS T ,yq c.) u�� �tid�. %a�yvr.e•.� •kus -= Se COMMF,N,rs : . ,r ` , f, ' {L / 5',9 A1c4 G a 3 D� v V -. , � J C. i.. c• e e a•- .� ..e GcJ. '710.0- S , * 4* �r al [ -Z /y ca S /S"";L A/c 4 c.. 2 a. 0 u. � �`c C Gate /. iti'i r7�J �i,� . �� t�/�v n S v ♦ .1 c C 'e - Signature cb Title Return to: Tara L. Fikes, Director Oxanae County Housing and Community Development Dept. Fast Office Box 8181 Hillsbox-ouah, N.C. 27278 VEU, APR 161991 ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT, EUV I RONMENTAL REVIEW RECORD LOCATION: Oratlue County PROJECT: HD- 1iHousina Development Grant - Chestnut Oaks REVIEW ISSUE: Air Quality ENVIRONMENTAL IMPACT: I have reviewed the proposed project deter mined that: A. Impact of >?zoject on Environmental Review Issue �- (1) Project will have nb significant effect upon existing conditions; OR (2) Project will have significantly adverse effect ucon existing conditions. B. Impact of Environmental Review Issue on Project .. _ 11) Project will not be affected by existing conditions; OR (2) Project will be adversely affected by existing conditions. Please check the appropriate response for both A and B. If (2) is checked as the response to either A or B, provide a brief explanation below or attach a letter documenting areas of concern. COMMENTS: Signature Date TitleO Return to: Tara L. Fikes, Director Orange County Housing and Community Development Dept. Post office Box 8181 Hillsborough, N.C. 27278 52 n COMBINED NOTICE NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE TO PUBLIC OF REQUEST FOR RELEASE OF FUNDS May 24, 1991 County of Orange C/O Orange County Housing and Community Development Dept. P.O. Box 8181 300 W. Tryon Street Hillsborough, N.C. 27278 (919) 732 -8181 Ext. 2490 TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: On or about June 17, 1991 the County of Orange will request the North Carolina Department of Economic and Community Development to release Federal funds under Title I of the Housing and Community Development Act of 1974 (PL 93 -383) for the following project: PROJECT TITLE Culbreth Park Housing Development Program PURPOSE OF NATURE OF PROJECT Construction of a 34 unit single family subdivision which will provide approximately 34 homes for prospective low /moderate income homebuyers. CDBG funds will be used for road construction including paving of the roads serving the subdivision. LOCATION OF PROJECT Bingham Township, Orange County, North Carolina CENSUS TRACT Tract 107 53 54 Purpose of Notice This Notice is intended to meet two separate procedural requirements of 24 CFR Part 58: (1) To provide notice to the public that the County of Orange has determined that the request for release of funds for the above named project will not have a significant impact on the environment, (2) To provide notice to the public that the County of Orange is requesting the release of funds for the Chestnut Oaks CDBG Project. Finding of No Significant Impact It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of the human environment and accordingly the County of Orange has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91 -190). The reasons for such decision not to prepare such Statement are as follows: 1. The findings of the the Environmental Review indicate that the adverse impacts to human and natural environment are not significant and can be minimized by appropriate safeguards. 2. The proposed community revitalization project will improve the community conditions for the project area residents. 3. No negative comments were received from the statutory and related agencies. An Environmental Review Record respecting the within project has been made by the County of Orange which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying upon request at Room A -25 between the hours of 8:00 a.m. and 5:00 p.m. No further environmental review of such project is proposed to be conducted prior to the request for release of Federal funds. 55 Public Comments on Finding All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by the County of Orange to the Orange County Housing and Community Development Department, P.O. Box 8181, 300 W. Tryon Street, Hillsborough, N.C. 27278. Such written comments should be received at (the address specified) on or before June 17, 1991. All such comments so received will be considered and the County of Orange will not request the release of Federal funds or take any administrative action on the within project prior to the date specified in the preceding sentence. Release of Funds The County of Orange will undertake the project described above with Block Grant funds from the North Carolina Department of Economic and Community Development under Title I of the Housing and Community Development Act of 1974. The County of Orange is certifying to DECD that Moses Carey, Jr., in his official capacity as Chairman, Board of Commissioners consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decisionmaking and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval the County of Orange may use the Block Grant funds and DECD will have satisfied its responsibilities under the National Environmental Policy Act of 1969. OBJECTIONS OF STATE RELEASE OF FUNDS DECD will accept an objection to its approval only if it is on one of the following bases: (a) that the certification was not in fact executed by the certifying officer or other officer of applicant approved by DECD; or (b) that applicant's environmental review record for the project indicates omission of a required decision, finding or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to DECD at 1307 Glenwood Avenue, Suite 250, Raleigh, North Carolina 27611. Objections to the rel stated above will no received after June Comments must specify significant impact or ease of funds on bases other than those t be considered by DECD. No objection 30, 1991 will be considered by DECD. whether they concern the finding of no the intent to request release of funds. The applicant is the County, North Carolina Moses Carey Jr., Chair, 109 Court Street, P.O. May 24, 1991. County of Orange, located in Orange and its chief executive officer is Orange County Hoard of Commissioners, Sox 8181, Hillsborough, N.C. 27278. 56 - ` ORANGE COUNTY 1 BOARD OF COMMISSIONERS Action Agenda Item No. \;Q ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: O -P -C Mental Health Agency Building Renovations ------------------------ - - - - -- --------------- ------------- --- - -- DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ------------------------- - - - - -- ----------------------------------- ATTACHMENT(S): Correspondence INFORMATION CONTACT: County Manager From OPC Mental Health TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To consider request from Orange - Person- Chatham Mental Health Agency to expand office space at the Southern Orange facility. BACKGROUND: At the May 6, 1991 Commissioners Meeting OPC Mental Health requested approval to construct an approximately 1400 square feet addition to the County owned Southern Human Services Building #2. The Agency submitted information outlining the need for additional space and a funding plan. Correspondence submitted also indicated the OPC Board had approved the construction proposal and appropriated $145,000 from their fund balance to fund most of the project. OPC also requested 21,500 from the County to complete funding for the project. The Board asked OPC to solicit public input before pursuing construction plans. OPC has contacted most of the neighborhood residents and will conduct a public meeting on May 17, 1991. Tom Maynard, Area Director, will present the results of the public meeting. RECOMMENDATION(S): Contingent on reponses from neighborhood residents, approve request to construct an, addition to Southern Human Services Building #2 and allocate $20,000 from the current CIP. APR 4 2 ORANGE- PERSON - CHATHAM MENTAL HEALTH, Telephone 919- 929 -0471 DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY • FAX 919 - 968 -1318 ` Area Office 333 McMasters Street Chapel Hill, North Carolina 27516 Area Director Thomas J. Maynard April 3, 1991 Mr. John Link, County Manager Orange County Administrative Offices 109 Court Street Hillsborough, North Carolina 27278 Dear John: I am writing to formally request approval from Orange County for OPC to proceed with plans to enlarge and renovate the Northside #2 site. In addition, we are requesting a commitment from the county in the amount of $21,500 to assist in funding the project. As you know, OPC has planned to purchase a modular unit to be placed near the Northside facility. This current request represents a change from that plan. I have attached a document prepared by our staff which reviews our space needs at Northside and outlines our proposal. We are desperately in need of additional space, and the current space is poorly organized for its current use. This has compromised service delivery and has resulted in inefficiencies such as lost insurance income due to the difficulty of supervising our accounts receivable department which is spread throughout the building. Our plan to use a modular unit in addition to renovating the first floor of the Northside building has run into obstacles. It may not be best for the neighborhood, will cost more than originally projected, and is at best a temporary solution. We are therefore proposing an addition to the Northside building, a more permanent solution, that will cost only $21,500 more than the previous plan. This plan is less offensive to the neighborhood, preserves valuable land at the site, and allows better integration of functions within the Northside building. The OPC board has already approved the plan and has appropriated $145,000 from fund balance to fund 87% of the project. We urge your support of this proposal. We hope to complete the project as soon as possible to relieve our serious problems with overcrowding. Created Under The Provisions of N.C. General Statute 1220 -117 Mr. Link, Page 2 Thank you for your consideration of this request. If I can supply any further information, please let me know. Sincerel yours, Thomas J. Maynard Area Director TJM /jwb 3 History of Growth at OPC Number of Staff in 1980'- 90 Staff Number of Staff in 1990 - 200 Staff 122% Growth in 10 Years Current area most in need of relief is Northside Community Mental Health Center which was renovated and occupied in 1978 by a staff of 35. Today there are 63 staff housed in the building and OPC cannot accommodate even one more staff member. After conducting a spatial needs assessment, acquiring a free- standing modular and renovating the lower level of our current building seemed to be the most cost effective way to address the Northside space problem. We encountered serious problems in siting the modular due to sewer encroachments and costs that were higher than orginally planned. Therefore, the space committee recommends that we abandon the modular plan and instead construct an addition to Northside Building #2. This is in addition to the renovation project. PHASE I Construct addition This is instead of feet). No special involves less that (Northside complex square feet.) It is use permit. to Northside, approximately 1400 square feet. modular acquisition (241X 58' or 1392 square use permit is required since the addition 5% of the total Northside site square footage. square footage is 28,590, 5% of which is 1424 necessary only to modify the existing special PHASE II Renovate lower level of Northside Building #2. Net gain is ten offices, four to five secretarial areas, better flow and improved departmental groupings. PHASE III Acquire and renovate Northside Building #1 when Southern Orange Human Services Building is complete. F1 z 5 In June of 1990 the OPC Board approved a plan to complete the lower level renovation and to acquire a modular. Amounts approved included up to $50,000 for the modular (excluding architect fees, phones, moving, security, sidewalk access, decking, etc.) and $95,000 for the renovation ($8500 of this is architect fees). Cost per Cost per Cost per Cost per Rental square foot to square foot to square foot to square foot fo Modular Purchase purchase: $36.00 (based on $50,000) rent: $15.00 renovate: $28.40 r addition: $64.28 Renovation Renovation (With Modular) With Addition Addition 1 Year $ 20,160 $ 50,000* $95,000 $65,004- $70,000 $90,000 10 Years $201,600 $ 50,000 *Does not include expenses such as phones, moving, security systems, sidewalk access, decking, etc., $38,428 for building, delivery, set -up and skirting. The renovation expenses decrease slightly due to elimination of certain items previously planned that can now be done more inexpensively due to the immediate proximity of the addition. Total Modular ($50,000) and Renovation ($95,000) _ $145,000 Total Addition and Renovation ($160,000 + $6500 *) = $166,500 Increased Cost - $ 21,500 *Architectural fees will increase to $15,000 ($6500 additional cost) making total $166,500. Above are rough estimates of expected costs. OPC will need to follow the laws for local government that regulate bid procedures. N M t j J Constructing a permanent addition is preferable in the following ways: (1) Keep all staff in same facility, no problems of proximity. (2) It is permanent, not temporary space. (3) Avoids sewer problems, taps into existing sewer. (4) Little or no neighborhood impact. The only disadvantage is that permanent construction is certainly more expensive than a modular ($64 /sq.ft. as compared to $36 /sq.ft.) and it is more time consuming. In a preliminary meeting with County officials, approval in concept was given to us as well as an informal plan to consider funding $20,000 towards this project. Proceed with plan to build an addition to Northside Building #2 instead of acquiring a modular, and complete the previously planned renovation. 3 ORANGE COUNTY BOARD OF COMMISSIONERS I Action Agenda Item No. VIM-4 ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: PLANNING PROCESS FOR SOUTHERN HUMAN SERVICES BUILDING DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX ----------------------- ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 PLANNING PROCESS /AUGUST, 1989 Telephone Number- Hillsborough -732 -8181 Chapel Hill -967 -9251 Mebane -227 -2031 Durham - 688 -7331 PURPOSE: To review and reaffirm the planning process for the Southern Human Services Center, established by the Board of Commissioners in August, 1989. BACKGROUND: In August, 1989 the Commissioners endorsed a planning process for the Government Services Building and the Southern Human Services Building. The process is basically complete for the Government Services Building which is scheduled for bid June 6, 1991. Upon authorization from the Board of Commissioners to complete the land acquisition process for the Southern Human Services Building, we will be in a position to solicit Requests for Proposal for architectural services. In accordance with the August, 1989 planning process, the Planning Committee should be formed in order to address their first task; interviewing design firms and making a recommendation to the Commissioners. As you may recall, there are three primary charges given to the Planning Committee: 1 Interview and recommend the Architect to the Board of Commissioners; 2. Review and recommend a final schematic design to the Board; and 3. Review and comment on design (interior) drawings. r 2 We suggest that the Planning Committee be comprised of the following: County Commissioner Town of Chapel Hill Representative A representative from the neighborhood in which the building is to be constructed County Manager, John Link Assistant County Manager /Human Services, Albert Kittrell County Engineer, Paul Thames Purchasing & Central Services Director /Project Coordinator, Pam Jones ex officio members to include: Marvin Collins, County Planning Director or his designee Roger Walden, Chapel Hill Planning Director or his designee We anticipate that the Requests for Proposal could be recieved during July, 1991, which would allow the Board to consider contract approval for an architect at their August 5, 1991 meeting. Following initial meetings among the Architect, the Planning Committee and County Departments with their respective Boards, the Board of Commissioners will be brought up to date regarding a proposed project completion timetable. RECOMMENDATION: Reaffirm the planning process; and specifiy the Board's representative to the Planning Committee. SHB5691 3 PLANNING PROCESS FOR: GOVERNMENT SERVICES BUILDING SOUTHERN HUMAN SERVICES BUILDING It is proposed that there be two planning committees; one for the Government Services Building and one for the Southern Human Services Building. Duties of the two committees would include the following: ..Interview architectural firms and recommend one to the Board of Commissioners. ..Review and recommend the final schematic design to the Commissioners. ..Review and comment on design (interior) drawings. PROPOSED PROCESS 1. Commissioners adopt the process and authorize the Manager to form the Planning Committees. 2. The Committee will follow the prescribed selection process to hire design professionals and return a recommendation to the Commissioners. 3. Following the selection process, the Architect will meet with the Planning committee and with Orange County Departments who will potentially be affected by the new facility. During this phase, the Architect will also meet with the Commissioners to discuss their general concerns as well as to address any specific needs they identify. The Architect will subsequently incorporate the comments to the extent possible and produce a recommendation regarding the amount of space needed, type of space needed and the location of each function within the building. Upon completion of this phase of the programming process, the Architect will meet with the Planning Committee and with County Departments to ensure that their comments have been translated into the design in the manner intended. 4. The Architect will develop two schematic designs and will present them to the Committee and to all Commissioners who wish to attend, as well as present the designs in a regularly scheduled Commissioner's meeting. Note: Per Board request, April, 1991, the plans for the Southern Human Service Building will displayed both in Southern Orange and in Hillsborough. Plans will be on display for approximately two weeks to encourage further public comment. Following the two week period, the Architect will be directed to continue schematic design development with the preferred site design. 5. The Architect will present fully developed schematic design to the public and to the Commissioners at a public meeting. This will be the final review of the schematic design unless the requested changes are significant. 6. Following the schematic design process, the Architect will work with County Departments to prepare design development drawings. The Planning Committee and County staff will review and comment. The Architect will incorporate comments and make revisions as needed. 7. The Architect will present design drawings to the Commissioners and the public at a public meeting. The Architect will receive Commissioner and public comment. Commissioners may direct revisions as they see fit. 8. Interwoven throughout these steps at various stages of the project, the Architect will submit the appropriate documents to the Town of Chapel Hill and /or the County's Planning Department. Following conversations with the Chapel Hill Planning Director, it appears that the regulatory process will take about six months. K 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. i/_I- D ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: CONTRACT APPROVAL; COMMUNICATIONS SYSTEM COVERAGE EVALUATION AND SYSTEM UPGRADE RECOMMENDATIONS DEPARTMENT: PURCHASING /EMS PUBLIC HEARING YES: NO: XX ---------------------------------------------------------------------- ATTACHMENT(S): INFORMATION CONTACT: Pam Jones Attachment A-- example of computer or Nick Waters generated terrain map Telephone Number - Attachment B - -time table Hillsborough - 732 -8181 Attachment C - -cost proposal Chapel Hill -967 -9251 Attachment D-- contract Mebane --227 -2031 Durham - 688 -7331 PURPOSE: To consider approving a contract with RF Projects, Raleigh, NC to conduct an evaluation of current radio communication capabilities and to recommend upgrades as needed. BACKGROUND: Over the past several years it has been brought to our attention that the radio coverage for Emergency Management functions has been less than desirable. There are numerous "dead spots" within the County where radio transmissions will not reach police, fire or ambulance personnel. When these problems were identified, the County contacted a State engineer who assisted with the technical evaluation regarding transmitters and mobile radio equipment. The State provided assistance to their level of expertise, but could not lend assistance in the evaluation of antenna functions, nor mapping of the areas, etc. They did, however, highly recommend RF Projects to assist us in reaching a solution. The coverage analysis to be conducted by RF Projects is to be completed in five phases as follows: Phase I involves a technical evaluation of the current equipment, using as a basis the preliminary work done by the State, with recommendations for any changes or repairs which could yield an immediate improvement in performance. Phase II produces a computer based model of the terrain in the County and its effect upon radio propagation (see Attachment A). From this information areas shadowed by the terrain can be determined. 2 RF Projects will prepare technical specifications (Phase III) from which to bid upgrades deemed necessary as a result of their analysis of existing conditions. Following receipt of bids for the equipment, RF Projects will assist in the technical evaluation of bid responses (Phase IV). Phase V calls for a performance evaluation following the system changes,'as well as a final report detailing the changes in equipment and system performance. It is estimated that this work can be accomplished in approximately 20 weeks (see Attachment B), at a total cost of $11,900 (see Attachment C). Funding for this project is included in the Capital Improvements Program. RECOMMENDATION: Approve a contract with RF Projects for communications system coverage evaluation and system upgrade for a sum of $11,900; and authorize the Chair to sign on behalf of the Board. I V 3 County on radio propagation from each of the two current sites. Terrain factors are reported to be the primary cause of poor radio coverage in the County. The computer simulation of the area surrounding the Eno Mountain site clearly illustrates the terrain which is affecting radio propagation. Computer simulation of Orange County terrain within a square, ten miles per side, centered on the Eno Mountain base station site. Those areas which are now shadowed by terrain at the fire and rescue frequencies will be determined. The relative importance of these shadowed areas will then be evaluated in consultation with your office. We are prepared to meet with you and representatives of the various County agencies to discuss reception problems. WPROJECTS corporation TECHNICAL APPROACH: I. Technical Evaluation of Current Equipment A. Vehicle (Fire Marshall) radios I. Measure transmitter output 2. Measure receiver sensitivity 3. Determine antenna performance 4. Becomes standard for comparison B. Base Stations 1. Antennas a. Measure electrical characteristics b. Inspect 2. Feedlines a. Measure electrical characteristics b. Inspect 3. Radios a. Measure transmitter output b. Measure receive sensitivity 4. Report and recommendations Estimated duration (from start of project) .... ............................... 2 weeks II. Coverage Study A. Current system 1. Current sites a. Eno Mt. b. FLOB c. Orange Central ' PROJECTS corporation 11. Coverage Study (continued) 2. Evaluate current coverage a. Areas covered by base stations b. Areas covered from mobiles c. Areas covered from portables d. Areas not covered 3. Rank importance of areas not covered Estimated duration (from start of project) .... ............................... 3 weeks B. Options for coverage improvement I. Modification of current sites a. Increased antenna height b. Different antenna c. Different antenna mounting 2. New base station site(s) a. Other existing towers b. New locations C. Evaluate potential for improvement 3. Auxiliary receiver site(s) a. Fire stations b. Other C. Potential new sites d. Evaluate potential for improvement e. Calculate increased coverage area f. Calculate cost /benefit ratio 4. Potential new sites a. Fire stations b. Other IfFPROJECTS orporation 5 6 11. Coverage Study (continued) C. Recommend system improvements 1. All appropriate improvement plans 2. Cost /benefit assessment for each 3. Recommend specific plan(s) Estimated duration (from start of project) .... ............................... S weeks III. Upgrade Documentation A. Prepare Bid Specifications B. Prepare necessary FCC applications for license changes Estimated duration (from start of project) .... ............................... 7 weeks IV. Technical evaluation of bid responses A. Evaluate bids for compliance with specifications B. Written recommendations Estimated duration (from receipt of bids) ...... ............................... 1 weeks V. Final Approval A. Evaluate performance of system after additions B. Recommend acceptance after any needed changes C. Prepare final report describing changes in equipment and system performance Estimatedduration (from acceptance) ............ ............................... 2 weeks IfFPROJECTS orporation Y I COST PROPOSAL: Phase I. Technical Evaluation of Current Equipment $ 2,450.00 Phase H. Coverage Study $ 4,950.00 Phase III. Upgrade Documentation $ 2,000.00 Phase IV. Technical Evaluation of Bid Responses $ 1,000.00 Phase V. Final Approval $ 1,500.00 Total Cost $ 11,900.00 Terms: Net 30 days on completion and acceptance of each phase of project. Prices firm for 90 days. ' PROJECTS corporation M O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 21, 1991 Action Agenda Item # _C C SUBJECT: PROPOSED RESOLUTION FOR CONSIDERATION BY THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider whether the Board of Commissioners wishes to submit any resolutions to be considered at the annual N. C. Association of County Commissioners Conference, August 15 -18, 1991. BACKGROUND: Please refer to attached memorandum from Ron Aycock. RECOMMENDATION: As the Board decides. I �opSH CAROL to spy • 1 : �ti!' O,p GO NCACC Conference Memo COUNT, P. Q. Box 1488, Ralei lt, NC 27602 -1488 * (919) 832 -2893 1991 Annual Conference N.C. Association of County Commissioners August 15- 18,1991* Winston - Salem, N.C. TO: County Board Chairmen, County Managers, Clerks, and Affiliate Presidents FROM: C. Ronald Aycock, Executive Director DATE: Ap�il 17,1991 There are several items related to the NCACC Annual Conference in Winston -Salem on August 15 -18 which need your immediate attention. Registration and program information on the conference will be mailed out in early May. PROPOSED RESOLUTION Association President Darrell Frye has asked that resolutions to be considered at Annual Conference be submitted to the Association office no later than Friday, July 19, 1991. This dale Nvill enable us to publish proposed resolutions in Couplyl-ines-prior to the beginning of our Conference. The rules governing the resolutions process are set forth in Article VII, Section 1, of the Association Constitution, which reads as follows: SECTION 1: Submission of Resolutions to Resolutions Committee. A resolution may be submitted for consideration by the Resolutions Committee at the Annual Meeting of the Association in one of'the following ways: 1. By official action of a member board of county commissioners; 2. By official action of a standing or special committee of the Association; 3. By official action of an affiliate organization of the Association; By motion of a member of the Resolutions Committee. 2 S @i The Board of Directors will meet as the Resolutions Committee during the Annual Conference on the following dates: Thursday, August 15 -10:00 a.m., Winston -Salem Hyatt Hotel Friday, August 16— 3:30 p.m., Benton Convention Center (if needed) NEW PR 'EDURE FOR HANDLING LEGISLATIVE, RESOLUTIONS Due to the continued confusion created by having legislatively oriented resolutions considered at both the Annual Conference quid at the Legislative Goals Conference, the Board of Directors voted last year to adopt a new policy concerning the handling of legislative resolutions proposed at Annual Con- ference. Thus, any proposed resolutions with legislative impact will be forwarded by the Board of Direc- tors (acting as the Resolutions Committee) to an appropriate Association steering committee. The steer- ing committee will be directed to review the resolution and forward it to the Legislative Goals Com- mitee, which will meet during the fall of 1991. The Legislative Goals Committee will then recommend action on the goal to the Board of Directors. Since the Association does not sponsor another Legislative Goals Conference until December, 1992, the Board itself is responsible for adopting any revisions or ad- ditions to the current legislative goals package. The county or affiliate group proposing the legislative –OVER- 9 resolution will be notified at the Lousiness Session at Annual Conference and afterward by letter "01 ich steering committee the resolution has been ref;:rred to for study. Please note that counties and cItfiliate. groups are still encouraged to propose resolutions for Annual Conference, especially those with non - legislative impact (i.e. federal issues, state agency issues, etc.) P I.I ,Y . TAT ,NIE TS Enclosed in this mailing is a copy of the Association's Policy Statements concerning Intergovernmental Relations, Public Education, Taxation and Finance, Human Resources and Environment. The intent of the Policy Statements is to give continuity and consistency in the Association's policy positions and are included in the publication of Legislative Goals adopted in December, 1990. Counties and affiliate groups also can propose amendments to the Policy Statements for consideration at Annual Conference, but these too must be submitted to the Association office no later than .July 19, 1991. OUTSTANDING-COUNTY C MMISSIONER AWARD One of the Association's major awards at the Annual Conference is the Outstanding County Commik;- sioner Award which is presented to a county commissioner who has made special achievements and ef- forts during the past year of service. These efforts should positively affect county government throughout the state. To nominate a commissioner for the 1991 award, please send a nominating letter and any supporting materials to: NCACC, P. O. Box 1498, Raleigh, NC 27602-1488. Nominations must be received by ,July 3, 1991. QQQR PRIZE SOLICITATION' There will be a significant change in the Door Prize System this year_ Due to a dwindling number of items submitted to give away as exhibit hall or spouse program gifts, there will be a change in the types and number of prices solicited to give away. Each county is asked to submit at least ONE PRIZE WORTH AT LEAST $100 to give away as an exhibit hall grand prize or as a Saturday night banquet grand prize. We will not have drawings for small gifts at every exhibit hall booth, but these will be one central drawing box to handle several grand prize drawings. PLEASE DO NOT SUBMIT ANY PRIZES WORTH LESS THAN $100 AS WE HAVE NO PROCEDURE FOR DiSTRIBUTING THEM. If you do bring a door prize, please identify it as follows: 1. Place an identification card on the prize which lists the name of your county, the name and ad- dress of the donating business and the name of the county official responsible for the donation (if applicable.) 2. Compile a master list of this information for all prizes donated through your county and give this to Teresa Johnson when you bring your prizes to the Conference. FOR MORE INF RMATI N For more information on the Annual Conference, please contact Debra Holley at (9 19) 832- 2893. 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W f� 7 ~' � �•0.� � ~ n Cr.� A� O ~ O p fD A 0 CD P —T H fD uq 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21 1991 Agenda Abstract Item # V SUBJECT: HISTORIC INVENTORY GRANT DEPARTMENT: Planning PUBLIC HEARING: YeS_X_No ATTACHMENTS: INFORMATION CONTACT: 5/1/91 Notification Letter Planning Director X2592 Memorandum of Agreement Grant Application PHONE NUMBERS: Draft RFP Hillsborough 732 -8181 Consultant List Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider: (1) accepting a $5,000 Survey and Planning Grant from the State Historic Preservation Office to conduct a historic properties inventory in Chapel Hill Township; and (2) approval of a Request for Proposals (RFP) to be sent to consultants interested in undertaking the project. BACKGROUND: At its January 22, 1991 meeting, the Board of Commissioners authorized the County Manager to apply for up to $5,000 from the Survey and Planning Grant Program administered by the State Historic Preservation office. The amount would be used to conduct an inventory of historic sites and structures in the unincorporated portions of Chapel Hill Township. Refer to the attached application for a complete project description. The Planning Director was notified on May 1, 1991 that the application had been approved. To receive the grant, the County must sign the attached Memorandum of Agreement and provide certification of matching funds. This must be accomplished by May 31, 1991. The County share would consist of $5,000 cash and a $5,000 in -kind contribution. Professional services funds in the Planning Department budget would be used to cover the cash match. The in -kind contribution includes supplies and equipment expense, and Planning Department staff time on the project. Personnel and operating expenses will be covered in the FY 1991 -92 Planning Department budget. No increase in staff /operating expenditures will result from the inventory project. The Town of Chapel Hill also received a grant to complete survey work within the corporate limits. The Town and the County are hopeful of employing the same consultant and beginning the project by mid - July, 1991. The State Historic Preservation Office has supplied a list of interested consultants and approved a draft Request for Proposals. Acceptance of the grant and approval of the RFP would enable the Administration to recommend a consultant at the Board's June 25, 1991 meeting and begin the project on schedule. RECOMMENDATION: The Administration recommends that the County Manager be authorized to sign the Memorandum of Agreement, provide certification of matching funds, and send the Request for Proposals to prospective consultants. La rf North Carolina Department of Cultural Resources Office of the Secretary James G. Martin, Governor May 1, 1991 Mr.. Marvin Collins, Planning Director, 306 F Revere Road Hillsborough, NC 27278 Re: Orange County Survey /Chapel Hill Township Grant Amount: $ 5,000 Dear Mr. Collins: 3 Patric Dorsey, Secretary Thank you for your application for 1991 grant funds made available to the State Historic Preservation Office (HPO) of the North Carolina Division of Archives and History. These funds come from the Historic Preservation Fund (HPF) administered by the U.S. Department of the Interior, National Park Service (NPS). A total of fifteen grant applications were received from eligible applicants, requesting $46,000 in matching federal assistance. Your application is one of seven that have been selected from the group of excellent proposals for possible funding. Among the factors considered in the evaluation of potential projects were the character of the resources to be studied, the number of work products in relation to the amount of money invested, and degree and quality of support (administrative and financial) provided by the applicant. The enclosed Project Notification, approved by the National Park Service, is a brief report of anticipated project activities and costs based on your grant application. A more detailed project description will be developed after your review of the Project Notification, acceptance of the grant and certification of matching funds. To convey your agreement with the enclosed project outline and grant award, please sign both copies of the enclosed Memorandum of Agreement (MOA) and return them with your Certification of Matching Funds by May 31 to: Ms. Lloyd D. Childers, grants administrator, State Historic Preservation Office, Division of Archives and History, 109 East Jones Street, Raleigh, NC 27601 -2807. If you have questions, you may contact Ms. Childers at (919) 733 -4763. 109 East Jones Street • Raleigh, North Carolina 27601 -2807 (919) 733 -4867 Mr. Marvin Collins Page Two May 11 1991 Included among the materials accompanying this letter is information about a Grants Workshop to be held in Raleigh on Wednesday, ,tune 5, 1991. The meeting will include an orientation to the grants program by the grants administrator, as well as the opportunity to meet with staff specialists assigned to your project. At the beginning of the afternoon session, I will have the privilege of presenting grant award certificates to those project representatives who attend the workshop. Certificates will be mailed to those who cannot attend. I hope that you or your designee will be able to join us in this ceremony and take advantage of the workshop. Thank you again for participating in Carolina. We look forward to working completion of your project. Sincerely, Patric Dorsey, Secretary Department of Cultural Resources PD:ro Enclosures cc: The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable the historic preservation program in North with you through the successful Kenneth C. Royall, Jr. Russell G. Walker Ralph A. Hunt Howard N. Lee Joe Hackney Anne C. Barnes F11 H 5 PROJECT NOTIFICATION Title: Orange County Architectural Survey /Chapel Hill Township Area Affected by Project.: County of Orange Grant: 37 -91 -60083 Total Project Cost: $ 15,000 Congressional District: #4 Federal Share: $ 5,000 Nonfederal Share: $ 10,000 Type: New 1. Subgrantee: County of Orange 2. Nonfederal Matching Share: Donor: County of Orange Source: County funds Kind: Cash In -Kind $ 5,000 Amount: $ 5,000 3. Budget: Personnel $ 12,220 Office, telephone, supplies, copies 980 Travel and per diem 460 Film /developing 890 Miscelaneous 450 $ 15,000 4. Purpose: This is Phase I of a multiphased county -wide survey of Orange County. Orange County is under intense development pressures, with the Chapel Hill township perhaps the most intense. The county's land use planning program is extremely advanced, and the findings of the survey will be actively integrated into the planning process. The purpose of the Phase I project is to identify, record, and evaluate historic properties in the Chapel Hill township, according to the Secretary's standards for identification and evaluation and to integrate these into the county's land use plan. The Principal Investigator and project coordinator will meet qualifications of 36 CFR 61. Products: It is estimated that approximately 300 dwellings and 50 other types of buildings will be examined and recorded through inventory forms and /or mapping, according to state and federal standards. Photographs, oral history, documentation, and other materials will be included in the resulting files. NATIONAL PARK SERVICE ' SURVEY AND PLANNING GRANTS MEMORANDUM OF AGREEMENT This Memorandum of Agreement is herein entered into this 1st day of Mav 1991 by the Division of Archives and History, hereinafter known as the Division,, and the County of Orange the Grantee, for and in consideration of a federal grant in the amount of five thousand ($ 5.000 ) dollars, for the purpose of identifying, reeordin and evaluating historic properties in the Chapel Hill tow_ nship_of Orange County. -T-his project is Phase I of a multiphased county-wide survey. The tot:alorojyect cost �wilT be at least $10,000 and end by Se tember 30, 1992. The Grantee agrees to match such grant with funds, or donated property, equipment, and services from nonfederal sources within the grant period, and to use such grant and matching funds, or donated property, equipment, and services for the purpose hereinabove specified, and to furnish such reports and documentation, financial or otherwise, as may be specified by the North Carolina Department of Cultural Resources, Division of Archives and History. Project activities shall be performed according to the Secretary, of the Interior's Standards for Archaeology and Historic Preservation *, under the guidelines and professional supervision of the Archaeology and Historic Preservation Section. Lobbying with Appropriated Funds: Historic Preservation Fund (NPS) grants must conform to provisions of 18 USC -1913: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or its Department or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business." Certification of Matching Funds and Method of Reimbursement: The Grantee will certify matching funds either by a statement of deposit from a local bank or by a statement from a county or municipal official. The Division agrees to reimburse the Grantee up to 50% of all expenditures for project as described. Upon request, the Division will advance the Grantee twenty -five percent (25 %) of the Division's share of the project cost. After satisfactory documentation of this advance, including an equal amount of matching share, two additional advances may be requested. However, the final twenty -five percent (25%) will be reimbursed only after satisfactory project completion. Method of Accounting and Documentation of Project Costs: The Grantee agrees to maintain accurate records of all expenditures related to the project. Copies of invoices and either canceled checks or computerized print -outs will be used to substantiate expenses. Expenditures for salaries, materials, travel and per diem, and printing costs must be documented by canceled checks or print -outs and substantiated with references to hours worked, type of materials, amount of travel, etc., as applicable. Donated services and materials must be documented through time and attendance records or by a statement of justification of value for materials. Overhead costs require specification of location and justification of costs based upon a standard negotiated cost form or a statement establishing a reasonable rate for overhead. GRANTEE DIVISION OF ARCHIVES AND HISTORY DEPARTMENT OF CULTURAL RESOURCES (Typed Name and Title) Signature Date Deputy State Historic Preservation Officer Date 11 7 / 1991 SURVEY AND PLANNING GRANT APPLICATION FORM State Historic Preservation Office North Carolina Division of Archives and History I. PROJECT INFORMATION (Please type or print with black ink) Inventory of Historic Sites and Structures Project title: Townc;hip. a County, NC Project Type: Archaeological Survey: Architectural Survey: X National Register Nominations: Other (specify): Landscapes Local Matching Funds: (non- Eederal) Attach separate list if necessary Donor: County of Orange Source: General Fund Date Available:: Available now but also on 7/1/91 Kind (cash /other): Cash Amount: $5.000 II. APPLICANT INFORMATION Contact Pt:r5on._Mar Title: Planning Director Address: .306E Revere Road Hill5b-orough, NC 27278 Telephone: (,,,) 73-2-81BI Extension 2592 Applicant Organization or Agency: County of Orange Loral Project Coordinator: Same as Contact Person Address: Telephone: Z/ S AN TI 1/28/gl Utticer of Sponsoring Organization DATE III. #WTRACT OF PROPOSED PROJECT: On a separate sheet, please describe in one well developed paragraph exactly what will be accomplished with the grant and matching funds, including in- kind contributions. Applications for architectural surveys should include an estimate of the number of acres and properties to be surveyed. Historic_ Preservation Office staff are available for assistance in developing the project description, including an estimated budget. The Project Abstract may also include one or two additional paragraphs describing methods to be employed or information on how the proposed project fits into an overall plan of preservation activities for your community. For example, if this is Phase II of a four -phase :action plan, what was Mist., I and when was it completed, and how will Phases III and IV build on Phases I and II? PLEASE LIMIT THE ABSTRACT TO THREE DOUBLE SPACED TYPEWRITTEN PAGES. i III. ABSTRACT OF PROPOSED PROJECT: F Since the inception of its comprehensive planning program, a goal of Orange County has been the completion of detailed inventories of its cultural, historical, recreational, biological, and geological resources. In 1986, the Planning Department completed a general listing of such sites in the unincorporated portions of the county. While some field surveys were conducted for site verification purposes, the listing was based exclusively on existing documentation. In 1988, a Master Recreation and Parks Plan was prepared for Orange County. During the same year, the Triangle Land Conservancy completed an Inventory of Natural Areas and Wildlife Habitats of Orange County. These studies provided the detailed inventory of recreational, geological, and biological sites. Orange County is now applying for Survey and Planning Grant Funds with which to undertake an inventory of historic sites and structures. Rather than initiating a county -wide inventory, Orange County wishes to begin with an inventory in the unincorporated portions of Chapel Hill Township, a 34,000 -acre area which contains approximately 300 dwellings built prior to 1939. There are several reasons for this approach. First, the Town of Chapel Hill, a Certified Local Government, is also ,applying for funds to update historic district inventories and produce a survey of historic sites and structures in the remaining portions of its incorporated area. The Town of Carrboro has been extensively surveyed, and any remaining inventory work will be accomplished with local resources. Orange County and the Town of Chapel Hill would like to work, cooperatively by employing the same consultant. The end product will be a complete inventory of historic sites and structures in Chapel Hill Township. e r 9 Second, Chapel Hill Township is the most urbanized and populous portion of the county. Almost 70% of the county's approximately 54,000 citizens reside there. In addition, over 20% of all building permits issued since 1585 have been for new construction in the unincorporated portions of Chapel Hill Township. During the past decade, development has added 2,500 new residents to the unincorporated areas, most being housed in scattered, low- density subdivisions. The area's 22% growth rate is 5% higher than the remainder of the county as well as Chapel Hill. Third, since 1584, Orange County, Chapel Hill, and Carrboro have, through a mutually adopted agreement, jointly prepared and administered land use plans for the southeastern portion of the county. an area which inc=ludes Chapel Hill Township. Recently, joint planning efforts have focused on developing strategies for preserving the rural character of a designated Rural Buffer area. The strategies have been developed by a Study Committee comprised on farmers, developers, environmentalists, and preservationists, and range from conventional two -acre lot subdivisions to rural villages. The strategies have received enthusiastic support, and the Study Committee is now focusing on the remainder of the county. Using the same basic approach; e.g., township -to- county -wide expansion, Orange County would like to develop a means of identifying rural landscapes. The methodology is based on the master's thesis of the Project Coordinator and would utilize viewshed definition techniques; data from the on -going historic sites inventory; existing natural areas and landscape inventory data; local histories of area development; and property research. The methodology would then be used in subsequent inventory efforts to identify sites, structures, and landscapes. Finally, the Chapel Hill Township inventory will be the first of a four -phase project. The second phase will consist of an inventory of the 10 remaining portions of the county, including the identification of rural landscapes. Orange County will work cooperatively with Hillsborough and Mebane by assuming responsibility for inventories in the unincorporated areas. Utilization of the same consultant for both municipal and county inventories will also be sought. The third phase will 'consist of two parts, including the publication of a county -wide inventory and the preparation of an Historic Preservation Element as part of the Comprehensive Plan. Orange County will seek the support of municipalities and private interests in publishing the inventory. The Planning Department will prepare the Historic Preservation Element. The final phase will consist of preparing nominations for the National Register of Historic_ Places. All phases will be subject to local funding approval as well as the availability of Planning and Survey Funds. Ii C:. 1991 SURVEY AND PLANNING GRANT APPLICATION FORM Page Two VI. BUDGET: AN ESTIMATE OF PROJECT COSTS * Line Items Principal Consultant Si:cre:tary Project Coordinator Other Personnel (specify) Planning lReef-P Office space Telephone Travel and Per Diem (1) (2) Grant Funds Cash Match In -Kind Match 40n 5 4400 -L--53-0— Sao _$ 2,240 11 Total $ 8,800 S 590 590 $ 2,240 --- --� S _44o A 44o $:J_S n S 150 —1r, milers @ -2-25 /mile ,tea days @ U /day $ i��-- Film and Dev,21oping Office Supplies .taps Camera (purchase/rental) Printing and Copying Ocher (specify) TOTALS $ 95 --$- --.� 7g) S 150 $ 60_- 1 0 180 $ 450_ $ 190 _L___2 Z_0 40 $ 150 $ is o $ 1;50 180 $ 450 ',),, - 00 _- =, 55 000 Budget Notes: (1) Cash funds must be :available for payment of salaries, travel, film and developing. Be sure that grant funds are matched with sufficient non- federal cash match to meet this requirement. (2) In-kind contributioals could include office space, telephone costs, photocopying, supplies, indirect costs and proje :r_L coordination, provided they are essential Lo the project and properly documented. Matching funds must constitute 50% of actual costs. Recurn bv 1/31/91: ALcn. Llo d Childers, State Historic. Preservation Office, N.C. Division of Archives sand HisLOry, 109 E. Jones, Raleigh, INC 27601 -2807 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 V ¢ REQUEST FOR PROPOSALS Submission Deadline: June 12, 1991 Architectural Historian Consultant Services Attn: Marvin Collins, Planning Director Orange County 306F Revere Road Hillsborough, North Carolina 27278 919/732 -8181 Extension 2592 12 Orange County is seeking a professional consultant to conduct a comprehensive survey of the unincorporated portions of Chapel Hill Township. The project is Phase I of a multi - phased county -wide survey of the county. Project Description Orange County is under intense development pressure, with Chapel Hill Township experiencing the most intense pressure. The Coun :y's land use planning program is extremely advanced, and the findings of the survey will be actively integrated into the planning process. The purpose of the Phase I project is to identify, record, and evaluate historic properties in the unincorporated portions of Chapel Hill Township. It is estimated that approximately 300 dwellings and 50 other types of buildings will be examined and recorded through inventory forms and /or mapping. Project activities will include field surveys, research, compilation of files, and interpretation necessary to produce _he inventory. All elements of the project must be completed in accordance with standards set forth by the State Historic Preservation Office, Division of Archives and history, N.C. Department of Cultural Resources. Copies of all documentation and photographs provided to the State Historic Preservation Office will be provided to Orange County. During the course of the project, the consultant will make at least two public presentations with the assistance of the Project Coordinator. project Schedule The project will take approximately four months to complete. A preliminary starting date of mid -July, 1991 is desired. All work must be completed by September 30, 1992. Project Budget The total project budget is $15,000, funded by $10,000 from Orange County and a $5,000 Survey & Planning Grant. The County's total share includes $5,000 of in -kind services and materials. The total cash amount for the project is $10,000. $8,800 is budgeted 13 specifically for the consultant's salary. Consultant Selection ualifications Consulting firms will be evaluated in part on the basis of the following criteria: 1- The person /firm must have performed satisfactorily on previous surveys and /or National Register nominations, as indicated by the State Historic Preservation Office; 2. The person /firm must have adequate experience and staff -o perform the work required, including previous work in the Chapel Hill, Orange County, and /or Research Triangle area; 3. The person /firm must have the ability to meet the time schedule established for the work; and 4. The person /firm must meet the qualifications of 36 CPR 61. The Town of Chapel Hill has also received a Survey and Planning Grant as a Certified Local Government. The Town is sending out a separate Request for Proposals for its project. Though separate projects, it is the desire of Orange County and the Town of County to employ the same consultant. Preference will thus be given to a consulting firm interested in and submitting proposals on both projects. Although familiarity with the area will be a consideration in the selection, it will not be the controlling criteria. Submission of Proposals Consulting firms interested in the project are invited to submit a Proposal, including a statement of qualifications which addresses the above mentioned criteria. References and samples of previous work must be submitted as part of the proposal. Proposals must be submitted to Orange County by 5.00 p.m. (DST) on June 12, 1991. Proposals may be mailed or delivered to: Marvin Collins, Planning Director Orange County 306F Revere Road Hillsborough, North Carolina 27278 Telephone: 919/732 -8181 Extension 2592 All proposals received will become the property of Orange County and will be evaluated to determine which proposal most closely meets the requirements of the County. At the discretion and option of Orange County, oral interviews may be conducted with one or more firms to assist in the selection process. Orange County reserves the right to reject any and all proposals and to accept the proposal most favorable to the County. 14 CONSULTANTS WHO HAVE EXPRESSED INTEREST IN THE ORANGE COUNTY: CHAPEL HILL TOWNSHIP SURVEY AND PLANNING:PROJECT MAY, 1991 Black and Black Ms. Allison Harris Black and Mr. David Black 620 Willis Forest Street Raleigh, North Carolina 27605 919/828 -4616 Longleaf Historic Resources Ms. M. Ruth Little 2709 Bedford Avenue Raleigh, North Carolina 27607 919/836 -8128 Ms. Mary L. Reeb 608 Laurel Hill Road Chapel Hill, North Carolina 27514 Ms. Mary Beth Gatza 228 -E East Seventh Street Charlotte, North Carolina 28204 704/342 -2268 Mr. Barry Jacobs 2201 Moorefields Road Hillsborough, North Carolina 27278 919/732 -4941 Ms. Ardell Jarratt 9707 Morgantown Road Bowling Green, Kentucky 42101 Ms. Lynn David 1334 -1/2 State Street Bowling Green, Kentucky 42101 Source: State Historic Preservation Office Division of Archives & History N.C. Department of Cultural Resources Raleigh, North Carolina i O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 1 Action Agenda Item # - M -& SUBJECT: AMENDMENTS TO THE EROSION CONTROL ORDINANCE. DEPARTMENT: Planning ATTACHMENT(S): February 25, 1991 Public Hearing Minutes. March 18, 1991 Draft Planning Board Minutes. Proposed Amendments. PUBLIC HEARING Yes X No INFORMATION CONTACT: Warren Faircloth Ext. 2586 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: To consider proposed amendments to the Erosion Control Ordinance. This item was presented at public hearing on February 25, 1991. BACKGROUND: The North Carolina Sedimentation Control Commission allows local governments to enforce their own erosion control programs under certain conditions. One of the conditions is that the local ordinance conform to the Commissions Model Ordinance. The Model Ordinance was revised by the Commission in 1990. The majority of the proposed amendments are for updating the County's Ordinance to conform with the Model. Additional amendments are proposed by staff and are noted as such in the commentary. Amendments will also be made to the Chapel Hill Erosion Control Ordinance which is administered by the County staff. There were no comments on the amendments at the public hearing. The Planning Board approved the amendments without comment. The County Attorney recommends adoption of alternative wording for Section 26. The suggested wording and explanation is included in the second paragraph of the commentary on page 11 of the 4 -1 K amendments. RECOMMENDATION: The Administration recommends approval of the proposed amendments to the Erosion control Ordinance, including the changes to Section 26 recommended by the County Attorney. s 3 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: Erosion Control Ordinance : Sections 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 19, 21, 22, and 26 ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public X Other: N.C. Sedimentation Control Commission STAFF PRIORITY RECOMMENDATION: X High Middle Low PURPOSE OF AMENDMENTS: To update the Ordinance so that it conforms with the State's Model Ordinance, to improve enforcement and administration, and to improve the readability of the Ordinance. IMPACTS /ISSUES: The amendments necessary to conform to the State's Model Ordinance: add definitions; require increased protection for High Quality Waters; allow enforcement action against forestry activity; allow consideration of an applicant's past performance in granting erosion control plan approval; increase the penalty for violations from $100 to $500 per day; and make other administrative changes. Amendments proposed by staff: add headings to the text, a table of contents, and an index to improve readability; clarify the jurisdictional boundaries; add a basic control objective so that site designs are compatible with erosion control standards; clarify the imposition of conditions of approval to erosion control plans; and make minor administrative changes. More detailed explanations of these changes are included in the text of the proposed amendments and the accompanying commentaries. EXISTING AND PROPOSED ORDINANCE PROVISIONS: Refer to the attached amendments and commentaries. PLANNING BOARD REVIEW: March 18, 1991 BOCC REVIEW: 4 sooner than April 1, 1991. V E: UNANIMOUS 4. Erosion Control Ordinance Amendments This presentation was made by Warren Faircloth. In summary this item was presented to receive citizen comment on proposed amendments to the Erosion Control Ordinance. The North Carolina Sedimentation Control Commission allows local governments to enforce their own erosion control programs under certain conditions. One of the conditions is that the local ordinance conform to the Commissions Model Ordinance. The Model Ordinance was revised by the Commission in 1990,and the majority of the proposed amendments are for updating the County's Ordinance so that it conforms with the Model. Additional amendments are proposed by staff and are noted as such in the commentary. The amendments will also be made to the.Chapel Hill Erosion Control Ordinance which is administered by the County staff. THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer this item to the Planning Board for a recommendation, to be returned to the Board of Commissioners no sooner than April 1, 1991. VOTE: UNANIMOUS 5. Proposed Historic Preservation Commission Ordinance This presentation was made by Marvin Collins. In summary this time was presented to receive citizen comment on a proposed ordinance which would, upon adoption, establish a Historic Preservation Commission for Orange County, including mechanisms for the identification and preservation of historic sites and structures. In 1986, the Planning Department completed preparation of An Inventory of Sites of Cultural Historical Recreational Biological and Geological Significance i.n the Unincorgorated Portions of Orange -County. While some field surveys were conducted, the inventory was based almost exclusively on existing documentation. In 1988, a Master Recreation and Parks Plan was prepared for Orange County. During the same year, the Triangle Land Conservancy completed the Inventor of Natural Areas and Wildlife Habitats of Orange County. These studies provided a more detailed identification of sites than identified in the 1985 inventory. A goal of the Planning Department and Planning Board has been the completion of the detailed inventories through a survey of historic sites and structures. Discussions were held with representatives of the N.C. Preservation Fund and NCDCR about ways and means of preparing an inventory and preserving historic sites and structures. They recommended that Orange County consider adopting an ordinance to establish a Historic Preservation Commission, empowered to conduct an inventory, prepare a preservation plan, and administer programs for the preservation of both individual sites; e.g., landmarks, and historic districts. Following the meeting, NCDCR provided Staff with a model ordinance e Burklin expressed concern with the lack of screening. Kirk responded that the Board could require a 75 -foot buffer which would be a Type E buffer. 5 ® p Discussion followed regarding allowing the use p only during daylight hours. Waddell stated that if the proposed driving range was in a different zoning area, not residential, lighting would be perfectly adequate. MOTION: VLSI t4 MOTION: VOTE: MOTION: VOTE: Kirk continued that the ordinance requires a 200 - yard wide area on the driving range, 350 yards from the tee. This was taken from the Durham County and Winston -Salem /Forsyth ordinances. He noted that the information from the National Parks and Recreation Association recommended 690 feet which is 230 yards. He indicated the Board could change the width requirement from 200 yards to 230 yards. Jobsis asked Kirk if he felt the 200 yard width was sufficient and Kirk responded yes. Eidenier stated that her concern was with the lighting and a secondary concern with increased traffic. Burklin moved approval of the proposed amendment with the deletion of 8.8.6.2 f) which refers to lighting and amend 8.8.6.2 g) to read: Service shall be halted at dusk. Lighting of the drivin and practice range is not permitted. Seconded by Boland. Unanimous. c. Erosion Control Ordinance Text Amendments No presentation required. A copy of the amendments is an attachment to these minutes on page Eddleman moved approval. Seconded by Waddell. Unanimous. d. Proposed Historic Preservation Ordinance No presentation required. A copy of the abstract information is an attachment to these minutes on pages A copy of the ordinance is on file in the Planning Department. Waddell expressed concern with the rights of property owners who own property within areas that might become designated historic districts. Burklin moved adoption of the Historic Preservation Ordinance. Seconded by Eddleman. 4 in favor. (Cantrell left the meeting at 9:30 p.m. prior to this vote.) 1 opposed (Waddell - concern already noted). 2 abstained (new members). Amendments to the Orange County 6 Soil Erosion and Sedimentation Control Ordinance Notes: The underlined text will be added to the Ordinances and the crossed - through text deleted. Most of these amendments are required by the North Carolina Sedimentation Control Commission for the Ordinance to comply with the State's Model Ordinance. Other amendments not required by the State are noted in the commentary as being proposed by the staff. All Sections of the Ordinance The subheadings underlined and in this font shown in the following amendments will be added and others, not shown in this document, will be added throughout the Ordinances to improve readability. Every example of these headings is not included in these amendments because they do not change the Ordinance. Section 3 Definitions Coro leti n of Construction or Development: that no furLej land- listurbin activi is mguired on a base of a POO 'ect exceyt that which is Rw;esjM for establis ' a rmanent gmund cover. COMMEAT MY.• This definition will be added to the Ordinance. Department: means the North Carolina Department of Envifonment. Health and Natural Resources. COMMENMY.• The name of this State agency has been changed. DischgW Point: means that into ints at w 'ch ruffloff leaves a tract of land. COAIWMARY.• This definition will be added to the Ordinance. High QMity W : means those classified as such in 15A NCAC 213.0101(e) .5 - General Procedures which is into rated herein -by ref gence to include further am is t to G.S. 150B -14 c . Ex lane Note: The co late affi—cial definition of High QWily Waters is contained in 15A CAC 2B.0101 5 - General Procedures. In eral h Waters are defined by the Division of End nn=tal Manaement as those M21018 whic are: those ted as gxcell t based on biological and h sisal/ characteristics• native trout waters• ri or functional nurse areas• critical habitat water su 1 wa eds which are either classified as WS -I or WS -II or those for which a formal mfition for reclassification as WS -I or WS -II has hM received by the Division- of Environmental Mena a t• and all Class SA shellfish waters. COARY.• This definition along with the note will be added to the Ordinance. High QualijLWAter (How) zones: means areas the Coastal Counties that are within 575 feet of High Oualijy Waters and for the remainder of the state areas that are within one mile and drain to H W's. COALINNTARK High Quality Waters in Orange County are Un wmltyLake (WS -I) and Cane Creek (WS_ I) watersheds and the North and South Forks of the Little River (proposed WS-I) because of their water supply watershed classifications. Seven Mile Creek would become an HQW if the requested change to its classification is approved by the State. 5 -9 -91 Local Govermwt: means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this 7 Antiele the Act. C011 1T1'ARY.• This change corrects the reference to the Act, the N. G Sedimentation Pollution Control Act of 1973. Section 4 Jurisdiction Ssepe and Effect COMMENTARY.• The title of this section is ganged for the addition of the jurisdiction (see below) and 'Scope Nis deleted in this section and added to Section 4 below. Jurisdiction This ordinance shall jRRIX within Oran a County, iwqluding the munici 'ties of Carrboro Hillsborou h and the g9rtion of Mebane within Orange -Counly, but excluding the in ci al boundaries and glmnkg extraterritorial limits of Chapel Hill. COA&W.N!ARY.- This change is proposed by the staff This statement is added to clearly specify where the County's and Chapel Hill's ordinances apply so there is no confusion over jurisdiction. Chapel Hill's ordinance will state "within the Town of Chapel Hill and its extraterritorial jurisdiction. " Effect It shall be unlawful, within the jurisdiction of this Ordinance, to engage in land - disturbing activity, except as provided herein, without first obtaining a permit as required by this Ordinance and without complying with the conditions of the issuance of said permit. Conflicts and duplications among portions of this Ordinance shall be resolved in favor of the more stringent regulation. Whenever conflicts exist between federal, state or local laws, ordinances, or rules, the more restrictive provision shall apply. Section 5 Scope and Exclusions (County -wide) b. Forestland Those undertaken on foresdand for the production and harvesting of timber and timber products and which are co ducted in accordance th Forest Practice Guidelines Related to Water uali t management ractices as ado ted by the meat. If land-disturbin g activi undertaken on forestland for the iRroduction and harvestin of timber and timber roducts is not conducted in accordance with Forest Engctt cff Guidelines Related to Water Quality. the provisions of this ordinance shall apply to such activity and any related land isturbing activity on the tract; and- COMMENTARD This amendment allows exceptions to the forestry exclusion where the landowner fails to implement best management practices to prevent erosion and off `'site sedimentation, protect streams, and stabilize disturbed areas. Enforcement action can be taken against these sites when voluntary cornplumce with the standards does not occur. d. State Jurisdiction Those land- disturbing activities over which the State by statute (G.S.113A- SUa)); has exclusive regulatory jurisdiction, which are activities: (1) Conducted by the State, (2) Conducted by the United States, 2 5 -9 -91 (3) Conducted by persons having the power of eminent domain, (4) Conducted by local governments, (5) Funded in whole or in part by the State or the United States. COMMENIIRY' This change is proposed by the staff. The reference to the specific statute will be added. Section 7 Basic Control Objectives . An Erosion and Sedimentation Control Play may be disc roved puMMt to Section 18 of this ordinance if the Rlan fails to ad-dress the Lollowing cQntrol objectives: COMMENTARY.- This amendment to the first paragraph in this section will make it clear that plan approval can be denied if the objectives in Section 7 are not met. b. Ran for Erosion Con troI - Desigil the develo meat and are the site plan so that the necessary sediment -tra in devices d erosion control measures can be accommodated and are accessible for maintenance and removal - O rve the nQuimments and standards in QMge Coun 's Soil Erosion and Sediment Control Manual. COMMEENIARY.• This is an amendment proposed by the staff. Tile purpose is to ensure that erosion control is considered and incorporated into the site design during the early stages of planning the development and not left as an afterthought. A plan can be denied when erosion control standards cannot be met because of a conflict with the site design. This paragraph will be inserted in the text and the letters of the following paragraphs adjusted. Section 8 Mandatory Design and Performance Standards for Land - Disturbing Activity No land- disturbing activity subject to the control of this ordinance shall be undertaken except in accordance with the following mandatory standards: a. Buffer Zone L. No landAim6ing activi durin ods of construction or i ement to land 1 be 22rmitted in DMiMity to a Igh or WhMd wate urse ugnlMs a buft zone ia.1provided along the mu gig! of the watercourse of su cient width to con a visible siltation within thw twee -five RRMt 25 of the buffer a nearest the W-disturb1112 activily. Waters ft have been classified as trout waters bY the RAVir—OMEM-W Mana t Co ssion 1 have an undisturbed buffer zone 25 feet de or of sufficient width to confine visible siltati within the twen -five RMNt 25 % of the buffer zone nearest the land-digurbing activily, whi Never is ter. Provided. however, that the Counix may aggmve glans which include land-disturbing activily along trout waters when the duration of said disturbance would be tempoMa and the extent of said disturbance would be minimal. This subdivision shall not Wly a 1 to a land-disturbina activLq in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. L. Be 25 foot minimum width for an undisturbed buffer zone ad'acent to desigapted trout waters shall be measured horizontally from the LoR of the bank. 3 5 -9 -91 omwetie with the eamtruetion of . L. No landAim6ing activi durin ods of construction or i ement to land 1 be 22rmitted in DMiMity to a Igh or WhMd wate urse ugnlMs a buft zone ia.1provided along the mu gig! of the watercourse of su cient width to con a visible siltation within thw twee -five RRMt 25 of the buffer a nearest the W-disturb1112 activily. Waters ft have been classified as trout waters bY the RAVir—OMEM-W Mana t Co ssion 1 have an undisturbed buffer zone 25 feet de or of sufficient width to confine visible siltati within the twen -five RMNt 25 % of the buffer zone nearest the land-digurbing activily, whi Never is ter. Provided. however, that the Counix may aggmve glans which include land-disturbing activily along trout waters when the duration of said disturbance would be tempoMa and the extent of said disturbance would be minimal. This subdivision shall not Wly a 1 to a land-disturbina activLq in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. L. Be 25 foot minimum width for an undisturbed buffer zone ad'acent to desigapted trout waters shall be measured horizontally from the LoR of the bank. 3 5 -9 -91 3. Where a kM22M and minimal disturbance is 2EMitted as an exqMgtion by Section 8 a 1 of this ordinance land- disturbin activities in the buffer zone adiacent to designated trout waters shall 9 L* limited to a maximum of 10 of the total length Qf the Lw zone MdflIja the tract to be batted such that there is not mom than 100 feet -of disturbance in each 1000 linear feet of buffer . I er areas ma be disturbed with the written NMMval of the Director of the Divi ' of Land Resources of the D arttnent of Environment, ealth and Natural Resources. 4. No land-disbmbing activity shall be undertaken within a buffer zone ad'acent to desienaW trout waters that will cause adverse temperature fluctuations as set forth in 15. NCAC 28.0211 Fresh Surface Water Classification and Standard4, in these waters. C0AfiWFVTlRY.• The buffer requirement has been revised and strengthened for trout waters. Deere are no trout waters in Orange County; however, according to the staff of the Sedimentation Control Commission, the references must be included for the Ordinance to conform to the State's Model. c. Ground Cover Whenever land- disturbing activity is undertaken on a tract comprising more than 20,000 square feet, if more than 20,000contiguous square feet are uncovered, the person conducting the land disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient . to restrain erosion after completion of construction or development. Ez as _provided in Section 8 (d) (2) (e) of this ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days, whichever period is shorter, following completion of co struction or develo meat. COMME11fTlRY.• This change highlights the exception in the amendment to 8 (d) (2) (e) requiring faster stabilization in High Quality Water zones. d. Design and Performance of Control Measures 1. Except as proyjlded in Section 8 d 2) (b) of this Ordinance- and in the standard for sediment Rgg.ds in the Soil Erosion and Sediment Control Manual grosion and sedimentation control measures structures and devices shall be so Tanned ed and constructed as to provide rotecti from accelerated emsion and sedimentation from the calculated maximum Bak rates of nMff from the ten- ear ftguency storm. Runoff rates shall be calculated using the procedures in the USDA Soil Conservation Services National Engineering Field Manual for Conservation Practices, or other calculation procedures acceptable to the Erosion Control Officer. 2. In Mgh Qgdja water MM zones the following dgji gm standards shall Mply. a. Uncovered main W zones shall be limited at an time to a maximum total area of 20 acres 2dthin the boundaries of the tract. the RgIfion of the land-disturbing activily within, W zone shall be &0@MjLd b this section. Lar er ma be uncovered within the es of the tract with the written roval of the for of the Division of Land Resources of the Department of _Environment. Health, and Natural Resources. b. Emakagn and sedimentation contra measures structures and devices within HOW zones shall be so Rlanned, desiZago, and constructed to RE2vide 2MWfion from the runoff of the 25- ear do rm 3wj)ich Broduces the maximum Mk rate of runoff. The 2gk rate of runoff shall be calculated according to in dxe United States RgWment o A 'culture Soil Conservation Service's National Engineering Field Manual or Conservation Practices or according to procedures ado ted by-an other aMcl of this state or the United States or M Le&eralLy reconigg organization or association. L. Sediment R9nds also called "sediment basins" W zones shall be desi ed and constructed such that the Rqnd will have a settling efficiency of at least 70 for the 40 micron 0.04 size soil Micle transported into the basin by the Eunoff of that 2-year 4 5 -9 -91 storm which Rmduces tbg maximum Rok rate of o - The mk rate of off shan be calculated rMrding to nEMgd M in the U 'red States Dandmol of AgTiculture So' Consery tion cs's ational n ineerin Field Manual for Conservation &acticej or 10 rd:m to RMgghM aftWd by My othq anacy of Ws state or tho United States or an tY recd tion or association. COALNEWLIRY.• The purpose of the change in the above paragraph is to require a higher level of sediment- trapping efficiency in High Quality Waters (refer to the definition in Section 3). For a number of reasons, however, this change has little practical impact in Orange County. (1) the amendment specifies improved performance for sediment ponds only, and, because of the type of development that usually occurs in these rural HQW, it would be unlikely that a sediment pond would be used; (2) existing standards in the Erosion Control Manual require both sediment ponds and sediment traps (which are most often used in these areas) to be designed and constructed to a greater efficiency than this amendment requires; and (3) the standards in the Manual apply not only to HQW but to all of Orange County and Chapel Hill. d. Newly constructed 9M channels in HOW MGM shall be desi ed and constructed with side slope�t no steeper than 2 horizontal to --I vertical if a vegetative cover is_used for stabilization unless soil conditions RRrmit a Ltqjper sIgN or where the SI9M are stabilized by using mechanical devices structural devices or other table devices. In any event the angle for side sigm shall be sufficient to restrain accelerated erosion. e. 9-Lound cove sufficient to restrain erosion must be provided for any portion of a land - disturbing activity, in a HOW zone within 15 working days or 60, calendar days. whichever RLrjod is shorter, followin coMWetion of mnstructian or development. COA"ff"ARY.• These amendments were adopted by the Legislature to provide additional protection for High Quality Waters. The revision concerning sediment ponds in Section 8 (d) (1) is a change proposed by the staff. "Sediment pond " is used instead of "sediment basin " because it is the term used in the Erosion Control Manual. Section 9 Stormwater Outlet Protection action of Stream Banks and Channels C0A"ff- MARY.• To clarify the intent of this section, the title has been changed . or elarelepment— if eanditiom 0) and (ii) of this peiagiVh C=wt be nwt, the ehmtad below Ow diwhwge point shaft C0M MWARY.• The text above will be deleted and replaced by the text below. 5 5 -9 -91 b. Control of Velocity ii Persons shall glan and conduct land-disturbing activ' so that the construction velocill of tbe 10- ear storm nmoff in the receiving watercourse to the dischara int does not exceed the of: 1. the velocity established by the table in paragraph 3 of the subsection: or 2. tke—yeAmity of the 10- ear storm runoff ' the receiving watercourse riot to deve o meat. If conditions (1) or (2) of this paragraph cannot be met, then the receiving watercourse to and including the disc a int 1 be desi ed and constructed to withstand the W veloci an here the ve oci exceeds the " rior to deve t" velaci by 10%. COAadENTARY.- These revisions are made to clarefy the intent of this section which is to protect watercourses on the site from the impact of increased runoff velocity and to ensure that the design results in a nonerosive velocity at the point of discharge. Section 10 Borrow and Waste Areas When the person conducting the land-disturbing activity is also the person conducting the borrow and waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Departments Division of Solid Waste Mmagement , shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land- disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land - disturbing activity. COMMENTARY.' This revision addresses a name change in this agency. Section 15 Existing Uncovered Areas b. Notice of Violation The Erosion Control Officer will serve upon the landowner or-other RD= in possession or control of the land written notice of violation by registered or certified mail, return receipt requested, or other means mxmw 411 calculated to 've actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits for compliance. COAadENTARY.- This revision is intended to improve notification to the person responsible for a violation. Section 17 Permits d. Expiration of Permits For the purpose of determining the expiration date of the_pIan approval and grad_�Permit the land - disturbing activity is considered to have started when the Moonstruction conference has been held, the necessary erosion control practices have been properly installed, and the site clearing or grading has begun. CObll ff-N ARY.- iris revision is proposed by the staff. Tice purpose is to emphasize holding the preconstruction conference, and, for the purpose of determining the expiration date of the permit, the conf rence must have been held in order to consider work to have started. 6 5 -9 -91 Section 18 Erosion and Sedimentation Control Plans 12 a.' Plan Reduirement An Erosion Control Plan shall be prepared for all land - disturbing activities subject to this Ordinance whenever the proposed activity is to be undertaken on a. tract comprising more than 20,000 square feet, if more than 20,000 square feet are to be uncovered. Three (3) copies of the Plan shall be filed with the Erosion Control Officer -im& one of which will be orwarded to the Orange Soil and Water Conservation District, at least 30 days prior to the commencement of the proposed activity. COMMENTARY.• This revision is made to specify the number of copies of the proposed erosion control plan to be submitted and their distribution for review (proposed by the sta,$`). c. Review and Response to Plans The Erosion Control Officer will review each complete plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, W12roved with conditions, approved with performance reservations, or disapproved. EaamDles _of conditions of approval are. but not limited to: channel stabilization _ must be successful or another type of lining must be used: delineating certain areas to be graded and stabilized within, a _specified number of days to reduce the tential forerosion and Rrotect critical areas- Rroviding a performance security to provide permanent ground cover; and requiring the person financially responsible to retain the services of a professional engineer or architect to supervise implementation of the approved erosion control plan. CDJaff,WARY.- Adding "complete" is required by the State to emphasize that only complete plans will be reviewed. Staff proposes adding "approved with conditions. "This allows attachment of conditions to the plan that are considered essential to its success by the Division staff. The examples given are typical conditions that would be imposed. Amendment of Section 19 (a) (1) allows the applicant to appeal conditions of approval. e. Plan Amendments Application for amendment of an erosion control plan in written and /or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Erosion Control Officer, the land -disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved. After annroving the plans if the Erosion Control Officer, either upon review of ffic acaitm eoniiai such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, revisions to the plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. COAfiff ARY.- These words are added so that the local ordinance cotlforms with the text of the State's Model Ordinance. f. Statement of OwnershiR and Financial R8812onsibil ' Erosion Control Plans alb be may be disapproved unless accompanied by an authorized Statement of Ownership and Financial Responsibility. This statement shall be signed by the person financially responsible for the land-disturbing activity or his/her attorney -in -fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. if not a resident of North: Carolina, the applicant must designate a North Carolina agent and include that agent's name and address in the Statement for the purpose of receiving notice of compliance or noncompliance with the plan. the Act. or this Ordinance or rules or orders adopted or issued pursuant to this Ordinance. COMMEMARY this change allows disapproval of the Plan if the Statement is not received. The text has been changed to conform to the State's Model Ordinance. . 7 5 -9 -91 g` Review of Other Environmental Documents Ian sub 'tted for a land-disturbing —activity or which an eavironmea�tal document (either an 13 assessment or iMUMt statement ) is Mguired by the North Carolina Enviro tal Polic Act G.S. 113A- 1 et s be deemed into lete until a SoLnRlete environmental document is available for review. The 90M " RroLnRtly notify the Rgzwn submitting the Plan that the 30 ft time 1' 't for review of the glan varsuant to Sec 'on 18 c of this Ordinance shall not begin untll _a . complete environmental document is available for review. COJfiffMARY.- This change prevents permits being issued and construction beginning before all necessary reviews and approvals to develop a tract have been obtained. h. Consideration of Applicants Past Performance An Erosion Control Plan ma be disc roved u n din that licant an t o subsidi co lion if the licant is a co on: 1. is conductin or has conducted land-&sftOing activi ' out an roved lap or has receives notice of violation of a lap reviousl roved b the Commiss'on or a local government Rursuant to a Act and has not co lied with the notice within the time WWified in the notice: 2. has failed to Ray a civil RigWty assessed Dursuant to the Act or a local ordinance ado ted pursuant to the Act which is due and for which no aRRal is din 3. has been convicted of a misdemeanor pursuant to G.S. 113A -64(b) or any criminal provision of a local Qrdinance adopted pursuant to the Act, 4. has failed to substantially WiqRly with State rules or local ordinances and regulations adopted pursuant to the Act. For RMMM of this subsection an awlicant's record may considered fotonly the two veers prior to the appl_icah date. COM WBTARY.• This major revision to the Ordinance allows an applicant's past performance and compliance record to be taken into account when considering an application for erosion control plan approval. i 9. Erosion Control Plan Available On Site A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. COMMMARY.• The letter of this paragraph will be adjusted to account for the added paragraphs. Section 19 Appeals a. Appeal Process Except as pMv_ided in Section 19 ) of this Ordinance the iawmd o a_ disc roval or roval with modifications or condi 'ans of lWroval of a Rlan shall be governed by the following rovisions: COMMUTARK This introductory statement will be added. 1 a. The disapproval of or modification of or conditions of lMMval attached to any proposed Erosion Control Plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Orange County Planning Director. If the Planning Director upholds the decision, the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval, or modification, or 8 5 -9 -91 conditions of approval. CObf ffJVTARY.• These changes are proposed by the stab. This change allows the applicant to appeal 14 conditions of approval and is added in conjunction with the change in Section 18 (c). 2 h. (a +) Hearings held pursuant to this section shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand for such hearing made by the person submitting the plan when such plan is for land- disturbing activities occurring outside the corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane. (bb 2) The Orange County Planning Board shall make recommendations to the Board of Commissioners of Orange County within 30 days after the date of the hearing on such erosion control plan. (c 3) The Board of Commissioners of Orange County will render its final decision on any erosion control plan upon which a hearing is requested within 30 days of receipt of the recommenda- tions from the agency conducting the hearing. 3 e. (a -f) Hearings held pursuant to this section shall be conducted by a designated agency of the appropriate town board within 30 days after receipt of written demand for such hearing made by the person submitting the plan when such plan is for land - disturbing activities occurring within the corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane. (_b 2) The said designated agency shall make recommendations to the appropriate town board within 30 days after the date of the hearing on such erosion control plan. (c- 3) The said appropriate town board will render its final decision on any erosion control plan upon which a hearing is requested within 30 days of the receipt of the recommendations from the said designated agency conducting the hearing. 4 d. In the event that the local governing body upholds the disapproval., or modification or conditions of approval of a proposed erosion control plan following the public hearing the person submitting the erosion control plan shall be entitled to appeal the local governments action to the North Carolina Sedimentation Control Commission as provided in Section 113A -61(c) of the General Statutes and Title 15A NCAC 4B.0018(d). COMIIEIVTARY.- The subsections and paragraphs above will be renumbered and relettered as shown. In conjunction with prior changes, "conditions of approval "is added to the appeal process. b. ARQeal of Erosion Control Plan Disapproval Based on Applicants Past Performance In the event that an erosion control plan is disavoroved pursuant to Section 18 (h) of this ordinance the County shall_ncWfy the Djm4g af_the Divmm_of Land Resources of such disapproval within 10 days._ng County shall advise the applicant and the_ Director of the - Division- of Land Resources_ in writing as to the specific reasons that the plan was disapproved. The applicant_ may appeal the County's disapproval of the plan pursuant to Section 18 (h) of this Ordinance directly to- the_ Commission. COMMF11T1ARY.• This change requires notification of the Director of the Division of Land Resources of a denial based on Section 18 (h) (applicants past performance) and allows an appeal of the denial directly to the Director without first going through the appeal process at the local level. Section 21 Inspections and Investigations a. Site Inspections 9 5 -9 -91 AM-s. officials, or other guaiifigd persons authorized by CMU MWI Rgdodically t the sites 15 Of land in —activiiy to determine: co ce with the Act this QEdinwces or rules or orders lftWd or issued ursuant to this °rdtna= whether the Wfivity is being conducted in accordance with an a roved Tart• and what ow tt7P. MAGO . ..oe....r. A ... .L— _t_" _ __ _ eve ... _ from land-disturbing activity. Notice of the ri ht to iMMt shall be included in the notification of Tart a royal. COMMENTARY.• This change is intended to clearly give the rightfor authorized personnel to enter and inspect sites. b. Notice of Violation If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with the Act this Ordinance or rules or orders ado tact or issued umant to this Ordinance or has failed to commonly_ with the approved plan, a notice of violation shall be served upon that person by registered or certified mail, return receipt requested, or other means seasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However. no time neriM fnr rnrnnl:o..na ..ma L.. ...__ _ re=tative while in the W_--- ..` UK " rocess of out their official duties. If the person engaged in land - disturbing activity fails to comply within the time specified, enforcement action shall be initiated. COMMENTARY.- Failures that constitute a violation are clarifed. A time limit to correct certain specified violations (failure to submit a plan and interfering with the right to inspect) is not required. Section 22 Penalties a. Civil Penalties (1) Assessment of Penalties Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued Pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty of x}96 500 except that the penalty for failure to submit an erosion control plan shall be as provided in a.3. of this section. No penalty shall be assessed, until the Person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to provide actual notice to the offender. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within Which the violation must be corrected, and warn that failure to correct the violation within the time Period will result in the assessment of a civil penalty or other enforcement action. However, no time riod for emliance need be given for failure to submit an Erosion Control Plan for royal or for qbstructing. hampering or interferin th an ffiLdegized MRMMtMt;ive_ while in the rocess of out his official duties Each day of a continuing violation shall constitute a separate violation under Section 22(a)(1). COMM ATARY.• Fines are increased to $500 per day. No time period for compliance is allowed for failure to submit a plant or interfering with the right to inspect. (2) Demand for Payment of Penaft The Orange County Board of Commissioners shall make written demand for payment upon the person 10 5 -9 -91 responsible for the violation, and shall sat forth in detail a description of the violation for which the penalty has been invoked. otice of the t shall be by 'stared or certified mail or other means 1 calcula to actual no ' . If payment is not received or equitable settlement 16 reached within 30 days after demand for payment is made, the matter shall be referred to the town or county attorney for institution of a civil action in the name of the town or county in the appropriate division of the General Courts of Justice for recovery of the penalty. COM1f11r1ARY.' This change requires notice of the assessment to be sent by a means that ensures receipt by the person responsible. Section 26 Revisions to this Ordinance The Couply shall into to revip jom reggi:red bj tho Commission Mi Wn S months following recei t of the Mguired revisions. If standards and IMMSions 2f this finance currently meet or exceed the muired revisions the Commission shall be so notified within go days of their receipt. C0140WE11i'IARY.• This change is added to ensure that local programs keep ordinances current with the Model and that revisions are made in a timely manner. The text above was presented at the public hearing. However, the County Attorney recommends the following text be adopted instead; his concern is that the County cannot, as is implied in the wording of the Commission's Model, contract away legislative power or by ordinance tie the hands of a future board of commissioners concerning legislative matters and prerogatives, and the Erosion Control Ordinance is a legislativematter. "The County shall review all the Commission's revisions to the Model Ordinance and, within 90 days of receipt of the recommended revisions, submit draft amendments to the Commission for its consideration and comments. Within 150 days after receipt of the Commission's comments, the County will formally consider proposed amendments and to the extent deemed necessary by the County, incorporate the amendments into the Erosion Control. Ordinance. " 11 5 -9 -91 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No . Y= 4i ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1991 SUBJECT: Budget Amendment - Rencher Street CDBG Program ------------------------------- DEPARTMENT _- Housing/Community -Dev. PUBLIC -HEARING --- YES_---- yNO_ -x ATTACHMENT(S): INFORMATION CONTACT: Tara L. Fikes Program Summary TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize the transfer of $40,000 from the County Section 8 Reserve Fund to the Rencher Street Community Development Program. BACKGROUND: Activities in the Rencher Street CDBG Program to date have been very successful. In summary, all water and sewer mains have been installed, Rencher Street has been paved and twenty -one deteriorated dwellings have been rehabilitated. Approximately $679,000 of the $685,000 Rencher Street CDBG Program budget has been expended to complete these activities. A summary of completed project activities and expenditures is attached. However, in order to complete this project, two activities remain to be completed. Specifically, all families need to be connected to the newly constructed water and sewer mains and two houses remain to be rehabilitated. However, at this time there is a budgetary shortfall which is prohibiting the Housing and Community Development Department from completing all activities as prescribed in the original grant application. This shortfall is attributed to cost overruns in the housing rehabilitation activity. Our original housing rehabilitation cost estimates were prepared in early 1988 and based on actual bids received from contractors in 1990. the estimates were too conservative, thereby, causing additional costs for this activity. In order to complete the service connections approximately $40,000 is needed. Funds to supplement the CDBG funds are available in the Section 8 Reserve Fund. These funds are generated by money earned from administering the Section 8 Housing Assistance Payments Program. By federal regulations these funds can only be used for housing and community development purposes, therefore, this transfer would be an eligible expenditure. The fund presently has a balance of $87,000. ;L Transfer of these funds will enable the Housing and Community Development staff to complete all activities required in the Rencher Street Project Area. RECOMMENDATION(S): Authorize the transfer of $40,000 from the County Section 8 Reserve Fund to the Rencher Street Community Development Program. 3 RENCHER STREET CDBG PROGRAM SUMMARY - ACCOMPLISHMENTS Public Facilities Improvements 1. Paved 1350 linear feet of Rencher Street. 2. Installed 3,500 linear feet of sewer mains. 3. Constructed 500 linear feet of 8" PVC sewer line and connected 2,000 linear feet of 4" PVC Force Main to an existing sewer manhole. 3. Installed 2,000 linear feet of water main. BUDGET $360,759 EXPENDED $355,077 BALANCE $5,682 Relocation Provided temporary relocation to one family during rehabilitation. BUDGET $ 2,000 EXPENDED $ 1,975 BALANCE $ 25 H-ousing Rehabilitation Repaired 21 dwelling units to HUD Model Property Standards. BUDGET $240,853 EXPENDED $240,853 BALANCE $ 0 Program Administration BUDGET $ 81,388 EXPENDED $ 81,388 BALANCE $ 0 TOTAL PROGRAM COSTS $679,293 Total Grant Amount $ 685,000 Total Program Costs to date 4/30/91 - 679,293 Remaining Funds $ 5,707 REMAINING ACTIVITIES COST * Complete 20 individual sewer service connections and 10 individual water service connections. $ 25,000 * Complete housing rehabilitation (2) dwellings. 15,000 TOTAL FUNDS NEEDED $ 40,000 .1E ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda .� ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MAY 21, 1991 SUBJECT: POE EDUCATION HEALTH CENTER -- - -- ----------------- - - - -- ------------ DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): YES - - + - 2 LETTERS INFORMATION CONTACT: MOSES CAREY,JR. TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 - PURPOSE: To consider arequest from - the -Poe Education Health Center for a contribution of $6,000. BACKGROUND: On February 19th, Mary Rendleman, Development Chairman, of the Poe Education Health Center gave a presentation on the services offered by the Center. The Center is expected to open the first of November. She requested that the Board consider a one --time sponsor fee of $6,000. She stressed that this was not a prerequisite for participation by the schools in the service area. Both School Systems have reviewed the proposed program that will be offered at this Center and attached are their letters of endorsement. RECOMMENDATION(S): As the Board decides. s 2 4 P Chapel Hill- Carrboro City Schools Lincoln Center, Merritt Mill Road Chapel Hill, North Carolina 27516 The Board of Education Telephone: 919/967.8211 Ext. 226 FAX: 933 -4560 April 24, 1991 Moses Carey, Chairperson orange County Commissioders F.Q. Box 8181 Hillsborough, NC 27278 Dear Moses: The Chapel Hill- Carrboro City Board of Education supports the request for $6,000 to be given to the Foe Education Healthum for grades K. 2 rater could be a valuable supplemental resource for ow health Cena Sincerely, SB /asw Sue Baker, ChairpeMn Board of Education 65.16.1991 0728 P'- t I V110" OFFICE OF THE SUPERINTENDENT Mr. Moses Carey, Chair Orange County Commissioners P. O. Box 8181 Hillsborough, NC 27278 Dear Mr. Carey: Mra>tge Tountu 60uaig M EAST KING STREET HILLSBOROUGH, NORTH CAROLINA 27218.2570 (919) 732 -0126 May 9, 1991 The Orange County Board of Education expressed unanimous support for a contribution by the Orange County Board of Commissioners to the Poe Health Center. This Board feels that the proposed center will be of great benefit to area students. Sincerely, 1� Ralph Warren Chairman /ha c: Dr. N. Andrew Overstreet, Superintendent o � RECEIVED FROM 919 929 8695 05.16.1991 87:29 P. 4 3 ORANGE COUNTY BOARD OF COMMISSIONERS Action A enda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 21, 1991 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): YES INFORMATION CONTACT: BEVERLY BLYTHE EXT. 2125 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: The following recommendations are presented for the Board's -- consideration. I -1 3;191iiNOT OWASA: To appoint an applicant to fill the unexpired term of Donald E. Francisco. Mr. Francisco has resigned for personal reasons. An additional application is attached. TRIANGLE TRANSIT AUTHORITY: The Triangle Transit Authority has asked that two members of the Board of Commissioners be appointed to serve on this Authority. Letter of request attached. CHAPEL HILL BOARD OF ADJUSTMENT: Consider the reappointment of Kenneth Bagwell and Ron Ginsburg (Alternate) as County representatives to this Board. Mr. Ginsburg would like to be a regular member, if possible, but would also be willing to be Alternate again. Consider the appointment of Julian Raney to fill either the position presently held by Edward White, who is not eligible for reappointment, or the Alternates position. CHAPEL HILL PLANNING BOARD: Consider the appointment of Dennis R. Hobbs to fill the expired position of Harry Poole who does not wish to be reappointed. ORANGE COUNTY HISTORIC PRESERVATION COMMISSION: Consider the appointment of Norma White, Jean Anderson, Patricia Dickinson, Todd Dickinson, and Trawick Ward to this Commission. Their resumes are attached. COMMISSION FOR WOMEN: Consider the reappointment of Linda Carver to this Commission. This will be her first, full three year term. Consider appointing Bonnie Davis and Aimee Tattersall to fill the positions currently held by Ann McPherson (Hillsborough) and Anne Loeb (Chapel Hill). Ms. McPherson and Ms. Loeb are not eligible for reappointment. Also, consider appointing Betty Caldwell to represent Chapel Hill Township. 2 NEW HOPE CREEK CORRIDOR STUDY: To consider appointing two Commissioners to the already active governing body which currently consists of Chapel Hill, Durham County and Durham City. RECOMMENDATION(S): As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. ZZL SUBJECT: MINUTES Meeting Date: MAY 21, 1991 ---------------------------------- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X - ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 -- ------------------------- - -� - -- Mebane - 227 -2031 ---------------------------- PURPOSE: To correct and /or approve - the minutes as submitted for -------- consideration: April 1, 1991 - Regular Meeting April 16, 1991 - Regular Meeting BACKGROUND: In accordance with 153A -42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. RESOLUTx7N OF APPRECIATIOL FOR RODERICK VISSER WHEREAS, Roderick Visser is an Orange County resident and employed by Orange County as Assistant County Manager, and WHEREAS, Roderick Visser is a Major in the United States Army assigned to the 422nd Civil Affairs Company in Greensboro, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Roderick Visser faithfully served the citizens of the United States and represented his community while stationed in Saudi Arabia from December 11, 1990 through May 9, 1991 and WHEREAS, Roderick Visser has safely returned to his home and work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Roderick Visser for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. ADOPTED this 21st day of May, 1991. Stephen Halkiotis, Vice -Chair ka_�p * � 4"41_2" Alice Gordon Uz_'� (�_ S��� Verla Insko __-L WA44Z. - Donald Willhoit RESOLD. "ION OF APPRECIATION FOR BOBBY INMAN WHEREAS, Booby Inman is employed by Orange County as Motor Pool Supervisor in the Public Works Department, and WHEREAS, Bobby Inman is a Sergeant 1st Class in the United States Army assigned to the HHC 171st Support Group in Garner, North Carolina and one of the Army reservists called up to active duty during Operation Desert Storm, and WHEREAS, Bobby Inman faithfully served the citizens of the United States and represented his community while. stationed in Saudi Arabia from September 12, 1990 through March 25,1991, and WHEREAS, Bobby Inman has safely returned home and to his work in Orange County, NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners present this Resolution of Appreciation to Bobby Inman for his dedication, loyalty and bravery in representing his community and serving his country during Operation Desert Storm. ADOPTED this 21st Day of May, 1991. Moses Carey, Chair /// Stephen Halkiotis, Vice -Chair 0� . Alice Gordon Verla Insko Donald Willhoit AGREEMENT BETWEEN The University of North Carolina at Chapel Hill for its School of Dentistry ,MR The Orange County Health Department THIS AGREEMENT, made and entered into this first day of February, 1991 by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "The University" for its School of Dentistry; and the Orange County Health Department, hereinafter referred to as "The Health Department ". W I T N E S S E T H: WHEREAS, The University proposes a six -month clinical trial of a toothpaste developed for the prevention or reduction of gingivitis or plaque in humans; and the University proposes to conduct a portion of the clinical trial at The Health Department in Hillsborough, NC and WHEREAS, the Health Department desires to contract with the University to be reimbursed for costs involved (i.e. clinic space, supplies) in conducting the clinical trial. NOW, THEREFORE, in consideration of the premises, The University and The Health Department agree as follows: 1. The Health Department agrees to provide to the University the use of clinical chairs in The Health Department in Hillsborough, on Mondays, Tuesdays, and Fridays on reserved days (approximately 20 days) in the dental clinic. 2. The University shall pay The Health Department $300 per full day and $150 per half -day for the use of the facility. If instruments are used that belong to The Health Department, an additional $25 will be added. Payment shall be made on a quarterly basis. 3. The University shall provide all personnel to conduct the clinical trial. 4. The Health Department shall provide access to a telephone and a desk for the study coordinator. 5. The Health Department shall permit the University to use the sterilization area for the sterilization and disinfection of instruments used during the study days. 6. While The University personnel conducting the clinical trial are at The Health Department, their professional liability insurance coverage will be provided by the insurance carrier used by The University of North Carolina School of Dentistry. 7. This agreement shall run for a period of one (1) year, from February 1, 1991 to January 31, 1992. 8. This agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least sixty (60) days prior to termination. In the event of such termination, any payments due shall be paid to The Health Department within sixty (60) days of termination of this agreement. 9. The Health Department hereby agrees with The University that, in its educational and /or employment practices, the Health Department will comply with such non - discrimination laws as may be applicable to it in the performance of this contract. 10. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the agreement. IN WITNESS WHEREOF, the parties have hereunto signed this agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: Daniel B. Reimer Health Director Date • 9/ FOR AND ON BEHALF OF THE UNIVERSITY OF NORTH CINA AT CHAPEL HILL: Be'n J. �uchi D E Vice Ch cellor Business and Finance Business and Finance This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious Director, Orange Cou Finance Date: S %� / Chairman, Orange County Board of Commiss ner Date: Lce - -205 (Rev. 111/1991) CONTRA':T TO AUDIT ACCOUNTS File in Triplicate. of Orange County, North Carolina. Governmental Unit on this 29 day of MgrCb , 19_21_, Deloitte & Touche Auditor pest Office Box 2778, Raleigh, North Carolina 27602 -2778 Mailing Address hereinafter referred to as Board of the Auditor, and County Ccmm_ssionerq of Orange � � unit hereinafter referred Governing Body to as the Governmental Unit, agree as follows: 1. The Auditor shall exu:nine all statements and disclosures required by generally accepted accounting principles and additional required legal statements and disclosures of all funds and /or divisions of the Governmental Unit for the period beginning, Ju1L, -- -, 19 90 and ending June 'fin ,19 -2L— The combining, individual fund, and account group financial statements and schedules shall be subjected to the auditing procedures applied in the examina- tion of the combined financial statements and an opinion will be rendered in relation to the combined financial statements taken as a .whole. The Audit will have no scope limitations except: 2. The Auditor shall conduct his examination and render his report in accordance with generally accepted auditing standards. The examination shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances, except as follows: (See Item 12.) 3. It is agreed that generally accepted auditing standards include a review of the Governmental Unit's system of internal con- trol and accounting as same relates to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor will make a written report, which may or may not be a part of the written report of audit, to the Governt.:g Body setting forth his findings, together with his recommendations for improvement. All matters defined as "reportable conditions" in AU 325 of the AICPA Professional Standards will be communicated to the Governing Board in writing, The Auditor shall file a copy of ell reports with the Secretary of L: Local. Government Commission. 4. After completing his examination, the Auditor shall submit to the Governing Bony a written report of audit. This report shall inc�ude, at least, the financial statements and notes thereto prepared In accordance vAth generally accepted account- ing principles, combining and supplementary information requested by the client or required for full dis:losure ur 3er the law, and the auditor's opinion on the material presented. The Aud:' jr shall furnish 1 copies of the report c' audit to the Governing Body as soon as practical after the close of the accounting period. The Auditor shall file three copies of said report of audit G copy if no single.audit is required) with the Secretary of the Local Government Commission. 5. It is agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted by Octoher - 13 ,,_� 19-9J_ 6. Should .circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Body in writing of the need for such additional investiga- tion and the additional compensation required therefor. Upon approval by the Secretary of the Local Government Com- mission, this agreement may be varied or changed to include the increased time and compensation as may be agreed upon by the Governing Body and the Auditor. 7. The Auditor shall perform a compliance examination for all federal and State financial assistance programs in accordance with the Single Audit Act of 1984 (Pub. L. No. 98.502 and G.S. 159 -34). The Auditor will file three corpies of all reports required under the Federal and State Single Audit Acts with the Secretary of the Local Government Commission. (This includes the report required in Item 3.) (See Items 15 and 18.) 8. In consideration of the satisfactory performance of the provisions of this agreement, the Governmental Unit shall pay to the Auditor, upon approval by the Secretary of the Local Government Commission, a fee which includes any cost the Auditor may incur from work paper reviews by third parties (Federal and /or State agencies as required under the Federal and State Single Audit Acts: CAFR and Certification of Tax Levy 3.0,560; Single Audit of Graqt Funds $16,500 9. All local government and public authority contracts for annual or special audits, financial statement preparation, finance- related investigations, or any audit - related work in the State of North Carolina require the approval of the Secretary of the Local Government Commission. Invoices for services rendered under these contracts shall not be paid by the govern- mental utiii until the invoice has been approved by the Secretary of the Local Government Commission. (This also includes any progress billings.) All invoices should be submitted in triplicate to the Secretary of the Local Government Commission. The original and one copy will be returned to the auditor. Approval is not required on contracts and invoices for system improvements and similar services of a non - auditing nature. (Continued on Reverse) 10. The contract should be executed and submitted in triplicate to the Secretary of the Local Government Commission, 325 t' °rth Salisbury Street, Raleigh, North Carolina 27603 -1258. 11. Upon approval, the originr mntract will be returned to the Governmental Unit, a copy will be forwarded to the Auditor, and a Dopy retained �`.4 Secreta:; of the Local Government Commission. The audit should not be started before the contract is approved. 12. This contract conic -iplates an unqualified opinion being rendered. Any limitations or restrictions in scope which would lead to a qualification should be fully ezpiained it, an attachment to this contract. Contracts with such limitations will not be approved unless satisfactory erplanatF. n is made. 13. If an approved contract needs to be varied or chai,_-.d, the change must be reduced to writing, signed by both parties, and submitted to the Secretary of the Local government Commission for approval, No change shall be effective unless approved by the Secretary of the Local Govera ment Commission, the Governing Board, and the Auditor. 14. A separate contract should not be made for each division to be audited or report to be submitted. The scope of the audit and the fee for the audit should be clearly stated. Stated fees include any cost the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and State agencies or other organizations). 15. Three copies (one copy for units not having a single audit) of the report of audit and any other written report by the Auditor shall be filed with the Secretary of the Local Government Commission when (or prior to) submitting the invoice for the services rendered no later than four months afte- the close of the fiscal year (for fiscal years ending June 30 this would be October 31). The report of audit, as filed with the Secretary of the Local Government Commission, becomes a matter of public record for inspection and review in the offices of the Secretary by any interested parties. These reports are used in the preparation of Official Statements for debt offerings as well as by municipal bond rating services. 16. 'There are no special provisions except: See engagement letter attached. 17. Whenever the Auditor uses an engagement letter with the client, Item 16 should be completed by referencing the engage- ment letter and attaching a copy of the engagement letter to the contract to incorporate the engagement letter into the contract. In case of conflict between t:,e terms of the engagement letter and the terms of this contract, the terms of this contract will control. Engagement letter terns are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 21 of this contract. 18. A Governmental Unit not having a single audit on federal and State funds would list Item 7 in Item 21 of the contract as being a deleted provision. An ex planatinn must be given in Item 21 for any Governmental Unit not receiving a single audit an federal and State funds (e.g., a single audit is not required under the Federal and State Single Audit Acts and is not being performed). 19. If this audit engagement is subject to the standards for audit as defined in the Government Auditing Standards, issued by the Comptroller General of the United St4tes, then the Auditor warrants by accepting this engagement that he/she will meet the requirements for an external quality control review specified in the Government Auditing Standards - Copies of any 'written communications that are a result of an eMmal quality control review will be made available to the Secretary of the Local Government Commission upon his request. 20. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the Local Govern- ment Commission. 21. All of the above paragraphs are understood and shall apply to this agreement, except the following numbered paragraphs shall be deleted: (See Items 17 and 18.) Dploitte & Touche , Audit firm By - Rex— Pr'i._rp r Partner (Pk type or print) (signature) Approved by the Secretary of the Local Government Commission as provided in Article 3, Chapter 159 of the General Statutes or Article 31, Part 3, Chapter 115C of the G�er� t UDE B• CUES Fn a etary, local Goverament Commission Date Oran e Comty, North Carolina CHAIR, 9?Z",�E"bU0JI'Y By BOARD OF COMMISSIONERS Yl (P' -- type ar print qgge Mayor or Chairperson & governing This instrument has been preaudited in theA4nner re- quired by The Local Government Budget a fiscal Con- trol Act or by The School Budget and Fisca ontrol Act. Kenneth T. Chaylous Govermnearal Unit Finn cc Offiar (Pl— type or print) r (Signature) Date 5- 21--91 EXTRACT FROM MINUTES OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF ORANGE, NORTH CAROLINA f #r �ldllol VT,4 The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Old Post Office, 179 East Franklin Street, Chapel Hill, North Carolina at 7:30 o'clock P.M. on May 21, 1991• Present: Commissioners: Chairman Moses Car Jr. Gordon, Stephen Halkiotis, Verla Insko and Don Willhoit Absent: Commissioners: None Also Present: C tv M Director Pam Jones Count x * � John Link and Pam Jo e stated that Orange County (the "County ") was actively considering the purchase of an approximately 34.10 acre tract of real property on the south side of Homestead Road, west of North Carolina Highway 86 in Chapel � Hill, North Carolina presently owned by Vinton A. Hoyle, (the "Property "). A proposed contract for the purchase of the Property (the "Contract ") has been negotiated on behalf of the County and presented to this meeting. Geoffrey E. Gledhill, County Attorney, advised the Board that the Contract involved the payment of a portion of the purchase price in a series of payments as authorized by North Carolina General Statutes Section 160A -20 and that before entering into the installment purchase contract involving real property, statute required the County to hold a public hearing on the Contract. He advised the Bard 1 c'e al�N & Nevj��f �� Hearing County had been published in the Durham /` "Notice") designating this meeting as the date, time and place for such public hearing on the Contract. Commissioner Insko moved that the Board ratify the publication of the Notice and designate this meeting as hearing on the Contract. The motion was seconded by Halkiotis and was unanimously adopted. At 8.00 o'clock, P .M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the Contract and the purchase of the Property on an installment basis. The presiding officer then recognized such persons if any, who appeared either in person or by attorney, to be heard on the question of the advisability of the Contract and the purchase of the Property on an installment basis. The Clerk of the Board of Commissioners reported that no written comment about the Contract and the purchase of the Property on an installment basis had been received. The names and addresses of the persons who were present and summaries of their comments are as follows: After the Boarc heard, Commissioner closed and that the motion was seconded unanimously adopted. had heard all persons who requested to be Halkiotis moved that the public hearing be Board proceed to consider the Contract. The by Commissioner Insko and was John Link — reviewed for the Board the plans for a financing pursuant to G.S. 160A-20 of certain costs relating to acquisition of the Property, involving the payment of approximately $302,500 in 19 equal quarterly installments with interest at the rate of seven percent per annum, with the unpaid purchase price secured by a lien on the Property. Geoffrey Gledhill then presented to the Board the proposed forms of the following documents, all of which are more specifically described in the resolution proposed for consideration by the Board: A. Offer to Purchase and Contract. B. Promissory Note. C. Deed of Trust. The documents presented were delivered to the Clerk to the Board and directed to be marked exhibits and made a part of the permanent records of the Board. Chairman Moses Care introduced the following Resolution, a copy of which had been provided to each commissioner and the title of which was read aloud: RESOLUTION AUTHORIZING ORANGE COUNTY TO PURCHASE ON AN INSTALLMENT PURCHASE BASIS AN APPROXIMATELY 34.10 ACRE TRACT OF REAL PROPERTY OWNED BY VINTON A. HOYLE, JR. TO BE SECURED BY A LIEN ON THE REAL PROPERTY; TO EXECUTE AND PERFORM AN OFFER TO PURCHASE AND CONTRACT, A PROMISSORY NOTE AND A DEED OF 2 TRUST; TO COVENANT, WARRANT AND REPRESENT ITS COMPLIANCE WITH CERTAIN TAX COVENANTS RELATING TO THE FINANCING; AND TO EXECUTE, DELIVER OR ACKNOWLEDGE ANY OTHER DOCUMENTS NECESSARY TO EFFECT THE ACQUISITION OF THE REAL PROPERTY AND THE TRANSACTIONS CONTEMPLATED BY THE OFFER TO PURCHASE AND CONTRACT, THE PROMISSORY NOTE AND THE DEED OF TRUST. WHEREAS, this Board has been presented with an Offer to Purchase and Contract (the "Contract ") to acquire on behalf of Orange County (the "County ") an approximately 34.10 acre tract of real property owned by Vinton A. Hoyle, Jr.if -fr. I-e­ (the "Property ") ; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange as follows: Section 1. The Board of Commissioners hereby determines that the acquisition of the Property by the County pursuant to the terms of the Contract is in the best interest of the County. Section 2. This Board hereby approves the purchase of the Property at a purchase price of $852,500, payable approximately $550,000 at closing and with the balance to be paid in 19 quarterly installments with interest at a rate of seven percent per annum and with the unpaid purchase price evidenced by the County's promissory note (the "Promissory Note ") and secured by a Deed of Trust to a trustee named therein (the "Deed of Trust ") . Section 3. The Contract, the Promissory Note and the Deed of Trust, in substantially the forms presented, and the performance by the County of its obligations thereunder, are hereby approved, and the Chairman or the Vice Chairman of the Board of Commissioners is hereby authorized and directed to execute and deliver, and the Clerk to the Board of Commissioners is hereby authorized and directed to attest and acknowledge, as the case may be, the Contract, the Promissory Note and the Deed of Trust substantially in such forms with such necessary and appropriate variations, omissions and insertions as may be approved by the persons signing on behalf of the County, their execution and delivery thereof constituting conclusive evidence of any such variations, omissions and insertions. All of the provisions of the Contract, the Promissory Note and the Deed of Trust shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim and shall be in full force and effect as provided therein upon the execution and delivery thereof_. Section 4. The Chairman or the Vice Chairman is hereby authorized and directed to execute and deliver for and on behalf of the County, and the Clerk to the Board of Commissioners is hereby authorized and directed to attest and acknowledge, as the case may be, any and all financing statements, certificates, 3 documents or other papers, and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this Resolution and the matters herein. Section 5. The County recognizes that the sellers of the Property will be relying on the understanding that interest under the Promissory Note is excludable from gross income for federal (and State of North Carolina) income tax purposes. Hence, for the purpose of complying with the requirements of Sections 103 and 141 -150 of the Internal Revenue Code of.1986, as amended or any corresponding provisions of succeeding law, as applicable to the Promissory Note (the "Code "), and the applicable temporary, proposed and final regulations and procedures related thereto (the "Regulations ") with respect.to the tax - exempt status of interest on the Promissory Note, the County hereby represents and covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income for federal (or State of North Carolina) income tax purposes of the interest under the Promissory Note and, without limiting the generality of the foregoing, specifically represents and-covenants as follows: (1) Unless the County complies with paragraph (3) below, the County will not permit the following amount to exceed 10 percent of the proceeds of the indebtedness under the Promissory Note (reflected in the Property being financed): the proceeds under the Promissory Note to be used, directly or indirectly, in the trade or business of any person (other than use as a member of the general public) other than a governmental unit ( "private -use proceeds "). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, means any activity other than an activity carried on by a governmental unit. For purposes of this Section, the term "governmental unit" does not include the United States or any agency or instrumentality thereof. For purposes of this Section, the term "use" may include, among other things, actual or beneficial use pursuant to a lease, a management contract or an arrangement such, as a take--or --pay or output contract. (2) Unless the County complies with paragraph (3) below, the County will not permit the sum of the following amounts to exceed 5 percent of the proceeds of the indebtedness under the Promissory Note: (i) the private - use proceeds under the Promissory Note to be used, directly or indirectly, in a use which is not related to the governmental use of the proceeds of the indebtedness under the Promissory Note and (ii) the private -use proceeds of the 4 indebtedness under the Promissory Note to.be used, directly or indirectly, in a use which is related to the governmental use of the proceeds, to the extent such private -use proceeds exceed the proceeds to be used for the governmental use to which such private -use proceeds relate. (3) Unless the County complies with paragraphs (1) and (2) above, the County will not permit the indebtedness under the Promissory Note to meet the private security or payment test of Section 141(b)(2) of the Code. To that end, among other things, the County will not permit the present value of the payments taken into account under paragraph (a)(3) of I.R.S. Notice 87 -69 (including, ems. .._, payments by a person to be made for any private use of property financed with proceeds of the indebtedness undthe of debtPromissory serviceNote on the the extent allocable to the payment portion of such proceeds used to finance such property) to exceed 10 percent (5 percent, in the case of combined unrelated private -use proceeds and disproportionate related private -use proceeds as described in paragraph (2) above) of the present value of the debt service (as defined in paragraph (a)(2)(ii) of I.R.S. Notice 87 -69) over the term of the Promissory Note. (4) The County will monitor or cause to be monitored the yield on the investment of any moneys pledged to the payment of the obligations under the Promissory Note and any other funds replaced directly or indirectly by the proceeds of the indebtedness under the Promissory Note, and will restrict or -ause to be restricted the yield on such investments -o the extent required by the Code or the Regulations. (5) The County will take or cause to be taken all necessary steps to comply with the requirement that "rebatable arbitrage," if any, from the investment of the gross proceeds relating to the Promissory Note (including such moneys, if any, as are described in the preceding paragraph) be paid to the United States. Specifically, the County will (or will cause another to) (i) maintain records regarding the investment of the gross proceeds relating to the Promissory Note as may be required to calculate such "rebatable arbitrage" separately from records of amounts on deposit in the funds and accounts of the County which are allocable to other obligations of the County or moneys which do not represent gross proceeds of any obligations of the County, (ii) calculate, periodically to the extent required to comply with applicable Regulations, the amount of "rebatable arbitrage," if any, earned from the investment of the gross proceeds relating to the Promissory Note, and (iii) pay, not less often than once every five years and not later than 60 days after the day on which the last of the principal under the Promissory Note is paid at maturity or 5 redeemed,.all "rebatable arbitrage" required to be paid to the United States. Further, to the extent required by future Regulations, such "rebatable arbitrage" may result from or be increased by certain imputed receipts (i.e., any amount otherwise payable to the United States pursuant to the foregoing requirements that is directly or indirectly paid to any person other than the United States by any investment arrangement entered into by the county). (6) The County will cause the Promissory Note not to be treated as a "federally guaranteed" obligation within the meaning of Section 149(b) of the Code. (7) The County will cause the Promissory Note to be maintained in "registered form" within the meaning of Section 149(a) of the Code. (8) The County will timely file with the Secretary of the Treasury an information statement with respect to the Promissory Note as required by Section 149(e) of the Code. (9) The County reasonably anticipates that the aggregate amount of tax - exempt obligations (not counting private activity bonds except qualified 501(c)(3) bonds) that have been issued and will be issued during the calendar year 1991 by the County, all entities that issue obligations on behalf of the County, all subordinate entities to the County and all entities formed (or, to the extent provided by the Secretary of the Treasury, availed of) to avoid the purposes of the $10,000,000 Limitation of Section 265(b)(3) of the Code will not exceed $10,000,000 (as provided in Section 265(b)(3) of the Code). The County hereby designates the Promissory Note as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code. The County and all such other entities have not and will not designate more than $10,000,000 of obligations issued during the calendar year 1991 by the County or any such other entity as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code. In complying with the foregoing covenants, the County may rely from time to time upon an opinion of its special counsel for the transaction, its bond counsel or other nationally recognized bond counsel to the effect that any action by the County in reliance upon any interpretation of the Code or the Regulations contained in such opinion will not cause interest under the Promissory Note to be includable in gross income for federal income tax purposes or otherwise adversely affect the exemption of such interest from federal income taxation. In addition, the County shall not be required to comply with any requirement or requirements of any of the covenants in this paragraph if the County shall receive an opinion of such counsel to the 6 effect that failure to comply with such requirement or requirements will not cause the interest under the Promissory Note to be includable in gross income for federal income tax purposes or otherwise adversely affect the exemption of such interest from federal income taxation. Section 6. This Resolution shall take effect immediately upon its passage. Commissioner Insko moved passage of the immediately foregoing Resolution, and Commissioner Halkiotis seconded the motion, and the Resolution was passed by the following vote: Ayes: Commissioners:-Chairman Moses Carey Jr., Alice Nos: Gordon, Stephen Halkiotis, Verla Insko and Don Willhoit 7 STATE OF NORTH CAROLINA ) ss.: COUNTY OF ORANGE ) I, Beverly A. Blythe , Clerk of the Board of Commissioners of the County of Orange, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of Orange (the "Board "), a county of the State of North Carolina, was duly held on May 21, 1991, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of such meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of the Board. 2. I have caused proper Notice of the Public Hearing portion of such meeting to be published at least ten days prior to such meeting. 3. I have compared the att�TUeedcoPyro�tthewith minutesiandeof so recorded and the extract is a the whole thereof insofar as the minutes relate to matters referred to in such extract. 4. The minutes correctly state the time when the meeting was convened and Bard phocattended such the meeting. was held and the members of the o IN WITNESS WHEREOF, I have hereunto set my hand hand have hereunto day hereunto affixed the corporate seal of the County, of May, 1991. Clerk, Boar f Commissio rs of orange Coun y, North Carolina ( SEAL) F? SATISFACTION: The debt evidenced by this Note has.been satisfied in full this day of ,19— Signed: INSTALLMENT PURCHASE PROMISSORY NOTE $302,500 , N. C. 1991 FOR VALUE RECEIVED.the undersigned, County of Orange, North Carolina (the "County "), promises to pay to VINTON A. HOYLE, JR. —and— MARTHA G— HOYLE, or assigns of which the County has been notified, the principal sum of $302,500, with interest from the date of this Note, at the rate of seven per cent (70) per annum on the unpaid balance until paid, both principal and interest payable in lawful money of the United States of America, at the office of or at such place as the legal holder hereof may designate in writing. The principal and interest shall be due and payable in 19 consecutive quarterly installments of principal consisting of 18 installments of $ and a final payment of $ , together with interest on the original balance. Payment of principal and interest will be made on the day of each , , and commencing , 1991. Each such installment shall, unless otherwise provided, be applied first to payment of interest then accrued and due on the unpaid principal balance, with the remainder applied to the unpaid principal. If not sooner paid, the entire remaining indebtedness shall be due and payable on , 1996. This Note may be prepaid in full or in part at any time without penalty or premium. Partial prepayments shall be applied to installments due in reverse order of their maturity. In the event of (a) default in payment of any installment of principal or interest hereof as the same becomes due and such default is not cured within ten (10) days after written notice to the undersigned, or (b) default under the terms of any instrument securing this Note, and such default is not cured within twenty This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act. Dated: , 1991. Finance Director, Orange County (20) days after written notice to the undersigned, or (c) a Nonappropriation as described below then in any such event the holder may without further notice, declare the remainder of the principal sum, together with all interest accrued thereon at once due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time. This Note is to be governed and construed in accordance with the laws of the State of North Carolina. This Note is delivered under the authority of North Carolina General Statute Section 160A --20 as a part of the payment of the purchase price for real property; and is secured by a Deed of Trust of even date (the "Deed of Trust ") to , Trustee which is a first lien upon the property therein described. The obligation of the County to make payments hereunder shall be from year to year only and shall not constitute a mandatory payment obligation of the County in any ensuing fiscal year beyond the then current fiscal year. This Note does not directly or indirectly or contingently obligate the County to make any payments beyond those appropriated in the sole discretion of the County for any fiscal year. In the event the governing board of the County determines not to appropriate in its budget an amount to pay the sums due hereunder in the fiscal year for which such budget applies, said board shall adopt a resolution specifically deleting such appropriation and stating the reasons therefor (any such decision not.to appropriate being herein called a "Nonappropriation "). The County shall have the right, at any time, to terminate its obligation to make payments hereunder by permitting the occurrence of a Nonappropriation. In the event of a Nonappropriation, the holder(s) of this Note shall have and may exercise, to the extent permitted by law, any of the remedies following a default hereunder or under the related Deed of Trust. NOTWITHSTANDING ANYTHING HEREIN OR IN THE DEED OF TRUST TO THE CONTRARY, NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY OBLIGATION UNDER THIS NOTE OR THE DEED OF TRUST OR UPON A NONAPPROPRIATION, AND THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE UNDER THIS NOTE, THE DEED OF TRUST OR THE COUNTY'S OBLIGATION TO PURCHASE REAL PROPERTY IN CONNECTION WITH THIS TRANSACTION. 2 IN WITNESS WHEREOF, Orange County has duly caused this instrument to be executed under sale the day and year first above written. %410441lm ORANGE COUNTY, NORTH CAROLINA By: Clerk to the Board of Chairman, Board of Commissioners of Orange Commissioners of Orange County County ( SEAL) CERTIFICATE OF LOCAL GOVERNMENT COMMISSION This Installment Purchase Promissory Note, the financing provided therein and the Deed of Trust have been approved under the provisions of Section 160A -20 and Article 8 of Chapter 159 of the General Statutes of North Carolina. Secretary, Local Government Commission of North Carolina 3 DRAWN BY AND RETURN TO: STATE OF NORTH CAROLINA INSTALLMENT PURCHASE DEED OF TRUST COUNTY OF ORANGE THIS INSTALLMENT PURCHASE DEED OF TRUST (the "Deed of Trust ") made this day of , 1991, by and between ORANGE COUNTY, NORTH CAROLINA, whose address is North Carolina (hereinafter referred to as the "Grantor "); whose address is North Carolina (hereinafter referred to as the "Trustee "); and VINTON A. HOYLE, JR. and wife, MARTHA G. HOYLE, whose address is North Carolina (hereinafter referred to as the "Beneficiary "). The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W I T N E S S E T H: WHEREAS, under the authority of North Carolina General. Statutes Section 160A -20, the Grantor has delivered to the Beneficiary its Installment Purchase Promissory Note of even date (the "Note ") in the principal sum of $302,500, the terms of which are incorporated herein by reference, as a part of the payment of the purchase price for real property purchased from the Beneficiary. The final due date for payment of the Note, if not sooner paid, is , 1996. NOW, THEREFORE, as security for the Grantor's obligation under the Note and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City of , Township, Orange County, North Carolina, (the "Premises ") and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging to said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. if the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals.or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be cancelled of record at the request and the expense of the Grantor. If, however, there shall be (a) any default in the payment of any sums due under the Note or this Deed of Trust and such default is not cured within 10 days from the due date, or (b) any default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within 20 days after written notice, or (c) the occurrence of a Nonappropriation as described in the Note, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser.in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the'Sale shall after the Trustee retains his commission, together with reasonable attorneys' fees incurred by the Trustee in such proceeding, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to,the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5 %) of the gross proceeds of the sale or the minimum sum of $300.00 whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonably attorneys' fees, and a partial commission computed on five percent (5 %) of the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to -wit: one - fourth thereof before the Trustee issues a notice.of hearing on the right to foreclosure; one -half thereof after issuance of said notice; three - fourths thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. 2 And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. TAXES ASSESSMENTS4 CHARGES. The Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within 30 days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 2. WASTE. The Grantor will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and will not commit or permit any waste. 3. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount.so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 4. WARRANTIES. Grantor covenants with Trustee and Beneficiary that it is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that it will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. 5. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. 6. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such. sums so advanced shall be added to the principal sum, shall bear 3 interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 7. INDEMNITY. if any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 8. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 9. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as. Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorneys' fees of the Trustee in such action shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 10. NO DEFICIENCY. AS PROVIDED IN THE NOTE, NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE GRANTOR IN ANY ACTION TO ENFORCE THE RIGHTS OF THE HOLDER OF THE NOTE, THE TRUSTEE OR THE BENEFICIARY HEREUNDER OR UNDER THE NOTE OR PURSUANT TO THE OBLIGATION OF THE GRANTOR TO PURCHASE THE PREMISES; AND THE TAXING POWER OF THE GRANTOR IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE UNDER THE NOTE, THIS DEED OF TRUST OR THE GRANTOR'S OBLIGATION TO PURCHASE REAL PROPERTY IN CONNECTION WITH THIS TRANSACTION. 2 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its Chairman, attested by its Clerk and its seal to be hereunto affixed by authority of its Board of Commissioners, the day and year first above written. ATTEST: (SEAL) ORANGE COUNTY, NORTH CAROLINA By: Clerk Chairman CERTIFICATE OF LOCAL GOVERNMENT COMMISSION This Deed of Trust, the financing provided therein and the related Note have been approved under the provisions of Section 150A- -20 and Article 8 of Chapter 159 of the General Statutes of North Carolina. Secretary, Local Government Commission of North Carolina k NORTH CAROLINA ORANGE COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged that -he is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as an act of the County, the foregoing instrument was signed in its name by its Chairman, sealed with its seal and attested by as its Clerk. Witness my hand and official stamp or seal,, this day of 1991. Notary Public My Commission Expires: (SEAL - STAMP) The foregoing Certificate(s) of is' certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. COUNTY. REGISTER OF DEEDS FOR BY= Deputy /Assistant - Register of Deeds This ...q th_ ....... day of.. Ma7 1. ............. .. ....... ..............19q........ . ..................... avit) (Signature 'of person; akin a j� Sworn to and subscribed before me, this .......9 9 , W/, . ............................... dayof ........ . ........................... .......... & .. � ....... Notary Public My Commission Expires / )...­ ...... ............ ................... NORTH CAROLINA CLIPPING OF LEGAL ADVERTISEMENT ORANGE; COUNTY. ATTACHED HERE AFFIDAVIT OF PUBLICATION :,-:NOTICE Cf PUBLIC. HEARINGg,- ..... . .. .... WW' Board dI`,­C6mini§sidners of Before the undersigned, a Notary Public of said County and State, r �Drande',IpoU �6'ort ':- arolinalt66 hC duly commissioned, qualified. and authorized by law to administer oaths, vr P�5 domLQ swill; vpv �pgular-njee ing David 0. Jones, Id be", h6ld.j.,in.the courtroom of the personally appeared ....•• ....... ................................................................ .............. ice; -119 I5.`i`F4hklih'_ _711 . i Nonh.,, Card j na .. Strobt; 41' Hill`j W19 'if 06 M 1961- My, ay,. j. .................... .... . ..... .............. ................... .............. who being first duly .......... �1 - - -30 PM,- G PUbljg4 ;"ifilng,is i rie id W. Prop d pse 1cont(ad 46� sworn deposes and says: that be (she) is an authorized employee of The News of Orange County, engaged ,in the publication of a newspaper 1@6qu?Ir an—appro'kirat'sily -'acre tract-,' f vaEproperty on the known as The News of Orange County published, issued, and entered as South; side';of.Homestead.: Road;: second class mail in the City of Hillsborough, in said County and State; "lAleS,of.iighln►ay ,86,, Chapel_ North Carolina and to finance app"ro- that he (sire) is authorized to make this affidavit and sworn statement; V..X1n18t9V,$302,5O Oiof the purchase that the notice or other legal advertisement, a true copy of which is Pr a,,. UndWthp;aut ority,,'contained-,; attached hereto, was published in The News of Orange County on the 11 Jn Ndrttf-Ca�oflnxGeneral -,Statutes': i Is, ­01-i.— , jl_�, . A160A!!2O&jh C6_m'm'1s's­16neri_'i - .3� ­_­I, -orboose Ma7 8 _.t Ito e�'aclion en; onthe following dates: ....... ........................................................................... contract; ij[ifid- fj Mancing at the !.'conc*i6n-of- the 066-lic hearing. ....................... _J v6ri� A. Blythe ............... .......... ....... ........ .......................... Clerk t6the'O Co range. unty Board and that the said newspaper in which such notice, paper, document, or -M d. Commissioners legal advertisement was published was, at the time of each and every such p dblication, a newspaper meeting all of the requirements and quali- fications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This ...q th_ ....... day of.. Ma7 1. ............. .. ....... ..............19q........ . ..................... avit) (Signature 'of person; akin a j� Sworn to and subscribed before me, this .......9 9 , W/, . ............................... dayof ........ . ........................... .......... & .. � ....... Notary Public My Commission Expires / )...­ ...... ............ ................... OFFER TO PURCHASE AND CONTRACT � r as Buyer, hereby offers to purchase and Vinton A. w,1fe,M2rtha G. Hoyle as Seller, upon acceptance of said offer, agrees to sell and convey. all of that plot, piece or parcel or land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property'), in accordance with the Standard Provisions onlhcc REVERSE SIDE HEREOF and upon the following terms and conditions: 1. REAL PROPERTY: Located in the Jw o1 (, h n pp Ljia 7 1 County of Oran e State of North Carolina, being known as and more particularly described as: Street Address Homestead Road Cha el Hill, Zip 27516 Legal Description 34.10 acres OCd W 2. PERSONAL PROPERTY: . -.... S. PURCHASE PRICE: The purchase price is $ 8 5 2 5 O D . D and shall be paid as follows: (a) j ,in earnest money paid by (cash: bank. certified, or personal check) with the delivery of this contract, to be held in escrow by , as agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF; (b) j by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Property; (c) j 302 ,SOD . OO. by a promissory note secured by a purchase money dyed of trust on the Property with intermi prior to default at the raw of 7 ioper annum payable as follows; 19 uarterl avment 1 f ' nano.-i-nct to be ov de Prepayment restrictions and /or penalties, if any, shall be: Assumption or transfer rights, if any, shall be: (d)$ 5 5 0 r 0 0 0. 0 O,rhr"rtee try MMLI""OPhee 7+1 -Pirr cash at closing;. 4. CONDITIONS: (Suit N/A in each blank of paragraph 4(a) and 4(b) that is not a condition to this contract.) (a) The Buyer must be able to obtain a film commitment on or before _ NIA , effective through the date of closing, "fora loan in the principal amount of S rate not to exceed —� for a term of —N-LA— yea r(s), at an interest �•� % Per annum, with mortgage loan discount points not to exceed --N-ZA— ,o of the loan amount. Buyer agrees to use his best efforts to secure such commitment and to advise Seller immediately upon receipt of the lender's decision. If Seller is to pay any loan closing costs, those casts are as follows: (b) The Buyer must be able to assume the unpaid principal balance of the existing loan described in paragraph 3(b) above for the remainder of the loan term, at an interest rate not to exceed —,.N-Z$` % per annum fixed (or describe type of loan)_ with mongagc loan assumption and /or discount points not to excmtl N /A qo of rile Ivan balance. (Ste Standard Provision No. 2). If such assumption requires the lenders approval, approval must be granted on or before N secure such approval and to advise Seller immediately upon his receipt of the lender's decision, If Seller is to pay any loan[ assumption costsbcsefforts sts are as follows: N/A (e) There must be no restriction, casement, zoning Or other goverourI regulation that would prevent the reasonable use of the real property for V 5. ASSESSMENTS: Seller warrants that there are no special assessments, tither pending or confirmed, for sidewalk, paving, water, sewersps- other improvements on or adjoining the Property, except as follows: _ Nnn a _ (Insert "None' or the identification of such assessments, if any. The agreement for payment or proration of any assessments indicated is to be set forth in paragraph G below,) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall app to thi�nst �ment, except the following numbered Standard Provisions shall be deleted: (1 f none are to be deleted, state "None' 1 � 1 4 revised to read: Ad valorem taxes on weal property shall be prorated on a calendar year basis to the date of closing; any deferred taxes shall be Paid at closing by Seller; (b) "As soon as possible" in Paragraph 7 shall be deemed to mean when Sellers can furnish Buyer with estate closing letters from the Internal Revenue Service and the N.C. Dept. of Revenu (c) Martha G. Hoyle joins in the execution of this contract to bind herself to convey any marital interest she might have in the real property and for no other purposes. IF TfIERE ARE ANY ADDENDA 'I "O 11115 CONTRACT", INDICATE ABUvF: AND ATTACH I IERKTO, 7. GLO5INC: A11 parties agree to execute any and all dqc menu and papcn ncc—ry in connection with closing and transfer of title on or before a Gsi hl o(See 6 p ataplaee designated by The dcedistvbe made to Oran a Count North Carolina `- ---~ -- 8, POSSESSION: Possession shall be delivered In the event that Buyer has agreed that possession is not delivered at closing, then Seller agrees to pay to Buyer the sum of $ and including the date of closing to and including the date that possession is to be delivered as above set forth. per day from 9. COUNTERPARTS; This offer shall became a binding contract -lien signed by both Byer and Seller, It is to be Signed in counterparts with a signed counterpart being retained by each party hereto and the escrow agent, if any. Date of Offer: Date of Acc [ante: �+ Buyer ___-- [SEAL) Seller •�y�y.e� y� Buyer , I //t 71 (SEAL) _�(Sl•:A1.) Seller //( s SEAL) Date 1 hereby acknowledge receipt of the earnest money herein set forth and agree to hold and disburse the same in accordance with the terns hereof. F-1 in By: Name of Selling Agent /Firm Name of Listing Agent /Firm N -C. Bar Assoc. Form No. 2, Q 1987" This Standard Form has been adpromd jointly by the: °nrnrd by Sane— wail the N.C. air nt_ _l NORTH CAROLINA BAR ASSOCIATION umer wlllwms 6 Co.. Inc. avr 127 • v..d4lrwa;r. ti r _r.._. NORTH CAROLINA ASSOCIATION OF REALTORSt- IN(' STANDARD PROVISIONS 1. EARNEST MONEY: In the event this offer is not accepted, or in the event that any of the conditions hereto arc not satisfied, or in the event of a breach of this contract by Seller, then the earnest money shall be rcturneil to buyer, but such return -shall not affrrt any other u•nlediea available to Buyer for such breach, In the event this offer is at'eepu•d anti Buyer brtachts this contract, then the earnest nwucy 001 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 broker, the brnkrr is required by state law to retain said earnest money in his trust or escrow account until he has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. 2. LOAN ASSUMED: In the event a loan is assumed as part of the payment of the purchase price, then all payments due from Seller thereon must be current at cicsing, and the principal balance assumed shall be computed as of tilt date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to reflect the final computations. Unles Buyer has otherwise specifically agreed in writing, the existing —loan must be assumable without either acceleration of the amount sccurcd or any change in the original terms of the note and deed of trust. Buyer shall be responsible for all loan assumption costs. Seller shall have no obligation to pay any loan assumption costs unless specifically set forth in this contract. The escrow ac'cnunx. if any, shall be purchased by Buyer. 3. PROMISSORY NOTE AND DEED OF TRUST: In the event a promissory note secured by a decd or trust is given by Buyer u> Seller as part of the payment ul' the purchase price, the promissory note and tievd of Iru.t shall be in the form or and contain the pruvisiolts of the currcntly ;tppruved N. C. liar Association Forms I and 5, as maliGod in paragraph 3(C) on the reverse side hereof. 4. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at cloning, (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing: (b) Ad valorem taxes on personal property for the entire year shall 'tic paid by Seiler; (c) All late listing penalties, if arty, shall be paid by Seller-. (d) Rents, if any, for the Property shall be prorated to the date of closing; (c) Accrued, but unpaid interest and othcx charges to Scllcr, if am, shall be computed to the date of closing and paid by Sellcr. Interest and other charges prepaid by 5eller shall be credited to Seller at closing and paid by Buyer. (Ocher charges may include P14A mortgage irtsurancr premiums, private mortgage insurance premiums and homeowner's association dues.) 5. FIRE AND OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to ; iosing shall be upon Seller. 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted. (b) All deeds or trust. liens and nthrr charges against the Property, not assumed by Buyer, must be paid and cancelled by Seller prior to or at closing, (c) Title must be delivered at closing by general .warranty deed and must be fti- simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to Elie date of closing), utility easements and unviolated restrictive covenants that do not materially affect the value of ;hc Prope --y and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 7. NEW LOAN: Buyer shall be responsible for all costs with respect to any new loan obtained by Buyer. Seller shall have no obligation to pay any discount fee or other charge in connection therewith unless specifically set forth in this contract. 8. INSPECTIONS: Unless otherwise slated herein: (i) the electrical, plumbing, heating and cooling systems and built4n appliances, if any, shall be in good working order at closing; (ii) the roof, gutters. structural components, foundation. fireplace(s) and chimney(s) shall be performing the function for which intended and shall not be in need of immediate repair; (iii) there shall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and (iv) the well /water and septic /sc-cr systcros, if any, shall be adequate, not in need of immediate repair and performing the function for which intended. Buyer shall have the option to have the above listed systernt . items and conditions inspected by a reputable iaspcctor or contractC -, a; Buyer's expense (unless otherwise provided in this contract), but such inspections must be completed in sufficient time before closing to permit any repairs to be completed by closing. If any repairs are necessary, Seller shall have the option' of (a) completing them, (b) providing for their completion, or (e) refusing to complete them. If Seller elects not to complete or provide for the cnmplt•tiun of the repain, rhvn buyer shall have the option of (d) accepting the Property in its present condition, or (e) terminating this contract, in which case the earnest money shall be refunded- Closing shall constitute acceptance of each of the systems, items and conditions listed in (i), (ii), (iii) and (iv) above in its then existing condition unless provision is otherwise made in writing. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN, SELLER SHALL PAY THE COST OF ANY WELL /WATER AND SEPTIC /SEWER SYSTEM INSPECTION. RECOMMENDATION: Buyer should have any inspections made prior to incurring expenses for cla,ing. 11. WOOD - DESTROYING INSECTS: Unless otherwise stated herein Buyer shall have the option of obtaining, at Buyer's'expense, a report from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Structural Pest Control Committee, stating that there was no visible evidence of wood - destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time before closing so as to permit treatment, if any, and repairs, if any, to be completed prior to c!cx;ing, All treatment required &hall b, paid for by Seller and completed prior to closing, unless otherwise agreed upon in writing by the parties. If any structural repairs are necessary. Seller shall have the option of (a) completing them, (b) providing for their completion, or (c) refusing to complete them, If Seller elects not to complete or provide for the completion of structural repairs, then Buyer shall have the option of (d) accepting the Property in its present condition, or (c) terminating this contract, in which case the earnest money shall be refunded. The Buver is advised that the inspection and report described in this paraglal2h maX not always reveal either structural damage or damage caused by assents or organisms ocher than wood- destroving insects. If new construction, Seller shall provide a new construction termite guarantee. IF BUYER OBTAINS A VETERANS ADMINISTRATION (VA) LOAN. SELLER SHALL PAY THE COST OF THE WOOD - DESTRO) ING INSECT REPORT. 10. LABOR AND MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in a tank on the Property at the prevailing rate, with the cost of measurement thereof, if any, being paid by Seller. 12, CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the excise tax (revenue stamps) required by law. Buyer shall pay for recording the deed and for Preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. . 13. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably passible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title. surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property, 14. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if assigned by agreemenE, then this contract shall be binding on the assignee and his heirs and successors. 15. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the Property, This contract contains the entire agrccmcnt of the parties and there are no representations, inducements or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTORO or broker and Seller as contained in any listing contract or other agreement between them. N.C. Bar Form Nc. 2, a). 198', It1'Cc ITEMS FOR FOLLOWUP BOARD MEETING DATE: 5- ;zlz�p / ITEM # TITLE TYPE OF FOLLOWUP FOLLOWUP COMPLETED 6"e-t ll�'— c Z- 'loo� LEGALLY BINDING COMMITMENT DEVELOPMENT AGREEMENT HOUSING DEVELOPMENT GRANT PROGRAM COUNTY OF ORANGE, NORTH CAROLINA TVs AGREEMENT, made and entered into this JU4 day Of dj4 , 1991, by and between Habitat for Humanity of Orange Co, Inc., hereinafter referred to as the "Habitat ", and the County of Orange, a body politic located in the State of North Carolina, hereinafter referred to as the "County ". This agreement will not become effective until all conditions placed upon the County's funding approval are satisfied and funds are released by the N.C. Department of Economic and Community Development (ECD). WITNESSTH WHEREAS, Habitat owns a parcel of approximately 74 acres located in the Bingham Township of Orange County; and WHEREAS, a portion of said property was developed as Phase One - Chestnut Oaks, as shown on a map recorded in Plat Book 45, Page 122, Orange County Registry on September 9, 1986; and WHEREAS, the remaining portion of said 74 acre parcel, which is more particularly described in Exhibit B attached hereto, is still owned by Habitat, said remaining portion of the parcel being hereinafter referred to as "the property "; and WHEREAS, Habitat desires to improve the Property with a number of single - family residences, in accordance with all applicable legal requirements and the Charter and Bylaws of Habitat, for sale to low and moderate income families; and WHEREAS, Orange County desires to participate in this project and has received a grant from the N.C. Department of Economic and Community Development Division of Community Assistance in the amount of $175,000 to be used for street improvements on the Property; and WHEREAS, the Division of Community Assistance has conditioned its approval of the requested grant upon Habitat's ability to meet certain financial requirements, which will enable Habitat to construct at least eleven (11) residences on the subject property within the period hereinafter specified; and 1 r' WHEREAS, Habitat does not presently have a sufficient amount of liquid assets and pledges designated for use in the construction of such residences, but has secured a loan commitment in the amount of $365,000, as documented in Exhibit C, which can be utilized to raise the required capital for house construction, if necessary; NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties hereto do agree as follows: 1. Habitat agrees to execute its responsibilities identified in the County's CDBG Application to ECD dated October 16, 1991 (Exhibit A). 2. Habitat further agrees to construct no fewer than eleven (11) houses for low and moderate income families meeting all applicable legal requirements. With prior approval from ECD, this commitment may be partially waived by the County if failure to meet the commitment is determined to be due to events beyond the control of the Developer including, but not limited to, an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the project as described in the application. Habitat further agrees to execute and deliver to Central Carolina Bank the loan commitment letter, a copy of which is Exhibit C to this agreement, on or before May 31, 1991. 3. The County agrees to execute its responsibilities as defined in the approved grant application (Exhibit A) and within the times set forth therein. 4. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this agreement. 5. Each party agrees that any authorized representative of the County of Orange, the North Carolina Department of Economic and Community Development, the North Carolina Department of Housing and Urban Development, and Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfillment of this agreement for a period of three (3) years following the completion of all closeout procedures respecting the Community Development funds, and the final settlement and conclusion of all issues arising out of the community Development project. 2 6. Not withstanding anything herein to the contrary, the parties, hereto acknowledge the due execution of the Community Development Grant Agreement between the County and ECD and agree that any conflict between the provisions, requirements, duties or obligations of this agreement and the Community Development Grant Agreement shall be resolved in favor of the community Development Grant Agreement_ 7. If at the end of the approved project period ECD determines that the Habitat has failed to construct the subject houses, then Habitat shall secure the loan described in Exhibit C to obtain the capital necessary for completion of the house construction and Complete the house construction with the borrowed funds as specified in Exhibit C. 8. Upon completion of the obligation of each party under this Agreement, and the receipt of a Certificate of Completion from ECD; the County shall notify Habitat in writing that all requirements have been fulfilled thereby releasing Habitat from its obligations herein stated. 9. This Development Agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. ATTEST Beverly Blythe, Clerk to the Board of Commissioners COUNTY OF ORANGE, N.C. MoseFs "Carey , Jr. Chairman, Orange Count oard of Commissioners HABITAT FOR HUMANITY OF ORANGE COUNTY, NC, INC. ATTEST Edie Salmony,2nd V'ce- resident Diane Linfors, Sec. /Treas. 3 r" i� r EXHIBIT B LEGAL DESCRIPTION Adjoining the lands of Charles W. Lloyd, R.L. Lloyd, Dunlap and Andrews, Joseph McCauley and others, bounded as follows: BEGINNING at the Northwest corner of Dunlap and Andrews tracts and the line of N.L. Lloyd, running thence South with the line of Dunlap and Andrews 16.19 chains to the stake, the Northeast corner of the tract conveyed to Joseph McCauley by W. 0. Lloyd, thence West along the line of said McCauley 47.30 chains to the stake 30 links below the old corner; thence North with the line of William Edwards 16.15 chains to pointers, said Edwards' (formerly Neville's corner); thence East with the lines of said William Edwards, Charles W. Lloyd and R.L. Lloyd 47.30 chains to the BEGINNING, containing 77.25 acres more or less. References made to deed of R.L. Lloyd and wife to J.W. Lloyd and N. G. Lloyd dated March 3, 1929, recorded at Book 78, Page 402 and deed of J.W. Lloyd and wife N.G. Lloyd dated March 20, 1923 and recorded in Book 83, Page 390, Orange County Registry. EXHIBIT C CCBr Habitat for Humanity of Orange County NC, Inc. Mr. John Eckblad, President PO Box 3673 Chapel Hill, NC 27515 April 16, 1991 RE: Construction Loan: Chestnut Oaks Subdivision Dear Mr. Eckblad: Central Carolina Bank and Trust Company and Orange Federal Savings and Loan Association, (hereinafter called "Banks "), are pleased to advise Habitat for Humanity of Orange County NC, Inc., (hereinafter called "Borrower "), that we have approved contingent construction financing for eleven (11) single family residences. The purpose of this commitment is to make funds available to satis- fy the requirements of a grant from the State of North Carolina that eleven (11) low to moderate residences will be built in the Chestnut Oaks Subdivision within the time constraints outlined in the grant. This commitment will only be utilized if, as, or when donations to the Borrower are not sufficient to continue the construction of the residences and other site improvements on a timely basis. After completion, The residences are to be sold to qualified low to moderate income families in Orange County. The terms and conditions of this commitment are as follows: 1. BORROWER- Habitat for Humanity of Orange County NC, Inc. 2. SECURITY: First mortgage lien on the remaining lots of Phase I, Phase II, and Phase III of the Chestnut Oaks Subdivision, Orange County, NC, and all improvements to be built thereon. Security shall include the proportionate interest in the common elements including but not limit- ed to streets, rights of ways and all such appurtenances together with an assignment to the Banks of all rights necessary to provide the residences with those utilities, including but not limited to sewer, water, electricity and gas services, approved by those govern- mental authorities having jurisdiction thereof. in addition, security shall consist of an Assignment of Leases, Rents, and Profits, and present and future mortgages now held or to be held by the Borrower. Regional Lending Center Suite 490, Europa Center, 100 Europa Drive Cliaprl Hill, North Carolina 7.7515, 919/932-2731 r ° "Inl ­ , 3. LOAN AMOUNT: li Three Hundred Fifty Six Thousand Five Hundred ($356,500.00) Dollars. Of this amount, the loan allocations will be as follows: * Project Development- $352,000.00 * Professional Services - Surveyor 4,500.00 4. INTEREST RATE AND MATURITY: The mortgage documents shall be drawn "ON DEMAND" and provide for interest on the outstanding balance, payable on the first of the month at One (1.0 %) percent per annum floating above Central Carolina Bank's published prime interest rate. Such interest rate may be revised and restated from time to time, if, as and when changes in said prime rate occur, on a daily basis. An origination fee of one (1.0 %) percent will become due and payable on each disbursement made per item 7., Method of Disbursement, if and when such a disbursement is requested. The maturity date of this commitment shall be July 1, 1993. The ma- turity date may be revised or restated, at the Banks' option, but such revision or restatement must be in writing. 5. METHOD OF DISBURSEMENT: Of the $352,000.00 allocated for project development, there will be a total of only $329000.00 allocated for disbursement for the con- struction and site improvements and certain soft costs of each re- sidence. Advances will be disbursed out of the loan revenue allocations in such a manner that the residence and site improvements will be com- pleted after full disbursement of this amount. 6. METHOD OF REPAYMENT: The repayment release amount will be paid at the time of closing of each permanent mortgage. Said repayment release will be subject to the Banks' review. The repayment amount is as follows: * Each Residence - $32,000.00 7. The attached Construction Loan Agreement, a copy of which will be signed at closing, becomes an integral part of this letter. The Borrower's signature at the bottom of this letter acknowledge receipt and an un- derstanding of the terms contained therein. 8 . OTHER TERMS AND CONDITIONS: A. The Borrowers shall submit, on an annual basis, a corporate fed- eral tax return and financial statement. B. The loan is to be evidenced by a Note and Deed of Trust drawn on standard Central Carolina Bank forms, which shall be signed by the Borrower and contain such provisions and conditions as we deem necessary to carry out the terms and conditions of this commitment. C. Immediately after closing, the Banks shall be furnished with a Title Opinion by their attorney, showing the security interest and only such exceptions as the Banks' approve. D. All taxes, assesments, ground rents, and charges of every charac- ter due and payable at closing will be paid in full. E. Each residence shall be constructed strictly in accordance with the plans and specifications which shall he submitted to and ap- provrd by the Banks, Any deviation therefrom mast be approved by the Banks in writing prior to any disbursement of funds. Con- struction must progress in such a fashion and within such limits of time to assure the Banks in their sole opinion that the resi- dences shall be completed on or before the maturity date. The Banks reserve the right to conduct such periodic inspections as deemed necessary. F. All expenses involved with the title examination, preparation of Note, Deed of Trust, and other documentation required, are to be paid by the Borrower. G. As specifically provided by the Deed of Trust, this loan ".... shall become due and payable forthwith if the party of the first part shall .convey said premises or if title thereto shall become vested in another, in any manner whatsoever... ". In addition, this commitment shall terminate and all construction mortgages hereunder shall become due at the option of the Banks in the event of the filing by the Borrower or against the Borrower a petition in Bankruptcy or insolvency or in reorganization or the making by the Borrower of an assignment for the benefit of creditors or the filing of a petition for an arrangement by the Borrower which is not withdrawn or dismissed, cancelled, and /or terminat- ed before the closing date of this loan, or in the event the terms and conditions of this commitment are not met as herein provided. A default under any loan including this loan from the Banks to the Borrower shall constitute a default under every other such loan, including this loan. It. Documents required prior to the first advance are as follows: * Note and recorded Deed of Trust * Title Insurance All Risk /Builder's Risk Insurance. This policy must in- clude coverage for the theft of materals. * Foundation Survey * Signed Commitment Letter * Copy of Building Permit * Construction Loan Disbursement Authorization * Construction Loan Agreement * Executed Affidavit Regarding Liens * Executed Borrowering Resolution I. The title search, and closing of the loan is to be done by an attorney of the Borrowers' choice and acceptable to the Banks. J. This commitment shall not be assigned by the Borrower or by opera- tion of law or otherwise and in the event of such assignment, may be terminated by the Banks at their option. K. This commitment will expire at our option on May 31, 1991, with- out notice to you and without liability to us unless on or before date we have received a copy signed by you to indicate your accept- ance. It has been our pleasure to review this request and we look forward to working with you on this project in the future. If you have any questions, please o not hesitate to give me a call. Signed is 16 of Aril, 1991. BY: BY- i'' it Mark R. Royster R. David Kimball Vice President Sr. Vice President MRR /RDK /blp ACCEPTED BY: Habitat for Humanity of Orange County NC, Inc. Bv: John Eckblad President Date H CENTRAL CAROLINA ,.ANK AND TRUST COMPANY, NA 3NAL ASSOCIATION CONSTRUCTION LOAN AGREEMENT This day of 19 the undersigned, sometimes hereinafter referred to as the — Borrowef ex- pressly covenants with CENTRAL CAROLINA BANK AND TRUST COMPANY, NATIONAL ASSOCIATION, hereinafter referred to as die "Bank" and agrees In consideration of the granting of a loan by the Bank evidenced by a Note in the face anwunt of f of even date and secured by a Deed of Trust, to do and perform the following licit end things and comply with all the following provisions: 1. To furnish the Bank with approved plans, specifications, building permits and any other required permits or special licenses, scale details and sratcuH:rus showing Itemized cost of proposed Improvements, said itemization to be based on contracts let wherever possible - otherwise on reasonable estimates. 2. To cause all contracts for materials and labor furnished for the construction project to be subordinated to Bank's Deed of Trust; including the witiver opt any right to have, file or maintain mechanic's or materiatlmen's Bens against the premises described in said Deed of Trust. 3. To conditionally assign to the Bank Borrower's interest In the general construction contract executed by the General Contractor, and other contracts required by the Bank, and the architecture contract, if any. Such assignments shall be acknowledged and approved by the contractors) and the Architect and such acknowledgements shall authorize the Bank to use the Plans in the event of an occurrence of an Event of Default by Borrower. 4. To not, without the prior written approval of the Bank, terminate or cancel Its contracts or agreements with General Contractor or Architect, it an,. Im the providing of labor, services or materials In connection with the construction of the Improvements. Subsequent to the date of this Construction Lman Agree- ment, notice must be given to the Bank by Borrower of any contractors or architects contracted with by Borrower as substitutes for General Cumtrortnr or Architects, If any, or as additional general contractors, architects or project coordinators, and the Bank has the right to approve or disapprove such subsiku, Lion in its sole discretion and to require the submission of any additional loan documentation regarding such substitutes. 5. To cause the construction of the Improvements to be carried on continuously, and to complete, free from all cs' liens, and in compliance with building restrictions and ordinances, within months from the date of the Note, the improvements in acc�' a respective plans and specilicatkm% submitted. 5. To give the Bank the right, during construction of the Improvements, to Inspect, or employ of the Borrower's ex r construction cmisultant to Inspect the same and to reject and/or require to be replaced any material or workmanship that does not comp y pl, h specifications and to verify costs, value all existing Improvements In place, and estimate costs to complete All proposed improvements, It Is unde and agreed that an% Inspections made by the Bank shall be solely for the Bank's protection and the Bank shall not thereby Incur any liability w the under ed or to any third panies. 7. To furnish a survey prior to the first disbursement of this loan by a surveyor satisfactory to the Bank, showing said buildings wholly within lines of the tract conveyed by the Deed of Trust and not In violation of any restrictive covemam or other ordinances or regulations. 8. To furnish evidence the property, and the intended uses of the property arc In compliance with all applicable laws, covenants, regulations and urthnanecs. 9. To obtain the approval of the Bank's attorney on all legal matters pertaining to the loan. 10. To furnish insurance in amount, form and with companies satisfactory to the Bank, Including workman's compensation insurance. I I. To pay and secure releases of all encumbrances of record which in the opinion of the Bank are or will be prior or detrimental to it% security inerc.st 12. To evidence this loan by a Note secured by a Deed of Trust drawn on Bank approved or standard Bank forms, together with such other required di clullents as are deemed necessary by the Bank, 13. Upon the Bank's request, Borrower will execute and deliver, or cause to be executed and delivered, security agreements encumbering building ni:deriuls and equipment and other supporting documents that the Bands may from time to time require In connection therewith, including financing s(aenients and record searches under the Uniform Commercial Code. 14. To be vested at closing with fee simple title to the property encumbered by the Deed of Trost and to furnish the Bards of closing with a title opinion by On attorney satisfactory to the Bank and title insurance commitment, describing the said property, with only such exceptions to clear tide as may be appntvcd by the Bank; and upon request to provide the Bank with a title insurance policy acceptable to the Bank. 15, To pay all expenses Incurred In obtaining tide examinations, appraisals, surveys, preparation of rotes, deeds of trust, c41er documentation and art iety 1,t said documents by Bank's attorney whether or not The loan is actually made, 16, To permit no commencement of any work or the delivery of any material until the Note and Deed of Trust have been executed and the Deed nl' Trust rca rrded. and until permission to stall work or deliver material has been given by the Bank. If delivery of materials or construction is In progress prior to the rcctnrdauion of the Deed of Trust, receipt of acceptable tide Insurance coverage specifically insuring the Bank against any loss or litigation costs arising from said deliver) of material or construction will be required prior to any disbursement of proceeds, 17. The proceeds of this loan shall be disbursed no more frequently than once in a calendar month. The final draw shall be equivalent to at luasl :p'.i ml dte loan proceeds and advanced only upon completion of construction; and all proceeds may be advanced by check payable to the Borrower, ur• by dcprsa to Borrower's construction deposit account at The Bank, or according to a signed Bank form Construction Loan Disbursement Authorization. I8. To pay interest monthly on all funds disbursed to date. 19. To furnish from time to time whenever requested, a statement showing an itemization of expenditures to date. Items due and unpaid, hems nccc>san for completion and IlcFm purchased whether or not stored on the job site in form satisfactory to Bank; and to support said statement with receipted hills, nllidif its. lien waivers and other satisfactory evidence of payments, cost estimates and/or contracts. 20. Borrower agrees that If for any reason the remaining undisbursed loan balance shall, in Bank's opinion, be insufficient to pay all anuunls prewnd% duc "i and all amounts necessary to be incurred for the completion of the construction project, Borrower will within ten (10) days after request by the Bank. delntnsn the estimated deficiency with the Bank, which deposit shall be used first before any further disbursement of loan proceeds shall be made, or at llte Bank's option make such other provisions for the funding of the estimated deficiency as may be acceptable to the Bank. 21. Borrower agrees that any funds advanced or deposited by Borrower or any person or entity other than Bank shall In all respect be subordinate in the lien of Bank's Construction Deed of Trust including without limiution amounts then outstanding and subsequently advanced, and further agrees that this pruvisk+u shall be immediately, completely, and continuously effective without further evidence, documentation, or action of any kind by any party to ihis apices nenu or otherwise. 22. To use such funds as are disbursed pursuant to each loan for the payment of material bills, labor, and for other uses or purposes in and for the comirtctio n of the building or Improvements for which said loan has been made. 23. The Bank shall not be obligated to make further advances on the loan if in its opinion the undersigned has not complied with all the provision, set 11,1111 in this Construction loan Agreement or related documents. All advances made under the terms of Bank's Deed of Trust shall he deemed mhhgamr� tehcu made whether or not Bank shall have previously been relieved of its obligation to make further advances by reason of default by Borrower. 24, To authorize the Bank at any time, without consent of the undersigned if in Bank's opinion it becomes necessary, to pay bills and /or complete any ihtiprut snarl >. using for such purposes the undisburscd net proceeds of the loan and any deposited funds, upon which the Bank shall have a first lien. Nothing citmaiuva herein shall In any way be construed as a covenant by the Bank to so pay or complete. Further, at Its option, Bank may make all loan dishursencnrs direetlr to the general contractor, any subcontractor, lahorer, material supplier, or any other entity providing labor, services or materials in conneclt1,n %tah the construction of any or all Improvement%: and the execution of this agreement by the Borrower shall, and hereby lines. constitute an irrevtrahle diteetittnn and authorization to so disburse the funds. Nn further direction nr audtorizatinn shall be necessary to warrant such direct dislenrsenicnl% will all such disbur,owin. t a i r t. " r^ 1 , •r. 'I'll )tenon no material change in management,' ership, membership or control of Borrower or any-.4c, transfer or conveyance, whether volr,ntery of . involuntary. of the property or any portion thereof. 'F. fn enmply with and Perfonn each and every provision and condition of the construction loan commitment from the Bank as evidenced by the commitment letter 116 the Borrower dated . Any provision of the commitment lever to the contrary notwithstanding, the provisions of this Con- sln11:uun Iman Agreement shall in all respects be deemed controlling. In caw tit the happening of any of the following events (hereinaBer celled "Events of Default"): a. Any representation or warranty made herein shall prove to be false or misleading in any material respect. Is. .Any report, certificate, financial statement or other instnunenl furnished In con necdon with this Constrocdon Loan Agreement or rho borrowing hereunder shall prove to be false or misleading in any material respect; e Delimit In the payment of the principal or Interest on the Note, as and when due and payable; d Default shall he made with respect to any indebtedness (other than the Note) of the Borrower when due or the performance of any other obligation incunvd ill conucclion with any indebtedness for borrowed money of ate Borrower, if the effect of such default is to aecderale die maturity of such indebtedness; c. Iehah in die due observance or performance of any covenant, condition, or agreement on the part of the Borrower to be observed or performed pursuant 116 the terms of this Construction Loan Agreement or the Deed of Trust; 1 Borrower %hall voluntarily file a petition under the Federal Bankruptcy Act, as such Act may from time to time be amended, or under any almilar or .u%re.otr Pederal Statute relating to bankruptcy. Insolvency, arrangements or reorganizations, or under any state bankruptcy or Insolvency act, or file an am%%er in an involuntary proceeding admitting Insolvency or inability to pay debts, or if Borrower shall fail to obtain a vacation or gray of involuntary pro - vvedul9s brought for the reorganization, dissolution or liquidation of Borrower, or If Borrower shall be adjudged a bankrupt, or If a I.ta a In receiver shag Its- apl•tinled fur Borrower or Borrower's property, or If the property shall become subject to the jurisdiction of a Federal bankruptcy court or $toiler state ru11n. or if Burrower shall nuke an assignment for the benefit of Borrower's creditors, or If there Is an attachment, execution, or other judicial seizure of am purtiun or Borrower's assets and such seizure is not discharged within ten days; f. Final iudgemenl fur the payment of nroncy shall be rendered against the Borrower or a Guarantor, and the same shall remain undischarged for a period 111 .111 .lays during which execution s�all not be effectively stayed; l I>,•anh of the Borrower If Borrower, is an Individual, 1. 1 he Hunk should otherwise, deem itself, its security interest, or any debt hereunder unsafe or insecure or should the Bank believe In good faith that III-' prospect of paynhenl "or other performance is impaired. then. to any time dipreafter during the continuance of any such event, the Bank may, at its option, take any or all of the following actions, at the same ill dillcrctil lilacs: , tit th•chvc the Note hi be forthwith due and payable, whereupon the Note shell become forthwith due and payable, both as to principal and Interest, without presrnutrenl. demand, protest, or other notice of any kind, all of which are hereby expressly wailed, anything contained herein or In the Note to the contrary nut%uhstanding, and/or bit rake immediate possession of the real property and personal property encumbered by the Deed of Trust and/or 1 un ivr1ofm tiny work necessary to complete said improvements substantially In accordance with the pliers and specifications, and Borrower nitres and cun,uttmes the flank its true and lawful attorney -in -fact with fug power In the Property to complete the improvements In the name of Borrower, pay all trill, and expenses incurred thereby, (but In such event the Bank does not assume responsibility to pay bills owed by Borrower me the dme the Bank elects 116 inks puyaession of the Property), and do all other acts on behalf of and In Borrower's name necessary or desirable for the project's completion, this power Iw1n9 a power coupled with an interest which cannot be revoked, and/or lien have a receiver appointed as a matter of right without regard to the solvency of the Borrower, for the purpose of preserving the property securing this hi.m, preventing waste, to protect the rights accruing to the Bank by virtue of this Concoction Loan Agreement, the Note, the Deed of Trust, and Io I -Dorn such activities referred to in subparagraph iii above and /or 1% t • to'sue any and all remedies provided for hereunder and as provided in the Note and Deed of Trust. �u. :unls expended by the Bank pursuant to the provisions of this Paragraph 27 shall become pan of the Indebtedness secured by the Deed of Trust, .h.d! 1xm interest front date of dishursement at the rate provided in the Note, shall be payable upon demand and shall be secured by the Deed of Trust c%ro 1111611911 such sums. when added to previous advances to Borrower, shall exceed the face amount of the Note. The remedies provided in this paragraph shall tr in atkliii(m ur udter remedies provided by law and provided in this Conviction Loan Agreement, tie Noe, the Deed of Trust, or other ban doarmcmdon. 'x- Iris- terms, provisions, conditions and requirements made and set forth herein are for the benefit of the parties hereto and to better define the terms of the 1!6an, and in no event shall the Bank be construed to be BnrrOWer'a agent, and in no event Is the Bank assuming Borrower's responsibility for proper payments I'6 t ­111rncror alul utters. It is specifically further intended that no party shall be a third party beneficiary hereunder eicept and unless h is specifically provided hvleln that tiny provision $hull uperate ur inure to die use and benefit of a third party; Le., no sub - contractor, no sub-subcontraclor or material supplier "Uh have am. rights hereunder against the Bank, or be entitled to protection of any of the covenants herein contained, although such parties may have recourse I's dw Itulrnwcr. " ul I,ulies w Ibis agreement hereby waive any requirement of written notation of any and all present or future advances of funds. ^••!: ,01LA perch) ackou"Iedges receipt of a copy of this agreement and agrees to the ternu and conditions set out herein. n 1;5I ",ION1 WIIEREOF. each u tillers ignod individual party has hereunto set his hand and adopted as his seal rte word "SEAL" appearing beside or near :1. •1 :a1.r „uc, this. sealed instrument be executed and delivered on the day and year first above written. (SEAL) (SEAL) (SEAL) (SEAL) IP :iIINIONY WHEREOF. the undersigned corporate party has caused this Construction Loan Agreement to be pigned in its corporate name by its President :nod its curpmrale Seal to be hereto affixed and attested by its Secretary, all by authority of its Board of Directors d:. ci,%n: and iunsed this sealed instrument to be executed and delivered on the day and year first above written. t hk l'1 hL q'f l? ATTEST: By: NAME OF CORPORATION SECRETARY PRESIDENT -S l INIONY WHEREOF, the undersigned partnership has caused this Construction Loan Agreement to be signed in its partnership name and has adopted 11 n, "';'1 lu• 1%10111 • •SEAL ' appearing beside or near its partnership name, this Mated instrument being executed and delivered on dre day and year first above wriaat. MX N:wK ul 113nnurship or Joint Venture General Partner bur htanagin9 General Partner) (SEAL) By; General Partner (SEAL) (SEAL) BY; (SEAL) General Partner Accepted as of the dale first herelnabove written CENTRAL CAROLINA BANK AND TRUST COMPANY, NATIONAL ASSOCIATION By Tide 4r er,t:�. NORTH CAROLINA LEASE ORANGE COUNTY This lease agreement entered into this 21st day of May, 1991 by and between Annie D. Freeland of Hillsborough, Orange County, North Carolina, hereinafter referred to as Lessor and Orange County, North Carolina, 109 Court Street Hillsborough, North Carolina 27278, hereinafter referred to as Lessee, Lessor hereby agrees to lease the property described below to Lessee upon the following terms and conditions: 1. The Property. The property herein leased is a tract and parcel of land, together with all improvements located thereon, located in Hillsborough Township, Orange County, North Carolina and more particularly described as follows: Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new corner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iron witness on bank) and South 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. 00' 00" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to plat and survey of Alexander T. Davidson, R.L.S., dated January 12, 1986 and entitled, "Property of William G. and Annie D. Freeland." This is the same property conveyed to Lessor from by deed recorded at Book Page of the Orange County Registry. 2. The Lease. The lease will commence April 1, 1991, and terminate March 31, 1996. Lessor or Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the Page 1 amount of One Hundred Dollars ($100.00) per month for each and every month of the term of this lease, payable on or before the 1st of each month of the lease term. 3. Improvements and Maintenance. Lessee shall have the right to make any and all improvements, temporary or permanent, to the premises as deemed necessary and desirable by Lessee for its use of the premises. It is anticipated that Lessee will use the premises for solid waste "dumpsters." It is further intended that the premises will accommodate and be used for at least twenty -five (25) "dumpsters." Lessee agrees to fence the dumpster site and leave and provide a buffer strip of vegetation in its natural state of at lease 8 feet in width along Highway 57. All improvements made to the premises shall be made at the expense of Lessee. All such improvements which are made to the premises which cannot be removed without damage to the premises shall become a part of the premises and upon the termination of this lease shall be the property of owner of the premises. Any additional ad valorem taxes resulting from any permanent improvements to the premises shall be the responsibility of the Lessee. From and after the time Lessee takes possession of the premises it shall be the responsibility of Lessee to maintain the premises in a neat, clean and orderly condition at all times. Roadways, parking areas, and other public access ways shall be maintained by Leesee. Fences installed on the premises by Lessee shall also be maintained by Lessee. Page 2 i 4. Taxes. Lessor agrees to pay all taxes and assessments during the term of this lease, including but not limited to municipal, county and state taxes assessed against said premises which are incident to the ownership of said premises. 5. Insurance and Indemnity. Lessee shall, at Lessee's expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of $300,000/$300,000 for personal injury or death and $100,000 for property damage. The Lessor shall be named as an additional insured in this policy. Lessee shall deliver said policy or a certificate of insurance to Lessor together with evidence of full payment of premiums. To the extent permitted by law and to the extent provided for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the premises or elsewhere. 6. Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 7. Parties. This lease shall be binding and shall Page 3 i �; . �.� .. �. i.. � .: _ ..,. � .. ' �. . _ ... G.!,. ' inure to the benefit of the parties and their heirs, successors and assigns. 8. Entire Agreement; Waiver. This lease contains the entire agreement of the parties and there are not representations, inducements, or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and signed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by Lessor or Lessee of any breach by the other of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. Page 4 ANNIE D. FREELAND Copy... / ,.. ,_ a ,_ .. -. _� NORTH CAROLINA ORANGE COUNTY I, a Notary Public of said State and County do hereby certify that Annie D. Freeland personally appeared before me this day and acknowledged the due execution of the foregoing Lease. Witness my hand and official seal, this the -j day of Tu qE- , 1991. Notary Public - =-34y eemmission expires: ORANGE COUNTY By: Chair, Orange County / f Board of Commissioners Z ATTE (Official Seal) Clerk it the Board Commissioners Page 5 1� 0 NORTH CAROLINA ORANGE COUNTY This the day of June- , 1 9 r'11 , personally came before me _ ►� rjN_ who, being by me duly sworn, says that she know the c mon seal of Orange County and is acquainted with �es Mo- -- who is Chairman of the Board of Commissi ers of Orange County, and that she, the said , signed her name in attestation of the execution o said instrument in the presence of said Chairman of said Board of County Commissioners. Witness my hand and official seal, this the ^`day of e_ 1991. �`, r� __ _ No ary Pub is -- 1�9� cQmm isd LcT expires: *Cai'rct�l ation or termination clause which allows either party to get out of the lease within 90 days. Page 6 Air Y _ ti. �r ✓ _ r • - Air Y