HomeMy WebLinkAboutRES-2022-028-Resolution Authorizing Upset Bid Process for 129 East King Street RES- 2022 -028
Attachment # 4
Resolution Authorizing Upset Bid Process for 129 East King Street
WHEREAS, Orange County owns certain property, . 24 acres of land and 7 , 100 square feet of
building improvements located at 129 East King Street, Hillsborough , NC; and
WHEREAS, North Carolina General Statue 160A- 269 permits the County to sell property by upset
bid , after receipt of an offer for the property; and
WHEREAS, Orange County has received an offer to purchase the property described above , in
the amount of $ 178, 000 submitted by Miller Property Management , LLC, Durham , NC; and
WHEREAS, Miller Property Management has paid the required five percent ( 5 % ) deposit on its
offer;
THEREFORE , we , the Orange County Board of County Commissioners resolve that .
1 . The Orange County Board of County Commissioners authorizes the sale of the property
described above through the upset bid procedure of North Carolina General Statute
160A- 269 .
2 . The Orange County Purchasing Agent ` shall cause a notice of the proposed sale to be
published . The notice shall describe the property and the amount of the offer, and shall
state the terms under which the offer may be upset .
3 . Persons wishing to upset the offer that has been received shall submit a sealed bid with
their offer to the office of the Purchasing Agent, located at 405 Meadowlands Drive ,
Hillsborough , NC, within 10 days after the notice of sale is published . At the conclusion
of the ten - day period , the Purchasing Agent shall open the bids , if any, and the highest
such bid will become the new offer . If there is more than one bid in the highest amount,
the first such bid received will become the new offer .
4 . If a qualifying higher bid is received , the Purchasing Agent shall cause a new notice of the
upset bid to be published , and shall continue to do so until a 10 - day period has passed
without any qualifying upset bids having been received . At that time , the amount of the
final high bid shall be reported to the Orange County Board of County Commissioners .
5 . A qualifying higher bid is one that raises the existing offer by not less than ten percent
( 10 % ) of the first $ 1 , 000 of that offer and five percent ( 5 % ) of the remainder of that offer .
6 . A qualifying higher bid must also be accompanied by a deposit in the amount of five
percent ( 5 % ) of the bids the deposit may be made in cash , cashier' s check, or certified
check . The County will return the deposit on any bid not accepted , and will return the
deposit on an offer subject to upset if a qualifying higher bid is received . The . County will
return the deposit of the final high bidder at closing .
7 . The terms of the final sale are that :
The County must approve the final high offer before the sale is closed , which it will do
within 30 days after the final upset bid period has passed , and
The buyer must pay with cash at the time of the closing .
8 . The County reserves the right to withdraw the property from sale at any time before the
final high bid is accepted and the right to reject at any time all bids .
9 . If no qualifying upset bid is received after the initial public notice , the offer set forth above
is hereby accepted . The County Manager is authorized to execute the instruments
necessary to convey the property to Miller Property Management, LLC .
This 24th day of May, 2022 .
n
Renee Price , Chair
Orange County Board of Commissioners
Laura Jense
Clerk to the Board
tt (ESAt