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HomeMy WebLinkAbout2025-734-E-DEAPR-Kennon Craver, Attorneys at Law-Amendment to Option of Purchase for property owned by Albert Kittrell and heirs of Wilbert McAdoo Jr 4925-6080-7552, v. 1 STATE OF NORTH CAROLINA AMENDMENT TO NORTH CAROLINA OPTION TO PURCHASE REAL PROPERTY COUNTY OF ORANGE This Amendment to North Carolina Option to Purchase Real Property (this “Amendment”), dated as of December 9, 2025, is made by and between ALBERT T. KITTRELL AND THE ESTATE OF WILBERT MCADOO, JR., by ARIANNA M. HINTON, as Administrator of the Estate of Wilbert McAdoo, Jr. and individually and as an heir to the estate of Wilbert McAdoo, Jr., and MATTHEW J. HINTON, individually as an heir to the Estate of Wilbert McAdoo, Jr. (collectively, “Seller”), and ORANGE COUNTY (“Buyer”) for the purposes of: (i) naming new parties to the Option (as defined below) following the death of Albert K. Kittrell,; (ii) evidencing the reduction to the purchase price; (iii) evidencing the $1,000 option fee will not apply to the purchase price; and (iv) confirming the parties hereto will complete the purchase transaction referenced herein and in the Option. RECITALS WHEREAS, Albert T. Kittrell and Wilbert McAdoo, Jr. (collectively “Original Seller”) and Buyer executed and delivered that certain North Carolina Option to Purchase Real Property dated as of June 14, 2023 (the “Option”) pertaining to certain real property owned by the Original Seller shown and described on Exhibit A attached hereto and incorporated by reference herein; and WHEREAS, after the date the Option was executed by the Original Sellers, Wilbert McAdoo, Jr. died. WHEREAS, the parties hereto wish to amend the Option as provided herein. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, the parties hereby agree as follows: 1. Recitals; Defined Terms. The above recitals are hereby fully incorporated in this Amendment. Unless otherwise specifically defined herein, all capitalized terms used in this Amendment shall have the meanings ascribed to them in the Option. 2. Parties to Option. Section A of the Option is hereby amended to reflect that the new parties are: SELLER BUYER Albert T. Kittrell and Orange County, a local body politic The Estate of Wilbert McAdoo, Jr. 3. Purchase Price. Section 3 of the Option is hereby amended to reflect the new purchase price of $401,000.00. 4. Option Fee. Section C of the Option is hereby amended to reflect that the $1,000 Option Fee previously paid to Seller will not be applied to the purchase price at closing. 5. Transaction Completion & Ratification. Buyer intends to complete the transaction as outlined in the Option on or about December 11, 2025, and has, and hereby does, exercise the Option as amended hereby. Each undersigned Seller ratifies and affirms the terms of the Option, as modified hereby, and agree to sell and convey the Property to Buyer on the terms specified herein and in the Option. 6. Miscellaneous. Except as expressly modified by this Amendment, the Option remains unmodified and in full force and effect. In the case of any inconsistency between the Option and this Amendment, the terms of this Amendment shall govern and control. This Amendment shall be interpreted under the laws of the State of North Carolina. [Signature Pages Follow] Docusign Envelope ID: 6ACBBE6E-954E-4A94-B477-6D69A8D1249F 4925-6080-7552, v. 1 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers or representatives as of the day and year first above written. SELLER: _____________________________________ Albert K. Kittrell The Estate of Wilbert McAdoo, Jr. By: _____________________________________ Arianna M. Hinton, as Administrator of the Estate of Wilbert McAdoo, Jr. and individually and as an heir to the estate of Wilbert McAdoo, Jr. By: ______________________________________ Matthew J. Hinton, individually as an heir to the Estate of Wilbert McAdoo, Jr. Docusign Envelope ID: 6ACBBE6E-954E-4A94-B477-6D69A8D1249F 4925-6080-7552, v. 1 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their duly authorized officers or representatives as of the day and year first above written. BUYER: ORANGE COUNTY, NORTH CAROLINA By: _________________________________ Name: _______________________________ Title: ________________________________ Docusign Envelope ID: 6ACBBE6E-954E-4A94-B477-6D69A8D1249F Travis Myren County Manager 4925-6080-7552, v. 1 EXHIBIT A Legal Description Boundary and Easement Survey Property of Albert T. Kittrell and Arianna Monique Hinton Survey for the State of North Carolina Land and Water Fund and Orange County North Carolina" dated November 17, 2005, as prepared by Michael R. Whitfield, Professional Land Surveyor and filed in Orange County Register of Deeds Plat Book 98, Page 192. Docusign Envelope ID: 6ACBBE6E-954E-4A94-B477-6D69A8D1249F Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Kennon Craver, Attorneys at Law Vendor Contact Person: Brian Ferrell Phone: 919-490-0500 Address: 4011 University Drive, Suite 300 City Durham State: NC Zip: 27707 Department: DEAPR Amount: $0 Purpose: Amendment to Option of Purchase for property owned by Albert Kittrell and heirs of Wilbert McAdoo Jr. Budget Code(s): 61370035 850000 20011 Vendor # 51941 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date December 9, 2025 End Date December 12, 2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: June 4, 2024); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: June 4, 2024) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 6ACBBE6E-954E-4A94-B477-6D69A8D1249F 12/9/2025 12/10/2025 12/10/2025 12/11/2025