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HomeMy WebLinkAboutAgenda 01-20-2026; 6-b - Condominium Agreement with the Town of Carrboro for the Operation of the Drakeford Library Complex 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 2026 Action Agenda Item No. 6-b SUBJECT: Condominium Agreement with the Town of Carrboro for the Operation of the Drakeford Library Complex DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: 1) Condominium Declaration of Alan Dorman, AMS Director, 919-245- Covenants — Red Line Version 2627 2) Condominium Declaration of Covenants — Final Version 3) Specialty Warranty Deed to Orange County 4) Special Condominium Warranty Deed to Orange County — Unit 1 5) Special Condominium Warranty Deed to Orange County — Unit 2 6) Survey of Drakeford Library Complex 7) Condominium Plat 8) PowerPoint Presentation PURPOSE: To review the Condominium Agreement, Deeds, Plat, and Survey for the Drakeford Library Complex and authorize the County Manager to sign the documents upon final approval of the County Attorney. BACKGROUND: At its Business meeting on January 21, 2025, the Board of County Commissioners approved a temporary Memorandum of Understanding ("MOU") between Orange County and the Town of Carrboro to operate the Drakeford Library Complex until a condominium agreement could be finalized. The Condominium Agreement, Deeds, Survey, and Plat have been finalized by staff for approval by the Orange County Board of Commissioners and the Carrboro Town Council. At its Business meeting on July 8, 2025, the Board reviewed the condominium documents and asked for several changes to those documents. The County and Carrboro have worked through those requested changes, and the final copy is provided as Attachment 2. The changes between the July 8t"version and the current final version (Attachment 2)are detailed in the red-lined version of the agreement provided in Attachment 1. The following outlines the major changes between the original version presented to the Board on July 8, 2025 and the current final version the Board is being asked to approve tonight: 2 • WITNESSETH — The new version explicitly recognizes the MOU and outlines the purpose of the MOU, including further defining and delineating the roles and responsibilities of the parties operating the Condominium. • Article I — Section 11 — Allows for disputes not resolved by the association to go through a mediation process. • Article II — Section 3 — Establishes that if either party charges for parking, the parties shall establish rules and regulations which must be approved by the Executive Board, and any rules and regulations shall be documented in the MOU. It also specifies that at no time will there be a charge for parking for spaces designated for Library patrons. • Article VI — Section 4 — Outlines the provision of custodial and security services and that further details will be provided in the MOU. • Article VIII — Section 8 — Details that the Drakeford will be available as an election site, as detailed in the MOU. • Bylaws — Article II — Sections 1, 2 — The Executive Board will be made up of four (4) members, up from two (2). The 4 members would be the Town Manager and County Manager, and a designee appointed by each manager. • Bylaws — Article II — Section 2 — Outlines the appointment of an interim member to the Executive Board given the death, resignation, or removal of a Town or County Manager. • Bylaws - Article IV — Section 2, Subsection I — Establishment of the Drakeford Facility Operations Committee to be detailed in the MOU. • Bylaws - Article IV — Section 2, Subsection j — Establishes the use of dispute resolution. The Carrboro Town Council approved the prior Condominium agreement and related materials at its meeting on June 17, 2025. If the Board of Commissioners approves the condominium agreement as currently drafted, the Carrboro Town Council will consider re-approval in February. Memorandum of Understanding As described in the Condominium Documents, a Memorandum of Understanding (MOU) between Orange County and the Town of Carrboro will provide additional details about the operation of the Drakeford Library Complex. A version of the MOU was provided to the Board of Commissioners at the July 8, 2025 Business meeting. However, based on the changes in the Condominium Agreement, the MOU is currently being reviewed by Town and County staff and will be presented at a later date to both governing boards for final approval. FINANCIAL IMPACT: This item has no direct financial impact, as the County's cost to operate the Drakeford Library Complex was included in the approved FY 2025-26 budget. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • MISSION STATEMENT — Orange County is a visionary leader in providing governmental services valued by our community, beyond those required by law, in an equitable, sustainable, innovative and efficient way. RECOMMENDATION(S): The Manager recommends that the Board review the Condominium Agreement, Deeds, Plat, and Survey for the Drakeford Library Complex and authorize the County Manager to sign the documents upon final approval of the County Attorney. i 3 Prepared by and return to: _Wayne R. Hadler, Beemer, Hadler&Willett, P.A. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, A CONDOMINIUM This DECLARATION, made on the date hereinafter set forth by TOWN OF CARRBORO, a North Carolina municipal corporation, hereafter referred to as the "Town" and THE COUNTY OF ORANGE,a North Carolina county,hereafter referred to as the"County",the Town and County are collectively, the "Declarant.," or"Parties". WITNESSETH: WHEREAS, Declarant is the owner of certain property located on the east side of South Greensboro Street, Chapel Hill Township, Orange County, North Carolina, and more particularly described ars follows he-re-in "Pr-opeA54 in Exhibit "A" attached hereto and incorporated herein by reference. BEING all of that pr-eper-ty eansisting of 0.937 aer-OS,MOre OF less,as skown on a map and sur-vey eatitled"Pr-akefar-d Sutweys,!no.,last r-evised Mar-eh 3,2025,and r-eeor-ded in Plat Beek_,Page—Orange County Registly,to whieh mapis€€r-efiee is made€ei-mixer-€pareisular-d€ssr-iption of safne. Ppi;! 1778 85 '712'1 WHEREAS, Declarant has planned, designed and constructed an approximately 124,685 gross square foot building, site improvements and associated parking including a multi-level parking deck on the Property, and now wishes to create condominium units or "units" as those are defined under the provisions the North Carolina Condominium Act and to convey the same to the Town and County subject to the covenants, conditions and restrictions herein reserved to be kept and observed and that incorporates and reflects to the extent possible the terms and 47 i 4 _conditions of the Town and County executed Development Agreement Regarding South Greensboro Street Property dated the 4th day of December, 2017, and any amendments thereto; aPA WHEREAS, Declarant desires and intends by the filing of this Declaration, to submit the above real property described min Exhibit "A" and all improvements constructed, together with all appurtenances thereto, tocomplying with the provisions of the North Carolina Condominium Act(Chapter 47C,North Carolina General Statutes); AND WHEREAS, Declarant may also execute on or before the recording of this Declaration an Amended Memorandum of Understanding("MOU") intended to further define and delineate roles and responsibilities, outline communication, financial and other expectations of the Parties in operating the Condominium. NOW,THEREFORE,Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the real property and be binding on all parties having any right,title or interest in the described properties or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. PART 1 DEFINITIONS The Definitions set forth in N.C.G.S. §47C-1-103 shall apply to this Declaration and are incorporated herein, except that the terms listed below shall have the specific meanings stated: Section I:— "Allocated interests" means the undivided interest in the Common Elements; and Common Expense liability amain the Association, allocated to each Unit. _The initial Allocated Interests are shown on Exhibit B. Section 2:- "Association" means Drakeford Library Complex Condominium Owners Association, an unincorporated non-profit association, its successors and assigns. Section 3:—_"Bylaws"means the Bylaws of the Association as they may be amended from time to time. _A copy of the initial Bylaws is attached hereto as Exhibit C. Section 4:—"Common elements" means all portions of a condominium other than the Units. Section 5: _"Common expense liability" means the liability for common expenses allocated to each unit pursuant to G.S. 47-2-107. Section 6:— "Condominium" means "Drakeford Library Complex Condominium Project", it being real estate, portions of which are designated for separate ownership by the Town and County and the remainder of which is designated for common ownership 5 solely by the Town and County owners of those portions. TheThe common elements are vested in the unit owners. a i 6 eommon elements afe vested in the unit Section 7:- "Declarant" means TOWN OF CARRBORO, a North Carolina municipal corporation, its successors and assigns, and THE COUNTY OF ORANGE,a North Carolina county, its successors and assigns. Section 8:- "Declaration" means this Declaration of Covenants, Conditions and Restrictions. Section 9: -"Development rights" means any right or combination of rights reserved by _Declarant to add real estate to a condominium; to create units, common elements, or limited common elements within a condominium; to subdivide units or convert units into common elements; or to withdraw real estate from a condominium. Section 10:-"Executive Board" means the body designated in the Declaration to act on behalf of the Association. _During any period where the Town or County are the only Unit Owners, the Executive Board shall be: the Town Manager and a designee appointed by the Town Manager and employ the Town as staff; and the County Manager-, and a designeeppointed by the County Manager and employ the County as staff. Section 11:-"Identifying number" means a symbol or address that identifies only one unit in _a condominium. For example, Unit 1 is the County Unit and Unit 2 is the Town Unit. Section 12:-"Lessee"or"Tenant"means the party entitled to a present possession of a leased unit or portion of a leased unit whether lessee, tenant, _sublessee, subtenant or assignee. Section 13:-"Limited common element" means a portion of the common elements allocated by the Declaration or by operation of G.S. 47C-2-102(2) or (4) for the exclusive use of one or more but fewer than all of the Units. Section 14:- "Period of Declarant Control' means the period commencing on the date hereof and continuing until one hundred (100) percent of the Units have been conveyed, or (4the date upon which Declarant voluntarily surrenders control of the condominium, whichever date is first to occur, however, any Special Declarant Rights shall remain in force, to the extent applicable after one hundred percent of the Units have been conveyed. Section 15:-"Person" means every natural person, corporation,business trust, estate trust partnership, association,joint venture, government, governmental subdivision or agency, or other legal or commercial entity. As defined a person is entitled to hold membership in the Association. 4 i 7 hold member-ship in the Asseeiation. Section 16: "Plats and Plans" means the plats and plans recorded in Plat Book , Page at Orange County Register of Deeds, and *;*„*:. g a paFt Hereof as the same may be amended from time to time. Section 17: "Real estate "Property"means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law, pass with a conveyance of land and includes parcels,with or without upper or lower boundaries, and spaces that may be filled with air or water. Section 18:— "Special declarant rights" mean rights, if any, reserved for the benefit of declarant as defined in G.S. 47C-1-103 (23) and as further set forth in Part II, Article I, Section 10 below. Section 19: "Unit"means a physical portion of the condominium designated for separate ownership or occupancy as shown on the recorded plats and plans, the boundaries of which are described pursuant to G.S. 47C-2-105(a)(5). Section 20:-"Unit owner"means Declarant or any other person who owns a fee simple title to any Unit which is a part of the Property, together with an undivided interest in the common elements, but excluding those having such interest merely as security for the performance of an obligation. PART II -DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS ARTICLE I GENERAL Section 1: _Submission of Property to G.S. §47-C._ Declarant hereby submits the Property to the provisions of G.S. §47-C. The Property will be administered in accordance with the provisions of§47-C, the Declaration, and the Bylaws. Section 2:—_Condominium Name. The name of the condominium shall be "Drakeford Library Complex Condominium Project." 8 Section 3:--Condominium Location. The Property is located on 203 South Greensboro Street, Carrboro in Orange County, North Carolina. Section 4:— Maximum Number of Declarant Created Units. The maximum number of Units that Declarant reserves the right to create is two (2). Section 5:— Establishment of Units.Declarant does hereby establish within the Property two (2) Units, and does hereby designate the Units for separate ownership._Pursuant to that certain Development Agreement between the Town and County,Declarant Town shall own one (1) Unit and Declarant County shall own one (1) Unit. _Reference is hereby made to the Plats and Plans for a separate description of the boundaries of each Unit, identified by number, said Plats and Plans being by this reference incorporated herein. Section 6: -_Subdivision of Units. Pursuant to G.S. §47C-2-113 Unit Owners shall be entitled to subdivide its respective Unit into a maximum of five (5) additional Units. The Association, at the sole expense of the unit owner, shall prepare-,execute, and record an amendment to the declaration, including the plats and plans, subdividing the Unit. Section 7:—_Association Membership. Each Unit Owner shall be a member of the Association. Section 8:— Limited Common Elements. There are no Limited Common Elements with the exception of the parking spaces as provided in Article II, Section 3 and the Limited Common Elements created under Article V. Sectio 9:--Insurance. Insurance policies upon the condominium (other than title insurance) shall be purchased by the Association in the name of the Executive Board of the Association, as trustees for the condominium Unit Owners and their respective mortgagees, if any, as their interest may appear, and shall provide for the issuance of certificates or mortgage endorsements to the holders of first mortgages on the condominium Unit(s)secured;and,if the companies writing such policies will agree, the policies shall provide that the insurer waives its rights of subrogation as to any claims against condominium Unit Owners, the Association and their respective servants, agents and guests. _The Association shall maintain replacement cost coverage of the original Building, Parking Deck 6 i 9 _Common Elements, and all other Common Elements and Units as further described herein._Each condominium Unit Owner shall have the option, but not the requirement to obtain insurance, at its own expense, affording coverage upon its condominium Unit, its personal property and for its personal liability and as may be permitted or required by law, but all such insurance shall contain the same waiver of subrogation as that referred to above if the same is available. The Parties' MOU, and any amendments thereto, may provide further information regarding the casualty insurance requirements. Section 10:—_Special Declarant Rights._ Declarant reserves the following Special Declarant Rights for the entire Property, which shall be exercisable during the Period of Declarant Control or until such time as the Town and County agree in writing to terminate these rights: (a) Ca) To complete any and all improvements indicated on the Plats and Plans; (b) To create additional limited common elements within the Condominium; and {l) tc) To approve all nameplates and signage attached to the exterior of the Condominium, and to provide uniform appearance and location. Section 11: Dispute Resolution. Any dispute not resolved by the Association or Members shall comply with prelitigation mediation of condominium disputes as set forth in Chapter 7A of the North Carolina General Statutes ("NCGS")specificallyplying with NCGS 7A-38.3F. ARTICLE II PROPERTY RIGHTS Section 1:—Ownership of a Unit shall vest fee simple title to suekthe Unit in the Unit Owner. Section 2:—_Every Unit Owner shall own an undivided interest in the Common Elements and shall have a right and easement of enjoyment in the Common Elements which shall be appurtenant to and shall pass with the title to every Unit. The undivided interest in the Common Elements and the right and easement of enjoyment in such Common Elements afeis subject to the following: (a) (a) The Association shall have the right to adopt such rules and regulations as may be needed to regulate the use and enjoyment of the Common Elements, including the Limited Common Element parking spaces; (b) (b) Special Declarant rights as set forth in Article I, Section 10 are i 10 teincluding the right to create additional limited common elements within a the Condominium. {O (c) The Association shall have the right to dedicate or transfer, or encumber all or any part of the Common Elements subject to approval by the Owners as provided in G.S. § 47C-3-112. Section 3: The Association shall have the exclusive right to establish the rules and i 11 _regulations pursuant to which the Unit Owners, its employees, servants, invitees and lessees, may be entitled to use the Common Elements and any Limited Common Elements, including the right to make permanent and temporary assignments or allocations of parking spaces. The Town and County shall have the right,but not the obligation, to have municipal charged parking for one or more shared Common Element Parking spaces or any of its Limited Common Eiemen*p -Idng spaees.respective Limited Common Element parking spaces. If the Town or County elect to have municipal charged parking,the Parties shall establish rules and regulations addressing legal, operational, financial and community considerations to be approved by the Executive Committee and the rules and regulations will be added as an amendment tco the Parties' MOU. By way of example, the MOU will address municipal parking management structure, fee structure, enforcement and staff structure, revenue allocation, jurisdiction enforcement and communitypact and public engagement. In the Event the Town or County elect to implement charges for municipal parking the County Limited Common Element parking spaces designated for Library use will remain free parking spaces at all times that the LibrMr operates. Section 4:— Subject to any rules and regulations established by the Association, a Unit Owner may delegate his right of enjoyment to all or a part of the Common Elements or to the extent applicable Limited Common Elements to a lessee the terms of which shall be properly set forth in a written lease, a copy of which shall be provided to the Association. Section 5:— The Common Elements and any Limited Common Elements are not subject to partition, and any purported conveyance, encumbrance, judicial seal or other voluntary or involuntary transfer of an undivided interest in the Common Elements by a Unit Owner made without the Condominium Unit to which that interest is allocated is void. This provision shall not be construed to prevent Unit Owners from swapping or transferring Limited Common Element parking spaces with one another in a manner consistent with the rules and regulations authorized by this Declaration. ARTICLE III ALLOCATED INTERESTS Section 1:— The table showing Unit numbers and their Allocated Interests is attached as Exhibit i 12 B. These interests have been allocated in accordance with the formulas set out in this Article III._ These formulas are to be used in reallocating interests if Units are added to the Condominium. Section 2:— The interests allocated to each Unit have been calculated on the following formulas: The_percentage of undivided interest in the Common Elements allocated to ( } each Unit is based on the relative floor area of each Unit as compared to the floor 4-e i 13 area of all of the Units in the Condominium. (b) The percentage of liability for Common Expenses (and Limited Common Elements)allocated to each Unit is 53.6%for the County and 46.4%for the Town_and is based on the relative floor area of each Unit as compared to the floor area of the two (2) Units in the _Condominium._ Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Article IV of this Declaration. (c) TheExcept for an Amendment to this Declaration which is subject to the requirements of Article XI, Section 5 below, the vote in the Association allocated to each Unit is 50% and is not based on the relative floor area of each Unit as compared to the floor area of all of the Units in the Condominium. Section 3:--The effective date for assigning Allocated Interests to Units created pursuant to Declarant rights hereunder shall be the date on which this Declaration, Plats and Plans creating the Units is recorded in the Registry of Orange County, North Carolina and the two (2) Units created by Declarant are established and conveyed as set forth in Article I, Section 5. ARTICLE IV ASSESSMENT AND COLLECTION OF COMMON EXPENSES Sectio 1:_The Declarant, for each Unit owned within the Property, and each Unit Owner by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, hereby covenants and agrees to pay the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements and for the maintenance, reconstruction and repair of Common Elements. _For so long as the Town and/or County own all Units of the Condominium, the Unit Owners may, upon written agreement, make proportional direct payments toward common expenses, capital improvements, maintenance, reconstruction and/or repair directly to vendors and other providers rather than assessments paid to the Association, provided that the allocation of direct payment to vendors or other providers by each Unit Owner is in accordance with Article III, Section 2(b). Except as provided in Section 2 of this Article IV,the liability of each Unit Owner for the Common Expenses of the Association shall be in accordance with 44 i 14 _Article III, Section 2-(b). T the r the Town ..a or- my jonom_ „ Units f the C,.ndo m crrc cue—ire crit -fo-,-vrr oi�vdirS--a-n--o-nio--vra-ic any Any assessment levied against a Unit remaining unpaid for a period of sixty(60) days or longer shall constitute as a lien on that Unit when filed of record in the office of the Clerk of Superior Court of Orange County and shall accrue interest at a rate set by the Association not to exceed 18% per annum, or the maximum interest rate allowed under the laws, it being the intent to allow the Association to accrue interest at the highest amount permissible under the law. _The Association may bring an action at law against the Unit Owner, or foreclose the lien against the Property. Fees (including attorneys' fees), charges, late charges, fines, and interest are also enforceable as assessments. _Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. Section 2:—_Any_ expense associated with the maintenance, repair or replacement of Limited Common Element parking spaces shall be assessed as a Common Expense and not against the Unit or Units to which the Limited Common Element is assigned. _Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against such Unit. -Any charge for a utility service provided solely to a particular Unit or Units shall be assessed against such Unit or Units. Notwithstanding electricity and water shall be considered a Common Expense. Section 3:— The lien of the assessments pFovided for herein shall apply on!), in the event the Town and/or County me not Unit Ownersinthat event the lienor assessment provided for herein shall only be subordinate to the lien of any first mortgage and ad valorem taxes._Sale or transfer of any Unit shall not affect the assessment lien._ The sale or transfer of any Unit pursuant to mortgage or tax foreclosure or any proceeding in lieu thereof, however, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.-unless the assessment lien is a priority under North Carolina law and entitled to priority payment as part of the foreclosure proceeding_No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. i 15 Section 4:— The annual assessments levied by the Association,,_, shall be used exclusively to promote the recreation,health, safety and welfare of the Unit Owners, its employees, servants, guests, invitees and lessees and in particular for the acquisition, improvement and maintenance of the condominium, services and facilities devoted to this purpose, and for the use and enjoyment of the Common Elements. Section 5:— The annual assessment shall be at the actual cost required for maintenance,repair and operation of the Condominium 12lus reserves for future anticipated expenses. This provision shall remain effective during such time that the Units are owned by the County and Town. Section 6:— Both annual and special assessments, if any, required shall be at the actual cost and promptly paid by the Unit Owners, promptly to be defined as within sixty (60) days of the assessment levy. Section 7:— The annual assessments provided for herein shall commence upon the conveyance of the units to the Town and County. Section 8: —_Prior to the Town or County conveying any Unit to a third-party, an Amendment to Article IV of the Declaration will be filed to amend the provisions herein to be consistent with the needs and requirements of Unit ownership not held by the Town or County. ARTICLE V UNIT BOUNDARIES AND PARTY WALLS Sectio 1:--All finish flooring and any other materials constituting any part of the finished surfaces of the walls, floors, or ceilings are a part of the Units,pursuant to G.S. § 47C-2-102(1). _To the extent any duct, wire, conduit, or any other fixtures lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated exclusively to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements, pursuant to G.S. §47C-2- 102(2). Any decks, porches, balconies, patios and _doors within the building_ or other fixtures designated to serve a single Unit but located outside the Unit's boundaries are Limited Common Elements allocated exclusively to that Unit. _For purposes of clarification, the ducts, wire and i 16 _conduit serve the entire building, the Units and Common Elements. There is no separate electrical or HVAC for the Units. _The Plans show designated exterior decks, balconies and porches are within each Unit's boundary. Section 2:— Each wall which is built as a part of the original construction of a Unit and placed on the dividing line between the Units or between a Unit and Common Elements, to the extent applicable as shown on the Plats and Plans shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 3:--The cost of reasonable repair and maintenance of all party walls, all exterior building windows, and all exterior doors leading directly to the outside of the building shall be shared by the Unit Owners as set forth in Article III, Section-32 (b). Section 4:— Notwithstanding any other provisions of this Article, a Unit Owner who by his negligent or willful act, or the negligent or willful act of the Unit Owner's guests, invitees, tenants or agents, causes party wall damage, or damage to Common Elements or Limited Common Elements shall bear the whole cost of furnishing the repair or maintenance of the damage caused. Section 5:--The Association will insure the Unit as upfitted including wall coverings, finished floors,wall to wall carpeting,interior partitioning that is affixed to the Units,cabinets that are affixed to the Units, built in appliances, mechanical systems such as plumbing, heating ventilation, and air conditioning, electrical system and those portions of any wiring for communications systems such as telephone or computer that are built into the premises. The Unit Owner will be responsible to insure furniture, equipment, all personal property, computers, telephones, or other communications equipment, movable furnishings and decorative items, specialized equipment and trade fixtures, if any may be affixed. _The Association will be responsible to insure the Heating and Air-conditioning system for the Units and Common Elements. i 17 ARTICLE VI EXTERIORA#D,INTERIOR MAINTENANCE, CUSTODIAL SERVICES AND SECURITY Exterior Section I:— In addition to maintaining the Common Elements, the Association shall provide exterior maintenance for each Unit,whether part of the Unit or Common Elements to the extent applicable, which will be subject to the annual assessment, f-a*�, or any special assessment hereunder,including the performance of the following, as needed: Paint,-, repair, replace and care of roofs;i solar pads and panels,-, exterior building surfaces;i trees;; shrubs walks;- and other exterior improvements. Such exterior maintenance shall include glass surfaces._ Maintenance, repair and replacement of glass surfaces shall be the responsibility of the Association. The repair and maintenance of Heating and Air-Conditioning system for the Units and Common Elements shall be the responsibility of the Association. For the period of time the Town and County are the sole Unit Owners of the Condominium, the Town will be responsible for engaging and completing all maintenance of the Common Elements subject to reimbursement from the County, all as set forth in the Parties' MOU, and any amendments thereto. Section 2:— In the event that the need for maintenance, repair, or replacement to the Common Elements is caused through the willful or negligent act of a Unit Owner, guests, invitees, or tenants, the cost of such maintenance, replacement, or repairs shall be added to and become a part of the assessment to which such Unit is subject. Interior Section 3: All interior maintenance or repair of each Unit shall be the sole responsibility of the Unit Owner unless the eause o the maintenance or repair is due to items covered under exterior maintenance as defined in Section 1 above. Custodial Services and Security Section 4: Custodial Services and Security: The County shall provide daily custodial services for the Common Elements and Units subject to the terms and conditions set forth in the MOU, and any amendments thereto. Security for the Condominium building will be customary security consistent with the Town and Countypolicies. The 44 i 18 Parties may also engage private security services which, if engaged, will be as set forth in the Parties' MOU. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall, or other structure or improvement shall be commenced, erected or maintained upon the condominium or upon the roof of the condominium, (including, but not limited to the installation of electrical wiring, television or radio antennae or satellite dish or other objects which may protrude through the walls or roof of the condominium), nor shall any exterior addition or change therein be made until the plans and specifications showing the i 19 _nature, kind, shape, height,materials, and location of the same shall have been submitted to and approved in writing by the Executive Board. _The Executive Board shall have the right to appoint an architectural review committee to establish guidelines for any additions or exterior modifications. Notwithstanding the foregoing, Unit Owner Town may, in its sole discretion, erect and install radio antennae upon the roof of the Condominium for use by its local radio station tenan without requiring approval of the Executive Board and/or Unit Owner County. Any additional installations of antennae or other exterior Technology Equipment requested by the Town or County for security or other purposes shall be reviewed and approved by the Executive Board. ARTICLE VIII USE RESTRICTIONS Seetion ii T�oSectlon 1: During the period where the Units are owned by the Town and County, no Unit shall be used except for municipal and county approved government function, including but not limited to the Orange County Southern Branch Library and related uses,County and Town offices,or other business and professional purposes and such use must conform to state and local zoning ordinances insomuch as each Unit is hereby restricted to use by the Unit Owner thereof, his employees, servants, guests, invitees and lessees, for those uses and purposes permitted in the zoning district in which the Condominium is located,excluding those uses permitted therein only upon obtaining a special use permit or variance. Provided, however, with the prior written consent of the Association, a Unit Owner may seek a variance or special or conditional use permit, or other required regulatory approval (hereafter any of terms are "regulatory approval") and upon obtaining the same may engage in those uses of the Unit permitted by such regulatory approval _subject to the further restrictions of this Declaration._Upon obtaining a regulatory approval, the Unit Owner shall file a certified copy thereof with the Secretary of the Association. Section 2:— No noxious or offensive activity shall be conducted upon any Unit nor shall anything be done thereon which may be or may become an annoyance or nuisance. Section 3:— No animals of any kind, except Service Animals as defined under the Americans with Disabilities Act for Title II (State and local government services) shall be kept or maintained in any Unit without permission of the Executive Board. Section 4:—_Except as provided in Article VII hereinabove, no outside radio or television i 20 antennas, including satellite dishes or receivers shall be erected on any Unit unless and until pennission for the same has been granted by the Executive Board. Permission will be contingent on evidencing that the proposed erection will not materially or negatively affect the Units or Common Elements. i 21 unless and tintil permission for the same has been granted by the Exeetitive Boafd. Pefmission will be eentingent on evideneing that the proposed er-eetion �A,ill not materially negatively affeet thee- Units or Common Elements. Section 5:—No signs may be placed in or on the common elements advertising or promoting a non-government business or business function. Notwithstanding the foregoing, Town's local radio station tenant may place a sign advertising its radio station within the window of the radio studio space,which shall be part of the Town's Unit as shown on the Condominium plats and plans. All signage shall be in compliance with the Town ordinance. _No other signs shall be permitted on or about the Units, other than those signs specifically referred to in Article III, Section 10. Section 6:— All window coverings(i.e.,curtains,blinds,draperies,shades,etc.)shall appear white or off-white from the exterior, and are deemed the responsibility of the Unit Owner. Section 7:— Unit Owners shall not park or store any camper, trailer, trailer vehicle, or similar vehicle within the Condominium including the parking deck unless approved in writing by the Executive Board. No trucks shall be permitted to park without Executive Board approval except for standard passenger vans,pickup trucks, or sport utility vehicle. No motor vehicle not currently registered,inspected and licensed shall be parked or stored anywhere onwithin the Property. Subject to any existeneeexisting requirement that the Town is responsible for towing any vehicle,the Association reserves the right to tow any vehicles in violation of this Section and charge the Unit Owner for the cost of towing. _In no event shall the Association be held liable for the towing of any vehicle that is in violation of this Section. This provision shall not be construed to prevent delivery and/or maintenance trucks and vans providing services to the Unit Owners from parking temporarily within a designated delivery area, which designated delivery area may be established by the Association pursuant to Article II hereinabove. Section 8: The Condominium shall be available as an election site if the Orange County Board of Elections authorizes the site for elections. The details of such use shall be as set forth in the Parties' MOU. ARTICLE IX EASEMENTS 22 Section I:— Easements for_maintenance,repair or modification of utilities and drainage facilities are reserved as shown on the recorded Plats and Plans and other like easements may be granted by the Executive Board in the name of the Association for the benefit of the eenEleminium.Condominium and for the benefit of any Unit, including the right to install, lay, maintain, repair and replace, waterlines, pipes, sewer lines, storm drainage facilities, telephone wires, cable television wires and electrical conduits, wires over,under and along any portion of the Property, and the Owners of any Unit hereby grant to the Association an irrevocable power of attorney to execute, acknowledge and record for and in the name of each Unit Owner such instruments as may be necessary to effectuate the foregoing. Within these easements no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may obstruct or change the flow of drainage channels in the easements. Section 2:— To the extent applicable, all Units and Common Elements shall be subject to easements for the encroachment of improvements constructed on adjacent Units by the Declarant to the extent that such improvements actually encroach.;. Section 3:— Declarant shall have a reasonable construction easement across the Common Elements for the purpose of constructing unfinished or new improvements on the Units. Declarant shall also have such easements through the Common Elements as may be reasonably necessary for the purpose of discharging a Declarant's obligations or exercising Special Declarant Rights as provided herein. _In the event Declarant in its construction activities causes any damage to the Common Elements it will repair the damage_at its cost. Section 4:--The Association shall have a right of entry upon the Units and any limited Common Elements to effect emergency repairs, and a reasonable right of entry upon the Units to effect other repairs, improvements, replacement or maintenance as necessary. Sectio 5:--All easements granted herein are appurtenant to and shall run with the land, and shall inure to the benefit of and be binding upon the Declarant, the Association, a i 23 _Owners, occupants, and mortgage holders, and any other person or entity having an interest in the condominium. Section 6:— Each Unit Owner shall have an easement in common with the Owners of all other Units to use all chutes, flues,pipes,wires, ducts, cables, conduits, and public utilities serving his Unit. _Each Unit shall be subject to an easement in favor of the Owners of all other Units to use the chutes, flues, pipes, wires, ducts, cables, conduits, and public utility lines,and other Common Elements serving such other Units and located in such Unit. _The Executive Board, or its agents, shall have a right of access necessary to inspect the same,to remove violations therefrom,and to maintain,repair or replace the Common Elements contained therein or accessible therefrom, and to make emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit or Units. _Each Unit Owner specifically shall have an easement of access through all other Units as may be reasonably necessary to maintain, repair and replace all components of mechanical systems serving his Unit and to maintain, repair and replace those portions of his Unit or Limited Common Elements within his sphere of responsibility. Section 7:--An easement is hereby established over the Common Elements for the benefit of applicable governmental agencies, utility companies and public service agencies as necessary for setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities,electrical,telephone,gas and cable antenna lines, firefighting, garbage, collection,postal delivery, emergency and rescue activities and law enforcement activities. Section 8:— An easement is hereby established, to the extent necessary in favor of the Town and County, its guests, invitees, employees, agents and lessees for ingress, egress and regress over the common element parking deck driveways or lanes to allow proper access to parking. _The Executive Board will further define in rules and regulations the limitations of access or use of the common element parking deck, including the hours of operation, and if applicable,any charges municipal public parking was described in Article II Section 3 in this Declaration. The provisions of this Declaration pfeviding tha rop vide certain parking spaces are deemed limited common elements of either-the-Condominium The Town e+shall have absolute control over its designated limited common element spaces and the County shall be inter. ted *0 app! have absolute control over its limited common element spaces. The limited i 24 common elements spaces of the Town and County and certain common element shared spaces are shown on the recorded Plans of the Condominium. i 25 ARTICLE X RIGHT OF FIRST REFUSAL Section 1: The Town and County agree that in the event either party intends to sell its interest in its Unit or any subsequent created Unit or Units,the selling party agrees that prior to listing or otherwise placing the Unit or Units up for bid or sale,the selling party shall provide the other parry with written notice of its intent to sell the Unit or Units. _The non-selling party shall have the exclusive option for a period of one hundred and twenty days (120) days from the date of receipt of such written notice to submit a written offer to purchase at a price agreeable to the paftieS:Parties. In the event the paftiesParties cannot agree upon a price for the Unit or Units to be sold, the par-tiesParties shall both secure appraisals from a North Carolina licensed appraiser, and the purchase price for the Unit or Units to be sold shall be determined by calculating the average of the two appraisal valuations. _In the event that the non- selling party determines that it shall not proceed with the purchase of the Unit or Units using the average between the two appraisal valuations, then in that event the selling party shall have the right to market and sell the Unit or Units, subject to complying with all state and or federal rules,regulations and requirements of the sale of real estate by a North Carolina County or Town. _However, the non-selling parry shall have 5thirt 30) business days to match or exceed any 3rd party offer obtained by the selling party, and if matched or exceeded, closing must occur within 90 days of acceptance and the offer to purchase memorializing the agreement shall be devoid of closing contingencies.Notwithstanding,the non-selling party shall have a fair opportunity to inspect the property before entering executing the offer to purchase agreement. Sectio 2: If the non-selling party determines that it will not purchase the Unit or Units, it shall notify the selling party in writing and provide public record notice of the termination of the rights provided for hereunder, on or before the conveyance of the selling party Unit or Units to the third-party purchaser, but the non-selling i 26 _party will retain its right of first refusal for any sale of the purchased Unit or Units by the third- parry purchaser. Section 3: This right of first refusal shall be binding upon paAiesParties, however the rights pursuant to this Article are "personal" to the Town and County and the Town and County shall have no obligation under the terms of this Article to any third-party purchaser, its successors and/or assigns. Section 4: If any clause, provision or paragraph of this Article, shall for any reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or enforceability shall not affect any other clause, provision or paragraph hereof, and this Article shall be construed and enforced as if such illegal, invalid, or unenforceable clause, paragraph or other provision had not been contained herein. Section 5: This Article shall be effective upon the recording of this Declaration and continue for a period of f (1-sthi 30) years, however, either parry shall have the right to renew the first right of refusal for additional fifteen (1-Sthi 30) year periods by providing written public record notice on or before thirty (30) days prior to the end of the each fifteen(1-5thi 30)year period. ARTICLE XI GENERAL PROVISIONS Section I:— All powers granted in the Declaration or the Bylaws to the Association shall be exercisable by the Executive Board, except as expressly provided in the Declaration, the Bylaws, or G.S. § 47-C. Section 2:— The Association may adopt and enforce reasonable rules and regulations not in conflict with the Declaration and supplementary thereto, as more fully provided in the Bylaws and MOU. Section 3:— The Association shall have the right to enforce,by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and the Bylaws of the Association._Failure by the Association to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so 27 thereafter._Upon notice to the Association of a violation hereunder and a failure of the Association to take action upon said violation within 90 days, any Unit Owner, or other holder of an interest in the condominium may undertake the enforcement of the provisions of the Declaration at his own expense. Section 4:— Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5:— The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty(20)years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first 20-year period and during any successive periods of ten (10) years, by an instrument signed by Unit Owners with not less than one ,,,tadrea ( eighty 80) percent of the unit Owner—s, and ther-ea f4or instr-ument signed by not less than one hundred(100 per-eent of the Ownefs.An),affiefidniefit must bee reeorded. For-pu posesUndivided Allocated Interests of an amendmentUnits, as set forth in Exhibit B to this Declaration, or any amendment to Exhibit B resulting from a subdivision of a Unit Owner- shall be entitled to one vote for- o eh unit owned regardless of the per-eentage of ,boated ;,,.vrest a ;a.o,l...;,1, the owner-ship of the unt.or Units as allowed by this Declaration. Section 6:— The fiscal year of the Association shall begin on the first day of January and end the 31 st day of December of each year, except that the first fiscal year shall begin on the date of recording this Declaration. IN WITNESS WHEREOF, Declarant of this Declaration has caused this instrument to be executed in its name as--duly authorized by County and Town, this day of 2026. SIGNATURE AND NOTARY PAGE TO FOLLOW i 28 THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina ------( (Seal) Jean Hamilton Chair Orange County,North Carolina Board of Commissioners -----4 (Seal) Laura Jensen, Clerk Orange County,North Carolina Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF I, Notary Public for the County of State of North Carolina, certify that LAURA JENSEN, personally appeared before me on the day of_,2023_January, 2026 and acknowledged that she is the Clerk to the Board of Orange County,North Carolina, Board of County Commissioners, and to verify Jean Hamilton's execution of this North Carolina Special Warranty Deed, conveying real property, that Jean Hamilton is Chair of the Orange County Board of Commissioners and signed in that capacity. Witness my hand and official stamp or seal, this the day of_,2023January, 2026. Notary Public My Commission Expires: 29 TOWN OF CARRBORO, a North Carolina municipal corporation BY: (SEAL) Name: Patrice Toney Title: — Town Manager Date: — ATTEST: (SEAL) By: Name: Lamar Joh Title: Town Clerk ale Date: STATE OF NORTH CAROLINA COUNTY OF ORANGE I, Notary Public for the County of , State of North Carolina, certify that the LAMAR JOYNER,personally appeared before me this day and acknowledged that 04he is Town Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in its name by Patrice Toney, its Town Manager, sealed, and attested by as its Town Clerk. its Town Manager-, sealed, and attested by Witness my hand and official stamp or seal, this the day of — 2026. Notary Public My Commission Expires: i 30 EXHIBIT "A" TO DECLARATION DESCRIPTION OF LAND AND UNITS BEING all of that property consisting of 0.937 acres, more or less, as shown on a map and survey entitled "Drakeford Library Complex Condominium Project" (,Property of Town of Carrboro & Orange County) prepared by Freehold Land Surveys, Inc., last revised March 3, 2025, and recorded in Plat Book , Page , Orange County Refry, to which map reference is made for a more particular description of same. PIN: 9778-85-7932 TO ADDED DED EXHIBIT B i 31 INITIAL UNDIVIDED ALLOCATED INTEREST OF UNITS Unit Number C. „a...., Feet, Per-...Mace Ci,.,�., } 1 O1 0 GST 53.60,467 TOTAL2 16,946.37 46.40,46 Y vv-7B i 32 Unit Number Square Feet Percentage Share 1 19,581.14 53.6% 2 16,946.37 46.4% TOTAL 100% EXHIBIT C BYLAWS OF ORANGE COUNTY AND CARRBORO DRAKEFORD LIBRARY "Pr n - COMPLEX CONDOMINIUM, OWNERS ASSOCIATION, u an unincorporated non-profit association i 33 ARTICLE I MEETINGS OF MEMBERS Section I:— The first annual meeting of the members shall be held within one year from the date of formation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day and the same month of o....hyear- thereafter-_.a date within thirty 30Lys of the one-year anniversary of the last annual meeting_ Meetings will not be scheduled on a date that is a legal holiday. Meetings may be held live, virtually or in combination, and members shall be considered present if the meeting is held virtually in whole or in combination. Section 2:— Special meetings of the members may be called at any time by the president or the Executive Board, or upon written request of 2-025% of the members,pursuant to G.S. § 47C-3-108. Section 3:—_Written notice of each meeting shall be given by, or at the direction of, the secretary or person(s) authorized to call the meeting, by hand delivering, facsimile, email, or mailing _a copy of such notice, postage prepaid, at least 10 days and not more than 45 days before such meeting to each member as provided in G.S. § 47C-3-108. Section 4:— The Executive Board shall develop a budget that is approved and adopted by the Town and County as part of the annual budget approval process for the Town and County. w, Section 5:— The presence at the meeting of members or proxies entitled to cast fifty one percent (51%) of the votes shall constitute a quorum for any action except as otherwise provided by law. Section 6:—_Every Unit Owner shall be entitled to cast the number or percentage of votes as provided in the Declaration for the Units owned by such member. Notwithstanding the above, amendments to the Declaration shall be voted as set forth in Article XXI, Section 5 of the Declaration. Sectio 7:—Pursuant to G.S. § 47C-3--x-1-0110,votes allocated to a Unit may be cast pursuant to a dated written proxy signed by a Unit Owner. A Unit Owner may not revoke a i 34 -proxy except by written notice delivered to the person presiding over a meeting of the Association. A proxy terminates one year after its date,unless it specifies a shorter term. Section 8: _In the event the Town or County do not own one or both of the Units,this Article t will be amended at a regular or special meeting of the members. The members shall review and revise these bylaws, and to the extent necessary amend the Declaration to be consistent with their new member ownership. By way of example, but not limitation, Section 4 of this Article would no longer apply and would require deletion in full. ARTICLE II OFFICERS AND EXECUTIVE BOARD: SELECTION: TERM OF OFFICE Section 1:—_The affairs of the Association shall be managed by an Executive Board of at least two Rfour 4) members, who shall be entitled to act on behalf of the Association. The Executive Board sha4-1-Members shall be the Town Manager and a designee appointed by the Town Manager and employ the Town as staff, and the County Manager., and a designee appointed by the County Manager and employed by the County as staff. Section 2:—Any Executive Board member, may be removed in accordance with G.S. § 47C--3- 103(b). _In the event of death, resignation or removal of a direetor, his s, ssor-an individual serving in capacity as Town Manager or Count Manager,the replacement Town Manager, County Manager, shall be appointed by their respective elected Board of County Commissioners or Town Council. In Any interim appointment shall be selected by a majofity of the members votin made within 45 days of the vacancy. In the event of death, resignation or removal of a meeting whdesi ng ee appointed by the Town Manager, the replacement designee shall be appointed by the Town Manager within 45 days of the triggering event. In the event of death, resignation or removal of a quomm is present.designee appointed by the County Manager, the replacement designee shall be appointed by the Count Manager within 45 daf the triggeringev The successor shall serve the remainder of the term. -Section 3:— No Executive Board member shall receive compensation for any service he may render to the Association outside of his or her normal employment as an employee of the Town or County. However, with the prior approval of the Executive Board, any Executive Board member may be reimbursed for actual expenses incurred in the i 35 performance of his duties. Section 4:— The Executive Board shall have the right to take any action in the absence of a meeting which they could take at a duly held meeting by obtaining the written consent of the other Executive Board members to the action. Any action so approved shall be filed in the Association books and records and shall have the same effect as though taken at a meeting of the Executive Board. ARTICLE III MEETINGS OF EXECUTIVE BOARD Section 1: Meetings of the Executive Board shall be as deemed necessary by the Board, 36 without notice, or as determined by the Board, at such place and hour as may be fixed from time to time by resolution of the boardBoard. Special meetings of the Executive Board may be called by any member of the Executive Board, after not less than three _(3) days-notice to the other_Executive Board member.members. Section 2:—_A majority of the Executive Board members shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Executive Board members present at a duly held meeting shall be regarded as the act of the board. ARTICLE IV POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 1: _Subject to the provisions contained herein and applicable law, the Executive Board shall have the power and authority to exercise all the rights of the Association, including,but not limited to: (a) (a) Adopt rules and regulations governing the use of the common area and facilities, the personal conduct of the members and their guests thereon, and establish penalties for the infraction thereof, N (b) Employ a professional property manager, an independent contractor, or other employees as they deem necessary, and prescribe their duties; provided always, any contract for professional management must contain a clause requiring not more than 90 days termination notice; (e) (c) Procure,maintain and pay premiums on an insurance master policy(s) and equitably assess the Owners of the same for their prorata portion of such expense, and to procure and maintain liability insurance for the Board of Directors... (-d) (d) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements other than for service provided to Unit Owners; (e) (e) Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; (� f1 Exercise any other powers necessary and proper for the governance and 14 i 37 _operation of the Association; and W Have and to exef ise(g) Exercise any and all powers, rights and privileges which aan unincorporated non-profit association of the State of North Carolina by law may now or hereafter have or exercise. Section 2: It shall be the duty of the Executive Board to: (a) (a) Cause the Common Elements to be maintained,repaired,and replaced as necessary, and to assess the Unit Owners to recover the cost of the upkeep of the Common Elements-.,- (b) lements;(b) It shall be the duty of the Executive Board to consider the establishment and maintenance of capital reserves for future anticipated Common Element expense and have a study to be conducted once eveiy five (5) years to evaluate and recommend the current and projected capital reserve requirements for the Condominium; (l) (c) Serve as the architectural committee, or the right to delegate that responsibility; (E} (d) Keep a complete record of all its acts and corporate affairs and present a statement thereof to the members at the annual meeting, or at any special meeting when such statement is requested in a writing signed by X50% of the members; (d) (e) Supervise all officers, agents and employees, if any, _of the Association, and see that their duties are properly performed; (0 (D Create a-yan annual assessment budget and the mechanism for the Town and County to promptly collect and pay for all Association obligations to maintain the Common Elements... (4} (g) Procure and maintain, at all times, adequate replacement coverage hazard insurance on the property owned by the Association and all property for which the Association has the duty to maintain, and sufficient liability insurance to adequately protect the Association as provided in G.S. § 47C-3-113; aPA (g) (h) Cause all officers or employees, including officers and employees of professional management, having fiscal responsibilities to be bonded, as it may deem appropriate... (i) Cause the establishment and appointment of members to a committee known as the Drakeford Facility Operations Committee, as outlined in the Memorandum of Understanding(the "MOU"). The Drakeford FacilityOperations Facility Committee i 38 will be responsible for daily operations of the facility and for developing and implementing the Drakeford Policies and Procedures Manual. The policies and procedures in the manual will be approved by the Executive Board. (j) If the Executive Board cannot agree by majority vote on one or more of its obligations the Board shall utilize a dispute resolution mechanism to resolve the situation. By way of example and not limitation, if the Executive Board cannot by majority vote agree on a necessary capital reserve budget, the Executive Board can agree upon a third-party mediator to facilitate a solution or hire a third-party arbitrator, with binding or non-binding arbitration, engage an expert on the matter in conflict and agree to resolve the problem with the expert opinion, or any other agreed eed upon dispute resolution. If necessary, the provisions for Dispute Resolution set forth in Part II, Article 1, Section I 1 of the Declaration is also available. ARTICLE V OFFICERS AND THEIR DUTIES Section 1: The officers of this Association shall be a president, vice-president, and secretary/treasurer. The officers shall be appointed by the Executive Board. An Executive Board member can also be an officer and an Executive Board Member may hold more than one office (eg_president and treasurer). i 39 among the members of the Kxeeutive Board. An Exeeutive Boafd member ean also be an offieen The president shall preside at all meetings of the Executive Board; see that orders and resolutions of the Executive Board are carried out; sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and (a) promissory notes. However, the-president v,, eleet to have the p or.pf tmanager-be r-espensible �qr daily oper-a4ion and far-the manager-to have Periedie meetings to .eel., over-see the Association. (b) (b) The vice-president shall act in the place of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Executive Board. (e) (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Board and of the members; serve notice of meetings of the Executive Board and of the members; keep appropriate current records showing the members of the Association together with their addresses; prepare, execute, certify, and record amendments to the Declaration on behalf of the Association; and perform such other duties as required by the Executive Board. (.d) (d) The treasurer shall have authority to disburse such funds related to the affairs of the Association as directed by the Executive Board; may sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a certified public accountant or other person suitable to the Executive Board at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenditures to be presented to the membership at its annual meeting, and deliver a copy to each member. The- In the event a property manager is employed by the Association, the Treasurer with the eonsent of the Beafd4nay�can assign any of these aefivitiesduties to the Prep .propgr manager. ARTICLE VI BOOKS AND RECORDS i 40 The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration and Bylaws of the Association shall be available for inspection by any member at the principal office of the Association. ARTICLE VIII N/A ARTW-LFVM AMENDMENTS TO BYLAWS These Bylaws may be amended, at a regular or special meeting of the members,by a vote of the majority of the members. IN WITNESS WHEREOF, we, being all of the members of the Executive Board of Drakeford Library Complex Condominium Owners Association-, an unincorporated nonprofit association-, have hereunto set our hands to the Bylaws of the Drakeford Library Complex Condominium Owners Association, this day of January 2026. Town Manager Town Manager Designee County Manager County Manager Designee CERTIFICATION I, the undersigned, do hereby certify: THAT I am the dwy elected and acting Secretary of the Drakeford Library Complex Condominium Owners Association and THAT the foregoing Bylaws constitute the original Bylaws of such Association and were duly adopted at a meeting of the Executive Board a���, held on the- day of 202 . 2025. IN WITNESS WHEREOF, I have hereunto subs.ribed my name and affixed the on behalf of the 39 i 41 Drakeford Librax Complex Owners Association this subscribed my name day of 2025. , 202 . Secretary 42 40 43 Attachment 2 Prepared by and return to: Wayne R. Hadler, Beemer, Hadler&Willett, P.A. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT,A CONDOMINIUM This DECLARATION, made on the date hereinafter set forth by TOWN OF CARRBORO, a North Carolina municipal corporation, hereafter referred to as the "Town" and THE COUNTY OF ORANGE, a North Carolina county, hereafter referred to as the "County", the Town and County are collectively, the "Declarant" or"Parties". WITNESSETH: WHEREAS, Declarant is the owner of certain property located on the east side of South Greensboro Street, Chapel Hill Township, Orange County,North Carolina, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, Declarant has planned, designed and constructed an approximately 124,685 gross square foot building, site improvements and associated parking including a multi-level parking deck on the Property, and now wishes to create condominium units or"units" as those are defined under the provisions the North Carolina Condominium Act and to convey the same to the Town and County subject to the covenants, conditions and restrictions herein reserved to be kept and observed and that incorporates and reflects to the extent possible the terms and conditions of the Town and County executed Development Agreement Regarding South Greensboro Street Property dated the 4th day of December, 2017, and any amendments thereto; WHEREAS, Declarant desires and intends by the filing of this Declaration, to submit the real property described in Exhibit"A" and all improvements constructed, together with all 1 44 appurtenances thereto, complying with the provisions of the North Carolina Condominium Act (Chapter 47C,North Carolina General Statutes); AND WHEREAS, Declarant may also execute on or before the recording of this Declaration an Amended Memorandum of Understanding ("MOU") intended to further define and delineate roles and responsibilities, outline communication, financial and other expectations of the Parties in operating the Condominium. NOW, THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. PART 1 DEFINITIONS The Definitions set forth in N.C.G.S. §47C-1-103 shall apply to this Declaration and are incorporated herein, except that the terms listed below shall have the specific meanings stated: Section 1: "Allocated interests" means the undivided interest in the Common Elements and Common Expense liability in the Association, allocated to each Unit. The initial Allocated Interests are shown on Exhibit B. Section 2: "Association" means Drakeford Library Complex Condominium Owners Association, an unincorporated non-profit association, its successors and assigns. Section 3: "Bylaws" means the Bylaws of the Association as they may be amended from time to time. A copy of the initial Bylaws is attached hereto as Exhibit C. Section 4: "Common elements" means all portions of a condominium other than the Units. Section 5: "Common expense liability" means the liability for common expenses allocated to each unit pursuant to G.S. 47-2-107. Section 6: "Condominium" means "Drakeford Library Complex Condominium Project", it being real estate, portions of which are designated for separate ownership by the Town and County and the remainder of which is designated for common ownership solely by the Town and County owners of those portions. The common elements are vested in the unit owners. 2 45 Section 7: "Declarant" means TOWN OF CARRBORO, a North Carolina municipal corporation, its successors and assigns, and THE COUNTY OF ORANGE, a North Carolina county, its successors and assigns. Section 8: "Declaration" means this Declaration of Covenants, Conditions and Restrictions. Section 9: "Development rights"means any right or combination of rights reserved by Declarant to add real estate to a condominium; to create units, common elements, or limited common elements within a condominium; to subdivide units or convert units into common elements; or to withdraw real estate from a condominium. Section 10: "Executive Board" means the body designated in the Declaration to act on behalf of the Association. During any period where the Town or County are the only Unit Owners, the Executive Board shall be: the Town Manager and a designee appointed by the Town Manager and employed by the Town as staff; and the County Manager, and a designee appointed by the County Manager and employed by the County as staff. Section 11: "Identifying number" means a symbol or address that identifies only one unit in a condominium. For example, Unit 1 is the County Unit and Unit 2 is the Town Unit. Section 12: "Lessee" or"Tenant' means the parry entitled to a present possession of a leased unit or portion of a leased unit whether lessee, tenant, sublessee, subtenant or assignee. Section 13: "Limited common element' means a portion of the common elements allocated by the Declaration or by operation of G.S. 47C-2-102(2) or (4) for the exclusive use of one or more but fewer than all of the Units. Section 14: "Period of Declarant Control" means the period commencing on the date hereof and continuing until one hundred (100) percent of the Units have been conveyed, or the date upon which Declarant voluntarily surrenders control of the condominium, whichever date is first to occur, however, any Special Declarant Rights shall remain in force, to the extent applicable after one hundred percent of the Units have been conveyed. Section 15: "Person"means every natural person, corporation,business trust, estate trust 3 46 partnership, association,joint venture, government, governmental subdivision or agency, or other legal or commercial entity. As defined a person is entitled to hold membership in the Association. Section 16: "Plats and Plans" means the plats and plans recorded in Plat Book , Page at Orange County Register of Deeds, as the same may be amended from time to time. Section 17: "Property" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law,pass with a conveyance of land and includes parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water. Section 18: "Special declarant rights" mean rights, if any, reserved for the benefit of declarant as defined in G.S. 47C-1-103 (23) and as further set forth in Part II, Article I, Section 10 below. Section 19: "Unit"means a physical portion of the condominium designated for separate ownership or occupancy as shown on the recorded plats and plans, the boundaries of which are described pursuant to G.S. 47C-2-105(a)(5). Section 20: "Unit owner"means Declarant or any other person who owns a fee simple title to any Unit which is a part of the Property, together with an undivided interest in the common elements, but excluding those having such interest merely as security for the performance of an obligation. PART II-DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS ARTICLE I GENERAL Section 1: Submission of Property to G.S. §47-C. Declarant hereby submits the Property to the provisions of G.S. §47-C. The Property will be administered in accordance with the provisions of§47-C, the Declaration, and the Bylaws. 4 47 Section 2: Condominium Name. The name of the condominium shall be "Drakeford Library Complex Condominium Project." Section 3: Condominium Location. The Property is located on 203 South Greensboro Street, Carrboro in Orange County,North Carolina. Section 4: Maximum Number of Declarant Created Units. The maximum number of Units that Declarant reserves the right to create is two (2). Section 5: Establishment of Units. Declarant does hereby establish within the Property two (2) Units, and does hereby designate the Units for separate ownership. Pursuant to that certain Development Agreement between the Town and County, Declarant Town shall own one (1) Unit and Declarant County shall own one (1) Unit. Reference is hereby made to the Plats and Plans for a separate description of the boundaries of each Unit, identified by number, said Plats and Plans being by this reference incorporated herein. Section 6: Subdivision of Units. Pursuant to G.S. §47C-2-113 Unit Owners shall be entitled to subdivide its respective Unit into a maximum of five (5) additional Units. The Association, at the sole expense of the unit owner, shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing the Unit. Section 7: Association Membership. Each Unit Owner shall be a member of the Association. Section 8: Limited Common Elements. There are no Limited Common Elements with the exception of the parking spaces as provided in Article II, Section 3 and the Limited Common Elements created under Article V. Section 9: Insurance. Insurance policies upon the condominium (other than title insurance) shall be purchased by the Association in the name of the Executive Board of the Association, as trustees for the condominium Unit Owners and their respective mortgagees, if any, as their interest may appear, and shall provide for the issuance of certificates or mortgage endorsements to the holders of first mortgages on the condominium Unit(s) secured and, if the companies writing such policies will agree, the policies shall provide that the insurer waives its rights of subrogation as to any claims against condominium Unit Owners, the 5 48 Association and their respective servants, agents and guests. The Association shall maintain replacement cost coverage of the original Building, Parking Deck Common Elements, and all other Common Elements and Units as further described herein. Each condominium Unit Owner shall have the option, but not the requirement to obtain insurance, at its own expense, affording coverage upon its condominium Unit, its personal property and for its personal liability and as may be permitted or required by law, but all such insurance shall contain the same waiver of subrogation as that referred to above if the same is available. The Parties' MOU, and any amendments thereto, may provide further information regarding the casualty insurance requirements. Section 10: Special Declarant Rights. Declarant reserves the following Special Declarant Rights for the entire Property, which shall be exercisable during the Period of Declarant Control or until such time as the Town and County agree in writing to terminate these rights: (a) To complete any and all improvements indicated on the Plats and Plans; (b) To create additional limited common elements within the Condominium; and (c) To approve all nameplates and signage attached to the exterior of the Condominium, and to provide uniform appearance and location. Section 11: Dispute Resolution. Any dispute not resolved by the Association or Members shall comply with prelitigation mediation of condominium disputes as set forth in Chapter 7A of the North Carolina General Statutes ("NCGS") specifically complying with NCGS 7A-38.3F. ARTICLE II PROPERTY RIGHTS Section 1: Ownership of a Unit shall vest fee simple title to the Unit in the Unit Owner. Section 2: Every Unit Owner shall own an undivided interest in the Common Elements and shall have a right and easement of enjoyment in the Common Elements which shall be appurtenant to and shall pass with the title to every Unit. The undivided interest in the Common Elements and the right and easement of enjoyment in such Common Elements is subject to the following: 6 49 (a) The Association shall have the right to adopt such rules and regulations as may be needed to regulate the use and enjoyment of the Common Elements, including the Limited Common Element parking spaces; (b) Special Declarant rights as set forth in Article I, Section 10 including the right to create additional limited common elements within the Condominium. (c) The Association shall have the right to dedicate or transfer, or encumber all or any part of the Common Elements subject to approval by the Owners as provided in G.S. § 47C-3-112. Section 3: The Association shall have the exclusive right to establish the rules and regulations pursuant to which the Unit Owners, its employees, servants, invitees and lessees, may be entitled to use the Common Elements and any Limited Common Elements, including the right to make permanent and temporary assignments or allocations of parking spaces. The Town and County shall have the right, but not the obligation, to have municipal charged parking for one or more shared Common Element Parking spaces or any of its respective Limited Common Element parking spaces. If the Town or County elect to have municipal charged parking, the Parties shall establish rules and regulations addressing legal, operational, financial and community considerations to be approved by the Executive Committee and the rules and regulations will be added as an amendment to the Parties' MOU. By way of example, the MOU will address municipal parking management structure, fee structure, enforcement and staff structure, revenue allocation, jurisdiction enforcement and community impact and public engagement. In the Event the Town or County elect to implement charges for municipal parking the County Limited Common Element parking spaces designated for Library use will remain free parking spaces at all times that the Library operates. Section 4: Subject to any rules and regulations established by the Association, a Unit Owner may delegate his right of enjoyment to all or a part of the Common Elements or to the extent applicable Limited Common Elements to a lessee the terms of which shall be properly set forth in a written lease, a copy of which shall be provided to the Association. 7 50 Section 5: The Common Elements and any Limited Common Elements are not subject to partition, and any purported conveyance, encumbrance, judicial seal or other voluntary or involuntary transfer of an undivided interest in the Common Elements by a Unit Owner made without the Condominium Unit to which that interest is allocated is void. This provision shall not be construed to prevent Unit Owners from swapping or transferring Limited Common Element parking spaces with one another in a manner consistent with the rules and regulations authorized by this Declaration. ARTICLE III ALLOCATED INTERESTS Section 1: The table showing Unit numbers and their Allocated Interests is attached as Exhibit B. These interests have been allocated in accordance with the formulas set out in this Article III. These formulas are to be used in reallocating interests if Units are added to the Condominium. Section 2: The interests allocated to each Unit have been calculated on the following formulas: (a) The percentage of undivided interest in the Common Elements allocated to each Unit is based on the relative floor area of each Unit as compared to the floor area of all of the Units in the Condominium. (b) The percentage of liability for Common Expenses (and Limited Common Elements) allocated to each Unit is 53.6% for the County and 46.4% for the Town and is based on the relative floor area of each Unit as compared to the floor area of the two (2) Units in the Condominium. Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Article IV of this Declaration. (c) Except for an Amendment to this Declaration which is subject to the requirements of Article XI, Section 5 below, the vote in the Association allocated to each Unit is 50% and is not based on the relative floor area of each Unit as compared to the floor area of all of the Units in the Condominium. Section 3: The effective date for assigning Allocated Interests to Units created pursuant to 8 51 Declarant rights hereunder shall be the date on which this Declaration, Plats and Plans creating the Units is recorded in the Registry of Orange County, North Carolina and the two (2) Units created by Declarant are established and conveyed as set forth in Article I, Section 5. ARTICLE IV ASSESSMENT AND COLLECTION OF COMMON EXPENSES Section 1: The Declarant, for each Unit owned within the Property, and each Unit Owner by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, hereby covenants and agrees to pay the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements and for the maintenance, reconstruction and repair of Common Elements. For so long as the Town and/or County own all Units of the Condominium, the Unit Owners may, upon written agreement, make proportional direct payments toward common expenses, capital improvements, maintenance, reconstruction and/or repair directly to vendors and other providers rather than assessments paid to the Association, provided that the allocation of direct payment to vendors or other providers by each Unit Owner is in accordance with Article III, Section 2(b). Except as provided in Section 2 of this Article IV, the liability of each Unit Owner for the Common Expenses of the Association shall be in accordance with Article III, Section 2(b). Any assessment levied against a Unit remaining unpaid for a period of sixty (60) days or longer shall constitute as a lien on that Unit when filed of record in the office of the Clerk of Superior Court of Orange County and shall accrue interest at a rate set by the Association not to exceed 18% per annum, or the maximum interest rate allowed under the laws, it being the intent to allow the Association to accrue interest at the highest amount permissible under the law. The Association may bring an action at law against the Unit Owner, or foreclose the lien against the Property. Fees (including attorneys' fees), charges, late charges, fines, and interest are also enforceable as assessments. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the 9 52 Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. Section 2: Any expense associated with the maintenance, repair or replacement of Limited Common Element parking spaces shall be assessed as a Common Expense and not against the Unit or Units to which the Limited Common Element is assigned. Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against such Unit. Any charge for a utility service provided solely to a particular Unit or Units shall be assessed against such Unit or Units. Notwithstanding electricity and water shall be considered a Common Expense. Section 3: The lien of the assessments provided for herein shall only be subordinate to the lien of any first mortgage and ad valorem taxes. Sale or transfer of any Unit shall not affect the assessment lien. The sale or transfer of any Unit pursuant to mortgage or tax foreclosure or any proceeding in lieu thereof, however, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer unless the assessment lien is a priority under North Carolina law and entitled to priority payment as part of the foreclosure proceeding. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. Section 4: The annual assessments levied by the Association, shall be used exclusively to promote the recreation, health, safety and welfare of the Unit Owners, its employees, servants, guests, invitees and lessees and in particular for the acquisition, improvement and maintenance of the condominium, services and facilities devoted to this purpose, and for the use and enjoyment of the Common Elements. Section 5: The annual assessment shall be at the actual cost required for maintenance, repair and operation of the Condominium, plus reserves for future anticipated expenses. This provision shall remain effective during such time that the Units are owned by the County and Town. Section 6: Both annual and special assessments, if any, required shall be at the actual cost 10 53 and promptly paid by the Unit Owners, promptly to be defined as within sixty (60) days of the assessment levy. Section 7: The annual assessments provided for herein shall commence upon the conveyance of the units to the Town and County. Section 8: Prior to the Town or County conveying any Unit to a third-parry, an Amendment to Article IV of the Declaration will be filed to amend the provisions herein to be consistent with the needs and requirements of Unit ownership not held by the Town or County. ARTICLE V UNIT BOUNDARIES AND PARTY WALLS Section 1: All finish flooring and any other materials constituting any part of the finished surfaces of the walls, floors, or ceilings are a part of the Units, pursuant to G.S. § 47C-2-102(1). To the extent any duct, wire, conduit, or any other fixtures lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated exclusively to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements, pursuant to G.S. §47C-2-102(2). Any decks, porches, balconies, patios and doors within the building or other fixtures designated to serve a single Unit but located outside the Unit's boundaries are Limited Common Elements allocated exclusively to that Unit. For purposes of clarification, the ducts, wire and conduit serve the entire building, the Units and Common Elements. There is no separate electrical or HVAC for the Units. The Plans show designated exterior decks,balconies and porches are within each Unit's boundary. Section 2: Each wall which is built as a part of the original construction of a Unit and placed on the dividing line between the Units or between a Unit and Common Elements, to the extent applicable as shown on the Plats and Plans shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 11 54 Section 3: The cost of reasonable repair and maintenance of all party walls, all exterior building windows, and all exterior doors leading directly to the outside of the building shall be shared by the Unit Owners as set forth in Article III, Section 2 (b). Section 4: Notwithstanding any other provisions of this Article, a Unit Owner who by his negligent or willful act, or the negligent or willful act of the Unit Owner's guests, invitees, tenants or agents, causes party wall damage, or damage to Common Elements or Limited Common Elements shall bear the whole cost of furnishing the repair or maintenance of the damage caused. Section 5: The Association will insure the Unit as upfitted including wall coverings, finished floors, wall to wall carpeting, interior partitioning that is affixed to the Units, cabinets that are affixed to the Units, built in appliances, mechanical systems such as plumbing, heating ventilation, and air conditioning, electrical system and those portions of any wiring for communications systems such as telephone or computer that are built into the premises. The Unit Owner will be responsible to insure furniture, equipment, all personal property, computers, telephones, or other communications equipment, movable furnishings and decorative items, specialized equipment and trade fixtures, if any may be affixed. The Association will be responsible to insure the Heating and Air-conditioning system for the Units and Common Elements. ARTICLE VI EXTERIOR, INTERIOR MAINTENANCE, CUSTODIAL SERVICES AND SECURITY Exterior Section 1: In addition to maintaining the Common Elements, the Association shall provide exterior maintenance for each Unit, whether part of the Unit or Common Elements to the extent applicable, which will be subject to the annual assessment or any special assessment hereunder, including the performance of the following, as needed: Paint; repair, replace and care of roofs; solar pads and panels; exterior building surfaces; trees; shrubs; walks; and other exterior improvements. Such exterior maintenance shall include glass surfaces. Maintenance, repair and replacement of glass surfaces shall be the responsibility of the Association. The 12 55 repair and maintenance of Heating and Air-Conditioning system for the Units and Common Elements shall be the responsibility of the Association. For the period of time the Town and County are the sole Unit Owners of the Condominium, the Town will be responsible for engaging and completing all maintenance of the Common Elements subject to reimbursement from the County, all as set forth in the Parties' MOU, and any amendments thereto. Section 2: In the event that the need for maintenance, repair, or replacement to the Common Elements is caused through the willful or negligent act of a Unit Owner, guests, invitees, or tenants, the cost of such maintenance, replacement, or repairs shall be added to and become a part of the assessment to which such Unit is subject. Interior Section 3: All interior maintenance or repair of each Unit shall be the sole responsibility of the Unit Owner unless the maintenance or repair is due to items covered under exterior maintenance as defined in Section 1 above. Custodial Services and Security Section 4: Custodial Services and Security: The County shall provide daily custodial services for the Common Elements and Units subject to the terms and conditions set forth in the MOU, and any amendments thereto. Security for the Condominium building will be customary security consistent with the Town and County policies. The Parties may also engage private security services which, if engaged, will be as set forth in the Parties' MOU_ ARTICLE VII ARCHITECTURAL CONTROL No building, fence,wall, or other structure or improvement shall be commenced, erected or maintained upon the condominium or upon the roof of the condominium, (including, but not limited to the installation of electrical wiring, television or radio antennae or satellite dish or other objects which may protrude through the walls or roof of the condominium), nor shall any exterior addition or change therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Executive Board. The Executive Board shall have the right to 13 56 appoint an architectural review committee to establish guidelines for any additions or exterior modifications. Notwithstanding the foregoing, Unit Owner Town may, in its sole discretion, erect and install radio antennae upon the roof of the Condominium for use by its local radio station without requiring approval of the Executive Board and/or Unit Owner County. Any additional installations of antennae or other exterior Technology Equipment requested by the Town or County for security or other purposes shall be reviewed and approved by the Executive Board. ARTICLE VIII USE RESTRICTIONS Section 1: During the period where the Units are owned by the Town and County, no Unit shall be used except for municipal and county approved government function, including but not limited to the Orange County Southern Branch Library and related uses, County and Town offices, or other business and professional purposes and such use must conform to state and local zoning ordinances insomuch as each Unit is hereby restricted to use by the Unit Owner thereof, his employees, servants, guests, invitees and lessees, for those uses and purposes permitted in the zoning district in which the Condominium is located, excluding those uses permitted therein only upon obtaining a special use permit or variance. Provided, however, with the prior written consent of the Association, a Unit Owner may seek a variance or special or conditional use permit, or other required regulatory approval (hereafter any of terms are "regulatory approval") and upon obtaining the same may engage in those uses of the Unit permitted by such regulatory approval subject to the further restrictions of this Declaration. Upon obtaining a regulatory approval, the Unit Owner shall file a certified copy thereof with the Secretary of the Association. Section 2: No noxious or offensive activity shall be conducted upon any Unit nor shall anything be done thereon which may be or may become an annoyance or nuisance. Section 3: No animals of any kind, except Service Animals as defined under the Americans with Disabilities Act for Title II (State and local government services) shall be 14 57 kept or maintained in any Unit without permission of the Executive Board. Section 4: Except as provided in Article VII hereinabove, no outside radio or television antennas, including satellite dishes or receivers shall be erected on any Unit unless and until permission for the same has been granted by the Executive Board. Permission will be contingent on evidencing that the proposed erection will not materially or negatively affect the Units or Common Elements. Section 5: No signs may be placed in or on the common elements advertising or promoting a non-government business or business function. Notwithstanding the foregoing, Town's local radio station tenant may place a sign advertising its radio station within the window of the radio studio space, which shall be part of the Town's Unit as shown on the Condominium plats and plans. All signage shall be in compliance with the Town ordinance. No other signs shall be permitted on or about the Units, other than those signs specifically referred to in Article II, Section 10. Section 6: All window coverings (i.e., curtains, blinds, draperies, shades, etc.) shall appear white or off-white from the exterior, and are deemed the responsibility of the Unit Owner. Section 7: Unit Owners shall not park or store any camper, trailer, trailer vehicle, or similar vehicle within the Condominium including the parking deck unless approved in writing by the Executive Board. No trucks shall be permitted to park without Executive Board approval except for standard passenger vans, pickup trucks, or sport utility vehicle. No motor vehicle not currently registered, inspected and licensed shall be parked or stored anywhere within the Property. Subject to any existing requirement that the Town is responsible for towing any vehicle, the Association reserves the right to tow any vehicles in violation of this Section and charge the Unit Owner for the cost of towing. In no event shall the Association be held liable for the towing of any vehicle that is in violation of this Section. This provision shall not be construed to prevent delivery and/or maintenance trucks and vans providing services to the Unit Owners from parking temporarily within a designated delivery area, which designated delivery area may be established by the Association pursuant to Article II hereinabove. 15 58 Section 8: The Condominium shall be available as an election site if the Orange County Board of Elections authorizes the site for elections. The details of such use shall be as set forth in the Parties' MOU. ARTICLE IX EASEMENTS Section 1: Easements for maintenance, repair or modification of utilities and drainage facilities are reserved as shown on the recorded Plats and Plans and other like easements may be granted by the Executive Board in the name of the Association for the benefit of the Condominium and for the benefit of any Unit, including the right to install, lay, maintain, repair and replace, waterlines, pipes, sewer lines, storm drainage facilities, telephone wires, cable television wires and electrical conduits, wires over, under and along any portion of the Property, and the Owners of any Unit hereby grant to the Association an irrevocable power of attorney to execute, acknowledge and record for and in the name of each Unit Owner such instruments as may be necessary to effectuate the foregoing. Within these easements no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may obstruct or change the flow of drainage channels in the easements. Section 2: To the extent applicable, all Units and Common Elements shall be subject to easements for the encroachment of improvements constructed on adjacent Units by the Declarant to the extent that such improvements actually encroach. Section 3: Declarant shall have a reasonable construction easement across the Common Elements for the purpose of constructing unfinished or new improvements on the Units. Declarant shall also have such easements through the Common Elements as may be reasonably necessary for the purpose of discharging a Declarant's obligations or exercising Special Declarant Rights as provided herein. In the event Declarant in its construction activities causes any damage to the Common Elements it will repair the damage at its cost. Section 4: The Association shall have a right of entry upon the Units and any limited 16 59 Common Elements to effect emergency repairs, and a reasonable right of entry upon the Units to effect other repairs, improvements, replacement or maintenance as necessary. Section 5: All easements granted herein are appurtenant to and shall run with the land, and shall inure to the benefit of and be binding upon the Declarant, the Association, Owners, occupants, and mortgage holders, and any other person or entity having an interest in the condominium. Section 6: Each Unit Owner shall have an easement in common with the Owners of all other Units to use all chutes, flues, pipes, wires, ducts, cables, conduits, and public utilities serving his Unit. Each Unit shall be subject to an easement in favor of the Owners of all other Units to use the chutes, flues, pipes, wires, ducts, cables, conduits, and public utility lines, and other Common Elements serving such other Units and located in such Unit. The Executive Board, or its agents, shall have a right of access necessary to inspect the same, to remove violations therefrom, and to maintain, repair or replace the Common Elements contained therein or accessible therefrom, and to make emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit or Units. Each Unit Owner specifically shall have an easement of access through all other Units as may be reasonably necessary to maintain, repair and replace all components of mechanical systems serving his Unit and to maintain, repair and replace those portions of his Unit or Limited Common Elements within his sphere of responsibility. Section 7: An easement is hereby established over the Common Elements for the benefit of applicable governmental agencies, utility companies and public service agencies as necessary for setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities, electrical, telephone, gas and cable antenna lines, firefighting, garbage, collection, postal delivery, emergency and rescue activities and law enforcement activities. Section 8: An easement is hereby established, to the extent necessary in favor of the Town and County, its guests, invitees, employees, agents and lessees for ingress, egress and regress over the common element parking deck driveways or lanes to allow 17 60 proper access to parking. The Executive Board will further define in rules and regulations the limitations of access or use of the common element parking deck, including the hours of operation, and if applicable, any charges municipal public parking as described in Article II, Section 3 in this Declaration. The provisions of this Declaration provide certain parking spaces are deemed limited common elements of the Condominium The Town shall have absolute control over its designated limited common element spaces and the County shall have absolute control over its limited common element spaces. The limited common elements spaces of the Town and County and certain common element shared spaces are shown on the recorded Plans of the Condominium. ARTICLE X RIGHT OF FIRST REFUSAL Section 1: The Town and County agree that in the event either party intends to sell its interest in its Unit or any subsequent created Unit or Units, the selling party agrees that prior to listing or otherwise placing the Unit or Units up for bid or sale, the selling party shall provide the other party with written notice of its intent to sell the Unit or Units. The non-selling party shall have the exclusive option for a period of one hundred and twenty days (120) days from the date of receipt of such written notice to submit a written offer to purchase at a price agreeable to the Parties. In the event the Parties cannot agree upon a price for the Unit or Units to be sold, the Parties shall both secure appraisals from a North Carolina licensed appraiser, and the purchase price for the Unit or Units to be sold shall be determined by calculating the average of the two appraisal valuations. In the event that the non-selling party determines that it shall not proceed with the purchase of the Unit or Units using the average between the two appraisal valuations, then in that event the selling parry shall have the right to market and sell the Unit or Units, subject to complying with all state and or federal rules, regulations and requirements of the sale of real estate by a North Carolina County or Town. However, the non-selling party shall have thirty (30) business days to match or exceed any 3rd parry offer obtained by the selling parry, and if 18 61 matched or exceeded, closing must occur within 90 days of acceptance and the offer to purchase memorializing the agreement shall be devoid of closing contingencies. Notwithstanding, the non-selling party shall have a fair opportunity to inspect the property before entering executing the offer to purchase agreement. Section 2: If the non-selling party determines that it will not purchase the Unit or Units, it shall notify the selling party in writing and provide public record notice of the termination of the rights provided for hereunder, on or before the conveyance of the selling party Unit or Units to the third-party purchaser,but the non-selling party will retain its right of first refusal for any sale of the purchased Unit or Units by the third-party purchaser. Section 3: This right of first refusal shall be binding upon Parties, however the rights pursuant to this Article are "personal"to the Town and County and the Town and County shall have no obligation under the terms of this Article to any third- party purchaser, its successors and/or assigns. Section 4: If any clause, provision or paragraph of this Article, shall for any reason, be held illegal, invalid, or unenforceable, such illegality, invalidity, or enforceability shall not affect any other clause, provision or paragraph hereof, and this Article shall be construed and enforced as if such illegal, invalid, or unenforceable clause, paragraph or other provision had not been contained herein. Section 5: This Article shall be effective upon the recording of this Declaration and continue for a period of thirty (30) years, however, either party shall have the right to renew the first right of refusal for additional thirty(30) year periods by providing written public record notice on or before thirty (30) days prior to the end of the each thirty(30)year period. ARTICLE XI GENERAL PROVISIONS Section 1: All powers granted in the Declaration or the Bylaws to the Association shall be exercisable by the Executive Board, except as expressly provided in the Declaration, the Bylaws, or G.S. § 47-C. 19 62 Section 2: The Association may adopt and enforce reasonable rules and regulations not in conflict with the Declaration and supplementary thereto, as more fully provided in the Bylaws and MOU. Section 3: The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and the Bylaws of the Association. Failure by the Association to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter. Upon notice to the Association of a violation hereunder and a failure of the Association to take action upon said violation within 90 days, any Unit Owner, or other holder of an interest in the condominium may undertake the enforcement of the provisions of the Declaration at his own expense. Section 4: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5: The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first 20-year period and during any successive periods of ten (10) years, by an instrument signed by Unit Owners with not less than eighty (80) percent of the Undivided Allocated Interests of Units, as set forth in Exhibit B to this Declaration, or any amendment to Exhibit B resulting from a subdivision of a Unit or Units as allowed by this Declaration. Section 6: The fiscal year of the Association shall begin on the first day of January and end the 31st day of December of each year, except that the first fiscal year shall begin on the date of recording this Declaration. IN WITNESS WHEREOF, Declarant of this Declaration has caused this instrument to be executed in its name as duly authorized by County and Town, this day of 92026. 20 63 SIGNATURE AND NOTARY PAGE TO FOLLOW 21 64 THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina (Seal) Jean Hamliton Chair Orange County,North Carolina Board of Commissioners (Seal) Laura Jensen, Clerk Orange County,North Carolina Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF I, ,Notary Public for the County of , State of North Carolina, certify that LAURA JENSEN,personally appeared before me on the day of January, 2026 and acknowledged that she is the Clerk to the Board of Orange County,North Carolina, Board of County Commissioners, and to verify Jean Hamilton's execution of this North Carolina Special Warranty Deed, conveying real property, that Jean Hamilton is Chair of the Orange County Board of Commissioners and signed in that capacity. Witness my hand and official stamp or seal, this the day of January, 2026. Notary Public My Commission Expires: 22 65 TOWN OF CARRBORO, a North Carolina municipal corporation BY: (SEAL) Name: Patrice Toney Title: Town Manager Date: ATTEST: (SEAL) By: Name: Lamar Joyner Title: Town Clerk Date: STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ,Notary Public for the County of , State of North Carolina, certify that the LAMAR JOYNER,personally appeared before me this day and acknowledged that he is Town Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in its name by Patrice Toney, its Town Manager, sealed, and attested by him as its Town Clerk. Witness my hand and official stamp or seal, this the day of 12026. Notary Public My Commission Expires: 23 66 EXHIBIT "A" TO DECLARATION DESCRIPTION OF LAND BEING all of that property consisting of 0.937 acres, more or less, as shown on a map and survey entitled"Drakeford Library Complex Condominium Project" (Property of Town of Carrboro & Orange County)prepared by Freehold Land Surveys, Inc., last revised March 3, 2025, and recorded in Plat Book , Page , Orange County Registry, to which map reference is made for a more particular description of same. PIN: 9778-85-7932 24 67 EXHIBIT B INITIAL UNDIVIDED ALLOCATED INTEREST OF UNITS Unit Number Square Feet Percentage Share 1 19,581.14 53.6% 2 16,946.37 46.4% TOTAL 100% 25 68 EXHIBIT C BYLAWS OF DRAKEFORD LIBRARY COMPLEX CONDOMINIUM, OWNERS ASSOCIATION, an unincorporated non-profit association ARTICLE I MEETINGS OF MEMBERS Section 1: The first annual meeting of the members shall be held within one year from the date of formation of the Association, and each subsequent regular annual meeting of the members shall be held on a date within thirty (30) days of the one-year anniversary of the last annual meeting. Meetings will not be scheduled on a date that is a legal holiday. Meetings may be held live, virtually or in combination, and members shall be considered present if the meeting is held virtually in whole or in combination. Section 2: Special meetings of the members may be called at any time by the president or the Executive Board, or upon written request of 25% of the members, pursuant to G.S. § 47C-3-108. Section 3: Written notice of each meeting shall be given by, or at the direction of, the secretary or person(s) authorized to call the meeting, by hand delivering, facsimile, email, or mailing a copy of such notice, postage prepaid, at least 10 days and not more than 45 days before such meeting to each member as provided in G.S. § 47C-3-108. Section 4: The Executive Board shall develop a budget that is approved and adopted by the Town and County as part of the annual budget approval process for the Town and County. Section 5: The presence at the meeting of members or proxies entitled to cast fifty one percent (51%) of the votes shall constitute a quorum for any action except as otherwise provided by law. Section 6: Every Unit Owner shall be entitled to cast the number or percentage of votes as provided in the Declaration for the Units owned by such member. Notwithstanding the above, amendments to the Declaration shall be voted as set forth in Article XI, Section 5 of the Declaration. 26 69 Section 7: Pursuant to G.S. § 47C-3-110, votes allocated to a Unit may be cast pursuant to a dated written proxy signed by a Unit Owner. A Unit Owner may not revoke a proxy except by written notice delivered to the person presiding over a meeting of the Association. A proxy terminates one year after its date, unless it specifies a shorter term. Section 8: In the event the Town or County do not own one or both of the Units, this Article will be amended at a regular or special meeting of the members. The members shall review and revise these bylaws, and to the extent necessary amend the Declaration to be consistent with their new member ownership. By way of example, but not limitation, Section 4 of this Article would no longer apply and would require deletion in full. ARTICLE II OFFICERS AND EXECUTIVE BOARD: SELECTION: TERM OF OFFICE Section 1: The affairs of the Association shall be managed by an Executive Board of at least four (4) members, who shall be entitled to act on behalf of the Association. The Executive Board Members shall be the Town Manager and a designee appointed by the Town Manager and employed by the Town as staff; and the County Manager, and a designee appointed by the County Manager and employed by the County as staff. Section 2: Any Executive Board member, may be removed in accordance with G.S. § 47C- 3-103(b). In the event of death, resignation or removal of an individual serving in capacity as Town Manager or County Manager, the replacement Town Manager, County Manager, shall be appointed by their respective elected Board of County Commissioners or Town Council. In Any interim appointment shall be made within 45 days of the vacancy. In the event of death, resignation or removal of a designee appointed by the Town Manager, the replacement designee shall be appointed by the Town Manager within 45 days of the triggering event. In the event of death, resignation or removal of a designee appointed by the County Manager, the replacement designee shall be appointed by the County Manager within 45 days of the triggering event. The successor 27 70 shall serve the remainder of the term. Section 3: No Executive Board member shall receive compensation for any service he may render to the Association outside of his or her normal employment as an employee of the Town or County. However, with the prior approval of the Executive Board, any Executive Board member may be reimbursed for actual expenses incurred in the performance of his duties. Section 4: The Executive Board shall have the right to take any action in the absence of a meeting which they could take at a duly held meeting by obtaining the written consent of the other Executive Board members to the action. Any action so approved shall be filed in the Association books and records and shall have the same effect as though taken at a meeting of the Executive Board. ARTICLE III MEETINGS OF EXECUTIVE BOARD Section 1: Meetings of the Executive Board shall be as deemed necessary by the Board, without notice, or as determined by the Board, at such place and hour as may be fixed from time to time by resolution of the Board. Special meetings of the Executive Board may be called by any member of the Executive Board, after not less than three (3) days-notice to the other Executive Board members. Section 2: A majority of the Executive Board members shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Executive Board members present at a duly held meeting shall be regarded as the act of the board. ARTICLE IV POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 1: Subject to the provisions contained herein and applicable law, the Executive Board shall have the power and authority to exercise all the rights of the Association, including,but not limited to: (a) Adopt rules and regulations governing the use of the common area and facilities, the personal conduct of the members and their guests thereon, and 28 71 establish penalties for the infraction thereof; (b) Employ a professional property manager, an independent contractor, or other employees as they deem necessary, and prescribe their duties; provided always, any contract for professional management must contain a clause requiring not more than 90 days termination notice; (c) Procure, maintain and pay premiums on an insurance master policy(s) and equitably assess the Owners of the same for their prorata portion of such expense, and to procure and maintain liability insurance for the Board of Directors; (d) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements other than for service provided to Unit Owners; (e) Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; (f) Exercise any other powers necessary and proper for the governance and operation of the Association; and (g) Exercise any and all powers, rights and privileges which an unincorporated non-profit association of the State of North Carolina by law may now or hereafter have or exercise. Section 2: It shall be the duty of the Executive Board to: (a) Cause the Common Elements to be maintained, repaired, and replaced as necessary, and to assess the Unit Owners to recover the cost of the upkeep of the Common Elements; (b) It shall be the duty of the Executive Board to consider the establishment and maintenance of capital reserves for future anticipated Common Element expense and have a study to be conducted once every five (5) years to evaluate and recommend the current and projected capital reserve requirements for the Condominium; (c) Serve as the architectural committee, or the right to delegate that responsibility; (d) Keep a complete record of all its acts and corporate affairs and present a 29 72 statement thereof to the members at the annual meeting, or at any special meeting when such statement is requested in a writing signed by 50% of the members; (e) Supervise all officers, agents and employees, if any, of the Association, and see that their duties are properly performed; (f) Create an annual assessment budget and the mechanism for the Town and County to promptly collect and pay for all Association obligations to maintain the Common Elements; (g) Procure and maintain, at all times, adequate replacement coverage hazard insurance on the property owned by the Association and all property for which the Association has the duty to maintain, and sufficient liability insurance to adequately protect the Association as provided in G.S. § 47C-3-113; (h) Cause all officers or employees, including officers and employees of professional management, having fiscal responsibilities to be bonded, as it may deem appropriate; (i) Cause the establishment and appointment of members to a committee known as the Drakeford Facility Operations Committee, as outlined in the Memorandum of Understanding (the "MOU"). The Drakeford Facility Operations Facility Committee will be responsible for daily operations of the facility and for developing and implementing the Drakeford Policies and Procedures Manual. The policies and procedures in the manual will be approved by the Executive Board. 0) If the Executive Board cannot agree by majority vote on one or more of its obligations the Board shall utilize a dispute resolution mechanism to resolve the situation. By way of example and not limitation, if the Executive Board cannot by majority vote agree on a necessary capital reserve budget, the Executive Board can agree upon a third-party mediator to facilitate a solution or hire a third-party arbitrator, with binding or non-binding arbitration, engage an expert on the matter in conflict and agree to resolve the problem with the expert opinion, or any other agreed upon dispute resolution. If necessary, the provisions for Dispute Resolution set forth in Part II, Article 1, Section 11 of the 30 73 Declaration is also available. ARTICLE V OFFICERS AND THEIR DUTIES Section 1: The officers of this Association shall be a president, vice-president, and secretary/treasurer. The officers shall be appointed by the Executive Board. An Executive Board member can also be an officer and an Executive Board Member may hold more than one office (eg. president and treasurer). (a) The president shall preside at all meetings of the Executive Board; see that orders and resolutions of the Executive Board are carried out; sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and promissory notes. (b) The vice-president shall act in the place of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Executive Board. (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Board and of the members; serve notice of meetings of the Executive Board and of the members; keep appropriate current records showing the members of the Association together with their addresses; prepare, execute, certify, and record amendments to the Declaration on behalf of the Association; and perform such other duties as required by the Executive Board. (d) The treasurer shall have authority to disburse such funds related to the affairs of the Association as directed by the Executive Board; may sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a certified public accountant or other person suitable to the Executive Board at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenditures to be presented to the membership at its annual meeting, and deliver a copy to each member. In the event a property manager is employed by the Association, the Treasurer can assign duties to the property manager. 31 74 ARTICLE VI BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration and Bylaws of the Association shall be available for inspection by any member at the principal office of the Association. ARTICLE VII AMENDMENTS TO BYLAWS These Bylaws may be amended, at a regular or special meeting of the members, by a vote of the majority of the members. IN WITNESS WHEREOF, we, being all of the members of the Executive Board of Drakeford Library Complex Condominium Owners Association, an unincorporated nonprofit association, have hereunto set our hands to the Bylaws of the Drakeford Library Complex Condominium Owners Association, this day of January, 2026. Town Manager Town Manager Designee County Manager County Manager Designee CERTIFICATION I, the undersigned, do hereby certify: THAT I am the Secretary of the Drakeford Library Complex Condominium Owners Association and THAT the foregoing Bylaws constitute the original Bylaws of such Association and were duly adopted at a meeting of the Executive Board, held on the day of , 202 IN WITNESS WHEREOF, I have on behalf of the Drakeford Library Complex Owners 32 75 Association subscribed my name day of , 202_. Secretary 33 76 34 77 Attachment 3 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $EXEMPT Parcel Identifier No. Mail after recording to: Beemer, Hadler& Willett, P.A. This instrument was prepared by: Wayne R. Hadler, Esq. (WITHOUT TITLE EXAMINATION) THIS DEED made this day of , 2026 by and between GRANTOR TOWN OF CARRBORO, a North Carolina municipal corporation GRANTEE TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided interest, and THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina, a 53.6% undivided interest P.O. Box 8181 Hillsborough,NC 27278 The designation Grantor and Grantee 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. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of 78 which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Orange County, North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE The property hereinabove described was acquired by Grantor by instrument recorded in Book 5582, Page 486, Orange County Registry. A map showing all or a portion of the above-described property was previously recorded in Plat Book 128, Page 92, Orange County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements, conditions and restrictions of record, if any. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year set forth below. SIGNATURE AND ACKNOWLEDGEMENT PAGE TO FOLLOW 79 TOWN OF CARRBORO, a North Carolina municipal corporation BY: (SEAL) Name: Title: Town Manager Date: ATTEST: (SEAL) By: Name: Town Clerk Title: Date: STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ,Notary Public for the County of , State of North Carolina, certify that the , personally appeared before me this day and acknowledged that (s)he is Town Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in its name by , its Town Manager, sealed, and attested by(him) (her) as its Town Clerk. Witness my hand and official stamp or seal,this the day of , 2026. Notary Public My Commission Expires: 80 EXHIBIT"A" BEING all of that property consisting of 0.937 acres, more or less, as shown on a map and survey entitled"RECOMBINATION & EASEMENT PLAT, 203 S. Greensboro Street" ,prepared by Sungate Design Group, P.A. dated December 4, 2024, and recorded in Plat Book 128, Page 92, Orange County Registry, to which map reference is made for a more particular description of same. PIN: 9778-85-7932 81 Attachment 4 NORTH CAROLINA SPECIAL CONDOMINIUM WARRANTY DEED Prepared by:Beemer,Hadler&Willett,P.A. Excise Tax: $EXEMPT Return to: Grantee Tax Parcel: THIS DEED made this day of , 2026 by and between GRANTOR TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided interest, and THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina, a 53.6% undivided interest P.O. Box 8181 Hillsborough,NC 27278 GRANTEE THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina P.O. Box 8181 Hillsborough,NC 27278 The designation Grantor and Grantee 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. WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,that certain property in the County of Orange, State of North Carolina more particularly described in EXHIBIT "A"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 82 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 5582,Page 486 and Deed Book ,Page , Orange County Registry. Title to the property hereinabove described is subject to the following exceptions: ➢ All taxes and assessments if any due payable. ➢ Applicable zoning ordinances and other restrictions and regulations of government authorities. ➢ All of the terms, conditions,provisions,rights,privileges, obligations, easements and liens set forth and contained in the Declaration of Covenants, Conditions and Restrictions of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT recorded in Deed Book ,Page , Orange County Registry and the Bylaws of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, all as now or hereafter may be amended. ➢ All other restrictions, agreements and easements of record which affect the Condominium. ➢ Each and all of such easements,rights-of-way,reservations,restrictions on use, and covenants, conditions, and obligations, are incorporated in this Deed by reference, and shall constitute covenants running with the Property inclusive of the Land, equitable servitudes and liens to the extent set forth in said documents as provided by law. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee,their heirs, successors, and assigns,in fee simple. GRANTOR covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, subject to all the terms, provisions, conditions, obligations, limitations,restrictions and easements contained in the aforesaid Declaration, and any amendments thereto and subject to restrictions, easements and rights-of-way of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year set forth below. SIGNATURE AND ACKNOWLEDGEMENT PAGES TO FOLLOW [SIGNATURE AND ACKNOWLEDGEMENT TO FOLLOW] 83 TOWN OF CARRBORO, a North Carolina municipal corporation BY: (SEAL) Name: Title: Town Manager Date: ATTEST: (SEAL) By: Name: Town Clerk Title: Date: STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ,Notary Public for the County of State of North Carolina, certify that the , personally appeared before me this day and acknowledged that(s)he is Town Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in its name by , its Town Manager, sealed, and attested by (him) (her) as its Town Clerk. Witness my hand and official stamp or seal, this the day of 92026. Notary Public My Commission Expires: 84 THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina (Seal) Jean Hamilton, Chair Orange County,North Carolina Board of Commissioners (Seal) Laura Jensen, Clerk Orange County,North Carolina Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF I, ,Notary Public for the County of , State of North Carolina, certify that LAURA JENSEN, personally appeared before me on the day of , 2026 and acknowledged that she is the Clerk to the Board of Orange County, North Carolina, Board of County Commissioners, and to verify Jean Hamilton's execution of this North Carolina Special Warranty Deed, conveying real property, that Jean Hamilton is Chair of the Orange County Board of Commissioners and signed in that capacity. Witness my hand and official stamp or seal, this the day of , 2026. Notary Public My Commission Expires: 85 EXHIBIT "A" All that certain lot or parcel of land situated in the Town of Carrboro, Orange County, North Carolina, and more particularly described as follows: BEING all of Condominium Unit 1 in Drakeford Library Complex Condominium Project, a Condominium according to Declaration of Covenants, Conditions and Restrictions filed in Deed Book , Page , Orange County Registry and as may be further amended (hereinafter collectively the "Declaration") together with all of the appurtenances to said units, including the specified 53.6% undivided interests in and to the common areas of Drakeford Library Complex Condominium Project. The foregoing unit are shown on the plat and plans recorded in Plat Book , Pages , Orange County Registry. Said Declaration, amendments thereto, and plat and plans are hereby incorporated herein by reference. Site Address: 203 South Greensboro Street, Carrboro,NC 27510 PIN: 86 Attachment 5 NORTH CAROLINA SPECIAL CONDOMINIUM WARRANTY DEED Prepared by:Beemer,Hadler&Willett,P.A. Excise Tax: $EXEMPT Return to: Grantee PIN: THIS SPECIAL CONDOMINIUM WARRANTY DEED made this day of January, 2026 by and between GRANTOR TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided interest, and THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina, a 53.6% undivided interest P.O. Box 8181 Hillsborough,NC 27278 GRANTEE TOWN OF CARRBORO, a North Carolina municipal corporation 301 W. Main Street Carrboro,NC 27510 The designation Grantor and Grantee 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. WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,that certain property in the County of Orange, State of North Carolina more particularly described in EXHIBIT "A"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 87 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 5582,Page 486 and Book ,Page , Orange County Registry. Title to the property hereinabove described is subject to the following exceptions: ➢ All taxes and assessments if any due payable. ➢ Applicable zoning ordinances and other restrictions and regulations of government authorities. All of the terms, conditions,provisions,rights,privileges, obligations, easements and liens set forth and contained in the Declaration of Covenants, Conditions and Restrictions of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT recorded in Book ,Page , Orange County Registry and the Bylaws of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, all as now or hereafter may be amended. ➢ All other restrictions, agreements and easements of record which affect the Condominium. ➢ Each and all of such easements,rights-of-way,reservations,restrictions on use, and covenants, conditions, and obligations, are incorporated in this Deed by reference, and shall constitute covenants running with the Property inclusive of the Land, equitable servitudes and liens to the extent set forth in said documents as provided by law. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, its heirs, successors, and assigns, in fee simple. GRANTOR covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, subject to all the terms,provisions, conditions, obligations, limitations, restrictions and easements contained in the aforesaid Declaration, and any amendments thereto and subject to restrictions, easements and rights-of-way of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year set forth below. SIGNATURE AND ACKNOWLEDGEMENT PAGES TO FOLLOW [SIGNATURE AND ACKNOWLEDGEMENT TO FOLLOW] 88 TOWN OF CARRBORO, a North Carolina municipal corporation BY: (SEAL) Name: Patrice Toney Title: Town Manager Date: ATTEST: (SEAL) By: Name: Lamar Joyner Title: Town Clerk Date: STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ,Notary Public for the County of , State of North Carolina, certify that the Larmar Joyner,personally appeared before me this day and acknowledged that he is Town Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in its name by Patrice Toney, its Town Manager, sealed, and attested by him as its Town Clerk. Witness my hand and official stamp or seal, this the day of January, 2026. Notary Public My Commission Expires: 89 THE COUNTY OF ORANGE, a body politic and corporate, a political subdivision of the State of North Carolina (Seal) Jean Hamilton, Chair Orange County, North Carolina Board of Commissioners (Seal) Laura Jensen, Clerk Orange County,North Carolina Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF I, ,Notary Public for the County of , State of North Carolina, certify that Laura Jensen personally appeared before me on the day of January, 2026 and acknowledged that she is the Clerk to the Board of Orange County,North Carolina, Board of County Commissioners, and to verify Jean Hamilton's execution of this North Carolina Special Warranty Deed, conveying real property, that Jean Hamilton is Chair of the Orange County Board of Commissioners and signed in that capacity. Witness my hand and official stamp or seal, this the day of January, 2026. Notary Public My Commission Expires: 90 EXHIBIT "A" All that certain lot or parcel of land situated in the Town of Carrboro, Orange County, North Carolina, and more particularly described as follows: BEING all of Condominium Unit 2 in Drakeford Library Complex Condominium Project, a Condominium according to Declaration of Covenants, Conditions and Restrictions of Drakeford Library Complex Condominium Project, a Condominium filed in Book , Page , Orange County Registry and as may be further amended (hereinafter collectively the "Declaration") together with all of the appurtenances to said unit, including the specified 46.4% undivided interests in and to the common elements of Drakeford Library Complex Condominium Project. The foregoing unit isshown on the plat and plans recorded in Plat Book , Pages , Orange County Registry. Said Declaration and plat and plans are hereby incorporated herein by reference. Site Address: 203 South Greensboro Street, Carrboro,NC 27510 PIN: NOTARY FOR YOUR SIGNATURE 91 NORTH CAROLINA COUNTY OF I, ,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR O O Q O O O SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR THE PURPOSE STATED THEREIN AND IN THE CAPACITY 0 INDICATED: STOP DATE: { { {{ 7779 � NOTARY PUBLIC y $ < ST ��� _ t 3, MY COMMISSION EXPIRES: f y > �� ENTRY MP: NCLUD DIN 2 - SHAREDCOMMON S \ ELEMENT AREA > V I,THE UNDERSIGNED ARCHITECT,BEING LICENSED -�� ��[' _ UNDER THE PROVISION OF CHAPTER 83A OF THE { GENERALSTATUE HEREBY CERTIFY THAT THIS DRAWING IS ACCURATE AND COMPLIES WITH LOCAL BUILDING 2 < CODES AND CONTAINS ALL THE INFORMATION REQUIRED _ _ _ BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, _ THE LAYOUT,LOCATION,CEILING,AND FLOOR ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE } �<. TA UNITS AS BUILT,AND THE SAME HAVE BEEN 2{ SUBSTANTIALLY COMPLETED. t E ?< `_ -- �- -- .F DATE RICHARD GURLITZ CARO * REo. 3 4 CHIT SEE DECLARATION OF CONDOMINIUM RECORDED ON 2025 IN BOOK ,PAGE HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE UNIT 1 ORANGE COUNTY ®u NIT I ORANGE COUNTY SPACE IN ACCO JECT DOANCEWTSUDIVIHI SAID DECLARATION AN OR RELOCATION OF ND THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE Space Summary- Level 01 (See Hatch Legend) ®SHARED COMMON ELEMENT AREA OWNER AREA OC LIMITED COMMON ELEMENT AREA TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 10,970.58 sf UNIT 2 TOWN OF CARRBORO SPACE 8,880.99 sf SHARED COMMON ELEMENT AREA 11,369.66 sf Drakeford Library Complex Condominium Project -- Level 01 Scale: 1/16"= V-0" page 1 of OC LIMITED COMMON ELEMENT AREA 0 S TOC LIMITED COMMON ELEMENT AREA 0 sf 203 South Greensboro Street Carrboro, NC 27510 TOTAL GSF LEVEL 01 31,221.23 sf NOTARY FOR YOUR SIGNATURE 92 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR THE PURPOSE STATED THEREIN AND IN THE CAPACITY INDICATED: DATE: NOTARY PUBLIC o 0 0 o v o MY COMMISSION EXPIRES: 0000v ., n �> < fE \ \\ I THE UNDERSIGNED ARCHITECT BEING LICENSED D D UNDER THE PROVISION OF CHAPTER 83A OF THE * t U 11_ 4 \000\1GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING a t IS ACCURATE AND COMPLIES WITH LOCAL BUILDING CODES AND CONTAINS ALLTHE INFORMATION REQUIRED BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, - _ THE LAYOUT,LOCATION,CEILING,AND FLOOR HAVE BEEN S OF THE r ELEVATIONS,UNIT NUMBERS,AND DIMENSION UNITS AS BUILT,AND THE SAME - - ---� \ SUBSTANTIALLY COMPLETED v .J � _ DATE y T �4 RICHARD GURLITZ P O 2 9 RE3 * 74 G.N I I cygRD GVR�\ PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA; AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON ,2025 IN BOOK ,PAGE HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE IN ACC SUBDIVISION OR RELOCATION OF BOUNDARIES F7 7UNIT t ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND UNIT 1 ORANGE COUNTY THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. UNIT2 TOWN OF CARRBORO UNIT 2 TOWN OF CARR..R.SPACE Space Summary-Level 02-P1 (See Hatch Legend) ®SHARED COMMON ELEMENT AREA OWNER AREA OC LIMITED COMMON ELEMENT AREA TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 5,756.12 Sf UNIT 2 TOWN OF CARRBORO SPACE 2,853.07 Sf SHARED COMMON ELEMENT AREA 15,436.10 sf Drakeford Library Complex Condominium Project -- Level 02-P1 Scale: 1/16°= V-0" page 2 of OC LIMITED COMMON ELEMENT AREA 144.00sf TOC LIMITED COMMON ELEMENT AREA 6,252.69 Sf 203 South Greensboro Street Carrboro, NC 27510 TOTAL GSF LEVEL 02-P1 30,441.98 Sf NOTARY FOR YOUR SIGNATURE 93 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR THE PURPOSE STATED THEREIN AND IN THE CAPACITY INDICATED: DATE: NOTARY PUBLIC \ MY COMMISSION EXPIRES: ;S ��+` ovovv v v vvooA +in - v ovvo 0 vavvv Cv \. vvvv� vvv - v000vv ovv o vv 00 oovv000 ovvo- ovvo -v00000 \ o o v v o o o D o v o v v o 1 1 I,THE UNDERSIGNED ARCHITECT,BEING LICENSED ... _ _ vv UNDER THE PROVISION OF CHAPTER 83A OF THE ovvo \ GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING r"'\iiO vv _ vv IS ACCURATE AND COMPLIES WITH LOCAL BUILDING } D D ` `\ o .ovv o 0 0 o CODES AND CONTAINS ALL THE INFORMATION REQUIRED �v BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, o o THE LAYOUT LOCATION CEILING AND FLOOR 71111-1v v v v ELEVATIONS,UNIT NUMBERS AND DIMENSIONS OF THE UNITS AS BUILT,AND THE SAME HAVE BEEN rT I1' – v v JJ v SUBSTANTIALLY COMPLETED. A I I v I v I I DATE RICHARD GURLITZ AO CA t), v o v RE 874 . + + + + + * 3874 vvv,. ,� .. �• `' ° �C R �'� PARKING DECK-SPACES ALLOCATED TO EACH UNITAS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA; AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON ,2025 IN BOOK ,PAGE HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES UNIT 1 ORANGE COUNTY ®UNIT 1 ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE n ry- s ace Summa Level 03-P2 (See Hatch Legend) ®SHARED COMMON ELEMENT AREA OWNER AREA E:]OC LIMITED COMMON ELEMENT AREA TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 2,854.44 sf UNIT 2 TOWN OF CARRBORO SPACE 5,212.31 sf SHARED COMMON ELEMENT AREA 14,848.35 sf Drakeford Library Complex Condominium Project -- Level 03-P2 Scale: 1/16"=V-0" page 3 of 7 OC LIMITED COMMON ELEMENT AREA 6,143.40 sf TOC LIMITED COMMON ELEMENT AREA 0 sf 203 South Greensboro Street Carrboro, NC 27510 TOTAL GSF LEVEL 03-P2 29,058.50 sf NOTARY FOR YOUR SIGNATURE 94 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR THE PURPOSE STATED THEREIN AND IN THE CAPACITY INDICATED: DATE: vvvovov NOTARY PUBLIC 0 0 ov vvo vv. MY COMMISSION EXPIRES: v \ \. v°v0000��` co F n�Rn vv v v ��� ° \ S�. vvovv vvvv vovv - vvo 0 vovvvv o - vvvv - v v � v v v v o o vvv I,THE UNDERSIGNED ARCHITECT,BEING LICENSED v vvv o o v v v v v o vovv �' vvvv UNDER THE PROVISION OF CHAPTER 83A OF THE v vo \ GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING v v v v IS ACCURATE AND COMPLIES WITH LOCAL BUILDING CODES AND CONTAINS ALL THE INFORMATION REQUIRED °o�D - -- BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, vovvvv ° � vvv vvovv �v� v o nig vo 0 0° ovo THE LAYOUT,LOCATION,CEILING,AND FLOOR Roots 711,11, ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE sou an u�s"I -- - \ - UNITS AS BUILT,AND THE SAME HAVE BEEN _v 4Tr v SUBSTANTIALLY COMPLETED. ® :on -- -��. - \ vvc vovvvv v, ® v oov vovvvv �; oovr� DATE A 1----177777 E v v v o v v v v v RICHARD GURLITZ ii\� _ SN CAR o< �\ - 2p�PEG15TER Z•l. CIO1KNO vvovv T v°° RE 874 * 3874 v v v O O V v CH 4RIT cygRI) PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA; AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON ,2025 IN BOOK ,PAGE HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES UNIT 1 ORANGE COUNTY UNIT 1 ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE n s ace Summa Level P3 (See Hatch Legend) SHARED COMMON ELEMENT AREA OWNER AREA OC LIMITED COMMON ELEMENT AREA TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 0 Sf UNIT 2 TOWN OF CARRBORO SPACE 0 sf SHARED COMMON ELEMENT AREA 10,371.11 sf Drakeford Library Complex Condominium Project -- Level P3 Scale: 1/16"=V-0" page 4 of 7 OC LIMITED COMMON ELEMENT AREA 7,074.16 sf TOC LIMITED COMMON ELEMENT AREA 0 Sf 203 South Greensboro Street Carrboro, NC 27510 TOTAL GSF LEVEL P3 17,445.27 sf NOTARY FOR YOUR SIGNATURE 95 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN L' AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY ACKNOWLEDGING TO ME THAT HE OR �. SHE VO LU NTARI LY SI GNFED THE OREGOING DOCUMENT FOR I � � THE PURPOSE STATED THEREIN AND IN THE CAPACITY n� \\. � INDICATED: \ \ 0 CID - __ r DATE: J� NOTARY PUBLIC MY COMMISSION EXPIRES: 00000 �,� - of Co veKnw o �. I,THE UNDERSIGNED ARCHITECT,BEING LICENSED UNDER THE PROVISION OF CHAPTER 83A OF THE GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING IS ACCURATE AND COMPLIES WITH LOCAL BUILDING eixeaA�K CODES AND CONTAINS ALL THE INFORMATION REQUIRED BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, THE LAYOUT,LOCATION,CEILING,AND FLOOR ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE UNITS AS BUILT,AND THE SAME HAVE BEEN SUBSTANTIALLY COMPLETED. DATE PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA; RICHARD GURLITZ AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. CAR SN p�� HATCH LEGEND I Q' LST I?� 9 Building Summary-All Levels UNIT i ORANGE COUNTYSPACE * REG.No. UNIT 1 ORANGE COUNTY 3874 OWNER AREA UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE P/C 4RCHIT UNIT 1 ORANGE COUNTY SPACE 19,581.14 sf ygRD GVR� UNIT 2 TOWN OF CARRBORO SPACE 16,946.37 sf (See Hatch Legend) SHARED COMMON ELEMENT AREA SEE DECLARATION OF CONDOMINIUM RECORDED ON SHARED COMMON ELEMENT AREA 66,952.70 sf OC LIMITED COMMON ELEMENT AREA ,2025 IN BOOK ,PAGE OC LIMITED COMMON ELEMENT AREA 14,123.31 sf ORANGE COUNTY REGISTRY,AS AMENDED,THE UNITS ARE TOC LIMITED COMMON ELEMENT AREA SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES TOC LIMITED COMMON ELEMENT AREA 6,861.69 sf IN ACCORDANCE WITH SAID DECLARATION AND THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. TOTAL GSF 124,465.21 sf Space Summary-Level P4 OWNER AREA UNIT 1 ORANGE COUNTY SPACE 0 sf UNIT 2 TOWN OF CARRBORO SPACE 0 sf SHARED COMMON ELEMENT AREA 14,927.47 sf Drakeford Library Complex Condominium Project -- Level P4 Scale: 1/16"=1'-0" page5of7 OC LIMITED COMMON ELEMENT AREA 761.75 sf TOC LIMITED COMMON ELEMENT AREA 609.00 sf 203 South Greensboro Street Carrboro, NC 27510 TOTAL GSF LEVEL P4 16,298.22 sf NOTARY FOR YOUR SIGNATURE 96 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR 1 2 3 4 sexcerEwKcwux a,eseo P1 anucesaxPu� P2 cis w�,x. P3 SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR 00311 carvIIINII ONr� Psw.ur THE PURPOSE STATED THEREIN AND IN THE CAPACITY INDICATED: uunsss>wa<v sNuceswraPaau s,n, -1 E. IP4111 DATE: n�oxcsr! q semazsscxcsr cxw eusawawr�rezi�cumrurvwxuasseuazr .. — "scsre _ NOTARY PUBLIC r s MY COMMISSION EXPIRES 1� IM—MY `1�°4YY I,THE UNDERSIGNED ARCHITECT,BEING LICENSED SITUNDER THE PROVISION OF CHAPTER 83A OF THE GENERALSTATUE HEREBY CERTIFY THAT THIS DRAWING scceeuseoxosr r.s�. rte.,... rs�n.saxeFxuncnssaaa<r c°ncxe,e usexesr con 0 MnP en.. IS ACCURATE AND COMPLIES WITH LOCAL BUILDING a"�sroxE�ax,xsssMscr CODES AND CONTAINS ALL THE INFORMATION REQUIRED � BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, ' I South Elevation THE LAYOUT,LOCATION,CEILING,AND FLOOR ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE Scale.Vis"=V-0" UNITS AS BUILT,AND THE SAME HAVE BEEN T SUBSTANTIALLY COMPLETED. 7 7 7 DATE I I I I I sec�PM�I sxoKvex°ecxsseMar I s¢ros*sanno s: awmxwnunssnaazr RICHARD GURLITZ xesw x�ar CARO d 1ST I? Z.y9 Y REG.No. _ �s�.$ * 3874 za' �Cy RCHIT qRD GVR SEE DECLARATION OF CONDOMINIUM RECORDED ON ° 2025 IN BOOK ,PAGE ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES IN ACCORDANCE WITH SAID DECLARATION AND — — v THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. sixcacnaP - mmucn.wuisooxaFruwH ie.iex acx.0•rnux yr s.waeFxorv.nssemesr ncuacswac cu<nsr srwrv�sssnsiuiim umusEMee. s.ni.aEsssres«s.,sx sraiusssi �iiEx coxccns ' I West Elevation Scale'.1/16"=1'-0" Drakeford Library Complex Condominium Project -- Exterior Elevations Scale: 1/16°= V-0° page 6 of 7 203 South Greensboro Street Carrboro, NC 27510 NOTARY FOR YOUR SIGNATURE 97 NORTH CAROLINA COUNTY OF I, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR n SHEVOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR Y THE PURPOSE STATED THEREIN AND IN THE CAPACITY = xx xx xxx xx x x x xx x: INDICATED: �wnuns savana 1.5 1.3 .. ns scnsEx eRCKUExE-a,ras� QQ DATE: _ �wnwesaxaAsn� e NOTARY PUBLIC MY COMMISSION EXPIRES. s STMFROW Ly — — ��.��... e v I,THE UNDERSIGNED ARCHITECT,BEING LICENSED 1A11 NNII 11PL ° - UNDER THE PROVISION OF CHAPTER 83A OF THE $�vs `�sEE res oawww ea�cxvennnme ew.siucxs nwnssEmwr cumun—r &� scneenseoao sr GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING IS ACCURATE AND COMPLIES WITH LOCAL BUILDING srons�nonrxsse�mr CODES AND CONTAINS ALL THE INFORMATION REQUIRED BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109, 11 North Elevation THE LAYOUT,LOCATION,CEILING,AND FLOOR ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE Scale.fns-1 0" UNITS AS BUILT,AND THE SAME HAVE BEEN SUBSTANTIALLY COMPLETED. PF PE PD, a IPC e e P8 �ruru�sovauwnr PA DATE bz'-e' concn�re vexcce a.an,cxwm cw+c�wuiw,m nuseeo ee o.wisx nnie RICHARD GURLITZ f �tN CARO O REG.No. * 3874 HIT SEE DECLARATION OF O CONDOMINIUM RECORDED ON 2025 IN BOOK ,PAGE - — — — — — — — ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES -I_--- _--- -----_ IN ACCORDANCE WITH SAID DECLARATION AND THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY. I nfxm — aosEAsox s, uwc concx�nsss�eecv ' I East Elevation Scale'. 1/16"=1'-0" Drakeford Library Complex Condominium Project -- Exterior Elevations Scale: 1/16°=V-0° page 7 of 7 203 South Greensboro Street Carrboro,NC 27510 98 PRELIMINARY PLAT— NOT FOR RECORDATION, CONVEYANCES .»E°.x "1w —° .^»°.z.,- w . b OR SALES 1i°:"`4%3Z0ate".az=rom= Roberson Street I y�% I NN ® eo 203 S. Greensboro St. m 40,805.1 S9.FL 0.937 Acres 11 _ 5 _« IL ww ft ^° ,» .� 6 _•----- treat " — Drakeford Library Complex \gd 8-4— •—°_g—$ E Braxton Street ———__——_ Condominium Project m Foushee J (40'Public R/W) o w, Town(Property of F.K.A.E. Street ————1 Town f Carrboro&Orange County) Foushee Street _ �"9 X�VT cPROPERTY ADDRE55:203 S.GREENSBORO STREET %°(rwcr PIN REFERENCE:9778-85-7942 LEGAL DESC NE INT GREENSBORO h CARR ST »ozmr wuz"vowm DEED REFERENCES:5582-486;6664-964; p 6864-965(MERGE) nm..poOo k ¢ I L PL4T REFERENCES:94-24;128-92 vwu»x c�srs OWNERSADDRESSES: Moi CHAPEL NIu TOWNS- - NORNGE GO— NORTH CAROLIAROU NA -- 4µ® „ p w p11..21 w dFREEHOLD LAND SURVEYS, INC. c—lee N N.».S 9N .a°,E,0 L uN°,°..°» ,23796 - 99 OR- -A-NGE COUNTY NORTH CAR(3LINA Drakeford Library Complex Condominium Documents: Differences between the version presented on July 8,, 2025,, and the current version 1 -20-2026 TIMELINE FOR THE APPROVAL OF THE CONDOMINIUM DOCUMENTS • July 8t" - Condominium documents and MOU were presented to the Board for comment • Fall 2025 — The Town of Carrboro and Orange County worked to update the documents based on comments by the Orange County Board • January 20t", 2026 — Orange County Board to review and approve the Condominium Documents • Feb 2026 — Carrboro Board will approve condominium documents • Spring 2026 — Town and County staff will update and present to the County Board and Town Council the updated Memorandum of Understanding ORANGE COUNTY NORTH CAROLINA RELATIONSHIP BETWEEN THE CONDOMINIUM AGREEMENT°AND MEMORANDUM OF UNDERSTANDING • The condominium agreement establishes the legal basis for the joint ownership of the property. Once approved by both jurisdictions, it will be recorded as part of the official record. There will be little need to change this document going forward. • The Memorandum of Understanding ("MOU") establishes the principles for the joint operation of the facility outside of those stipulated in the condominium agreement. Both jurisdictions approve the MOU , which may be amended as needed and re-approved by both jurisdictions. ORANGE COUNTY NORTH CAROLINA UPDATES TO THE CONDOMINIUM DOCUMENTS 102 • Explicitly recognized the MOU and outlines the purpose of the MOU , including further defining and delineating the roles and responsibilities of the parties operating the Condominium . • Allows for disputes not resolved by the association to go through a mediation process • Establishes that if either party charges for parking , the parties shall establish rules and regulations, which must be approved by the Executive Board , and any rules and regulations shall be documented in the MOU . It also specified that at no time will there be a charge for parking for designated Library patrons. . ORANGE COUNTY NORTH CAROLINA UPDATES TO THE CONDOMINIUM DOCUMENTS 103 • Details the provision of custodial and security services and outlines that further details for their operation will be provided in the MOU • Details that the condominium will be available as an election • The Executive Board will be made up of 4 members, up from 2 . The 4 members should be the Town Manager and County Manager, and a designee appointed by each manager. ORANGE COUNTY NORTH CAROLINA UPDATES TO THE CONDOMINIUM DOCUMENTS 104 • Outlines the appointment of an interim member to the Executive Board given the death , resignation , or removal of a Town or County Manager • Establishment of the Drakeford Facility Operations Committee to be detailed in the MOU . ORANGE COUNTY NORTH CAROLINA