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Agenda - 03-12-2013 - Agenda
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Agenda - 03-12-2013 - Agenda
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5/9/2013 4:12:17 PM
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BOCC
Date
3/12/2013
Meeting Type
Work Session
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Agenda
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Minutes 03-12-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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2 <br /> NoRTHEx BLuE, L.L.P <br /> A LIMITED'LIABILITY PAIRTN'.F.RSHIP <br /> ATT0RXFYS AT LAw <br /> THE EXCHANGE AT MEAOOWMONT <br /> 1-414 RALEIGH ROAD <br /> JOHN A, NQRTHEN SUITE 435 MAILING ADDRESS: <br /> J,WILLIAM BLUE,JR. CRAI-11.1, HILL,NORTH C AROLINA 27517 P.0. BOX 2208 <br /> DAVID M.ROOKS CHAPEL HILL,NC P7515-2208 <br /> CHARLES H.THIBAUT <br /> CAROL J. HOLCOMB TELEPHONE:(910)968-4441 j <br /> VICKI L.PARROTT TELEFAX(919) 942-6603 <br /> EMILY C.WEATHERFORD <br /> STEPHANIE OSBORNE-RODGERS <br /> SAMANTHA HYATT CABE February 1,2013 <br /> Mr.Robert Dowling <br /> Community Home Trust <br /> P.O.Box 307 <br /> Carrboro,NC 27510 <br /> Re.- Greenbridge HVA C Claims <br /> Dear-Robert'. <br /> You asked me to look into potential remedies Community Home'.Frust("CHT") <br /> , . <br /> might have for the failing or potentially failing FIVAC systems serving in dividual CHT <br /> units in Greenbridge. <br /> The first purchaser of any new residence may look to the seller on warranty I <br /> claims for up to six years after the purchase depending on whether the warranty was <br /> express or implied and if express,for how long. Greenbridge Developments,LLC <br /> with years the <br /> included an express warranty in its contract CHT rum ng for up to six ye s that <br /> units had been constructed in"a good and workmanlike manner according to sound <br /> engineering;and construction standards,free from defective materials,so as to meet the <br /> standard of workmanlike quality prevailing.in Orange County,North Carolina." This <br /> obligation runs solely between.Greenbridge Developments and CHT, SMA Greenbridge <br /> Owner,LLC,the foreclosure salepurchaser of the unsold units in the development,has <br /> no obligation to honor the Greenbridge Developments' warranty obligations to CHT or <br /> any of the other purchasers. <br /> CHT's valid warranty claim against Greenbridge Developments has value,only to <br /> the extent Greenbridge Developments has assets left. Greenbridge Development has not <br /> Bled bankruptcy in either the Middle or Eastern Districts.of North Carolina but it has <br /> filed articles of dissolution with the Secretary of State.I do not find where Greenbridge <br /> Development owns any real estate in Orange County after the foreclosure and I could not <br /> find any record that it owned non-real estate assets. This would be consistent with the <br /> practice in the real estate development community of forming single purpose entities to <br /> own and develop specific projects. <br /> ........... ............. <br />
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