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4 <br /> RES-2022-039 Attachment 2 <br /> Resolution Authorizing Upset Bid Process for .12 acre plot, GIS Pin#9779088513, <br /> Chapel Hill, NC <br /> WHEREAS, Orange County owns certain property, .12 acres of land and located at GIS Pin # <br /> 9779088613, Chapel Hill, NC.; and <br /> WHEREAS, North Carolina General Statue 160A-269 permits the County to sell property by upset <br /> bid, after receipt of an offer for the property: and <br /> WHEREAS, Orange County has received an offer to purchase the property described above, in <br /> the amount of$500 submitted by Ms. Catherine Gihlstorf, owner of adjacent property located at <br /> 8701 Drew Lane, Chapel Hill, NC, and Mr. Timothy Gallagher;: and <br /> WHEREAS Ms. Catherine Gihlstorf has paid the required five percent (5%) deposit on its offer; <br /> THEREFORE, we,the Orange County Board of County Commissioners resolve that: <br /> 1. The Orange County Board of County Commissioners authorizes the sale of the property <br /> described above through the upset bid procedure of North Carolina General Statute <br /> 160A-269. <br /> 2. The Orange County Purchasing Agent shall cause a notice of the proposed sale to be <br /> published. The notice shall describe the property and the amount of the offer, and shall <br /> state the terms under which the offer may be upset. <br /> 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with <br /> their offer to the office of the Purchasing Agent, located at 405 Meadowlands Drive, <br /> Hillsborough, NC, within 10 days after the notice of sale is published. At the conclusion <br /> of the ten day period, the Purchasing Agent shall open the bids, if any, and the highest <br /> such bid will become the new offer. If there is more than one bid in the highest amount, <br /> the first such bid received will become the new offer. <br /> 4. If a qualifying higher bid is received,the Purchasing Agent shall cause a new notice of the <br /> upset bid to be published, and shall continue to do so until a 10—day period has passed <br /> without any qualifying upset bids having been received. At that time,the amount of the <br /> final high bid shall be reported to the Orange County Board of County Commissioners. <br /> 5. A qualifying higher bid is one that raises the existing offer by not less than ten percent <br /> (10%) of the first$1,000 of that offer and five percent (5%)of the remainder of that offer. <br /> 6. A qualifying higher bid must also be accompanied by a deposit in the amount of five <br /> percent (5%) of the bid; the deposit may be made in cash, cashier's check, or certified <br /> check. The County will return the deposit on any bid not accepted, and will return the <br />