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r <br /> RES - 2023 - 026 4 t b � � A / Attachment 3 <br /> Resolution Authorizing Upset Bid Process for 0 . 45 Acre Plot, PIN #0900832203, <br /> Hillsborough , NC <br /> WHEREAS, Orange County owns certain property, 0 . 45 acres of land located at PIN # 0900832203 , <br /> Hillsborough , 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 $ 1, 500 submitted by Bonnie Gates on the behalf of herself and the other heirs of <br /> George Melvin Miller; and <br /> WHEREAS Ms . Gates has paid the required five percent ( 5 % ) deposit on her 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 Orange County Purchasing Agent, West Campus Office Building, 131 <br /> West Margaret Lane, Hillsborough , NC, within 10 days after the notice of sale is <br /> published . At the conclusion of the ten day period , the Purchasing Agent shall open the <br /> bids, if any, and the highest bid will become the new offer . If there is more than one bid <br /> in the highest amount, the first 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 bids 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 />