Charlotte-Mecklenburg Historic  Commission

 
 
Charlotte-Mecklenburg
HISTORIC LANDMARKS COMMISSION
November 14, 2016
Location: 2100 Randolph Road, Charlotte, N. C.
Closed Session


Present:

Ms. Joy E. Bunch/ Mayor
Mr. Larken Egleston/City/HLC Secretary/Survey Com. Chair
Mr. Joe Elliott/City/ HLC Treasurer
Ms. Penny Higdon/ County 
Ms. Laura Hoover/County
​Mr. Mark H. Miller/County
Mr. Len Norman/City, HLC Chair
Mr. Jeffrey Parsons/ Mayor 
Mr. Kenneth Pursley/ County, Design Review Com. Chair
Mr. John Shurley, County, HLC Vice-Chair/Projects Com. Chair
Dr. Dan L. Morrill, HLC Consulting Director
Mr. Stewart Gray, HLC Preservation Planner
Mr. Peter Wasmer, Projects Manager
Ms. Mary Lynn Morrill, HLC Recording Consultant
Ms. Mary Dominick, HLC Administrative Assistant
Mr. Sandy Carnegie, HLC Attorney (by telephone)


Absent:

Mr. Nathan Clark County

Visitors:

Mr. Ted Alexander, Preservation Norther Carolina (present for the discussion of the Barnhardt House only.)

A.  Prospective Purchase of the Charles E. Barnhardt House, 2733 Country Club Lane, Charlotte, N.C.

MR. PARSONS PRESENTED A MOTION SECONDED BY MR. EGLESTON THAT THE HISTORIC LANDMARKS COMMISSION CONVENE IN CLOSED SESSION TO CONSIDER MATTERS ASSOCIATED WITH THE PROPOSED ACQUISTION OF REAL ESTATE.  THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

THE PROJECTS COMMITTEE PRESENTED A SECONDED MOTION THAT THE HISTORIC LANDMARKS COMMISSION APPROVE AN OFFER TO PURCHASE THE CHARLES E. BARNHARDT HOUSE, 2733 COUNTRY CLUB LANE, CHARLOTTE, N.C. SUBJECT TO THE PROVISIONS SET FORTH BELOW.

MR. MILLER PRESENTED A MOTION SECONDED BY MR. EGLESTON THAT THE COMMISSION AUTHORIZE THE PROJECTS COMMITTEE AND HLC STAFF TO NEGOTIATE FINAL CLOSING TERMS, IF NECESSARY.  THE COMMISSION UNANIMOUSLY APPROVED THE MOTION AS AMENDED.

1.         That the Projects Committee recommend to the full Commission the purchase of the property known as the Barnhardt Cramer House located at 2733 Country Club Lane, Charlotte, NC upon the following terms and conditions:
            a.         The Purchase Price shall be $975,000.00.
            b.         Earnest money of $10,000.00.
            c.         Due Diligence Period of 60 days to run from the date of the last signature to the contract and two (2) additional 30 days due diligence extensions can be obtained for an additional payments of $5,000.00 each extension to the Earnest Money deposit.
            d.         If the contract is terminated during the due diligence period, all funds shall be returned to HLC and contract null and void.
            e.         If the contract is not terminated by HLC during the due diligence period, the HLC shall pay an additional sum of $25,000.00 to the Earnest Money. All Earnest Money will be applied to the Purchase Price at closing.
            f.          In the event the HLC decides not to close on the property after the due diligence period, the Earnest Money paid will be liquidated damages paid to Seller with no further recourse against HLC. Total Earnest Money at this point would be $35,000.00 (plus any extension Earnest Money).
            g.         Notwithstanding the due diligence period the closing on the property is contingent upon the following:
                                    i.          Designation of property as a Historic Landmark; and,
                                    ii.         Funds being recognized by the County; and,
                                    iii.        Plat approval at recordation with the County; and,
                                    iv.        Survey being obtained after plat recordation; and,
                                    v.         Review of Restrictions and Covenants to insure the integrity of the HLC                                                         purpose and authority through its Historic Preservation Agreement
                                                and Restrictions (Including Right of First Refusal and Option Rights).
                        If any of these contingencies are not satisfied by closing, HLC shall have the right to  terminate the contract and receive back its Earnest Money.


B.  Prospective Purchase of the Morgan School, 501 South Torrence Street, Charlotte, N.C.

Mr. Mark Miller explained that he had a conflict of interest or a perceived conflict of interest because of his professional relationship with a party who might be interested in submitting an offer to purchase the Morgan School.  He therefore requested that he be permitted to recuse himself from all voting or discussion of the Morgan School.

MS. HOOVER PRESENTED A MOTION SECONDED BY MR. ELGESTON THAT THE HISTORIC LANDMARKS COMMISSION APPROVE MR. MILLER'S RECUSING HIMSELF FROM ALL DISCUSSION OR VOTES REGARDING THE MORGAN SCHOOL.  THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.

Mr. Miller left the room following the approval of the motion.

MR. SHURLEY PRESENTED A MOTION SECONDED BY MR. PARSONS THAT THE HISTORIC LANDMARKS COMMISSION SUBMIT AN OFFER TO PURCHASE THE MORGAN SCHOOL, 500 SOUTH TORRENCE STREET, CHARLOTTE, N.C., FOR 1.5 MILLION DOLLARS AND THAT THE COMMISSION PERFORM THE DUE DILIGENCE PROCEDURES ESTABLISHED BY MECKLENBURG COUNTY FOR REAL ESTATE TRANSACTIONS.  THE COMMISSION UNANIMOUSLY APPROVED THE MOTION. 


MR. EGLESTON PRESENTED A MOTION SECONDED BY MR. PARSONS THAT THE HISTORIC LANDMARKS COMMISSION RECONVENE IN OPEN SESSION.  THE COMMISSION UNANIMOUSLY APPROVED THE MOTION.