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HomeMy WebLinkAbout2011-329 AMS - Chapel Hill Appraisals & Consultants -2nd amendment for Central Efland, N. Buckhorn Sewer Ext Project CHAPEL HILL APPRAISALS&CONSULTANTS PO Box 33037 Raleigh,NC 27636 (919)932-9908 (919)308-7000 October 4,2011 Mr.Kevin Lindley,PE Staff Engineer Orange County Planning&Inspections Department 131 West Margaret Lane,Suite 201 Hillsborough,NC 27278 klindley@co.orange.iie.us (919)245-2583 Re: 2nd AMENDMENT TO THE"SERVICE AGREEMENT" WHOSE EFFECTIVE DATE WAS JULY 26, 2011, AND THE SUBSEQUENT "LETTER OF ENGAGEMENT" BETWEEN CHAPEL HILL APPRAISALS AND CONSULTANTS (PROVIDER), AND ORANGE COUNTY (A BODY POLITIC AND CORPORATE OF THE STATE OF NORTH CAROLINA). Dear Mr.Lindley, Per paragraph nine (9)of the referenced Service Agreement, the following is the 2nd Amendment to that Service Agreement and Engagement Letter, and herein are the understood and agreed changes in the Basic Service, entitlement of additional compensation,and a change in the duration of the Agreement as described herein. Chapel Hill Appraisals& Consultants shall provide an appraisal of the opinion of the Market Value(Before the Talon and the Market Value(After the Takine)by Orange County for the six(6)additional properties identified in attached Exhibit of this Amendment,and as generally referenced as the Central Efland&North Buckhorn Sewer Extension projects(dated 08/10/2011).NC G.S.Chapter 40A(Eminent Domain)will be followed when developing opinions of value.Our opinion of the"Diminution-in-Value"(if any)shall be as described in GS Chapter 40A-64. "Before Value"will be based on the existing use of each property.The appraiser will consider the Highest and Best Use of each property before the taking in order to develop an opinion of market value. "After Value"or Remainder Market Value will be based on the Highest and Best Use of each property after the taking.The opinion of market value for the Remainder will consider the impact of the taking,to each property. Scope of the appraisal report is to set forth the opinion of the Market Value Before the taking and the Market Value After the taking by Orange County for the above referenced properties. The process will involve the collecting and analyzing of pertinent data, considering market trends, developing an opinion of each of the properties before and after Market Value and reporting the findings in a written report. At inspection the characteristics and features of each property will be noted. In addition, research and analysis of information regarding each properties neighborhood,competitive market,and historical data will be completed. The following is a summary of the assignment activities involved,but are not limited to: • Each property will be inspected,to observe,note and photograph site features and the improvements thereon(if any)including exterior building measurements,as necessary. • Public Records will be researched to compile and confirm information necessary to properly identify and describe each property,its ownership,history,tax status and the affect from any relevant recorded documents. • Zoning Regulations will be researched to confirm legal uses of each property's neighborhood,its competitive market,trends and factors related to each properties highest and best use, • Market Sales Data will be researched and analyzed of similar(or as similar as possible or available)for closed sales of comparable properties,both within the defined neighborhood(if any)and within the expanded market area(as needed)to develop credible reports. - - EXHIBIT Additional work-2nd AMMENDNIENT to Original Engagement Letter INDEX PIN Name Tax Area Area Report Due Date # Value SFl IALCI F06 9854080094 Forrest Resources $44,626 79,029 1.81 Full Report 11/1/2011 E10 9854091617 Forrest,Joseph T. $21,631 39,518 0.91 Full Report 11/1/2011 K01 9854191872 Graham,Aubrey $68,222 279,489 6.42 Full Report 11/1/2011 Daniel Jr. n/a 9834385767 Cousin,Wiley L., $17,558 23,425 0.54 Full Report 11/1/2011 et al K03 9854195489 John Smith $28,341 53,901 1.24 Transmittal 11/1/2011 Ltr D01 9844887342 A.B.Lloyd,Jr. $18,700 42,428 0.97 Full Report 11/1/2011 It is hereby understood and agreed by all parties that in completing this appraisal assignment that collaboration with certain other appraisal peers is anticipated,understood and agreed as a component of completing this assignment. It is hereby agreed that Orange County will be invoiced simultaneously upon delivery of the Appraisals which shall be delivered on or before 5 PM, Tuesday November 1, 2011. Any additional time incurred by our requested or required attendance to any Orange County meetings/hearings and/or court proceedings related to this assignment will be invoiced separately as described below. The fee for providing Appraisals on these additional properties is $16,200.00. Terms are net at billing, 1.5%per month late fee thereafter. It must be noted that this fee does not include any court testimony or expert witness testimony for deposition.That will incur an additional fee at a rate of $150.00 per hour, which includes any preparation time, travel time, deposition time, court preparation, any governmental related appearances, and waiting time related to any of the above. If for any reason an opposing side subpoenas us for any testimony/depositions, etc, Orange County will be ultimately responsibility for payment to us as a witness, regardless if as an expert witness or a fact witness at the above billing rate. Intended Use and Users (as generally defined in the Uniform Standards of Professional Appraisal Practice — USPAP)are as follows:Intended Use is to provide Orange County with Appraisals on each property describing the Market Value(Before the Takinpl and the Market Value(After the Taking)by Orange County for the properties identified in the attached Exhibit and as generally referenced as the Central Efland & North Buckhorn Sewer Extension projects while observing G.S. Chapter 40A. The Intended User shall be exclusively limited to Orange County, its employees, third party consultants and staff for the purpose of negotiating appropriate easements (including potential value loss,if any)for the eventual construction of a public sewer line per the provided drawings. The Intended User does not include any member of the General Public or other third party or entity. It is mutually understood that the developed opinions of value(as described herein) might be obtained through a Public Records request and that if such a request is made of Orange County, its employees, staff or third party consultants then the requesting party shall be fully identified to Chapel Hill Appraisals as quickly as is practical, including name and complete contact information. I have not performed any services regarding these properties(other than providing a general opinion of the value ranges of properties in the general vicinity of these sewer extension projects,including previous consulting on one or more of the properties identified in the attached Exhibit) within the immediate prior three years of this_____..___ assignment,as an appraiser or in any other capacity. Delivery of the Appraisals will be as a PDF by e-mail to klindleyc @co.oranee.nc.us as agreed. It is hereby understood and agreed that Frank Clifton, as County Manager (or his designee) is the representative responsible to the execution of this Amendment on behalf of Orange County, and the signature below is acknowledgement and acceptance of the all the terms and conditions described herein. Sincerely, Everett V.Knight Everett.Kniaht riBarthlink.net Chapel Hill Appraisals&Consultants NC Certified Residential/General Appraiser(A7275) ACCEPTED Y: Mr.F an ifto Date Orange County Manager South Cameron Street Hillsborough,NC 27278 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act �, t.w 103111 °� ORANGE COUNTY-CONTRACT CONTROL SHEET Routing Order: (1)Department,(2)IT,(3)Risk Management,(4)Financial Services,(5)Attorney,(6)Manager,(7)Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through,and complete,the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Chapel Hill Appraisals&Consultants Party/Vendor Contact Person: Vic Knight Contact Phone:919-932-9908 Party/Vendor Address:PO Box 33037 City Raleigh State:NC Zip:27636 Department:AMS/Planning Amount:$16,200 Purpose:2d Amendment Appraisal for Central Efland&North Buckhom Sewer Ext Project Budget Code(s):61370035-870000-30017 Vendor# 56803 (N/A if new vendor) Vendor is a BOCC consultant? Yes❑No❑ Contract Type:(Check one)New❑ Renewal❑ Amendment ® Effective Date 10/04/2011 Approved by Board Yes❑No❑ Agenda Date: Title of Contract:2nd Amendment to the"Service Agreement"whose effective date was July 26,2011,and the subsequent"Letter of Engagement"between Chapel Hill Appraisals and Consultants(Provider),and Orange County(a body politic and corporate of The State of North Carolina). If this is a Grant Agreement,pre-application has been approved by the Board of Commissioners Yes❑No[]. If submitted for bid were bids/RFPs received Yes❑No❑ Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: Date: IT Director (Applicable only to hardwarelsoftware purchases or related services)This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; ©'OR No Insurance Required ❑. Hold Contract pending receipt of Certificate of Insurance ❑. With incorporation of Insurance provisions as shown,this contract is approved by the Risk Manager: Risk Manager's Signature: Date: /I Financial Services This Contract is conditioned upon appropriation by the Board of Commissioners Yes❑NoVs. A budget amendment is necessary before approval Yes❑No[A. If budget amendment is necessary,please attach to this form. instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control fAcct:� t Financial Services Director's Signature: Ck-c� �. �G/"""— Date: County Attorney Approval by Board ❑ (Contracts over $90,000.00 for goods or services, $250,000.00 for construction, or any BOCC consultant contract). Approval by Manager® (All other contracts). This contract has been reviewed and approved by the Attorney as to legal form and sufficiency: Attorney's Signature Date: County Manager This contract has been reviewed and is approved by the County Manager Yes❑No❑. This contract has been reviewed and is to be submitted for BOCC consideration Yes❑No❑. Manager's Signature: Date: Clerk to the Board Approved by BOCC on the_day of ,20_. Submitted for Chair signature on the_day of 20 Clerk's Signature: Date: Revised April 2010