HomeMy WebLinkAbout2014-167 DEAPR - Kennon Carver for Legal Services researching title of Compton property $3.500 KENNON
William A Anderson,III
Gwendolyn C Brooks pile
Joel MGnig
G Rhodes Craver ATTORNEYS AT LAW
James R Ezrtbom
Brian M Ferrell
William Tlluuhins,jr
Benjamin B Ingold
Katherine L McKee
Henry IV Sappenfreld
Leigb P Vancil
A William Kennon, Of Counsel
February 18, 2014
Mr. Rich Shaw
Orange County, North Carolina ERCD
P.O. Box 8181
Hillsborough,North Carolina 27278
RE: Engagement For Legal Services: Title Work associated with Orange County's
Potential Purchase of Property From Dwight& Betty Compton
Dear Rich:
Thank you for contacting me regarding Orange County's need for title work in the above
referenced matter. I am pleased to assist the County with the title work described below. If
agreeable to the County, this letter establishes the terms of our engagement.
Title Search &Title Insurance
I will a title "update search" on the approximately 55 acres of land that the Compton's
own in Cedar Grove Township (the "Property"). I understand that the Compton's are k
considering selling this land to the County. As we discussed, our title update search will begin
on the date of the last title insurance policy procured by the Compton's, which was in 2004. We
will not search the public records prior to 2004 and the County will be relying on the existing
title insurance policy to identify title defects prior to 2004. We have recommended the County
consider a "full search" of no less than 30 years of the public records. However, given the
relatively complicated status of the existing title (i.e. land passed down through multiple
generations and subdivided a number of times) and the estimated cost of a full title search, the
County has requested we provide the limited update title search described herein. The update
search will still require extensive work due to the number of"less and except"tracts contained in
the existing title insurance policy legal description and the number of conveyances associated
with the current owners.
1
9011 university drive,Suite 300,durham, ne 27707 • post office box 51579,durham,ne 2 771 7-15 79
TELEPHONE 9199900500 FAX919 990 087 3 • wivrakennoncraver.com
Please be aware that matters of zoning and environmental hazards are not included
in a standard title search. Please notify me immediately if you require additional
information or assistance concerning these two issues. Zoning laws affect setback and use
requirements to name a few. Environmental hazards include, but are not limited to,the existence
of radon gas, lead-based paint, underground storage tanks and asbestos. We recommend the
County procure a new survey should it decide to accept the Property since the survey could
reveal encumbrances and other matters that will not be identified in our title search.
Closing
We have not been asked to provide any closing services related to this transaction.
Legal Fees & Expenses
My fees for performing the legal work outlined herein are as follows: (1) $85.00 dollars
per hour for the services of my firm's real estate paralegal who will collect the necessary
documents from the office of the Register of Deeds and otherwise assist me with this matter; and
(2) $235.00 per hour for all work I perform. The maximum fees due under this agreement will
not exceed $3,500.00.
Please note that costs of survey, environmental reports, insurance premiums, tax stamps, 1
recording fees,and other costs are NOT included in the legal fee quoted above. Any and all such
costs incurred during this engagement will be billed to the County. In the event the County
requires representation prior to closing or additional legal work not referenced in this letter i
becomes necessary (such as work associated with clearing any title defects), then I will perform
such work at the County's specific request under an amendment to this agreement at our normal
hourly rates
I will begin work on this transaction as soon as I received an executed copy of this letter
agreement from the County. Please understand that I must charge for all work performed even if
this transaction fails for any reason. k
Please do not hesitate to contact me with any questions or concerns regarding this letter.
I look forward to working with you both on this transaction on beh of the County.
Sincerely, `
7 '
Ferrell
FO HE FIRM
kennon Aver,pllc
4011 urrivertity drive.tuite 300,drn'bmn,nr 2770' port office bo.v 51.5 79,dirrhanr,ne 2-:1.=4579
TELEPHONE 9194900500,FAX 919 490 0873 towu..krunonerarrr.eont
Engagement Letter Signature Pag e
The legal services en g me tdecrbe herein 6 understood a d agreed to:
Orange Co mx § i a
'By: .
i a al , nt m ount Manager
Date
This instrument has been pre-audited in the manner required by the Local Government Bu t
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Orange Count Finance Director
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PRODUCER COMPENSATION NOTICE
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INFORMATION PAGE (Continued) Policy Number: 22 WBC KK9485
3.A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the+1
states listed here:NC (SP0 ) .
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B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A.
The limits of our liability under Part Two are:
Bodily injury by Accident $500,000 each accident
Bodily injury by Disease $500,000 policy limit
Bodily injury by Disease $500,000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
ALL STATES EXCEPT ND, OH, WA, WY, AND
STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE.
D. This policy includes these endorsements and schedule:
WC 00 03 10 WC 00 04 04 WC 00 04 12 WC 00 04 21C WC 00 04 22A
WC 99 03 02B WC 00 04 14 WC 00 04 19 WC 32 03 01B WC 99 02 77
4. The premium for this policy wilt be determined by our Manuals of Rules, Classifications,Rates and Rating
Plans. All information required below is subject to verification and change by audit.
Premium Basis
Classifications Total Estimated Rates Per Estimated
Code Number and Annual $100 of Annual
Description Remuneration Remuneration Premium
8820 1,027,800 .26 2,672
ATTORNEY - ALL EMPLO'Y'EES & CLERICAL,
MESSENGERS, DRIVII2S -
INCREASED LIMITS PART TWO (9807) .80 PERCENT 21
TO EQUAL INCREASED LIMITS MINIMUM PREMIUM (9848) 54
TOTAL PREMIUM SUBJECT TO EXPERIENCE MODIFICATION 2,747
NC - INTRA EXPERIENCE MODIFICATION 326075114 (CONTINGENT) .990
PREMIUM ADJUSTED BY APPLICATION OF EXPERIENCE MODIFICATION 2,720
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 2,720
EXPENSE CONSTANT (0900) 250
TERRORISM' (9740) 1,027,800 .020 206
CATASTROPHE (9741) 1,027,800 .020 206
TOTAL ESTIMATED ANNUAL PREMIUM 3,362
Total Estimated Annual Premium: $3,382
Deposit Premium:
Policy Minimum Premium: $373 NC (INCLUDES INCREASED LIMIT MIN. PREM.)
Interstatelintrastate Identification Number: / 326075114
NAICS:
Labor Contractors Policy Number: SIC: 8111
UIN:
NO. OF EMP: 000021
Form WC.00 00 01 A (1) Printed in U.S.A. Page 2
Process Date: 03/09/13 Policy Expiration Date: 05/05/14
SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 22 SBA BD1767
BUSINESS LIABILITY LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES $1,000,000
MEDICAL EXPENSES -ANY ONE PERSON $ 10,000
PERSONAL AND ADVERTISING INJURY $1,000,000
DAMAGES TO PREMISES RENTED TO YOU $ 300,000
ANY ONE PREMISES
m AGGREGATE LIMITS
c PRODUCTS-COMPLETED OPERATIONS $2,000,000
GENERAL AGGREGATE $2,000,000
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n NUSINZSS LIABILITY OPTIONAL
A COVF&RdzS
N BIKED/NON-0WMW AUTO LIABILITY $1,000,000
N FORM: SS 04 31B
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° SCHFDIILE ATTACH=
EWLOY&8 SEN rxTS LIABILITY
COVERAGE: FORK SS 04 13
B CLAIMS-MADE
R$TROACTIVS RATS: 05/05/3003
EACH CLAM $1,000,000
AGGREGATE $2,000,000
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Form SS 00 02 42 06 Page 005 (CONTINUED ON NE%T PAGE)
Process Date: 03/05/13 Policy Expiration Date: 05/05/14
LAti►U'YERS LIABILITY INSURANCE 5020 Weston Parkway,Suite 200 919.677.8900 TEL
CF; { Cary,North Carolina 27513 800.662.8843 Tou.FREE
COMPANY OF 919.677.9641 FAx
! Post Office Box 1929
M U L NORTH CAROLINA Cary,North Carolina 27512-1929 www.lawyersmutualnc com
Declarations
KENNON CRAVER, PLLC Location:
PO BOX 51579 4011 UNIVERSITY DR STE 300
DURHAM, NC 27717-1579 DURHAM NC 27707
Policy Number: 0022032- 10
Policy Period 05/01/2013 to 05/01/2014
12:01 A.M.Standard Time at the address of the Named Insured stated herein
Retroactive Date: 05/01/1977
Limits of Liability A. $ 5,000,000 A. Applicable to any individual claim or one or more
related claims. Ali claims arising out of the same,
related or continuing professional service.
B. $ 5,000,000 B. Aggregate limit of the Company's liability for all
damages and claims expenses without regard to
the number of Insureds, claims, demands,suits,
pleadings or claimants.
Deductible: C. $ 50,000 C. See Condition 1, 'Deductible and Limit of
(including claims expenses) Liability,"of the Policy.
Premium: $ 26,303
Endorsement Attachments.
012 030 034 041 042
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in witness whereof,Lawyers Mutual Liability Insurance Company of North Carolina has caused this policy to be signed by its President and
Secretary and countersigned by a duly authorized agent of the Company.
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Secretary
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/111e au-/t4r�
Pre ident C� Authorized Agent
Lawyers Professional Liability Policy (This is a Claims-Made Policy. Defense costs are a part of the Policy
Limits and reduce the amount available to pay losses. You should read your policy for a complete
understanding of its Terms,Conditions&Coverages).
PolicyForm 1212012
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LASERS LIABILITY INSURANCE 5020 Weston parkway,Suite 200 919.677.8900 ru
COMPANY OF Cary,North Carolina 27513 8900.6677.8884,TOLL FRte
MUTUAL Post Office Box 1929
NORTH CAROLINA Cary,North Carolina 27512-1929 ►vww.lawyersmtttualnc.com
Deglarations
KENNON CRAVER, PLLC Location:
PO BOX 51579 4011 UNIVERSITY DR STE 300
DURHAM, NC 2 771 7-1 579 DURHAM NC27707
Policy Number: 0022032-10
Policy Period: 05/01/2013 to 05/01/2014
12:01 A.M.Standard Time at the address of the Named Insured stated herein
Retroactive Date: 05/01/1977
Limits of Liability: A. $ 5,000,000 A. Applicable to any individual claim or one or more
related claims. All claims arising out of the same,
related or continuing professional service.
B. $ 5,000,000 B. Aggregate limit of the Company's liability for all
damages and claims expenses without regard to
the number of Insureds, claims, demands,suits,
pleadings or claimants.
Deductible: C. $ 50,000 C. See Condition 1, "Deductible and Limit of
(including claims expenses) Liability,"of the Policy.
Premium: $26,303
Endorsement Attachments:
012 030 034 041 042
in witness whereof,Lawyers Mutual Liability insurance Company of North Carolina has caused this policy to be signed by its President and
Secretary and countersigned by a duly authorized agent of the Company.
Secretary /
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• i /I
T.C.r
Pre ident Authorized Agent
Lawyers Professional Liability Policy(This is a Claims-Made Policy.Defense costs are a part of the Policy
Limits and reduce the amount available to pay losses. You should read your policy for a complete
understanding of its Terms,Conditions&Coverages).
PolicyForm 1212012
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'SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 22 SBA SD1767
BUSINESS LIABILITY LIMITS OF INSURANCE
LIABILITY AND MEDICAL EXPENSES $1,000,000
MEDICAL EXPENSES-ANY ONE PERSON $ 10,000
PERSONAL AND ADVERTISING INJURY $1,000,000
DAMAGES TO PREMISES RENTED TO YOU $ 300,000
ANY ONE PREMISES
AGGREGATE LIMITS
o PRODUCTS-COMPLETED OPERATIONS $2,000,000
GENERAL AGGREGATE $2,000,000
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BUSINESS LIABILITY OPTIONAL
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COVffiRAGES
BIRED/LION-OWNED AUTO LIASYLXTY $1,000,000
N FORM: 88 04 38
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WOR$LLA LIABILITY - SEE
° SCBBDM ATTACBED
WWL0YES BENEFITS LIABILITY
COVERAOS: YORK 88 04 13
CLAXHO-MADE
I. RETROACTIVS DATE: 08/05/2003
EACH CLARK $1,000,000
ACOUGATE $2,000,000
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Form SS 00 02 12 06 Page 005 (CONTINUED ON NEXT PAGE)
Process Date: 03/05/13 Policy Expiration Date: 05/05/14 =
INFORMATION PAGE (Continued) Policy Number: 22 WBC KK9485
3.A. Workers Compensation insurance: Part one of the policy applies to the Workers Compensation Law of the
states listed here:NC (SPO } ,
•u
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed In Item 3.A.
The limits of our liability under Part Two are:
Bodily injury by Accident $500,000 each accident
Bodily injury by Disease $500,000 policy limit
Bodily Injury by Disease $500,000 each employee
C. Other States insurance: Part Three of the policy applies to the states,if any,listed here:
ALL STATES EXCEPT ND, OR, WA, WY, AND
STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE.
D. This policy includes these endorsements and schedule:
WC 00 03 10 WC 00 04 04 WC 00 04 12 WC 00 04 21C WC 00 04 22A
-WC 99 03 02B WC 00 04 14 WC 00 04 19 WC 32 03 0133 WC 99 02 77
4. The premiurtt for this policy will be determined by our Manuals of Rules,Classifications,Rates and Ratifig
Plans. All Information required below is subject to verification and change by audit.
Premium Basis
Classifications Total Estimated Rates Per Estimated
Code Number and Annual $100 of Annual
Description Remuneration Remuneration Premium
8620 1,027,800 .26 2,672
ATTORNEY -• ALL EMPLOYEES & CLERICAL,
MESSENGERS, DRIVERS
INCREASED LIMITS PART TWO (9807) .80 PERCENT 21
TO EQUAL INCREASED LIMITS MINIMUM PREMIUM (9848) 54
TOTAL PREMIUM SUBJECT TO EXPERIENCE MODIFICATION 2,747
NC - INTRA EXPERIENCE MODIFICATION 326075114 (CONTINGENT) .990
PREMIUM ADJUSTED BY APPLICATION OF EXPERIENCE MODIFICATION, 2,720
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 2,720 i
EXPENSE CONSTANT (0900) 250
TERRORISM' (9740) 1,027,600 .020 206
CATASTROPHE (9741) 1,027,800 .020 206
TOTAL ESTIMATED ANNUAL PREMIUM 3,362
Total Estimated Annual Premium: $3,382
Deposit Premium:
Policy Minimum Premium: $373 NC (INCLUDES INCREASED LIMIT MIN. PREM.)
Interstate/intrastate Identification Number: 1 326075114
NAICS:
Labor Contractors Policy Number: SIC: 8111
UIN:
NO. OF EMP: 000021
Form WC,00 00 01 A (1) Printed in U.S.A. Page 2
Process Date: 03/09/13 Policy Expiration Date: 05/05/14