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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 an�14,cal mmlaa) Orange Count Finance Director F. � ! { � } { � \ f ! � ( { { � { { { � { f / � \ � \ . / C 6 C � C � / . � . � � n oAver,p} 20,E ad.suire#a durhdisj.«2' post box 515'91 durbam,w2 25 r R HON Ep#o050 0�px919 490 08e www,kennonrraver.wr � �: TxE DARTFORD PRODUCER COMPENSATION NOTICE M 0% r 0 You can review and obtain information on The Hartford's producer compensation practices at o www.TheHartford.com or at 1-800-592-5717. n .o N N N O O r4 O .T� T-a OEM - i rte. �r �r .ter �n r. �r ,rm G-3418-0 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 ) . a 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 a n NUSINZSS LIABILITY OPTIONAL A COVF&RdzS N BIKED/NON-0WMW AUTO LIABILITY $1,000,000 N FORM: SS 04 31B 0 .�� UMRELLA LIABILITY - SEE ° SCHFDIILE ATTACH= EWLOY&8 SEN rxTS LIABILITY COVERAGE: FORK SS 04 13 B CLAIMS-MADE R$TROACTIVS RATS: 05/05/3003 EACH CLAM $1,000,000 AGGREGATE $2,000,000 ji 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 5 i 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. 9 �.t.y Secretary • /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 i 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 / �Y- -- • 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 •M '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 Q n BUSINESS LIABILITY OPTIONAL a COVffiRAGES BIRED/LION-OWNED AUTO LIASYLXTY $1,000,000 N FORM: 88 04 38 Cp 0 WOR$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 w Sam i i� 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