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Home My WebLink About2014-202 DEAPR - Kennon Carver Attorneys at Law - Brian Ferrell for Legal Services purchase of 2.6 acres from Triangle Land Conservancy $3,500 z- � �vr� oN � Dew pip, William.A Anderson,III Gwendolyn C Brooks* pllc Joel MCraig ATTORNEYS AT LAW G Rlwdes Craver Jamrs R lasthom Briars M Ferrell William 7'Hwchi;2i Jr" Katherine L McKee Hl ,y W Sappenfield Leigh P Vanril A William Kennon, Retired 'Board Cerriffrd Speeiallsr rn Estate Planning 6pro6are L.am '*Board Certified Sperialut in Real Properfy Law; Busincrs,Commercial and Industrial Transactions April 22,2014 Mn Rich Shaw,Land Conservation Manager Orange County,North Carolina P.O. Box 8181 Hillsborough,North Carolina 27278 RE: E.ngagemen.t For Legal Services: Orange County("County") Purchase of 2.6 Acres From Triangle Land Conservancy("TLC") Dear Rich: Thant:you for contacting me regarding Orange County's need for legal assistance in the closing of the above referenced purchase transaction. We are pleased to assist the County with this matter. If agreeable to the County, this letter establishes the terms of our engagement. We propose to perform the following legal services on behalf of the County. Title Search&Title Insurance We will conduct a limited title update search on the approximately 2.6 acre parcel owned by TLC having Orange County PIN 9891919120(the"Property"), The update search will begin on September 16, 2003 (the"Beginning Search Period")which is the issue date of TLC's current title insurance policy. We will not review title documents prior to the Beginning Search Period and we will not identify title defects that occur prior to that date. However, you will be insured against earlier title insurance defects via the title insurance policy we will procure on behalf of the County. We will provide the County with a preliminary title opinion on forms prescribed by Investors Title Insurance Company containing the results of the title search in advance of the closing. We will also procure a title insurance policy for the purchase amount of$66,013.00. The County will be responsible for the payment of the title insurance premium. Please be aware that matters of zoning and environmental hazards are not included in a standard title search; if you require additional information from me concerning these issues, please Iet me know immediately. 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. 1 4011 university drive,suim 300,durham, nc 27707 • post office box 51579,durham,nc 2,%717-1579 TELEPHONE 9194900500 FAX919490087.3 www.kennoncraver.corn We are proceeding under the assumption no new survey will be drawn for the Property specifically for the pending purchase. The County's owner's policy will make exception to matters of survey unless a new plat is available. I recommend a current survey be prepared prior to the closing. A new survey will reveal driveways, boundary overlaps, building overlaps, or other encroachments that may negatively impact title. These encumbrances, as well as others that may be identified by a current survey which may have a significant impact on title, are generally not discoverable without a survey and will.not be located through a title examination or a review of the existing recorded plats. Closing We will conduct the closing on the purchase here in our offices or at another location within Orange County that is convenient for you and the County. We anticipate having title work completed in time to close this transaction no later than May 15, 2014. Following the closing we will update title and record the deed along with any other necessary documents at the office of the Register of Deeds. Thereafter, we will prepare a final title opinion and make application for a title insurance policy on behalf of the County. This engagement is specifically limited to, (I) performing the title search described above; (2) preparing the title opinion discussed above; (3) procuring title insurance as described above; (4) disusing any title issues discovered during the title search m th you; (5) recording the documents listed above; and (6) conducting the closing. . Please be aware that additional work necessary to complete the closing, such as attempting to resolve significant title defects, may require work beyond the scope of this letter and in excess of the "not to exceed" amount listed below. Fees We will bill the County on an hourly basis for the work described in this letter. We have a dedicated real estate paralegal that will be responsible for obtaining all necessary title documents from the Orange County Registry and other public sources. All work performed by our paralegal will be charged at her hourly rate of$85 per hour. I will be the primary attorney responsible for this matter. I will charge the County for all work done at my hourly rate of $235 per hour. Please understand that I must charge for all work performed even if this transaction fails for any reason. The total amount charged to the County for the work described herein will not exceed Three Thousand Five Hundred and 00/100 Dollars $3 500.00). Please do not hesitate to contact me with any questions o ncerns regarding this letter. I look forward to working with you on this transaction on beh f the County. cerely, riarr e ell THfi IRM 2 kennon craver,pile 4011 university drive,suite 300,durham,ne 27707 post office box 51579,durham,ne 27717-1579 TELEPkONF 9194900500. FAX 919490087.3 m:uw.kt—o—raver,com Eniagement Letter Sigriature Page The legal services engagement described herein is nderstood and agreed to: Orange Count V Ca o na By: ounty Manager Date: This i strument has been pre-au 'ted in the manner required.by the.Local Government Budget and Fiscal C Act. Orange County Finance Director kennon saver,pllc 4011 university drive.,suite 300,durham,nc 27707 post office flax 51579,durham,nc 277J7-1,57.9 TELEPHONE 919 490 0500,FAX 919 00 0873 u,unv.kennvncrar,er,com y LAYERS LIABILITY INSURANCE 5020 Weston Parkway,suite 200 919.677.8900 TEL �.i. .. Cary,North Carolina 27513 800.662.8843 Tou.ma COMPANY OF Post O 919.677.9641 FAx a Office Box 1929 MUTUAL NORTH CAROLINA Cary,North Carolina 27512-1929 www.lawyemmutuainc.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. 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 { I 1 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 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 12/2012 f'' 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 0 RUSUIRSS LIABILITY OPTIOZUL p cOVBRACas at N RIRED/X=-OWXZD AUTO LIABILITY $1,000,000 C%Q FORM: SS 04 38 C. rq MMRELLB LXABILZTlr - WM * SCBEDULE ATTAC M OPLOYES SENSFITS L*ASILITY ME COVBRAQ$: FORK SS 04 13 ME CLAM[-MADE RETROACTIVE VATS-* 05/05/2003 Emm CLARK $1,000,000 AGMGLTS $2,000,000 Form SS 00 02 12 06 Page 005 (CONTINUED ON NEXT PAGE) Process Date: 03/05/13 Policy Expiration Date: 05/05/14 Y. 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 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 GIB WC 99 02 77 4. The premium for this policy will be determined by our Manuals of Rules,Classifications,Rates and Ratirfig 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 EMPLOYEES & CLERICAL, MESSENGERS, DRIVERS INCREASED LIMITS PART TWO (9807) .80 PERCENT 21 TO EQUAL INCREASED LIMITS MINIMUM PRRK= (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 3,382 Total Estimated Annual Premium: $3,382 Deposit Premium: Policy Minimum Premium: $373 NC (INCLUDES INCREASED LIMIT MIN. PREM. ) interstatelintrastate Identification Number: 326075114 NAILS: Labor Contractors Policy Number: SIC: Bill UIN: NO. OF EMP- 000021 Form WC,00 00 01 A (1) Printed in U.S.A. Page 2 05/05/14 Process Date: 03/09/13 Policy Expiration Date: ....................................... TxE - xARTFORD PRODUCER COMPENSATION NOTICE 0 You can review and obtain information on The Hartford's producer compensation practices at www.TheHartford.com or at 1-800-592-5717. ARM T-+ �x cn N N N O O rl O C: s �c i a� S ,rm G-3418-0