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HomeMy WebLinkAbout2015-625-E DEAPR - Kirkland Appraisals, LLC appraisal for conservation easement Pope farm DocuSign Envelope ID:602E2D84-25C8-4304-9278-07CCB7B1A16B [Departmental Use Only] TITLE Pope Farm Appraisal FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 4th day of December, 2015, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Kirkland Appraisals, LLC (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: To conduct a detailed conservation easement appraisal to determine the "before and after" market value of the Pope farm property (75 acres) for which the owners intend to grant a permanent agricultural conservation easement. The subject property is located 6909 Efland-Cedar Grove Road(Cedar Grove,NC). A written report is expected by December 31, 2015 The term of this agreement rendered shall be from December 7, 2015 to January 31, 2016. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two Thousand One Hundred Dollars, ($2,100.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 7/14 1 DocuSign Envelope ID:602E2D84-25C8-4304-9278-07CCB7B1A16B 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of Professional Liability (errors and omissions) Insurance (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 7/14 2 DocuSign Envelope ID:602E2D84-25C8-4304-9278-07CCB7B1A16B IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: /. By: 1561A,LA,tt, tka" tt-IrS By: kichaF ( C. kirk aril A Ml County ac '94B755E477... 200 S. Cameron St. Kirkland Appraisals, LLC P.O. Box 8181 9408 Northfield Court Hillsborough,NC 27278 Raleigh,NC 27603 Revised 7/14 3 DocuSign Envelope ID:602E2D84-25C8-4304-9278-07CCB7B1A16B AC J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)9/25/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashley Muirhead NAME: y Rogers Insurance Agency PHONE Ext): (919)362-8310 FAX No): (919)362-4101 512 W Williams St E-MAIL ADDRESS: ro ashle y g @ ersinc.net PO Box 945 INSURER(S)AFFORDING COVERAGE NAIC# Apex NC 27502 INSURERA:CNA INSURED INSURER B: Kirkland Appraisals, LLC INSURER C: 9408 Northfield Court INSURERD: INSURER E: Raleigh NC 27603 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors and Ommissions RFB-254141705-15 8/21/2015 8/21/2016 1,000,000 Each Claim Liability Coverage 1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PNC Bank THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 620 Liberty Avenue 13th Floor ACCORDANCE WITH THE POLICY PROVISIONS. Pittsburgh, PA 15222 AUTHORIZED REPRESENTATIVE (-141----‘2- Melissa Hall/MELISS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 nmam t DocuSign Envelope ID:602E2D84-25C8-4304-9278-07CCB7B1A16B �11111�1111��1�11111\\\1V111\\\ ORANGE COUNTY„I, 111111 man111���V111111�� 11 1111 no Kivox De pa Department of.E!.knvi1"(.omt, ����1 1 1 111�um Agriculture,Parks&Recreation December 1, 2015 Mr. Richard Kirkland Kirkland Appraisals 9408 Northfield Court Raleigh, NC 27603 Request for Proposal: Conservation Easement Appraisal for Pope Farm (Orange County) Dear Rich: We are in need of a conservation easement appraisal to determine the "before and after" value of the Captain John S. Pope farm owned by Robert and Gail Pope. The 75-acre farm is at 6909 Efland-Cedar Grove Rd in northwestern Orange County (Cedar Grove Twp). The Popes intend to grant a permanent conservation easement jointly to Orange County and the Eno River Association. The County and Association will purchase the easement using funds from Orange County and the NC Agricultural Development and Farmland Preservation (ADFP) Trust Fund. The Popes will donate a portion of the easement value, making this a "bargain sale" conservation easement. The property is 75.34 acres comprised of one tax parcel: Orange County PIN 9859-01-9289. We will provide you with a summary of the proposed conservation easement restrictions, including no future subdivision and no additional residences. At present there just the one residence—a historic farmhouse (circa 1870) that is listed on the National Register of Historic Places (2013). The farm was also designated a Local Historic Landmark by Orange County (2013) and is recognized as a Century Farm by the NC Dept. of Agriculture. If you are interested in this project please send a brief proposal (including estimated cost and delivery date) to Rich Shaw at rshaw@orangecountync.gov. If you have any questions, please contact Rich in Hillsborough at 919-245-2514. Thanks for your consideration. Ri h Shaw Id- Rich Shaw Kim Livingston Orange County DEAPR Eno River Association 919-245-2514/rshaw@orangecountync.gov 919-620-9099 x-206/kim@enoriver.org Attachments: maps of subject property