HomeMy WebLinkAbout2015-661-E DEAPR - David A. Smith & Associates market appraisal of the Efland Heirs property DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
[Departmental Use Only]
TITLE Efland heir appraisal
FY 2015-16
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 9th 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 David A. Smith & Associates (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 an "as is" market appraisal of the Efland Heirs property
(approx. 40 acres)located along West Ten Road (Efland area). A final written report is expected by January
16, 2016 or sooner.
The term of this agreement rendered shall be from December 9, 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 One
Thousand Five Hundred Dollars, ($1,500.00). 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.
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may
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DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
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]
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DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
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: 156LA uit, tka" tt-IrStt,ti By. 1 � al , , ��„,,
County`Ma as°°'•755E477...
200 S. Cameron St. David A. Smith
P.O. Box 8181 PO Box 51597
Hillsborough,NC 27278 Durham,NC 27705
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DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
ow
r
s
Vs . Liberty
Surplus Insurance
Real Estate Appraisers Professional Cororation,„
Liability
Date Issued Policy Number Previous Policy Number
02/09/2015 LSI012905-002 LSI012905-001
LIBERTY SURPLUS INSURANCE CORPORATION
(A New Hampshire Stock Insurance Company,hereinafter the"Company")
175 Berkeley Street
Boston,MA 02117
THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY.
Item DECLARATIONS
1. Customer ID: 167112 The insurance company with which this
Named Insured: coverage has been placed is not licensed
SMITH, DAVID ALLEN by the State of North Carolina and is not
subject to its supervision. In the event of
3622 Lyckan Parkway the insolvency of the insurance company,
Durham, NC 27705 losses under this policy will not be paid by
any State insurance guaranty fund.
2. Policy Period:
From: 01/27/2015 To: 01/27/2016
12:01 A.M. Standard Time at the address stated in
Item 1.
3. Deductible: $1,000 Each Claim
4. Retroactive Date: 01/27/2014
5. Inception Date: 01/27/2014
6. Limits of Liability: The Limit of Liability for Each Claim and in
A. $500,000 Each Claim the Aggregate is reduced by Damages and
B. $500,000 Aggregate Claims Expenses as defined in the Policy.
7. Mail all notices,including notice of claim,to Agent:
LIA Administrators&Insurance Services
1600 Anacapa Street
Santa Barbara,California 93101
(800)334-0652; Fax: (805)962-0652
8. Annual Premium: $1,168.00
+ $58.40 Surplus Lines Tax
9. Number of Appraisers: 1
10. Forms attached at issue: LIA002S (10/11) LIA012 (08/11) LIA013 (08/11) LIA025 (03/10)
OFAC (08/09) SC-9 (10/08)
This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the
Real Estate Appraisers Professional Liability Insurance Policy shall constitute the -ct between the Named Insured and the Company.
By
LIAOO1S (04/10) Authorized Signature
DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
Liberty
Surplus Insurance
Real Estate Appraisers Professional
alit�` Cororaion,„
Liability
LIBERTY SURPLUS INSURANCE CORPORATION
(A New Hampshire Stock Insurance Company,hereinafter the"Company")
Named Insured: SMITH,DAVID ALLEN Policy Number: LSI012905-002
Effective Date: 01/27/2015
Customer ID: 167112
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL COVERED PERSONS ENDORSEMENT
It is agreed that Section IV of the Policy, Definition(I) is amended to include:
"Insured" means:
The persons identified below,but only while acting on behalf of the Named Insured:
Coverage Principal/Owner,
Name Effective Date Appraiser or Trainee
David Allen Smith 01/27/2015 Principal/Owner
Page 1 of 1
LIA012 (08/11)
DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
s
Liberty
Surplus lnsurance
Real Estate Appraisers Professional
alit�` Cororaion,„
Liability
LIBERTY SURPLUS INSURANCE CORPORATION
(A New Hampshire Stock Insurance Company,hereinafter the"Company")
Named Insured: SMITH,DAVID ALLEN Policy Number: LSI012905-002
Effective Date: 01/27/2015
Customer ID: 167112
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL PROPERTY APPRAISAL ENDORSEMENT
It is agreed that the following Insureds have been approved by the Company to perform Professional
Services involving commercial property:
Insured Effective Date of Approval
David Allen Smith 01/27/2015
All other terms and conditions of this Policy remain unchanged.
Page 1 of 1
LIA013 (08/11)
DocuSign Envelope ID:36527814-FF6E-473D-8780-375FBB508600
ORANGE COUNTY
00.000. 111
Department of Environment,
Agricult:ure,Parks&Recreation.
December 4, 2015
Mr. David Smith
David A. Smith & Associates
3 Morristown Circle
Durham, NC 27705
Request for Proposal: Efland Heirs Property,West Ten Road, Efland
David:
Orange County is interested in getting a fair market appraisal of a 40-acre portion of an
87-acre tract of land (PIN 9844-26-4137) listed for sale by Robbin Taylor-Hall on behalf
of the Efland Heirs, LLC.
The County is only interested in the 40 acres located south of Interstate 85/40 for a
potential expansion of the Soccer.com Center. The subject property includes two small
pieces south of West Ten Road, which we would like to itemize as separate valued
portions of the subject property.
Most of the property (north of West Ten Road) is located within the Buckhorn
Development District (EDD), which provides for a range of light industrial, distribution,
retail, office, and services uses. Allowed uses include parks, government buildings,
manufacturing, assembly and processing, wholesale trade, as well as various retail and
services with a conditional use permit.
Although there is currently no water and sewer services available to this site, the owner
could pay to extend those services should they be needed. According to the County
Engineer linking the property to the existing or future public sewer network would be
expensive. Estimated costs are provided in the enclosed site evaluation.
If you are interested in this project, please send brief proposal (including estimated cost
and delivery date) by via email to me at <rshaw@orangecountync.gov>.
If you have any questions, feel free to call me at 919-245-2514.
Rich Shaw
Rich Shaw
Land Conservation Manager
Enclosures
N pFP I dnd CFt...pFP t... FFS UR FF DIVISI
Orange County Department of Environment, Agriculture, Parks&Recreation
PO Box 8181, Hillsborough, NC 27278
Phone: (919) 245-2510 Fax: (919) 644-3351