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HomeMy WebLinkAbout2016-229-E Planning - Kennon Craver, PLLC for additional legal services DocuSign Envelope ID: E4028D63-CE913-41D95-894D-D31 DE1 F5DAB0 NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #1 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 25th day of April 2016 by and between ORANGE COUNTY (hereinafter referred to as "County") and Kennon Craver, PLLC, (hereinafter referred to as "Consultant"). WITNESSETH: THAT WHEREAS, the County and Consultant entered into a contract dated July 15, 2015 (internally designated as 2015-16), for the provision of services to the County (hereinafter the "Original Agreement"); and WHEREAS, the County and Consultant desire to extend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made in the Original Agreement and herein, the parties agree to amend the Original Agreement as follows: 1 . The Compensation for Basic Services in Section 5.1.1 is hereby amended from "FIVE THOUSAND Dollars ($5,000)" to "EIGHT THOUSAND Dollars ($8,000)". 2. The Basic Services in Section 3.1.1 are hereby amended to read: "The Consultant shall perform as Basic Services the work and services described herein and described in Exhibits A and B." Exhibit B shall be as attached. 3. A new condition be created at subsection 10.10 to state the following: "Consultant certifies that, as of execution, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.58. In compliance with the requirements of the Iran Divestment Act Designer shall not utilize in the performance of this Agreement any subcontractor that is identified on the Final Divestment List." DocuSign Envelope ID: E4028D63-CE9B-4D95-894D-D31 DE1 F5DAB0 4. A new condition be created at subsection 10.11 to state the following: "Pursuant to the terms of North Carolina General Statutes no county may enter into a contract unless the contractor and its 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 Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes." 5. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY: CONSULTANT: E- 7,,E,77- bD328t65E0524bA DocuSigned by: DocuSigned by: 6 vu Bonnie Hammersley, County Manager Brian M. Ferrell, Member/Manager Kennon Craver, PLLC DocuSign Envelope ID: E4028D63-CE913-41D95-894D-D31 DE1 F5DAB0 EXHIBIT B AMENDMENT TO BASIC SERVICES Kennon Craver, PLLC proposes to perform the following additional legal services for Orange County in addition to those legal services outlined on Exhibit A, Basic Services: Contract Preparation&Negotiation For Acquisition Of Easements We will, subject to receipt of instructions on terms from the County, negotiate for the purchase of permanent and temporary easements on parcels having Orange County PINs 9844658028 and 9844831368 (the "Easements"). Assuming a deal is reached with the current owners for the purchase and sale of the easements, we will prepare an offer to purchase ("Purchase Agreement") for execution by the parties that provides for the purchase of the Easements as well as the purchase of the Property referenced on Exhibit A. Closing We will conduct the closing on the purchase of the Easements. The closing can occur in my offices or another location that works better for the parties. We will make every effort to provide the County with a draft of the settlement statement no less than 24 hours prior to the closing date. Following the closing, we will record the easement plats and deeds in the office of the Register of Deeds. Legal Fees &Expenses This amendment is necessary to increase the scope of services to include: (1) negotiating with the current owners for the purchase of the Easements based on direction from the County on essential terms; (2) preparing a Purchase Agreement for the County's purchase of the Easements assuming a mutually agreeable deal is reached with seller; (3) conducting the closing on the acquisition of the Easements; and recording the documents listed above. Please be aware that we have not been asked to perform a title search of the property within the Easements. Therefore, we will not be able to locate any title defects or superior liens or encumbrances that may negatively affect the County's interest in the Easements. In the event the County requires representation prior to closing or additional legal work not referenced in this Exhibit B, then we will perform such work at the County's specific request under an amendment to this agreement at our normal hourly rates. The additional fees due under this amendment will not exceed $3,000.00, making the total not-to- exceed amount $8,000.00.