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HomeMy WebLinkAbout2016-714-E DEAPR - Kirkland Appraisals, LLC for conservation easement appraisal for Gledhill - Lick Creek property DocuSign Envelope ID:20B91 DDA-0D68-412A-8AA2-0645EEA69C01 [Departmental Use Only] TITLE Lick Creek CE appraisal FY 2016-17 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of December, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision 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 Gledhill - Lick Creek property (30 acres) for which the owners intend to grant a permanent agricultural conservation easement. The subject property is located at 1319 Carr Store Road (Cedar Grove,NC). A written report is expected by January 27, 2017 The term of this agreement rendered shall be from December 19, 2016 to February 15,2017. 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 Four Hundred Dollars, ($1,400). 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 Revised 6/16 1 DocuSign Envelope ID:20B91 DDA-0D68-412A-8AA2-0645EEA69C01 be required by County'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://www.orangecountync.gov/departments/purchasing division/contra cts.ph p). if County'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 County'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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 or attached to this Agreement, the terms of this Agreement 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. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 Revised 6/16 2 DocuSign Envelope ID:20B91 DDA-0D68-412A-8AA2-0645EEA69C01 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 6/16 3 DocuSign Envelope ID:20B91 DDA-0D68-412A-8AA2-0645EEA69C01 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER t ---DocuSigned by: r DocuSigned by: By: ���� OtA,Wit, tcutAwtt-P'Stt,t1 By: ttiY,va 4v■cirtvUa County 1V Ca e,.413755E477_. Title: "—BDD7F3128EDB461... 200 S. Cameron St. Kirkland Appraisals, LLC P.O. Box 8181 9408 Northfield Court Hillsborough,NC 27278 Raleigh, NC 27603 Revised 6/16 4 DocuSign Envelope ID: 20B91DDA-0D68-412A-8AA2-0645EEA69C01 Richard C.Kirkland,Jr.,MAI 4A' ),.'• - .$ Kirkland 9408 Northfield Court Raleigh, North Carolina 27603 Appraisals, LLC rkaklandVe2mail.com www.hrklandanpraisals.corn November 30, 2016 Mr. Rich Shaw Orange County DEAPR Mr. Shaw: Thank you for considering Kirkland Appraisals, LLC for your commercial real estate appraisal needs. In response to your request I propose the following guidelines for the appraisal requested: Property: 30 Ac at 1319 Carr Store Rd, Cedar Grove, NC (Lick Creek) Scope: Inspection, sales comparison approach, before and after analysis of proposed CE Due: 4 weeks from signed engagement Fee: $1400 Client: Orange County Copies for Client: Pdf, print copies on request Special Considerations: Eno River Association as an additional authorized user This appraisal will be prepared in accordance with and subject to the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) as established by the Appraisal Standards Board of the Appraisal Foundation. The appraisal will also be subject to assumptions and limiting conditions, which are standard and will be clearly outlined in the appraisal report. Sincerely, ,A„s)c.Mitt., o op • , li atio ...__ r'' - -2)- '/r/C ki(iy- i ... ci ....'4,1,00',t." ,C1 io ''''' AO* .V ''3, ,r7 41 APritt' Richard C. Kirkland, Jr., MAI State Certified General Appraiser By my signature at the bottom of this letter, I do hereby agree to this fee quote and delivery schedule and authorize you to proceed with the appraisal. (Signature) (Date) DocuSign Envelope ID:20B91 DDA-0D68-412A-8AA2-0645EEA69C01 KIRKAPP-01 MHALL ,4C`ORL7►" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `••�- 8/22/2016 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 NAME: Carrie Sayers Rogers Insurance Agency PHONE (919)362-8310 4097 FAx 919 362-4101 512 W Williams Street (A/C,No,Ext): ) (A/c,No): ( ) 2 NC 27502 ADDRESS: ersinc.net Apex, 50 carrie@rogersinc.net p ADDRESS: � g INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Auto-Owners Insurance Company 18988 INSURED INSURER B:CNN Continental Casualty Company 20443 Kirkland Appraisals,LLC INSURER C: 9408 Northfield Court INSURER D: Raleigh,NC 27603 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSD SUBR POLICY EFF POLICY EXP VD POLICY NUMBER W LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 35593104 01/11/2016 01/11/2017 DAMAISGE TO RENTED 50 000 PREMES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 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 $ B Errors and Ommission RFB-254141705-16 08/21/2016 08/21/2017 Aggregate 1,000,000 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 Orange County Dept of Environment,Agriculture, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Attn: Rich Shaw 306A Revere Rd AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD onnunign Envelope ID:unoo1ooA-0one-41oA*AAc-0n45EEAoeon1 � NUJ:COUNTY 111111111111111 11 11111111111111111111H'''''''''''''''' 1111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111 11111111111 1' 11111111111111111111111111111 1110 tl'OtlitV Ill° Ind- 111111111111111111111111111,1,1111111111111111 De pact rn ent ofE nmimo men t, / iiattAcomun Agri cu I tm re,Parks�Reoreat ion 0111111111111111 .11111 December 1, 2016 Mr. Ri hard Kirkland Kirkland Appraisals 9408 Northfield Court Raleigh, NC 27603 Request for Proposal: Conservation Easement Appraisal for Gledhill—Lick Creek Dear Rich: We are in need of a conservation easement appraisal to determine the "before and after" value ofa3O-aoce property owned by (}eo�rey and Jane (�ledbiD. ��bmG&JbUlpurobuoed the land in June 2015 (DB 5973/366)` and itia located directly across froortheir \�iuJvfIiU Farm located at 1319 Carr Store Road in Cedar Grove (Orange County). The Gledhills intend to grant a permanent conservation easement jointly to Orange County and the Eno River Association. The Conn�ty and \aenoimtioorJlpnrclue* the easement ut using funds from Orange County and theity ofRaleigh. The [ l*dbi�o will donate a portion of the easement value, making this u "burguiu sale" conservation easement. The 30-acre parcel is identified as Orange County PIN 9858-20-3500. The property is entirely forested and no structures/improvements (map enclosed). The owners vviDreserve the right to construct one future resi.d ence in the northwest quadrant of the property (primitive "cabin"; possibly no plumbing). Aeido from in that one-acre "building envelope" there will be no future residences or outbuildings. Subdivision of the property will be prohibited. The easement will protect wide stream bu�eru, and outside of those bn�e buffers the ealoeuontvdluDnv limited forested uuoalg0000toouaiateutwith a forest stewardship puu. We will provide a summary of the pauuod conservation easement. The Gledhills can provide the results of soils tests that identify the more developable portions of the property. If you are interested in this project please send a brief proposal (including estimated cost and delivery dute) toItiob Shaw ot . If you have any questions, please contact Rich at 919-245-2514 or Kim at 919-620-9099 x-206. Thanks for your consideration. � �L ) '/ /f�- Rich Shaw Kim Livingston Orange County DEAPR Eno River Association 9I9-245-25l4/ 919-620-8099x-206/ Attachments: maps of subject property