Loading...
HomeMy WebLinkAbout2017-127-E DEAPR - Kirkland Appraisals, LLC to update a conservation easement appraisal of Cedar Grove Windy Hill DocuSign Envelope ID:B3C559C7-669F-465A-9B37-6178302D41F1 [Departmental Use Only] TITLE Update CE Appraisal FY 2016-17 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of April, 2017, ("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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: To update a conservation easement appraisal with more recent comparable sale figures to determine a "before and after" market value of the Cedar Grove Windy Hill Farm property (39 acres) for an agricultural conservation easement. The subject property is located at 1319 Can Store Road(Cedar Grove,NC). An updated written report is expected no later than April 28, 2017 The term of this agreement rendered shall be from April 5, 2017 to May 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 Three hundred and fifty dollars, ($350). 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 2/17 1 DocuSign Envelope ID:B3C559C7-669F-465A-9B37-6178302D41F1 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 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 be designated here 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). 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 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. 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. Revised 2/17 2 DocuSign Envelope ID:B3C559C7-669F-465A-9B37-6178302D41F1 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 2/17 3 DocuSign Envelope ID:B3C559C7-669F-465A-9B37-6178302D41F1 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: c----DocuSigned by: By: VOwu, S O4't Ut By: icln�4 ya 4 k!I'LVU*A Departmen'iileD507A495... Title: BDD7F3128EDB461... 200 S. Cameron St. Kirkland Appraisals, LLC P.O. Box 8181 9408 Northfield Court Hillsborough,NC 27278 Raleigh,NC 27603 Revised 2/17 4 DocuSign Envelope ID:B3C559C7-669F-465A-9837-6178302D41 F1 From: Rich Kirkland [mailto: rkirkland2 @gmail.com] Sent: Thursday, March 23, 2017 1:01 PM To: 'Kim Livingston' <kim@enoriver.org> Cc: 'Rich Shaw'<rshaw@orangecountync.gov> Subject: RE: Gledhill appraisal questions Kim I'll fix the acreage. I checked the deed and tax card—apparently I need to up the magnification on my monitor so I don't misread my 3's. As for the shift from 7 to 8 lots on Highest and Best Use, I have no problem calling it 8 lots—it's certainly in a reasonable range,but the impact of the easement wouldn't really change from that. While the shift from 7 lots to 3 versus Blots to 3 is giving up more potential lots, the conservation easements aren't quite that sensitive to small shifts in terms. The sale on McDade Road has three 60 acre estate lots that could have supported six 10-acre lots each and so that was a shift from 6 lots to 1, or 83% loss in potential lots for only a 50% loss in value. It's not a direct linear regression. As for adding in the new comp and updating, I can do that hourly at $175/hour and probably needs less than 2 hours, maybe less than 1. (I have a minimum 1 hour charge regardless). If they wait till this summer to see if there are other sales that pop,then the only change in the quote would be that I'd need more time to look up and research any new comps that come up. If I update now, and say this summer they are ready to do something and you need an updated date, I could do a minimal search of the market and write a letter indicating whether or not I believe the value is "the same or greater"than the last report. An appraisal can just reflect a direction in value, and if you don't need to look for possible higher value,but happy with the current value, then I could do that for only 1 hour of time. I hope that helps. Richard C. Kirkland, Jr, MAI Kirkland Appraisals, LLC 9408 Northfield Court Raleigh,NC 27603 919-414-8142 www.kirklandappraisals.com DocuSign Envelope ID:B3C559C7-669F-465A-9837-6178302D41F1 KIRKAPP-01 TSHANNON ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/01/2017 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 have ADDITIONAL INSURED provisions or 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 Tracey Shannon NAME: Rogers Insurance Agency PHONE FAX 512 W Williams Street (A/C,No,Ext):(919)362-8310 4095 (A/c,No):(919)362-4101 Apex,NC 27502 E-MAIL SS:tracey @rogersinc.net 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 ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 35593104 01/11/2017 01/11/2018 DAMAGE TO RENTED 50 000 PREMISES(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- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER:General Aggregate $ A COMBINED SINGLE LIMIT AU LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY (Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 5059310400 09/15/2016 09/15/2017 AGGREGATE $ DED X RETENTION$ 10,000 $ 1,000,000 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&Ommission RFB-254141705-16 08/21/2016 08/21/2017 Per Claim/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 9 Y p 9 , ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Attn: Rich Shaw 306A Revere Rd AUTHORIZED REPRESENTATIVE Hillsborough,NC 27278 611 1. ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:B3C559C7-669F-465A-9837-6178302D41F1 •. , a . iiimiimmomimiiiimmi f; Woodland iif , s .mil r •.! ce y <+4 F 1 . ,,-/,--. • ,,,./,.. ;r ice. •q:414). '114' }, y Y ' /timabia, ic. . , ,,,e. ,. .. 124 i ,.. . .... ..„ 400 r Pasture 0 ii . 4 iiitastai,.!t in 111r --.-.7-: i i -. .t ,,. . . ,..i i. Z t . .. !, - .-.. = = c.: v c.--- e. . '-, -... v .• 4 '�' I ci Sklar ;. 1s• Of f '_. :,_:_. c c c c-. ..:'44., . K;. fir: -- : - N s 4 .. , :_= i ::: c: c: c: C: IA fang • c c c c: , - .', , Lai, ;.: I. _ -:-- gal t_r. ; '�> }• , k __ 1 CARR STORE RD .:rrr, . ..1 1 `h Existing Conditions Cedar Grove Windy Hill Farm N Agriculture Conservation Easement w• IE 1 inch = 214 feet PIN 9858205907 (38.88 acres) S M Gledhill Farm Dept of Environment,Agriculture, Parks and Recreation Map prepared by ry'p�\4 Land Records GIS Div.Jones 12/12/2016 Parcel boundary DG 220K<D:\gishome\gisprojects\ ry la nd_resource\Gledhill-Grant.mxd •