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Home My WebLink About2019-138-E DEAPR - David Smith and Associates appraisal for Dewey Road DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 [Departmental Use Only] TITLE Lloyd 2"d appraisal FY 2018-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this March day of 04, 2019, ("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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: To conduct a market value appraisal of the Lloyd properties(approx. 220 acres) located at the end of Dewey Road off West Ten Road(Cheeks Township). The term of this agreement rendered shall be from March 6,2019 to May 31, 2019. 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). 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 be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 12/18 1 DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 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/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here Professional Liability 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, without limitation, 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 I IA 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.oran eg cogptync. og v/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 identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 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. If such mediation fails either party may initiate litigation to resolve the dispute. 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 12/18 2 DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER EDocuSigned by: DocuSigned by: 3/4/2019 � a, C�1 3/4/2019 Delaar�.Director 200 S. Cameron St. David A. Smith P.O. Box 8181 PO Box 51597 Hillsborough,NC 27278 Durham,NC 27705 Revised 12/18 3 DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 DAVID A. SMITH, MAI, SRA P.O.BOX 51597 DURHAM,NORTH CAROLINA 27717-1597 ' *MA PHONE(919)493-1534• FAX(919)493-1682 SRA TM email smithappraiser@frontier.com February 28,2019 Kim Livingston Orange County DEAPR Thank you for the request for an appraisal of a property located south of I-85/I-40 in Orange County, North Carolina and further identified as Orange County PIN 9854-52- 1180, 9854-63- 2294, and partial 9854-44-6627. The purpose of the appraisal is to value the fee simple interest of the property if placed for sale on the open market. The intended use is for possible purchase of the property. The property will be valued as of the date of inspection. The appraisal will be prepared in accordance with the Uniform Standards of Professional Appraisal Practice and the supplemental Standards of Professional Appraisal Practice and Code of Professional Ethics of the Appraisal Institute. The report will be in the standard appraisal report format, the generally accepted format. My fee for the appraisal will be $1,500 and it will be completed within two weeks of receiving confirmation to proceed. The report will be sent to you or anyone you designate by e-mail. I will also send you a hard copy if required. Thank you for this opportunity, and I look forward to working with you. If you have any questions,please contact me. Sincerely, c'" , David A. Smith,MAI, SRA State-Certified General Real Estate Appraiser#A281 DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 Ll M&M , uuMr LIA tatrators & Insurance Services APPRAISAL AND VALUATION A S P E N PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the "Company") 175 Capitol Blvd. Suite 100 Rocky Hill, CT 06067 Date Issued Policy Number Previous Policy Number 01/16/2019 AA1007922-04 AAI007922-03 THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY(60)DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY, OR DURING THE EXTENDED REPORTING PERIOD, IF APPLICABLE, FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY. Item 1. Customer ID: 167112 Named Insured: SMITH, DAVID ALLEN 3622 Lyckan Parkway Durham,NC 27705 2. Policy Period: From: 01/27/2019 To: 01/27/2020 12:01 A.M. Standard Time at the address stated in 1 above. 3. Deductible: $1,000 Each Claim 4. Retroactive Date: 01/27/2014 5. Inception Date: 01/27/2016 6. Limits of Liability: A. $500,000 Each Claim B. $500,000 Aggregate 7. Mail all notices, including notice of Claim,to: LIA Administrators&Insurance Services 1600 Anacapa Street Santa Barbara, California 93101 (900) 334-0652; Fax: (805) 962-0652 8. Annual Premium: $925.00 9. Forms attached at issue: LIA002 (12/14) LIA NC (02/16) LIA NC NOT(11/15) LIA012 (12/14) LIA013 (10114) LIA025A(11/14) This Declarations Page,together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Policy shall constitute the contract between the Named Insured and th o any. 01/16/2019 By Date Authorized Sighature LIA-001 (12/14) Aspen American Insurance Company DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 Appraisal and Valuation Professional Liability Insurance Policy A S P E N Named Insured: SMITH,DAVID ALLEN Policy Number:AAI007922-04 Effective Date: 01/27/2019 Customer ID: 167112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED APPRAISERS ENDORSEMENT In consideration of the premium charged, it is agreed that Section IV.DEFINITIONS(I) "Insured" 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 01/27/2019 Principal/Owner All other terms, conditions, and exclusions of this Policy remain unchanged. Aspen American Insurance Company Page 1 of 1 LIAO12 (12/14) DocuSign Envelope ID:216FE902-54FD-4FOF-8A4F-F6772F5AOB96 Appraisal and Valuation Professional Liability Insurance Policy A S P E N Named Insured: SMITH,DAVID ALLEN Policy Number:AAI007922-04 Effective Date: 01/27/2019 Customer ID: 167112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL APPRAISAL ENDORSEMENT In consideration of the premium charged, it is agreed that the Insureds identified below have been approved by the Company to perform Professional Services involving Commercial Property. Insured Effective Date of Approval David Allen Smith 01/27/2019 Exclusion(N)remains unchanged and effective,however,unless the Insured identified is approved for Professional Services involving undeveloped or vacant land whose proposed use is for multiple unit single-family housing developments, condominium developments, co-operative housing developments or apartment developments consisting of 10 units or more. All other terms, conditions, and exclusions of this Policy remain unchanged. Aspen American Insurance Company Page 1 of 1 LIAO13 (10/14)