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Home My WebLink About2019-620-E DEAPR - Kirland Appraisals LLC Windy Hill Farm conservation easement DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 [Departmental Use Only] TITLE Update CE Appraisal FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9"' day of September, 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 Kirkland Appraisals, L.L.C. (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 of the Cedar Grove Windy Hill Farm property (39 acres) for an agricultural conservation easement and write an opinion letter of current value as called for by the NC Dept. of Agriculture and Consumer Services as a condition of a grant from the NC Agricultural Development and Farmland Preservation Trust Fund. . The subject property is located at 1319 Carr Store Road (Cedar Grove, NC). An updated written report is expected no later than September 27,20I9 The term of this agreement rendered shall be from September 9,2019 to October 15,2019. 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 tight 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 Dollars, ($1000). 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 12/18 1 DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 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/ourchasing diyisionlcontracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA 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. Indemni : 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 1 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.orangecountync.gQv/departments/purchasing divisionlcontracts.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 Revised 12/18 2 DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 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. 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 QocuSigned by: OacuSigned by: By SfoudC 9/10/2019 l3 �� rp W-) W/M2019 811CFA1D5B7A495. .or Tit BD77F3129EDB461 200 S. Cameron St. Kirkland Appraisals P.O.Box 8181 9408 Northfield Court Hillsborough,NC 27278 Raleigh,NC 27603 Revised 12/18 3 DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 Christian Hirni To: Christian Hirni Subject: FW: [EXTERNAL MAIL!] Fwd:Appraisal opinion letters From: Kim Livingston [mailto:kim@enoriver.ornl Sent: Monday, September 09, 2019 9:09 AM To: Rich Shaw; David Stancil; Christian Hirni Subject: [EXTERNAL. MAIL!] Fwd: Appraisal opinion letters Hi Dave and Rich, I wanted to follow up on the opinion letters from Rich Kirkland for the Holden-Roberts and Gledhill farms. Was the contract executed? Have we gotten the letters and updated appraisals? Our ADFP deadline extensions are up October 1, so just starting to feel a bit nervous! Let me know. Thanks, Kim Livingston Director of Conservation and Stewardship Eno River Association, an accredited Land Trust 4404 Guess Road Durham, NC. 27712 (919) 620-9099, Ext. 206 www.enoriver.org ---------- Forwarded message From: Rich Kirkland crkirkland2@gmail.com> Date: Thu, Aug 1, 2019 at 5:45 PM Subject: Re: Appraisal opinion letters To: Kim Livingston<kim�}a enoriver.org> Cc: Rich Shaw<rshaw@.orangecauntync.gav>, David Stancil <dstancilgoran eg_co_untync-gov> Thanks for the update. It wouldnt likely go down. On Thu, Aug 1, 2019, 2:05 PM Kim Livingston ckim c�7e enoriver.org>wrote: Hi Rich, i DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 I talked with Orange County on Tuesday about this. Either Dave or Rich will work with you on a contract to update the existing appraisal acreages as well as writing opinion letters. We are really hopeful that the appraised amounts have not changed since these projects already have approved final funding totals! Thanks, Kim Livingston Director of Conservation and Stewardship Eno River Association, an accredited Land Trust 4404 Guess Road Durham, NC. 27712 (919) 620-9099, Ext. 206 www.enoriver.or On Tue, Jul 23, 2019 at 6:00 PM Rich Kirkland<rkirkland2Agmail.com> wrote: Kim I did not know you were returning to Eno,hopefully it's all upward moves. As for updating, I can do that at an hourly rate of$250 not to exceed 5 hours each. I may only need an hour or two each assuming I don't need to re inpect. I can give a flat fee if you need it. I just need to look at the tinning and MLS. Time frame is 3,weeks On Tue,Jul 23, 2019, 11:22 AM Kim Livingston ckim(a�enoriver.org> wrote: Hi Rich, I hope you are doing well. I don't know if I told you this, but I went back to the Eno River Association in May. During my transition back, I am assisting Orange County complete some land acquisition projects. Two of those projects you appraised for us: Holden-Roberts Farm(Anderson) and Cedar Grove Windy Hill Farm (Gledhill). These projects have partial funding from the NC Agricultural Development and Farmland Preservation Trust Fund(ADFP). ADFP requires that the appraiser update the existing appraisals to represent the acreage from the survey and write an opinion letter of current value. We did this for the Pope Farm back in September 2016. Could you send us a quote for the cost of this service and the timeframe for completion once contracted? Attached are the preliminary plats and existing appraisals. Please not that the farmstead area in 2 DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 the northern portion of the Gledhill farm may change in shape, but should stay a similar size. For both projects, no subdivisions are allowed and no future residential structures except for those allowed under state laws pertaining to agriculture such as allowing farmhand housing. Thank you! Kim Livingston Director of Conservation and Stewardship Eno River Association, an accredited Land Trust 4404 Guess Road Durham, NC. 27712 (919) 620-9099, Ext. 206 www.enoriver.orQ 3 DocuSign Envelope ID:2F603CB0-E109-42F7-8341-47AA3FE2E2C9 KIRKAPP-01 QJONES '4�a►2[] CERTIFICATE OF LIABILITY INSURANCE [ I DATE SIi9lza 9 MMIDOrYYYY, 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 INSURERS),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 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this cartiflcate does not Conte r19 hts to the certificate holder in lieu of such endorsements. PRODUCER CaMTACT Tracey Shannon Rogers Insurance Agency y IBC Nn; S19y 3$2.4101 512 W Williams Street IAIC No,Ext:(919 362-8310 Fax Apex, NC 27502 MS.,tacey rogersinc.net INSURERS AFFORDING COVERAGE NAIC It INSURER A:Auto-Owners Insurance Company 18988 INSURED INSURER B:CNAI Continental Casualty Company 20"3 Kirkland Appraisals,LLC INSURERC: 9408 Northfield Court INSURERD: Raleigh,NC 27603 INSURER E: _ INSURER F COVERAGES CERTIFICATE NUNIBER: 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 tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE AN DDL SUER WV0POLICY NUMBER FOLICY EFF POLICY YY LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE ❑X OCCUR 35593104 1/11/2019 1/11/2020 DAMAGE TO RENTED §D,(]00 MED EXP one n 5'060 PERSONAL&ADV INJURY 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 11 JECT LCC PRODUCTS-COMPIOPAGG 2,000,000 OTHER $ AUTOMOBILE LIABILITY COM9INED SINGLE LIMIT 5 ANY AUTO BODILY INJURY Perperson) 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY ❑ BODILY INJURY Peracciden[ AbRTOS ONLY AUTO Of LY t�erOacEciRdm t MAGE $ . $ A ){ UMBRELLA LIAR x OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS WAS. CLAIMS-MADE 60593104DD IM112019 11111202fl -AGGREGATE 5 1,000,000 DEO I x I RETENTION S 10,600 $ WORKERS COMPENSATION PER Eft AND EMPLOYERS'UABIUTY Y I N ANY PROP RIETORMARTNERlEXECl1TIVE ❑ NIA E.L EACH ACCIDENT $ OFFICERAM(Mandatory in ER EXCLUDED? E.L DISEASE-EA EMPLOYE (Mandatary in I W, 1}yes,descdhe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Errors&Omissions RFB-254141705-19 8/2112019 8/21/2020 Per claimlaggregate 1,000,000 DESCRIPTION OF OPERATIONS?LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be att abed if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Department Of Environment Agriculture,Parks and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p 9 ACCORDANCE WITH THE POLICY PROVISIONS. Recreation 308A Revere Rd Hillsborough,NC 27278 AUTHORUED REPRESENTATIVE ACORD 25(2016103) Q 1988-2016 ACORD CORPORATION. All rights reserved. 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