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HomeMy WebLinkAbout2019-711-E AMS - Kennon Craver Northern Campus contract amendment DocuSign Envelope ID:2824AD3C-CB3D-41A5-B832-43F26A4D5B7D NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 4rh day of October, 2019 by and between ORANGE COUNTY (hereinafter referred to as "County") and Kennon Craver, pllc. (hereinafter referred to as"Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated May 14, 2018 and executed on June 21, 2018, (hereinafter the "Original Agreement"), for the provision of legal services to the County, specifically the services related to title research and other legal work related to the acquisition of certain properties(the North Campus); and WHEREAS, the County and Provider desire to amend 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 of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the services the maximum amount payable of the Original Agreement is amended to increase the amount payable to Provider by nine thousand nine hundred fifty dollars ($9,950) to reflect an amount not to exceed of sixteen thousand four hundred fifty dollars($16,450). 2. 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 the event that there is a conflict between the Original Agreement and this Amendment,this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY KENNON CRAVER Doc u5igned by: Du5igned by: It 6lnJln..il. e [P,` 3287&5EO5245A... County Manager For the Firm DocuSign Envelope ID:2824ANXAD3C-CB3D-4lA5-B832-43F26A4D5B7D S R YERS Nr�F!!` j ­ L I M U � )�,�PANY 101 UTALj"j Declarations KENNON CRAVER, PLLC 4011 University Drive Suite 300 Durham, NC 27707 Policy Number: 0022032-LPL-1 6 Policy Period: 05-01-2019 to 05-01-2020 12:01 A.M. Standard Time at the address of the Named Insured stated herein. Prior Acts Date of May 1, 2003 Named Insured: Limits of Liability: A. $5,000,000 A. Applicable to any claim or one or more related claims, B. $5,000,000 B. Aggregate limit of the Company's liability for all damages and claims expenses without regard to the number of Insureds, Extended Reporting Endorsements,claims, suits, or claimants. Deductible: C. $50,000 C. See INSURING AGREEMENT VI.Deductibleand (including claims expenses) Limit of Liability. Premium: $33,24100 Endorsement Attachments: 012 041 069 In witness whereof,Lawyers Mutual Liability Insurance Company of North Carolina has caused this Policy to be signed by its President and countersigned by a duly authorized agent of the Company. Lawyers Professional Liability Policy (This is a Claims-Made and Reported Policy. Defense costs are a part of the Policy Limits and reduce the amount available to pay losses. You should read your Policy for a complete understanding of its Terms, Conditions&Coverages). (09/01/2018) PolicyForm DonuSign Envelope ID:2o24AD3C-CB3D41A5-B8n243F26A4DoB7D ' T �� �� UA8|UTY 1�5UK&�(F ' ��l_�Y�/ � ��J���� � ' — — --- -- (T)\��A�\ 0F MUTUAL | ^'7.' '"`// '`` 1�� l�/ J[ ��l^��� � \()RTH (�\R[)Li�/ � Insured Listigj/ Prior Acts Date Endorsement This Endorsement, effectivel2:Ol A.M. on May 1, 2019 forms npart of Policy No. $022032-LPL-16 (the "Policy") 'issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies tuKENNON C0AVE0L PLLC (the "Named Insured"), It is hereby understood and agreed that astoeach insured listed below, this Policy shall not apply tn such ynwured/sac±(a) oronnisxion(s), or series of related act(s) or ornisoion(o), nccuhngnr beginning prior to the date listed individually for each insured below ("Prior Acts Date"). All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this Endorsement, remain in full force and effect. Name Licensing State License Prior Acts Date tor Other) Number l VV|LL|/\M /\LBERT/\N[}[RS(}NIII NC 29085 10-02-2000 2 GVVEND[)LYN [ BROOKS NC 26502 09-17'1999 3 /[}ELh4 [RA|C] N[ 9179 02'01-1980 4 G RHOC)E5 CRAVER N[ 10291 02-01 1982 5 j/\MESROBERTEA5TH[)M NC 33489 06-14-1998 8 HR|/\N MFERRELL N[ 27819 04-03-2002 7 VV|LL|AMTHUTCH|N5)R MC 22129 06-01'1995 8 DE8OR/\HANN MrC)ERM{}TT NC 47933 09-02-2014 9 HENRY VV|LL|/\M5f\PPENF(EL[) N[ 37419 12'03'2007 lO LE|GHPURYE/\RV/\MOL MC 27342 03-01-2007 11 CAN0/\CEB. M|N)ARES N[ 50378 02-01-2016 12 EL/\!N/\/\. W(JMDLE NC 527714 09-04-2018 13 M/[HAELSPOLANDERMUNSON N[ 43098 11'01'2018 -__ DocuSign Envelope ID:2824AD3C-CB3D-41A5-B832-43F26A4D5B7D 1 A B 11 1 1",S RA\ C.LAWYERS MUTUAL \01RIIH (.AR101U1NA Specific Acts Exclusion Endorsement This Endorsement, effective 12:01 A.M. on May 1, 2019 forms apart of Policy No. 0022032-LPL-16 (the "Policy") issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and applies to KENNON CRAVER, PLLC (the "Named Insured"). It is hereby understood and agreed that as a condition of the issuance of this Policy, the EXCLUSIONS AND LIMITED WAIVER 1. Exclusions section of the Policy is hereby amended to add this Specific Acts Exclusion. Irrespective of whether the act(s) or omission(s) alleged in support of a claim, suit, or theory of liability presented in a suit, would fall within INSURING AGREEMENT, I. Coverage - Attorney, III. Coverage - Fiduciary or Ill. Coverage - Arbitrator &Mediator, this Policy does not afford to any Insured any coverage or benefits whatsoever, including, but not limited to, any right to any defense, with respect to: Any claim, or any theory of liability asserted in a suit, based in whole or in any part upon any act(s) or omissions) of any Insured arising out of, related to, or on account of the following: Services including legal services rendered to, for, or on behalf of McKee Family Associates, LLC and clients thereof. Services including legal services rendered to, for, or on behalf of Craver Realty Corp. /V END 041 1,o8/o1/2ol 5) SpalExclusion oocuS|on Envelope ID:zoz4AonC-CenD-41 e7o � AV L RS '( lMH\\YJF -\ un �MUTUAL T AL N()RTHCAROUNA Financial Fraud Exclusionag.Endorsement (�=�0 ^°�*� ���" r~��^ �~~~~^ `^^~^ ~�`� ^ ^a^~~~' This Endorsement, effective }2G1 f\.M. nn May 1, 2@19 forms a part of Policy No. 0022032-LPL-16 (the''Pmlixy") issued bm LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAR0L|NA. |Lis hereby understood and agreed that asa condition o/the issuance of this Policy, the EXCLUSIONS AND LIMITED WAIVER U' Exclusions, section of the Policy is hereby amended to add this Specific Acts Exclusion, All Policy provisions, terms, and conditions, except as expressly provided otherwise in this endorsement, remain in full force and effect, irrespective of whether the act(s) or omission(s) alleged in support of a claim, suit, or theory of insuredliability presented in a suit, would fall within INSURING AGREEMENT, 1. Coverage -Attorney, 11, Coverage- Fiduciary or Ill. Coverage -Arbitrator & Mediator, this Policy does not afford to any ~ any coverage or--'~f''` whatsoever, 'n---no' but not l'm''--to, any right to any defense, with respect to: any claim, or any theory of liability asserted in a suit, in vvhn|n or in any part upon any act(o) or omission(s) of any Insured arising out of, related to, or on account of the loss, misappropriation, or attempted misappropriation of funds, through any dishonest, deceitful, or fraudulent scheme nr means, including but not limited towritten, electronic, telegraphic, cable, teletype, facsimile, or telephone communications or access to, use of, or change to any software, application, data, or information within any computer, server, electronic device, or electronic account of an Insured. This exclusion applies regardless of whether any other act(s) or omission(s) contributed concurrently or /n any sequence to the loss, misappropriation, or attempted misappropriation of funds. This exclusionary endorsement shall apply only to funds directly or indirectly connected with or related to any purchase, sale, financing, or refinancing of real estate. Provided, however, that this endorsement shall not apply to the loss, misappropriation or attempted misappropriation of funds (1) wired or electronically transmitted by or on behalf of a client if any Insured had previously obtained the client's written agreement to terms of engagement applicable tothe representation that identified a specific )()LTA Trust Account as the only bank account to be used, and that warned the client substantially as follows: "BEFORE SENDING ANY WIRE, CALL OUR OFFICE TO VERIFY THE INSTRUCTIONS. WE WILL NOT CHANGE WIRING INSTRUCTIONS. (F YOU RECEIVE WIRING INSTRUCTIONS FOR/\ DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD RE PRESUMED TO BE FRAUDULENT. [)O NOT SEND ANY FUNDS AND CONTACT OUR OFFICE IMMEDIATELY. FAILURE TO FOLLOW THIS PROCEDURE ENDANGERS YOUR FUNDS," or (2) disbursed by or on behalf ofany Insured in accordance with a written, original, notarized disbursement instruction authorizing the wiring or electronic transmission of the funds. END #: O6D (06o0/2017) FFEE(RE.wSH)