HomeMy WebLinkAbout2023-206-E-Legal-Beemer Hadler & Willett-Condominium Development PA.
1829 East Franklin Street, Suite 8MB
Chapel Hill, NC 2751
Phone: 91 -9294391
Faxe. 919=967-3063
PROFESSIONAL CONTRACT
Orange County, "Client, " does hereby request and authorize Wayne R. Hadler of !I
the law firm Beemer, Hadler & Willett, P .A. , hereafter called "Attorney, " to represent
Client as legal counsel for matters related to conversion of certain real property
currently owned by Orange County Rural Fire Department (ORFD ) into a Condominium
compliant with Chapter 47C North Carolina Condominium Act, it being the intent that
Orange County would own 42% of the Condominium and ORFD would Own 58 % of the
Condominium . The real property to be converted into a Condominium use and
ownership is described as that certain 2 . 0 acres , more or less and shown as New Lot 6-
A on a map and survey recorded in Plat Book 116 , Page 71 , Orange County Registry
and being PIN 9873-24A 850 .
Representation shall include creating the necessary legal documents for the
creation and ongoing operation of the Condominium . Attorney will review existing
Agreements between the County and ORFD and consult with Orange County legal c
office as necessary. Attorney will review all existing lienholders ( loans) on the real
property and coordinate any necessary subordination or releases as part of the creation
of the Condominium . Documents to be created will be as required under Chapter 47C ,
or otherwise advisable to create , including but not limited to . Declaration of
Condominium ; organization and creation of non-profit condominium association , and
creation of condominium bylaws . Attorney will coordinate with County legal staff and
with project engineers , surveyors and architects in the preparation of the Condominium
documents to make certain the recordable Declaration of Condominium is consistent
with the plats and plans in the coordination between the Declaration and Plats and
Plans . Attorney will create the necessary flexibility for the Association to manage all
necessary Assessments and Specials and handle common element expenses for the G;
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Association .
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1 . The agreed rate of compensation to Attorney for representation in this matter
is as follows .
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(A) $310 . 00 per hour for attorney Wayne R. Hadler for all time spent in the
representation of Client . The Attorney reserves the right to engage their associate-
counsel Jenna Homik and to the extent she is engaged for any tasks her rate will be
$265 . 00 per hour.
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( B ) Client will pay copy costs at a rate of $ .25 per copy and other out-of-pocket or
advanced expenses evidenced by check or other customary means . Attorney reserves
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the right charge travel at the applicable Federal Government rate .
2 . Responsibility to provide legal services will commence upon the full execution
of this Professional Contract . However, an attorney/client confidential and privileged
in telephone meeting between Attorney and
relationship commenced with the j
Orange County attorneys John Roberts and Joseph Herrin . Attorney and Client have a
confidential relationship except to the extent the parties agree otherwise , or as required
bylaw .
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3 . Attorney shall provide monthly invoices for services and all bills shall be
itemized . Notwithstanding Paragraph 1A, charges will not exceed $ 12 , 000 . 00 between
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the date of execution and October 31 , 2023 . Attorney shall notify the County when
charges reach the amount of 10 , 000 . 00 , and at that point an amendment to this
agreement may be executed by the parties to complete the remainder of the work. No
deposit required . Invoices to be paid within 30 days of receipt.
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. This agreement will be reviewed and renewed , canceled or otherwise
modified on or before May 1 , 2023 . However, the Client and Attorney reserve the right
to cancel or terminate the contract by providing written notice of termination to the other.
5 . No guarantee or promises concerning the outcome or result of legal
representation is provided by Attorney .
6 . Attorney will review payment of service bills with Client at the request of
Client.
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7 . 1 hereby grant power and authority of legal counsel to represent me and enter
appearance on my behalf in any court, pursuant to North Carolina General Statutes
Sec . 84A 1 . Notwithstanding the power granted by Client in the Paragraph , Attorney
does not customarily practice litigation and in the event representation requires resort to
the Courts , Attorney reserves the right to engage litigation counsel or co-counsel with
the Client reserving the right to approve the co-counsel or counsel selected .
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Orange C unty Clie t
B
Date :
Beemer, Hadler & Willett , P . A. , Attorney
By:
Wayne R. Ha ler
Date . YX?
ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name : Beemer, Hadler & Willett P . A . Vendor Contact Person : Wayne Hadler Phone : 919 929 0391
Address : 1829 East Franklin St. Suite 800 -13 City Chapel Hill State : NC Zip : 27514 Department : Legal Amount ,
$ 12 , 000 . 00 Purpose : Condominium Development Budget Code (s) : 10205020630000 Vendor #
Vendor Status with NCSOS : Vendor is a BOCC consultant : ❑ Yes ® No
Contract Details
Contract Type : ® New ❑ Amendment (Original Contract : ) (Most Recent Amendment )
Effective Date May 1 , 2023 End Date October 31 2023 Notice Date N/A (Notice Purpose N/A)
Award
❑ Approved by Board (Agenda Date . _�; ® Made or Administered by John Roberts/Joseph Herrin
Signature Authority
NOW ❑ BOCC Express Delegation (Agenda Date :
MA Policy 9 . 4 : ❑Under $ 5 , 0006 ® Service Under $ 90 , 0006 ❑ Construction Under $ 250 , 000
Affit ❑ Budget Policy Section XV ( Capital Improvement Project : )
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Bidding
❑ Informal Bidding ($ 30k- $ 90k) ; ❑ Formal RFP ($ 90k+) ; ® Other (<$ 301c) ; ❑ Exception(# �
Department Affirmation I
® This agreement is approved as to technical form and content and I as Department Director affirmatively state
work on this project has not been initiated prior to execution of the agreement .
❑ Services related to this agreement have already begun or ee completed. Description of the nature of the
emergency condition that was addressed :
Department Director ' s Signature Date :
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Information Technologies
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This agreement has been reviewed and is approved as to information technology content and specifications :
Office of the Chief Information Officer Date .
® Inapplicable because no hardware/software purchases or related services
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Risk Management
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This agreement is approved for sufficiency of insurance standards , specifications , and requirements :
Office of the Risk Management Officer Date :
fina;q:
ial Services
This instrument has been pre - audited in the m er d by the Local Government Budget and Fiscal Control
Act :
Office of the Chief Financial Officer Date ,
egal Service
NEEM
This agreement is approved as to 1 Ed form and ffic ' ncy :
Office of the County Attorn y ' Date :
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion : occlerlcdocs@orangecountync . gov
The following signature block is for har pies only and is not required for Docusign contracts :
Received for record retention :
Office of the Clerk to the Board Date :
Revised 04 / 23