2011-038 Co Atty - Coleman, Gledhill, Hargrave & Peek legal services

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]Department Use Only] Title HHRCD FY2010-11 ORANGE COUNTY CONTRACT UNDER$20,000 NORTH CAROLINA THIS AGREEMENT made and entered into effective April 1, 2011, ("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"),and Coleman,Gledhill.Hargrave&Peek,P.C.(the"Provider"); 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(hereinafter referred to collectively as"Services") to be furnished under this Agreement are as follows: Providing legal services to the Orange County Planning Department in its determination of access to and use of recreation amenities constructed and maintained within the Churton Grove Planned Development Subdivision (formerly "Scotswood Planned Development') (hereafter "the Subdivision") pursuant to the Class A Special Use Permit pertaining to the Subdivision, which special use permit is recorded at Book 1709, Page 101, Orange County Registry. The legal services provided and to be provided include appearances.before the Orange County Board of Adjustment and legal work associated with any appeal of a Planning Department or Zoning Officer decision to the Orange County Board of Adjustment but DO NOT include litigation in the courts of North Carolina or the courts of the United States. The term of this agreement rendered shall be from April 1, 2011 through and including December 31,2011. 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.