2017-547-E DEAPR - Kennon Craver for legal services for purchase of trail easement on Triangle Land Conservancy's Brumley Forest

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DocuSign Envelope ID:65E9A8D2-18C4-4B97-8580-E126BE266687 the present. In other words absent your timely objection, we will "tack" to that existing policy of title insurance. This procedure will enable us to keep the County's costs to a minimum while, at the same time, providing full title insurance coverage for the County. You should be advised that title insurance, while a valuable insurance coverage, does not cover any and all damage that may arise from a title defect. Title insurance also does not necessarily provide immediate relief in the form of the payment of a claim given title insurers have a reasonable time to correct defects in title which the insurer reasonably believes can be corrected. What constitutes a"reasonable time" depends upon the nature of the defect. Assuming title is insurable, we will obtain a title insurance policy in favor of the County in the amount of the purchase price for the Easement. The County will be responsible for the payment of the title insurance premium at closing. Please be aware that matters of zoning and environmental matters are not included in a standard title search. We, as closing attorneys, do not provide any opinion as to the environmental condition of the Property. Please notify me immediately if the County requires additional information or assistance concerning these two issues. Zoning laws affect setbacks and use requirements to name a few. Environmental hazards include, but are not limited to, the existence of radon gas, lead-based paint, underground storage tanks and asbestos. You have provided a legal description of the Easement to us. This legal description will be used to describe the boundaries of the Easement in the Deed of Public Trail Easement (the "Easement Deed"). I understand the final terms of the Easement Deed have been agreed to by the County and Triangle Land Conservancy prior to our involvement in this matter, and the County does not require our assistance with negotiating or drafting the Easement Deed. Conflict Waiver As we have discussed, you are aware that my firm represents Triangle Land Conservancy from time to time in various matters. We do not believe that this ongoing representation impermissibly conflicts with our work on this Easement on behalf of the County because: (i) the scope of our representation is limited as provided herein; (ii) the County and Triangle Land Conservancy already negotiated the terms of the Easement Deed prior to our involvement; (iii) this firm does not represent Triangle Land Conservancy with regard to the Easement; (iv) this firm did not represent Triangle Land Conservancy in regard to its acquisition of the Property; and (v) Triangle Land Conservancy has consented to our representation of the County in this matter. Provided, however, if a dispute arises between the County and the Triangle Land Conservancy as a result of the Easement we would not be able to represent either party in any adversarial proceeding. By proceeding with an agreement to which this letter is attached, the County acknowledges our representation of Triangle Land Conservancy and waives any conflicts that arise in the scope of this engagement as a result thereof. Please provide a copy of this letter to the County Attorney and obtain his legal advice as to the consequences of this waiver. Closing We will conduct the closing on the Easement. The closing can occur in our offices or another location that works better for the parties. The County agrees to wire the closing funds 2 kennon(raver,pito 4011 unzveruty drzve, spite 300,durham, II(27707 0 post()Fife box 5/579,duo/soon, no 27717-1579 TELEPHONE 959 490 0500, FAX 979 490 0873 Jowly ken nom-Joy(r (0111