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2018-064-E AMS - Kennon Craver legal services engagement Hwy 70
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2018-064-E AMS - Kennon Craver legal services engagement Hwy 70
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Last modified
7/31/2018 4:13:02 PM
Creation date
3/1/2018 12:11:32 PM
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Contract
Date
2/14/2018
Contract Starting Date
2/14/2018
Contract Document Type
Agreement - Services
Amount
$3,000.00
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R 2018-064 AMS - Kennon Craver legal services engagement Hwy 70
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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DocuSign Envelope ID: BC50E22D- D2B4- 4E91- AA4B- 3B9F742A583E <br />County's costs to a minimum while, at the same time, providing full title insurance coverage for <br />the County. You should be advised that title insurance, while a valuable insurance coverage, <br />does not cover any and all damage that may arise from a title defect. Title insurance also does <br />not necessarily provide immediate relief in the form of the payment of a claim given title insurers <br />have a reasonable time to correct defects in title which the insurer reasonably believes can be <br />corrected. What constitutes a "reasonable time" depends upon the nature of the defect. <br />Assuming title is insurable, we will obtain a title insurance policy in favor of the County in the <br />amount of the purchase price for the Property. The County will be responsible for the payment of <br />the title insurance premium at closing. <br />Please be aware that matters of zoning and environmental matters are not included in a <br />standard title search. We do not provide any opinion as to the environmental condition of the <br />Property, Please notify me immediately if the County requires additional information or <br />assistance concerning these two issues. Zoning laws affect setbacks and use requirements to <br />name a few. Environmental hazards include, but are not limited to, the existence of radon gas, <br />lead -based paint, underground storage tanks and asbestos. <br />We will either use the survey commissioned by the County for this transaction, if any, or <br />the description of the Property included in the current vesting deeds as the legal description for <br />the Property. We recommend the County obtain a new survey of the Property during its due <br />diligence if it has not already done so. A survey may show title encumbrances and defects such <br />as existing encroachments onto or from neighboring properties, legal description gaps and <br />overlaps, and other matters "on the ground" that would not otherwise be discovered during our <br />title search of the public records. The legal description will be used to describe the boundaries of <br />the Property in the general warranty deed conveying the Property to the County (the "Deed "), if <br />any. I understand the County does not require our assistance with negotiating or drafting any <br />purchase agreement for the Property. <br />Legal Fees & Expenses <br />This engagement is specifically limited to: (1) performing the title search; (2) preparing <br />the title opinion; (3) procuring a title insurance commitment (if available); and (4) disusing any <br />title issues discovered during the title search with the County. Please be aware that additional <br />work necessary to complete the closing, such as attempting to resolve significant title defects, <br />significant work related to locating heirs or resolving estate issues related to the property in the <br />chain of title, etc., may require work beyond the scope of this letter and cast in excess of the fee <br />listed below. In the event the County requires additional legal work not referenced in this letter <br />(such as work associated with clearing any title defects, resolving estate issues, or closing <br />services), then we may perform such work at the County's specific request under an amendment <br />to this agreement at our normal hourly rates. <br />We will bill the County at a discounted hourly rate of $250 for time spent by firm <br />attorneys on the Transaction and $110 per hour for time spent by paralegals on the Transaction. <br />Our legal fees for performing the legal work outlined herein will not exceed $3,000.00. In <br />addition to the foregoing hourly fees, the County will be responsible for payment of any <br />kennon r aver, pllc <br />-7011 rveltc sirf zlrit,c, suire 300, durham. w 77707 • poo office box 515 -9, dwham, nr 2 717 -1579 <br />rELEPH0NE9194900500 FAX 91949008,3 . wivicakerraow— ruver.rom <br />
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