2026-146-E-DEAPR-David A. Smith & Associates-Appraisal for Conservation Easment for Pesnco Trust LLC Property

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Revised 01/24 1 [Departmental Use Only] TITLE CE Appraisal FY 2025-26 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), and David A. Smith & Associates (the "Provider"). W I T N E S S E T H: 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: an appraisal value for the fee simple sale of approximatekly 45 acres of land, located at address 6823 Millhouse Road and containing all of PIN# 9871607301 and part of PIN# 9871519160, and offered for sale under the stipulation(s) as follows; Ca 45 acres of our land, as shown on the attached map, the sole allowable land use (by deed restriction and an MOA between buyer and County) is a multiple playing field (soccer size) complex, with associated amenities and infrastructure such as restrooms, parking, stormwater, etc. No other allowed uses other than items associated with the playing field complex. It will be sold to a non-profit entity for these purposes under the provisions allowed by the NC General Statutes for sale for a public purpose, a reverter clause that returns the land to County ownership if the property ever ceases to be used for the public purpose. The term of this agreement rendered shall be from April 24, 2026 to June 1, 2026. 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. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Five Hundred dollars, ($1,500). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or Docusign Envelope ID: 717C5F31-EFC9-8D9D-80A1-A8ECAD73EB3A