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HomeMy WebLinkAbout86-77 RESOLUTION• RESOLUTION NO. &-77 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ASSOCIATED APPRAISERS, INC. FOR THE PURPOSE OF COM- PLYING WITH TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION PROPERTIES ACT OF 1970 AS SAID ACT APPLIES TO COMMUNITY DEVELOPMENT PROGRAM EASEMENT ACQUISITIONS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract for appraisal services with Associated Appraisers, Inc. for the purpose of comply- ing with Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as said act applies to Community Development Program easement acquisitions. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute any amendments to the afore- said contract required by the Department of Housing and Urban Dev- elopment. PASSED AND APPROVED THIS 465 DAY OF , 1977. ATTEST: CIT CLY R Ladie-Seta "" APPROVED: MICROFILMED' DATE Go 3 1379 REEL MICROFILMED DATE OCT 2 0 X979 REEL 1 +\ • CONTRACT THIS AGREEMENT MADE AND ENTERED INTO this 15th day of September, 1977, in the City of Fayetteville, County of Washington, State of Arkansas, by and between the City of Fayetteville, Arkansas, a Corporation duly incorporated and existing pursuant to the laws of the State of Arkansas, hereinafter designated "City" and Associated Appraisers, Inc., a Corporation existing under and pursuant to the laws of the State of Arkansas, herein- after designated "Appraiser", WITNESSETH: WHEREAS, the City, pursuant to its lawfully delegated powers and authorities, desires to retain the services of the Appraiser pursuant to the terms and conditions hereinafter set forth; and WHEREAS, the Appraiser agrees to render the services upon the terms and conditions and for the consideration hereinafter set forth on behalf of said City. NOW THEREFORE, it is mutually agreed, covenanted and pro- mised by and between the parties hereto as follows, to -wit: (1) Appraiser, pursuant to the terms and conditions herein- after set forth, agrees to appraise one -hundred and fifty (150) or less parcels of property for the City and, when and if directed by the City, prepare an appraisal report for each lot so appraised, which report shall be on a form acceptable to the City and will conform to the code of ethics of the American Institute of Real Estate Appraisers and the American Society of Appraisers. (2) The City agrees to provide the Appraiser, prior to any appraisal, with such preliminary documents as are required to adequately define the property to be appraised, such to include, but are not limited to, drawings, names and • addresses of current owners of such parcels, and a legal description of the partial taking, and tract map showing the location of each parcel. (3) The City, prior to the appraisal, agrees to secure and provide legal authority permitting the entry of the Appraiser onto the parcels to be appraised for the purposes of carrying out this Contract. (4) That the City, for and in consideration of the services of the Appraiser, agrees to pay the Appraiser a fee of Eighteen thousand, seven hundred fifty dollars ($18,750.00) to be payable as follows, to -wit: (a) One thousand, eight hundred seventy-five dollars ($1,875.00) payable on the execution of this Contract, the receipt of which is hereby acknowledged. (b) That weekly thereafter and during the term of this Contract, Appraiser will submit to the City a statement for work accomplished by the Appraiser during the preceeding week, and the City agrees to pay ninety percent (90%) of the amount so billed immediately upon the receipt of said statement. Billing will be at the rate of One hundred twenty-five dollars ($125.00) per parcel. (c) Upon the completion of the appraisals as set forth in Paragraph 1 hereinabove shall be deducted from the Eighteen thousand, seven hundred fifty dollars ($16,750.00) to be paid in full, and the balance shall then be paid to the Appraiser. (5) The Appraiser agrees to pay all expenses incurred in connection with the work performed by Appraiser pursuant to this Agreement. (6) Further, in addition to the basic consideration set forth herein, the Cityagrees to pay to the Appraiser the sum of One hundred fifty dollars ($150.00) per day for all in S p • ti Court testimony given by the Appraiser in connection with the appraisals contemplated herein. All pre-trial conferences or conferences held with members of the City, City officials, or attorneys with regard to pending litigation, shall be billed to the City by the Appraiser at the rate of Thirty dollars ($30.00) per hour, and the same shall be paid by the Department to the Appraiser immediately upon receipt of said statement, such payment again to be in addition to the basic consideration set forth herein. (7) The City agrees Zto indemnify and hold harmless the Appraiser, his sub -contractors, agents, employees or assigns from any and all claims, suits or actions for damages, whether personal or property, arising out of or resulting from the actions of the Appraiser in carrying out the instructions of the City pursuant to the terms of this Contract, or, resulting from the failure of the City to acquire the proper legal authority to enter upon any individual's property for the purposes of an appraisal. (8) The Appraiser agrees to utilize the services of Keith L. Schultz, an associate member of the American Society of Appraisers and a senior member of the National Association of Review Appraisers for the purpose of supervising, approving and executing all appraisals contemplated herein, and, for any and all Court appearances for the purposes of testimony with the respect to said appraisals or assessments. (9) The City, by and through the signatures of its appropriate officers hereon, warrants that it has the authority to enter into this Contract and to make the payments called for herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and in the place first above mentioned. ASSOCIATED APPRAISERS, INC. SEAL Attest: SEAL L. Schultz, Secte Attest: By/ K i L. Schultz, Presiders COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OFr .FAAYETTEVILLE, ARKANSAS BY '-✓/ 74,r7?eild-P