HomeMy WebLinkAbout15-78 RESOLUTION•
RESOLUTION NO. /5-78
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH ASSOCIATED APPRAISERS, INC. FOR
APPRAISALS OF EASEMENTS TO BE ACQUIRED IN CONJUNCTION WITH
HUD PROJECT B -76 -UR -05-0002.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Associated Appraisers, Inc.
for appraisals of easements to be acquired in conjunction with
HUD Project B -76 -UR -05-0002. A copy of said contract, marked
Exhibit "A", is attached hereto and made a part hereof.
PASSED AND APPROVED this Ap day of a.e.A.A l,C.Q.,t.c f
1978.
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APPROVED:
MICROFILMED. o 1916
DATE2
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EXHIBIT "A" RES 15-78
CONTRACT
THIS AGREEMENT MADE AND ENTERED INTO this oi/ day of
February, 1978, 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, here-
inafter designated "City" and Associated Appraisers, Inc.,
a Corporation existing under and pursuant to the laws of the
State of Arkansas, hereinafter 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 here-
inafter set forth, agrees to appraise twenty-six (26) 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.
Said appraisals shall be for those easements necessary for the
City to complete water and sewer lines under H.U.D. Project
W.S.F.-AR-06-37-1001.
(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 in-
clude, 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.
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(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 one hundred
twenty-five ($125.00) per parcel appraised to be payable upon com-
pletion of the appraisals.
(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 City agrees to pay to the Appraiser the sum of
One hundred fifty dollars ($150.00) per day for all in 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 City to the Appraiser immedia-
tealy upon receipt of said statement, such payment again to be
in addition to the basic consideration set forth herein.
(7) The City agrees to 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
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and excuting 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 ap-
propriate 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:
daA ya'f Adc.
el-t'h L. Schu tz, President
CITY OF FAYETTEVILLE, ARKANSAS
BY
SEAL