90-IIIII RESOLUTION NO. 90-~__/--__7-__~__~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SELECTING AN APPRAISER AND APPRAISAL
REVIEWER FOR VACANT LAND ACQUISITION;
GRANTING PERMISSION TO CITY ATTORNEY'S
OFFICE TO DO A TITLE SEARCH ON SAID
PARCEL; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR APPRAISAL SERVICES
(ACQUISITION); A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO ~AS
EXHIBIT "A"; PROVIDING AN EFFECTI!VE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. That the City Commission of the City of
Boynton Beach has approved JOHNSON & PARRISH, INC. as
Appraiser and PALM BEACHAPPRAISEP~ &CONSULTANTS, INC. as Appraiser
Reviewer for vacant land acquisition.
Section 2. That the City Commission of the City of
Boynton Beach has granted permission to the City Attorney's
office to do a title search on said parcel of land.
Section 3. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Agreement
between the City of Boynton Beach and TWO OONSULTANTSNAMEDABOVE
for said services, a copy of which is attached hereto as
Exhibit "A".
Section 4. This Resolution shall
immediately upon passage.
PASSED AND ADOPTED this ~ day of
CITY
take effect
· 1990.
FLORIDA
ATTEST:
Commissioner
EXHIBIT "A" Pa~e 3 Of 10
1
CITY of
BOYNTON
BEACH
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
(407) 734-8111
EXHIBIT "A" Page 4 of 10
July 13, 1990
REQUEST FOR PROPOSAL
INDEPENDENT PROPERTY APPRAISER
The City of Boynton Beach is interested in obtaining the service~
of an appraiser to appraise the properties located as follows:
Fair market appraisals are needed for eight(8) vacant
parcels of land located in the vicinity of N.E. '!3th Avenue~
N.W. 10th Avenue/Martin Luther King Blvd., 1-95 and the FEC
Railroad tracks (see attached map, vacant parcel list and
mln±mum specifications required.)
Interested consultants should make an on-site inspection of the
property and submit to the City the following information:
· Fee for appraisals
.Time period for completion of appraisa±'s
.Qualifications of appraiser
· Technical Qualifications
.General appraisal experience
.Specific experience in appraising properties of the type
involved in the area
.Courts in which appraiser has testified as an expert
witness, etc.
.Certification stating no conflict of interest involve61 in
the performance of the services
.Certification stating no financial interest whatsoever in
the parcels to be appraised
I!~dependen t P~'cper ty Appraiser will be required to ~ z~fn the
attac?.ed agreement for Appraisal' Services and also will be
required to comply with the specifications of ArticLe ~., Contents
of Appraisal Report, as stated on pages 3-7 o~: tlle attached drafn
Agreement and according to the Uniform Relocation Ass!sEance and
Real Property Acquisition Pol'lcl'u= .... Act of 1970 .
Page 2 - Independent ?roperty Appraiser
EXHIBIT "A" Pa~e 5 of 1~
If you are znterested in submitting your proposal for the
appraisals, please submit two(°)~ copies of the app~opizate
information to:
City of Boynton Beach
Johnnetta Broomfield,- Director
Dept. cf Community Improvement
I00 E. Boynton Beach Blvd.
~oynton Beach, Fi. 33425-031Q
Attn: Vacant Parcel Appraisals
by Thursday, July 26, 1990 at 4:00 p.m.
Please be advised that you can not be selected to be both an
Independent Property Appraiser and an Independent Property
Appraiser Reviewer. Therefore, it is imperative that if you are
submitting a proposal for the Independent Property Appraiser that
you so indicate on your proposal submittal.
If ~zou should have any questions please do not hesitate to call
Sandra Player at (407) 738-7493.
Sincerely,
//J - .,: t:
J.~lnne ~t a ,~roomf i e !.d~ ~ir ec tot
D~pt, ~ I~lprovemellt
of
Community
JB: kc
Enclos%~res
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
When a Public
Agency
Acquires Your
Property
Introduction
This booklet describes many of the important
features of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(~Jniform Act). It also gives general information
about public acquisition of real estate (real
property) that should be useful to you.
Most real property acquisitions by a public agency
for a Federal or federally assisted project are
covered by the Uniform Act. If you are notified that
your property will be acquired for such a project, it
is important that you learn your rights under this
important law.
This booklet may not answer all of your questions.
If you have more questions about the acquisition of
your property, contact the Agency responsible for
the project. (Check the back of this booklet for the
name of the person to contact at the Agency.) Ask
your questions before you sell your property.
Afterwards, it may be too Pate.
EXHIBIT "A" Page 6 of 10
Some General Questions
What Right Has Any Public Agency To Acquire My
Property?
The Federal Government and every State govern-
ment have certain powers which are necessary for
them to operate effectively. For example, they have
the power to levy taxes and the power to maintain
order. Another government power is the power to
acquire private property for public purposes. This
is known as the power of eminent domain.
The rights of each of us are protected, however, by
the Fifth and Fourteenth Amendments of the U.S.
Constitution and by State constitutions and eminent
domain laws which guarantee that if a public
agency takes private property it must pay "just
compenstion" to the owner.
Furthermore, if the acquisition is covered by the
Uniform Act, the owner has additional protections,
some of which are explained in this booklet.
Who Made The Decision To Buy My Property?
The decision to acquire a property for a public
project usually involves many persons and many
determinations. The final determination to proceed
with the project is made only after a thorough
review which may include public hearings to obtain
the views of interested citizens.
If you have any question abbut the project or the
selection of your property for acquisition, you
should ask a representative of the Agency which is
responsible for the project.
How Will The Agency Determine How Much To
Offer Me For My Property?
Before making you an offer, the Agency will obtain
at least one appraisal of your property by a com-
petent real property appraiser who is familiar with -
local property values. The appraiser will inspect
your property and state his professional opinion of
its current fair market value [n an appraisal repdrt.
After the appraiser has completed his work, a
review appraiser wil check the work to assure that
the estimate is fair and the work conforms with pro-
fessional appraisal standards,
The Agency must offer you "just compensation" for
your property. This amount cannot be less than the
appraised fair market value of the property. "Just
compensation" for your property does not take into
account your relocation needs. If you are eligible
for relocation assistance, it will be additional.
What Is Fair Market Value?
Fair market value is sometimes defined as that
amount of money which would probably be paid for
a property in a sale between a willing seller, who
does not have to sell, and a willing bL~yer, who
does not have to buy. In some areas, a different
term or definition may be used.
The fair market value of a property is generally
considered to be "just compensation." Fair market
value does not take into account intangible
elements such as sentimental value, good will,
business profits, or any special value that your
property may have for you or for the Agency.
How Does An Appraiser Determine The Fair
Market Value Of My Property?
Each parcel of real property is different and there-
fore no single formula can be devised to appraise
all properties. Among the factors an appraiser
typically considers in estimating the value of real
property are:
~How it compares with similar properties in the
area that have been sold recently.
· How much it would cost to reproduce the build-
ings and other structures, less any depreciation.
· How much rental income it could produce.
Will I Have A Chance To Talk To The Appraiser?
Yes. You wil be contacted and given the
opportunity to accompany the appraiser on his or
her inspection of your property. You may then
inform the appraiser of any special features which
you believe may add to the value of your property.
It is in your best interest to provide the appraiser
with all the useful information you can in order to
insure that nothino of allowable value will be
overlooked. If you are unable to meet with the
appraiser, you may wish to have a person who is
familiar with your property represent you.
EXHIBIT "A" Page 7 of
When Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work
required to appraise your property. In the case of a
typical single-family house, it is usually possible to
make a written purchase offer within 45 to 60 days
of the date an appraiser is selected to appraise the
property.
Promptly after the appraisal has been reviewed
(and any necessary corrections obtained), the
Agency will determine .ust comP.ensation and give
you a written purchase offer in that amount along
with'a "summary statement," explaining the basis
for the offer. No negotiations are to take plaCe
before you receive the written purchase offer and
summary statement.
What Is In The Summary Statement Of The Basis
For The Offer Of Just Compensation?
The summary statement of the basis for the offer of
just compensation will include:
· An accurate description of the property and the
interest in the property to be acquired.
· A statement of the amount offered as iust
compensation. (If only part of the property is to
be acquired, the compensation for the part to be
acquired and the compensation for damages, if
any, to the remaining part will be separately
stated.)
· A list of the buildings and other improvements
covered by the offer. (If there ~s a separately held
interest in the property not owned by you and
not covered by the offer (e.g., a tenant-owned
improvement), it will be so identified.)
Must I ;Accept The Agency's Offer?
No. You are entitled to present your evidence as to
the amount you believe is the fair market value of
your property and to make suggestions for
changing the terms and conditions of the offer. The
Agency will consider your evidence and
suggestions. When fully justified by the available
evidence of value, an increase in the offer price will
be made.
10
3 4
May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to
represent you during negotiations, please inform
the Agency. However, the Uniform Act does not
require the Agency to pay the costs of such
representation.
If I Reach Agreement With The Agency, How Soon
Will I Be Paid?
If you reach a voluntary agreement to sell your
property and your ownership (title to the property)
is clear, payment will be made at a mutually
acceptable time. Generally, this should be possible
within 30 to 60 day§ after you sign a purchase
contract. If the title evidence obtained by the
Agency indicates that further action is necessary to
show that your ownership is clear, you may be able
to hasten the payment by helping the Agency
obtain the necessary proof. (Title evidence is
basically a legal record of the ownership of the
property. It identifies the owners of record and lists
the restrictive deed covenants and recorded
mortgages, liens, and other instruments affecting
your ownership of the property.)
What Happens If I Don't Agree To The Agency's
Purchase Offer?
If you are unable to reach a voluntary agreement
through negotiations, the Agency may file a suit in
court to acquire your property through an eminent
do. main proceeding. Eminent domain proceedings
ar~'often called condemnations. If your property is
to be acquired-by condemnatidn, the Agency will
file the condemnation suit without unreasonable
delay.
What Happens After The Agency Condemns My
Property?
You will be notified of the action. Condemnation
procedures vary, and you should learn the
procedures which apply in your case. The Agency
should be able to explain these procedures.
In most instances, when an Agency files a
'condemnation suit, it must deposit with the court
(or in an escrow account) an amount not less than
its appraisal of the fair market value of the property.
You should be able to withdraw this amount, less
EXHIBIT ;'A" Page 8 of 10
any amounts necessary to pay off any mortgage or
other liens on the property and to resolve any
special ownership problems. Withdrawal of your
share of the money will not affect your right to seek
additional compensation for your property.
During the condemnation proceeding, you will be
provided an opportunity to introduce your evidence
as to the value of your property. Of course, the
Agency will have the same right. After hearing the
evidence of all parties, the court will determine the
amount of iust compensation. If.that amount
exceeds the amount deposited b~, the Agency, you
will be paid the difference, plus any interest that
may be provided by law.
To help you in presenting your case in a
condemnation proceeding, you may wish to
employ an attorney and an appraiser. However, in
most cases the costs of these professional services
and other costs which an owner incurs in
presenting his or her case to the coud must be
paid by the owner.
What Can I Do If I Am Not Satisfied With The
Court's Date rmination?
if you are not satisfied with the court judgment, you
may file an appeal with the appropriate appellate
court for the area 'n which your property is located.
if you are considering an appeal, you should check
on the applicable time limit for filing the appeal and
consult with your attorney on whether you have a
basis for the appeal. The Agency may also.file an
appeal if it believes the amount of the judgment is
too high.
Will I Have To Pay Any Settlement Costs?
You will be responsible for the payment of the
balance on any mortgage on your property. Aisc, if
your ownership is not clear, you may have to pay
the cost of clearing it. But the Agency is respon-
sible for all reasonable and necessary costs for:
Typical legal and other services required to
complete the sale, recording fees, revenue
stamps, transfer taxes and any similar expenses
which are incidental to transferring ownership to
the Agency.
Penalty costs and other charges related to
prepayment of any recorded mortgage on the
property that was entered into in good faith.
Real property taxes covering the period
beginning on the date the Agency acquires your
property.
Whenever possible, ~he Agency will make
arrangements to pay these costs directly. If you
must incur any of these expenses yourself, you will
be repaid -- usually at the time of settlement. If
you later discover other costs for which you should
be repaid, you should request repayment from the
Agency immediately. The Agency will assist you in
filing aclaim. Finally, if you believe that you were
not properly repaid, you may appeal the decision to
the Agency.
....... ~lay I Keep Any Of The Buildings Or Other
mprovements On My Property?
/ery often, many or all of the improvements on the
property are not required by the Agency. This might
include such items as a fireplace mantel, your
favorite shrubbery, or even an entire house. If you
wish to keep any improvements, please let the
Agency know as soon as possible.
If you do arrange to keep any improvement, the
Agency will deduct only its salvage value from the
puFehase price you would otherwise receive. (The
sa~,age value of an item is its probable selling
price if offered for sale on the condition that the
buyer will remove it at his or her own expense.) Of
course, if you arrange to keep any real property
improvement, you will not be'eligible to receive a
relocation payment for the cost of moving it to a
new location.
Can The Agency Take Only A Part Of My
Property?
Yes. But if the purchase of only a part of your
property reduces the value of the remaining part(s),
you will be paid for the oss in value. Also, if any
,.-remaining part would have little or no utility or
value to you, the Agency will offer to buy that
remaining part from you.
EXHIBIT "A" Pa~e 9 of 10
Occasionally, a public project will increase the
value of a remaining part which is not acquired by
the Agency. Under some eminent domain laws,
when this occurs, the amount of the increase in
value is deducted from the purchase price the
owner would otherwise receive.
Will I Have To Pay Rent To '['he Agency After My
Property Is Acquired?
If you remain on the property after acquisition, you
may be required to pay a fair. rent to the Agency.
Such rent will not exceed that charged for the use
of similar properties in simil~.r areas.
How Soon Must I Move?
If possible, a mutually agreeable date for the move
will be worked out. Unless there is an urgent need
for your property (e.g., your occupancy would
present a health or safety emergency), you will not-
be required to move without at least 90 days
advance written notice.
If you reach a voluntary agreement to sell your
property, you will not be required to move before
you receive the agreed purchase price. If the
property is acquired by condemnation, you cannot
be required to move before the estimated fair
market value of the property has been deposited
with the court so that you can withdraw your share.
If you are being displaced from a dwelling unit, you
wi I not be ['equired to move before a comparable
replacement home is available to you.
Will I Receive Relocation Assistance?
Title II (Uniform Relocation Assistance) of the
Uniform Act requires that certain relocation
payments and other assistance be provided to
families, individuals, businesses, farms, and
nonprofit organizations when they are displaced or
their personal property must be moved as a result
of an activity which is subject to the Uniform Act.
The Agency will furnish you a full explanation of
any relocation assistance to which you may be
entitled. If you have any question about such
EXHIBIT "A" Page 10 of 10
assistance, please contact the Agency. In order for
the Agency to fulfill its relocation obligations to you,
you must keep the Agency informed of your plans.
My Property Is Worth More Now. Must I Pay
Capital Gains Tax On The Increase?
In most cases when a public agency acquires real
property for public purposes, the property owner
may postpone the payment of Federal capital gains
taxes on any profit from the sale if he or she
reinvests the profit in similar property within a
certain replacement period. To take advantage of
this right, you should fi e the details in a statement
with your Federal income tax return for the tax year
in which you realize the gain.
Internal Revenue Service (IRS) Publication 549
explains how the Federal income tax would apply
to a gain or loss resulting from the condemnation
of real property, or its sale under the threat of
condemnation, for public purposes. If you have any
questions about the IRS rules, you should discuss
your particular circumstances with your personal
tax advisor or your local IRS office.
I'm A Veteran. How About My VA Loan?
After your VA home mortgage loan has been
repaid, you wil be permitted to obtain another VA
loan to purchase another property. Check on such
arrangements with your nearest Veterans
~r~Administration Office.
Is It Possible TO Donate Property?
Yes. You may donate your property or sell it to the
Agency for less than its fair market value. The
Agency must obtain an aopraisal of the property
and offer just compensation for it, unless you
release the Agency from these obligations.
Additional Information
If you have further questions after reading this
booklet, contact the Agency and discuss your
concerns with the Agency representative. You may
wish to read the Federal Uniform Act regulations
which describe the acquisition and relocation
process in more detail. The Agency has a copy. If a
State or local public agency is carrying out the
project, you may, of course, contact the Federal
agency providing financial a~s. istance for the
project. ' '
Agency
Address
Office Hours
Person to Contact
Tele. No.
June 1988
HUD-1041-CPD (2)
Previous Edition Obsolete
9 10
~TATE OF FLORIDA
AGREEMENT FOR APPRAISAL SERVICES
COUNTY OF PALM BEACH
This agreement, made and entered into this . 2/ _ day of ~--~~,~, _,
1990, by and between the City of Boynton Beach hereinafter referred to as the
"Agency,', and Appraisal Fir~ of Johnson & Parrish, Inc., hereinafter referred to as
the "Appraiser,,,
WHEREAS, the Agency is in need of Appraisal services to perform certain services in
the area as outlined in the attached Exhibit A, and made a part of this contract, and
WHEREAS, the Agency proposes to acquire certain real property and desires that
tile Appraiser furnish the Agency certain services with respect to such
property, including an appraisal of each services and will furnish
services personally; and such
I~EREAS, the services to be provided under this Agreement are necessary to
achieve the purposes of Land Acquisition and the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (Uniform Act); and
WHEREAS, tile parties have' come to an agreement concerning the nature and scope
ofevidence services of same. required to effecn such proposal and do execute this docom~ent in
NOW, THEREFORE, for and in consideration of the mutual promises ~ covenants
conditions herein set forth , it is agreed as follows:
ARYICLE 1. Property To Be Appraised. A description of the real property to' be appraised, including
an identification o~ any Lnterests in the real property to be specifically excluded from appraisal,
are set forth in the attached Exhibit A. A separate appraisal is to be furnished for each" ,,
(Ihe term "parcel" means any tract or contiguous tracts of land in the .......... parcel.
~ tract consists of one or more platted lots or a fractional part of=~=a lot.~'ersazP'An eas~nen~Wnetb'eror btheranY
separately held interest in two or more parcels shall be considered to be a separate parcel for
appraisal purposes and an exception to the title to tha parcels so encumbered An easermnt in a
parcel that is appurtenant to another parcel to be acquired by the Agency snail be considered to be
part of such other parcel and an exception to the title of the parcel encumbered.) Each parcel shall
bestreets ~c°nsideredalleys,t° orinCludeotherallpublicright'rightstitle'of way.and interest of the c~ner in or to any adjacent or abutting
~=ARTICLE 2. Purpose and Basis of Valuations.
are(a) requiredPUrp°~ se ~a~..d ~Sz~if' 'ican? of Appraisals. The appraisals to be furnished · '
~y the ~gency zor its ~,~dance ~ -~ = .... under thzs agre~t
market value and the just ~-- ~ ~.u~ zazr an~ ~.partial determinations of fair
compensation to be offered to each property owner The Appraiser shall
be guided by those objectives when estimating valuas. Appraisal reports wiil be revie~=d carefully
by the Agency. Accordingly, the text of each appraisal report mast cover all matters germane to
the required valuation findings and mmst provide a full explanation of the Appraiser's reasoning
and his analyses of the evidences of value, so that a reviewer will be able to follow the Appraiser's
analyses and understand how he reached his valuation conclusions.
~) AoDraisal Standards: The appraisals under this agre~t shall be based on nationally recognized
aFprazsai stan~--~--~techniq~s to the extent that such principals are-consistent ~,~ith the concepts
of value and the rules on the admissibility of evidence of value under the eminent domain law of
~a State. Factors relating to race, color, religion, sex or national origin, or te racial, religious
are
, ~=u ~n co~nnectlon with appraisals, of residential real property.
{c) ~ate of Valuation. The Appraiser's vmluation s
.~tian O~iess the Agency has specified shao~11 be as of a date concurrent with the prepara-
other date of valuation.
(d) ~,OCct~iT~si~s ~t~ce' The Appraiser's analyses and opinions of property value sbmll not reflect
~t. - ....... u~ nne relocation payments and other assistance provided under Title II of the thiform
and
(e) Influence of Pro)ect on Property Value. In forming his opinion(s), the Appraiser shall
disregard any decrease or increase i~ the fair market value of' the real property to be acquired,
prior to the date of valuation, caused by the project for which the property ~ s to be acquired,
or by the likelihood that the property ~aid be acquired for such project, other than thau due
to physical deterioration within the reasonable control of the .
acquisition, using the before-and af ..... ~ ........ ~er (In the case of a partial
- L=~ ~,=~u~ u~ valuation the ~"rais--' ....
· ~M ur s oplnlC~ Ot Tile valu~
of the r~naining not-to-be-acquired porticn of the property shall reflect any /ncrease or decrease
in value attributable to the project.) If the ' '
deterrmunatlon of changes in value 'caused by the
project is a problem, the Appraiser's report shall cite the ruling followed and its source and
shall explain the effect of the ruling cn his opinion of value.
ARTICLE 3. Scope of Appraiser's Service,-.. -The Appraiser agrees to perfom the following services:
(a) Appraise each parcel and prepare and deliver to the Ag~ancy, within 28
after the date of this agreevmnt 3 -~_~ ........ calendar days
provisions of this a~e~P_nt ~~_~p_~,e~,oz ute appraisal reports conforming to the
· · o~ · ~= ,~FF=a~er snail personally /nspect each o ~]
- .ar---, .... u~u~ all
b,ulldlngs, s _uruatl=es,, fixtures, and other improvements to the property. The Appraiser shall give
the owner or kis designated representative an oppor~unit-y to accompany the Appraiser during his
detailed inspection of the property. If the cater of a compensable /nterest in the property or a
representative of suah owner does not acacrnpany the Appraiser during the inspection, the Appraiser
toShall includa in his appraisal report a copy of his notification to the c~ner of the opportunity
accompany the Appraiser and evidence of the owner's receipt.
inspecting the property, the Appraiser shall, to tha extent
a°lfl parties in possession and note for consideration all fac of suah notification. In the process
practicable, ascertain the rights of
by the owner or his re~rese~ta-= ...... -~ tual information and comnents fUrnished
r u~v~ rulev~l~t to the appraisal.
(b) Test/fy as an expert witness in behalf of the Agency in any judicial proceed/rig invol~ing
property appraised under this agreer~ent. Such '~ ·
any
set, cea shall Lnclude suah reasonable time as may
be required for reinspection of the property, updating the Appraiser's valuation, Participation
in pretrial conferences with counsel for the Agency, and testifying in the judicial proceeding. %he
ccupensation for such services shall be determined in accordance with Article 6.
it t s .re.po~t fu{n~ ?bed u~.der this agreement, without
- ~P p Lnclples o~ law with respect to the valuation .
of the property require the modification or supplementing of such appraisal, (2) material omissions
~naccuracies, or defects in the appraisal report are discovered after delivery and acceptance of '
the report by the Agency, or (3) the Appraiser receives or becomes aware of relevant additional
appraisal information in existence prior to the date the Appraiser signed tha report· If there
is a significant delay bet~-een the date of valuation and the date of acquisition of any parcel ~or
if the property has been materially altered since the appraisal by a fire, a revised determination
of the boundaries of the property to be acquired, or other cause, tha Appraiser shall, if requested
by the Agency, furnish the Agency a supplementary report updating this valuation and the supporting
determineddata and analysesin accordancet° a cnn~rentwith Articledate' %he6. compensation for such updating of an appraisal shall be
(d) Estimate tha value of any right or interest pr osed to '
appraised by the Auur~ =g~ ....... ~ ~ ~ op be reserved By the o~ner in a property
to continua ___ set ......... , ~=~nu for access to other property of the o~ner, the right
occupancy for an extended period after the Agency acquires the property, or the right
to remove any b_uilding, structure, fLxture, or other improvement. The compensation to be paid to
the Appraiser tor furnishing any such valuation shall be determined in accordance with Article 6,
(e) Consult ~jc~assthe A~encv and {ts legal counsel regarding services to be performed by the Appraiser,
~ntit.~tnet· ~h(s u~taYt~sm~,' ---~-~lly co.n. venient for. the parties to this a~reement The ...... ·
, ~nenever ne is in doubt as to -~---- . ~ _. ~up~a~ser shall
personal property or needs lezal advice on an~ ao-~2. ~= .~_~nner .an ~elernent ot property is real
agr~t~ There shall be no charge by any party for such consultations.
'~ ~ o~=~ u~ u~e appraisals to be furnished under this°r
-2-
AKrlCLE 4. Cout~nts o~
und~ .... un,s- ~e~t~pra~Sa~s~l~ c~~S'c~ ~ch appraisal re~t to ~ ~s~d by ~e ~r~s~
~ti~ ~d ~e ~pr~s~'s c~cl~i~s ~d
~, toget~r ~ the ~ ~d ~lyses by ~ch ~ey ~re ~v~, ~ set f~th ~1~.
A s~ate re~r~ s~ be ~tt~ f~ ~ch p~cel. H~r, ~ ~e ~ ~e ~cel ~ to ~
s~atea~ra~'a~ai~l:~l g~r~rts~y~ ~ ~cl~ ~ a se~ate ~ ~1~ ~t is ref~c~ ~ ~e
~i~ ~ folly:. ~ivi~l p~cels. ~e a~raisal re~t ~ ~ch ~cei s~tl
(a) ~ s~ h~ "~a~al ~t f~ (~ of' me ~cy)" ~t p~d~ ~ folly:
(1) ~J~ ~ ~d ~.
(2) ~te of ~ r~.
(3) P~cel ~r. ad~s of ~ ~er~, ~ief i~t~i~ti~ of all ~ter~ts ~ ~e
pr~ a~s~, ~d ~ ~ of ~e ~(s) ~cl~ ~ t~t-~ers.
(4) ~te(s) of ~e ~s~'s ~ti~ of ~e ~e~ ~ ~e ~(s) ~ ~e ~er's
des~t~ repres~tive, ~cl~ ~e ~ of ~ch ~ ~ repres~i~ of ~
~ ~ acc~ ~ ~ais~ ~ ~s ~specti~ ~d ~ ~ter~t ~ld ~ ~
P~ ~ ~ r~res~tive ~paci~ of ~ ~h ~rs~.
(5) ~e ~pr~s~'s estate of ~ fa~ ~t ~1~ of ~e ~t~e p~cel ~d ~e fa~
~ vai~ of ~e ~ ~erest ~ ~e ~d, ~ ~
.(6) ~ l~t~c~iti~ °f ~ appraisal, ~ch~y ~clude ass~ti~ (1) ~t ~e
l~e 1 t %~, ~ji) ~ no resp~sibili~ ~ ~db ~e
' ~ Y ~se ~r~t' · Y ~praiser
l~al d~ipti~ of ~e -- . . ~ ~ t~tle to ~e pr~, fiii5 ~
~sh~ to ~e ~pr~ser by ~e ~cy, ' =-~rer~ ~ ~ apprazse~,
zs c~t, ~d (iv) ~t no ~ey of ~e
pr~e~ ~s be~ ~de, ~Y o~er appropriate ~s~ti~ or l~t~ c~ ~y be
~ a~ ~ it ~s b~ spec~i~lly appr~d ~ ~it~ by ~e ~cy.
(7) ~e c~tifi~ti~ of ~e ~praiser (i) ~t he pers~tly ~ a t~r~h ~cti~
of ~ pr~, (ii) ~t, to ~e ~st of ~s ~le~e ~d belief,
~ ~ r~t is ~ ~d no rel~t ~d ~~t fac ,~~ C~ed
nei~er ~s 1 · . t ~ ~ ~tt "'
=~ ~ ..... ~ ~t n~ his C~at~ ~ ...... ~, (zzz) ~t
es~te ~t ~ R~=~{ ~f %~ ~==~' ~ pro~ective ~terest f~,.~:--
t~t ~d c~lict ~ ~y ~y ~ ~ se~ces ~fo~d ~ ~ ~ of ~
-~, -' ~ ~i~, ~ ~y o~er ~terest
~t~ r~rt.
(8) A c~tifi~ti~ ~t, ~ ~e ~praiser's ~i~, ~e fa~ ~t ~lue of ~ pr~ty
is (~ ~t to ~ s~ted) as~of (~e ~te of val~ti~).
(9) ~e S~e of ~e ~pr~ser.
~) ~e ~ ~d a~ess of ~e ~r of ~e prop~ty ~d ~e ~ ~d ~ ad.ess, if ~,
of ~o~r ~ ~ ~ belie~ to hold a sep~ate C~able ~terest ~ ~ pr~r~.
(c) ~e s~eet ad.ess ~ ~ ac~a~e ~~ of ~ch m~cel
a~ra~~ p~ ~scrip~ion s~ : z~u ~ %- ~' _~=! ~d all ~terests ~ ~e D~ce:
s~s, ~ res~ti~ ~fect~g ~ title. ~e pr~ ~s~ipti~ s~ll sp~ificall
~1~ ~d ~i~ ~y s~ately held ~t~est ~ ~ p~er~ ~t ~ ...... Y
~ ~ p~t of ~o~r p~cel. ~e ~scripti~ s~l ~so ~ecifi~ly ~cl~e all sep~ately
-~ ~o ~ ac~re~ sep~ately
meld ~terests ~ ~e not to ~ ac~r~ ~d ~11 not ~ ~f~ted a~sely
proJ~t. If ~re ~e ~y sep~ately ~ld ~terests ~ a p~cel, ~ ~e toby~ ac~edthe ~cy'~s
O~r ~terests ~ ~e s~ p~cel, ~h ~ l~eholds, t~t-~ned ~r~ts' l~e estates.
e~ts, ~d ~t~, g~, oil, ~ ~neral rights, a ~s~ipti~ of ~ch ~ch sep~ate ~terest
~ t~ ~ of its ~ s~ll ~ ~d,
-3-
(d) ~f~cord title information concernirm interest ·
not or record, such a~--ieases ~t~-- _ ~ ~ s or ~nstru,-nents that affect title, but are
, ~F ~u~ to renew a lease, contracts of sale, and other interests or
rights of parties in possession. Such information shall be reported, and if available facts are
· sufficient, the Appraiser's report shall be based on such additional title information and so noted
in the appraisal report. Otherwise, the Appraiser shall refer the matter to the Agency and defer
ccupletion of the appraisal ~til th~ question is resolved.
(e) Basic property data including pertinent inf
enwLrcrm~nt and locati ~ ~ ormatlon with res ect to
· on of t.~ pro err · P such matters as 1 t
or servlt · P y, (2) the zon and ' - ( ) he
udes affecting the available use ~r ....... _~ng~ _ a~.y r. estrlctzve covenants, cond~.~
real property and the current annual real estat
..... p~cy o~ the £and, (3) the assessed v~lue
property az time of a-~rai~ ........ : .e tax burden, (4) [he use and occupancy of the
~ o=~, %~/ nna pumi~c unprovernents, services, and utilities serving and
providing access to the prcperty, (6) the charact
(7) the freedc~ of the -~oDer-, f ..... . ~ . e~,, to.~p.ogr,aphy' dimensions, and ar of the land
the pr r · ~ , ~-? ~u~ ~pecla£ ~ZarGS ~) t~he c ea ,
ope t-y, !f rented, 9 the . , . urrent rental and rent ' '
of the mrooer~v --~ .~. ( )- ' .est.~mated~ annual costs or o~nershi . al his~to.ry of
=~.. :_t. i. -~' _~u ~.u/ a cescr~pt~on or the ~,~]~ ....... p and,for, operation and mauntenan
~,3, ~nciuanng relevant informatio~ ~ .... ' ~% ..... ~, ~ruauares, arm other immro . ce
and finish, equipment, ~ions,.floor .... w o~=~-~u, aes~gne~ use, construction materials
area, a~e, condition, epace or roan arrangement, functional
utility, and any other characteristics or attributes general°f the i,-Drovements germane to tb~ vel,ua of the
real property, th~Tha appraisal report shall contain as~etch
plat
any easen~nts ~.tha prLncipal imprcv~T~n~s on the land, the locationandof
shfywi~g
the
shape
rut[Lng streets, alleys, or other p~blic rights of ~y. The
report shall also include such photographs, each clearly identified, as may be appropriate.
(f) RmDort of any conditicn or occupancy of the property in violation of 1~,, that may affect the
value--o~ the property. ' .
(E) The ADDraiser's o~inion
as to the hi hast and
shall s~o ~lude the'AD~ · . ~ best use for the Drcoert~ ~
~r · . ~==i s opinions as to an - ... ; ..... ~FF~al r orr
easonably suitable or adaotab = r~ ~ ........ Y other,use(s) for %nlch the r err ' ep
use is not self-evident or' is ~d" =~= p£operuy is unuseG vacant land or the ~g%st %~Sbest
to differ significantly f-ran the present use, the appraisal
report shall contain the analyses by which the Appraiser reached his conciusicns as to the highest
forand ~ichbeSt usetheandpropertyaS to couldthe relatiVereasonablSuitabilitybe c s' or adaptability, of the property for any other use(s)
a potential use s~all incl ~^.~Y..._ ~ ~d~ed to be su~table or ada table
. ude ..... ~u=~=u~ or re£evant matters, such aS th ~ lysis of
location, the en~. ~r~t_and t~he. legal and physical attributes ep suitabi Y%~of the
estimated cost, l~ any, o~ corrvertip~ the prOperty to such use, the prOperty for such use, the
and relative desirability of and the supply, sale price levels,
other properties that would con. ere for the s~ne k~na ~f
analysis of the property for the future use or uses found to'~ ....... - -- o use. /he
of the process of appraising the property and, therefore, u= u~ n~gpast and best use is part
furnished in accordance with Par~raph 4 (h) below, may, be included in the valuation analysis
(h) The opinion of the APPraiser as to the fair
shall-contain a description of rl~a -- · i~.r market value of the proDert ·
as to value o-~ -~ = f - ~ r~asonLng process used b,, ~x ..... '_, .,~uv../~n.e appraisal report
~ .... ~,~ =~_ ~aua an~ analyses needed ~ =~-: .~ ~,= ~a~ser Ln reachin~ his
..... ~ u~u appralsa£ report shall in-~;,~=- ~- -~-T$~=~o~,. lne supporting_
(1) An analysis of the property, fran the point of view of evaluating the effect of its
characteristics and attributes on its value for the available use or uses for ~ich the
propertythe propertyiS beStmostSUited.relevant. Particularto its value,attenti°n shall be given- to the characteristics of
t~ intone potential ~-~nd the expenses of such as, in the case of an inves~r~nt property,
cxenership, maintenance, and operation. '
(2) An identification of the most recent sale of each property appraised and any other sales
of such property durL~.g the last (5) years preced[~4~ r~he appraisal. Such sale(s) of
the propert~ appraised and all recent sales of cccDarable properties considered by the
Appraiser in form3kng his opinion(s) of fair market' value shall be %~rified insofar as
practical. The information furnished with respect to each such sale shall include,
among other pertinent facts, the names of the grantor and grantee, the date of the
sale, th~ sale price, any special terms or conditions or circurp.~tances of the sale than
affected the transaction, and a description of the Preperty ~nd its condition at tL~e of
sale in sufficient detail for use in making the a. ppraisal.
-4-
(3) The analyses that constitute the principal basis for the Appraiser's opinion of the fair
markat value. ?ne appraisal report shall contain the Appraiser's evaluation with respect
to previous sales of the property appraised and any recent offer of the owner to sell the
property.' The appraisal report shall also contain the Appraiser's anal sis
y of each
cc~parable property and its sale in relation to the property appraised. Ihe Appraiser's
analyszs shall reflect approprzate allc~nces for the difference in the time of the sale
of the comparable properties and the date of appraisal and the difference~ in the utility,
i~zr_abil~ity, and.pr?uctzv~ty, o,f, the pr?perties that are pertinent to their relative
ua. zne apprazsai report snail contain a valuation data map showing the location of
the property appraised and the cc~parabte properties referred to in the appraisal report.
(4) All ~other .information, analyses, and estimates considered by the appraiser to be relevant
to tn~ estnnaticn of the fair market value of the property.
(5) If the property appraised is part of a larger parcel in th~ same ownership or is less than
the entire interest of the c~ner in the property, the appraisal report shall contain the
Appraiser's opinion of just ccrrpensation for a takipg of such property or interest,
using the before-and-after method of %~luation as interpreted under State law unless it
is obvious that there %ould be no damages or benefits to the remaining property or
interest of the c~ner. However, if .the part or interest to be taken is such a snail
part of the whole property that tha dmnages for t_ha taking can be r~re accurately
estimated directly, that method may be used if permitted under State law, without
estimating the fair markat value of t_ha entire property of the owner. The foregoing
opinions of the Appraiser shall be supported in his report by the data and analyses by
which he reached his conclusions.
For information purposes, the appraisal report shall also contain the Appraiser's estimates
of the fair market value of tb~ to-be-acquired.part or interest as part of the whole
p~ropertyl and the net damages or benefits to the rem~a~ property of tha
the opinion of. the Ao raiser c o . . ·
. _ · . ..P. , a qu~sztzon of the part of, or znterest in the property
proposed ~or acqu~szt~on vamald leave the cwner with an uneconomic ravnan~ the Appraiser
shall furnish a separate estimate of the fair market value of a "parcel" gcr~prising both
the Parcel proposed for acquisition and the %meconcrnic rannant. (A remainder parcel:
or interest shall be considered to be an uneconcrnic resnant if by itself it has little
or no utility or value to the owner.)
(6) Such maps, plans, photographs, or other ~hibits, as necessary, to explain or illustrate
tha analyses of the Appraiser.
(7) The Appraiser's evaluation of the indications of value deduced from his separate analyses
of the various evidences of value and an explanation of hcw he reached his final
conclusion as to the fair market value of the property.
(i) The o~inion of the Appraiser as to the fair market value of the land, as if vacanl . The
valuation ~hall be for th~' sar~ interest in the land as is to be acquired in the real property.
The report shall contain information with respect to tha available use or uses for which the
land would be suitable if vacant, the opinion of the Appraiser as to its highest and best use,
and the Appraiser's analysis of the evidences of value and of the use potential by which he
reached his conclusions as to the highest and best use of tha land and the land value.
(j) A property analys_j_~sis if the property is a ccn~nercial, industrial, institutional gover~mntal,
or farm property tha~ znvolves substantial quantities and '
~kinds of fixtures such as machinery
and equipment. Jny building, structure, f£xture, or other inprovement, which ~,~uld be real property
if c~aned by the cr~ner of the land, shall be considered to be real property (even if the improvement
~is,~i~%.~P_r~ope~ .t~.of a t?nant wix) hms the right to r~.e it or the obligation to ramove it at the
~-~ ~on oz n~s term). ?ne property analysis mast be aDproved by the Agency before the appraisal
completed and, as approved by the Agency, shall be included as an exhibit in the Appraiser's
report. The property analysis shall list, identify, and classify as to ownership and type of
improvement, all items of ~hysical property considered to be part of the real property. ?ne
property analysis shall also identify tangible personal property located on the premises to the
extent reasonably necessary to prevent misunderstandings as to ~at is regarded as being real or
Personal property. BuildL~gs, structures, fixtures and other improver~cnts, including their accessories
-5-
and spare parts, shall be identified and classified as to c~nership and type or property a~ follc~zs:
(1) .O~n. ershiR'
(i)' Owner of the land.
(ii) Each tenant in occupancy.
(iii) Each r~n-occupant c~ner of any fixtures or other improvements, or personal
property on the premises.
(2) Type of property.
(i) Building, structure, or fixed impr~t.
(ii)' Building equipment, rmn~vable.
(iii) Fixtures, classified as to whatber economically ran~vable for reuse, removable
for salvage only, or irremovable.
(iv) Personal property, identified as to types and approximate amotmts, or otherwide,
as needed to prevent misunderstandings as to t_ha classification of any item.
If any building, structure, fixture or otbmr improv~nent is not to be acquired, will not be adversely
affected by the Agency's project, and will not be required by tiaa Agency to be r~ved, such as a
pipeline~£om the appraisal, in an easanznt not to be acquired, such improvement shall be identified as exaluded
~ gt~ry and e?i.~msnt or other fixtures used ina trade or business, farm ooera'ti~ mr
t or gove~mntal function constitut~ part of the real property, tb~ appr~sal ~o~i
shall.contain a separate schedule which provides separate estimates for each such item, as
prescribed below. If there is more r~n cne owner of suah items, a separate sc~mdule shall be
furnished for each owner. The information and conclusions to be furnished on each item are as
follows:
(1) 5ascription of the iten, including, as appropriate, the manufacturer, a~del and serial
number, size or capacity, age and condition, and da ee of ob
and spare parts, special fonnda '~ ~ ~ . gr , solescence. Accessories
shall be listed separately fol~Z~.°~s~' ~ ~_.~o~{~. w~r~zng, an~ process piping generally
.... ~ u= ~zs[zng o= tna it~n(s) to ~ich t/nay apply.
(2) Estimate of t_ha replacement cost installed of t/~ item as ~listed and identified (excluding
any elements listed separately). Separately identify the basis of estimated replacement ·
cost (new or used).
(3)property%he contributiveas a ~ole.(enhancan~nt) value of the item to the fair market vmlua of the real
(4) Estimated fair market value of the item for res~gal frem the property at a purchaser's
expense. Such value shall be considered to be th~ probable selling price if the item
were offered for sale for removal frc~n the property at the purchaser's expense, allcwing
a reasonable time to fi~ a p~rchaser buying with knowledge of the uses and purposes
for %~%ich it is adaptable and capable of being used, including salvage for serviceable
ccrrponents and scrap ~an it appears that will provide the highest value.
The schedule(s) of'estJ3rmres shall be consistent,
as provided in Paragraph 4 (j). The Appraiser is with the property analysis approved by the A~enc
permitted to use the service~ of such technical y'
speciali~ ts as may be needed to enable the Appraiser to provide valid estimates and sound valuations. ~
Ihe schedule(s) shall be supported by an explanation of t_ha procedures followed in gathering the
necessary market information and tecknical data. The principal purpose of the ~ppraiser's acccrapanying
narrative, hcwever, must be to explain his analyses and his evaluations of the Collar amount of the
overall ccntribution of the machinery, equipment, and fLxoares to the fair market value of the real
property as a %~ole. /he report shall contain any layout plans, sketches, or ~Potographs that are
-6-
reasonably necessary for locating or identifying the facilities or illustrating the Appraiser's
analyses.
(1) If th~ere are geparatelv held interests in the real property to be acquired, such as easements,
.leaseholds, air rights, lif~ esnaces, and oil, gas, or mineral rights, and the division of
is not.of .such character as to destroy the practical unit of . ownership
· apportion his estimate of th~ fair msfru ..... ~._ _= .~_ y . the property, the Appraiser shal
be ac ~ v=~u= o~ ,ue ro er all ' · 1
quired) -to each senara~]~ ~=~ ~ .......... P P ty ( ~nterests zn the Dronmr~, ~
in accordance with Paragraph 4 (m) below. ) The= report shall contain the data 1
rea~s0ning by which the Appraiser made tha a .... ~ · _~_ ~= .i ,. , ada yses, and
PP le because the division of . . __- _ , .t rule is regarded as n
proper as a who .cwnership is such as to diminish the fair ot
ty le, the separate ~nterests involved h:]] ~ ._, ..... mar~ket valt~ of the
s~ ~= ,~FF~.~u. sea separately.
(m) Tenant-c~ned im~roverm~nts. If any building, structure, fixture, or other improv~nent to the
property is identified as being tha property of a tenant who has the right or obligation to remove
it at the expiration of his term, the Appraiser,s estimate of the fair market value of the improve-
ment shall be the greatest of (1) the az~munt which the improvement contributes to the fair market
value of the property, (2) the in-place valua of the imprcrv~mx~t as part of the real property
(the dePreciated replacen~nt cost of the improvament installed), or (3) the fair market value of
_~t~_,~improv~_n. t ,for.r ~e~val. from the property at the chaser's
~ma£1 state tha DaslS i~r tha ---~- ~-' ~ ¢ . put expense. The appraisal report
w v~zuauzon or the lmprov~ent and furnish the data and analyses on
· which the valuation was ~ade.
(n).If the_ property, is a nuitifam_ily or mixed-usn (residential and nonresidential), property' and
an c~ner or a cc~pensable in~-erest in the propert~ also occupies a dwelling in the property, the
Appraiser shall furnish an apportiorrnent of his estimate Of the fair market valua of the whole.
property to su~k dwelling and to the remainder of the property. For the purpose of this paragraph,
an occupant of a dwelling shall be considered to c~n a compensable interest in the property if
· he holds fee title· a life estate, a 99-year lease, or a lease with not less than 50 years to run
· frc~ the date of valuation, or holds an interest in a cooperative housing project which includes
the right to occupy the dwelling, or is the contract purchaser of any of the foregoing estates or
interests, or bas a leasehold interest with option to purchase. The Appraiser's report shall
explain how he made the apportiormm~t.
A~FICLEfollc~ing:5. Services To Be Provided by Agency,. The Agency agrees to furnish the Appraiser the
(a) A mad or pla~t, based on official records, of th .
b.ou~, ~ie~ and ch~nensions of .e pr. operty dascr~bed 'in Article · _
nLrnber, and -~ ........ the, parcels .to be appraised Each ..... ~ ........ 1, sh..cj~ng the
numbers sho~n on the map or plat. However, additional parcel numbers may be assigned by the Appraiser -~ ~=~ s reports shall correspond to the parcel
for eas en~ents ·
The Appraiser -a~pp~r~a!sed se?arat, e.ly or~ for additional parcels revealed w~_ile making the appraisals
s~laii promptly a~vlse the A~encv of ....... = .... .
CD) An ownership data report for each parcel. /hat report will show all estates and interests in
the p~cet as sh~n of re~or~ and consequently shall not be assuned to accurately define the
interests to be appraised. The cwnership data report on each parcel as sho~ on the parcel map will
include:
(1) %he name (and address, 'if available) of the c~ner appearing on record;
(2) cr~erThe legalacquireddescriptiontitle; of the parcel as shown by the conveyance(s) by %~ich the record
(3) Ident!flcatlo.n of th~ conVe~sY~;ce(s)by ,wh~ch the present cx~ner acquired title, including:
the date of the conveyance(s) the date book and page nunbers, and place of recordatic~;
the nan~ (and the address, if available) of the grantor of such conveyance; the stated
consideration; the amount of any mortgages or encunbrances placed of record or to which
title was subject at time of conveyance (so far as determinable frown an examination of
the conveyance): and the arrogant of any State or local transfer taxes that were based on
the amount of the consideration;
(4) Outstanding estates and other rights or interests of record, includina easements, use
-7-
res~rzctlons, mineral rights, leases, and any known, but unrecorded, interests of other
parties. Sufficient information shall be furnished to disclose the probable effect of
such outstanding interests on the title of the record owner;
(5) Outstanding special assessments, if any, for public improv~Tmnts such as streets, sidewalks, · public Utilities, and similar public facilities;
(6) 2he amount of real estate taxes for the current year and the assess'ed valuation stated
separately for land and for improvenents.
(c) Legal advice, .upon request of the Appraiser, on legal matters affecting the appraisal of any
property [o be appraised.
ARTICLE 6. Payment. In consideration of the services provided by the Appraiser under this agreen~_nt,
the Agency a~r~es to make payments to the Appraiser upon the submission to the Agency of properly
certified invoices, as follc~s:
(a) For appraisal reports accepted by the Agency, and for all other services furnished in accordance
with Article 3, except services furnished in connection with judicial proceedings under Paragraph 3Co),
the updating of appraisals under Paragraph 3(c), and the valuation of reservations of rights in
ownars under Para~aph 3(d), the lurp stun of $4,800.00 dollars, which shall ccnsti~ute full
payment to the Appraiser for all of such serv{ces and for al][ supplies, materials~ and equipment
performanceused or furnished of such by services, the Appraiser and all expenses incurred by the Appraiser in connection with the
(b) For services furnished by the Appraiser in connection with judicial proceedings as provided in
Paragraph 3(b) (except services as an expert witness in sUch a proceeding), th~ updating of appraisals
as provided in Paragraph 3(c), and the valuation of reservations of rights in c~ners as provided in
Paragraph 3(d), $100,00 dollars per hour or fraction of an hour actually engaged in
performing the services, including travel timm. All expenses of the Appraiser, including travel
expense and subsistence, shall be borne by the Appraiser.
(c) For services as an ex~ert wit-ness for the Agency in judicial proceedings as provided in
Paragraph 3(b), _r~,e AppraiSer and the Agency hereby agree that the fair and reasonable compensation
for the Appraiser s services shall be $800.00 dollars for each day's attendance in court.
~_.~C~E 7.._,Agre .e~_nts of Ap. praiser. As an inducavmnt to the ,execution. of this agreement by the Agency
~n consz~eratzon of r_he agreements to be performed by the agency, the Appraiser agrees that:
(a) ~ualifications. 2he Appraiser is qualified to perform the services to be furnished under
this agreavmnt and is permitted by law to perform such services, and all personnel engaged in the
work shall be qualified and so permitted to do the ~ork they perform. Attached as Exhibit B, is a
statement by the Appraiser, certified by him to be true and correct, setting forth his technical
qualifications, general appraisal experience, specific experience in appraising properties of the
type involved in this agreement, the courts in which he has testified as an expert witness and other
information pertinent to establishing his technical qualifications. '
(b) .Solicitation of Agr~ eement. The Appraiser has not employed any person to solicit this a
and has not made, and Qil~f ~ make, any payment or any ao~ee~ent ~- ~ .... gree~_nt
~ ~ ~ ~ paymant o~ any CCnTnission,
percentage,this agreement, brokerage, contingent fee, or other compensation in connection with the procurement' of
(c) Interest of Ammraiser and Appraiser's Em?,lo~. The Appraiser does not have any interest
(incl~ing that of~ ~eal estate agent or broker) direct or indirect, present or prospective, in
any property described in Article 1 or in its sale, or any other interes
with the property, which ~uld conflict in any manner or degree with thet-'e~ether or n_ot in connection
p zormance of the services
and the submission of irpartial reports, and has not ~nployed and will not ~ploy, in connection with
tha sezxrices to be furnished under this agreement, any person having any such interest. Until the
property is acquired by the Agency or excluded from its project by resolution of its governing body,
the Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser,
will~ not acquire any such interests and will not, for their own account or for other than the Agency,
negotiate for any of the property, perform services in connection with the property, or testify
voluntarily as a witness in a condemnation or other 'proceeding with respect to the orooertv.
-8-
(d) Services To Be Confidential. All services, including reports, opinions, and information, to be
furnished under tlnis agreement are confidential and shall not be divulged, in whole or in part, to
any person, other than to duly authorized representatives of the Agency, without prior written
approval of the Agency, except by testimony under oath in a judicial proceeding or as otherwise
required by law. The Appraiser shall taka all p~cessary steps to ensure that no member of his staff
or organization divulges any suah information except as may be required by law.
(e) Facilities and Personnel. The Appraiser has and will continue to bare proper7 facilities and
personnel to perform the services and work agreed to be performed. If the Appraiser proposes to
employ any person or persons to make any appraisals of machinery and equipment or other specialized
~rl~ernst~rfoart~t%s~°fs~ ~.~%ta~.a~s~e~d~un,.,~de_r_..th~i_sjagreemen,t~, the e~plo_yr~nt of such person
~e~l.eve the Apprazser of full responsibility for the faithfu] ~%~-~i'-__-2-=-L ---- -:~z==,,
rurn~shed under this agreement ~ ~=~u~:~u~ o~ r_ne services to De
(f) ~Equai Emp, loyment Opportunity. During t-he performance of this agreement:
(1) The Appraiser will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Appraiser will taka
affirmative action to ensure that aoolicants are ~nployed, and that employees are treated
during evployment, without regard t~' their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: ~loyment, upgrading,
derr~tion, or transfer; recruitment or recruitn~nt ad~zertising; layof~ or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Appraiser agrees to post in conspictxm~ places, available to
enployees and applicants for a~ployment, notices to be provided by the Agency setting
forth the provisions of this nondiscrimination clause.
(2) The Appraiser will, in all solicitations or advertisements for 6r~ployees placed by or on
b~ehalf .of the Appraiser, state that all qualified applicants will receive consideration
~or ~-pio)rnent without regard to race, color, religion, sex, or national origin.
(g) Assizrrrmn~. %he Appraiser's rights, obligations, and duties under this' agreement shall not be
assigned ~n ~-hote or in' part, but this shall not prohibit the assig~nent of the proceeds due under
this agreement to a bank or financial institution. This agreement may be assigned by the Agency to
any corporation, agency, or insrrumentalit-y braving authority to accept the assignment.
(h) Subcontracti,~z. ,~k~ne of the work or services covered by this agreement shall be subcontracted
without the prior approval of the Agency.
(i) Records. The Appraiser shall maintain records of all details with respect to the services to
be perrorr~d u~.der t_his agre~nent, including one complete copy of each appraisal report and related
notes, for three (3) years after delivering the report or until the property is acquired by the
Agency or the acquisition is abandoned, whichever ~s later.
(j) Affidavits cf Coroli~nce. The Appraiser ~ill. if requested by the Agency, furnish the Agency
affidavits certifyz~-Lg comp. liance with the provisions of this Article 7.
A-RI~ICLE 8. CP.~_nmes. The A~ency, by written no~ice to the Appraiser, may m2dify the scope or quantity
of the services [o be -6zrrli~hed under this azreL~nt. If such changes cause an increase or decrease
in the arDunt o~ services to be provided by ~he ;ppraiser or in the time required for their performance,
equitable adjusn~_.ent shall be made in the provisions of this agreement for payments to the Appraiser
or for the tiv~ for performance of the services or for both, and this agreer~nt shall be modified by'
agre~n~nt of tke parties !accordingly.
ARTICLEfulfill 9.in Te-~r-ip~ti~~,. ~ of ;~reement for Ca,use. If, through any cause, the Appraiser shall fail to
~e~.atnae' eanYtheOr~' ~h~' ~v~_~roper. . ,mm/zqer. his obligations unde~ thi~ agreement, or if the Appraiser shall
t tp ~o~nf of.thzs~agre~nu,, t~,e Ag.e.n. cy may upon written notice to the Ampraiser
- s u~e nppra~ser [o procee~ un,er this agreement or with such part or pa~ts of
the agreement as ~o ~ich there has been default, and may hold the Appraiser liable for any damages
caused ~o the Agency by reason of such default and termination. In the event of such termination,
any ccupleted reports prepared by the Appraiser under this agreement shall, at the option of the
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fAgency, beccme its property and the Appraiser shall be ~titled to re · '
or ~ ~ork cc~pleted to ~e sa _ ..... ce~ve, equttable compertsatiom
be relieved of liabi~ ........ ~tisfacti?n o.f the Ag~,cy: The Appraiser, hc~ever, shall not thereb
-~ ~u u~ ~gency tor cmmages sustained by the Agency by reason of any breach y
o.f the agreement by the Appraiser, and the Agency may withhold an
.the puzpose of setoff · , y payments from the raiser
· until such time as the amm~nt of App for
c~t~md· The raiser s ~d~mages aue the Agency frctn the Ap raiser is
App hall not be held liable for ~es ............ P
,~ ,~ r_nAs Article solely for reasons
of delay if the delay is due to causes beyond his control and without his fault or negligence, bu:
this shall not prevent the Agency from terminating this agreement because of such delay.
ARTICLE 10. ~.terest of Members of Agency. No n~rnber of the Agency shall participate in any decision
relative to s agreement affecting, directly, or indirectly, his personal interests. No sttch
n~srber and no other officer, agent, or avployee of the A~enc ha '
in co~cti · o Y vzng any re onsibili
on w~th this agre~nent shall have any private interest, clLrect orSPindirectty or function
, in this
agrec-~ent or the proceeds of this agreement.
ARR~CLE 11. Officials Not To Benefit. No Ymnber of or Delegate to the Congress of the United States
of ~-rica, ar~no Resident C~ssi--ormr, shall be admitted to any share or par.~ of this agreement
or to any benefit to a~ise from the
ARTICLE 12. Notices. Any action by the~ A~e~ncy under this e t b
_City Manager~ E. Boynton Beach 'Blvo.. ~ovntonag~o~ ~Y ~qa~ by J. Scott Miller,
other Oerson~s~ as ~ ^ ..... ,? . . ~ ~ ~ ~", ~'~ 33~33 .or sugh--
...... ~uy may, oy wrztt'en notice to the Appraiser, designate for suah purgose.
All no~icas to the Appraiser shall be considered to be properly given if mailed to the address
specified below, or delivered personally ~o the Appraiser. All notices or other papers given
to the Agency sb~ll be considered to be sufficiently Miven if mailed
..C. ommuni~t¥ Improvement Dept. , 100 E. B~ynton ~each ~,H' .~po~?~t~e~
or [o SUCh other representative o~ ~' .... -' ~.. _ %~,~
~ ~=~ as cue Agency may Cesigna~e to the Appraiser in .... '
ARTICLE 13. Attorney Fees. If the agency incurs any expense in enforcing the
terms of this Agreement whether suit be brought or not, the Appraiser agrees to
pay all such costs and expenses, including, but not limited to court costs, interest
and reasonable attorney's fees at trial and appellate levels. '
ARTICLE 14. Indemnification of Agency. A. Appraiser shall indemnify and save
harmless and defend Agency, its agents-, servants, and employees from and against
any claim, demand, or cause of action of whatsoever kind or nature arising out of
error, omission, or negligent act of Appraiser, its agents, servants, or employees
in the~performance of services under this Agreement.
B. Appraiser further agrees to indemnify, 'save harmless and defend Agency, its agents,
servants, and employees from and against any claim, demand, or cause of action of
whatever kind or nature arising out of any conduct or misconduct of Appraiser not
included in paragraph (a) above and for which the Agency, its agents servants or
employees are or alleged are to be liable.
~A~R~TI~E !5.. In~su.~ance. The C~sultant shal~ secure and n{aintain
~ne ou~faElon o~ th~s agreement cX~mprehensive ~eneral liabii~y insurance~~i!iiiwi a minimum
cove~rag~-of $500,00~mbined sin~ limits fo~-~ersonal i~ and $50,000 c blued
sing~le.l~its fo~ prop~-~y damageT~The Consulta~ shall alSOcl~es~cintain in force rrors
and ,Om. isuZu insuranc~ l~the amount~f $250,000.kCertificates
tb~isthalgreSeemCe~? shall be ~llv~re~o ~ City wit~x fifteen (15)~,da°~serO~ executio~a oedf
-10-
16.
Notices. Notices to the City of Boynton Beach shall be sent to
the following address:
Community Improvement Department
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL. 33425-0310
Attn:Johnnetta Broomfield
Notices to Consultant shall be sent to the fol%o~ing address:
J. Kenneth Parrish, SRPA, ~i~I
Appraisal Firm of Johnson & Parrish, Inc.
4411 Beacon Circle, Suite 4
West Palm Beach, FL 33407
17.
Integrated Agreement. This Agreement, together with attachments
or addenda, represents the entire and integrated agreement
between the City and the Consultant and supersedes all prior
negotiations, representations, or agreements written or oral.
This agreement may be amended only by written instrument signed
by both City and Consultant.
DATED this ~/ day of
fgnature GENE MOORE, MAYOR
APPRAISAL FtRMJOF JOHNSON & PARRISH,
Co~s~ ~.t~t
Title
Attest/Authenticated:
Approved as to Form:
~SU~"~'~F-F'~SUg/ANNE M. KRUSE~, C~~--~
Office of the City Attorney
EXHIBIT "A" - Page 1 of l0
CITY OF BOYNTON BEACH
COMMUNITY IMPROVEMENT DEPARTMENT
EIGHT VACANT PARCELS - SCATTERED SITES
2. LOCATION:
P.C.N.:
APPROXI}4ATE LOT SIZE:
3,LOCATION:
P.C.N.:
APPROXIMATE LOT SIZE:
11. LOCATION:
P,C.N.:
APPROXIMATE LOT SIZE:
14. LOCATION:
P.C.N.
APPROXIMATE LOT SIZE:
16. LOCATION:
P.C.N,:
APPROXIMATE LOT SIZE:
17. LOCATION:
P.C.N.:
APPROXIMATE LOT SIZE:
18. LOCATION:
P.C.N.:
APPROXIMATE LOT SIZE:
20, LOCATION:
P.C.N.:
APPROXIMATE LOT SIZE:
N.E. 10th Avenue
08 43 45 21 27 001 0250
50' x 150' = 7500 sq.ft.
N.E. 13th Avenue
08 43 45 21 21 000 0360
50' x 140' = 7000 sq.ft.
N.E. llth Avei]ue
08 43 45 21 22 003 0012
50' x 150' = 7500 sq.ft,
N.E. llth Aventte
08 43 45 21 22 003 00!1
50' x 75' = 3,750 sq. ft.
207 N,E. !2th Avenue
08 43 45 2! 20 003 0140
84' x 95' = 7980 sq.ft.
N.E. 13th Avenue
08 43 45 21 21 000 0110
50' x 120' = 6000 sq.ft,
118 N.W. 12th Avenue
08 43 45 21 20 006 0050
50' x 105' = 5250 sq.ft.
N.W. 12th Avenue
08 43 45 21 14 000 4520
50' x 104' = 5200 sq.ft.
APPRAISA.DOC
9/6/90