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HomeMy WebLinkAboutResolution - 111876D - Contract For Acquisition Appraisal Review - Harold Kelley - Canyon Lakes - 11_18_1976J:lb /(f RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and lrected to execute for and on behalf of the City of Lubbock a Contract for Ac- xisition Appraisal Review Services in favor of Harold Kelly, attached here- ith which shall be spread upon the minutes of the Council and as spread upon Le minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. assed by the City Council this 18th day ofyovembpr 1976. qtAw ROY BASS, MAYOR D AS TO FORM: red O. Senter, Jr.,, City/attorney CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES This Agreement, entered into this 18th day of November , 1976 by and between THE CITY OF LUBBOCK, State of Texas; hereinafter referred to as the "City", and HAROLD KELLY hereinafter referred to as "Reviewer". WITNESSETH: WHEREAS, the City proposes to acquire certain real property (more particularly described in Article 2 of this Agreement) and desires that the Reviewer furnish the City certain services with respect to such property, including the review of appraisals of each parcel comprising.part of such property, and the Reviewer re- presents that he is fully qualified to perform such services and will furnish such services personally; and WHEREAS, the services to be provided under this Agreement are necessary to achieve the purposes of Canyon Lakes Land Acquisition; Phase [Land the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; Public Law.91-646), hereinafter referred to as the "Act": NOW, THEREFORE, the City and the Reviewer, for the consideration and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. APPRAISALS TO BE REVIEWED. The appraisals of the real property to be provided the Reviewer shall contain descriptions thereof and the interests or estate appraised therein, including identification of any interest in the real property specifically excluded from the appraisal. Attached hereto in Exhibit "A" and made a part of this Agreement is a list of the descriptions of the real property appraised for which reviews are to ' be performed. ARTICLE 2. PURPOSE AND BASIS OF REVIEW APPRAISALS. 2.1 Purpose and Significance of Reviews. The reviews of appraisals hereunder are required by the City for its guidance in making fair and impartial determination! .of fair market value and just compensation to be.of_ferad-to each property owner. The text of each appraisal review report must cover all matters germane to the re- quired valuation findings and must provide an explanation of the Reviewer's reasonini in establishing the recommended fair market value. 2.2 Concept of Value. The Reviewer's opinion of the fair market value as contained within his review report shall be in accordance with the definition and concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State of Texas. 2.3 Date of Valuation. The Reviewer's conclusion of value shall be as of the date of the preparation of the appraisal report reviewed. 2.4 Relocation Assistance and Payments. The Reviewer's analyses and opinions of property values shall not reflect any consideration of or allowance for relocatio assistance and payments provided under Title II of the Act. 2.5 Influence of Project on Property Value. The Reviewer shall disallow any decrease or increase in the market value of the. real property to be acquired prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, other than 'that due to physical deterioration within - the reasonable control of the owner. In the case of a partial taking, the Reviewer shall allow any increase or decrease in value attributable to the project for the remaining not -to -be acquired portion of the property... ARTICLE 3. SCOPE OF REVIEWER"S SERVICES. The Reviewer agrees to perform 0r� following services; 3.1 Review of Appraisals. Review each appraisal of each parcel as listed in Article 1 of this Agreement and prepare and deliver to the City one copy of the report, within the number of calendar days specified for each parcel on the'attache Exhibit "A". The number of days specified for each parcel is to commence upon the receipt of the acquisition appraisal by the Review Appraiser. 3.2 Property Inspection. Personalty inspect each of the properties in ac- cordance with each of the appraisal reports which have been furnished hereunder. The Reviewer shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Reviewer, or to have his designated representative ac- company the Reviewer during his detailed inspection.pf. the.property. 3.3 Valuation Date. Make such investigations, studies; and property inspec- tions as,are appropriate to enable the Reviewer to•determine the accuracy and adegL of the appraisal reports reviewed. The Reviewer shall verify the comparable sales contained within the appraisal reports relied upon by the appraiser in forming his opinion of the fair market value of the property appraised. Such verification sha_1 include an inspection of the sale property,which has been included in the appraisal report as comparable to the subject property. 3.4. Corrections of Delivered Appraisal Reports. The Reviewer shall require the appriaser to make all necessary corrections in the reports submitted, particulz those needed to ensure substantial consistency in the factual date contained therei 3.5 Retention of Review Reports and Records. The Reviewer shall retain a copy of each review report -and all notes and records germance to his report for three (3) years after delivering the review report to the City or until the properl is acquired by the City or its proposed acquisition of the property is abandoned, whichever is later. 3.6 Consultation With City. The Reviewer shall advise'and consult with the City and its legal counsel regarding services performed and to be performed by the Reviewer in the real property acquisition aspects of the City's plans and programs as related to the properties involved in this agreement as may be necessary to enat the Reviewer to complete his reports. ARTICLE 4. CONTENTS OF REVIEW REPORTS... The review report to be furnished.by the Reviewer to the City in accordance with this agreement shall contain certain information and the Reviewer's conclusion and opinions thereon. A separate report shall be submitted for each appraisal.revi 4.1 Review Report. Each review report shall be completed to provide the following: a. Project name. b. Parcel number, address and legal description of property. c. Name or names of owner(s). d. Names or names of tenants(s). e. List of the buildings, structures, fixtures"and other improvements located on the property. f. List of tenant -owned buildings, structures, fixtures and other im- provements located on the property.. g. Acquisition appraisers valuation of the items listed in a and f. h. Review appraisers recommended value of the items listed in a and f. i.. 'List necessary valuations in case of partial taking. j. Date the acqui"sition appraisal was received. k. Statement that the acquisition appraisal report is adequate, accep- table and all corrections have been completed by the appraiser.- -2- 1. Date of the .inspection of the subject property and who accompanied the Reviewer during his inspection. M. Date of the inspection of the comparables. n. Report of unlawful condition or occupancy. o. Estimate of the fair market value. p. Signature of the Reviewer and date of the review report. 4.2 Analysis of Property Valuation. The opinion of the Reviewer as to the fair market value of the property shall be stated within the review report together with a statement of the Reviewers basis for conslusion as to fair market value. ARTICLE 5. SERVICES TO PROVIDED BY CITY.* The City agrees to furnish the appraiser. the following: 5.1 Parcel Map. A map or plat, based on official. records,, of the property described -An Article 1 hereof, showing the boundaries and dimensions of the par- cels which are the.subjects of the appraisal reports to be reviewed. 5.2 Appraisal Reports. A copy of each of the appraisal report to be reviewed shall be furnished to the Reviewer which shall contain all pertinent information, including ownership date, property descriptions, and conclusions of the appraiser therein. ARTICLE 6. PAYMENT.' In consideration of the undertakings and agreements on the part of the Reviewer contained in this Agreement, the City agrees to make payments to the Reviewer upon completion of the services to be provided hereunder upon submission to the.City of properly certified invoices therefore, as.follows: For review appraisal services and review reports furnished by the Reviewer in. accordance with Article 4 hereof and accepted by the City,'and for all other service furnished in accordance herewith, and the updating or corrections of review reports as may be required by the City, payments shall not exceed the total sum of $.1.00.0, ' payable in accordance with the attached schedule, marked as Exhibit "B", which shall constitute full payment to the Reviewer for all of said services, for all.supplies, materials and equipment used or furnished by the Reviewer and all expenses incurred by the Reviewer in or in connection with the performance of the services hereunder. ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF REVIEWER, As an inducement to the execution of this Agreement by the City, and in consideration of the agreements to be performed by the City, the Reviewer represent! and agrees that: 7.1 Qualifications. The Reviewer is qualified to perform the appraisal review services to be furnished under this agreement and is duly authorized or permitted by or under law to perform such services, and all personnel engaged in the work shall be qualified and so authorized or permitted to do the work they perform. 7.2 Solicitation or Procurement of Agreement. The Reviewer has not employed any person to solicit or procure this Agreement and.has not made, and will not make, any payment or any agreement for the payment of ahy commission, percentage, brokerage, contingent fee or other compensation in connection with the procuremen of this Agreement. 7.3 Interest of Reviewer and Reviewer's Employees. The Reviewer does not have any interest (including that of real estate agent or broker), direct or indirect, present.or prospective, in any property described in Article 1 hereof or in the sale thereof, or any other interest, whether or not in connection with said property, which would conflict in any manner or degree with the performance of the services and the submission or impartial reports, and has not employed and will not employ, in connection with the services to be furnished hereunder, any person having any such interest, and until such property is acquired by the City or excluded from its project or projects by resolution of its governing, body, the Reviewer -and any -3- P employees of the Reviewer, so long as they are employed by the Reviewer, will not' acquire any such interests and will not, for their own account or for other than the City negotiate for any of said property, perform services in connection with said property, or testify voluntarily as a witness in a condemnation or other proceeding_ with respect to such property. 7.4 Services to be Confidential, Al') services, including reports, opinions, and information, to be furnished under this Agreement are confidential and shall not be divulged, in whole or in part, to any person, other than to duly authorized representatives of the City, without prior written approval of the City, except by testimony under oath in a judicial proceeding or as otherwise required by law. 7,5 Facilities and Personnel, The Reviewer has and will continue to have proper facilities and personnel to perform the services and work agreed to.be performed'hereunder. 7.6 Equal Employment Opportunity. During the performance of this Agreement. a The Reviewer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national orgin. The Reviewer will take affirmative action to ensure that applicants -are employed, and that employees are treated during employment, without regard to their rate, color, religion, sex, or national orgin. Such action shall. include, but not be limited to, the following; employment, upgrading, demotion, or transfer, re- cruitment or recruitment advertising; layoff for termination; rates of pay or other forms of compensation; and selection for training, including appreticeship. The Reviewer agrees .to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non— discrimination clause. b. The Reviewer will, in all solicitations or advertisements -for employee placed by or on behalf of the Reviewer, state that all qualified app- lican.ts will receive condiseration for employment':without regard to race, color, religion, sex, or national origin. 7.7 Assigment. The Reviewer's rights, obligations, and duties under this Agreement shall not be assigned in whole or in part, but this. shall not prohibit the assignment of the proceeds due or to become due hereunder to a bank or finan- cial institution. This Agreement may be assigned by'the City to any corporation agency, or instrumentality having author.ity to accept the assigment. 7.8_ Subcontracting. None of the work or services covered by this Agreement shall be subcontracted without.the prior approval to the City. 7.9 Affidavits of Complaince. The Reviewer will, if requested by the City, furnish the City affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. CHANGES. The City, at any time by written notice to the Reviewer, may modify the scope or quantity of the services, to be furnished under this Agreement. If such changes cause an increase or decrease in the amount of services to be provided by the Reviewer or *in the time required for their performance, an equitable adjustment shall be made in the provisions of this Agreement for payments to the Reviewer or for the time for the performance of the services or for both, and this Agreement sha 11 be modified by agreement of the parties accordingly. ARTICLE 9. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the Reviewer shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Reviewer shall violate any of the covenants or agreements thereof, the City may upon written notice to the Reviewer terminate the right of the Reviewer•to proceed under this Agreement or witl such part or parts thereof as to which there has been default, and may hold the Reviewer liable for any damages.cause to the City by reason of such default and termination. -4- ARTICLE 70. INTEREST OF MEMBERS OF CITY. No member of the City shall participate in any decision relative to this .agreement affecting, directly or indirectly, his personal interests. No such member and no other officer, agent, or employee of the City having any responsi- bility or function in connection with this Agreement shall have any private interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 11. OFFICIALS NOT TO BENEFIT. No member of or Delegate to the Congress of the Uni;ed State of America, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. ARTICLE 12. NOTICES. Any action, notice, or request taken, give, or made by the City.hereunder may be taken, given, or made by or such other person or persons as the City may, by written notice to the Reviewer,.designat, for such purpose. All notices given or made to the Reviewer hereunder shall be deemed to be duly and properly given or made if mailed to the address specified.be- low, or delivered personally to the Reviewer. All notices or other papers given or delivered to the. City hereunder shall be 'deemed to be sufficiently given or de-' livered if mailed, postage prepaid, to the City of Lubbock, Lubbock, Texas,'or to such other'representative or 'address as.. the City may designate to the Reviewer in writing. ARTICLE 13. AFFIRMATIVE ACTION PLAN, The Reviewer agrees to carry out the provisions -of Section 3 of the Housing and Urban Development Act of 1968 as set out in Exhibit "C"_ attached hereto and made a part hereof. ARTICLE 14. PERSONEL, l Prior to proceeding with any work under this contract, the contractor will submit to the of the City'for his approval the names and positions of all professional personnel that will be assigned to the work to be } carried out under this contract and the contractor will designate in the submission the person or persons that will supervise all work to be performed under this. con- tract. ARTICLE 15. PAYMENT. It is expressly agreed and understood that the City is not obligated to make any payment on.any.invoice submitted until the City is satisfied that all terms and conditions of the contract have been complied with and that work performed,to date has been accomplished in a professional manner. IN WITNESS WHEREOF., the City and the Reviewer have executed this Agreement on or as of the date first above written. REVIEWER ADDRESS CITY STATE ZIPE CODE t, THE CITY OF LU6BOCK; LUBBOCK, TEXAS BY: ROY BASS, MAYOR . ATTEST: r- Treva Phillips, City S retary-Treasurer l�4Cityr l r� d o. s a3r. 1r.,tto ne No Text EXHIBIT "B" Schedule of Acquisition Appraisal Fees Tract (Canyon Lake No.) - Area Parcel 2 $ 385.00 Area 9 Parcel 2 335.00. .Area 2 Parcel 2 165.00 $ 895.00 • TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS. A. The work to be performed under this contract is on a project assisted Under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject.to the require- ments of section.3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170iu. Section 3.requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located In or owned in substantial part by persons residing in the area of•the project. B. -The parties to this contract will comply with 'the provisions of said section 3 and the regulations issued pursuant thereto by the*Secretary of Housing and Urban Development set forth in ,24 CFR 135, (published in 38 Federal Register 29220; October 23, 1973),, and all applicable rules and orders of the Department issued thereunder.prior to the execution of this contract. The parties to this contract certify and.agree that they are' under no contractual or other disability which would.prevent them from complying with.these requirements. C. The contractor will send to each labor organization or representative of workers with which he has i collective bargaining agreement err other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. .D. The contractor will include this section 3 clause in every subcontract the work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the.subcontractor is in violation of•regulations issued by the Secretary.o£ Housing and Urban ` Development, 24 CFR 135. The contractor will nat subcontract with any. subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of these regulations. E. Compliance with the provisions of section 3, the regulations set forth in 24 CFR 135. and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns. to those sanctions specified by the grant or loan agreement or contract through which Federal'assistance is provided, and to such sanctions as area specified by 24 CFR 135.135.