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Resolution - 1787 - Authorize Reasignments - Urban Renewal Agency To City - 5 Contracts - 08/09/1984
Resolution 1787 Agenda Item #42 8/9/84 MG:js RESOLUTION BE 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 directed to execute for and on behalf of the City of Lubbock the following Contract Assignments: 1. PLEA Area Appraisal Contract - Tommy Cantrell 2. PLEA Area Review Appraisal Contract - H. L. Kelly 3. Ninth Year Acquisition Appraisals Contract - Tommy Cantrell 4. Ninth Year Acquisition Review Appraisals Contract - H. L. Kelly 5. Site Clearance and Demolition Contract - J. L. Kubacak from the Urban Renewal Agency to the City of Lubbock attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August , 1984. Ae— i��L ALAN AY, M AffE,%7: _ n , ►:lty APPROVED AS TO CONTENT: Sandy Ogl ree, Community Development Coordinator APPROVED AS TO FO : G M' ele Glisar, ssistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK ASSIGNMENT OF CONTRACT This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." I. The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY ;YUBOCK ALAN 6MENR MAYOR ATTEST: -Ranettd Boyd City Secretary APPROVED AS TO CONTENT: Sandy Og tr Community Development Coordinator APPROVED AS TO FORM: MicKele Glisar— Assistant City Attorney URB RENEWAL AGEN OF THE CI 0 LUBBO , EX E–CHAIRMAN BOARD OF COMMISSIONERS ATTEST: Secretary CONTRACT FOR ACQUISITION APPRAISAL SERVICES This Agreement, entered into this 25th day of August , 19 83 , by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "Agency", and TOMMY CANTRELL APPRAISAL COMPANY , Hereinafter referred to as the "Appraiser". WITNESSETH THAT: WHEREAS, the Agency proposes to acquire certain real property (more partic- ularly described in Article 1 of this Agreement) and desires that the Appraiser furnish the Agency certain services with respect to such property, including an appraisal of each parcel comprising part of such property, and the Appraiser represents 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 the Lubbock Community Development 9th Year Program and 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 Agency and the Appraiser, for the considerations and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. PROPERTY TO BE APPRAISED. Descriptions of the real property and the estate or interest therein to be appraised, including identification of any interests in the real property to be specifically excluded from appraisal, are set forth in Exhibit "A" attached hereto and hereby made a part of this agreement. A separate appraisal is to be furnished for each "parcel", which term, as used in this agreement, means any tract or contiguous tracts of land in the same ownership, whether such tract or tracts consist of one or more platted lots or a fractional part thereof. An easement, separate ownership of mineral rights, or other separetely 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 the parcels so encumbered. An easement in a parcel, if appurtenant to another parcel to be acquired by the Agency, shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered. Each parcel, regardless of how described, shall be con- sidered to include all right, title, and interest of the owner thereof in or to any adjacent or abutting streets, alleys, or other public rights of way. ARTICLE 2. PURPOSE AND BASIS OF VALUATIONS. 2.1 Purpose and Significance of Appraisals. The appraisals to be furnished under this agreement are required by the Agency for its guidance in making fair and impartial determinations of fair market value and the just compensation to be offered to each property owner. The text of each appraisal report must cover all matters germane to the required valuation findings and must provide a full expla- nation 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. 2.2 Concept of Value. The Appraiser's opinion of the fair market value 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 Appraiser's valuation shall be as of a date con- current with the preparation of his report. 2.4 Relocation Assistance and Payments. The Appraiser's analyses and opinions of property value shall not reflect any consideration of or allowance for the relo- cation assistance and payments provided under Title II of the Act. 2.5 Influence of Project on Property Value. In forming his opinion of the fair market value of a property, the Appraiser shall disregard any decrease or increase in the fair market value of the real property to be acquired (or,the entire property of the owner in the case of a partial taking) prior to the date of valuation caused by the public improvement or project for which the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner. In the case of a partial taking, using the before -and -after method of valuation, the Appraiser's opinion of the value of the remaining not -to -be acquired portion of the property shall reflect any increase or decrease in value attributable to the project. ARTICLE 3. SCOPE OF APPRAISER'S SERVICES. The Appraiser agrees to perform .the following services: 3.1 Appraisals. Appraise each parcel comprising part of the real property described in Article 1 of this agreement and prepare and deliver to the Agency, within the number of calendar days specified for each parcel on the attached Exhibit 'W'. The number of days specified for each parcel is to commence as of the date of the delivery of the owner's Preliminary Acquisition Notice. The appraisal reports shall be provided to the Agency in DUPLICATE conforming to the provisions of this agreement. 3.2 Property Inspection. Personally inspect each parcel, including all buildings, structures, improvements, fixtures, appurtenances, and other elements of value thereon or belonging thereto. The Appraiser shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Appraiser, or to have his designated representative accompany the Appraiser, during his detailed inspection of the property. If the Appraiser's inspection or investi- gation discloses a sale of a portion of a parcel by an unrecorded contract of sale or otherwise, the Appraiser shall furnish separate reports for each separately owned portion of the parcel. 3.3 Valuatibn Data. Make such investigations, studies, and property inspections as are appropriate to enable the Appraiser to derive sound conclu- sions and to prepare the appraisal reports to be furnished under this agreement. The Appraiser shall ascertain the most recent sale of each property appraised and any other sales of such property during the last three (3) years preceding the appraisal and shall investigate any recent offer or offers of the owner to sell his property. Such sale or sales of the property appraised and all recent sales of other properties that are sufficiently comparable to the property being appraised to be considered by the Appraiser in forming his opinion of fair market value shall be verified insofar as practical. Each such verification shall include inspecting the property and interviewing the seller, buyer, agent, or other person, who participated in the transaction, to ascertain the consideration paid, the terms and conditions of the sale, any special factors affecting the amount of the sale price, and the actual character and condition of the property at the time of sale. 3.4 Testimony in Judicial Proceedings. Testify as an expert witness in behalf of the Agency in any judicial proceedings involving any property appraised under this agreement. Such services shall include such 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. 3.5 Modification of Delivered Appraisal Reports. Modify or furnish supple- ments to any appraisal report furnished hereunder, without additional cost to the Agency, if (a) applicable principles of law with respect to the valuation of the property require the modification or supplementing of such appraisal, (b) material omissions, inaccuracies or defects in the appraisal report are discovered after delivery and acceptance of the report by the Agency, or by the Agency's Review Appraiser; or (c) the Appraiser receives or becomes aware of relevant additional appraisal information in existence prior to the date the Appraiser signed the report. If there is a significant delay between 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 or the interest to be acquired, or other cause, the Appraiser shall, if requested by the Agency, furnish the Agency a supplementary report updating his valuation and the supporting data and analyses to a current date. The compensation for such updating of an appraisal shall be determined in accordance with Article 6. -2- 3.6 Retention of Appraisal Records. Retain a copy of each appraisal report and notes and records germane to the appraisal for three (3) years after delivering the appraisal report to the Agency or until the property is acquired by the Agency or its proposed acquisition of the property is abandoned, whichever is later. 3.7 Consultation with Agency. Advise and consult with the Agency and its legal counsel regarding services performed and to be performed by the Appraiser and the real property acquisition aspects of the Agency's plans and programs as related to the properties involved in this agreement, as such time or times as may be mutually convenient for the parties to this agreement, without additional charge to the Agency. The Appraiser shall initiate such consultations whenever he needs legal advice on any aspect of the appraisals to be furnished under this agreement. ARTICLE 4. CONTENTS OF APPRAISAL REPORTS. The appraisal report or reports to be furnished by the Appraiser to the Agency in accordance with this agreement shall contain certain information and the Appraiser's conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each parcel as defined in Article 1. However, if the Appraiser is to appraise several parcels in the same general area, he may also prepare and submit a separate overall report and data volume and use it as a data source and reference in the separate appraisal reports on the individual parcels. The appraisal report on each parcel shall consist of a cover sheet as provided in Paragraph 4.1, followed by a report furnishing the Appraiser's opinions and conclusions and the data and analyses on which they are based. The appraisal report on each parcel shall include the following: 4.1 Appraisal Summary. A cover sheet headed "Appraisal Report for (name of the Agency)," which may be a printed form, completed to provide the following: a. Project name. b. Date of the report. c. Parcel number, address of the property, brief identification of the interest in the property appraised, and the name of the owner or owners. d. Date or dates of the Appraiser's inspection of the property with the owner, owners, or the owner's designated representative, including the name of each owner or representative of an owner who accompanied the Appraiser during his inspection and the interest held in the property or representative capacity of each such person. Identify any owners of a compensable interest in the property, who were not present or represented during the Appraiser's inspection, including identifi- cation of the inetest in the property held by each such owner. e. The Appraiser's estimate of the fair market value of the property and the fair market value of the same interest in the land, if vacant. f. The limiting conditions of the appraisal, which may include assumptions (1) that the title is good and marketable, (2) that no responsibility. is assumed by the Appraiser for legal matters, especially those affecting the title to the property, (3) that the legal description of the property and the interest therein to be appraised, furnished to the Appraiser by the Agency, is correct, and (4) that no survey of the property has been made. Any other appropriate assumption or limiting condition may be added if it has been specifically approved in writing by the Agency. g. The certifications of the Appraiser (l) that he personally made a thorough inspection of the property, (2) that, to the best of his knowledge and belief, everything contained in the report is true and no relevant and important fact has been omitted, (3) that neither his employment nor his compensation is contingent on the valuation reported, and (4) that he has no past, present, or prospective interest (including that .of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict in any way with the services performed or the making of an impartial report. ISM F1 h. A certification that, in the Appraiser's opinion, the fair market value of the property is (an amount to be stated) as of (the date of valuation determined in accordance with Paragraph 2.4 of this agreement). i. The signature of the Appraiser. 4.2 Ownership. The name and address of the owner of the property and the name and the address, if known, of any other party known or believed to hold a separate compensable interest in the property. For any party listed as holding a separate compensable interest in the property, furnish a description of the interest when providing the property delineation in accordance with Paragraph 4.3 hereof. 4.3 Delineation of Property. The street address of the property and an accurate legal description of the real property and the interest therein appraised. The property delineation shall specifically exclude and describe any separately held interest ,in the real property, which under the definition of "parcel" in Article 1 is to be appraised and acquired either separately or as an appurtenance of another parcel to be acquired. The description shall also specifically exclude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's project. If there are any separately held interests in a parcel, which are to be acquired with other interests in the same parcel, such as leaseholds, tenant -owned improvements, life estates, easements, and water, gas, oil, or mineral rights, furnish a description of each separate interest comprising part of the property appraised and the name of its owner. 4.4 Off -Record Title Information. Information with respect to outstanding interests or instruments affecting the title, but not of record, such as leases, contracts of sale, and other interests or rights or parties in possession. Such information shall be reported, and if the facts obtainable by inquiry and inspec- tion 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 completion of the appraisal until the question is.resolved. 4.5 Inventory of Improvements. If requested by the Agency, an inventory shall be provided identifying each building, structure, or other improvement, including movable and immovable building equipment and other fixtures considered to be part of the real property. For the purpose of delimiting the real property improvements, any building, structure, fixture, or other improvement, which would be real property if owned by the owner of the land, shall be considered to be real property notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, fixture, or other improvement, at the expiration of his term. The ownership of any improvement by anyone other than the land owner shall be identified on the inventory. In the case of a commercial, industrial, governmental, or farm property involving substantial quantities and kinds of fixtures, such as machinery and equipment, a property analysis shall be made in accordance with Paragraph 4.6 hereof. The property analysis shall be submitted to, and be approved by, the Agency before completing the appraisal and, as approved by the Agency, shall be included as an exhibit in the Appraiser's report. 4.6 Property Analysis. A property analysis when required in accordance with Paragraph 4.5 hereof. The property analysis shall list, identify, and classify as to ownership and type of improvement, all items of physical property considered to be part of the real property. The property analysis shall also identify tangible personal property located on the premises to the extent reason- ably necessary to prevent misunderstandings as to what is regarded as being real or personal property. Buildings including appurtenant movable building equipment, structures, other improvements, and fixtures, including their accessories and spare parts, shall be identified and classified as to ownership and type of property as follows: a. Ownership. (1) Owner of the land. (2) Each tenant in occupancy. (3) Each non -occupant owner of any fixtures or other improvements, or personal -property on the premises. -4- b. Type of property. (1) Building, structure, or other fixed improvement. (2) Building equipment, movable. (3) Fixtures, classified as to whether economically movable for reuse, movable for salvage only, or immovable. (4) Personal property, identified as to types and approximate amounts, or otherwise, as needed to obviate misunderstandings as to the classification of any item. If any building, structure, or other improvement is not to be acquired, will not be adversely affected by the Agency's project, and will not be required by the Agency to be removed, such as a pipeline in an easement not to be acquired, such improvement shall be identified as excluded from the appraisal. 4.7 Property Data. Description of the property, including information pertinent to the appraisal with respect to such matters as (a) the environment and location of the property, (b) the zoning and any restrictive covenants, conditions, or servitudes affecting the available use or occupancy of the land, (c) the assessed value of the real property and the current annual real estate tax burden, (d) the use and occupancy of the property at time of appraisal, (e) the public improvements, services, and utilities serving and providing access to the property, (f) the character, topography, dimensions, and area of the land, (g) the freedom of the property from or susceptibility to special hazards, (h) the current rental and rental history of the property, if rented, (i) the estimated annual costs of ownership and for operation and maintenance of the property, and (j) a description of the buildings, structures, fixtures, and other improvements, if any, appurtenant to the land, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions, floor area, age, condition, space or room arrangement, functional utility, and any other characteristics or attributes of the improvements germane to the value of the real property. The appraisal report shall contain a sketch plat showing the shape and dimensions of the land, the location of the principal improvements on the land, the location of any easements in the land, and the abutting streets, alleys, or other public rights of way. The report shall also include such exterior photographs, each clearly identified, as are appropriate as part of the description of the property. 4.8 Legal and Title Matters Affecting Value. Report of any official citations or personal observations by the Appraiser of any condition or occupancy of the property in violation of the law and any other legal or title matters affecting the available lawful uses or the value of the property. 4.9 Highest and Best Use. The Appraiser's opinion as to the highest and best use for the property. The appraisal report shall also include the Appraiser's opinions as to any variations of such use and any other uses or kinds of use for which the property is reasonably suitable or adaptable. Any differences between the Appraiser's estimate of highest and best use and the actual use of the property at the time of valuation shall be explained. If the highest and best use is self- evident and not materially different -from the actual existing use, a statement to that effect will suffice. However, if the property is unused vacant land or the highest and best use if found to differ significantly from the present use, the appraisal report shall contain the analyses by which the Appraiser reached his conclusions as to the highest and best use and as to the relative suitability or adaptability of the property for any other available uses for which the property could reasonably be considered to be suitable or adaptable. The analysis of a potential use shall include consideration of relevant matters, such as the suita- bility of the location, the environment, and the legal and physical attributes of the property for such use, the estimated cost, if any, of converting the property to such use, and the supply, sale price levels, and relative desirability of other properties that would compete for the same kind of use. Because the Appraiser's finding as to the highest and best use is a conclusion that the property does not have a higher present value for any other use, the analysis of the property for the future use or uses found to be the highest and best use if part of the pro- cess of appraising the property and, therefore, may be included in the valuation analysis furnished in accordance with Paragraph 4.10 hereof. -5- r 4.10 Property Valuation and Appraisal Analysis. The opinion of the Appraiser as to the fair market value of the property. The appraisal report shall contain a description of the reasoning process used by the Appraiser in reaching his con- clusion as to value and all data and analyses needed to explain and support his valuation. The supporting data and analyses furnished in the appraisal report shall include, among other things, the following: a. The data and the analyses that constitute the principal basis for the Appraiser's opinion of the fair market value. Information shall be furnished with respect to recent sales of other properties which are considered by the Appraiser to be comparable with, and to provide useful evidence of the value of, the property appraised. The informa- tion furnished with respect to each such comparable property and its sale shall include, among any other pertinent facts, the names of the grantor and grantee, the date of the sale, the sale price, any special terms or conditions or circumstances of the sale that affected the transaction, and a description of the property and its condition at time of sale in sufficient detail for use in comparing it with the property appraised. The appraisal report shall contain the Appraiser's analysis of each comparable property and its sale in relation to the property appraised. The Appraiser's analysis in each case shall reflect consideration of, and appropriate allowances for, the difference in the time of the sale and the date of appraisal and the differences in the utility,.desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map showing the location of the property appraised and the comparable properties referred to in the appraisal report. b. All other information, analyses, and estimates considered by the Appraiser to be relevant to the estimation of the fair market value of the property. c. If the property appraised is part of a larger parcel in the same owner- ship or is less than the entire interest of the owner in the property, the appraisal report shall contain the Appraiser's opinion of Just Compensation for a taking of such property or interest, using the before - and -after method of valuation as interpreted under State law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. The appraisal report shall also contain, for information purposes only, the Appraiser's estimates of the fair market value of the to -be -acquired part or interest and the net damages or benefits to the remaining property of the owner. d. Such maps, plans, photographs, or other exhibits, as necessary, to explain or illustrate the analyses of the Appraiser. e. The Appraiser's evaluation of the indications of value deduced from his separate analysis of the various evidences of value and an explanation of how he reached his final conclusion as to the fair market value of the property. f. If the property is a multi -family or mixed-use property, the appraisal data shall be broken down in such a manner that the appraised value of the owner -occupied portion of the parcel (structures and land) can be separated from the total value of the parcel. (Mixed-use property is a parcel wherein an owner -occupant resides and also conducts a business as defined in the 1376.1 Relocation and Real Property Acqui- sition HUD Handbook.) The Appraiser's report shall explain how he made the apportionment and the rationale therefor. ARTICLE 5. SERVICES TO BE PROVIDED -BY -AGENCY. The Agency agrees to furnish the Appraiser the following: 5.1 Parcel Map. A map or plat, based on official records, of the property described in Article 1 hereof, showing the boundaries and dimensions of the parcels to be appraised. Each parcel shall be designated by a number, and the parcel numbers shown on the Appraiser's reports shall correspond to the parcel numbers shown on the map or plat, except that additional parcel numbers may be assigned by the Appraiser for easements appraised separately or for additional parcels revealed while making the appraisals. -6- 5.2 Ownership Data. An ownership data report for each parcel, which report will show all estates and interests in the parcel as shown of record and conse- quently shall not be assumed to define the interest to be appraised or any sepa- ration of interests for appraisal purposes required by the definition of "parcel" in Article 1 hereof. The ownership data report on each parcel as shown on the parcel map shall include: a. The name (and, if known or shown of record, the address) of the ostensible owner as it appears of record; b. The legal description of the parcel as shown by the conveyance or con- veyances or other instrument by which the record owner acquired title; c. The amount of Real Estate Taxes for the current year and the assessed valuation stated separately for land and from improvements. 5.3 Legal Advice. Advice, upon request of the Appraiser, on legal matters affecting the appraisal of any property to be appraised. ARTICLE 6. PAYMENT. In consideration of the undertakings and agreements on the part of the Appraiser contained in this agreement, the Agency agrees to make payments to the Appraiser upon completion by the Appraiser of services to be provided hereunder and the submission to the Agency of properly certified invoices therefor, as follows: 6.1 For appraisal services and reports furnished by the Appraiser in accordance with Paragraph 3.1 hereof and accepted by the Agency, and for all other services furnished in accordance with Article 3 hereof, except services furnished in connection with judicial proceedings as provided in Paragraph 3.4 hereof, and the updating of appraisals as provided in Paragraph 3.5 hereof, payments shall be made in accordance with the attached schedule, marked as Exhibit "B". 6.2 For services furnished by the Appraiser in connection with judicial proceedings as provided in Paragraph 3.4 hereof, (except services as an expert witness in such a proceeding), for the updating of appraisals as provided in Paragraph 3.5 hereof, $ 32.50 per hour or fraction thereof if rendered by a non -MAI and $ 62.50 per hour or fraction thereof if rendered by a MAI for the services actually performed. Any and all expenses of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser. 6.3 For services as an expert witness for the Agency in judicial proceedings as provided in Paragraph 3.4 hereof, with respect to any property appraised by the Appraiser pursuant to this agreement, the Appraiser and the Agency hereby agree that the fair and reasonable compensation for the Appraiser's services shall be $ 260.00 for each full day's attendance in court, or $ 130.00 compensation when attendance is one-half day or less without=.the MAI desigriation._Services rendered by a MAI shall be $ 500:00 for each full day's attendance in court, or $ 250.00 compensation when attendance is one-half day or less. 6.4 Payment for appraisal services, reports and services in connection with judicial proceedings pursuant to the fulfillment of this contract shall not exceed the sum of $ 7,600.00 , which shall constitute full payment to the Appraiser for all of said services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in or in connection with the performance of said services. 6.5 In the event the Agency requests services to be performed by the Appraiser for property which has been designated for the project year contemplated by the execution of this Agreement, and the services are requested more than eighteen months after the date of this Agreement, then payment to the Appraiser shall be based upon the most current contract for appraisal services existing at the time work is requested. ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF APPRAISER. As an inducement to the execution of this agreement by the Agency and in consideration of the agreements to be performed by the Agency, the Appraiser represents and agrees that: -7- 7.1 Qualifications. The Appraiser is qualified to perform the 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 Appraiser 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 any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procurement of this agreement. 7.3 Interest of Appraiser and Appraiser's Employees. The Appraiser 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 perfor- mance of the services and the submission of 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 Agency or excluded from its project or projects 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 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. All 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 Agency, without prior written approval of the Agency, except by testimony under oath in a judicial proceeding or as otherwise required by law. 7.5 Facilities and Personnel. The Appraiser has and will continue to have proper facilities and personnel to perform the services and work agreed to be performed hereunder. If the Appraiser proposes to employ any person or persons to make any appraisals of machinery and equipment or other specialized elements or attributes of a property appraised under this agreement, the employment of such person or persons for such purpose shall not place the Agency under any obligation to such employee, nor relieve the Appraiser of full responsibility for the faithful performance of the services to be furnished hereunder. 7.6 Equal Employment Opportunity. During the performance of this agreement: a. The Appraiser will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Appraiser will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates'of pay or other forms of compensation; and selection for training, including apprenticeship. The Appraiser agrees to post inconspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the pro- visions of this nondiscrimination clause. b. The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7.7 Assignment. The Appraiser'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 financial institution. This agreement may be assigned by the Agency to any corporation, agency, or instrumentality having authority to accept the assignment. 7.8 Subcontracting. None of the work or services covered by this agreement shall be subcontracted without the prior approval of the Agency. -8- AWL .' . a v 7.9 Affidavits of Compliance. The Appraiser will, if requested by the Agency, furnish the Agency affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. CHANGES. The Agency, at any time by written notice to the Appraiser 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 Appraiser or in the time required for their performance, equitable adjustment shall be made in the provisions of this agreement for payments to the Appraiser or for the time for performance of the services or for both, and this agreement shall be modified by agreement of the parties accordingly. ARTICLE 9. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the Appraiser shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if the Appraiser shall violate any of the covenants or agreements thereof, the Agency may upon written notice to the Appraiser terminate the right of the Appraiser to proceed under this Agreement or with such part or parts thereof as to which there has been default, and may hold the Appraiser liable for any damages caused to the Agency by reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this agreement shall, at the option of the Agency, become its property and the Appraiser shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Agency. The Appraiser, however, shall not thereby be relieved of liability to the Agency for damages sustained by the Agency by reason of any breach of the agreement by the Appraiser, and the Agency may withhold any payments from the Appraiser for the purpose of setoff until such time as the amount of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond the control and without the fault or negligence of the Appraiser, but this shall not prevent the Agency from terminating this agreement because of such delay. ARTICLE 10. INTEREST OF MEMBERS OF AGENCY. No member of the Agency 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 Agency 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 United States 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. An action, notice, or request taken, given or made by the Agency hereunder may be taken, given, or made by H. 0. Alderson, Executive Director, or such other person or persons as the Agency may, by written notice to the Appraiser, designate for such purpose. All notices given or made to the Appraiser hereunder shall be deemed to be duly and properly given or made if mailed to the address specified below, or delivered personally to the Appraiser. All notices or other papers given or delivered to the Agency hereunder shall be deemed to be sufficiently given or delivered if mailed, postage prepaid, to the Urban Renewal Agency of the City of Lubbock, 911 10th Street, P. 0. Drawer 10336, Lubbock, Texas 79408 or to such other representative or address as the Agency may designate to the Appraiser in writing. ARTICLE 13. AFFIRMATIVE ACTION PLAN. The Appraiser 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. -9- i ARTICLE 14. TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions. IN WITNESS WHEREOF, the Agency and the Appraiser have executed this agreement on or as of the date first above written. ATTEST: SECRETKRY APPRAISER 1613 Avenue Q ADDRESS Lubbock Texas 79401 CITY - STATE ZIP CODE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: CHAIRMAN -10- EXHIBIT "A" AREA 7 Parcel No. & Address 54310-2-2 2901 Colgate AREA 16: AR 190-24-40 � �� 714 Baylo, f �, 5190-26-10 ✓ 2702 Baylor 5190-44-30 2709 Baylor 5190-44-40 2711 Baylor AREA 17 93330-1-12 3 3407 Railroad Ave. 93330-2-6 h , 3511 Teak {� AREA 25 23180-2-10 702 Walnut 23180-2-20 V 704 Walnut AREA 28 56500-32-5 1714 Teak Parcel No. & Address 5190-45-30 2717 Baylor 5190-48-20 2809 Baylor 5190-51-20 2825 Baylor 93330-2-7 3513 Teak 93330-3-7 3513 Ute 11000-0-380 `�. 2817 7th St. 56500-32-6 1716 Teak Appraisals shall be delivered to the Agency within thirty from the date of notification of the Preliminary Acquisition Notice, given days the Agency to the owners or occupants of the property. be notified b � given by y the Agency of the date of the Preliminary appraiser shall y Acquisition Notice. �SUu EXHIBIT "B" SCHEDULE OF ACQUISITION APPRAISAL FEES 9TH YEAR COMMUNITY DEVELOPMENT PROGRAM Single-family residential structure located on one parcel ......... $175.00 per parcel Duplexes..........................................................$200.00 each Two residential living units located on one parcel (detached units)..........................................................$200.00 per parcel For each extra living unit over two located on one parcel ......... $50.00 for each living unit over two, per parcel Vacant parcel (residential use) establishing land fair market value only ......................................................$100.00 per lot Services rendered in connection with condemnation proceedings shall be at the rate of $260.00 per diem for each full day's attendance in court, or $130.00 per compen- sation when attendance is one half-day or less for appraisers without the MAI desig- nation. Service rendered in preparation for condemnation proceedings shall be at the rate of $260.00 per diem for each full day's preparation for court or $32.50 per hour for appraisers without the MAI designation. These same services rendered by a MAI shall be at the rates of $500.00 per diem, $250.00 per one half-day or less and $62.50 per hour. Aft URBAN RENEWAL AGENCY Of the City of Lubbock Memorandum TO: Urban Renewal Agency Staff DATE: September 2, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrator SUBJECT: Removal of Parcel from the 9th Yr. C.D. Work Load, Area No. 16 RE: Parcel No. 5190-24-40 - 2714 Baylor Edgeworth Management Co. - Owner of Record Armundo De Luna - Contract of Sale owner. - The referenced parcel is being removed for now from the 9th Yr.-C.D. Program work load. Sharon Pattillo, Real Estate Administrator SP URBAN RENEWAL AGENCY Of the City of Lubbock TO: Urban Renewal Agency Staff DATE: September 21, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Addition and Removal of Acquisition Parcels in the 9th Yr. C.D. Program The following parcel is being removed for now from the 9th Yr. C.D. Program: K Parcel No. 93330-3-7 - 3513 Ute - Area 17 Owner - Sanco Nash, Jr. Legal Description - Lot 7, Block 3, Phyllis Whentley Addition �- The following parcel is being added to the 9th Yr. C.D. Program: Parcel No. 93330-5-3 - 3604 Ute - Area 17 Owner - Reble Coleman Legal Description - Lot 3, Block 5, Phyllis Wheatley Addition A Preliminary Acquisition Notice will be mailed to Mrs. Coleman today. Sharon Pattillo Real Estate Admin. Asst. SP AML URBAN RENEWAL AGENCY Of the City of Lubbock Memorandum TO: Urban Renewal Agency Staff DATE: October 7, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Admin. Asst. SUBJECT: Removal of Parcel from the 9th Yr. C.D. Work Load, Area No. 25 RE: Parcel No. 11000-0-380 - 2817 E. 7th Street Republic Bank - Owner The reference parcel is being removed from the 9th Yr. C.D. Program work load. Please make this adjustment in your records. - Q? �, 1/1, 1 11'� �� Sharon Pattillo Real Estate Administrative Assistant SP URBAN RENEWAL AGENCY Of the City of Lubbock MEMORANDUM To: Urban Renewal Agency Staff Date: November 9, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly From: Sharon Pattillo, Real Estate Administrative Assistant Subject: Additional Acquisition Parcels in the 9th Yr. C.D. Program The following parcels are being added to the 9th Yr. C.D. Program: Parcel No. S Address Legal Description Owner's Name & Address Area 7 5r►310-29-6 Lots 5 and 6, Block 29, Alvin Morris 3105 Auburn Maddox Addition 5218 40th St. Lubbock, Tx 79414 Area 16 5190-52-30 The West 50 feet of the Raphael Arroyo 2827 Bates North Half (1) of Block 52, 2827 Bates Arnett & Benson Addition Lubbock, Tx 79415 The Preliminary Acquisition Noties will go out today or tomorrow. Sharon Pattillo Real Estate Admin. Asst. SP TELEPHONE (806) 762-6411 EXT..2296 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. O. DRAWER 10336 LUBBOCK, TEXAS 79406 MEMORANDUM TO: Urban Renewal Agency Staff DATE: February 17, 1984 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the 9th Yr. C.D. Program, Area 17 The following parcel is being added to the 9th Yr. C.D. Program, Area,17:' Parcel No. & Address Legal Description Owner' Name & Address 93330-2-17 Lot 17, Block 2, Hattie Coleman 3504 Ute Phyllis Wheatley Addn. 1806 E. 2nd Street Lubbock, Tx 79404 The Preliminary Acquisition Notices for the tenant and owner will be mailed or delivered as soon as possible. F "Shavlon Patti to sp URBAN RENEWAL AGENLY OF THE CITY OF LUBBOCK 911 10TH STREET P.O. DRAWER 10336 TELEPHONE (806) LUBBOCK, TEXAS 79406 762-6411 EXT. 2296 TO: Urban Renewal Agency Staff March 21, 1984 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the 9th Yr. C.D. Program, Arnett & Benson Addition, Area 7/16 The following parcel is being added to the 9th Yr. C.D. Program, Area 7/16: Parcel No. & Address Legal Description Owner's Name & Address 5190-24-40 The Southeast quarter (14) Armundo De Luna 2714 Baylor of Block 24, Arnett & 2714 Baylor Benson Addition Lubbock, Texas 79415 (Buying on Contract of Sale) Edgeworth Management Co. 2302 Avenue Q Lubbock, Texas 79405 (Owner of Record) The preliminary acquisition notices are being mailed today. ""oaj id= Sharon Pattillo AIM A06 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. 0. DRAWER 10336 TCLERHOHc (806) LUBBOCK, TEXAS 79408 769-6411 «T.2296 MEMORANDUM To: Urban Renewal Agency Staff Date: June 4, 1984 f/ Brock, Morton & Pigg Law Offices Harold L. Kelly From: Sharon Pattillo, Real Estate Administrative Assistant Subject: Acquisition Parcel Removed form the 9th Yr. C.D. Work Load in the Arnett Benson Addition, Area 16 The following parcel is being removed from the 9th Yr. C.D. work load: Parcel No. 5190-24-40 - 2714 Baylor Owner - Armundo De Luna purchasing on Contract For Deed From Edgeworth Management Co. A "Notice of Determination Not to Acquire" is being mailed to the owners today. Sharon Patti to Real Estate Administrative Asst. sp y 6 r� 111V TELEPHONE (8061 762.6411 EXT.2.2% URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. O. DRAWER 10336 LUBBOCK, TEXAS 79408 MEMORANDUM T0: Urban Renewal Agency Staff DATE: June 22 1984 v Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Acquisition Parcel in the 9th Yr. C. D. Program, Phyllis Wheatley Area No. 17 The following parcel scheduled for the 9th year work load is now being added. Parcel No. & Address Legal Description Owner's Name & Address 93330-2-5 Lot 5, Block 2, Justine Waldon 3509 Teak Phyllis Wheatley 3509 Teak Addition Lubbock, Tx 79404 The preliminary acquisition notice will be delivered as soon as possible. Sharon Pattillo URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK .911 10TH STREET P. 0. DRAWER 10336 TELEPHONE (6061 LUBBOCK, TEXAS 7940B 762-6411 EXT. 2296 MEMORANDUM TO: Urban Renewal Agency Staff DATE: July 20, 1984 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Acquisition Parcels in the 9th Yr. C.D. Program, Arnett Benson Area 7/16 and C. D. Elliston Area 25 The following parcels scheduled for the 9th Year C.D. work load are now being added. Parcel No. & Address Legal Description Owner's Name & Address 5190-42-50 The Southwest 65' x 100' Maria Muniz 2140poston Ave. of Block 42, Arnett & Benson 214 Boston Addition Lubbock, Tx 79415 69310-12-1 Lot 1, Block 12, Parks Daniel Molinar, Jr. 2801 1st Street Addition 104 Canton Lubbock, Tx. 79415.. (Contract of Sale) Mrs. Ruby Cupp 3414A 26th Street Lubbock, Tx 79410 (Owner of Record) 990895-56004-30 Abstract 895, Survey 4, Stephanie th %tad I 602 Ute Ave. Block 0, Tract A -12-A 4804 PtK Street �o,t 4<6, (134.5' x 135') Lu -Mock. Tx 79414 The preliminary acquisition notices will be delivered as soon as possible. Sharon Pattillo I, r � Juju ::al Ton ny Cantrell 9th Year H. L. Kelly 9th Year Appraisal Contract P-284 Review Contract P-285 (1) Exhibit "A" (1) Exhibit "A" (2) Deletions from Exhibit "A" (2) Deletions from Exhibit "A' Area 17 Area 16 93330-3-7 (9-21-83) 5190-24-40 (6-4-84) 3513 Ute 2714 Baylor Area 25 Area 17 11000-0-380 (10-7-83) 93330-3-7 (9-21-83) 2817 7th St. 3513 Ute Area 25 11000-0-380 (10-7-83) 2817 7th St. (3) Additions to Exhibit "A" (3) Additions to Exhibit "A' Area 7 Area 7 54310-29-6 (11-9-83) 54310-29-6 (11-9-83) 3105 Auburn 3105 Auburn Area 16 Area 16 5190-52-30 (11-9-83) 5190-52-30 (11-9-83) 2827 Bates 2827 Bates 5190-42-50 (7-20-84) 5190-42-50 (7-20-84) 214 N. Boston 214 N. Boston 69310-12-1 (7-20-84) 69310-12-1 (7-20-84) 2801 1st St. 2801 1st St. Area 17 Area 17 93330-5-3 (9-21-83) 93330-5-3 (9-21-83) 3604 Ute 3604 Ute 93330-2-17 (2-17-84) 93330-2-17 (2-17-84) 3504 Ute 3504 Ute 93330-2-5 (6-22-84) 93330-2-5 (6-22-84) 3509 Teak 3509 Teak Area 25 Area 25 990895-56004-30 (7-20-84) 990895-56004-30 (7-20-84) 602 Ute 602 Ute _r jam. 177 - Z7 ASSIGNMENT OF CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." I. The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY OF AUBBOCK ALAN "HENRY MAYOR ATTEST: Rane to Boyd City Secretary ,APPROVED AS TO CONTENT: aa�� Sandy Og tr Community Development Coordinator APPROVED AS TO FORM: Michele Glisar Assistant City Attorney URBA ENEWAL AGENC OF HE CITY F LUBB , XA VICE-CHAIRMAN BOARD OF COMMISSIONERS ATTEST; Secretary AW. pq AMENDMENT TO CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES IN THE POSEY LAKESIDE EAST AREA This is an amendment to a contract entered into as of the 25th day of August, 1982, by and between THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS (hereinafter referred to as the "AGENCY"), and HAROLD L. KELLY (herein after referred to as the "REVIEWER"). WITNESSETH: WHEREAS, the contract entered into by and between the Agency and the REVIEWER, dated the 25th day of August, 1982, in Article 6 thereof, provided for a maximum compensation for the appraisal review services to be performed thereunder of the sum of SEVEN HUNDRED AND NO/100 DOLLARS ($700.00); and WHEREAS, the AGENCY and the REVIEWER are desirous of amending the said contract to provide for additional appraisal review services by increasing the maximum compensation payable thereunder from SEVEN HUNDRED AND NO/100 DOLLARS ($700.00) to SEVEN HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($775.00), NOW, THEREFORE, the AGENCY and the REVIEWER, for the consideration and upon the conditions hereinafter set forth, agree as follows: (1) Article 6 of the said contract shall be amended to substitute the sum of SEVEN HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS,($775.00) in place of the sum of SEVEN HUNDRED AND NO/100 DOLLARS ($700.00) as the maximum compen- sation payable thereunder. (2) All other terms and provisions contained within the said contract shall remain unchanged. EXECUTED this 26th day of June , 19 84 . HAROLD L. URBAN RENEWAL AGENCY OF CITY LUBBOCK, S BY: VICE-CHAIRMAN ATTE Cil. C NG SECRETARY CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES This Agreement, entered into this 25th day of August , 19 82 • by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "Agency", and HAROLD L. KELLY , hereinafter referred to as "Reviewer". WITNESSETH: WHEREAS, the Agency proposes to acquire certain real property (more partic- ularly described in Article 2 of this Agreement) and desires that the Reviewer furnish the Agency certain services with respect to such property, including the review of appraisals of each parcel comprising part of such property, and the Reviewer represents 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 the Lubbock Community Development Program - Posey Lakeside East Area and 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 Agency 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 here- under are required by the Agency for its guidance in making fair and impartial determinations of fair market value and just compensation to be offered to each property owner. The text of each appraisal review report must cover all matters germane to the required valuation findings and must provide an explanation of the Reviewer's reasoning 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 relocation 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 the 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 Agency one copy of the report, within the number of calendar days specified for each parcel on the attached 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. Personally inspect each of the properties in accordance with each of the appraisal reports which have been furnished here- under. The Reviewer shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Reviewer, or to have his designated repre- sentative accompany the Reviewer during his detailed inspection of the property. 3.3 Valuation Data. Make such investigations, studies, and property inspections as are appropriate to enable the Reviewer to determine the accuracy and adequacy 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 shall 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 appraiser to make all necessary corrections in the reports submitted, Partic- ularly those needed to ensure substatial consistency in the factual data contained therein. 3.5 Retention of Review Reports and Records. The Reviewer shall retain a copy of each review report and all notes and records germane to his report for three (3) years after delivering the review report to the Agency or until the property is acquired by the Agency or its proposed acquisition of the property is abandoned, whichever is later. 3.6 Consultation with Agency. The Reviewer shall advise and consult with the Agency and its legal counsel regarding services performed and to be per- formed by the Reviewer in the real property acquisition aspects of the Agency's plans and programs as related to the properties involved in this agreement as may be necessary to enable the Reviewer to complete his reports. ARTICLE 4. CONTENTS OF REVIEW REPORTS. The review report to be furnished by the Reviewer to the Agency in accordance with this agreement shall contain certain information and the Reviewer's con- clusions and opinions thereon. A separate report shall be submitted for each appraisal reviewed. 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. Name or names of tenant(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 improve- ments 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 -2- i i. List necessary valuations in case of a partial taking. J. Date the acquisition appraisal was received. k. Statement that the acquisition appraisal report is adequate, acceptable and all corrections have been completed by the appraiser. 1. Date 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 Reviewer's basis for conclusions as to fair market value. ARTICLE 5. SERVICES TO BE PROVIDED BY AGENCY. The Agency agrees to furnish the appraiser the following: 5.1 Parcel Map. A map or plat, based on official records, of the property described in Article 1 hereof, showing the boundaries and dimensions of the parcels which are the subjects of the appraisal reports to be reviewed. 5.2 Appraisal Reports. A copy of each of the appraisal reports to be reviewed shall be furnished to the Reviewer which shall contain all pertinent information, including ownership data, 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 Agency agrees to make payments to the Reviewer upon completion of the services to be provided hereunder upon submission to the Agency of properly certified invoices therefor, as follows: For review appraisal services and review reports furnished by the Reviewer in accordance with Article 4 hereof and accepted by the Agency, and for all other services furnished in accordance herewith, and the updating or corrections of review reports as may be required by the Agency, payments shall not exceed the total sum of $ 700.00 , 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. In the event the Agency requests services to be performed by the Reviewer for property which has been designated for the project year contemplated by the execution of this Agreement, and the services are requested more than eighteen months after the date of this Agreement, then payment to the Reviewer shall be based upon the most current contract for appraisal review services existing at the time work is requested. ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF REVIEWER. As an inducement to the execution of this Agreement by the Agency, and in consideration of the agreements to be performed by the Agency, the Reviewer represents 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. -3- 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 any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procurement 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 connec- tion with said property, which would conflict in any manner or degree with the performance of the services and the submission of 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 Agency or excluded from its project or projects by resolution of its governing body, the Reviewer and any 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 Agency, negotiate for any of said property, perform services in connections 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.. All 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 Agency, without prior written approval of the Agency, 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 property 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 origin. The Reviewer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Reviewer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. b. The Reviewer will, in all solocitations or advertisements for employees placed by or on behalf of the Reviewer, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 7.7 Assignment. 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 financial institution. This Agreement may be assigned by the Agency to any corporation, agency, or instrumentality having authority to accept the assignment. 7.8 Subcontracting. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the Agency. 7.9 Affidavits of Compliance. The Reviewer will, if requested by the Agency, furnish the Agency affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. CHANCES. The Agency, at any time by written notice to the Reviewer, may modify the scope or quanity of the services to be furnished under this Agreement. if such -4- 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 shall 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 Agency may upon written notice to the Reviewer terminate the right of the Reviewer to proceed under this Agreement or with such part or parts thereof as to which there has been default, and may hold the Reviewer liable for any damages caused to the Agency by reason of such default or termination. ARTICLE 10. INTEREST OF MEMBERS OF AGENCY. No member of the Agency 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 Agency 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 United States 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, given, or made by the Agency here- under maybe taken, given, or made by H. 0. Alderson, Executive Director, or such other person or persons as the Agency may, by written notice to the Reviewer, designate 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 below, or delivered personally to the Reviewer. All notices or other papers given or delivered to the Agency hereunder shall be deemed to be sufficiently given or delivered if mailed, postage prepaid, to the Urban Renewal Agency of the City of Lubbock, Texas, 902 Texas Avenue, P. 0. Drawer 10336, Lubbock, Texas 79408, or to such other representative or address as the Agency 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. TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions. -5- i IN WITNESS WHEREOF, the Agency and the Reviewer have executed this Agreement on or as of the date first above written. ATTEST: SECRETARY �- REVIEWER 4505 14th Street ADDRESS Lubbock Texas 79416 CITY I STATE ZIP CODE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: CHAIRMAN -6- CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES HAROLD L. KELLY Part II - Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "Agency", -shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of lia- bility to the Agency for damages sustained by the Agency by virtue of any breach of.the Contract by the Contractor, and the Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 2. Termination for Convenience of Agency. The Agency may terminate this Contract any time by a notice in writing from the Agency to the Contractor. If the Contract is terminated by the Agency as provided herein, the Contractor will be ,paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, whall be incorporated in written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Agency. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be.employed on work under this Contract. .+m+wws�*.+.®ermwazr:�m�=svr--r<arr^-^.^•.,:aR^'7"Y^'^"w'S'^^.:""••.^i'X35"^.;"'®E..9"C91i'ER:�`3.459'.'.3i�t"a '- -.. _.... _.. �,--... �,, SM lie MO . Ip S. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor thereunder, the Agency shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Agency for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Agency for the latter•s decision which shall be final with respect thereto. B. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex; or national origin. Such action shall include, but not be limited to, the following: employment,.upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; -rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. -2- 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Agency. The Contractor shall be as fully responsible to the Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Agency: Provided, however, that claims for money due or to become due the Contractor from the Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Agency. 13. Interest of Members of the Agency. No member of the governing body of the Agency, and no other officer, employee, or agent of the Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Agency. U. S. Department of Housing and Urban Development HUD -621B Renewal Assistance Administration (2-69) -3- EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 1711 Spruce 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce 56500-33-3 1712 Spruce 56500-33-4 1714 Spruce Appraisal review reports for the referenced parcels shall be -delivered to the Agency within fifteen (15) calendar days from the date of receipt of the - acquisition appraisals by the Reviewer. EXHIBIT "B" Schedule of Acquisition Appraisal Review Fees Posey Lakeside East Community Development Program, Area No. 28 Single-family residential structure located on one parcel.............$90.00 per parcel Duplexes..............................................................$110.00 each Two residential living units located on one parcel (detached units) ... $110.00 per parcel For each extra.living unit over two located on one parcel.............$20.00 for each living unit over two, per parcel Vacant parcel (residential use) establishing land fair market value only..........................................................$55.00 per lot 0 9 s • EXHIBIT "B" Schedule of Acquisition Appraisal Review Fees Posey Lakeside East Community Development Program, Area No. 28 Single-family residential structure located on one parcel.............$90.00 per parcel Duplexes..............................................................$110.00 each Two residential living units located on one parcel (detached units) ... $110.00 per parcel For each extra.living unit over two located on one parcel.............$20.00 for each living unit over two, per parcel Vacant parcel (residential use) establishing land fair market value only..........................................................$55.00 per lot 0 9 ��..«w..-*.,ilw�-� 1'. Xll 113 ( T . , • .�. k TR.AININC, EIPLO)MENT, AND CONTRACTING OPPORTU141TIES FOR BUSINESSES AM LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS. 4 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. 1701u. 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 tie has a collective bargaining agreement or 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*oV regulations issued by the Secretary of 1101ising and Urban Development, 24 CFR 135. The contractor will not 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, sha'l 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 small 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 are specified by 24'CFR 135.135. '- ;s EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 1711 Spruce 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce 56500-33-3 1712 Spruce 56500-33-4 1714 Spruce Appraisal review reports for the referenced parcels shall be delivered to the Agency within fifteen (15) calendar days from the date of receipt of the acquisition appraisals by the Reviewer. EXHIBIT "B" Schedule of Acquisition Appraisal Review Fees Posey Lakeside East Community Development Program, Area No. 28 Single-family residential structure located on one parcel.............$90.00 per parcel Duplexes ............................... .............................. each Two residential living units located on one parcel (detached units) ... $110.00 per parcel For each extra living unit over two located on one parcel ............. " " .$2li00 ving c unit over two, per parcel Vacant parcel (residential use) establishing land fair market .,....$55.00 per lot value only ................ ....................... EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 1711 Spruce 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce 56500-33-3 1712 Spruce 56500-33-4 1714 Spruce �S6S�u-.73-- /7ii T��.•�, -7ri6-r•v 71 AV Y y URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. 0. DRAWER 10336 TELEPHONE (606) LUBBOCK, TEXAS 79409 762-6411 EXT. 2296 TO: Urban Renewal Agency Staff DATE• July 10, 1984 Tommy Cantrell Appraisal Co. Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the PLEA Area No. 8, 8th Yr. C.D. Program One more parcel has been selected for acquisition in the Posey Lakeside East Area. It is described as follows: Parcel No. & Address Legal Description Owner's Name & Address 56500-32-4 I.ot 4, Block 32, Willie Lee Byrd 1.712 Teak Morrow Re -subdivision, 1.7.12 Teak an Addition to the Lubbock, Texas 79403 City of Lubbock, Lubbock County, Texas. The preliminary acquisition notice will be delivered around the end of the month. Sharon Pattillo ASSIGNMENT OF CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." HP The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY OF UB CK ALAN q1ENRY MAYOR ATTEST: Lanett Boyd City Secretary APPROVED AS TO CONTENT: Sandy OgVetrele Community Development Coordinator APPROVED AS TO FORM: M he a Glisar Assistant City Attorney URBAN ENEWAL AGENCYVA HE CITF_LUBBO�K, T VICE=CHAIRMAN— BOARD OF COMMISSIONERS ATTEST: -Zlo� Secretary CONTRACT FOR ACQUISITION APPRAISAL SERVICES This Agreement, entered into this 25th day of August , 19 82 , by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "Agency", and TOMMY CANTRELL APPRAISAL COMPANY, hereinafter referred to as the "Appraiser". WITNESSETH THAT: WHEREAS, the Agency proposes to acquire certain real property (more partic- ularly described in Article 1 of this Agreement) and desires that the Appraiser furnish the Agency certain services with respect to such property, including an appraisal of each parcel comprising part of such property, and the Appraiser represents 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 the Lubbock Community Development Program - Pogey Lakeside East Area and the Uniform Relocat-i—on-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 Agency and the Appraiser, for the considerations and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. PROPERTY TO BE APPRAISED. Descriptions of the real property and the estate or interest therein to be appraised, including identification of any interests in the real property to be specifically excluded from appraisal, are set forth in Exhibit "A" attached hereto and hereby made a part of this agreement. A separate appraisal is to be furnished for each "parcel", which term, as used in this agreement, means any tract or contiguous tracts of land in the same ownership, whether such tract or tracts consist of one or more platted lots or a fractional part thereof. An easement, separate ownership of mineral rights, or other separately held interest in two ormore parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so encum- bered. An easement in a parcel, if appurtenant to another parcel to be acquired by the Agency, shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered. Each parcel, regardless of how described, shall be considered to include all right, title, and interest of the owner thereof in or to any adjacent or abutting streets, alleys, or other public rights of way. ARTICLE 2. PURPOSE AND BASIS OF VALUATIONS. 2.1 Purpose and Significance of Appraisals. The appraisals to be furnished under this agreement are required by the Agency for its guidance in making fair and impartial determinations of fair market value and the just compensation to be offered to each property owner. The text of each appraisal report must cover all matters germane to the required valuation findings and must 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. 2.2 Concept of Value. The Appraiser's opinion of the fair market value 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 Appraiser's valuation shall be as of a date concurrent with the preparation of his report. 2.4 Relocation Assistance and Payments. The Appraiser's analyses and opinions of property value shall not reflect any consideration of or allowance f©r the relocation assistance and payments provided under Title II of the Act. 2.5 Influence of Project on Property Value. In forming his opinion of the fair market value of a property, the Appraiser shall disregard any decrease or increase in the fair market value of the real property to be acquired (or the entire property of the owner in the case of a partial taking) prior to the date of valuation caused by the public improvement or project for which the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner. In the case of a partial taking, using the before -and -after method of valuation, the Appraiser's opinion of the value of the remaining not -to -be acquired portion of the property shall reflect any increase or decrease in value attributable to the project. ARTICLE 3. SCOPE OF APPRAISER'S SERVICES. The Appraiser agrees to perform the following services: 3.1 Appraisals. Appraise each parcel comprising part of the real property described in Article 1 of this agreement and prepare and deliver to the Agency, within the number of calendar days specified foreach parcel on the attached Exhibit "A". The number of days specified for each parcel is to commence as of the date of,the delivery of the owner's Letter of Intent to Acquire. The appraisal reports shall be provided to the Agency inJduplicate conforming to the provisions of this agreement. 3.2 Property Inspection. Personally inspect each parcel, including all buildings, structures, improvements, fixtures, appurtenances, and other elements of value thereon or belonging thereto. The Appraiser shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Appraiser, or to have his designated representative accompany the Appraiser, during his detailed inspection of the property. If the Appraiser's inspection or investi- gation discloses a sale of a portion of a parcel by an unrecorded contract of sale or otherwise, the Appraiser shall furnish separate reports for each separately owned portion of the parcel. 3.3 Valuation Data. Make such investigations, studies, and property inspections as are appropriate to enable the Appraiser to derive sound con- clusions and to prepare the appraisal reports to be furnished under this agree- ment. The Appraiser shall ascertain the most recent sale of each property appraised and any other sales of such property during the last three (3) years preceding the appraisal and shall investigate any recent offer or offers of the owner to sell his property. Such sale or sales of the property appraised and all recent sales of other properties that are sufficiently comparable to the property being appraised to be considered by the Appraiser in forming his opinion of fair market value shall be verified insofar as practical. Each such verification shall include inspecting the property and interviewing the seller, buyer, agent, or other person, who participated in the transaction, to ascertain the consideration paid, the terms and conditions of the sale, any special factors affecting the amount of the sale price, and the actual character and condition of the property at the time of sale. 3.4 Testimony in Judicial Proceedings. Testify as an expert witness in behalf of the Agency in any judicial proceedings involving any property appraised under this agreement. Such services shall include such 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. 3.5 Modification of Delivered Appraisal Reports. Modify or furnish supplements to any- appraisal report furnished hereunder, without additional cost to the Agency, if (a) applicable principles of law with respect to the valuation of the property require the modification or supplementing of such appraisal, (b) material omissions, inaccuracies or defects in the appraisal report are discovered after delivery and acceptance of the re�ort by the Agency, or by the Agency's Review Appraiser, or (c) the Appraiser receives or becomes aware of relevant additional appraisal information in existence prior to the -2- date the Appraiser signed the report. If there is a significant delay between 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 or the interest to be acquired, or other cause, the Appraiser shall, if requested by the Agency, furnish the Agency.a,supplemen- tary report updating his valuation and the supporting data and analyses to a current date. The compensation for such updating of an appraisal shall be determined in accordance with Article 6. 3.6 Retention of Appraisal Records. Retain a copy of each appraisal report and notes and records germane to the appraisal for three (3) years after delivering the appraisal report to the Agency or until the property is acquired by the Agency or'its proposed acquisition of the property is abandoned, whichever is later. 3.7 Consultation with Agency. Advise and consult with the Agency and its legal counsel regarding services performed and to be performed by the Appraiser and the real property acquisition aspects of the Agency's plans and programs as related to the properties involved in this agreement, as such time or times as may be mutually convenient for the parties to this agreement, without additional charge to the Agency. The Appraiser shall initiate such consultations whenever he needs legal advice on any aspect of the appraisals to be furnished under this agreement. ARTICLE 4. CONTENTS OF APPRAISAL REPORTS. The appraisal report or reports to be furnished by the Appraiser to the Agency in accordance with this agreement shall contain certain information and the Appraiser's conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each parcel as defined in Article 1. However, if the Appraiser is to appraise several parcels in the same general area, he may also prepare and submit a separate overall report and data volume and use it as a data source and reference in the separate appraisal reports on the individual parcels. The appraisal report on each parcel shall consist of a cover sheet as provided in Paragraph 4.1, followed by a report furnishing the Appraiser's opinions and conclusions and the data and analyses on which they are based. The appraisal report on each parcel shall include the following: 4.1 Appraisal Summary. A cover sheet headed "Appraisal Report for (name of the Agency)," which may be a printed form, completed to provide the following: a. Project name. b. Date of the report. c. Parcel number, address of the property, brief identification of the interest in the property appraised, and the name of the owner or owners. d. Date or dates of the Appraiser's inspection of the property with the owner, owners, or the owner's designated representative, including the name of each owner or representative of an owner who accompanied the Appraiser during his inspection and the interest held in the property or representative capacity of each such person. Identify any owners of a compensable interest in the property, who were not present or represented during the Appraiser's inspection, including identification of the interest in the property held by each such owner. e. The Appraiser's estimate of the fair market value of the property and the fair market value of the same interest in the land, if vacant. f. The limiting conditions of the appraisal, which may include assump- tions (1) that the title is good and marketable, (2) that no responsi- bility is assumed by the Appraiser for legal matters, especially those affecting the title to the property, (3) that the legal description of the property and the interest therein to be appraised, furnished to the Appraiser by the Agency, is correct, and (4) that no survey of the property has been made. Any other appropriate assumption or limiting condition may be added if it has been specifically approved in writing by the Agency. -3- g. The certifications of the Appraiser (1) that he personally made a thorough inspection of the property, (2) that, to the best of his knowledge and belief, everything contained in the report is true and no relevant and important fact has been omitted, (3) that neither his employment nor his compensation is contingent on the valuation reported, and (4) that he has no past, present, or prospective interest (including that of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict, in any way with the services performed or the making of an impartial report. h. A certification that, in the Appraiser's opinion, the fair market value of the property is (an amount to be stated) as of (the date of valuation determined in accordance with Paragraph 2.4 of this agreement). i. The signature of the Appraiser. 4.2 Ownership. The name and address of the owner of the pro;.zrty and .the name and the address, if known, of any other party known or believed to hold a separate compensable interest in the property. For any party listed as holding a separate compensable interest in the property, furnish a description of the interest when providing the property delineation in accordance with Paragraph 4.3 hereof. 4.3 Delineation of Property. The street address of the property and an accurate legal description of the real property and the interest therein appraised. The property delineation shall specifically exclude and describe any separately held interest in the real property, which under the definition of "parcel" in Article 1 is to be appraised and acquired either separately or as an appurtenance of another parcel to be acquired. The description shall also specifically exclude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's project. If there are any separately held interests in a parcel, which are to be acquired with other interests in the same parcel, such as leaseholds, tenant -owned improvements, life estates, easements, and water, gas, oil, or mineral rights, furnish a description of each separate interest comprising part of the property appraised and the name of its owner. 4.4 Off -Record Title Information. Information with respect to outstanding interests or instruments affecting the title, but not of record, such as leases, contracts of sale, and other interests or rights or parties in possession. Such information shall be reported, and if the facts obtainable by inquiry and inspec- tion 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 completion of the appraisal until the question is resolved. 4.5 Inventory of Improvements. If requested by the Agency, an inventory shall be provided identifying each building, structure, or other improvement, including movable and immovable building equipment and other fixtures considered to be part of the real property. For the purpose of delimiting the real property improvements, any building, structure, fixture, or other improvement, which would be real property if owned by the owner of the land, shall be considered to be real property notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, fixture, or other improvement, at the expiration of his term. The ownership of any improvement by anyone other than the land owner shall be identified on the inventory. In the case of a commercial, industrial, governmental, or farm property involving substantial quantities and kinds of fixtures, such as machinery and equipment, a property analysis shall be made in accordance with Paragraph 4.6 hereof. The property analysis shall be submitted to, and be approved by, the Agency before completing the appraisal and, as approved by the Agency, shall be included as an exhibit in the Appraiser's report. 4.6 Property Analysis. A property analysis when required in accordance with Paragraph .5 hereof. The property analysis shall list, identify, and classify as to ownership and type of improvement, all items of physical property considered to be part of the real property. The property analysis shall also -4- Er - identify tangible personal property located on the premises to the extent reason- ably necessary to prevent misunderstandings as to what is regarded as being real or personal property. Buildings including appurtenant movable building equipment, structures, other improvements, and fixtures, including their accessories and spare parts, shall be identified and classified as to owner- ship and type of property as follows: a. Ownership. (1) Owner of the land. (2) Each tenant in occupancy. (3) Each non -occupant owner of any fixtures or other improvements, or personal property on the premises. b. Type of property. (1) Building, structure, or other fixed improvement. (2) Building equipment, movable. (3) Fixtures, classified as to whether economically movable for reuse, movable for salvage only, or immovable. (4) Personal property, identified as to types and approximate amounts, or otherwise, as needed to obviate misunderstandings as to the classification of any item. If any building, structure, or other improvement is not to be acquired, will not be adversely affected by the Agency's project, and will not be required by the Agency to be removed, such as a pipeline in an easement not to be acquired, such improvement shall be identified as excluded from the appraisal. 4.7 Property Data. Description of the property, including information pertinent to the appraisal with respect to such matters as (a) the environment and location of the property, (b) the zoning and any restrictive covenants, conditions, or servitudes affecting the available use or occupancy of the land, (c) the assessed value of the real property and the current annual real estate tax burden, (d) the use and occupancy of the property at time of appraisal, (e) the public improvements, services, and utilities serving and providing access to the property, (f) the character, topography, dimensions, and area of the land, (g) the freedom of the property from or susceptibility to special hazards, (h) the current rental and rental history of the property, if rented, (i) the estimated annual costs of ownership and for operation and maintenance of the property, and (j) a description of the buildings, structures, fixtures, and other improvements, if any, appurtenant to the land, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions, floor area, age, condition, space or room arrangement, functional utility, and any other characteristics or attributes of the improvements germane to the value of the real property. The appraisal report shall contain a sketch plat showing the shape and dimensions of the land, the location of the principal improvements on the land, the location of any easements in the land, and the abutting streets, alleys, or other public rights of way. The report shall also include such exterior photographs, each clearly identified, as are appropriate as part of the description of the property. 4.8 .Legal and Title Matters Affecting Value. Report of any official citations or personal observations by the Appraiser of any condition or occupancy of the property in violation of the law and any other legal or title matters affecting the available lawful uses or the value of the property. 4.9 Highest and Best Use. The Appraiser's opinion as to the highest and best use for the property. The appraisal report shall also include the Appraiser's opinions as to any variations of such use and any other uses or kinds of use for which the property is reasonably suitable or adaptable. Any differences between the Appraiser's estimate of highest and best use and the actual use of the property at the time of valuation shall be explained. If the highest and best use is self-evident and not materially different from -5- the actual existing use, a statement to that effect will suffice. However, if the property is unused vacant land or the highest and best use if found to differ significantly from the present use, the appraisal report shall contain the analyses by which the Appraiser reached his conclusions as to the highest and best use and as to the relative suitability or adaptability of the property for any other available uses for which the property could reasonably be considered to be suitable or adaptable. The analysis of a potential use shall include consideration of relevant matters, such as the suitability of the location, the environment, and the legal and physical attributes of the property for such use, the estimated cost, if any, of converting the property to such use, and the supply, sale price levels, and relative desirability of other properties that would compete for the same kind of use. Because the Appraiser's finding as to the highest and best use is a conclusion that the property does not have a higher present value for any other use, the analysis of the property for the future use or uses found to be the highest and best use if part of the process of appraising the property and, therefore, may be included in the valu- ation analysis furnished in accordance with Paragraph 4.10 hereof. 4.10 Property Valuation and Appraisal Analysis. The opinion of the Appraiser as to the fair market value of the property. The appraisal report shall contain a description of the reasoning process used by the Appraiser in reaching his conclusion as to value and all data and analyses needed to explain and support his valuation. The supporting data and analyses furnished in the appraisal report shall include, among other things, the following: a. The data and the analyses that consitute the principal basis for the Appraiser's opinion of the fair market value. Information shall be furnished with respect to recent sales of other properties which are considered by the Appraiser to be comparable with, and to provide useful evidence of the value of, the property appraised. The informa- tion furnished with respect to each such comparable property and its sale shall include, among any other pertinent facts, the names of the grantor and grantee, the date of the sale, the sale price, any special terms or conditions or circumstances of the sale that affected the transaction, and a description of the property and its condition at time of sale in sufficient detail for use in comparing it with the property appraised. The appraisal report shall contain the Appraiser's analysis of each comparable property and its sale in relation to the property appraised. The Appraiser's analysis in each case shall reflect consideration of, and appropriate allowances for, the difference in the time of the sale and the date of appraisal and the differences in the utility, desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map showing the location of the property appraised and the comparable properties referred to in the appraisal report. b. All other information, analyses, and estimates considered by the Appraiser to be relevant to the estimation of the fair market value of the property. c. If the property appraised is part of a larger parcel in the same ownership or is less than the entire interest of the owner in the property, the appraisal report shall contain the Appraiser's opinion of Just Compensation for a taking of such property or interest, using the before - and -after method of valuation as interpreted under`State law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. The appraisal report shall also contain, for information purposes only, the Appraiser's estimates of the fair market value of the to -be -acquired part or interest and the net damages or benefits to the remaining property of the owner. d. Such maps, plans, photographs, or other exhibits, as necessary, to explain or illustrate the analyses of the Appraiser. e. The Appraiser's evaluation of the indications of value deduced from his separate analyses of the various evidences of value and an explanation of how he reached his final conclusion as to the fair market value of the property. f. If the property is a multi -family or mixed-use property, the appraisal data shall be broken down in such a manner that the appraised value -6- of the owner -occupied portion of the parcel (structures and land) can be separated from the total value of the parcel. (Mixed-use property is a parcel wherein an owner -occupant resides and also conducts a business as defined in 1371.1 HUD Relocation Handbook.) The Appraiser's report shall explain how he made the apportionment and the rationale therefor. ARTICLE 5. SERVICES TO BE PROVIDED BY AGENCY. The Agency agrees to furnish the Appraiser the following: 5.1 Parcel Map. A map or plat, based on official records, of the property described in Article 1 hereof, showing the boundaries and dimensions of the parcels to be appraised. Each parcel shall be designated by a number, and the parcel numbers shown on the Appraiser's reports shall correspond to the parcel numbers shown on the map or plat, except that additional parcel numbers may be assigned by the Appraiser for easements appraised separately or for additional parcels revealed while making the appraisals. 5.2 Ownership Data. An ownership data report for each parcel, which report will show all estates and interests in the parcel as shown of record and conse- quently shall not be assumed to define the interest to be appraised or any sepa- ration of interests for appraisal purposes required by the definition of "parcel" in Article 1 hereof. The ownership data report on each parcel as shown on the parcel map shall include: a. The name (and, if known or shown of record, the address) of the ostensible owner as it appears of record; b. The legal description of the parcel as shown by the conveyance or con- veyances or other instrument by which the record owner acquired title; c. The amount of Real Estate Taxes for the current year and the assessed valuation stated separately for land and from improvements. 5.3 Legal Advice. Advice, upon request of the Appraiser, on legal matters affecting the appraisal of any property to be appraised. ARTICLE 6. PAYMENT. In consideration of the undertakings and agreements on the part of the Appraiser contained in this agreement, the Agency agrees to make payments to the Appraiser upon.completion by the Appraiser of services to be provided hereunder and the submission to the Agency of properly certified invoices therefor, as follows: 6.1 For appraisal services and reports furnished by the Appraiser in accordance with Paragraph 3.1 hereof and accepted by the Agency, and for all other services furnished in accordance with Article 3 hereof, except services furnished in connection with judicial proceedings as provided in Paragraph 3.4 hereof, and the updating of appraisals as provided in Paragraph 3.5 hereof, payments shall be made in accordance with the attached schedule, marked as Exhibit "B". 6.2 For services furnished by the Appraiser in connection with judicial proceedings as provided in Paragraph 3.4 hereof, (except services as an expert witness in such a proceeding), for the updating of appraisals as provided in Paragraph 3.5 hereof, $ 32.50 per hour or fraction thereof actually engaged in performing the services. Any and all expenses of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser. 6.3 For services as an expert witness for the Agency in judicial proceedings as provided in Paragraph 3.4 hereof, with respect to any property appraised by the Appraiser pursuant to this agreement, the Appraiser and the Agency hereby=agree that the fair and reasonable compensation for the Appraiser's services shall be $ 260.00 for each full day's attendance in court, or $ 130.00 compensation when attendance is one-half day or less. 6.4 Payment for appraisal services, reports and services in connection with judicial proceedings pursuant to the fulfillment of this contract shall not exceed the sum of $2,500.00 , which shall constitute full payment to the Appraiser -7- ��: s.r,e��>;a�'+-r^wr...,..,,.,�.1.,... ..:>'�e':'u�"'.may'�LF3�T��"'�,.=�L•».r,,-,,,:.n.: Herz-'++n..°����'�-'?� s; for all of said services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in or in connection with the performance of said services. 6.5 In the event the Agency requests services to be performed by the Appraiser for property which has been designated for the project year contemplated by the execution of this Agreement, and the services are requested more than eighteen months after the date of this Agreement, then payment to the Appraiser shall be based upon the most current contract for appraisal services existing at the time work is requested. ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF APPRAISER. As an inducement to the execution of this agreement by the Agency and in consideration of the agreements to be performed_ by the Agency, the Appraiser represents and agrees that: 7.1 Qualifications. The Appraiser is qualified to perform the 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 Appraiser 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 any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procure- ment of this agreement. 7.3 Interest of Appraiser and Appraiser's Employees. The Appraiser 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 of 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 Agency or excluded from its project or projects 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 said property, perform services in connection with said property, or testify volun- tarily as a witness in a condemnation or other proceeding with respect to such property. 7.4 Services to be Confidential. All 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 autho- rized 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. 7.5 Facilities and Personnel. The Appraiser has and will continue to have proper facilities and personnel to perform the services and work agreed to be performed hereunder. If the Appraiser proposes to employ any person or persons to make any appraisals of machinery and equipment or other specialized elements or attributes of a property appraised under this agreement, the employment of such person or persons for such purpose shall not place the Agency under any obligation to such employee, nor relieve the Appraiser of full responsibility for the faithful performance of the services to be furnished hereunder. 7.6 Equal Employment Opportunity. During the performance of this agreement: a. The Appraiser will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Appraiser will take affirmative action to ensure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Appraiser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. -8- b. The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 7.7 Assignment. The Appraiser'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 hereurJer to a bank or financial institution. This agreement may be assigned by the Agency to any corporation, agency, or instrumentality having authority to accept the assignment. 7.8 Subcontracting. None of the work or services covered by this agreement shall be subcontracted without the prior approval of the Agency. 7.9 Affidavits of Compliance. The Appraiser will, if requested by the Agency, furnish the Agency affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. CHANGES. The Agency, at any time by written notice to the Appraiser 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 Appraiser or in the time required for their performance, equitable adjustment shall be made in the provisions of this agreement for payments to the Appraiser or for the time for performance of the services or for both, and this agreement shall be modified by agreement of the parties accordingly. ARTICLE 9. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the Appraiser shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if the Appraiser shall violate any of the covenants or agreements thereof, the Agency may upon written notice to the Appraiser terminate the right of the Appraiser to proceed under this Agreement or with such part or parts thereof as to which there has been default, and may hold the Appraiser liable for any damages caused to the Agency by reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this agreement shall, at the option of the Agency, become its property and the Appraiser shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Agency. The Appraiser, however, shall not thereby be relieved of lia- bility to the Agency for damages sustained by the Agency by reason of any breach of the agreement by the Appraiser, and the Agency may withhold any payments from the Appraiser for the purpose of setoff until such time as the amount of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond the control and without the fault or negligence of the Appraiser, but this shall not prevent the Agency from terminating this agreement because of such delay. ARTICLE 10. INTEREST OF MEMBERS OF AGENCY. No member of the Agency 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 Agency 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 United States 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. An action, notice, or request taken, given, or made by the Agency hereunder may be taken, given, or made by H. 0. Alderson, Executive Director, or such other person or persons as the Agency may, by written notice to the Appraiser, designate for such purpose. All notices given or made to the Appraiser hereunder shall be -9- deemed to be duly and properly given or made if mailed to the address specified below, or delivered personally to the Appraiser. All notices or other papers given or delivered to the Agency hereunder shall be deemed to be sufficiently given or delivered if mailed, postage prepaid, to the Urban Renewal Agency of the City of Lubbock, 902 Texas Avenue, P. 0. Drawer 10336, Lubbock, Texas 79408 or to such other representative or address as the Agency may designate to the Appraiser in writing. ARTICLE 13. AFFIRMATIVE ACTION PLAN. The Appraiser 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. TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions. IN WITNESS WHEREOF, the Agency and the Appraiser have executed this agreement on or as of the date first above written. ATTEST: Aozze�� --- ' SECRETARY APMISER 1613 Avenue Q ADDRESS Lubbock Texas 79401 CITY STATE ZIP CODE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS -t BY: CHA 50M EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 1711 Spruce 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce 56500-33-3 1712 Spruce 56500-33-4 1714 Spruce Appraisals shall be delivered to the Agency within thirty (30) calendar days from the date of notification of the Preliminary Acquisition Notice, given by the Agency to the owners or occupants of the property. The appraiser shall be notified by the Agency of the Preliminary Acquisition Notice. .. •..,. r s7, .. r, ro.J tr .r.. Ya r. r +' }W .. EXHIBIT "B" SCHEDULE OF ACQUISITION APPRAISAL FEES Posey Lakeside East Community Development Program, Area No. 28 Single-family residential structure located on one parcel.............$150.00 per parcel Duplexes..............................................................$180.00 each Two residential living units located on one parcel (detached units) ... $185.00 per parcel For each extra living unit over two located on one parcel.............$30.00 for each living unit over two, per parcel Vacant parcel (residential use) establishing land fair market value only..........................................................$90.00 Services rendered in connection with condemnation proceedings shall be at the rate of $260.00 per diem for each full day's attendance in court, or $130.00 per compen- sation when attendance is one half-day or less. Service rendered in preparation for condemnation proceedings shall be at the rate of $260.00 per diem for each full day's preparation for court or $32.50 per hour. EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 x 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce EXHIBIT "A" Posey Lakeside East Community Development Program, Area No. 28 Parcel No. Address 56500-32-7 1715 Spruce 56500-32-8 1713 Spruce 56500-32-9 1711 Spruce 56500-32-10 1709 Spruce 56500-32-11 1707 Spruce 56500-33-1 1708 Spruce 56500-33-2 1710 Spruce 56500-33-3 1712 Spruce 56500-33-4 1714 Spruce URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. 0. DRAWER 10336 TELEPHONE 13061 LUBBOCK, TEXAS 79408 762-6411 EXT. 2296 MEMORANDUM TO: Urban Renewal Agency Staff DATE• July 10, 1984 Tommy Cantrell Appraisal Co. Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the PLEA Area No. 8, 8th Yr. C.D. Program One more parcel has been selected for acquisition in the Posey Lakeside East Area. It is described as follows: Parcel No. & Address Legal Description Owners Name & Address 56500-32-4 I.ot 4, Block 32, Willie Lee Byrd 1.712 Teak Morrow Re -subdivision, 1712 Teak an Addition to the Lubbock, Texas 79403 City of Lubbock, Lubbock County, Texas. The preliminary acquisition notice will be delivered around the end of the month. "A / zo' / Sharon Pattillo ASSIGNMENT OF CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." I. The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY OF LUBB K ALAN HENR MAYOR AT T: _ Ran-etto, Boyd City': Secretary APPROVED AS TO CONTENT: Sandy OWletx9ee Community Development Coordinator APPROVED AS TO FORM: Michele Glisar Assistant City Attorney URBA ENEWAL AGENCY F THE CIT LUBBOCK, T A P4 VICE-CHAIRMAN BOARD OF COMMISSIONERS ATTESTS S16cretary CONTRACT NO. D-86 DEMOLIT ON AND SITE CLEARANCE CONTRACT AND DOCUMENTS AND TECHNICAL SPDCIFICATIONS FOR COMMUNITY DEVELOPMENT PROGRAM 8TH AND 9TH ACTION YEARS 7, 16, 17, 25 AND 28 URBAN RENEVAL AGENCY OF THE CITY OF LUBBOCK, TEXAS Mr. J: R. Cammack Chairman Mr. Edward Luskey, Vice Chairman Mrs. Lynnda Jenkins Mr. Pete Lara Mr. Owen McWhorter, Jr. W. Kevin G. McMahon Mr. James Pipkin Mr. TW J. Rollins Mr. Clay Leaverton H.O. Alderson, Executive Director December 1983 Bid Set No. 2 AGREII,1ENT FOR DII"IOLITION AtrD SITE CLEAPM T THIS AGFEEwNT made this 20th _ day of by and between J. L. Kubacak December , 19 83 0 "(and individuals trading as Kubacak Dirt and Caliche ) hereinafter called the "Contractor", and Urban Renewal Agency of the City of Lubbock, Texas, hereinafter called the "Local Public Agency". WITNESSETH, that the Contractor and the Local Public Agency for the consideration stated herein mutually agree as follows: ARTICLE 1. Statement of Wbrk. The Contractor shall furnish all supervision of technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation and security services, and perform and complete all work required for the Demolition and Site Clearance in an efficient and work- man -like manner, as follows: Consisting of clearance of approximately 20 structures _._. on 201G cif hand located in the Lubbock Community Developmen rogram Area o the Urban Renewal Project in`�ie City of Lubbock, Texas. Types and number of-" structures are -as -attached all in stricct.accordance-with the ntr ct Documents for Dean on and Site Clearance, includingll Addenda thereto numbered 0 0 , and 0 , dated 0 and 0 , all as prepared by the Lubbock Urban Renewal Agency, acting and, in these Contract Documents for Demolition and Site Clearance, referred to as the "Engineer". A.RTICLR 2. The Contract Price. The Local Public Agency will pay the Contractor for performance of the Contract, in current funds, subject to additions and deductions as provided in Section 107, CHANGES IN THE WORK, GENERAL CONDITIONS, PART II, the sum of Seventeen Thousand Five Hundred & Fifty Dollars ($ 17,550.00 ) in addition to and above the value of such salvaged materials specified to become the property of the Contractor. ARTICLE 3. Contract. The executed contract documents shall consist of the following: a. This Agreement f. General Conditions Part I & II b. Addenda q. Special Conditions c. Invitation for Bids h. Technical Specifications d. Instructions to Bidders i. Drawings (as listed in the e. Signed Copy of Bid Schedule of Drawings) -17- This AGREE =, together with the other documents enumerated in this Article 3, which said other documents are as fully a part of the Contract as if hereto at- tached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the ccn�onent part first enumerated in this Article 3 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exe- cuted in 3 original copies on the day and year first above written. �?TTEST: H. O. Alderson, Secre Kubacak Dirt and Caliche / � c ` ra toBy `�-._- ' T' e Owner Address Rt. 9, Box 586 Lubbock. Texas 79423 URBAN RENEWAL AGENCY OF THE CITY OF jChairman (Print or type the names underneath all signatures). certify that I am the of the Corporation named as Contractor herein, that who signed this Agreement on behalf of the Contractor, was then of said corpora- tion; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. (Print or type the names underneath all signatures) . -18- Corporate Seal Area & Parcel M enF�r AELA i 1 54310-3-28 9 1152 i 1 Stucco 54310-3-30 $�2� 54310-4-14 1 Stucco 15 54310-22-29 688 54310-3-2 Steel Siding 54310-29-6 , $ AREA 16 1 5190-48-20 15 5190-52-30 504 AREA 17 Asbestos 93330-7-170 $ 93330-4-2 1 93330-1-12 b 93330-1-13 480 93330=5-3 Weatherboard 93330-2-6 $ D 93330-2-7 AREA 25. 23180-2-10 23180-2-20 BID DIST Demolition Contract D-86 ' Eighth and Ninth Year Community Development Estimated Struc- No. of Type of Time for Bid for ture area in Stories Construction Demolition Each Square Feet . (days) Item 621 1 Stucco 15 1152 493 1 Stucco 15 $�2� 675 1 Stucco 15 $� 688 1 Steel Siding 15 $ 1219 1 Asbestos/'Wood, 15 504 1 Asbestos 15 $ .S 674 1 Asbestos 15 s. 480 1 Weatherboard 15 $ D Lot and foundation only 1149 1 1136 1 1152 1 1088 1 1503 1 1120 1 616 1 816 1 Stucco 15 Stucco 15 $.,. 200 $-Z 0 S" -D $ /0 S"o $ $�pSa $ .Z S ^D $ /D S`G 7 Steel Siding 15 Stucco 15 Wood 15 Steel Siding 15 Stucco 15 Block/Brick/ Wood 15 Stucco 15 Stucco 15 $.,. 200 $-Z 0 S" -D $ /0 S"o $ $�pSa $ .Z S ^D $ /D S`G Page 2 Area & Parcel Number AREA 28 56500-33-1 _y 56500-32-5 56500-32-6 BID I..IST De clition Contract D-86 Eighth and Ninth Year Coir mmity Developiant Estimated Struc- No. of Type of Time for Bid for ture area in Stories Construction Derolition Each Square Feet (days) Item 758 1 Stucco 15 $ S� 664 1 Stucco 15 $ 4-0 884 1 Stucco/Block 15 $ 96-0 6 April 17, 1984 Demolition & Site Clearance Contract D-86 CD Project 8th and 9th Year In connection with Contract No. D-86 dated Deoenbe 20, 1983, for Derolition and Site Clearance in the Cbmmmity Development Program, 8th and 9th Year, Areas 7, 16, 17, 25, and 28, Project B -82 -MC -48-0022 and Project B -82 -MC - 48 -0022, in Lubbock, Texas the following change is ordered in accordance with Section 107.c of the General Conditions: Applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a supplemental Schedule o Unit Prices submitted with a lump -sum bid) the Local Public Agency shall order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (25%). Subject to conditions set forth, an equitable adjustment of the contract price and the contract time is established as follows: THE CONTRACT PRICE IS INCREASED FOURTEEN HUNDRED DOLLARS AND N0/100 DOMARS ($1,400.00) AND THE CONTRACT TIME IS NOT CHANGED. The conditions last above referred to are as follows: a. The aforementioned change, and work affected thereby, are subject to all contract stipulations and covenants; b. The rights of the local Public Agency are not prejudiced; and c. All claims against the local Public Agency which are incidental to or as a consequence of the aforementioned change are satisfied. ATTEST O. Alderson, Secretary WITNESS: URBAN RENEWAL AGENCY OF THE CITY OF ILMOCK BY R. Canuack, Chairman DATE: April 17, 1984 BY L. /Kubaca�kk, Owner DATE �f (} to in l 0000 r �j ko �vi 0 N T I 0 0 - 0 00 0 00 Ln -j kD l W W O N T I �* 0) F-+ 1 1 V — 0 0 n n 0 0 0 -� z rY 0 Ff o 0 00 m 00 N F✓ I -cn W Ln 0 0 0 0 0 0 �D W f✓ N cn to rr N M 0 a- � o, c c+ -• n M �/I (A rY � � C • n c 1 v .i C � m my r- �n 0 co z r- m— z -� -+ o c' C) Z -{ m •-� m myX orrnz P m --1 v� I m co W 0 0 N N z m %D cn �* Cl 0 0 0 — 0 0 -1 n 0 0 0 -� rY m a, N 3 fD c7 0 O $A '1 rT v ca A Z fD 0) Y m my r- �n 0 co z r- m— z -� -+ o c' C) Z -{ m •-� m myX orrnz P m --1 v� I m co W 0 0 N N Demolition & Site Clearance •`! Contract D-86 CD Project 8th & 9th Years CHANGE ORDER NO. 2 Gentlemen: In connection with Contract No. D-86 dated December 20, 1984, for Demolition and Site Clearance in the Com=ity Development Program, Project B -82 -MC -48-0022 and B -83 -MC -48-0022, in Lubbock, Texas, the following change is ordered in accordance with Section 107.c of the General Conditions: Applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a supplemental Schedule of Unit Prices submitted with a lump -sum bid) the Local Public Agency shall order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (250). Subject to conditions set forth, an equitable adjustment of the contract price and the,eontract time is established as follows: THE CONTRACT PRICE IS DECREASED THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) AND THE CCdTI'RACT TIME: IS NOT CHANGED. The conditions last above referred to are as follows: a. The aforementioned change, and work affected threby, are subject to all contract stipulations and convenants b. The rights of the Local Public Agency are not predudiced; and c. All claims against the Iocal Public Agency which are incidental to or as a consequence of the aforementioned change are satisfied. I AGENCY OF THE CITY OF LUBBOCK ATTES BY J. R. Cammack, Chairman H. O. Alderson, secre-fary DATE May 15, 1984 WITNESS: BY J. L. Kubacak, Owner DATE i F I- I i - I I- 1 1 1 1 I. 1 T.__._.1 L I 0 O O LO v Ln O O O N O W N N 00 � 1 I VH1- W �r co,. O � O �rtiu 41 L 4 EA t N N O O co I ri N co W 44 O N 4J 00 t11 N O I I 0 O O LO v Ln O O O N O W N N 00 � 1 I VH1- W �r co,. O � •' J. L. Kubacak June 26, 1984 Lubbock, Texas Demolition & Site Clearance', Contract D-86 CD Project 8th and 9th Years CHANCE ORDER NO. 3 Gentlemen: In connection with Contract No. D-86 dated December 20, 1983, for Demolition and Site Clearance in the Community Development Program, 8th and 9th Years, Areas 7, 16, 17, 25, and 28, Project B -82 -MC -48-0022 and Project B-82-MC- 48-0022, -82MC-48-0022, in Iubbock, Texas, the following change is ordered in accordance with Section 107.c of the General Conditions: Applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a supplemental Schedule of Unit Prices submitted with a lump -sum bid) the Local Public Agency shall order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent (25%). Subject to conditions set forth, an equitable adjustment of the contract price and the contract time is established as follows: ME CCUMACr PRICE IS INCREASED TWENTY ONE HUNDRED DOLLARS AND NO/100 DOLLARS ($2,100.00) AND Zig CCXMACr TIME IS NOT CHANGED. The conditions last above referred to are as follows: a. The aforementioned change, and work affected thereby, are subject to all contract stipulations and covenants; b. The rights of the Local Public Agency are not prejudiced; and c. All claims against the Local Public Agency which are incidental to or as a consequence of the T: H. O. Alderson, Secretary change j=�satis#ed. BY C w� \.— 4' Edward Luskey, Vice -Chairman/ June 26, 1984 _ / BY L. Ku6acak, Owner 0 - f-� ITI D vii 0Ul Ort o 0 a op op 0 rt rt LJ ct O N CO a) C O O v J Lri N R O p p d - O O O `< _ to r F - Ln Pb N In In O O O O O p O I O O O O a r► C Z f1 t rr N O C: N ,. c 't O -0 C I =1 7 -t � I 'h IO z 0 m N f ' O a _' rt rt 3 � d N rr Q n rf Wrt C f-� ITI D vii 0Ul Ort o 0 a op op 0 rt rt LJ ct O N CO a) C O O v J Lri N R O p p d - O O O `< _ to r F - Ln Pb N In In O O O O O p O I O O O O a r► C Z f1 t rr N O C: N ,. c 't O -0 C I =1 7 -t � I 'h IO z 0 .r p- 2-73 ASSIGNMENT OF CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Assignment is made by and between the Urban Renewal Agency of the City of Lubbock, hereinafter referred to as "Agency" and the City of Lubbock, a municipal corporation, hereinafter referred to as "City." I. The Agency hereby assigns all of its right, title and interest in the attached contract to the City of Lubbock, and the City hereby accepts such assignment. CITY OF LUBE CK ALAN HEN MAYOR ATTEST. Ranett Boyd City'Secretary APPROVED AS TO CONTENT: Sandy OgXdtreO Community Development Coordinator APPROVED AS TO FORM: Michele Glisar Assistant City Attorney URy�riQ/RENEWALE,DI�CY 0 THE CI OF LUBWK/TEXAt VICE-CHAIRMAN BOARD OF COMMISSIONER ATTES Secretary CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES This Agreement, entered into this 25th day of August , 19 83 by and between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "Agency", and HAROLD L. KELLY , hereinafter referred to as "Reviewer". WITNESSETH: WHEREAS, the Agency proposes to acquire certain real property (more partic- ularly described in Article 2 of this Agreement) and desires that the Reviewer furnish the Agency certain services with respect to such property, including the review of appraisals of each parcel comprising part of such property, and the Reviewer represents 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 the Lubbock Community Development 9th Year Program and 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 Agency 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 here- under are required by the Agency for its guidance in making fair and impartial determinations of fair market value and just compensation to be offered to each property owner. The text of each appraisal review report must cover all matters germane to the required valuation findings and must provide an explanation of the Reviewer's reasoning 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 relocation 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 the 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 Agency one copy of the report, within the number of calendar days specified for each parcel on the attached 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. Personally inspect each of the properties in accordance with each of the appraisal reports which have been furnished here- under. The Reviewer shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Reviewer, or to have his designated repre- sentative accompany the Reviewer during his detailed inspection of the property. 3.3 Valuation Data. Make such investigations, studies, and property inspections as are appropriate to enable the Reviewer to determine the accuracy and adequacy 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 shall 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 appraiser to make all necessary corrections in the reports submitted, partic- ularly those needed to ensure substantial consistency in the factual data contained therein. 3.5 Retention of Review Reports and Records. The Reviewer shall retain a copy of each review report and all notes and records germane to his report for three (3) years after delivering the review report to the Agency or until the property is acquired by the Agency or its proposed acquisition of the property is abandoned, whichever is later. 3.6 Consultation with Agency. The Reviewer shall advise and consult with the Agency and its legal counsel regarding services performed and to be performed by the Reviewer in the real property acquisition aspects of the Agency's plans and programs as related to the properties involved in this agreement as may be necessary to enable the Reviewer to complete his reports. ARTICLE 4. CONTENTS OF REVIEW REPORTS. The review report to be furnished by the Reviewer to the Agency in accordance with this agreement shall contain certain information and the Reviewer's conclu- sions and opinions thereon. A separate report shall be submitted for each appraisal reviewed. 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. Name or names of tenant(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 improve- ments 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. -2- i. List necessary valuations in case of a partial taking. J. Date the acquisition appraisal was received. k. Statement that the acquisition appraisal report is adequate, acceptable and all corrections have been completed by the appraiser. 1. Date 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 Reviewer's basis for conclusions as to fair market value. ARTICLE 5. SERVICES TO BE PROVIDED BY AGENCY. The Agency agrees to furnish the appraiser the following: 5.1 Parcel Map. A map or plat, based on official records, of the property described in Article 1 hereof, showing the boundaries and dimensions of the parcels which are the subjects of the appraisal reports to be reviewed. 5.2 Appraisal Reports. A copy of each of the appraisal reports to be reviewed shall be furnished to the Reviewer which.shall contain all pertinent information, including ownership data, 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 Agency agrees to make payments to the Reviewer upon completion of the services to be provided hereunder upon submission to the Agency of properly certified invoices therefor, as follows: For review appraisal services and review reports furnished by the Reviewer in accordance with Article 4 hereof and accepted by the Agency, and for all other services furnished in accordance herewith, and the updating or corrections of review reports as may be required by the Agency, payments shall not exceed the total sum of $ 3,000.00 , 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. In the event the Agency requests services to be performed by ,the Reviewer for property which has been designated for the project year contemplated by the execution of this Agreement, and the services are requested more than eighteen months after the date of this Agreement, then payment to the Reviewer shall be based upon -the most current contract for appraisal review services existing at the time work is requested. ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF REVIEWER. As an inducement to the execution of this Agreement by the Agency, and in consideration of the agreements to be performed by the Agency, the Reviewer represents 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. IMM 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 any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procurement 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 of 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 Agency or excluded from its project or projects by resolution of its governing body, the Reviewer and any 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 Agency, negotiate for any of said property, perform services in connections 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. All 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 Agency, without prior written approval of the Agency, 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. a. The Reviewer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Reviewer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Reviewer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. b. The Reviewer will, in all solocitations or advertisements for employees placed by or on behalf of the Reviewer, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 7.7 Assignment. 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 financial institution. This Agreement the Agency to any corporation, agency, or instruentality having authority to accept the assignment. 7.8 Subcontracting. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the Agency. 7.9 Affidavits of Compliance. The Reviewer will, if requested by the Agency, furnish the Agency affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. "CHANGES. The Agency, at any time by written notice to the Reviewer, may modify the scope or quanity of the services to be furnished under this Agreement. If such -4- 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 shall 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 Agency may upon written notice to the Reviewer terminate the right of the Reviewer to proceed under this Agreement or with such part or parts thereof as to which there has been default, and may hold the Reviewer liable for any .damages caused to the Agency by reason of such default or termination. ARTICLE 10. INTEREST OF MEMBERS OF AGENCY. No member of the Agency 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 Agency 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 United States 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, given, or made by the Agency here- under may be taken., given, or made by H. 0. Alderson, Executive Director, or such other person or persons as the Agency may, by written notice to the Reviewer, designate 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 below, or delivered personally to the Reviewer. All notices or other papers given or delivered to the Agency hereunder shall be deemed to be suffic- iently given or delivered if mailed, postage prepaid, to the Urban Renewal Agency of the City of Lubbock, Texas, 911 10th Street, P. 0. Drawer 10336, Lubbock, Texas 79408, or to such other representative or address as the Agency 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. TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions. -5- N IN WITNESS WHEREOF, the Agency and the Reviewer have executed this Agreement on or as of the date first above written. ATTEST: SECRETARY �( REVIEWER_____- - .."V- 4505 14th Street ADDRESS Lubbock, Texas 79416 CITY STATE ZIP CODE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: -n-e&=--Z 47 CHAIRMAN -6- EXHIBIT "A" AREA 7 Parcel No. & Address Parcel No. & Address 54310-2-2 2901 Colgate AREA 16 5190-24-40 5190-45-30 2714 Baylor 2717 Baylor 5190-26-10 5190-48-20 2702 Baylor 2809 Baylor 5190-44-30 5190-51-20 2709 Baylor 2825 Baylor 5190-44-40 2711 Baylor AREA 17 93330-1-12 93330-2-7 3407 Railroad Ave. 3513 Teak 93330-2-6 93330-3-7 3511 Teak 3513 Ute AREA 25 23180-2-10 11000-0-380 702 Walnut 2817 7th St. 23180-2-20 704 Walnut AREA 28 56500-32-5 56500-32-6 1714 Teak 1716 Teak Appraisal review reports for the referenced parcels shall be delivered to the Agency within fifteen (15) calendar days from the date of receipt of the acquisition appraisal by the Reviewer. EXHIBIT "B" SCHEDULE OF ACQUISITION APPRAISAL REVIEW FEES 9TH YEAR COMMUNITY DEVELOPMENT PROGRAM Single-family residential structure located on one parcel. ........ $105.00 per parcel Duplexes .. .......................................................$120.00 each Two residential living units located on one parcel (detached units)..........................................................$120.00 per parcel For each extra living unit over two located on one parcel ......... $30.00 for each living unit over two, per parcel Vacant parcel (residential use) establishing land fair market value only ......................................................$60.00 per lot AIM e URBAN RENEWAL AGENCY Of the City of Lubbock TO: Urban Renewal Agency Staff DATE: September 2, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrator SUBJECT: Removal of Parcel from the 9th Yr. C.D. Work Load, Area No. •lb RE: Parcel No. 5190-24-40 - 2714 Baylor Edgeworth Management Co. - Owner of Record Armundo De Luna - Contract of Sale Owner - The referenced parcel is being removed for now from the 9th Yr. C.D. Program work load. 0 L - i -.), 4�' t r, Sharon Pattillo, Real Estate Administrator SP 0 URBAN RENEWAL AGENCY Of the City of Lubbock Memorandum TO: Urban Renewal Agency Staff DATE: September 21, 1983 y Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Lstate Administrative Assistant SUBJECT: Addition and Removal of Acquisition Parcels in the 9th Yr. C.D. Program The following parcel is being removed for now from the 9th Yr. C.D. Program: Parcel No. 93330-3-7 - 3513 Ute - Area 17 Owner - Sanco Nash, Jr. Legal Description - Lot 7, Block 3, Phyllis Wheatley Addition The following parcel is being added to the 9th Yr. C.D. Program: a tt Parcel No. 93330-5-3 - 3604 Ute - Area 17 Owner - Reble Coleman Legal Description - Lot 3, Block 5, Phyllis Wheatley Addition A Preliminary Acquisition Notice will be mailed to Mrs. Coleman today. Sharon Pattillo Real Estate Admin. Asst. SP URBAN RENEWAL AGENCY Of the City of Lubbock Memorandum TO: Urban Renewal Agency Staff Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Admin. Asst. DATE: October 7, 1983 SUBJECT: Removal of Parcel from the 9th Yr. C.D. Work Load, Area No. 25 RE: Parcel No. 11000-0-380 - 2817'E. 7th Street Republic Bank - Owner The reference parcel is being removed from the 9th Yr. C.D. Program work load. Please make this adjustment in your records. Sharon Pattillo Real Estate Administrative Assistant SP URBAN RENEWAL AGENCY Of the City of Lubbock MEMORANDUM To: Urban Renewal Agency Staff Date: November 9, 1983 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly From: Sharon Pattillo, Real Estate Administrative Assistant Subject: Additional Acquisition Parcels in the 9th Yr. C.D. Program The following parcels are being added to the 9th Yr. C.D. Program: Parcel No. Address Legal Description Owner's Name S Address Area 7 X5+310-29-6 Lots 5 and 6, Block 29, Alvin Morris 3105 Auburn Maddox Addition 5218 40th St. Lubbock, Tx 79414 Area 16 5190-52-30 The West 50 feet of the Raphael Arroyo 2827 Bates North Half (1) of Block 52, 2827 Bates Arnett & Benson Addition Lubbock, Tx 79415 The Preliminary Acquisition Noties will go out today or tomorrow. Sharon Pattillo Real Estate Admin. Asst. SP TELEPHONE (®06) 762-6411 EXT..2296 URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 811 10TH STREET P. 0. DRAWER 10336 LUBBOCK, TEXAS 79408 MEMORANDUM T0: Urban Renewal Agency Staff DATE: February 17, 1984 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the 9th Yr. C.D. Program, Area 17 The following parcel is being added to the 9th Yr. C.D. Program, Area 17: Parcel No. & Address Legal Description Owner' Name & Address 93330-2-17 Lot 17, Block 2, Hattie Coleman 3504 Ute Phyllis Wheatley Addn. 1806 E. 2nd Street Lubbock, Tx 79404 The Preliminary Acquisition Notices for the tenant and owner will be mailed or delivered as soon as possible. G'rux/ S a on Pattillo sp URBAN RENEWAL AGENL-Y OF THE CITY OF LUBBOCK 911 10TH STREET P.O. DRAWER 10336 TELEPHONE (606) LUBBOCK, TEXAS 79408 762-6411 EXT. 2296 MEMORANDUM TO: Urban Renewal Agency Staff March 21, 19841v Brock, Morton & Pigg Law Offices ,`'Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattill.o, Real Estate Administrative Assistant SUBJECT: Additional Acquisition Parcel in the 9th Yr. C.D. Program, Arnett & Benson Addition, Area 7/16 The following parcel is being added to the 9th Yr. C.D. Program, Area 7/16: Parcel No. & Address Legal Description Owner's Name & Address 5190-24-40 The, Southeast quarter NO 2714 Baylor of Block 24, Arnett & Benson Addition The preliminary acquisition notices are being mailed today. Sharon Pattillo Armundo De Luna 2714 Baylor Lubbock, Texas 79415 (Buying on Contract of Sale) Edgeworth Management Co. 2302 Avenue Q Lubbock, Texas 79405 (Owner of Record) A AM URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 10TH STREET P. 0. DRAWER 10336 T[LEPHONC1806) LUBBOCK, TEXAS 79408 762.6411 cxT.2296 MEMORANDUM To: Urban Renewal Agency Staff Date: June 4, 1984 Brock, Morton & Pigg Law Offices Harold L. Kelly From: Sharon Pattillo, Real Estate Administrative Assistant Subject: Acquisition Parcel Removed form the 9th Yr. C.D. Work Load in the Arnett Benson Addition, Area 16 The following parcel is being removed from the 9th Yr. C.D. work load: Parcel No. 5190-24-40 - 2714 Baylor Owner - Armundo De Luna purchasing on Contract For Deed From Edgeworth Management Co. A "Notice of Determination Not to Acquire" is being mailed to the owners today. Sharon Patti to Real Estate Administrative Asst. sp !! I!' %"0 /Y') rVYy Ci►yv ✓�/i � G t G (.t C — 2 �7' URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK 911 1DTH STREET P. 0. DRAWER 10336 'TELEPNONEte061 LUBBOCK, TEXAS 79406 762.6411 Exr-129 j MEMORANDUM TO: Urban Renewal Agency Staff DATE: June 22i 1984 Brock, Morton & Pigg Law Offices Tommy. Cantrell Appraisal Company Harod L—Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Acquisition Parcel in the 9th Yr. C. D. Program, , Phyllis Wheatley Area No. 17 The following parcel scheduled for the 9th year work load is now being added. Parcel No. & Address Legal Description Owner's Name & Address 93330-2-5 Lot 5, Block 2, Justine Waldon 3509 Teak Phyllis Wheatley 3509 Teak Addition Lubbock, Tx 79404 The preliminary acquisition notice will be delivered as soon as possible. Sharon Pattillo URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK .911 10TH STREET P. O. DRAWER 10336 TE).EPHOHE MCA) LUBBOCK, TEXAS 79408 765-6411 EXT. 2296 TO: Urban Renewal Agency Staff DATE: July 20, 1984 Brock, Morton & Pigg Law Offices Tommy Cantrell Appraisal Company Harold L. Kelly FROM: Sharon Pattillo, Real Estate Administrative Assistant SUBJECT: Acquisition Parcels in the 9th Yr. C.D. Program, Arnett Benson Area 7/16 and C. D. Elliston Area 25 The following parcels scheduled for the 9th Year C.D. work load are now being - added. Parcel No. & Address Legal Description Owner's Name & Address 5190-42-50 The Southwest 65' x 100' Maria Muniz 214yfBoston Ave. of Block 42, Arnett & Benson 214 Boston Addition Lubbock, Tx 79415 69310-12-1 Lot 1, Block 12, Parks Daniel Molinar, Jr. 2801 1st Street Addition 104 Canton Lubbock, Tx 79415 (Contract of Sale) Mrs. Ruby Cupp 3414A 26th Street Lubbock, Tx 79410 (Owner of Record) 990895-56004-30 Abstract 895, Survey 4, Stephanie S,wTEh lfadl Al/IP 602 Ute Ave. Block 0, Tract A -12-A 4804 §5ttrftreet � o,i 46,, (134.5' x 135') L ock, Tx 79414 The preliminary acquisition notices will be delivered as soon as possible. Sharon Pattillo Tbnrny Cantrell 9th Year H. L. Kelly 9th Year Appraisal Contract P-284 Review Contract P-285 (1) Exhibit "A" (1) Exhibit "A" (2) Deletions from Exhibit "A" (2) Deletions from Exhibit "A Area 17 Area 16 93330-3-7 (9-21-83) 5190-24-40 (6-4-84) 3513 Ute 2714 Baylor Area 25 Area 17 11000-0-380 (10-7-83) 93330-3-7 (9-21-83) 2817 7th St. 3513 Ute Area 25 11000-0-380 (10-7-83) 2817 7th St. (3) Additions to Exhibit "A" (3) Additions to Exhibit "A" Area 7 Area 7 54310-29-6 (11-9-83) 54310-29-6 (11-9-83) 3105 Auburn 3105 Auburn Area 16 Area 16 5190-52-30 (11-9-83) 5190-52-30 (11-9-83) 2827 Bates 2827 Bates 5190742-50 (7-20-84) 5190-42-50 (7-20-84) 214 N. Boston 214 N. Boston 69310-12-1 (7-20-84) 69310-12-1 (7-20-84) 2801 lst St. 2801 lst St. Area 17 Area 17 93330-5-3 (9-21-83) 93330-5-3 (9-21-83) 3604 Ute 3604 Ute 93330-2-17 (2-17-84) 93330-2-17 (2-17-84) 3504 Ute 3504 Ute 93330-2-5 (6-22-84) 93330-2-5 (6-22-84) 3509 Teak 3509 Teak Area 25 Area 25 990895-56004-30 (7-20-84) 990895-56004-30 (7-20-84) 602 Ute 602 Ute