HomeMy WebLinkAbout30885 / 80-04August 21, 1980
�l � RESOLUTIOV
PURPOSE: AUTAORIZE CONTRACTS FOR APPRAISAL SERVICES FOR OSHKOSH
CENTRE PROJECT
INITIATED 3Y: DEPARTMENT OF COhL�fUNZTY DEVELOPMENT
S,??ERFQS, the Comm.on Ceur�cil of. the Ci±y ^* �;��?ccsh eas approved the redevelop-
ment plan for tne Oshkosh Centre Project; and
WHEREAS, thz first step necessary for implementation of [he plan is the
appraisal of certain real property located within the project area boundaries.
NOW, THEREFORE, BE IT RBSOLVED by the Common Council of the City of Oshkosh
that the proper City officials are hereby authorized and directed to enter into
the attached contracts for appraisal services with Fox Valley Appraisals, Inc.,
in the amount of $10,900.00 and with Barnard & Allworden Company in the amount
of $11,200.00. �Soney for this purpose is hereby appropriated from Account vo.
331-999, Oshkosh Do-antown Redevelopment Fund.
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AGREEMENT FOR FINAL APPRAISAI
THIS AGREEMENT, entered tnto thts day of , 19_, by and
between the %XXXXXXX of the Lity of �Oshkosh
5[aie of Wisconsin , herelnafter referred to as tFe "Local Publi<
Agency," and� Fox Valley Appraisals Zp� , herinafter referred to
as the "Appra ser."
WtTNE55E7H TNAT:
VHEREAS, the local Public Agency proposes [o acquire certain property
herelnaf[er referred to as [he ProJect Area (more particularly describes herein-
after) and desires to o6tain an appralsal of each parcel in the ProJect Area,
including all improvements structures, appurtenances, or o[her elements of value
which are recognized by the courts tn eminent domain proceedings; and
VHEREAS, the Appraiser represents [hat he is authorized and quailfied to
make such appralsal and is familiar wtth recogntzed appraisal practices and with
the standards required for determintng values in eminent danain proceedings;
NOW, THEREFORE, the Local Public Agency and the Appraiser, for the consider-
atlons and under the conditions hereinafter set forth, do agree as follows:
The Appraiser agrees to:
Make a personal inspectlon of each parcel in the ProJect Area �
Including all improvements, structures, signs, advertising displays,
fixtures, appurtenances, or other elements of value [fiereon or
[hereunto belonging which are recognized by [he cour[s in eminent
danain proceedings and to advise the Local Public Agency, in a
written report, of his op(nion of [he fair market vaiue of each
such parcel, �cluding all items recelving an evaluation n the
Ftxture Appraisal, if any.
Provide the owner of each parcel or his designated representa[ive
an opportunity, by reasonabte advance notice in writing or other-
wise, [o accompany the Appraiser during his detailed inspection
of the property. in the process of inspecting property, the
Appraiser shall, to Yhe extent practicable, ascertain [he rights
of all parties tn possession and note for consideration all
factual information and comments furnished by the owner or his
representative relevant to the appraisal. If another Appraiser
is also to appraise the same property, each AOPraiser shall make
e reasonable effort to tnspect the parcel at the same time, as
not to inconvenience the owner of each parcel or his designated
�epresentative; however, each Appraiser must otherwise prepare
h�s appraisal report independently. Each Appraiser shall nottfy
Che Relocation Specialist of Che Local Agency. by reasonable
advance notice in writing or otherwtse of the date and time of
tfie inspection for each parcel, and [o provide a reasonable
opportunity for said local rep�esentative [o accompany the Appraiser
during inspectton.
c. Verify, insofar as is practicahle, all recent sales of the property
appraised, and all recent sales of canparable pro0erty which the
Appraiser has taken tnto considera[ton as reflecting the fair
market value of the property appraised. Such verification sh311
include intervtewing the setler, buyer, agent, or any other
person known to have participaied in the transaction, [o ascertain
the consideration, the terms and conditions of the sale, any
special factors affecttng the amount of the consideration, and
the actual condition of the property at the time of transfer.
d. Complete appraisal report 30 days following notice by the Local
publtc Agency [o proceed with [he appraisal of each certain
parcel.
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concerning the activ�ty of [he real estate.marke[ in the immediate
area wtthtn and surrounding the ProJect Area during [he past few
years and current merket conditions.
4. The report shall contain addttional information under the followtng
ctrcumstances:
s. Inspectlon. If an owner of a compensable interest in the property
o� a representative o4 such owner does not accanpeny the Appraiser
durtng the inspection, the ApOraiser shall include in his appraisal
report a copy of his notification to such owner of such opportuni[y
to accanpany [he Appralser, certified by the Appraiser to have
becn delivered to such owner personally or by cert(fied or regis-
[ered mail not less than seven (7) days prior to his inspection
of tfie property. .
Owner-Occu ant in a Multtfamil or Mixed-Use Propert . ff [he
property is a mul[ifamtly or mixed-use residential and nonresiden-
ttal) property and the owner of a compensable in[erest tFerein,
as defined in the next sentence, occupies a dwelling in tfie
property, the Appraiser shall furnish an apportionmen[ of his
estimate of [he fair market value of xhe whoie property [o such
dwelling, or to each owner occupied dwelling if more [han one,
and to the remainder of the property. For the purpose of this
paragraph, an occupant of a dwelling shall be considered to own a
canpensable interest in the property If he holds Fee [itle, a
ltfe estate, a 99-year lease, or a lease with no[ less Chan 54
years to run fran the date of valuation, or holds an interest in
a cooperative housing pro)ect which includes the righ[ of occupancy
of a dwelting unit [heretn, or is the contract purchaser of any
of the foregoing estates or interests, or has a lease hold interest
witfi option to purchase. The Appraiser's report shall expiain
how he made the apporttonment and [he ra[ionale therefore.
Severance. In the event of�severance, the Appraiser shall state
hts opinion of the fair market value of [he whole, the fair
market value of tfie part not taken, and the value of any special
benefits accruing to the part not taken whtch under local law may
be taken into considera[ion; and shall state his opinion and
analysts and the fair allocation of the value oF [he part taken,
and that represented in the d(mtnished value of the remainder,
giving due consideratton under local law to the vatue of such
special benefits, if any. Where an allocation is made for sever-
ance damages, a full statement of [he reasons for such an alloca-
tion should be made. �
5. The performance.of serv(ces or acceptance of the appraisal repor[s
required hereunder shall not relieve tfie Appraiser from obligation to
correct any defective work subsequenxly discovered, and all incomple[e,
tnaccurate, or defective work shall 6e remedied by [he Appraiser o�
demand wftFout cost to the Local Public Agency. .
6, hn tfie event that the tes�timony of the Appraiser is required in any
tegal proceedings in connectton with [he Local Public Agency's acquisi-
[ion of the property herein referred to, the Appraiser agrees to
appear as a witness on 6ehalf of [he Local Public Agency and agrees
that the fair and reasanable compensation for his services shall be
the sum of $ 350.00 Oer day for each 4u11 day's attendance in
court. In tFe event such attendance shall be one-half day or less,
compensation shall be made on the basis of ¢75.00for such half day.
Tfie Appratser shall keep such persronal records of atl deiails with
respect to the appraisal of parcels as will enable the Appraiser to
appear as such witness.
7. �t is understood and agreed that [he Appraiser shall receive canpensa-
tton for services performed hereunder (excep[ as provided in Paragrapfi
6 hereofj in total amount of $ 10,900 which services shall
include reinspectton for addi[ional or supplemental da[a as required
under provision of Paragraph 5 hereof, and which shall include such
supplemental servtces as may be necessary or desira6le [o eneble the
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2. The repor[ irt [hree (3) copies shall, io form and subs(ance, conform
to recognized appraizal prac[ices and ro the p�inci0�es of evaluat�ng
property for determining values in eminent domain pro<eedings. In
de[ermining [he fair marke[ va�ue of the properCy, Che Appraiser shall
disregard any decrease or increase in the fair market value of the
real property to be acquired (or the entire proDerty of Che owner in
the wse of a partial taking) prior to the date of valua[ion caused hy
[he public improvemeni or project for whicfi the property would he
acquire� for such improvement or project, other than thaC due to
physical deterioration within reasonable control of [he owner.
The report 5ha11, among other thinas, conta�n the followinq:
The Appraiser's opinion of the fair market value of each parcel
including improvements, stru<tures, signs, advertising displays,
fixcures, apPurtenances, or other elemen[s of value recognized by
the coucts in eminent domaia p�oceedings, except�all i[ems receiv-
ing an evalutation in the Fixture Appraisal, if any. In the
event that the parcel is improved, he shall sta[e the age, dinen-
sions, kind, character and condi[ion of each of the various
s[ructures, improvements, signs, adver[ising displays, or fixtures
appertaining to the property toge[her wi[h the ApPraiser's opinion
of the property's highest and best use and an allocation of the
va�ue and utility of each such structure, improvement, fixture
(or other element of value) in relation to the highes[ and best
use to which [he property i� the Appraiser's opinio�, is adaptahle.
except all items receiving an evalua[ion in the Fixture Appra�sal,
if any. It shall include a photograph of the property, aiong
with the date said phctograph was taken.
A report of any and all circumstances found by the Appraiser to
ex�st wi[h respect to unlawful condition, use, or occupancy of
the proPerty 6eing app�aised.
c. The names and addresses of the present owners of the property,
the da[e and place of recording the instrumen[ of conveya�ce
under which the owners claim Citle, any o[her sales of the propertl'
during [he last five (5) years preceeding the appraisal, and
recent offer(s) by the owner Co sell his property.
A sta[ement of all sales of comparable property which the Appraiser
has taken in2o considerat�on in estimaT�ng the fair markec vaiue
of the subject property. The s[a[ement covering sales of compar-
able properTies shall indicate the factors of canparability and
shall set forth the names of the grantor or gran[ee, a general
description of the property and i[s condition, date of [ransfer,
place of rewrding of [he conveyance, and a map, diaqram, or
o[her information indicaNng the location of such sales in relation
to the suhject property.
e. The assessed value of the property and the amount of the current
real esta[e tax levy.
f. A scale map of the parcel being appraised.
g. A statement of the rental value of che property and a history of
the ren[al experience, if any.
h. A statemen[ as [o exis[ing u[ili[ies and the adequacy thereof
with respect to [he service available to the p�operty; a brief
des<ription of Che character of s[reet improvemen[s apOroximat
�[o the site of the property appraised; and a sta[ement showinc
Cranspor[acion, school, marketing, and other miscellaneous fac�i-
ities such as churche5, parks, playgrounds, and public libraries.
A sta[ement as to whether or no[ the properTy or any port�on
[hereof is subject to special assessments; if so, the nature,
amount, and number of years during which paymen[s must be made.
A statement oF all factors taken into wnsideration by the Appraise�
believed by him co influence, either favorably or unfavorabiy,
[he marke[ value of the Pro}ect Area; together with a statemenc
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Appralser [o perform the services requtred under Paragraph 6 hereof
(exclusive of payment for actual court appearances�.
8. The Local Pu61ic Agency shall furnish a map or plat of [he ProJect
Area and [he legal descrtption and dimensions of the parcels. On such
map the parcels shall 6e destgnated by number, and in the appraisal
repor[s the numbers used shalt correspond wi[h [he numbers shown on
the map or plat of the ProJect Area furnished by the Local Publlc
Agency. The Local Puhlic Agency shall also 4urnish the tract owner-
ship data required to be included In the appraisal report by Sec[ion 3
(d) hereof. If the local agency has a Propercy Analysis or Fixture
AOPraisal of parcels to be eppraised, the loca� agency shall make the
materials available to the real estate appraiser(s).
9. The Local Public Agency may at any time�by notice in writing to the
Appraiser exclude any parcel or parcels from the operation of [his
contract and in such event equitable adjustment shall be made for all
work completed and accep[ed prior to such exclusion and for any substan-
tiai artaunt of work or servlce performed to the date of such exclusion
but not in such form that it can be accepted by [he Local Pu6iic
Agency, such adJustment in no event to exceed [he total artrount provided
in Section 7 hereof (but exclusive of the provisions of Sections 6 and
9 hereof).
]0. The Appraiser's obligations and duties under this contract shall not
be assigned in whole or in part, but this shall not prohibit the
assTgnmen[ of tfic proceeds due fiereunder to a bank or financial insti[u-
tion. Tfiis contract may 6e assigned by the Local Public Agency to any
corporation, agency, or instrumentality authorized to accept such
assignment.
17. The Appraiser agrees that his report and conciusions are for the
confidential informatton of the Local Pu61ic Agency and that he will
not disclose his conclustons, in whole or in part, to any person
whatsoever, other than to submit hts written report to the Local
Pu611c Agency, and will only diswss the same with it or its au[horized
representatives, until called upon to testify in relation to such
report and conctusions under oath-in a Judicial forum for the purpose
of determtning fair market value.
]2. �n tfie event of breach of any condi[ion or provision hereof, the Local
Public Agency shall have tfie right, 6y prior written notice to the
AOPraiser, to [erminate the employment of the Appraiser fiereunder and
cancel tBis contract and have the work [hus canceled otherwise performed,
without prejudice to any other rights or remedies of [he Local Public
Agency. The Local Public Agency shall have the benefit of such work
as may Pave 6een canpleted up to the time of such [ermtnation or
cancellation, and with respect to any part which shall have been
delivered to and accepted 6y tBe Local Pu61tc Agency there shall be an
equtia6le adjustment of canpensation, which in no event shall exceed
the total amount provided in Section 7 hereof (6ut exclusive of the
provis�ions oP Settion 6 and 9 hereof).
73• The term "parcel" as used herein means any contiguous trac[ of land in
the same ownersfiip whether such tract consists of one or more platced
lots or a fractional part [Fereof.
14. Pt is understood tfiat the ttme within which [he work is [o be performed
is o4 primary importance and of the essence of this contract. Tfie �
Appraiser will proceed wt[h tfie work hereunder in such sequence and
order as- [o the differenC parcels as the Local Public Agency may, in
writing, direct, and will furnish and deliver [he appraisal reports to
the Local Public Agency as soon as comple[ed.
15• As an inducement to the execution of this agreement by [he Local
Public Agency, the Appraiser reprexn[s and agrees that [Ae ApPraiser
has not employed any person to solici[ or procure [his contrac[, and
hes not made, and wil) not make, any payment or any agreement for [he
payment of any canmtssion, percentage, brokerage, contingent 4ee, or
other canpensation in connection wi[h the procurement of this con[ract;
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and that the Appralsc has no[ now, and will not acqutre, any interest
(including that of renl estate agent or 6rokerj, direct or Indirect,
present or prospecttve, In any of tAe parcels in tfie ProJect Area
prtor to acquisi[lon of all of the parcels by the Local Publl c Agency;
and has no[ employed and wili no[ empioy in connection wi[h work [o be
performed hereunder s�y person having any such (nterest during the
term of tfii5 confract efther diroctly ar Indirectly.
76. Durtng the performance of this contract, [he Appraiser agrees as
follows:
a. The Apprafser will not discriminate against any employee or
a0Plicant for er.�toyment 6ecause of race, color, reltgion, sex,
or nattonal ori5in. The App�aiser will Lake affirmattve ac[ion
to tnsure that z�plitants are employed, and that employees are
treated during e�ployment, without regard to their race, color,
religion, sex, cr natlonal origin. Such action shall inctude,
but not be Iimited to, the following: employment, upgrading,
desnoN on, or transfer, rccruitment or recrui[men[ adyertising;
layoff or [ermiration; rates of pay or other forms of canpensa[ion;
and selec[ion for [rain7rtq, inciuding apprenticeship. TAe Appraiser
agrees to post in conspicuous places, available [o employees and
epplicants for e�ployment, notices to be provided by [he Locat
Public Agency se[ting farth [he provisions of this nondiscrimin-
ation clause.
b. The Appralser will, in all solictations or advertisements for
emptoyees place2 by or on behalf of che Appraiser, state that all
qualified applicants wtll receive consideration for employment
without regard :o raCe, color, religlon, sex, or national origin.
c. The Appraiser witl cause the foregoing provisions to be inserted
in ail su6contracts for any ovork covered by this con[ract so that
such provisions will be binding upon each subcontractor, provided
tCwt the foregoing provisions sfiall not a0P1Y to contracts or
subcontracts for standard commercial supplies or raw materials.
77. No Member of or Delegate to the Congress of the United States of
Pmerica, and no Resident Comnlssioner shall be admi[ted to any sBare
or part thereof or to any 6enefit to arise herefrom.
76. No member of the Local Pu611c Agency shall partictpate In any decision
relating to this contract wfiich affects his personal interests or the
interests of any corpora[ton, partnership, or associa[ian in ahich he
is dtrectly or indirec[ly tnterested; nor shall�any member, officer,
agertt, or employee of [Ae Local Public Agen[y have any in[erest direct
or indtrect in this contract or ihe proceeds thereof.
19. The Project Area is descrlbed as follows:
P1=ase see Attachmen[ "A"
tN WI-TNE55 WHEREOF, The parttes hereto have caused this Agreement to be executed
in triplicate on this day of
In the presence of: FoX VAl- �,�f ��'/Q�'�S.f�S �c
� ,�� ��i`� ,� e+- �„�i,.,
ApPrniser °
By:
locai Pu61ic Aqency
tle
ATTACHMENT "A"
PARCEL
1. (105 Marion Road)
2. (27 N. Main St.)
3. (25 N. Pfain S[. )
L. (23 N. Main St.)
5. (21 N. Main St.)
6. (15 N. Main St.)
7. (9 N. Main St.)
8. (3 N. Main S[.)
9. (32 N. Main St.)
10. (26 N. Plain St.)
11. (24 N. Main S[.)
12. (11 Ceape Ave.)
13. (15 Ceape Ave.)
14. (78-20 Si. Main St.)
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Moores Subdivision of Lots 1 fi 2 Elk 3
Lot 4, Leach's Map Blk 6 Exc Com at N[7
Corner of Lo[ 4 S to Meander Line of
Fox River SELY, on said Meander Line 46 F[.
NELY 124.4 F[. to an izon post set in
concrete being 10 Ft. west oF vese line
Lot L1 Moores Su6division then north 90.6 Ft.
[o nor[h line Lot 4 thence NWLY to place of
beginning also SLY '� of vac Marion Road
LYG NLY of and adjacent to ELY 10 £[. of
Lot 4, Blk 6, Leach's Map also Lot 11 exc E.
16 FC•
Moores Su6division of Lo[s 1 6 2, Slock 3,
LoC 1, except south 6 inches.
Moores Subdivision of Lo[s 1 6 2� Block 3,
south 6 inches of Lo[ 1 and all of Lot 2.
Moores Subdivison of Lo[s 1 S 2, Block 3, Lot 3.
Moores Subdivision o£ Lots 1& 2, Block 3,
Lots 4 S 5•
Moores Subdivison of Lots 1 6 2, Block 3,
Lo[s 6 & 7.
Moores S�bdivision of Lots 1& 2� Block 3,
Lots 8 a 9.
Mootes Subdivisiop of Lots 1 6 2. Block 3,
Lot 10.
L.M. Millers ls[ Addition per Leach's Map oF
1894� Lot 1 exc Com at NW corner of Lot 1
South on west line, LoT 1� 10 FC. ELY [o a point
on N Line of Lo[ 1, that is 45.08 Ft. ELY of Beg
WLY to Beg, also all of Lot 2, Slk 16.
L.M. Millers 1st Addition per Leach's S1ap of
1894, Lot 12, Block 16.
L.M. Millers lst addition per Leach's Map of
1894, Lot 13, Block 16
L•M. Millers lst Addition per Leach's Map of
1894, Lot 11, Blk 16.
L•M.Millers 1sC Addition per Leach's Map of
1894, Lot 4, Block 16.
Mootz & Bogks Subdivision all of Lots 3 an�
14, Block 16, L•M. Millers lst Addition as
pec Leach's Map of 1894, also all of Loc 1,
61ock 16.
Farcel Address Pro➢er[y Desczlptlon � �
16. (24 State S[.) L.M. Millers ls[ addi[ion Lo[ 5 excep[
N 74.3 Ft.. also Lot 15 extep[ south 2 Ft.,
Block 16.
17. (101 Ceape Ave.) L.M. Millere.lat addi[on ae per Leachs Map
of 1894. north 74.3 Ft. of Lot 5, Block 16.
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AGREEMENT F00. FIlAL APPRAISAL
THIS AGREEMENT, entered into this �5�h �ay of Augusf � �980 by and
between the xX�XXXZ�cX � of Che : i[y of � Oshkosh
State of Wi�con�t� , fieretnafter re=srred [o as tfie "Local Public
Agency," and � ord C m an , fierinafter referred to
as the "Appraiser." -
WITNESSETH THAT:
WHEREAS, the 7oca1 Public Agency proposs to acquire certain proper[y
hereTnafter referred [o as tfie ProJect Area .nore particularly describes herePn-
after) and des�res to ah[ain an appralsal of �ach parcel in tfie ProJect Area,
including a{1 improvements structures, appur--=nances, or other elements of value
whtch are recognized by the cou�ts Tn eminen_ domain proceedings; and
WHEREAS, the Appraiser represents [hat te is authorized and quailfied to
make such aporaisal and is familiar with rec;rn7zed appraisal Dractices and with
tfie standards required for determining value: in eminent domain proceedings;
NOW, iHEREFORE, the Local Public Agency and the Appraiser, for the consider-
ations and under the condi[ions herefnaf[er Lt forth, do agree as follows:
The Appraiser agrees to:
a. Make a personal inspecilon of -ach parcel in the ProJect Area
includinq all improvements, st-uctures, signs, advertising displays,
fixCUres, appurtenances, or oter elements of value thereon o�
thereunto belonging whTch are -ecognized by [he courts in eminent
dmain proceediags and to advim the Local Public Agency, in a
written repoYt, of his opinior.of the fair market value of each
sucfi parcei, excluding all itens receiving an evaluation n the
Fixture Appraisal, if any.
b. Provide the owner of each parcl or his designa[ed representative
an opportunity, hy reasonable edvance notice in wrtting or other-
wise, to accompany the App�ais�r duYing his detailed inspection
o= [he property. In the proce�s of inspecting property, the
Appraise� shall, to the extent practicable, ascertain the rights
of all parties tn possession a*d note for consideration all
facGUal inFormation and commen's furnished by the owner or fiis
representa[ive relevant [o the appraisal. �If ano[her Appraiser
is also to appralse the same pcoperty, each qppraiser shalt� make
e reasonable effort to inspect che parcet at the same time, as
not to inconvenience the ormer of each parcel or his designated
representative; however, each /vpraiser must o[herwise prepare
his appraisal report independer-ly_ Each Appraiser shail noiify
the Reiocation Specialist of tFe Local Agency, by reasonable .
advance notice in writing or o�envise of the da[e and [ime of
the inspection for eacfi parcel, and to provide a reasonable
opportunity for said local reprsentative to accompany the Appraiser
during inspec[ton.
c. Verify, insofar as is practica:-e, all recent sales of the property
appraised, and ail recent sale� of comparable property whicR the
Appraiser has taken into consi6.ration as reflecting the fair
market value of the property ap:raised. Snch verifica2ion sfiall
include interviewing the seller, buyer, agent, or any o.her
yerson known to nave participa*_-d in the transaction, to ascertain
the consideration, the terms arr, conditions of the sale, any
special factors a`fecting the anount of the consideration, and
the ac[ual condi[ion of the pro:erty at the [ime of transfer.
Lomplete appraisal report 30 d�•s following notice by the Local
public Agency to proceed wi[h tre appraisal of each certain
parcel.
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2. The report in three (3) copies shall, in Form and subs[ance, conform
to reco9nized appraisal practices and to the principles of evaluat�n9
pro0er[y for defermining values in eminent domain proceedings. In
de[ermining the fair marke[ value of the properTy, [he Apprai5er shall
disregard any decrease or increase in The fair market value of the
real property to be acquired (or the en[ire property of the owner in
the wse of a parcial taking) prior to the date of valua[�on caused by
[he pub�ic improvemen[ or project for ahich the property would be
acquired for such improvement or project, ocher than [hat due to
physical deteriora[ion within reasonable cont�ol of the owner.
3. The report shall, among other thinas, con[ain the following:
a. The Appraiser's oQinion of [he fair market value of each parcel
including improvements, s[ructures, signs, adveftising displays,
fixtures, appurtenances, or other elements of value recognized by
the murts in ar.inent domain proceedin9s, except alI items receiv-
ing an evalutation in the Fixture Appraisal, if any. In [he
event That the parcel is improved, he shall s[ate the age, dinen-
sions, kind, character and condition of ea<h of the various
scructures, improvements, siqns, advertising displays, or fixtures
appertainin9 to the property [ogether with the Pppraiser's opinion
of the property's highest and bes[ use and an allocation of the
value and utilitY of each such s[ruc[ure, improvement, fixture
(or otber element of value) in relation to [he highesG and best
use [o which the property in The Appraiser's opinion, is adapCable,
except all items receiving an evaluation in the Fix[ure Appraisal,
if any. It sha{1 include a photograph of [he property, along
with the date said phetograph was taken.
b. A report of any and all circumstances found by the Appraiser Co
exist with respec[ to unlawful condi[ion, use, or occupancy of
[he property being appraised.
c. The names and addresses of the present owners of the property,
the da[e and place of recording the instrument of conveyance
under which the owners claim t�[le, any o2her sales of the property
during the las[ five (5) years preceeding the appraisal, and
recent offer(s) by the owner to sell his pro0erty.
d. A statemen[ of all sales of comparable property which the Appraiser
ha5 [aken into consideration in estimating [he fair marke[ value
of the subject property. The s[atement covering sales of compar-
ab}e propert+es shall indicate the fac[ors of comparability and
shall set forth [he names of the grantor or qrantee, a general
description of the proQerty and its condition, dace of traasfer,
place of rewrding of the conveyance, and a map, diagram, or
other information indicating the location of such sales in relation
to the subject property. .
e. The assessed value of [he property and [he amount of the curren[
real es[ate tax levy.
F. A scale map of tFe parcel being appraised.
g. A statemen[ of the reotal value of the property and a hisTOry of
[he rental experience, if any.
h. A sta[ement as ro existing utilities and the adequaty thereof
wich respec2 to Che service available 2o the p�operty; a brief
descrip[ion of the character of street improvements approximate
to [he site of the property appraised; and a sta[ement showing
transporta[ion, school, marketing, and o[her miscellaneous facil-
ities such as churches, parks, playgrounds, and public libraries.
i. A statement as to whe[her or not the proper[y or any portion
ifiereof is subject to specia{ assessments; 1f so, [he nature,
amount, and number of years during which payment5 mus[ be made.
j. A statement of a11 factors [aken into consideration by the Appraiser
believed 6y him [o influencx, either favorably or unfavorably,
the marke[ value of the Project Area; [ogether with a statement
��
cancerning the acCivity of [he real estate market in the immediate
xrea wi[htn and surrounding the ProJect Area doring [he past few
��ears and current market condttions.
4. The re�ort sha17 contain additional information under Che Following
circurstances:
a. tispectton. 14 an owner of a compensable interes[ in [he property
or a representative of such ovmer does not accanpany the Appraiser
c�rtng the inspection, the Appraiser shall include in his appra�sal
report a copy of hls notiftcation to such owner of sueh opportunity
ro accompany [he Appraiser, certified by the ADPraiser to have
been delivered [o such owner personally or by certtfied or regis-
tved mail not less ifian seven (7) days prior 2o his inspection
o� tfie property. .
b. O+ner-Occu ant in a Multifamil or Mixed-Use Proper[ . if the
property is a mul[ifamtly or mixed-use residen[ial and nonresiden-
tial) property and the avner of a com0ensable interesi tM1erein,
as defined in the next sentence, occupies a dwelling in tfie
property, the Appraiser sha11 Furnisfi an apportionment of his
estimate of [he fair market value oF the whole property to such
d.relling, or Co each owner occuqied dwelling if inere than one,
and to the remainder of [he property. For the purpose of Chis
paragraph, an occupant of a dwelling shall be considered to own a
canpensable interest in the Droperty ff he holds fee title, a
life estate, a 99-Year lease, or a lease wi[h not less than 50
years to run fran the dete of valuat�on, or holds an in[erest in
a cooperative housing proJect wM1ich includes the right of occupancy
of a dwelling unit therein, or is the contract purchaser of any
of the foregoing estates or lnterests, or has a lease Fold interest
with option to purchase. Tfie Appraiser's report shall explain
how Fe made the apPortionment and ihe rationale thereFore.
c. SeveYance. In the even[ of-severance, the Appraiser shall state
his opinion of [he falr market value of [he whole, tfie fair
market vainc of the part not taken, and tfie valve of any special
be�efits accruing [o the part not taken which under local law may
be taken into consideratton; and shall state his opinion and
analysis and Cfie fair allocation of the value of the part taken,
and that represented In [he diminished value of [he ranainder,
giving due consideration under local law to the value of such
sp-cial benefits, if any. Where an allocation is made for sever-
ance damages, a full statement of the reasons for such an a�loca-
�tion sfiould be made. �
The performance of services or acceptance of the appraisal reports
requird hereunder shall not relieve the Appraiser from obltgation to
correct any defective work subsequen[ly dtscovered, and all tncomplete,
inaccu�at�, or defective work shall 6e remedied by the Appraiser on
demand witfiout cost to the Loca7 Pub11c Agency.
tn the _yent that the testimany of the App�aiser is requirrd in any
legal oroceedings in connection with [he Local Public Agency's acquisi-
t�on of the property herein referred to, the Appraiser agrees to
appear as a witness on behalf of the Local Public Agency a� a9rees
[hat Ct= fair and reasonable canpensa[ion for his services shall be
the sur. of 5 350.04 ` Oer day for ea<h full bay's atcendance in
court. In [Fe event such attendance shall�be one-half day or iess,
compen�atio� sfiall fie made on tfie basis of h7�..6.0{.or such half day.
The AOG'aiser shall keep such personal records of all details with
respeGt to [he appreisal of parcels as will enable [he Appraiser to
appear zs such witness.
tt is coderstood and agreed that the ApprelSe� shall rcceive canpensa-
t�on fer services performed hereunder (except as provided Tn Paragrapfi
6 heree`) in iotal artrount of $ 11,200 which services sha11
include reinspection for additional or supplemental da[a as required
under Drrnrision of Paragraph 5 hereof, and which shall include such
suppleer_ntal services as may 6e necessary or destrable to erable [he
�'" plus expenses
� �
ADPraiser to perform the services required under Paragreph 6 hereof
(exclustve of paymen[ for ac[ual court appearancesl..
8. The Local Pub1lc Agency shall furnish a map or plat of the ProJect
Area and [he legal descriptton and dfinenstons of the parceis. On such
map tfie parcels sfiall be Gesignated by number, and in [he appraisal
reports the numbers used shall correspond with the numbers shown on
the map or plat of the ProJect Area furnished by the Local Publlc
Agency. The Local Public Agency shall also furnish the tract owner-
sfiip data required to be included in [he appraisal repor[ by Section 3
(d) hereof. If the local agency has a Property Analysis or Fixture
Appraisal of parcels to be appratsed, [he local agency shall make the
materials available to the real estate appraiser(s).
9• The Local Public Agency may at any [tme�by notice in writinq [o the
Appraiser exctude any parcet or parcels from the operation of this
contract and in such event equitable adjustment shall be made for all
�.ark completed and accepted prlor to such exclusion and for any substan-
tial amount of vrork or service performed to the date of such exclusion
but not in such form that it can be accepted by the Local Pu611c
Agency, such adJustment in no event to exceed the total amount provided
in Section 7 hereof (bu[ exclusive of the provisions of Sec[ions 6 and
9 hereof).
10. The Appraiser's obllgaU ons and duties under [his can[rac[ shall not
be assigned in whole or in part, but [his shall not prohibit the
assTgnment of the proceeds due Fereunder to a bank or financial institu-
tion. Tfiis contract may 6e assigned by the Local Public Agency [o any
corporation, agency, or instrumentality authorized to accept such
assignment.
11. The Apprafser agrees that his report and conclusions are for the
confidential information of the local Pu611c Agency and tha[ he will
not dfsclose hts concluslons, in whole or in part, to any person
whatsoever, other than to submit his written report to the Local
Pu611c Agency, and will only discuss [he same with it or its authorized
representatives, until called upon to testify in relation [o such
report and conclusions under oath in a Judicial forum for [he purpose
of determining fair market value.
72. �n thc event of breach of any condition or proyision hereof, the Local
Public Agency shall have tFe right, 6y prior written notice to [he
Appraiser, [o terminate the employment of the Appraiser Fereunder and
cancel tfiis contract and have tfie work thus canceted otherwise performed,
without prejudice to any other rights or remedies of the Local Public
Agency. The Local Putilic Agency shall Rave the benefit of such work
as may Favc 6een canpleteC up to Che time of such termination or
cancellation, and with respect [o any part which shall have 6een
delivered to and accep[ed 6y tfie Local Pu61tc Agency there shall be an
equitable adjus:ment of cmpensation� which in no event shall exceed
tfie total amount provided in Section 7 hereof (but exclusive of the
provis�ions of Sectton 6 and 9 hereof).
13. The term "parcel" as used herein means any contiguous trac[ of lend in
the same ownership whe[fier such tract consists of one or more plat[ed
lots- or a fractional part tfiereof.
14. I't is understood tfiat the time within which the work is to be performed
� is�of primary importance and of the essence af this contract. Tfie
Appraiser will proceed with tfie work fiereunder in such sequence and
order as to the different 7arce15 as the Local Public Agency may, in
wrTti�g, direct, and will furnish and deliver the appraisal reports to
the Local Pu61ic Agency as soon as completed.
75. As an inducemetit to the execution of this agreement by [he local
Public Agency, the Apprais_r represents and agrees tha[ [Be Appraiser
has not employed any person to solicit or procure [his contract, and
hes not madc, and wi11 not make, any paymen[ or any agreement for the
payment of any canmission, percrn[age, brokerage, contingent 4ee, or
other canpensation tn conncction HitB [he procurement of this contract;
�"T
and that the ApPrals�.r has not now, and wtll not acQuire, any in[erest
(includtng that of r�al esta[e agent or 6roker), direct or indirect,
present or prospecttre, �n eny of tfie parcels in tfie ProJect Area
prtor to acquisition of all of the parcels by the Local Pu61ic Agency;
and hes no[ employed and wlll no[ employ In connection wt[h work [o be
performed hereunder any person having any such Interest during the
[erm of tfils contraci either directly or ind(rect)y.
76. Durtng the performanm of this con[ract, the Appraiser agrees as
follows:
a. The Appratser wilt not discriminate against any employee or
applicant for wployment 6ecause of race, color, reltgion, sex,
or national or(gin. The Appraiser will take affirmattve action
to insure that appltcants are employed, and that employees are
treated durtng onployment, without regard [o their race, color,
religion, sex, ar national origin. Such action shall include,
but not be IlmRzd to, the following: empioymm[, upgrading,
demotion, or transfer; recruitment or recruitment advertising;
layoff or termi�tion; rates of pay or other forms of cwnpensa[ion;
and selection foc training, including apprenttceship. The Appraiser
agrees to post in conspicuous places, avatlable to employees and
applicants for enploymen[, notices to be provided by the Local
Public Agency satting forth [he provisions of this nondiscrimin-
ation clause.
b. The Appraiser w?11, in all sollctation5 or advertisements 4or
es�ployees placed by or on behalf of the Appraiser, state tha[ all
qualified applt�nts will receive consideratton for employmen[
without regard Oo race, cotor, religion, sex, or na[ional origin.
c. The. Appraiser will cause the foregoing provisions to be inserted
in all subcontraets for any work covered by this con[ract so [hat
such provisions vilt be 6inding upon each subcon[rac[or, provided
tfwt the foregoing provi.sions shall not app1Y to contracts or
subcontracts for standard commercial supplies or raw materials.
17. No Member of or Delegate to the Congress of the Untted States of
Pmerica, and no Resident Commisstoner shall be admitted to any sfiare
or part thereof or to any 6enefit [o arise herefrom.
18. No member of the Loca7 Pu611c Agency shall participa[e in any decision
relating to this contraci which affetts his personal interes[s or Che
interests of any corporatton, partnership, or association in which he
is directly or indirxily tnterested; nor shall�any member, officer,
agent, or employee of the Local Public Agency have any interest direct
or indirect tn this mntract or the proceeds thereof.
19. The Project Area is described as follows:
P1¢ase see A[[achmen[ "A"
IN WtTNE55 WHEREOf, The par[ies hereto have caused this Agreement to be exec�[ed
in triplicate on this day of
In [he presence of: Barnard 8 Allworden Company
by: William D. Allworden
r
local Pu61ic Agency
By:
PA.RCEL
1
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
ATTACH.`gNT "A"
� �
(105 Marion Road) Moores Subdivision of Lots 1& 2 Blk 3
Lot 4, Leach's Y�p Blk 6 Exc Com at NW
Corner of Lot 4 S to Meander Line of
Fox River SELY, on said Meander Line 46 Ft.
NELY 124.4 Ft. to an iron post set in
concrete being 10 Ft. west of west line
Lot 11 Moores Subdivision then north 90.6 Ft.
to north line Lot 4 thence NWLY to place of
beginning also SLY � of vac Marion Road
LYG NLY of and adjacent to ELY 10 Ft. of
Lot 4, Blk 6, Leach's Map also Lot 11 exc E.
16 Ft.
(27 N. Main St.)
(25 N. Main St.)
(23 N. Main St.)
(21 N. Main St.)
(15 N. Main St.)
(9 N. Main St.)
(3 N. Main St.)
Moores Subdivision of Lots 1 6 2, B1ock 3,
Lot 1, except south 6 inches.
Moores Subdivision of Lots 1 6 2, Block 3,
south 6 inches of Lot 1 and all of Lot 2.
Moores Subdivison of Lots 1 5 2, Block 3, Lot 3.
Moores Subdivision of Lots 1& 2, Block 3,
Lots 4 6 5.
Moores Subdivison of Lots 1 S 2, Block 3,
Lots 6 & 7.
Moores Subdivision of Lots 1& 2, Block 3,
Lots 8 5 9.
Moores Subdivision of Lots 1 S 2, Block 3,
Lot 10.
(32 N. Main St.) L.M. Millers lst Addition per Leach's Map of
1894, Lot 1 exc Com at NW corner of Lot 1
south on west line, Lot 1, 10 Ft. ELY to a point
on N Line of Lot 1, that is 45.08 Ft. ELY of Beg
WI.Y to Beg, also all of Lot 2, Blk 16.
(26 N. hiain St. )
(24 N. Main St.)
(21 Ceape Ave.)
(15 Ceape Ave.)
L.M. Millers lst Addition per leach's rSap of
1894, Lot 12, Block 16.
L.M. Millers lst addition per Leach's Map of
1894, Lot 13, Block 16
L.M. Millers lst Addition per Leach's Map of
1894, Lot 11, Blk 16.
L.M.Millers lst Addition per Leach's Map of
1894, Lot 4, Block 16.
14. (18-20 N. Main St.) Moore 5 Bogks Subdivision all of Lots 3 and
14, Block 16, L.M. �Sillers lst Addition as
per Leach's Map of 1894, also all of Lot 1,
Block 16.
Parcel
16
Addrese
(24 State St.)
Property Description �
�/�
L.M. Millers lst addition Lot 5 except
N 74.3 Ft., also Lot 15 except south 2 Ft.,
Block 16.
r
17. (101 Ceape Ave.) L.M. Millere let additon as per Leachs Map
of 1894, north 74.3 Ft. of Lot 5, Block 16.
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