HomeMy WebLinkAbout30597 / 80-16FEBRUARY 21 1980
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PURPOSE: AUTHORIZE CONTRACTS FOR APPRAISAL SERVICES FOR THE H�.SIEiG
AUTHORITY PROJECT
INITIATED BY: DEPARTMENT OF.COMMITNITY DEVELOPMENT
WHEREAS, the Oshkos� Housing Authority plans to develop and administ�tr a
housing project encompassing a total of 30-40 units of pub].ic housing for 1�o-r
income families and handicapped persons, to be located in Oshkosh, Wiscors3.1;
and
WHEREAS, the City of Oshkosh and the Oshkosh Housing Authori[y have mteaed
into a Cooperation Agreement in connection with the above mentioned projec[; �d
WHEREAS, appraisals need to be performed in conjunction with said project;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of t#shimsh
that the proper City officials are hereby authorized and directed to enter iuta
the attached contracts for appraisal services with Fox Valley Appraisals, Inc_
in the amount of $1,200 and with Barnard 5 Allworden Company in the amo�+
of $1,200. Money for this purpose is hereby appzopriated from Aecount 32i-92d.
all within the Site Acquisition Account.
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AGREEMENT FOR FINAL APPRAISAL
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THIS AGREEM�NT, entered into this day of , 19`, by and
between i4Jre`�XXXXXXXXXXXXXXXXXXXXXb tf�e City of��sh ,
5tate of Wisconsin , F�ereinafter referred to as the "Loca) Public
Agency," and"'Fox a ey Appraisals, Inc. , herinafter referred to
as the "Appraiser."
WfTNESSETH THAT:
WHEREAS, the local Pu61ic Agency pvoposes to acquire certain prope�ty
fieretnafter referred to as tfie ProJect Area (more particularty descri6es herein-
after) and destres to obtain an appraisal of eacb parce) in ti�e Project Area,
including all improvements structures, appurtenances, or other elements of value
whicf� are recognized by the courts tn emPnent domain proceedings; and
WHEREAS, the AppraTser represents that he is authorized and quailfied to
make sucfi appraisal and is familiar wStfi recognized appraisal pracYices and with
tf�e standards required for determining values in eminent domain proceedings;
NOW, THEREF�RE, the Local Public Agency a�d the Appraiser, for the consider-
ations and under the conditions hereinafter set forth, do agree as follows:
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1. The Appraiser agrees to:
a. Make a personal inspection of each Qarcel Qn the ProJect Area
including all improvements, structures, signs, advertising displays,
fixtures, appurtenances, or other elements of value tfiereon or
thereunto belonging which are recognized by tf�e courts in eminent
dattain proceedings and to advise the Local Puhlic Agency, in a
w�itten report, of his opinion of the fair market value of each
such parcet. excluding all items receiving an evatuation n the
Fixture Appraisai, if any.
b. Provide the owner of each parcel or his designated representative
an opportunity, by reasQnable advance noLice in wrtting or other-
wtse, to accompany the Appraiser during his detailed inspection
of the property. in the process of inspecting property, the
Appraiser shall, to tfie extent practicabie, ascertain the rights
of alt parties in possesston and note for consideretion all
factual information and comments furRished by the owner oc his
representatiroe relevant to the appraisal. tf another Appraiser
is atso to appraise the Same property, each Appraiser shall make
a reasonable effort to inspect the parcel at the same time, as
not to inconvenience the owner of each parcel or his designated
represenCative; however, each Aopraiser must otherv+tse prepare
hts appraisal report independently. Each Appraiser shall notify
tfie Relocation Specialist of the Local Agency, by reasonabie
advance notice in wrlting or otherwise of the date and time of
the inspection for eacf� parcel, and to prouide a reasonable
opportunity fo� said tocal represenYative to accompany the Appraiser
during inspection.
c. Verify, insofar as is practicable, all recent sales of the property
appraised� and all recent sales of comparab]e property which the
Appraiser has taken into consideration as reflectinq tfie fair
market value of tfie prnperty appraised. Such verification shall
include interviewPng the seller, buycr, agent, or any other
person known to have participated in the transaction, to ascertain,
the consideration, the ter-ms and condieions of the sale, any
speciai factors.affecting 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
public Agency to proceed with the appraisal of each certain
parcel.
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7he report in three (3) copies shall, in form and substance, con orm
to recogoized appraisal practices and to the principles of evaluating
property for determining values in eminent domain proceedings. In
determining the fair market value of the property, the Appraiser shall
disregard any decrease or increase in [he fair narket value of the
real property to be acquired (or the e�tire 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 rrhich Yhe property would be
acquireJ for such improvement or project, other than that due to
physicat deterioration within reasonable control of the owner.
The report shall, among other thinos, contain the following:
a. ihe Appraiser's opinion of the fair market value of each parcel
including improvements, structures, signs� advertising displays,
fixtures, appurtenances, or othes elements of value recognized by
the courts in eminent domain proceedings, except atl items ceceiv-
ing an evalutation in the Fixture Appraisa), if any. In the
event that the parcel is improved, he sha11 state ihe age, dimen-
sions, kind, character and condition of each of the various
structures, improvements, signs, advertisirng displays, or fixtures
appertai�ing to the property togethet- with the Appraiser's opirtion
of the property's highest and best use and an allocation of tfie
value and utility of each such structure, improvement, fixture
(or other etement of value) in relation to the highest and best
use to which the property in the Appraiser's opinion, is adaptable,
excepC all items receiving an evaluation in the Fixture Appraisal,
if any. It shall include a photograph of the property, alonq
with Yhe date said phetograph was taken.
b. A report of any and all circumstances found by the Appraiser to
exist with respect to unlawfut condition. use, or accupancy of
the property being appraised.
c. The names and add-esses of the present owners of the property,
the date and place of recording the instr�anenY of conveyence
under which the owners claim title, any other sales of the property
during the last five (5) years preceeding the appraisal, and
recent offer(s) by the owner to sell his property.
d. A statement of all sales of comparable property which the Appraiser
has taken into consideration in estimating tfie fair market value
of the subject property. The statanant covering sales of compar-
abie properties sfia11 indicate tfie factors of comparability and
shall set forth the names of the grantor or grantee, a general
description of the property and its condition, date of transfer,
place of recording of the conveyance, and a map, diagram, or
other information indicating the location of such sales in relation
to the subject property.
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The assessed value of the property and the amount of the current
real estate tax levy.
A scale map of tfie partel being appraised.
A statement of the rental value of the pro�rty and a history of
the rental experience, if any.
h. A statement as to existing ut+lities and the adequacy thereof
with respect to the service available to the pioperty; a brief
description of the character of street improvements approximate
to the site of the property appraised; and a statement stxiwing
transportation, school, marketing, and other miscellaneous facil-
ities such as churches, parks, playgrounds, and public librar+es.
i. A statemertt as Co whether or not the property or any portion
thereof is subject to special assessments; if so, the nature,
amount, and number of years during which payments must be made.
j. A statement of all faetors taken into consideration by the Rppraiser
believed by him to influencz, either favora6ly or unfavorably,
the market value of the Project Area; together with a statement
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concerntrtg the acYivity of the real estate market in tfie immediate
area witfiin and surrounding tfie ProJect Area during tfie past few
years and current market conditions.
Tfie report shall contain additional information under the foilowing
circumstances:
a. tnspectton. If an owner of a compensable interest in the property
or a representative of such owr,er does not accompany the Appraiser
durtng the inspectFon, the Appraiser shall include in fiis appraisal
report a copy of his notification to such owner of such opportunity
to accompany the Appraiser, certified by the Appraiser to have
been delivered to such owner personally or by certified or regis-
tared mail not less tfian seven (7) days prior to his inspection
of tfie property. ,
b. Owner-Occupant in a Multifamil or Mixed-Use Property. ff the
property is a multifamily or mixed-use residential and nonresiden-
ttal) property and tfie owner of a compensable interest tfierein,
as defined in the next sentence, occupies a dwelling in tfie
property, the Appraiser shall furnish an apportionment of his
estimate of the fair market value of the whole property to such -
dwelling, or to each owner occupied dwelling if more than 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
compensable interest in the property if he holds fee tttie, a
life estate, a 99-year lease, or a lease with not less than 50
years to run from the date of valuation, or holds an interest in
a cooperative housing proJect wfiich includes the right of occupancy
of a dwetling unit thzrein, or is the contract purchaser of any
of the foregoing estates or interests, or has a Tease fiold interest
witfi option to purchase. Tfie Appraiser's report shail explain
how fie made the apporttonmeqt and the rationale therefore.
c. Severance. In the event of�severance, the Appraiser shall state
6is opinion of the fair market value of the whole, tfie fair
market value of tfie part not taken, and the value of any special
6enefits accruing to the part not taken which under local iaw may
be taken into consideratton; and shall state his opinion and
analysis and the fair allocation of the value of the part taken,
and that represented in the diminished value of the remainder,
giving due consideration under locai law to the value of such
special benefits, if a�y. Where an allocation is made for sever-
ance damages, a full statement of the reasons for such an alloca-
tion afiould 6e made. •
5. Tfie.performance of serVTces or acceptance of the appraisal reports
' requlred hereunder shall not retieve the Appraiser from o6ligation to
correct any defective work subsequently discoverad, and all incomplete,
inaccurate, or defective work shail 6e remedied by the Appraiser on
demand witfiout cost to tfie Local Public Agency.
6. fn tfie event that the testimony of the Appraiser is required in any
legal proceedings in connection with tfie Local Public Agency's acquisi-
tion of tfie property herein referred to, the Appraiser agrees to
appear as a witness on befialf of the Local Public Agency and agrees
that tfie fair and reasonable compensation for his services shall be
tfie sum oF $ 34p �� per day for each full day's attendance in
court. In tfie event such attendance shall be one-hatf day or less,
compensation sfiall. 6e made oo tfie basis of $200.Ofbr such half day.
TBe Appraiser shall keep such personal records of all deta?ts with
respect to tfie appraisal of parcels as will enable the Appraiser to
appear as such witness.
7. tt is understood and agreed that.the Appraiser shall receive compensa-
tton for services performed fiereunder (except as provided in Paragrapfi
6 hereof) in total amount of'$ 1200.00 which services shall
i'nclude. reinspection for additional' or supplemental data as required
under provisio� of Paragraph 5 hereof, and which sfiall include �ucfi
supplemental services as may 6e necessary or destrable to enabie the
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Appraiser to perform the services required under Paragraph 6 hereof
(exclusive of payment for actual court appearancesj.
8. The Local Public Agency shall furnish a map or Qiat of the ProJect
Area and the legal description and dimensions of the parcels. On such
map the parcels shall be designated by number, and in the appraisal
reports the numbers used shall correspond wtth the numbers shown on'
the map or plat of the ProJect Area furnished by the Local Public
Agency. The Local Public Agency shall also furnish the tract owner-
shtp data required to be included in the appratsal report by Section 3
(d) hereof. If the local.agency has a Property Analysis or Fixture
Appraisal of parcels to 6e appraised, the tocal agency shall make tfie
materials available to the real estate appraiser(s).
9• The Local Public Agency may at any time by notice in writing to the
Appraiser excluda any parcel or parcels from the operation of this
contract and in such event equitable adjustment shail be rr,ada for all
work completed and accepted prior to such exclusion and for any subst�°
tial amount of work or service performed to the date of such exclusiow
but not in such form tF�at tt ean be accepted by the Local Publtc
Agency, such adJustment in no event to exceed the total amount provided
in Section 7 heraof (but exclusive of the provisions of Sections 6 a�d
9 hereof).
]0. The Appraiser's obligations and duties under this contract shall not
6e assigned irt whole or Tn part, 6ut this shal} not prohibit the
assignment of tF�e proceeds due fiereunder to a bank or financial institu-
tion. TF�is contract may 6e assigned by the Local Pubiic Agency to ar�y
corporation, agency, or instrumentality authorized to accept such
assignment. �
11. The pppraiser agrees that his report and conclusions are for the
confidential information of tfle Loca1 Public Agency and that he will
not disclose his conclusions, in wfiote or in part, to any person
Whatmever, other than to submit his written report to the LoCal
Pu61ic Agency, and will only discuss the same witb it or its authorizeQ
representatives, until,called upon to testify in relaiion to such
report and conclusions under oath in a}udicial forum for t6e purpose
of determining fair market value.
72. Pn tfie event of breach of any condition or proV�siort hereof, the Locai
Pubttc Agency shali have tfie right, 6y prior written notice to the
Appraiser, to terminate the employment of the Appraiser F�ereunder a�at
cancel tfiis contract and fiave tfia work thus cance)ed otnerwise perfoned,
wTthout prejudice to any otfier rPghts or remedies of the Loca1 Public
Agency. The Local Pu61ic Agency shall have tfie benefit of such work
as may Fave 6een compteted up to the time of such termination or
cance)latian, and witfi respect to any part which sha}1 hava been
delivered to and accepted 6y tfie Local Pu61ic Agency there shall be au
equitab}e adjustment.of compensation, which in no event shall exceed
the.total amount proyided in Section 7 hereof (but exclusive of the
provtsions of Section 6 and 9 F�ereof).
l3. Tbe term "parcel" as used 6erein means any contiguous tract of land iw
tha same ownersfiip whetfier sucfi..tract conststs of one or more platte�
lots or a fractionai part tfiereof.
]4. �t is understood tfiat tfie tima within which the work is to be perfor�d.
ts op primary importance and of tfie essence of this contract. Tfix
Appraiser will proceed with tfie work hereunder in such sequence and
order as to tfie different parcels as the Local Public Agency may, in
writing, direct, and witi furnish and deliver the appraisal reports ta
thz Local Public Agency as soon as completed.
75. As an induceme�t to the execution of this agreement by the Local
Public Agency, the Appcaiser represe�ts and agrees that tfie Appraiser
has not employed any person to solicit or procure t6is contract, and
fias not madc, and wi1T not make, any payment or any agreement for the
payment of any commission, pereentage, brokerage, contingent fee, or
other compensation in connectiori witfi the procurement of this contract;
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and tfiat the Appraiser has not now, and �iill not acquire, ar� interest
(tncluding tfiat of real estate agent or 6rokerJ, direct or �c�direct.
present or pcospective, tn any of tfie parcels in tfie ProJecY Area
prior to ac4aisition of all of tRe parcels by the Local Pub7kc Agency;
and has not employed and wtll not employ in connection cvith aork to be
performed hereunder any person having any such interest durinq the
term of.tfils contract either directly or indirectly.
During the performance of thts contract, the Appraiser ag�ees as
follows:
a. The Appratser will not discriminate against any employee or
applicant for employment 6ecause of race, color, reltgion, sex,
or national origin. 'fhe Appraiser will take affirmative action
to insure that appticants are employed, and that employees ace
treated during employment, without regard to their race, color,
reltgion, sex, or national origin. Such action shail ie�clude,
but not 6e limited to, tha following: employmznt, upgrading,
demotion, or transfer; recruitment qr recruitment advertising;
layoff or termination; rates of pay or othar forms of aompensation;
and selection far training, including apprenticesfiip. The Appraiser
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to 6e provided by the Local
Public Agency setting forth the provisions of this nondiscrimin—
ation clause.
b. The Appraiser wili, Pn all soliptations or advertisements for
employees placed 6y or an 6ehalf of the Appraiser, state tfiat all
qualified applicants wiil receive consideration for empToyment
' without regard to race, color, religion, sex, or natiomal origin.
c. The. Appraiser will cause the foregoing prov�sPons to he inserted
in all su6contracLs for any work covered by this contraet so that
such provisions will 6e binding upon eacfi su6contractor, provided
t[�at the foregoirtg provisions sfiall not appiy to contracts or
subcontracts for standard commercial supplies or raw materiais.
77. No Mem6er of or Delegate to the Congress of the United StatQS of
America, and no Resident Canmissioner shall be admittzd to a�y sfiare
or part tfiereof or to any 6enefit to arise herefrom.
18. No member of tfie Local Pu61te Agency shatl participate in a� deeision
relating to Lhis contract wFich affects his personal interests or the
interests of any corporation, partnersfiip, or association in �hich he
is directly or indPrectly interested; nor shalt�any manber, officer,
agent, or employee of the Local Public Agency have any intetest direct
or indirect in tfiis contrect or the proceeds thareof.
19. The Project Area is described as follows:
Please see Attach:nent "A"
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CN WtTNESS WFtEREOF, The partTes hereto fiave caused this Agreament to be executed
tn tripi?cate on tf�is day of
In the presence of:
....
By:
Appreiser
ocal Pub)ic ilgency
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ATTACHMENT A
Parcel i�7 - Maricopa Drive & Covington Drive
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Lots 483, 484y and 485 of the Third Addition to Y7esthaven, Tt�irteenth Ward, City
of Oshkosh, Winnebago County, Wisconsin,
Parcel �110 - Nicolet Avenue
Lot 19 of the First Addition to Anchorage Park; and that part of Lot 135, Repiat
of Oakwood Beach Plat, Fifteenth Ward, City of Oshkosh, that is A/K/A Lots 32,33,
34, and 35 of the proposed Second Addition to Anchorage Park as shown on the map
of March 2, 1979, as revised on April 6, 1979, and ,Tanuary 8, 1980, by Steven �.
Chronis, Wisconsin Registered Land Surveyor 5-913.
Parcel ,�11 - Bowen Street & Mallard Avenue
The West 150' of the North 200' of the SE 'y Section 12, lying East of Bowen Street.
West of Evans Street, and South of Plallard Avenue, Fifteenth Ward, SE '� of the
SE � Section 12 Addition, City of Oshkosh, Winnebago County, Wisconsin:
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AGREEMENT FOR FINAL APPRAISAI
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THIS AGREEMENT, entered into thPs day of , 19 , by aed
between }t,�i , yQ� tfie City of"'Oshkosh ,
State of �Wisc �, � , ereina-fter referred to as t6e "Local Pu6�'+c
Agency," and �arnar an Allworden Compa� , herirtafter reiFerred to
as the "Appraiser."
WtTNESSETH 7HAT:
WHEREAS� the tocal Public Agency proposes to acquire certain prop�
hereinafter referred to as tf�e Project Area (more parttcularly describes 6erein-
after) and destres to obtain an appraisal of eacf� parcel in tfie ProJect Area,
including all improvements structures, appurtenances, or other elements ef value
whicA are recognized by the courts Pn eminent domain proceedings; and
WHEREAS, the Appratser represents that he is authorized and quail %d to
make such appraisal and is famitiar with recognized appraisal practices aECd with
tfie standards required for determtning values in eminent domain proceednags;
NOW, THEREFORE, the Local Public Agency and the pppraiser, for the consider-
ations and under the conditions heretnafter set forth,.do agree as foll�s:
t. The Appraiser agrees to:
a. Make a person�l inspection of each parcel in the ProJectJlrea
including all improvements, structures, sPgr.s, advertisian� displays.
fixtures, appurtenances, or other elements of value tfies�aar or
thereunta belonging wbich are recognized by t6e courts ia earinent
domain proceedings and to advise tfie Local Public AgencY,.in a
written report, of his opinion of the fair market value af each
such parcel, excluding all items recetving an evaluation r the
Ftxture Appraisal, tf any.
b. Provide the owner of each parcel or his desegnated repr�srntatiire
an opportunity, by reasonable advance nottce in writing ar otfier-
wtse, to accompany the Appraiser during his detaiTed ins�pection
of the property. In the process of inspecting property, the
Appraiser shall, to the extent practicable, ascertain tt= rights
of all parties in possesston and note for consideration sli
factual information and comments furnished by the ownar ar his
representative relevant to the appraisal. �f another fl,ppraiser
is also to appraise the same property, each Appraiser sbai} make
e reasonable effort to inspect tfie parcel at the same ti�e. as
not to incanvenience tfie owner of each parcel or his des►�nated
representative; however, eacfi Appraiser musC o[he�wise psepare
his appraisal report Tndependently. Each Appraiser sha3i notPFy
the Relocation Specialist of the Loca) Agency, by reaso�ble
advance notice in wrtting or otherwise of the date and twe of
tfie inspeetion for eacfi parcel, and to provide a reasonaWe
opportunity for said local representative to accanpany tic Appraiser
during inspection.
c. Verify, insofar as is practicabte, all recent saies ot ti� praperty
appraised, and all recent sales of canparable property o�iicfi the
Appr'aiser has taken into consideration as reflecting the fair
market value oF the property appraised. Such verificati� sha)1
i'nclude interviewin9 the seller, buyer, age�t, or any offier
person known to have participated in the transaction, ta ascertain
the consideration, the terms and condiCions of the sale. arry
speciaT factors affecting the amount of the consideratiae, and
tfie actual condition of the property at the time of tra�cfer.
d. Complete appraisai report 30 days fotlowing notice by tir Local
publtc Agency to proceed with the appraisa} of eacfi certa++e
parcel.
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2. The report in three (3) copies shalt, in form and substance, conform
to recognized appraisal practices and to the principies of evaluating
property for determining values in eminent domain proceedings. In
determining the feir market value of the property, the Appraiser shal)
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 would be
acquired for such improvement or project, other than that due to
physica) deterioration within reasonable control of the owner.
3. The report shall, amorrg otfier thinos, contain the following:
a. The Appraiser's opinion of the fair market value of each parcel
including improvements, structures, signs, advertising displays,
fixtures, appurtenances, or other elernents of value recognized by
the courts in eminent domain proceedings, except all items receiv-
ing an evalutation in the Fixture Appraisal, if any. In the
event that the parcel is improved, he sha}1 state the age, dimen-
sions, kind, cfiarecter and condition of each of the various
structures, improvements, signs, adve�tising displays, or fixtures
appertaining to the property together with the Appraiser's opinion
of the property's highest and best use and an allocation of the
value and utility of each such structure, improvement, fixture
(or other element of value) in relation to the highest and best
use to which the property in the Appraiser's opinion, is adaptable,
except all items receiving an evaluat+on in the Fixture Appraisal,
if any. )t shall include a photograph of the property, along
with the date said phetograph was taken.
b. A report of any and all circumstances found by the Appraiser to
exisL with respect to unlawtul condition, use, or occupancy of
the property being appraised.
c. The names and addresses of the present owners of the property, .
the date and place of recording the instrument of conveyance
under which the owners claim title, any other sales of the property
during the last five (5) Years preceeding the appraisal, and
recent offer(s) by the owner to selt his property.
d. p statement of all' sales of comparable property which the Appraiser
has taken into consideration in estimating the fair market value
of the subject property. The statement covering saies of compar-
able properties shall indicate the factors of comparability and
shail set forth the names ot the grantor or grantee, a general
description of the property and.its condition, date of transfer,
place of recording of the conveyance, and a map, diagram, or
other information indicating the location of such sales in relation
to the subject property.
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The assessed value of the property and the amount of the current
real estate tax levy_
A scale map of the parcel being appraised:
A statement of the rental value of the property and a history of
the rental experience, if any.
h. A statement as to existing utilities and tfle adequacy thereof
with respect to the service available to the property; a brief
description of the character of street improvements approximate
to the site of the property appraised; and a statement showing
transportation, school, mar.keting, and other miscellaneous facil-
ities such as churches, parks, playgrounds, and public tibraries.
i. A statement as to whether or not the property or any portion
thereof is subject to special assessments; if so, the nature,
amourtt, and number of years during which payments must be made.
j. A statement of all factors takert into consideration by the Appraiser
believed by him to infiuenca, eitfier favorably or unfavorably,
the market value of the Project Area; together with a statement
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concerntng the activity of the real estate market in the immediate
area withtn and surrounding tfie ProJect Area during the past few
years and currertt market conditions.
The report shall contain additional information under the foilowing
circumstances:
a. tnspectton. tf an owner of a compensab}e Interest in the property
or a representative of such owner does not accompany the Appraiser
duri�g the inspaction, the Appraiser sF�all include in fiis appraisat
report a copy of his notification to such owner of such opportunity
to accompany the Appraiser, certPfied by the Appraiser to have
beerr delivered to such owrrer personatly or by certified or regis-
tered mail not less tf�an seven (7) days prior to his inspection
of tfie property. ,
b. Owner-Qccu�ant in a Multifamil or Mixed-Use Property. Pf the
property rs a multifamtly oY mixed-use residential and nonresiden-
tial) property and tE�e owner of a compensable interest tfierain,
as defined tn the next sentence, occupies a dwelling in tfie
property, the Appraiser shalt furnish an apportionment of his
, estimate of the fair market vatu3 of the whole property to such
dwe))ing, or to each owner occupied dwe)ling it more than one,
ahd to the remainder of the property. For the purpose of this
paragrapf�, an occupant of a dwelling shall be considered to own a
compensable interest in the property if he fiolds fee title, a
life estate, a 99-year lease, or a lease with not less than 50
years Lo run trom the date of valuation, or holds an interest jn
a cooperative housing proJect wfiich includes tf�e right of occupancy
of a dweTling unit therein, or is the contract purcfiaser of any
of the foregoing estates or interests. or has a lease fiold interest
wTtfi option to purchase. Tfie Appraiser's report shalt explain
how he made the apporttonment and the rationate therefore.
e. Severanca. tn the event of�severance, the Appraiser shait state
fiis opinion of the fair market value of the whole, tfie fair
market va)ue of tfie part not taken, and the value of any special
6enefits accruing to the part not taken which under local law may
be taken into consideration; and shati state his opinion and
analysts and tfie fair aTiocation of the vaiue of the part taken,
and that represented in the diminished value of the remainder,
giving due consideration under local law to the value of such
special benefits, if any. Where an allocation is made for sever-
ance damagas. a fuli statement of the reasons for such an alloca-
tion sfiouTd 6e made. •
5. TBe.performance of servtces or acceptance of the appraisal reports
required hereunder sfial) not rclieve the Appraiser from obligation to
correct any�defective work su4sequently discovered, and all incomplete,
inaccurate, or defective work shail be remedied by the Appraiser on
demand wPtfiout cost to tfie Local Public Agency.
6. Pr� tfie event that the testimony of the Appraiser is �equired in any
1ega1 proceedings in connection with tF�e Locat Public Agency's acquisi-
tion of tRe property herein referred to, the.Appraiser agrees to
appear as a witness on behalf of the Local Puhlic Agency and agrees
that tfie fair and reasonabla compensation for his services sfialt be
the sum of $300.00 per day for each full day's attendanee in
court. In tfie eyent such attendance shall be one-half day or less,
compensation sF�ail 6e made on tfre 6asis of $ 150. Fr�r such hal� day.
Tf�e Appraiser shall keep such personal records of a}1 details with
, respect to tfle appraisal of parcels as will enabTe the Appraiser to
appear as such �itness. _
7. 1't is understood and agreed that the Appraiser shall receive canQensa-
tion for services performed fierennder (e�ccept as provided in Paragrapfi
6 hereof} in total amount of $I200.00 which services shall
i'nclude reinspectton for addiLional'� or supplemental data as required
under provision of Paragraph 5 hereof, and which sfiall include sucfi
supplementat services as may 6e necessary or desirable to enabie the
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Appraiser to perform tha services required under Paragraph 6 hereof
(exclusive of payment fo�• actual court appearancesZ.
�- $. ihe local Public Agency shall furnish a map or plat of the ProJect
Area and the legal description and dimensions of the parcels. On sucb
map the parcels sfiall be designated 6y number, and in the appraisal
reports the numbers used sF�all correspond with the numbers s;*.own on
the map or plat of the ProjGCt Area furnished by the Local P:;blic
Agency. The Local Public Agency shall also furnish the tract owner-
ship data required to be included in the appraisal report by Section ;
(d) fiereof. If.the local agency has a Property Analysis or Fixture
Appraisal of parcels to be appraised, the local 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 parcets from the operation of this
contract and in such event equitable adjustment shall be made for ali
work completed and accepted prior to such exclusion and for any subst�-
tial amount of work or service performed to the date of such exclustcor
but not in such form that it can be accepted by the Local Pu61ic
Agency, such adjustment in no event to exceed the total amount proviue3
in Section 7 hereof (but exclusive of the provisions of Sections 6 an,�
9 hereof).
70. The Appraiser's obligations and duties under this contract shall not
6e assigned in whole or in part, 6ut tfiis shall not prohibit the
assignment oF tfia proceeds due hereunder to a bank or financial inst'str
tion. Tf�is contract may 6e assigned by the Local Public Agency to arrr
corporation, agency, or instrume.ntality authorized to accept such
assignment.
11, 7he Rppraiser agrees that his rePort and conclusions are for the
confidentiaT information of tfie Local Pu61ic Agency and that fie will
not.disclose his conclusions, in wfiole or in part, to any person
whatsoever, other than to submit his written report to the Local
Pu61ic Agency, a�d wilt onty discuss the same witfi it or its authnrizad
representatives, until called upon to testify in relation to such
report and cortclusions under oath.in a Judicial forum for the purpose
of determining fair market value_
]2. Pn tfie event of bre�ch of any condition or proV�sion hereof, the Local
Pub}ic Agency shall have tfie right, 6y prior written notice to the
Appraiser, to terminate tfie employment of the Appraiser hereunder ar�d
cancel tfiis contract and 6ave tfie work thus canceled othzrwise perfors�si,
without prejudice to any other rights or remedies of the Local Public
Agency. TF�e Local Pu61ic Agency shall fiave the benefit of such work
�as may fiave 6een completed up to the time of such termination or
cancellation� and witfi respect to any part which shall have been
delivered to and accepted 6y tF�e Local Pu61ic Agency there shall be aa
equitable adjustment of compensation, which in no event shatl exceed
tF�e total amount provided in Section 7 hereof (but exclustve of the
provisions of Section 6 and 9 F�ereof).
73. The term "pareel" as used Berein means any contiguous tract of land iQ
the same ownersfiip whetfier such tract consists of one or more platted
lots or a fractional part tfiereof.
]4. Pt is understood tE�at the time within whicb the. work is to be perforrx3
is oP primary importance and of the essence of tfiis conYract. TRe
pppraiser will proceed with tfie o-rork fiereunder in such sequence and
order as to the different parce}s as the Local Public Agency may, in
writing, direct, and wili furrtish and detiver the appraisal reports w
the Local Public Agency as soon as completed.
75• As an inducemerit to the execution of this agreement by the Local
Public Agency, the Appraiser represents and agrees that tfie Appraiser
has not employed any person to solicit or procure this contract, and
fias not made, and witl not make, any payment or any agreement for the
payment of any canmission, percentage, brokerage, contingent fee, or
other compensation in connection witfi tfie procurement of this contracr;
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and tt�at the Appratser has not now, and will not acquire, a� interest
(including tfiat of real estate agent or 6rokerJ, direct or iixlirect,
present or prospective, in any of tfie parcels in tfie ProJect Area
prior to acquisition of all of tfie parcels by the t�ocal Pu61ic Agency;
and has not employed and will not employ in connection wTth Work to be
performed hereunder any person having any such interest during the
term of tfiis contract either directly or indirectly.
16. During the performance of this contract, the P.ppraiser agrees as
foliows:
a. The AppraTser will not discriminate against any employea or
applicant for employment 6ecause of race, color, religion, sex,
or national origin. The Appraiser will take affirmative action
to insure tfiat applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall inGlude,
but not be limited to. the following: employment, upgrading,
, demotion, or transfer; recruitmen2 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 in conspicuous places, available to employees and
applicants for employment, notices to be provided by ttte Local
Public Agency setting forth the provisions of this nondiscrimin-
ation clause.
b. The Appraiser will, Pn all solictations or advertisements for
employees placed by or on behalf of the Appraiser, state tfiat all
qualified applicants wilt receive consideration for emp}oyment
without regard t0 race, color, religion, sex� or national origin.
c. The Appraiser will cause tha foregoing provisions to be inserted
in all su6contracts for any work covered by this contract so that
such provisions wtll 6e 6inding upon each subcontractor, provided
tfiat the foregoing provisions sfiall not apply to contrad s or
subcontracts for standard commercial supplies or raw materials.
17. No Member of or Delegate to tfie Congress of the United StaCes of
Rmerica, and no ResPdent Commissioner shall be admitted to any sfiare
or part thereof or to any 6encfit to arise herefrom.
18. No member of tfie Local Pu61ic Agency shatl participate Cn any decision
relating to this contract wfiich affects his personal interests or the
interests of any corporation, pertnership, or association in t�hich he
is directTy or indirectty interested; nor.,shall any member, oFficer,
agent, or employee of the Local Public Agency have any interest direct
or indirect in this contract or the proeeeds thereof.
19. The Project Area is described as fotlows:
Please see Attachment "A".
fN WtTNESS WHEREOF, The parties hereto fiave caused this Agreement to 6e executed
tn triplicate on tfiis ' day of
In the presence of:
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BY=
Appraiser
Local Pu61ic Agency
Title
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ATTACHMENT A
Parcel l�7 — Maricopa Dri,ve & Covington Drive
Lots 483, 484, and 485 of the Third Addition to ldesthaven, Thirteenth �rd, City
of Oshkosh, Winnebago County, Wisconsin.
Parcel �10 — Nicolet Avenue
Lot 19 of the First Additi,on to Anchorage Park; and that part of Lot 135, Replat
of Oakwood Beach Plat, Fifteenth Ward, City of Oshkosh, that is A/K/A Lts 32,33,
34, and 35 of the proposed Second Addition to Anchorage Park as shown o� the map
of March 2, 1979, as revised on April 6, 1979, and January 8, 1980, by Steven T.
Chronis, Wisconsin Registered Land Surveyor 5-913.
Parcel i�.11 — Bowen Street � Mallard Avenue
The West 150' of the North 200' of the SE 'ti Section 12, lying East of �ven Street,
West of Evans Street, and South of Mallard Avenue, Fifieenth Ward, SE } of the
SE '-� Section 12 Addition, City of Oshkosh, Winnebago Coun[y, Wisconsin.
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