HomeMy WebLinkAbout30326 / 79-21Scptcmber 6, 1979
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PURPQSE: AU7'fIC)RIZE COidT32ACTS I�'OR I�YPRAISAT SEINICFS FOR 71TE }IOCISIT]G
SI'PE 1�CQUISITION PF2(�IL'I'
1NITIA'PE� �Y: DF.PAR`1'�1h�V`I' OF Cb•��llJNI'1'Y DF.V}?S1�P;7t7dP
[9;-I'r.'F2FAS, appraisals n�ed to t�e pezfonne�cl wiil; r�r�•�rci to the Hous.ing Site
A��c¢�isition Project;
NO[V, 77IEFtt�'FORE, SE IT RF.�JTUID by the Cormx�n Council of the City of Osltkosh
that the proper City officials are hereby auth�rized and directed to enter into
the attached crontracts for appraisal services with Fox Valley Appraisals, Inc.
in the arrount of $ 1500.OQ and ICargus Realty in the arrount of $ 500.00. ASoney
for this ptuZ�ose is her�y appropriated from Acount No. 321-927, all within the
Site F�c�uisition P�.;coc:nt.
SUBMITTED BY
- 21 -
P,GRCCt1E�1T FOR FIPlA! A?PRAISAL
THIS AGREEMtMT, entered into this day of , 19 ,
b�twecn the XX�Y,Y,�XXXXXX>;XXXXXY,2��Y,�fic City of OSI�KOSFi
Stat� of ['.tscoFisin , hercinafter referred to as tne "�ocal
— ----- -- -- --� -
Agency," and Fox Valley_Appraisals2_7nc._________, fierinafter
--- ---
ns th� "qppraiser."
UIT`IESSEIH 7HAf:
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by and
.
Public
reierred [o
WNEREAS, the tocal Public Agency proposes to acyuire certain property
hereinafter referred to as the ProJcct Area (more particularly describes herein-
after) and desires Yo obtain an appralsal of eacfi parcel in tf�e Project Area,
including all improvements structures, appurt�.nanc�s, or other elements of value
wnich are recognized by the courts in eminent domain proceedings; and
WHEREAS, the A�praiser represents that he is authorized and quail�ied to
make such appraisal and is familiar with recognized appraisal practices and with
tha standards required for determining values in eminent domain proceedings;
NOW, THEP.EFORE, the Local Public Agency and the Appraiser, for the consider-
ations and under ti�e conditions Feretnafter set forth, do agree zs follows:
� Fa ,���
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The Appraiser agrees to:
a. Make a personal inspection of each parcel in the ProJect Area
including all improvements, structures, signs, advertising displays,
fixtures, appurtenances, or other elements of value tF�ereon or
thereunto belonging wnich are recognized by Yhe courts in eminent
domain proceedings and to advise the Local Public Agency, in a
written report, of fiis opinion of the fair rarket value of each
such parcet, excluding all items receiving an evaluation n the
Fixture Appraisal, if any.
b. Provide the owner of each parcel or his desigrated representative
an opportunity, by reasonable advance notice in writing or other-
wise, to accompany the Appraiser during his daYailed inspection
of the property. In the process of inspecting property, the
Appraiser shall, to the extent practicable, ascertain the rights
of all parties in possession and note for consideration all
factuai information and comm�nts furnished by the owner or his
representative relevant to th� appraisal. If another Appraiser
is also to app;aise the same property, each Appraiser shall rnake
a reasonable eFfort to insp�ct the parcei et the same tir,:e, as
not to inconvenience thz ovm er of each parcel or his designated
represantative; ho•.ever, each Appraiser must oih2rwise preoare
fiis appraisal report independently. Each Appraiser shall notify
the P.elocation Specialist of the Local i5ency, by reasonable
advance notice in writing or otiierwise of the date and tirae of
tfie inspection for eacfi parcel, and to p�ovide a reasonable
eppurtunity for said local representative to accorpany the Appraiser
during inspection.
c. Vcrify, inso�ar as is practic�ble, all rc-cent sales of the prop�rty
apprais�d, and all recent sales of conparable pruperty o;hich the
;;ppraiser has takcn into consideration as reflecting the fair
a:arF:et value of the property appraised. Such verification shall
include iniervie�oing the seller, buyer, agent, or any other
pc;rson Rno�Nn to f:ave participated in th� trnnsaction, to ascertain
th� consideration, ihe terms and conditions of the sale, any
S�,f;Cio� f3Gi01'S aii`ecting Yh0 a�r.ount of iilA COl151C�2f3ClOf1� 8f1O
t�:e hctual condition of the pro,erty at 2he tirre of transfer.
d. Ce,rpletc appraisal r�port 30 days follo.aing notice by the Local
public i,g::ncy to proceed wi2h tf,e appraisal 09 each certain
parccl.
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2. The �'epo�t three (j) copies shall, in form �nd substance, conform to
recognized ��ppraisal proctices and to the principles of evaluating
property for determining values in eminent domain proccedings. In
detcrmining the fair market value of the property, the l�ppraiser shall
disregard any decrease or increase in the fair market value of the
real property to be acquired (or tfie entire property of the owner in
the case o` a partial taking) prior to the date of valuation caused by
tli� publ ic improvcment or pro)ect for which the property o-rould be
acquir:d for such improvement or p�ojcct, other than that due to
physice:l detcrioration within reasonable control of the o;aner.
a. The Appraiser's opinion of the fair narket value of each parcel
including irop�oveirents, siructures, signs, advertising displays,
fir,tures, appurtenances, or otfier elements of value recognized by
the courts in emin�nt damain proceedings, except all items receiv-
ing an eyalutation in the Fixture Appraisal, if any. (n the
event that tF�e parcel is improved, he shall state the age, dimen-
sions, kind, character and condition of each of tf�e various
structures, improvements, signs, advertising displays, or fixtures
appertaining to the property together with tfie Appraiser's opinion
of the property's hTghest and best use and an allocation of the
value and utility of each such structure, inprovement, fixture
(or otf�er elerent of value) in relation to the highest and best
use to which tfie property in the Appraiser's opinion, is adaptable,
except all items receiving an evaluation in the Fixture Appraisal,
if any. lt shall include a photograoh of the property, along
arith the date said photograph was taken.
b. A report of any and all circumstances found by the Appraiser to
exist with respect to unlawful condition, use, or occupancy of
the property betng appraised.
c. The names and addresses of the present owners of the pro�er[y,
the date and ptace of recording the instrunent 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 sell his property.
d. A statement of all sales of comparable property a�hich the Appraiser
has taken into consideration in estimating the fiair market value
of the subject property. The statement covering sales of compar-
able properties shall indicate the factors of comparability and
shall set forth the names of the grantor or grantee, a general
description of tiie property and its condition, date of transfer,
place of recording of the com�eyance, and a map, diagram, or
other information indicating the location of sucn sales in relation
to the subject property.
e. The assessed value of the property and the amount of the current
real estate tax levy.
f. A scale map of the parcel being appraised.
g. A state��ent o` the rental value of the property and a history of
the rental experience, if any.
h. A state�,�ent as to existing utilities and the adcc;u.:cy t(�ereo`
with respect to the service availa6le to the property; a brief
description of the charecter of street improvu�ents approx7mate
,___ _.._ �,,, to the site of the property appraised; znd a statement showing
= t. Y.0., transportation, school, narketing, and other niscetlan°ous facil-
��Y� ities such as churches, parks, playgrounds, and public libraries.
i. �; state�,,ent as to iiheth�r or not the property or zny portion
?`�ereof is subject to special assessments; if so, the nature,
,r�unt, and number of years during �ihich payr,ents must be nade.
j. ;; statement of all factors ta!:en into consideration by the Apprai�.�-r
believed by him to inTluence, either favorably or unfavorably,
ifl.°_ !!lor�rn} v.a��iP ftf t{iP Prn�.:rt �ro�• ♦,..-.��'_' • i_ . � �
.. � _�_�... .a��i� .i .,w. ,�.,,� �
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conc_crning tlie activity of thc rcal estatc rnarket in the in�mediatc
arca �:�itfiin ���nd surr�iuiding tlie Pro)ect Arca during the past few
ycars and current r.arket conditions.
4. The report shall contain additional information under the following
circumstances:
a, hisp�_ction. If an o.aiier of a ca�pensable interest in the property
or a representative of such o.�rier does not accompany the Appraiser
duriiig the inspection, the ;,ppraiser shall include in his appraisal
report a copy of fiis notifir_ation to w ch ooiner of such opportunity
to acccr�pany the Ap�raiser, certified by tne AppraPser to have
b�en delivered to such owner personally or Ly certified or regis-
tc-red mail not less Yhan scven (7) dcys prior to his inspection
of the property.
b. Owner-Occupant in a Multifamiiy or Mixed-Use Property. If the
property is a multifamily or mixed-use residential and nonresiden-
tial) property and tf�e owner of a compensable interest tF�erein,
as defined in the next sentence, occupies a dwelling in tF�e
property, the Appraiser shall furnish an apportionment of his
estimate of the fair market value of the wnole property to such
dwelling, or to each ewner occupied dwelling if more than one,
and to the renainder of th° property. For the purpose of this
paragraph, an occupant of a dwelling shall be considered to own a
campensable interest in the property if he holds fee title, a
life estate, a 99-year lease, or a lease with not less than 50
years to run from the date of valuation, or holds a� interest in
a cooperative housing proJect o-ihich includes the rigi�t of occupancy
of a dwelling unit therein, or is the contract purchaser of any
of the foregoing estates or interests, or has a lease hold interest
with option to purchase. TF�e Appraiser's reporY shall explain
how he made the apportionmznt and the rationale therefore.
c. Severance. In the event of severance, the Appraiser shall state
F�is opinion of the fair market value of the whole, tfie fair
market value of the part not ta4:en, and the value of any special
benefits accruing to the part not taken which under local law may
be taken into consideration; 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 local law to the value of such
special benefits, if any. Where an allocation is made for sever-
ance danages, a full sYatement of tFe reasons for such an alloca-
tion shoutd be made.
5. The p�rformance of services or acceptance of the a;praisal �eports
required hereunder shall not relievz tne Appraiser from obligation to
correct any defective �lork subsequently discov�red, and all incomplete,
inaccurate, or defective work shatl 6e remedied by the (iporaise; on
demand �aitF�out cost to tfie Local Public Agency.
6. In the event that the testimony o` the Apprais�r is required in any
legal proceedings in connection a�ith tne Local Pu51ic Agency's acyuisi-
tion of the property herein referred to, the Appraiser agrees to
appear as a ti�itness on b�half cf the Local Public Agency and ayr_es
that t6e fair and reasonable co-�pensation ror his ;crvices shall be
the sum cf $ 350.00 per day for each `ull day's attendance ir,
court. In tlie event svch attendance shall be one-half day or less,
� compensation shall be made on the basis of $1�5• for such half day.
Tfie P.ppraiser shall keep such personal records 'of all details ��ith
res�ect to the appraisal of parcels �s ��iill enable the P,pprai,er to
appear as s�uch witness.
7. tt is �_nde;stood and ayreed that the Appraiser shall receive conoensa-
tion for services p�rformed her�under (except as provided in ParagrapR
6 hereo`) in total �rount of $ 1,500.00 �,�hich services shall
include �ein;p�ction for additional or suppler�cntal data as required
under provision of Paragraph 5 fiereof, and which shall include such
�nnnln�ur�r-l� GP�VIf/'S �c ..,Ir �n •- �•� „� ;,�,_���uulC LV c�i.eJIC Llli:
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A;�proiscr to perform the scrvices requfred under ParagrapF� 6 F�c-rcof
(exelusiva of payment for actual court �ppe�rr�nces}.
8. Tfie Local Publie Agency shall furnish a map or plat of the Projcect
Area and the legal description and dimensions of the parcels. On such
nap the parcels shall be designated by nu:nber, and in the appraisal
reports the numbers used sfiall correspond ��ith the nu,�burs shown on
the map or plat of th� iroJ%cct Area furnished by the Local Pu61ie
Agency. Tiie Local Public Agency shall also furnish the tract oi-�ner-
ship data required to be included in the appraisal report by Scction 3
(d) hereof. If ti�e lor_al ay�ncy has a?ropr.rty A,nalysis or Fixture
Appraisal of parcels .o be appraised, the local agency sfiall meke the
materials available to the rcal estzte appraiser(s).
9• The Local Public Ag:�ncy may at any time by notice in writing to the
Appraiser exclude any parcel or parcels from the operation of this
contract and in such event equitable adjustment shall be nade for all
tiw�rk completed and accepted prior to such exclusion and for any substan-
tial amount of work or service performed to the date of such exclusion
but not in sucfi form that it can be accepted by the Local Pu61ic
Agency, such adjustn>_nt in no event to er.ceed the total amount provided
in Section 7 h�.reof (but exclusive of th� provisions of Sections 6 and
9 hereo�).
]0. The Appraiser's obligations and dutizs under this contract shatt not
be assigned in whole or in part, but this shail not arohibit the
assignment of tf�e proceeds due fiereunder to a bank or financial institu-
tion. Tnis contract nay 6e assigned by Yhe Local Public Agency to any
corporation, agency, or instrumentality authorized to accept such
assignment.
11. The Hppraiser agrees that his report and conclusions are for the
confidential information of tfie Local Pu61ic Agency and that he will
not disclose his conclusions, in wt�ole or in part, to any person
whaiso=_ver, other than to submit his written report to the Local
Pu61ic Agency, and �aill only discuss the same wit6 it or its authorized
representatives, until called upon to testify in retation to such
report and conclusions under oath in a Judicial forum for the purpose
of determining fair marl:et value.
12. fn the event of breach of any condition or provision hereof, tfie local
Public P.gency shall have tfie risht, by prior written notice to the
Appraiser, to terminate the employment of the Appraiser hzreunder and
cancel this contract and have the work thus canceted otherwise performed,
wlthoui prejudice io any otfier riyhts or remedies of th� Local Public
Agency. The Local Puolic Aoency shall (�ave the benefit oi such work
as may F�ave 6een ccmpleted up to the time of such termination or
cancellation, and witfi respect to z�y part which shall h�ve been
delivered to and accepted 6y tF�e Leczl Pu61ic Agency tnere shall be an
equitabte adjustment of corp�nsation, which in no event shall exceed
the to2a1 amount provid-cd in Section 7 hereof (but exclusive of the
p�ovisions o° Section 6 and 9 hereof).
73• The term "parcel" as used berein r:,�ans any contiguous tract of land in
the s�:ns o�mership whetner such tr�ct consists oi one or more ptatted
lots or a`ractional part tnereof.
74. it is understood tt�at tF° time witnin �.�rhicn the �-�ork is to be performed
is� of primary importance and of tl�e essence of this contract. The
" Appraiser will proceed with tfie efurk hereunder in such sequence and
order as to the different parcels as the Local Public Ag°ncy c.ay, in
writin9, direct, and ��iilt furnish and deliver th� arp;aisal reports to
the !ncal r^ublic Agcncy as soon as co.npleted.
75. As an inducement to the e;:ecution of this agree:;ent by the Loca1
Public Agency, the A;.praiser repr�sents and agrzzs that the Appraiser
has not er�ployed any person to solicit or prowre this contract, and
has not rade, and will not make, any p�yment or any agrcement for the
p�yment of �ny� commiSSinn, nerc'rnta!ir, hrn'�eran-'. �nntinnFnr ft•� nr
other compensation in connection �aitf� the procurenent of this contract;
_
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�nd tf�at the Appraisr_r has not now, and v�ill not �cquire, any interest
(including that of real esYate �gent or broker), direct or indirect,
present or prospective, Tn any of tfie parcels in [fie ProJect �rea
prior to acquisition of all of tfie parcels by the Local Public Agency;
and has not employed and wilt not employ in connection with t,rork to be
performed hereunder any person having :sny such interest during tlie
term of tfiis contract either directly or indirectly.
16. During the per`o;;�.,nce of this contract, the P.pprai :er r:grr,,s as
follows:
a. The Appraiscr will not discrimin�te ag�inst ;ny e,:ploy�e or
applicant Sor unployi�,�nt bccause of race, color, rcligion, se,x,
or nationai origin. The Appraiser will take affirmative action
to insure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex, or natianal ori9in. Such action shall include,
b�t not be limited to, the following: employnent, upgrading,
demotion, or transfer; recruitmant or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation;
and selection for training, includi�g apprenticeship. The Appraiser
agrees to post in conspicuous places, available to employees and
applicants for enployment, notices to be provided by the Local
Public Agency setting forth the provisions of this nondiscrirnin-
ation clause.
b. The Appraiser wi11, in all solictations or advertiserents for
employees placed by or on behalf of the Appraiser, state that all
quatified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
c. The Appraiser will cause the foregoing provisions to 6e inserted
in atl su6contracts for any work covered by this contract so that
such provisions wilt be binding upon each subcontractor, provided
tfiat the foregoing provisions sfiall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
lJ. No Mernber of or Delegate to the Longress of tfie United States of
America, and no Resident Co.nmissioner shall be admitted to any sliare
or part thereof or to any benefit to arise herefrom.
78. No member of the Local Pu61ic Agency shall participate in any decision
relating to this contract wliich affects his personal interests or the
interests of any corporation, partnership, or association in �•rhich he
is directly or indirectiy interested; nor shall any member, officer,
agent, or employee of the Local Public Agency have any interest direct
or indirect in this contract or thz proceeds th�reof.
19. 7he Project Area Ts describ>d as follows:
(See att�chaent "A")
lN 1dfTt1ESS WNcREOF, The parties hereto have caused this Agrez;nent to be executcd
in triplicate on this day of
In the presence of:
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'`�" , C-�i ��-T
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,.�j�--�:��F-�: �����% ���—'f.-C� X.-tCe
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^ I_ocal Pu61ic F,g�ncy
tle
aTracxt�r;iar ��a��
sz�rF �1
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Lots 26 and 27 and the south one-half of Lhe vacated a7ley
lying north of and adjacent to these lots; and lots 9, 10,
11, 12, and 13 and the north one-half of the vacated alley
lying south of and adjacent to these lots, Block 5, Plat of
the Interurban Land Company, 15th (aard, City of Oshkosh,
Winnebago County, Wisconsin.
SITE #2
Cancelled.
SITE #3
The east 340 feet of the west 580 feet of
F. and Meta R. Rasmussen Subdivision, 15th
Oshkosh, 6,Iinnebago County, Wisconsin.
SITE #�4
outlot �4, William
Ward, City of
Lots 6 and 7 and the north one-half of the vacated alley lying
south of and adjacent to these lots, Block 5, Plat of tnn
Interurban Land Company, 15th Ward, City of Oshkosh, Winnebago
County, Wisconsin.
AGREEFIFNT FOR FINAL APP;;AISAL
ltilS F1f,RFEME�IT, entercd into this day of
— _ _
,ct�::_en the of the City of
Slat� of , hcreinaftcr roferred to as
Ageney," and �- ��
_ _.1`t inL-'wr�- 1-�[ i_ � .
-- -- - — —
as the "Appraiscr." ----
WI RJESSE7H THAT:
a
�
, 19 , by �,nd
the "Local Public
herin�fter referrod to
IJHERFFlS, thr loeal Public Agency proposes to oequire certain prop�rty
ficr��inofter refcrred to as the Project llrca (nore ��r�rticulnrly describc:s hercin-
af,_r) and desires to obtain an ap�rais�l of each parcel in the Project llrea,
including ali improvements structures, appurtenances, or other cic�nents of value
�ahich are recognized by the courts in eminent do�ain proceedinys; and
WHEP,EAS, the Appraiser repres�nts that he is authorized and quailfied to
make such appraisal and is familiar witfi recognized appraisal practices and �aith
the standards required for determining values in eminent domain proceedings;
NOW, THEREFORE, the Local Public Agency and the Appraiser, for the consider-
ations and under the conditions hereinafter set forth, do agree as fol)ows:
The Appraiser agrees to:
a. Make a personal inspection of each parcel in the Project Area
including all improve;�ents, structures, siyns, advertising displays,
fixtures, appurtenances, or other elements of value thereon or
thereunto belonging uhich are recognized by the courts in eminent
domain proceedings and to advise the Local Public Agency, in a
written report, of his opinion of the fair market vatue of cach
such parcel, excluding all items receiving an evaluation n the
Fixture Appraisal, if any.
b. Provide the owner of each parcel or his d�signated repres�ntative
an opportunity, by reasonable advance notice in writing or oth°r-
wise, to accompany th� Appraiser during his detailed inspection
of the property. In the process of inspecting property, thc
Appraiser shall, to the er.tent practicable, ascertain the ri_yhts
of all pariies in possession znd note for consideration all
factual ir.`ormation and co:nments furnished by the o���ner or his
representative rele��ant to the appraisal. If another Appraiser
is also to appraise the same property, each Flppraiser shall maf;e
a reasonable eiiort to inspect the parcel at th�- same tine, as
not to inco;;venience the ot•mer of each parcel or his designated
rep:esentative; ho..ever, each Appraiser must othenaise prepare
his appraisal report ind ,:endently. Each Appraiser shall notify
the Relocation Specialist of the Local Agency, by reasonable
advance notice in writing or o�herwise of the date and tir:e o{
the inspectio�� for each parcel, and to provide a reasonable
opporwnity for said local represertative to acco;npany the Appr�iser
during inspection.
e. Verify, insofar as is practicable, all recent sa)es of the property
appraised, and all recent �ale; of co;uparable property ��;hich the
kppraiser has Yaken into consideration as r�.flecting the `air
market value of the pro�erty .ppraised. Such verific.:tion shall
include in*crvie-wing th� scller, bu�-er, agcnt, or any oth�r
person kno�.m to have participated in tlie transaction, to ascertain
the consideration, the �erms and conditions of the s�le, �ny
�pecial factors affecting the amount of th° con;ideration, and
Lhe actual condition o` the property aY the tir,� of transier.
d. i.c;u,�lete appraisal report 30 clays follo•.ving noYice by the Local
Public Flyency to proczed �•�ith the ��ppraisol of each certain
E:a rce 1 . -
?.. the re�ort three (3) copies shall, in fonn and substance, conforr� to �
recoynized �ppraisal pr.�ctices and to the principles of evaluatin
property for de[crmining values in eminent domvin proeeedinys. I
detcimining the fair market value of the property, the F�ppraiser sh�ll
disroynrd ❑ny decrease or increase in the fair m�rL.et value of the
rcil property to be �xquired (or the entire prop�rty of the owner in
the ca;c of a partial takiiiq) prior to the date of valuation caused by
the public improveinent or project for ��hich the property o-fould be
acquired for sueh irnprovem_nt or project, othc�r than that due to
physical detcrioration ���ithin reasonable contro] of the oHmer.
a. Thc A�praiser's opinicm of the fair n�arl:et value of each parcel
including iriproven;ents, strur_tin es, siyns, advertisiny displays,
fir.tures, appurtenances, or other elements of value rccoynized by
tl�e courts in eminent domain proccedings, er.ccpt all iterns receiv-
ing an c��alu��tion in the 1=i>;[ure Appraisai, if any. In the
cvent that the parcel is im.pioe�ed, he sh�ell state the age, dim�n-
sions, kind, character and condition of each of the various
structures, improvements, signs, advertising displays, or fixtures
appertaining to the pro;erty together with the Appraiser's opinion
of the property's highest and best use znd an allocation of the
value and utility of each such structure, improvement, fixture
(or othe.r etement of value) in relation to the highest and best
use to which thz property in the Appraiser's opinion, is adaptable,
except all items receiving an evaluation in the Fixture Appraisal,
if any. It shall includz a photograph of the property, along
with Yhe date said photograph was taken.
b. A report oi any and all circumstances found by the Appraiser to
exist with respect to unlawFul 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 osaners claim title, any other sales of the property
during the lasi five (5) years preceeding the zppraisal, and
recent offer(s) by the owner to setl his property.
d. A statement of all sales of comparable property �:hich the Appraiser
has taken into consideration in estimating the fair market value
of the subject property. The statemznt covering sales of compar-
able properties shall indicate the factors of cornparability and.
shall set forth th� names of the grantor or grantee, a y�neral
description of the property and its condition, date of transfer,
place o` recording of the conveyance, and a map, diagram, or
other information indicating the tocation of such sales in relation
to the subject property.
e. The assessed value of the property and the a,;:ount of the current
real estate tax le�ry.
f. A scale map of the parcel being appraised.
g. A stazemant of the rental value of the property and a history of
the rental experience, if any.
h. A statement as to existing utilities and the adequacy thereof
�•�ith respect to thv service available to the propzrty; a brief
desu iption of the character o` street iroprover.,ents �pproxiinate
to the site of the property appraised; ��nd a stateinent sho.�ing
transportaiion, school, r�arketing, and other rniscellaneous faeil-
ities such as churchzs, parks, play9rounds, and pubtic libraries.
A statcment as to ��hether or not the prop�rty or any portion
thercof is subject to special assessment s, if so, the nature,
.:a�oimt, and number oi years during �:hich paymcn[s must be made.
j. i; s[atement of all factors taken into consic�ration by the Appraitier
b;:lieved by him to influence, either favorably or unf�vorably,
the market v�lue of the Project Area; toyeth�r ���ith a staterncnt
concerning the activity of the real estate market in the
arca within and surrounding ttie Project llrea during the
years �nd eurrent market eonditions.
ic�.���.�� �
past fcw
4. The repor[ shall contain addition�l inform3tion under the follo.iing
circunr,tc�nces:
a. Insp��ction. If ��n or:ncr of a compens�6le interest in the property
c�r a rcpresentative of such o.Jner does not acco,npt�ny th2 �ppraiser
during the insprction, the Flppraiser shall include in his appraisal
rcport a copy of his notific.�tion to such o:m er of such opportunity
to.:,ccomp�ny tl�e Apprai�er, certified by tFi° f.ppraiser to fiave
bcen de_livered to such o::n,_r person�lly or by ccrtified or regis-
tcred uiail nut icss th�in �cv��n (J) days ��r ior to his insp^ction
of the pro,�erty.
b. Oo-�ner-Occupant in a Multiia�nily or kixeu-Use Prop��rty. If the
-- -- ---------------__.—_---._
property is a multifamily or mir.ed-use (re_sidential and nonresiden-
tial) property and the owner of a co�npensable interest thercin,
�s defined in tfie next sentence, occupies a d�,ielling in the
property, the Appraiser shalt furnish an appo rtionment of his
estimate of the fair market value of the a�hoTe property to such
dwelling, or to each owner occupied d�l�lling if nore than one,
and to the remainder of the property. Eor the purpose of this
paragraph, an occupant of a c��.:=11ing shall be considered to own a
compensable interest in the proprrty if he holds fee title, a
life estate, a 99-year lease, or a lease taith not less than 50
years to run from the date of valuation, o r holds an interest in
a cooperative housing project tiahich includes the right of occupancy
of a dwelling unit therein, or is the contract purchaser of any
of the foregoing estates or interests, or has a lease hold interest
mith option to purchase. The l�ppraiser's report shall explain
how he made the apportionment and the rationale therefore.
c. Severance. In the event of severance, the Appraiser shall state
his opinion of the fair market value of ihe ���hole, the fair
market value of the part not taken, and the value of any sp�cial
benefits accri ing to the part not taf:en which under local lat•i may
be taken into consideration; 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 lo�al law to the value of such
special beneiits, if any. 4lhere an allocation is rade for sever-
ance damages, a full statement of the reasons for such an alloca-
tion sho�td oe made.
5• 7he performance of scrvices or acceptance of the appraisal reports
required hereunder shall noY relieve the F;ppraiser from obligation to
eorrect any de{ective �,�or'� subsequently discovered, and all incorplete,
inaccu�ate, or defective �•:ork shall be rern�dicd by the Appraiser on
demand ti�ithout cost to the Local PuSlic F�gency.
6. In the event that the testimony of tne Flppraiser is required in any
legal proceedings in connection �•�ith the Local Public Agency's acquisi-
tion of the pr-operty fierein referred to, the Appraiser agrees to
appear as a�iitness on behalf of the Local Public A9ency and agrees
that the fair and re�sonable com,ensation for his services sh�ll be
the sum of $=�Cc'�„=� per day for each full day's attend��nce in
court. In the event such attendance shal) be one-half day or lrss,
com,ens<,tion shall 6e rozde on tl�e basis of $l�';-_for such half day.
The kppr�iser shall keep such p�rsonal records of all details �,iith
resner_t to tfie appraisal of parce.ls .�s a:ill ci�able the l;ppraiscr to
appear as such t��i tness.
7. It is understood nnd agreed that the A.,�pr�ise�r e`,all r��c�ive co:r�p�nsa-
tior� �or services p�rformad hereunder (except .�s ;�rovidcd in Paragraph
6 hercof) in total a�nount of $ ��!�i,'__ �fhich services shall
inciud� reinspection for aciditional or suppla:��ntal data as required
under ��rovision of f'ara;raph 5 hereof, and i:hich shall include such
supplo,nental services as r.�ay be necessary or- desirable to enable the
f�ppraiser to perform the ;ervices required under P�ragr�ph
(exclusive of payment for actual court appearances).
6 h:�����of �
�a
8. The Local Public A�ency shal) fw nish a map or plat of tF�e Praj�•ct
Area ,ind the legal description .ind diniensions of the parcels. On siich
map tFe parcels shnll be designoted by number, and in the :�ppraisal
reports the numbers uscd shall correspond �•�ith the numbers shown on
the map or plat of the Project Arca furnished by the Local Public
Agency. The Local Public Agency sholl also furnish th� tract o�,�ner-
ship data required to be included in the r,pprai:al report by Section 3
(d) hereof. (f the local aycncy has a Piroperty f,nalysis or Fizture
Appraisal of parccls to he appraised, the local �gency shall ����ke the
materials available to the rcal estate appraiser(s).
9. 'fhe i_oc�l Public ll�ency m�y at .�ny ti�ne by noticF in �iriting Yo the
/lppraiser exclude ony p.�rcei ur {�:,rceis from the o��eration of this
contract and in such event equitnble adjustin�nt shall be made for all
H�ork completed and accepted prior to such exclusion and for any substam
tial amount of work or service performzd to the date of such exclusion
but not in such form that it can be accepted by the Local Public
Agency, such adjustrnent in_no event to exceed the total an:ount provided
in Section 7 hereof (but exclusive of the provisions of Sections 6 and
9 hereof).
70. The AppraPser's obtigations and duties under this contract shall not
be assigned in whole or in part, but this shall not prohibit the
assignnent of the proceeds due hereunder to a bank or financial institu-
tion. This contract may be assigned by the Local Public Agency to any
corporation, agency, or instrumentality authorized to accept such
assignment.
11. The Appraiser agrees that his report and conclusions are for the
confidential information of the Local Public Flgency and that he tvill
not disclose his conclusions, in whole or in part, to any person
whatsoever, other than to submit his writte� report *.o the Local
Public Agency, and �aill only discuss tfie same with it or its authorized
representatives, untii called upon to testify in relation to such
report and conclusions under oath in a judicial forum for the purpose
of determining fair market value.
12. In the event of breach of any condition or provision h_reof, the Local
Public Agency shall have the riyht, by prior written notice to the
Appraiser, to terminate the employment of the Appraiser hereunder and.
cancel th�s contract and have the work thus canceled othe naise perforr.:ad,
without prejudice to any other rights or remedies of the Local Pu61ic
Agency. The Local Public Agency shall have the ben;-iit of such r:ork
as may have been completed up to the time of such ternination or
cancellation, and �aith respect to any part �.hich shall F:ave been
delivered to and accepted by the 1_ocal Public {lgency there shall b� an
equitable adjustment of com; .nsation, �:hich in no event shall er.ceed
the total arount provided in Section 7 hereof (but exclusive of the
provisions of Section 6 and 9 hereof).
13- The term "parcel" as used herein ni�ans any contiguous .ract of land in
the same oi;nership ���hether such tract consists of one or more platted
lots or a fractional part thereof.
14. It is unuerstood that the time �-iithin which the i�ork is to be p�rformed
is of prin;ary importance and of the essence of this contract. Thz
Appraiser will p�rocezd �aith the �iork hereunder in such sequence and
order as to the different parcets as the t_ocal PuSlic Agency r�,ay, in
writing, direct, and t,�itl furnish and deliver the appraisal reports to
the Local Public Ageney as soon as completed.
15. As on inducc.r�ent to the e>;ecution of this ayreer._nt by the I_oc�l
PuLlir Ayency, the Appraiser rc:presents and aqrees that th° P,ppraiser
has r.ut employ;-d any person to solicit or procure this contract, and
has not made, and �.�ill noi make, any paymznt or any �,creem�nt for the
payme;nt of any commission, percentage, bro4erage, con[ingent fee, or
other cnmp�nsition in connection ��ith th� procurec-nt of this conirr�ct;
i6.
17
�nd thr�t the llppr�iser has not now, and ��rill not acquire, any intcr��
(including that of rcal e>tate agent or broker), direet or indirect,
present or prospective, in any oF the parcels in the Project Area
prior to aequisition of all of the parcels by thF Local Publie Agency;
ind has not employed rmd will not employ in connection with work to be
perfonned hercunder r,ny pers.on having r,ny such interest during the
terin of this contract either directly ur indirectly.
During the perform�nce of this contract, the A��praiser ayrces as
f ol 1 o}as :
a. The �pprni;cr iaili not disu-iminc�te ngai�ist any einployee or
ap{�licant for can,loyment hecause of race, color, religion, sex,
or n�tional origin. ihe Appr�i;er �aill tr,l:e aFfirinative action
to insure that ❑pplicants are cinployed, cind tlint employees are
trcated during e�oplvyment, without reg�rd to their race, color,
religion, sex, or national origin. Such action sf�ali include,
but not be limited to, the follo�•iiny: e�nployment, upgrading,
demotion, or transfer; recruitment or recruitm�nt 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 employmznt, notices to be provided by the Local
Public Agency setting forth the provisions of this nondiscrimin-
ation clause. .
b. The Appraiser �aill, in a11 solictations or advertisements for
employees plac^_d by or on behalf of the f,ppraiser, state that all
qualified applicants will receive consideration for emptoyment
without regard to race, color, religion, sex, or national origin.
c. The Appraiser �aill cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this contract so that
sucfi provisions wilt be binding upon each subcontractor, provided
that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supp]ies or raw naterials.
No I;�mber of or Delegate to tFe Congress of the United States of
Arnerica, and no Resident Commissioner shall be admitted to any share
or part thereof or to any benefit to arise herefrom.
78. No riember of the Local Public Agency shall participate in any decision
relating to this contract which affects his personal interests or th=�
interests of any corporation, partnership, or association in r�hich he
is directiy or indirectly interested; nor shall any member, officer,
agent, or employee of the Local Pubiic Ayency have any interest direct
or indirect in this contract or the proceeds t?�ereof.
19. The Project Area is de.scribed as follows:
�c'� ':�J7r�C�ji'l.,.i� ��'.
I�l WITNFSS 4:I1�RFOF, The parties hereto have caused this Agrezrnent to be e>;ecuted
in triplica2e on this day of
In the prescnce of:
�
_/`/S,r7n✓'i--- /1� /_u-�?=--
F;,piaiser - --
Loca
ic Ayency
Title
A'PTACFIMFNT "A"
S=TF �'1
� a�
Lots 26 arid 27 and t-he soul_h one-}ial� of the vacated alley
1_�ing north of and adjacent to these 1ots; and lots 9, 10,
ll, 12, and 13 and the north one-half of the vacated alley
lving south of and adjacent to these lo�s, Bl.ock 5, Plat of
t:,e Interurban Land Company, 15th [-�'ard, City of Oshkosh,
[dinnebago County, Wisconsin.
SSTE #2
C�ncelled.
S_TE k3
T�e east 340 feet of the west 580 feet of
F. and 11eta R. Rasmussen Subdivision, 15th
Oshkosh, Winnebago County, Wisconsin.
S�1E #4
outlot �4, William
[4ard, City of
Lots 6 and 7 and the north one-half of the vacated alley lyin�
south oi and adjacent to these lots, Block 5, Plat of the
L.terurban Land Company, 15th [a�ard, City of Oshkosh, [n�innebago
County, Wisconsin.
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