HomeMy WebLinkAbout00023C - ROWLAND SWEET PROPERTY APPRAISAL Rowlaxtd F. Sweet to provide
appraisal sery for Phase I,
AGREEMENT FOR APPRAISAL SERVICES Blk 1, Redev area
CRA AGREEMENT #23 (Orig)
CRA Res 79, 1-4-78
THIS AGREEMENT, entered into this 4th day of January ,
1978, by and between the COMMUNITY RE—DE�OPMENT AGENCY of t e City of Pa m
Springs , California, hereinafter referred to as the "Agency," and
ROWLAND F. SWEET
ereinafter referred to as the 'Appraiser. "
WHEREAS the Agency proposes to acquire certain real property (more particu-
larly described in Article 1 of this Agreement) and desires that the
Appraiser furnish the Agency certain services with respect to such property,
including an appraisal of each parcel comprising part of such property, and
the Appraiser represents that he is fully qualified to perform such services
and will furnish such services personally.
NOW THEREFORE the Agency and the Appraiser, for the considerations and under
the conditions hereinafter set forth, do agree as follows:
ARTICLE 1 . Property to Be Appraised. Descriptions of the real property and
the estate or interest therein to be appraised, including identification of
any interest in the real property to be specifically excluded from appraisal ,
are set forth in Exhibit A attached hereto and hereby made a part of this
Agreement. A separate appraisal is to be furnished for each "parcel ," which
term, as used in this Agreement, means any tract or contiguous tracts of land
in the same ownership, whether such tract or tracts consist of one or more
mapped lots or a fractional part thereof. An easement, separate ownership
of mineral rights, or other separately held interest in two or more parcels
shall be considered to be a separate parcel for appraisal purposes and an
exception to the title to the parcels so encumbered. An easement in a parcel ,
if appurtenant to another parcel to be acquired by the Agency, shall be con-
sidered to be a part of such other parcel and an exception to the title of
the parcel encumbered. Each parcel , regardless of how described, shall be
considered to include all right, title, and interest of the owner thereof
in or to any adjacent or abutting streets, alleys, or other public rights-
of-way.
ARTICLE 2. Purpose and Basis of Valuations.
2.1 Purpose and Significance o�f _Appraisals. The appraisals to be furnished
under this Agreement are required by the Agency for its guidance in making
fair and impartial determinations of fair market value and the just compen-
sation to be offered to each property owner. The Appraiser shall be guided
by those objectives of the Agency when estimating values and when making
his investigations and studies and analyzing each property and the evidences
of its value. Appraisal reports will be reviewed carefully by the Agency.
Accordingly, the 'text of each appraisal report must cover all matters
germane to the required valuation findings and must provide a full explana-
tion of the Appraiser's reasoning and his analyses of the evidences of
value, so that a reviewer will be able to follow the Appraiser's analyses
and understand how he reached his valuation conclusions.
AGREEMENT FOR APPRAISAL SERVICES
Page 2
2.2 Appraisal Standards. In making his appraisals , the Appraiser shall be
guided by the Uniform A raisal Standards for Federal Land Ac uisitions,
issued by the Federal Interagency Land Acquisition Conference in 1971 and
revised in 1972, to the extent that the principles stated therein for
Federal acquisitions are consistent with State law.
2.3 Concept of Value. The Appraiser's opinion of the fair market value shall
be in accordance with the definition and concepts of value and the rules on
the admissibility of evidence of value under the eminent domain law of the
State.
2.4 Date of Valuation. The Appraiser's valuation shall be as of a date
concurrent with the preparation of his report.
2.5 Relocation Assistance and Payments. The Appraiser's analyses and
opinions of property value shall not reflect any consideration of or allow-
ance for the relocation assistance and payments provided under Title II of
the Act.
2.6 Influence of Project on Property Value. In forming his opinion of the
fair market value of a property, the Appraiser shall disregard any decrease
or increase in the fair market value of the real property to be acquired
prior to the date of valuation caused by the public improvement or project
for which the property is to be acquired, or by the likelihood that the
property would be acquired for such improvement or project, other than that
due to physical deterioration within the reasonable control of the owner.
In the case of a partial taking, using the before-and-after method of
valuation, the Appraiser's opinion of the value of the remaining not-to-be-
acquired portion of the property shall reflect any increase or decrease in
value attributable to the project. If the Appraiser believes that full
compliance with the foregoing provisions would be contrary to State law,
but he has not been so informed by the Agency, he shall notify the Agency
of his belief or question as to its applicability and request a ruling on
the issue. If recognition or nonrecognition or the manner of considering
changes in value caused by the project is a problem, the Appraiser's report
shall cite the ruling followed and its source and shall explain the applica-
bility and effect of the ruling on the Appraiser's opinion of value.
ARTICLE 3. Scope of Appraiser's Services. The Appraiser agrees to perform
the following services:
3.1 Appraisals. Appraise each parcel comprising part of the real property
described in Article 1 of this Agreement and prepare and deliver to the
Agency within 42 calendar days after the date of this Agreement,
appraisal reports in triplicate conforming to the provisions of this
Agreement.
3.2 Property Inspection. Personally inspect each parcel , including all
buildings, structures , improvements, fixtures, appurtenances , and other
elements of value thereon or belonging thereto. The Appraiser shall give
the owner an opportunity, by reasonable advance notice in writing or
otherwise, to accompany the Appraiser, or to have his designated represen-
tative accompany the Appraiser, during his detailed inspection of the
property. If an owner of a compensable interest in the property or a
representative of such owner does not accompany the Appraiser during such
inspection, the Appraiser shall include in his 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 registered mail not less than seven (7) days
prior to his inspection of the property. In the process of inspecting the
AGREEMENT FOR APPRAISAL SERVICES
Page 3
property, the Appraiser shall , to the extent practicable, ascertain the
rights of all parties in possession and note for consideration all factual
information and comments furnished by the owner or his representative
relevant to the appraisal . If the Appraiser's inspection or investigation
discloses a sale of a portion of a parcel by an unrecorded contract of
sale or otherwise, the Appraiser shall furnish separate reports for each
separately owned portion of the parcel . If another appraiser is also to
appraise the same property, the Appraiser may make his inspection with
such other appraiser, but must otherwise prepare his appraisal report
independently.
3.3 Valuation Data. Make such investigations , studies, and property
inspections as are appropriate to enable the Appraiser to arrive at sound
conclusions and to prepare the appraisal reports to be furnished under
this Agreement. The Appraiser shall ascertain the most recent sale of each
property appraised and any other sales of such property during the last
five (5) years preceding the appraisal and shall investigate any recent
offer or offers of the owner to sell his property. Such sale or sales
of the property appraised and all recent sales of other properties that
are sufficiently comparable to the property being appraised to be consi-
dered by the Appraiser in forming his opinion of fair market value shall
be verified insofar as practical . Each such verification shall include
inspecting the property and interviewing the seller, buyer, agent, or
other person, who participated in the transaction, to ascertain the
consideration paid, the terms and conditions of the sale, any special
factors affecting the amount of the sale price, and the actual character
and condition of the property at the time of sale.
3.4 Testimony in Judicial Proceedings. Testify as an expert witness in
behalf of the Agency in any judicial proceedings involving any property
appraised under this Agreement. Such services shall include such reasonable
time as may be required for reinspection of the property, updating the
Appraiser's valuation, participation in pretrial conferences with counsel
for the Agency, and testifying in the judicial proceeding.
3.5 Modification of Delivered Appraisal Reports. Modify or furnish
supplements to any appraisal report furnished hereunder, without additional
cost to the Agency, if (a) applicable principles of law with respect to the
valuation of the property require the modification or supplementing of such
appraisal , (b) material omissions , inaccuracies , or defects in the appraisal
report are discovered after delivery and acceptance of the report by the
Agency, or (c) the Appraiser receives or becomes aware of relevant addi-
tional appraisal information in existence prior to the date the Appraiser
signed the report. If there is a significant delay between the date of
valuation and the date of acquisition of any parcel or if the property has
been materially altered since the appraisal by a fire, a revised determina-
tion of the boundaries or the interest to be acquired, or other cause, the
Appraiser shall , if requested by the Agency, furnish the Agency a supple-
mentary report updating his valuation and the supporting data and analyses
to a current date. The compensation for such updating of an appraisal shall
be determined in accordance with Article 6 hereof.
3.6 Retention of Appraisal Records. Retain a copy of each appraisal report
and all notes and records germane to the appraisal for three (3) years after
delivering the appraisal report to the Agency or until the property is
acquired by the Agency or its proposed acquisition of the property is aban-
doned, whichever is the later.
AGREEMENT FOR APPRAISAL SERVICES
Page 4
3.7 Consultation with Agency. Advise and consult with the Agency and its
legal counsel regarding services performed and to be performed by the
Appraiser and the real property acquisition aspects of the Agency's plans
and programs as related to the properties involved in this Agreement, at
such time or times as may be mutually convenient for the parties to this
Agreement, without additional charge to the Agency. The Appraiser shall
initiate such consultations whenever he is in doubt as to whether an
element of property is real or personal property or needs legal advice on
any aspect of the appraisals to be furnished under this Agreement. There
shall be no charge by any party for such consultations.
ARTICLE 4. Contents of Appraisal Reports . The appraisal report or reports
to be furnished by the Appraiser to the Agency in accordance with this
Agreement shall contain certain information and the Appraiser's conclusions
and opinions, together with the data and analyses by which they were
derived, as set forth below. A separate report shall be submitted for each
parcel as defined in Article 1. However, if the Appraiser is to appraise
several parcels in the same general area, he may also prepare and submit a
separate overall report and date volume and use it as a data source and
reference in the separate appraisal reports on the individual parcels.
The appraisal report on each parcel shall consist of a cover sheet as
provided in Paragraph 4. 1, followed by a report furnishing the Appraiser's
opinions and conclusions and the data and analyses on which they are based.
The appraisal report on each parcel shall include the following:
4. 1 Appraisal Summary. A cover sheet headed "Appraisal Report for (name
of the Agency) ," which may be a printed form, completed to provide the
following:
a. Project name.
b. Date of the report.
c. Parcel number, address of the property, brief identification
of the interest in the property appraised, and the name of the
owner or owners.
d. Date or dates of the Appraiser's inspection of the property with
the owner, owners , or the owner's designated representative,
including the name of each owner or representative of an owner
who accompanied the Appraiser during his inspection and the
interest held in the property or representative capacity of each
such person. Identify any owners of a compensable interest in
the property who were not present or represented during the
Appraiser's inspection, including identification of the interest
in the property held by each such owner. For each unrepresented
owner, include in the narrative portion of the appraisal report
the evidence of notification required by Paragraph 3.2 of this
Agreement and any further explanation deemed appropriate.
e. The Appraiser's estimate of the fair market value of the property
and the fair market value of the same interest in the land, if
vacant.
f. Any other fact or conclusion from the Appraiser's report which
the Agency requests the Appraiser to include on the summary page.
AGREEMENT FOR APPRAISAL SERVICES
Page 5
g. The limiting conditions of the appraisal , which may include
assumptions (1) that the title is good and marketable, (2) that
no responsibility is assumed by the Appraiser for legal matters ,
especially those affecting the title to the property, (3) that
the legal description of the property and the interest therein
to be appraised, furnished to the Appraiser by the Agency, is
correct, and (4) that no survey of the property has been made.
Any other appropriate assumption or limiting condition may be
added.
h. The certifications of the Appraiser (1) that he personally made
a thorough inspection of the, property, (2) that, to the best of
his knowledge and belief, everything contained in the report is
true and no relevant and important fact has been omitted, (3)
that neither his employment nor his compensation is contingent
on the valuation reported, and (4) that he has no past, present,
or prospective interest (including that of real estate agent or
broker) in the property, the parties involved, or any other inter-
est that would conflict in any way with the services performed
or the making of an impartial report.
i . A certification that, in the Appraiser's opinion, the fair market
value of the property is a certain value amount as of the date of
valuation determined in accordance with Paragraph 2.4 of this
Agreement.
j. The signature of the Appraiser.
4.2 Ownership. The name and address of the owner of the property and the
name and the address, if known, of any other party known or believed to
hold a separate compensable interest in the property. For any party listed
as holding a separate compensable interest in the property, furnish a de-
scription of the interest when providing the property delineation in
accordance with Paragraph 4.3 hereof.
4.3 Delineation of Property. The street address of the property and an
accurate legal description of the real property and the interest therein
appraised. The property description shall identify all conditions, restric-
tions, easements, servitudes, and reservations affecting the title, but not
mortgages , special assessment levies, or other liens securing the payment
of indebtedness or claims against the owner. The property delineation shall
specifically exclude and describe any separately held interest in the real
property, which under the defintion of "parcel " in Article 1 is to be
appraised and acquired either separately or as an appurtenance of another
parcel to be acquired. The description shall also specifically exclude all
separately held interests which are not to be acquired and will not be
affected adversely by the Agency's project. If there are any separately
held interests in a parcel , which are to be acquired with other interests
in the same parcel , such as leaseholds, tenant-owned improvements , life
estates, easements, and water, gas, oil , or mineral rights, furnish a
description of each separate interest comprising part of the property
appraised and the name of its owner.
4.4 Off-Record Title Information. Information with respect to outstanding
interests or instruments affecting the title, but not of record, such as
leases, contracts of sale, and other interests or rights of parties in
possession. Such information shall be reported, and if the facts obtainable
by inquiry and inspection are sufficient, the Appraiser's report shall be
based on such additional title information and so noted in the appraisal
report. Otherwise, the Appraiser shall refer the matter to the Agency and
defer completion of the appraisal until the question is resolved.
AGREEMENT FOR APPRAISAL SERVICES
Page 6
4.5 Property Data. Description of the property, including information
pertinent to the appraisal with respect to such matters as (a) the environ-
ment and location of ,the property, (b) the zoning and any restrictive covenants.
conditions, or servitudes affecting the available use or occupancy of the land,
(c) the assessed value of the real property and the current annual real estate
tax burden, (d) the use and occupancy of the property at time of appraisal ,
(e) the public improvements, services , and utilities serving and providing
access to the property, (f) the character, topography, dimensions, and area
of the land, (g) the freedom of the property from or susceptibility to special
hazards, (h) the current rental and rental history of the property, if rented,
(i ) the estimated annual costs of ownership and for operation and maintenance
of the property, and (j) a description of the buildings, structures, fixtures ,
and other improvements, if any, appurtenant to the land, including relevant
information as to type of improvement, designed use, construction materials
and finish, equipment, dimensions, floor area, age, condition, space or room
arrangement, functional utility, and any other characteristics or attributes
of the improvements germane to the value of the real property. The appraisal
report shall contain a sketch showing the shape and dimensions of the land,
the location of the principal improvements on the land, the location of any
easements in the land, and the abutting streets, alleys, or other public
rights-of-way. The report shall also include such exterior and interior
photographs, each clearly identified, as are appropriate as part of the
description of the property.
4.6 Legal and Title Matters AffectingValue. Report of any official citations
or personal observations by the Appraiser of any condition or occupancy of the
property in violation of law and any other legal or title matters affecting
the available lawful uses or the value of the property.
4.7 Highest and Best Use. The Appraiser's opinion as to the highest and best
use for the property. The appraisal report shall also include the Appraiser's
opinions as to any variations of such use and any other uses or kinds of use
for which the property is reasonably suitable or adaptable. Any differences
between the Appraiser's estimate of highest and best use and the actual use of
the property at the time of valuation shall be explained. If the highest and
best use is self-evident and not materially different from the actual existing
use, a statement to that effect will suffice. However, if the property is
unused vacant land or the highest and best use is found to differ significantly
from the present use, the appraisal report shall contain the analyses by which
the Appraiser reached his conclusions as to the highest and best use and as to
the relative suitability or adaptability of the property for any other available
uses for which the property could reasonably be considered to be suitable or
adaptable. The analysis of a potential use shall include consideration of
relevant matters, such as the suitability of the location, the environment,
and the legal and physical attributes of the property for such use, the
estimated cost, if any, of converting the property to such use, and the supply,
sale price levels , and relative desirability of other properties that would
compete for the same kind of use. Because the Appraiser's finding as to the
highest and best use is a conclusion that the property does not have a higher
present value for any other use, the analysis of the property for the future
use or uses found to be the highest and best use is part of the process of
appraising the property and, therefore, may be included in the valuation
analysis furnished in accordance with Paragraph 4.8.
4.8 Property Valuation and Appraisal Analysis. The opinion of the Appraiser
as to the fair market value of the property. The appraisal report shall contain
a description of the reasoning process used by the Appraiser in reaching his
conclusion as to value and all data and analyses needed to explain and support
AGREEMENT FOR APPRAISAL SERVICES
Page 7
his valuation. The supporting data and analyses furnished in the appraisal
report shall include, among other things, the following:
a. An analysis of the property, as identified and described in
accordance with the preceding paragraphs of this Article 4,
From the point of view of evaluating the effect of its
characteristics and attributes on its value for the available
use or uses for which the property is best suited. Particular
attention shall be given to the characteristics of the property
most relevant to its value, such as , in the case of an invest-
ment property, the income potential and the expenses of owner-
ship, maintenance, and operation.
b. Evaluation of information with respect to previous sales of
the property appraised and any recent offers of the owner to
sell the property.
c. The data and the analyses that constitute the principal basis
for the Appraiser's opinion of the fair market value. Informa-
tion shall be furnished with respect to recent sales of other
properties which are considered by the Appraiser to be compa-
rable with, and to provide useful evidence of the value of, the
property appraised. The information furnished with respect to
each such comparable property and its sale shall include, among
any other pertinent facts , the names of the grantor and grantee,
the date of the sale, the sale price, any special terms or
conditions or circumstances of the sale that affected the trans-
action, and a description of the property and its condition at
time of sale in sufficient detail for use in comparing it with
the property appraised. The appraisal report shall contain the
Appraiser's analysis of each comparable property and its sale
in relation to the property appraised. The Appraiser's analysis
in each case shall reflect consideration of, and appropriate
allowances for, the differences in the utility, desirability,
and productivity of the properties that are pertinent to their
relative value. The appraisal report shall contain a valuation
data map showing the location of the property appraised and the
comparable properties referred to in the appraisal report.
d. All other information, analyses, and estimates considered by the
Appraiser to be relevant to the estimation of the fair market
value of the property.
e. If the property appraised is part of a larger parcel in the same
ownership or is less than the entire interest of the owner in
the property, the appraisal report shall contain the Appraiser's
opinion of just compensation for a taking of such property or
interest, using the before-and-after methods of valuation as
interpreted under State law unless it is obvious that there
would be no damages or benefits to the remaining property or
interest of the owner. However, if the part or interest to be
taken is such a small part of the whole property that the
damages for the taking can be more accurately estimated
directly, that method may be used if permitted under State law,
without estimating the fair market value of the entire property
of the owner. The foregoing opinions of the Appraiser shall be
supported in his report by the data and analyses by which he
reached his conclusions. The appraisal report shall also contain,
AGREEMENT FOR APPRAISAL SERVICES
Page 8
for information purposes only (unless required by State law) ,
the Appraiser's estimates of the fair market value of the
to-be-acquired part or interest as part of the whole property
and the net damages or benefits to the remaining property of
the owner. If in the opinion of the Appraiser, acquisition of
the part of, or interest in, the property proposed for acquisi-
tion would leave the owner with an uneconomic remnant, the
Appraiser shall furnish a separate estimate of the fair market
value of the entire property and interests of the owner unless
informed by the Agency that it does not have authority legally
to acquire the remnant. A remainder parcel or interest shall
be considered to be an uneconomic remnant if by itself it is
not capable of being used economically.
f. Such maps , plans, photographs, or other exhibits, as necessary,
to explain or illustrate the analyses of the Appraiser.
g. The Appraiser's evaluation of the indications of value deduced
from his separate analyses of the various evidences of value
and an explanation of how he reached his final conclusion as
to the fair market value of the property.
4.9 Land Value. The opinion of the Appraiser as to the fair market value
of the land, if vacant. The valuation shall be for the same interest in
the land as is to be acquired in the real property. The report shall con-
tain information with respect to the available use or uses for which the
land would be suitable if vacant, the opinion of the Appraiser as to its
highest and best use, and the Appraiser's analysis of the evidences of
value and of the use potential by which he reached his conclusions as to
the highest and best use and the land value.
4.10 Additional Findings in Certain Cases. Additional conclusions, if
applicable, as follows:
a. Parcels Comprised of Independently Marketable Properties. If
the parcel is marketable as two or more separate properties ,
the appraisal report shall , in addition to furnishing the
Appraiser's opinion of the fair market value of the entire
parcel , identify each separately marketable property by street
address and the actual or an assumed suitable legal descrip-
tion and provide a separate estimate of the fair market value
of each such separately marketable property as an independent
property. The appraisal report on the entire parcel in such
a case may be presented as separate reports, one for each
separately marketable property, with an overall report on all
such properties considered as a single property. Any difference
between the sum of the Appraiser's opinions of the fair market
value of the separately marketable properties and his opinion
of the fair market value of the entire parcel shall be
explained.
b. Separately Held Interests. If there are separately held inter-
ests in the real property to be acquired, such as easements,
leaseholds, air rights, life estates , and oil , gas , or mineral
rights , and the division of ownership is not of such character
as to destroy the practical unity of the property, the Appraiser
shall apportion his estimate of the fair market value of the
property (all intersts therein to be acquired) to each separately
held interest.
1
AGREEMENT FOR APPRAISAL SERVICES
Page 9
ARTICLE 5. Services To Be Provided by Agency. The Agency agrees to furnish
the Appraiser the following:
5. 1 Parcel Map. A map, based on official records, of the property described
in Article 1 hereof, showing the boundaries and dimensions of the parcels to
be appraised. Each parcel shall be designated by a number, and the parcel
numbers shown on the Appraiser's reports shall correspond to the parcel
numbers shown on the map, except that additional parcel numbers may be assigned
by the Appraiser for easements appraised separately or for additional parcels
revealed while making the appraisals.
5.2 Ownership Data. An ownership data report for each parcel , which report
will show all estates and interests in the parcel as shown of record and
consequently shall not be assumed to define the interest to be appraised or
any separation of interests for appraisal purposes required by the definition
of "parcel " in Article 1 hereof. The ownership data report on each parcel
as shown on the parcel map shall include:
a. The name (and, if known or shown of record, the address) of the
ostensible owner as it appears of record;
b. The legal description of the parcel as shown by the conveyance
or conveyances or other instrument by which the record owner
acquired title;
c. Identification of the conveyance or conveyances, or other
instrument by which the present owner acquired title, including:
the date thereof; the date, book and page numbers, and place of
recordation; the name (and, if known or shown of record, the
address) of the grantor of such conveyance; the stated considera-
tion; the amount of any mortgages or encumbrances placed of record
or to which title was subject at time of conveyance (so far as
determinable from an examination of such conveyance) ; and the
amount of any State or local transfer taxes, based on the amount
of the consideration, paid in connection with the transfer of
title;
d. Outstanding estates and other rights or interests of record,
including easements, use restrictions, mineral rights, leases , and
any known,but unrecorded, interests of other parties. Sufficient
information shall be furnished to disclose the probable effect
of such outstanding interests on the title of the record owner;
e. Outstanding special assessments, if any, for public improvements
such as streets , sidewalks , public utilities, and similar public
facilities;
f. The amount of real estate taxes for the current year and the
assessed valuation stated separately for land and for improve-
ments.
5.3 Legal Advice. Advice, upon request of the Appraiser, on legal matters
affecting the appraisal of any property to be appraised.
ARTICLE 6. Payment. In consideration of the undertakings and agreements on
the part of the Appraiser contained in this Agreement. The Agency agrees to
make payments to the Appraiser upon completion by the Appraiser of services
to be provided hereunder and the submission to the Agency of properly
certified invoices therefor, as follows :
AGREEMENT FOR APPRAISAL SERVICES
Page 10
6.1 For appraisal services and reports furnished by the Appraiser in accor-
dance with Paragraph 3.1 hereof and accepted by the Agency, and for all other
services furnished in accordance with Article 3 hereof, except services fur-
nished in connection with judicial proceedings as provided in Paragraph 3.4
hereof, the updating of appraisals as provided in Paragraph 3.5 hereof, and
services furnished in connection with reservations or rights in owners as
provided in Paragraph 3.6 hereof, an amount not to exceed a lump sum of
Seven Thousand Four Hundred Dollars ($7,400.00). 1yx xUlex��a�0AA Let-
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.P"xMX1V, which shall constitute I"A
full pa,vment to the Appraiser for all of said services and for all supplies, , .
materials, and equipment used or furnished by the Appraiser and all expenses
incurred by the Appraiser in or in connection with the performance of said
services.
6.2 For services furnished by the Appraiser in connection with judicial �j,,lIY
proceedings as provided in Paragraph 3.4 hereof, (except services as an �bvfj
expert witness in such a proceeding) , for the updating of appraisals as J 1
provided in Paragraph 3.5 hereof, xAAxU)rx:sxxvAx)mx)fxxMsim)dx mxtm=W)o)p i �` �fp
w�i�laxx�x��r�x�K�aaxx�s�cac�i�ia�asxxaox.�waa�xxxaa�sxpx�w>dxtm�x�aaoxlE'�caa�g��,p�cx�c�x�^aea�K r
Thirty Dollars ($30.00) per hour or fraction thereof
actually engaged in performing t e services, including travel time. Any
and all expenses of the Appraiser, including travel expense and subsistence,
shall be borne by the Appraiser.
6.3 For services as an expert witness for the Agency in judicial proceed-
ings as provided in Paragraph 3.4 hereof, with respect to any property
appraised by the Appraiser pursuant to this Agreement, the Appraiser and
the Agency hereby agree that the fair and reasonable compensation for the
Appraiser's services shall be Three Hundred Dollars ($300.00)
for each day's attendance in court.
ARTICLE 7. Re resentations and Agreements of Appraiser. As an inducement
to the execution of this greement y t e Agency and in consideration of
the agreements to be performed by the Agency, the Appraiser represents and
agrees that:
7.1 Qualifications. The Appraiser is qualified to perform the services to
be furnished under this Agreement and is duly authorized or permitted by or
under law to perform such services, and all personnel engaged in the work
shall be qualified and so authorized or permitted to do the work they per-
form. Attached hereto as Exhibit B, and hereby made a part of this Agree
ment, is a statement by the Appraiser, certified by him to be true and
correct, setting forth his technical qualifications, general appraisal
experience, specific experience in appraising properties of the type involved
in this Agreement, the courts in which he has testified as an expert witness,
and other information pertinent to establishing his technical qualifications.
7.2 Solicitation or Procurement of Agreement. The Appraiser has not em-
ployed any person to solicit or procure this Agreement and has not made,
and will not make, any payment or any agreement for the payment of any
commission, percentage, brokerage, contingent fee, or other compensation
in connection with the procurement of this Agreement.
7.3 Interest of Appraiser and Appraiser's Employees. The Appraiser does
not have any interest (including that of real estate agent or broker) ,
direct or indirect, present or prospective, in any property described
in Article 1 hereof or in the sale thereof, or any other interest, whether
or not in connection with said property, which would conflict in any manner
or degree with the performance of the services and the submission of im-
partial reports, and has not employed and will not employ, in connection
with said property, which would conflict in any manner or degree with the
AGREEMENT FOR APPRAISAL SERVICES
Page 11
performance of the services and the submission of impartial reports, and
has not employed and will not employ, in connection with the services to
be furnished hereunder, any person having any such interest, and until such
property is acquired by the Agency or excluded from its project or projects
by resolution of its governing body, the Appraiser and any employees of the
Appraiser, so long as they are employed by the Appraiser, will not acquire
any such interests and will not, for their own account or for other than
the Agency, negotiate for any of said property, perform services in connec-
tion with said property, or testify voluntarily as a witness in a condemna-
tion or other proceeding with respect to such property.
7.4 Services to Be Confidential . All services , including reports, opinions,
and information, to be furnished under this Agreement are confidential and
shall not be divulged, in whole or in part, to any person, other than to duly
authorized representatives of the Agency, without prior written approval of
the Agency, except by testimony under oath in a judicial proceeding or as
otherwise required by law. The Appraiser shall take all necessary steps to
ensure that no member of his staff or organization divulges any information
concerning such appraisals or services except as provided above.
7.5 Facilities and Personnel . The Appraiser has and will continue to have
proper facilities and personnel to perform the services and work agreed to
be performed hereunder. If the Appraiser proposes to employ any person or
persons to make any appraisals of machinery and equipment or other special-
ized elements or attributes of a property appraised under this Agreement,
the employment of such person or persons for such purpose shall not place
the Agency under any obligation to such employee, nor relieve the Appraiser
of full responsibility for the faithful performance of the services to be
furnished hereunder.
7.6 Equal Employment Opportunity. During the performance of this Agreement:
a. The Appraiser will not discriminate against any employee or
applicant for employment because of race, color, religion, sex
or national origin. The Appraiser will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion , sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensa-
tion; and selection for training, including apprenticeship. The
Appraiser agrees to post in conspicuous places, available to em-
ployees and applicants for employment, notices to be provided
by the Agency setting forth the provisions of this nondiscrimina-
tion clause.
b. The Appraiser will , in all solicitations or advertisements for
employees placed by or on behalf of the Appraiser, state that
all qualified applicants will receive consideration for employ-
ment without regard to race, color, religion, sex, or national
origin.
7.7 Assignment. The Appraiser's rights, obligations , and duties under
this Agreement shall not be assigned in whole or in part, but this shall
not prohibit the assignment of the proceeds due or to become due hereunder
to a bank or financial institution. This Agreement may be assigned by the
Agency or any corporation, agency, or instrumentality having authority to
accept the assignment.
AGREEMENT FOR APPRAISAL SERVICES
Page 12
7.8 Subcontractinq. None of the work or services covered by this Agreement
shall be subcontracted without the prior approval of the Agency.
7.9 Records. The Appraiser will maintain records of all details with
respect to the services to be performed hereunder, including one complete
copy of each report, For three (3) years after delivering such report, or
until the property covered by the report is acquired, or its acquisition
is abandoned, by the Agency, whichever is later.
7. 10 Affidavits of Compliance. The Appraiser will , if requested by the
Agency, furnish-the Agency affidavits certifying as to compliance with
any or all of the provisions of this Article 7.
ARTICLE 8. Changes. The Agency, at any time by written notice to the
Appraiser may modify the scope or quantity of the services to be furnished
under this Agreement. If such changes cause an increase of decrease in the
amount of services to be provided by the Appraiser or in the time required
for their performance, equitable adjustment shall be made -in the provisions
of this Agreement for payments to the Appraiser or for the time for performance
of the services or for both, and this Agreement shall be modified by agree-
ment of the parties accordingly.
ARTICLE 9. T_ermination of Agreement for Cause. If, through any cause, the
Appraiser shall fail to fulfill in a timely and proper manner his obligations
under this Agreement, or if the Appraiser shall violate any of the covenants
or agreements thereof, the Agency may upon written notice to the Appraiser
terminate the right of the Appraiser to proceed under this Agreement or
with such part or parts thereof as to which there has been default, and may
hold the Appraiser liable for any damages caused to the Agency by reason of
such default and termination. . In the event of such termination, any
completed reports prepared by the Appraiser under this Agreement shall , at
the option of the Agency, become its property and the Appraiser shall be
entitled to receive equitable compensation for any work completed to the
satisfaction of the Agency. The Appraiser, however, shall not thereby be
relieved of liability to the Agency for damages sustained by the Agency by
reason of any breach of the Agreement by the Appraiser, and the Agency may
withhold any payments from the Appraiser for the purpose of setoff until
such time as the amount of damages due the Agency from the Appraiser is
determined. The Appraiser shall not be held liable for damages under this
Article solely for reasons of delay if the delay is due to causes beyond the
control and without the fault or negligence of the Appraiser, but this shall
not prevent the Agency from terminating this Agreement because of such delay.
ARTICLE 10. Interest of Members of Agency. No member of the Agency shall
participate in any decision relative to this Agreement affecting, directly
or indirectly, his personal interests. No such member and no other officer,
agent, or employee of the Agency having any responsibility or function in
connection with this Agreement shall have any private interest, direct or
indirect, in this Agreement or the proceeds thereof.
ARTICLE 11. Officials Not To Benefit. No Member of or Delegate to the
Congress of the United States of America, and no Resident Commissioner, shall
be admitted to any share or part of this Agreement or to any benefit to arise
from the same.
AGREEMENT FOR APPRAISAL SERVICES
Page l3
ARTICLE 12. Notices. Any action, notice, or quest taken, given, or made
by the Agency hereunder may be taken, given, or made by Frank 0. Marcks,
Right-of-Way Agent, or such other person or persons as the Agency may, by
written notice to the Appraiser, designate for such purpose. All notices
given or made to the Appraiser hereunder shall be deemed to be duly and
properly given or made if mailed to the address specified below, or de-
livered personally to the Appraiser. All notices or other papers given
or delivered to the Agency hereunder shall be deemed to be sufficiently
given or delivered if mailed, postage prepaid, to Frank 0. Marcks of the
City of Palm Springs, P. 0. Box 1786, Palm Springs, California 92262, or
to such other representative or address as the Agency may designate to
the Appraiser in writing.
California, this 7 ��`
DATED at Palm Springs, day of 197�.
COMMUNITY REDEVELOPMENT AGENCY
ATTEST: CITY..-OF, PALM SFPINGS CALi,FORNIA
r r i
ecretary Chairman
REVIEWED & APPROVED
APPR", R:
APPROVED BY CRA RES. NO. � Rowland F. Sweet
73-535 Pinyon Street,
� - Palm Desert, CA. 92260
REQUEST FOR APPRAISAL QUOTATION Dec. 9, 1977 CRA b 2
The City of Palm Springs desires to obtain appraisals on parcels of ltuid
within the Downtown Redevelopment Area. The parcels vary in size, loca-
tion, type of existing improvements and whether there is to be a whole
or partial taking.
Parcel A is 154 feet by 145.25 feet, with the larger distance
Frontage along North Indian Avenue and the other along Amado
Road. A portion of Parcel A is to be acquired for a municipal
parking facility (along with other parcels) , the balance of the
parcel will be sold as a smaller developable site.
Parcel B is 100 feet by 145.25 feet, the 100 foot dimension fronts
JUD-Norte Indian Avenue, where the Greyhound Bus Depot is presently
located. This parcel will also include the acquisition and sever-
ance of the rear 20 feet by 50 Feet of the 342 North Palm Canyon
Drive hotel property to the west of the Greyhound parcel . This
property and severance will be acquired in conjunction with the
proposed municipal parking facility and public walkway.
Parcel C is 100 feet by 145.25 feet, the 100 foot dimension -fronts
North Indian Avenue, where the Dollar Rent-A-Car is presently
located. This property is also to be acquired for part of the
municipal parking lot.
Parcel D is 75 feet by 165 feet fronting North Indian Avenue.
Included in this parcel is a 20 foot deep by 25 foot wide
structural severance of a storage building attached to the main
building. This property will be acquired for the parking lot
and walkway project.
Parcel E is to be a 25 foot deep by 54 foot wide acquisition at
the rear of a parcel fronting 300 North Palm Canyon Drive. This
property will be used in conjunction with part of Parcel A to
form a new developable parcel in compliance with t eF—redevelop-
ment plans for this block.
Parcel F is to be a 25 foot deep by 100 foot wide acquisition at
the rear of a larger parcel fronting North Palm Canyon Drive.
This property will also be used as part of the new developable parcel
created by acquisition of Parcels A and E.
Parcel G is a 25 foot deep by 50 foot wide acquisition, and re-
moval of a two-story structure encompassing this space, at the
rear of a large parcel fronting North Palm Canyon Drive,. This
property with structure removed will be added to the property to
the east to become a parking lot.
Parcel 1-1 is a 50 foot wide by 95 foot deep vacant parcel , including
an 8 foot wide by 52 foot deep driveway access from North Palm
Canyon Drive. This acquisition will be used for a small parking
lot, but primarily as a larger driveway and pedestrian entrance
into the proposed municipal parking lot.
Parcel I is a 12 foot wide by 52. 16 foot deep parcel adjacent to
the Cork 'N Bottle Liquor Store at 342 North Palm Canyon Drive.
This site is principally covered by a 12 foot by 22 foot structure
attached to the main liquor store building and will require sever-
ance and demolition of the smaller structure. This acquisition
will be used in conjunction with Parcel H for a pedestrian and
vehicle entrance to the proposed municipal parking lot and walkway.
EXHIBIT A
Page 2
i
Proposals for the preparation of the appraisal reports on the above-described
parcels will be received by this office until Friday, December 21 , 1977, at
5:00 p.m.
Please indicate in your proposal the number of days you wil'1 need to prepare
the reports. There may be instances where court appearances and/or testi-
mony might be required. Please include your fee schedule for this service.
If we can answer any questions or be of any help in this matter, please do
not hesitate to contact me at 323-8163 or the Redevelopment Agency at
323-8259.
Very truly yours,
41
�-vlA A31
FRANK 0: MARCKS
Right-of-Way Agent
EXHIBIT A
CRA b 3