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HomeMy WebLinkAboutC2005-106 - 1/27/2005 - NA Department of Engineering Property & Land Acquisition Division Real Estate Appraisal Contract Coq~us Chdst~ Inl~matfonal AJrpod Leases THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This agreement is between the City of Christi, Texas, a Texas home-rule municipal corporation ("City"), P. O. Box 9277, Corpus Chdsti, Texas 78469-9277 acting through its duly authorized City Manager or designee and Sidney H. Smith, III dba American Appraisers, Inc., ("Appraiser") of 3230 Reid Dr., Corpus Chdsti, Texas 78404 for the preparation of a Consultation Report to determine market lease rates for two properties at the Corpus Chdsti Intemational Airport. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser agrees to the following: ('1) Prepare one consultation report containing the market lease rates for two buildings at the Corpus Chdsti International Airport described as: a. Lanmon Building b. Air Logistics Building In developing and reporting the appraisal, the appraiser must abide by the most current edition of the Uniform Standards of Professional Appraisal Practica (USPAP). The report must show all applicable approaches to value and state any departures taken. (2) Submit three (3) separately bound copies of the consultation report to the City of Corpus Christi with your invoice. (3) The Appraiser will complete this appraisal assiqnment and submit to the Cit,/on January 28, 2005. (4) The Appraiser agrees to share information on comparable sales in the area in a cooperative manner with other appreiser's appraising in the area for the City. (5) The Appraiser agrees to meet with the City Property and Land Acquisition Division Manager to discuss the appraisal(s) prior to completion and shall submit all reports to Property and Land Acquisition Division, P. O. Box 9277, (City Hall - 1201 Leopard Street), Corpus Chdsti, Texas 78469-9277 upon completion. (6) The Appraiser agrees that Appraiser will make a personal inspection of the subject property to be appraised and discuss with the owner or owners, where possible, in order to get his (her) (their) assistanca in providing information on subject property. The Appraiser will vedfythat the owner(s) or owner(s)' desiqnated representative has been qivan an opportunity, bv reasonable advance notice in wdtJnq or otherwise, to accompanv the Appraiser dudncl Appraiser's inspection of each property and note whether or not the owner did so in each appraisal cover letter. It is further agreed that appraisal information concaming the property assigned for appraisal services, whether contained in or within the appraisal report to the City or not, is to be treated as confidential and a breach of such confidenca by the Appraiser, excapt 2005-] 06 ':ity Manager or upon proper order of the Court, is a matedal breach of this 01/27/05 S~;]ith, III, Sidney H. (7) The Appraiser agrees, upon the City Manager's request, to make preparations for Court testimony and appear in Court to testify, in support of Appraiser's appraisal, for a fee of $150 per hour. (8) If there are separately held interests in any parcel of real properly to be acquired (such as easements, leaseholds, tenant-owned improvements, agricultural crops, life estates, etc.) the appraisal must include an apportionment of the total just compensation to each separately held interest to be acquired. Acquisition will not Include mineral rights. (9) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. (10) The Appraiser agrees to hold the City of Corpus ChdstJ harmless from any claims and liability due to activities of Appraiser's self, Appraiser's agents, or employees. (11) In the appraisal report, the Appraiser will include the Appraiser's technical qualifications, general appraisal experience, specific experience in appraising proper'des of the type involved in this project, the courts in which Appraiser has testified as an expert witness and any other information relating to professional qualifications. (12) In agreeing to the terms of this contract, the Appraiser hereby certifies that Appraiser does not have any interest (including that of real estate broker or agent), direct or indirect, present or prospective, in any parcel(s) described in this agreement or any other interest, whether or not in connection with said parcel(s), which would conflict in any manner or degree with the performance of the services and 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 parcel(s) is (are) acquired by the City or excluded from its project, the Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interest and will not, for their own account or for other than the City, negotiate for any of said parcel(s), perform services in connection with said parcel(s), or testify voluntarily as a witness in a condemnation or other proceeding with respect to such parcel(s). B. The City agrees to provide the following to the Appraiser (2) (3) Fumish copies of any available survey data for the pamel. Furnish copies of any available title reports for the parcel. Provide information on comparables, if any, available to the City. C. Payment: In consideration of work to be performed by the Appraiser as discussed in Section A, subsections 1-12 herein, the City agrees to pay Appraiser the sum of $1,800.00 for the total assignment with payment to be made upon completion ofthe total assignment and co~'ectJon of any errors. D. Termination: The City Manager reserves the dght to terminate this contract with cause at anytime. Termination may include the entire contract or may include only selected parcels that the City desires to delete. In either case, the City agrees to pay Appraiser only for the work completed at the time of termination. E. Assignability: The Appraiser shall not assign, transfer or delegate any of Appraiser's obligalJons or duties of this contract to any other person without pdor wdtten consent of the City Manager except for routine duties delegated to personnel of the Appraiser's staff. 2 this contract Appraiser Proposal Letter:. The appraiser's proposal letter, stamped as Exhibit A, is attached hereto and made a part of G. Fee: The "CITY" agrees to pay the appraiser for services provided in accordance ~th Exhibit A, under this AGREEMENT, a total fee not to exceed $1,800.00, (One thousand eiclht hundred and no/cents). CITY OF CORPUS CHRISTI: Ronald F. Massey, Assistant City Mgr. (Date) APPRAISER: By: Sidney H. Smith, III, MAI, President (Date) APPROVED AS TO FORM: Di~ib~or of Eng. Services (Date) Legal Del~lrtment O (Date) Operating Department (Date) Funding Source: 3230 Reid Ddve Corpus Chdsti, TX 78404 Phone No. 855-8258 H:~HOME~EUSEBIOG\GENV~op~Iser Proposals & Conb'ac~Smi~h~:o~i~'acLsmlth.CClA,doc 3 J~n le 05 3618530403 Sidney H. Smith 111, MAI Pr~ldent p.1 BID PROPOSAL To: Mr. Euscbio (Sonny) Garza 10 From: Manager Prop_ Acq. City of Corpus Christi P. O. Box 9277 Corpus Ciu'~sti, Te×as 78469-9277 Sidncy H. Smith, Ill, MAI Presidcn[ American Appraisers, lnc, 3230 Reid Drive Corpus Christi, Tx 78404 RE: Determine Market Lease Rates for Two Properties situated withiu Corpus Christi International Airport Property Type: Report Type: Report Delivered By: Fee Quote: Copies Delivered: Industrial Consultation 15 Days from Authorization $1,800,00 ($900 per property) Three AGREED TO AND ACCEPTED THIS DATE: January 12, 2005 Sidney H. Smith HI, MAI Prcsident Punerican Appraiserg, Inc. EXHIBIT A ~ ADI~'aL~I Iguikli~.. *r 3230 Reid I)r, a- Corp~ Clu%li, Texas 7M04 * 361/~.~.g-~258 w FAX J61/iJ.q:}-~4o3