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Home My WebLink AboutC2005-119 - 3/4/2005 - NA Department of Engineering Property & Land Acquisition Division Real Estate Appraisal Contract 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 ,,~erican A~praissr~, Inc., ("Appraiser") of 3230 Reid Dr., Corpus Chdsti, Texas 78404 for the preparation of a Real Estate Appraisal for fee simple and easement rights in connection with a lift station site associated ~ith the Cimarron/Yorktown Wastewater Lift Station Project (#7285). NOW THEREFORE, the City and the Appraiser agrees as follows: The Appraiser agrees to the following: (1) Prepare an complete appraisal report in summary report format containing fair market values for a Utility Easement, Temporary Construction Easement, and fee simple dghts for a New Lift Station Site as shown on the attached Exhibit A. The appraiser is to determine itemized market values for each of these dghts for purposes of acquisition by the City of Corpus Christi. The City reserves the dght to amend size and legal description of each of the tracts, if necessary, for an additional fee. In developing and reporting the appraisal, the appraiser must abide by the most current edition of the Uniform Standards of Professional Appraisal Practice (USPAP). The report must show all applicable approaches to value and state any departures taken. (2) Submit three (3) separately bound copies of the appraisal repod to the City of Corpus Chdsti with your invoice. (3) The Appraiser will complete this appraisal assiqnment and submit to the City within 21 days from receipt cfa Notice to Proceed. (4) The Appraiser agrees to share information on comparable sales in the area in a cooperative manner with other appraisers 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) pdor to completion and shall submitall 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) assistance in providing information on subject property. The Appraiser will vedfy that the owner(s) or owner(s)' desiqnated representative has been Qiven an opportunity, by reasonable advance notice in wdtJnq or otherwise, to accompany the Appraiser dudnq 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 ....... ; ......... ,d for appraisal services, whether contained in or within the appraisal report 2005-! 19 as confidential and a breach of such confidence by the Appraiser, except 03/04/05 :ity Manager or upon proper order of the Court, is a matedal breach of this Smith, I11, Sidney H. 1 contract. (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 property 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. AcquisiUon will not include mineral rights. (9) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the w~rk. (10) The Appraiser agrees to hold the City of Corpus Chdsti 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 properlJes 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: (1) (2) (3) Furnish copies of any available survey data for the parcel. 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 ~1,500 for the total assignment with payment to be made upon completion of the total assignment and correction of any errors. D. Termination: The City Manager reserves the right 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, ti-ansfer or delegate any of Appraiser's obliga§ons 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. this contract Appraiser Proposal Letter:. The appraiser's proposal letter, stamped as Exhibit B, is attached hereto and made a part of G. Fee: The "CI'FYTM agrees to pay the appraiser for services provided in accordance with Exhibit B, under this AGREEMENT, a total fee not to exceed ~;1~500, (One Thousand Five Hundred and no/cents). CITY OF CORPUS CHRISTI: Ronald F. Massoy, Assistant City Mgr. (Date) APPROVED AS TO FORM: (Date) ,~.Legal Dep (Date) Operating Department (Date) Funding Source: Wastewater CIP 550701-4500q30000-200450 APPRAISER: Sidney H. Smith, III, MAI, President (Date) 3230 Reid Ddve Corpus Christi, TX 78404 Phone No. 855-8258 H:\HOMEUSEBiOG\GEN~Appra~ser Proposals & Conl]~cts\Smilh~:mt~actsmilh.dmarron.y~3rklow~ LS.doc NOTES: I. SET~'$TEEL ROD AT ALL CORNERS UNLESS OTHEt~IISE SHOWN. £.NO EASEMENT RESEARCH HAS BEEN PERFORMED BY COYM. RERMET & OUTIERREZ 3. ACCOMPA.~fflNG FIELDNOTES PREPARED. 4. BEARING MATCH THOSE SHOWN ON THE PLAT OF LOT 3, POC. kk2, 975982 O,R,N,C,T, '" ~-- EXIST. I ~/ FENCE ~,0~ ~'~ ARFAS DESCRIPTION SQ. FT. A~RES NEW UFT STATION SITE 5~0 0J26 LIFT STATK)N 51TE AREA 32~40 O~SB IN EXISTING EASEMENTS LIFT STATION SITE AREA IZ~50 0~38 ou'rSl[~ EXISTING EASEMENTS NEW UTILITY EASEMENT 2.496 0Z257 ~.0'~ ~'~ TEMPOt~ CONSTRUCTION 8250 0J89 EASEMENT 27' YJ~. ClMARRON BLVD. '1,~ ~~/~///_ , K~//////~ U~ ~L' ~ ~ S2~02'5~ ~ E~T COR. LOT ~,B~.I (80' R.O.W.) ~' LIFT ST~ JOB · 9570C S UR VEY PLA T SCALE: 1' = 60' SHOWING A 1 I0' x 50' LIFT STATION SFrE, A 48' x 52' UTILITY EASEMENT AND A TEMPOEAR¥ CONSTRUCTION EASEMEN'r, ALL OUT OF LOT 3, · ~--~3_U R~ ~,_.~ Coym~ Rehmet ~ Gutierrez ~?~~ Engineering, Inc, 5656 South Staples, Suite 230 Coq~s Christi, Texas 78411 Phone (36l)99F85§0 Fox 993-7569 emoll crgengOinterconnect.net DATE: REGISTERED )=ROFESSIONAL LA~ID 5Ut~EYOR ...\CADD JOBS\9000\9570C\LS-SP.dgn 11/16r2004 02:59:10 PM EXHIBIT a Feb Ol 05 04:38p Amer/~n A pprd~.~, hmo 3~18530403 Sidney H. Smith H~, PrcMdcm p.1 To: Mr. Eusebio (Sonny) Garza [ri Manager Prop. Acq. City of Corpus Christi 'P. O. Box 9277 Corpus Christi, Texas 78469-9277 Prol~rty Type: Report Type: Report Delivered By: Fcc Quote: Copies Delivered: BID PROPOSAL From Sidney H. Smith, 111, MA1 President American Appraisers, Inc. 3230 Reid Drive Corpus Christi. Tx 78404 Grace Presbyterian Church, Yorktown Boulevard and Cimarron Street Lift Station Site Utility Ea,~cmcnt Temporary Construction Easemeut Vacant land Consuladon 21 Days from Authorization $1,500.00 Three AGREED TO AND ACCEPTED THIS DATE: Eusebio (Sonny) GatT. a, III Mamtgcr Property and Land Acquisition City of Corpus Christi February 1, 2005 Sidney H. Smith Ill, MAI President American Appraimrs, Inc. EXHIBIT B ~u:Uh Appr. d.~d I~ulld~ ~r 3230 I~cld l)r, ~' Curpu$ Chrl,~l, 'l'cxal 71904