HomeMy WebLinkAbout08951RESOLUTION NO. 8951
A RESOLUTION AWARDING A CONTRACT FOR APPRAISAL SERVICES BETWEEN
PUEBLO, A MUNICIPAL CORPORATION, AND JOSEPH L. HASTINGS, MAI, A
PROFESSIONAL APPRAISER, RELATING TO THE EL PUEBLO PROJECT, AUTHORIZING
THE PRESIDENT OF COUNCIL TO EXECUTE SAME
that:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO,
SECTION 1
An agreement dated March 27, 2000, between the City of Pueblo, a Municipal
Corporation, and Joseph L. Hastings, MAI, of which a copy is attached hereto and onfile at the
office of the City Clerk, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2_
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the Seal of the City thereto and attest same.
SECTION 3
Funds not to exceed $5,000.00 for said professional services shall be paid from account
No. 250 - 9540 - 600.80 -50 -C D9601.
SECTION 4
This resolution shall become effective upon final passage.
INTRODUCED March 27, 2000
BY G rule
o cilperson
APPROVED: �� �`(/
resident of City Council
ATTEST: L_ Q ' ;�'
City Clerk
s
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AGREEMENT FOR APPRAISAL SERVICES (ACQUISITION)
THIS AGREEMENT entered into this 27th day of March M 2000 by and between
of the City of Pueblo . State
of Colorado , hereinafter referred to as the "Agency," and Joseph L. Hasti ngs ,
hereinafter referred to as the "Appraiser."
WITNESSETH THAT:
WHEREAS, the Agency proposes to acquire certain real property and desires that the Appraiser
furnish the Agency certain services with respect to such property, including an appraisal of each parcel of the
property, and the Appraiser represents that he or she is fully qualified to perform such services and will
furnish such services personally; and
WHEREAS the services to be provided under this Agreement are necessary to achieve the purposes
of acquisition and the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (URA).
NOW, THEREFORE, the Agency and the Appraiser, for the consideration and under the conditions
hereinafter set forth, do agree as follows:
ARTICLE 1. Property To Be Appraised A description of the real property to be appraised, including an
identification of any interests in the -real property to be specifically excluded from appraisal, are set forth in
the attached Exhibit A. A separate appraisal is to be furnished for each "parcel." (The term "parcel" means
any tract or contiguous tracts of land in the same ownership, whether any such tract consists of one or more
platted lots or a fractional part of a lot. An easement 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 that is appurtenant to another parcel to be acquired by the Agency
shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered.)
Each parcel shall be considered to include all right, title, and interest of the owner in or to any adjacent or
abutting streets, alleys, or other public rights of way.
ARTICLE 2. Purpose and Basis of Valuations
(a) Purpose and Significance of 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 compensation to be offered to each property owner. The Appraiser shall be guided by those objectives
when estimating values. 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 explanation 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.
(b) Appraisal Standards The appraisals under this agreement shall be based on nationally recognized
appraisal standards and techniques to the extent that such principles are consistent with the concepts of value
and the rules on the admissibility of evidence of value under the eminent domain law of the State. Factors
relating to race, color, religion, sex or national origin, or to racial, religious or ethnic identification of
neighborhoods are not relevant to the estimation of value and shall not be considered in connection with
appraisals of residential real property.
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(c) Date of Valuation The Appraiser's valuation shall be as of a date concurrent with the prepara-
tion of the report unless the Agency has specified some other date of valuation.
(d) Relocation Assistance The Appraiser's analyses and opinions of property value shall not reflect
any allowance for the relocation payments and other assistance provided under the URA.
(e)' Influence of Project on Property Value In forming opinion(s), 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 project for which the property is to be acquired, or by the likelihood that the property would
be acquired for such project, other than that due to physical deterioration within the reasonable control of
the owner. (In the case of a partial acquisition, 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 determination of 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 effect of the ruling on his opinion of value.
ARTICLE 3. Scope of Appraiser's Services The Appraiser agrees to perform the following services:
(a) Appraise each parcel and prepare and deliver to the Agency, within 30 calendar days after
the date of this agreement, three copies of the appraisal report(s) conforming to the provisions of this
agreement. The Appraiser shall personally inspect each parcel, including all buildings, structures, fixtures, and
other improvements to the property. The Appraiser shall give the owner or his designated representative an
opportunity to accompany the Appraiser during his detailed inspection of the property. If the owner of a
compensable interest in the property or a representative of such owner does not accompany the Appraiser
during the inspection, the Appraiser shall include in his appraisal report a copy of his notification to the s
owner of the opportunity to accompany the Appraiser and evidence. of the owner's receipt of such notification.
In the process of inspecting the 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.
(b) Testifv as an expert witness in behalf of the Agency in any judicial proceeding 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. The compensation for such services shall
be determined in accordance with Article 6.
(c) Modify or furnish supplements to any appraisal report furnished under this agreement, without
additional cost to the Agency, if (1) applicable principles of law with respect to the valuation of the property
require the modification or supplementing of such appraisal, (2) material omissions, inaccuracies, or defects
in the appraisal report are discovered after delivery and acceptance of the report by the Agency, or (3) the
Appraiser receives or becomes aware of relevant additional 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
determination of the boundaries of the property to be acquired, or other cause, the Appraiser shall, if
requested by the Agency, furnish the Agency a supplementary report updating this 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.
(d) Estimate the value of any right or interest proposed to be reserved by the owner in a property
appraised by the Appraiser, such as an easement for access to other property of the owner, the right to
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continue occupancy for an extended period after the Agency acquires the property, or the right to remove any
building, structure, fixture, or other improvement. The compensation to be paid to the Appraiser for
furnishing any such valuation shall be determined in accordance with Article 6.
(e) Consult with the Agency and its legal counsel regarding services to be performed by the
Appraiser, at such time(s) as may be mutually convenient for the parties to this agreement. The Appraiser
shall initiate such consultations whenever the Appraiser 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 Each appraisal report to be furnished by the Appraiser under
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. However, if more than one parcel is to be appraised, all general data may be included in a
separate data volume that is referenced in the separate appraisal reports on the individual parcels. The
appraisal report on each parcel shall include the following:
(a) A summary headed "Appraisal Report for each individual ro erty "
that provides the following:
(1) Project name and number.
(2) Date of the report.
(3) Parcel number, address of the property, brief identification of all interests in the property
appraised, and the name of the owner(s) including any tenant - owners.
(4) Date(s) of the Appraiser's inspection of the property with the owner or the owner's
designated representative. Include the name of each owner or representative of an owner
who accompanied the Appraiser during the inspection and the interest held in the property
or the representative capacity of each such person.
(5) The Appraiser's estimate of the fair market value of the entire parcel and the fair market
value of the same interest in the land, as if vacant.
(6) The limiting conditions of the appraisal, which may include assumptions (i) that the title is
good and marketable, (ii) that no responsibility is assumed by the Appraiser for legal matters,
especially those affecting the title to the property, (iii) that the legal description of the
property and the interest in the property to be appraised, furnished to the Appraiser by the
Agency, is correct, and (iv) that no survey of the property has been made. Any other
appropriate assumption or limiting condition may be added if it has been specifically
approved in writing by the Agency.
(7) The certifications of the Appraiser (i) that the Appraiser personally made a thorough
inspection of the property, (ii) that, to the best of the Appraiser's knowledge and belief,
everything contained in the report is true and no relevant and important fact has been
omitted, (iii) that neither the Appraiser's employment nor compensation is contingent on the
valuation reported, and (iv) that the Appraiser has no past, present, or prospective interest
(including that of real estate agent or broker to the property, the parties involved or an
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other interest that would conflict in any way with the services performed or the making of an
impartial report.
(8) A certification that, in the Appraiser's opinion, the fair market value of the property is [an
amount to be stated] as of [the date of valuation].
(9) The signature of the Appraiser..
(b) 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.
(c) The street address and an accurate description of each parcel and all interests in the parcel..
appraised. The property description shall identify all conditions, restrictions, easements, servitudes, and
reservations affecting the title. The property description shall specifically exclude and describe any separately
held interest in the property that is to be acquired separately or as part of another parcel. 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, oii, or mineral rights, a description of each such separate interest and the name of
its owner shall be furnished.
(d) Off - record title information concerning interests or instruments that affect title, but are not of
record, such as leases, options to renew a lease, contracts of sale, and other interests or rights of parties in
possession. Such information shall be reported, and if available facts 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.
(e) Basic property data including pertinent information with respect to such matters as (1) the
environment and location of the property, (2) the zoning and any restrictive covenants, conditions, or
servitudes affecting the available use or occupancy of the land, (3) the assessed value of the real property and
the current annual real estate tax burden, (4) the use and occupancy of the property at time of appraisal,
(5) the public improvements, services, and utilities serving and providing access to the property, (6) the
character, topography, dimensions, and area of the land, (7) the freedom of the property from special hazards,
(8) the current rental and rental history of the property, if rented, (9) the estimated annual costs of ownership
and for operation and maintenance of the property, and (10) a description of the buildings, structures, and
other improvements, if any, 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 general sketch plat 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
photographs, each clearly identified, as may be appropriate.
(f) Report of any condition or occupancy of the property in violation of law that may affect the value
of the property.
(g) 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 other use(s) for which the property is reasonably suitable
or adaptable. If the property is unused vacant land or the highest and best use is not self - evident or is found
to differ significantly from the present use, the appraisal report shall contain the analyses by which the
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Appraiser reached the conclusions as to the highest and best use of the property and as to its suitability or
adaptability for any other use(s). 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. 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(h) below.
(h) 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 the conclusion as to
value and all data and analyses needed to explain and support the valuation. The supporting data and analyses
furnished in the appraisal report shall include the following:
(1) An analysis of the property, 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 investment property, the income potential and.
the expenses of ownership, maintenance, and operation.
(2) An identification of the most recent sale of each property appraised and any other sales of
such property during the last five (5) years preceding the appraisal. Such sale(s) of the
property appraised and all recent sales of comparable properties considered by the Appraiser
z�. in forming the opinion(s) of fair market value shall be verified insofar as _practical. The
information furnished with respect to each such salb shall include, among 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 transaction, and a
description of the property and its condition at time of sale in sufficient detail for use in
making the appraisal.
(3) The analyses that constitute the principal basis for the Appraiser's opinion of the fair market
value. The appraisal report shall contain the Appraiser's evaluation with respect to previous
sales of the property appraised and any recent offer of the owner to sell the property. The
appraisal report shall also contain the Appraiser's analysis of each comparable property and
its sale in relation to the property appraised. The Appraiser's analysis shall reflect
appropriate allowances for the difference in the time of the sale of the comparable properties
and the date of appraisal and 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.
(4) All other information, analyses, and estimates considered by the appraiser to be relevant to
the estimation of the fair market value of the property.
(5) 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 method 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
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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 the
report by the data and analyses by which the Appraiser reached his/her conclusions.
For information purposes, the appraisal report shall also contain 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
acquisition would leave the owner with an uneconomic remnant, the Appraiser shall furnish
a separate estimate of the fair market value of a "parcel' comprising both the parcel proposed
for acquisition and the uneconomic remnant. (A remainder parcel or interest shall be
considered to be an uneconomic remnant if by itself it has little or no utility or value to the
owner.)
(6) Such maps, plans, photographs, or other exhibits as are necessary to explain or illustrate the
analyses of the Appraiser.
(7) The Appraiser's evaluation of the indications of value deduced from the separate analyses of
the various evidences of value and an explanation of how the Appraiser reached his/her final
conclusion as to the fair market value of the property.
(i) The opinion of the Appraiser as to the fair market value of the land, as 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 contain 0 _§a o �
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 the Appraiser reached his/her conclusions as to the highest and best use of
the land and the land value.
0) A property analysis if the property is a commercial, industrial, institutional, governmental, or farm
property that involves substantial quantities and kinds of fixtures such as machinery and equipment. Any
building, structure, fixture, or other improvement, which would be real property if owned by the owner of the
land, shall be considered to be real property (even if the improvement is the property of a tenant who has the
right to remove it or the obligation to remove it at the expiration of the lease term). The property analysis
must be approved by the Agency before the appraisal is completed and, as approved by the Agency, shall be
included as an exhibit in the Appraiser's report. The property analysis shall list, identify, and classify as to
ownership and type of improvement, all items of physical property considered to be part of the real property.
The property analysis shall also identify tangible personal property located on the premises to the extent
reasonably necessary to prevent misunderstandings as to what is regarded as being real or personal property.
Buildings, structures, fixtures and other improvements, including their accessories and spare parts, shall be
identified and classified as to ownership and type of property as follows:
(1) Ownership
(i) Owner of the land.
(ii) Each tenant in occupancy.
(iii) Each non - occupant owner of any fixtures or other improvements, or personal
property on the premises.
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�
(2) 2�pe of property
(i) Building, - structure, or fixed improvement.
(ii) Building equipment, removable.
(iii) Fixtures, classified as to whether economically removable _for reuse, removable for
salvage only, or irremovable.
(iv) Personal property, identified as to types and approximate amounts, or otherwise, as
needed to prevent misunderstandings as to the classification of any item.
If any building, structure, fixture or other improvement is not to be acquired, will not be adversely affected
by the Agency's project, and will not be required by the Agency to be removed, such as a pipeline in an
easement not to be acquired, such improvement shall be identified as excluded from the appraisal.
(k) If machinery and equiiRment or other fixtures used in a trade or business, farm operation, or
institutional or governmental function constitute part of the real property, the appraisal report shall contain
a separate schedule which provides separate estimates for each such item, as prescribed below. If there is more
than one owner of such items, a separate schedule shall be furnished for each owner. The information and
conclusions to be furnished on each item are as follows:
Description of the item, including, as appropriate, the manufacturer, model and serial
K_ number, size or capacity, age and condition, and degree of obsolescence. Accessories and
spare parts, special foundations, and power wiring and process piping generally shall be listed
separately, following the listing of the item(s) to which they apply.
(2) . Estimate of the replacement cost installed of the item as listed and identified (excluding any
elements listed separately). Separately identify the basis of estimated replacement cost (new
or used).
(3) The contributive (enhancement) value of the item to _the fair market value of the real
property as a whole.
(4) Estimated fair market value of the item for removal from the property at a purchaser's
expense. Such value shall be considered to be the probable selling price if the item were
offered for sale for removal from the property at the purchaser's expense, allowing a
reasonable time to find a purchaser buying with knowledge of the uses and purposes for
which it is adaptable and capable of being used, including salvage for serviceable components
and scrap when it appears that will provide the highest value.
The schedule(s) of estimates shall be consistent with the property analysis approved by the Agency,
as provided in Paragraph 40). The Appraiser is permitted to use the services of such technical specialists as
may be needed to enable the Appraiser to provide valid estimates and sound valuations. The schedule(s) shall
be supported by an explanation of the procedures followed in gathering the necessary market information and
technical data. The principal purpose of the Appraiser's accompanying narrative, however, must be to explain
his analyses and his evaluations of the dollar amount of the overall contribution of the machinery, equipment,
and fixtures to the fair market value of the real property as a whole. The report shall contain any layout plans,
/` =:i� sketches, or photographs that are reasonably necessary for locating or identifying the facilities or illustrating
`?'' the Appraiser's analyses.
.:;:� ):
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(1) If there are separately held interests 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 interests in the property to be acquired) to each separately held interest.
(However, tenant -owned improvements shall be valued in accordance with Paragraph 4(m) below.) The report
shall contain the data, analyses, and reasoning by which the Appraiser made the apportionment. If the "unit
rule" is regarded as not applicable because the division of ownership is such as to diminish the market
value of the property as a whole, the separate interests involved shall be appraised separately.
. • (m) Tenant -owned improvements If any building, structure, fixture, or other improvement to the
property is identified as being the property of a tenant who has the right or obligation to remove it at the
expiration of the lease term, the Appraiser's estimate of the fair market value of the improvement shall be the
greatest of (1) the amount which the improvement contributes to the fair market value of the property, (2)
the in -place value of the improvement as part of the real property (the depreciated replacement cost of the
improvement installed), or (3) the fair market value of the improvement for removal from the property at the
purchaser's expense. The appraisal report shall state the basis for the valuation of the improvement and
furnish the data and analyses on which the valuation was made.
(n) If the property is a multifamily or mixed -use (residential and nonresidential) property and an
owner of a compensable interest in the property also occupies a dwelling in the property, the Appraiser shall
furnish an apportionment of the estimate of the fair market value of the whole property to such dwelling and
to the remainder of the property. For the purpose of this paragraph, an occupant of a dwelling shall be
considered to own a compensable interest in the property if he or she 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 an interest in a
cooperative housing project which includes the right to occupy the dwelling, or is the contract purchaser of
any of the foregoing estates or interests, or has a leasehold interest with option to purchase. The Appraiser's
report shall explain how the apportionment was made.
ARTICLE 5. Services To Be Provided by Agency The Agency agrees to furnish the Appraiser the following:
(a) A map or _plat based on official records, of the property described in Article 1, 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 or plot. However, additional parcel numbers may be assigned by the Appraiser for easements appraised
separately or for additional parcels revealed while making the appraisals. The Appraiser shall promptly advise
the Agency of any such additions.
(b) An ownership data report for each parcel. That report will show all estates and interests in the
parcel as shown of record and consequently shall not be assumed to accurately define the interests to be
appraised. The ownership data report on each parcel as shown on the parcel map will include:
(1) The name (and address, if available) of the owner appearing on record;
(2) - The legal description of the parcel as shown by the conveyance(s) by which the record owner
acquired title;
(3) Identification of the conveyance(s) by which the present owner acquired title, including: the
date of the conveyance(s); the date, book'and page numbers, and place of recordation; the
name (arid the address, if available) of the grantor of such conveyance; " the 'stated °f
consideration; the amount of any mortgages or encumbrances • placed of record or to which
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title was subject at time of conveyance (so far as determinable from an examination of the
conveyance); and the amount of any State or local transfer taxes that were based on the
amount of the consideration;
(4) 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;
(5) . Outstanding special assessments, if any, for public improvements such as streets, sidewalks,
public utilities, and similar public facilities;
(6) The amount of real estate taxes for the current year and the assessed valuation stated
separately for land and for improvements.
(c) Legal 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 services provided by the Appraiser under this agreement, the
Agency agrees to make payments to the Appraiser upon the submission to the Agency of properly certified
invoices, as follows:
(a) For appraisal reports accepted by the Agency, and for all other services furnished in accordance
' N _ with Article 3, except services furnished in connection with judicial proceedings under Paragraph 3(b), the
updating of appraisals under Paragraph 3(c), and the valuation of reservations of rights in owners under
Paragraph 3(d), the lump sum of Five Thousand Dollars ($5,000.00)
dollars, which shall constitute full payment to the Appraiser for all of such services and for all supplies,
materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in
connection with the performance of such services.
(b) For services furnished by the Appraiser in connection with judicial proceedings as provided in
Paragraph 3(b) (except services as an expert witness in such a proceeding), the updating of appraisals as
provided in Paragraph 3(c), and the valuation of reservations of rights in owners as provided in Paragraph
3(d), - Ninety Five ($95.00) - dollars per hour or fraction
of an hour actually engaged in performing the services, including travel time. All expenses of the Appraiser,
including travel expense and subsistence, shall be borne by the Appraiser.
(c) For services as an expert witness for the Agency in judicial proceedings as provided in Paragraph
3(b), the Appraiser and the Agency hereby agree that the fair and reasonable compensation for the Appraiser's
services shall be Eight Hundred ($800) dollars for each
day's attendance in court.
ARTICLE 7. Agreements of Appraiser As an inducement to the execution of this agreement by the Agency
and in consideration of the agreements to be performed by the Agency, the Appraiser agrees that:
(a) Qualifications The Appraiser is qualified to perform the services to be furnished under this
agreement and is permitted by law to perform such services, and all personnel engaged in the work shall be
qualified and so permitted to do the work they perform. Attached as Exhibit B, is a statement by the
Appraiser, 'certified b} the Appraiser to be true and correct, setting forth the Appraiser's technical
qualifications, general appraisal experience, specific experience in appraising properties of the type involved
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in this agreement, the courts in which he or she has testified as an expert witness, and other information
pertinent to establishing his or her technical qualifications.
(b) Solicitation of Agreement The Appraiser has not employed any person to solicit 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.
- (c) 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 or in its sale, or any other interest, whether or not in connection with the property,
which would conflict in any manner or degree with the 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
under this agreement, any person having any such interest. Until the property is acquired by the Agency or
excluded from its project 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 the property, perform services in
connection with the property, or testify voluntarily as a witness in a condemnation or other proceeding with
respect to the property.
(d) 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 the Appraisers staff or organization divulges any such \M
information except as may be required by law.
(e) 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. If the Appraiser proposes to employ any
person or persons to make any appraisals of machinery and equipment or other specialized 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 under this agreement. ..
(f) Equal Employment Opportunity During the performance of this agreement:
(1) 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 compensation; and selection for training, including apprenticeship. The Appraiser
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the Agency setting forth the provisions of this nondiscrimination
cla use.
(2) 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 employment OT
without regard to race, color, religion, sex, or national origin.
9/90 App. 20 -10
Handbook 1378
Appendix 20
(g) 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 under this
agreement to a bank or financial institution. This agreement may be assigned by the Agency to any
corporation, agency, or instrumentality having authority to accept the assignment.
(h) Subcontracting None of the work or services covered by this agreement shall be subcontracted
without the prior approval of the Agency.
(i) Records The Appraiser shall maintain records of all details with respect to the services to be
performed under this agreement, including one complete copy of each appraisal report and related notes, for
three (3) years after delivering the report or until the property is acquired by the Agency or the acquisition
is abandoned, whichever is later.
0) Affidavits of Compliance The Appraiser will, if requested by the Agency, furnish the Agency
affidavits certifying compliance with the provisions of this Article 7.
ARTICLE 8. Chances The Agency, 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 or 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 agreement of the parties
accordingly.
}G {1 ARTICLE 9. Termination of Agreement for Cause If, through any cause, the Appraiser shall fail to fulfill
in a timely and proper manner his or her obligations under this agreement, or if the Appraiser shall violate
any of the provisions of this agreement, 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 of the agreement 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 be held liable for damages under this
Article solely for reasons of delay if the delay is due to causes beyond his or her control and without his or
her fault or negligence, but this shall not prevent the Agency from terminating this agreement because of such
delay.
ARTICLE 10. Interest of Members of Acencv No member of the Agency shall participate in any decision
relative to this agreement affecting, directly, or indirectly, his or her 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 of this
agreement.
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.
App. 20 -11 9/90
Handbook 1378
Appendix 20
ARTICLE 12. Notices Any action by the Agency under this agreement may be taken by W 11 i am J .
Zwi c k , or such other person(s) as the Agency may, by written notice to the Appraiser, designate for such
purpose. All notices to the Appraiser shall be considered to be properly given if mailed to the address
specified below, or delivered personally to the Appraiser. All notices or other papers given to the Agency
shall be considered to be sufficiently given if mailed, postage prepaid to C ty of Pueb1 o .
Colorado ,at 211 E. "D" Street, Pueblo, CO 81003
or to such other representative or address as the Agency may designate to the Appraiser in writing.
IN WITNESS WHEREOF, the Agency and the Appraiser have executed this agreement on or as of
the date first above written. l
(Appr 'ser) oseph L. Hastings
2965 Broadmoor Valley R oad
(Street Address)
Colorado Springs, CO 80906
(City) (State) (Zip code)
City-of P lo, CO
(Agency)`.
s=r�
Y:
President, Pueblo City Council
(Title)
ATTACHHMBNTS: APPENDEX A: PROPOSAL & PROFESSIONAL QUALIFICATIONS STATEMENT
E
9/90 App. 20 -12
APPENDIX "A"
JOSEPH L. HASTINGS, MAI
Real Estate Appraiser
2965 Broadmoor Valley Road
Colorado Springs, Colorado 80906
719 -540- 0770 /FAX 719 - 540 -0760
www.realsumm.com
Via Facsimile 719 -543 -0572 and U.S. Mail
February 29, 2000
William J. Zwick, Senior Planner
Department of Planning and Development
City of Pueblo
Pueblo, Colorado 81003
Re: 207 and 215 Victoria Ave., Pueblo, Colorado 81003
Dear Mr. Zwick:
This will serve as my proposal to appraise the above- captioned properties. I understand
that the appraisals are required for full takings of the properties for the El Pueblo Project.
I would quote you a fee of $2,750 per property or $5, 000 for both properties. Hourly
charges are at the rate of $95.00 per hour.
All appraisal work on the assignment would be performed by me. A copy of my
Professional Qualifications Statement is enclosed.
Provided that notice to proceed with the work is received by March 3, 2000, I would be
able to begin work on March 13, 2000 and would complete the work within three weeks.
The appraisal report(s) would conform with the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and the Uniform Standards
of Professional Appraisal Practice (USPAP).
I appreciate the opportunity to furnish this proposal.
Very truly yours,
1
Jose h L. astings, MAI
Colorado State Certified Appraiser
No. CGA 1315368
Expiration Date: December 31, 2001
Enclosures:
Professional Qualifications Statement
PROFESSIONAL QUALIFICATIONS STATEMENT
Name- Joseph L. Hastings
Personal Born Omaha, Nebraska, 1942
Address 2965 Broadmoor Valley Road
Colorado Springs, Colorado 80906
Telephone 719 - 540 -0770
Fax No. 719 -540 -0760
Education B.A. Creighton University, Omaha, Nebraska, 1965 J.D,. Creighton
University Law School, Omaha, Nebraska, 1971
Military Lieutenant, U.S. Navy, Vietnam Service, 1965 -1968
Employment Trial Attorney, Land Condemnation Section, Department of Land and
Natural Resources of the United States Department of Justice, Washington
D.C.; Appraiser, Hastings, Martin, Hallstrom & Chew, 1974 -1982;
Joseph L. Hastings MAI, Real Estate Appraiser, 1982 to present.
Professional
Memberships Member, Appraisal Institute (MAI), Member No. 5957, 1979; Member,
Colorado Chapter, Appraisal Institute
Appraisal
Assignments Hotel and Resorts - existing and proposed hotel and beachfront and ski
resort properties in Colorado, California, Hawaii
Retail - regional, community and neighborhood centers Colorado,
Nebraska, and Texas
Industrial -light and heavy industrial along Front Range, Colorado, and
Nebraska
Office - office buildings in central business district and suburban areas in
Colorado, Nebraska
Agricultural - grain elevators, farms and ranches in Colorado, Kansas, and
Nebraska
Special
Assignments Analysis of Recreation Concessions for United States Army Corps. of
Engineers - 20 states; Portfolio Valuation Boys Town Endowment Proper-
ties - 10 states; Falcon A.F.B. (CSOC) land condemnations, Falcon,
Colorado; Feasibility Analysis and Valuation of 2,200 Lake Las Vegas
Project, Las Vegas, Nevada; Tinian Island mass valuation, Government of
Northern Marianas Islands
Representative
Clients Private Corporate - Union Pacific Railroad, Anhueser Busch, ARA Ser-
vices, Kodak, Unisys, United Technologies, Honeywell Corp.; Lender's
Services, Inc., Prudential Home Mortgage, Merrill Lynch Credit Corp.,
Countrywide Mortgage, GMAC, Shearson Lehmann Mortgage Corp.;
Affiliated National Bank, Western National Bank, Cheyenne Mountain
Bank, American Title and Mortgage, Bank One, First American Bank;
First State Bank
Institutional - Boys Town, American Heart Assoc., St. Francis Medicare
Systems
Governmental - States of Nebraska and Colorado, U.S. Internal Revenue
Service, Resolution Trust Corporation, Federal Deposit Insurance Corpo-
ration, Department of the Navy, Department of the Air Force, U.S. Depart-
ment of Justice, U.S. Army Corps. of Engineers; Small Business Adminis-
tration; City of Colorado Springs, Colorado
Judicial Qualified as expert witness in real property valuation matters in courts of
general jurisdiction, United States Bankruptcy Courts and United States
Federal District Courts in California, Colorado, Nebraska, and Hawaii
Areas of Practice Commercial, industrial, and agricultural real estate; ad valorem tax con-
sulting and appeals
Licenses Certified General Appraiser
State of Colorado License No. CGO- 1315368
Expiration 12/31/01