HomeMy WebLinkAbout10657RESOLUTION NO. 10657
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND JOSEPH L. HASTINGS, REAL ESTATE APPRAISER, FOR
APPRAISAL SERVICES FOR REAL ESTATE ACQUISITION, PROJECT NO. 06 -016, IN THE
AMOUNT OF $12,000.00, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, proposals were received for the Appraisal Services for Real Estate, Project No.
06 -016 and have been examined; and
WHEREAS, the proposals from Joseph L. Hastings, Real Estate Appraiser, was determined
to be acceptable for the project.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Joseph L. Hastings is hereby accepted and approved as the consultants to prepare the
Appraisal Services for Real Estate, Project No. 06 -016.
SECTION 2
An Agreement dated February 27, 2006, a copy of which is attached hereto and made a
part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a
Municipal Corporation, and Joseph L. Hastings, is hereby approved.
SECTION 3
Funds in the amount of $12,000.00 for this project will be provided from Police Building
Fund.
SECTION 4
The President of the City Council is hereby authorized to execute the said Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto
and attest the same.
INTRODUCED February 27, 2006
BY Randy Thurston
Councilperson
APPROVED: — ,
President of Cit Council
ATTESTED BY:
CITY CLERK
11 M)
Background Paper for Proposed
Resolution
AGENDA ITEM # 10
DATE: FEBRUARY 27, 2006
DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND JOSEPH L. HASTINGS, REAL ESTATE
APPRAISER, FOR APPRAISAL SERVICES FOR REAL ESTATE ACQUISITION,
PROJECT NO. 06 -016, IN THE AMOUNT OF $12,000.00, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Agreement for Professional Services with Joseph L.
Hastings, Real Estate Appraiser, for the completion of the Appraisal Services for Real
Estate, Project No. 06 -016?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The City has solicited Request for Proposals (RFP) to provide Appraisal Services to
complete an appraisal study on real estate property. The City is in the process of
acquiring two private parcels of land located on the eastside of Main Street, between
"C" and the vacated "E" Street. The first site is known as Santangelo Woodworking,
located at 120 South Main. The second site is known as La Tolteca Foods, located at
222 South Main Street. On February 17, 2006, the City received two (2) proposals from
reputable companies vying to complete the study. On February 21, 2006, the selection
committee, which was made up of Tom Jagger, Scott Hobson and Steven Meier,
reviewed the proposals and selected Joseph L. Hastings to complete the study.
FINANCIAL IMPACT
The funds in the amount of $12,000.00 will be paid from the Police Building Funds to
complete the project.
AGREEMENT FOR APPRAISAL SERVICES (ACQUISITION)
THIS AGREEMENT entered into this 27' day of February 2006, by and between the City of Pueblo,
Colorado, a municipal corporation, hereinafter referred to as the "Agency," and Joseph L. Hastings, Real Estate
Appraiser, hereinafter referred to as the "Appraiser."
WUNESSETH THAT:
RE
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 of real property for the Police Building Project ( "Project ") and the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA) notwithstanding that no federal financial assistance is or
will be available to pay all or any part of the cost of such Project.
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 or 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 d eterminati ons 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 tecbmques 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 of Colorado ("State "). Factors relating to
race, color, religion, sex or national origin, or to racial, religious or ethnic identification of neigbborhoods are not
relevant to the estimation of value and shall not be considered in connection with appraisals of residential real property.
(c) Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the preparation 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 opimon(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
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than that due to physical deterioration within the reasonable control of the owner. (In the case of a partial acquisition,
using the State modified 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 Wiling
followed and its source and shall explain the effect of the ruling on his opinion of value.
ATICLE 3. Scope of Appraisers Services. The Appraiser agrees to perform the following services:
(a) Appraise each parcel and prepare and deliver to the Agency, within 45 calendar days after the date of this
agreement, eight (8) 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 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) Testify 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 re- inspection
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, maawacies, 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 continue occupancy for an
extended period after the Agency acquires the property, or the right to remove any building, stnrctme, fixture, or other
improvement. The compensation to be paid to the Appraiser for famishing 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 funished 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 Real Estate Acquisition — City of Pueblo" that provides the
following:
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(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) in the property,
the parties involved, or any 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, oil, 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
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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 Lion 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 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 td 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 in forming the opmion(s) of
fair market value shall be verified insofar as practical. The information furnished with respect to each
such sale shall include, among other pertinent facts, the names of the grantor and grantce, 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.
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(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 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 remainin 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 far 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 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 lands 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, structuues, 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.
(2) Type of property.
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(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.
(v) 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 equipment 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:
(1) Description of the item, including, as appropriate, the manufacturer, model and serial 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. 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, sketches, or
photographs that are reasonably necessary for locating or identifying the facilities or illustrating the
Appraiser's analyses.
(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, the property is to be valued on an undivided fee basis as applied in the
State and not as a "sum of the interests" approach. The undivided fee basis as applied in the State does not ignore the
value, which an encumbrance may add to or subtract from the reasonable fair market value of the property as a whole.
Conversely, the rule contemplates that where the contract rental adds to the fair market value of the property, evidence
of the rental is relevant in determining the value of the property. Where the contract rental is less than the fair rental,
the fair rental and not the contract rental is the relevant evidence on the issue of value.
ARTICLE 5. Services To Be Provided by Agency. The Agency agrees to furnish the Appraiser the following:
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(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. A number shall designate each parcel, 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.
(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 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 $12,000.00
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), $165.00 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
$1,200.00 dollars per day and $700.00 per half day 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. Submitted as part of the proposal was a statement by the Appraiser, certified by 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 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 arty 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.
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(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 Appraiser's staff or organization divulges any such 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 clause.
(1) 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 without regard
to race, color, religion, sex, or national origin.
(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.
(j) 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. Changes. The Agency, by written notice to the Appraiser, may modify the scope or quantity of 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.
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,
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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 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 Agency. 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.
ARTICLE 12. Notices. Any action by the Agency under this agreement may be taken by the City of Pueblo, 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 Steven Meier at the City of Pueblo, Planning Department, 211 East D Street, Pueblo, Colorado
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 fast above
written.
3AAhraiser) // __ , I/
By:
(Street Address)
(City, State, Zip Code)
City of Pueblo
(Agen
B
President of the City Council
(Title)
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Location Address: 120 S MAIN ST PUEBLO CO 81003
Mailing Address: 120 S MAIN ST PUEBLO CO 81003
Location Information: Neighborhood: N/A Analysis Area: 550 Tax District: 60BT
Legal Description: LOT 10 BLK 70 SOUTH PUEBLO
FORMER #05- 364 -18 -010
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Name: SANTANGELO CHARLES 3
�m
Schedule :: (parcel #) 536414012
Name: HILVITZ HARVEY M TR
Location Address: 230 S MAIN ST PUEBLO CO 81003
Mailing Address: 230 S MAIN ST PUEBLO CO 81003
Location Information: Neighborhood: N/A Analysis Area: 550 Tax District: 60B
Legal Description: LOTS 4 TO 6 INC BLK 69 S PUEBLO ALSO 1/2 VAC ALLEY AD3
FORMERLY *05- 364 -14 -002
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