Fort Walton Beach Resolution — 80-21-Rehab of Butler Terrace Contracts — reading text

RESOLUTION NO. 80-~ 1 A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF FORT WALTON BEACH, FLORIDA TO SIGN CONTRACTS FOR SERVICES FOR APPRAISALS, TITLE COMPANY SEARCHES, AND ATTORNEY SERVICES IN CONNECTION WITH ACQUISITION AND DISPOSITION OF REAL PROPERTY IN THE BUTLER TERRACE NEIGHBORHOOD STRATEGY AREA AS A PART OF THE CURRENT CDBG SMALL CITIES PROGRAM, PROVIDING THE EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION I. That the City Manager on behalf of the City of Fort Walton Beach, Florida is hereby authorized to execute contracts, using CDBG funds to engage the services of appraisers, title companies, and attorneys for the purpose of acquiring and disposing of real property in the Butler Terrace Neighborhood Strategy Area as a part of the Small Cities CDBG program. SECTION II. That this resolution being of an administrative nature shall take full force and effect immediately upon its passage and approval by the Mayor. ADOPTED Q, /, j/ O J f/ kYt; A7? 2L /~- J:. __ Reviewed and approved by the City Attorney whicr will be legal when enacted by the City Council of the City of Fort Walton Beach, FL. WALTER J. SMITH City Attorney  DATE: MAY 27, 1980 TO: MAYOR AND MEMBERS OF COUNCIL FROM: CITY MANAGER The attached resolution is needed in order to disburse CDBG funds to pay for services necessary in the acquisition and disposition of real property in the CDBG program in the Butler Terrace area. HUD regulations prescribe the use of these services when we acquire or dispose of real property. Contracts for these services will be awarded to responsible appraisal firms. We plan to use the City Attorney and the recommended title com- pany for legal service and title search. Recommend approval of the resolution. I~ t( tw lg Attach.  AGREEMENT & CONTRACT THIS AGREEMENT AND CONTRACT for professional services entered into as of this 28th day of MAY , 1980, CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, by and between the STATE OF FLORIDA, hereinafter referred to as the " LOCAL PUBLIC AGENCY" and TEEL & WATERS REALTY COMPANY I INC. OKALOOSA COUNTY, STATE OF FLORIDA, hereinafter referred to as the APPRAISER." WITNESSETH THAT: the LOCAL PUBLIC AGENCY has entered into a WHEREAS, of the Community Development Block Grant Agreement under Title I Act of 1974 as amended with the Housing and Community Development United States of America acting by and through the Secretary of Housing and Urban Development; and pursuant to such Community Development Block WHEREAS, Grant Funding Agreement, the LOCAL PUBLIC AGENCY is undertaking the slum making of surveys and plans necessary in preparation of certain clearance, blights removal and Neighborhood Strategy Area Redevelop- ment, situated in the area described below; WHEREAS, LOCAL PUBLIC AGENCY desires to engage the APPRAISER to render certain services and assistance in connection for with the undertakings of LOCAL PUBLIC AGENCY under the CqNTRACT advance; NOW THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES. The APPRAISER shall perform all under this AGREEMENT and CONTRACT in the necessary services provided connection with and respecting the following Project Area: within Blocks 2, and 3, 4, and TO WIT: Those lots parcels to described Fort Walton as that area " embracing 5 of Brooks Addition land in the Southwest quarter of Section 13, Township 2 South, Range at the Northeast corner of NE ~ and 24 West; described as beginning feet; thence South 260 feet; thence West 223. 5 running West 711. l6 5 feet to Forty Line; thence East 101 feet; feet; thence South 1056. thence South 989. 75 feet; thence West 165 feet; thence South 90 thence South 192 feet to South side of feet; thence East 165 feet; First Street; thence Easterly 500 feet more or less to State High- way No. 10; thence North 2252. 43 feet to point of beginning." 1945 T. W. Coleman, surveyor and recorded Surveyed during April, by on 12, June 1945 in Plot Book One at Paqe 99. II. CHARACTER OF WORK. The work to be done performed hereunder shall be accomplished as follows: A. in triplicate, on forms acceptable to the Provide, LOCAL PUBLIC AGENCY and the Department of Housing and Urban Develop- ment, and appraisal of fair market value of specified parcels or fair market value shall be based upon tracts of land. Appraisals of standard5 and techniques to the nationally recognized appraisal of consistent with the concepts extent that such principles are of evidence of value value and the rules or the admissibility of Florida. Factors under the Eminent Domain Law of the State national origin, or to relating to race, color, religlon, sex or racial, religious and ethnic identification of neighborhood are of value and shall not be considered not relevant to the estimation in connection with appraisals of property. Appraisal reports must valuation contain sufficient documentation, including supporting of that data, to demonstrate the data and the APPRAISER' s analysis of value in accordance correctness of the APPR~ISER' s opinion( s} 104 at 42. 113( a) and ( b). with Federal Register Vol. 44 No. page 2 AGREEMENT & CONTRACT/ APPRAISER B. The Review APPRAISER shall determine adequacy of the APPRAISER' s soundness of the supporting data and documentation, the APPRAISER' s reasoning and wheth~ r the appraisal conforms with recog- nizedappraisal practices. : rn particular the review APPRAISER shall determine the correctness of the APPRAISER' s opinion of the fair market value of the property. The review APPRAISER' s report shall identify the reports reviewed and explain the basis for appraisal his/ her recommendation. C.any real property improvement has been identified If as being the property of a tenant who has the right to remove it or the obligation to remove it at the expiration of his/ her turn, the APPRAISER shall determine as Just Compensation for such improvements inaccordance with Federal guidelines established in the Federal Register, Volume 44, No. 104 at 42. 111( b). Upon notification of. LOCAL PUBLIC AGENCY, make the D. necessary preparations and appear as an expert witness in cases where acquisition of the parcels( s) of land are processed through condemnation proceeding using the powers of Eminent Domain. E. In particular cases, upon request of the LOCAL PUBLIC AGENCY, within one year of the original appraisal, provide an update on the appraisals. III. ADDITIONAL PARCELS. If the LOCAL PUBLIC AGENCY desires to parcels, the APPRAISER include additional requested by shall, if the LOCAL in writing prior to completiQn of the work PUBLIC AGENCY specified hereunder, perform the same services as herein set forth in connection with such additional parcels at the same rate per parcel and otherwise upon the same conditions as herein set forth. IV. EXCLUSION OF PARCELS. The LOCAL PUBLIC AGENCY may at time, writing notice in to the APPRAISER, exclude any parcel any by or from