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

303 e)( 1). IN WITNESS WHEREOF, the Local Public Agency and the Title Company have executed this AGREEMENT & CONTRACT as of the date first above written. CITY OF FORT WALTON BEACH l by j/; JpJ// W WINSTON G. WALKER, CITY MANAGER AT? U 1,~~ City Clerk / WITNESS: U~~~ ~ o1.J~ AcO~, ((<< Title J~ Company  t,., ~,~ r AGREEMENT & CONTRACT THIS AGREEMENT AND CONTRACT for professional services entered into as of this ~ i day of MAY , 1980, by and between the CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, STATE OF FLORIDA, hereinafter referred to as the IILOCAL PUBLIC R) AGENCY" and THE HARBESON AGENCY, INC., REALTOR ( OKALOOSACOUNTY, STATE OF FLORIDA, hereinafter referred to as the II IIAPPRAISER. WITNESSETH THAT: WHEREAS, the LOCAL PUBLIC AGENCY has entered into a Community Development Block Grant Agreement under Title I of the Housing and Community Development Act of 1974 as amended with the United States of America acting by and through the Secretary of Housing and Urban Development: and if"", WHEREAS, pursuant to such Community Development Block Grant Funding Agreement, the LOCAL PUBLIC AGENCY is undertaking the making of surveys and plans necessary in preparation of certain slum 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 with the undertakings of LOCAL PUBLIC AGENCY under the CpNTRACT for advance: NOW THEREFORE, the parties hereto do mutually agree as i follows: I. SCOPE OF SERVICES. The APPRAISER shall perform all the services provided under this AGREEMENT and CONTRACT ne~ essary in connection with and respecting the following Project Area: TO WIT: Those lots and parcels within Blocks 2, 3, 4, and 5 of Brooks Addition to Fort Walton described as that area " embracing land in the Southwest quarter of Section l3, Township 2 South, Range 24 West: described as beginning at the Northeast corner of NE ~ and running Wes't 711. 16 feet; thence South 260 feet: thence West 223. 5 feet: thence South 1056. 5 feet to Forty Line; thence East 101 feet: thence South 989. 75 feet; thence West 165 feet; thence South 90 feet; thence East 165 feet: thence South 192 feet to South side of First thence Easterly 500 feet more or less to State High- Street: way No. 10; thence North 2252. 43 feet to point of beginning. II Surveyed during April, 1945 by T. W. Coleman, surveyor and recorded 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. Provide, in triplicate, on forms acceptable to the LOCAL PUBLIC AGENCY and the Department of Housing and Urban Develop- ment, and appraisal of fair market value of specified parcels or tracts of land. Appraisals of fair market value shall be based upon nationally recognized appraisal standards and techniques to the extent that such principles are consistent with the concepts of value and the rules or the admissibility of evidence of value under the Eminent Domain of Florida. LawFactorsof the State relating to race, color, religlon, national origin, or to sex or racial, religious and ethnic identification of neighborhood are not relevant to the estimation of value and shall not be considered in connection with appraisals of property. Appraisal reports must contain sufficient documentation, including supporting valuation data and the APP~ ISER' s analysis of that data, to demonstrate the correctness of the APPR~ISER' S opinion( s) of value in accordance with Federal Register Vol. 44 No. 104 at 42. 113( a) and ( b).  r- page 2 ,; AGREEMENT & CONTRAC~/ APPRATSER B. The Review APPRAISER shall determine adequacy of the APPRAISER' s supporting data and documentation, the soundness of the APPRAISER' s reasoning and whether the appraisal conforms with recog- nized' appraisal practices. In 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 for identify the reports reviewed and explain the basis appraisal his/ her recommendation. identified any real property improvement has been C. 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 in accordance with Federal guidelines established in the Federal Register, Volume 44, No. 104 at 42. 111( b). the Upon notification of LOCAL PUBLIC ~ GENCY, make D. and as an expert witness in cases necessary preparations appear whereacquisition 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. PARCELS. ADDITIONAL If the LOCAL PUBLIC AGENCY desires to include additional parcels, the APPRAISER shall, if requested by the LOCAL PUBLIC AGENCY in writing prior to completion of the work the services as herein set forth specified hereunder, perform same in connection with such additional parcels at the same rate per set forth. parcel and otherwise upon the same conditions as herein EXCLUSION OF PARCELS. IV. The LOCAL PUBLIC AGENCY may at to the APPRAISER, exclude any parcel any time, by notice in writing or parcels from the operation of this CONTRACT, and in such event, the APPRAISER shall only be entitled to receive payments at the rate hereinafter specified for all work completed and accepted prior to be made r P' such exclusion, and in addition, equitable adjustment will for any substantial amount of work or service performed by the APPRAISER to the date of such exclusion, but not accepted by the LOCAL PUBLIC AGENCY. PERFORMANCE OF WORK. V. The APPRAISER shall perform the services hereinafter described as expeditiously as possible after receipt of written notification of the acceptance of this proposal by the LOCAL PUBLIC AGENCY. VI. SERVICES. All services, documents andinformation to the APPRAISER herein shall be furnished be furnished or performed by within a reasonable time. It is mutually understood or performed that time within which the work is to be performed is of primary the The performance of importance and of the essence to this proposal. APPRAISER services or the delivery of documents required herein by correct any shall not relieve the APPRAISER from the obligation to discovered and all incomplete, in- defective work subsequently work shall be remedied promptly by the