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

r '!'.. J 0..;- ~ !'" . --. 7...... .... 3.~;'~~~- page' 5 AGREEMENT & CONTRACT! AP RAIS:S;R IN WITNESS WHEREOF, the LOCAL' PUBLIC AGENCY and APPRAISER have executed this AGREEMENT~ h~~ CONTRACT as of the date first above written. ' CITY OF FORT WALTON BEACH by JtJ~~.. . WINSTON G., WALKER, CITY MANAGER AT~ CITY CLERK L/ J,~~ j WITNESS: r.-"_~~".- j. ,. V,> .___ J"-' ,::""::::' ~ _ c  AGREEMENT & CONTRACT THIS AGREEMENT and CONTRACT for professional services entered into as of this ~ day of ~~ . 1980. by and between the CITY OF FORT WALTON BEACH, OKAL OSA COUNTY, STATE OF FLORIDA, hereinafter referred to as the " LOCAL PUBLIC AGENCY" and WALTER J. SMITH, ATTORNEY, of the CITY OF' FORT WALTON BEACH, OKALOOSA COUNTY, STATE OF FLORIDA, hereinafter referred to as the " ATTORNEY." WITNESSETH THAT: LOCAL PUBLIC AGENCY has entered into a WHEREAS, the 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 pursuant to such Community Development Block WHEREAS, 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 Re- development, situated in -the area described below: ' and WHEREAS, the LOCAL PUBLIC AGENCY desires' to engage the ATTORNEY to certain legal advice and assistance in connection render with the undertakings of the LOCAL PUBLIC AGENCY under the CONTRACT for advance: NOW THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES. The ATTORNEY shall perform all the necessary services provided under this AGREEMENT and CONTRACT 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 " embra- cing land in the Southwest quarter of Section 13, Township 2 South, Range 24 West: described as beginning at the Northeast corner of NE and running West 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 Easterly 500 feet more or less to State Street: thence Highway No. Northeasterly 10: along Highway 481. 6 feet more thence or less to Half Section Line: thence North 2252. 43 feet to point of beginning." 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 performed hereunder shall be accomplished in stages as follows: A. Review, CD Director, with on a case- by- case basis, each parcells appraisal and determination of " Just Compensation" and provide a written statement ( in accordance with Federal Register Volume 44 No. 42. 111( e)) 104 that an amount exceeding " Just SECTION Compensation" may paid the be owner for such real property, to in- the basis for such determination and the maximum amount of cluding the determination, or to go to condemnation. For each such state- ment and consultation, the ATTORNEY shall be compensated $ 50. 00. B. Upon notification by the LOCAL PUBLIC AGENCY, make the necessary preparation of petitions and prosecution completion to of all condemnation proceedings which may be necessary in connection with the acquisition of the parcels of land described herein. ADDITIONAL PARCELS. III. If the LOCAL PUBLIC AGENCY de- sires include to additional parcels, the ATTORNEY shall, if re- quested by the LOCAL PUBLIC AGENCY in writing prior to completion of the work 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.  page 2 AGREEMENT & CONTRACT/ ATTORNEY IV. EXCLUSION OF PARCELS. The LOCAL PUBLIC AGENCY may, at any time, by notice in writing to the ATTORNEY, exclude any parcel or parcels from the operation of this CONTRACT, and in such event, the ATTORNEY shall only be entitled to receive payment at the rate hereinafter specified for all work completed and accepted prior to such exclusion, and in addition, equitable adjustment will be made for any substantial amount of work or service performed by the ATTORNEY to the date of such exclusion, but not accepted by the LOCAL PUBLIC AGENCY. V. PERFORMANCE OF WORK. The ATTORNEY 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 and information to be furnished or performed by the- ATTORNEY herein shall be furnished or performed within a reasonable time. It is mutually understood that the time within which the work is to be performed is of primary importance and of the essence of this proposal. The performance of services or the delivery of documents required herein by the ATTORNEY shall not relieve the ATTORNEY from the obligation to correct any defective work which shall be remedied promptly by the ATTORNEY on demand , and without cost to the LOCAL PUBLIC AGENCY. The ATTORNEY will promptly deliver to the LOCAL PUBLIC AGENCY, all documents from time- to ,time ,as completed and - report progress or status of.~ each parcel as required. VII. COMPENSATION. The compensation for performing work covering all parcels in the herein described area shall be as fol- lows: A. For drafting condemnation petitions only, $ 750. 00 per parcel, payable upon vesting of title. t B. Where condemnation has been instituted, but the case is settled without requiring appearance in court, $ 1, 250. 00 per parcel, payable upon vesting of title. C. Where condemnation has brought for the purpose of clearing title defects, which requires an appearance in court, but not actual contest, $ 1, 250. 00 per parcel, price includes compen- sation for drafting petition and is payable upon vesting of title. D. For each contested condemnation case actually tried in court $ 1, 500. 00 per parcel, price includes compensation for drafting petition and is payable upon vesting of title. E. For each condemnation case appealed, in addition to other compensation herein authorized, a reasonable compensation to be agreed upon dependent upon the services be required to rendered. F. The term " parcel" as used herein means and is defined as any tract of platted lot. It is expressly mutually understood and agreed that G. in no will the total compensation reimbursement, event if any, to be paid herein, exceed the maximum sum of $ 30, 000 for all services required, provided that no more than 45 parcels of property are in- volved in condemnation litigation. In the event of an overrun, unit fees will be paid for services rendered. VIII. TERMINATION FOR BREACH. In the event of breach of any condition or provision hereof, the LOCAL PUBLIC AGENCY shall