HomeMy WebLinkAboutR-1992-D6174 Industrial ParkRESOLUTION NO.
74
A RESOLUTION: authorizing execution of a Personal Services
Agreement for Property Appraisal with Dean L.
Vahlkamp.
WHEREAS, the City of Yakima desires to encourage the
development of an industrial park in the area abounded by
Sixteenth Avenue, River Road, Sixth Avenue, and SR 12; and
WHEREAS, the City of Yakima is in the process of securing
state and federal grant money for the purpose of installation of
public streets and water and sewer facilities to serve the
aforementioned industrial site area; and
WHEREAS, a property appraisal is necessary for securing the
aforementioned grants; and
WHEREAS, Dean L. Vahlkamp possesses the knowledge and
expertise to perform the services required by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and
directed to executed the attached and incorporated Personal
Services Agreement for Real Estate Appraisal with Dean L.
Vahlkamp.
ADOPTED BY THE CITY COUNCIL this day of
1992.
ATTEST: Mayor
City Clerk
res/vahlkamp.jv
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PERSONAL SERVICES AGREEMENT
FOR REAL ESTATE APPRAISAL
THIS AGREEMENT, entered into this / day of 40, 1992,
between the CITY OF YAKIMA, 129 North 2nd Street, Yakima, Washington 98901,
hereinafter known as "CITY"; and DEAN L. VAHLKAMP, hereinafter known as
"CONTRACTOR."
WHEREAS, the CITY requires real estate appraisal services relating to
certain parcels of land located in the City of Yakima, Washington; and
WHEREAS, the CONTRACTOR represents that he is a current member of the
Appraisal Institute, possesses all necessary permits and licenses to appraise
property in Washington, and has expertise in performing industrial and retail
property appraisals related to the project property, now, therefore, in
consideration of the mutual covenants contained herein the parties hereto agree
as follows:
1. SERVICES PROVIDED BY CONTRACTOR. The services provided for under this
Agreement are divided into Phase 1 and Phase 2. Under Phase 1, CONTRACTOR
shall determine the fair market value of the entire project property based upon
its highest and best use.
The project property is that area within the City of Yakima bounded by
River Road, Sixth Avenue, South Sixteenth Avenue, and State Route #12.
CONTRACTOR shall complete Phase 1 no later than forty five (45) days after
execution of this Agreement. The information required to complete Phase 1 shall
be recorded by CONTRACTOR in a written report and transmitted at the same time
to the following interested parties: The Yakima City Manager, 129 North 2nd
Street, Yakima, Washington 98901, Preston L. Shepherd, President, 1-82
Development Association, P.O. Box 1387, Yakima, Washington 98907, Diane Irwin
c/o Jane Nelson, Lane Powell, 1420 5th Avenue, #4100, Seattle, Washington 98101,
and Jere Irwin, P.O. Box 10668, Yakima, Washington 98909. The interested parties
shall be entitled to provide input to CONTRACTOR concerning the appraisal
process, the project property, and criteria to be applied to the appraisal.
Phase 2 shall not be undertaken without express written authorization
from the Yakima City Manager. In the event of authorization, CONTRACTOR shall
write and transmit to the aforementioned interested parties a complete appraisal
report of each parcel within the project property. Such report shall be due
twenty (20) business days after receipt of notice by the CONTRACTOR.
2. TERM OF AGREEMENT. This Agreement shall commence on the date written
above and terminate no later than December 31, 1992.
3. CONSIDERATION. In consideration for the consulting services to be
provided as set forth in Phase 1 above and CONTRACTOR'S performance of all other
terms and conditions of this Agreement, CITY agrees to pay CONTRACTOR an
amount not to exceed Three Thousand Six Hundred Dollars ($3,600.00). For
completion of Phase 2, the CITY shall pay CONTRACTOR an amount not to exceed ,
Nine Hundred Dollars ($900.00).
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4. INDEPENDENT CONTRACTOR. It is agreed and understood that CONTRACTOR is
an independent contractor, and none of CONTRACTOR'S employees shall be
considered an employee of the CITY. CONTRACTOR and CONTRACTOR'S employees
shall make no claim of CITY employment or claim any related employment
benefits from the CITY, including , but not limited to, medical benefits, social
security, and retirement. CONTRACTOR'S employees shall not be subject to the
control or direction of CITY officers or CITY employees. CONTRACTOR shall
protect, defend, indemnify, and hold the CITY, its agents, and employees harmless
from and against any damages or costs incurred by the CITY as a result of any
claim for employee status.
5. INTEGRATION. This written document constitutes the entire and exclusive
agreement between the parties hereto. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
6. ASSIGNMENT. CONTRACTOR shall not assign this Agreement to any other
person or entity without the prior written consent of the CITY. In the event that
such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of CONTRACTOR.
7. LITIGATION. In the event that any suit or action is instituted by either
party to enforce compliance with or interpret any of the terms, covenants, or
conditions of this Agreement, the prevailing party shall be entitled to collect, in
addition to necessary court costs, such sums as the court may adjudge as
reasonable attorney fees. The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of Washington for Yakima County,
Washington.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year first above written.
ATTEST: CITY OF YAKIMA
„ By:
City Clerk Richard A. Zais, Jr.
City Manager
riry CONTRACT NO. D
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Dean L Vahlkamp, MAI
307 19th Street, Suite A-1
Lewiston, ID 83501
