HomeMy WebLinkAboutR-1994-138 Appraisal ServicesRESOLUTION NO. R 94
A RESOLUTION authorizing and directing the City Manager of the City of
Yakima to obtain professional real estate appraisal services
relating to potential purchase and sale transactions for
property in the Central Business District and at a City park.
WHEREAS, it has been proposed that the City of Yakima enter into certain
real estate transactions involving land within the Central Business District and at
a City park; and
WHEREAS, before the City Council can make any decisions regarding land
transactions, it is necessary to ascertain the fair market values of the properties
involved, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to obtain professional
real estate appraisal services for certain property located within the Central
Business District and property located at a City park, in a total dollar amount not to
exceed the existing budget authority for Urban Development Action Grant funds,
and subject to the review and approval as to form of all contract documents by the
City Attorney. ((11
ADOPTED BY THE CITY COUNCIL this ti' day of 6'76f , 1994.
ATTEST: Mayor
I'--, cw
City Clerk
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AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
THIS AGREEMENT, is made and entered into this /O day o ► e - : 'r, 1994,
by and between the CITY OF YAKIMA, a municipal corporation, with its principal
place of business at 129 North Second Street, Yakima, Washington 98901, hereinafter
referred to as "CITY") and DEAN L. VAHLKAMP, hereinafter referred to as
"CONTRACTOR".
WHEREAS, the CITY requires real estate appraisal services relating to certain
portions of the first block on the west side of North First Street, within the CITY of
Yakima; which properties are legally described as follows:
Lots 13, 14, 15, 16, 17, 18, and 19 of Block 10, Town of North Yakima, now
Yakima as recorded in Volume "E" of Plats, Page 1, records of Yakima County,
Washington.
WHEREAS, the CONTRACTOR represents that he is a current member of the
Appraisal Institute, and that he possesses all necessary permits and licenses to appraise
real estate in Washington, and that he is expert in appraising real estate such as that
which is the subject of this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. This Agreement shall commence on the date when all parties have signed this
agreement and end on or before December 31, 1994. The Agreement may be terminated
by either party giving not less than three (3) days written notice to the other party
except for non-payment of fees. Any continuation or renewal of this Agreement shall be
the subject of further negotiation between parties.
2. CONTRACTOR shall, based upon the highest and best use of each property,
determine the fair market value of certain portions of the first block on the west side of
North First Street, legally described as follows:
Lots 13, 14, 15, 16, 17, 18, and 19 of Block 10, Town of North Yakima, now
Yakima as recorded in Volume "E" of Plats, Page 1, records of Yakima County,
Washington.
This information shall be reported by CONTRACTOR in a confidential written report
and transmitted on a confidential basis to both the CITY Manager and the Director of
the Department of Community and Economic Development of the CITY of Yakima, 129
North 2nd Street, Yakima, Washington 98901.
3. In consideration of the real estate appraisal services to be performed by
CONTRACTOR hereunder, CITY shall pay CONTRACTOR an amount not to exceed
Four Thousand and Two Hundred Dollars ($4,200.00).
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AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
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4. CONTRACTOR shall indemnify, defend and hold CITY, its elected officials,
employees and agents harmless from any and all loss, cost or expense to which CITY ,
its elected officials, employees or agents may be subjected as a consequence of the
willful misconduct or negligent acts or omissions of CONTRACTOR and/or its
employees in connection with fulfilling its obligations under this Agreement.
5. CONTRACTOR is retained by CITY only for the purposes and to the extent set
forth in this Agreement, and its relationship to CITY shall be that of an independent
contractor.
6. Any notice required or permitted to be given under this Agreement shall be
sufficient if given in writing and by registered or certified mail to CITY or to
CONTRACTOR at the addresses first set forth above or to any other address of which
written notice of change is given.
7. The waiver by CONTRACTOR or CITY of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such
provision.
8. The obligation of CONTRACTOR to perform its duties hereunder is conditioned
upon CITY's cooperation with CONTRACTOR with respect to the activities of
CONTRACTOR.
9. This Agreement may not be assigned by either party without the prior written
consent of the other party.
10. Any unresolved dispute between CITY and CONTRACTOR which may arise
from the obligations of either party as set forth herein, shall be resolved by arbitration.
Such arbitration shall be binding upon CITY and CONTRACTOR. Each party shall
select an arbitrator. The two arbitrators shall select a third. If they cannot agree within
thirty (30) days, either may request that selection be made by a judge of a court having
competent jurisdiction. Each party shall pay the expenses it incurs and bear the
expenses of the third arbitrator equally. The laws of the State of Washington shall apply
and venue shall be in Yakima County, Washington.
11. This Agreement sets forth all of the terms, conditions, and agreements of the
parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby declared terminated and of no further force and effect
upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto, except as herein provided and no amendment or modification of
this Agreement shall be effective unless reduced to writing and executed by the parties.
All terms, conditions, and definitions as set forth in the Agreement shall be interpreted
under the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate counterparts as of the date first above written.
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AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
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Al LEST: CITY OF YAKIMA
By:
CITY CLERK
CITY CO TR ( NO.
8-94-08
Page 3 of 4
By:
DICK ZAIS, ity Manager
DEAN L. VAHLKAMP, MAI
By: ( PAA-,
Dean L. Vahlkamp, MAI
307 19th Street, Suite A-1
Lewiston, ID 83501
AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
THIS AGREEMENT, is made and entered into this L ' day of X994,
by and between the CITY OF YAKIMA, a municipal corporation, with its principal
place of business at 129 North Second Street, Yakima, Washington 98901, hereinafter
referred to as "CITY") and CHRIS M. SCHMIDT, hereinafter referred to as
"CONTRACTOR".
WHEREAS, the CITY requires real estate appraisal services relating to potential
sale of property located at 8th Avenue and Elks Park, Yakima, Washington.
WHEREAS, the CONTRACTOR represents that he possesses all necessary
permits and licenses to appraise real estate in Washington, and that he is expert in
appraising real estate such as that which is the subject of this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. This Agreement shall commence on the date when all parties have signed this
agreement and end on or before December 31,1994. The Agreement may be terminated
by either party giving not less than three (3) days written notice to the other party
except for non-payment of fees. Any continuation or renewal of this Agreement shall be
the subject of further negotiation between parties.
2. CONTRACTOR shall, based upon the highest and best use of such property,
determine the fair market value of property at 8th Avenue and Elks Park, legally
described as follows:
The east 5 feet of the north 299.7 feet of Tract 14, J. H. Hathaway's Five Acre
Tracts, as recorded in Volume A of Plats, Page 26, records of Yakima County,
Washington.
And
That portion of the unimproved right-of-way of N 8th Avenue lying to the north
of the north right-of-way line of W T Street and to the south of the south right-
of-way
ightof-way line of the North Yakima and Valley Railroad.
This information shall be reported by CONTRACTOR in a confidential written
report and transmitted on a confidential basis to both the CITY Manager and the
Director of the Department of Community and Economic Development of the CITY of
Yakima, 129 North Street, Yakima, Washington 98901.
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AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
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3. In consideration of the real estate appraisal services to be performed by
CONTRACTOR hereunder, CTTy shall pay CONTRACTOR an amount not to exceed
One Thousand Nine Hundred Dollars ($1,900.00).
4. CONTRACTOR shall indemnify, defend and hold CITY, its elected officials,
employees and agents harmless from any and all loss, cost or expense to which CITY, its
elected officials, employees or agents may be subjected as a consequence of the willful
misconduct or negligent acts or omissions of CONTRACTOR and/or its employees in
connection with fulfilling its obligations under this Agreement.
5. CONTRACTOR is retained by CITY only for the purposes and to the extent set
forth in this Agreement, and its relationship to CITY shall be that of an independent
contractor.
6. Any notice required or permitted to be given under this Agreement shall be
sufficient if given in writing and by registered or certified mail to CITY or to
CONTRACTOR at the addresses first set forth above or to any other address of which
written notice of change is given.
7. The waiver by CONTRACTOR or CITY of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such
provision.
8. The obligation of CONTRACTOR to perform its duties hereunder is conditioned
upon CITY's cooperation with CONTRACTOR with respect to the activities of
CONTRACTOR.
9. This Agreement may not be assigned by either party without the prior written
consent of the other party.
10. Any unresolved dispute between CITY and CONTRACTOR which may arise
from the obligations of either party as set forth herein, shall be resolved by arbitration.
Such arbitration shall be binding upon CITY and CONTRACTOR Each party shall
select an arbitrator. The two arbitrators shall select a third. If they cannot agree within
thirty (30) days, either may request that selection be made by a judge of a court having
competent jurisdiction. Each party shall pay the expenses it incurs and bear the
expenses of the third arbitrator equally. The laws of the State of Washington shall apply
and venue shall be in Yakima County, Washington.
II. This Agreement sets forth all of the terms, conditions, and agreements of the
parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby declared terminated and of no further force and effect
upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto, except as herein provided and no amendment or modification of
lap \contracts\appraisal (real per) December 1, 1994 7:13 AM
AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
Page 2 of 3
this Agreement shall be effective unless reduced to writing and executed by the parties
All terms, conditions, and definitions as set forth in the Agreement shall be interpreted
under the laws of the State of Washington.
]N WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate counterparts as of the date first above written.
ATTEST: CITY OF YAKIMA
J
By-.
CITY CLERK DICK ZAIS, City Manager
CITY CONTRACT NO.
!2.-C? `-t - E
M. Schmidt
205 Observation Drive
Yakima, WA 98901
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