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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 (15)re5/realeecate2 .rp 9z -/-/o2, 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). lap\contracts\appraisal (real property) 11/9/94 11:55 AM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 1 of 3 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. lap\contracts\appraisal (real property) 11/9/94 11:55 AM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 2 of 3 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. lap \cont acts\appraisal (real property) December 1, 1994 7:13 AM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 1 of 3 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 3ap\contracts\appraisal (real property) December 1, 1994 7:13 AM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 3 of 3