HomeMy WebLinkAboutR-1994-162 Potential purchase and sale transactionsRESOLUTION NO. R94- 162
A RESOLUTION authorizing and directing the City Manager and City Clerk
of the City of Yakima to obtain professional real estate
appraisal services relating to potential purchase and sale
transactions for property within the city.
WHEREAS, it has been proposed that the City of Yakima enter into
certain real estate transactions involving two separate parcels of land
within the city, 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 CTTY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached agreement with Western
Appraisers, Inc. for real estate appraisal services for two parcels of land
which are described in the attached agreement, which is attached hereto
and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 20tlday of December ,1994.
ATTEST:
City Clerk
C Vv -1. L
(2ez-t"
Mayor
AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
THIS AGREEMENT, is made and entered into this 6; day of '� ` , 1994,
by and between the CITY OF YAKIMA, a Washington municipal corporation, with its
principal place of business at 129 North Second Street, Yakima, Washington 98901,
hereinafter referred to as "CITY") and WESTERN APPRAISERS, INC., hereinafter
referred to as "CONTRACTOR".
WHEREAS, the CITY requires real estate appraisal services relating to potential
sales of properties at the intersection of South 7th Avenue and West Chestnut Street,
and at the intersection of South 3rd Street and East Walnut Street, Yakima, Washington.
WHEREAS, the CONTRACTOR represents that he possesses all necessary
permits and licenses to appraise real estate in Washington and that he is certified under
RCW Chapter 18.140, 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 January 31, 1995. 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 located at the intersection of South 7th
Avenue and West Chestnut Street, legally described as follows:
Lots 1, 2,15 & 16, Block 312, Capital Addition to the City of North Yakima, now
Yakima, as recorded in Volume A of Plats, Page 29, records of Yakima County,
Washington.
And property located at the intersection of South 3rd Street and East Walnut
Street, legally described as follows:
Lots 13,14,15 & 16, Block 73, Town of North 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 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, CITY shall pay CONTRACTOR an amount not to exceed
Nine Hundred Dollars ($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.
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
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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.
Al 1'EST:
CITY CLERK
r irN1RAC k0. _ t S
CITY OF YAKIMA
By:,
DICK ZAIS, City Manager
JOHN,
ohn/F. 'Fim n
(A024 S. 2nd Ave.
Yakima, WA 98902
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