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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. benson\timm/FS#2 & maggard December 8, 1994 4:13 PM 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, 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 benson\timm/FS#2 & maggard December 8, 1994 4:13 PM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 2 of 3 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 benson\timm/FS#2 & maggard December 8, 1994 4:13 PM AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES Page 3 of 3