HomeMy WebLinkAboutR-1995-011 Western Appraisers, Inc.RESOLUTION NO. R-95- 11
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute an agreement for professional
real estate appraisal services with Western Appraisers, Inc.,
relating to potential purchase of property within the City.
WHEREAS, it has been proposed that the City of Yakima enter into certain
real estate transactions involving several 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 CITY 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 several parcels of land
which are set out in the attached agreement, which is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 24thday of January 1995.
(1s)res/western lap
J.
Assistant Mayor
AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES
THIS AGREEMENT, is made and entered into this 24th day of January,
1995, 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., a Washington corporation, (hereinafter referred to as
"Contractor").
WHEREAS, the City requires real estate appraisal services relating to
potential purchases of the following parcels of real property:
191330-14443
191330-14445
191330-14446
191330-14447
191330-14448
191330-14542
191330-14546
191330-14456
191330-14458
191330-14459
191330-14460
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 February 21, 1995. This Agreement may
be terminated by either party by giving not less than three (3) days' written
notice to the other party except for nonpayment of fees. Any continuation or
renewal of this Agreement shall be the subject of further negotiation between
the parties.
2. Contractor shall, based upon the highest and best use of such property,
determine the fair market value of the following parcels:
191330-14443
191330-14445
191330-14446
191330-14447
191330-14448
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(ls)agr/western lap
c'r ( coiiTRACT NO.
C\-/\ 0
191330-14542
191330-14546
191330-14456
191330-14458
191330-14459
191330-14460
Contractor shall prepare a full residential summary report which
includes a property description, improvements, and condition of both site and
building. Areas to be covered are parcel number, legal description, taxes,
property and location maps, description of residence and appropriate
discussion. Market Approach and Cost Approach to value will be used for each
property, with the Income Approach to value being utilized when properties are
nonowner occupied. The report will be such as is used by banks, savings and
loan institutions, and other mortgage lending entities for loan purposes. It will
be prepared according to current USPAP and FIRREA guidelines.
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 Second 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 Two
Thousand, Seven Hundred Fifty Dollars ($2,750.00).
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 set forth herein or to any other address of which
written notice of change is given.
7. The waiver by Contractor of 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.
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(1s)agr/western lap
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.
CITY OF YAKIMA
By: ti's
Dick Zais, qty Manager
A'IThST :
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(1s)agr/western lap
y Clerk
WESTERN APPRAISERS, INC.,
a Washington Corporation
By. :
JohnTimm, President
,1024 South 2nd Avenue
Yakima, WA 98902