85-0923 Poplar Creek Dike SS - 09
i a�
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMEN WITH NEIL K. STEFFENS
FOR APPRAISAL SERVICES FOR THE P•PLAR CREEK DIKE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Robert 0. Malm, Acting City Manager, be and is ereby authorized and directed to
execute an agreement on behalf of the City of Elgin ith Neil K. Steffens for appraisal
services for the Poplar Creek Dike, a copy of which is attached hereto and made a part
hereof by reference.
Richard L. Verbic, Mayor
Presented: September 23, 1985
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Marie Yearman, City Clerk
I1376.1
( • EXHIBIT 1B-2
AGREE1aTr FOR APPRAISAL -.7' CES (ACQuISITIM
1]•315 AGRE3yEtyr. entered into this 19 day of e p t e mb e r • 19 8 5 by and between
--II the City of lgin • State of
Ill1 n o 1 , hereinafter ref- • to as the Agency," and
N e i K. Ste t f e n s , hereinafter referred to as the "Appraiser."
1JIINESSETH THAT:
idERFAS, the Agency proposes to acquire certain -1 property and desires that the Appraiser
furnish the Agency certain services with respect to property, including an appraisal of each
parcel of the property, and the Appraiser represents • =t he is fully qualified to perform such
services and will furnish such services personally; and
SAS, the services to bet t i _.,eema►t are Necessary to achieve the purposes
of the Community Deve opmenBloc grant and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act 1970 (Uniform Act).
Fed, THEREFORE, the Agency and tine Appraiser. for • - consideration and under the conditions
. - hereinafter set forth, do agree as follows:
ARTICLE 1. Property To Be Appraised. A description of • - real property to be appraised, including
an identification o any interests in the real property • be specifically excluded frau appraisal,
are set forth in the attached Exhibit A. A separate ••-aisal is to be furnished for each "parcel."
(The term "parcel" means any tract or contiguous tracts •f land in the same ownership, whether any
such tract consists of one or more platted lots or a fr- tional part of a lot. An easement or other
separately held interest in two or more parcels shall be considered to be a separate parcel for
appraisal purposes and an exception to the title to the • cels so membered. An easement in a
i parcel that is appurtenant to another parcel to be • . ed by the Agency shall be considered to be
part of such other parcel and an exception to the title •f the parcel encumbered.) Each parcel shall
be considered to include all right, title, and interest •f the owner in or to any adjacent or abutting
streets, alleys, or other public rights of way.
ARTICLE 2. Purpose and Basis of Valuations.
• (a) Purpose and Significance of Appraisals. The appr is to be furnished under this agreement
are required by the Agency for its guidance in making f and inpartial determinations of fair
market value and the just compensation to be offered to -= property owner. The Appraiser shall
be guided by those objectives when estimating values. •• sisal reports will be reviewed carefully
by the Agency. Accordingly, the text of each appraisal -•• t must cover all netters germane to
the required valuation findings and must provide a full •••lanatio► of the Appraiser's reasoning
and his analyses of the evidences of value, so that a ewer will be able to folly the Appraiser's
analyses and understand by he reached his valuation -• •lusions.
(b) Appraisal Standards. The appraisals under this - t shall be based on nationally recognized
appraisal standards and techniques to the extent that • .1 principals are consistent With the concepts
of value and the rules on the admissibility of evidence • value under the eminent domain law of
the State. Factors relating to race, color, religion, or national origin, or tc racial, religious
and ethnic identification of neighborhoods are not rel t to the estimation of value and shall not
be considered in con=nection with appraisals of residential real property.
(c) Date of Valuation. The Appraiser's valuation shall • as of a date concurrent with the prepare-
• tion of his report, unless the Agency has specified same •• date of valuation.
(d) Relocation Assistance. The Appraiser's analyses and opinions of property value shall not reflect
any allowance for the relocation payments and other anis . provided under Title II of the Uniform
Act.
Or
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I 13 76.1
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EXHIBIT 1B-2 7
(e) Influence of Project on Property Value. In forming his opinion(sl , the Appraiser shall
disregard any decrease or increase in the fair market value of the real property to be acquired,
prior to the date of valuation, caused by the project far which the pr.•, is to be acquired,
or by the likelihood that the property would be acquired for such prof-- t, other than that due
to physical deterioration within the reasonable control of the ower. (In the case of a partial
acquisition, using the before-and-after method of valuation, the Appr, er's opinion of the value
of the remaining not-to-be-acquired portion of the property shall refl t any increase or decrease
in value attributable to the project.) If the determination of change, in value caused by the
project is a problem, the Appraiser's report shall cite the ruling fol • -• and its source and
shall explain the effect of the ruling an his opinion of value.
ARTICLE 3. Scope of Appraiser's Services. The Appraiser agrees to —form the following services:
(a) Appraise each parcel and prepare and deliver to the Agency, Id • 21 calendar days
after the date of this agreement, 3 copies of the appraisal r s conforming to the
provisions of this agreement. The Appraiser shall personally inspect - parcel, including all
buildings, structures, fixtures, and other improvements to the pr•., . The Appraiser shall give
the owner or his designated representative an opportunity to accompany the Appraiser during his
detailed inspection of the property. If the owner of a compensable interest in the property or a
representative of such owner does not accompany the Appraiser during . inspection, the Appraiser
shall include in his appraisal report a copy of his notification to - owner of the opportunity
to accompany the Appraiser and evidence of the owner's receipt of such .tification. In the process
of inspecting the property, the Appraiser shall, to the extent precti =n•le, ascertain the rights of
all parties in possession and note for consideration all factual inf. —tion and comments furnished
by the owner or his representative relevant to the appraisal.
(b) Testify as an expert witness in behalf of the Agency in any judic -1 proceeding involving any
property appraised under this agreement. Such services shall include - reasonable time as may
bbee required for reinspection of the property, updating the Appraiser's = cation, participation
in pretrial conferences with counsel for the Agency, and testifying in - judicial proceeding. The
tompensatian for such services shall be determined in accordance with isle 6.
(c) Modify or furnish supplements to any appraisal report furnished •-r this agreement, without
additional cost to the Agency, if (1) applicable principles of law with respect to the valuation
of the property require the modification or supplementing of such appra sal, (2) material omissions,
inaccuracies, or defects in the appraisal report are discovered after •livery and acceptance of
the report by the Agency, or (3) the Appraiser receives or becomes awar of relevant additional
appraisal information in existence prior to the date the Appraiser s -• the report. If there •
is a significant delay between the date of valuation and the date of ac• ition of any parcel or
if the property has been materially altered since the appraisal by a f ,e, a revised determination
of the boundaries of the property to be acquired, or other cause, the aiser shall, if requested
by the Agency, furnish the Agency a supplementary report updating this -luation and the supporting
data and analyses to a current date. The compensation for such updat of an appraisal shall be
determined in accordance with Article 6. •
(d) Estimate the value of any right or interest proposed to be r -• by the owner in a property
appraised by the Appraiser, such as an easement for access to other pr..- y of the owner, the right
to continue occupancy for an extended period after the Agency acquires •' property, or the right
to remove any building, structure, fixture, or other improvement. The -•".- tion to be paid to •
the Appraiser for furnishing any such valuation shall be determined in cordance with Article 6.
(e) Consult with the Agency and its legal counsel regarding services to be performed by the Appraiser.
at such timers) as may be mutually convenient for the parties to this • eenent. The Appraiser shall
initiate such consultations whenever he is in doubt as to whether an e1- - t of property is real or
personal property or needs legal advice on any aspect of the appraisals • be furnished under this
agreement. There shall be no charge by any party for such consultations
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1376.1
. 4I
' EXHIBIT 1B-2
ART'IQE 4. Contents of Appraisal Reports. Each appraisal report to be furnished by the Appraiser
under this agreement shall contain certain information and the Appraiser's conclusions and
opinions, together with the data and analyses by which they were derived, as set forth below.
•
A separate report shall be submitted for each parcel. However, if more than one parcel is to be
appraised, all general data may be included in a separate data volume that is referenced in the
separate appraisal reports an the individual parce:s. The appraisal report on each parcel shall
include the following:
(a) A surmm headed "Appraisal Report far (nave of the Agency)" that provides the following:
•
(1) Project name and number.
(2) Date of the report.
(3) Parcel number, address of the property, brief identification of all interests in the
property appraised, and the name of the owner(s) including any tenant-owners.
(4) Date(s) of the Appraiser's inspection of the property with the owner(s) or the owner's
designated representative, including the name of each owner or representative of an
owner who accompanied the Appraiser during his inspection and the interest held in the
property or the representative capacity of each such person.
(5) The Appraiser's estimate of the fair market value of the entire parcel and the fair
market value of the same interest in the land, as if vacant.
(6) The limiting conditions of the appraisal, which may include assumptions (1) that the
title is good and marketable, (ii) that no responsibility is assumed by the Appraiser
for legal matters, especially those affec:intg the title to the property, (iii) that the
legal description of the property and the interest in the property to be appraised,
ir ( furnished to the Appraiser by the Agency, is correct, and (iv) that no survey of the .
property has been made. My other appropriate assumption or limiting condition may be
• added if it has been specifically approved in writing by the Agency.
(7) The certifications of the Appraiser (i) that he personally made a thorough inspection
of the property, (ii) that, to the best of his knowledge and belief, everything contained
in the report is true and no relevant and important fact has been omitted, (iii) that
neither his employment nor his compensation is contingent an the valuation reported,
and (iv) that he has no past, present, or prospective interest (including that of real
estate agent or broker) in the property, the parties involved, or any other interest
that would conflict in any way with the services performed or the making of an
impartial report.
• (8) A certification that, in the Appraiser's opinion, the fair market value of the property
is (an amount to be stated) as of (the date of valuation).
(9) The signature of the Appraiser.
(b) The name and address of the owner of the property and the name and the ajdress, if known,
of any other party known or believed to hold a separate carpensable interest in the property.
(c) The street address and an accurate description of each parcel and all interests in the parcel
appraised. The property description shall identify all conditions, restrictions, easements,
servitudes, and reservations affecting the title. The property description shall specifically
exclude and describe any separately held interest in the property that is to be acquired separately
or as part of another parcel. The description shall also specifically exclude all separately
held interests which are not to be acquired and will not be affected adversely by the Agency's
project. If there are any separately held interests in a parcel, which are to be acquired with
other interests in the same parcel, such as leaseholds, tenant-owned improvements, life estates,
easements, and water, gas, oil, or mineral rights, a description of each such separate interest
and the name of its owner shall be furnished.
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1376.1 '
£.XflIBIT 1B-2
(d) Off-record title information concerning interests or instruments • affect title, but are
not of record, such as leases, options to renew a lease,cantracts of sale, and other interests or
rights of parties in possession. Such information shall be reported, and if available facts are
sufficient. the Appraiser's report Shall be based on such additional titl information and so noted
in the appraisal report. Otherwise, the Appraiser shall refer the matter to the Agency and defer
completion of the appraisal until the question is resolved.
(e) Basic property data including pertinent information with respect to „ matters as (1) the
enviromentaandd location of the property, (2) the zoning and any restrictive covenants, conditions,
or servitudes affecting the available use or occupancy of the lard, (3) • assessed value of the
real property and the current annual real estate tax burden, (4) the use . • occupancy of the
property at time of appraisal, (5) the public improvements, services, and ' lities serving and
providing access to the property. (6) the character, topography, dirensi. -, and area of the land,
(7) the freedom of the property from special hazards, (8) the current ren - and rental history of
the property, if rented, (9) the estimated annual costs of ownership and f. operation and maintenance
of the property, and (10) a description of the buildings, structures, and ether improvements, if
any, including relevant information as to type of improvement, designed , construction materials
and finish, equipment, dimensions, floor area, age, condition, space or •• arrangement, functional •
:tility, and any other characteristics or attributes of the improvements - - ,. - to the value of the
real property. The appraisal report shall contain a general sketch plat • _ the shape and
dimensions of the land, the location of the principal improvements on the •, the location of
any easements in the land, and the abutting streets, alleys, or other publ rights of way. The
report shall also include such photographs, each clearly identified, as be appropriate.
(f) Report of any condition or occupancy of the property in violation of aw that may affect the
value of the property.
(g) The ApVraiser's opinion as to the highest and best use for the p . The appraisal report
shall also include the Appraiser's opinions as to any other use(s) for whi the property is
reasonably suitable or adaptable. If the property is unused vacant land or the highest and best
is not self-evident or is found to differ significantly from the presen use, the appraisal
. ,ort shall contain the analyses by which the Appraiser reached his eancl ions as to the highest
and best use and as to the relative suitability or adaptability of the • for any other use(s)
far which the property could reasonably be considered to be suitable or --table. The analysis of
a potential use shall include consideration of relevant matters, such as • - suitability of the
location, the envirarment and the legal and physical attributes of the pr.., for such use, the
estimated cost, if any, of converting the property to such use, and the •••ly, sale price levels,
and relative desirability of other properties that would compete for the kind of use. The
analysis of the property for the future use or uses found to be the highest and best use is part
of the process of appraising the property and, therefore, may be included the valuation analysis
furnished in accordance with Paragraph 4 (h) below.
. The opinion of the Appraiser as to the fair market value of the • ••- The appraisal report
shall contain a description of the reasoning process used by the Appraiser • reaching his conclusion •
as to value and all data and analyses needed to explain and support his veil tion. The supporting
data and analyses furnished in the appraisal report shall include, the fo
(1) An analysis of the property, from the point of view of evaluating • effect of its
characteristics and attributes on its value for the available use • uses far which the
property is best suited. Particular attention shall be given to • characteristics of
the property most relevant to its value, such as, in the case of investment property, _
the income potential and the expenses of ownership, maintenance, • operation.
(2) An identification of the most recent sale of each property -• and any other sales
of such property during the last (5) years preceding the appraisal. Such sale(s) of
the property appraised and all recent sales of ca pareble propertie considered by the
Appraiser in fanning his opinion(s) of fair market value shall be - ied insofar as
practical. The information furnished with respect to each such sal shall include.
among other pertinent facts, the names of the grantor and grantee, • date of the
sale, the sale price, any special terms or conditions or circums of the sale that
affected the transaction, and a description of the property and its condition at time of
sale in sufficient detail for use in making the appraisal.
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1376.1
iEXHIBIT 1B-2
(3) The analyses that constitute the principal basis for the Appraiser's opinion of the fair
market value. The appraisal report shall contain the Appraiser's evaluation with respect
to previous sales of the property appraised and any recent offer of the saner to sell the
• property. The appraisal report shall also contain the Appraiser's analysis of each
comparable property and its sale in relation to the proi,_rty appraised. The Appraiser's
analysis shall reflect appropriate allowances for the difference in the time of the sale
of the comparable properties and the date of appraisal and the differences in the utility,
desirability, and productivity of the properties that are pertinent to their relative
value. The appraisal report shall contain a valuation data map showing the location of
the property appraised and the comparable properties referred to in the appraisal report.
(4) All other information, analyses, and estimates considered by the appraiser to be relevant
to the estimation of the fair market value of the property.
(5) If the property appraised is part of a larger parcel in the same ownership or is less than
the entire interest of the owner in the property, the appraisal report shall contain the
• Appraiser's opinion of just compensation for a taking of such property or interest,
using the before-and-after method of valuation as interpreted under State law unless it
is obvious that there would be no damages or benefits to the remaining property or
interest of the owner. However, if the part or interest to be taken is such a small
part of the whole property that the damages for the taking can be more accurately
estimated directly, that method may be used if permitted under State law, without
estimating the fair market value of the entir property of the owner. The foregoing
opinions of the Appraiser shall be supported in his report by the data and analyses by
which he reached his conclusions.
For information purposes, the appraisal report shall also contain the Appraiser's estimates
of the fair market value of the to-be-acquired part or interest as part of the whole
f property and the net damages or benefits to the remaining property of the owner. If in
the opinion of the Appraiser, acquisition of the part of, or interest in, the property
ILproposed for acquisition weld leave the owner with an noneconomic remnant, the Appraiser
shall furnish a separate estimate of the fair market value of a "parcel" comprising both '
t`� parcel proposed for acquisition and the uneconomic remnant. (A remainder parcel
( interest shall be considered to be an uneconomic remnant if by itself it has little
no utility or value to the owner.)
(6) Such maps, plans, photographs, or other ethibits, as necessary. to explain or illustrate
analyses of the Appraiser.
(7) Thu Appraiser's evaluation of the indications of value deduced from his separate analyses
of the various evidences of value and an explanation of how he reached his final
conclusion as to the fair market value of the property.
(i) The opinion of the Appraiser as to the fair market value of the land, as if vacant. The
valuation shall be for the same interest in the land as is to be acquired in the real property.
The report shall contain information with respect to the available use or uses for which the
land would be suitable if vacant, the opinion of the Appraiser as to its highest and best use,
and the Appraiser's analysis of the evidences of value and of the use potential by which he
reached his conclusions as to the highest and best use of the land and the land value.
(j) A property analysis if the property is a commercial, industrial, institutional. governmental,
or farm property that involves substantial quanntities and kinds of fixtures such as machinery
and equipment. Any building, structure, fixture, or other improvement, which would be real property
if owned by the owns of the land, shall be considered to be real property (even if the improvement
is the property of a tenant who has the right to remove it or the obligation to remove it at the
expiration of his term). Theysis must be approved
1 by the Agency before the appraisal
is completed and, as approved yAgency, shall be included as an exhibit in the Appraiser's
report. The property analysis shall list, identify, and classify as to ownership and type of
improvement. all items of physical property considered to be part of the real property. The
property analysis shall also identify tangible personal property located on the premises to the
extent reasonably necessary to prevent misunderstandings as to what is regarded as being real or
personal property. Buildings, structures, fixtures end-other improvements. including their accessories
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1376.1
EXHIBIT 1B-2
. and spare parts, shall be identified and classified as to ownership and type of property as follows:
(1) -Ownership.
(i) Owner of the land.
(ii) Each tenant in occupancy.
(iii) Each non-occupant owner of any fixtures or other improvements, or personal
property on the premises.
(2) Type of property.
(i) Building, structure, or fixed improvement.
(ii) Building equipment, removable.
(iii) Fixtures, classified as to whether economically r •le for reuse, removable
for salvage only, or irremovable.
(iv) Personal property, identified as to types and aPpr•.• –te amounts, or otherwide,
as needed to prevent misunderstandings as to the class, icatian of any item.
If any building, structure, fixture or other improvement is not to be at. •, will not be adversely
affected by the Agency's project, and will not be required by the Agency to be removed, such as a
pipeline in an easement not to be acquired, such improvement shall be tified as excluded
from the appraisal,
(k) If machinery and equipment or other fixtures used in a trade or bus -s, farm operation, or
.nstitutionaI or governmental function constitute part of the real pr.—. , the appraisal report
11 contain a separate schedule which provides separate estimates for - such item, as
:scribed below. If there is more than one owner of such items, a —ate schedule shall be
furnished for each owner. The information and conclusions to be furnis -• on each item are as
follows:
(1) Description of the item, including, as appropriate, the msrnifac , er, model and serial
number, size or capacity, age and condition, and degree of obso) sconce. Accessories
and spare parts, special foundations, and power wiring and proc =s piping generally
shall be listed separately, following the listing of the iten(s, to which they apply.
(2) Estimate of the replacement cost installed of the item as lis and identified (excluding
any elements listed separately). Separately identify the basis of estimated replacement
cost (new or used).
(3) The contributive (enhancement) value of the item to the fair •• t value of the real
property as a whole.
(4) Estimated fair market value of the item for removal from the • - at a purchaser's
expense. Such value shall be considered to be the probable sell. price if the item
were offered for sale for removal from the at the • s expense, allowing
a reasonable time to find a purchaser buying with ledge of • uses and purposes
for which it is adaptable and capable of being used, including vage for serviceable
components and scrap when it appears that will provide the :t value.
The schedules) of estimates shall be consistent. with the property analys approved by the Agency,
as provided in Paragraph 4 (j*). The Appraiser is permitted to use the , es of such technical
specialists as may be needed to enable the Appraiser to provide valid est -tea and sound valuations.
The schedules) shall be supported by an explanation of the procedures fol • -• in gathering the
necessary market information and technical data. The principal purpose of the Appraiser's accompanying
narrative, however, must be to explain his analyses and his evaluations of the dollar amount of the
overall contribution of the machinery, equipment, and fixtures to the fair t value of the real
property as a whole. The report shall contain any layout plans. sketches, photographs that are
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( 1376.1
...•••••• EXHIBIT 1B-2
reasonably necessary for locating or identifying the f• lities or illustrating the Appraiser's
analyses. -
(1) If there are separately held interests in the real property to be acquired, such as easements,
leaseholds, air rights, life estates, and oil, gas, or .• al rights, and the division of aanership
• is not of such character as to destroy the practical ty of the property, the Appraiser shall
apportion his estimate of the fair market value of the . ••- (all interests in the property to
be acquired) to each separately held interest. • , tenant-owned improvements shall be valued
• in accordance with Paragraph 4 (m) below.) The report = 1 contain the data, analyses, and
reasoning by which the Appraiser made the apportionment If the "unit rule" is regarded as not
applicable because the division of ownership is such as to diminish the fair market value of the
property as a whole, the separate interests involved = 1 be appraised separately.
(m) Tenant-owned improvements. If any building, strut. . fixture,fixture, or other imaprovasent to the
property is-identified as being the property of a Lanni who has the right or obligation to remove
it at the expiration of his term, the Appraiser's est' , e of the fair market value of the improve-
- vent shall be the greatest of (1) the amount which the • • augment contributes to the fair market
value of the property, (2) the in-place value of the .•. oveme t as part of the real property
(the depreciated replacement cost of the improvement ins led), or (3) the fair market value of
the improvement for removal frau the property at the -. 's expense. The appraisal report
shall state the basis for the valuation of the impr• t and furnish the data and analyses on
which the valuation was made.
(n) If the property is a multifamily or mixed-use (res tial and nonresidential) property and
an owner of a compensable interest in the property also • •ies a dwelling in the property, the
Appraiser shall furnish an apportionment of his estimate of the fair market value of the whole
property to such dwelling and to the remainder of the pr••-. . For the purpose of this paragraph,
an occupant of a dwelling shall be considered to a'n a •• • - --•le interest in the property if
he holds fee title, a life estate, a 99-year lease, or a,lease with not less than 50 years to run
frac, the date of valuation, or holds an interest in a • ative housing project which includes
the right to occupy the dwelling, or is the contract par. cer of any of the foregoing estates or
• interests, or has a leasehold interest with option to • -Chase. The Appraiser's report shall
explain how he made the apportionment.
ARTICLE 5. Services To Be Provided by Agency. The • agrees to furnish the Appraiser the
fol lowing:
(a) A map or plat, based on official records, of the • described in Article 1, showing the
`vaa�aaries anea aimu3nsions of the parcels to be appraised. Each parcel shall be designated by a
number, and the parcel numbers shown on the Appraiser's shall correspond to the parcel
umbers shown on the map or plat. However, additional 1 ambers may be assigned by the Appraiser
for easements appraised separately or for additional par s revealed while making the appraisals.
The Appraiser shall promptly advise the Agency of any • additions.
(b) M ownership data report for each parcel. That will show all estates and interests in
the parcel as shown of record and consequently shall net •- assumed to accurately define the
- - interests to be appraised. The ownership data report an parcel as shown on the parcel tap will
include:
(1) The name (and address, if available) of the • appearing on record;
(2) The legal description of the parcel as shown by the comveyance(s) by which the record
owner acquired title;
(3) Identification of the conveyance(s) by which - present owner acquired title, including:
the date of the conveyance(s); the date, bode • page ambers, and place of recordation;
the tame (and the address, if available) of the :antor of such conveyance; the stated
• consideration; the amount of any mortgages or - ances placed of record or to which
title was subject at time of conveyance (so far • determinable from an examination of
the conveyance); and the amount of any State or local transfer taxes that were based on
the amount of the consideration;
1 (4) Outstanding estates and other rights or interest- of record, Including easements
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1 1376.1
EXHIBIT 1B-2
memenielesiasemomm
restrictions, mineral rights, leases, and any known, but •, interests of other
parties. Sufficient information shall be furnished to disci.— the probable effect of
such outstanding interests an the title of the record owner; .
(5) Outstanding special assessments, if any, for public ..• • - -. is mob as streets, sidewalks,
public utilities, and similar public facilities;
(6) The amount of real estate teres for the current year and the sessed valuation stated
separately for land and for improvements.
(c) Legal advice, upon request of the Appraiser, an legal matters ing the appraisal of any
property to be appraised.
AEIQE 6. Payment. In consideration of the services provided by the •• aiser under this agreement.
the Agency agrees to make payments to the Appraiser upon the submission to the Agency of properly
certified invoices, as follows:
(a) For appraisal reports accepted by the Agency, and for all other -• - furnished in accordance - -
with Article 3, except services furnished in connection with judicial ••• eedings under Paragraph 3(b),
the updating of appraisals under Paragraph 3(c) and to valuation of - tions of rights in
owners nailer Paragraph 3(d), the lump sum of :550 .0U dollars. shall constitute full
payment to the Appraiser for all of such services and for all supplies, terials, and equipment •
used or furnished by the Appraiser aid all expenses incurred by the •• = in connection with the
performance of such services.
(b) For services furnished by the Appraiser in connection with judicial proceedings as provided in
Paragraph 3(b) (except services as an expert witness in such a proc--•' .), the updating of appraisals
as provided in Paragraph 3(c). and the valuation of reservations of righ = in owners as provided in
Paragraph 3(d), dollars per hour or fraction of an actually engaged in
performing the services, including travel time. All expenses of the Ap., -'ser, including travel
verse and subsistence. shall be borne by dee Appraiser. •
(c) For services as an expert witness for the Agency in judicial proc--•' -s as provided in
ParParagraph 3(bb)isa a praise shall he Agn�0 Oe y �ee that the fair • • reasonable compensation
Appr dollars for day's attendance in cast.
AM IQE 7. Agreements of Appraiser. As an inducement to the execution a this agreement by the Agency
and in consideration of the agreements to be performed by the Agency, the Appraiser agrees that:
(a) Qualifications. The Appraiser is qualified to perform the services • be furnished wider
this agreement and is permitted by law to perform such services, and all annel engaged in the
work shall be qualified and so permitted to do the work they perform. At -- as Exhibit B, is a
statement by the Appraiser, certified by him to be true and correct, sett forth his technical
qualifications, general appraisal experience, specific experience in appr ing properties of the
type involved in this agreement, the casts in which he has testified as expert witness, and other
information pertinent to establishing his technical qualificati:ons.
(b) Solicitation of Agreement. The Appraiser has rot employed any • - • to solicit this agreement
and has not made, and will not sake, any payment or any agreement for the • ymesnt of arty commission,
percentage, brokerage, contingent fee, or other compensation in connect • with the procurement of
this agreement.
(c) Interest of Appraiser and Appraiser's Employees. The Appraiser does .t have any interest
(including that of real estate agent or broke ), direct or indirect, pre t or prospective, in
any property described in Article 1 or in its sale, or any other interest, whether or not in correction
with the property. which would conflict in any merrier or degree with the • formic* of the services
and the arbmissian of impartial reports, and has not employed and will not employ, in connection with
the services to be furnished under this t, any person having any • - interest. Until the
property is acquired by the Agency or excluded from its project by resolu 1. of its governing body.
the Appraiser and any employees of the Appraiser. so long as they are amp • by the Appraiser,
will not acquire any such interests and will not, for their own account or •• other than the Agency
negotiate for any of the property, perform services in correction with due • •. - ., or testify
voluntarily as a witness in a condemnation or other proceedinng with respect to the crooerty.
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[ 1376.1
• f (..or EX}IIBIT 18-2
(d) Services To Be Confidential. All services, incl _ reports, opinions, and information, to be
furnished under this agreement are confidential and , 11 not be divulged. in whole or in part, to
any person, other than to duly authorized representati - of the Agency, without prior written
1 - approval of the Agency, except by testimony under oath . a judicial proceeding or as otherwise
required by law. The Appraiser shall take all maces= -. , steps to ensure that no member of his staff
or organization divulges any such information except as may be required by law.
(e) Facilities and Personnel. The Appraiser has and 11 continue to have proper facilities and
personnel to perform the services and work agreed to be performed. If the Appraiser proposes to
employ any person or persons to make any appraisals of chinery and equipment or other specialized
elements or attributes of a property appraised under • - agreement, the employment of such person
or persons for such purpose shall not place the Agency any obligation of such employee, nor
relieve the Appraiser of full responsibility for the fa thful performance of the services to be
furnished under this agreement.
(f) Equal Employment Opportunity. During the per-f• of this agreement:
(1) The Appraiser will not discriminate against - , employee or applicant for employment
because of race, color, religion, sex, or Hari. 1 origin. The Appraiser will take
affirmative action to ensure that applicants . e employed, and that employees are treated
during enployment, without regard to their rac-, color, religion, sex, or national origin.
Such action shall include, but not be limited •, the following: employment, upgrading.
demotion, or transfer; recruitment or recrui— t advertising; layoff or termination;
rates of pay or other forms of compensation; • selection for training, including
apprenticeship. The Appraiser agrees to post conspicuous places, available to
•
employees and applicants for employment, roti-.s to be provided by the Agency setting
forth the provisions of this nondiscrimination clause.
(2) The Appraiser will, in all solicitations or • - isements for employees placed by or an
Or
behalf of the Appraiser, state that all qualif'ed applicants will receive consideration
for employment without regard to race, color, igion, sex, or national origin.
(g) Assignment. The Appraiser's rights, obligations, • duties winder this agreement shall not be
assigned in whole or in part, but this shall not prohibit the assignment of the proceeds due under
this agreement to a bank or financial institution. This eeme<nt may be assigned by the Agency to
any corporation, agency, or instrumentality having author ty to accept the assignment.
(h) 8ubcontractinR. None of the work or services -• - -• by this agreement shall be subcontracted
without the prior approval of the Agency.
(i) Records. The Appraiser shall maintain records of al details with respect to the services to
be performed under this agreement, including one complete copy of each appraisal report and related
notes, for three (3) years after delivering the report or until the property is acquired by the
Agency or the acquisition is abandoned,ndorned, whiche er is let-..
. (j) Affidavits of Compliance. The Appraiser will, if -•' -- ed by the Agency, furnish the Agency
affidavits certifying compliance with the provisions of - ' Article 7.
ARTICLE 8. Changes. The Agency, by written notice to the aiser, may modify the scope or quantity
of the services to be furnished under this agreement. If chaanges cause an increase or decrease
• in the amount of services to be provided by the Appraiser ., in the time required for their performance,
equitable adjustment shall be made in the provisions of - agreement for payments to the Appraiser
or for the tine for performance of the services or for bo• , and this agreement shall be modified by
agreement of the parties accordingly.
ARTICLE 9. Termination of Agreement far Cause. If, - any cause, the Appraiser shall fail to
fulfill in a timely and proper manner his obligations .-• this agreement.nt. or if the Appraiser shall
violate any of the provisions of this agreement, tine - mazy upon written notice to the Appraiser
terminate the right of the Appraiser to proceed under this - t or with such part or parts of
the agreement as to which there has been default, sodomy • d the Appraiser liable for any damages
caused to the Agency by reason of such default and terminat. . . In the event of such termination,
•' any completed reports prepared by the Appraiser under this- _• --.,- t shall. at the option of the
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1
I
. i
I
1376.1
cXHIBIT 1B-2
Agency, became its property and the Appraiser shall be entitled to recei equitable compensation
for any Work caspleted to the satisfaction of the Agency. The Appraiser, however, shall not thereby
be relieved of liability to the Agency for damages sustained by the Ag- by reason of any breach
of the agreement by the Appraiser, and the Agency may withhold any paymmen - from the Appraiser for
the purpose of setoff until such time as the amount of damages due the Ag_- from the Appraiser is
determined. The Appraiser shall not be held liable for damages under thi Article solely far reasons
of delay if the delay is due to causes beyond his control and without his fault or negligence, but
this shall not prevent the Agency from terminating this agreement because of such delay.
ARTICLE 10. Interest of Members of Agency. No camber of the Agency shal participate in any decision
relative to this agreement affecting, directly, or indirectly, his per-• = interests. No such
member and no other officer, agent, or employee of the Agency having any , spansibility or function
in connection with this agreement shall have any private interest, direct or indirect, in this
agreement or the proceeds of this agreement.
ARTICLE 11. Officials Not Tb Benefit. No Bamber of ar Delegate to the • : ess of the United States
of America, and no Resident Commissioner, shall be admitted to any share - part of this agreement
or to any benefit to arise fram the same. - •
ARTICLE 12. Notices. Any action bythe Agency under this agreement may • taken by
Robert Mim or such
other person(s) as the Agency may, by written notice to the Appraiser, de-ignate for such ptspose.
All notices to the Appraiser shall be considered to be properly given if iled to the address
specified below, or delivered personally to the Appraiser. A11 notices • other papers given
to the Agee shall be considered to be sufficientlyOven if mailed, pos. - to
the City of Elgin , at 150 Dexter Court , in, IL 60120
or to such other representative or address as the Agency may designate to - Appraiser in writing.
IN WI'IIESS EDF, the Agency and the Appraiser have executed this : - t an or as of the
late first above written.
Neil K. - "
58 Capulet Court
(Street .•' ess)
( .t nState) 60120
Z>p Code)
City of E1 • in
BY:
Robert Mal
Acting City anager
(Tit e)
9/79
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