HomeMy Public PortalAbout059-CSX Rail CorridorAGREEMENT FOR APPRAISAL OF REAL ESTATE
THIS AGREEMENT made and entered into this /64' day of 2004 by and
between the City of Richmond, Indiana, a municipal corporation cting by and through its Parks
and Recreation Department (hereinafter referred to as the "City")
6320 Rucker Road, Suite D, Indianapolis, Indiana 46220-489 (hereinafter referred rt as the AI,
rt
"Contractor").
SECTION I: STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide an appraisal of the real estate commonly known as the
CSX Rail Corridor, which will be more particularly described in a document provided w the City
at a later date.
A certain Request for Quotes dated March 11, 2004, has been made available for inspection by
Contractor, is on file in the office of the Director of the Parks and Recreation Department and is
hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide
by the same.
The response of Contractor to said Request for Quotes is attached hereto as "Exhibit A", which
Exhibit is dated March 29, 2004'consists of two (2) pages, and is hereby incorporated by
reference and made a part of this Agreement.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for any
incidental to the proper completion of all work specified.
Such appraisal performed by the Contractor shall meet all applicable standards of professional
competence for real estate appraisers. Additionally, Contractor shall be available to and shall
respond within a reasonable time, to any questions City or third parties dealing with the City may
have regarding such appraisal.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until a purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Six Thousand Five Hundred Dollars
($6,500.00) for complete and satisfactory performance of the work required herein.
Contract No. 59-2004
Page 1 of 5
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
Contractor expressly agrees to provide complete appraisal of the CSX Rail Corridor within 60
3V
days after Contractor receives authorization to begin the subject work and receives a reasonably
accurate description of the property to be appraised. Contractor shall be available to respond and
shall respond within a reasonable time to any questions regarding the appraisal the City or third
parties dealing with the City may have for a period two (2) years following the execution of this
agreement. Contractor further agrees to maintain all notes, records, journals, photos, videotapes
or any other items detailing the appraisal or used in completing the appraisal and to allow City to
inspect the same upon request.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of report or other work product that is
incorrect, incomplete or does not meet reasonable professional standards of appraisers in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made;
e. unavailability of sufficient funds to make payment on this Agreement; or
f. impossibility due to destruction of the subject matter of the contract.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement setting forth the reasons for such termination, the effective date, and in the
case of partial termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Page 2 of 5
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
/Vol XPP-1cpd1_e- AJO E-MPe-oyd ES
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
$300,000 each occurrence
$100,000 each occurrence
Nor tAPPLIGASi_cz- lVe EnoPc.oyC"E'S
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the C;t;, a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
Page 3 of 5
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION IX. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither F w*ty may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation, without the prior written consent of the other party, shall be void. This Agreement
shall be controlled by Indiana law and shall be binding upon the parties, their successors and
assigns. This document constitutes the entire Agreement between the parties, although it may be
altered or amended in whole or in part at any time by filing with the Agreement a written
instrument setting forth such changes signed by both parties. Any previous discussion, negotiation
or dialogue relating to the subject matter contained herein is superseded by this Agreement.
Furthermore, both parties agree that no discussion, representation or negotiation, other than that
contained herein, has transpired relating to the subject matter of this agreement and that neither party
is relying upon any negotiation or discussion that took place prior to this agreement.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
Page 4of5
The parties hereto submit to the venue and jurisdiction of the courts of Wayne County, Indiana,
and suit arising under this Contract, if any, must be filed in said courts. By executing this
agreement, Contractor expressly waives the right to, and is estopped from, bringing any action
regarding this agreement in alternative courts, tribunals or venues. The parties specifically agree
that no arbitration or mediation shall be required prior to the commencement of legal proceedings
in said Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
If Contractor fails to maintain records of the appraisal or to respond to questions regarding the
appraisal, Contractor shall be liable for any and all actual and consequential costs incurred by the
City resulting from Contractor's omission/s, including but not limited to City's reasonable
attorney's fees.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies at law or in equity, Contractor shall be liable for all costs incurred by City due to the
enforcement of this Agreement, including but not limited to City's reasonable attorney's fees.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
�Y OF RICHMOND,
A by and through its
Recreation Department
I0
Date: b r 1— V
APPROVED:
Sarah L. Hutton, Mayor
Date: / / f Q�
"CONTRACTOR"
ROBERT C. BOMMER
By: &U41 d.
/Robert C. Bommer
Date: b"/ C7 r a V
Page 5 of 5
Robert C. Bommer, MAI
Appraisal
Intute, -Y
sti
March 29, 2004
Real Estate Appraiser and Consultant
6320 RUCKER ROAD - SUITE D - INDIANAPOLIS, INDIANA 46220-4898
BUSINESS (317) 257-6255, EXTENSION 301 - FAX (317) 252-5275
Richmond Park And Recreation Department
50 North Fifth Street
Richmond, Indiana 47374
Attention: Mr. Stanton Lambert
Re: Appraisal Fee Estimate
CSX Abandon Corridor
Annelies S Conti Tract
SMP Property Tract
Dear Mr. Lambert:
Thank you for taking me on a tour of these properties on Thursday March 18, 2004. As I
indicated to you at that time I would see what kind of sales information was available to
use as comparables to appraise these properties. At this point the only data I have
access to for the CSX corridor appraisal is rather dated information. The SMP property
tract will likely require some relatively poorly located small industrial tracts that will not
likely be of any use to the corridor appraisal report. Trying to find any sales that are even
remotely similar to the Annelies S. Conti tract will be quite difficult to almost impossible.
On the Conti Tract, any fee I would quote is likely higher than the value of the property.
This property report could likely be appraised on a market estimate report with very little
documentation for the value. '(i.e.) Conversation with local brokers, A, B, & C and local
appraisers, D, E, & F lead this appraiser to estimate the value of the property at $.
Sources would be cited.
The CSX rail corridor and the SMP property would be appraises in two complete self-
contained narrative reports in accordance with the Uniform Standards pf Protessional
Practice of the Appraisal Foundation. These reports would include the supporting data in
the appraisal reports.
My fee estimate to appraise all three parcels, as a package would be $10,000, broken
down as follows:
CSX Corridor
$6,500
SMP Property ---------------------------------------------- $2,500
Annelies S. Conti Tract
1 500
Total Package Fee Estimate For All Three Parcels -------- $10,000
EXHIBIT PAGE 1 Qf 2-
As an alternative you may want to consider getting a local appraiser to appraise the
SMP property and the Annelies S, Conti property, because I doubt that the appraised
value of either of these properties would exceed a value of $25,000 where you would
need a second appraisal report. You could likely get a substantially lower fee on these
two appraisals from a local appraiser. If you would choose to do this, I would appraiser
only the CSX corridor where you are in need of a second report, but my fee for the
corridor report only would then be $7,500.00
If you choose either option, or don't decide to use my service, I have no problem
whatsoever, with the City of Richmond's choice.
Thank you for the opportunity to provide this estimate. I look forward to working for the
City of Richmond if they decide to use my services.
Enclosed please find a copy of my qualifications as a real estate appraiser
Sincerely,
R44i c. ja4rv-X4..a,
Robert C. Bommer, MAI, SRA
Indiana Certified General Appraiser
Number CG69100182
EXHIBIT I PAGE r� �
- -E -
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Insurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Insured's Name and Address Aoent's Name. Address and Phone Number (Aot./Dist.)
Robert & Sandra Bommer Garry J Busald (317) 780-0778
6320 Rucker Rd Ste D 7210 Madison Ave. Suite M
Indianapolis, IN 46220-4879 Indianapolis, IN 46227 (200/558)
This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
COVERAGES
This is to certify that policies of insurance listed below have been Issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
POLICY DATE
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
EFFECTIVE EXPIRATION
Mo Day, Yr Mo Day, Yr
Homeowners/
Bodily Injury and Property Damage
lehomeowners Liability
Each Occurrence $ 000
Liability
Bodily Injury and Property Damage
LBoatowners
Each Occurrence $ 000
onal Umbrella Liability
Bodily Injury and Property Damage
Each Occurrence $ '000
Farm/Ranch Liability
Farm Liability & Personal Liability
Each Occurrence $ 000
Farm Employer's Liability
Each Occurrence $ 000
Workers Compensation and
Employers Liability t
Statutory
Each Accident $ 000
Disease - Each Employee $ '000
Disease - Policy Limit $ '000
General Liability
® Commercial General
Liability (occurrence)
General Aggregate $ 2,000 000
Products - Completed Operations Aggregate $ 2,000 ,000
Personal and Advertising Injury $ 1,000
.000
Each Occurrence $ 1,000 ,000
❑
Damage to Premises Rented to You $ 50 000
Medical Expense (Any One Person) $ rj 000
Businessowners Liability
13-X20242-01-00
5/24/2004
5/24/2005
Each Oocurrencett $ 1,000 ,000
Aggregatett $ 2,000 ,000
Liquor Liability
Common Cause Limit $ '000
Aggregate Limit $ .000
Automobile Liability
❑ Any Auto
Bodily Injury - Each Person $ '000
❑ All Owned Autos
❑ Scheduled Autos
Bodily Injury- Each Accident $ 000
❑ H:rcd A.;*
Property Damage $ 000
❑ Nonowned Autos
❑
Bodily Injury and Property Damage Combined $ 000
Excess Liability
❑ Commercial Blanket Excess
Each Occurrence/AggregateEl $ 000
Other (Miscellaneous Coveranes)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS /SPECIAL ITEMS
t The individual or partners shown as insured El Have ❑Have not
elected to be covered as employees under this policy.
t t Products -Completed Operations aggregate is equal to each
occurrence limit and is included in policy aggregate.
L____:7__CERTIFICATE
HOLDER'S NAME AND ADDRESS
CANCELLATION
City of Richmond of Indiana
IM Should any of the above described policies be cancelled before the
expiration date thereof, the company will endeavor to mail •( days)
written notice to the Certificate Holder
50 N 5th St
Richmond, IN 47374
named, but failure to mail such
notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives. *10 days unless different
number of days shown.
❑ This certifies coverage on the date of issue only. The above
described policies are subject to cancellation in conformity with their
terms and by the laws of the state of issue.
DATE ISSUED
06/07/2004
AUTHORIZ EPRESENTATI�
U-201 Ed. 5/00 Insured Sock No. 06668 Rev. 7/02
'.OR® .-CERTIFICATE OF LIABILITY INSURANCE `�D TCe'l(MM//Y)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Weaver, Miller, Sokol & Phillippe ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insuronrr gency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6302 Rucker Road, Suite I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Indianapolis, IN 46220 COMPANIES AFFORDING COVERAGE
COMPANY
A
INSURED
COMPANY
Robert Bommer B
Sandra Mommer COMPAW
157 S Mitthoeffer Rd C
Indianapolis, In 46229 COMPAW
D
COVERAGES
Grange Mutual Casualty Co
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANOINO ANY REQUIREMENT. TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 13SUE0 OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POWES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO POLICY EFYMME POLICY EXPIRATION
LTR TYPE Or INSURANCE POLICY NUMBER ' DATE(MIJDDJYY) OATE(MM/DDlYY) LIMITS
GENERAL LIABILITY
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AUTOMOBILE
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SCHEDULED AUTOS500,000
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FA 6416170
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CERTIFICATE HOLDER
Dept ofP rks & Regreation
City of Richmond Indiana
50 N Fifth St
Richmond, In 47374
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SHOULD MY" THE ABOVE DESCRIBED Pawn BE CANQUED Buat1E THE
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DAYS TMMTM 0IKETO THE CMTWWATEHOLM NAMED TO THE LDT.
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