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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 t X caAaTRcK aWRK Lwanr aetinALAacr[Wrt FROOXrf•CONI'AY`AOO t ClAA6 MADE OCCLO FOIE0YAIADYtU1R/ t (NMM t CORIRACTORS r"T EACHOOMWO CE t FMDMQM LV WL'o t I.lOEA7 IMywlrrl t AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS500,000 HIRED AUTOS NON -OWNED AUTOS FA 6416170 04/04/04 10/04/0 C0AVZDTNOLELW t MDIY W,wI SooAYFum P+AfO� 1 500,000 FROFEAiYDAMMA t GARAGE LIABILITY Nn0OIAY.EAACLOEM I ANY AUTO oncR MIN w.no war EACHACCOEM _ t AWNGAIE t EXCESS LIABILITY E AO40CDk4We4M t UMBRELLA FORM 0.Q- R.W k.FM'A FOIM AfgI1EWrt t i lYORMG'f COMPENSATION AND ET/lOYERf'LIABILITY Mc sren. roR+lARs a Rowsw1oy r.rtneRreaam+e "� OitA.ERy AI✓t E11a ELEACHACCW4 ELOM AK-Facrwt t t OTHER EL OWAEE • EA CWtOva t CERTIFICATE HOLDER Dept ofP rks & Regreation City of Richmond Indiana 50 N Fifth St Richmond, In 47374 .,/`Moll 0: _ ell /OS\ SHOULD MY" THE ABOVE DESCRIBED Pawn BE CANQUED Buat1E THE WMTTOM DATE TMMW- THE MUIMO COMPANY wMI DIDEAYM To MAIL DAYS TMMTM 0IKETO THE CMTWWATEHOLM NAMED TO THE LDT. BUT rALUK To MAIL SNCH NOTICE SMAL4 NIN M NO OBLIGATION OR LIABILITY Or ANY KM WON THE COMPANY. ITS AOENTS ,on RUMS MUTIYa