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HomeMy Public PortalAbout060-SMP Property &Annelies ContiAGREEMENT FOR APPRAISAL, OF REAL ESTATE THIS AGREEMENT made and entered into this - day of `cti�byy 2004 b and between the City of Richmond, Indiana, a municipal corporatio athrough its Parks and Recreation Department (hereinafter referred to as the "City") and Matt Nepote, MAI, 1100 South A Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide an appraisal of the real properties commonly known as the SMP Property Company, LLC property and the Annelies Conti Trust Properties property. 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 April 14, 2004, consists of one (1) page, 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 ,nsurance, and until a purchase order has been issued by the P;::c'iksing 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 Two Thousand Four Hundred Dollars ($ 2,400.00) for complete and satisfactory performance of the work required herein. Contract No. 60-2004 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 previously described real properties within 30 days after Contractor receives authorization to begin the subject work. Contractor shall be available to respond and shall respond within a reasonable time to any questions regarding the appraisals 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 with the appraisals or used in completing the appraisals 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. Covera,e Limits A. Worker's Compensation & Statutory 1) Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence D. Comprehensive Auto Liability t . Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence v" - .1 -` $1,000,000 each aggregate F. Malpractice/Errors & Omissions $500,000 each occurrence $500,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, be,fore commencing work under this Agreement, provide the City 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 VH. 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 nei hey- -arty :nay 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" THE CITY OF RICHMOND, ,Rq NA by and through its irk nd Recreation Department ,-- Lo Date: ' (d / '- APPROVED: ��aca--A �Q Sarah L. Hutton, Mayor Date: "CONTRACTOR" MATT L. NEPOTE i By: att L. Nepote Date: Subject to approval of insurance coverage (attached) Page 5 of 5 Matt L. Nepote, MAI :I IIII, 6 ppraisal Institute Mr. Stanton Lambert Richmond Park and Recreation Department 50 North 5th Street Richmond, IN 47374 Dear Mr. Lambert: Real Estate Appraiser • Consultant 1100 SOUTH A STREET RICHMOND, INDIANA 47374 (765) 935-0914 FAX (765) 935-1014 April 14, 2004 RE: Appraisal Proposal SMP Property Company, LLC Annelies Conti Trust Properties Richmond, IN 47374 Thank you for the opportunity to provide you with an estimate to prepare real estate appraisals on the above captioned properties. I propose to prepare summary appraisal reports with a narrative format as a result of a complete appraisal process on both properties for a total fee of $2400. 1 will be better equipped to provide you with an estimate of completion upon receipt of authority to proceed but generally my timing is within 30 days of receipt of such notice. Should you have questions regarding my proposal, please feel free to call. MLN/lb Very truly yours, s ya Matt L. N`epote, MAI Certified General Appraiser CG69100228 State of Indiana IXHIBITL PA6E,�Of� STATE FARM INSURANCE COMPANIES State Farm Mutual Automobile Insurance Company 2550 Northwestern Avenue West Lafayette IN 47906 6S6T -3249 A /'/NEPOTE, MATT JR 2091 MINNEMAN RD RICHMOND IN 47374-9634 I�Inllurl�ill�liul�lr�ll�l���ll�i��lli�lull�l�u��ll�ill�l AUTO RENEWAL POLICY NUMBER 676 9498-A20-14E JAN 20 2004to JUL 20 2004 DATE DUE PLEASE PAY THIS AMOUNT I1 C D G H U1 emlum Is based on the following .. Jf not correct, contact your agent. I W MW M3 VIN WBSBK0330WEC38785 6A30501 t of vehicle In your household... al driver is age 50 - 74 and there are no unmarried drivers 15 assigned to this car. ry use of vehicle... re or not more than 30 miles weekly to and from work or school. 7,500 miles or less annually. (National average is 12,000 miles Y•) ►nal Information... Iicy expires on the date due if premium is not paid. Liability Bodily Injury 250,000/500,000 Property Damage 300,000 Medical Payments 25,000 250 Deductible Comprehensive 250 Deductible Collision Emergency Road Service Uninsured Motor Vehicle Bodily Injury 250,000/500,000 Property Damage 10,000 , Underinsured Motor Vehicle Bodily Injury 250,0001500,000 ?.40 S Premiums 6 5 4 3 98.84 ; 15.82 6314 131:60 2.00 7.40 23.60 Amount Pp $342.40 Your premium has already been adjusted by the following: Premium Reductions Multicar . 93.80 Vehicle Safety 6.86 Accident ;Free 61.74 owing list of drivers is shown for informational purposes only and does not extend' or expand coverage beyond that ed in this automobile policy. Our records indicate the persons listed below are the only licensed drivers reported to us: ' M NEPOTE, MATT L NEPOTE A. )ove information is inaccurate or incomplete, please contact your agent immediately to make corrections. (PZ£tts10) OK11819) faar uo PaWd 10100-01119 71 voouraraol8 :w1tT0 auroq w6o anuvmnj allgouromi' "mN uuvd aliMs £oor ',favdwoo aauvmsul a119otuomV lmmn uuva sivlg 7teymo,9 '906L1' KI allaS80-I IsaM'anaaAV u.[alsaMglaol`T OSSZ ` Ida(t "Ig.IEIv allrind'salolq a8 stead guulpul I.101wa *11im liallalsmau slgl ul salap m Inoqu uolleut tojul aaotu will Plnoee ROS JI 8L£L-858-00819 J10A11aN suolisoiUntuulooaiaZ oploiisad IguoquN otg iliac) sop!opsod inoqu mom u.lgal of so 8.10-31su nmmm in gpounoo c4ojuS 173UO49N 0111 i1s1A 1I0gVU.UO3ui aaoLu aod 'dloq so3 Iluo of motim mou}I . •uarpi►tlo3o tioga.[ otpjo }no sionpoid snoaoduvp wolS • •slau!muoo lgu!$uo 1!otp ui slonpoad daax . -suolinuomd pus suogoruisui 1ag731 jig /AOIIOJ . UOIIl3LLldOV! It!gpgduq u1L'IUoa sloquq . 1 1 /18/2003 1 LSI000436-003 I LS1000436-002 REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY AM ij S1 VCorporation INember or Liberty Mahal atnup 175 Berkeley Street Boston, MA 02117 Item THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY. LIBERTY SURPLUS INSURANCE CORPORATION (herein called "the Company") 1. Customer ID: 126958 Named Insured: NEPOTE, MATT L. MAI 1100 South A Street Richmond, IN 47374 DECLARATIONS 2. Policy Period: From: 11/26/2003 To: 11/26/2004 12:01 A.M. Standard Time at the address stated in Item 1. 3. Deductible: $1,000.00 Each Claim 4. Retroactive Date: 11/26/1997 5. Inception Date: 11/26/2001 6. Limits of Liability: The Limit of Liability for Each Claim and in A. $1,000,000.00 Each Claim the Aggregate is reduced by Damages and B. $1,000,000.00 Aggregate Claims Expenses as defined in the Policy. 7. Mail All Notices to Agent: Liability Insurance Administrators 1600 Anacapa Street Santa Barbara, California 93101 (805) 963-6624; Fax: (805) 962-0652 8. Annual Premium: $720.00 + $18.00 Surplus Lines Tax 9. Number of Appraisers: 1 10. Forms attached at issue: LIA002S (07/01) LIA012 (07/01) LIA013 (07/01) LIA018 (07/01) LIA047 (01/03) TRIA Form C (01/03) This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the Real Fctatw D—i--:. --j By LIA001 S (07/01) Authorized Signature hilt INSURANCE Q INFORMATION PAGE 100 Erie Ins. PI Ene, PR 16530 PRIOR POLICY NUMBER - Q92 1100283 FF1086 VANVLE1. ET-BARTEL INC ERIE INSURANCE EXCHANGE 18457 1 Q92 1100283 I MATT L NEPOTE COMPANY MATT L NEPOTE D B/A 1100 SOUTH A ST EET RICHMOND IN 47374-5526 RE -ISSUED POLICY REASON FOR AMENDMENT- DUE TO RATE CHANGE INDIVIDUAL WAYNE CO OTHER WORKPLACES NOT SHOWN ABOVE - AS SCHEDULED FED ID # 35-1812322 ITEM 2. THE POLICY PERIOD IS FROM 08/11/03 TO 08/11/04 AT THE INSUREDS MAILING ADDRESS. ITEM 3.A. WORKERS COMPENSATION INSURANCE- PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE- IN. ITEM 3.B. EMPLOYERS LIABILITY INSURANCE- PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3.A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE BODILY INJURY BY ACCIDENT 100,000 EACH ACCIDENT BODILY INJURY BY DISEAS00000 POLIY LIMIT BODILY INJURY BY DISEASE 100;000 EACHC CEMPLOYEE ITEM 3.C. OTHER STATES INSURANCE- PART THREE OF THE POLICY APPLIES TO THE STATES IF ANY LISTED HERE- ALL STATES EXCEPT ND, OH, WA, WV, WY, STATES DESIGNATED IN fTEM 3.A., ITEM 3.D. THIS POLICY C- 906040�IN W�IN40414C�IN S THESE IN), WCAUF2ND 106ED(IN), WC-00 419* (INITEM 4. THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF RULES, CLASSIFICATIONS RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT. SEE ATTACHED SCHEDULE OF OPERATIONS EXPENSE CONSTANT MINIMUM PREMIUM $309 TOTAL ESTIMATED ANNUAL PREMIUM PRE.0019 INDIANA SECOND INJURYDEPFUNDISURCHARGE CHANGE IN PREMIUM FOR REMAINDER OF POLICY PERIOD PAYMENT BALANCE SEP 1 z� PAGE 01 HOME OFFICE 09/06/03 SEE REVERSE SIDE 250 315 S1 15300 $3$5.00 Cl WFS 058' ------------------------------------------ DETACH INVOICE AGENT - Please return this portion with your Policyholder's remittance T DETA AGENT POLICY NUMBER DUE DATE PAYMENT DUE PAYMENT PLAN FF1086 VANVLEET-BARTEL INC Q92 1100283 R 08-11-03 5.00 A ENTER ANY MATT L NEPOTE COMPANY PAY PLAN -3. MATT L NEPOTE D/B/A CHANGE HERE 1100 SOUTH A STREET RICHMOND IN 47374-5526 ERIE INSURANCE GROUP 100 ERIE INSURANCE PLACE PLEASE DO NOT WRITE BELOW THIS LINE Jr ERIE, PA 16530 ADDRESS CHANGE 1-060610869211002830421900000000-000050000000500- ERIE INSURANCE ME* GROUP Erie Ins. Erie, PA 16530 Erie, RENEWAL CERTIFICATE FF1086 VANVLEET-BARTEL INC MATT L NEPOTE COMPANY MATT L NEPOTE D/B/A 1100 S A ST RICHMOND IN 47374-5526 ERIE INSURANCE EXCHANGI ULTRAPACK POLICY 06/02/04 TO 06/02/05 I Q42 0290062 R POLICY PERIOD BEGINS AND ENDS AT 12.01 A.M. STANDARD TIME AT THE STATED ADDRESS OF THE NAMED INSURED. THE INSURANCE APPLIES TO THOSE PREMISES DESCRIBED BELOW. THIS IS SUBJECT TO ALL APPLICABLE TERMS OF THE POLICY'AND ATTACHED FORMS AND ENDORSEMENTS. DEDUCTIBLE (PROPERTY PROTECTION ONLY)- $ 200. COVERAGES: PROPERTY PROTECTION - AS PER THE ATTACHED SUPPLEMENTAL DECLARATIONS PREMIUMS 1. BUILDINGS $ 2. BUSINESS PERSONAL PROPERTY AND PERSONAL PROPERTY OF OTHERS $ INCL. 3. INCOME PROTECTION $ INCL. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES $ INCL. RENTED TO YOU LIMIT $ 1,000,000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $ 2,000,000 OPTIONAL COVERAGES - EARTHQUAKE COVERAGE $ INCL. WELFARE AND PENSION PLAN (ERISA) COVERAGE $ 50,000 EACH OCCURRENCE LIMIT $ INCL. PLAN NAME: MATT NEPOTE PENSION PLAN TOTAL ANNUAL PREMIUM - - - - - - APPLICABLE FORMS - SEE SCHEDULE OF FORMS 369.00 — n7nag; ICFFRF\/FRRFCII�F1 RETUREMICHIREVSRS&PS31DI)TOYOURACCOUNT WFS 03/22/04 LOCATION OF PREMISES -------------------- 1100 S 11TH ST, RICHMOND, WAYNE CO, IN 47374 SUPPLEMENTAL DECLARATIONS LOCATION 1, BUILDING 1 OCCUPANCY/OPERATIONS -------------------- REAL ESTATE APPRAISOR INTEREST OF NAMED INSURED IN SUCH PREMISES - TENANT PROPERTY PROTECTION COVERAGES AMOUNT OF INSURANCE 1. BUILDINGS $ NIL 2. BUSINESS PERSONAL PROPERTY AND $ 20,000 PERSONAL PROPERTY OF OTHERS 3. INCOME PROTECTION ACTUAL LOSS SUSTAINED OPTIONAL COVERAGES - PROPERTY PROTECTION EARTHQUAKE COVERAGE BUILDING AMOUNT $ 0 CONTENTS AMOUNT $ 20,000 OTHER INTERESTS LOSS PAYEE LOSS PAYEE STAR BANK FLEET CAPITAL LEASING P 0 BOX 1486 #0021729471000 RICHMOND IN 47375-1486 15325 S 30TH PL STE 100 BELLEVUE WA 98007-6597 Q42 0290062 CONTINUED ON NEXT PAGE COMMERCIAL GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 Aggregate $ 5,000 Medical Payments - Per Person Includes: Premises/Operations Liability Products/Completed Operations Liability Bodily Injury Liability Property Damage Liability Personal Injury Liability Advertising Injury Liability Fire Legal Liability Host Liquor Liability Incidental Medical Malpractice Broad Form Property Damage Blanket Contractual Liability Non -Owned Watercraft Liability Hired & Non -Owned Auto Liability TOTAL ANNUAL PREMIUM: $369.00 LAST YEAR'S ANNUAL PREMIUM: $300.00 DISCLAIMER: This summary is a general representation of coverage compiled for sales purposes. Please read the policy for specific information, i.e. coverage, limitations and exclusions.