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HomeMy Public PortalAboutORD10384 r , BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. _.�LLL C/�.._ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CANNON AND BLAYLOCK FOR PROFESSIONAL SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Cannon and Blaylock for Professional Services for the sum of $6, 500.00. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved_ " re ding Office ayo ATTEST: City Clerk c MUdnru us11Na SEIIVICE REALTOR' cannon and leylock 1?fW Eauto Sabi and AAw1W M T.J.W AYLOCK.M.A.I. 802 E. BROADWAY F.P.BLAYLOCK COLUMBIA.MISSOURI 65801 F. D.CANNON TELEPHONE: (314) 446.4177 February 25, 1985 Mr. Martin A. Brose, P.E. Director, Department of Transportation City of Jefferson 320 E. McCarty St. Jefferson City, Mo. 65101 RE: Jefferson City Memorial Airport AIP 3-29-0036-02 Appraisals Dear 'Mr. Brose: Enclosed is my offer of service for appraisals in the Jefferson City Airport expansion project. The fee for service is based on estimated hours to be consumed by the project. Projections for the required time has been determined by recent appraisals performed by tie, and my staff on airports at Columbia Regional, Kirksville, Camdenton and Fulton. The variance in cost of the various parcels is by reason of differing uses or prospective highest and best use as well as interests to be obtained. The required time for peformance is 45 days on our part. The offer for services form was not modified. Performance by May 1, 1985 can be met if. we are authorized to proceed by March 15, 1985. Respectfully submitted, Teddy J. a 1 ck, M.A.I. r. DEPT. OF T SpORTATION FEB G 61985 14 a M E1 E:R: 33ITX OF JEFFERSON NATIONAL AssOCIATION OF RSALTORs 1MISMUM Assoc1ATION OF RMALTORs COLUMf M(A 60ARD OF REALTORS MUitIM L19TIP40 Salmes OF COLUMBIA SPECIFICATIONS AND OFFER OF SERVICE FOR APPRAISALS of LAND AND EASEMENT ACQUISITION for the JEFFERSON CITY MEMORIAL AIRPORT AIP 3-29-0036-02 Description of Work - The appraiser will prepare "appraisal reports" as outlined in Chapter 2 of FAA AC No. 150/5100-11, dated February 10, 1975 (attachment #1) , and "Avigation Easements" (attachment #2 ) for parcels #6 (A thru M) , #10-01, #10-02, #11 (A thru C) , and #12, shown on Enclosures 1 thru 19. Each enclosure includes a description and a sketch of the parcel to be acquired with names of apparent owners . Court A22earance - If the need arises the appraiser will agree to testify in court. Date to be Furnished - No additional data other than Enclosures 1 thru 19 will be supplied to the appraiser, unless specifically agreed to before beginning work. Completion Date - The appraisal will be completed by May 1 , 1985, Payments - The amount of fee will be as follows: Amount (Lump Sum) Appraisal of Easement 6A $450.00 Appraisal of Easement 6B _ $200.00 Appraisal. of Easement 6C $200.00 Appraisal of Easement 6D $800.00 Appraisal of Easement 6E $200.00 Appraisal of Easement 6F $200.00 Appraisal of Easement 6G $250.00 Appraisal of Easement 6H $200.00 Appraisal of Easement 6I $750.00 Appraisal of Easement 6J $200.00 Appraisal of Easement 6K $150.00 Appraisal of Easement 6L $350.00 Appraisal of Easement 6M $150.00 1 NIB- i Appraisal of Fee Parcel 10-01 $1,000.00 Appraisal of Fee Parcel 10-02 $400.00 Appraisal. of Hasement• 11A $200.00 Appraisal of Easement 11B $300.00 Appraisal of Easement 11C $200.00 Appraisal of Fee Parcel 12 $300.00 TOTAL $6,500.00 Payment will be made after the appraisal is complete and reviewed by the FAA. A per diem rate for Court Appearance of $ 50.00 per hour will be paid if the need arises t up to $400.00 per Certification - "The appraiser warrants that he has not employed or retained any company, firm or person, other than a bona fide employee working solely for him, to solicit or secure this agreement, and that he has not paid or agreed to pay any company, firm, or person, other than a bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the City of Jefferson shall have the right to annul this agreement without liability. " The appraiser must completes the "Certification of Appraiser" (Attachment #3 ) for each parcel appraised. Changes - Any changes in these specifications must be mutually agreed upon and be in writing. Termination - In the event the appraiser is not complying with the specifications , the City may terminate the work. Any partially completed work will be paid for on a percentage basis and that work will become the property of the City. Subcontracting - No subcontracting of this work will be allowed. The designated appraiser must do the work. Updating Report - The appraiser will update the reports if necessary. Non Discrimination - The City of Jefferson, in accordance with Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 et seq. ) and 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, hereby notifies all bidders that it will affirmatively assure that minority business enterprises are afforded full opportunity to submit bids in response to this invitation and will not be discriminated against 2 r V 00 the grounds of race, color, or national origin in consideration for an award. The City will insert the clauses of Attachment 4 of this assurance: in every contract subject to the Act and the Regulations, and hereby inserts them as part of this contract. The Cannon & Blaylock firm offers to supply the appraisals as outlined above. Cannon & Blaylock Name Tedd J. to , M.A.I. Steven ise, M.A.I. Associate Acceptance by City George Ha t fie , N ime Mayor, FO . Thn City of Jefferson_ 320 E. McCarty Jefferson City, MO 65101 ATTEST: .tom yll s Powell, City Clerk 3 is ( ) DATE: FEBRUARY.;.r 1 (11 R4Pvj, fi-W ADVISO a z CIP-vCU AR, YES tiyl .� N �! )�1}S71}I..ff }. ,Fj� T., +, fps 1r )1`�,I� II1ff..• /[1 ` (2c /` �(� If�1��'f+I1 � ���•) �\/ 1 t41,( . �: ;r�iiN(7jR-AC+:,,�," .4V�' :' ►Af3 � V io1 `I 1�f�y �r 'I"�►`�V) �V� L� t1 ..��; r ,�'� t) y .r A' i �.t • '` y. 4) .�i:y 1 � � y+i.. ,(��� r t� ! i- ' �.� :.! ti `�v t A j ����s c �I t�:_ 1 4 I� t ) �+,y r � ri •1.t IIF {� f r t. °' ..0', �i •r"b� ) {L 't r i .. 1J .-' .,C�� '2*r VS' pvy 1 1 e-Sy y CHAPTER 2. APPRAISAL AND APPRAISAL REVIEW �;•*� , � 20. GENERAL. This chapter describes paoce- b. Appraisal Data. Each appraisal report must 'n.^n.`t .•�.�' t;, dures for the appraisal of real property.Y• These pro. be sufficiently supported by P ertinent factual data • cedures are applicable for all Sponsors when they and in such detail as to reveal that the appraiser has '►�r'' °''�:;��,,..�,..,,• obtain appraisal ands speciality reports for any P ar- made an adequate study and analysis of property • cel of real property for airport projects under which value data in the area involved that he has consid- ,�„';� P Pe Y � , Federal funds are requested or will be used. The ered all pertinent and reliable data,and that he has sponsor will provide that used sound,logical reasoning in developing his con- ,.•:•; •,S a. Real property will be appraised before the ini- elusions as to the fair market value of the property a,:•.. tiation of negotiations with�n owner. involved. Such conclusions will be based upon basic �6.zhe owner or his designated representative will appraisal techniques. be given an opportunity to accompany the appraiser c. Appraisal for Leas Than Fee Title.Where Ids "'`' ''`' +:• .'.1 during his inspection of the ro Pe rt Y• than full fee title is being acquired,such as an avi a- ., C. It will establish an amount that it believes to tion ease r�the appraisal report is to be prepared be just compensation for die acquisition of real prop- by the "e "e before and after' method. The appraisal erty before the initiation of negotiations with an will reflect the restrictive elements of the easement owner. to be acquired and the potential effect of such ele- '` {' d. Any decrease or increase in the fair market ments on the highest and beat use, Full details with value of real property prior to the date of valuation respect to any interference with the highest and best caused by the public improvement for which such use of the property affected must be developed and property is acquired, or by the likelihood that the explained, including reasoning of the appraiser property would be acquired for such improvement, where sufficient sales data is not available.This is of other than that due to physical deterioration within particular importance where it is concluded that ('F`' ' '• , the reasonable control of the owner, will be disre- damages due to imposition of the easement will garded in determining the compensation for the occur. '!o property. d. Partial Taking. Where the taking involves . e. Appraisers will not give consideration to nor only a part of the property, the appraiser will de- :;��;'<; include in their appraisals any allowance for reloca. velop the severance damage to the remainder, ifs tion assistance benefits. any,including reasoning and sales data,if available, 21. APPRAISAL STANDARDS. The basic ref- to support the conclusion. Again, the "before and erence for appraisals is contained in the "Uniform after" method of appraisal is expected to be used. Appraisal Standards for Federal Land Acquisitions" In these instances, the appraiser will indicate if the published by the Interagency Land Acquisition Con- remainder constitutes an economic or uneconomic ference, Appraisal reports will conform to the fol- unit. lowing: e. Independently Prepared, Appraisal reports L -I. a. Depth of Report. The term "appraisal," as are to be independently prepared by qualified staff used herein,is a written statement of the appraiser's or fee appraisers. opinion of value fully supported by pertinent fac- f. Preparation of Report. Appraisal reports are tual data of an adequately described parcel of prop- to be prepared in ink or typewritten, dated and erty as of a specified date. Accordingly, a mere signed by the individual making the appraisal prior opinion of an individual whether or not he be a to being submitted to a review appraiser. qualified appraiser, regardless of his status or posi- g. Appraiser's Certification. Each appraisal re- !?� *,•„;,:., tion in the community or area involved, unsup- port will contain an appraiser's certification incor- } orted b pertinent factual data,does not constitute t• /-�� P Y P posting as a minimum the requirements in appen- • `. f and is not acceptable as an appraisal. dix 3. A new certificate should be prepared where 9 there is a change in the appraisal report which af- b• Description of Property. Description of the y� fects the estimate of just compensation or changes property to be appraised will include: the date of valuation. (1) Parcel number as it relates to the Sponsor's 22. INFORMATION TO BE FURNISPED exhibit"A'property map. BY SPONSOR. As soon as possible, the Sponsor (2) Names of apparent owner of each interest ' will furnish the appraiser with the following infor- being evaluated. mation in order to permit the orderly completion of (3) Location of property. �? the appraisal: (4) Total area of property in acres or square ' a. All pertinent or known title information which feet, may affect the value of the property including en- (5) Area of each interest in property being ac- cumbrances such as leaseholds, easements and re- quired in acres or square feet. ?r atrictive covenants,if any. (6) A minimum of 5 years delineation of title. ` b.Rights to be acquired. g (7) Present use and zoning. c. Where it is desired that the appraiser deter- (8) Utilities. mine an after value based on the premise that cer- (9) Type and condition of improvements and *.sin adjustments of the improvements are to be special features that may add to or detract raade, he should he specifically advised of such ad.. from the value of the property. ,L•.. justments. Construction features to be undertaken c. highest and Best Use. The highest and beat to mitigate damages arc considered as adjustments use of the property on which the a raisal is based � g J PP for the purposes of this paragraph. before the acquisition of rights and interests to be ,r r, d. Acquisition Plans. Where the acquisition is a acquired and the highest and beat use of the re- total � e total takin th a raiser will be furnished with a mainder after the acquisition when a partial taking 'ii�.r•. fd PP .! 1 plat of the property showing boundary dimensions, is involved. In either instance if the existing use is location of improvements and other significant fea- not the premise on which the valuation is based,the cures of the property. It a rtial takin is involved, appraisal will contain an explanation justifying the i. '�i the appraiser will be fu%is e rvit a plat pf the determination that the property is available and f property showing the area being acquired, location P table for a different highest and best use and ads ,.; I of improvements affected by the taking, the area there is demand for that use in the market. a f�% r•� of each remainder and an other significant fea- d. Before and After Valuation.The"before and '. Y 1iTd cures affected by the the takaig. The appraiser after" method of valuation as interpreted by state should be advised to indicate if the remainder(s) Iaw will be used in partial acquisitions except where constitute an economic or uneconomic unit(s). it is obvious there is no damage or benefits to the r •".:„: e. Information of construction items that might residue land or improvements. have a bearing upon his appraisal. e. Approaches to Value. The appraisal should f. The Sponsors legal counsel will provide the include all applicable approaches to value. If an appraiser with a list of those damage items con- approach is not considered applicable,the appraiser 4 ^,l•.i sidered to -be noncom usable and an into reta• will state why. All pertinent calculations used in .r� ., : ,.� tion.-of State laws regarding benefits.This inorma- developing the approaches will be shown. tion will be furnished to the appraiser along with (1) In the market approach, the appraisal re- instructions that it be fully considered in the deter- port will contain a direct comparison of mination of the value,estimate. On questionable pertinent comparable sales to the property ;tt q Pe P P PAY ii�r:;.:• ;:',' individual cases legal counsel should be obtained. being appraised. The appraiser will include 23. APPRAISAL REPORT. The methodology a statement setting forth his analysis and {', •, ••. . ., .� followed by the American Institute of Real Estate reasoning for each item of adjustment to Appraisers which uses one or more of the three comparable sales. al)proaches--market data approach, income ap- (2) Where the income (capitalization) approach i roach and cost approach—is favorably regarded is used, there will be documentation to sup- ' %( when used for an appraisal. As a minimum the ap- port the income expenses, interest rate, re- raisal is to contain the following: �• ?;; , P g: maining economic life, and capitalization a. Pis of A raisa L The p. {{"h•'I Purpose PP purpose of the a rate. Where it is determined that the eco- z;r. •i.,.; praisal which includes a statement of value to be nomic rental income is different from the estimated and the rights or interests being appraised, existing or contract income, the increase or +. ti 10 • 1 decrease will be ex I tilled and supported by cludin► all principal aWve ground improvements f/ ;? market information. or unusual features affecting the value of the prop. (3) W}tpre, the cost approach is utilized, the erty to be taken or damaged, appraisal report will contain the specific k. Sketch or Plat. Appraisal reports for whole ` source of cost data and an explanation of takings will contain a sketch or plat of the property each type of accrued depreciation. showing boundary dimensions, location of improve- : ; f. Benefits. Where authorized by state law, bene- meets and other significant features of the property. fits are to be offset against the value of the part For partial takings, the sketch or plat will also show taken ant!/or damages to the remainder in accord- the area to be acquired, relation of improvements ance with such law. The after value appraisal will to the taking area and area of each remainder. •�'r'; eliminate any consideration of damages that are 1. Comparable Sales. Each appraisal report will not compensable or benefits not allowable under contain or make reference to the comparable sales State law even though they may,in fact,exist in the which were used in arriving at the fair market ultimate value of the remaining property in the value. �.-;;i.•�;,, market. In case of doubt, a legal ruling should be (1) The appraiser will state the date of sale, secured, names of parties to the transaction, consid- "::' g. Appraisal of the After Value. The appraisal eration paid, financing, conditions of sale of the after value will be supported to the same ex- and with whom these were verified,the loca- +"'�iAG"�+,,r PP tent as the appraisal of the before value. This sup- tion, total area, type of improvements, ap- rt will include one or more of the following: praiser's estimate of highest and best use at Po g� (i) Sales comparable to the remainder prop- the date of sale, zoning and any other data cities. pertinent to the analysis and evaluation �'.. (2) Sales of comparable properties from which thereof. there have been similar acquisitions or tak- (2) If the appraiser is unable to verify the inks for like usages, financing and conditions of sale from the (3) I)evelopment of the income approach on usual Lources such as buyer, seller, broker, properties which show economic loss or gain title or escrow company,etc.,he will so state. M. as a result of similar acquisition or takings (3) Pertinent comparable sales data should in- for like usages. clude identified photographs of all principal '= (4) Public sates of comparable lands by the state above ground improvements or unusual fea- 3' cures affecting the value of the comparable. .��t;', • ; or other public agencies. g parable. (5) In the event the data described in (1) (4) The appraiser will prepare a comparable .,.','• through (4) above are not available, the ap- sales map showing the location of the sale " prars al will so state and give t he a ppraiser's property. ' m. Inspection of'*1;:::' reasoning for his value estimate. pe Properties. All property ap- raised, and the comparable sales which were relied � h. Difference Between Before and After. The A P .•;:r` difference between the before and after appraisal upon in arriving at the fair market value estimate will be personally inspected �:a.• ,. will represent the value of the property to be ac- Pe ' Y in the field by the ap- r':'':.' quircc! including the damages and benefits to the praiser and all dates of inspection will be shown in remainder property. The appraiser will separately the appraisal report. analyze and tabulate the difference showing a rea- n• Date of Valuation. The effective date to sonable allocation to land improvements,damages, which the valuation applies. and benefits. o. Limiting Conditions. Statement of appropri- �r�''•. i. More Than One Approach Used. Where two ate contingent and limiting conditions if any. if. or more of the alpproaches of value are used, the p• Certification and Signature.The certification, appraisal will show the correlation of the separate signature and date of signature of the appraiser. indications of value derived by each approach along (Refer to example in appendix 3)• with a reasonable explanation for the final conclu- 24. UNCOMPLICATED TAKINGS.Appraisal sion of value. This correlation will be included for reports on uncomplicated takings, permitted at the + both before and after appraisals. option of the Sponsor and where adequate market Photographs. All appraisals should include data are available, may be prepared on an abbrevi- � '' identified photographs.of the sub subject property in- ated appraisal format in which the value conclusion ti,•,�. �' J l p r is adequately related to comparable sales. An ex- 4 Statement of appropriate contin ent and AML ample of the appraisal report form is included as ap-• limiting conditions,if any. lx-ndix h. Examples of uncomplicated takings would (5) Identification of the value problem. be whole takings of single family residences;whole (6) The estimate of value takings of unimproved residential, commercial, or (7) The data and analysis to explain, substan- '' .� industrial lots or other vacant land; strip or other tiate and thereby document the estimate of partial tags not involving benefits or damages to values}. kin the remaining property other than minor replace- (8) The date(s) on which the estimate of anent or reestablishment items measurable by the value(s) applies. "cost to cure," such as reconnections or minor re- (9) The certification, signature and date of placement of walks,steps,drives,fencing,etc, signature of the specialist. 25. NOMINAL VALUE FINDINGS, A "nom- (10) Other descriptive material (maps, charts, y"!':r*°:;•!,' inal value" parcel is defined as one valued at$1,000 plans,photographs). or less, provided the acquisition does not include b. Employment of Specialist. Normally the ern - i: benefits or damages to the remaining property other ployment of specialists to prepare such valuations than nominal replacement or reestablishment items should be handled by the Sponsor. In appropriate measurable by the "cost to cure." instances, such employment may be accomplished ''; "' `• a. Federal Participation. Federal reimbursement by the contract appraiser responsible for the ap- (. �:• jp..�v .�• •��'•: •• under ADAP/FAAP may be approved by the ap- praisal of the entire property. If the latter course is propriate FAA official if the transaction is other- followed; the Sponsor will reserve to itself the ap- '."'! wise eligible when the Sponsor acquires "nominal proval of the selection of the specialist by the con- J'''" ' value" parcels on the basis of written "value find- tract appraiser. ings" by qualified staff personnel. Routinely these c. Distribution of Estimate.Each acceptable esti- ' "value findings" may be prepared by staff' and re- mate prepared by a specialist retained for the Spon- 'y'r view appraisers. In unusual cases,the FAA may give sor will be made available to all appraisers for 1 prior approval for the use of fee appraisers to ore- analysis and 'incorporation into their appraisal re- pare "value findings" on a project basis provided it ports to the extent deemed appropriate by the in- r• ;;, is shown that the appraisal fee is commensurate dividual appraiser. The Sponsor should have the with the service to be performed. An example of a specialist's appraisal reviewed by their review ap- ''''' "value finding"report is attached as appendix 5. praiser or staff specialist to determine its accept- 1.i.,. . b. Preparation. All value findings will be inde- ability before distribution to the fee or staff pendently prepared. In addition to the informa- appraisers. tion required in paragraph 23b, the findings must d. Engineering Data. In many instances engi- °':' :;• indicate the date of valuation be dated signed b neerin information can be developed from a S n- ,, : t•.. , � g Y 8 Fe Po �;•i�.' the person making the value finding, and be in ink sor's own engineering studies rather than from the t�'y;•. • or typed. employment of a special, consultant engineer to 26. SPECIALTY REPORTS. When a separate develop the necessary information. valuation of machinery, equipment or other spe- 27. NUMBER OF APPRAISALS. ciality items considered as real property is required, a, Appraisals Contracted. The airport sponsor ' the value of such items will not be arbitrarily added will secure at least one appraisal or value finding for to the valuation of the other realty,but will be con- each parcel to be acquired or damaged. Two ap- r sidered to the extent of.the contributory value in praisais should be obtained on properties of a com- `` establishing the value of the whole property. plex or unusual nature or whenever the appraised � •; , a. Documentation. A specialty report is a writ- value is expected to exceed$50,000.Exceptions may l t,_ ten document which, as a minimum, contains the be permitted where the Sponsor has submitted a ;Z<<j following: different plan of operation which has been accepted °? (1) Statement of purpose of report. by FAA. ..4,'1• (2) Definition of value(s) reported, i.e., fair b. Allowable Appraisal Fees. If otherwise e4- , �,«�• market value, salvage value, etc, ble,Federal participation will be allowed in the cost (3) Identification of the property and its owner- of one appraisal or one value finding on parcels . ship, valued at$1,000 or less,in the cost of two appraisals 12 on parcels valued in excess of$1,000 when the prop- 29. APPRAISAL FEES, CONTRACTS AND ertics are of a complex or unusual nature or when- AGREEMENTS. ever the appraised value is expected to exceed a. Employment of Fee Appraisers and Specialists. :! $50,000, and in the cost of up to two additional The FAA will participate in the cost of employing �k appraisals in condemnation cases when litikation is fee appraisers and specialists to provide cost studies, ¢ � imminent and deemed necessary by the Sponsor. estimates or appraisals under ADAP/FAAP when: Federal participation may be allowed in the cost (1) The Sponsor determines that such employ- of more than the number of appraisals provided for ment is necessary to efficiently complete the • •i�.,,,;;I above when: project. #.. (1) Additional appraisals have been requested by (2) A fee appraisal or specialist report is needed FAA,or for use in a condemnation case. (2) When the Sponsor,in special or unusual cir- �3) The unusual character of the work requires cumstances,has requested and received prior the services of a person or persons with approval for Federal participation in the cost highly specialized knowledge and experience .r =� of additional appraisals. Requests and ap- not available on the Sponsor's staff. �;• provals may be on specific parcels or on a b. Fees.Appraisal fees will be determined by the project basis covering specific types of ac- following: quisitions.Approval will be given only on the (1) The basis of payment set forth in the agree- " basis that such expenditure is in the public merit covering more than one parcel will interest. not be computed on an average rate per t. 28. APPRAISER QUALIFICATIONS. The parcel.The agreement will itemize the actual appraisals prepared for use in ADAP/FAAP proj- amount to be paid per parcel or such item- ects are to be prepared by staff or fee appraisers ade- ization should be by a separate statement. ;•:• •' cpuately qualified as to education, experience and (2) Provision should be made in the agreement ti•. -. ,t credentials for the property being appraised. The for a per diem.rate to be paid to the fee t, appraiser will have no personal interest, present or appraiser or specialist in the event court ap- tf prospective,in the property being appraised. pearances or conferences preparatory thereto h. a. uaiifications. The Sponsor is expected to Q p I become necessary. This contingent cost will ftT': ', establish qualifications required of all appraisers be separate and apart from the fee or the and reviewing appraisers used b it to appraise or b PP Y PP overall limit specified in the agreement for review appraisals of real property to be acquired completion of the services covered by the for ADAI'/FAAP projects in which Federal funds agreement. ., will participate in any part of the cost of the (3) There will he no Federal reimbursement project. for compensation paid by an acquiring b. Fee Appraisers. The Sponsor should secure agency for revision or correction of a report only appraisers that are qualified for the particular required by the appraiser's or specialist's fail- :';' job to be done. It is necessary for the appraiser's ure to comply with contract specifications N � ability.to be evaluated on an individual basis.In ad- dition to having minimal education and experience (4) There will be no Federal participation in the r _ qualifications, fee appraisers should have verified appraisal or specialist fee where the fee is specific appraisal experience in the type of property determined as a percentage of the appraised ? they are employed to appraise. or assessed value, nor will sole consideration .`., c. Reviewing Appraiser. A reviewing appraiser be given to the appraised value in such ap- - should be the best qualified. Every reviewing ap- praisal when considering the reasonable ac- i praiser is to have knowledge of the principles and quisition cost. techniques pertinent to appraising and the ability (5) The amount of the fee will represent a fair v.� to independently appraise properties of the type for payment for the services performed whether which he is to review appraisal reports by others, it be for the initial valuation, a new valua- "+' Where a Sponsor does not employ qualified review tion occasioned b a change in the taking,or Po P Y 9 y g g' !�t!� appraisers on its staff, the Sponsor should hire a fee a subsequent updating requested by the ' review appraiser. Sponsor. In the case of a new valuation or Algh lWill 13 5 u dating, a flat percentage of the original 7 Date completed re torts are due. Y• fee is not acceptable as representative of fair (8) The basis of payment for the services to be 't(i 41 payment.Experience of the acquiring agency furnished, and any other available guides should be (9) The following clause: "The appraiser (ape- g,} considered in arriving at an equitable fee. cialist) warrants that he has not employed A qualified individual employed by the Spon or retained any company, Rrm or person, ', •}'fit}�i sor should visit the project site to identify other than a bona fide employee working , d' ' �.l.t iY, ; the valuation problem, determine the num- solely for him, to solicit or secure this agree. {`'`" .I:c•t ber and tylx;of reports needed and estimate n►ent,and that fit hay not paid or agreed to a fee r parcel. The estimate will be made m an company, firm or person, other per pay Y p►► Y, pe , '• prior to requesting a proposal from fee ap- than a bona fide employee working solely raisers and should be retained in the S n for him, any fee, commission, percentage, sor's file.In determining the basis of payment brokerage fee, gifts or any other considera- and the actual fees to be paid,consideration tion,contingent upon or resulting from the should be award or making of this agreement. For given to: 1, (a) The complexity of the appraisal or broach or violation of this warranty, the �. other work to be undertaken and the (Sponsor) shall have the right to annul this skills necessary to provide such services. agreement without liability." (b) The number of parcels included in the (10) Provisions that would permit the negotia- I. •\.',;. assignment. lion for mutual acceptance or major (c) The amount of information and data changes in the scope,character or estimated provided fee appraisers by the Sponsor, total cost of the work to be performed if and the extent of information that such changes become necessary as the work must be developed independently. progresgos. (d) The location and conditions pertinent (11) Provision that would permit termination of to the project for which the fee service the agreement by the Sponsor in case the is to be provided. appraiser (specialist) is not complying with (e) The time allowed for performance of the terms of the agreement, the progress the alai ment. or quality of work Is unsatisfactory, or for y: c. Requirements for Contracts and Agreements. 'other stated reasons. Contracts, agreements or assignment letters for fee (12) Provision covering the ownership of work appraisal and specialist service should contain as a completed or partially completed and basis minimum the following provisions and clauses: of payment therefor in the event of termiw,. (1) Date of agreement. tion of the agreement by the Sponsor. i: ;:; • (2) The complete name and address of each (13) An express prohibition against the subcon- �; party to the agreement whether individual, trac:ting or transfer of any of the work ex- Y,: partnership, firm or corporation. If a cor- cept as is otherwise provided for in the poration is one of the parties, identify the agreement. State in which it is incorporated. Where a (14) Instrt.►ction& that the appraiser (specialist) contract is with a partnership, firm or cor- is to follow accepted principles and tech- poration, the agreement or supplement niques in the valuation of real property as thereto should identify the person who will expressed in this circular and in accordance ? perform the valuation services and, if nec- with existing State law. ii:;•; ' essary, testify in a condemnation action. (15) Provision for itemizing the fee per parcel oil,.. (3) Description of the work to be done in within the agreement or by a separate state- {"'.''. sufficient detail to show the nature and ex- ment. t:-• tent of the services contemplated. (16) Provision for updating reports at the re- .��:;8 (4) Provision for the appraiser or specialist to quest of the Sponsor. testify in court if the need arise&. (17) Provision for execution of a certification (5) Specifications as to the content and format statement. (See appendix 3 as an example � ! of reports. for the certificate of Appraiser.) ,.,o. ' (6) Data to be furnished by the Sponsor. (18) Pertinent civil rights assurances. is 14 ,•ig "4 i f'"` , (19) Properly executed signature and dates. do not include compensation for !t 4 A + ' , '� 30. REVIEW OF APPRAISAL REPORTS. items, damages and benefits noncom- ;�e-, a. Responsibility. It is the responsibility of the pensable under State law, Sponsor to review all appraisal and specialty reports (e) Contain an identification or listing of i� of real property to be acquired in connection with the buildings, structures and other " k federally assisted airport projects and to establish an improvements on the land as well amount which it believes to be just compensation for as the fixtures which the appraiser such acquisitions before the initiation of negotia- considered to be a part of the real tions or the exercise of the power of eminent domain, property to be acquired. r t? The appraisal fee should not be paid prior to ac- (f) Contain the estimated fair market ceptance by the review appraiser. In addition, Fed- value for or resulting from the ac- lf�ti'. era[ participation will be withheld on appraisals uisition, and where a ro riate in .,t,:.• 1 1 PP 8 AP A , �. •,,...,;.,., not meeting criteria set forth in this circular. the case of a partial acquisition,either b. Estimate of just Compensation by Reviewing in the report or in a separate state- .,y.,.•., ,. ��''•� Appraiser. The Sponsor will have a qualified re- ment, a reasonable allocation of the viewing appraiser that will recommend the amount estimate of the fair market value for of just compensation to be offered an owner for the the real property acquired and for r �t ;• acquisition of real property. In recommending the damages to remaining real property. amount of just compensation to be offered an owner, (3) Prior to finalizing his estimate of just com- ��" the reviewing appraiser should consider all pertinent pensation, the reviewing appraiser will re- M' value infonnation that is available. On the basis of quest and obtain corrections or revisions of additional value information subsequently available appraisal reports which do not substantially to him, the reviewing appraiser may, at any time meet the requirements set forth in paragraph prior to settlement, adjust his estimate of just coin- 23. These will be documented and retained . : pensation.All estimates by a reviewing appraiser are in the parcel file. < to be documented and retained as a part of the proj. (4) The reviewing appraiser may supplement an ect or parcel files, appraisal report with corrections of minor c. Appraisal Review. Procedures for reviewing mathematical errors where such errors do real estate appraisals should be as follows: not affect the final value conclusion.He may -w (1) The reviewing appraiser will field inspect the also supplement the appraisal file where the yr. .. t� property appraised and the comparable sales following factual data has been omitted: considered by the appraiser(s) in arriving (a) Owner's and/or tenants'names. at either or both, as appropriate, the fair (b) Parties to transaction, date of pur- ti;q?;;�•; market value of the whole property and of chase and deed book reference on the remainder(s). If a field inspection is not sale of subject property and com- r,}, made the file will contain the reason. parables. (2) The reviewing appraiser will examine the (c) Statement that there were no sales ti appraisal reports to determine that they: of subject property in past 5 years. (a) Are complete in accordance with (d) Location, zoning or present use of paragraph 23. subject property or comparables. (b) Follow accepted appraisal principles (5) The reviewing appraiser will initial and date i' '•' • and techniques in the valuation of real his corrections and/or factual data supple- property in accordance with existing ments to an appraisal report. state law. 6 The reviewing appraiser will lace in the ( ) g PP P (c) Contain or make reference to the in- parcel file a signed and dated statement formation necessary to explain, sub- setting forth: stantiate and thereby document the (a) His estimate of just compensation in- conclusions and estimates of value eluding, where appropriate, his al- and/or J ust compensation identified location of compensation for the real ;p therein, property acquired and for damages to (d) Include consideration of compensa- remaining real property, and an ble items, damages and benefits, but identification or listing of the build- '°�� 15 �- ^;';•,y;`;' ings, htr•uetures an►I other Improve. (a) Are complete in accordance with the r ments on the land as well as the fix• requirements of paragraph 26. `)' �y��: i1.'•,. furor which he considered to boa (b) fallow accepted principles and tech- .: part of the real property to tie ac• niyues for the valuation of the sub. .• yuired, if such allocation or listing juct of ilia report. differs from that of the appraisal(s). (c) Contain the information necessary to (b) That as a part of the appraisal re• explain, substantlate, and thereby view there was or was not a field document the conclusions and esti- ,.4,"'' ' imix-etion of the parcel to lie ac• mater of value contained therein. },Ili{..•,, .!•,,I yuired and the comparable safer ap• (d) Include consideration of cornpensa- f��,.�. •r) plicable thereto. If a field inspection ble items and do not include compen- was not made, lie will state the cation of items noncompensable under reason(B). State law. (c) That ire has no direct or indirect (3) Each acceptable estimate prepared by a present or contemplated future per• specialist retained by the Sponsor will be sonal interest In such property or made available to all appraisers for analysis in any monetary benefit from its and Incorporation into their appraisal re- acquisition. ports to the extent deemed appropriate by (d) That his estimate has been reached the individual appraiser. The appraiser Independently, without collaboration should be Instructed not to arbitrarily add or direction, and is based on ap• the value of individual items to the valua- '� praisals and other factual data, tion of other really, but he should consider (e) His value ewehnate of iteau cwn n- ! pe them to the extent of their contributory value sable under state law but not eligible in establishing the value of the whole prop- for Federal m1mbursement, if any. erty. An exception to the requirements of d. Review of Specialty Reports. Procedures for this paragraph is pennitted where the Spon- R;^ n viewing slx:ciality reports should be as follows: sor, in special cases, elects to have a review- �, � r; (1) When a separate valuation of machinery, ing appraiser, knowledgeable in both dis- equipment or other specialty items is required ciplines represonted,analyze and incorporate and when the acquiring agency has stained into a final estimate of just compensation the the sliecialirt, it should have his report re- ;�',', viewed by a reviewing appraiser or other separate reports on the real property and the :: �;►}'. specialist before It's distribution to the fee specialty items. ..,"c . or stall' appraisers. The Individual ne:spon• (4) In those instances when a fee appraiser has sable for the review should field inspect the retained a specialist and incorporated the prolierty, If it field inspection Is not made,the specialist's report in his appraisal report, the file will contain the reason(s). review of the "package" will be in accord- (2) IWore distribution to the appraisers, the re- ante with the applicable review require- ' ` viewing appralser or other specialist will nrents in this circular. examine the reports to determine that they: 31-39 RESERVED. All 4". t�f ' f .,i 16 ' r ATTACHMENT 2 .r• U C'T 1 198? _ CITY OF JEFFERSON AVICATION EASEMENTS DESCRIPTION OF EASEMENT. An avigation easement is a conveyance of a ,specified property interest that creates a servitude on a particular area that restricts the use of the owner of the surface and assures 'the owner of the easement the right and privilege of a use in the airspace for the right-of-flight of aircraft; the right to cause noise, dust, etc. ; the right to remove all objects protruding into the airspace together with .the - right to prohibit future obstructions in the airspace; and the right to . enter the land to exercise the rights acquired. The easement may also. contain any number of additional restrictions as the sponsor deems necessary. The right-of-flight is the essence of an avigation easement. , Therefore, it is imperative that the appraisal reflect the specific easement estate proposed for acquisition. Other types of easements, such as clearance easements, do not pzotect a sponsor. from future claims of property owners due to overflights. It is important to recognize that a clearance easement provides only for protection from obstruction and - does not include the right-of-flight. Figure 2-1, Avigation Rights, identifies the rights obtained for the different types of easement estates that may be .acquired. AIRSPACE. The airport layout plan includes the approach and clear zone layout. This layout depicts the imaginary surfaces for the airport based on FAR Part 77 criteria, the existing and ultimate approaches, height and slope protection established by local zoning ordinances, a plan and profile for clear zones and approach areas and location and elevation of obstructions to air navigation as identified by the imaginary surfaces. Airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type-of approach available or planned for that runway. a. _Primary Surface is a surface longitudinally centered on the runway. Its width will vary according to the type of runway existing or planned. ;The surface ends at the end of the runway or 200 feet beyond when the. runway is paved or paving is planned. The primary surface, as' the referenced starting point for the airspace surfaces, is usually owned in - fee to provide maximum protection in close proximity to the landing area. - b. A2yroach Surface is a surface centered on the extended runway f centerline and extends outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach that is available or planned for that runway end. Co Transitional Surface is a surface that extends outward and upward at right angles to the runway centerline and extended runway centerline at a 7:1 slope from the sides of the primary surface and approach surfaces. AMEN FIGURE 2-1. "IGATION RIGHTS . R7 04 H ►� C p~o O'O owo Q i W W'°t7 t37 ,-t d H .4 r/ to •4 m +i .91 tD � aJ w1 a a a a w m > 3 > p v to u to rows 4 4vsw. tcow a m w v tr to a w u • �+ a.► 7 w u s, Aj to aj w o to u .c to to go u .c u C O n � ►wi a n .P d n +mot d O> A ••a a d > .n r-t w .o .•t w .+n ° w � c .� O w a ° w : O r9 rt O tr V-t O tr rj O se Q .gyp Y R 44 ow ri 44 w r4 .0 V u � � d 4.1 � t° tv -4 O >1 :1 > a >• to > m ►e G I w C = Id J .c t7l at eco tl� d = W c ! 0�1 $ to as w ►a 0 0 �a >, w • w O 1+ • w 0 E+ a� •.� .-t O a w .0 w 4) O O d+ w M /9 O •O ' u 0 tT c = W u O Cm u 0 tT H ° v to dJ C A aJ aJ O w w +I - to aJ 0 w -4 w N O ai .•t of M w >1 G a >1 Q CYti iA R! .N w w m a 0% 7 w 4+ 7 w .d 7 Qe G to V M u of 11 QA u to 41 to a m rroJ rt �o aci w p w to w ao a i w � a lw CJ tv tU d 1 O. m to 1 44 Q� 1 7 O u 1 7 U4 u !� 7 ww .uii 0 0 w u wwa1 ww +i O m .tj w y ...1 O u O eo ai -.4 O u a.+ .'+ O u I w C 7 t a .Q D / w c 7 1 = c t Z' as La 4) a 41 w � w a, w � tr .0 41 w .0 7 = G > u = aJ .0 w d = : > u = > u .0 dJ o � o N Q AJ o w b to w A � G-.4 � a toc w aG a G • . v-0 N Fl t11 �C •-d N t�l 14 N y O c .0 ..4 N 4) E to m q �+ g m .4 c W -+ sc ri a 12 41 U ot'i 4 G �O a two to FS .1 A w Ank Wx 64p1 to .�1 W fo Q O a -4 ri j r � d. Horizontal Surface is a plane 150 feet above the established airport elevation--usually the highest point of any of the landing area. The dimensions will vary according to the type, length, number and orientation of the runways. e. Conical surface is a surface extending outward and upward from the edge of the horizontal surface at a 20:1 slope for a horizontal distance of 4,000 feet. It is the outermost surface of the approach. f. Runwa Clear Zone is established for each airport on the basis of a standard that indicates an area at ground level that begins at the end of the primary surface and extends with the width of each approach surface. It terminates directly below each approach surface at the point or points where the slope reaches a height of 50 feet above the elevation of the runway or 50 feet above the terrain at the outer extremity of the clear zone, whichever distance is shorter. Clear zones should be established and ' identified on an airport layout plan approved by FAA. w PREPARING THE EASEMENT APPRAISAL. Detailed plans and drawings prepared from engineering surveys will provide data on the imposition of the imaginary plane on the property. Explanation by the appraiser on the effect of the height limitation must include coinplete consideration of all potential property uses. As Before and After Value Required. Erroneous or improper consider- ation in the before and after values can lead to an erroneous conclusion of the value of the easement. The before and after technique shall be employed with the easement being appraised by the same principles and approaches to value as any other type of acquisition. (1) Before Value. The appraiser must develop the present use and the potential highest and best use of the property unaffected by the easement. An assemblage and analyzation must be made on all economic data as well as the market transactions that occur, giving consideration to all factors and conditions that will lead to a justified and well thought out opinion of° the highest and best use. The appraiser also has to carefully consider the landowner 's vertical area of effective possession as it relates to highest and best use. This area may be difficult to definitively prescribe since the limit will vary according to the adaptability of the land, current or potential zoning and the location. (2) After Value. The appraiser must reconsider the highest and best use of the property following the imposition of the easement. The clearances of the various slopes over the property and over any improvements must be determined. As in the before condition, consideration must again be given to all factors in arriving at the conclusion of highest and best use with the height restrictions imposed. In many instances, it may be concluded that, although the highest and best use may not have changed, there 111111 111P may be a limitation on the use. This must be rigorously explored, for often this will be the major determination in arriving at the easement value. Also, ' temporary interferences with the use of property should be examined in light of the extent of actual interference. Care must be exercised to choose between an actual interference in use versus speculative damages in the mind of the property owner. It is important to document what use or uses are permitted as measured against the considered highest and best use. b. Appraisal Camparablesa These sales are difficult to locate and include differences in the easement estate which make comparison difficult. Sales near different airports usually involve variations in airport type, size and use. Nevertheless, any available sales data should be investigated, included in the appraisal, evaluated by the appraiser and either assigned appropriate weight or disregarded. Types of comparables to consider are: (1) Sales of similar property subjected to avigation easements when compared directly with the subject property .that will yield the after value; (2). Sales subject to easements similar to the avigation easement estate. Other easements such as clearance, sgenic, restrictive, powerline and air rights often contain features found in an avigation easement. These should be considered, if only as a guide, in the valuation of the avigation easement. (3) The appraiser is limited to applying the method most subject to question - the appraiser°s opinion - when sales with avigation easements or similar restrictive easements are unable to be located. If only opinion is relied upon for the value estimate, the appraiser must develop a foundation supporting an opinion on the effect the avigation easement will have on the continued use and enjoyment of the property. c. Factors Influencing Valuation. The cause, of any diminution in value must be real and not imaginary and must be of sufficient intensity to cause personal discomfort that affects enjoyment-of the use of the land. (1) The appraiser must question the desirability of the use and enjoyment being diminished as compared with the degree that others in society would protect that interest. (2) Noise can be a significant factor and must not be ignored. Reference to existing and future noise contours, when available, will give the appraiser the necessary information to assist in the formulation of an opinion as they provide an estimate of the aircraft noise impact over the area. There must, however, be a showing of a measurable or provable decline in property value traceable to the noise interference. Where noise contours are not available or where noise may not be a major factor, the r, daily •aircraft operations, both existing and forecasted, can be obtained. This data is useful in .establishing the volume of air traffic as it affects the properties, both today and in the future. (3) Air pollution from aircraft emissions, although substantially reduced in recent years, cannot be overlooked and should be considered by the appraiser in the value considerations. (4) The easement document should be completely examined to determine the restrictions and limitations being placed on the property I and assess the effect on its highest and best use. Each easement element ; should be listed and explored to the extent necessary. Care must be taken to establish that the limitation is, in fact, a deterrent to the use of ; the property. d.. Easement Restrictions. Some typical restrictions that may be included in an easement are: (1) Right to restrict or prohibit radio or electromagnetic interference. On commercial property, this restriction may affect the highest use and value; however, little or no effect should occur to agricultural land. (2) Right to restrict or prohibit construction 'of certain types of buildings or structures. This restriction may severely limit the use of land intended for certain development. On the other hand, the land use• zoning ordinance may already have placed restrictions on the physical development, in which case the net effect of the easement restriction must be isolated. (3) Right to restrict 'or prohibit lights, lighted signs, and other lighted objects. (4) Right to restrict or prohibit hazardous or unreasonably objectionable smoke, fumes, or vapor: (5) Right to control the maintenance of any structure, including temporary interference with any of the acquired surfaces. (6) Right to-restrict or prohibit specific agricultural uses such as growth and harvesting of timber, establishment of orchards or other plant growth that may eventually penetrate imaginary surfaces. (7) Right to restrict or prohibit specific agricultural uses; construction of ponds, lakes or other water impoundments; sanitary landfills or other manmade improvements that may attract or result in the concentra- tion of birds and/or waterfowl. e. Compensation For Easement Estate Only. The appraiser must limit the estimate of just compensation to the easement estate described and exclude damages for possible violations of flight regulations and flight patterns which are purely speculative. where the flight patterns or approaches are violated, liability of damage due to trespass or violation of flight regulations is based upon laws applicable in torts. The individual landowner may have some remedy for flight violations in another form of action, but such damages are not appropriate in acquisitions in eminent domain. Inclusion of damages, real or fanciful, for danger and fear of injury from aircraft also is not proper. it is impossible to assign values to such speculative items as mental anguish and lost sleep. f. Other Existing Easements. A precaution to be observed in the appraisal process concerns previous easements or restrictions which may have been imposed, such as clearance easements. These must be taken into consideration. However# the amounts paid for these interests should not necessarily be automatically subtracted from the estimated value of the avigation easement since the previously acquired interests may have included physical clearing or involved negotiated settlements bearing no relation to market value. Appraisers should also reject the theory that the mere existence of an easement constitutes an encumbrance on the title which implies a token damage,. Many properties are subject to easements such as water, sewer or power and yet readily sell on the market with no apparent considera- ASL given to the easements. If the appraiser can find no loss in value, that finding must be reported. However, the payment of nominal amounts in negotiated settlements for such acquisitions is an administrative determination and should so remain. g. Each Easement Ap2raised. An appraisal shall be prepared on all avigation easements that are being acquired. Even though no apparent value . exists for the easement or a loss in value appears minimal, `;he appraisal process and documentation shall still be completed. To do otherwise does not reflect equal treatment and also risks omission of potential damage elements not observable without a complete appraisal. h. No Formula or Rule Basis. Application of the appraisal process to the valuation of an avigation easement cannot be reduced to a mere mechanical formula or rule of thumb. The appraiser should never attempt to create a percentage or formula adjustment to reach a subsequent valuation by the use of averages, medians, or means produced by a totality of available data. The use of mathematical formulas, although useful in categorizing information and appearing very authoritative, is outside the realm of real estate appraisal principle and theory. Such methods presuppose a loss in value without regard -to highest and best use and are a substitution of the appraiser's judgment for that revealed in the actions of buyers and sellers. In the final analysis, a proper and accurate estimate of value will rely on the individual appraiser's knowledge of market influences. The quality of the report will be determined through sound, logical explanation and correlation of that knowledge. • M ATTACHMENT 3 r AC 130/5100-11 APPENDIX 3 Page 1 V. �4� 1 APPENDIX 3. CERTIFICATE OF APPRAISER '""5"� CERTIFICATE OF APPRAISER •''�' ------------------------ ADAP Project No--------------------- ,C ;;'rY; b ------------------------ Parcel No---------------------------- ,r ------------------------ Project: s" •_ (Sponsor) --- --^-------- ---- }�ri -----------------------------4 Certificate of Appraiser property is acquired, or by the likelihood that the .t property would be acquired for such improvement, tai r' I hereby certify: other than that due to physical deterioration within That on -------------------------------- the reasonable control of the owner, has been dis- � :t', (date)(s), I personally made a field inspection of regarded in determining the compensation for the the property herein appraised and that I have af- property. forded the property owner the opportunity to ac.- That neither my employment nor my compensa- ' company me at the time of inspection. I have also tion for making this appraisal and report are in any personally made a field inspection of the comparable way contingent upon the values reported herein. j sales relied upon in making said appraisal.The sub- That I have no direct or indirect present or con- ; :;, ject and the comparable sales relied upon in making templated future personal interest in such property ; '• .': said appraisal were as represented by the photo- or in any benefit from the acquisition of such prop- 4 graphs contained in said appraisal or in the data erty appraised. a book or report that supplements the appraisal. That I have not revealed the findings and results That to the best of my knowledge and belief the of such appraisal to anyone other than the proper cdi ,•. . statements contained in the appraisal herein set officials of the acquiring agency of said Sponsor or forth are true,and the information upon which the officials of the Federal Aviation Administration and r opinions expressed herein are based is correct;sub- ` �'�'':� I will not do so until so authorized by said officials, ject to the limiting conditions therein set forth. or until I am required to do so by due process of That i understand this market value appraisal is law, or until I am released from this obligation by t.: to be tised in connection with the acquisition of land having publicly testified as to such findings. art project b y --- ------ p 1 'That the conclusion set forth in this appraisal is for an air �ro with the assistance of ADAP funds,or other Federal my independent opinion of the value of the prop. funds. erty as of the ------------ day of -------- �•. That such appraisal has been made in conformity -------- 19--, and that such conclusion was appropriate g reached without collaboration of direction as to ti;.;• with the a 3ro riate State laws regulations and policies and procedures applicable to appraisal of h� . . I 1 PP• PP value. v land for such purposes; and that to the best of my r'+ knowledge no portion of the value assigned to such It is my opinion that the fair market value of the b P above captioned real property is as follows: property consists of items which are noncompensable P Value before acquisition . under the established law of said State. q �-------- i That any decrease or increase in the fair market Value after acquisition $-------- �'fi value of real property prior to the date of valuation Value difference $-------- caused by the public improvement for which such The property has been appraised for its fair •4 AC 154/5100-11 APPENDIX S 'Page 2 market value as though owned in fee sitnple,tor as Date of contact: __ Name: ------ encumbered only by the:-xisting easement in favor of ----------------_ Signature: -------------------------------------------- ---------------1 19-- , reel by regulatlotu �• :.• ,;;1. ---------------------------------------,._-- NaTS,--�f)thcr statements, ►�ira! the !! at an appraisal urganizatiuu of which the appraiser 4 a !.':;,` The opinion of value expressed above is the result ��...t.+ member or by circumstances connected with the appraisal of and is subject to the data and conditions de- assignment or the preparation of the report, may be scribed in detail in this report of____ pages. inserted where appropriate, AWr' , art•, ,. � .. •h, i 1 • � CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 4 qP During the performance of this contract , the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT" ) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations ) , which are herein incorporated by reference and made a part of this contract . 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors , including procurements of materials and leases of equipment . THe contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations , including employment practices when the contract covers a program set forth in Appendix B of the Regulations . 3. Solicitation: for Subcontracts , Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment , each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4 . Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books , records, accounts , other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions . Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions-for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to -- Afflk a. Withholding of payments to the contractor under the contract until the contractor complies , and/or b. Cancellation, termination, or suspension of the contract, in whole or in part . 6. Incorporation of Provisions . The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment , unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract. or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.