Loading...
Independent Contractor - 2013 - Rincover/Negotiations Services/Appraisals - 11/25/2013 Professional Services Agreement Between NEGOTIATION SERVICES, LLC(hereinafter"CONTRACTOR") and CITY OF EAGLE to conduct Appraisals and Negotiations for the CITY OF EAGLE PATHWAY PROJECT 1. Scope of Work. Contractor agrees to fulfill all requirements and procedures, as required by law, to acquire the necessary access or property needed to complete the City Of Eagle Pathway Project. 2. Additional Work. 'Contractor provided the scope of work with a good faith estimate of work and costs associated with this project. In the event that additional work will be needed to complete the project Contractor will notify City Council and a supplemental agreement may be developed as agreed by all parties. 3. Costs. Costs are set forth below. The total for professional services will be Twenty Six Thousand Three Hundred Dollars ($ 26,300.00). ADMINISTRATION $ 2,500.00 APPRAISALS (Michael Wright, MAI) 4 Appraisals (see attached) $ 12,800.00 REVIEW APPRAISALS (Review appraisals are not required) NEGOTIATION SERVICES, LLC 4 Acquisitions Parcel 43 &45 $ 1,500 per parcel $ 3,000.00 Parcel 46 $ 3,500 $ 3,500.00 Parcel 35 $ 4,500 $ 4,500.00 $ 11,000.00 TOTAL FOR SERVICES $ 26,300.00 4. Completion Time. It is expected that the appraisal and negotiation services required for this project may take up to three (3) months. This time frame begins when the City, or its contractor engineers, has provided approved project plans, legal descriptions and current title reports. Any delay in receiving the required information will cause delays in beginning and completing this Agreement. 5. Compliance. Contractor agrees to fully comply with all appraisal and acquisition procedures imposed by Federal, State and local laws and ordinances 6. Payment. Contractor invoices shall be due within 20 days of receipt. 7. Entire Agreement. This instrument contains the entire agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party that are not contained in this contract shall be valid or binding. This contract may not be enlarged, modified, or altered except in writing signed by both parties and endorsed on this Agreement. 8. Governing Law and Venue. The laws of the State of Idaho shall govern all questions and interpretations concerning the validity and construction of this Agreement, the legal relations between the parties and performance under the agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Ada, State of Idaho. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 9. Severability. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. . ♦ , / La i Rmcover, Managing Partner Reyn:►Id 7 Mayor Negotiation Services, LLC 'ity of Eagle //� f3 Date Dat Attested: #4•,.•••••,,.,,,*� # V EAG o"""" r <41A'43 "" .. . _ Jilt,/ , ♦ .0 4' "L - Jilt,/ .7[s a . 4 aron c'•rgmann, City Clerk / (d r' iiiii4: Sle, ‘,,,, s ,s MICHAEL WRIGHT,MAI WRIGHT REAL ESTATE SERVICES 885 W.BEACON LIGHT ROAD EAGLE,ID 83616 November 7,2013 Larry Rincover Negotiation Services,LLC PO Box 433 Boise,ID 83701 Re: Appraisal of the fee and permanent easement acquisitions associated with the proposed City of Eagle pathway project. Dear Mr. Rincover: Based on our recent meeting and what is known about the proposed project to- date, the scope of services for the appraisal assignment would include the development of the applicable approaches to value and summary appraisal reports compliant with the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal assignment is comprised of three fee simple acquisitions on residential lots in the Laguna Point Subdivision and an analysis of the market value of the proposed 25' wide permanent pathway easement located on Common Area Lot 35. The appraisal fees for the respective properties would be as follows: Lot 43 -ITD 2288 Summary Appraisal Report $1,950 Lot 45 -ITD 2288 Summary Appraisal Report) $1,950 Lot 46-ITD 2288 Summary Appraisal Report $1,950 Lot 35 -Permanent Easement-Narrative Report $6,950 Total $12,800 I appreciate the opportunity to be of service to you and please contact me at your earliest convenience if you have any questions concerning this proposal. Sincerely, �J Michael Wright, MAI Idaho Certified General Appraiser #854 ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT PURCHASER: CITY OF EAGLE SELLER: MULTIPLE PROJECT: CITY OF EAGLE PATHWAY PROJECT The responsible broker for this transaction shall be Lawrence Rincover,Negotiation Services. IMPORTANT-AGENCY REPRESENTATION CONFIRMATION REPRESENTATION CONFIRMATION: Check one(1)box in Section 1 and one(1)box in Section 2 below to confirm that in the transaction,the brokerage involved had the following relationship with the Buyer and the Seller(s) Section 1 ® A. The broker working with the BUYER is acting as an AGENT for BUYER B. The broker working with BUYER is acting as a LIMITED DUAL AGENT for the BUYER, without an ASSIGNED AGENT. C. The brokerage working with the BUYER is acting as a LIMITED DUAL AGENT for the Buyer, and has an ASSIGNED AGENT acting solely on behalf of the BUYER. D. The broker working with the BUYER is acting as a NON AGENT for the BUYER. Section 2 A. The broker working with the SELLER is acting as an AGENT for the SELLER. B The broker working with the SELLER is acting as a LIMITED DUAL AGENT for the SELLER without an ASSIGNED AGENT. C The brokerage working with the SELLER is acting as a LIMITED DUAL AGENT for the SFr I FR,and has an ASSIGNED AGENT acting solely on behalf of the SELLER. El D The broker working with the SELLER is acting as a NON AGENT for the SELLER. Each party signing this document confirms that he or she has received,read and understood the Agency Disclosure Brochure and has elected the relationship confirmed above. In addition,each party confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A"CUSTOMER"AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understand that the above confirmation DOES NOT create an agency relationship between the broker and the BUYER and SELLER and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS there is a SEPARATE signed written agreement as required by IDAHO Statute to create that relationship. i0 .***'‘ 3 r im Reyno ds,Mayor 11/ '/2013 Sharon Ba a•., `, ity Cle I 12013