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Home My WebLink About267662 APPRAISAL SPECIALTIES - CONTRACT - CONTRACT - MASON STREET COORIDOR(PSAFORMSOMMERS.WPD 10/11/02) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and APPRAISAL SPECIALTIES, INC., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide summary appraisal reports, in accordance with Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs and Standards Rule 3-2(f) of USPAP, for the properties described on Exhibit "A" attached hereto and made a part hereof. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be completed on or before November 13, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at anytime without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. EXHIBIT "A" Page 5 of 5 FOSSIL BOULEVARD ••Y•e^.. x' vvca' I /./// Tim\\--+; - i 1•' f � / I[CES- NID OP•i1111:E E1411FK / � o (l i � �, I Y, 501.15•m"k 16919' � jL �I p Ini I Is ul Ikl I • O O mI n —� � T a io 0 0 IJ TV a !II m'~m I T f I 11 C I Im -n 1 i Z ' m s vo-w-a5• w TISW I i I � LR I I i= i Y igJl E I t5U181tt rwsfu2rt 1 � I ' ane, '. :aw znw' 44' wi 1: 00.98'15^ E 133.98' �+ SOUTH COLLEGE AVENUE:: 287 Y F C•:]•0.^- C 15:Z 1P $AT WE Cf $ECC4l 2-fi B46 ffi 2E,Wi:i 7 of 7 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Harold Sommers Appraisal Specialties, Inc. 105 South Meldrum St. #1 Fort Collins, CO 80521 With Copy to: City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Ron Mills Real Estate Services Mgr. City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered priorto the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design Project Indemnityand Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered bythe Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $500,000. 5. Compensation. Inconsideration of the services to be performed pursuantto this N Agreement, the City agrees to pay Professional a fixed fee in the amount of Seven Thousand Five Hundred Dollars ($7,500.00). Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. Ron Mills, Real Estate Services Manager, is the project representative who shall make, within the scope of his authority, all necessary and proper decisions with reference to the project. All requests forcontract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Independent Contractor. The services to be performed by Professional are those of an independent contractorand not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neitherassign any responsibilities nor delegate any duties arising under this Agreement without the priorwritten consent of the City. 9. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be M construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting partycommences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by anycourtof competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 12 APPR VED AS O FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation M M Reathstate PervjQvs Manager DATE:i_ APPRAISAL SPECIALTIES, INC. By: 7 / _-- Harold Sommers Date: ! o 'L 5 EXHIBIT "A" Page 1 of 5 DESCRTPTION-Parcel 1: (Westerly portion of ARBOR SOUTH FIRST ANNEXATION) A tract of land lying in the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado being more particularly described as follows: Assuming the East line of the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the 61h.Principal Meridian, Latimer County, Colorado bears S 00'47'00" W with all bearings herein relative thereto. COMMENCE at the Northeast corner of Section 2, Township 6 North, Range 69 West of the 6th Principal Meridian; thence run S 00'47'00" W along the East line of the Northeast 1 / 4 of said Section 2 for a distance of 1445.86 feet; thence leaving said East line run N 88'52'00" W for a distance of 47.36 feet to a point on the West right of way line of State 110way No. 287 (College Avenue), said point also lying on the North line of ARBOR SOUTH FIRST ANNEXATION; thence continue N 88'52'00" W along said North line for distance of 609.38 feet to a point on said North line,'said point also being the POINT OF BEGINNING; thence continue N 88'52'00" W along said North line and a Westerly extension thereof for a distance of 303.82 feet to a point on the East right of way line of the C & S Railroad; thence leaving said Westerly extension of said North line run S 00'53'00" W along said Fast right of way line for a distance of 600.98 feet to the South line of the aforesaid ARBOR SOUTH FIRST ANNEXATION; thence run S 88'44'34" E along said South line for a distance of 246.66 feet; thence run S 01'10'20" W along said South line for a distance of 29.91 feet to a point on the North line of Fossil Boulevard; thence run S 88°55'26" E along said South line and said North line of Fossil Boulevard for a distance of 54.05 feet; thence run leaving said North be N 01*10'45" E along said South line and allortherly extension thereof for a distance of 631.37 feet to the POINT OF BEGINNING. Containing 183,364 square feet (4.21 acres more or less) and being subject to all easements and rights of way of record. EXHIBIT "A" Page 2 of 5 C O; moo$ C oa �a J 68044'34" W hatch denotes current Fort Collins city lirnits S MOWN" E N 88'52'00" W 4 303.82' 6� East fight of way C dt S Railroad building 5.V inside property (max.) N 88255'26" 54.05` S 88'44'34" E 246.66' N 01.10'20" E 29.91' S 88'52'00" E 609.38' S 01010'45" 112.05' hatch denotes curr Fort Collins city 1'n• e EXHIBIT "A" 3 of 5 DESCR PTION-Parcel2• (Katopdis property) A tract of land lying in the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the 6th Principal Meridian, Lorimer County, Colorado being more particularly described as follows: Assuming the last line of the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado bears S 00°47'00" W with all bearings herein relative thereto. COMMENCE at the Northeast corner of Section 2, Township 6 North, Range 69 West of the 6th Principal Meridian; thence run S 00°47'00" W along the East line of the Northeast 1/4 of said Section 2 for a distance of 1445.86 feet; thence leaving said East line nm N 88°52'00" W for a distance of 47.36 feet to a point on the West right of way line of State highway No. 287 (College Avenue), said point also lying on the East line of ARBOR SOUTH FIRST ANNEXATION; thence run S 00051'24" W along said West right of way line and said East line for a distance of 495.62 feet to the South line of said ARBOR SOUTH FIRST ANNEXATION and the POINT OF BECTINN1NG, thence leaving said West right of way line and said East line run S 87°58'53" W along said South line of ARBOR SOUTH FIRST ANNEXATION for a distance of 613.06 feet; thence run S 01 ° 10'45" W along said South line for a distance of 112.05 feet to a point on the North line of WF,BERG P.U.D.; thence leaving said South line run S 88°55'26" E along said North line of WF13FRG Y.U.D. for a distance of 612.93 feet to a point on the aforesaid West right of way line of State Highway No. 287; thence leaving said North line run N 00°51'24" F. along said West right of way line of State Highway No. 297 for a distance of 145.15 feet to POINT OF BLGINNiNG. Containing 78,775 square feet (1.81 acres more or less) and being subject to all easements and rights of way of record. EXHIBIT "A" Page of 5 m i CD io r r CDN U m .P D v O to � N Boulevard m o. W. - - 00 ^n n� y o a n_a O O is 3.3 w m N U O; a � w � t n N A f a I n OI O S 00'51'24" W _ - hotdenotes current- _ - $ QQ att FCollins city limits U. S. Highway # 2i fWWAY ES