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HomeMy WebLinkAboutResolutions 86-010 N.C.S. 01/06/1986JAN 61986:Y~~' Resolution No. 8s-io N. C. S. of the City of Petaluma, California RESOLUTION-AUTHORIZING ::THE MAYOR OR ' CITY MANAGER TO ENTER INTO AND SIGN AN AGREEMENT WITH. ROBERT KOENITZER FOR APPRAISAL SERVICES AT 154 WILSON STREET BE IT RESOLVED THAT the Mayor or City Manager is hereby authorized to enter into and sign an agreement with the Robert Koenitzer for appriasal services at 154 Wilson Street; and, BE TT FURTHER RESOLVED the estimated cost of such services is as outlined in Exhibit A, is $'2,000.00 the. power and authority conferred upon this Council by the Charter of said FIN2 I hereby certify the. foregoing Resolution was, introduced: and adopted by the Council of.the City 'of Petaluma at a (Regular) (Ki71iTjt~6) meeting on the ._....6th.....:_.,._. day of ........J~A.II~%y ................................... 19. ~6., by the following vote: ...._.. AYES.: Bond, Cavanagh, Davis, Tencer, Vice Mayor Balshaw, Mayor Mattei NOES: None .---.. ABSENT: Wool/Se ~ ~ /~ ATTEST: .. .... . .... :_ ...~L."... ...... ~~__ ity Clerlt Mayor Coun©1 Films ............:....................._ Form CA 2 7/81 ~. No,....,$6.-LQ._N~S J _',7n. ] rX}lI B17 l E-_ qGp~'. ~ *I' }UR AppRgIS4L SERVICES (ACQUISITION) THIS AGR~T'IEATL, entered into this 6th day of 198 by and bet-ween 3 ii~_~~~~~, State of 3~ .1 .OZP ~ hereinafter referred to as e Agent- - y," and ROBERT K6ENITZER, ~_, hereinafter referred to as the "P.ppraiser." WI'INF.SS~.I1-3 THAT: ~rj.~AS, the Agency proposes to acouire certain. real property and desires that the Appraiser furnish the Agency certain services with respect to such property, including an appra:.sal of each parcel of the property, and the Appraiser represents that he is fully qualified to perform such services and will furriish such services personally; and W}~2FAS, the services to be provided under this P.grear~nt are necessary to achieve rile purposes of the Conununity Development R1 oak (;rte fi r~~'d the lr~ifoi~n F`°location Pssistance and Rea Properly AcrnLSfion Policies Act o 1 /U (udior`fi Acts . NOW, Tn~URE, the Agency and the Appraiser, for the consideration and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. Property To Be Appraised. A description of the real property to be appraised, including an identification of any interests in the real property to be specifically excluded from appraisal, are set forth >r the attached E~chibit A. A separate.appraisal is to be furnished for each "parcel." (The terR;'barcel" means any tract or contiguous tracts of land in the s~ cMmership, ~~ether an~• such tract consists of~one or•more platted lots or a fractional parr of a lot. An easement or other separately held interest in two oY rrnre parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so ant}-rroered. An easc~rent in a parcel that is appurtenant to another parcel to be acquired by the Agency shall be considered to be part of such other parcel and an exception to the title or the parcel ancsnbered.) %ach parcel shall be considered to include all right, .title, and interest of the owner in or tc am' adjacent or abutting streets, alleys, or other publ=ic rights of way. ARTICLE 2. fiu-~se and Rasis of Valuations. (a) Furoose and Sienficance of ADOraisals. The appraisals to be furnished tinder this agreement are reouired by e Agency for i:.s guidance in making fair and i--partial determinations of fair market value and the just eorrroansati.on to be offered to each property chmer. The Appraiser shall be guided by those objectives cinen esturating values. Appraisal reports will he reviewed careiuliy by the Agent}•. Accordingly, the text of each appraisal report must cover all matters germane to the required valuat"ion findings and mist provide a full explanation of the Appraiser's reasoning and his analyses of the evidences of value, so that a reviewer will be able to follow the Appraiser's analyses acid understand 'now he reached his valuation conciusi.ons. (b) fworaisal Standards. The appraisals under this agreement shall be based an nationally recoer.izec appraisal standards and teci-miaues to the extent that such principals are corsrstent ~,rlth the conceals of value and the rules an the aa;rissibility of evi.a._~ce of value under the eminent ooiain law o: the State. .radars relating to race, color, religion, sex or national origin, of tc racial, religio•,~s and ethnic identification of neighborhooas are not relevant to the estimation of value and shall not be considered in cormectian with appraisals of resiaential real property. (c) Bate of Vzluaton. The Appraiser.'s valuation shall be as of a date concuzTent with the prepara- 'ti:on o his report, iuiless the Agency has specified some other date of valuation. (d) Relocation ;pssistance. The Appraiser's analyses and opinions of property value shall not reflect any a lowance for the relocation payrnants and other assistance provided under T'tle II of *_he tnifonr, Act.- _- 9/7° Page 1 Robert Koenitzer Reso. 86=10.NCS 1 '-;/6.' Eh]fICTT 1B-2 • (e) Influence of.Froject on Property Value. In forming his opinion(s), the Appraiser shall disregara any decrease or increase in the. air market value of the-real property to qe acouired, prior to the date of valuation, caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than that due Co physical deterioration within the reasonable control of the owner. (In the case of a partial acquisition, using the before-and-after method of valuation, the Appraiser's opinion of the value of the remaining not=to-be-acquired portion of the property shall reflect any increase or decrease in value attributable. to the: project.) If the determination of changes in value caused by the project is a problc3n, the Appraiser's report shall cite the ruling followed and its source and shall explain the effect of the ruling oh his opinion of value. ARTICLE 3. Scope of Appraiser's Sen~ices_ The Appraiser agrees to perform the following services (a) Appraise each ~cel and prepare and deliver to the Agency, crithin twenty caienoar days after the date o this agreement, ~_ copies of the appraisal reports co ron~ n' g to the provisions of this agreement. The Appraiser shall personally inspect each parcel, including all buildings, structures, fixtures, and other i~rovements to the property. The Appraiser shall give the owner or his designated representative an opportunity to accompany the Appraiser during his detailed inspection of the property. If the a mer of a compensable interest in the property or a representative of such ocaner does not accompany the Appraiser during the inspection, the Appraiser shall include in his appraisal report a copy of his notification to the caner of the oppornnity co .accompany the Appraiser and evidence of the aaner's receipt of such notification. In the process of inspecting the property, the Appraiser shall, to the extent practicable, ascertain the rights of all parties in possession and note for consideration all factual information and conrnents furnished by the owner or his representative relevant to the appraisal. (b) Testify as an ei.~ert-wirness in behalf .of the A~,ency in any judicial proceeding involving any property appraised under this agreement. Such services shall include such reasonable time as may be required for reinspection of the property, updating the Appraiser's valuation, participation in pretrial conferences with counsel for the Agency, and testifying in the judicial proceeding. The ccxnpensation for sue}i services shall be determined in accordance with Article 6. ,~~ (c) Modify or furnish. supplements to any appraisal report furnished under this agreement, without additional cost to the Agency, (1) applicable principles of law with respect to the valuation of the property reduire the modification dr supplementing of such appraisal, (2) material omissions-, inaccuracies, or defects in the appraisal report are discovered after delivery and acceptance of the report by the. Agency, or (3) the Appraiser receives or becomes aware of relevant additional appraisal information i:n exis tence prior to the date the Apprai.ser~signed the report. If there is a significant delay between the date of valuation and the date of acquisition of any parcel or if the property has been materially altered since the appraisal by afire, a revised determination of the bounaaries of the property to be acquired, or other cause, the Appraiser shall, if reouested by the Agency, furnish the Agency a supplerientary report updating this valuation and the supporting data and analyses to a current date. Tne cairoensation for such updating of an appraisal shall be determined in acc"ordance with Art-icle 6. (d) Estimate the value of any ri ht or interest roposed to be reserved by the owner in a property appraise y t e Appraiser, such as an easement or access, to other property of the owner, the right to continue occupancy for an extended period after the f~ency acquires the property, or the right to remove any building, structure., fixture, or other improvement. Tne compensation to be paid to the Appraiser for furnishing any such valuation shall be determined in accordance with Article 6. (e) Consult with the Agency and its legal counsel regarding services to be performed by the Appraiser, at suctime s as may be rrnstually convenient for the parties to this agrer3nent. The Appraiser shall initiate 'such consultations whenever he is in doubt as to•whether an element of property is.real or personal property or needs legal advice on•any aspect of the appraisals fo be furnished under this agreement. .There shall be no charge by any party for such consultations. ~/7~ Page 2 Robert Koenitzer Reso. 86-10 NCS '376.1 EX!'.IBIT 1B-2 ARTICLE 4. Contents of fwprasal Reports. .Each appraisal report to be famished by the Appraiser under .this agreement shall contain certain information and the Appraiser's conclusions and opinions., together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each.. parcel. However, if rrore than one parcel is to be appraised, all general data may be included in~a separate data volume that is referenced in the separate appraisal reports on the individual parcels. The appraisal report on each parcel shall include the following: (a) A sumnaiy headed "Appraisal Report for (name of the Agency)" that prrnTides the followuzg: (1) Project name and number. (2) Date of the report. (3) Parcel number, address of the property, brief identification of all interests in the property appraised, and the r~arne of the omen(s) ,;including any tenant-aaners. (4) Rte(s) of the Appraiser's inspection of the property with the c~.mer(s) or the a.,mer's designated representative, including the name of each a.ner or representative of an owner who accompanied the Appraiser during. his inspection and the interest held in the property or the representative capacity. of each such person. (5) The Appraiser's estimate of the fair market value of the entire parcel and the fair market value of the same interest in the land, as if vacant. (6) The limiting conditions of the appraisal, winch may include assurmtions (1) that the title is good and marketable, (ii) that no responsibility is assured by the Appraiser foz legal matters, especially those affecting the title to the property, (iii) that the legal description.. of the property and the interest in the property to be appraised, furnished to the Appraiser by the Agency, is correct, and (iv) that no survey of the property has been made. Any other appropriate assu<,.tion or limiting condition may be added if .it has been specifically approved in writing by the Agency. (7) The certifications :of the Appraiser (i) that he personally made a thorough inspection of the property, (ii) that, to the best of his knowledge and belief, everythir~ contained in the report is true and no relevant and important fact has been anitted, (iii) that neither his employment nor his ca~ensation°is contingent on the valuation reported, and (iv) that he has no past, present, or prospective interest (incluaing that of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict in any way with the services performed or the m?king of an impartial report. (8) A certification that, in the Appraiser's opinion,, the fair market value of the property is (an amount to be stated) as of (the date of valuation). (9)• .The signature of the Appraiser. (b) 'The nacre and adaress of the owner of the property and the narr~ and the auaress , if i~v.,m, of any otner .party own or be ieved to hold a. separate carvensable interest in the property. (c) The street address and an accurate descr~tion of each parcel and all interests in the parcel appraise T`ne~property description snaTT-identi~y~l conditions, restrictions, easements, servitudes, aril reservations affecting the title. The property description wall specifically exclude and. de§cribe any separately held interest in the property that. is to be acquired separately or as part of another parcel. The description shall also specifically exclude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's project. If there are any separately held interests in a parcel, which are to be acquired with - other interests in the same parcel, such as leaseholds, tenant-caned improvements, life estates, easements, and water, gas, oil, or mineral rights, a description of each such separate interest and- the name of its caner shall be furnished. Page 3 Robert Koentzer Reso. 86-10 NCS l.i."/6. 1 LX;;I'B'IT IB`=? (d) Of-f=record bale information concerning interests or instrts that affectttle, but are not,cir record, sucn as eases, options to renew a lease. contracts of sale, and other interests or rights of parties in possession. Such information shall be reported,.and if available facts are sufficient, the Appraiser's report shall be based on such additional title information and so noted in the appraisal report. Otherwise, the Appraiser shall refer the matter to the Agency and defer ccxrvletion of the appraisal until the question is resolved. , (ej Hasic roperty data including pertinent infonnatian with respect to such matters as (1) the ern~ircmnxnt an oeation of the property, (2) the zoning and any restrictive covenants, conaitions, or ser.~itudes affecting the available use or occupancy of the land, (3) the assessed value of the real property and the current annual real estate, tax burden, (4) the use and occupancy of the property at time of appraisal, (S) the public imprwements, services, and utilities sensing and providing access to tiie property, (6) the character, topography, aimensions, and area of the land, (7) the freedan of the property from special hazards, (8) the ctu-renf rental and. rental history of the property, if rented, (9) the estimated annual costs of ownership and for operation and maintenance of the property, and (10) a description of the buildings, structures, and other improvements, if any, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions..,-f7,oor area, age, condition, space or roam arrangement, functional utility, and any other characteristics or attributes of the improvements germane to the value of the real property. The appraisal report shall contain a general sketch p-lot showing 'the s'nape ant dimensi~ts of the land, the location of the principal improvements on the land, the location of any easements in the land; and the abutting streets, alleys, or other public. rights of way. Tne report shall also include such photographs, each clearly identified, as may be appropriate. (f) Report of any condition or occupancy of the 'property in violation of law that may affect the value of the property. (g) The Anoraiser's opinion as to the highest and, best use for the property. the appraisal report shall a so inc e e Appraiser s opinions as to any of er use•(s) for which the property is reasonably suitable or adaptable. If the property is unused vacant land or the highest and best use is not self-evident or is found to differ significantly from the present use, the appraisal report .shall contain rile analyses by which the Appraiser reached his conclusions as to the highest and'-best use and as to the relative suitability or adaptability of the prgpert}* for any othe- use(s) for which the property could_ reasonably be considered to be suitabie.or aaaptable. Tne analysis of a potential use shall include consideration of relevant matters;-such as the suitability of the location, the environment and the 'legal and physical attributes of the property for such use, the estimated cost, if .any, of converting the property to such use, and the, supply,.. sale price levels, and relative desirability of other properties that would coRroete for the same kind of use. Tne analysis of the property for the future use or uses foi.md to be the highest and best use is cart of the process of appraising the, property and, tiYerefore, maY be included in the valuation analysis furnished in accordance with Paragraph 4 (h) below. (h) The opinion of the P.DOraiser as to the fair market value of the property. The appraisal report shall caitain a escription o the: reasoning .process use y e Appraiser in reaching his conclusion as to value and all data and analyses needed to explain and support-his valuation. The supporting data and analyses furnished in the appraisal report shall include, the following: (1) An analysis of the property, Eton the"point of view of evaluating the effect of its characteristics and attributes on its value for the available use or uses for whi~Z the property is best suited. Particular attention snalT be given to the characteristics of the property irnst relevant to its value, such as, in tale case of an investment property, the intone potential and the .expenses of ownership, maintenance; and operation. (2) An identification of the most recent sale of each property appraised and any other sales of such property during the last (5) years preceding the appraisal. Such sale(s) of the property appraised and all recent sales of carnearable properties considered by the Appraiser in fomung his apinon(s).of fair market value shall be yeti-fled insofar as practical. Tne information :furnished with respect to each such sale shall include, among other pertin~t facts; the names of the grantor and grantee; the date of the sale, the" sale price; an_y special terms or conditions ~r cizcunstances of the sale that affected the transaction, and a description of the property and its condition at tine of sale in sufficient detail for use in na;cing the appraisal. ~/7S Page 4 Robert Koentzer Reso. 86-10 NCS ' 1 ~ 7 6.. 1 EXHIBIT 1B-2 (3) The analyses chat constitute the principal basis for the Appraiser's opinion of the fair market value. Tne appraisal report shall .contain the Appraiser's evaluation with respect to previous sales of the property appraised and any recent offer of the owner to sell the property. Tne appraisal report shall also contain the Appraiser's analysis of each comparable property and its sale in relation to the prol.crty appraised. The Appraiser's analysis s]-~a11 reflect appropriate allowances for the difference in the time of the sale of the comparable properties and the date of appraisal and the differences in the utility, desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map shoring the location of the property appraised and the comparable properties referred to in the apptaisai report. (4) All other information, analyses, and estimates considered by the appraiser to be relevant to the estimation of .the fair market value of the property. (5) If the property appraised is part of a larger parcel in the same ownership or is less than the entire interest of the owner in the property, the appraisal report shall contain the Appraiser's opinion of just.eompensation for a taking of such property or interest, using the before-and-after method of valuation as interpreted under State law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. However, if the part or interest to be taken is such a small part of the whole property that the damages for the taking can be more accurately estimated directly, that method gray be used if permitted under State law, without estimating the fair. market value of the entire property of the caner. The foregoing opinions of the Appraiser shall be supported in his report by the data and analyses by which he reached his conclusions. For information purposes,, the appraisal report shall also contain the Appraiser's estimates of the fair iraricet value of the to-be-acquired part or interest as part of the whole property and the net damages or benefits to the "remaining property of the a..mer. If in the opinion of the Appraiser, acquisition of the part of, or interest in, the property proposed for acquisition would leave the caner with an uneconomic re~mant, the Appraiser shall furnish a separate estimate of the fair r~rket value of a "parcel" comprising both the parcel proposed for.acauisiton and the Lmeconomic reRmant: (A remainder parcel or interest shall be considered to be an uneconomic remnant if by itself it has little or no utility'or value to the owner.) (6) Such maps, plans, photographs, or other exhibits, as necessary, to explain or illustrate the analyses of the Appraiser. (7) The Appraiser's evaluation of the indications of value deauced fran his separate analyses of the various evidences of value and an explanation of how he reached his final conclusion as to the fair market value of the property. (i) The opinion of the Appraiser as to the fair market value of the land, as if vacant. The valuation shall be rot the same. interest in the land 'as is to be acquired- in the real property. The report shall contain 'information with respect to the available use or uses for which the hand would be .suitable if vacant, the opinion of the Appraiser as to its highest and 'pest use, and the Appraiser's analysis of the evidences of value and of the use potential by which he reached his conclusions as to the highest and best use of the land and the land value. (j) A prwerry analysis if the property is a carmercial, industrial, institutional, governmental. or farm proper[v that involves substantial quantities and kin3s of fixtures such as machinery and eaui:pme<~t. Any building, structure, fixture, or other imprwernent, which would be real property if caned by the owner of the land, shall be considered to be real property (even if the improvement is the property of a tenant who has the right to remove it or the obligation to remove ie at the expiration. of his teTm). The property analysis must be approved by the Agency before the appraisal is colleted and, as approved by the Agency, shall be included as an exhibit in the Appraiser's report. The propertyy analysis shall list, identify; and classify as to ownership and type of urprwement, all iGe:ns of physical property considered to be part of -the real property. The. property analysis shall also identify tangible p.~rsanai property located on the pre:rises to the extent reasonably necessary to prevent misundersta-wings as to what is regarded as being real or personal property- Buildings, structures, fixtures and other i_Troravus~ts, incluaing their. accessories ~/ %~ Page 5 Robert Koenitzer Reso. 86=10 NCS 176.1 L'XI :1 B`I T 15- 2 and spare parts, shall be identified and classified as to d~anershp and type of property as follows: (1) Ownership. (i) Owner of the land. (ii) Each tenant in occupancy. (iii) Each non--occupant owner of any fixtures or other improvements, or personal property on the premises. (2) Type of property. (i) Building, stn~cture, or fixed irrmrovement. (ii) Building equipment, removable. (iii) Fixtures, classified as to whether economically removable for reuse, remx~vable for salvage only, or 'irremovable. (iv) Personal property, identified as to types and approximate amounts, or othenaide as needed to prevent misunderstandings as to the classification of any item. If any building, structure, fixture or other improvement is not to be acouired, will not be adversely affected by the Agency's project, and will not be reouired by the Agency to be removed, such as a pipeline in an easement not to be acquired, such improvement shall be identified as excluded from. the appraisal. (k) If machinery and eauiomenc or other fixtures used in a trade or business, farm operation., or institutional or governmenta runct-ion constitute part of the real property; the appraisal report shall contain a separate schedule which provides separate estimates .for each such item, as prescribed below. If there is inure than one owner of such items, a separate schedule shall be , furnished for each owner. T'he information. and conclusions to be furnished on each item are as j follows: . (1) Description of the item, including, as appropriate, the manufacturer, model and serial number, size or capacity, age: and. condition, and degree of obsolescence. Accessories and spare parts, special'foundacions, and pacer wiring and process piping generally shall be listed separately, follvsing the listing of the item(s) to which they apply. (Z) Estimate of the replacement cost installed of the itan as listed and identified (excluding any elements listed separately). Separately identify the basis of esti-*iated replacement cost (new or used). (3) The cantrioutive (enhancement) value of the item to the fair market value of the real property as a whole- (4) Estimated fair market, value of the item for.remaval from the property at a purchaser's expense. ~Sueh value shall be considered to be the. probable selling price if the item were offered ,for sale for removal from the property at the purchaser's expense, allowing a .reasonable time to find a purchaser buying with knowledge of the uses and ptsposes for wnieh it is adaptable and .capable of being used, including; salvage for serviceable cczr<ponents and scrap when. it appears that will provide the highest value. The schedule(s) of estimates shall be consistent, with the property analysis approved by the Agency, as provided in Paragraph 4 (j). The~Appraiser is permitted to use the services of such technical specialists as may be needed to .enable the Appraiser to provide valid estimates and sound valuations. The schedule(s) shall be supported. by an explanation of the procedures followed in gathering the necessary market information and technical data. T"ne principal purpose of the Appraiser's accoiroanying narrative, however. ~,st be to explain his analyses and his evaluations of the dollar amount of the overall contribution of the machinery, equipment, and fixtures to the faix market value of the real property as a whole.. Tne report shall contain any layout plan-:, sketches., or photographs that are Page 6 Ro6erY Koenitzer Reso. 86-10 NCS 1376.1 EX}}I BIT 1B-2 ~~- reasonably necessary for locating or identifying the facilities or illustrating the Appraiser's analyses. (1) If there are separately held interests in the real property to be acquired, such as easements, lease s, air rights, ire estates, and oil, gas, or mineral rights, and the division of aanership is not of such character as to destroy the practical.imiey of the. property, the Appraiser shall apportion his estimate of the fair market value of the property (all interests in the property to be acquired) to each separately held interest. (However, tenant-caned i~rwements shall be valued in accordance with Paragraph 4 (m) below.) The report shall contain the data, analyses, and reasoning by which the Appraiser made the apportionment. If the "unit rule" is regarded as not applicable because the division of aahership is such as tq diminish the fair market value of the property as a whole, the separate interests involved shall be appraised separately. (m) Tenant-owned improvements. If any building, structure, fixture, or other imarovement to the property is identi led as being the property of a tenant who has the right or obligation to remove it at the expiration of his term, the Appraiser's estimate of the fair market value of the improve- ment shall be the greatest of (1) the amount which the improvement contributes to the fair market value of the property, (2) the in-place value of the imprrn~ement as part of the real property (the depreciated replacement cost of -the imnrwanent installed)., or (3) the fair market value of the i.-rQrovement for removal from the property at the purchaser's expense. The appraisal report shall state the basis-for the valuation of the improvement and furnish the data and analyses on which the valuation was made. (n) If the property is a multifamily or mixed-use (residential and nonresiden*_ial) property and an caner or a compensa e interest in the property .also occupies a dwelling in the property, the Appraiser shall furnish an apportiorunezlt of his estimate of the .fair market value of the whole property to such dwelling aiid to the remainder of the property. For the purpose of this paragraph, an occupant of a dwelling shall be considered to own a comDensable interest in the property if he holds fee title, a life estate,, a 99-year lease., or a lease with not less than 50 years to rtm from the date of valuation, or holds an interest in a cooperative housing project which includes the right to occupy the dwelling, or is the contract purchaser of any of the foregoing estates or interests, or has a leasehold interest with option to ptschase. The Appraiser's report shall explain how he made the apportionment.. ARTICLE 5. Services To Be Provided tiy_ Agency. The Agency agrees to furnish the Appraiser the following: (a) A map or plat, based on official records, of the property described in Article 1, showing the baimdaries an3~mensions of the parcels to be appraised. Each parcel shall be designated b_y s number, and the parcel numbers shown on the Appraiser`s reports shall correspond to the parcel numbers shown on the map or plat. However, additional parcel numbers may be assigned by the Appraiser for easements appraised separately or for additional parcels revealed while making the appraisals. The Appraiser shall promptly advise the Agency of any such additions. (b) An ownershi data report for each parcel. TYiat report wi.L show all estates and interests in the parce as shown oz recor and consequently'shall.not be assumed to acc~ately define the interests to be appraised. The ownership data report on each parcel as shown an the parcel trap will include<'. (1} 'The name (and address, if available) of the caner-appearing on record; (2) The legal description of the parcel as shown by the conveyance(s) by which the record owner acquired title; (3) Identification of the conveyance(s) by which the present caner acquired title, including: the date of the conveyance(s); the date, book and page numbers, and place of recordation; the name (and the address, if available). of the grantor of such conveyance; the stated consideration; the amount of any mortgages ar encumbrances placed of record or to wrtich title was subject at time of conveyances (so far as. determinable from an ~;atni.nation of the conveyance); and the amount. of any State or ,local transfer taxes t:7at were based on the arnoimt of the consideration; (4) ~tstanaing estates and other rights or interests of record, including easements. use _ _ - - :~ ~sxnro 9/79 Page 7 Robert Koenitzer Reso. 86 ,10 NCS .-1 ~:76~. 1 EXY.TBTT 1'B-2 restrictions; mineral rights,, leases, and any known, but unrecorded., interests of other parties. Sufficient information shall be furnished to disclose the probable effect of such outstanding interests vn the title of the record varier; (5) Outstanding special assessments., if any, for public improven~nts such as streets, sidewalks, public utilities, and similar public facilities; (6) The amount of real estate taxes for the current year and the assessed valuation stated separately for land and for improvements. (c) hegal advice, upon request of the"Appraiser, on legal matters affecting the appraisal of any property to oe appraised. ARTICLE 6. Payment. In consideration of the services provided by the .Appraiser under this agreement, the Agency agrees to make payments to the Appraiser upon the suomission to the Agency of properly certified invoices,.. as follows: (a) For appraisal :reports accepted by the Agency, and for all other services furnished in accordance with Article~3, except services fLffnished in connection with judicial proceedings under Paragraph 3(b), the updating of appraisals Linder Paragraph 3(c), and_the valuation of reservations of rights in owners under Paragraph 3(d) , the lump sLan of - - - ~ ~29000.Ofl-" dollars , which shall constitute full payment to the Appraiser for all of such services and for a1 `supplies, materials, and eouipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in connection with the ,performance of such services. (b) For services fin-riished by the Appraiser in connection with judicia~ proceedings as provided in Paragraph 3(b) (except services as an expert witness in such a proceeding), the updating of appraisals as provided in P ragraph 3(c), d the valuation of reservations of rights in owners as provided in .Paragraph 3(d), See 500~7ote~ dollars :per holm' or fraction of an hour actually engaged ir, performing the services, rr~c ing travel time. All expenses of .the Appraiser, includir~2 travel expense and subsistence, shall be borne by the Appraiser. (c) For services as an expert witness for the, Agency in judicial proceedings. as prrn~ided ir. Paragraph 3(b), the Appraiser and the ency hereby ee that the fair and reasonable ca~mensation for the Appraiser's services shall be (~ee fOOt710t2~ dollars for each day's attendance in coLfft. ARTICLE 7. Agreements of Appraiser. As an inducement to the execution of this agreement by the Agency and in consideration o the agreements to be performed by the ,Agency, the Appraiser agrees that: (a) Qualifications. The Appraiser is qualified to perform the services to be furnished under thisagreement an is permitted by law to perform such services, and all personnel engaged in the work shall be qualified and so permitted to do the work they perform.. Attached as Exhibit B, is a statement by the Appraiser, certified by him to be true and correct, setting forth his tecnnicai qualifications, general appraisal experience, ,specific experience in appraising properties of the type involved in this agreement, the courts in which he ties testified as an expert witness, and other information pertinent to establishing his technical qualifications. (b) Solicitation of Agreement. The Appraiser has not employed any person to solicit this agree-rent .and has not ma e; ano.wi not mske, any payment or any agreement for the payment of any com~ni.ssior., percentage; brokerage, contingent fee, or other carroensation in connection with the procurement of this agreement. {c) Interest"of Appraiser and praiser's Emrolovees. The Appraiser does. not have any interest (including that o real estate agent or b;_oker direct or indirect,. .present or prospective, in any property described in Article 1 or in its sale, or any other interest, whether or not in connectivr: with the property, which would conflict in any manner. or degree with the_performance of the services and the submission of impartial. reports, and has not employed and'wll not etmloy, in connection with the services.to befurnished under this agreement, any person having any such interest. Until the property is acquired by .the Agency or excluded from ,its poject~by resolution of its governing body, the Appraiser and any employees of the Appraiser, so long, as -they are employed by the Appraiser, will not acquire any ,such interests and will no*_, for their cwn account or for other than the Agency, negotiate for any of the property, perform services in cot~ection with the property, or testify voluntarily as a witness in a eonde-~atirn or other Droceedint with.respect to the prober. UFootnote:~`Fees for these services, if required, will be established in an aIIlell~Tlt t0 th1S Agreement . Page 8 Robert: Koenitzer Reso. '86-10 NCS i~ t 1376.1 EXtIIBIT 1B-2 (d) Services. To Be Confidential; All services, including reports;, opinions, and information,. to be furnishea under this agreement are confidential and shall not be divulged, in whole or in part, to any person, other than to duly authgrized representatives of the Agency, without prior written approval of the Agency, except by testimony under oath in ,a judicial :proceeding or as otherwise required by law. The Appraiser sha-I1 take a1T, necessary steps to ensure that no member of his staff or organization divulges any such information except as may be required by law. (e) Facilities and Personnel: The Appraiser has and will continue to have proper facilities and personnel to pertorm the services and work agreed to be performed. If the Appraiser proposes to employ any person or persons to make any appraisals of machinery and equipment or other specialized elements or attributes of a property appraised under this agreement, the employment of such person or persons for such purpose shall .not place the Agency under any obligation of such employee, nor relieve the Appraiser of full responsibility for the faithful performance of the services to be furnished under this agreement. (f) Equal Employment Qpportunity. During the performance of this agreement: (1) The P.ppraises will not discriminate against any employee or applicant for empioyment because of .race, color, religion, sex, or national origin. The Appraiser will take affirmative action to ensure that applicants are errmloyed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, derotion, or transfer; recruitment or recruitment ,advertising.; layoff or termination; rates of pay or other forms of commensation; and selection for training, including apprenticeship. The Appraiser agrees to post in consnicurnis places, available to employees and applicants for employment, notices to be prrnrided by the Agency setting forth the provisions of this nondiscrimination clause. (2) The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser, state that all qualf-led applicants will receive consideration for employment without regard to race, color., religion, sex, or national origin. (g) As~sigr~nt: The Appraiser's-rights, obligations, and duties under this agreement shall not be assigned in wTiole or in part, but this shall not prohibit the assignmant of the proceeas due under this agreement to a bank or financial institution. This agreement may be assigned by the Agency to any corporation, agency, or instrim~entality having authority to accept the assignment. (h) Subcontracting. None of the work or services covered by this agreement shall be subcontracted without rile prior approval of the Agency. (i) ,Records. Zhe Appraiser shall maintain records of all details with respect to the services to be per~ornied under this agreement, including one comg~lete copy of each appraisal report and .related notes, for three (3) years after delivering the report.gr until the property is acquired by the Agency or the acquisition is aoandoned, whichever is later. (j) Affidavits of Corroliance. The Appraiser will, if requested by the Agency, furnish the Agency affidavits-eery ;"ing Cairo lance with the provisions of this Article 7. ARTICLE 8.:: Chan es. T1ie Agency, by written notice to the Appraiser, may rrodifv the scope or quantity of the services to e furnished under this agreement. If such cnanges cause an increase or decrease in the annimt of services to be provided by the Appraiser or in the time required for their performance, equitable adjustment shall be msde in the provisions of this agreement for paym~ts to the Appraiser or for the time for pertorm~nce%of 'the services or for both, and this agreem~t shall be modified by agreement of the parties accordingly. ' ARTICLE 9. Termination of Agreement for Cause. If, through any cause, the Appraiser shall fail to fulfill in a tune y an proper manner 's obligations under this agreement, or if the Appraiser shall violate any of the provisions of this agreement, the Agency msy upon written notice to the Appraiser terminate the right of the,Appraiser to proceed under this agreement or with such part or parts of the agreement as to which there has been default, and may hold the Appraiser liable for any darages caused to the Agency by -reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this agreement shall, at the option of the - - - - g~~o Page 9 Robert Koenitzer Reso. 86-10 NCS Agency, become its property and the Appraiser shall be entitled :to receive equitable :compensation .for any wor-k c~leted to the satisfaction of the .Agency. The ,.Appraiser, however:;. shall not •thereby be relieved of liability to the,;Agency for damage's .sustained by the Agency by reason. of .any breach of the Agreement, 'by 'the Appraiser, and the Agency may withhold any .payments-fran the ;Appraiser for ;the purpose: of setoff Lentil such time as the amrnmt of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages.. under this Article solely for reasons of delay if the delay s~due to causes .beyond his control and without his fault.. or negligence, but this shall not prevent the Agency from terminating this agre~nent because of such delay. ARTICLE 10. Interest of Members of Agency. No member of the Agency shall participate in any decision. relative to this agreement affecting, directly or indirectly, his personal interests. . No such member and no other officer; agent, or employee ,of :the Agency having any responsibility or .function in cormecton with this agreement. shall have any private interest, direct or indirect., in this .agreement or the proceeds of this agreement. ARTICLE 11, Officials Not To `Benefit: No member of or Delegate. to the Congress of the United States of America,. and no Resident Com'7dssoner, shall be admitted to any share or part of this agreern~ent or to any benefit to ari_.se from the same. ARTICLE 12 . Notices .' Any action by the Agency tender this agreement maybe taken by Susan J. Griffin., Cainrnmity Development Manager, 2403 Pr-ofessional Drive, Suite 103, Santa Rosa, California,, or such other person(s) as the Agency may, by written notice to the Appraiser, designate for such purpose. All notices to the Appraiser shall be considered to be properly given if mailed to the address specified.beiow, or delivered personally to the Appraiser. All notices or other a ers even to the enc p p g' Ag y shall be considered to be sufficiently given if mailed, postage prepaid, to the person named above at the above address or delivered personally to the Agency. ARTICLE 13. Indemnification. The Appraiser sha`11 indemnify; hold harmless and defend Agency, its agents acid employees from and against_any and all actions, claims, damages, disabilities, or expenses including attorneys' fees and witness costs that may be asserted by. any 'person or entity, arising. out of or in carrnectan with the activities necessary to,perfozin the services and ccs~lete the tasks provided for herein. whether or not there is concurrent passive or active riegligency on the part of the Agency, but exclusing liabilities due to the sole. negligence or willful misconduct of Agency. This iind~ficatioi5 obligation is not limited,. in any way by any limitation on the amotmt or type of damages or c~npen anon payable by or for the services and tasks described in this ,Agreement or its agency tender workers' compensation Acts, disability benefit Acts or other employee benefit Acts. ARTICLE 14,. General,. Terms ;and Conditions. The Comunmty Development Block Grant General Terms anal Conditions are attached to this'Agreement and incorporated herein.. IN WITNESS REOF, the Agency and or as of the date first above written. . P - ~~~ ~- Robert Koenitzer fittest: - P ~E: ~Be rta °d City 'Clerk Finance Offc the Appraiser have executed this agreement on 'THECITY OF CALIFORNIA Manager Page 10 - Robert Koenitzer Reso. 86-10 Id:CS' PART B - GENERAL PROVI:SI'0?~-S 1. AssignmentjDe]egation: Except as provided above, nethe~-r party hereto shall assign., sub~le~t or transfer any interest in or duty under, this. Agreement with out written consent of the other and no assignment shall be 'of any force of effect whatsoever unless and until the other party shall have so consented. 2. Status of Contractor: The parties intend that CONTRACTOR, in performing the serve..ires hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner-in which it is performed. an agent or employee of--the Agency CONTR-AC-TOR is not to be considered and is _not entitled to-- -f- - - participate in any pension plan, insurance, bonus, or similar benefits ._ _Agene;~ provides its emplov:ees . 3• 'CIVIL R1GH'TS ACT 0,'F 1964: Under Title VI of the Civil Rights act of 1964, no person shall, on the grounds of.race, color., or national 'origin,- be excluded fzom participation in, be denied the- bene-fits o'f, or be subjected to discrimination under any program or aet;vit:y rece=iving Federal financial assistance. -1- Communfy Development. Block Grant General Terms and Conditions .Robert Koenitzer Reso. 86-i0 NGS'-. 4. SECTION 109 QF THE HOUSING AND CQMMITNITY DEVELOPTiENT ACT OF 1974: _(a) No person in the United States shall on the ground of race, color, national on ~n, or se,x be excluded from participa- tion in, .be denied. th.e bene:ft.s of, or' be subjected to d:i.s- criminat.on under-any program or actviay funded in whole or in part with funds- made available unoer this title. (b) Whenever the Secretary determines that a State or unit of _ ever al local over:nment which is P yecipient of assistance g g under this title lhas fa,zled to com 1 with subsection (a) or an applicable ,regulation, he sha'l'l notify the Governor of such State or the chief executive officer of such unit of ]ocal governmen of the~noncomplance and shall request the Governor or the°' chief execwt:ive officer to secure compliance_ If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive fails or. refuses to secure compliance, ~ the Secretary is auti-~orized to (.1) refer the matter to the Attorney General with a recommendation that an ,appropriate civil action be instituted; (2) exercise the powers and functions provided by Title VI of the Civil R-fights Act of 1964 (42 U:S.C_ 2000a); (3) exec vise the powers and; functions provided for in Section 111 (a) of this Act; or (4:) take such other .action as may be provided by law.- - -~. (c) When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the pro- ~~ visions of this section„ the At°torn.ey General may bring a civil action in any appropriate United States district court for such relief..as may be appropra e, .:including injunctive relief. //////////////// -2- Community Development .Block Grant• General Terms -and' Conditions Robert Koenitzer Re"sa 86-10 NCS m ~.+ ~i n.k- nn ~~` ~7~" d1~,`~"a) 1+ ~ ~~~~. , ~'~ ~I&n !~fl I`U .o r 7 a`"'~4 ~. At~~b Jr~ 6~Ili.SAT~ k+,r{Ig ~~ ~,~ w.,.1 r ~ ~sK',~", + .r 1 } . ;~ ~ I t r, ~{ f ~~ r' S1 G 1 U l' i ; GLl~ U b'L ~. ,.i }, ~~ 4~ :.t ~~ I pros ct . ~. :".-;he V~OrY '1.`O rbel}~Cr~prlTiLd^unncsr jh1;F+ Cpn'trN+Ct' ]Su01I1 ri } ~ _ •. ' «. Zart 3~~ i~". ,+ s rO1,J d1n d1 YP`~t ~~e.Ore r81~+ r]t7 EinCY H1{, ' e+ si'sted v*nd+er a prosram.,;p b: ~ ,~ + .I r i +' ~`" °~ a+sszst'ance,f~froin tbe'Depa`i-tmen~t~ of ho,u ~.ng laan"d~ Urban De:vef7op '• ment ;'snd a~~s ~su~bJ eso,t,; to 11fhe requi rement4sl of t~5te~et~t`on 3 4:f ,the' , •.'Hou,sz.ng a'n~do L1r~b?an ~Devel4opment..:Act 'oS 1968, s's'~ sme~nded li~G c ~~ ~ U S.~C~~ '1701<v~~t ^"~~ 5ec'rtzon~°`j3°; r'e,q-u'ire6a ~'th~at >.to~ the~~rygre~atest~, extent , `' -~ ~feasable opp~or~tuni+t~ies`Sor tr~ni`ningr,andf empl~oymen7t~ be }given lover':lincome resi'dents~~o1' thef~pro3~ect+4ar,~eas,and++contreats for `~Y ,~ vorky+'1FD lconne"~cti~oni'~~ki~13t'h4;th'e ~ro3~ect~'be~Tawaifd,ed tolrbvse~zness.:• ~~ ,~_ c ~.'"^'F'~ "c once,rn+s~~u}iibc~h'.r{a~rne~~~3oc`~atea ~i~n"~~~`~or ~owned~ irn ,s:vbstarntael` part ,~ ,, . }~ +, '.~ 3 psi ~ a; e ~ -, +- ~i~ ~.-1 '+ ~~ :~r>, ~''" ~' `` ~"~ ~El yazn"~Ithre~ are`s~°of the rtpro3ect r ~, bye pre:r s o n s~~r~~eb~ s z d i n g. ~,.K ~~~. k l~ a ~ 1 t ;~ !' n d x{ ~"~ E :n Z~ti 1 ~..~~ r N ~~ ..iF l.Mif~ 4~'"]k ,y i~ ~ ~v;. i {. ~ y a i ~' ~ ' ~ -c sn- Y it '' >~ t"k 4 + t ~' ~:. ~J ~ i. ~ 3 t ~ F ~ ~. ,a., r St i 'H + _ 1 ;r ~. ~ iL toh,e ' r ou;1 s 1 on~s . ' ~ +B §rT,be~ p'ar,~t~`es titlo,~thstts „contract tiaaFll '.complyf vs,thl~ F P ~ , 'Y`,~, ~ + ~of~~~s~a~d` Se\ctlon 3~a.nd,~tkhe regulat~;ons rl~s,~s~u~e;d~,y~pu~s~"~u'ant ther;eto~ a ~t`' r; :".by'",the }Sec'r,~etla y`"oS-~Ao=usn~gy and ,Urban~D'ey~elopmen,,t~+s et ~~fortatr~n, ,~ f,-~ 1 : 2~+=CFR ~135~; 4M1a~nd y all- applz~c~~abl-e rvAlesr an'a ~ord,ers ~o'T~ the: Dep si ~tment~~~i',ss~uesd~ th"tete~"..reutn~deri pr~~or ~to Rthe~„exe~cvti~o~~ot•.th~s ;contract ~The~0. Tts~es'~~~t~o;{t~t~hi~s %con~t',r~"~aet -~certi~fy~a+nkd aigr,ee~ t~b~at th:e} are ~~ ~~' 'un~oer~no~~c~~ont~ra~citu'ah~or''~other,~dri~s'~abzrlaty ~whs''ch ~ould`,urevent , ,+ ~ ~them'. ~~from _pcompTyying~- rwl~~ h ~ tbe+s.ea;reo~ul~rem~Ents I~ ~~ l; { ~ ~~ °~~` ~y F s .,- C h,~Tne~~ FContr.a'ctor•' wi1M11;ll sena~to~ each ~.l~abor _organ~ zat~son or~urepresen .,. v tdtly,e of> WOrkfers with uhi`rh he ~h~as ~s+ c'ollective~~sbarga`'ining, a not.~ce #',«.~_~'~` ac`reem+ent ;br4ot]her~~o,ont~r:act~.oir~.~,4nder~stdnding' ~fxtany„ ~ ~'~~~~.~'~~''_ad~~a~s~i}ngt~the~rs~e~d~l,abor"-+organa~z~at~~on~~or~uorkers ~ represe~tat~,ave ~'+ # n ' bf his' com,m~tmentrs~under•~t"h i~s~pSecNt+s~on 3' cl'ause~ ~an;d rshalla Host t - ~'~~~ ~ cop~;es~of~tkhe riotatre itn}aconspscuous ,nla°cesFFair,ailable to ~emplovees -+ ~~r~ Ft~ ~ anti ~appl~ cants~,~foremployment; for trainsng ~`~~~ ,~ ,.t ~~,L 7 , J , e 5 6 u i ~ ~ ~ ~ x ~~ I ,i ~~ ~ •z ~ iti.'tiro~~ 1 Ay~r .~ ~ ~ ~ ~ ~ -~ v ~'. ~ " ~; ~ e ~- ~A .^ J Y~ ~ ~ a - r. s 1, P k° 7 n.x ,. ~~r+~i~~ty iXf .j .a i~Z~R~-~;i,~,t'+~F~-'~1 5 P k't~` i al` e ~}.~ y ...15 ~ ~ ~ ~ rr,, `0.!'7 t`?' i ~ ~;~ ~`D ~r~~ ITh`e~; C'on't~°rac~~`or~R~~?11 ~i~nclSvdeJ this SectiEon 3{~~c lavse ~zn every '~ ~, ~~~~`~~i~;y~'~~`.~'~sub"con~;t~i+ac't f~c~i'-~~~w~ork ~a~n~o~`coni3~e~ct"i nQ~ritb``the'~pro~~e,crt arn,d~.~~ril~l' ~4£, ~ ~c'~ ~ n~".. YE-.;~1 a h_.~rv:~ f. +~~ ~~ ~, `~.r. 'r ~ i u~'`-`',P Y~',~ k.l ~' sr. n.Si~ ~ n4?e. r ~.. ,,., ' G"~ as; x` + 'sat theJd~direct,-i'on oS''the tapplzc~ant ~~'o ~~ro7 A r.,eeip?e ~ ` 01' ~_Fe,de~~ 1 ,~y ~ 'f~ nan'ci sl ~'as sl's;tan~c~e~, take appr~opr~~ate yta t~so~~p~ursu anrt' to they ~~ ~ `".sub`contra,ct ,upon ,s~3i'znding Vth"at ~t°he {Sub czont~r,,~ac~or`I~~1,s rn~andol ~~- ~'W". +` ~5 I~7I tio`n of re*gulatzons ~i~ssYued by~~~tbe~,Secretary~a,of Bo~using> ~ ~ ~ E ~+~ ~~ ~,, UrbaYnjl~Devye'~lop{roe•ntg,~''Z2~ "C RR 135' hThe,~Conatra ~tbr viF11 notr~s~ub- I ~" '~~~ ~" ~~co~ntr`~actw~zth any~2S,ubcontractgr where it has,«. not~~ce or;;knovn . ra>~y ',s.` ~:ledge}~{ltho`at~-~thet'latt'':ea;}he,s been iouna inirv~ ~~ ~ti~O~?It~f ~,eguls~' t ,, • ~{.~~ ~ +::-ti on`s';~und~er'~"2~t~'~CFR~-1`35 snd xill~n~ot let; any~,jsub~c{o~n~tract unl>>es"s ~ ~~~ 't s -the~~Sub~ contractor has first p,rovi~dedv~tyi'ttr uithi~ a~~~p~rel~minary `. ~,~1 4 ~2`s~~,; statement Sbf~'atSzl'ity to comply rwz'tb'the° reouirem ~nts of these~~~~~ ail' iS +* v -' ~ Z 16 n' } 3 "+~,p, ~ '~+ 4 r~ " ~~~'~T~;, Qf x i I 5 . +( ~M Y ~~ ' C i i~. e"~ 1' 1. re g'Ulst lTO nos E''~~ T ? ~ ~'rt° y ~~ {I ~~' Y~~c~ `! ~ a „..~'~! '' '~ "`~ ~+ a YaSr L, ,f { b ~p-arT tie 2 t '" + G 'L ~~ A' ,, ~ '~,~ 1Z n a"~~!~ SIdA.; 3 S ~i i ~. ~~1~+~{ t+:f 5 IZ r 1 r~,i''-: g ~ e 7 i ~~•r_ + --' e I I,;~~k9P ~~.~.: ' iii ~ t 3~r t -: °. 7 ~ wr= I -~ ;y,, ~ '~ 4 ~.~` e -_ s e 1,z hw y e i - ~~ ~~ ~ ;C OID ~l ~~n Ce; ~ ~ .'. v •4 ~ ~~~ d i~'tah e! sre ll1'8t10DS ov df~ ' ~ F 1 +• t~ w1-th ,the .pro,~v~i sa on.s of Section.,~3,>: , 1,g, w g :. :•, r 5` Id~'`{'~~" set ~-1'oith;~,2n :2+~± rFCFR~1'35~`,1`~a~d `all aPP1-'`it~cable~~~vle~~s;lhand .orders ~ L ~.. i ,,,s~~. . ,'til i~-.', tk"'' ,~~ ~ 01' 9th,ek Deprartm;ent ~i~s~"sued~-thereuna ~~prZOrCt~o ~~he},hexecruta+on~ofy ;tl-i~e~~~c,~ontrtact,~~shall~ b{e,r a,,,conditiion~.,of ~the~"iFedera~.~' i'1~nancl~sl~ rR ~ Y' x '~rF'~'ass's~i~stane~e'"~pr~o~vzid~ea~tto~~tbe ~vro3e~cet~s~~+sbl"n~di+ng'~plon~~the applicant+~y~ a, ~'. .3 ~~ a~ ~' N~~ .h-"3~ +~~ "tom for such as.sai~stance -.~-i'ts' successors Viand asrsig~ns 9 i %^ + ~ ';~ ,s"'Fazlure~~t~o,~~fulfill! .th ~se *requirementsP sb}all ; sub~~eFc~t thiea appleTk ~ r ~I, ~,kpcaat or'~re,ci rents ~ rits Contractors, and Subcontractors,a its z r t .!" ~. "~ ~ `ts-~j"aif '! # fiw'1.~Vllt. } ~ p _ -i ~! ~ i.. ~ } ~ _ + s ~4r~~7F~ i ..~msuccess'ors,4 to°ndwaa's~s~igns to~~th;ose sanctl~ons sp~ ciS~,i~e+d by the' ~ ~~`~~ , gr:an.t or .1;oan ~agre;lement or. contract through Wh~cb`~F•ed~eral•;~ assi~stan~ee~ :1 s: ~;pz>.-oRr~ie~l, ~a~m~ L.o svc2~ sanc~i®FPS~ ~s ':arm specs fi e.d 3 Community Development Block Grant .General Terms and Condit'i'ons Robert &oenitzer Reso.~86=10 NCS ,. -- :6... Merger: This ~•*riting is intended both as the final expression ~ - of the. Agreement between the parte's hereto with respect to the included terms and as a- conmlete and exclusive statement of the terms of the Agreement, pursuant to C.C.P-. §.1856. No modification of this Agreement shall be~-effective unless-and until such modifi- cation is evidenced by a writing' si;gried by both parties. ,..~ - ~ - 4 -.. Community Development B1ock-Grant General Terms and Conditions Robert° Koentzer Reso. 86-10. NCS 3 -