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R-80-345 - 11/13/1980THE STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT is made between having a place of business at 214 E. Main St., Round Rock, Texas 78664 and RDBINSON & ASSOCIATES, ( "Appraiser "), having a place of business at Suite 302, Stewart Title Building, 812 San Antonio St., Austin, Texas 78701. For and in consideration of the mutual covenants and agreements contained herein, Client and Appraiser hereby agree as follows: The real estate to be appraised is identified as acquired in conjunction with the location of a water transmission line in Round Rock, Williamson County, Texas, west of I.H. 35 between Round Rock, Texas and Georgetown, Texas. I1. The interest(<51) to be appraised is (Xltffi) Easement and Fee simple The purpose of the appraisal is to estimate defined by current professional appraisal standards. It is the understanding of Appraiser that the appraisal' report will be used by Client as follows: in order to assist client in acquiring the referenced acquisitions for purposes of installing a water line. CONTRACT FOR APPRAISAL SERVICES The City of Round Rock Seven or eight parcels to be market value, as Iv. Special instructions and /or limits of assignment (if any), as to the scope of the appraisal work to be performed, as to the form of the appraisal report to be prepared, and reasonable hypothetical conditions or assumptions to be considered are as follows: Prepare a complete written appraisal of the referenced properties considered the valuation of the partial takings to be acquired as well as the re- mainder properties both before and after the prescribed takings. v. Appraiser estimates that the foregoing assignment will be cuupleted by *December 31 , 1980. Client recognizes that this date is Appraiser's best estimate of the completion date and is not a guarantee of completion by the said date. *Assuming the field notes and specifications for the takings are delivered to our office on or before December 1, 1980. VI. Appraiser agrees to provide Client withthree ( 3) copies of the written appraisal report. ( "Client "), VII. A. Professional Fee Client agrees to pay Appraiser, as compensation for the professional appraisal services to be rendered hereunder, the following fee: (Delete inapplicable item). (a) A fixed Fee in the Amount of $ (b) A canputed Fee based upon the actual time expended on the assignment by Appraiser at an hourly rate of $ 50.00 or a per diem rate of $ 400.00 Said Fee shall be due and payable in Austin, Travis County, Texas, as follows: (Delete inappropriate provisions). (a) The amount of $2,000.00 shall be (has been) paid to Appraiser as a retainer (receipt of which is hereby acknowledged). (b) The balance of such Fee shall be payable as follows: completion and delivery of the appraisal report B. Out -of- Pocket EXpenses In addition to the Fee to be paid to Appraiser hereunder, Client shall reimburse Appraiser for any of the following out -of- pocket expenses incurred by Appraiser in connection with this assignment: Furnishing of copies of the appraisal report in addition to those specified in Paragraph 6; photographs; travel expenses (hotel, mileage, airfare); required technical studies, if any; and other (List) aerial photographs, if necessary Such reimbursement shall be made: (Delete inapplicable items). (a) Upon demand. (b) Upon completion of the assignment. (c) At the time that each installment of the Fee is paid. C. Delinquency Charge If any payment due Appraiser under this Agreement is not paid when due, such payment shall bear int at the rate of 10% per annum commencing thirty (30) days after such payment is due, provided, however, that in no event shall such rate of interest exceed the maximum rate permitted by law. In the event that any payment due Appraiser is not paid when due, Client shall pay all expenses of collection, including, but not limited to, court costs and reasonable attorneys' fees. -2- upon VIII. Client agrees that Appraiser shall not be required to testify or be in attendance at any court or administrative proceeding relating to this assignment without additional compensation. In the event Appraiser shall be requested or required to testify or be in attendance at any court or administrative proceeding relating to this assignment, or shall be requested or required to attend con- ferences in connection with any such court or administrative proceeding, Client shall pay Appraiser the following Additional Fee: to be negotiated at the time such services are required. IX. Zb enable Appraiser to perform the appraisal services required hereunder, Client shall provide Appraiser or Appraiser's agents with access to the real - estate to be appraised. Upon request, Client shall also provide Appraiser with such other materials with respect to the assignment as are in the possession of Client, including, but not limited to, plans and specifications for any improve- ments to the property, surveys, soil tests, percolation tests, air and water pollution tests and title reports or opinions of title. It is agreed that Appraiser may, but need not, assume the accuracy of all material submitted by Client. x. All statements of fact in the appraisal report which are used as the basis of Appraiser's analyses, opinions and conclusions will be true and correct to the best of Appraiser's knowledge and belief. Appraiser shall not have responsibility for legal matters, questions of survey, opinion of title, soil or sub -soil conditions, engineering or other technical matters. Any sketches prepared by Appraiser and contained in the appraisal report will be included solely to aid the user of the report in visualizing the property and its location. Each finding, prediction, assumption or conclusions contained in the appraisal report will be Appraiser's personal opinion and will not be an assurance that an event will or will not occur. Appraiser may assume that -3- there are no conditions relating to the real estate, sub -soil or structures located on the real estate which would affect Appraiser's analyses, opinions or conclusions with respect to the real estate that are not apparent. XI. The data gathered in the appraisal process (except data furnished by Client) and the appraisal report prepared pursuant to this Agreement will remain the property of Appraiser. With respect to the data provided by Client, Appraiser shall not violate the confidential nature of the appraiser - client relationship by improperly disclosing any confidential information furnished to Appraiser. Appraiser is, however, authorized by Client to disclose all or any portion of the appraisal report and the related appraisal data to appropriate representatives of the American Institute of Real Estate Appraisers and Society of Real Estate Appraisers if such disclosure is required to enable Appraiser to comply with the Bylaws and Regulations of such Institute and Society now or hereafter in effect. XII. Client agrees that the appraisal report to be prepared pursuant to this Agreement shall not be quoted or referred to in any report or financial state - rent of Client or in any documents filed with any governmental agency without the prior written consent of Appraiser. Neither all nor any part of the contents of the appraisal report (especially the conclusions as to value, the identity of Appraiser, references to the American Institute of Real Estate Appraisers or references to the NAT or RM designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or other public means of communication without the prior written consent and approval of Appraiser. XIII. This Agreement represents the entire Agreement between Client and Appraiser and supersedes all prior negotiations, representations or agreements, either written or oral. XIV. This Agreement shall be binding upon the heirs, successors and assigns of Client and Appraiser. -4- xv. This Agreement shall be governed by the laws of the State of Texas. xvl. In the event any provision of this agreement shall be determined to be void or unenforceable by any court of competent jurisdiction, then such deter- mination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has dated and executed this Agreement'and caused it to be delivered to the other party hereto. Date: /7`g -fd Date: 11 -10 -80 -5- Robinson & Associates ent 812 SAN ANTONIO *302 AUSTIN, TEXAS 78701 R othman C7. 4l' ociafas Real Estate Appraisal Consultants Rudy R. Robinson Iii, SRPA (512) 472 -3802 RESOLUTION NO. S M5K WHEREAS, certain easements will be required to construct and place the water transmission line from Lake Georgetown to a proposed water treatment plant, and WHEREAS, in order to negotiate with the various land owners involved, an appraisal of the easements is required, and WHEREAS, Robinson & Associates Appraisers has submitted a letter agreement concerning providing the required apprais- al services, and WHEREAS, the Council desires to approve the letter agree- ment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City a letter agreement for apprais- al services, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this /3 7. - 11 �3 - day of Nov r, 1980. ATTEST: 4 • RY L "0Wi , "ayor City of Round Rock November 10, 1980 Robert L. Bennett, Jr., AICP City Manager City of Round Rock, Texas 214 E. Main Street Round Rock, Texas 78664 Dear Mr. Bennett: At the request of Steve Sheets, City attorney for the City of Round Rock, I am happy to submit the attached contract for appraisal services to be performed for your proposed water transmission line. I have also taken the liberty of enclosing a company resume on our firm and the individuals who may be working with me on this assignment. I cannot quote you a NOT TO EXCEED" estimate for my services, as I have not had an oppurtunity to review the field notes or specifications of the takings with the project engineer or some equally informed individual. I do anticipate that the referenced work will involve approximately 6 to 8 days of research, approximately 3 to 4 days of analysis and approximately 2 to 3 days of typing, assemblage and review. I call your attention to the attached contract which references the work to be performed as well as the anticipated completion date. It also references a retainer for my "front end" expenses and overhead. I look forward to working with the City of Round Rock on this and possibly other assignments in the future. If you have any additional questions concerning the subject matter, feel free to call or contact my office. Respectfully submitted, ROBINSON & ASSOCIATES /`otlin3o /t V 4 33ociate3 Real Estate A ppraisal Consultants Rudy / . Robinson, III, SRPA, MAI Enclosures RRR /ko 812 SAN ANTONIO #302 AUSTIN, TEXAS 78701 (512) 472-3802 COMPANY HISTORY I`ozinjon CJ .AJociales Real Estate Appraisal Consultants Robinson & Associates was formed in March of 1977 by Rudy R. Robinson, III. The firm presently is engaged in all types of commercial, office, industrial, estate, farm & ranch, historic real estate appraising and counseling. Another service of the firm is connected with marketing and feasibility studies for various investors and developers interested in the formation of Municipal Utility Districts. Robinson & Associates is presently affiliated with Mr. Stephen Crosson, MAI, SRPA, and Mr. Charles Dannis, MAI, SRPA, of Crosson Dannis, Inc. of Dallas and Houston, Texas. Prior to the formation of Robinson & Associates, Mr. Robinson was associated with another Austin based real estate appraisal firm. Mr. Robinson was one of the first employees of this firm which was established in October of 1973. As a stockholder in this prior company, Mr. Robinson's duties consisted of managing the appraisal office which was comprised of 15 employees, as well as being Vice President of overall operations in Austin, Texas. During the four years he was associated with this firm, Mr. Robinson was involved in all types of commercial, residential, office, industrial, special purpose, farm and ranch properties. Prior to Mr. Robinson's involvement in the daily practice of independent fee appraising and counseling, he was employed by the City of Austin Tax Department as a land appraiser. While Mr. Robinson's employment with the City of Austin was only one year, he was involved in a mass appraisal 812 SAN ANTONIO #302 AUSTIN, TEXAS 78701 (512) 472.3802 and re- evaluation of the entire city in 1972 -73 and participated in the evaluation of several thousand parcels of real estate. Robinson & Associates has participated in condemnation proceedings, as well as other court room proceedings. In recent history the firm has been actively involved in numerous right -of -way, easements and park land acquisitions for the City of Austin as well as the State of Texas and the federal government. The firm's experience in the real estate appraisal field is quite diverse and while the majority of assignments have come from the Austin /Central Texas area, they have been involved in valuations and evaluations in various parts of the State of Texas, Oklahoma, Colorado, Missouri, Mexico, New Mexico, California, Florida and New York. The firm was founded on the principles of honesty, complete objectivity, reliability and service. Robinson & Associates offers a complete real estate appraisal and consulting service; the firm presently has 20 employees with twelve full time appraisers /consultants. Robinson & Associates' affiliation with Crosson Dannis, Inc. contributes to an additional dimension of the firm offering a network of service to virtually all parts of the State of Texas. The following individual appraisal qualifications summarize the education and experience of Robinson & Associates, as well as its affiliate office. A partial listing of the company's clientele is also provided. SAMPLE OF CLIENTS I.B.M. Texas Instruments Westinghouse Corporation Motorola Club Corporation of America (Dallas, Texas) Texas Water Quality Board /Lost Creek Developers /Springwoods Developers/ Austin Equity Investors, Inc. Homequity, Inc. (Illinois) Alexander Grant & Co. (Kansas City, Missouri) Autotronics, Inc. Southwestern Group Financial (Houston) City National Bank Capital National Bank Austin National Bank American National Bank City of Austin, Property Management Department City of Rockdale, Texas City of Round Rock, Texas Exxon Corporation First State Bank of Austin Northwestern Mutual Life Insurance Company (Dallas & Houston) Republic of Texas Savings (Houston) Temple Savings & Loan Texas Highway Department Ticor Mortgage Insurance Company Lumbermen's Investment Corporation Trans -Texas Motels, Inc. I.D.S. Mortgage Corporation, El Paso, Texas McDonald's Restaurants, Inc. First Texas Financial Corporation and First Texas Savings of Austin First Federal Savings & Loan (Austin) Franklin Savings & Loan Association (Austin) Capital Mortgage Bankers Equitable Savings (Round Rock) University Savings (formerly Austin Savings) Great Lakes Carbon Corporation, New York, New York Case & White, Attorneys, New York, New York First National Bank of Chicago Laredo National Bank First City National Bank, Houston Texas Pioneer Bank Chicago, Illinois General Services Administration Levis - Strauss Miller's Brewing Company Equitable Relocation Merrill Lynch Relocation Relocation Realty Southwestern Bell Telephone Company, Inc. The Texas Youth Council Texas Parks & Wildlife The Heritage Society of Austin, Inc. Texas Savings & Loan League R. T. Mayfield (R.T. Mayfield Companies, Inc.,Mayfield Construction Co., Inc. & R. T. Mayfield Realty, Inc.) Numerous Attorneys, C.P.A's, etc. QUALIFICATIONS OF RUDY R. ROBINSON, III, SRPA, MAI Rudy R. Robinson has been actively involved in the real estate profession since 1971, and is currently Owner of Robinson & Associates at 812 San Antonio, Suite #302, Austin, Texas. Presently, he is involved in all types of real property evaluation. His past experience includes seven years in all types of real property evaluation including commercial, industrial, farm and ranch, residential, office, historic properties, condemnation, feasibility studies and market surveys for Municipal Utility Districts; one year with the City of Austin Tax Department, Land Appraisal Department; and one year real estate sales experience. A partial resume of specific qualifications are outlined as follows: Professional Memberships Senior Real Property Appraiser (S.R.P.A.) for the Society of Real Estate Appraisers Member of the Appraisal Institute (M.A.I.) for the American Institute of Real Estate Appraisers Inactive Member of Texas Association of Assessing Officers Texas Real Estate License Associate Member of the Austin Association of Home Builders and the National Association of Home Builders Member of the Board of Directors and third Vice President of the Heritage Society of Austin, Inc. Member of the Board of Directors and past President of the Society of Real Estate Appraisers, Austin Chapter #80 Institute Affiliate Member of the Austin Board of Realtors and the National Association of Realtors Education B.A. Degree, University of Texas at Austin Appraisal Courses: SREA Course 101, AIREA Course IB, II and VI, Texas Association of Assessing Officers Course I and II Appraisal Clinics: Appraising Apartments, Feasibility Analysis, Appraisal Process, Second Home and Home Sites, Depreciation Analysis, Narrative Report Writing, Condominiums of the Future, Energy Conservation Seminar, Tax Considera- tions in Real Estate, Leases & Leasehold Interest Seminar, as well as various other seminars and clinics. Professional Memberships Texas Real Estate License QUALIFICATIONS OF DAVID P. ROBINSON David P. Robinson graduated in August of 1977 with a BBA degree from Midwestern State University, Wichita Falls, Texas. Since his graduation, he has been associated with Robinson & Associates at 812 San Antonio, Suite 302, Austin, Texas. Presently, he is involved in residential and commercial property evaluations, as well as appraisal work for condemnation proceedings for the City of Austin Department of Law and Property Management Department. A partial resume of specific qualifications are outlined as follows: Association Memberships Associate Member - Society of Real Estate Appraisers, Chapter 80 Education High School Education at Burkburnett High School, Burkburnett, Texas BBA Degree at Midwestern State University, Wichita Falls, Texas AIREA Course 1A - Real Estate Appraisal Principles Principles of Real Estate Seminar on Income Capitalization Seminar on Apartment Appraising Seminar on Lease and Leasehold Evaluation SREA R -2 Exam Seminar on Narrative Report Writing Seminar on Market Extractions SREA Course 201 - Principles of Income Property Appraising Professional Memberships QUALIFICATIONS OF DEWAYNE C. GARNER, SRPA DeWayne C. Garner has been actively involved in the real estate profession since 1972, and is currently associated with Robinson & Associates at 812 San Antonio, Suite #302, Austin, Texas. Presently, he is involved in all types of real property evaluation and consultation. His past experience includes eight years in all types of real property evaluation and mortgage lending involving commercial, industrial, retail, apartment, office, condominium and residential properties, feasibility studies and market surveys for various clients. A partial resume of specific qualifications are outlined as follows: Senior Real Property Appraiser (SRPA) for the Society of Real Estate Appraisers, October, 1979 Texas Real Estate Broker License # 159061, File # 80768 received in 1973 Education BBA Degree in General Business from the University of Texas at Austin SREA Course 101, An Introduction to Appraising Real Property" (March, 1973) SREA Course 201, "Principles of Income Property Appraising" (May, 1974) AIREA Course VI, "Investment Analysis" (February, 1975) SREA "R -2" Exam, Residential Case -Study Examination (May, 1975) SREA "Demonstration Appraisal Report" on Income Producing Property (January, 1978) QUALIFICATIONS OF JOHN PRATHER John Prather is a graduate of the University of Texas at Austin. He is currently associates with Robinson & Associates at 812 San Antonio, Suite 302, Austin, Texas. Presently he is involved in commercial and residential property evaluations. A partial resume of specific qualifications are outlined as follows: Professional Memberships The Society of Real Estate Appraisers, Associate Member Texas Real Estate Broker Education Graduate, University of Texas at Austin Graduate, Texas Realtors Institute Successfully passed: Course 101, The Society of Real Estate Appraisers Course 201, The Society of Real Estate Appraisers Course R -2, The Society of Real Estate Appraisers Employment Tom Wiley, MAI - Austin, Texas - Real Estate Appraiser February 1976 - August 1979 Lamar Savings Association - Austin, Texas - Assistant Vice President, Appraisal Dept. August 1979 - September 1980 Austin Community College - Austin, Texas - Instructor of Real Estate Appraisal Fall Semester, 1980 Formal Education: Colleges Attended: Real Estate Education: Real Estate Appraisal Education: Real Estate and Appraisal Experience: Summary of Qualifications and Background John K. Neely Graduated Hollandale High School; Hollandale, Mississippi. Hinds Junior College, Raymond, Mississippi; Associate Forestry Degree. Louisiana State University; Baton Rouge, Louisiana. University of Maryland; College Park, Maryland. Golden Gate College; San Francisco, California. Industrial College of Armed Forces; Fort Rily, Kansas - Management Diploma. Labor Relations and Management School, Oklahoma University; Norman, Oklahoma. Basic Real Estate Salesman Course, Arizona State University, Phoenix, Arizona; Salesman License. Tulsa Metropolitan Real Estate Course, Tulsa, Oklahoma; Sales Associate License. Texas Real Estate Commission Courses - TAR 1, 2, and 3; Salesman Liscense. Basic Real Estate Appraisal Course, Arizona State University, Phoenix, Arizona. American Institute of Real Estate Appraisers, Courses 1 -A, VIII, Comprehensive Exam and various sem- inars to include the Federal (HUD) School on Energy Conservation and Building Code. Actively involved in the Real Estate field since 1965, and now a third owner and general partner of Valley View Development Co., Phoenix, Arizona. Previously employed by Ted Sherwood Reality, 1974 - 1977, Tulsa, Oklahoma; and pre- sently employed with Robinson and Associates, 812 San Antonio, Suite 302, Austin, Texas. Past experience involved surveying tracks of land for developing into residential.subdivision. Sale of residential, commercial, industrial, farm, and ranch properties. Assisted two ap- praisal firms with tax assessment appraisals and individual residential appraisals for loan value. Professional Designations: Commercial Pilot License. Oklahoma Real Estate (Current Licenses) License. Texas Real Estate License.