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CCR1997151COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #151-97 THE CITY OF MUSKEG0 AND ARTHUR E. LIDDICOAT, SRPA, CAE FOR SUPERIOR EMERALD PARK LANDFILL APPRAISAL 1998 ASSESSMENT YEAR APPROVAL OF ARTICLES OF AGREEMENT BETWEEN Articles of Agreement Between the City of Muskego and Arthur E. WHEREAS, the Finance Committee has reviewed the attached Liddicoat, SRPA, CAE for appraisal of Superior Emerald Park Landfill for the 1998 assessment year and has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Articles of Agreement subject to review and approval by the City Attorney with a total cost of $20,000, $5,000 to be paid in 1997. BE IT FURTHER RESOLVED that the remaining amount of $15,000 will be budgeted for in 1998. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are authorized to execute the Articles of Agreement in the name of the City. e DATED THIS DAY OF , 1997. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #151-97 which was adopted by the Common Council of the City of Muskego. Deferred 6/24/97 Deferred 7/22/97, 8/12/97 DEFEATED 9/9/97 Clerk-Treasurer 6/97 jmb ARTICLES OF AGREEMENT SUPERTOR EMERALD PARK LANDFILL APPRAISAL 1998 ASSESSMENT YEAR Emerald Park Landfill Appraisal Agreement 2 ARTICLES OF AGREEMENT This agreement is by and between the City of Muskego, located in the State of Wisconsin, hereinafter referred to as ‘the City”; and Arthur E. Liddicoat, SRF’A, CAE, hereinafter referred to as “the Appraiser”, WITNESSETH WHEREAS, the Appraiser has the experience in the valuation of landfills, and WHEREAS, the City desires to utilize said services; NOW, THEREFORE, it is hereby agreed that the Appraiser shall provide the services during the period as contained and limited in this agreement. I. SERVICES TO BE PROVIDED The Appraiser shall provide to the City the market value of Superior Emerald Park Landfill, City of Muskego, Waukesha County, WI. Three original copies of the appraisal report should be delivered to the City Assessor of the City of Muskego no later than July 1, 1998. The appraisal should: Set forth the effective date of the opinion and date of report State the purpose of the appraisal Identify and describe the real estate being appraised and the real property interest being appraised (including a legal description or alternately, a tax key number) Identify and separately value any personal property, fixtures, or intangible items that are not real propem but are included in the appraisal, and discuss the impact of their inclusion on the estimate of market value Set forth all assumptions and limiting conditions used in the appraisal; except that the appraisal should, where applicable result in a market value defined as follows: the most probable price at which a property should Emerald Park Landfill Appraisal Agreement 3 bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specific date and the passing of title €rom seller to buyer under conditions hereby. Buyer and seller are typically motivated Both parties are well informed or well advised, and acting in what they consider their own best interests A reasonable time is allowed for exposure in the open market Payment is made in term of cash in U.S. dollars or in terms of fmancial arrangements comparable thereto The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions by anyone associated with the sale The Market value should be “as is” as of January 1, 1998 Set forth the opinion of highest and best use necessary and appropriate Follow a reasonable valuation method which addresses all appropriate approaches to market value. The appraiser must fully explain and document the elimination of commonly used approaches to value (e.g. income, cost or market sales) Support the current valuation of the real estate. All assumptions and projections must be supported and conform to current market conditions. The appraisal should analyze and report on current market conditions and trends that will affect projected income or the absorption period to the extent they affect the value of the subject property The appraisal should include land value estimates, income and expense estimates, comparable sales where appropriate and cost estimates Document and explain how discount and capitalization rates used in generating present value estimates were derived The appraisal should contain suficient documentation with all pertinent information reported so that the appraiser’s logic, reasoning, judgment and Emerald Park Landfill Appraisal Agreement 4 analysis in arriving at a conclusion indicated to the reader the reasonableness of the market value reported Include a sales history of ownership of the subject property within the last three years Consider and reconcile the appropriateness of the chosen valuation approaches in the reconciliation section of the report 11. PERIOD OF AGREEMENT This Agreement shall run fiom the date signed until July I, 1998. In the event the Appraiser does not complete all work under this Agreement by the specified completion date, the Appraiser shall pay a penalty of $100 per calendar day up to the date such work is completed. 111. COMPENSATION As compensation for the Appraiser providing the services contained in agreement: $5,000 non-refundable retainer upon written acceptance of this agreement. $15,000 will be paid upon delivery of three formal original appraisal documents to the City Assessor, City of Muskego. A fee of $100 per hour will be paid to the Appraiser for testimony at any 1998 (or any subsequent) Board of Review or court hearing involving the 1998 assessment of the Superior Emerald Park Landfill as well as for any pre-trial preparation or hearings with the Muskego Assessor, Muskego officials, State of Wisconsin or Waukesha County officials, officers, or officials of the subject property owner or their representatives or with legal council or legislative representatives representing any of the above. Any other expenses incurred by the Appraiser will be reimbursed on an actual cost basis billed monthly, provided such expenses are authorized in writing by the City Assessor prior to their being incurred. IV. INDEPENDENT CONTRACTOR The relationship of the Appraiser to the City shall be that of an independent contractor and no principal-agent or employer-employee relationship is created by the Agreement. The Appraiser is entering into a contractual relationship with the City pursuant to Wisconsin State Statute 70.05(2) and shall act as an assistant to Emerald Park Landfill Appraisal Agreement 5 the Assessor in the discharge of the Assessor’s duties in relationship to the valuation of the Superior Emerald Park Landfill. V. INDEMNIFICATION AND INSURANCE The Appraiser agrees to defend and save harmless the City, its officers, agents, and employees against all claims, demands, payments, suits, actions, recovery, and judgments of every kind and description for personal injury or property damage brought or recovered against it by reason of any negligent action or omission of the Appraiser, its agents, or employees and with respect to the degree to which the City is fiee from negligence on the part of itself, its employees and agents. The Appraiser agrees to indemnify and save harmless the City , its officers, agents and employees against all payments, recovery and judgments of every kind and description arising out of any valuation dispute, recovered against it, whether based in contract, negligence or otherwise, which arise fiom the sole negligence of the Appraiser. The City agrees to indemnify and save hannless the Appraiser, its officers, agents and employees against all payments, recovery and judgments of every kind and description arising out of any valuation dispute, recovery against it, whether based in contract, negligence or otherwise, which arise form the sole negligence of the City. In all other actions arising out of valuation disputes, neither party shall indemnify the other. The Appraiser will carry Public Liability Insurance in the amount of $1,000,000 including protection for bodily injury and property damage with a combined single limit of$1,000,000. The Appraiser will also maintain Automobile Liability Insurance providing limits of ~100,000/$300,000/$100,000. VI. EMPLOYMENT LAWS The Appraiser will comply with all the applicable provisions of Federal and Wisconsin laws, rules, and regulations regarding employment and shall hrther specifically comply with those sections related to Equal Employment Opportunity. VII. VIII. IX. X. XI. MI. XIII. Emerald Park CONFLICT OF INTEREST Landfill Appraisal Agreement 6 The Appraiser will not employ as a director, officer, employee, agent, contractor, subcontractor, directly or indirectly in any capacity, any elected or appointed official of the City or any member of hisher immediate family. PROJECT PERSONNEL All work will be performed by personnel certified by the State of Wisconsin, Department of Revenue. The Appraiser will provide and update the City with a listing of personnel assigned to the Project. All project personnel assigned shall be approved by the City. SUBCONTRACTS The Appraiser agrees not to subcontract any of the work required by this Agreement without the written permission of the City. The Appraiser agrees to be responsible for the accuracy and timeliness of the work submitted in the fulfillment of its responsibilities under this Agreement. ASSIGNMENT OF AGREEMENT The Appraiser agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or its rights, title, or interest in this Agreement without the previous consent and written approval of the City. CHANGES IN AGREEMENT This Agreement may be changed only upon the written permission of the City GOVERNING LAW This Agreement shall be interpreted under the laws of the State of Wisconsin, as it existed and was interpreted on the date of this Agreement. The methods and procedures used in performance of this Agreement shall comply with Chapter 70 of the Wisconsin State Statutes. ENTIRE AGREEMENT This Agreement contain the complete and entire Agreement between the parties and may not be altered or amended except in a writing executed, making specific references to this Agreement, by the Appraiser and by a duly authorized official of the City. Emerald Park Landfill Appraisal Agreement XIV. SEVERABILITY If any provision of this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect the whole Agreement, but the whole Agreement shall be construed as if not containing the provision, and the rights and obligations of the parties shall be construed and enforced accordingly, provided same is not a of a material nature and does not substantially affect the work performed or the cost. XV. PERFORMANCE BOND The Appraiser will provide to the City a performance bond in an amount equal to one hundred percent (100%) of the total contract amount. A certificate for said bond will be delivered to the City with twenty (20) days of Contract signing. The City will reimburse the Appraiser for the performance bond. Quote shall be in writing and given to the City for approval prior to reimbursement. XVI. NOTICES All notices required to be sent to the Appraiser shall be sent to the following address: Arthur E. Liddicoat, SWA, CAE 3509 Washington Road Kenosha, WI 53144 All notices required to be sent to the City shall be sent to the following address: Laura L. Mecha, City Assessor City of Muskego W182 S8200 Racine Avenue P.O. Box 903 Muskego, WI 53 150-0903 Emerald Park Landtill Appraisal Agreement 8 IN WITNESS WHEREOF, the parties hereto have set their hands to duplicates of this Agreement this day of , 1991 CITY OF MUSKEG0 Witness By: Title: Title: By: Title: By: Arthur E. Liddicoat, SRF'A, CAE APPROVED AS TO FORM: