Land Appraisal AcquisitionAGREEMENT
This Agreement made and entered into this 16th day of June
Between the City of Salina, Kansas (the "City") and Jim Swedlund ("Swedlund").
,2003
Recitals
A. The City has scheduled public improvements at two locations:
(1) Crawford Street and Front Street Intersection and (2) Deborah
Drainage Improvements.
Drive
B. Twelve (12) tracts of land along either side of Crawford Street will require
the acquisition easements or fee simple right-of-way: Two (2) tracts of land near
the intersection of Deborah Drive and Eastmoor Drive will require the acquisition
of easements.
C. Acquisition of said easements or right-of-way will require appraisals and
negotiation of the compensation to be paid by the City to the tract owners.
D. Utilizing an experienced third party to provide these services is beneficial
to the City.
E. Jim Swedlund has significant experience from his work with the Kansas
Department of Transportation and the City of Salina in the area of appraisal and
acquisition of easement and right-of-way for street and highway improvement
projects and is thus uniquely qualified to provide such services for the City.
IT IS THEREFORE AGREED by the parties:
Independent Contractor. The relationship between the City and
Swedlund shall be that of an independent contractor.
Services. Swedlund agrees to provide appraisal and acquisition services
for the City on Fourteen (14) tracts of land abutting Crawford Street near
Front Street and abutting Deborah Drive near Eastmoor Drive.
Appraisal. Appraisal services shall include meeting with property
owners prior to conducting the appraisal, photographing the property,
submitting to the Director of Engineering and General Services a
written appraisal of just compensation for the right-of-way or easement
to be acquired, and meeting with the Director of Engineering and
General Services to review the appraisal.
Acquisition. Acquisition services shall include the pursuit of
negotiations or discussions between the property owner and the City
as may be necessary to maximize the potential for acquisition of any
necessary right-of-way or easement by agreement rather than by
formal condemnation.
3. Compensation. Swedlund shall be compensated for such appraisal and
acquisition services as follows.
Appraisal. Swedlund shall be paid the sum of Two Hundred ($200)
Dollars for the appraisal of each separate easement tract and Three
Hundred Fifty ($350) Dollars for the appraisal of each separate right-
of-way tract as identified by the Director of Engineering. Swedlund
shall submit a billing for each tract upon completion of each appraisal.
Payment to Swedlund for each appraisal shall be paid upon approval
of the Director of Engineering and General Services.
Acquisition. Swedlund shall be compensated for acquisition
services on the basis of time required plus reimbursement expenses,
as follows:
i. Per hour charge for Swedlund $50.00
ii. mileage per mile .34
i. long distance calls, per call 5.00
iv.
materials (including copies, film,
and other similar expenses
at cost
provided, however, the maximum compensation payable to Swedlund
pursuant to this Agreement (including reimbursement for expenses) shall
be Seven Thousand and 00/100 ($7,000.00) Dollars.
4. Monthly billings. Monthly billings for acquisition services shall be
prepared and submitted to the City's Director of Engineering and General Services and
to the Director of Finance. The billings shall report the date work was performed, a
description of the work performed, and the time required to the one-quarter of an hour.
Telephone calls, photocopies, and any other expenses to be reimbursed shall be
specifically itemized on the billing statement.
5. Non assignable. The services sought under this Agreement by the City
are unique to Swedlund's qualifications. This Agreement is therefore nonassignable.
-2-
6. Schedule. Swedlund shall complete said appraisal and acquisition
services no later than forty-five days from the date of this agreement.
7. Termination. This Agreement may be terminated by either party at any
time upon written notification to the other; except, however, if Swedlund shall have billed
and been paid for seventy-five percent (75%) of the maximum compensation payable
under this Agreement, Swedlund shall be obligated to complete all work on the fourteen
(14) tracts for no more than the stated maximum compensation, unless he is precluded
from completing the work by death, disability, illness or any other circumstance beyond
his control.
8. Bindina effect. This Agreement shall be binding upon the parties and
Swedlund's administrator, executor, trustees, heirs and beneficiaries.
IN WITNESS WHEREOF, the parties have executed this Agreement the date
first above written.
CITY OF SALINA, KANSAS
Dennis Ki s~i n'~\
City Manager
Jim Swedlund
-3-
DEPARTMENT OF ENGINEERING
AND GENERAL SERVICES
Shawn O'Leary, P.E., Director
300 West Ash · P.O. Box 736
Salina, Kansas 67402-0736
Salina
TELEPHONE · (785) 309-5725
FAX · (785) 309-5713
TDD · (785)309-5747
E-MAIL · shawn.olearv(~.salina.or.q
WEBSITE · www.ci.salina.ks.us
June 16, 2003
Mr. Jim Swedlund
Jim Swedlund Realtors
1212 Highland Circle
Salina, KS 67401
Dear Jim:
Re~
Land Appraisal and Acquisition Agreement
Crawford St/Front St Intersection Project; Deborah Drive Drainage Project
Please find attached one signed original of the captioned agreement. This letter shall serve as a
Notice to Proceed on the contract. Please continue to work closely with Mr. Brad Johnson of the
City Engineering Division and Mr. Greg Bengtson, City Attorney, to implement the agreement.
Also, please issue your monthly statements for payment to Mr. Johnson. Payment will be issued
within one week of receipt of the statement.
Thank you for your cooperation in this matter. I look forward to working with you on this
project. Please plan to attend the informational meeting for the property owners on Friday,
June 20, 2003 at 1::30 p.m. in Room 105 of the City-County Building. If I can answer any
further questions or provide additional service, please do not hesitate to call.
Leafy, P.E.(,~
Cc]
Brad Johnson
Terry Stithem
Rod Franz
Lieu Ann Nicola