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HomeMy WebLinkAboutRogers & Taylor Appriasers, Inc RESOLUTION 2018-86 ADOPTED DOC ID: 13707 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-86 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 2,2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to retain Rogers and Taylor Appraisers, Inc. to perform real estate appraisal services in an amount not to exceed Ten Thousand($10,000.00) Dollars, subject to the approval of the Town Attorney. a r Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell *1of SOd/��� SCOTT A.RUSSELL h. Town Hall,53095 Route 25 SUPERVISOR i P.O. Box 1179 cn Southold,New York 11971-0959 Fax(631) 765-1823 Telephone(631)765-1889 .7 IVY OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD January 9, 2018 James G. Taylor MAI, SRA President Rogers &Taylor Appraisers, Inc. 300 Wheeler Road Suite 302 Hauppauge,New York 11788 Re: Letter of Engagement for Appraisal Services Dear Mr. Taylor: Please allow this letter of engagement to confirm our request for you to perform certain appraisal work for the Town of Southold ("Town") and, with your acceptance, shall serve as the terms of the agreement between the Town and Rogers & Taylor Appraisers, Inc. ("Consultant") for your professional appraisal services. Upon your acceptance of this assignment the Consultant shall provide the Town with an Appraisal Report for the property located at 54265 Main Road, Southold, New York, and identified on the Suffolk County Tax Map as lot number 1000-61.-2-12.2, as well as the vacant adjoining lot identified on the Suffolk County Tax Map as lot number 60.-2-3.1. The purpose of the Appraisal Report is to assist the Town in negotiating a"fee simple"purchase price. In preparing the Appraisal Report, the Consultant shall use all approaches necessary to develop a credible opinion of value. The Consultant represents that Consultant has the requisite skills and experience to perform the requested services. The Consultant's fee for the above-mentioned services shall be a flat fee of five thousand dollars ($5,000.00). The Consultant's fee shall not be due and payable by the Town until the Town has received the Appraisal Report and the Consultant has submitted an invoice and voucher to the Town and such voucher has been processed by the Town. The Town shall process any vouchers received from Consultant as expeditiously as possible. It is the expectation of the parties that the Appraisal Report shall be completed and delivered to the Town within three weeks of this Letter of Engagement being executed by both parties. It is further agreed that the Consultant shall not provide a copy of the written Appraisal Report to, or disclose the results of the appraisal prepared in accordance with this Agreement with, any party other than the Town and unless authorized to do so in writing by the Town. It is agreed between the parties that the Consultant is an independent consultant and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. As an independent Consultant, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Consultant, its agents, or employees have been negligent. The Consultant shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws, regulations or ordinances. The Consultant agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of Contractor's performance of this Agreement. The Consultant further agrees that Consultant will comply with all statutes, ordinances, local laws, codes, rules and regulations which are or may be applicable to Consultant's services, activities and duties set forth in this agreement. The Town agrees that the Consultant cannot agree to provide a value opinion that is contingent on a predetermined amount. The Consultant cannot guarantee the outcome of the appraisal in advance. The Consultant also cannot insure that the opinion of value developed as a result of this appraisal will serve to facilitate any specific objective by the Town or others or advance any particular cause. The Consultant's opinion of value will be developed competently and with independence, impartiality and objectivity. Both parties shall be prohibited from assigning,transferring, conveying, or otherwise disposing of this agreement or his right, title or interest in this agreement. This Agreement and the rights and obligations of parties hereunder shall be construed in accordance with and be governed by the laws of the State of New York without regard to conflicts of laws and principles. Consultant hereby submits to the jurisdiction of the Courts of the State of New York for all disputes relating to this Agreement and agrees that venue for all disputes shall be in Suffolk County. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Further, this Agreement may be executed by way of facsimile or electronic signature, and if so, shall be considered an original. If you have any questions regarding the foregoing, please feel to contact our Town Attorney, William M. Duffy. He can be reached by phone at 631.765.1939 or by email at billd a,southoldtownny.gov. Please confirm your acceptance of this assignment by signing this letter and returning a copy to my office at the address above at your earliest convenience. Your Truly, ,Scott A. Russell Agreed and Consented to: Town of Southold Scott A. Russell Date ;Roger &.XTaayIppraisers, Inc. 1/10/18 aures G. Taylor Date President p fF&L't RECEIVED tk JAN 1 8 2018 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: January 12, 2018 Subject: Agreement between Town of Southold Rogers & Taylor Appraisers, Inc. With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Kristie Hansen-Hightower, Comptroller N