32500105 AOC Realty Economic Advisors Appraisal Engagement.pdf
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(Vendor Name) - Addendum to Outside Contracts (REV. 08.30.2024) 1 ADDENDUM TO APPRAISAL REPORT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF BUCKEYE AND REALTY ECONOMIC ADVISORS, LLC OFFICE BUILDING APPRAISAL CONTRACT NO. 32500105 This ADDENDUM (“Addendum”) dated 2025 (the “Effective Date”), modifies the Appraisal Report Engagement Agreement (the “Original Agreement”), executed contemporaneously with this Addendum and entered into between the City of Buckeye, an Arizona municipal corporation (the “City”), and Realty Economic Advisors, LLC, an Arizona limited liability company (the “Vendor”). “Vendor,” as used in this Addendum, is synonymous with “REA,” as used in the Original Agreement. AGREEMENT 1. Effect of Addendum. Except as expressly modified by the provisions of this Addendum, the Original Agreement shall continue in full force and effect. The capitalized terms not otherwise defined in this Addendum have the same respective meanings as contained in the Original Agreement. The sections of the Original Agreement that are not expressly modified or replaced by this Addendum shall remain in effect pursuant to their terms. If any inconsistencies exist between the terms of this Addendum and the Original Agreement, this Addendum shall control. This Addendum is hereby incorporated by reference into the Original Agreement. 2. The following provisions are hereby added to the Original Agreement as additional paragraphs: Counterparts. This Agreement may be executed in any number of counterparts; all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed original hereof. Agreement Subject to Appropriation. Any provisions of this Agreement which require the City to expend funds shall be effective when funds are appropriated for this Agreement and are actually available for payment. The City shall be the sole judge and authority in determining the availability of funds under this Agreement, and shall keep the Vendor fully informed as to the availability of funds for this Agreement. Any obligation of the City under this Agreement is a current expense and payable exclusively from annual appropriations and not a general obligation or indebtedness of the City. If the City Council fails to appropriate money sufficient to fund City obligations set forth in this Agreement, this Agreement shall terminate at the end of the then-current fiscal year, and the City and the Vendor shall be relieved of any subsequent obligation under this Agreement. Realty Economic Advisors, LLC - Addendum to Outside Contracts (REV. 08.30.2024) 2 E-Verify Requirements. To the extent applicable under A.R.S. § 41-4401, the Vendor warrants compliance with all federal immigration laws and regulations relating to employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). No Boycott of Israel. To the extent applicable under A.R.S. § 35-393 through § 35-393.03, the Vendor hereby certifies that it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a “boycott” of goods or services from Israel, as that term is defined in A.R.S. § 35-393(1). Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511. The City may cancel this Agreement without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the City or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of the Vendor in any capacity or a contractor to the Vendor with respect to the subject matter of this Agreement. Gratuities. The City may, by written notice to the Vendor, cancel this Agreement if the City finds that gratuities, in the form of economic opportunity, future employment, entertainment, gifts, or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent, or employee of the Vendor for the purpose of securing this Agreement. In the event the City cancels this Agreement pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either Party, this Agreement will promptly be physically amended to make such insertion or correction. Vendor Licensing and Registration. The Vendor warrants that it is registered with the Arizona Corporation Commission to do business in Arizona and, upon request, will provide proof thereof to the City. Forced Labor of Ethnic Uyghurs. To the extent applicable under ARIZ. REV. STAT. § 35- 394, the Vendor warrants and certifies that it does not currently, and agrees for the duration of this Agreement that it will not use the forced labor, any goods or services produced by the forced labor, or any Contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If the Vendor becomes aware that it is not in compliance with this paragraph, the Vendor shall notify the City of the noncompliance within five business days of becoming aware of it. If the Vendor fails to provide a written certification that the Vendor has remedied the noncompliance within 180 days after that, this Agreement shall 3 terminate unless the termination date of this Agreement occurs before the end of the remedy, in which case this Agreement terminates on the Agreement termination date. Clickwrap Terms Excluded. In the event the Vendor’s terms of sale or service were provided to the City only upon “acceptance” of a “clickwrap” or “clickthrough” agreement, such terms of sale or service shall not be binding upon the City. No oral agreement, “clickwrap” or “clickthrough” agreement or other understanding shall in any way modify a City-issued or approved contract or this Agreement. 3. This Addendum and the Original Agreement shall be governed by the laws of the State of Arizona, and suit pertaining to either may be brought only in courts in Maricopa County, Arizona. 4. This Addendum is subject to the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the Effective Date. CITY OF BUCKEYE, ARIZONA, REALTY ECONOMIC ADVISORS, LLC, an Arizona municipal corporation an Arizona limited liability company By: Name: Title: William Kauppi, City Chief Financial Officer Realty Economic Advisors, LLC - Addendum to Outside Contracts (REV. 08.30.2024) Realty Economic Advisors Stephen G. Leach, MAI Senior Vice President (602) 317-5648 Steve.LeachMAI@Outlook.com www.RealtyEa.com June 3, 2025 Ms. Suzie Boyles Director, Economic Development City of Buckeye 945 N. 215th Avenue, Ste. 137 Buckeye AZ 85326 E-mail: sboyles@buckeyeaz.gov Phone: C 623-850-2896 O 623-349-6970 RE: Appraisal Report Engagement Agreement Office Building 902 E. Eason Avenue Buckeye, Arizona 85326 Dear Ms. Boyles: We appreciate the opportunity to be of service and present this Appraisal Report Engagement Agreement for your review and execution. Appraisal Report Conditions Purpose: Estimate the market value of the above referenced real estate. Property: Office improvements identified as Maricopa County APN 400-16-004B having been improved with a 25,180 sf office building constructed in 1940 and that has recently been renovated on an approximate 70,939 sf site (to be potentially further clarified by survey and that reflects an adjustment for non-fee owned street parking; see Pg. 2). Property Rights/Date: The Fee Simple/Leased Fee estate (as appropriate), as of our date of inspection, or as otherwise directed. Report Type: Appraisal Report; that will include the Contingent and Limiting Conditions provided at the end of this Engagement Letter. Appraisal Fee: $4,000. Upon delivery of the draft or any communication of value conclusions, the Appraisal Fee will be considered to be fully earned. Should the assignment be terminated or any reason prior to completion the client will be invoiced for work completed on the Retainer: No retainer will be required. Upon completion please make payment as follows: SGLeach Appraisal Services, LLC 2810 E. Elm Street, Phoenix, AZ 85016 IEN 47-1673694 Realty Economic Advisors Ms. Suzie Boyles June 3, 2025 Page 2 Appraisal Delivery: On or about June 18, 2025 following our receipt of the executed appraisal engagement letter. Should the assignment be cancelled for any reason, any unearned portion of the retainer will be immediately refunded. Report Delivery: REA will deliver an Adobe PDF to the client. Special Considerations: None; should any contrary condition be revealed, an adjustment in the appraisal fee may be effected. Special Instructions: No special appraisal instructions have been communicated to the appraiser beyond those outlined in this engagement letter. Appraisal Guidelines: Uniform Standards of Professional Appraisal Practices and Conduct , as promulgated by the Appraisal Standards Board of the Appraisal Foundation. Reliance Language: Client provided, as appropriate. Property Inspection: The appraiser will inspect the property. Intended Use: Sale/Acquisition/Planning purposes. Not Subject Realty Economic Advisors Ms. Suzie Boyles June 3, 2025 Page 3 Intended Users: The Client(s) are the only intended user and Client. Sole reliance is intended by the Client only and REA will communicate our value report only to the client. No other users are intended by REA. Should any unintended party, or entity not identified in this engagement letter receive a copy of the appraisal, they may not rely upon any value opinion or conclusion. Valuation Approach: The appraiser will consider all three traditional approaches and utilize those that are appropriate to the assignment and omit those that are not considered appropriate, as supplemented by the Expenses: The above Appraisal Fee includes all associated expenses attributable with the initial delivery assignment. Additional Fees: Should additional services including follow-up appraisal work/research, meetings and or any testimony, such services will be charged at a rate of $300 per hour, plus expenses for Stephen G. Leach, MAI. If services are terminated before completion, payment for work completed prior to notification will be due based on the hours spent and subject to the above fee schedule. Any unused retainer will be refunded to the party who paid the retainer unless that party directs, in writing that the refund be paid to a different party. Respectfully submitted, Realty Economic Advisors, LLC Stephen G. Leach, MAI Senior Vice President Arizona Certified General Number 30122 Agreed to and accepted: Date Title Realty Economic Advisors APPRAISAL REPORT - CONTINGENT AND LIMITING CONDITIONS The certification of the appraisers appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are set forth by the appraisers in the report. 1. Possession of this report or a copy thereof does not carry with it the right of publication. It may not be used for any purpose by anyone other than the addressee or the Appraisal Institute without the previous written consent of the appraisers. Assumptions and Limiting Conditions 2. Unless otherwise specifically noted in the body of the report, it is assumed that title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. Realty Economic Advisors, LLC (hereafter referred to as REA) is not aware of any title defects nor has it been advised of any unless specifically noted in the report. REA representations relative to the condition thereof other than the property is considered to have a fully marketable title. Documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may negatively affect the quality of title are unknown to REA. Insurance against financial loss resulting in qualified title company that issues or insures title to real property. 3. Unless specifically noted in this report, it is assumed: that the existing improvements on the property appraised are structurally sound, seismically safe and code conforming; that all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are in good working order with no major deferred maintenance or repair required; that the roof and exterior are in good condition and free from intrusion by the elements; that the property or properties have been engineered in such a manner that the improvements, as currently constituted, conform to all applicable local, state, and federal building codes and ordinances. REA professionals are not engineers and are not competent to judge matters of an engineering nature. REA has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of the improvements. Unless otherwise specifically noted in the body of the report: no problems were brought to the attention of REA by ownership or management; REA inspected less than 100% of the interior and exterior portions of the improvements; and REA was not furnished with any engineering studies by the owners or by the party requesting this appraisal. If questions in these areas are critical to the decision process of the reader, the advice of competent engineering consultants should be obtained and relied upon. It is specifically assumed that any knowledgeable and prudent purchaser would, as a precondition to closing a sale, obtain a satisfactory engineering report relative to the structural integrity of the property and buildable improvements and the integrity of building systems. Structural problems and/or building system problems may not be visually detectable. If engineering consultants report negative factors of a material nature, or if such are later discovered, relative to the condition of the improvements, such information could have a substantial negative impact on the conclusions reported in this appraisal. Accordingly, if negative findings are reported by Realty Economic Advisors engineering consultants, REA reserves the right to amend the appraisal conclusions reported herein. 4. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property was not observed by the appraisers. REA has no knowledge of the existence of such materials on or in the property. REA, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on, in or proximate to the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 5. We have inspected, as thoroughly as possible by observation, the land; however, it was impossible to personally inspect conditions beneath the soil. Therefore, no representation is made as to these matters unless specifically considered in the appraisal. 6. All furnishings, equipment and business operations, except as specifically stated and typically considered as part of real property, have been disregarded with only real property being considered in the report unless otherwise stated. Any existing or proposed improvements, on or off-site, as well as any alterations or repairs considered, are assumed to have been completed in a workmanlike manner according to standard practices based upon the information submitted to REA This report may be subject to amendment upon re-inspection of the subject subsequent to repairs, modifications, alterations and completed new construction. Any estimate of Market Value is as of the date indicated; based upon the information, conditions and projected levels of operation. 7. representative, or persons designated by the client or owner to supply said data are accurate and correct unless otherwise specifically noted in the appraisal report. Unless otherwise specifically noted in the appraisal report, REA has no reason to believe that any data furnished contain any material error. Information and data referred to in this paragraph include, without being limited to, numerical street addresses, lot and block dimensions of the improvements, gross building areas, net rentable areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any material error in any of the above data could have a substantial impact on the conclusions reported. Thus, REA reserves the right to amend conclusions reported if made aware of any such error. Accordingly, the client-addressee should carefully review all assumptions, data, relevant calculations, and conclusions within 30 days after the date of delivery of this report and should immediately notify REA of any questions or errors. 8. The date of value to which any of the conclusions and opinions expressed in this report apply, is set forth in the Letter of Transmittal. Further, that the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American Dollar on that date. This appraisal is based on market conditions existing as of the date of this appraisal. Under the terms of the engagement, we will have no obligation to revise this report to reflect events or conditions which occur subsequent to the date of Realty Economic Advisors the appraisal. However, REA will be available to discuss the necessity for revision resulting from changes in economic or market factors affecting the subject. 9. REA assumes no private deed restrictions that could limit the use of the subject in any way. 10. Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposit or subsurface rights of value involved in this appraisal, whether they be gas, liquid, or solid. Nor have the rights associated with extraction or exploratio n of such elements been considered unless otherwise stated in this appraisal report. Unless otherwise stated it is also assumed that there are no air or development rights of value that may be transferred. 11. REA is not aware of any contemplated public initiatives, governmental development controls, or rent controls that would significantly affect the value of the subject. 12. The estimate of Market Value, as defined in this report, is subject to change with market fluctuations over time. Market value is highly related to exposure, time promotion effort, terms, motivation, and conclusions surrounding the offering. The value opinion(s) consider the productivity and relative attractiveness of the property, both physically and economically, on the open market. 13. Any cash flows included in the analysis are forecasts of estimated future operating characteristics and are predicated on the information and assumptions contained within the report. Any projections of income, expenses and economic conditions utilized in market expectations of future income and expenses. The achievement of the financial projections will be affected by fluctuating economic conditions and is dependent up on other future occurrences that cannot be assured. Actual results may vary from the projections considered herein. REA does not warrant these forecasts will occur. Projections may be affected by circumstances beyond the current realm of knowledge or control of REA 14. Unless specifically set forth in the body of the report, nothing contained herein shall be construed to represent any direct or indirect recommendation of REA to buy, sell, or hold the property at the value stated. Such decisions involve substantial investment strategy questions and must be specifically addressed in consultation form. 15. Also, unless otherwise noted in the body of this report, it is assumed that no changes in the present zoning ordinances or regulations governing use, density, or shape are being considered. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, nor national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report is based, unless otherwise stated. 16. This study may not be duplicated in whole or in part without the specific written consent of REA nor may this report or copies hereof be transmitted to third parties without said consent, which consent REA reserves the right to deny. Exempt from this restriction is duplication for the internal use of the client-addressee and/or transmission to attorneys, accountants, or advisors of the client-addressee. Also exempt from this restriction is transmission of the report to any court, governmental authority, or regulatory agency having jurisdiction over the party/parties for whom this appraisal was prepared, provided that this report and/or its contents shall not be published, in whole or in part, in any public document without the express written consent of REA which Realty Economic Advisors consent REA reserves the right to deny. Finally, this report shall not be advertised to the public or otherwise used to induce a third party to purchase the property or to make Securities Act of 1933, as amended. Any third party, not covered by the exemptions herein, who may possess this report, is advised that they should rely on their own independently secured advice for any decision in connection with this property. REA shall have no accountability or responsibility to any such third party. 17. Any value estimate provided in the report applies to the entire property, and any pro ration or division of the title into fractional interests will invalidate the value estimate, unless such pro ration or division of interests has been set forth in the report. 18. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Component values for land and/or buildings are not intended to be used in conjunction with any other property or appraisal and are invalid if so used. 19. The maps, plats, sketches, graphs, photographs and exhibits included in this report are for illustration purposes only and are to be utilized only to assist in visualizing matters discussed within this report. Except as specifically stated, data relative to size or area of the subject and comparable properties has been obtained from sources deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart from this report. 20. No opinion is intended to be expressed on matters which may require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. Values and opinions expressed presume that environmental and other governmental restrictions/conditions by applicable agencies have been met, including but not limited to seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, licenses, etc. No survey, engineering study or architectural analysis has been made known to REA unless otherwise stated within the body of this report. If the Consultant has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranty is made concerning obtaining these items. REA assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. 21. Acceptance and/or use of this report constitutes full acceptance of the Contingent and Limiting Conditions and special assumptions set forth in this report. It is the s become aware of the aforementioned contingencies and limiting conditions. Neither the Appraiser nor REA failure to become familiar with and understand the same. The Client is advised to retain experts in areas that fall outside the scope of the real estate appraisal/consulting profession if so desired. 22. REA assumes that the subject analyzed herein will be under prudent and competent management and ownership. Realty Economic Advisors 23. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 24. No survey of the boundaries of the property was undertaken. All areas and dimensions furnished are presumed to be correct. It is further assumed that no encroachments to the realty exist. 25. The Americans with Disabilities Act (ADA) became effective January 26, 1992. Notwithstanding any discussion of possible readily achievable barrier removal construction items in this report, REA has not made a specific compliance survey and analysis of this property to determine whether it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the ADA. If so, this fact could have a negative effect on the value estimated herein. Since REA has no specific information relating to this issue, nor is REA qualified to make such an assessment, the effect of any possible non-compliance with the requirements of the ADA was not considered in estimating the value of the subject. 26. Client shall not indemnify Appraiser or hold Appraiser harmless unless and only to the extent that the Client misrepresents, distorts, or provides incomplete or inaccurate appraisal results to others, which acts of the Client approximately result in damage to Appraiser. Notwithstanding the foregoing, Appraiser shall have no obligation under this Section with respect to any loss that is caused solely by the active negligence or willful misconduct of a Client and is not contributed to by any act or omission (including any failure to perform any duty imposed by law) by Appraiser. Client shall indemnify and hold Appraiser harmless from any claims, expenses, judgments or other items or costs arising as a result of the Client's failure or the failure of any of the Client's agents to provide a complete copy of the appraisal report to any third party. In the event of any litigation between the parties, the prevailing party to such litigation shall be entitled to recover, from the other, reasonable attorney fees and costs. 27. The report is for the sole use of the client; however, client may provide only complete, final copies of the appraisal report in its entirety (but not component parts) to third parties who shall review such reports in connection with loan underwriting or securitization efforts. Appraiser is not required to explain or testify as to appraisal results other than to respond to the client for routine and customary questions. Please note that our consent to allow an appraisal report prepared by REA or portions of such report, to become part of or be referenced in any public offering, the granting of such consent will be at our sole discretion and, if given, will be on condition that we will be provided with an Indemnification Agreement and/or Non-Reliance letter, in a form and content satisfactory to us, by a party satisfactory to us. We do consent to your submission of the reports to rating agencies, loan participants or your auditors in its entirety (but not component parts) without the need to provide us with an Indemnification Agreement and/or Non-Reliance letter. 28. provided herein. REA has followed traditional appraisal standards to develop a reasonable calculation based upon industry practices and industry accepted publications such as the Marshal Valuation Service handbook. The methodology employed is a derivation of the cost approach which is primarily used as an academic Realty Economic Advisors exercise to help support the market value estimate and therefore is not reliable for Insurable Value estimates. Actual construction costs and related estimates can vary greatly from this estimate. 29 This analysis should not be relied upon to determine proper insurance coverage, which can only be properly estimated by consultants considered experts in cost estimation and insurance underwriting. It is provided to aid the client/reader/user as part of their overall decision making process and no representations or warranties are made by REA regarding the accuracy of this estimate and it is strongly recommend that other sources be utilized to develop any estimate of insurable value.