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Palmer, Groth & Pietka - Overflow Corporation Facility (Burnham) CITY OF TIGARD OREGON December 3 , 1999 David E. Pietka, MAI Palmer, Groth & Pietka, Inc. Suite 200 120 SW Yamhill street Portland, OR 97204 subject: Professional services Agreement for the overflow Corporation Facility _ Dear Mr. Pietka: , I am faxing back a signed copy of the professional service agreement authorizing your firm to prepare the appraisal report on the Overflow Corporation facility as outlined in the agreement. As we discussed this morning, .I also confirm that the report includes a condemnation scenario. An original copy of the agreement will be mailed under separate cover. sincerely, E1izabeilY Ann Newton Assistant to the City Manager 1AADM UMPIETKA.DOC 13125 SW Hall Blvd., T1rd, OR 97223(503),639-4171 'TDD(503).684-2772 _'ROFESSIONAL SERVICE AGREEMEN'. Project: THE OVERFLOW CORP.FACILITY Location: 8950 SW Burnham Tigard,Oregon Appraisal Presentation: A complete,,summary appraisal,reporthent survey(3 copies)will be prepared in accordance with the Uniform Standards of Professional'Appraisal Practice(USPAP),and Appraisal Institute Code of Ethics. The report will present the rent survey with different scenarios to be further clarified with the client. A copy of the standard Assumptions and Limiting Conditions, which appear in the report, is available for review upon request. Professional Fee: $4,800 Terms: The fee is due upon delivery of the report. Past due accounts will accrue a late payment charge of 1.5%per month, compounded monthly. In the event that either party commences any legal action relating to the provisions of the Agreement,including collection,the prevailing party shall be entitled to its actual attorney's fees and costs,including those incurred upon appeal. This agreement shall be governed by and construed in accordance with the laws of the State of Oregon,and the venue of any action arising from this agreement shall be in Multnomah County,Oregon. Projected Delivery: 4 weeks from the receipt of the fully executed Professional Service Agreement. Modification or Cancellation: Any changes in the assignment will be mutually agreed upon, in writing, and the fee will be adjusted accordingly, if necessary. If the assignment is canceled for any reason prior to completion, for all time expended prior to cancellation,the client will be billed at a rate of$85 per hour for associate time,$100 per hour for senior associate time,and$150 per hour for principal time. If the client delays completion of the assignment beyond 90 days,the fee will be renegotiated. Hazardous Waste Disclaimer: Palmer,Groth&Pietka,Inc.,does not assume any duty to analyze or examine the property or adjacent property for the possible presence of toxic or hazardous substances or materials and accepts no'liability regarding this issue. The appraisal report-will contain a comprehensive disclaimer to this effect. Liability: Palmer,Groth&Pietka,Inc.'s responsibilities are rendered and limited to the client,and its liability is limited to the fee actually received for the services requested herein. Appraiser: I,David E.Pietka,MAI,a representative of Pahner,Groth&Pietka,Inc.,agree to the above terms,assuming the Professional Service Agreement is returned by December 9, 1999. Date: David E.Pietka,MAI Client: I, Liz Newton,on behalf of City of Tigard, agree to the above-stated terms and authorize Palmer, Groth& Pietka,Inc.,to prepare the above appraisal report. Date: Liz Newton On behalf of City of Tigard PALMER;GROTH&PIETKA,INC.