Agmt17 Capt. Joseph W. Rogers - Laserfiche WebLink

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AGREEMENT TO CONTRACT APPRAISER This Agreement to Contract Appraiser ("Agreement") is to retain Captain Joseph W. Rogers ("Consultant") to provide appraisal services for the City of Redwood City ("City"). This Agreement will govern all services to be performed for this engagement. RECITALS A. Whereas, the Docktown Marina ("Docktown") located in the City of Redwood City has provided live aboard occupancy opportunities for many years, and at this time, approximately 25 barge based dwellings and 40 boat dwellings are berthed at Docktown. B. Whereas, the City serves as a trustee for the State lands on which Docktown is located, and the City must ensure that use of these lands is in accordance with the statutes which granted the land to the City, State Lands Commission policies, and the public trust doctrine. C. Whereas, the State Lands Commission and the California Attorney General have declared . that continued leasing of slips at Docktown for residential use violates the granting statutes and the common law public trust doctrine. D. Whereas, relocation of the dwellings from Docktown is necessary for the City to meet its legal obligations under the public trust doctrine. E. Whereas, the City has no legal obligation to provide relocation benefits or assistance to the residents of Docktown. However, recognizing that relocation of the dwellings will be challenging for the residents of Docktown, the City developed an assistance program, which is set forth in the Docktown Plan, adopted by the City on December 12, 2016, and includes both advisory and financial assistance benefits to aid residents in relocating their dwellings. F. Whereas. in cases where the dwelling cannot be moved to another location due to its condition or lack of availability of a replacement berth, the Docktown Plan requires the City to present an offer to the owner of the dwelling ("Owner") to purchase the dwelling ("City's Offer"). G. Whereas, the City's offer must be based on an appraiser's determination of the fair market value of the barge based or boat dwelling ("Dwelling") or the most probable price at which the Dwelling will sell in its present state ("City's Appraisal"). H.. Whereas, the owner has 45 days following receipt of the City's offer to submit his/her own appraisal to the City for consideration ("Owner's Appraisal"). 1. Whereas, if the Owner's Appraisal is within 10% of the City's Appraisal, then the City will pay the owner the amount of the Owner's Appraisal. J. Whereas, if the Owner's Appraisal is more than 10% higher than the City's Appraisal, the City will submit three names of independent third party appraisers to the owner ("Third Party Page 1 of 4 ATN/AGR/2017.187/APPRAISAL SERVICES — CAPTAIN JOSEPH W. ROGERS REV: 08-16-17 VR