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<br />5" A ...Ai <br /> <br />defined by the USPAP. In each instance, the appraisal shall be based on highest <br /> <br />and best use of the property appraised. <br /> <br />Agency shall provide preliminary title reports for each parcel. Agency shall <br /> <br />make available copies of any environmental reports, soils reports, including detail <br /> <br />information regarding any sources of contamination or other environmental <br /> <br />hazards that may require remediation. If required, Agency shall apply for a court <br /> <br />order permitting Consultant's entry on the property to be appraised. <br /> <br />The services performed hereunder by Consultant and the appraisal <br /> <br />reports shall be deemed confidential as attorney work-product. Except with <br /> <br />respect to obtaining factual information, all communications between Consultant <br /> <br />and Agency shall be with, pursuant to direction of, Agency's counsel. <br /> <br />2. COMPENSATION; EXPENSES; PAYMENT. Agency shall compensate <br /> <br />Consultant for all services performed by Consultant hereunder in an amount <br /> <br />based upon Consultant's hourly rate of $175.00. <br /> <br />Notwithstanding the foregoing, the combined total of compensation and <br /> <br />reimbursement of costs payable hereunder shall not exceed the sum of Twenty- <br /> <br />eight Thousand and No/100 Dollars ($28,000.00) unless the performance of <br /> <br />services and/or reimbursement of costs and expenses in excess of said amounts <br /> <br />have been approved in advance of performing such services or incurring such <br /> <br />costs and expenses by Agency's Board, evidenced by motion duly made and <br /> <br />carried. <br /> <br />Compensation and reimbursement of costs and expenses hereunder shall <br /> <br />be payable upon monthly billing therefor by Consultant to Agency, which billing <br /> <br />Agmt-RD-003 <br />DE5:djk <br />F :/5 h a red/Redwood/Cou nci I <br />05/12/00 <br /> <br />2 <br />