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