HomeMy WebLinkAboutR. Anthony Brigantino - 2014 Agreement - Amendment No. 1FIRST AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY
AND R. ANTHONY BRIGANTINO, MAI FOR AGRICULTURAL ASSESSMENT
SERVICES
WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and R. Anthony
Brigantino, MAI entered into that certain agreement entitled "Agreement for Services ",
effective on September 4, 2014, hereinafter referred to as "Original Agreement "; and
WHEREAS, certain language in the Scope of Services is more broad than intended, and
a clarification to those details is desired by both parties; and
WHEREAS, City and R. Anthony Brigantino, MAI have determined it is in their mutual
interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
1. Exhibit "A" is amended to clarify the scope is focused on determining the market
value of agricultural land and does not include estimation of an in -lieu payment fee,
as shown in the attached amended Scope of Services.
2. This Amendment shall be effective on January 30, 2015.
3. Except as expressly modified herein, all of the provisions of the Original
Agreement shall remain in full force and effect. In the case of any inconsistencies
between the Original Agreement and this Amendment, the terms of this
Amendment shall control.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CIT ROY
By:
[signature]
Thomas J. Haglund
[employee name]
City Administrator
[ 'tle /department]
Date:
Approved as to Form
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City Attorney
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A. ANTHONY QVIGANINO, MAI
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[title]
Date:
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EXHIBIT 'W
SCOPE OF SERVICES
(Amended January 30, 2015)
R. Anthony Brigantino, MAI shall be responsible for the following services:
1. Search the Prime Agricultural Lands and Lands of Statewide Importance inventory
within the City of Gilroy `Preferred Preservation Areas' Areas' (attached) for the
purpose of determining the market value of an agricultural parcel to assist the City of
Gilroy in estimating an in -lieu payment fee for the city's Agricultural Mitigation
Program. Under section 1.02(B)(3) of the Program, an in -lieu fee is based upon the
lowest appraisal of purchasing development rights in the referenced `Preferred Areas."
2. To the maximum extent possible, Consultant will lean towards locating a property-that is
approximately 25 acres in size. If this is not possible, a comparable portion of a larger
site may be utilized for appraisal purposes.
3. Consultant will present property selection(s) to City staff prior to completion of the
appraisal to ensure the necessary considerations are included.
4. Site selection considerations by Consultant will include:
a. Property is not located in FE-MA Zone A —100 year flood zone.
b. Property is vacant, with no significant easements/constraints.
c. Property is actively farmed for annual agricultural production.
5. Consultant will provide a final report to the city describing the site selection and
valuation process. City will consider this information to establish a benchmark in -lieu
appraisal fee for use under the city's Agricultural Mitigation Program.
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