Professional Services Agreement - DLZ Indiana LLC - Bendix Drive Right of Way Acquisition

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Version 6-5-2017 h. k Upon initiation of buying, the Buyer shall provide the owner of real property to be acquired with a written statement of, and a summary of the basis for, the amount which has been established as just compensation for the proposed acquisition. The Buyer shall perform the services under this Agreement in compliance with the Indiana Department of Transportation's Buyers Procedure Manual in addition to the following regulations: (i) Make all reasonable efforts to personally contact each owner or his designated representative, explain the acquisition, and offer in writing the approved estimate of just compensation. When all efforts to make a personal contact have failed or in the event the property owner resides out of state, the owner may be contacted by certified or registered first class mail or other means appropriate to the situation. (ii) No later than the first contact where the offer is discussed, the Buyer shall provide the owner with the brochure "Acquisition; Acquiring Real Property for Federal and Federal -Aid Programs and Projects" describing the land acquisition process and the owner's rights, privileges and obligations. (iii) The owner of improvements located on land being acquired for Right of Way should be offered the option of retaining those improvements at a retention value determined by the CONSULTANT and approved by the LPA and Indiana Department of Transportation. (iv) A revised offer and summary statement of just compensation shall be provided the owner if: i. The extent of the taking is revised, or ii. The approved estimate of just compensation is revised by the Review Appraiser, The Buyer shall maintain adequate records to include a report for each parcel containing but not limited to: (i) The date, place, parties of interest contacted and summary of meeting. (ii) Offer made. (iii) Counter-offer or reasons offer was not accepted. (iv) The report must be signed and dated by the Buyer, and initialed by the persons contacted, or if persons contacted object to initial, the buyer documenting objections accordingly. The property owner may be given a copy of the report on each contact. When attempts to buy are successful, a signed statement is to be prepared by the Buyer to the effect that: (i) The written offer embodies all considerations agreed to by the property owner; (ii) The Buyer understands the acquired property is for use in connection with a federal -aid project; (iii) The Buyer has no direct or indirect present or contemplated future personal interest in the properly or in any monetary benefit from the acquisition of the property; and, (iv) The agreement was reached without coercion of any type. When attempts to buy are unsuccessful the Buyer shall record his/her recommendation for action for submittal to the LPA, (i) The recommendation shall consider administrative settlement, including amount of settlement and reasons for a settlement. (ii) Otherwise, a condemnation report shall be completed by the Buyer and submitted accordingly. All information contained in the appraisal shall be treated as confidential. The Buyer is to take all steps to ensure that he/she does not divulge any of this information to anyone other than a duly authorized representative of the LPA, Indiana Department of Transportation, or Federal Highway Administration unless authorized in writing by the LPA to reveal the information to another designated party. 23