03-29-10 Special Called Regular Meeting of the Fiscal Affairs Committee

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SUMMARY APPRAISAL REPORT 24 This engagement may be terminated whether by client or THE BILlCEK COMPANY at any time upon written notice to that effect to the other parties, it being understood that, THE BILICEI< COMPANY shall unilaterally terminate the engagement without the client's consent and without reasonable cause, the provisions related to the payment of fees and expenses through the date of termination will s:urvive any termination, and it being further understood that the indemnification and hold harmless provisions shall survive any termination thereof, whether or not such termination is unilateral. Invoices are due upon receipt. Invoices not paid after 30 days from issual1ce will be subject to a late fee calculated at 10% rate of interest. The client is responsible for all costs of collection, including attorney's fees. THE BILICEK COMPANY'S maximum liability relating to services rendered under this report (regardless of form of action, whether in contract, .negligence, 9r otherwise) ~han be limited to tbe fee paid to THE BILICEK COMPANY for the portion of its sei"vices or work products giving rise to liability. In no event shall THE BILlCEK COMPANY be liable for consequential, special, incidental, 01' punitive losses, damages, or expenses (including, without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence. It should be specifically noted by any prospective mortgagee that the appraisal assumes that the propeliy will he competently managed, leased, and maintained by f'll~ncially sound owners over the expected period o~ ownership. This appraisal engagement does not entail an evaluation of management's or oWner's effectiveness, nor are we responsible for future marketing efforts and other management or ownership actions upon which actual results will depend. ~ The Americans with Disabilities Act ("ADN') became effective January 26, 1992. THE BILICEK COMPANY has not made a specific compliance survey and analysis ofthis propeliy to determine whether or hot it is in conformity with the various detailed requirements of the ADA. It.is possible that a compliance survey oftl}e property, together with a detailed analysis of the requirements of the ADA, could l'eveal that the property is flot in compliance with one or more of the l'equirements of the Act, If so, this fact could have a negative effect upon the value of the property. . Since THE BiLICEK COMPANY has no direct evidenCe relating to this issue, THE BlLICEK COMPANY did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. CERTIFICATION: I certify that, to the best of my knowledge and belief: 1. The statement of facts contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my p~l'sonal, impartial, and unbiased professional analyses, opinions, and conclusions. The Bilicek Company