Auction Addendum - Hilco Real Estate

Auction #:
Identifier#
Addendum to NORA Auction Agreement to Purchase and Sell
Restricted Access, Permits Disclosure,
Elevation Requirements and Hold Harmless
Property Address:
, New Orleans, Louisiana (the “Property”)
The undersigned is the buyer of the Property and is
referred to as “Buyer”. By signing this Addendum,
Buyer acknowledges the following and agrees to abide
by the terms of this Addendum, in addition to the terms
of the Agreement to Purchase and Sell.
Buyer May Not Enter the Property Without a Separate
Right of Entry
The Agreement to Purchase and Sell does not transfer
ownership, interest or title to the Property. It is only an
agreement to transfer title at a future date, after all
conditions contained in the Agreement have been
satisfied.
Buyer may not perform work on or to the Property until
after closing. This prohibition includes, but is not
limited to, demolition, fencing, planting and
landscaping, tree or trash removal.
Buyer may not enter the Property – even for inspection
or testing – without first obtaining a “Right of Entry”
form from NORA. If Buyer is unsure of what activities
Buyer is allowed to access the Property for, Buyer
agrees to contact NORA before undertaking the activity.
Permits, Elevation and Flood Insurance
If the Property will be sold with a structure on it, Buyer
is responsible for identifying and obtaining any local,
state or federal building permits required to rehabilitate
the structure (or to remove the structure, if Buyer
subsequently decides to do so). In either case, a permit
will be required from the City of New Orleans Office of
Safety and Permits.
Depending on the condition of the structure, the extent
of work required, its current finished floor elevation and
Flood Insurance Rate Map flood zone where the
Property is located, the structure may have to be
elevated as a prerequisite for getting a permit. The City
of New Orleans Office of Safety and Permits has
compiled damage assessment data for most structures
in the City. Structures with a damage assessment over
50% are required to be elevated, unless the owner can
present suitable information to lower the damage
assessment. That assessment is based on the cost to
repair the structure to its original condition (regardless
of whether it is actually restored), divided by the pre-
disaster market value. Repair costs and pre-disaster
market value must be based on reliable estimates
acceptable to the Office of Safety and Permits.
Historic structures do not have to be elevated, as long
as the rehabilitation work does not cause the structure
to lose its historic status. Even though historic
structures are exempt from elevation requirements, a
permit from the Office of Safety and Permits is still
required.
Any and all costs associated with elevating the
structure is Buyer’s sole responsibility. Further, Buyer
is required to provide evidence of flood insurance for
the Property at the time of closing. Because of
requirements established by the federal government
through the Department of Housing and Urban
Development (HUD), Buyer will not be allowed to close
the sale without evidence of flood insurance.
Determining whether elevation is required, and
coordination with any and all permitting agencies is the
responsibility of Buyer. Contact information for the
New Orleans City of Safety and Permits is:
City Hall, 1300 Perdido Street, Room 7E07
New Orleans, Louisiana 70112
(504) 658-7130
http://www.nola.gov/Residents/Safety-and-Permits
Release, Indemnification and Hold Harmless
For and in consideration of the agreement of NORA to
convey the Property to Buyer, Buyer does hereby
release, indemnify and hold harmless NORA and its
successors and assigns, from any and all liability and
causes of action relating to, around, out of and in
connection with Buyer’s ability to obtain a building
permit to rehabilitate the structure located on the
Property.
Buyer:
______________________________________
Sign
Date
______________________________________
Printed
______________________________________
Sign
Date
______________________________________
Printed
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NEW ORLEANS SAFETY AND PERMITS
ELEVATIONS AND DAMAGE ASSESSMENT GUIDELINES*
Any structure which has an assessment of less than 50% can secure a building permit and be repaired. Those
structures with a damage assessment over 50% would have to be elevated or the damage assessment would
have to be lowered before a building permit for repairs could be secured. If the damage assessment is not
lowered the structure would have to meet the required FEMA Elevation before we could issue a building
permit for repairs. To lower the damage assessment the owner would have to submit the following
information to our department for review.
DAMAGE ASSESSMENT PERCENTAGE:_______%
NUMERATOR ___________________(A)
DEMONINATOR _________________(B)
(A)
COST OF REPAIR DETERMINATION:
Itemized estimates made by a licensed contractor or other professional estimators in the construction industry
(B)
PRE-DISASTER MARKET VALUE DETERMINATION
Independent appraisal by a professional appraiser
If the information provided shows the damage assessment is less than 50% we MAY be able to issue a building
permit for repairs. All information submitted must be reviewed by our department to ensure it is accurate
and includes all work required to restore the structure back to its original condition.
Devra Goldstein
Chief Building Inspector
Department of Safety and Permits
City of New Orleans
* Damage assessment and elevation requirements are furnished from the Safety and Permits website.
Historic properties designated “H” may be exempted from Base Flood Elevation requirements. See Reverse.
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