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whether it represents the fair market value of the tenant's leasehold, the contributive value of the real property or the value for removal from the real property. d. Negotiation Contacts. Each property owner should be contacted in the following manner: (1) A negotiator will personally contact each resident property owner or his representa- tive, explain the effect of the acquisition, and offer the approved amount for the prop- erty to be acquired. The mere sending of an offer letter to a resident property owner is not sufficient to meet the personal contact provisions unless all reasonable efforts have been expended in an attempt to arrange a personal meeting. (2) A nonresident property owner may be con- tacted as above or the Sponsor may initially contact the owner by certified (or registered) first class mail. The future course for nego- tiations should be developed in a reasonable manner which is acceptable to both parties. Such letters should embody to the extent pos- sible the same information that would be presented in a personal contact. e. Owner Retention. Except in areas where the relocation of the building would not be feasible or consistent with planned urban development, the owner of improvements or appurtenances on lands being acquired will be allowed the option of re- taining his improvements or appurtenances at a retention value predetermined by the Sponsor. This predetermination should normally be made prior to the start of negotiations. f. Records of Negotiation. The negotiator will maintain adequate records of negotiation on a par- cel basis. The record will be written in permanent form and completed within a reasonable time after each contact with the property owner. The informa- tion should include, but is not limited to, the date and place of contact, persons present, offers made (dollar amounts), counteroffers, reasons settlement could not be reached and any other pertinent data Each contact should be independently recorded. The report will be signed and dated by the negotiator. (1) When negotiations are successful, a signed statement is to be prepared by the negotiator that the written agreement embodies all con- siderations agreed to between the negotiator and the property owner and that agreement was reached without coercion of any type. 22 (2) When negotiations are unsuccessful, the ne- gotiator should record his recommendations for whatever action he considers appropriate along with any additional informtaion essen- tial to further processing of the acquisition. Upon completion of negotiations, the above records are to become a part of the Sponsor's file. g. Negotiators. Negotiations should be conducted by qualified personnel employed by the Sponsor. (1) A negotiator will not negotiate for the ac- quisition of any parcel where he was involved in preparation of the real estate appraisal or the determination of just compensation. (2) In exceptional cases when determined neces- sary by the Sponsor and prior concurrence is given by the FAA, qualified private individ- uals and firms may be employed for negotia- tion purposes. The employment of fee nego- tiators is to be by written contract, agree- ment, or assignment letter approved in ad- vance by an FAA represenative. The amount of the fee should be established on a parcel basis and not determined on a percentage of fair market value. The fee should be reason- able for the work contemplated. Fee negotia- tor contracts or agreements should contain the following provisions and clauses: (a) Date of agreement, ('b) The complete name and address of each party to the agreement whether individual, partnership, firm or cor- poration. If a corporation is one of the parties, the State in which it is in- corporated will be shown, (c) Identity of the person(s) who will render the negotiation services, (d) Description of the work to' be done in sufficient detail to show the nature and extent of the services contem- plated, (e) Provision for the negotiator to testify in court if the need arises, Specifications as to the content and format of negotiation reports, Data to be furnished the negotiator by the Sponsor, (h) Time of beginning and completion of the work, (i) The basis of payment for the services to be furnished, (3) (f) (g) • ,1