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HomeMy WebLinkAboutA8703 - GOLF COURSE APPRAISALCONTRACT ABSTRACT Contract Appraisal Services Agreement Company Name: Golf Course Appraisal Company Contact: Ron Carcierre Summary of Services: Review of Appraisal of Tahquitz Creek Golf Course property Contract Price: $5,000 Funding Source: 001-1400-43200 Contractual Services Contract Term: Two Months Contract Administration Lead Department: I Contract Administrator: Community & Economic Development Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: Minute Order/ Resolution Number: Agreement No: P91() 3 Contract Compliance Exhibits: Included Signatures: Included Insurance: Included Bonds: n/a Res NO. Contract prepared by: Community & Economic Development Department Submitted on: 3-23-21 By: Diana Shay ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor CONTACT NAME: PHONENo, (888) 202-3007 aC No E-MAIL contact@hiscox.com ADDRESS: C INSURERS AFFORDING COVERAGE NAIC # New York, NY 10022 INSURERA: Hiscox Insurance Company Inc 10200 INSURED RON CARCIERE INSURER B : 270 MEADOW GATE RD INSURERC : INSURER D : MEADOW VISTA CA 95722 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MWDDfYYYY) POLICY EXP (MM/DDIYYYYI UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx] OCCUR Y UDC-4675750-CGL-20 12/07/2020 12/07/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 X Primary & Non Contributory PERSONAL &ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY ❑ JEC LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ S/T Gen. Agg. $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT IF accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 147 C TO: City of Palm Springs ATTN. City Clerk and Risk Manager SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor partnership ❑ closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with an uch laws or regulations. Risk Management Approval: Contracto ignature u A-c-�, -37 C-AyLu Printed Name of Contractor Date Date APPRAISAL SERVICES AGREEMENT r µTHIS APPRAISAL SERVICES AGREEMENT (the "Agreement") is made this day of �\ P q ► l_ , 2021 (herein referred to as the "Effective Date") by and between the City of Palm Springs, a California charter City ("City"), and Golf Course Appraisal, ("Consultant"), who agree as follows: 1. -Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of City the appraisal services for review of appraisal performed on the Tahquitz Creek Golf Course Property, dated December 12, 2020, performed by the Dore' Group. Subject Property is described in Exhibit "A" to this agreement. As a material inducement to City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to professional standards and practices. Consultant's scope of work and compensation is included in Exhibit "B". The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "B" to thecontrary. a. Consultant shall be paid in accordance with the rates attached hereto as Exhibit "A", but in no event shall Consultant's total compensation for all services performed under this Agreement exceed five thousand dollars ($5,000), without the prior written authorization of the City Manager or the City Manager's designee ("City Manager"). Consultant shall be responsible for notifying the City Manager or the City Manager's designee if the not to exceed amount is about to expend. b. The above fee shall include all costs, including but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. a. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. b. City will pay Consultant the amount invoiced within thirty (30) days after the approval of the invoice. C. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. A 4. _C.hilnae i2rders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by City to Consultant. 5. Licenses. Designation. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses, during the performance of this Agreement. If required by City, Consultant warrants and covenants that its principal has achieved and will maintain in good standing throughout the term of this Agreement, an "MAI" (Member of Appraisal Institute) designation corresponding to each real property identified in Exhibit "A" to this Agreement (e.g., residential, commercial, industrial, etc.). Mark Here if MAI Required 6. _hidependent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and not an employee of City. City shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not, under any circumstances, be considered employees of City. 7. CQgnsulta t N2t Agent. Except as City may specify in writing and as set forth in this Agreement, Consultant shall have no authority, express implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, to bind City to any obligation whatsoever. 8. Assignm§131 21 Subcontracting. No assignment or subcontracting by Consultant of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. 9. Insurance. Consultant shall maintain during the life of this Agreement Commercial General Liability Insurance, of at least $1,000,000 per occurrence/$2,000,000 general aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City. Consultant shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Consultant's Commercial General Liability. Consultant agrees to keep such policy in force and effect for at least three years from the date of completion of this Agreement as long as such insurance is available on reasonably acceptable terms. Consultant shall provide a certificate of insurance evidencing such coverage. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. Consultant shall provide City with evidence in the form of a certificate that should this insurance policy be canceled before the completion of all services contemplated by this Agreement, the issuing company will mail no less than thirty (30) days written notice to the City. 10. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 11. Products of -Consultant, The documents and appraisal report and other products produced or provided by Consultant for this Agreement shall become the property of City upon receipt. Consultant shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilized such products, but only in connection with City's purchase or sale of the property that is the subject of the appraisal. 12. Termination. City Manager may for any reason terminate this Agreement by giving the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of such notice, the Consultant shall immediately cease work, unless the notice from City Manager provides otherwise. Upon the termination of this Agreement, City shall pay Consultant for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 13. Maintenance and Insg1cJio0„2f Records. In accordance with generally accepted accounting principles, Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City Manager, and copies thereof shall be furnished if requested. 14. Governing Law, Venue, This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. The venue for any dispute arising from or related to this Agreement shall be the Superior Court of the State of California, County of Riverside, and Palm Springs Courthouse. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 16. City Officers And Employees: Non -Discrimination 16.1 Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 16.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 16.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, u including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in City contracting. 17. Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. TO CONSULTANT: Ronald J. Carciere, MAI, SGA Golf Course Appraisal P. O. Box 6020 Auburn, CA 95604 Phone: (530)-878-7721 TO CITY: City of Palm Springs Attn: Jay Virata,Director Community & Economic Development 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Phone: (760) 323-8228 SIGNATURES ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" CITY OF PALM SPRINGS Date: By:\' -,N4 1) /-,- Jay knya, or Comand Economic Development APPROVED AS TO FORM: ATTEST: By: / By: J ef rey Sr BallWe r, hony J Mej , MMC City Attorney City Clerk A,8-703 APPR4Yl-U BY I" GER N GOLF COURSE APPRAISAL Date: - I (-- - Zo z-I Date: M l Signature Ow ,u �-c2 - G-,D LF GO/✓�s v4,OArz, 4 S �a L Printed Name/Title Signature Printed Namerritle m EXHIBIT "A" DESCRIPTION OF PROPERTY CITY GOLF COURSE PROPERTIES PARCELS AND AREAS (Update 1) 680604002 680113007 0 PALM SPRINGS ADD 1 0.07 25 11003 MB 2/27 680604003 680113025 0 PALM SPRINGS ADD 1 0.04 26 11003 MB 2/27 680604004 680113008 0 PALM SPRINGS ADD 2 0.07 2 11003 MB 2/30 680604005 680113009 0 PALM SPRINGS ADD 2 0.04 3 11003 MB 2/30 680604006 680113010 0 PALM SPRINGS ADD 2 0.04 4 11003 MB 2/30 680604007 680113011 0 PALM SPRINGS ADD 2 0.07 6 11003 MB 2/30 680604008 680113012 0 PALM SPRINGS ADD 2 0.04 7 11003 MB 2/30 680604009 680113013 0 PALM SPRINGS ADD 2 0.07 9 11003 MB 2/30 680604010 680113014 0 PALM SPRINGS ADD 2 0.04 10 11003 MB 2/30 680604011 680113015 0 PALM SPRINGS ADD 2 0.04 11 11003 MB 2/30 680604012 680113016 0 PALM SPRINGS ADD 2 0.04 12 11003 MB 2/30 680604013 680113017 0 PALM SPRINGS ADD 2 0.21 11003 680604014 680113018 0 PALM SPRINGS ADD 2 0.04 19 11003 MB 2/30 680604015 680113019 0 PALM SPRINGS ADD 2 0.07 21 11003 MB 2/30 680604016 680113020 0 PALM SPRINGS ADD 2 0.04 22 11003 MB 2/30 680604017 680113021 0 PALM SPRINGS ADD 2 0.04 23 11003 MB 2/30 680604018 680113022 0 PALM SPRINGS ADD 2 0.04 24 11003 MB 2/30 680604019 680113023 0 PALM SPRINGS ADD 2 0.04 25 11003 MB 2/30 680604020 680113024 0 PALM SPRINGS ADD 2 0.04 26 11003 MB 2/30 691210007 681210806 0 PALM VALLEY COLONY LANDS 11.31 9 11005 MB 14/652 681210008 681210802 0 PALM VALLEY COLONY LANDS 8.7 10 11005 MB 14/652 681210010 681210803 0 PALM VALLEY COLONY LANDS 1.71 10 11005 MB 14/652 681210011 681210804 0 PALM VALLEY COLONY LANDS 4.41 23 11005 MB 14/652 681250008 681250801 0 1.15 11005 681250011 681250010 0 PALM VALLEY COLONY LANDS 8.41 10 11005 MB 14/652 681250012 681250009 0 PALM VALLEY COLONY LANDS 40.01 11005 681260013 681260801 0 3.1 11005 681260014 681260802 0 PALM VALLEY COLONY LANDS 20.61 13 11005 MB 14/652 681260015 681260803 0 PALM VALLEY COLONY LANDS 17.45 4 11005 MB 14/652 681270018 681270802 0 PALM VALLEY COLONY LANDS 9.82 11005 681270019 681270801 0 PALM VALLEY COLONY LANDS 0.92 13 11005 MB 14/652 681270021 681270804 0 PALM VALLEY COLONY LANDS 1.44 13 11005 MB 14/652 Palm Avenue 0 0 PALM SPRINGS ADD 2 0.7 11003 MB 2/30 California Avenue 0 0 PALM SPRINGS ADD 2 0.7 11003 MB 2/30 Orange Avenue 0 0 PALM SPRINGS ADD 2 0.7 11003 MB 2/30 TOTAL 277.7 Printed: 8/24/2020 Page 2 of 2 w �i w ti D w a uj r^� ■r s , ;L 4 , '� Sm WAV toy 1 a' r 3 ' .. -.00 &OIL 1 'a' viol! ..;�, e , a � q J ~ _ d; < WWr r ' 'W Ig°- Its woo 4 . � w L. �_ � ' L'v. �• �_ � y 5 -`.41 E k�rY s 8 *VIA, cgs x { t M CSC rleii P .. {p { n . .. - - co co ..Vs .......... ..... - .. . ...- ... ......, .,. .,. ... ...... .._.. ... ....... ._... ,.,...................... .' coG9 N,. to V- to ..: .. ......... ..... .................... ........:..::..:. .,....:............4,0 r .. ...............,. 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' r CONTRACT ABSTRACT Contract Appraisal Services Agreement Company Name: Golf Course Appraisal Company Contact: Ron Carcierre Summary of Services: Review of Appraisal of Tahquitz Creek Golf Course property Contract Price: $5,000 Funding Source: 001-1400-43200 Contractual Services Contract Term: Two Months Contract Administration Lead Department: Community & Economic Development Contract Administrator: Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: Minute Order/ Resolution Number: Agreement No: Contract Compliance Exhibits: Included Signatures: Included Insurance: Included Bonds: n/a Res NO. Contract prepared by: Community & Economic Development Department Submitted on: 3-23-21 By: Diana Shay EXHIBIT "B" SCOPE OF SERVICES AND COMPENSATION Golf Course Appraisal Market & Feasibility Studies • Valuations • Consulting March 16, 2021 Mr. Jay Virata, Director Community & Economic Development City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Appraisal Review Tahquitz Creek Golf Resort Mr. Jay Virata: At your request, the following is a proposal to provide consulting services with regards to an appraisal that was performed on the Tahquitz Creek Golf Resort property, dated December 12, 2021, with a date of value of November 6, 2020. The appraisal was performed by Lance W. Dore' of The Dore' Group. As was discussed in our recent telephone conversation, I will complete a "technical review' of the appraisal as described in the following scope of work. It should be noted that the review will not be intended to comply with a Standard 3 Review, of the Uniform Standards of Professional Appraisal Practice (USPAP). Scope of Work The subject property of the appraisal will not be physically inspected, nor will the comparable data used by the appraiser. As stated above, this type of review is known as a "technical review", and is limited to a review of the methodology, data and analysis presented within the appraisal report. The following is a summary of the steps in this review process: • Determine if the appraisal clearly states the interest being appraised; • Determine if the property is properly described; • Review the methodology used in the highest and best use analysis and determine if the conclusions are reasonable and supported; • Review the valuation methodology; • Review the sales and data used in the analysis to see if they are consistent with the highest and best use concluded; • Review the analysis process that was used to arrive at an estimate of value for the interest being appraised; • Comment on the overall reliability of the analysis and conclusions presented; • Comment on any recommendations with regards to the report under review; • The findings of the review will be presented in a letter report. Purpose and Intended Use It is my understanding that the review will be used to assess the validity of the subject appraisal, and possibly as a tool to negotiate a sale of the property. P. O. Box 6020 Auburn, CA 95604 (530) 878-7721 fax (530) 878-7130 email: gca@suddenlink.net California • Colorado • Illinois • South Carolina Client and Intended Users The client is the City of Palm Springs. The intended users are understood to be the City of Palm Springs and agents operating on behalf of the City. Date of the Review The date of the review will be the current date the work product was completed and signed. Fee Estimate The fee will be charged on an hourly basis at the rate of $250 per hour, with an initial retainer of $2,000. The total time necessary to complete the assignment will depend on the content of the report under review and required time to complete the review report to the client. It is a rough estimate that the time necessary to complete this assignment could range between 20 and 30 hours, with the cost dependent on the actual time required. If you desire to proceed with this review as stated, please notify me so that I may draft a contract for services for your review, comment and execution. I appreciate the opportunity to present this proposal and be of service. Please don't hesitate to contact me should you have any suggested changes or questions regarding this proposal. Sincerely, Ronald J. Carciere, MAI, SGA Golf Course Appraisal 2