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HomeMy WebLinkAboutA8341 - CURTIS ROSENTHAL, Inc #2AMENDMENT NO. I TO APPRAISAL SERVICES AGREEMENT (Curtis Rosenthal Inc.) This Amendment No. 1 t Appraisal S vices Agreement ("Amendment") is made and entered into this �ay of Pse.1 , 2020, by and between the City of Palm Springs ("City") and Curtis Rosenthal, Inc., Real Estate Appraisal and Consulting ("Consultant"), concerning the real estate appraisal services of City -owned property with address 200 S. Civic Drive (1.99 acre portion of APN 502-210-023). RECITALS WHEREAS, the City and Consultant previously entered into an agreement for appraisal of the City -owned property with address 200 S. Civic Drive (1.99 acre portion of APN 502-210- 023) ("Appraisal Services Agreement"); and WHEREAS, the City desires to increase the scope of property to be appraised to include an additional portion of adjacent City -owned property with address 225 S. El Cielo Road, also known as the "Boxing Club"; and WHEREAS, the City and Consultant desire to amend the Appraisal Services Agreement to include additional scope of work. NOW, THEREFORE, the City and Consultant do hereby mutually agree as follows: AGREEMENT l . Services. Amend Exhibit A and replace with attached exhibit. 2. Compensation and Fees. Increase total compensation by Three Thousand Dollars ($3,000) for a total of Eight Thousand Dollars ($8,000) for increased scope of work. 3. All other terms and conditions of the Appraisal Services Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 9665601 Amendment No. 1 Appraisal Services Agreement Curtis Rosenthal, Inc. IN WITNESS THEREFORE, these parties have executed this Amendment on the day and year first set forth above. CITY OF PALM SPRINGS �.� Date: / David H. Ready, Esq., Ph.D., anager ATTF¢T: ' „r� J. APPROVED At TO FORM: Je y S. ling , City Attorney CURTIS David 966560.1 APPROVED BYCITY MANAGER il g� g�OD Date: - , OS.ENTHAL READ E57ATE APPRAISAL �; CCINSULTING CONTRACT FOR SERVICES I. Scope of Work 1. The Client for this assignment is: City of Palm Springs. 2. The Intended User of this report is exclusively The Client stated above. There are no other authorized users of this report. 3. The Intended Use of this assignment is to assist with the sale or lease of the property. 4. The Purpose of this Assignment is to develop an opinion of the Market Value and Lease Value of the Fee Simple estate in the subject property. Market Value is defined in "The Dictionary of Real Estate Appraisal" published by the Appraisal Institute. 5. The Effective Date of Value for this assignment will be a Current Date, based on the date of our last inspection of the subject property. 6. The following are Relevant Characteristics of the Property that is the subject of this assignment: • The subject property is located at 200 S. Civic Center Drive, Palm Springs, CA. • It is described as a commercial/multi-family Property • Appraisal is of Boxing Club, one (1) acre portion of 200 S. Civic Drive with APN 502-210-023; total size of parcel 9.03 acres (The 2-acre portion is rectangular parcel of vacant land at the northwest corner of E. Baristo Road and El Cielo Road). • There are no known unusual conditions related to this assignment. 7. This assignment is subject to the following conditions: • This assignment will conform to the Uniform Standards of Professional Appraisal Practice, and the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. • Curtis -Rosenthal has not performed professional services, including real estate appraisal services, regarding the subject property within the past three years. • This assignment will be subject to the following Client Specific Requirements, Special Limiting Conditions, Extraordinary Assumptions and/or Hypothetical Conditions: None I I. Timing This report is estimated to be completed on or before January 31, 2020. The executed contract and requested information will need to be received by Curtis -Rosenthal, Inc. within 1 week for the estimated delivery date to be effective. Please note that any delay by the Client in providing Curtis -Rosenthal, Inc. with the requested Information specified above, or changes by the Client in the Scope of Work for this assignment, may result in a delay in the report delivery. ���T�. REAL ESTATE APPRAISAL 6 CON23ULTIN13 In. AvalabiGty of Data The Client agrees to provide the following information (if available) to Curtis -Rosenthal, Inc., prior to commencement of this assignment: 1. Title Report (or Preliminary Title if Available) 2. Itemized List and Cost of Improvements Recently Completed by City 3. Architectural Building Plans and Site Plans 4. Legal Description, if no Title Policy or Preliminary Title Report is not available S. Access to the exterior and the interior of the subject property for our inspection. The access contact is as follows: Diana Shay Phone: 760-323-8260 or Marcus Fuller Phone: (760) 322-8380 Curtis -Rosenthal, Inc. will engage licensed appraisers to perform this assignment. There will be an Appraiser or Analyst and a Project Manager working on this assignment. The determination of staffing for this assignment will be at our discretion, and it will occur after execution of this contract. V. Reporting This assignment will be reported in an Appraisal Report format. We will prepare an electronic PDF copy. Bound and printed copies of this report upon its completion may be purchased for $150 per copy. This appraisal report will be addressed and sent to: Address Report to Client: David H. Ready, Esq., Ph.D. City Manager City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Main: (760) 322-8202 Direct: (760) 323-8380 Additional Contacts for Questions: Marcus Fuller Assistant City Manager City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Phone: (760) 322-8380 Marcus.Fuller@palmspringsca.gov CURTIIO-R_OSE LT Q_L,wa. REAL ESTATE APPRAISAL & CONSULTING Diana Shay Redevelopment Coordinator City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Phn: 760-323-8260 Fax: 760-322-8325 email: diana.shav0palmsorinesca.eov VI. Fees and Billing Arrangements The fee for this assignment will be $3,000, including consideration of lease value, in addition to the original fee of $5,000, for a total of $8,000. This fee is based exclusively on our estimate of the time required to complete this assignment. It is in no way connected with any value to be estimated. Please note that any changes by the Client in the Scope of Work for this assignment may result in an increase in the fee. The Client agrees to pay Curtis -Rosenthal, Inc. the fee as follows: • No retainer will be due with this signed contract*. • The balance will be invoiced upon notification that the final report is completed and prior to its delivery* * Please include the Client Name and Pro»ertyAddress when remitting payment. Invoices for this assignment shall be addressed to the Client as follows: David H. Ready, Esq., Ph.D. City Manager City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Main: (760) 322-8202 Direct: (760) 323-8380 Curtis -Rosenthal, Inc. herein shall not be required to give testimony or to attend any public or private hearing in court with reference to the property unless a Supplemental Employment Agreement has been executed. In the event Curtis -Rosenthal, Inc. is subpoenaed or otherwise required to give testimony orto attend any public or private hearing as a result of having prepared this report, The Client agrees to pay Curtis -Rosenthal, Inc. on a portal to portal basis, $525.00 per hour for court preparation (including: phone conferences with clients or attorneys, meetings with attorneys, or preparation of declarations or exhibits), and $600.00 per hour for depositions, hearing attendance or testimony required. The Client further agrees to a four-hour minimum for hearing appearances or depositions. It is further agreed and understood that if any portion of the compensation or costs due to Curtis -Rosenthal, Inc. becomes delinquent, The Client will pay interest thereon at the rate of 12% per annum on said account from the due date until paid, and further agrees to pay all costs of collection thereof, including reasonable attomey's fees, court costs, etc. REAL ESTATE APPRA113AL & CONGULTmt3 In the event that The Client desires to cancel this contract, written notice thereof shall be delivered to Curtis - Rosenthal, Inc., and it is agreed that Curtis -Rosenthal, Inc. shall receive compensation from The Client for all services rendered at the rate of $400.00 per hour (Appraiser), $475 per hour (Manager), or $550 per hour (Principal) for the time actually spent prior to receipt of written notice to stop work, plus all costs advanced in connection with said work prior to receipt of such written notice. All. General Business Terms A. Services — It is understood and agreed that Curtis -Rosenthal, Inc.'s services may include advice and recommendations, but all decisions in connection with the implementation of such advice and recommendations are the responsibility of and made by the Client. B. limits es —The Client agrees that Curtis -Rosenthal, Inc. loyees, affiliates, subsidiaries, parent ent nts and representati not be liable to the Client for any claims, liabilities or expenses relating to th or an aggregate amount in excess of the fees paid by the Client to Curtis -Rosenthal, In ant to this en nt. In no event shall Curtis -Rosenthal, Inc. be liable for consequen ' ,indirect, incidental, punitive or exe damage, or expense relatingto this C. IritllarN Ion — The Client (the "Indemnifying Party") shall indemnify and hold harmless Curtis - Rosenthal, Inc. fficers, employees, affiliates, subsidiarie nt entities, agents and representatives (collectively, the "Indemrn " from and agains ims, actions, liabilities, damages and expenses, including, without limitation, reasonab e s fees, incurred by the Indemnified Party in defending or compromising actions brought or i made agains fed Party by any person or entity arising out of or related to the acts fissions of the Indemnified Party,1 o ees, agents or representatives in connection wi performance or non-performance of duties by the In d Party pursuant to this contra ' uding all amendments hereto. D. Information and Data —Curtis -Rosenthal, Inc. shall be entitled to assume, without independent verification, the accuracy of all representations, assumptions, information and data that the Client and its representatives provide to Curtis -Rosenthal, Inc. All assumptions, representations, information and data to be supplied by the Client and its representatives will be complete and accurate to the best of the Client's knowledge. Curtis - Rosenthal, Inc. may use information and data furnished by others; however, Curtis -Rosenthal, Inc. shall not be responsible for and Curtis -Rosenthal, Inc. shall provide no assurance regarding the accuracy of any such information or data. C URTIS-ROSENTHALaIHC, REAL ESTATE APPRAISAL 6 CONSULTING E. Gient Responsibilities —The Client shall cooperate with Curtis -Rosenthal, Inc. in the performance by Curtis - Rosenthal, Inc. of the Services, including without limitation, providing Curtis -Rosenthal, Inc. with reasonable facilities and timely access to data, information and personnel of the Client. The Client shall be responsible for the performance of its personnel and agents and for the accuracy and completeness of all data and Information provided to Curtis -Rosenthal, Inc. for purposes of the performance by Curtis -Rosenthal, Inc. of the Services. The Client acknowledges and agrees that Curtis -Rosenthal, Inc.'s performance is dependent upon the timely and effective satisfaction of the Client's responsibilities hereunder and timely decisions and approvals of the Client in connection with the Services. Curtis -Rosenthal, Inc. shall be entitled to rely on all decisions and approvals of the Client. The Client shall be solely responsible for, among other things: a) making all management decisions and performing all management functions; b) designating a competent management member to oversee the Services; c) evaluating the adequacy and results of the Services; d) accepting responsibility for the results of the Services; and e) establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities. Accepted and agreed to by: Client —City of Palm Springs By: Title: CURTIS-ROSENTHAL, INC. Date _ 1 January 6, 2020 By: Robert N. Hara date Title: VP -Client Services C1��iI��RI]$E J-1AE�+INc. REAL ESTAT£ APPRAISAL & CONSULTIIJO APPRAISAL SERVICES AGREEMENT Real Estate Appraisal Services- City- ned PropeM with address 200 S Civic Drive 1.99 acre portion ojAPN 502-210-023 Crabs Rosenthal hw. THIS APPRAISAL SERVICES AGREEMENT the ("Aptement") is made this Anok of 2019, (herein referred to as the "Effective Date") by and between the City of Palm Springs, a Cal fomia charter city ("City"), and Curtis Rosenthal, h w- Real Estate Appraisal and Consulting ("Consultant % who agree as follows: 1. ems, Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of CITY the services set forth in Exhibit "A" to this Agreement. As a material inducement to CITY to enter into this Agreement, C multent 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 wo1c. All services provided shall conform to all federal, stale and local laws, mks and regulations and to professional standards and practices. The terms and conditions set forth in this Agreme nt shall control over any terms and conditions in Exhibit "A" to the contrary. 2. Comnerh don and_Irem. 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 (S5,000) 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 if the not to exceed amount is about to be vVeinded. 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. 3. PAVIRMt. 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 aft the approval of the invoice. e. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. a. Cho a Ordees. M 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 amendnhem to this Apwment. 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. & lJoemses. Consultant represents that it and any subcontractors it may engW, possess any and all licenses which are required harder 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 6. Indepeadent . At all tithes during the terms 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 a000mplishes 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 firrnishing 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. ComultaM Not Except as CITY may specify in writing and as set forth in this Agreement, Consultant shall have no authority, express or implied, to act on behalf of CfrY in any capacity whatsoever as an agent Consultant shall have no authority, express or implied, to bind CITY to any obligation whatsoever. g. Agionod or SubconingJa 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 assigninent has had the price written approval of CITY. CITY may terminate this Agreement ratho than accept any proposed assignment or subcontracting. 9. LIMMI Consultant shall maintain during the life of this Agreement professional liability insurance covering arcs and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. Consultant agrees to keep such policy in force and effect for at Iwo 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. Consultant shall also take out and maintain: A. Commercial General Liability Insurarme, of at least $1,000.000 per occarre MW,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; B. Automobile Liability Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident C. Workers' Compensation Insurance in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. The City, its officers, officials, employees, agents, and vokinteers are to be covered as additional insureds on Consultant's Commercial General Liability and Automobile Liability. 10. JhW k dit tasfenee. Time is of the essence in this AgreemenL Consultant shall do all things try and Incidental to the prosecution of Consultant's work. 11. Piodvxb of Come 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 some. CITY may use, reuse or otherwise utilize such products, but only in connection with City's purchase or acquisition of the property that is the subject of the appraisal. IL Temainadm. 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. h sad bmnytim of Records. In accordance with generally accepted accounting principles. Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other Wormation (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 mairhtaln 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 insp� or audit at its offices during normal business hours and upon three (3) days notice from City Manager, and copies thereof shall be finmished if requemi 14. Goverubg law. This Agreement shall be cotnstrued in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. 13. 1049M This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the worth 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. MWee Except as otherwise provided herein, all notices required wader this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party in writing, Notices may be sett by either facsimile or U.S. Mail. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by facsimile shall be deemed received on the date of the facsimile transmission. TO: "CONSULTANT" TO: "CITY" David Rosenthal, Principal David IL Ready, Esq., Ph. D, City Manager Curtis Rosenthal, Inc. City of Palm Springs 9300 Utica Avenue, Suite 173 3200 E. Tahquitz Canyon Way Rancho Cucamonga, CA 91730 Palm Springs, CA 92262 IN WITNESS of this Agrement, the parties have entered into this Aft as of the year and day first above written. "CONSULTANT" "CITY" CURTIS ROSRNTHAI, INC- CITY OF PALM SPRINGS By: David Rosenthal. Primipal David H. Ready. l"ssq., ce ApMMbYCMMk'MER EXHIBIT "A" SCOPE OF SERVICES Thank you Randy. The email correspondence below will be included with your appraisal services agreement. From: Randall Blaesi <rblaesi@curtisrosenthal.com> Sent: Monday, September 9, 201912:28 PM To: Diana Shay <Diana.Shay@pal msorinasca.aov>; Joe Villegas<ivilleaas(cbcurtisrosenthal.com>; Robert Hara <rhara@curtisrosenthal.com> Cc: Jay Virata <Jay.Virata@oalmsorinasca.aov> Subject: Re: Request for Fee Proposal and Schedule for Appraisal Services - Portion of APN 502-210-023 Donna, As per our phone call, the fee will be $5,DO0 and the estimated delivery is 3 to 4 weeks. Please let me know if you have any questions. Sincerely, Randy Randall Blaesl, ASA, MRICS Director, Appraisal & Litigation Consulting CURTIS-ROSENTHAL, Inc. Inland Empire Office 8300 Utica Avenue, Suite 173 Rancho Cucamonga, CA 91730 909-736-7675 direct 818-617-1088 cell 310-215-0482 main rblaesi@curtisrosenthal.com www,curtisrosenthal.com CURTI5i-R OSENTHAL.,INC. toA4,iaY�76 'ta 61A�1, a6 L-QlISf Ul.il loran providing valuation solutions since 1983 From: Diana Shay <Diana.Shay@palmsprinesca.eov> Sent: Monday, September 9, 201912:08 PM To: Randall Blaesi <rblaesWcurtisrosenthal.com>; Joe Villegas <ivii Ilegas@curtisrosenthal.com>; Robert Hara <rhara@curtisrosenthal.com> Cc: Jay Virata <Jay.Virata@palmspringsca.ROV> Subject: Request for Fee Proposal and Schedule for Appraisal Services - Portion of APN 502-210-023 Good Afternoon Randy, Following up on the City's Request for Proposals dated July 25, 2019 and your response, the City would like to engage your services for this work. Some updates to scope of work follow; please respond with fee proposal and schedule for this assignment as described below. The City of Palm Springs is in need of appraisal services of a City -owned property for the purpose of potential sale or lease of the property. A description of the property is as follows: Two (2) acre portion of 200 S. Civic Drive with APN 502-210-023; total size of parcel 9.03 acres (2 acre portion is rectangular parcel of vacant land at the northwest comer of E. Baristo Road and El Cielo Road). The graphic illustration below provides further description and details of the property. (shown as "Site C" below) Please determine the fee simple market value, based on the highest and best use, with the understanding that through legal survey and sale of the 2 acre portion a new parcel will be created subdividing the larger 9.03 acre parcel. In addition, please appraise the land lease value of the 2 acre portion in the event that the City leases out the land rather than selling. Site C (2 acres, portion of site) SOPd&M MSCIVICWP" CAM PMO *.ram sr AM NW �nJ PA s"SPR aS 0"2 O.nei M*M PO W 21QFAW SPR S CA 912p 9A3ACIDSKOPUSUS2 Lfoom PYDltI0l1 N IM W dUm YO M eignAn DOWAnUk lotAmVai 393AS1j9.03ACRES) lot k" (C* : 4013n 51 P23 ACRES) Z0109 CB Please respond to this email with your fee proposal and schedule to complete this assignment. Once I receive this response, it will be included as an exhibit to the Agreement. I will forward the agreement to you to execute. If you have any questions or concerns, don't hesitate to contact me. Thank you and looking forward to working with you. 2)ta" Shy Redevelopment Coordinator City of Palm Springs 320o E. Tahquitz Canyon Way Palm Springs, CA 92z62 Phn: 760-323-826o Fax: 760-322-8325 email: diana.shay@oalmspringsca.gov Palm Springs City Hall Hours: Monday -Thursday 8 00 a.m. to 6:00 p.m. Please consider the environment before printing this email • CURTINC-01 ftV3y 1 IRULEY '44CCERTIFICATE OF LIABILITY INSURANCE `-� DATE 101281201 YY) 10/28/2019 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 License # 0814758 Hoffman Brown Company 5000 Van Nuys Blvd. 6th Floor Sherman Oaks, CA 91403 CONTACT PHONE (A/C, No, Ext : (818) 986-8200 (AX Al.,No :(818) 986-8510 ED AIL SS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Casualty Ins Co of America 19046 INSURED Curtis -Rosenthal, Inc. 5901 W. Century Blvd. Suite#1230 Los Angeles, CA 90045 INSURER B : Travelers Property Casualty Insurance Company of America 25674 INSURER C:Oak River Insurance Company 34630 INSURER D: Evanston Insurance Co. 135378 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPI-TR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ] OCCUR X 6805DO84721 8/16/2019 8/16/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE TEMISESOR(EaENED occurrence)$ 1,000,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENT X AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO LOC JECT GENERAL AGGREGATE $ 4,000,000 PRODUCTS 4,000,000 $ SEE REMARKS $ OTHER: A AUTOMOBILE LIABILITY COMMA aED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ ANY AUTO 6805DO84721 8/16/2019 8/16/2020 OWNED SCHEDULED AUTOS ONLY AUTOS BODILYBODILY INJURY Per accident $ X Pe�accidentDAMAGE $ AUTOD ONLY X AUOTOS ONLY B X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 HCLAIMS-MADE AGGREGATE $ 2,000,000 EXCESS LIAB CUP5D260339 8/16/2019 8/16/2020 DED I X I RETENTION$ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN pFFICER/MEMBER EXCLUDED? �Y IMandatory In NH) N / A X CUWC034860 8/2/2019 8/2/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,000,000 $ D Errors & Omissions MKLV5PE0000095 11/6/2019 11/6/2020 Per Claim 1,000,000 D Errors & Omissions MKLV5PE0000095 11/6/2019 11/6/2020 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) WARNING: Additional Insured status only valid if required by written contract executed prior to the loss. Coverage is limited as per policy terms and conditions. Errors & Omissions Deductible $5,000 Where required by written contract, The City of Palm Springs, its officials, employees and agents are included as Additional Insureds only as respects to General Liability as per form CG D1 05 04 94, attached. Waiver of Subrogation on the Workers Compensation policy in favor of City, its elected officials, SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION iZtT1J Xlt`) 3HI �0 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE (; •6 bV9 01 83ffWCORDANCE E EXPIRATION DATE THEREOF, WITH THE POLICY P OVIS ONSCE WILL BE DELIVERED IN City Springs SON►"S WIv d A0 Ci of Palms S rims 3200 E. Tahquitz Canyon Way Q3 A1337 bPalm Springs. CA 92262 Iku'` IZED REPRESENTATIVE n .c. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CURTING-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE JRULEY Page 1 of 1 AGENCY Hoffman Brown Company License # 0814758 NAMED INSURED Curtis -Rosenthal Inc. 5901 W. Century Blvd. Suite #1230 Los Angeles, CA 90045 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 AUUI I IUIVAL KtIV1AKIlJ FIS DDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: officers, employees, agents and volunteers as per form # WC 990410C, attached. Primary/Non-Contributory applies onto the General Liability as per form CG TI 00 02 19, attached. RE: 200 S. Civic Drive with APN 502-210-023 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 350.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/02/2019 Policy No.: CUWC034860 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by WC990410C (Ed. 01-19) COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: 6805DO84721 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. APPRAISAL SERVICES AGREEMENT Real Estate Appraisal Services- City -Owned Property with address 200 S. Civic Drive 1.99 acre portion of APN 502-210-023 Curtis Rosenthal Inc. HIS APPRAISAL SERVICES AGREEMENT the ("Agreement") is made this IL5ty of 2019, (herein referred to as the "Effective Date") by and between the City of Palm Springs, a California charter city ("City"), and Curtis Rosenthal, Inc. Real Estate Appraisal and Consulting ("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 services set forth 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. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary. 2. Compensation and Fees. 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 if the not to exceed amount is about to be expended. 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. 3. Payment. 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. 4. Chanee Orders. 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. 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. 6. Independent Contractor. At all times during the terms 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. Consultant Not Agent. Except as CITY may specify in writing and as set forth in this Agreement, Consultant shall have no authority, express or 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. Assignment or 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 professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. 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. Consultant shall also take out and maintain: A. 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; B. Automobile Liability Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident; C. Workers' Compensation Insurance in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Consultant's Commercial General Liability and Automobile Liability. 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 utilize such products, but only in connection with City's purchase or acquisition 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 Inspection of 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. 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. 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. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party in writing. Notices may be sent by either facsimile or U.S. Mail. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by facsimile shall be deemed received on the date of the facsimile transmission. TO: "CONSULTANT" TO: "CITY" David Rosenthal, Principal David H. Ready, Esq., Ph. D, City Manager Curtis Rosenthal, Inc. City of Palm Springs 8300 Utica Avenue, Suite 173 3200 E. Tahquitz Canyon Way Rancho Cucamonga, CA 91730 Palm Springs, CA 92262 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" CURTIS ROSENTHAL, INC. CITY OF PALM SPRINGS By: David Rosenthal, Principal David H. Ready, Esq., P ity Manager 4 TTEST: y Cferk APPROVED BY Cl3Y MMI IGER � 100 EXHIBIT "A" SCOPE OF SERVICES Thank you Randy. The email correspondence below will be included with your appraisal services agreement. From: Randall Blaesi <rblaesi@curtisrosenthal.com> Sent: Monday, September 9, 2019 12:28 PM To: Diana Shay <Diana.Shav@palmspringsca.gov>; Joe Villegas <ivillegas@curtisrosenthal.com>; Robert Hara <rhara@curtisrosenthal.com> Cc: Jay Virata <Jay.Virata@palmspringsca.gov> Subject: Re: Request for Fee Proposal and Schedule for Appraisal Services - Portion of APN 502-210-023 Donna, As per our phone call, the fee will be $5,000 and the estimated delivery is 3 to 4 weeks. Please let me know if you have any questions. Sincerely, Randy Randall Blaesl, ASA, MRICS Director, Appraisal & Litigation Consulting CURT&ROSENTHAL, Inc. Inland Empire Office 8300 Utica Avenue, Suite 173 Rancho Cucamonga, CA 91730 909-736-7675 direct 818-617-1088 cell 310-215-0482 main rblaesi@curtisrosenthal.com www.curtisrosenthal.com "Affc DSENTHAL, INc. providing valuation solutions since 1983 From: Diana Shay <Diana.Shay@palmsprinesca.sov> Sent: Monday, September 9, 2019 12:08 PM To: Randall Blaesi <rblaesi@curtisrosenthal.com>; Joe Villegas <ivillegas@curtisrosenthal.com>; Robert Hara <rhara@curtisrosenthal.com> Cc: Jay Virata <Jay.Virata@Palmsgringsca.gov> Subject: Request for Fee Proposal and Schedule for Appraisal Services - Portion of APN 502-210-023 Good Afternoon Randy, Following up on the City's Request for Proposals dated July 25, 2019 and your response, the City would like to engage your services for this work. Some updates to scope of work follow; please respond with fee proposal and schedule for this assignment as described below. The City of Palm Springs is in need of appraisal services of a City -owned property for the purpose of potential sale or lease of the property. A description of the property is as follows: Two (2) acre portion of 200 S. Civic Drive with APN 502-210-023; total size of parcel 9.03 acres (2 acre portion is rectangular parcel of vacant land at the northwest corner of E. Baristo Road and El Cielo Road). The graphic illustration below provides further description and details of the property. (shown as "Site C" below) Please determine the fee simple market value, based on the highest and best use, with the understanding that through legal survey and sale of the 2 acre portion a new parcel will be created subdividing the larger 9.03 acre parcel. In addition, please appraise the land lease value of the 2 acre portion in the event that the City leases out the land rather than selling. pr' S0 Addrzss Site C (2 acres, portion of site) 200 S CIK OR PALM SPRINGS, CA 91162 502110-023 CITY OF PALM SPRINGS Caner Address PO BOX 2743 PALM SPRINGS, CA 92263 LegalOem 9.03ACRES MILINPARS C,0&2 PM MM7 P6f 15576 No of Units Yearaud &chdng Area Data Not Avabl& Udnglot Ratio Lot Area (Assn ) 393A SF (9.03 ACRES) LotkeatiC.*) 401-19SFP23ACRES] TGrL,9 CU Please respond to this email with your fee proposal and schedule to complete this assignment. Once I receive this response, it will be included as an exhibit to the Agreement. I will forward the agreement to you to execute. If you have any questions or concerns, don't hesitate to contact me. Thank you and looking forward to working with you. Dta4wti S-7 Redevelopment Coordinator City of Palm Springs 32oo E. Tahquitz Canyon Way Palm Springs, CA 92262 Phn: 760-323-826o Fax: 760-322-8325 email: diana.shay(a.palmspringsca joy Palm Springs City Hall Hours: Monday -Thursday 8:00 a.m. to 6:00 p.m. Please consider the environment before printing this email