HomeMy WebLinkAbout9/20/2000 - STAFF REPORTS (3) DATE: September 20, 2000
TO: City Council
FROM: Assistant City Manager-Special Projects
PHASE II PROPERTY ACQUISITION - RUNWAY PROTECTION ZONE/NOISE
RECOMMENDATION:
It is recommended that City Council approve agreements and/or amendments to
existing agreements with two appraisal firms and a relocation specialist for the
Airport's Phase II property acquisition program.
BACKGROUND:
As part of the Airport's Master Plan and Noise Study efforts, residential property at
both ends of the Airport were found to be located in the Runway Protection Zone
(RPZ) and the 65 db CNEL noise contour. As part of the noise mitigation program,
the FAA has funded the acquisition of the properties. The Airport is very close to
completing the acquisition of the parcels north of the Airport and now seeks to
proceed on the southerly parcels.
To the south of the Airport, staff and City Attorney have been working for sometime
to acquire properties or easements from Sungold and closure on those acquisitions
appears close. In addition to those parcels, there are four other properties as follow:
(See attached drawing.)
Parcel 6 4-plex - acquire & demolish
Parcel 11 2 duplexes - acquire easement
Lot 5 Single family - acquire easement
Lot 6 Single family - acquire & demolish
Parcel 11 and Lot 5 were originally shown as a complete acquisition and demolition;
however, staff has demonstrated to the FAA that easements without demolition will
meet the regulatory intent of the RPZ program.
The acquisitions require an appraisal, an appraisal review, and relocation assistance
consultants. The consultants recommended are Dozier Appraisal Company for the
appraisals; Mackenzie & Associates for the appraisal reviews and Overland
Associates for relocation assistance. A cost breakdown is as follows:
Dozier $14,500
Mackenzie 4,500
Overland 39,160
TOTAL 58160
Phase II Property Acquisition - Runway Protection Zone/Noise
September 20, 2000
Page Two
Funds forthis program are available in the Airport federally funded acquisition account
415-6600-56042, Three Minute Orders are attached as follows:
1. Dozier Appraisal Company - approving a contract
2. MacKenzie Associates - approving an amendment to the contract
3. Overland Associates - approving an amendment to their contract
AL F. wbOT�AAE
Assistant City Manager- Special Projects
APPROV��� ��
City Manager
ATTACHMENTS:
1. (3) Minute Orders
2. Map
REYIEM BY 01R OF FINANCE
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C. DE CARWS \
REAL ESTATE APPRAISAL CONTRACT
THIS CONTRACT, made and entered into this day of
2000, by and between PALM SPRINGS INTERNATIONAL AIRPORT (hereinafter referred
to as the "Airport") and the real estate appraiser DOZIER APPRAISAL COMPANY,
(hereinafter referred to as the"Contractor"). In the event the Contractor is a partnership, firm
or corporation, the services to be rendered under this contract will be performed by the
following designated appraisers whose qualifications are approved and on record with the
Airport owner and are employees or associates of the Contractor in the performance of this
contract.
NAME ADDRESS
Raymond L. Dozier, MAI Dozier Appraisal Company
73255 El Paseo, Suite 17
Palm Desert, California 92260
WITNESSETH
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. The Contractor shall furnish to the Airport a written professional opinion,
adequately supported and documented, of the fair market value of certain
parcels of real estate, or designated parts thereof, on all parcels listed below
under paragraph 2, on FAA project number AIP 21, in Palm Springs,
California,and, as required by the Airport,the Contractor shall appear in court
or before court appointed commissioners as an expert witness on behalf of the
Airport to testify with respect to the opinion of the fair market value of each
parcel appraised.
2. (a) For and in consideration of services in furnishing said appraisals, the
Contractor shall be paid for each parcel the sum set forth as follows:
Parcel 'Number Amount
For Phase II:
680-072-006 $ 3,500
680-073-005 $ 2,000
680-073-006 $4,500
680-073-003 $ 4,500
Total $14,500
(b) For appearances in court or before court appointed commissioners,or
for appearances at conferences prior to trial or for the purpose of the
taking of depositions on behalf of the Airport, the Contractor shall be
paid at the rate of Two Hundred and Fifty Dollars ($250.00) per hour.
Such rate of payment shall include all expenses incurred in rendering
such services.
In the event the scope and character of the work as provided herein
is materially changed beyond the Phase II parcels listed above due to
substantially revised plans or additional work is required by theAirport,
the Contractor agrees to furnish the required revisions or supplements
2AV
and to perform the additional work requested by the Airport in excess
of that set forth in the contract, for a sum to be agreed upon by the
parties.
(c) Statements by the Contractor for payment for the aforesaid services
shall be itemized and submitted to the Airport.
3. The Contractor shall begin work on Phase II not later than the 1"day of
October2000,and shall fully completethe appraisals and furnish tothe Airport
three (3) copies of such appraisal within thirty (30) days after having been
notified of the approval of this contract. It is fully understood and agreed that
in the event the Contractor shall fail to perform the work within the time herein
provided, the Airport may, at its sole option, consider the services of the said
Contractor terminated,and, upon written notice thereof by certified mail to the
Contractor of such termination, shall not be liable for paymentfor appraisals
submitted after the date; provided, however, that upon application by the
Contractor, the Airport in the event of extenuating circumstances, may,in its
discretion, expressly grant in writing an extension of time to the Contractor.
4. An appraisal for each parcel contracted for in this agreement shall be
submitted on either the forms provided or as a complete narrative type of
appraisal provided it complies with current Federal Aviation Administration
appraisal procedures as set forth in Order 5100.37, Land Acquisition and
Relocation Assistance For Airport Projects, 49 CFR Part 24.
5. Comparable sales data that is furnished to the Contractor or is made available
to it by the Airport, if any, shall be personally checked and verified by the
Contractor as to accuracy and completeness.
6. (a) The Airport shall have the right to terminate this contract with regard
to any or all services provided for herein in the event of change sin
Airport plans which obviate the necessity of any such appraisal which
may be involved. Such termination shall be given by the Airport to the
Contractor by written notice by certified mail to the last known address
of the Contractor. In such event, the Airport will be liable to the
Contractor for only those services which have been rendered prior to
the date of mailing of such notice.
(b) In the event of the termination of any or all of the work provided for
under this contract, the Contractor shall be paid a proportionate part
of the fee provided for with regard to the particular parcels terminated
in proportion to the work and services actually completed on the parcel
or parcels involved as of the date of termination.
(c) Upon termination of this contract, or any part thereof, for any reason
provided for herein, any and all work actually performed by the
Contractor shall become the property of the Airport.
7. This contract may be supplemented in the event the scope and character of
the work as provided for herein is materially changed due to substantially
revised plans or additional work as may be required by the Airport. In such
event,the supplemental contract covering only such revisions or changes as
agreed upon by the Contractor and the Airport shall provide for equitable
420
adjustments regarding the time of performance including such appropriate
increase or decrease in the amount of compensation as was provided for in
the basic contract.
8. The Contractor warrants that no company or person has been employed or
retained, other than a bona fide employee working solely for the Contractor,
to solicit or secure this agreement, and that no payment or an agreement has
been made to pay any company, firm or person, other than a bona fide
employee working solely for the Contractor to pay any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon
or resulting from the award or making of this agreement. For breach or
violation of this warranty, the Airport shall have the right to annul this
agreement without liability.
9. Any dispute concerning a question of fact in connection with the work
hereunder which is not otherwise disposed of by this agreement, shall be
decided by the Airport, subject only to an appropriate appeal to the court.
10. The Contractor agrees to indemnify and save harmless the Airport, itsofficers,
agents, and employees from any and all claims and losses occurring or
resulting to any and all persons, firms, or corporations furnishing work,
services, materials, or supplies in connection with the performance of this
contract, and from any and all claims and losses occurring or resulting to any
person,firm,or corporation who may be injured or damaged by the Contractor
in the performance of this contract.
11. The parties hereto agree that the Contractor, and any agents and employees
of the Contractor, in the performance of this agreement, shall act in an
independent capacity and not as officers,employees, or agents of the Airport.
12. This agreement is not assignable by the Contractor, either in whole or in part
and no portion of the work may be sublet or transferred to any other person
or persons without prior written approval of the Airport.
13. The Contractor shall comply with all Federal, State, and local laws and
ordinances applicable to the work.
14. The Contractor shall execute for each parcel a Certificate of Appraiser, that
complies to FAA Form 5100-111, as from time to time may thereafter be
revised.
15. It is mutually understood and agreed that no alteration or variation of the terms
of this contract shall be valid unless made in writing and signed by the parties
hereto, and that no oral understanding or agreement not incorporated herein,
nor any alteration or variation of the terms hereof, unless made in writing
between the parties hereto, shall be binding on any of the parties hereto.
16. All information contained in the appraisal, and all parts thereof, are to be
treated as a privileged communication. The Contractor shall take all
necessary steps to ensure that there will not be any information divulged
concerning the appraisal except to a duly authorized representative of the
Airport or a duly authorized representative of the Federal Aviation
Administration, or as otherwise required by court order.
a� �
17. The Contractor agrees that during the performance of this contract, equal
employment opportunities shall be provided for all qualified persons and that
there shall not be any discrimination against any employee or applicant
because of race, color, sex, religion, or national origin. The Contractor and
associated subContractors shall comply with the Civil Rights Act of 1964 and
with Executive Order No. 11246, dated September 24, 1965, or with such
other executive orders and statues concerning nondiscrimination which may
from time to time hereafter, be promulgated.
18. During the performance of this contract, for itself, its assignees and
successors in interest, the Contractor, agrees as follows:
(a) Compliance With Regulations: The Contractor will comply with the
regulations of the Department of Transportation relative to
nondiscrimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the regulations) which are herein
incorporated by reference and made a part of this contract.
(b) Nondiscrimination:The Contractor,with regard to the work performed
by it after award and prior to completion of the contract work, will not
discriminate on the grounds of race, color, sex,or national origin in the
selection and retention of subContractors, including procurements of
materials and leases of equipment. The Contractor will not participate
either directly or indirectly in the discrimination prohibited by Section
21.5 of the regulations, including employment practices when the
contract covers a program set forth in Appendix B of the regulations.
(c) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subContractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this contract and the regulations
relative to nondiscrimination on the grounds of race, color, sex, or
national origin.
(d) Information and Reports: The Contractor will provide all information
and reports required by the regulations, or orders and instructions
issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the Airport or the Federal Aviation Administration to be
pertinent to ascertain compliance with such regulations, orders, and
instructions. Where any information required of a Contractor is in the
exclusive possession another who fails or refuses to furnish this
information,the Contractorshall so certify to the Airport or the Federal
Aviation Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
(e) Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract,
the Airport shall impose such contract sanctions as it or the Federal
;tA7
Aviation Administration may determine to be appropriate, including, but
not limited to:
(1) Withholding of payments to the Contractor under the contract
until the Contractor complies,
(2) Cancellation, termination, or suspension of the contract, in
whole or part.
(f) Incorporation of Provisions: The Contractor will include the provisions
of paragraphs (1) through (6) in every subcontract, including
procurements of materials and leases of equipment,unless exempt by
the regulations, order or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or
procurement as the Airport or the Federal Aviation Administration may
direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a
subContractor or supplier as a result of such direction,the Contractor
may request the Airport to enter into such litigation to protect the
interests of the Airport,and in addition,the Contractor may request the
United States to enter into such litigation to protect the interests of the
United States.
19. It is agreed by and between the parties hereto that in the performance of the
terms, conditions, and provisions of this contract by the Contractor that time
is of the essence.
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
(a) Policy. It is the policy of the Department of Transportation (DOT) that
DBE business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirement of 49 CFR Part 23 apply to this
Agreement.
(b) DBE Obligation. The Contractor agrees to ensure that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds provided under this
agreement. In this regard, all Contractor shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to
competefor and perform contracts. Contractors shall not discriminate
on the basis or race, color, national origin, or sex in the award and
performance of DOT-assisted contracts.
21. MISCELLANEOUS PROVISIONS
(a) Non-liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City
dtAI
or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this
Agreement.
(b) Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any
such officer or employee participate in any decision relating to the
agreement which effects his financial interestor the financial interest
of any corporation, partnership or association in which he is, directly
or indirectly, interested, in violation of any State statue or regulation.
The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining
this Agreement.
(c) Notice. Any notice, demand, request, document, consent, approval,
or communication either party desires or is required to give to the other
party of any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case ofthe City,
to the City Manager and to the Assistant City Manager-Special
Projects, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs,
California 92263, and in the case of the Contractor, to the person
designated on the execution page of this Agreement.
(d) Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be
construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise
apply.
(e) Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and
this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
(f) Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not
affect any of the remaining portions of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of
their bargain or renders this Agreement meaningless.
(g) Waiver. No delay or omission in the exercise of any right or remedy
by a nondefaulting party on any default shall impair such right or
remedy or be construed as a waiver. A party's consent to or approval
of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either
party of any default must be in writing and shall not be a waiver of any
42R f
other default concerning the same or any other provision of this
Agreement.
(h) Attorneys'Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way
connected with this agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's
fees, whether or not the matter proceeds to judgment.
(i) Corporate Authority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this
Agreement, and (iv)the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this agreement
as of the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney NTRA
(Check one: ! individual,
ROBIN HARDING hipcor oration)
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Signature
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Address: 73 0 3 T2 T�SQ5J,
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(Corporations require two signatures;one from each of the following:A:Chairman
of Board,President,any Vice President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer).
End of Signatures
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Dale Name aid The of ORcer(e Jane Doe,Notary ub c")
personally appeared RWMm26A L lilt
Name(s)of Signer(a) ;1
%personally known to me
❑ proved to me on the basis of satisfactory
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to be the personO whose name(j) is/are
subscribed to the within instrument and
ROBIN HARDING 'I
acknowledged to me that he/she/t7a®y executed
Commision S 1243682
the same in hisJher-/weir authorized
Notary Public-California �
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WITNESS my hand and official seal.
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Place Notary Seal Above Signature of Notary Public ')
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OPTIONAL
f Though the information below is not required by law, it may prove valuable to persons relying on the document �I
and could prevent fraudulent removal and reattachment of this form to another document
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Description of Attached ocu ent n _
Title or Type of Document: 4C1�f�� y� I Y I/�nAVI(
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Document Date: Number of Pages:
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Signer Is Representing:
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01997 National Notary Association•9350 De Soto Ave,P0.Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Reorder Call ToIII 1-800-876-6827
41A'/
AMENDMENT NO. 2
AGREEMENT NO. 3777, APPRAISAL REVIEW SERVICES
THIS SECOND AMENDMENT to Agreement No. 3777 for Contract Services, (herein
"Agreement")made and entered into on the day of 12000,by and
between the CITY OF PALM SPRINGS(herein"City")and MACKENZIE ANDASSOCIATES,
(herein "Contractor") is hereby effective as dated above, as follows:
Section 2 is hereby amended to reflect following appraisal review activity:
Parcels 680-072-006 680-073-005
680-073-006 680-073-003
Project fees for the review of the appraisals for the four(4) listed parcels shall
be $4500.
Appraisal review shall be as per the requirements of"FAA Order 5100.37A Section
4. Review of Appraisals," copy attached as Exhibit "A" to this Amendment.
Section 5 is hereby amended to extend Term to March 31, 2001.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement
as of the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney
CONTRACTOR:
/(/I,A-Qe/l u 1 1),5 i.0 Ag C
(Check One: individual, partnership,
corporation)
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(NOTARIZED) By:
Signat -
,, Nicholas S. Singer Print Name and Title
U Comm.#1161359
• • NOTARY PUBLIC CALIFORNIAMn . . I
RIVERSIDE COUNT
Comm.Exp.IDE 2 10 001 1
(NOTARIZED) By: A r
Signature
r9,, Nicholas S. Singers Print Name and Title
t) Comm.#1161359
(7 N�m NOTARY PUBLIC CALIFORNIAu/
r , F RIVERSIDE COUNTY 0 Mailing Address: C/// 0/`
6! Comm Exp,Nov 10 2001 -�
(Corporations require two signatures;one from each of the following:A. Chairman of Board,
President,any Vice President;AND B. Secretary, Assistant Secretary,Treasurer
Assistant Treasurer,or Chief Financial officer).
End of Signatures
2R/3
EXq►t3iT �P�"
5100.37A 4/4194
SECTION 4. REVIEW OF'APPRAISALS
2-31. RESPONSIBILITY OF THE AIRPORT (6) To assure that, on a project basis, the val-
OWNER: It is the responsibility of the airport owner ues reported ire consistent and uniform. The use of a
to have all appraisals and specialty valuations of real project map is recommended.
property to .be.acquired in connection with federally 2-34. 'ESTIMATE OF JUST COMPENSATION
assisted airport projects, reviewed, and to establish an BY REVIEWING APPRAISER The airport
amount that it believes to be just ,compensation for airpo owner
such acquisitions before the initiation of 'negotiations shall employ a qualified reviewing appraiser who will
or the exercise of the power of eminent domain. Pay- recommend the amount of just compensation to be of-
merit of the appraisal fee should be dependent upon ac- fered an owner for the acquisition of real property. In
ceptance of the appraisal by the review appraiser. In recommending the amount of just compensation to be
addition, Federal participation will be withheld on ap- offered an owner, the reviewing appraiser shall con-
praisals hot meeting criteria set forth in this Order. The sider all pertinent value information that is available.
airport owner is encouraged to submit questionable and . On the basis of additional.value information that may
complex appraisals and review appraisals to the FAA subsequently become available, the reviewing appraiser
for review and comment, and technical assistance on may, at any time prior to settlement, adjust-the esti-
acceptable appraisal practices for FAA programs and mate of just compensation. In no instance shall the ap-
projects. proved just compensation be less than an approved ap-
praisal of the market value of the property, taking into
2-32. EMPLOYMENT OF CONTRACT REVIEW account the value of allowable damages or benefits to
APPRAISER. When the airport owner intends to use any remaining property. All estimates by a reviewing
a contract (fee) review appraiser for.the review fune- appraiser are to be documented and retained as a part
lion, a contract agreement must be executed. An exam- of the project or parcel files.
ple'of an acceptable contract format is FAA Form
5100-121, Real Estate Appraisal Review Contract. 2.35. APPRAISAL REVIEW. A qualified review-
Such contract agreement shall contain, as a minimum, ing appraiser shall examine all appraisals to assure that
the same provisions and clauses listed in paragraph 2. they meet applicable appraisal requirements and shall,
15: prior to acceptance, seek necessary corrections or revi-
sions. Procedures for reviewing real estate appraisals
shall be as follows:
appraisal review is the culmination of the appraisal
process. The intent of the review is to ultimately a. The reviewing appraiser will field inspect the
produce an adequate appraisal and the estimate of just property appraised and the comparable sales consid-
compensation for the proposed acquisition. ered by the appraiser(s) in arriving at either or both,
as appropriate,' the fair market value .of the whole
a. The review function shall provide: property and,of the.remainder(s). If a field inspection
(1) A critical analysis of the appraisal process is not made, the file shall contain the reason that such
reflected in the written appraisal; inspection was not made.
(2) A method of establishing the quality and b. The reviewing appraiser will examine the
creditability of the appraiser; and appraisal(s) to determine that they:
(3) The producing of a supported rec- (1) Are complete in accordance with para-
ommendation for the offer of just compensation. graph 2-21.
b. The review appraiser will review the ap- (2) Follow accepted appraisal principles and
praisal: techniques in the valuation of real property in accord-
(1) For technical compliance with FAA stand- ante with existing state law.
ands; (3) Contain or make reference to the informa-
(2) For use of property appraisal techniques; tion necessary to explain, substantiate, and thereby
(3) For use of correct legal assumptions; document the conclusions and estimates of value and/'
or just compensation identified therein:
cor-
rect; (4) To ensure that the data presented is tor- (4) Include consideration of compensable
items, damages, and benefits, but do not include com-
(5) To scrutinize each approach for reasonable pensption for items, damages, and benefits
support and documentation; and noncompensable under state law.
2-10
��'� Par 9-lv
n. .
4/4/94
5100.37A
(5) Contain an identification or listing of (3) Dissecting appraisals submitted on a par-
buildings,,structures, and other improvements on the', cel by adding parts of one appraisal to pans of another
r;.:•:; .land as well as fixtures which the appraiser(s) consid- to come up with the fair market value estimate. As
ered to be a part of the real property to.be acquired, stated in (2) above, the reviewer must approve the
including a separate valuation for the.specialty items. value estimate from one appraisal only.
(6) Contain the estimated fair markei value (4) Revising an appraisal in any way that
for or resulting from the acquisition and, where appro- would change the appraiser's premise, thereby chang-
priate in the case of a partial acquisition, either in the ing the value estimate. Examples of this would be
appraisal or in a separate statement, a reasonable allo- changing the highest and best use determination, revis-
cation of the estimate of the fair market value for the ing theproperty interest that is being appraised, revis-
real property acquired and for damages to remaining ing the correlation by placing emphasis on another ap-
real property. proach to valuation, altering the amounts designated as
c. Prior to finalizing the estimate of just com- benefits or damages, etc.
pensation, the reviewing appraiser will request and ob-
tain corrections or revisions of the appraisal(s) that do (5) Changing the data used in the various ap-
not substantially meet the requirements set forth in proaches to value such as substituting different
paragraph 2-21. These will be documented and re- comparables or altering adjustments when comparing
rained in the parcel.frle. comparable properties to the subject property, altering
unit costs or rates of depreciation in the cost approach,
d. The reviewing appraiser may supplement an and revising the vacancy rate, expense statement, and
appraisal with corrections of minor mathematical errors capitalization rate in the income approach. A review
where such errors do not affect the final value conclu- appraiser is expected to be fully apprised of all com-
sion, but is prohibited from correcting major defi- parable sales in the project area. If the review ap-
ciencies. A supplement may also be made to an ap- praiser is knowledgeable of sales that are not included
praisal where the following factual data have been in the appraisal being reviewed or such sales have not
omitted:
_been considered by the real estate appraiser in prepar-
(1) Owner(s) and/or tenant(s) names. ing the appraisal, these sales should then be brought to
(2) Parties to transaction, date of purchase, the appraiser's attention.
and deed book reference on sale of subject property.. g. As a last resort, if the reviewing appraiser is
(3) Statement that there was no sale of subject unable to recommend approval of an appraisal as an
property in the past five (5) years. adequate basis for the establishment of the offer of just
(4) Location, zoning, or'present use of subject compensation, and it is determined that it is not prac-
property or comparables. Zoning can be added only deal to obtain an additional appraisal, the reviewing
when the property appraiser may an
appraisal documentation that
p perry is zoned,the same as its present use. conforms to paragraph 2-21 b rovidin sufficient in-
If the zoning and present. use differ, the appraisal y p g
formation to support an independent recommended should then be returned to the appraiser for further
documentation, conclusion of value. This would then be considered the
approved appraisal, without going through another re-
e. The reviewing appraiser will initial and date view process.
the corrections and/or factual data supplements to an
appraisal. It. The review appraiser shall make a
rec-ommendation of a single conclusion of value, and shall
f. When a major correction or revision is nec- not utilize a "range" of values.
essary, the review appraiser shall return an appraisal to
the appraiser to make the necessary corrections. A re- I. The review appraiser shall place in the parcel
viewing appraiser is prohibited from: file a signed and dated statement setting forth:
(1) Making changes in any unit value; i.e., (1) The estimate of just compensation includ-
i changing an acre or square foot value on the land ing, where appropriate, the following applicable items:
being appraised: This restriction also pertains to im-
provements that may be on the property. (a) An allocation of any separately held in-
(2) Averaging the value estimates of two or terests by tenants or others;
more appraisals-that have been submitted on a parcel. (b) A separate allocation of compensation
The reviewer must approve the fair market value esti- to land and to buildings for the real property acquired,
mate from one appraisal only and cannot approve a for fixtures, if applicable, and for damages or benefit
value estimate based on an average. to remaining real property: and 2 A hr
l
5100.37A 414194
(c) An identification or listing of the build- b. Before distribution to the appraisers, the re-
ings, structures, and other improvements on the land, view appraiser or other specialist will examine the spe-
including fixtures considered to be part of the real cialty appraisal(s) to determine that they:
r ; property to be acquired, if such allocation or listing (1) Are complete in accordance with the re-
;; differs from that of the appraisal(s).
quirements of paragraph 2-24.
;�.. (2) That as a part of the appraisal review . (2) Follow accepted principles and techniques
there was or was not a field ,inspection of the parcel for the valuation of the subject property.
to be acquired and the comparable sales applicable
thereto. If .a field inspection was, riot made, the (3) Contain the information necessary to ex-
reason(s) shall be so stated. plain,.substantiate, and thereby document,the conclu-
sions and estimates of value contained therein.
(3) That the review appraiser does not have
able
any direct'or indirect, present or contemplated, future (4) Include consideration of compens
personal interest in such property, or in any monetary items, but do not include compensation of items
benefit from its acquisition. '
noncompensable under state law.
c. Each acceptable estimate prepared by a spe-
(4) That the estimate of just compensation'has cialist retained by the airport owner will be made
been reached independently, without collaboration or available to all appraisers for analysis and incorpora-
direction, and is based on an approved appraisal and tion into their appraisals to the extent deemed appro-
other factual data. priate by the individual appraiser. The appraiser shall
be instructed not to arbitrarily add the value of individ-
(5) The value estimate of items compensable ual items to the valuation of other realty, but should
under state law but not eligible for Federal reimburse-
consider them to the extent of their contributory value
ment, if any, in establishing the value of the whole property. An ex-
2-36. REVIEW OF SPECIALTY. APPRAISALS. ception to the requirements of this paragraph is per-
Procedures for reviewing specialty appraisals shall be mitted where the airport owner, in special cases, elects
as follows: to have.a review appraiser, knowledgeable in both dis-
ciplines represented, analyze and incorporate into a
a. When a separate valuation of machinery, final estimate of just compensation the separate ap-
equipment or other specialty items is required and praisals on the-real property and the specialty items.
when the airport owner has retained the specialist, it
shall have the appraisal reviewed by a review appraiser d. In those instances when a fee appraiser has
or other specialist before its distribution• to the fee or retained a specialist and incorporated the specialist's
valuation.in the appraisal, review of the "package"
s(aff appraisers. The individual responsible for the re-
uirements in this Order.
view shall field inspect the property. If a field inspec- qit be in accordance with the applicable review re-
tion is not made, the file will contain'the reason that
such inspection was not made. 2.37,THRU 2-40. RESERVED.
SECTION 5. AVIGATION EASEMENTS
s 2-41. DESCRIPTION OF EASEMENT. An is the essence of an avigation easement. Therefore, it
avigation easement is a conveyance of a specified is imperative that the appraisal reflect the specific
property interest that creates a servitude on a particular easement estate proposed for acquisition. Other types
area that restricts the use by the owner of the surface of easements, such as clearance easements, do not pro-
and assures the owner of the easement the right and tect an airport owner from future claims of property
privilege of a specific use contained in the easement owners due to over flights. It is important to recognize
docurrient. Such rights may consist of the right-of- that a clearance easement provides only for protection
flight of aircraft; the right to cause noise, dust,etc.; the from obstruction and does not include the right-of-
right to remove a0 objects protruding into the airspace flight. Figure 2-1, Avigation Rights, identifies the
together with the right to prohibit future obstructions rights obtained for the different types of easement es-
in the airspace; and the right of,ingress)egress on the tates that may be acquired.
land to exercise the rights acquired. The easement may
also contain any number of additional restrictions as 2.42. AIRSPACE. The airport layout plan includes
the airport owner deems necessary. The right-of- flight the approach area and approach pro on zone layout.
AMENDMENT NO. 1
AGREEMENT NO. A3912, ACQUISITION & RELOCATION SERVICES
THIS FIRST AMENDMENT to Agreement #A3912 for Contract Services, (herein
"Agreement") made and entered into on the day of 2000,
by and between the CITY OF PALM SPRINGS (herein "City") and OVERLAND
RESOURCES, INC. (herein "Contractor") is hereby effective as dated above, as follows:
Exhibit"A"Project Fees is hereby amended to reflect the following Phase 11 Acquisition
and/Relocation activity.
Parcels:
680-072-006 680-073-005
680-073-006 680-073-003
Project Fees: The following fees relate to the referenced Phase I I project:
Overall Acquisition and Relocation Proiect Management
Time and materials estimate based on 20% of the
calculated case rates $6,220
Acquisition Services
Based on 4 owners at $1,900 per case 7,600
Relocation Services
Based on 10 displacements at $1,900 per case 19,000
Model Relocation Plan $3,000 + $150 per interview 4,500
Reimbursable Expenses
Preliminary Title Reports
(4 @ $460 each) 1,840
TOTAL $39,160
Acquisition Services Fees do not include:
1. Travel out of the region
2. Fees for title reports, escrow, reconveyances, demands, etc.
3. Attendance at City Council meeting or public workshop meetings
4. Extended negotiations or coordination beyond 25 hours per parcel
Relocation Services Fees do not include:
1. Overcrowded dwelling units
2. Post initiation of negotiation tenants
3. Families with more than 6 persons
4. Hostile tenants with the potential for violence
5. Relocation tracing
6. Public and/or community meetings
7. Unusual situations requiring more than 25 hours of staff time per case
Except as specifically worded herein, all terms and conditions of the Agreement shall remain
in full force and effect and performance of services under the Agreement shall be governed
by the provisions of the Agreement.
2 #4/9
IN WITNESS WHEREOF the parties have executed and entered into this Agreement
as of the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney CONTRACTOR:
OVERLAND RESOURCES , INC .
(Check One: indi ,
partn ip, corporation)
(NOTARIZED) By:
4
Signature
Ray Armstron t
Print Name Ti
(NOTARIZED) By:
Sign e
Jerry Colburn , Secretary
Print Name and Title
Mailing Address: 77-564 Country Club Dr .
Suite 150-140 Palm Desert CA 92211
(Corporations require two signatures; one from each of the following:A. Chairman
of Board, President, any Vice President;AND B. Secretary,Assistant Secretary
Treasurer,Assistant Treasurer,or Chief Financial Officer).
424hr.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of 0� �g P
On before me, /J SQ`/ k,
Dale /� / Name and Tile of Of icer(o g,"Jane Doe,Notary PubliC)
personally appeared Vaq
amefs at Signers)
personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)ioFare subscribed to the
within instrument and acknowledged to me that heleHe/they
executed the same in kiafhw/their authorized capacity(ies),
E1 m V.VOLIMER and that by hWher/their signature(s) on the instrument the
Cannwlon11115537 1 person(s),or the entity upon behalf of which the person(s)
NotaNRWc—OalfaAa I acted, executed the instrument.
Oml cool
I My Comm.BOW NOV&2000
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached/Document
Title or Type of Document: f�/Y/P��/e/ / — �rpjy�P��
Document Date: Number of Pages:
Signer(s) Other Than Named Above: / - �y
Capacity(ies) Claimed by Signer(s) /7
Signer's Name: /g i1 Signer's Name: r/l/lG1 �!/✓U/t�/
❑ Individual ❑ Individual
Corporate Officer / Corporate Officer /
Title(s): _ �P�/G�P�77L �Title(s): `�CG/IEj prg
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
01996 National Notary Association•8236 Rommel Ave.,P O Box 71M•Canoga Park,CA 91309-]184 Prod No.5907 Reorder Call Toll-Free 1-800-876-6827
StA/4
MINUTE ORDER NO.
APPROVING A PROFESSIONAL SERVICES
CONTRACT WITH DOZIER APPRAISAL
COMPANY FOR APPRAISAL WORK
RELATED TO THE AIRPORT PROPERTY
ACQUISITION PROGRAM, NOTTO EXCEED
$14,500.
I HEREBY CERTIFY that this Minute Order, approving a
Professional Services Contract with DozierAppraisal Company
for appraisal work related to the Airport Property Acquisition
Program, not to exceed $14,500, was adopted by the City
Council of the City of Palm Springs, California, in a meeting
thereof held on the 201h day of September 2000.
PATRICIA A. SANDERS
City Clerk
MINUTE ORDER NO.
APPROVING AMENDMENT #2 TO
AGREEMENT 3777 WITH MACKENZIE AND
ASSOCIATES FOR APPRAISAL REVIEW
SERVICES RELATED TO THE AIRPORT
PROPERTY ACQUISITION PROGRAM, NOT
TO EXCEED $4,500.
I HEREBY CERTIFY that this Minute Order, approving
Amendment #2 to Agreement 3777 with Mackenzie and
Associates forAppraisal Review Services related to the Airport
Property Acquisition Program, not to exceed $4500, was
adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 20' day of
September 2000.
PATRICIA A. SANDERS
City Clerk
a �.
MINUTE ORDER NO.
APPROVING AMENDMENT #1 TO
AGREEMENT 3912 WITH OVERLAND
RESOURCES, INC., FOR RELOCATION
SERVICES RELATED TO THE AIRPORT
PROPERTY ACQUISITION PROGRAM, NOT
TO EXCEED $39,160. FOR APPRAISAL
REVIEW SERVICE.
I HEREBY CERTIFY that this Minute Order, approving
Amendment#1 to Agreement 3912 with Overland Resources,
Inc., for Relocation Services related to the Airport Property
Acquisition Program, not to exceed $39,160, was adopted by
the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 20"' day of September 2000.
PATRICIA A. SANDERS
City Clerk