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HomeMy WebLinkAboutA8357 - YEOMANS & COMPANY REAL ESTATE APPRAISERS APPRAISAL SERVICES AGREEMENT Real Estate Appraisal Services- City-Owned Property near NW corner of W. Stevens Rd. and North Palm Canyon Dr. 1.0 acre vacant land with APN 505-182-010; 0.75 acres vacant land with APN 505-182-004 Yeomans & Company Real Estate Appraisers THIS APPRAISAL SERVICES AGREEMENT the ("Agreement") is made this J�jLday of 2019,(herein referred to as the"Effective Date")by and between the City of Palm Springs, a California charter city ("City"), and Yeomans & Company Real Estate Appraisers ("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 Two Thousand Eight Hundred Fifty Dollars ($2,850) 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. Chanize 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. Assienment or Subcontractine. 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 Sery S ffice Commercial General Liability most recent Occurrence Form CG 00 01; [WAIVED 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; [PERSONAL INSURANCE POLICY WITH $300,000 PER OCCURRENCE ACCEPTABL i 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. [CERTIFICATE OF EXEMPTION ATTACHED] 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" Michael P.Yeomans David H. Ready, Esq.,Ph.D,City Manager Yeomans&Company City of Palm Springs 79584 Avenue 42 3200 E.Tahquitz Canyon Way Bermuda Dunes,CA 92203 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" YEOMANS& COMPANY CITY OF PALM SPRINGS By: Michael P.Yeoman David H. Ready,Esq.,Ph.D., er State Certified Real ate Appraiser APPROVED AS TO FORM: By: Jckrey allinge City Attorney APPROVE BY CRY MA r►CER '�3S] & ------------ EXHIBIT"A" SCOPE OF SERVICES Site B ( 1 . 76 acres total ) TA11o110A *W lld m- M _ OWN 1 CITY OF PALS WNW.S ✓ �• • O+1Mr 2 _�► c NOW 04"" PO BOX 1143 PAL Y SPRWGS.CA 9► +� , f s iVX3 100 ACRES Mt N POR WE 14 OF y ` SEC 1014S RAE FOR TOTAL OESCRW"SEE ASSESSORS MAPS No of Ufa YON bu0 T e LaAr"(Mw) 41mSFpAM$1 Lot Atra kCak 1 u.LMt SF!1.ls ACRES) Z«V C1.02 Parcel Nurbw SK1R>!m I O«+w 1 RLMYtLOPWNT A(ANCYc:r1r OF PALM SPROK S Owfw 2 Owrw A46**" IM E TAHOLINTt CANVOM WAY PALM SPAMS,CA WM POR LOT SSA6OLKA AND LOT - t L40 Owt 12 OLK A MO 0I WI5 LAS PALMASESTATES me dtAW �'a '`• - 900"Aw Dom No A.aArlb E` w • j d, LM Awr LAw i LdAAr(Cakt 3321SSiq?4ACRfS1 Z"" .Cu ;`, YEOMANS & COMPANY REAL ESTATE APPRAISERS 79584 Avenue 42, Bermuda Dunes,California 92203 Phone(760)340-0770/Fax(760)340-1258 Email:Mike@AppraiserDesertCities.Com Diana Shay August 9,2019 Redevelopment Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, 92262 Diana Shay: Yeomans & Company proposes to prepare an appraisal report of two adjacent parcels of vacant commercial land located at the southwest corner of the intersection of Palm Canyon Drive and West Stevens Road in the City of Palm Springs, California. Subject property is also known as Riverside County Assessor's Parcel Numbers 505-182-004 and 505-182-010. I previously appraised these two parcels for the City of Palm Springs in August 2016 and January 2018. The purpose of this appraisal is to estimate and report my opinion of the "As Is" Market Value of the subject's Fee Simple Interest. The subject real properties are to be appraised "As Is" resulting in an estimate of their Market Value in the exact physical condition observed upon inspection and as it physically and legally exists. Use of this appraisal is to provide the client, the Successor Agency of the Palm Springs Redevelopment Agency, information in determining the Market Value of the two subject parcels for a potential sale. Yeomans & Company proposes to prepare a complete appraisal report using a Narrative Appraisal Report Format. The report will include three estimated Market Values as follows. • An individual Market Value for each of the two subject parcels "as if' they were sold separately in different transactions. • A Market Value for both parcels"as if'being sold as a single property in a single transaction to a single purchaser. The professional fee for the Appraisal Format is $2,850. This price will include two original paper copies of the report and an electronic PDF copy. I can begin this assignment on September 10, 2019 and complete it by October 10, 2019. Respectfully submitted, YEOMANS &COMPANY Approved by Client Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 8/28/2019 Target Professional Programs 1230 East Diehl Road, Suite 350 Naperville, IL 60563 Toll Free: (800)497-4644 * Din (312) 855-2045 * fax: (866)720-5003 PROOF OF COVERAGE I. Name and Address of Insured: Michael P Yeomans Yeomans& Company 79584 Avenue 42 Bermuda Dunes , CA,92203 2. Insurer: Certain Underwriters at Lloyd's Rating: AM Best: A(Excellent) S&P: A (Positive) 3. Coverage: Errors and Omissions 4. Certificate Number: To Be Assigned at time of Policy Issuance 5. Limits of Liability: $1,000,000 Each Claim, including Claims Expenses $1,000,000 Annual Aggregate, including Claims Expenses 6. Deductible: $1000.00 Each Claim, including Claims Expenses 7. Annual Policy Premium: $716.00 (Paid in Full, including any fees and taxes) 8. Policy Period: 9/12/2019 to 9/12/2020 12:01 a.m. standard time at the location stated above 9. Retroactive Date: Follows Expiring Policy 10. Appraisers covered: Michael P.Yeomans 11. Coverage is subject in all respects to the terms, conditions, & limitations of the policy issued by Certain Underwriters at Lloyd's,unless otherwise specified. 12. This "Proof of Coverage"notice is your formal "Evidence of Insurance", and is to be used to notify banks, and other third parties that such coverage exists. This document will be replaced by your policy. Date of issuance: 8/28/2019 Invoice Number: 19217 Authorized Representative of Certain Underwriters at Lloyd's LLOYD'S REAL ESTATE APPRAISER ERRORS AND OMISSIONS INSURANCE THIS INSURANCE IS EFFECTED WITH CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (NOT INCORPORATED) THIS POLICY PROVIDES CLAIMS MADE AND REPORTED COVERAGE, CLAIMS MUST FIRST BE MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND MUST BE REPORTED IN WRITING TO THE UNDERWRITERS DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF EXERCISED. THE LIMIT OF LIABILITY SHALL BE REDUCED, AND MAY BE EXHAUSTED, BY DEFENSE COSTS PAYMENTS. IF THE LIMIT OF LIABILITY IS EXHAUSTED, THE UNDERWRITERS SHALL HAVE NO FURTHER LIABILITv UNDER THE POLICY. INCLUDING LIABILITY FOR DEFENSE COSTS. DECLARATIONS Policy Number: 18REALPC-0916 Item 1. NAMED INSURED: Michael P Yeomans dba Yeomans & Company Item 2. MAILING ADDRESS: 79584 Avenue 42, Bermuda Dunes,CA 92203 Item 3. PERIOD OF INSURANCE: FROM 09/12/2019 TO.09/12/2020 12 01.AM STANDARD TIME AT THE ADDRESS SHOWN IN ITEM 2 ABOVE. Item 4. LIMIT OF LIABIITY 5 1,000,000 Each "Claim" (Including Defense Costs) S 1.000.000 Annual Aggregate (Including defense Costs) Item 5. DEDUCTIBLE: $ 1,000.00 Each "Claim"(Including Defense Costs) Item 6. PREMIUM: $ 716.00 Gross Premium $ 21.48 Surplus Lines Tax $ 1.43 Stamp Tax $ 50.00 Policy Fee $ 788.91 Total Premium Item 7. RETROACTIVE DATE: 09/12/2013 Item 8. NOTICE OF CLAIM TO: Premier Claims Management. LLC 2020E North Tustin Avenue Santa Ana, CA 92705 Phone: 888-683-2266 Fax: 866-855-4047 Website: mww.premierciaimslle.com Item 9. Forms, Endorsements and Application to be made part of this Policy: See attached forms list Item 10. Service of Suit: Upon Underwriters pursuant to Condition XXI may be made upon. Mendes &Mount. 750 Seventh Avenue, New York. NY 10019-6829 088/29/2019t-- .i Date: Authorized Representative Appraisers E&O Program 1230 East Diehl Road,Suite 350 Naperville,IL 60563 Tel:866-2534447 Fax:866-720-5003 SCHEDULE OF APPRAISERS Name and Address of Insured: (a member of the Five Star Realty Inc.,Risk Purchasing Group) Michael P Yeomans dba Yeomans&Company 79584 Avenue 42 Bermuda Dunes,CA 92203 Policy Number: 19REALPC-0916 Type: Name: Appraiser Michael P.Yeomans SCHAPP OInterinstance the of Exchange 40 g Automobile Club z; Automobile Insurance Policy Coverages and Limits Renewal Declarations We are pleased to offer you a renewal for your automobile insurance policy. To renew your policy. send at least the minimum payment on or before the due date. Insurance is in effect only for the vehicles, coverages, and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements In effect, complete your policy If any change to your policy or to the information we have on file results in a premium decrease during the policy period. the Interinsurance Exchange reserves the right to apply any refund due to your outstanding balance NAMED INSURED(Item 1.) g AUTO POLICY NUMBER:CAA 068435077 YEOMANS. MICHAEL P AND JUDITH G POLICY PERIOD(PACIFIC STANDARD TIME) 75224 CONCHO DR INDIAN WELLS CA 92210-8314 POLICY EFFECTIVE DATE: 05-16-19 12:01 A.M. POLICY EXPIRATION DATE: 05-16-20 12:01 A.M. I VEHICLES VEH, YEAR MAKE MODEL IDENTIFICATION VEHICLE GARAGE ANNUAL— VERIFIED NO. NUMBER USE ZIP CODE MILES MILEAGE SALVAGE 1 2006 HOND PILOT LX 5FNYF28166BO39115 PLEASURE 92210 10,001 -12.500 VERIFIED NO 2 2010 TYTA HIGHLANDER STDZA3EH5AS006380 PLEASURE 92210 5.501 - 7.500 VERIFIED NO COVERAGES AND LIMITS Coverage is not in effect unless a premium or the word"included"is shown. ANNUAL PREMIUMS COVERAGES LIMITS OF LIABILITY Vehicle 1 Vehicle 2 Vehicle Vehicle Vehicle Liability Bodily Injury $100.000 ecch person% '300,000 each occurrence $240 S 221 Property Damage $50.000 each occurrence $272 5 245 Medical Excess Medical Payments $5,000 each person S 14 $14 Physical Damage (Actual Cash Value unless otherwise stated less deductible) Vehicle 1 Vehicle 2 Vehicle Vehicle Vehicle Comprehensive ACV ACV $35 $33 (Less Deductible) $2000 $2000 Collision ACV ACV $179 $188 (Less Deductible) $2000 $2000 Car Rental Expense (Per Day) $35 $35 S 42 S 39 Uninsured Motorist Bodily Injury- $100,000 each person/ $300.000 each accident $54 S 47 Uninsured&Underinsured Vehicles Uninsured Deductible Waiver Included Included Uninsured Collision No Coverage No Coverage Total Premium $836 a5 787 PREMIUM DISCOUNTS "No Coverage" indicates coverage not purchased Please refer to the enclosed document entitled"Premium Discounts Applied to Your Automobile Policy" Total Annual Premium' $ 1623 If at any time you choose to pay less than the full balance outstanding, (Includes all applicable discounts.) finance charges of up to 1.5% per month of the balance outstanding will apply Less Policyholder Savings Dividend S 149 as explained in your billing statements, which are part of these declarations. Net Premium* $ 1474 `* To see the annual mileage for your expiring policy, please refer to the "Notice of Annual Mileage" page contained in your renewal package. g200A PROCESS DATE 04-04-19 PLEASE ATTACH TO YOUR POLICY 0404te (SEE REVERSE) Workers'Certificate of Exemption from Compensation TO: City of Palm Springs ATTN: City Clerk and Risk Manager SUBJECT.- Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor partnership closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore. I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq.. of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply w h any such laws or regulations. Risk Management Approval: Contractor Signa Printed Name of Contractor c� q �-z , 2�>� Date Date '