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HomeMy WebLinkAboutA6863 - YEOMANS & CO REAL ESTATE APPRAISERS - FOR VARIOUS PROPERTIES APPRAISAL SERVICES AGREEMENT Land Exchange Valuation-"Carriage House" Parcel with "Museum Hiking Trail"Parcel Portions ofAPNs: 513-070-009, 513-110-054 Yeomans & Company Real Estate Appraisers THIS APPRAISAL SERVICES AGREEMENT the ("Agreement") is made this 221° day of October 2018, (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 and Consultant ("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 Three Thousand Eight Hundred Dollars ($3,800) 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. Change 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. 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. Inteeration. 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 State Certified General Real Estate Appraiser 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" YEOMANSS& COMPANY CITY OF PALM SPRINGS By: Michael P. Ye David H. Ready, Esq., Ph.D., City Manager State Certifie Re Estate Appraiser APPROVED AS 70 FORM n. CITY ATTO EY APPROVEDPYCP. N4k'NACER -sT- EXHIBIT "A" SCOPE OF SERVICES (letter proposal from Yeomans& Company dated September 10, 2018) YEOMANS & COMPANY REAL ESTATE APPRAISERS 79584 Avenue 42,Bermuda Dunes,California 92203 Phone(760)340-0770/Fax(760)340-1258 Email: Mike@AppraiserDeser[Cities.Com (Revised 10-I1-2018) Diana Shay September 10, 2018 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 separate real properties. I refer to the two subjects as"Property A" and"Property B". Property A: Approximately 0.5 acres of a City-owned parcel that is currently the site for the "Carriage House" building. The 0.5 acre site is to be created as part of a lot split of an existing 5.12 acre parcel which is Riverside Assessor's parcel 513-070-009. Property B: Two parcels to be created via lot splits from an existing 14.26 acre parcel which is Riverside Assessor's parcel 513-110-054, The two parcels are described as Parcel 1, a 0.13 acre site and Parcel 2, a 3.74 acre site. These two parcels are described as the "Trail Head Sites". Although Property B will consist of two parcels, its Market Value estimate will be a single combined value assuming the parcels are sold in a single transaction to a single purchaser. Property B is currently owned Paul Marut and Tracy H. Conrad. The purpose of this appraisal will be to estimate and report my opinion of the "As If' created Market Values of both subject properties. Use of this appraisal is to provide the client, the City of Palm Springs information in determining the Market Value of the two subjects for a potential exchange of the City owned the "Carriage House" property for the privately owned "Trail Head". It is my understanding that the City owned land, "Subject A" is currently encumbered by a long term lease. My value estimate for that property will be based on the hypothetical assumption that the lease was not in force and the property interest to be appraised is Subject "A"s Fee Simple interest. For both subject properties my appraisal will estimate the Value of the Fee Simple Interest only. I will prepare a complete appraisal report using a Narrative Appraisal Report Format. Separate value estimates will be made for each subject. My two value estimate will be made using separate Sales Comparison Approach. The report will include photos of each subject property and each comparable property, Riverside County parcel maps, topographic maps and aerial photos of the comparable sale properties, sales comparison and adjustment grids and a location map of all of the comparable sale properties. This appraisal will comply with the Uniform Standards of Professional Appraisal Practice (USPAP). The professional fee for the Appraisal is $3,800. This price will include two original paper copies of the report and an electronic PDF copy. Targeted starting time for this appraisal is October 25, 2018 provided our office receive a signed copy of this letter authorizing us to proceed with the appraisal. The targeted completion date for this appraisal is November 19, 2018. Respectfully submitted, YEOMANS & COMPANY Approved by Client Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 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 LIABILITY UNDER THE POLICY,INCLUDING LIABILITY FOR DEFENSE COSTS. DECLARATIONS Policy Number: 17REALPC-0650 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: 0 911 2/2 0 1 8 TO:09/12/2019 12:01AM STANDARD TIME AT THE ADDRESS SHOWN IN ITEM 2 ABOVE. Item 4. LIMIT OF LIABIITY: $ 1,000,000 Each "Claim" (Including Defense Costs) $ 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: 0 9/1 212 0 1 3 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:www.i3remierclaimsile.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 09/04/2018 dA"JA4� Date: Authorized Representative Appraisers E&O Program 1230 East Diehl Road,Suite 350 Naperville,IL 60563 Tel:866-253-4447 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: 17REALPC-0650 Type: Name: Appraiser Michael P.Yeomans SCHAPP Certificate of Exemption from Workers' Compensation Insurance TO: City of Palm Springs ATTN: City Clerk and Risk Manager SUBJECT. Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor ❑ partnership ❑ closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with y such laws oWre lotions. � Risk Management Approval: Contractor Signa r t Printed Name of Contractor 12/% I L Date Date Appraisers E&O Program 1230 East Diehl Road.Suite 350 Naperville,iL 60563 Tel:866-253-4447 Fax:866-720-5003 SCHEDULE OF APPRAISERS Name and Address of Insured: (a member of the Five Star Really Inc.,Risk Purchasing Groupl Michael P.Yeomans dha Yeomans$Company 79584 Avenue 42 Bermuda Dunes,CA 92203 Policy Number: 16RC•ALPF-0325 Type: Name: Appraiser Michael P.Yeomans SCNAPP 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 LIABILITY UNDER THE POLICY,INCLUDING LIABILITY FOR DEFENSE COSTS. DECLARATIONS Policy Number: 16REALPF-0325 Item 1. NAMED INSURED: Michael P. Yeomans dba Yeomans 8,Company Item 2. MAILING ADDRESS: 79584 Avenue 42, Bermuda Dunes, CA 92203 Item 3. PERIOD OF INSURANCE: FROM 09/12/2017 TO 0 9/1 212 01 8 1201AM STANDARD TIME AT THE ADDRESS SHOWN IN ITEM 2 ABOVE Item 4. LIMIT OF LIABIITY: $ 1,000,000 Each"Claim" (Including Defense Costs) $ 1,000,000 Annual Aggregate(Including defense Costs) Item 5. DEDUCTIBLE: $ 1,000 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: 0911 2/2 01 1 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 -,ww.oremierdaimsllecom 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 09/21/2017 Date: Authorized Representative APPRAISAL SERVICES AGREEMENT 16 acres Vacant Land--Palm Canyon Farms Ownership APNs: 510-160-012, 510-160-014 T I#I S AP„jtAISAL SERVICES AGREEMENT (the "Agreement") is made this 9011 day of p, AW , 2018 (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 appraisal 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 thirty six hundred Dollars ($3,600.00) 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 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. Change 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 6.l I.18 APPRAISAL SERVICES AGREEMENT Pagel of 5 work, extension of time for preparation, and adjustment of the fee to be paid by CITY to Consultant. 5. Licenses, Designation. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses, during the performance of this Agreement. If required by CITY, Consultant warrants and covenants that its principal has achieved and will maintain in good standing throughout the term of this Agreement an "MAI" (Member of Appraisal Institute) designation corresponding to each real property identified in Exhibit"A" to this Agreement(e.g., residential,commercial, industrial, etc.). Mark Here if MAI Required 6. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and not an employee of CITY. CITY shall have the right to control Consultant only insofar as the result of Consultant's services rendered pursuant to this Agreement. CITY shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Consultant acknowledges that Consultant and any subcontractors, agents or employees employed by Consultant shall not, under any circumstances, be considered employees of CITY. 7. 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 tenninate 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 provide CITY with evidence in the form of a certificate that should this insurance policy be canceled before the completion of all services contemplated by this Agreement, the issuing company will mail no less than thirty (30)days written notice to the CITY. 6.11.18 APPRAISAL SERVICES AGREEMENT Page 2 of 5 10. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 11. Products of Consultant. The documents and appraisal report and other products produced or provided by Consultant for this Agreement shall become the property of CITY upon receipt. Consultant shall deliver all such products to CITY prior to payment for same. CITY may use, reuse or otherwise utilized such products, but only in connection with City's purchase or 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 Insuection 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, Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. The venue for any dispute arising from or related to this Agreement shall be the Superior Court of the State of California, County of Riverside, Palm Springs Courthouse. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. THIS SPACE INTENTIONALLY LEFT BLANK &III 18 APPRAISAL SERVICES AGREEMENT Page 3 of 5 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 at the address listed below. Either party may change the notice address by notifying the other 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 three (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": CITY OF PALM SPRINGS Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SIGNATURES FOLLOW 6.11.18 APPRAISAL SERVICES AGREEMENT Page 4 of 5 "CITY" City of Palm Springs Date: 0 6 b By: David H.Ready, PhD City Manager APPROVED AS TO FORM ATTEST BY City Attorney City Clerk APPROVED BY CITY MANAGER 6k 3 -00 003 "CONSULTANT" (Yeomans & Company, Real Estate Appraisers) Date: !J/cl� �7 By :4L%r.r-mil !� Michael P. Yeoman e Certified General Real Esta Ap raiser 6.11.18 APPRAISAL SERVICES AGREEMENT Page 5 of 5 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 May 2, 2018 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 parcels of land currently owned by Palm Canyon Farms. The land is located northwest of Rim Road near its intersection of East Palm Canyon Drive in the City of Palm Springs, California. These properties are also known as Riverside County Assessor's Parcel Numbers 610-160-014 which is about 15 acres and 610-160-012 which is 0.76 acres. The purpose of this appraisal will be to estimate and report my opinion of the "As Is" Market Value of the subject's Fee Simple Interest. The subject real property is to be appraised "As Is" resulting in an estimate of its Market Value in the exact physical condition observed upon inspection and as it physically exists. Use of this appraisal is to provide the client, the City of Palm Springs information in determining the Market Value of the subject land for a potential purchase. It is my understanding the City wants to purchase this land either in Fee Simple Interest only or obtain a "Conservation Easement" over the entire parcel. Because I do not know the specific nature or restriction to be created via the "Conservation Easement" I cannot estimate its value. If all development rights and use are taken by the easement it is my opinion that the value of the Fee Simple Interest would be very similar to the value of the easement. My appraisal will make a value estimate of the Fee Simple Interest only. We will prepare a complete appraisal report using a Narrative Appraisal Report Format. Our value estimate will be made using a Sales Comparison Approach. The report will include photos of the subject property and each comparable property, Riverside County parcel maps, maps and aerial photos of the comparable sale properties, sales comparison and adjustment grids and a location map of all of the comparable sale properties. This appraisal will comply with the Uniform Standards of Professional Appraisal Practice (USPAP). The professional fee for the Appraisal Format is $3,600. This price will include two original paper copies of the report and an electronic PDF copy. Targeted time for completion is 40 days from the date we receive a signed copy of this letter authorizing us to proceed with the appraisal. Respectfully submitted, YEOMANS & COMPANY Approved by Client Michael P. Yeomans sTg re State Certified General Real Estate Appraiser CA Certification Number: AG022580 G�j .//%�N•yG�� 4�/j APPROVED AS TO FORM CITY ATT ATT T. 2 /J Cit rk APPROVED BY CITY MANAGER AV21ju O.00 Abz3 CONSULTING SERVICES AGREEMENT Appraisal Services Two (2) vacant single family lots in Desert Highland Neighborhood APNs 669-401-010 and 669-401-039 Yeomans & Company Real Estate Appraisers THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on YnAr6V , 2017, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Yeomans & Company, Real Estate Appraisers, ("Consultant'). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a real estate appraiser and consultant, for market value appraisals of two (2) vacant single family lots in the Desert Highland Neighborhood near the intersection of El Dorado Boulevard and West Tramview Road with Riverside County Assessor Parcel Numbers 669-401-010 and 669-401-039, ("Project'). B. Consultant has submitted to City a proposal to provide real estate appraisal and consulting services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary servisces to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide appraisal and market value study services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. ORIGINAL BID AND/OR AGREEMENT Revised:5/5M6 720599,1 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $600.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 2 Revised:5/5116 ?20599.1 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two months, commencing on the date that this agreement is fully executed, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty (30)days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Michael P. Yeomans, State Certified General Real Estate Appraiser. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 3 Revised:5/5/16 7205991 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Michael P. Yeomans Principal 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses 4 Revised 5/5116 720599 1 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS $ Revised:515116 720599.1 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections ReAsed 515/16 720599.I and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth 7 Revised:515116 720599.. below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Yeomans & Company Real Estate Appraisers Attn: Michael P. Yeomans 79584 Avenue 42 Bermuda Dunes, CA 92203 11.2 Inte¢rated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement she be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authoritv. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. g Revised:5/5/16 7205991 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: "� •'1 By. David H. Ready City Manager APPROVED BY CITY MANAGER APPROVED AST FORM: ATTEST alfesWA9 AW By: By: 1�6 Ytk D uglas olland, lames Th w n,- �AA ) City mey GityEleric "CONSULTANT" Yeomans& Company Real Estate Appaisers Date: �! �� By� G ✓�� LtI� Michael P. Yeomans to Certified General Real Estat praiser Principal Date: 9 Revised:515116 72(5991 CAL�ALL:PURPOSE AEIOIOMIEDG� CNIL CODE;t18a A mmy pdbc a aaa diva ca p1mg tom osroirar vabbs a*dr.idmwW of Ow iidrAJ dr eiprd to dtwvnra eoMtichft oeniads is madr4 and rest o WuMbow amamyt a nldty dOaddmere2 3bla aFtY d C [L� ) oF,On before ma. 0.11. `� Hare kmd Nome and Titls cf Pre Whar/ asea.ly appeared Afrr. r(y rho proved ia ma m the b®a of astrfac6wy esidNre to be 8u person(a) whoaa nrrr(e) ia*@ sobaerbed to the wilhn nWunrd and admowMdBad to ma that havdrNrey sravbd On a in h®At wAtm rdfrr®d capaWyGae) and that ty frbmaAlrksigriae(s)m Ur nshtrrrerd fhe pump{a), a the mkty upw b[r8 of which 8r perecriN scold.erraatbd the nebunwkt I oslify vats POGALTY OF PM.KM aids are bean of the Stab of Osffi a 1hd the tsepoeg pwaWaFb is t m and cared KfNNETH 1.WRITE WUNESS mW t l_. COMM. #2127610 x Notary Public • California o _ ,d,zx fad Riverside County d „-" I;ty Cornm,Expires Sep.21,2019 Pbm Notary 3ed Above oP7101YAL Tha ah this aecb'm is op8wa7,owrYifefig M kdbmmffon can deter aleabm of the dwLwmt ar eaudrferd mdidrrrr!d a®iim m ban mirm alad document. Dmatpicn of Attached Doaarrnd Tolle a Type of Document Doaurrarb Daix Mntw of Paget: S O(s)O&W Than Named Above: Claud by&erear(a) SgrrYa Nam¢ Sgnefa Munn: ❑Ompada Offs——Tibw ❑capads Officer—TOW ❑Parbw— ❑Lirvbd ❑astral ❑Parbw— ❑Liribd E)Osnarei O kKkvi3W ❑Afton"in Fact ❑kd.NIUW ❑Mornay in Fad ❑Trines ❑GmFdm ar Cmeervabr ❑Tnmbe ❑aLmarn or OcrWWAdm ❑Olrr ❑Ober. Sgrw Is RepmsrwNW SIRw b tiepreesdrrg CM4 Mdird Notay Assadmbm•vrawXdwm rbry ag•tA0IEU8 NDTARY(t-em.876EW fbm MW 10 Revised:5/5116 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance I I Revised:5/5116 720599.1 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 December 28, 2016 Redevelopment Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, 92262 Diana Shay With respect to your request for appraisal services for the two single family lots: Yeomans & Company proposes to prepare an appraisal report of two vacant single family lots in the "Desert Highland" neighborhood of the City of Palm Springs, California. One lot is located at 233 West Tramview Road. The second is located on the west side of El Dorado Boulevard just south of Tramview. These parcels are also known as Riverside County Assessor's Parcel Numbers 669-401-010 and 669-401-039. The purpose of these appraisals is to estimate and report my opinion of the "As Is" Market Value of each of the subject lot'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 they physically and legally exist. 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 potential sales. Yeomans & Company proposes to prepare two summary appraisal reports using a GPARLAND General Purpose Appraisal Report 05/2010 Format (A form Report). Estimating the Market Value of these two subject residential lots is a relatively simple appraisal. The suggested format will include all the information needed to understand the value estimate. Also, by using the form the cost of the appraisal will be much less than the cost of a narrative report. My professional fee is $600. This fee is the total for both reports. This price will include two original paper copies of each report and an electronic PDF copy. Targeted time for completion is 21 days from the date we receive a signed copy of this letter authorizing us to proceed with the appraisal. Respectfully submitted, YEOMANS & COMPANY Approved by Client Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:5/5/16 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars (S1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: X required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:615116 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:5/5116 7205W1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:&5116 720999.1 CONSULTING SERVICES AGREEMENT Appraisal Services 3.62 acre vacant parcel at Southeast corner of Indian Canyon Drive and San Rafael Road(APN. 501-031-028) Yeomans& Company Real Estate Appraisers THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on -MC,rz h q , 2017, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Yeomans & Company, Real Estate Appraisers, ("Consultant'). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a real estate appraiser and consultant, for a market value appraisal of a 3.62 acre vacant City-owned property at the southeast comer of Indian Canyon Drive and San Rafael Road, ("Project'). B. Consultant has submitted to City a proposal to provide real estate appraisal and consulting services,to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide appraisal and market value study services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Revised:515116 7205991 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $3,000, 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chances. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. Z Revised:5/5116 720599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two months, commencing on the date that this agreement is fully executed, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30)days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Michael P. Yeomans, State Certified General Real Estate Appraiser. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:6/5116 720599 11 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Michael P. Yeomans Principal 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, 4 Revised:515116 720599 1 or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party'; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 5 Revised:5/5l16 720599.t 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6 Revised 5/5116 720599.1 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Riehts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Leeal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Aeainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Reviwd 5/5/16 720i99.1 To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Yeomans & Company Real Estate Appraisers Attn: Michael P. Yeomans 79584 Avenue 42 Bermuda Dunes, CA 92203 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 AuthorihT. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 Revised:515116 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: � � By: David H. Ready City Manager APPB0`dED BY rin MFPlaGER -fl jL ab.uD AtoS�3 APPROVED AS O FORM: ATTEST By: By: Dougl . Holland, �C LL D r4 r�W— City orney C—ity-Elerk 1-v k�rj,"j G.,� Gle(lr- "CONSULTANT" Yeomans & Company Real Estate App'aisers Date: By4� X.f Michael P. Yeom to Certified General Real Est to Appraiser Principal Date: 9 Revised:5/5/16 720599.1 CALff01wA ALL PLWAM E ACKNOMLEDWIR CrVi CODE§1 tea A many p bFc or oiiar It ovrylip tls arlTrae writ only do of to lydvfd ai who soiW to domvwatuwhioh dfn owdioear is aarJw0.sd ratdandfriac.co rac%a vi3ly dlKdoanart_ Dn.1114,11-7bdar.rw./l VI cI '(yF°"r parsordy appearedii{� -- Aanre(aJ who proved to me on the basis of aefefaelory evidance to be the person(s) whose rarme(y mhve mrbscAmd to the wdhn iwberrwd and adoowtedged to me Ord halehollhoy sailed the same in hwlherNwi alhormd capar3y0a*and tied by Irieawrahw agnim a(s)m the iiehrnwdto penorKe), or the enity upm b~at whch the person(s)vied.executed ite inaburnent. I owify under PENALTY OF PE&FURY mdar#w antra of the Stale of OWonds that the torapooe paragraph KENNETHJ.WNITE istrmardeananL o COMM. #2127610 z WYnTI 8 Pear official Notary P&ic-California o `"� ien � z :. Riverside County M Comm.Ex ires Sep.21,2019 g v ,9;mdusofNory Pr A-. .�. Place Notary sad above OPYKINAL Though Min aecenn In apbonat cempldirg fm irrmerodm crr deter a lrnrhun of tr doaarwd oar *WdAwd radandanrd of Has from to m unvdanded homrnent Deemip6on of Adteefed Dowrwd rdle or Type of Doc inert Domrrtwd Dal* Nmber of Pages: Sger(e) 00m Than Harrod Above: CepacidyFse)Cteired by Siiprr(at swwa Norma: 8*wes Nam* ❑(.riposte CMioar—TOOK ❑Ompmete Olicar—Tile(e]= ❑Perbw— O United ❑Cloward ❑Perbw— 0 Lirrilod ❑Oanard ❑ardnidal ❑Attmrsy in Fat ❑hrdwidel ❑Atrrray in Fad ❑Tnmhm ❑GURVEIM ar Ommarvder ❑Tnrdee ❑Chardon or Omearvdv ❑OBer. ❑CMIa: Sger Is RepreowdwW 8Ww Is FNpm -&W 0=4 Ndwrd Notary Am mmbm•www.NNareNdaryary•14WW NDTARY lam#5= 10 Revised:515116 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised:515116 720599.1 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 December 28, 2016 Redevelopment Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, 92262 Diana Shay With respect to your request for appraisal services for: Yeomans & Company proposes to prepare an appraisal report of a 3.62 acre vacant parcel of land located at the southeast comer of the intersection of Indian Canyon Drive and San Rafael Road in the City of Palm Springs, California. This property is also known as Riverside County Assessor's Parcel Number 501-031-028. The purpose of this appraisal will be to estimate and report my opinion of the "As Is" Market Value of the subject's Fee Simple Interest. The subject real property is to be appraised "As Is" resulting in an estimate of its 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 subject land for a potential sale. We will prepare a complete appraisal report using a Narrative Appraisal Report Format. Our value estimate will be made using a Sales Comparison Approach. The report will include photos of the subject property and each comparable property, Riverside County parcel maps, maps and aerial photos of the comparable sale properties, sales comparison and adjustment grids and a location map of all of the comparable sale properties. This appraisal will comply with the Uniform Standards of Professional Appraisal Practice(USPAP). The professional fee for the Appraisal Format is $3,000. This price will include two original paper copies of the report and an electronic PDF copy. Targeted time for completion is 35 days from the date we receive a signed copy of this letter authorizing us to proceed with the appraisal. Respectfully submitted, YEOMp A�N/S & COMPANY Approved by Client Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:5/5/16 720599A INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars (S1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: X required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:5/5/16 7205W1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiencv of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled befbre the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:515116 720,99.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:515/16 720599.1 APPRAISAL SERVICES AGREEMENT 1479 N. Palm Canyon Drive (APN: 505-182-004, APN 505-182-010) THIS APPRAISAL SERVICES AGREEMENT the ("Agreement") is made this 0�day of ]lV)y / 2016 , (herein referred to as the"Effective Date")by and between the City of Palm Springs, a California charter city ("City"), and Yeomans Appraisal, Real Estate Appraiser and Consultant ("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 Three Thousand Eight Hundred and Fifty Dollars ($3,850) 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. 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. ORIGINAL BID ANDIOR 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. 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. Governine 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. Inteeration. 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 State Certified General Real Estate Appraiser 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. Yeoma David H Ready, Esq., City Manager State Certified 1 state Appraiser AP PR E O FORM ip APPROVED BY CITY MANAGER ATTORNEY DATE ATTEST. ity Clerk EXHIBIT"A" SCOPE OF SERVICES (letter proposal from Yeomans& Company dated April 27, 2016) 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 April 27, 2016 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. 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 $3,850. This price will include two original paper copies of the report and an electronic PDF copy. Targeted time for completion is 21 days from the date we receive a signed copy of this letter authorizing us to proceed with the appraisal. Respectfully submitted, YEOMANS & COMPANY Approved by Client Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 CONSULTING SERVICES AGREEMENT Appraisal Services 5,810 square foot vacant parcel at 285 North Indian Canyon Drive (APN 513-091-003) and 6,970 square foot vacant parcel at 190 West Sunny Dunes Road(APN 513- 290-013) Yeomans & Company Real Estate Appraisers THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on ku(o� 3 , 2017, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Yeomans & Company, Real Estate Appraisers, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a real estate appraiser and consultant, for a market value appraisal of a 5,810 square foot vacant parcel at 285 North Indian Canyon Drive (APN 513-091-003) and 6,970 square foot vacant parcel at 190 West Sunny Dunes Road (APN 513- 290-013), ("Project'). B. Consultant has submitted to City a proposal to provide real estate appraisal and consulting services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide appraisal and market value study services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. ORIGINAL BID AND/OR AGREEMENT 1 Revised 515/16 720S99,1 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $4,400. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. if such appropriations are not made, this Agreement shall automatically terminate without penalty to City. Z Revised:515/16 720599.1 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two months, commencing on the date that this agreement is fully executed, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement,with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Michael P. Yeomans, State Certified General Real Estate Appraiser. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 3 Revised:515/16 7205g9_' 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Michael P. Yeomans Principal 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses 4 Revised:516/16 720599.1 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 5 Revised:5/5/16 720599.1 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be 6 Revised:5/5116 7205y 1 employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in 7 Revised:5/5/16 720599 I writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Yeomans & Company Real Estate Appraisers Attn: Michael P. Yeomans 79584 Avenue 42 Bermuda Dunes, CA 92203 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. g Revised:515/16 7205N.I 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: ► 1U�1�5� ����� By: �— �7A, David H. Ready Jy ) City Manager APPROVED BY CITY MANAGER " cf ci two .o *3 APPROVED AS TO FORM: ATTEST By: By: 41�r� Edward Z. Kotkin Kathleen D. Hart City Attorney Interim City Clerk "CONSULTANT" Yeomans & Company Real Estate Appaisers Date: YU4Y /7) ZcV/7 BY : Ir Michael P. Yeomans, e Certified General Real Estat A raiser Principal Date: 9 Revised:515116 7?pi99.f CALFOW ALURNIM lE CMIL CODE§1180 A ramry pAft or agm dicw 9 9is Cw*ao arson o*tM der"of 1M ndividerd wM apied uw dmw mrt to which to owuiaim a wtadtedd an not Om rutkkm .amwwy.or widty of do doonwrt SbAs of Cataty d On /17 7--Wore..-A. X. A 11! �/ � a .and Tice of vw Oukev manab appeared who proved io me on the basis of aam(aclary evidence 10 M Um peravr(a) wdoae nenw(a) sclera eraMarbed io the withm inetrunert end adasowAadBed fo me Dud 1wlaMAhey executed the aerne is hmAimAhow audioraed axpac4(ee),and#W by hbfivwN or agrabra[e)on the iwbraned the pereoa(a). or the erruly upon behalf of which to person(*acI ,executed the wmbrrrwrrL I certify under PB TY OF PERJURY viler the laws of the`.1 1 of CaMorria 8wt the faegoug pa agraph m tue errd conecL KENNETH 1.WHITE WWFWSB �4rb��.'_ COMM. #2127610 Z ` Nctary Public- California o �,w Riverside County OfAb wyPaa6Rc M Comm.Expires Sep,21,2019 phce Notoy SeelAhove OPlR7WAf. 7houo Sm secton a option(oomple W Mae Nfornrallim can daft Mershon of Her doamurt or hmudAwd ramMo drrat of Use tam!a an ss,irdwrded lament n / Tids or Type of Ooomenit C:B �s� t4trrrbar of Psgea 8ipwr(a) OMwr Tlwn Narsed labarw:. CapeatOmmo Ga♦� Signers Meow Sgrwrs ❑ Officer—T-dkw ❑Oorpar� — ❑owbwr— ❑Lusted ❑General ❑Partner— *in ❑Atlomey it Fact ❑Irrfrui3ad ❑Tnnbe ❑ or Commma w ❑Trawbe ❑OMwr ❑OMwr- Signer b%preew�ng- Sign r b 62M4 Nsbwd t4Awy Assocmbm•wwwA bmmgddmy.ag-1-00D-U8 NDTARY(14KO 17&M7) Item i8B07 10 Revised:5/5116 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 72p599.1 I I Revised:5/5175 YEOMANS & COMPANY REAL ESTATE APPRAISERS 79584 Avenue 42. Bermuda Dunes.California 9220 Phone(760)340-0770/Fax(760)340-1258 Email: Mike@AppraiserDesertCities.Com Diana Shay April 06, 2017 Redevelopment Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, 92262 Diana Shay, Yeomans & Company proposes to provide Narrative Appraisal for two vacant properties currently own by the former Palm Springs Redevelopment Agency. Those properties are: Parcel A: "The Desert Hotel Property". This is a 5,810 square foot vacant parcel on the west side of Indian Canyon Drive about 60 feet south of the intersection of Indian Canyon Drive and Amado Road. The common address for this property is 285 North Indian Canyon Drive in the City of Palm Springs, California. This property is also known as Riverside County Assessor's Parcel Number 513-091-003. Parcel B: "The McKinney Parcel". This is a 6,970 square foot vacant parcel of land located on the north side of at West Sunny Dunes Road about 109 feet west of the intersection of Sunny Dunes Road and Palm Canyon Drive. The common address for this property is 190 West Sunny Dunes Road in the City of Palm Springs, California. This property is also known as Riverside County Assessor's Parcel Number 513-290-013. My proposal includes two options: Option I is to prepare a single appraisal report that includes a separate and distinct Market Value estimate of each subject property, A and B. Although this option results in only one report document, it will include two separate property descriptions, two property histories, two analysis of highest and best use, two separate sales comparison approaches and two separate estimates of Market Value, one for each subject property. My professional fee for Option 1 will be $3,600. Option 2 to prepare two completely separate appraisal reports, one for each subject property. My professional fee for Option 2 will be $2,200 per report or a total of$4,400. The purpose of these appraisals will be to estimate and report my opinion of the "As Is" Market Value of the Fee Simple Interest in each subject. Both 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 each physically and legally exists. Use of these appraisals is to provide the client, the Successor Agency of the Palm Springs Redevelopment Agency, information in determining the Market Value of the subject land for a potential sale. We will prepare a complete appraisal reports using a Narrative Appraisal Report Format. Each Market Value estimate will be made using a Sales Comparison Approach. All reports will include photos of the subject property and each comparable property, Riverside County parcel maps, maps and aerial photos of the comparable sale properties, sales comparison and adjustment grids and a location map of all of the comparable sale properties. All appraisals will comply with the Uniform Standards of Professional Appraisal Practice (USPAP). The targeted time for completion of either option is 35 days from the date we receive a signed copy of this letter authorizing us to proceed with the appraisal. Respectfully submitted, YEOMANS & COMPANY Approved by Client % L t r Michael P. Yeomans Signature State Certified General Real Estate Appraiser CA Certification Number: AG022580 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:515l16 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; WAIVED 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; WAIVED-Copy of Personal Automobile Insurance Policy only 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000) annual aggregate is: X required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:515/16 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 72W90 14 Revised:U5116 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:5/5M6