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HomeMy WebLinkAbout06584 - LARRY L. SIMON & ASSOC. APPRAISER APPRAISAL SERVICES AGREEMENT THIS APPRAISAL SERVICES AGREEMENT ithe --Agreement'*) is made this 29th day of.luly, 1-01.1 (herein referred to as the -Effeciixe Date") by and bemeen the Cin of Palm Springs. a California charter cn% ("City--). and Lam L. Simon X Associates :appraisers ("Consultant").who agree as follmys: I. Services. Subject to the terms and conditions set forth in this :Agreement. Consultant shall provide to the reasonable satisfaction of Cl-1 Y the services set forth in Exhibit to this agreement. As a material inducement to CITY to enter into this Agreement. Consultant represents and warrants that it has thoroughh imestigated and considered the scope of services and fully understands the difficulties and restrictions in per-16nning the %cork. Consultant represents that it is experienced in performing the N�ork and kill lollovy professional standards in performance of the "ork. All services proN ided shall conform to all lederal. state and local lasts. rules and regulations and to prolessional standards and practices. The terms and conditions set forth in this Agreement shall control Deer am terns and conditions in Exhibit "A" to the contras. ` 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 Nice liundred Dollars (S?.4;00.00) vvithotst the prior written authorization of the Cit% Nlanaeer or the City Managers desience I"Cite Manager'-). Consultant shall be responsible fix notif}ing the Citt Manager if the not to exceed amount is about to expended. h. The aboNc fcc shall include all costs. includia_• but not limited to. all clerical. administrative. overhead. insurance. reproduction, telephone. tratcl. auto rental. subsistence and all related expenses. 3. Payment. a. As scheduled services are completed. Consultant shall submit ut CITY an invoice for the services completed. authorized expenses and authorized extra x%ork actually performed or incurred. b. CITY ttili pa} Consultant the amount invoiced ttithin thim_ (301 days after the approral of the invoice. C. Paxment shall constitute payment in frill for all services. authorized costs and authorized extra pork coycred by that invoice. 4. Change Orders. No payment for extra services caused b\ a change in the scope or complexity of work. or for any other reason. shall be made unless and until such extra sort ices and a price therefore lia\e been previously authorized in writing and approved b\ the Cin Nlanager as an amendment to this Aorectnent. The amendment shall set forth the charues of work. extension of time for preparation. and adjustment of the fee to be paid b7 CITY to Consultant. Z; Licenses. Consuhant represents that it and an\ subcontractors it ma\ engage. possess anc and all licenses which are required under state or federal latt to perform the work contemplated b\ 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 term of" this Aereement. Consultant shall bean independent contractor and not an emplo\ee of CITY. MY Y shall have the right to control Consultant onl% insofar as the result of Consultar.i s services rendered pursuant to this Agrccmcnt. CIT1" shall not have the right to control the means b\ which Consultant accomplishes ;ervices rendered pursuant to this Agreement. Consultant shall. at its sole cost and expense. furnish all facilities. materials and equipment y\hich mac be required for furnishing services pursuant to this Agreement. Consultant acknowledges that Consultant and am subcontractors. agents or emplo\ecs employed br Consultant shall not_ under an\ circumstances. be considered employees of CH Y. 7. Consultant Aol Agent. Except as C I I Y may spccify in writing and as set forth in this Agreement_ Consultant shall have no authorin. express or implied. to act on behalf of CITY in. any capacity whatsoever as an aeent- Consultant shall ;tare no aathori%. express or implied. to bind CITY to anc obligation whatsoever. 8. Assignment or Subcontracting. No assignment or subcontractim M Consultant of an} part of this Agreement or of funds to be received under this Agreement shall be of ally force or effect unless the assignment has had the prior written approval of CII Y. CII l" tnay terminate this Agreement ratlicr than accept an\ proposed assignment or subcuntlacling. . 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 Sl.000.000. Consultant agrees to keep such polio% in force and effect for at least three \cars from the date oC completion of this Agreement as long as such insurance is ayailab!e on reasonabh acceptable terms. Consultant shall provide a certificate of insurance eyidencina such coverage. 10. Time Is of the Essence. Time is of the essence in this Aurcemenl. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. It. Products of Consultant. The documents and appraisal report and other products produced or prov ided by Consultant fix this :Aureement shall become the propem of CITY upon receipt. Consultant shall deliver all such products to CITY prior to paNment fix same. CH Y may use. reuse or othcry\ise utilized such products. but onl\ in connection with ("it\'s purchase or acquisition of the prrperiy that is the subject of the appraisal. 12. Termination. City ManaLer maN for an\ reason terminate this Agreement br eking the Consultant not less titan five (>i days written notice of intent to terminate. Upon receipt of such notice. the Consultant shall immediate) cease work. unless the notice from City Manager proxides othemise. Upon the termination of this .agreement. CITY shall pay Consu]tant for services satisfactorily provided and all allovyable 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 %%ithhold am_ disputed compensation. CITY shall not be liable for any claim of lost profits. 13. Maintenance and Inspection of Records. In accordance with general]\ accepted accounting principles. Consultant shall maintain reasonably full and complete books. documents. papers. accounting records. and other information (collectivcy. the "record;) pertaining to the costs of and completion of services performed winder this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the sen ices provided under this ALreenhcnt. Consultant shall maintain all such records for a period of at least three 1.3) }cars after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its oflices during normal business hours and upon three )3) days notice from City %lanager. and copies thereof shall he furnished if requested. 14. Governing Law. This Agreement shall be construed in accordance \\ith and governed by the layvs of the State of California and Consultant agrees to submit to the jurisdiction of Ca:iforia courts. 13. Integration. This Agreement constitutes the entire agreement of the parties. No other agreenhent. oral or written. pertaining to the work to be performed under this Agreement shall be of any t6rCe or effect unless it is in \Aritin- and signed bN both parties. AnN �wrk performed vyhich is inconsistent with or in violation of the provisions of this :Agreement shall not be compensated. 16. Notice. Except as othemise provided herein. all notices required under this Agreement shall be in writing and delivered personal]y or by first class mail. postage prepaid- to each party at the address listed bclota. Either part% max change the notice address by notifying the other pam in writing. Notices may be sent by either facsimile or L S. Mail. Notices shall be deemed receked upon receipt of same or within 3 days ofdeposit in the U.S. Mail. whichever is earlier. Notices sent by facsimile shall be deemed recened on the date of, the facsimile transmission. TO "CONSULTANT' TO`CITY": Larn L. Simon, MAI John S. Ras mond 75-153 Spyglass Drive City of Pahn Springs Indian Wells. CA 9"10 P.O. Box 2743 Phone: 760.610.1820 Palm Springs. CA 92262 Fax: 760.262.3149 Phone: 760.32 3.8228 E-Mail: simon.appraiser ii gmail.com John.Ra%mond a palmspringsca.goy IN WITNESS of this A_reement. the patties haw entered into this :\greement as of the tear and day first aboN e %�ritten_ C'ONSLLTANT" "CITY" LARRY L. SIMON & ASSOCIA 1 FS CH Y OF PAIAI SPRI\GS By � ��� 13c John S. Racmond. Director COmmUnil) K Economic DeNclopmem RN. , I lol land. Citc Auornc� Communitc K Economic Derclopnrent IN WITNESS of this Agreement,the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" LARRY L.SIMON`&ASSOCIATES CITY OF PALM SPRINGS By: ) By: John S. Raymond,Director Community&Economic Deve opment J By. Holland. City Attorney Comm�ity&Economic Development ATTEST: , U.irLU"'r ity Clerk 3 APPROVED BY DEPARMENT HEAD hkt,��mp0 Ab�l� EXHIBI I A SCOPI: OF S[:Rvlcr:s AITACI IFD AS APPRAISER'S PROPOSAL LARRY L. SIMON, MAI Real Estate Appraiser and Consultant Member, Appraisal Institute 75153 Spyglass Drive • Indian Wells, CA 92210 (760) 6I0-1820 • FAX (760) 263-31d9 • E-Mail: simon.appraiser'a;gmail.com Ju1c 24. 2014 John S. Ray mmnd Director of COt11111Littit\ & Economic Development City of Palm Springs P.O. Box 274, Palm Springs. CA 92263-2743 Re: Appraisal Services Proposal Agreement Rao Land Former Resen oir Parcel S\\'C of North Palm Canyon Drivc and 11 est Steens Road Palm Springs. CA 92263 (APV 5,Oi-182-010'RnersideComm Dear .Mr. RaNnond: This proposal is submitted to prov ide real property appraisal sera ices concerning the abo%e- reierenced propem. It is m\ understanding that the scope of%vork is to det elop a current as is market value of the fee simple interest in the subject propem. The appraisal is prepared for the CXcIL61%C use onl\ b\ John S. Ra%mond and respective officials of the ( it% of Palm Springs (the "Client'*). The intended use of the appraisal is to assist in a possible sale ofthe propem. The use of this appraisal h\ anyone other than the stated intended userts)and for am other use than the stated intended use. is prohibited. Further. there is no accountability. obligation or liabifity to am third part%. The report w ill he prepared in confomtity with the requirements of the Cnifonn Standards of Professional Appraisal Practice (4:SPAP). 2012-201 3 edition, and Code of professional Fthics & Standards of Professional Appraisai Practice of the Appraisal lnstiurte. Paec '_ John S. Ra%mond line 24. 2014 Estimated completion date is ithin four %%eeks of authorization. Tno copies of the report and PDF copy gill be prodded. a. _ a 1 the appraisal lee pertains onh to the completion of the appraisal report. Additional sera ices I subsequent to the completion of the appraisal report. it needed. reIatin'-' to updating III value eWLkl� opinion. consultation. ctc.. trill be billed at the rate of S'_�0.00 per hour. It is understood that tm compensation for completing this appraisal assignment is not contingent upon the development or reporting a predetermined t alue or direction in value that faa ors the cause of the Client. the amount of the talue opinion. the attainment of stipulated results. or the occurrence of a subsequent event directly related to the intended use of the appraisal. Ilthis proposal meets %\ith sour approt al- the return of an executed copx and a check in the amount of S 1.750.00 yr ill represent ms authorization to proceed yr ith the assignment. this proposal is valid until Juls :1. 2014. Thank you for the opportunity to proN ide this proposal. Should wu have am questions concerning this proposal or the subject matter thereto. I may be contacted at (760) 610-1820. Respectfull% Submitted. Lan-% L. Simon. 11A1 Approted By Date: 7• /4 ` ine: I1 n Attachment: Qualifications and Experience Summary LARRY L. SIMON, MAI Real Estate Appraiser And Consultant Member, Appraisal Institute 75-1 -53 Spyglass Drive • Indian Wells. California 92210 (760) 610-1820 • FAX ('760) 262-3149 • E-Mail: simon.appraiser'icgmail.com QUALIFICATIONS AND EXPERIENCE SUMMARY Position: Real Estate Appraiser and Consultant pro%iding a broad spectrum of valuation and consultive sery ices to financial institutions. eosernment. corporations. dcselopers. title companies. lass firms and prisate entities since 1972. Education: Bachelor of Science decree in Finance. Insurance and Real [:state. Professional Membership: MAI Designation from the Appraisal Institute— Certificate No. 731T State Certification: Certilied Gencral Real Estate Appraiser. State of California ID \o. AG004310_ Types of Properties Appraised • Residential: Single Famlls Homes. Condominium Units. Subdivisions. Condominium Planned [ nit De%clopments. Apartment Complexes. Mobile Home Parks. Recreational Vehicle Parks and Land. • Commercial: Office (Lost to Hieh Rise Single-and 'Multi-Tenant). Medical Off ice. Office Condominiums. Shopping Centers (Neighborhood and Convnunitx). Retail (Strip and Free-Standingm Auto-Care Centers, Bank Branches, Motels. Hotels. Bed & Breakfast Facilities and Land. • Industrial: Business Parks. Industrial (Sin!_le-and Multi-Tenant). Manufacturing. Warehouses. Distribution. Research & Desclopment Self=Storage Facilities. -truck Terminals and Land. • Special Purpose: Auto Dealerships. Restaurants. Bosslin,, A]IcNs. RcligiouS Facilities. Prisatc Schools. Funeral Homes. I ennis Fitness Stsim Clubs and Private Clubs. Areas of Specialization • Property Type: General and Medical Office Properties. Retail Properties. alp Industrial Properties. .Auto Dealerships. Manufactured I lcuslna'ltoblle Home'Recreational Vehicle Parks and Ground Leased Properties. • Litigation: General Valuation. Em ironmental Issues. Bankruptcy. Probate. Mobile I Ionic Park Closure and other valuation matters. Expert Testimon}': Expert %s fitness in the Superior C ourts o1 Orange and San Die;o Counties and arbitration. Geographic Areas: Counties of Orange. Los Angeles. San Die�,.o. Rit erside. San Bernardino. Fern and Vemura. Representative Clients • Financial Institutions: Bank of America. Bank of Orange Count\. Bank of the Nest. The Boston Comparn. Boston Safe Deposit& I nut Compam. Citicorp, California United Bank. City National Bank. First Bank and Trust. First California Bank. First Hattanan Bank. I lawhorne Savings. Imperial I hriti & L-oan Association_ Mission Valley Batik. Net+port Ballwa Savings. Pacific \\estern Bank. Philadelphia Savings Fund Society. Pro%ident Bank. South Bay Bank, l niversal Bank. C.S. Bank and \\ells Faro Bank. • Lave Firms: Corbett & Steelman: Gordon & Rees LLP: Katten Muchin Rosenman LLP: Kinle\ & Snskal: Kolodm & Pressman: f.illick & Mcllose: Rutan & Tucker: Palmieri. Tyler. Niener. Wilhelm & \\aldron LI.P: and Saxon. .Alt. Dean. Mason. Brcaer & Kincannon. • Others: Claremont Cni%crsit_x Center The Claremont C'olleoes: Palo Verde College and CollcL�e of the Desert.