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HomeMy WebLinkAbout06545 - DOZIER APPRAISAL CO FOR NPC AND CHINO ROAD APPRAISALS APPRAISAL SERVICES AGREEMENT THI PPRAISAL SERVICES AGREEMENT (the "Agreement") is made this day of , 2015 (herein referred to as the "Effective Date") by and between the City of Palm Springs, a California charter city ("City"), and DOZIER APPRAISAL COMPANY ("Consultant"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the reasonable satisfaction of CITY the services set forth in Exhibit "A" to this agreement. As a material inducement to CITY to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary. 2. Compensation and Fees. a. Consultant shall be paid in accordance with the rates attached hereto as Exhibit "A", but in no event shall Consultant's total compensation for all services performed under this Agreement exceed Five Thousand Five Hundred Dollars ($5,500.00) 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 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 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 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 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 Inspection of Records. In accordance with generally accepted accounting principles, Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days notice from City Manager, and copies thereof shall be furnished if requested. 14. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 16. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party 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 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": DOZIER APPRAISAL COMPANY CITY OF PALM SPRINGS C/O Raymond L. Dozier, MAI C/O John S. Raymond 73-350 El Paseo, Ste. 206 P.O. Box 2743 Palm Desert, CA 92260 Palm Springs, CA 92263-2743 (760) 776-4200 (B) (760) 323-8228 (760) 776-4977 (Fax) (760) 322-8325 (Fax) IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" DOZIER APPRAISAL COMPANY CITY OF PALM SPRINGS By: Raymond L. Doziey, By: David H. Ready,Esq.,Ph.D. i City Manager i Reviewed by: APPROVED BY CITY MANAGER �� A6511�i John S. Raymond,Director Comjmunilyylconomic Develop ent ATTEST: Csto Form: ity Clerk Douglas C.Holland,City Attorney EXHIBIT A SCOPE OF SERVICES Consultant shall prepare an appraisal of four parcels located at the northwest corner of North Palm Canyon Drive and Chino Road. The appraisal shall be performed as an Eminent Domain Appraisal of a full taking by a public agency, under the California Civil Code procedures. Consultant's AGREEMENT (attachment) describes the work to be performed under this Appraisal Services Agreement. The parcels are 505-322-001 (26,193 s.f.), 505-322-002 (26,201 s.f), 505-322-003 (26,075 s.f.), and 505-322-004 (26,058 s.f). Timeline The Consultant shall commence with the appraisal on the effective date of this Agreement. Consultant shall provide notice to the Property Owner of the intent to appraise the property as a full taking by a public agency, under the California Civil Code procedures, upon notice from the City that an easement for public access across the sidewalk portion of the subject property in favor of City has been successfully recorded with the County Recorder. Upon receipt of such notice, Consultant shall schedule a walk-through of the property with the property owner no later than March 25, 2015. Consultant shall produce the report and deliver to the City no later than April 1, 2015. AGREEMENT This agreement is made and entered into among/between Dozier Appraisal Company, 73-350 E1 Paseo, Suite 206, Palm Desert, California 92260, hereinafter referred to as the Appraiser; and the City of Palm Springs, Attn: Mr. John Raymond - City Attorney, 3200 E. Tahquitz Canyon Way, hereinater referred to as the Client and the intended user of the appraisal. Witnesses, that whereas Appraiser is a real estate appraisal firm and Client is desirous of retaining their services regarding the "as is" market value of two separate improved properties. PROPERTY NO. 1 is a 9. 8 acre parcel currently improved with the Plaza Racquet Club and three portable classroom buildings. This property is located 1450 Baristo Road, Palm Springs, California. PROPERTY NO. 2 is a two+/acre Indian land lease currently improved with school administrative buildings. This property is located at 980 - 1000 E. Tahquitz Way, Palm Springs, California. NOW, THEREFORE, the Client and the Appraiser in consideration of their mutual covenants herein agree in respect of the performance of professional services by the Appraiser and the payment for those services by the Client, as set forth below. Section I - Scope of Services 1. 1 The scope of services to be provided the Client by the Appraiser shall be as follows: The purpose of each appraisal is to estimate the "as is" MARKET VALUE of each property's REAL PROPERTY INTEREST if each property were sold to separate purchasers as of the date of appraiser inspection. The appraisal will NOT include any personal property that would normally be taken by the tenant or any intangible business value that may currently exist regarding the tennis club. The function or use of each appraisal is for possible purchase of the properties. SCOPE OF WORK PROPERTY NO. I The appraisal will utili ' ze three valuation techniques (Sales Comparison, Cost Approach, and Income Approach) at stabilized occupancy and market rent based on the subject's highest and best use. After reconciling the three valuations into a single market value, the appraisal will analyze the existing leases and their contract rents as to any value impact on the previous reconciled market value. This result will indicate the subjects "as is" market value of the LEASE FEE INTEREST as of the date of inspection. DOZIER APPRAISAL COMPANY Palm Desert,California PROPERTY NO. 2 The appraisal will utilize three valuation techniques (Sales Comparison, Cost Approach, and Income Approach) at stabilized occupancy, market rent and in FEE SIMPLE INTEREST (ignoring the existing ground lease) based on the subject's highest and best. use. a�4: Page 2 of 3 Mr. John Raymond, City Attorney After reconciling the three valuations into a single market value, the appraisal will analyze the existing long-term ground lease and its impact on the previous. reconciled market value. This result will indicate the subjects "as is" market value of the LEASEHOLD INTEREST as of the date of inspection. The property rights being appraised establish the LEASE FEE INTEREST (Property No. 1) and the LEASEHOLD INTEREST (Property No. 2) . all future benefits that may be derived from the property's present or possible use, except for existing easements, rights-of-way of record and current leases. The appraisal is to be made according to the current Uniform Standards of Professional Appraisal practice (USPAP) ; and the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. The client has requested FULLY DEVELOPED APPRAISALS, reported in a separate NARRATIVE APPRAISAL REPORT FORMATS which will lead the reader to the appraiser's conclusions of value for each property. 1.2 Time of Performance for the finished appraisal report shall be targeted for 30 days and subject to appraiser's receipt of items requested in section 2. 1 of this agreement. Section 2 - Information to be Provided by Client 2 . 1 The following shall be provided the Appraiser by the Client: (a) Current survey, if any; (b) Preliminary title report, if any. (c) Existing leases a-jid current rents for Property No. 1; (d) Existing ground lease and current ground rent payments; (e) Any major capital improvements to the improved properties in the last three years. (f) APN numbers for both properties. DOZIER APPR BAL COMPANY i Page 3 of 3 Mr. John Raymond, City Attorney Section 3 - Amount of Payment for Services and Expenses of the Appraiser 3. 1 The above described services shall be provided the Client by the Appraiser for the following: (a) Total fee of $11, 000 ($6, 500 for Property No. 1 and $4, 500 for Property No. 2) for FULLY DEVELOPED APPRAISALS reported in separate NARRATIVE APPRAISAL REPORT FORMATS completed by Mr. Raymond L. Dozier-, MAI. Two report originals plus one (1) electronic copy, for each appraisal, will be delivered to the client. Section 4 Method of Payment 4. 1 Total appraisal fee is due upon completion and delivery of the reports. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement of-the day and year written below. bEnomic JPA SPRINGS aft-DBYRaymond JNy ommunity and , J Development — Raymohd L. Dozier,/MAI DOZIER APPRAISAI Prbposal Date: Agreement Date: CITY OF PALM SPRINGS Doug ffolland By: David M. Rea y, Esq., Ph.D. City Manager APPROVED BY CITY MANAGER ATTES1% �itycic DOZIER APPRAISAL COMPANY APPRAISAL SERVICES AGREEMENT THIS APPRAISAL SERVICES AGREEMENT (the "Agreement") is made this 31st day of July, 2014 (herein referred to as the "Effective Date") by and between the City of Palm Springs, a California charter city ("City"), and DOZIER APPRAISAL COMPANY ("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 Seven Hundred Dollars ($3,700.00) 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. Chanee Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by CITY to Consultant. 5. Licenses. Consultant represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Consultant and its subcontractors shall maintain all appropriate licenses, during the performance of this Agreement. 6. Independent Contractor. At all times during the 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 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 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 Inspection of Records. In accordance with generally accepted accounting principles, Consultant shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City Manager shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days notice from City Manager, and copies thereof shall be furnished if requested. 14. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction of California courts. 15. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 16. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party 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 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": DOZIER APPRAISAL COMPANY CITY OF PALM SPRINGS C/O Raymond L. Dozier, MAI C/O John S. Raymond 73-350 El Pasco, Ste. 206 P.O. Box 2743 Palm Desert, CA 92260 Palm Springs, CA 92263-2743 (760) 776-4200(B) (760) 323-8228 (760) 776-4977 (Fax) (760) 322-8325 (Fax) IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONSULTANT" "CITY" DOZIER APPRAISAL COMPANY CITY OF PALM SPRINGS By: Raymond L Dozi NSE1I By: John S. Raymond, Director Community Economic D velopment By: Doug Holland, City Attorney Comm . y conomic Development APPROVED BY DEPARMENT HEAD ATTEST: iity Clerk EXHIBIT A SCOPE OF SERVICES Consultant shall prepare an appraisal report to determine the AS-IS Market Rent for a 30 acre parcel based on a N,N,N long term ground lease. The Subject Property would be a parcel in the City of Palm Springs in the area north of Dinah Shore Drive and east of Crossley Road, which is a portion of PSL 351, a Master Lease held by the Agua Caliente Band of Cahuilla Indians. For appraisal purposes, a si a would consi ere to a acres and extending from the western side of the Whitewater River wash area, east of Crossley Road. Except for access and egress, the City parcel would not have frontage on either Crossley Road or Dinah Shore Drive.