HomeMy WebLinkAbout00534C - LIDGARD AND ASSOCIATES REAL ESTATE APPRAISALS FOR VISITOR CENTER, TENNIS CENTER, COUNTY BUILDING Page 1 of 3
Kathie Mart
From: Paula Sweat
Sent: March 31, 2009 8.54 AM
To: Diana Shay; Kathie Hart
Subject: RE: A0534c- Lidgard &Assoc Appraisal of 3 prop (Visitors ctr, Tennis Ctr& County Bldg-Justice Ctr)
The work was completed and purchase order was closed on 6-13-08.
Please consider the environment before printing this email
From: Diana Shay
Sent: Tuesday, March 31, 2009 8:40 AM
To: Paula Sweat
Subject: FW: A0534c - Lidgard &Assoc Appraisal of 3 prop (Visitors ctr, Tennis Ctr&County Bldg-Justice Ctr)
Paula,
Have we closed out and paid for these appraisals. They were done about a year ago. Thanks,
Diana Shay
Redevelopment Coordinator
City of Palm Springs
760-323-8260
From: Kathie Hart
Sent: Monday, March 30, 2009 5:00 PM
To: Diana Shay
Subject: RE: A0534c - Lidgard &Assoc Appraisal of 3 prop (Visitors ctr,Tennis Ctr&County Bldg-Justice Ctr)
Ok thx
G
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
"' (760) 323-8206 1 8 (760) 322-8332
F Kathie.Hart@PalmSpringsCA,gov
From: Diana Shay
Sent: March 30, 2009 4:59 PM
To: Kathie Hart
Subject. RE: A0534c - Lidgard &Assoc Appraisal of 3 prop (Visitors ctr,Tennis Ctr&County Bldg-Justice Ctr)
03/31/09
Revised: 3123/07
PROFESSIONAL SERVICES AGREEMENT
Real Estate Appraisal Services for Tbree (3) City-Owned Properties in Palm Springs, California
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into, to be effective this 1st day of February, 2008, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public
body, corporate and politic (hereinafter referred to as "Agency") and Lidgard and Associates,
Inc. a Real Estate Appraisal and Consultation Company ("Consultant")_ Agency and Consultant
are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively
referred to as the"Parties,"
RECITALS
A. Agency requires Real Estate Appraisal Services for three (3) City-Owned
Properties in Palm Springs, CA("Project"),
B, Consultant has submitted to Agcncy a proposal to provide Real Estate Appraisal
and Consulting services to Agency pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to Agency for the Project and desires to provide such
services.
D. Agency desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained berein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows_
AGREEMENT
I. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set fortb in the Scope of
Services described in Exhibit "A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the "Services" or "Work")- As a material inducement to the
Agency entering into this Agreement, Consultant represents and warrants that Consultant is a
provider of first class work and professional services and that Consultant is experienced in
performing the Work and Services contemplated herein and, in light of such status and
experience, Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required hereunder. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized as high
quality among well-qualified and experienced professionals performing similar work under
similar circumstances.
Revised: 3/23107
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2)the Scope of Services; (3) the Agency's Request for
Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency
("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract
Documents." The Agency's Request for Proposals and the Consultant's Proposal, which are
both attached hereto as Exhibits "B" and"C,"respectively, are hereby incorporated by reference
and are made a part of this Agreement. The Scope of Services shall include the Consultant's
Proposal. All provisions of the Scope of Services, the Agency's Request for Proposals, and the
Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist
in the Contract Documents, the conflict or inconsistency shall be resolved by applying
the provisions in the highest priority document, which shall be determined in the following order
of priority: (0)the provisions of the Scope of Services (Exhibit "A"); (2') the provisions of the
Agency's Request for Proposal (Exhibit "B"); (3") the terms of this Agreement; and, (4"') the
provisions of the Consultant's Proposal (Exhibit"C").
1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder
shall be performed in accordance with all applicable federal, state, and local laws, statutes, and
ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1.4 Licenses, Permits, Fees_, and Assessments. Consultant represents and warrants
to Agency that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession and perform the Work and Services
required by this Agreement. Consultant represents and warrants to Agency that Consultant shall,
at its sole cost and expense, keep in effect at all times during the term of this Agreement, any
license, permit, qualification, or approval that is legally required for Consultant to perform the
Work and Services under this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Consultant's performance of the Work and
Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency
against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against Agency hereunder.
1.5 Fainifiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) £ally
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services hereunder. Should the Consultant
discover any latent or unknown conditions that will materially affect the performance of the
Services hereunder, Consultant shall immediately inform the Agency of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the Agency.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components thereof to prevent losses or damages, and
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Revised: 3/23/07
shall be responsible for all such damages, to persons or property,until acceptance of the Work by
the Agency, except such losses or damages as may be caused by Agency's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both Parties agree to
act in good faith to execute all instruments,prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. Agency shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting from
such Work. No such extra work may be undertaken unless a written order is first given by the
Agency to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract
Amount, as deemed below, and/or(ii) the time to perform this Agreement, which adjustments are
subject to the written approval of the Consultant. Any increase in compensation of up to twenty-
five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the
time to perform of up to thirty (30) days, may be approved by the Executive Director, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring either
separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Consultant that the provisions of this section shall not apply to the services
specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of
whether the time or materials required to complete any work or service identified in the Scope of
Services exceeds any time or material amounts or estimates provided therein.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by Agency in accordance with the Schedule of
Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference,
but not exceeding the maximum contract amount of Twelve Thousand Five Hundred Dollars,
($12,500.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be
provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in
Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone
expenses, and transportation expenses must be approved in advance by the Contract Officer
designated pursuant to Section 4.2 and will only be approved if such expenses are also specified
in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance
of Consultant at all Project meetings reasonably deemed necessary by the Agency. Consultant
shall not be entitled to any increase in the Maximum Contract Amount for attending these
meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in
the Scope of Services may be more costly and/or time-consuming than Consultant anticipates,
that Consultant shall not be entitled to additional compensation therefore, and that the provisions
of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The
maximum amount of Agency's payment obligation under this section is the amount specified
berein. If the Agency's maximum payment obligation is reached before the Consultant's
Services under this Agreement are completed, consultant shall nevertheless complete the Work
324762.1 3
Revised: 3123l07
without liability on the Agency's part for further payment beyond the Maximum Contract
Amount.
2.2. Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, no later than the tenth (10) working day of such month, Consultant shall submit to the
Agency, in a form approved by the City's Finance Director, an invoice for services rendered
prior to the date of the invoice. Such requests shall be based upon the amount and value of the
services performed by Consultant and accompanied by such reporting data including an itemized
breakdown of all costs incurred and tasks performed during the period covered by the invoice, as
may be required by the Agency. Agency shall use reasonable efforts to make payments to
Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is
reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scone. In the event any change or changes in the Scope of Services
is requested by the Agency, the Parties shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional professional fees. An amendment may be entered into: (a) to provide for revisions or
modifications to documents or other work product or work when documents or other work
product or work is required by the enactment or revision of law subsequent to the preparation of
any documents, other work product, or work; and/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.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to the Agency.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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 (Txhibit"E").
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to
this Agreement upon receipt of a written, notice to proceed and shall perform all Services within
the time period(s) established in the Schedule of Performance, which is attached hereto as
Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions
to the time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer, but such extensions shall not exceed one hundred eighty (180) days
cumulatively; however, the Agency shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence of
52476,.1 4
Revised: 3/23/07
the Consultant (financial inability excepted), including, but not limited to, acts of God or of the
public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency,
including the Agency, if Consultant, within ten (10) days of the commencement of such delay,
notifies the Executive Director in writing of the causes of the delay. The Executive Director
shall ascertain the facts and the extent of delay, and extend the time for performing the Services
for the period of the enforced delay when and if in the judgment of the Executive Director such
delay is justified. The Executive Director's determination shall be final and conclusive upon the
Parties to this Agreement. In no event shall Consultant be entitled to recover damages against
the Agency for any delay in the performance of this Agreement, however caused, Consultant's
sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall commence upon the effective date of this Agreement and continue in full force
and effect until completion of the Services but not exceeding three (3) years from the date
hereof, except as otherwise provided in the Schedule of Performance (Exhibit"E") and pursuant
to Section 3.2 above, unless extended by iuutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the Services to be performed under this Agreement and make all decisions in
connection therewith: Scott A. Lidgard, MAT, CCIM, President. It is expressly understood that
the experience, knowledge, education, capability, expertise, and reputation of the foregoing
principal is a substantial inducement for Agency 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
performed heieimder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract officer.
4.2 Contract Officer. The Contract officer shall be such person as may be
designated by the Executive Director of Agency, and is subject to change by the Executive
Director. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept
fully informed of the progress of the performance of the Services, and the Consultant shall refer
any decisions which must be made by Agency to the Contract Officer. Unless otherwise
specified herein, any approval of Agency required hereunder shall mean the approval of the
Contract officer. The Contract Officer shall have authority to sign all documents on behalf of
the Agency required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant
shall not assign the performance of this Agreement, nor any part thereof, nor any monies clue
hereunder, voluntarily or by operation of law, without the prior written consent of Agency.
Consultant shall not contract with any other entity to perform the Services required under this
514762.1 5
Revised: 3/23/07
Agreement without the prior written consent of Agency. If Consultant is permitted to
subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for
the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships
between any subcontractor and Agency. All persons engaged in the 'Work will be considered
employees of Consultant. Agency will deal directly with and will make all payments to
Consultant. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written consent of Agency. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of Consultant,
taking all transfers into account on a cumulative basis. In the event of any such miapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved
transfer shall release Consultant or any surety of Consultant from any liability hereunder without
the express written consent of Agency.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant an Agency employee. ]wring
the performance of this Agreement, Consultant and its officers, employees, and agents shall act
in an independent capacity and shall not act as Agency officers or employees. The personnel
performing the Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees,
or agents shall have control over the conduct of Consultant or any of its officers, employees, or
agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall
not maintain an office or any other type of fixed business location at Agency's offices. Agency
shall have no voice in the selection, discharge, supervision, or control of Consultant's
employees, servants,representatives, or agents, or in fixing their number, compensation, or hours
of service. Consultant shall pay all wages, salaries, and other amounts due its employees in
connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding,
unemployment compensation, workers' compensation, and other similar matters. Agency shall
not in any way or for any purpose be deemed to be a partner of Consultant in its business or
otherwise a joint venturer or a member of any joint enterprise with Consultant-
B. Consultant shall not incur or have the power to incur any debt, obligation,
or liability against Agency, or bind Agency in any manner.
C. No Agency benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement. Except for
professional fees paid to Consultant as provided £or in this Agreement, Agency shall not pay
salaries, wages, or other compensation to Consultant fox the performance of Services under this
Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its
officers, employees, or agents, for injury or sicAatess arising out of performing Services
hereunder. If for any reason any court or governmental agency determines that the Agency has
5247621 6
Revised: 3/23107
financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature
relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, or agents, Consultant shall indemnify Agency for all such
financial obligations.
5. INSURANCE
5.1 Topes of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to Agency, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. In the event the Executive
Director determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the Agency, the Consultant agrees that the minimum limits
of the insurance policies may be changed accordingly upon receipt of written notice from the
Executive Director or his designee. Consultant shall immediately substitute any insurer whose
A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required
hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the Agency that
Consultant is unaware of any professional liability claims made against Consultant and is
unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant
does not provide the certification pursuant to (a), Consultant shall procure from the professional
liability insurer an endorsement providing that the required limits of the policy shall apply
separately to claims arising from errors and omissions in the rendition of services pursuant to this
Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the
policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of three (3) years from the date of the completion of the Services provided
hereunder. In the event of termination of the policy during this period, Consultant shall obtain
continuing insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the Executive Director-
(3) In the event the policy of insuuance is written on an "occurrence"
5247621 7
Revised: 3/23/07
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement-
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the Agency and to require each of its
subcontractors, if any, to do likewise raider their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the Agency's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property darnage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director prior to commencing any
work or services under this Agreement. Consultant guarantees payment of all deductibles and
self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions
in excess of $10,000, and the Executive Director may require evidence of pending claims and
claims history as well as evidence of Consultant's ability to pay claims for all deductible
amounts and self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
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Revised: 3/23107
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects Agency and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained
by the Agency and its officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
5.32 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to Agency and its
officers, council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to the Agency or its operations shall limit the application of
such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs
the coverages set forth herein (e.g., elimination of contractual liability or
reduction of discovery period),unless the endorsement has first been submitted to
the Executive Director and approved in writing.
5.3.5 Consultant agrees to require its insnu-er to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the endorsements.
Certificates of insurance will not be accepted in lieu of required endorsements,
and submittal of certificates without required endorsements may delay
commencement of the Project. It is Consultant's obligation to ensure timely
compliance with all insurance submittal requirements as provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in confom-iity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the Project will be submitted to the
Agency for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part
of the Agency to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the Agency nor does
it waive any rights hereunder in this or any other regard.
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Revised: 3/23107
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. .Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to
Agency no later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be limiting
or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this section.
53.11 Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the Work performed under this Agreement and
for any other claim or loss which may reduce the insurance available to pay
claims arising out of this Agreement. Agency assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve Agency, or to reduce or dilute
insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
5.4 Sufficienev of Insurers. Insurance required herein 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 such requirements are waived in writing by the Executive Director or his designee
due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish Agency with both certificates
of insurance and endorsements, including additional insured endorsements, affecting 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 Agency before work commences. Agency 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
5247621 10
Revised: 3123/07
and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the Community Redevelopment Agency of 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:
L "The Community Redevelopment Agency of the City of Palm Springs, its officials,
employees, and agents are named as an additional insured... " ("as respects City of Palm
Springs Community Redevelopment Agency Contract Na" or 'for any and all work
performed with the Agency"may be included in this statement).
2. "This insurance is primary and non-contrrbufory over any insurance or self-
insurance the Agency may have..." ("as respects City of Pahn Springs Community
Redevelopment Agency Contract No. " or "for any and all work performed with the Agency"
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.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrobation in favor of Agency, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the Community Redevelopment Agency of the City
of Pahn Springs shall be named the certificate holder on the policies. All certificates of
insurance and endorsements are to be received and approved by the Agency 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.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless Agency and its officers, council
members, officials, 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
52a762.I 11
Revised: 3/23/07
Consultant's negligent, reckless, or willful performance of or failure to perfonn 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 Agency, its officers, council members,
officials, employees, or agents.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Inderrmified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified
Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Parry
all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified
Claims, whether or not Consultant is named as a party to the Claim proceeding. The
determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims"
shall be based on the allegations made in the Claim and the facts known or subsequently
discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or
other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate
to the negligence, recklessness, or willful misconduct of Consultant to any extent, then Agency
shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against
such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees,
litigation costs, and expenses that were incurred defending Consultant or any parties other than
Indemnified Parties against such Claims.
Consultant's indemnification obligation hereunder shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters
indemnified hereunder are frilly 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. REPORTS AND RECORDS
7.1 Accounting 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 to 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.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement as the
Contract Officer shall require. Consultant hereby acknowledges that the Agency is greatly
concerned about the cost of the Work and Services to be performed pursuant to this Agreement.
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the Work or
Services contemplated herein or, if Consultant is providing design services, the cost of the
project being designed, Consultant shall promptly notify the Contract Officer of such fact,
5247627 12
Revised: 3123107
circumstance, technique, or event and the estimated increased or decreased cost related thereto
and, if Consultant is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall
be the property of Agency and shall be promptly delivered to Agency upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by Agency of its
full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of incomplete documents without specific written
authorization by the Consultant will be at the Agency's sole risk and without liability to
Consultant, and the Agency shall indemnify the Consultant for all darnages resulting therefrom.
Consultant may retain copies of such documents for its own use. Consultant shall have an
unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its
subcontractors shall provide for assignment to Agency of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
Agency for all damages resulting therefrom.
7.4 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. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without Agency's prior written
authorization.
7.5 .Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of Agency, Consultant shall provide Agency, or other agents of
Agency, such access to Consultant's books, records, payroll documents, and facilities as Agency
deerns necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books,records, data, and documents in accordance with generally
accepted accounting principles and shall clearly identify and make such items readily accessible
to such parties during the term of this Agreement and for a period of three (3) years from the date
of final payment by Agency hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to perfonnance 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 Cotmty, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
5247621 13
Revised: 3/23/07
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve die objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, ashy 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.
8.3 Termination. Agency may terminate this Agreement for its convenience at any
time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice.
Upon such notice, Agency shall pay Consultant for Services performed through the date of
termination. Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further
claims against the Agency under this Agreement. Upon termination of the Agreement pursuant
to this section, Consultant shall submit to the Agency an invoice for work and services
performed prior to the date of termination. In addition, the Consultant reserves the right to
terminate this Agreement at any time, with or without Cause, upon sixty (60) days written notice
to the Agency, except that where termination is due to material default by the Agency, the period
of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the Executive Director, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as Agency may designate, to cure the default by rendering satisfactory performance. In
the event Consultant fails to cure its default within such period of time, Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice of any remedy to which Agency may be entitled at
law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable
costs incurred by Agency as a result of such default. Compliance with the provisions of this
section shall not constitute a waiver of any Agency right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit Agency's right to terminate this
Agreement without cause pursuant to Section 8.3.
C. If termination is due to the faihue of the Consultant to fulfill its
obligations under this Agreement, Agency may, after compliance with the provisions of Section
8.4.13, take over the work and prosecute the same to completion by Contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the Maximum Contract Amount (provided that the Agency shall use
reasonable efforts to mitigate such damages), and Agency may withhold any payments to the
Consultant for the purpose of set-off or partial payment of the amounts owed the Agency as
5247621 14
Revised: 3123/07
previously stated. The withholding or failure to withhold payments to Consultant shall not limit
Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Riehts and Remedies 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 and the exercise by either Parry 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.
8.7 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 declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses, including but not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding
within thirty (30) days of the date set for trial or bearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
9. AGENCY OFFICERS AND )rMPLOYEES: NON-DISCRIMINATION
9.1 Nan-liability of Agency Officers and Employees. No officer or employee of the
Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of
any default or breach by the Agency or for any amount which may become due to the Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the Agency shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership, or association in which he/she is, directly or
indirectly, interested in violation of any state statute or regulation. Consultant warrants that is
has not paid or given and will not pay or give any third party any money or other consideration
524762 1 15
Revised: 3/23/07
in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, or national origin.
Consultant shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or
national origin. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by Agency or Consultant against patent or copyright infringement, statutory or
otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against
Agency on account of any allegation that any item furnished under this Agreement, or the normal
use or sale thereof arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages
finally awarded in any such suit or claim, provided that Consultant is promptly notified in
writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant. However,
Consultant will not indemnify Agency if the suit or claim results from: (1) Agency's alteration of
a deliverable, such that Agency's alteration of such deliverable created the infringement upon
any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in
combination with other material not provided by Consultant when it is such use in combination
which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify
Agency under any settlement made without Consultant's consent or in the event Agency fails to
cooperate in the defense of any suit or claim, provided, however, that such defense shall be at
Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim,
Consultant, at no expense to Agency, shall obtain for Agency the right to use and sell the item, or
shall substitute an equivalent item acceptable to Agency and extend this patent and copyright
indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission, and shall be deemed received upon
the earlier of (i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; (ii) five (5) business days after the
52476,.1 16
Revised: 3/23/07
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To Aeenev: City of Palm Springs Community Redevelopment Agency
Attention: Executive Director&Assistant Secretary
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Lidgard and Associates, Inc.
2808 E. Katella Avenue, Suite 107
Orange, CA 92867-5246
Attention: Scott A. Lidgard,MAI, CCIM, President
Telephone: (562) 988-2926
Facsimile: (714) 633-8449
10.3 Entire Agreement, This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in
writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein,
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 hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party aclmowledges and agrees that such
Party is bound, for purposes of this Agreement, by the same.
521762.1 17
Revised: 3/23/07
10.8. Corporate ,Authority. Each of the undersigned represents and warrants that (i)
the Parry for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
52d7611 18
Revised: 3123107
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as
of the date first written above.
"AGENCY"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS,
a public body, corporate and politic
DAVID II. READ
Executive Director
ATTEST: _-
APPROVED BY D'ECU I N: N�u�mL Ulh
WOO PDN-L
.AMES THOMPSON,
Assistant Secretary
Not To Exceed ��2���
APPR V S TO FORM: Without The Express Written
Authorization Of The City
Manager.
Y
DOUGLAC'JPH( AND,
Agency C o nsel
"CONSULTANT"
Lidgard and Associates, Inc.
B
i resid
By
S Petty fic Administrator
51,1762.1 19
Revised: 3123/07
EXHIBIT "A"
SCOPE OF SERVICES
(Note: This information is included in Exhibit C the Consultant's Proposal)
5247E2,1
��++�� Revised: 3/23/07
A+.AMIT"B"
AGENCY'S REQUEST FOR PROPOSALS
(Note: This Project was sole sourced to the appraiser given their experience with past projects
for the City of Palm Springs Community Redevelopment Agency and the fact that they are
uniquely qualified to conduct this work;therefore, there is no RPP)
5]176^_1
Revised: 3/23107
EXHIBIT "C"
CONSULTANT'S PROPOSAL
5247621
TRANSMITTED VIA EMAIL
John.raymond@palmsprings-ca.gov
January 21, 2008
Mr. John S. Raymond
Director of Community and
Economic Development
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
!_Ong Beach Office
Subject: Real Estate Appraisal Services 3353LmdenAvenue
Three City-Owned Properties Lone ng Boo
Palm Springs, California LO soS07o7-4,46 CA
(7`3
Dear Mr. Raymond:
I appreciate the opportunity of submitting this proposal for professional
real estate appraisal services pertaining to the three City-owned OrangcOOuntyOffice•
proper-ties Sudc
ies referenced below. 2808 1 KsrefieAvenue
u�tc 707
Orange, CA
The scope of our services will include (1) a review of architectural plans 92667-5245 '
and building records, when available, (2) a complete on-site field
inspection of the subject properties, (3) the research and collection of
comparable market data in the immediate and general subject market
area, (4) a valuation employing applicable methodology based on an
Telephone
analysis of the comparable market data, and (5) preparation of the 56?�s33-2s2s
formal narrative multi-parcel appraisal report in summation of the (774)633-844( 1
activities outlined above.
Facsnnle• i
The valuation studies will include all real estate items (land, building(s) (714)533-6''4,9
and appurtenant on-site improvements), exclusive of non-realty fixtures/
equipment. A current date of value will be employed in the valuation
studies.
/
The appraisal studies will comply with reporting requirements set forth /
in the Uniform Standards of Professional Appraisal Practice (USPAP), f
under Standard Rule 2-2(b) for a summary appraisal report, and will
incorporate, by reference, the data and valuation analysis contained In
our office file/database. The report will be suitable for asset valuation in
connection with proposed City-Agency transfers.
LIDOARD AND ASSOCIATES Real Estate Appral sal and Consultation
INCORPORATED
Mr. John S. Raymond
Director of Community and
Economic Development
City of Palm Springs
January 21, 2008
Page 2
Based on the amount of time estimated to complete the appraisal study, and
formal narrative multi-parcel appraisal report, the total fee is summarized as
follows
h
Property Identifieatj4n Fees,
Visitor Center $ 4,250.'
Tramway Gas Station
Tennis Center 3,800 2
7 acres, Leased Land
County Building 4,450.
Justice Complex �
Total fee, S12,500
I
'Property to be appraised with and without automobile parking lot
2 Valuation of leasehold interest; lease term extends though August 2010. l�
As can be noted, the total fee for appraisal services is $12,500, payable upon
delivery of the appraisal report. The summary appraisal report can be delivered,
in triplicate, within approximately ten to eleven weeks following receipt of your
authorization to proceed.
i
I
Please do not hesitate to contact me In the event you have any questions
regarding this proposal.
Very truly yours,
P
LIDGARD AND ASSOCIAT INC
Scott A. Lidgard, MAI, CCIM
Certified General Real Estate Appraiser
California Certification No.AG 004014
Renewal Date: March 13, 2008
SAL:kb /
i
LIDOARD AND ASSOCIATES Real Eslau Appra, al and Consultation
INCORPORATED
r
Revised: 3/23107
EXHIBIT "D"
SCHEDULE OF COMPENSATION
(Note: This infonnation is included in Exhibit C the Consultant's Proposal)
5247E2,1
Revised, 3/23/07
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
(Note: This information is included in Exhibit C the Consultant's Proposal)
524762.1