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HomeMy WebLinkAbout05223 - MERRILL APPRAISAL ANALYSIS AND VALUATION CONSULTING Page 1 of 1 (Kathie Hart From: Paula Sweat Sent: April 02, 2009 4:43 PM To: Kathie Hart Subject: RE: A5223 -Merrill Appraisal -Analysis and valuation of approx. 2,677 acres (6-week contract) Yea...I would think so---we made the final payment on 4-25-061 Paula J. Sweat Economic Development Program Assistant City of Palm Springs 3200 E.Tahquit7 Canyon Way Palm Springs, CA 92262 Phn: 760-322-8321 Fax: 760-322-8325 email: paula.sweat@palmsprings-ca.gov Please consider the environment before printing this email ' From: Kathie Hart Sent: Thursday, April 02, 2009 4:39 PM To: Paula Sweat Subject: A5223 - Merrill Appraisal -Analysis and valuation of approx. 2,677 acres (6-week contract) I believe it's well over 6-weeks old. OK to close? I � Kathie Hart, CMC Chief Deputy City Clerk City of Palm springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 (760) 323-8206 1 A (760) 322-8332 M Kathie.Hart@PalmSpring$CA.gov 04/02/09 Merrill Appraisal Analysis & Valuation Consult. AGREEMENT #5223 CM signed, 2-1-06 CITY OF PALM SPRINGS - -- CONTRACT SERVICES AGREEMENT WITH MERRILL APPRAISAL FOR CONSULTING AND APPRAISAL SERVICES THIS CON�CT SERV/I�ES AGREEMENT (herein "Agreement") is made and entered into this day of� C 2.066 , by and between the CITY OF PALM SPRINGS, a municipal corpoFation (herein "City") and Merrill Appraisal (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law 'for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein bythis reference, but not exceeding the maximum contract amount of Eighteen Thousand Nine Hundred Dollars ($18,900.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined Exhibit "B" Schedule of Compensation. ��O�It�IV�ruG 1aVV F,N Ids'/()li, Gt Gu eEEME'N I Merrill Appraisal Agreement.doc I ' i I i 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. R. Casey Merrill is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. John S. Raymond is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall be endorsed to name the City of Palm Springs, its officers, employees, and agents, as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. Merrill Appraisal Agreement.doc -2- i �I (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall Waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may tie asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence orwillful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; Merrill Appraisal Agreement.doc -3- I i (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of orfailure to perform such work, operations or ,activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2006. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination,the Contractor shall immediately crease all work or services hereunder except as may be specifically approved by the (Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. Merrill Appraisal Agreement.doc -4- 6.3 Conflict of Interest. No officer or employee of the City 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 is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval,or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Merrill Appraisal Agreement.doc - 5- 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this .Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf Of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation %ify erk City Manager eAlAGER APPROVED BY CIIY AP4Attorney, FORM: By:Cit SIGNATURES CONTINUED ON NEXT PAGE Merrill Appraisal Agreement.doc -6 - MERRILL APPRAISAL R. Casey Merrill, MAI, Owner "CONTRACTOR": Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President: AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By , � 6 vvt)' By: gnaturee( notarized, Signature(notarized) Name:(`. �LtSC I t I�V�1r ( �� Name: Title: 0��Y1L✓/ (�'� / Title: Address: &66 — VUah h;vjl �"1 SF,t2ebZ o Address: ral,11 CA °?zzo State of C,AU R2f��Wv State of �l Countyof P tv)ldlblt? lss County of Ss 'J'" L�D�. On before me,`71 On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged tome that subscribed to the within instrument and acknowledged tome that, he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. ,,$$iitNotary WITNESS my hand and official seal. Notary Signature: v �� Signature: Notary Seal: otary Seal: DAVID , Ii COMM,Nt 542537 NOTARY PUBLIC•CALIFORNIA RIVERSIDE COUNTY CWML%m 'roaJAN&2019 - 7- i I I EXHIBIT "A" SCOPE OF SERVICES ,Consultation services for the analysis and valuation of approximately 2,677 acres as described below and other real estate related matters including, but not limited to, determining ranges of market value for groups of properties, conducting market research, analysis of real estate, analysis of real estate markets, sub-markets and real estate market trends. Parcel Number Size 505 020 008 621.10 505 020 020 200.00 505 020 022 365.00 513 060 001 79.72 1513060002 206.98 1513060021 38.64 1513250039 13.03 513 250 041 2.76 513 250 042 8.30 513 330 001 40.00 1513 330 007 40.00 513 340 003 30.00 ti13 340 004 80.00 513 440 010 15.29 513 450 001 65.78 513 450 002 155.00 513 450 004 18.79 '513 460 002 119.38 513 460 013 100.00 522 100 015 158.92 522 240 005 40.00 -8 - i it 635 070 033 80.00 635 070 034 40.00 635 070 035 40.00 1369 210 008 80.00 669 270 006 38.75 Total Open Space (Acres) 2,677.44 The completion date for this assignment is within six (6)weeks of the Contractor's receipt of the signed Contract Services Agreement,the$5,900 Retainer Fee specified in Exhibit B, and all requested data. For this assignment all requested data is: 1) A current Preliminary Title Report for each of the parcels to be analyzed and possibly appraised. 2) A complete copy of all of the grant deeds and all other documentation that includes deed restrictions and/or conservation easements and related information regarding limitations on development for all of the parcels to be analyzed and possibly appraised. At the direction of the City the Contractor may prepare a written report(s) and/or provide a verbal report(s) on the information, analysis, trends, patterns and/or findings and conclusions. Contractor covenants to expeditiously undertake the assignment in a professional and business-like manner. - 9- SCHEDULE B SCHEDULE OF COMPENSATION The total fee for this assignment is not to exceed $18,900.00 based upon hourly billing rates and including any and all reimbursable expenses incurred on this assignment. Contractor's hourly billing rates for this consulting assignment are as follows: Chief Consultant $200 Associate Consultant: $135 Market Research Analyst: $ 90 Administrative Assistant $ 50 Billable time for this consulting assignment includes all research, analysis, verification, writing, proof reading, report packaging, creating exhibits and graphics forthe report,travel, pre-meeting preparation, meetings, phone conversations, and all related administrative work for this assignment by any and all employees of Contractor. Reimbursable expenses include airline or helicopter flights taken for aerial photographs, aerial photographs purchased from a third party, topographic maps and all assignment related exhibits, reports and market data. Upon execution of this Agreement City shall pay to contractor a $5,900 Retainer Fee as required in Exhibit A. Said Retainer Fee shall be applied toward the $18,900.00 Contract sum. At the end of each month and upon completion of the assignment, Contractorwill provide the City with an itemized billing statement and copies of all reimbursable expenses for this assignment. Within 30 days of Contractor's receipt of the itemized billing statement and copies of the reimbursable expenses the monthly bill and the final bill shall be paid in full. Separate and additional fees are required if pretrial and expert witness services are desired. No such services are hereby authorized under this Contract Services Agreement and the City will contract separately with Contractor for any such desired services including pretrial fees and expert witness services as stated below. Pretrial fees, expert witness services, research, meetings, depositions, courtroom testimony, and related travel time is billed at an hourly rate of $350.00. Any required depositions, meetings and/or court appearances will be subject to a 6 hour minimum charge, per each deposition, meeting, and/or court appearance. Payment for pretrial preparation, research, meetings, court appearances, expert witness services and all related travel shall be paid in full within 30 days of submittal of billing. The Contractor's fees forgiving depositions noticed by opposing attorneys will be paid in advance pursuant to the provisions of the California Code of Civil Procedure. - 10 - In the event litigation arises as a result of the failure to make payments pursuant to this agreement, the prevailing party shall be awarded reasonable attorney's fees and costs. - 11 - From.;Sandi W Frededcksen At Wood Gutmann&Bogart Insurance Brokers FaxID.Wood Gutmann Bogart To:City of PAate:1/17/2006 12 03 PM Page:2 of 6 Alcorvr CERTIFICATE OF LIABILITY INSURANCE Oare(mMdd"y) 1/17/2006 Protlucer Sandi Fretleneksen THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER Wood Gutmann&Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 15901 Red Hill Ave., Suite 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 INSURERS AFFORDING COVERAGE 714 505.7000 INSURER CNA www.wgbib.com A License No. 0679263 INSURER Insured B Merrill Appraisal INSURER C 42-305 Washington St,##240 NSURER Palm Desert CA 92211 D COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY IN EFFECTIVE EXPIRATION INRSR TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS MM(DDIYY MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE 5 61 COMMERCIAL GENERAL LIAR 2084592439 1/1312/01 1111/2007 FIRE DAMAGE(Any 1fire) E CLAIMS MADE VOCCUR MED EXP(Aay one Person) 5 PERSONAL&ADV INJURY 5 GENERAL AGGREGATE 5 OWN AEG LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PROJECT LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED Amos 9001LV INJURY _SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peramld,nn 5 PROPERTY DAMAGE (Per accltlenq 5 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANYAUTO OTHER THAN EA AGCS AUTO ONLY AGG E EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR 7CL4IMS MADE AGGREGATE E E DEDUCTIDLE g BEfEMION 5 E WORKERS'COMPENSATION& STATUUORYUMIi I lZITHER EMPLOYERS'LIABILITY EL EACH ACCIDENT E EL DISEASE-EA EMPLOYEE E EL DISEASE-POLICY LIMIT E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Palm Springs its officers, employees and agents are named as additional insureds per attached endorsement#§B146932A 20060101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Community Redevelopment Agency 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Kurt Watts LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 3300 E Taquitz Canyon rd SENTATIVES, "10 Days for Non-Payment of Premium Palm Springs CA 92263 AUTHORIZED REPRESENTATIVE Jeff Sachs ACORD 25�S(7/97) created at W W W.e CertSONLINE.com 0 ACORD CORPORATION 1988 Best's Rating Center- Search Results Page 1 Page 1 of 2 kM i Wi wr" ).:j View Ratings:Financial strength Issuer Credit securities Advanced Search Other Web Centers:Felet One Search Results Page 1 of 1 17 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with cna To refine your search, please use our Advanced Search or view our Online Help for more information. New Search cna View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Rk Company Information Financial Strength Ratings Issuer Credit Ratings y Outlook/ Outlook/ AMB# Company Name Rating Implication Long-Term Implication Short-Term Domicile 77526 CNA ART SA NR-5 Not Argentina (Property/Casualty-Insurance Company) Applicable 03089 CNA Casualty of California A Negative a Negative US: Califon (Property/Casualty-Insurance Company) 84387 CNA Chile Cie de Seguros de Vida Chile SA (Life/Health-Insurance Company) 59021 CNA Financial Capital I US: Illinois (Composite-Funding Entity) 59022 CNA Financial Capital II US: Illinois (Composite-Funding Entity) 59023 CNA Financial Capital III US: Illinois (Composite-Funding Entity) 58705 CNA Financial Corporation bbb Negative US: Illinois (Composite-Other) 18313 $CNA Insurance Companies A Negative a Negative US: Illinois (Property/Casualty-A.M.Best Consolidated Group) 19574 CNA Insurance Companies US: Illinois (Property/Casualty-Company Consolidated Financial Statement) 87282 CNA Insurance Company_(Euroo�, NR-3 Not United Kinc Limited Applicable (Property/Casualty-Insurance Company) 86301 CNA Insurance CompanyLimited NR-5 Not United Kinc (Property/Casualty-Insurance Company) Applicable 84388 CNA Ins (InternationalA enc_AU Australia Pty Ltd (Property/Casualty-Insurance Company) 75906 CNA Lakeview Insurance Company US: South I (Property/Casualty-Insurance Company) http://www3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 01/27/06 To: The City of Palm Springs From Ari Odebiyi 1-31-06 3:04pm p. 2 of 3 r r II Ii w,ry Mr 11 yrr^ F If �" IvI YC+":� wi z° YITV(I IA3k�4?41 lu'rcv �14no-.1 Date lmmtl »,1' -„ �/�//TTryry . l.lJ"/�✓D� 'Ids + � I � ' s 151 ill,III r 13 p4�11 S �Ihw ',� T,nro-is '. l�n! !'n rt'a d 3 � r`75 l31/2006 Producer Ad Odeblyl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann&Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 15901 Red Hill Ave, Suite 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 INSURERS AFFORDING COVERAGE 714505.7000 INSURER Progessive Insurance Cc www.wgbib com A License No 0679263 INSURER �Y c Insured B Casey R. Merrill INSURER DBA: Merrill Appraisal C Y` 78-395 Avenue 41 INSURER Bermuda Dunes CA 92203 D a �y '•. ..IKe, A4u .u ,lno�a---.. S4e nL�,te=',aHla .,lpift Swh'iv,H dA�91"4atJ,R2av�-A4'*C wvv1,-�. 4>t �$„o .4,V,➢S e�I dl Nd,m�a.m. �:o. �b��ti��t=� P+,1 vE.e „_4., u�,k.ln .t+ry THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER MNDATE M DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL DAB FIRE DAMAGE(My 1 fare) § - CLAIMS MADE ❑OCCUR MID EXP( ore aon) E PERSONAL L ACV INJURY $ GENERAL AGGREGATE $ GEN'L AEG UMIT APPUES PER PRODUCTS-OOMPIOP AGG $ —]POLICY PROJECT LOC $ tGAMC OBILE LIABILITY COMBINED SINGLE LIMIT AUTO 03377504-0 1/30/2006 1/30/2007 1 1 00000 WNED AUTOS OILY INJURY GULED AUTOS P.�` (Per person) S AIfTOS AS `�'�W BODILY INJURY OWNED AUTOS (Pereccldeno % z + PROPERTY DAMAGE o (Per occitlen[) 5 E LIABILITY C�g AMID ONLY-EA ACCIDENT $ AUTO OTHER THAN EA ACC$ AUTO ONLY: AGG$ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE % x DEWCTIan' $ RETENTION$ $ WORKERS'COMPENSATION& STATUTORY LIMIT EMPLOYERS'LIABILITY EL EACH ACCIDENT $ - ELDISEASE-EA EMPLOYEE $ EL DISEASE-POLICY LIMIT Is Comprehensive DED 03377504 1/30/2006 1/30/2007 1,000 Collision DED 1/30/2006 1/30/2007 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS C +fcate 4ae19eF Insure . e: 1992 Cadillac DevilleVIN#24094 ��� \^L�IL' (0 'ts n,ntr' THIS CERTIFICATE SUyPERCED S ALL OTHER PREVIOUSLY,,ISSUED. rtttAT �Hb�� 1e )TbNt, 4t alhTIj1PP Wrs �btt G" ".Ica: 4e u" " 45 IlrTuuG%.,r M Re:1992 Cadillac DeVllle VIN#24094 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Community Redevelopment Agency —30—*DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION Attn Paula Sweat OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 3300 E.Tahquitz Canyon Rd SENTATIVES. 10 mays for Nan-Pa ment of Premluln Palm Springs CA 92263 AUTHORIZED REPRESENTATIVE > / Jeff Sachs I�C 1pp���}}I� �'7/;� '; '"'pl r wtI" �sse m� E' eatetl� +�eCea � E'com� ` B N,tll 1 �A1`i�R i:•SR����Tt�,N LfH�,� 13est's Rating Center- Search Results Page 1 Page I of 2 71 BestTl, R d",Wn ter ' Member Benefits View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page I of 3 41 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with progressive To refine your search, please use our Advanced search or view our Online Help for more information. New,search'' ]progressive ......,-,'View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ . Outlook/ AMB# Company Name Y Rating Implication Long-Term Implication Short-Term Domicile 18637 $Progressive Agency Pool A+ Stable as Stable US: Ohio (Property/Casualty-A.M.Best Consolidated Group) 04456 Progressive American Insurance A+ Stable as Stable US: Florida Company (Property/Casualty.Insurance Company) 11758 Progressive Auto Pro Insurance A+ Stable as Stable US: Florida Comp _y an (Property/Casualty-Insurance Company) 00638 Progressive A+ Stable as Stable US: Florida Company (Property/Casualty-Insurance Company) 02407 Progressive Casualty Insurance Stable as Stable US: Ohio Company (Property/Casualty-Insurance Company) 87742 Progressive Casualty Insurance Co NR-5 Not CA: Ontaric CAB Applicable (Properly/Casualty-Insurance Company) 11088 Progressive Choice Insurance Cc A+ Stable as Stable US:Ohio (Property/Casualty-Insurance Company) 01864 Progressive Classiclnsurance A+ Stable as Stable US:Wiscor Company (Property/Casualty-Insurance Company) 18673 Progressive Commercial Auto A+ Stable as 11 Stable US: Ohio Group (Property/Casualty-A.M.Best Consolidated Group) 11759 Progressive Consumers Insurance A+ Stable as Stable US: Florida Company (Property/Casualty-Insurance Company) 58454 Progressive Corporation a Stable US:Ohio (Property/Casualty-Other) litip://www3.arnbest.com/ratings/RatingsSearch.asp?A1tSrc=9 02/03/06 Jan 18 06 11 : 41a MERRILL nPPRnISRL 760 200 598E P. 4 I INSURANCE BINDER ISSUE DATE 01/16 20061 I I THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS I BELOW. I I I PRODUCER ]COMPANY I BINDER I I Herbert H. Landy Ins. Agency, Inc. (General Star National I NO. 1 175 Second Avenue, #410 ] Insurance Co. I Needham, MA 02494-2876 I EFFECTIVE I EXPIRATION I I I DATE I TIME I DATE I TIME I I 101/15/2006112:01AM 102/14/2006112: 01AMI I I I I I I Policy # NJA - 996345 I I INSURED I DESCRIPTION OF OPERATIONS I Richard Casey Merrill I APPRAISAL PROFESSIONAL LIABILITY l 42-305 Washington Street, Suite 240 1 I I I ] Palm Desert CA 92211 I I I COVERAGES I I POLICY TERM: 01/15/2006 - 01/15/2007 I LIMITS OF LIABILITY: $ 1, 000, 000 each claim; I $ 2, 000, 000 annual aggregate; ,,,, I DEDUCTIBLE: $ 500. 00 / $ 1, 000 . 00 each claim/annual aggregate; I I PRIOR ACTS DATE: 01/15/2006 I Coverage is on a claims-made basis . I I C O N D I T 1 0 N S IThis Company binds the kind(s) of insurance stipulated under description oft loperations. The Insurance is subject to the terms, conditions and I Ilimitations of the policy(ies) in current use by the Company. I I I IThis binder may be cancelled by the insured by surrender of this binder orl Iby written notice to the Company stating when cancellation will bet (effective. This binder may be cancelled by the Company by notice to thel lInsured in accordance with the policy conditions. This binder is cancelled) lwhen replaced by a policy. If the binder is not replaced by a policy, thel (Company is entitled to charge a premium for the binder according to thel (Rules and Rates in use by the Company. I I A P P L I C A B L E I N N E V A D A ]Any person who refuses to accept a binder which provides coverage of less) Ithan $1, 000, 000. 00 when proof is required: (A) Shall be fined not more than) 1 $500 . 00, and (B) is liable to the party presenting the binder as proof of linsurance for actual damages sustained therefrom. I_ AUTHORIZED REPRESENTATIVE I I I l caszy@merrillappraisal.comI Best's Rating Center- Search Results Page 1 Page 1 of 1 Best S Rad { fit . : r' View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One f Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with general star national To refine: your search, please use our Advanced Search or view our Online Help for more information. New Search general star national View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings a Outlook/ . Outlook/ AMB# Company Name Rating Implication Long-Term . Implication Short-Term Domicile 00646 General Star National Insurance Cc A++ Stable US: Ohio (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0113112006 04:29 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 0 1/3 1/06 Jan 25 06 11 : 21a MERRILL nPPRnISBL 760 200 5986 p.2 73 (Policy Provisions: WC 00 00 00 A) 61 xP INFORMATION PAGE WEG WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: SEE ATTACHED ENDORSEMENT NCC1 Company Number: 13269 Company Code: 9 THE HARTFORD 0 1 Suffix o LARS RENEWAL POLICY NUMBER: 76 WEG KP6-1 03 Previous Policy Nurnber: 176 WEG KP6173 a HOUSING CODE: 76 ex 1: Named Insured and Mailing Address: CASEY NERRILL DBA MERRILL r� (No., Street, Town, State, Zip Code) AFPRAIS-�L 0 0 42-305 WASHINGTON ST, 5240 FEIN Number: 330648324 PALM DESERT, CA 92211 State Identification Number(s): ;a The Named Insured is: INDIVIDUAL Business of Named Insured: APPRAISAL SERVICES OFFICES AND Other workplaces not shown above: AS STATED AND ELSEWHERE IN CALIFORNIA 2. Policy Period: From 07/29/05 To 07/29/06 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: PAYCHEX AGENCY, INC 308 FARMINGTON AVE FARMINGTON, CT 06032 Producer's Code: 210705 Issuing Office: THE HARTFORD 308 FARMINGTON AVE FARMINGTON CT 06032 (877) 287-1312 Total Estimated Annual Premium: $1,523 Deposit Premium: $1,523 Policy Minimum Premium: $1,000 CA (INCLUDES INCREASED LIMIT MIN. PREM. ) Audit Period: ANNUAL Installment Term: The policy is not binding unless countersigned by our authorized representative. Authorized Representative Farm WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page) Pr`bcess Date: 06/18/05 Policy Expiration Date. 07/29/06 ORIGINAL Jan 25 06 11 : 21a MERRILL APPRAISAL 760 200 598G P. 3 owl', GE (Continued) PolicyNumbee 76 WEG KP6173 3.A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: CA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item S.A. The limits of our liability under Part Two are: Bodily injury by Accident $1"000,000 each accident Bodily injury by Disease $1,000,000 policy limit Bodily injury by Disease $1, 000,000 each employee C. Other States Insurance: Part Three of the policy applies to the states,if any,listed here: ALL STATES EXCEPT ND, OH, WA, WV, WY, AND STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE. 0 o D. This policy includes these endorsements and schedule: WC 00 04 04 WC 00 04 20 WC 99 03 02B 1G224002D WC 04 00 03 SEE ENDT w e 4. The premium for this policy will be determined by our Manuals of Rules,Classifications,Rates and Rating N Plans. All Information required below is subject to verification and change by audit. o Premium Basis classifications Total Estimated Rates Per Estimated Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium 8742 0 1.92 SALESPERSONS - OUTSIDE 8810 B6, 600 1.68 1,458 CLERICAL OFFICE EMPLOYEES-N 0 C TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 1,458 CA SURCHARGE 2.000 PERCENT 30 USER FUNDING ASSESSMENT 0.4809 PERCENT 7 FRAUD ASSESSMENT 0.0500 PERCENT 1 CA UNINSD EMPL BENEFIT TRUST FUND 0.0691 PERCENT 1 CA SUBSEQ INJ BENEFITS TRUST FUND 0.0259 PERCENT 0 TERRORISM RISK INS ACT OF 2002 (9740) 86, 800 .030 26 TOTAL ESTIMATED ANNUAL PREMIUM 1,523 —' Total Estimated Annual Premium: $1,523 Deposit Premium: $1,523 Policy Minimum Premium: $1,000 CA (INCLUDES INCREASED LIMIT MIN. PREM.) Interstate/lntrastate Identification Number: Labor Contractors Policy Number: SIC: 7389 UIN: No. OF EMP: 000003 Form WC 00 00 01 A (1) Printed In U.S.A. Page 2 Process Date: 06/18/05 Policy Expiration Date: 07/2 9/0 6 Best's Rating Center- Search Results Page 1 Pagel of 2 ti . ... . _ ter 1 tt j View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 3 F 43 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with hartford To refine your search, please use our Advanced Search or view our Online Help for more information. New search, 11hartford View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W X Y Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ + AMB# + Company Name + Rating Implication + Long-Term Implication + Short-Term : Domicile 02230 Hartford Accident and Indemnity A+ Stable as- Stable US: Conner Company (Property/Casualty-Insurance Company) 59038 Hartford Ca ip tal I US: Conner (Composite-Funding Entity) 59039 Hartford Capital II US: Conne, (Composite-Funding Entity) 59040 Hartford Capital III US: Conne, (Composite-Funding Entity) 59127 Hartford Capital IV US: Conner (Composite-Funding Entity) 59128 Hartford Capital V US: Conne, (Composite-Funding Entity) 59129 Hartford Capital VI US Conne, (Composite-Funding Entity) 02229 Hartford Casualty Insurance A+ Stable aa- Stable US: Indian Company (Property/Casualty-Insurance Company) 89068 Hartford Europe Limited NR-3 Not Ireland (Life/Health-Insurance Company) Applicable 58707 Hartford Financial Services Group a- Stable AMB-2 US: Conner Inc (Composite-Other) 02231 Hartford Fire Insurance Company q+ Stable aa- Stable US: Conne, (Property/Casualty-Insurance Company) 87049 Hartford Fire Insurance Compaq q+ Stable CA. Ontaric CAB (Property/Casualty-Insurance Company) 89482 Hartford Fire Insurance Company United Kinc UKB (Property/Casualty-Insurance Company) http://www3.ambest.com/ratings/RatingsSearch.asp 01/27/06 Best's Rating Center- Search Results Page 1 Page 2 of 2 02611 Hartford Insurance Company of A+ Stable aa- Stable US: Illinois Illinois (Property/Casualty-Insurance Company) 02612 Hartford Insurance Company of A+ Stable aa- Stable US: Indiane MidW (Property/Casualty-Insurance Company) 02613 Hartford Insurance Company of SE A+ Stable aa- Stable US Florida (Property/Casualty-Insurance Company) 84313 Hartford Insurance Company Singapore (Singapore (Property/Casualty-Insurance Company) 00048 $ Hartford Insurance Group US: Conner (Property/Casualty-A.M.Best Consolidated Group) 19628 Hartford Insurance Group US: Conne (Property/Casualty-Company Consolidated Financial Statement) 88168 Hartford Insurance Group US: Conne, (Composite-A.M.Best Consolidated Group) Note:Financial Strength Ratings as of 0112712006 02:58 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Result Pages: 1 2 3 Next Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M. Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.& 1-ittp://www3.ambest.com/ratings/RatingsSearch.asp 01/27/06 PP M E M O R A N D U M TO: Paula Sweat Community & Economic Development FROM: pit Kathie Hart, CIVIC Chief Deputy City Clerk DATE: February 6, 2003 SUBJECT: Merrill Appraisal —A5223 cc: File Attached is a duplicate original of the above referenced agreement for your distribution and records. We have retained the original for our files. Please feel free to contact me if there are any questions, ext. 8206. fkdh attach. CONTRACT ABSTRACT Contract Company Name: Merrill Appraisal Company Contact: Casey Merrill Summary of Services: Analysis and valuation of approximately 2,677 acres. Determine ranges of market value, conduct market research, analysis of real estate and real estate markets, sub-markets and real estate market trends. Contract Price: $18,900.00 Funding Source: 001-1400-43200 Contract Term: completion date is within six (6) weeks of contractor's receipt of signed Contract Services Agreement. Contract Administration Lead Department: Community& Economic Development Contract Administrator: John S. Raymond Contract Approvals City Council Approval Date: Not required - under$25,000.00 Minute Order/ Resolution Number: N/A Agreement No: ��an- Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: Contract prepared by: John S. Raymond Submitted on: January 26, 2006 By: Paula J. Sweat