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HomeMy WebLinkAboutA5090 - COUNTY OF RIVERSIDE R O W SERVICES INDIAN AVE INTERSTATE 10 INTERCHANGE CP 00-14 i �r UnM 7v: CITY T F 1ALu SPRNIGV5 2749 SECOND AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES A5O9O INDIAN / 1-10 INTERCHANGE Amend 2 IN THE CITY OF PALM SPRINGS, CALIFORNIA 3 Whereas, the First Amendment to Agreement for Real Property Services ("Agreement") 4 referenced as Exhibit "A" attached hereto and made a part hereof, was approved by the Palm Springs City Council on June 4, 2008 and approved and executed by the Riverside County 5 Board of Supervisors on September 2, 2008 (minute order 3.67), is made by and between the County of Riverside, herein called "County", acting by and through its Agency for Economic 6 and Facility Development, Real Estate Division, herein called "Real Estate", and the City of Palm Springs, herein called "City". 7 WHEREAS, the County continues to settle with and negotiate with the 17 property 9 owners (including 1 billboard owner) needed for the Project. 9 WHEREAS, on or about March 2009, the County determined that additional acquisition activities are needed to complete the Project, including other associated activities such as 10 appraisal, escrow and title. 11 WHEREAS, the term of the First Amendment does not expire until December 31, 2010 or completion of the services. 12 WHEREAS, all terms and conditions of the Agreement remains the same, except as 13 modified in supplemented herein by the Second Amendment. 19 NOW, THEREFORE, it is agreed as follows. 15 1. Compensation Schedule 16 Costs for additional work shall be reimbursed by City to Real Estate as incurred. Work 17 performed by Real Estate between the date of execution of this Second Amendment by both parties and the expiration date of the First Amendment to Agreement shall be at the rate of 18 $127-52 per hour not to exceed $60,000 over the term of the Agreement. This rate is subject to further change by the Riverside County Board of Supervisors annually on each July 151 19 2. List of Properties 20 Exhibit 'A-1" of the Agreement is hereby superseded by the list of ownerships and 21 parcels attached hereto as Exhibit A-2 and made a part hereof. Real Estate shall have no involvement in conveyances of property interests between City and Caltrans or between City 22 and County or between County and Caltrans. 23 24 25 [SIGNATURES ON FOLLOWING PAGE] Amend 2 to A5090 SEP 2009 541 1 Dated: V� q CITY OF PALM SPRINGS z By'-z 3 City Mana - _ ATTEST: 4 5 By: City Clerk 6 PPR ED AS TO FORM: APPROVED By CITY COUNCIL m- CiTy Att m4 9 10 Dated: ��E �� COUNTY OF RIVERSIDE 11 ATTEST: By. ! 12 e Ston hairman Kecia Harper-Them o rd of Supervisors 13 Clerk of the Board 14 / 15 Deputy [SEAL] 16 APPROVED AS TO FORM: 17 Pamela J. Walls County Counsel 1e .19 By: �T »7i2 c L% 1��� �L•2 Syhthia M- Gunzel 20 Deputy County Counsel 21 22 23 24 25 C:�i URN TO: rj_�f,77 CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS, CA 92285 SEP 120095..4-d � .. .....-- - r� - Ru;, T0. H�IBIT"A CITY CF FAI.,arrl?I\IGS w� ley BOx'ra3 f- 1} FIRST AMENDMENT To AGREEMENT FOR REAL PROPERTY SERVICES 2 INDIAN f 1-10 INTERCHANGE IN THE CITY OF PALM SPRINGS, CALIFORNIA s This First Amendment to the original Agreement for Real Property Services 4 ("Agreement!) that was approved by the Palm Springs City Council on May 4, 2005 (minute order 7663) and executed on May 26,2005,and was approved and executed by the Riverside 5 County Board of Supervisors on July 12, 2005 (minute order 3.34), is made by and between the County of Riverside, herein called "County", acting by and through its Department of 6 Facilities Management, Real Estate Division, herein called "Real Estate", and the City of Palm Springs, herein called"City"- 7 1. Term. n The term of the original Agreement expired on December 31, 2006. County and City 9 mutually agree to extend the term of the Agreement through the earlier of December 31, 2010. or completion of the services. 10 2. Compensation Schedule 1Y Costs for additional appraisal work shall be reimbursed by City to Real Estate as 12 incurred_ Work performed by Real Estate between the original expiration date of the Agreement and the date of execution of this agreement by both parties shall be at the. rate of 12 Sixty Dollars ($60.00) per hour. The hourly rate set forth in Section 4 of the Agreement shall be changed effective the data that this agreement is executed by bath parties, to$127.52 per 14 hour. This rate is subject to further change by the Riverside County Board of Supervisors annually on each July 1a 15 16 3. List of Properties Exhibit "A' of the Agreement Is hereby superseded by the list of ownerships and 17 parcels attached hereto as Exhibit A-1 and made a part hereof. Real Estate shall have ne involvement in conveyances of property interests between City and Caltrans or between City 18 and County or between County and Caltrans. 19 ll/ 111 20 27 22 29 24 25 SEP 2 2008 �'� a EXHIBIT CITY OF pp. to£FRIws MM, 2743 PALM SP-JN, S,CA 622u: All other terms and conditions of the Agreement shall remain unchanged and in effect 2 3 Dated! 61 av�_ CITY OF PALM SPRINGS 5 City nager ATTEST: 6 7 BY. City Clerk APPROVED BY CRY COUNCIL s PPROVED S To FORM: 10 BY; - City Attorney 11 REVIEWED AND RE MMENDED FOR APPROVAL Y / 12 13 By; _ J s R. Forc YRobert 14 u ervismg Real Properly Agent Department�of Facilities Management 15 Dated; SEP f c� + 2008 COUNT RIVERS D 15 ATTEST: By: 17 Ghairman Roy 1- Lsam� Nancy Romero B rd of Supervisor; B Clerk of the Board 19 By: C 20 D� u [SEAL] . Zl• APPROVED AS TO FORM: - 22 Joe S.Rank JRF:IW County Counsel D51161OB 23 10945 24 By zl�� 25 SEP 2 eons 7 7 EXHI 71T nNr Prolew C,ntle r 001PG DE?gc`iftent FlEgied8 zr2 Namd smh,.:comn�nrn Appraisals complete,2lOs I.101INDIAN INTERCHANGE PROPERTY INFORMATION Pr12803l� A R. e1 E CI d ❑ F lk YCE O Iy 13883 G89-090 05 C60-060-006,889-0G0. Roherl W.M19rer 606,6HG3b0.018,660.33rye38 13959 606a70-006 3onika LLC 13670 656-338-030 Koyo Oil Company 13971 05-33N050 Allen E Hem 1367Z 605 73W64 M-S&Penes!II Bunmez:Try;; 136Ts 868-S3MG4 Jww a.Wilson 13799 (586$16u52v W&WO.060,130e-330- 110 Garnet Paralenrhip 11995) 001,655.W N053,666-030-068,686- 33P089,80"II 70,66G-33tl471, 366.33G-d72 x 13800 606-nm3l,66 330-052 Pllet Twee Vepiu2r. 13801 858.370-023 Henry Orrvler 13802 668570-025 Chen FaMly Paolo -^-I 13804 669-060-019 l6ega8o Land Par111an 10605 669657.017,65%u91-01e Palm Scpdns P23nara I 13981 WS-370.0oC 11,1110 06-4a and MonLsha.loyawmdena 13882 6G8-09a-1171 RtbtA W.Miner,Tme 13987 66G330-058,666.830-041 Palm Springs Freeway❑tvelppmenl I Proper'Vs51n thi:1?FP)p':t Wulneeuuy,AmJ 302N8 Vepv urI EXHIBIT "A-2" Project Name: 1-10/Indian Avenue Interchange—Palm Springs Project Code: 001PG Property ID APN Owner 13799 666-330-059, 666-330-060, 1995 I-10 Indian Avenue Partners, LP 666-330-068, and 666-330-069 13800 666-330-081 and 666-330-082 Pilot Travel Ventures 13801 666-370-023 Olivier 13802 666-370-025 Chang Family Partners 13803 669-060-004, 669-060-005, Robert Miner 669-060-006, 666-060-018, 666-330-008 13982 669-093-011 Robert Miner 13904 669-060-019 Victoria Land Partners 13805 669-091-017 and 669-091-018 Palm Springs Partners 13806 666-370-022 Oaktree Apartments 13869 666-370-005 Sonika LLC 13870 666-330-039 Convenience Retailers LLC 13871 666-330-050 Allen Horn 13873 666-330-064 James Wilson 13981 666-370-006 Gregory Roman 13997 666-330-058, 666-330-043 Palm Springs Freeway Development LLC 14333 666-370-025 Tesoro Media 14464 666-330-061, 666-330-063, Dodrill and Martinez Render 666-330-070, 666-330-071, and 666-330-072 Ra:TU6iNTO: CrrY OF l si%RI�vGs BOXOX f 743 a'U' 2PHINT ,CA 92263 FIRST AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES 2 INDIAN / 1-10 INTERCHANGE IN THE CITY OF PALM SPRINGS, CALIFORNIA 3 This First Amendment to the original Agreement for Real Property Services 4 ("Agreement") that was approved by the Palm Springs City Council on May 4, 2005 (minute order 7663) and executed on May 26, 2005, and was approved and executed by the Riverside 5 County Board of Supervisors on July 12, 2005 (minute order 3.34), is made by and between the County of Riverside, herein called "County", acting by and through its Department of 6 Facilities Management, Real Estate Division, herein called "Real Estate", and the City of Palm Springs, herein called "City". 7 1. Term. a The term of the original Agreement expired on December 31, 2006. County and City s mutually agree to extend the term of the Agreement through the earlier of December 31, 2010, or completion of the services. 10 2. Compensation Schedule 11 Costs for additional appraisal work shall be reimbursed by City to Real Estate as 12 incurred. Work performed by Real Estate between the original expiration date of the Agreement and the date of execution of this agreement by both parties shall be at the rate of 13 Sixty Dollars ($60.00) per hour. The hourly rate set forth in Section 4 of the Agreement shall be changed effective the date that this agreement is executed by both parties, to $127.52 per 14 hour. This rate is subject to further change by the Riverside County Beard of Supervisors annually on each July 1� 15 3. List of Properties 16 Exhibit "A" of the Agreement is hereby superseded by the list of ownerships and 17 parcels attached hereto as Exhibit A-1 and made a part hereof. Real Estate shall have no involvement in conveyances of property interests between City and Caltrans or between City 18 and County or between County and Caltrans. 19 1H 20 21 22 23 24 25 V'a',v SEP 2 2008 •G 7 5 T RE U 1N TO: -r;�r�-,7 LInI .nmcs,nv CITY OFPF_^AS:F,,q G3 lPAUM So y $,CA 522a:{ All other terms and conditions of the Agreement shall remain unchanged and in effect. 2 5 Dated: CITY OF PALM SPRINGS -4 5 Ci nager ATTEST: 6 r6y. City ClerkAPPROVED BY CITY COUNCIL EID S TO FORM: �. p$1aBy: City Attorney 11 REVIEWED AND RECQMMENDED FOR APPROVAL: 12 13 By: gy: /� I ?Js ForcRobert Field, Director �4 ng Real Property Agent Department of Facilities Management 15 Dated: SEP 22008 COUNT RIVE77j., 16 ATTEST: By: 17 Chairman ��tir,,•,-;_ ;y;�,� Nancy Romero B rd of Supervisors 18 Clerk of the Board 19 ?�BY 20 De uty [SEAL] d 27 APPROVED AS TO FORM: - 22 Joe S. Rank JRF:Iw County Counsel 0511610823 001pa 109464G 24 25 SEP 2 2DO8 Proieci Code 001PG Depgrtment Pi p'G&CLS Fjoiec*Name Status Gornments Appraisals complete, 2/08 1-10/INDIAN INTERCHANGE PROPERTY INFORMATION Property ID APN Owner Escrow Closed Stipulated Default TCE Only 13803 669-060-004.669-000-005,669-060- Robert W. Miner 006,666-060-018, 666-330-008 13869 666-370-005 Sonika LILC 13870 666-330-039 Kayo Oil Company 13871 666-330-050 Allen E. Ham 13872 666-330-054 M-Six Penvest11 Business Trust 13873 666-330-064 Jason G.Wilson 13799 666-330-059,666-330-060,666-330- 1 10 Garnet Partnership(1995) 061,666-330-063, 666-330-068, 666- 330-069, 666-330-070,666-330-071, X 666-330-072 Z 13800 666-330-081, 666-330-082 Pilot Travel ventures C 13801 666-370-023 Henry Olivier 13802 666-370-025 Chang Family Partners 13804 669-060-019 Victoria Land Partners 13805 669-091-017, 669-091-018 Palm Springs Partners 13981 666-370-006 Thilina Balasunya and Monisha Jayawardena 13982 669-003-011 Robert W. Miner,Trustee 13987 666-330-050, 666-330-047 Palm Springs Freeway Development aye t Uf Wednesaay,Anu130 2008 i Lu ' m © SUBMITTAL TO THE BOARD OF SUPERVISORS ;. '_r•`�r', - z COUNTY OF RIVERSIDE, STATE OF CALIFORNIA yiil' rr Z r•:•,,� U FROM: Department of Facilities Management SUBMITTAL DATE: 0 O p August 14, 2008 L) SUBJECT: First Amendment to Agreement for Real Property Services between the City of > Palm Springs and the Department of Facilities Management, Real Property Division J a s RECOMMENDED MOTION: That the Board of Supervisors: < 1. Approve the attached First Amendment to the Agreement for Right of Way Services Indian/1-10 Interchange Project to be performed by the Real Property Division of the o m Department of Facilities Management; on 2. Authorize the Chairman of the Board to execute the said Agreement on behalf of the oCounty; and i0v 3. Authorize the Auditor-Controller to adjust Facilities Management's Real Property budget as specified in Schedule W'. WBACKGROUND: (Commences on Page 2) Ro ert Field, Director Department of Facilities Management Current F.Y.Total Cost: $103,301 In Current Year Budget: No FINANCIAL " in DATA Current F.Y. Net County Cost: $ -0- Budget Adjustment: Yes Annual Net County Cost: $ -0 For Fiscal Year: 08/09 SOURCE OF FUNDS: Revenue for services rendered to and Positions To Be paid by the City of Palm Springs — not-to-exceed $199,800 Deleted Per A El - over the term of the Agreement Re uires 415 Vote C.E.O. RECOMMENDATION: APPROVE U U . ASarge: 0 o BY. d d Count Executive Office Si nature nnife ® l MINUTES OF THE BOARD OF SUPERVISORS c c On motion of Supervisor Stone, seconded by Supervisor Ashley and duly carried by N M C C ci v unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. El El Ayes: Buster, Tavaglione, Stone, Wilson, and Ashley Nays: None NanctDe Romero Absent: None Clerd Date: September 2, 2008 By: E o xc: �acil. Mgmt., E.O., Auditor ty U U N � � X W "a o 0- Prev. Agn. Ref.: 07/12/05 3.34 District: 4 Agenda Number: L ATTACHMENTS FILED 3e67 WITH THE CLERK OF THE BOARD Department of Facilities Management First Amendment to Agreement for Real Property Services between the City of Palm Springs and the Department of Facilities Management, Real Property Division August 14, 2008 Page 2 BACKGROUND: The City of Palm Springs previously requested the services of the Department of Facilities Management (DOFM), Real Property Division to acquire easements and fee title to property in connection with the reconstruction of the Indian Avenue/Interstate 10 Interchange. In addition to acquisition services, the attached agreement provides for other associated services, such as appraisal, escrow and title, to be contracted or arranged by the County and reimbursed, or paid directly, by the City of Palm Springs. The existing agreement expired on December 31, 2006. Environmental approvals and design changes have delayed the commencement of real estate acquisition activity. This amendment will extend the term of the agreement to December 31, 2010, and will provide an additional revenue source to the DOFM without affecting county priorities. This agreement has been reviewed and approved as to form by County Counsel. FINANCIAL DATA: The revenue for services rendered to and paid by the City of Palm Springs are not-to- exceed $199,800 over the term of the Agreement. As of June 30, 2008, $96,499 has been expended in the original agreement. The remaining available balance of the agreement is $103,301. All associated costs will be fully funded by the City of Palm Springs, thus no additional net county costs will be incurred as a result of this agreement. RF,JRF:cm 11.990 2008.07.481 Schedule A Increase Estimated Revenues: 10000-7200400000-777550 ✓ Right-of-Way Services $103,301 Increase_Appropriations: 10000-7200400000-525400 Title Company Services $103,301 County of Riverside R-O-W Svcs Indian/1-10 Intchg CP 00-14 AGREEMENT #5090 MO 7663, 5-4-05 1 AGREEMENT FOR REAL PROPERTY SERVICES INDIAN/1-10 INTERCHANGE 2 INTERCHANGE PROJECT IN THE CITY OF PALM SPRINGS 3 This Agreement is by and between the County of Riverside, herein called"County", 4 acting by and through its Department of Facilities Management, Real Estate Division, herein called "Real Estate", and the City of Palm Springs, herein called "City". 5 1. Recitals. 6 7 City has a need to acquire, lease, sell and appraise interests in land as part of the Indian/1-10 Interchange project, herein called "Project". 8 County is a participating agency in the Project. 9 County has established Real Estate to acquire, manage, and dispose of real 10 property on a countywide basis. 11 City and Real Estate desire to enter into this Agreement to authorize Real Estate to 12 provide a scope of right-of-way acquisition services for City for the estimated 27 parcels shown on the attached list, herein called"List of Properties",and attached hereto as Exhibit 13 "A", which such parcels are necessary for the completion of the Project and are more 14 particularly described on the attached map, herein called"Project Map", attached hereto as Exhibit "B". 15 Real Estate is certified by the State of California Department of Transportation, 16 herein called "Caltrans", to perform acquisition for State Highways and Federally funded projects. 17 18 2. Term. 19 This Agreement shall commence upon execution by City and Real Estate and shall terminate upon the earlier of December 31, 2006, or completion of the services herein 20 provided. 21 3. Costs. 22 The fees and costs for the right-of-way services as set forth herein shall not exceed 23 one hundred ninety nine thousand, eight hundred dollars ($199,800.00). All costs shall be billed in accordance with the estimated costs and other terms for the completion of the 24 Project set forth in the original letter dated October 28, 2004, from the Department of 25 Facilities Management to City, attached hereto as Exhibit "C". 26 4. Compensation Schedule. 27 City shall pay Real Estate a rate of$60 per hour for an estimated 1,755 hours of work to be performed for twenty seven (27) acquisition parcels. City shall also pay the cost 28 for various services direct to firms providing services or reimburse Real Estate for the cost Paqe 1 of 8 1 of such services, such costs including, but not limited to, appraisal costs, consulting costs and the cost of title reports or litigation guarantees as required for the twenty seven (27) 2 parcels. Maximum expenditure by City for such services shall not exceed$94,500.00.No 3 work shall be undertaken on any parcel until authorized pursuant to the procedures set forth in Section 7 of this Agreement. 4 5. Schedule. 5 Real Estate has developed a tentative schedule, attached hereto and made a part 6 hereof as Exhibit "D", for the acquisition of parcels shown on Exhibit "A" which are 7 necessary for the completion of the Project. Real Estate shall notify City immediately if it determines such a schedule is no longer feasible and the parties will meet to discuss the 8 preparation of a new schedule. 9 6. Coordination. 10 A. The official representative of City on all property related matters shall be the 11 City Manager or his/her designee. The official representative of Real Estate on all property related matters shall be the Deputy Director, Real Estate Division, or his/her designee. 12 The Deputy Director, Real Estate Division, or his/her designee will make all 13 contacts with City through the City Manager. By the same token, contacts to be made by City personnel with Real Estate will be coordinated through the Deputy Director, Real 14 Estate Division, or his/her designee. 15 B. The Deputy Director, Real Estate Division,will meet as necessary with City's 16 City Manager and designated staff to review and discuss acquisition and status of work. 17 C. All real property acquisitions made by Real Estate shall be based on City's 18 statutory authority.Any decisions to exercise the power of eminent domain shall be made by the City Council after a duly noticed public hearing. 19 D. City hereby authorizes its City Manager to execute addenda to this 20 Agreement as necessary on behalf of City. 21 E. Real Estate will provide a work order number for the Project. Only work 22 related to the Project can be charged. All charges shall be paid within 30 days of approval of invoice by City at rates as set forth in Paragraph 4 above or as agreed to in any addenda 23 to this Agreement. Invoices for services provided by Real Estate shall be presented in a format to be agreed upon by City and Real Estate. 24 7. Procedures. 25 26 A. City agrees: (1) To fund one hundred percent (100%) of all right of way costs for 27 properties within Palm Springs, subject to the provisions of this Agreement, which costs shall include, but not be limited to, amounts paid to any owner for property or easements 28 acquired from said owner, title insurance premiums, escrow fees and related charges, Page 2 of 8 I appraisal fees, consulting fees and the cost of services to be provided by Real Estate as set forth herein. 2 3 (2) To furnish Real Estate with completed right of way maps forthe list of parcels and easements (permanent and temporary) to be acquired and as set forth on 4 Exhibit"A"and identified on the Project Map. 5 (3) To furnish Real Estate with legal descriptions for the parcels and easements(permanent and temporary)to be acquired and as set forth on Exhibit"A"and 6 identified on the Project Map. 7 (4) To furnish Real Estate with existing and available aerial photos,plans 8 and profile maps, environmental assessment reports and other pertinent and relevant materials and information regarding the Project. 9 10 (6) To provide staking as requested by Real Estate and approved by City. 11 (6) To pay Real Estate within 30 days of approval of invoice for services provided as specified herein at the rate of $60.00 per hour, which such invoice shall be 12 prepared and delivered to City on a monthly basis and shall include information and details as City may reasonably require. 13 (7) To pay on behalf of Real Estate or City within 30 days of approval of 14 invoice all other direct and indirect costs or fees approved by City. 15 g, Real Estate agrees at City's expense, to manage the acquisition of right of 16 way and provide, or cause to be provided, related services, which shall include: 17 (1) Acquiring property in the name of City or such other name as Cityshall 18 designate. 19 (2) Providing relocation assistance services as needed. 20 (3) Contracting with an independent appraisal firm and other consultants to establish values for the parcels and easements to be acquired within the Project and to 21 determine relocation valuations as appropriate and necessary. Said values are to be 22 established in order to determine compensation to owners of the parcels and easements to be acquired within the Project. Compensation paid to any owner shall not be in excess of 23 the approved appraisal amount for each such parcel or easement unless prior written approval for such compensation in excess of the appraisal amount is given by City. The 24 selection of appraisers and consultants, and all appraisal and consulting services, shall be subject to review and approval by City and its legal counsel. During the course of 25 negotiations, no commitments will be made to any property owners without the written 26 consent of City. All such commitments will be addressed in a formal right-of-way agreement negotiated by Real Estate and approved by the Deputy Director, Real Estate 27 Division, or his designee and City. 28 (4) Contracting for the necessary escrow and title services with a firm or firms approved by Real Estate and City for all parcels acquired on behalf of City and Paae 3 of 8 1 overseeing said escrow and title services to include: 2 (a) Opening escrow. 3 (b) Making arrangements for conveyance of title. 4 (c) Causing the escrow and/or title company to remove 5 encumbrances to title in order to deliver clear title to any parcel or easement to the satisfaction of City to include obtaining reconveyances, paying demands, fees, and other 6 expenses approved by City in order to remove such encumbrances as may be requested 7 by City. 8 (d) Delivering to the escrow company checks payable to the escrow and/or title company prepared or caused to be prepared by City for payment of property 9 and easement acquisitions, escrow fees, title charges and other related costs. 10 (e) Causing the escrow company to prepare a final closing 11 statement of each completed property transaction to be.delivered to City. 12 (5) Furnishing to City periodic status updates of all parcels in escrow, together with estimated costs, including title premiums, escrow fees and other related 13 expenses as to each open escrow. 14 (6) Furnishing to City monthly status updates regarding the progress of 15 work and budgetary expenditures for the Project in such form and format and at such frequency as Real Estate and City shall agree. 16 (7) Completing acquisition of all parcels; provided however, any 17 proceeding to file a formal condemnation action with a court of competent jurisdiction will 18 require approval of City prior to initiating such proceeding. 19 (8) Providing all property management services for property acquired pursuant to this Agreement. 20 (9) Compiling a list of any surplus/excess property that may have been 21 acquired on behalf of City and, if requested by City, selling or leasing said surplus/excess 22 property. If such request is made, Real Estate shall obtain an appraisal for each surplus/excess property by an appraiser selected by Real Estate and approved by City and 23 submit said appraisal(s) to City for approval. Upon approval of said appraisal(s) by City, which approval shall be in writing, Real Estate shall initiate any and all necessary, 24 appropriate and required actions to cause the sale or lease of said surplus/excess property. All net proceeds from the sale or lease of surplus/excess property shall be 25 remitted to City. 26 (10) Delivering or causing to be delivered to City a final product with respect 27 to each acquisition to include the following: 28 (a) Project file (b) Original recorded deed Paqe 4 of 8 1 (c) Original executed right of way agreement (d) Policy of Title Insurance 2 (e) Correspondence, notes,and other information documenting the 3 acquisition. 4 All work shall comply with Caltrans regulations for federally funded projects. 5 C. It is mutually agreed: 6 " (1) The purpose and intent of this Agreement is for City to retain the 7 services of Real Estate to expedite the acquisition of fee parcels and easement parcels (permanent and temporary)for right of way as set forth on Exhibit"A"and identified on the 8 Project Map.The fact that this Agreement specifies that certain costs or payments shall be made to Real Estate by City does not imply that any costs not specified herein shall be 9 borne by Real Estate or not reimbursed by City, however any such costs not specified which Real Estate wishes to be reimbursed by City must be approved by City in writing 10 prior to any reimbursement. 11 (2) City and Real Estate acknowledge that they have reviewed the 12 schedule, herein called"Project Schedule",and attached hereto as Exhibit"D". Real Estate agrees to diligently pursue its duties and responsibilities as set forth in this Agreement in 13 accordance with the schedules set forth in said Exhibit "D". Furthermore, Real Estate recognizes that City may direct Real Estate to cease work under this Agreement at any 14 time. 15 (3) The time required to initiate, negotiate and complete the acquisition of 16 any one-fee parcel or easement parcel is estimated to be sixty five (65) hours. City and Real Estate recognize that the acquisition of certain parcels may require additional time 17 resulting from unusual, unforeseen or unanticipated factors or the need to file a formal condemnation action with a court of competent jurisdiction. Upon the occurrence of 18 circumstances which in the estimation of Real Estate shall require time in excess of said 19 sixty five (65) hours to initiate, negotiate and complete any acquisition, Real Estate shall describe in writing for the City each such parcel or easement and cite the reasons for the 20 anticipated additional time needed to complete the acquisition. 21 (4) Both City and Real Estate recognize that effective communication is 22 needed to maintain flexibility, alter priorities and respond to unpredicted events, therefore, monthly meetings involving City management staff and Real Estate staff will be conducted 23 at a location to be determined by City to ensure full, complete, timely and accurate disclosure, sharing and dissemination of all relevant information and activities. In addition, 24 Real Estate personnel shall communicate and coordinate with City personnel on an as- needed basis regarding the current status and to provide updates as to the appraisal and 25 acquisition process. 26 (5) Any internal communications, including, without limitation, appraisal 27 reports and attorney/client communications, between City and Real Estate, or their respective representatives and subcontractors, shall be considered confidential and shall 28 not be disclosed without the prior written consent from City. Pape 5 of 8 1 8. Resolution of Matters. 2 Any disputes or differences that may arise as between City and Real Estate may be 3 informally resolved by and through City's City Manager, or his or her designee, and the Deputy Director, Real Estate Division, or his or her designee. 4 9. Notices. 5 Any and all notices sent or required to be sent to the parties to this Agreement shall 6 be mailed to the following addresses: 7 City of Palm Springs County of Riverside 8 Post Office Box 2743 Department of Facilities Management Palm Springs, California 92263-2743 3133 Mission Inn Avenue 9 Attn: David Barakian Riverside, California 92507-4199 10 Attn: Deputy Director, Real Estate Division 11 or to such other addresses as from time to time shall be designated by the respective parties. 12 10. Modifications. 13 This Agreement may be changed or modified only upon the written approval of the 14 Riverside County Board of Supervisors. 15 11. Indemnity. 16 Pursuant to Government Code Section 895.4, each'party assumes the liability 17 imposed on it, its officers and employees for injury caused by a negligent orwrongful act or 18 omission occurring in the performance of that party's obligations under this Agreement to the same extent that such liability would be imposed in the absence of Government Code 19 Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, and cause of action, loss, liability, damage, and cost 20 or expense that may be imposed on such party solely by virtue of said Section 895.2. . 21 12. Attorneys' Fees. 22 In any actions brought by either party to enforce the provisions of this Agreement, 23 the prevailing party shall be entitled, in addition to any other award, to have its attorneys' fees paid by the non-prevailing party, plus other costs of suit. 24 25 26 27 28 Pape 6 of 8 u5/u9i2005 u9: 15 FAX 949 223 1180 ALESHIRE & WVNDER, LLP IA 0021002 V' cuuu 'kJ„ ic•:c rII U( IT Ul' rFILr1 5rnINGS FAX P0. 7603228360 F. 00 z 13. Ex"utlon by County. This Agreement shall not be binding or consummated until fts approval and S execution by the County's Board of Supervisors. a Dstod:. f '° CITY OF PALM SPRINGS ,�;�CX�, �;,;1 6 City Manager 7 APPROVED AS TO FORM: fr APPROVED BY CITY COUNCIL 9 sy" Po- i�r"�, ,� ,.� ri,l r) npl r;.� o;.r:•rl�t�i '; ��:e 1 4'�A,� ATTEST: za /City Clerk 14 /EVIEWED AND RECOMMENDED FOR APPROVAL: NET M. PARKS .. FORM M,M'tavco J 17 upervising Real Property Agent COUNTY COUNSEL 1A _ APR 0 5 2005 19 8y: JON 1-1 TCHISON I33y 20 DepuK ty Director � slsrn r oouNn caurL C 21 Dated: �'(]'1 � � ���� COUNTY OF RIVERSIDE 22 -_ s ATTEST: By: 24 NANCY ROM[RQ 25 Clerk to the,Board Chairman Board of Supervisors 27 Deputy. [SijAl.] P8 Pane 7 of B 7PI/05'/ilOCi; NUN 12 '00 ('rf(/BX NU 546-(j QjOGE1 JUL I 2DD5 1 13. Execution by County. 2 This Agreement shall not be binding or consummated until its approval and 3 execution by the County's Board of Supervisors. 4 Dated: CITY OF PALM SPRINGS 5 By: 6 City Manager 7 APPROVED AS TO FORM: 8i , APPROVED BY CITY COUNCIL 9 By: 10 City Attorney 11 ATTEST: 12 By: 13 City Clerk 14 REVIEWED AND RECOMMENDED FOR APPROVAL: 15 16 By: JANET M. PARKS FORM APPROVED 17 Supervising Real Property Agent COUNTY COUNSEL 18 APR C015(2005 19 By: BYI "e 1.\/(wk- JON K. HUTCHISON ASSISTANT COUNTY COUNSEL 20 Deputy Director 21 22 Dated: COUNTY OF RIVERSIDE 23 ATTEST: By: 24 NANCY ROMERO Clerk to the Board Chairman 25 Board of Supervisors 26 By: 27 Deputy [SEAL] 28 Page 7 of 8 1 APPROVED AS TO FORM: 2 WILLIAM KATZENSTEIN 3 4 By: JOE S. RANK 5 Assistant County Counsel JMP:mm 05/02/05 6 225TR 9.142 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pape 8 of 8 1 2 EXHIBIT "A" 3 LIST OF PROPERTIES 4 5 APN NO.'S OWNER NAME # PARCELS 6 666-330-064 1995110 1 666-330-063 1995110 1 7 666-330-072 1995110 1 8 666-330-071 1995110 1 666-330-070 1995110 1 g 666-330-061 1995110 1 666-330-069 1995110 1 10 666-330-060 1995110 1 11 666-330-068 1995110 1 666-330-059 1995110 1 12 666-330-081 Atlantic Financial Group LTD 1 13 666-330-082 Pilot Travel Centers LLC 5 669-060-004 Miner Robert Wilson 1 14 669-060-005 Miner Robert Wilson 1 669-060-019 Victoria Land Partners 2 15 669-060-018 Miner Robert Wilson 2 16 669-093-011 Miner Robert Wilson 1 666-370-025 Chang Family Partners 2 17 669-091-017 Palm Springs Partners 1 18 666-370-023 Pines Compton 1 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" A FACILITIES MANAGEMENT MICHAEL I. SYLVESTER § DIRECTOR COUNI R S I D E DESIGN&CONSTRUCTION REAL ESTATE MAINTENANCE _ CUSTODIAL October 28, 2004 David J. Barakian, Director of Public Relations/City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Re: Acquisition of 27 Parcels Indian Avenue/1-10 Dear Mr. Barakian: Pursuant to our recent discussions regarding the acquisition of property rights from various owners on behalf of the City of Palm Springs, we hereby submit the following: 1. County of Riverside, Department of Facilities Management, Real Estate Division services to acquire Rights-of-Way 27 Parcels at $60 per hour = $105,300 2. Title Reports —27 Parcels = $ 13,500 3. Appraisal Services 81,000 Estimated total cost = 1 9 800 This estimate does not include any rights-of-way costs, improvement costs, relocation expenses, condemnation fees, cost of title policies or escrow fees. Should you have any questions, please feel free to call me at 951 955-9275. V y truly your , et M. you Supervising Real Property Agent Department of Facilities Management Real Estate Division JMP:ss 3133 MISSION INN AVENUE • RIVERSIDE, CA 92507 • (909) 955-4800 • FAX(909) 955.9289 1 2 EXHIBIT "D" 3 PROJECT SCHEDULE 4 6 COUNTY OF RIVERSIDE 6 DEPARTMENT OF FACILITIES MANAGEMENT REAL ESTATE DIVISION 7 8 TIMELINE FOR PURCHASE 9 10 Request for Proposals for Appraisal 4 Weeks 11 Award Contract upon Approval of City of Palm Springs 2 Weeks 12 13 Appraisal Completion 6 Weeks 14 Review of Appraisal by State of California Department of Transportation "Cal Trans" 2 Weeks 16 Prepare Documents 3 Weeks 16 17 Negotiate with Property Owners and Authorization to Sell 6 Weeks 16 1,9rom completion of environmental report and issuance of notice to proceed. 20 21 22 23 24 25 26 27 28