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HomeMy WebLinkAbout00463C - ANDERSON & BRABANT SUNRISE NORTE PROPERTY APPRAISAL LOW INCOME HOUSING Anderson & Brabant, Inc. Sunrise Norte Appraisal AGREEMENT #463C Amend 1 FIRST AMENDMENT TO CONTRACT SERVICES AGREE Exec Dir signed 10-13-03 WITH ANDERSON & BRABANT, INC. — - - --- FOR APPRAISAL SERVICES IN THE SUNRISE NORTE DEVELOPMENT THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT #463C ("First Amendment") is entered into this '3y'day of � i' b)hz-A .. , 2003 (the "Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation ("Agency') and Anderson & Brabant, Inc. ("Contractor"). RECITALS A. On June 27, 2003, Agency and Contractor entered into that certain Contract Services Agreement #463C ("Original Agreement") pursuant to which Contractor agreed to provide appraisal services related to the Sunrise Norte Tract. B. Agency and Contractor desire to amend the terms of the Original Agreement as more particularly described herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 5.1 of the Original Agreement entitled "Term" shall be deleted and replaced with the following: "5.1 Term. Unless earlier terminated in accordance with Section 5.2 of this Agreement, this Agreement shall continue in full force until November 1, 2003." 2. Full Force and Effect. Except as expressly stated herein, all other terms of the Original Agreement shall remain in full force and effect. IN WITNESS HEREOF the Agency and Contractor have executed this First Amendment as of the date first written above. "AGENCY" ATTEST: THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, By: a municipal corporation sistant Secretary/D/f3f0,3 By: APPROVED AS TO FORM. Executive birqgfdr By: ;4 ro- '�l d` 4 ,+till G:cmerei + t Agency Counsel �� � � -_ _ o_J� (Corporations require two notarized signatures One from each of the following. A. Chairman of Board, President, or any Vicei Ic"7C President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer or Chief Financial Officer.) "CONTRACTOR" ANDERSON & BRABANT, INC. f B By: (Notarized Signature) ( otarized Signature) James Brabant, President Gilbert F, Kunkel, Treasurer PRINT NAME &TITLE PRINT NAME&TITLE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l i y ss. I County of SAN DIEGO J p� on OCTOBER t, , 2003 beforeme. DONNA J. COMBS, NOTARY PUBLIC, Dare Name and Tile at Masi-in g,"Jane Doe,Note,Pubhc9 personally appeared ******GILBERT F. KUNKEL*********************** Names)or Sgner(s) Klpersonally known to me ❑ proved to me on the basis of satisfactory N evidence h I to be the person(s)s whose names P O O is/are r tf D_:mNAJ COMBS ifs subscribed to the within instrument and �_ "'`� Conlrnlsaion;y t3.®tQ3 [l acknowledged to me that he/she/they executed Nctnty Public-Caflib nia the same in his/her/their authorized P ,:r Diego count r capacity(ies), and that by his/her/their�1z: J signature(s) on the instrument the person(s), or Ih'1 the entity upon behalf of which the person(s) i acted, executed the instrument. I,hy W�TNESS my an and official eat. ����;55;,5S S19hawre r ter,N1110 OPTIONAL fiThough the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT #463C WITH Title orT eofDocument: ANDERSON F BRABANT, INC. FOR APPRAISAL SERV tES IN THE SUNRISE -XORTEDE'TELOPM NT Document Date: SIGNED BY CONTRACTOR ON NumberofPages: ONE OCTOBER , 2003 Signer(s) Other Than Named Above: JAMES BRABANT 3 I Capacity(ies) Claimed by Signer Signer's Name: GILBERT F. KUNKEL r? ❑ Individual Top of thumb e �CorporateOfficer—Title(sy TREASURER, ANDERSON ❑ Partner—❑Limited El General BRABANT, INC. ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ANDERSON F� BRABANT, INC . fi- I ©1999 National Notary Association•91 De Soto Ave,PO Box 2402•Chalewooh,CA 91313-2402-1.c.lie,Ni laryorg Prod No 5907 Roord.r.Call Tall Fee 1-800-876"6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �'•�'erg'•er���zersr�rcr��sy:crerger��.�r�.erers��•�'•c���c�?•sre���,ercro, State of California ss. i County of SAN DIEGO , on OCTOBER � , 2003 before me, DONNA J. COMBS, NOTARY PUBLIC �I Date Name and Title of Officer(e.g.,'Jane Doe,Notary Publie) ****** ************************** personally appeared JAMES BRABANT �I Neme(s)of S,nosa �. ��J,a�,LLcE:.�..5§.w-n.^emi]seS➢,,.6ll�a-.r,���-( DONNA d COP iSS XXpersonally known to me COMM P+vinnfl13TB19iV ❑ proved to me on the basis of satisfactory z Nulav, PubbC-California evidence .. collntir R $, '\ M,v_,�rrcn f_^,gym-s Ape^,�a,70IS�('�• to be the persons) whose name(s) is/are �uG�srca--trc�tir�dr��.v *1=^vv^rl-�— subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized , irua19 r � 3 capacity(ies), and that by his/her/their I t lA i�. =.,�Clfic-Californiai signature(s) on the instrument the person(s), or ��I County the entity upon behalf of which the persol Apr22,20d?G + acted, executed the instrument. Z,I ITNESS my hand and official seal. Ian ure of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent f fraudulent removal and reattachment of this form to another document. Description of Attached Document FIIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT #463C WITH TINoT1Y oSUoNc IS�EA_A �RSONIE f� B� EN INC. FOR APPRAISAL SERVI ES ije Document Date: SIGNED BY CONTRACTOR ON Number of Pages: ONE OCT OBER , , 003 Signer(s)Other Than Named Above: G I LBERT F. KUNKEL Capacity(ies) Claimed by Signer Signer's Name: JAMES BRABANT ( , ❑ Individual Top ofthum ,em [X Corporate officer—Tltle(s): PRESIDENT, ANDERSON FT ElPartner—❑ Limited [I General BRABANT, INC. El Attorney-in-Fact .I f' ❑ Trustee 'I ❑ Guardian or Conservator 'I I- ❑ Other: i lSigner IsRepresenting: ANDRESON $ BRABANT, INC.F 01999 National Notary Association•9350 De Soto Ave,PD Sox2E02•Chalewo1h,CA91313@502•ww rononalnomr,org Pred No 5907 Reorder Call Toll Free 1-800-87G 6827 Anderson & Brabant, Inc CITY OF PALM SPRINGS sunrise I,brte Appraisal AGREEMENT #463C Exec D i r signed 7-10-03 CONTRACT SERVICES AGREEMENT FC._--- --- - APPRAISAL SERVICES IN THE SUNRISE NORTE TRACT --------------------------------- (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 27th day of June, 2003, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic (herein "Agency") and Anderson & Brabant, Inc. (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 by this reference, but not exceeding the maximum contract amount of Fifteen Thousand Dollars ($15,000 ) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid $15,000. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Jim Brabant 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. The Director of Community & Economic Development 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 Agency. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the Agency 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 Agency 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 Agency. 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 Agency, 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 name the City of Palm Springs, its officers, employees, and agents. as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (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. (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 Agency, 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 Agency with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Agency. 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 Agency, 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 be 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 Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, 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; (b) Contractor will promptly pay any judgment rendered against the Agency, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Agency, its officers, agents, and employees harmless therefrom; (c) In the event the Agency, 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 Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, 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 October 1, 2003. 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 cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the Agency, 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 Agency 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 Agency 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. 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 Agency, to the City Manager and to the attention of the Contract Officer, COMMUNITY REDEVELOPMENT AGENCY OF THE 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. CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES IN THE SUNRISE NORTE TRACT --------------------------------- (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this 27th day of June, 2003, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic (herein "Agency") and Anderson & Brabant, Inc. (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 by this reference, but not exceeding the maximum contract amount of Fifteen Thousand Dollars ($15,000 ) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid $15,000. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Jim Brabant 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. The Director of Community & Economic Development 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 Agency. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the Agency 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 Agency 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 Agency. 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 Agency, 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 name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (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. (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 Agency, 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 Agency with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Agency. 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 Agency, 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 be 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 Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, 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; (b) Contractor will promptly pay any judgment rendered against the Agency, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Agency, its officers, agents, and employees harmless therefrom; (c) In the event the Agency, 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 Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, 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 October 1, 2003. 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 cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the Agency, 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 Agency 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 Agency 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. 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 Agency, to the City Manager and to the attention of the Contract Officer, COMMUNITY REDEVELOPMENT AGENCY OF THE 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. JUN-27-2003 FRI 09:41 AM CITY OF PALM SPRINGS FAX NO, 760 322 8325 P. 07 6.9 Attorneys' Pees. 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, 6A 0 Corporate Authority. The persons executing this Agreement on behalf of the patties 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 First Amendment as of the date first written above. CODVJUNITY_ REDEVELOPMENT AGENCY OF THE-CITY OF PALM SPRINGS Assista44ctary Executive Dir ctor APPROVED AS TO FORM: By, T Agency nsel r� t CONTRACTOR: Checkone:_Individual�PadnershipXCorporation (-� _y,.,'"d'_.t�1 '.,_- Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice t d President:AND 9.secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief FinancialOfficer)`. E34slr�natur9 tnatad fF zed) Signature(notarized) Name' JAMES BRABANT _ _ Name: GILBERT F. KUNKEL __.. Title,;_,_ PRESIDENT Title; TREASURER JUN-27-2003 FRI 09:41 AM CITY OF PALM SPRINGS FAX NO, 760 322 8325 P. 09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '^f'4i�4;'(3(:•YiR�S'riG�,'N.�a4"�,.1��!ll�hY1^s5:i'S'rfi`5�.'�'_A���'��i4^S"s�'r4�iG'S✓F7Sly`�i.'`�r'{'�r.'GGr�ie'S�.��`�.'.Gov'f.5".tC.�'",r.+.1°Y";Sr'�i.�i'i4'':`.r4'.�:��v�'1C,"�^ + 1 Stair,of Wifornia I ss, i Counryof SAN DIEGO, ,,_,__ I; On,,,,,.,,JUNB 27 , 2003 before me, DONNA J. COMBS NOTARY PUBLIC ••�•• -^Neniaand Tnluof eHlmrn 0-9 ... yroerre•,••.•---- __ Cpin ( 0•�J•en0 pn r NJIJr personally appeared _-,.„,JAMES BRABANT NA1Hn(b)oI Srpnw(c) FJ porsonally known to me XEX)proved to me on the basis of satisfactory evidence IS, I 7 to be the person(s) whose names) Ware ` subscribed to the within Instrument and acknowledged to me that he/she/they executed the sam❑ in his/her/their authorized �l capaeity(ies), and that by his/her/their J DON""A J e.ONABS signaturo(s) on the instrument the person(s), or Commi"'iun F.1348193 the entity upon behalf of which the person(s) I Notary Public-Califoml4 !E actod, oxeculed the instrument_ 'I lq I San Diego County rr MgC�ra"T D pira Apr'-2,200s 1j 4 1TNESS myihand and oH'cial scat. I ,f"�>p ,�?,-d�,T�i I j� &1 ml,m or NolQ'y Pointe Il, P �� I opnONAL • Though 1170 Informnrion boloW is not roquired bylaw,It trwy prove valuable to parsons rolyng on tha document and copld prevent Iraudulont romoval and reattachmont of rhis farm to another document. Description of Attached D ntt OF PALM SPRINGS , CONTRACT SERVICES I Title or Type of Document: AGREEMENT ISAL SERVICES IN THE AGREEMENT FOR APPRAISAL SUNI71SE NORTE TRA-C- —" ' I Document Dale;_ SIGNED_JUN_E_ 27 2003 Number es; SIX, - XCLHNE 0P� �'1'FIIS NOTARY PAGE AN"D Signer(s)Other Than Named Above:m,,,,•,•„_G I LBERT F._-KV , - EXHIBITS I• '1 Capalcity(ies) Claimed by Signer Signer's Namo:___„. JAMES BRABANT _ .,.. 0 Individual lop of Inumn Hero NX Corporate Officer—Title(s): PRESIDENT D Portnor---Li Ornited 11 General I LI Attorney-In-Fact I fa Trustee U Guardian or Conservator BANT INC . SlgnorIsRoprosenting:-,, A_NDERSON B . I .. `�X'.'Cew'''i^R;�'�`S"r3X'3M'f'n^'^�`�a"r'4''��.,�-.'.�"4'�'4`.�'.*JI^-Y>"r.-t'"ft:i'�r,"•"t5t.).^�4^r.3+, 01 MO Nanarurl Notary Ar Xj11[)oe•P$O nu Sum A,..,PC.0.o4oe-Cmlf.goh,CA 91310-1,102•vmwnullonalrwruy mp rmC No,6007 Hoorde Coll Tall Fnm 1 NOO 8741+O2.7 JUN-27-2003 FRI 09t41 AM CITY OF PALM SPRINGS FAN NO, 780 322 8325 P. 08 CALIFORNIA ALL-PURPOSIE ACKNOWLEDGMENT i 5tata of Caliiornlo — � .I t County of SAN DIEGO ` ss, I OnJUNE ,27� 2003 -_baforeme, DONNA, J. COMBS, NOTARY PUBLIC 6.Im Nr,lne and 1.11.of 011FOO (a9•sync MN NUllny Public') GILBERT F. KUNKEL personally appeared rjmm�(x)ul Signor(:) W n porsonally known to me IN proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrumr,nt and acknowledged to me that he/sholthey executed I I•. the same in his/her/their authorized 'I Ce_—r^sf_.-.2,iw,..n',�nJa._.91�+—r,•a, Lam.:-_'2-'.-: Dn€mA I COAALIS h, capacity(ies), and that by his/her/their I �i corilmission a 1313193 signature(s) on the instrument the porson(s), or Ii =ri,ry Hotor/Public-Ga lonlia y the entity upon behalf of which the persoh(s) I s; Szn Diego County Fr acted, executed the instrument. p,rC7wfl r"UIrm- Prul@a �CM1Gp „ �_• > +,u � �"' WIT�E65 my hand(p�r ofilolallA ai. p �' °,¢mWra�k>f mry�ppldC WALL- II I OPTIONAL rhouph the Ntronaallon below is not requ4od by law,it may pmoo valuable to porsorlS relying en the document and could pl"ovur+t (,' hoadureni removal and ma0achm9nf or Vs rom,Tn emxhor document. I Description of Attached CD)r�TTOt PALM SPRINGS , CONTRACT SERVICES Title or Type of Document—AGREEMENT FOR APPRAISAL SERVICES IN THE �UNRTS��i (51FI'E�RCT.. Document pat a:, SIGNED JUNE 274 2003 Number ofPages: SIXt_ EXCLUSIVE OF THIS NOTARY PAGE Signer(s)Other Then Named Above: JAMES BRABANT AND EXHIBITS I I Capacity(ies) Claimed by Signer i Signers Name:___...GILBRB'L,F.= KU]YKE,Ib_ ...__ I .x I' I.] Individual Top JI mNrr+b fiord I XX Corporate Officer--Title(s):_,•_, TREASURER C.I Partner—f)l.imited gGencral 11 Ll Atlornoy-in-FactI U Trustee I r I Gua(dian or Conservator 1' L) Other:.------__.,._ ..._. ANDERSON $ BRABANT INC . Signer Is iloprasnnting:,.,,., -- I �5,v:/t^'t?:C'`f)�,r"'F"%}s"+F,`$`:}ti'.'fn"'.v'i+t3.Pi7"`�V"Y`-t�ti^..t'4�.•E.''il'.,`S'.#;"<'-L'^ '�"''�w"'`^�'`rS'ti^S`R:^f`.R:"`•'�4�f.�'.,•'�'x,^'S'.tSrcL're4`�4'4'':trS^.+L"'�"1Ls:4�-�S'1_'z.'`±�:L`?'tT:Y„yl 01009 Naliennl NnlaryF,.xwiu(vu,•OJLO Du Sum AVrp,RO,D)x2a02•ChaIwO4h,CA 01313240e1 wwwnnlhIMI Ulary Org PIOrl.No.S001 HumeOr:Cup Tull Fruo IF OOM0 OW] EXHIBIT_A_ SCOPE OF WORK Contractor shall provide the City appraisal services related to the Sunrise Norte tract, north of San Rafael Drive at Mountain Shadow Drive and consisting of 53 City-owned residential lots leased to homeowners. Such services shall include, but shall not be limited to: 1. Provide opinions of market value for each of the tract's 53 lots. 2. Provide an opinion of the current market rent for each of the 53 lots. 3. Prepare a brief and rough analysis of the leased fee and leasehold interests in the land. Contractor shall prepare a complete appraisal in the form of a summary narrative report as would be defined by the Uniform Standards of Professional Appraisal Practice (USPAP). The report shall be completed within 60 days of the date of the City's authorization to proceed. SCHEDULE B SCHEDULE OF COMPENSATION The Contractor shall be paid the sum of $15,000 upon completion of the appraisal report and acceptance by the City. FEB 13 2003 12:39 FIR 5098357061 TO 921?603228325 P.02i05 AC RDn CE�tTIFICAA� Yl )OF LIABILITY INSURAN I °02/13YD3 mtococs NORTH COUNTY INSORANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY PO SOX 907 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS ESCONDIDO, CA 92033 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE (BBB)661-3938 COVERAGE AFFORDED BY THE POLICIES BELOW. ITVT96 700 INSURERS AFFORDING COVERAGE INSURED ANDERSON A BRNIMT, INC. INSURERA- The TwelaS Indemnity Company OF Connecticut 353 W NINTH AVE WSURERa: The TraveleTa Indemnity Company Of Illinois ESCONDIDO, CA 92025 INSURER0: Nla INSURER DI NIB INSURER E; N!a COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Set TREOFEWIRARCE FOLIC/Nulom FOUCYEFF4rM MUCYL"RATION UANT$ OR DATE(1101)TYn OA7EBGLID (IENERALUASILM 680-832w95B4-02 01/19/2002 07/19/2003 EACH OCCURRENCE $ 11000,000 A r7GU*RALLVjjnY FWEDAOEEVR'wb) $ '300 000 MADE ElOCCLR MEDEePpMaMp ^I $ 5 000 PDITLTRµ3ADVHARY 1,000,000 rDfPALAGGRECATE $ 2 000 OOO GWt AGGREGATELMn APPUE3m : PRODIA.TS'MMWPMT, $ 2,000,000 x irom ND L00 AUTOMOIILE WOLrrY 680-832W9594-02 07/15/2002 01/19/2003 CWJGNEOSINOLEUMD A ANYAVTO IERcedom $ 1,000,000 ALL OWNED AUTOS EDCILYINJURY 80HEDULEDAUIUS E'NPRTPPI $ E HRm AUTDS OMYINJURY X NONUWNEDAUT08 PEradAnq $ PROPERTY DAMAGE (PerKtl" $ OARASEIJANUTY AUTO ONLY•FA ACCIDENT S ANYAUR] OTHERTHAN EAACC $ AUM ONLY: ACC $ E;DE36LWAm COP-2627WB76-02 07/19/2002 07/19/20011 EACHOW"ENCE g J.ono'000 s x OCCUR ©MAMSMADE AVAIGATE S 1 000 000 OEDUCTM S X AunwnCN SO $ WORm"COMPDISATIONAND w m rOPY ow . m BT WLOYMUABUTY E.LFACHAOCIDEW T E,LWSEASE•EAEMPLOYF£ is E.LWSEASE•PPLICYLILIR' Is OTHER $ $ $ DESCRIPTION OF OPERATIMMLOCATIONOWEHICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL FRCV..;S THE CERTIFICATE BOLDER IS NAMED AS ADDITIONAL INSURED DURING THE POLICY PERIOD AS PER ON0138 BUT ONLY AS RESPECT$ T0: JOB #03-029, RIM THE EVENT OF NON-PAYMENT OF PREMIUM ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN, CERTIFICATE HOLDER X I ADDITIONAL INSURED,INSURER LETrFiU A CANCELLATION CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED REFORE THE ATTN: JOHN S. RAYMOND EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 3200 TAT4QDITZ CANYON WAY DAYS WRITTEN NOTICE TO THE CERnMOATE EA-r,HOLDER NAMED TO THE L BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON PALM SPRINGS, CA 92262 THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(779T) 0 ACORD CORPORATION 188E FROM :ANDERSON and BRABANT r FAX NO. :760 741 1049 ---,,Feb. 14 2003 08:33RM P3/4 [1487tlS2S 1 To , 700741104o�_— 15 :I i 4F F.'P nn.r, of S IMPORTANT If the certificate holder is an ADDITIONAL IN5URED, the policy(ies) must be endorsed. A statement on this certificate does not cohfef rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing inswar(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alterthe coverage afforded by the policies listed thereon. ACORP 25•S(7/97) :4 CL, ,FI`CATE HOLDER CO,PY'r"A)F- PA, , STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 �� Fpp COMPENSATION b Cp INSURANCE O�nn� FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE FEBRUARY 13, 2003 GROUP: POLICY NUMBER: 1669181-2002 CERTIFICATE ID: 22 'CERTIFICATE EXPIRES: 12-11-2003 12-11-2002/12-11-2003 CITY OF PALM SPRINGS 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissionerto the employer named belowforthe policy,period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also,give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-11-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ANDERSON & BRABANT, INC 353 W 9TH AVE ESCONDIDO CA 92025 crm, +as