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HomeMy WebLinkAbout00456C - LIDGARD ASSOCIATES APPRAISAL RAMON GENE AUTRY APN 677-420-032 677-420-033 677-420-034 Lidgard E Associates • Ramon/Gene Autry Appraisal AGREEMENT #456C CM signed 10-30-02 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES RELATED TO 37.6 +ACRES LOCATED AT NORTHEAST CORNER OF RAMON ROAD &GENE AUTRY TRAIL THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this. Ch day of �7r1Tc? , 2002, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,CALIFORNIA, a public body, corporate and politic, (herein"Agency")and LIDGARD AND ASSOCIATES INCORPORATED, a real estate appraisal and consultation firm (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated herein by this reference,which services may be referred to herein as the"services"or"work"hereunder. As a material inducement to the Agency entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and,in light of such status and experience,Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Agency and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Agency against any such fees, assessments,taxes, penalties or interest levied, assessed or imposed against Agency hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a)has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed and (c)fully understands the l:+Mt 9Ni*L -�- �1 r� �s•wFrF"a,?R e'p4��� facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affectthe performance of the services hereunder,Contractorshall immediately inform the Agency of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to fumish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages,to persons or property, until acceptance of the work by Agency, except such losses or damages as may be caused by Agency's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. Agency shall have the right at any time during the performance of the services,without invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii) the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent(5%)of the Contract Sum or $25,000;whichever is less, or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Agency. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements"attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B"and any other provisions of this Agreement, the provisions in Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Seven Thousand One Hundred Dollars ($7,100.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum -2- • s payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii)payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the Agency; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1")working day of such month, Contractor shall submit to the Agency in the form approved by the Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, Agency shall pay Contractor for all expenses stated thereon which are approved by Agency pursuant to this Agreement no laterthan the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance"attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight embargoes,wars, litigation, and/or acts of any governmental agency,including the Agency, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the Agency for any delay in the performance of this Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3A Tenn. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)yearfrom the date hereof,except as otherwise provided in the Schedule of Performance (Exhibit"D"). -3- 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Scott A. Lidgard, MAI It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the tern of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement,the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be transferred,assigned,conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Agency. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of Agency. 4.4 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 herein. Agency shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents,or in fixing their number,compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with 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. Agency shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise -4- i • or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 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 at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the Agency as an additional insured in accordance with standard ISO additional insured endorsementform CG2010(1185) or equivalent language. (b)Worker's Compensation Insurance. A policy of workers compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $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 and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. 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 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the Agency with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the Agency. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in anyway 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 4.3 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. 5.2 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 -5- 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 attomeys' 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 are 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 attomeys'fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to Agency a performance bond in the sum of the amount of this Agreement, in the forth provided by the Agency, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the Risk Manager of the City of Palm Springs ("Risk Manager")due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the Agency, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the Agency Board within ten(10)days of receipt of notice from the Risk Manager. -6- 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the Agency is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officerto evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Agency, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the Agency shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees,subcontractors and agents in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the Agency's sole risk and without liability to Contractor, and the Agency shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to Agency any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other ` appropriate court in such county. Contractor covenants and agrees to submit to the personal -7- jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising underthis Agreement,the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit Agency's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes Agency to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and (ii)all amounts forwhich Agency may be liable to third parties, by reason of Contractors acts or omissions in performing or failing to perform Contractors obligation underthis Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Agency may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Agency to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractorto insure,indemnify,and protect Agency as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting 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. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default,to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay to the Agency the sum of Zero Dollars ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of -8- Performance (Exhibit "D"). The Agency may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to Agency, except that where termination is due to the fault of the Agency, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination,the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non- terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided thatthe Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated. 7.10 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 attorneys fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Agency Officers and Employees. No officer or employee of the Agency 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. 8.2 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee -9- 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. 8.3 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 insure 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. 9.0 MISCELLANEOUS PROVISIONS 9.1 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 Executive Director of the Agency 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. In the case of the Contractor,it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 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. 9.3 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. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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. 9.5 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 -10- 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. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, ATTEST: CALIFORNIA, a public body, corporate and politic Assistant ecre ay \ ��, Executive D' APPROVED AS TO FORM: ,, ,/ (Check one: _Individual_Partnership By: �+.- S-Corporation) Agency Counsel &Akl wa fee r. .ffVVUW-t^— CONTRACTOR: J Corporations require two noladzed signatures: One from each of the following: A. Chairman of Bcard, President, or any Vice B / President AND B. Secretary, Assistant Secretary,Treasurer, SignatLu nze Assistant Treasurer,or Chief Financial Officer). :510-77- L J � Print-Na&&Title ATTACHMENTS: ignatu (Not rized) EXHIBIT "A" Scope of Services EXHIBIT "B" Special Requirements EL�� Z scc 7�f EXHIBIT "C" Schedule of Compensation Print Name &Title EXHIBIT "D" Schedule of Performance Mailing Address: Lidgard and Associates Incorporated SUBSCRIBE AND SWORN TO BEFORE ME 2808 E. Katella Avenue, Suite 107 ��� z Orange, CA 92867-5246 THIS__ACAY OF 0CGoj+� 2rN BY Sc6 j-F /-I L,�Laer�•� A` 7�@ VA'RSHA 6HATf Commission# 12292B5 NOTARY PU LIC z � NotoFyPUblIC-Lau1nonq Orange County MY Comm.Expires Jul 18,2M3 11 APMOVED BY THE MY MMAGER EXHIBIT"A" SCOPE OF SERVICES The purpose of the appraisal is to estimate the "as is" market value of the subject property in 3 nodes: (1) consisting of two Agency-owned parcels of land comprising approximately 13.75 total acres(APN 677-420-032 and 677-420-033), and(2)an approximately 37.58 acre parcel consisting of the previously described 13.75 acre parcel and a privately owned parcel of land containing an additional approximately 23.83 acres (APN 677-420-034), and (3) a separate valuation for the privately owned parcel if developed separately. The second option assumes that the parcels are assembled and are sold to a single purchaser as of the appraiser's date of inspection. The first and third options assume that the parcels are developed separately. The use of the appraisal is to report findings of Market Value in a manner usable to those charged with the responsibility of computing just compensation based on the State Rule of condemnation. The property rights being appraised represent the fee simple interest of all future benefits that may be derived from the property's present or possible use, except for existing easements and rights-of- way record. The valuation study will include all real estate items (land, building, and appurtenant on-site improvements), exclusive of non-realty, fixtures/equipment, if any. It is understood that most of the privately owned parcel and a portion of the Agency parcel are the site of a prior landfill operation that has been discontinued and may contain contamination. It is understood that the appraiser is not an expert in evaluating environmental contamination and will provide an estimate of value as if the site were clean. Appraiser should describe how estimates of cost of remediation would affect value and provide a methodology as to how such estimates should be used with the appraiser's valuation estimates to establish value in a contaminated state. The appraisal report will comply with reporting requirements set forth in the current Uniform Standards of Professional Appraisal practice(USPAP), under Standard Rule 2-2(b)for a summary appraisal report, will incorporate, by reference, the data and valuation analysis contained in Contractor's office file/data base and wilt comply with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. The formal narrative appraisal report will be reported in a summary report format which will lead the reader to the appraiser's conclusions of value. EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT -12- EXHIBIT"B" SPECIAL REQUIREMENTS Section 5.1 (a) The Contractor's "Comprehensive General Liability Insurance" requirement is waived. Because of the nature of the work, the Contractor is required to have "Appraisers Errors and Omissions" insurance with a $300,000 limit of liability, and a $600,000 aggregate limit. Section 5.3 "Performance Bond" is deleted. EXHIBIT"B" TO CONTRACT SERVICES AGREEMENT -13- 0 r EXHIBIT"C" SCHEDULE OF COMPENSATION The Contractor shall perform the Scope of Services on a lump sum fee basis of Seven Thousand One Hundred Dollars ($7,100.00). Payment of the Contract Sum shall be made upon the satisfactory completion of the Scope of Services and delivery of three (3) summary appraisal report originals. EXHIBIT"C" TO CONTRACT SERVICES AGREEMENT .1A. EXHIBIT "D" SCHEDULE OF PERFORMANCE The finished report shall be delivered within six (6)weeks from the date of authorization to proceed. EXHIBIT"D" TO CONTRACT SERVICES AGREEMENT -15- M E M O R A N D U M DATE: October 31, 2002 TO: Curt Watts— Redevelopment Administrator FROM: Office of the City Clerk RE: Lidgard and Associates Incorporated, A456C: CC: File Attached please find two copies of Agreement No. 456C, with Lidgard and Associates Incorporated, for appraisal services regarding northeast corner of Ramon and Gene Autry, approved by the Executive Director on October 30, 2002. Please forward one copy to the contractor, and retain a copy for your files. I have retained one copy for our files and forwarded a copy to Finance. Barb cc: Finance w/agreement 09/06/2002 12:47 7145224916 FARMERS INS PAGE 02 PDXCy NLlfllq,/ 02 02 !6 ACORD- CERTIFICATE OF (LIABILITY INSURANCEDAYS 9/6/2002 FI W"It Manser Insurance Agency THIS CFRTIFICATE IS 198UED AS A MATTER OF INFORMATION 167DO Valley View Ave.,Ste,190 ONLY AND CONFERS NO RK3HTS UPON THE CERTFICATE La Mirada ca.90638 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lkk0774536 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 7WS21-3672 F#714-5224516 INSURERS AFFORDING COVERAGE INSVnO iidgazd L As•ociatea INSURERA laT.R+><+ xn.uxaaco go Scott LidgALFd INSURER a: P1 SrS IM>ui 2809 Z. Katella Ave. R107 Orange, CA 92267 NwmAD: ge NSURER E, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITNSTANCMG ANY REQUIREMENT,TERM OR OONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY IN E38UED OR MAY PERTAIN,THE INSURANCE AFFORDED 1IYTHG POLICIES DESCRIBED HEREIN I6 6UWFCT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF$UCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE GEEN RED(,CED BY PAID CLAIMS. I k TY FE MWANCV I POLKY FCRYE EOUOTERARATNIN POLICY NUMEEI uwn aENERAL UArLm EAON OCdJRRENCE s1,000,000 A MR MERCIL UMM WERITY 09402 62 96 10/1/2001 10/1/2002 FRE DAMAGE(AAraN nn) t , CIAWS MADE I,�000VR MEO EAP,LII enA •moral S ,0 0 •- PERSONALAAOVRJJURY S !I_ MRALAGGNEOATE s1,000,00 OEM(,AGORaOATC LMIR APPLIES PER' PRODUCTSCOMPpP AGO t , , pOuCY17- n LOC AM MILE IJAW I - ANYAUTO OOMMINEOMNGLELMR S IEe eodOeltll ALL owNE0 Auro8 a i -- 5 ,+CNcwacoauTDE 13832 91 56 1/25/2002 1y25/2003 IpD EPa�)W s 2901000 HRIED AUTOS - NON-"RQ AUT08 I FDDRr IN&W s500r000 PRO(PAr iPNdeeERTY DAMAGE S100,000 aANAaE uwuTr ANY AUTO I AUTOONLY�EAACCIDRTT S OTHERTHAN EAACO S VMS AUTO ONLY: ADO s LU1lMYI�' OCCUR CWMS MADE EAGMOCOURRENGE S AGpREfUTE, .. DEIXICPELE : RETENTION S � S WORI=S COREERSATON AND S ENPuynw IIAWJW C A L< 07N, F.L FACM ACCmFNT S E L OISEARE-E/1 EMPLOYEE T C oTR DL®RELLA POLICY 09397 34 57 9 28 2001 9 2B 2002 EL DIREAaM.POLX;r LMn a D UH&RZLLA POLICY 09416 20 17 10/2/2001 10/2/20D2 00, 00 $1,D00,000 DWMPTIQNW WFPAMN LOCATI ONSNENCLEt/EMCLUVI ADOEOWENDOIbEIE"TIiPEWLPRpyIaON! 250 Deductible D Sash oc�„r ADITIONAL DYSORZD: CITY OF PALt4 SMD;GS DEPARTMENT OF CobtdMITY C. ECONOMIC DEVELOPMENT ATTM-CURT RATTS XCDZWX,OPt4ZNT ALra...-.i,_.. wvit 3200 E. TA=TZ I^AITYON ROAD, PALM SPRINGS, CA, 92263 C-Dmbrulla Policy in additioaai Liab:Llity for Avto PolicZr #130329155 D-Uldarella Policy is additions-1 Liab:Llity for the Coameroial Policy 094026296. CERTIFICATE HOLDERAp0I7T7TSRA mwm,D-.NUUIER LETTER: CANCELLA City of Palm SgriDgX De IOPQo t of Q �yRNOUW AM OF THE MO"DE-MAIM POLIC30 W CANfELLEO ann THE ERMRAmum 6 RCorkmmdc ds V to VATS TWREOF,r)4'"MO INe M WILL EMOEAYOR TO "L30 PAYS ""MN Py,, Attn: Curl: WILttL NORCE TO THE MRl1FlGTE HOIDEN NAIXED TO THE LENT,aUT FMLURE TO DD SO SHALL 3200 Y �.<L2 C3riyDLL Road RIPOSE NO oMJGMION OR LUaILrM OF AMY RND UPg1 THE IlelwpL fry AAEXII7 OII PiIM Spring., C;, 92263 REPR ENrA7IYEa I AU Rooftt I ACORD 26s(7ro7) (DACORD CORPORATION T9E8 0/23/2002 04:08 714633I9 LIDGARD rND AS SOC PAGE 02 10/23,'02 14:33 BAI 85`0 57e1 5983 13 , ROBES GROUP SCO ID , F.6-WE CERTIFICATE OF LIABILITY 1 SURANCE o 23/o2 MOOD" TTIFs OERIFICASE TS ISSUED AS A Ms OF INFORNI,TI . Hobba Group, LLC ONLY ANq CONFERS NO NIGHTS UPON THE CFANRCA7E 1825' South Grant LLC Street HOLAE0. iC CERGE AFF DOES NOTA�TA 65 0S OR . ALTm TH COVERAGE AFFORDED BY THE POLkE3 EEIAW. Suite 700 Gaff Mateo, CA 94402-2672 WSUHERS AFFOVaNG COVERAGE .Wnlm--� � nrcuxE�,. 5.*estche5ter Sut�lus L�" Ins�Co. Scow Alan Udpatd Naalma dba Lidgard and Auodaw ----- — --'--- 2808 E KaWla kve-Suite 107 WsuRENa Orange,CA 92667 NaiaEr T --'--^--- COVERAGES THE POUCMS OF INSUPANCE USTED EELCW.HAVE SEEN ISSUED TO THE IMMAED HAN.ED MOVE FOR TM MWCf PERIOD WgCATM NOTWTFLSTANDIRG ANY REWIFFNEHT. TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO Wow THIS CSIMFICATH MAY Be ISSUED OR MAY PE UNIN,THE INSURANCE AFFORDED BY THE MUMS DESWMED HEREIN lS SUAJECT TO Al THE TEAM @=JA 1"AND CONOMONS OF SUCH POUOES AOOREOATE LWITSWOWV MAY HAVEBEEN REDUCED OY PAD CLANS, r—T'MEOFtYIAYVCE IOLKYNOM9FR ATErAMMMU Uw"I .. OW&IaAL UAW"Y 6W1_omV SCE t .�_ CWMFNGlALGFNFIIN.LWa11Y Fl11E pNiME IM N11 ice_ — J aA00 MADE 0=0 AED Pzl�-F+r+�m i VEImruLaAm PFUAv t AEN'LARpRROATELAMTJAFxIE9PET: PROOYLTl��OOYADIAD2 s AwwMa eLMA RY Ct7NDAVEDt9AMWNM = ANYAUM IEaAm4AA}— ALLOWWDAUTOG NOgi.YMWY s—•- 10HOV AD AVTOt IPYPMIND r_ /WIWANOG ODDLY INJURY A NOWDWNEO AAJX6 GARME41Wt1TY AUIOOM-Y.EIIl2TOF1�r G _ IYNAVTO I I Ot11ERT11AR fiAIiDC f ^� AumONLnAQQ t RmEss LIAMfIT ' i FAaloecunnFrDe s OODINi CLAIMS MAOF o t — �eTeTrloN wPtaNFisN WDIt0W#VLPEMATpn AN9 vicsrA AtNn+' ------ e.LFAa,AecmrNr s e.LDt1FAPe-rAbI'LOlEE i •-•--- Ex-GMEW-POUCYHWT i A oTHFRB&0 N00194104 04/02/02 0 /02/03 $1,000,000 oscan00rF oPawwnwNoeAeoxa�vFJaaEilezLT.isIOFaADDEo it ENornuFHengeau rRONaID.s tviaeDce of Real Estate Appraisers E&O Coverage �4 I HOLDER I IAbbMDNALW9UPi0:!na!!LLMW- CANCELLATION ' alloutnAAYDFTHE wFDsmw9ED,ouc�EstGerHDEutoeFfe9tTnssavtVRpx Cky of Palm SP&D DAM TVF ..WC sw04 mumAn rAu o AYSN TOM YL3 0 DamrTFlsea Mt CUR Wags NOTICETOTHEM ATENWOERwMEO LtFiOWFDWNETOD090MALL Dept of CommuTdty Da.t4 MPanEROONL D ORLLLFiUiYOF YMN uPONTNE N9V11lRTT9ACENTtoN Economic Dev. 3200 F-TaTi2 eFFNE9eRA 3200 E.Ta4u¢Carryon Rd. AVOCRIsE0 m b w*Rc,3" Ja'TI1 oL 2 #200658 ROA OACOAOCORPORAMONt900 20•d SNE7WINUiS 301-1 95:4T Z09Z-0-130 I <002 01:12 7146336 LIDGARD AND A550� PAGE 02 OOT-14-02 MON 01:20 PM FAX NO. PI 05/13 10114JAO02 12100 M TRg HAnTFOgD PACE 2 OF 2 �. CERTIFICATE OF LJABIL ITY INSURANCE v M -14T2002 VMS Clanp'iew Sa zoom As a)m1'n ar SxDaaMucir VVER20R ACCESS INS SRVC INC/1CYC owl Man!owns mo S1/174 mom SAW car"Imm 191640 VE(100)457-2379 AE(210)732-3593 n=vS. mecrlvm Fouwarmaim, arema1 P. 0. TOR 33018 mw� AmPa2xo covsaa�ll BAN TO 0 79265 '"N"M gmakluarttord CIGUILIE—VIng Ca LIDWII no ASGOCIATEB INC mm 200a a ShTELLA Avg #'107 :< IQMN-QF ea wOW=Or OAAInA1C1 =US*WLQR SAVE AM 7E17E0 70%A aAIMp UM AMOK 109 aS DMUT 02=0 INUMM73,l WMlSftAKZWffl Awr vL0l7lWYb, rqa a OwAAlm m AM AAAaACA Ol on"ompo l writ Awmect AE S1201"A clownam)061 AN SA1DE0 Ail rl7 11M17A!". 7fa rNAa1NgA AnWOIID 11 wm M40ISE DWOMMM CCIiIN sl am%;m 70 ALL VAN Won, 2240120011 AND 0010302OlA Or 1VDIra, AOatwa=11 ISCAI 1lr PAY/Els llDUMA Ar PAID 00AI10. A Yr eua■ ■IAvanleur rn A 1 0 00 A A set 72 ODA AB2420 10/01/02 10/01/03 m a 09 aAIIA EaE�iA111 0 X HL7giflgMe T.4 u RLISL ■ 1 00 00 'A A1aw as anwa"maul it Alwb■v ppm� SA all A Iw■wiM. 7 ar! 1 ALA wm ONO YyQp1Y �a� I 111®@E0 Arm pH■P�KI ! Run AORA rlli!n"rr 1 YhIy1■a AVIY (NA MgAwYJ � r■ra A1/r / pn■uYrt� ' Asks&JU M1r , Axr Avr �AeY�nnA"71,• AAA Am IA%tunair . leer ❑mAm AAn y AAA0.T"■J ■AIM 8000M I as AAr/AN-AlNRm A.S. me .wn A�01nA'w AN vAYA16.A01waA{M/YgOOYAw9AIm"M wr rxaiMWM/wRW roIi"cM . Those Usual to the Insured'■ operations. Wk IIOD00 ■Mili■1"1A l��ti n■m yw.,. d'e C1ty 0! Falm Sprin ■ olipartment 0f lmmxml cD A17 o NO MM Dua)/lm vazram am wAAAa w Eemr Art I7AOI0S willow,IRS loam xmm IQAa "OnVOK w 1AI C4mmunitq ik EPcn tr gPvalOpDtaRt M7A MILS f!a aAn Ear wax M=W) m !1m va7uraA AttRr Curt watts Redevelopment Adm■ oa xAw"m ow ra14. M rAraau[o Da Sa a"rmvnl xA 3200 T. TaquitE Canyon Rd. =warn atAEum. n axr ErlD uneA VAN almax, rAA Aauww v Palm Springs, CA 02263 Amovicup ON missRUSS �� AMM !A-E t7/E7) •aGa1D aoEroEAasax 1lEE CIOICATE HOLDER COPY STATE P.O. BOX 420807,SAN FRANCISCO, CA 94142-OB07 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 6, 2002 GROUP: POLICY NUMBER: 1511897-2002 CERTIFICATE ID: 25 CERTIFICATE EXPIRES: 05-01-2003 05-01-2002/05-01-2003 CITY OF PALM SPRINGS ATTN: KURT WATTS 3200 E TAQUITZ CANYON ROAD PALM SPRINGS CA 92263 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the 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. L� Ati AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF PALM SPRINGS ATTN: KURT WATTS ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LIDGARD ASSOC, INC 2808 E KATELLA AVE #107 ORANGE CA 92867 SCIF 10265 rEPF•UI:KG 1