HomeMy WebLinkAbout00067C - DESMOND MARCELLO DESERT FASHION PLAZA APPRAISAL _ Desmond & Marcello - appraisal
• & goodwill services/expansion
proj/Des Fash Plaza-PA#lB4&6
AGR #67 , orig 12-7-83
Res 184, 12-7-83
AGREEMENT FOR GOODWILL LOSS APPRAISAL SERy-rccz -
THIS Agreement, made and entered into this 7th day of December 1983, by
and between the Community Redevelopment Agency of the City of Palm Springs,
a public body, corporate and politic, of the State of California ("Agency")
and DESMOND & MARCELLO, INCORPORATED ("Consultant") , with its principal
place of business at 661 Washington Street, Marina del Rey, California
90291.
WHEREAS a Redevelopment Plan for the Central Business District Redevelopment
Project has been adopted; and
WHEREAS Agency is charged with the responsibility of carrying out provisions
of said Redevelopment Plan; and
WHEREAS Agency has entered into an agreement with North Plaza Associates
and South Plaza Associates which will require appraisals of goodwill for
several businesses which will be relocated by the Agency.
WHEREAS Agency is in need of goodwill appraisal services to determine
the loss of goodwill , if any, as provided in that Agreement between Agency
and North Plaza Associate and South Plaza Associates partnership, dated
as of November 8, 1983.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, THE PARTIES HERETO AGREE
AS FOLLOWS:
A. SERVICES TO BE PERFORMED. Consultant shall provide to Agency,
goodwill loss appraisal reports, goodwill loss consultation
services, or written review of goodwill loss valuation services.
Consultant shall appear in any proceeding, judicial or other,
to testify as to the value of goodwill and goodwill loss related
to the business for which a report has been prepared. Consultant
shall correct any defective work subsequently discovered and
all incomplete, inaccurate, or defective work shall be remedied
by the Consultant on demand without cost to the Agency.
B. COMMENCEMENT OF SERVICES. Consultant shall commence the
performance of the services required by this Agreement upon request
of the Agency or its designee.
C. PERFORMANCE OF SERVICES. Upon receipt of the request for work,
Consultant shall meet with the appropriate Agency personnel to
discuss the work required and any special instructions of the
Agency which may pertain to a particular business.
D. CONSENT OF AND RELEASE BY OWNERS. Agency shall , prior to
appraising any privately owned property, secure consent to conduct
such appraisal from the tenant, occupant, or person in possession.
E. COMPENSATION. For Consultant's services, Agency shall pay the
Consultant at the following rates:
Appraiser in Charge $130.00 per hour
Sr. Appraiser 90.00 per hour
However, it is provided that Agency shall pay Consultant for
minimum of four (4) hours whenever Consultant is called to testify
in a judicial proceeding.
The maximum amount payable by the Agency under this Agreement
shall in no event exceed ($40,000) .
Consultant's work shall be the final responsibility of Glenn
M. Desmond, MAI and qualified staff members.
F. METHOD OF PAYMENT. Consultant shall present monthly itemized
invoices for services rendered under this Agreement. The invoices
shall include, the number of hours worked, and the maximum
compensation permitted under this Agreement and the total of
all billings to date to the Agency, under this Agreement, inclusive
of the current monthly billing (example) :
Maximum Compensation Permitted $
Total Billings under this Agreement
to date (including this month)
Billing for , 198_
Additional documentation satisfactory to the Agency shall
be presented if requested by the Agency.
G. CONFIDENTIALITY. All reports prepared by Consultant are being
prepared to serve as a basis for negotiation and to assist Agency
Counsel in preparation for litigation. Consultant acknowledges
that reports are confidential an shall take all necessary steps
to insure that Consultant and its employees do not divulge said
reports, or the information therein contained, to anyone other
than the Agency, the Agency staff, and Special Counsel or Agency
Counsel .
H. TERMINATION. Agency reserves the right to terminate this
Agreement, at its sole discretion, by giving ten (10) days written
Notice of Termination to Consultant. Should Agency terminate
this Agreement pursuant to this Section, Agency will pay consultant
for services rendered to the date Consultant receives Notice
of Termination.
I. ASSIGNMENT. This Agreement is not assignable except upon approval
by resolution of the Agency an any purported assignment not
approved by resolution shall be void.
J. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless
the Agency, its officers, agents, and employees from any and
all claims and losses resulting or accruing to Agency, in
connection with the performance of this Agreement.
K. OWNERSHIP OF DOCUMENTS. All sketches, documents, drawings,
tracings, field survey notes, computations, detail and other
material prepared by Consultant shall become the property of
Agency at the time of their preparation and shall be delivered
to Agency by Consultant at the request of the Agency. Consultant
agrees not to use said documents for any other purpose without
the written authorization by the proper Agency authority.
L. APPLICABLE LAW. This Agreement shall be governed by, and construed
under the laws of the State of California.
M. EQUAL EMPLOYMENT OPPORTUNITY. Consultant agrees that during
the performance of this Agreement that it will not discriminate
against any employee or applicant for employment because of race,
creed, color, sex, age or national origin.
N. COUNTERPARTS. This Agreement may be executed in as many
counterparts as may be deemed convenient, each of which, when
so executed, shall be deemed an original .
IN WITNESS, WHEREOF, AGENCY and CONSULTANT have executed this AGREEMENT
as of the date first written above.
` Date: 12/7/83
Chairman.�i'::� �GirEN� M. DESMOND, MAI
Desmond & Marcello, Inc.
Community Redevelopment Agency
City of Palm Springs, California
Attest: -�
LA st. Secretary
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