HomeMy WebLinkAboutA3911 - LIPMAN STEVENS MARSHALL THENE APPRAISALS MO 6102 Lipman, Stevens, Marshall &
Thene
Real Estate Appraisal Review
Airport-FAA Project AIP 21
AGREEMENT #3911
REAL ESTATE APPRAISAL REVIEW CONTRtiM06111, 2-18-98
Contract No. __� / 8
THIS CONTRACT, made and entered into this day
1998, by and between PALM SPRINGS REGIONAL AIRPORT (hereinafter referred to he
"Airport"), and LIPMAN, STEVENS, MARSHALL&THENE, the real estate appraiser located
at 401 "B" Street, Suite 2101, in the City of San Diego, State of California (hereinafter referred
to as the "Contractor"). The services to be rendered under this contract will be performed by
the following designated appraisers those qualifications are approved and of record with the
Airport owner and who are employees or associates of the Contractor in the performance of this
contract.
NAME ADDRESS
Thomas O. Marshall, MAI Lipman, Stevens, Marshall & Thene
401 "B" Street, Suite 2101
San Diego, California 92101-4244
WITNESSETH
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. The Contractor shall furnish to the Airport a written professional opinion, in the
form of an appraisal review, as to the adequacy of appraisals prepared to estimate
the fair market value of certain parcels of real estate, or designated parts thereof,
on all parcels listed below under paragraph 2, on FAA project number AIP 21,
in Palm Springs, California.
2. (a) For and in consideration of services in furnishing said appraisal reviews,
the Contractor shall be paid for each parcel the sum set forth as follows:
PARCEL NUMBER AMOUNT PARCEL NUMBER AMOUNT
For For
Phase 1: 501-355-001 $3,000.00 Phase II: 680-072-006 $2,700.00
501-355-002 680-073-005
501-355-003 680-073-006
501-355-005
501-354-008
680-072-005
680-072-009
680-072-012
No amounts shall be due for Phase II unless and until Airport notifies Contractor to
proceed with the Phase II review appraisals.
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(b) Statements by the Contractor for payment for the aforesaid services shall
be itemized and submitted to the Airport.
3. Appraisal review services will be performed pursuant to the terms and conditions
of all applicable Federal, state, and local laws, rules, and regulations including,
but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646, as amended) as implemented by
the United States Department of Transportation in 49 C.F.R. Part 24. The term
appraisal reports as used herein shall include narrative, form, or value findings
appraisals as may be required by the Airport owner.
4. Appraisal review services will be performed by a qualified employee or associate
of the Contractor. All review appraisers must be a qualified appraiser and meet
the minimum standards as required by the Airport owner.
5. The Contractor shall begin work on Phase I upon receipt of a formal notification
by the Airport and shall fully complete the review appraisals and furnish to the
Airport three (3) copies of such review appraisal within twenty (20) working days
after having been notified of the start-up date of this contract through receipt of
appraisal reports. Contractor shall be notified in writing whether Airport
determines to proceed with Phase 11, no later than one (1) year after Contractor
submits appraisals on Phase I. In the event Airport notifies Contractor to proceed
on Phase 11, Contractor shall deliver the Phase 11 review appraisals in the same
manner and within the same timeframes as the Phase I review appraisals.
6. Contractor shall abide by decisions made by the Airport on questions concerning
acceptability of any work performed on the project. All decisions made by
Airport are final.
7. Contractor shall correct any deficient work performed by him/her on the project
and deliver corrected work to Airport at his/her own expense. Corrected work
shall be delivered to the Airport owner at the Airport office within 15 days from
date of request for correction of item.
8. It is fully understood and agreed that in the event the Contractor shall fail to
perform the work within the thne herein provided, the Airport may, at its sole
option, consider the services of the said Contractor terminated, and, upon written
notice thereof by certified mail to the Contractor of such termination, shall not
be liable for payment for appraisal reviews submitted after the date; provided,
however, that upon application by the Contractor, the Airport in the event of
extenuating circumstances, may, at its discretion, expressly grant in writing an
extension of time to the Contractor.
9. Upon receipt of appraisals from the Airport owner, the Contractor will perform
an appraisal review of each parcel to determine that the appraisal meets
acceptable standards. The Contractor will be required to perform appraisal
reviews of appraisal reports submitted by property owners when requested by the
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Airport. A review of this type will receive compensation based on the
compensation schedule set forth in Paragraph 2.
10. After performing the appraisal review(s), the Contractor will recommend to the
Airport the amount to be offered to the property owner and prepare a Review
Appraisal Report and Statement of Just Compensation and certification. The
Contractor must sign all review appraisal reports, being responsible for the
accuracy of data and opinions therein.
11. When an appraisal report is rejected by the Contractor and returned to the
appraiser because of error or deficiency, the Contractor will be required to
complete a subsequent review of the revised report without additional
compensation. From time to time the Contractor will be available for conferences
as Airport determines is necessary to discuss the appraisal aspect of the project.
12. Negotiation of mutual acceptance of major changes in the scope, character, or
estimated total cost of the work to be performed will be agreeable to the Airport
and Contractor as such changes become necessary as the work progresses.
13. A review appraisal for each parcel contracted for in this agreement shall be
submitted on either the forms provided or as a complete narrative type of
appraisal review, provided it complies with current Federal Aviation
Administration appraisal review procedures as set forth in FAA Order 5100.37
and 49 CFR Part 24.
14. The Contractor shall make field inspections of the comparable sales and the
subject property. The conditions of the sales shall be verified with the buyer or
the seller, or both, to the extent necessary to insure the accuracy of the data.
Comparable sales data that is furnished to the Contractor or is made available to
it by the Airport, if any, shall be personally checked and verified by the
Contractor as to the accuracy and completeness.
15. (a) The Airport owner shall have the right to terminate this contract with
regard to any or all services provided for herein in the event of changes
in the Airport's plans which obviate the necessity of any such review
appraisal which may be involved. Such terminations shall be given by the
Airport to the Contractor by written notice by certified mail to the last
known address of the Contractor. In such event, the Airport will be liable
to the Contractor for only those services which have been rendered prior
to the date of mailing of such notices.
(b) In the event of the termination of any or all of the work provided for
under this contract, the Contractor shall be paid a proportionate part of the
fee provided for with regard to the particular parcels terminated in
proportion to the work and services actually completed on the parcel or
parcels involved as of the date of termination.
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(c) Upon termination of this contract, or any part thereof, for any reason
provided for herein, any and all work actually performed by the
Contractor shall become the property of the Airport.
16. This contract may be supplemented in the event the scope and character of the
work as provided for herein is materially changed due to substantially revised
plans or additional work as may be required by the Airport. In such event the
supplemental contract covering only such revisions or changes as agreed upon by
the Contractor and the Airport shall provide for equitable adjustments regarding
the provide time of performance including such appropriate increase or decrease
in the amount of compensation as was provided for in the basic contract.
17. The Contractor warrants that no company or person has been employed or
retained, other than a bona fide employee working solely for the Contractor, to
solicit or secure this agreement, and that payment or an agreement has not been
made to pay any company firm or person, other than a bona fide employee
working solely for the Contractor any fee, commission, percentage, brokerage
fee, gift, or any other consideration contingent upon or resulting from the award
or making of this agreement. For breach or violation of this warranty, the
Airport shall have the right to annul this agreement without liability.
18. Any dispute concerning a question of fact in connection with the work hereunder
which is not otherwise disposed of by this agreement, shall be decided by the
Airport subject only to an appropriate appeal to the court.
19. The Contractor agrees to indemnify and save harmless the Airport, its officers,
agents, and employees from any and all claims and losses occurring or resulting
to any and all persons, firms, or corporations furnishing work, services,
materials, or supplies in connection with the performance of this contract, and
from any and all claims and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the Contractor in the performance
of this contract.
20. The parties hereto agree that the Contractor, and any agents and employees of the
Contractor, in the performance of this agreement, shall act in an independent
capacity and not as officers, employees or agents of the Airport.
21. This agreement is not assignable by the Contractor, either in whole or in part,
and no portion of the work may be sublet or transferred to any other person or
persons without prior written approval of the Airport.
22. The Contractor shall comply with all Federal, state, and local laws and
ordinances applicable to the work.
23. It is mutually understood and agreed that no alteration or variation of the terms
of this contract shall be valid unless made in writing and signed by the parties
hereto, and that no oral understanding or agreement not incorporated herein nor
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•
any alteration or variation of the terms hereof, unless made in writing between
the parties hereto, shall be binding on any and all of the parties hereto.
24. All information contained in the appraisal(s) and review appraisal, and all parts
thereof, are to be treated as a privileged communication. The Contractor shall
take all necessary steps to insure that there will not be any information divulged
concerning the review appraisal except to a duly authorized representative of the
Airport or a duly authorized representative of the Federal Aviation
Administration, or as otherwise required by court order.
25. The Contractor shall be available for consultation (including, but not limited to
discussion of appraisal, review and other market information, appraisal review
notes, etc) with Airport and Federal representatives after completion of this
contract, should the need arise. Said consultation shall be contracted for by a
separate agreement in accordance with Airport policies.
26. The Contractor agrees that during the performance of this contract equal
employment opportunities shall be provided for all qualified persons and that
there shall not be any discrimination against any employee or applicant because
of race, color, sex, religion, or national origin. The Contractor and associated
subContractors shall comply with the Civil Rights Act of 1964 and with Executive
Order No. 11246, dated September 24, 1965, or with such other executive orders
and statutes concerning nondiscrimination which may from time to time hereafter
be promulgated.
27. The Airport owner, the Federal Aviation Administration, The Comptroller
General of the United States, or any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the Contractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts, and transcriptions.
28. It is agreed between the parties hereto that in the performance of the terms,
conditions and provisions of this contract by the Contractor that time is of the
essence. The Contractor shall be paid one-half the payment as prescribed in
Paragraph 2 above upon receipt of the review appraisal report. The balance will
be paid upon the Airport receiving evidence that the review appraisal had met all
requirements. Payment of the balance will not be delayed more than ninety (90)
days after initial receipt of the review appraisal report unless the delay results
from deficiencies in the ]review appraisal.
29. Title VI Assurances: During the performance of this contract, the Contractor
for itself, its assignees and successors in interest (hereinafter referred to as the
"Contractor") agrees as follows:
(a) Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally assisted programs
of the Department: of Transportation (hereinafter, "DOT") Title 49, Code
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of Federal Regulations, Part 21, as they many be amended from time to
time, (hereinafter referred to as the Regulations), which are herein
incorporated, by reference and made a part of this contract.
(b) Nondiscrimination. The Contractor, with regard to the work performed
by or during the contract, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of subContractors,
including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(c) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subContractor, including procurements of materials or leases of
equipment, each potential subContractor or supplier shall be notified by
the Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
(d) Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the
Airport or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Regulation, orders, and instructions. Where any
information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor
shall so certify to the Airport or the FAA, as appropriate, and shall set
forth what efforts it has made to obtain the information.
(e) Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
Airport shall impose such contract sanctions as it is or the FAA may
determine to be appropriate, including, but not limited to:
(1) Withholding of payments to the Contractor under the contract until
the Contractor complies, and/or,
(2) Cancellation, termination, or suspension of the contract, in whole
or in part.
(f) Incorporation of Provisions. The Contractor shall include the provisions
of paragraphs 1 through 5 in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the Regulations or
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directives issued pursuant thereto. The Contractor shall take such action
with respect to any subcontract or procurement as the Airport or the FAA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subContractor
or supplier as a result of such direction, the Contractor may request the
Airport to enter into such litigation to protect the interests of the Airport
and, in addition, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
30. Disadvantaged Business Enterprise (DBE) Assurances
(a) Policy. It is the policy of the Department of Transportation (DOT) that
DBE business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
(b) DBE Obligation. The Contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement. In
this regard, all Contractors shall take all necessary and reasonable steps
in accordance with 49 CFR Part 23 to ensure that minority business
enterprises have the maximum opportunity to compete for and perform
contracts. Contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and perfonance of DOT-assisted
contracts.
31. Miscellaneous Provisions.
(a) Non-liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, or any successor
in interest, in the event of any default or breach by the City or for any
amount which may become due to the Contractor or to its successor, or
for breach of any obligation of the terms of this Agreement.
(b) 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.
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(c) Notice. Any notice, demand, request, document, consent, approval, or
communication either parry desires or is required to give to the other party
or any other person shall be in writing and either served personally or sent
by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Director of Transportation, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the
case of the Contractor, to the person designated on the execution page of
this Agreement.
(d) 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.
(e) Integration; Arnendrnent. 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.
(f) 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.
(g) 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.
(h) 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 parry 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.
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(i) Corporate Authority. The persons executing this Agreement on behalf
of the parties hereto warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv)
the entering into this Agreement does not violate any provision of any
other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
CITY:
CITY OF PALM SPRINGS,
a municipal corporation
L
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM: j�ll �OdQL - Sy
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City A iontt ey-)
CONTRACTOR:
LIPMAN, STEVENS, MARSHALL & THENE
By:
Name: j �v,�r� D. 11i1�2 s/ xc ova i
Title:�/�,v
By:
Name:
Title:
Address: 401 "B" Street, Suite 2101
San Diego,California 92101-4244
15 9/0140 84-01 12/313 796 6.1 a01/30/98 -9-