HomeMy WebLinkAboutA3910 - AIRPORT MACKENZIE ASSOC REAL ESTATE APPRAISAL MacKenzie and Associates
• Real Estate Appraisal
AGREEMENT #3910
M06101, 2-18-98
REAL ESTATE APPRAISAL CONTRACT
THIS CONTRACT, made and entered into this �'� day of
, N � , 1998 by and between PALM SPRINGS REGIONAL AIRPORT
(hereinafter refeffred to as the "Airport") and the real estate appraiser MACKENZIE AND
ASSOCIATES, located at P. O. Box 14307, in the City of Pahn Desert, State of California
(hereinafter referred to as the "Contractor"). In the event the Contractor is a partnership, firm
or corporation, the services to be rendered under this contract will be performed by the
following designated appraisers whose qualifications are approved and on record with the Airport
owner and are employees or associates of the Contractor in the performance of this contract.
NAME ADDRESS
James H. MacKenzie, MAI MacKenzie and Associates
P. O. Box 14307
Palm Desert, California 92255-4307
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,
adequately supported and documented, of 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, and,
as required by the Airport, the Contractor shall appear in court or before court
appointed commissioners as an expert witness on behalf of the Airport to testify
with respect to the opinion of the fair market value of each parcel appraised.
2. (a) For and in consideration of services in furnishing said appraisals, the
Contractor shall be paid for each parcel the sum set forth as follows:
Parcel Nrunber Parcel Number Amount
For For
Phase 1: M 7-16 Phase I1: ;J r,�`s,o
501-355-001 680-072-006 $4,000.00
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
Total $4,000.00
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(b) For appearances in court or before court appointed commissioners, or for
appearances at conferences prior to trial or for the purpose of the taking
of depositions on behalf of the Airport, the Contractor shall be paid at the
rate of�( ,11,,,, r�9 -C -�,,, dollars
per hour. Such rate of payment shall include all
expenses incurred in rendering such services.
In the event the scope and character of the work as provided herein is
materially changed beyond the Phase I and Phase II parcels listed above
due to substantially revised plans or additional work is required by the
Airport, the Contractor agrees to furnish the required revisions or
supplements and to perform the additional work requested by the Airport
in excess of that set forth in the contract, for a sum to be agreed upon by
the parties.
(c) Statements by the Contractor for payment for the aforesaid services shall
be itemized and submitted to the Airport.
3. The Contractor shall begin work on Phase I not later than the 1st day of
February, 1998, and shall fully complete the appraisals and furnish to the Airport
three (3) copies of such appraisal within thirty (30) days after having been
notified of the approval of this contract. It is fully understood and agreed that in
the event the Contractor shall fail to perform the work within the time 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 appraisals
submitted after the date; provided, however, that upon application by the
Contractor, the Airport in the event of extenuating circumstances, may, in its
discretion, expressly grant in writing an extension of time to the Contractor.
Airport may, but is not obligated to, require Contractor to proceed with the Phase
II parcel appraisals upon giving written notice to Contractor. Upon receipt of
such notice, Contractor shall perform and deliver the Phase 11 parcel appraisals
in the same manner and subject to the same requirements and conditions as the
Phase I appraisals.
4. An 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 provided
it complies with current Federal Aviation Administration appraisal procedures as
set forth in Order 5100.37, Land Acquisition and Relocation Assistance For
Airport Projects, 49 CFR Part 24.
5. 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 accuracy and completeness.
6. (a) The Airport shall have the right to terminate this contract with regard to
any or all services provided for herein in the event of changes in Airport
159/014084-011213137983.1 a01/30/98 —2—
plans which obviate the necessity of any such appraisal which may be
involved. Such termination 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 notice.
(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.
(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.
7. 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 time of performance including such appropriate increase or decrease in the
amount of compensation as was provided for in the basic contract.
8. 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 no payment or an agreement has been
made to pay any company, firm, or person, other than a bona fide employee
working solely for the Contractor to pay 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.
9. 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.
10. 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.
11. The parties hereto agree that the Contractor, and any agents and employees of the
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Contractor, in the performance of this agreement, shall act in an independent
capacity and not as officers, employees, or agents of the Airport.
12. 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.
13. The Contractor shall comply with all Federal, State, and local laws and
ordinances applicable to the work.
14. The Contractor shall execute for each parcel a Certificate of Appraiser, that
complies to FAA Form 5100-111, as from time to time may thereafter be revised.
15. 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
any alteration or variations of the terms hereof, unless made in writing between
the parties hereto, shall be binding on any of the parties hereto.
16. All information contained in the appraisal, and all parts thereof, are to be treated
as a privileged communication. The Contractor shall take all necessary steps to
ensure that there will not be any information divulged concerning the 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.
17. 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.
18. During the performance of this contract, for itself, its assignees and successors
in interest, the Contractor., agrees as follows:
(a) Compliance With Regulations: The Contractor will comply with the
regulations of the Department of Transportation relative to
nondiscrimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the regulations) which are herein incorporated
by reference and made a part of this contract.
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(b) Nondiscrimination: The Contractor, with regard to the work performed
by it after award and prior to completion of the contract work, will not
discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subContractors, including procurements of
materials and leases of equipment. The Contractor will 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
subcontract, including procurements of materials or 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, sex, or national origin.
(d) Information and :Reports: The Contractor will provide all information
and reports required by the regulations, or orders and instructions issued
pursuant thereto and will 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 regulations, 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 Federal Aviation
Administration 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 or the Federal Aviation
Administration may determine to be appropriate, including, but not limited
to:
(1) Withholding of payments to the Contractor under the contract until
the Contractor complies,
(2) Cancellation, termination, or suspension of the contract, in whole
or part.
(f) Incorporation of Provisions: The Contractor will include the provisions
of paragraphs (1)through(6)in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the regulations,
order or instructions issued pursuant thereto. The Contractor will take
such action with respect to any subcontract or procurement as the Airport
or the Federal Aviation Administration may direct as a means of enforcing
159/014084-0112/3137983.1 a01/30/98 -5-
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.
19. It is agreed by and 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.
20. 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 performance of DOT-assisted
contracts.
21. 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 terns 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
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any third party any money or other consideration for obtaining this
Agreement.
(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; 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.
(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 parry'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 party in such action or
proceeding, in addition to any other relief which may be granted, whether
159/014084-0112/3137983.1 101/30198 -7-
legal or equitable, shall be entitled to reasonable attorney's fees, whether
or not the matter proceeds to judgment.
(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 P PRINGS,
a m 'c1pa1 corpo rati
City Mandger
ATTEST:
City/Clerk
APPROVED AS TO FORM:
ZkZ
City Attorci� CONTRACTOR:
MACKENZIE AND ASSOCIATES
f.,�p a ,l Ke6:� tl1.. w / fgar
BY
til
Name: Jame s H. acK'enzie
oa-�
y�' 1�� 1 Title: owner
B}
Ta3rie: Paul W. Wagner
itle: Associate
Address: P. O. Box 14307
Palm Desert, CA 92255-4307
159/014094-0112/3137983.1 a01/30/98 —8—