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HomeMy WebLinkAbout03777 - MACKENZIE ASSOC BARRENA PROPERTY APPRAISAL PURCHASE • '. MacKenzie & Associates Real Property Appraisal Svcs AGREEMENT #3777 Amend 2 AMENDMENT NO. 2 M06711, 9-20-00 AGREEMENT NO. 3777, APPRAISAL REVIEW SERVICES THIS SECOND AMENDMENT to Agreement No. 3777 for Cont act Services, (herein "Agreement")made and entered into on the�X`Xf-- day of 12000, by and between the CITY OF PALM SPRINGS(herein"City")and MAC ENZIEANDASSOCIATES, (herein "Contractor") is hereby effective as dated above, as follows: Section 2 is hereby amended to reflect following appraisal review activity: Parcels 680-072-006 680-073-005 680-073-006 680-073-003 Project fees for the review of the appraisals for the four(4) listed parcels shall be $4500. Appraisal review shall be as pier the requirements of"FAA Order 5100.37A Section 4. Review of Appraisals," copy attached as Exhibit "A" to this Amendment. Section 5 is herby amended to extend Term to March 31, 2001. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager APPROVED AS TO FORM: ityitorney CONTRACTOR: (Check One: individual, partnership, _corporation) (NOTARIZED) By: 1 Sigg6ture`�\'—`��� Nicholas S. Singers Print Name and Title /O Comm.#1161359 v ''r '�NOTARY PUBLIC CALIFORNIA@ _ RIVERSIDE COUNTY o Comm Exp.Nov 10 2001 � - //(� / �APPROVED By THE OTV COUMOL / fv `._- . • (NOTARIZED) By: Signature Iz Nicholas S Singer Print Name and Title S.V Comm.#1161359 3 O NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY n Mailing Address:_ g��/'/'j' o/- /�•f�/�lP ,��A !/IJ�J e+ Comm.Exp.Nov 10.2001 -� (Corporations require two signatures; one from each of the following:A. Chairman of Board, President, any Vice President;AND B. Secretary,Assistant Secretary,Treasurer Assistant Treasurer, or Chief Financial officer). End of Signatures 5100.37A 4/4/94 SECTION 4. REVIEW OF APPRAISALS 2-31. RESPONSIBILITY OF THE AIRPORT (6) To assure that, on a project basis, the val- OWNER.. It is the responsibility of the airport owner ues reported are consistent and uniform. The use of a to have all appraisals and specialty valuations of real project map is recommended. property to .be,acquired in connection with federally 2.34. ESTIMATE OF JUST COMPENSATION assisted airport projects reviewed, and to establish an amount that it believes to be just compensation for BY REVIEWING APPRAISER. The airport owner such acquisitions before the initiation of negotiations shall employ a qualified reviewing appraiser who will or the exercise of the power of eminent domain. Pay- recommend the amount of just compensation to be of- ment of the appraisal fee should be dependent upon ac- fered an owner for the acquisition of real property. In ceptance of the appraisal by the review appraiser. In recommending the amount of just compensation to be addition, Federal participation will be withheld on ap- offered an owner, the reviewing appraiser shall con- praisals not meeting criteria set forth in this Order. The sider all pertinent value information that is available. airport owner is encouraged to submit questionable and On the basis of additional value information that may complex appraisals and review appraisals to the FAA subsequently become available, the reviewing appraiser for review and comment, and technical assistance on may, at any time prior to settlement, adjust the esti- acceptable appraisal practices for FAA.programs and mate of just compensation. In no instance shall the ap- projects. proved just compensation be less than an approved ap- praisal of the market value of the property, taking into 2-32. EMPLOYMENT OF CONTRACT REVIEW account the value of allowable damages or benefits to APPRAISER. When the airport owner intends to use any remaining property. All estimates by a reviewing a contract (fee) review appraiser for.the review func- appraiser are to be documented and retained as a part lion, a contract agreement must be executed. An exam- of the project or parcel files. ple of an acceptable contract format is FAA Form 5100-121, Real Estate Appraisal 'Review Contract. 2-35. APPRAISAL REVIEW. A qualified review- Such contract agreement shall contain, as a minimum, ing appraiser shall examine all appraisals to assure that the same provisions and clauses listed in paragraph 2- they meet applicable appraisal requirements and shall, 15. prior to acceptance, seek necessary corrections or revi- sions. Procedures for reviewing real estate appraisals 2-33. APPRAISAL REVIEW FUNCTION. An shall be as follows: appraisal review is the culmination of the appraisal process. The intent of the review is to ultimately a. The reviewing appraiser will field inspect the produce an adequate appraisal and the estimate of just property appraised and the comparable sales consid- compensation for the proposed acquisition. ered by the appraiser(s) in arriving at either or both, as appropriate,' the fair market value of the. whole a. The review function shall provide: property and,of'the remainder(s). If a field inspection (1) A critical analysis of the appraisal process is not made, the file shall contain the reason that such reflected in the written appraisal; inspection was not made. (2) A method of establishing the quality and b. The reviewing appraiser will examine the creditability of the appraiser; and appraisal(s) to determine that they: (3) The producing of a supported rec- (1) Are complete in accordance with para- ommendation for the offer of just compensation. graph 2-21. b. The review appraiser will review the ap- (2) Follow accepted appraisal principles and praisal: techniques in the valuation of real property in accord- (1) For technical compliance with FAA stand- ante with existing state law. ards; (3) Contain or make reference to the informa- (2) For use of property appraisal techniques; lion necessary to explain, substantiate, and thereby document the conclusions and estimates of value and/, (3) For use of correct legal assumptions; document just compensation identified therein. rec4 (4) To ensure that the data presented is tor- (4) Include consideration of compensable items, damages, and benefits, but do not include com- (5) To scrutinize each approach for reasonable pensation for items, damages, and benefits support and documentation; and noncompensable under state law. 2-10 Par 7-,Iq g� 4/4/94 5100.37A (5) Contain an identification or listing of (3) Dissecting appraisals submitted on a par buildings,,structures, and other improvements on the', cel by adding parts of one appraisal to parts of another land as well as fixtures which the appraiser(s) consid- to come up with the fair market value estimate. As ered to be a part of the real property to be;acquired, *stated in (2) above, the reviewer must approve the including a separate valuation for the specialty items, value estimate from one appraisal only. (6) Contain the estimated fair market value (4) Revising an appraisal in any way that for or resulting from the acquisition and, where appro- would change the appraiser's premise, thereby chang- priate in the case of a partial acquisition, either in the ing the value estimate. Examples of this would be appraisal or in a separate statement, a reasonable allo- changing the highest and best use determination, revis- cation of the estimate of the fair market value for the ing the property interest that is being appraised, revis- galppey acquired and for damages to remaining ing the correlation by placing emphasis on another ap- property. proach to valuation, altering the amounts designated as C. Prior to finalizing the estimate of just com- benefits or damages, etc. pensation, the reviewing appraiser will request and ob- tain corrections or revisions of the appraisal(s) that do YS) Changing the data used in the various ap- not substantially meet the requirements set forth in proaches to value such as substituting different paragraph 2-21. These will be documented and re- comparables or altering adjustments when comparing tamed in the parcel file. comparable properties to the subject property, altering unit costs or rates of depreciation in the cost approach, d. The reviewing appraiser may supplement an and revising the vacancy rate, expense statement, and appraisal with corrections of minor mathematical errors capitalization rate in the income approach. A review where such errors do not affect the final value conclu- sion, but is prohibited from correcting major defi- rable sales in the ciencies. A supplement may also be made t) an ap- pa project area. If the review ap- praisal where the following factual data have been praiser is knowledgeable of sales that are not included omitted: in the appraisal being reviewed or such sales have not _been considered by the real estate appraiser in prepar- (1) Owner(s) and/or tenant(s) names, ing the appraisal, these sales should then be brought to (2) Parties to transaction, date of purchase, the appraiser's attention. and deed book reference on sale of subject property, g. As a last resort, if the reviewing appraiser is (3) Statement that there was no sale of subject unable to recommend approval of an appraisal as an property in the past five(5) years. adequate basis for the establishment of the offer of just compensation, and it is determined that it is not prac- (4) Location, zoning, or'present use of subject tical to obtain an additional appraisal, the reviewing property or comparables. Zoning can be added only appraiser may develop appraisal documentation that when the property is zoned_the same as its present use. If the zoningand conforms to paragraph 2-21 by providing sufficient in- should present use differ, the appraisal formation to support an independent recommended i should then be returned to the appraiser for further documentation. conclusion of value. This would then be considered the approved appraisal, without going through another re- -ii e. The reviewing appraiser will initial and date view process. the corrections and/or factual data supplements to an appraisal. h. The review appraiser shall make a rec- f.ry, the review appraiser shall return ommendation of a single conclusion of value, and shall essa When a major correction revision is ne to not utilize a "range" of values. rn an appraisal to the appraiser to make the necessary corrections. A re- i. The review appraiser shall place in the parcel viewing appraiser is prohibited from: file a signed and dated statement setting forth: (1) Making changes in any unit value; i.e., (1) The estimate of just compensation includ- t changing an acre or square foot value on the land ing, where appropriate, the following applicable items: being appraised. This restriction also pertains to im- provements that may be on the property. (a) An allocation of any separately held in- (2) Averaging the value estimates of two or retests by tenants or others; more appraisals that have been submitted on a parcel. (b) A separate allocation of compensation The reviewer must approve the fair market value esti- to land and to buildings for the real property acquired, mate from one appraisal only and cannot approve a for fixtures, if applicable, and for damages or benefits value estimate based on an average. to remaining real property: and 5100.37A 4/4/94 (c) An identification or listing of the build- b. Before distribution to the appraisers,'the re, ings, structures, and other improvements on the land, view appraiser or other specialist will examine the spe- i including fixtures considered to be part of the real cialty appraisal(s) to determine that they: r property to be acquired, if such allomdon or listing (1) Are complete in accordance with the re- differs from that of the appraisal(s). quirements of paragraph 2-24. (2) That as a part of the appraisal review . (2) Follow accepted principles and techniques there was or was not a field .inspection of the parcel for the valuation of the subject property. „i to be acquired and the comparable sales applicable thereto. If -a field inspection was not made; the (3) Contain the information necessary to ex- reason(s) shall be so stated. plain—substantiate, and thereby document,the conclu- sions and estimates of value contained therein. (3) That the review appraiser does not have (4) Include consideration of compensable any direct or indirect, present or contemplated, future personal interest in such property, or in any monetary items, but do not include compensation of items benefit from its acquisition. noncompensable under state law. c. Each acceptable estimate prepared by a spe- cialist That the estimate of just compensation has cialist retained by the airport owner will be made been reached independently, without collaboration or - available to all appraisers for analysis and incorpora- direction, and is based on an approved appraisal and Lion into their appraisals to the extent deemed appro- other factual data. priate by the individual appraiser. The appraiser shall (5) The value estimate of items compensable be instructed not to arbitrarily add the value of individ- under state law but not eligible for Federal reimburse- ual items to the valuation of other realty, but should men[ if any. consider them to the extent of their contributory value in establishing the value of the whole property. An ex- 2.36. REVIEW OF SPECIALTY APPRAISALS. cepdon to the requirements of this paragraph is per- Procedures for reviewing specialty appraisals shall be mitted where the airport owner, in special cases, elects as follows: to have a review appraiser, knowledgeable in both dis- ciplines represented, analyze and incorporate into a a. When a separate valuation of machinery, final estimate of just compensation the separate ap- equipment or other specialty items is required and praisals on the,real property and the specialty items. when the airport owner has retained the specialist, it shall have the appraisal reviewed by a review appraiser d. In those instances when a fee appraiser has retained a s incorporated the or other specialist before its distribution• to the fee or specialist and incorp specialist's staff appraisers. The individual responsible for the re- valuation,in the appraisal, review of the "package"' view shall field inspect the property. I` a field inspec- will be in accordance with the applicable review re- tion is not made, the file will contain the reason that 4u cements in this Order, such inspection was not made. 2-37., THRU 2-40. RESERVED. SECTION 5. AVIGATION EASEMENTS 2-41. DESCRIPTION OF EASEMENT. An is the essence of an avigation easement. Therefore, it avigation easement is a conveyance of a specified is imperative that the appraisal reflect the specific property interest that creates a servitude: on a particular easement estate proposed for acquisition. Other types area that restricts the use by the owner of the surface of easements, such as clearance easements, do not pro- and assures the owner of the easement the right and tect an airport owner from future claims of property privilege of a specific use contained iin the easement owners due to over flights. It is important to recognize document. Such rights may consist of the right-of- that a clearance easement provides only for protection flight of aircraft; the right to cause noise, dust, etc.; the from obstruction and does not include the right-of- right to remove all objects protruding into the airspace flight. Figure 2-1, Avigation Rights, identifies the together with the right to prohibit future obstructions rights obtained for the different types of easement es- in the airspace; and the right of ingress/egress on the tates that may be acquired. land to exercise the rights acquired. The easement may also contain any number of additional restrictions as 2-42. AIRSPACE. The airport layout plan includes the airport owner deems necessary. The right-of- flight the approach area and approach protection zone layout. CALIFORNIA ALL-PURPOSACKNOWLEDGMENT " No 5907 State of 011 'a9��21-r ,rJ County of *P rp A-3- ;0AI- �" %r/ 0 c, On � >/ before me, f"� ,✓r C. �> :f'�.�l,�� , DATE NAME,TITLE OF OFFICER-EG "JANE DOE,NOTARY PUBLIC" personally appeared J J ''f . ci�c/er�atJ ',� ay'S L Gt . C>J-,�' NAME( O,SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(owhose name CS 'j' S/ subscribed to the within instrument and ac- knowledged to me that he/she/ ey, executed the same in his/her/tt CeD authorized capacity(Ie-&f", and that by his/her/ eir' signatureK on the instrument the personal Nicholas S. Singer . or the entity upon behalf of which the aT: Gomm.#1161359 u_t N NOTARY PUBLIC CALIFORNIAMI person acted, executed the instrument. , + ' RIVERSIDE COUNTY „ aw Comm.6xp.Nov 10.3p01 n WITNESS my hand and official se I SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL , r,>'I"'- '/10 9 CORPORATE OFFICER � / � .j ,u�,t�?'L;:'E ,,21r '%a'`f',`,! '-'✓ sue' i',% P TTLa `)y ` a TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOREl OTHER: i f i � r DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91 309-71 84 M E M O R A N D U M DATE: October 6, 2000 TO: AI Smoot —Asst. City Manager— Special Projects FROM: Office of the City Clerk RE: MacKenzie and Associates-Appraisal Review Services A3777-Amendment#2 Attached please find two copies of the above referenced amendment. Please forward one copy to the contractor and retain one copy for your files. I have forwarded a copy to Finance and retained the necessary copies for our records. Should you have any questions, please let me know. Barb k MacKenzie & Associates (. 1st Amend Various Real Property Appraisal Svcs AGREEMENT #3777 M05928, 4-2-97 CITY OF PALM SPRINGS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES (herein "Amendment") is made and entered into this day of April, 1997, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and MacKenzie and Associates (herein "Contractor"), and is entered into in consideration of the following: RECITALS A. On or about March 3, 1997, City and Contractor entered into a "Contract Services Agreement for Appraisal Services," relating to various real property appraisal services to be performed by Contractor to City. B. City and Contractor now jointly wish to expand the scope of that Contract Services Agreement for Appraisal Services, as more specifically set out herein. C. In all other respects, the Contract Services Agreement for Appraisal Services between City and Contractor is, and continues to be, valid in all of its particulars. NOW, THEREFORE, in consideration of all of the foregoing, the parties to hereby agree as follows: 1. Paragraph 2.1 of the Contract Services Agreement for Appraisal Services, "Contract Sum," is modified to read as follows: For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B," and incorporated herein by this reference, but not exceeding the maximum contract amount of $5,800.00 ($2,200.00 relating to services under the original contract, and $3,600.00 for services under this Amendment). 2. Paragraph 5.1 of the Contract Services Agreement for Appraisal Services, "Term," is amended to read as follows: Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall continue in full force and effect until May 30, 1997. ORUNAR B►0 ANWOR AGREEMENT 159/014034-0014/3064451 1 a04/03/97 - lip 3. Exhibit "A" of the Contract Services Agreement for Appraisal Services, "Scope of Services," is amended by adding the: following language: Appraisal Summary Report bearing Riverside County Assessor Parcel Nos. 507-350-029 and 507-350-032 and preparation and delivery of summary report re same. zVE' VIV 4. Exhibit "B" of the Contract Services Agreement for Appraisal Services, "Schedule of Compensation," is amended by adding the following language: Full payment of$3,600.00 to be made upon delivery of the Appraisal Summary Reports for Assessor Parcel Nos. 507-350-029 and 507-350-,Q33" satisfactory to Contract Officer. ili' , s,e.1 . 5. In all other respects, the Contract Services Agreement for Appraisal Services remains in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: C OF PALMS RINGS, a unicipal core on City M nager ATTEST: `�! �_ �:t—,-• � �' �,PPRt7�l�13 �V T fit:City �.�i�t�C+uNCfl Clerk BY R h1©. , 5 y�zP 7 y�s APPROVED AS TO FORM: 416 City Attorney J CONTRACTOR: MACKENZIE &/ASSOCIATES Ja es H. MacKenzie, �� ,1 Add ,ss: P. O. Box 14307 Palm Desert, CA 92255-4307 159/014094-0014/3064451.1 a04/03/97 -2- MacKenzie and Associates Appraisal Services Barrena Acquisition AGREEMENT #3777 CM Signed, 3-3-97 MY OF PALM SPRINGS _ ----- CONTRACT SERVICES AGREEMENT FOR APPRUUSAL SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this •22 RU day of March, 1997, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and MacKenzie and Associates (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scone of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Thousand Two Hundred Dollars ($2,200.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid upon delivery of a summary appraisal. 1591014084-0014/3057732.1 a02/28/97 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. James H. MacKenzie is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. David B. Cosgrove is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of$500,000.00 or (ii) bodily injury limits of$250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggregate. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. 159/014084-0014/3057732.1 302/28/97 -2- As (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of$100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in Cadifornia, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any _ and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (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 or services 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, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall continue in full force and effect until April 15, 1997. 159/014084-001413057732.1 102/28197 -3- 5.2 Termination Prior to Expiration of in. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of Germination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 NMCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and EmPlloyees. 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. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels 159/014084-001413057732.1 a02/28/97 -4- any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable: and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deen-ied 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. 6.9 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 attorney's fees, whether or not the matter proceeds to judgment. 6.10 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. [SIGNATURES ON NEXT PAGE] 159/014084-001413057732.1 •02/28/97 -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF GS, a japco;rporation City Manager ATTEST: V-Clerk APPROVED AS TO FORM: `;1;'` i' y a. It� r -3-7 7 City Attorney CONTRACTOR: MACKENZIE & ASSOCIATES 1 James H. MacKenzie, XV� eJ,.J Address: P. O. Box 14307 Palm Desert, CA 92255-4307 [END OF SIGNATURES] 159/014084-0014/3057732.1 •02/28/97 -6- EXHIBIT "A" SCOPE OF SERVICES Appraisal Summary Report bearing Riverside County A.P. No. 680-073-004, and preparation and delivery of summary report re same. EXHIBIT "A" 1591014084-0014/3057732.1 A02/28197 EXHIBIT "B" SCHEDULE OF COMPENSATION Full payment of $2,200 to be made upon delivery of Appraisal Summary Report satisfactory to Contract Officer. ]_EXHIBIT "B" 159/014094-001413057732.1 a02/28/97 Policy Number DECLARATIONS PAGE AMENDED /14/97 90-Sl -2519-0 STW_ FARM FIRE AND CASUALTY COMPAN� 900 OLD RIVER RD, BAKERSFIELD CA 93311 -6OuO — A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS ADDL INTEREST COPY NAMED INSURED AND MAILING ADDRESS 8331 -F406 S MACKENZIE, JAMES H DBA MACKENZIE & ASSOCIATES PO BOX 14307 PALM DESERT CA 92255-4307 COV A - INFLATION COVERAGE INDEX: N/A BUSINESS POLICY - SPECIAL FORM 3 COV B - CONSUMER PRICE INDEX: 158.3 Automatic Renewal — If the Policy Period is shown as 12 months, this policy will be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. POLICY PERIOD: 12 MONTHS THE POLICY PERIOD BEGINS AND ENDS AT 12:01 AM EFFECTIVE DATE: 02/01/97 STANDARD TIME AT THE PREMISES LOCATION. EXPIRATION DATE: 02/01/98 NAMED INSURED: PARTNERSHIP YOUR POLICY IS AMENDED 03/14/97: ADDL INSURED NAME & ADDRESS ADDED LOCATION OF COVERED PREMISES: ENDORSEMENT FE-6324 ADDED 74923 HOVLEY LN E STE 230 PALM DESERT CA 92260-1927 COVERAGES AND PROPERTY LIMITS OF OCCUPANCY: OFFICE SECTION I INSURANCE A BUILDINGS EXCLUDED B BUSINESS PERSONAL PROPERTY $ 57, 100 C LOSS OF INCOME $ ACTUAL LOSS DEDUCTIBLES-SECTION I SECTION II $ 250 BASIC L BUSINESS LIABILITY $ 1 ,000,000 M MEDICAL PAYMENTS $ 5,000 PRODUCTS-COMPLETED OPERATIONS $ 2,000,000 IN CASE OF LOSS UNDER THIS POLICY, THE (PCO) AGGREGATE DEDUCTIBLE WILL BE APPLIED TO EACH GENERAL AGGREGATE (OTHER $ 2,000,000 OCCURRENCE AND WILL BE DEDUCTED FROM THAN PCO) THE AMOUNT OF THE LOSS. OTHER DEDUCTIBLES MAY APPLY-REFER TO POLICY. ENDORSEMENT PREMIUM INCREASE $ 44.40 FORMS, OPTIONS, AND ENDORSEMENTS SPECIAL FORM 3 FP-6103 �� �, ti,5oy�l POLICY ENDORSEMENT FE-6506. 1 AMENDATORY ENDORSEMENT FE-6205 CON l� 1c11ila;lblbof-?,,olu TREE DEBRIS REMOVAL FE-6451 PROTECTIVE SAFEGUARD FE-6303 —-- ADDITIONAL INSURED ENDORSEMENT FE-6494 — — — — BUSINESS POLICY ENDORSEMENT FE-6464 P�a¢oL gueh,��, lamaRB *ADDITIONAL INSURED FE-6324 74-380 Highway 111, suite c P 0. Box 1376 NEW FORM ATTACHED Palm Desert, California 92261 1370 Phone: Off. 618-568-3526 0TNE a UDAECS AND ERCLUSMNS MAY_'0?L'!.R__,_r.?'.-CY YOUR r0t_iCY PREPARED COUNTEFS cveo 9 � 03/19/97 FP-8030.2C ATHC By - AGFNT (06/93) I JULIAN INSURANCEAGENCY INC YOUR POLICY CONSISTS OF THIS PAGE,ANY ENDORSEMENTS (619) 568-3526 AND THE POLICY FORM. PLEASE KEEP THESE TOGETHER. " " 555a011.2 Rev.11-94 Printed in U S A We 115CI Poftc Nunn F' t£ltttTtlU :I Rt A 347f1f STCI . 9f# 1 2�19 4 INSYF L BUSINESS POLICY SPECIAL FORM 3 IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided (under this policy. Complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 Spring Street Los Angeles, CA 90013 Or call toll free PREPARED 1-800-927—HELP IFa 120F1 03/19/97 State Farm General Insurance coy (� RENEWAL CERTIFICATE 900 Old River Rd ` Bakersfield,CA 93311.6000 -------------___-_--- ---- ?j POLICY NUMBER _ ' BUSINES:i-OFFICE — ��DATE DUE PLEASE PAV THIS Al 90-QA-5274-4 MAR 21 2001 TO MAR 21 2002 TO BE PAID BY INSURED Coverages and Limits I� M-1424-F406 F U 3 Section I CITY OF PALM SPRINGS A Buildings Excluded 2 PO BOX 2743 B Business Personal Property 61,600 _ PALM SPRINGS CA 92263-2743 C Loss of Income Actual Loss i s IL11rrdJ1J1LIL1111111�Id111Jd1111111t1L1L111JJfl � �� eductibles -Section I p� Basic 250 V Other deductibles may�� apply- refer to policy Insured: MACKENZIE,WAGNER& I ASSOCIATES INC Location: 41625 ECLECTIC ST STE K / PALM DESERT CA Section II L Business Liability $1,000,000 M Medical Payments 10,000 Gen Aggregate (Other than POO) 2,000,000 i Add Ins-II: CITY OF PALM SPRINGS Products-Completed Operations 2,000,000 (PCO Aggregate) i 3 I I Forms, Options, and Endorsements Special Form 3 FP-6143 f Amendatory Endorsement FE-6205 Annual Premium $486.00 Tree Debris Removal FE-6451 Bus Liability-Cov L 34.00 I Policy Endorsement FE-6506.1 Total Amount $520.00 'n Business Policy Endorsement FE-6464 Glass Deductible - Sect I FE-6538.1 1 Protective Safeguard FE-6303 Premium Reductions Additional Insured FE-6320 Your premium has already been reduced by the following: Renewal Year Discount Yrs in Business Discount Claim Record Discount Prot. Devices Discount Cov. A - Inflation Index: N/A Cov. B -Consumer Price: 174.1 II" i I s i i l r ,,, See reverse side for important information. 1 ARME CONTRERAS Please keep this part for your record. ,4genr (760) 347-1530 Telephone Prepared JAN 10 2001 IF YOU HAVE MOVED,PLEASE CONTACT YOUR AGENT. M 1424-F406 F NOTE: DO NOT PAY. THE PREMIUM IS -- _ BEING PAID BY THE INSURED. i INSURED IMACKENZI E,WAGNER&ASSOCIATES INC DATE DUE PLEASE PA_ YTHIS AMOUNT - - ---- -- -- - - - -- POLICY NUMBER 90-QA-5274-4 BUSINESS-OFFICE l THIS IS FOR INFORMATION ONLY 41625 ECLECTIC ST STE K PALM DESERT CA 1209000008 State Farm Insurance Companies 138-3078 f.4 Rev.05A999 Printed In USA. (0110081k) FORPre OFFICE JAN 10 2001 1276==-- - -401 M - REB - -FIRE REN_-= - -I, - , - 0000,_ 0000 CONTINUED FROM FRONT NOTICE TO POLICYHOLDER: For a comprehensive description of coverages and forms, please refer to your policy. Policy changes requested before the "Date Prepared", which appear an this notice, are effective on the Renewal Date of this policy unless otherwise indicated by a separate endorsement, binder, or amended declarations. Any coverage forms attached to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the "Date Prepared" will be sent to you as an amended declarations or as an endorsement to your policy. Billing for any additional prelTlildnl for such changes will be mailed at a later date. If, during the past year, you've acquired any valuable property items, made any improvements to insured property, or have any questions about your insurance coverage, contact your State Farm,agent. Please keep this with your policy. 138-3076f.4 Rev.05-1999 Printed in U.S.A. (olf008cid) Street am R R Residence Phone No City State/Province ZIP/Postal Code Business Phone No ❑ Inside City Lbttits ❑ Outside City LInIts; Township County s change: ❑ Permanent ❑ Temporary If temporary,how many months royouplantoleluintoyoul pleviousaddiessv ❑ Yes ❑ No ❑ Mailing addiesschange only ❑ Locationchange (Please see your State Faun agent) Check box If change applies to ALL State Faith policies in household. (Auto Policyholders Only) /s the vehicle doven to and from work/school? ❑ Yes ❑ No If the answer Is'yes',what Is the average weekly mileage for such use? 133-3076 f.4 Rev.05-1999 Panted In US A (01008gd)