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APPRAISER'S CONTRACT
PROFESSIONAL SERVICES AGREEMENT'
This Agreement is made and entered into this 2°`t day of May, 2006 by and between the
City of Redlands, a municipal eor oration "Cit
sometimes herein individually referred to as a "Party,"in collectivelyand ias the es Smothers �7 Parties") who are
A. The City is considering the sale of certain real property located in the City of
Redlands which is more particularly identified as Exhibit "A," attached hereto and incorporated
herein by reference (the "Property").
B. The City desires to have a fair market appraisal of the Property in order for it to
market the property.
C• The City requires valuation consulting services for the above purposes.
Therefore, in consideration of the mutual promises contained herein, the City of Redlands and
James Smothers agree as follows:
1. Appraisal Format and Required Summary. Consultant shall prepare and deliver a
complete appraisal and summary report in compliance with the Uniform Standards of
Professional Appraisal Practice (USPAP).
2. Personal Nature of Contract. Consultant's obligation to provide valuation
services to City hereunder is personal in nature, and may not be delegated or assign without
City's prior written consent.
3. Consultant's Insurance to be Prirna All insurance required by this Agreement
shall be maintained by Consultant during the term of this Agreement, and shall be primary with
respect to City and non-contributing to any insurance or self-insurance maintained by City.
Consultant shall provide City with Certificates of Insurance and endorsements evidencing such
insurance prior to commencement of any Appraisal Services.
3.1 Workers'Compensation and Employer's Liabilit
A. Consultant shall secure and rnaintain Workers Compensation and Employer's
Liability insurance for its employees throughout the term of this Agreement pursuant to
California Labor Code sections 3700 and 1860 and in amounts which satisfy statutor
requirements with an insurance carrier acceptable to City. The insu.ratzce policy shall include a y
provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice
to City. A certificate of insurance evidencing such policy shall be delivered to City prior to
commencement of the Appraisal Services.
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B. Consultant waives all rights to subf-m-Tation against City its elected officials,
officers and employees for losses arising from work performed by Consultant for Cite byv also
waiving Consultant's immunity for injuries to Consultant's employees. Consultant agrees
obligation yr that the
`anon tc? indemnify, defend and hold harmless provided for in this Agreement extends to any
claim brought by, or in behalf of, any employee of Consultant. This waiver is mutually
negotiated by the parties. This Section shall not apply to any damages resulting from tlee sole
negligence of City, its agents and employees. To the extent any damages referenced herein were
caused by, or resulted from, the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless are valid and enforceable
only to the extent of the negligence of Consultant, its officers, agents and employees.
3.2 Comprehensive General LiabilityIn_ _ suranc Consultant shall secure
comprehensive general liability insurance with carriers acceptable to City. Minimurn coverage
Of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
aggregate for public liability, property damage and personal injury is required. The insurance
policies shall include provisions prohibiting cancellation of the policy except upon thirty (30)
days prior written notice to City. Such insurance shall be primary and non-contributing to any
insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall
be delivered to City prior to commencement of the Appraisal Services.
3.3 Professional Liability Insurance. Consultant shall secure and maintain
professional liability insurance throughout the duration of this Agreement in the amount of one
million dollars ($1,000,000) per occurrence and two million dollars ($2
aggregate. ,000,00Q) annual
3.4 Business Auto Liability Insurance. Consultant shall secure business automobile
liability coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. The coverage
shall include all Consultant-owned vehicles, hired and non-owned vehicles and employee non-
ownership vehicles used in connection with the Appraisal Services. A certificate of insurance
shalt be delivered to City prior to commencement of the Appraisal Services.
4. Indemnification. Consultant agrees to indemnify, defend, and save hannless the
City, its elected officials, officers, agents; and employees from any and all claims and losses
accruing or resulting thereto, that arise out of the claitrtecf. Negligence of the Consultant in the
performance of the valuation services required hereunder.
. Independent Contractot t:'Onsultant, and the agents and eniployees ofConsultant,
onsultant,
in the perfi7rrtuance ofthis A_,'
reement, shall act in an independent capacity and not as officers or
employees of the City.
6. Duty c7f Care. Consultant shall perf>rm all services required under this
_ _..._
__
Agreement in acareful, diligent. and professional manner and shall he responsible liar
negligence, errors, and cutnisstotus for services performed by Consultant, its etnployecs.
agents under the terms cif`this Agreenient. and
t
Availability of Financial Documents for fnspection and
maintain all books, documents.-papers, accounting 1 �u� Consultant tshah
p`p records, and other evidence pertaining to
costs incurred on the services and shall snake all such materials available at any reasonable time
during the term of work on the services and for three > ears from the date of final payment to
Consultant by City for work performed by Consultant on the services as authorized by City.
8. Consulting Fee. City agrees to pay Consultant the total sum of Three Thousand
Dollars ($3,000) for the appraisal.
9. Payment Terms.
A. Payment on Invoice. Payments to consultant shall be made upon invoices
submitted by Consultant to City for review and approval. Invoices will be paid by the City
within a reasonable tune after said approved invoices are received from Consultant.
B. Withholding of Final Pavment. Consultant agrees that, in no event, shall City
approve or be required to pay any sum payable hereunder prior to receipt by City of all final
documents as described herein on or before (date in paragraph 9.A) acceptable in form and
content as required by this Agreement. Final payment shall be made not later than seventy-five
(75)days after presentation of final documents by Consultant and acceptance thereof by City.
C. Payment for Chances in C)rders. if major changes in the scope, character. or
total cost of services are made necessary by reason of written instructions from the [City] the
City and Consultant shall negotiate a Supplemental Agreement mutually acceptable to the Parties
hereto.
D. Payments for Updating Reports or Services. Payments for updating any report
or service by Consultant, when requested in writing by City and not included in Consultant's
proposal, shall be submitted for reimbursement in accordance with Section 9.A. of this
Agreement.
1(1. Duty of City to S�Data. Cite• agrees to provide Consultant the following:
A. Copies of maps, preliminary reports of title, geometries and designs, and maps.
together with any other data ithin the possession of the City reasonably needed to complete this
assignment and requested by Consultant it writing.
B. Such information, as requested by Appraiser; as is generally available from (.;'ity files
applicable to the project.
C- Assistance, if necessary, In obtaining information from other governmental ac'encies.
However, it shall be C,onsultant's responsibility to make initial contact with respect to the
gathering of such information.
I
Notification of Owner, Consultant Is required tgive the Owner or the cies-an ted
representative an opportunity to accompany the appraiser during the Initial inspection of, the
property. This notice shall be in the form of a written letter to the Owner.
12. Notices. Any and all notices between the Parties hereto shall be addressed as set
forth in this paragraph. The below named individuals furthermore shall be those persons
primarily responsible for the performance by the Parties tinder this Agreement:
CITY: CONSULTANT:
Ronald C. Mutter James Smothers, Appraiser
35 Cajon Street, Suite 222 1809 N. "D" Street
P.O. Box 3005 (mailing) San Bernardino, CA 92405
Redlands CA 92373-1505
Any such notices, demands, invoices and written communications by mail shall be deemed to
have been received by the addressee forty eight (48) hours after deposit thereof in the United
States mail,postage prepaid and properly addressed as set forth above.
13. Confidentiality. Consultant understands and agrees that this Agreement, the
consulting services, conclusions, and appraisal report are confidential in nature. Neither the
appraisal report nor the opinions therein shall be disclosed to anyone other than the City attorney
or special counsel or public entity staff assisting legal counsel. Consultant understands and
agrees that his/her duty of confidentiality does not terminate upon the ten-nination of this
Agreement.
14. Termination. This Agreement may be terminated by the City upon the giving of a
written Notice of Termination to Consultant. This Agreement terminates upon Consultant's
actual receipt of the Notice of Termination. In the event that this Agreement is so terminated.
Consultant shall be compensated on a pro rata basis with respect to the percentage of the project
completed as of the date of termination. Consultant shall provide to City any and all documents,
diaries, data, studies, surveys, drawings, maps, photographs., and reports, whether in draft or final
form, prepared by Consultant as of the date of termination. Termination of this Agreement
pursuant to this paragraph shall not terminate the obligation of confidentiality set Out III
paragraph 13 herein.
15, Wr*tten Aizireernent Contains the EM
ntire reeinent. This Agreement supersedes
..........................
,my and all other agreements, either oral or in writing, between the Parties with respect to the
subject matter herein. F-.ach Party to this Agreement acknowledges that no representation by any
Party that is not embodied herein nor any other agreement, statement, or promise not contained
in this Agreement shall be enforceable and binding. Any modification of this Agreement shall
be effective only if it is in writing and signed by all Parties,
O
�a
IN WITNESS WI-IF' E'OF, the Parties hereto have exec ited this A47
and year first set forth above. �r���r�er�t £� of the day
CITY OF € EDLANDS
By: �
i Harrison, : ayor
ATTEST:
By:
Lorr' Power. Seer t '
i
EXHIBIT "All
VACATION OF A PORTION OF BARTON ROAD
That portion the southwest%of Block 15 of Barton Ranch, in the City of Redlands,County
of San Bernardino, State of California, as shown by map recorded in Book 6, Page 19 of
Maps, records of San Bernardino County, California described as follows;
Beginning at the southerly terminus of that certain course shown as"NO038'57"W 421.30'
for a portion of the westerly line of of Parcel I of Parcel Map No. 13966 as shown on the
map recorded in Book 166, Pages 12 through 14, inclusive,of Parcel Maps in the office of
said County Recorder;
Thence along the southwesterly and southerly lines of said Parcel 2 and of Parcel 3 of said
Parcel Map No. 13966 the following courses: along a tangent curve from said westerly
line, said curve being concave northeasterly and having a radius of 13.00 feet,
southeasterly and easterly 20.30 feet through a central angle of 89"28'15";
thence tangent from said curve North 89*5248" East 67.06 feet to the beginning of a
tangent curve concave southerly and having a radius of 1910.00 feet;
thence along said curve easterly 294.34 feet through a central angle of 0804946" to the
southeasterly comer of said Parcel 3;
thence leaving said southerly line of said Parcel 3 along the southerly prolongation of the
easterly line of said Parcel 3, non-tangent from said curve, South 00040,30" East 8.11 feet
to a point on a non-tangent curve concave southerly and having a radius of 1902.00 feet,a
radial line of said curve from said point bears South 08044'57"West, said curve being
concentric with and 8.00 feet southerly of said southerly line of Parcels I and 3;
thence along said curve westerly 294.42 feet through a central angle of 08*52'09";
thence tangent from said curve South 89*52*48"West 76.99 feet to the beginning of a
tangent curve concave northeasterly and having a radius of 13.00 feet;
thence along said curve westerly, northwesterly and northerly 20.30 feet through a central
angle of 89028'16"to a line parallel with and westerly 10.00 feet from said westerly line of
Parcel 1;
thence tangent from said curve along said parallel line North 00*38'57"West 7.91 feet;
thence North 89021*03" East 10.00 feet to the POINT OF BEGINNING.
RBF CONSULTING March 16,2006
40810 County Center Drive, Suite 100 JN 15101194-M1
Temecula, CA 92591 Page I oft
HAPDAM15101 1941Admin\Jep1s\1 1941g1001.doc
EXHIBIT"A"
Street Vacation—Barton Road
i
CONTAINING: 3,203 square feet or 0.074 acres more or less.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared
by me or under my direction.
3 /7 ZocYd �
NO. is SM
homas E. Vedoop, I_ JM, D to �,1y3t�My license expires 12/31
OF CAL�FOQ`
Page 2 of 2
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EXHIBIT 'B'
VACATION OF A PORTION OF BARTON ROAD
- BEARING/DELTA RADIUS LENGTH
I 1
89028' 157 13.00' 20.30
2 N89'52 48"E 67.06
I I 3S00'40'30"E 8. 11 '
I 4 S89 52 48 W -- 76.99
I 5 89°28 15 13.00 20.30
6 N00 38`57 W - 7.91 '
I i 7 S89 21 03 W -- 10.00'
1
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1910.00 L:294 /
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MARCH 16, 2006 SCALE JOB
1"=100'
15101194-M1