HomeMy WebLinkAboutContracts & Agreements_137-2010_CCv0001.pdf Project Name: East Branch Extension,
Phase 11 Improvements Project
County: San Bernardino
Parcel No.: EBX-1 0 and -17,
(APNs 0168-351-05 and
0297-111-07)
AGREEMENT FOR REIMBURSEMENT OF CITY APPRAISAL COSTS
This Agreement for Reimbursement of City Appraisal Costs ("Agreement") is
entered into this 7th day of September, 2010 by and between City of Redlands ("City")
and the State of California, acting by and through its Department of Water Resources
("State"). City and State are sometimes individually referred to herein as a "Party" and,
together, as the "Parties."
RECITALS
WHEREAS, City owns real property identified on the San Bernardino County
Assessor's Roll as APNs 0168-351-05, and 0297-111-07 and by DWR as Parcel Nos.
EBX-1 0 Units A, B, C, and EBX-1 7, shown on Exhibit "A" and Exhibit "B" attached
hereto and made a part of this Agreement; and
WHEREAS, as part of its East Branch Extension, Phase I Improvements Project
(Project), State intends to construct the East Branch Extension Phase II Pipeline; and
WHEREAS, the Project requires that State acquire all or a portion of the
Property; and
WHEREAS, pursuant to Section 1263.025 of the Code of Civil Procedure, City is
entitled to be reimbursed up to $5,000 for the reasonable costs associated with
obtaining an appraisal from a state-licensed appraiser; and
WHEREAS, City and State wish to enter into this Agreement to set forth the
requirements for reimbursement of expenses associated with the work of an
independent State-licensed appraiser to appraise the property for City;
NOW THEREFORE, in consideration of the mutual promise contained herein,
City and State agree as follows:
AGREEMENT
1. City's property is shown on the attached Right of Way Appraisal
Map which is attached hereto as Exhibits "A" and "B."
2. City may hire a State-licensed appraiser to appraise the Property.
3. City may submit a signed and dated copy of this Agreement to State within
ninety (90) days of the earliest of the following dates:
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Project Name: East Branch Extension,
Phase 11 Improvements Project
County: San Bernardino
Parcel No.: EBX-1 0 and -17,
(APNs 0168-351-05 and
0297-111-07)
a. The date the selected appraiser requests payment from City for the
appraisal; or
b. The date that City, or City's designee, remitted full payment to the
selected appraiser for the appraisal.
4. Prior to reimbursement, City will provide the following documentation to
State:
a. A signed and dated copy of this Agreement;
b. A Payee Data Record form (STD 204) completed with City's
information and signed by City (enclosed);
C. Copies of the contract with the state-licensed appraiser(if a
contract was made);
d. An itemized invoice from the appraiser citing his or her State
Appraisal License and indicating the amount charged for the
appraisal; and
e. A summary of the appraiser's findings.
5. Prior to any reimbursement, State will review all costs associated with
City's appraisal. Only reasonable costs up to $5,000 will be approved.
6. City agrees to indemnify and save State harmless from all liability, loss,
cost and obligation on account of or arising out of any work relating to the
appraisal being performed by the State-licensed appraiser City has hired.
7. City acknowledges that, in the event the appraisal obtained by City values
the Property at an amount higher than that offered by State, City must
submit an unabridged copy of the appraisal report when requesting that
State revise its offer.
8. This Agreement does not create any rights in any third person, entity, or
organization nor may any third party maintain any lawsuit for personal
injuries, equitable relief, property damages, or breach of this Agreement.
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Project Name: East Branch Extension,
Phase 11 Improvements Project
County: San Bernardino
Parcel No.: EBX-10 and -17,
(APNs 0168-351-05 and
0297-111-07)
IN WITNESS WHEREOF, the Parties have executed this Agreement.
Date: _September 7, 2010
Pat Gilbreath, Mayor
City of Redlands
ATTEST:
Date:
Sam Irwin, d$141erk
APPROVED:
STATE OF CALIFORNIA
Recommended for Approval: Department of Water Resources
Brian Whitaker Date Maul Farris, Chief
Right of Way Agent Real Estate Branch
Division of Engineering
�. � `�- �
Linus A. Pa Date:s Dat
Senior Land Agent
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