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HomeMy WebLinkAboutContracts & Agreements_89-2010_CCv0001.pdf Project Name: East Branch Extension, Phase I improvements Project County: San Bernardino Parcel No.: SGP-71, (APNs 0168-362-02, -03, -05, 0168-363-02, and -03) AGREEMENT FOR REIMBURSEMENT OF CITY APPRAISAL COSTS This Agreement for Reimbursement of City Appraisal Costs ("Agreement") is entered into this 15'h day of*June, 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 certain real property identified on the San Bernardino County Assessor's roll as APNs 0168-362-02, -03, -05, 0168-363-02 and -03 (the "Property") and shown on Exhibit "A" 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 Yucaipa Connector 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 $5000 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; AGREEMENT NOW, THEREFORE, in consideration of the mutual promise contained herein, City and State agree as follows: I. City's property is shown on the Right of Way Appraisal Map which Is attached hereto as Exhibit "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: a. The date the selected appraiser requests payment from City for the appraisal: or b. The date that Citi- or City's designee, remitted full payment to the selected appraiser for the appraisal. 1: cia(1:111 %<,reemcnts Satc of Cak'Orma Agreen,,ent t'()r Reinitit Project Name: East Branch Extension, Phase I Improvements Project County: San Bernardino Parcel No.: SGP-71, (APNs 0168-362-02, -03, -05, 0168-363-02, and -03) 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 $5000 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, 1: cadjm Agreernen,,s,Site of Califernjia Agreemcm for Reimbursetncnt.doc Project Name: East Branch Extension, Phase I Improvements Project County: San Bernardino Parcel No.: SGP-71, (APNs 0168-362-02, -03, -05, 0168-363-02, and -03) IN WITNESS WHEREOF, duly authorized representatives of the City and State have signed in confirmation of this Agreement, Pat Gilbreath, Mayor ATTEST: &�Clerk. City edland, City Clerk, City of edlands County of San Bernardino, California (SEAL) APPROVED: STATE OF CALIFORNIA Recommended for Approval: Department of Water Resources 4. Brian Whitaker Paul Farris, Chief Right of Way Agent Real Estate Branch Division of Engineering kq{i inuAs A. P alas Senior Land A-2ent ca'dljrwAlgreernents State ofcalifornia Ag-rectl}ent for Reimbursementdoc a rri, 1> Zz 00 P \ CL sm wapa n m� w o c O�Q 'Q K 4 � . - � d CO t/I m O C? a cwt ILO Ul vi 4 � 1 � F 4 f � o t/! W tp �m 1 EXHIBIT `A' 1 SEI +Nil .; ' (: Y ete tar g ,3 2 �• ;� —�� C\�: ��y\t'r�+ � I ���y E �~y —_—i, baa 06 uj •..►.. ••```l� .fit�`�✓• ' `' I ,- A. 1--�- ,` F� ^, ':'�•'11N .�„�,�” \ '\ '•\ [ � \'•i r-a� '\,�\ lox VA �i � \��� �tvt £'r`" e`} �3 4i�•,4'yy �`� n� c'_� �Yrz— c—�— t - � f � � OSd iNCdNv-WvJ7 �. ♦ +v p, p et az- ou , ,, * oldCD 0. o .�" �I r � ► d � �5r H� Q�r ti > a ,� J/ � /(/�j�. ;fie.�iq• ,�����, �� le•"y yy � yy ■ r ril `d y N p z p ii x ; i yi'� - .rr••n r$� —v.r.�. m S �t�9e� 'J=} �t7]t� !a� ]�* �o 'J� O ; O �h i•,'�`t,� / (0 ��y �� O�`'�i Y � '.'j�. IL a F z �_ � � ✓" ;` ' , I /� i -i Project Name: East Branch Extension, Phase I Improvements Project County: San Bernardino Parcel No.: SGP-71, (APNs 0168-362-02, -03, -05, 0168-363-02, and-03) AGREEMENT FOR REIMBURSEMENT OF CITY APPRAISAL COSTS This Agreement for Reimbursement of City Appraisal Costs ("Agreement") is entered into this 15"' day of June, 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 certain real property identified on the San Bernardino County Assessor's roll as APNs 0168-362-02, -03, -05, 0168-363-02 and -03 (the "Property") and shown on Exhibit "A" 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 Yucaipa Connector 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 $5000 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; AGREEMENT NOW, THEREFORE, in consideration of the mutual promise contained herein, City and State agree as follows: 1. City's property is shown on the Right of Way Appraisal Map which is attached hereto as Exhibit 44B." 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: 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 payrnent to the selected appraiser for the appraisal, I"ca',di-.,i,',.,Agree-ie!its,,State of Cal-lifcarnia Agreement for Reirnbursernent.doc Project Name: East Branch Extension, Phase I Improvements Project County: San Bernardino Parcel No.: SGP-71, ({VPNs 0168-362-02, -03, -05, 0168-363-02, and-03) 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 $5000 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. i:'ca"o:lm`'Agreeme,:ts'State of California A.-reernent ftir Reianbursement.doc Project Game: East Branch Extension, Phase I Improvements Project County: San Bernardino Parcel No.: SGP-71, (APNs 0168-362-02, -03, -0S, 0168-363-02, and -03) IN WITNESS WHEREOF, duly authorized representatives of the City and State have signed in confirmation of this Agreement. Pat Gilbreath, Mayor ATTEST: City Clerk, City ofedlands County of San Bernardino, California (SEAL) APPROVED: STATE OF CALIFORNIA Recommended for Approval: Department of Water Resources Brian Whitaker Paul Farris, Chief Right of Way Agent Real Estate Branch Division of Engineering Linus A. Paulus Senior Land Agent i:'c a,o,im'. a,reeme.tts'.State of Califomia A recd ent for Reiniburseniert.doc [G GS �' M� w.. �w a F j I cc, tj Ole U O t1� s � EXHIBIT `A' I