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HomeMy WebLinkAboutCURTIS-ROSENTHAL, LLC - 2000-12-18• • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALI FOR N I A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TR.4NS'%IITTAL OF ITE11 APPROVED BY THE CITY COUNCIL/ R.EDEVELOPINIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: December 21, 2000 TO. Curtis —Rosenthal, LLB ATTENTION - Name 5959 W. Century Blvd., #1010 DEPARTMENT: Street Los Angeles, CA 90045 REGARDING: Amendment No. 1 City, sure, zip Agreement for Appraisal Services See Attached Action Agenda Item E-9 Date of Approval 12-15-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks- (S Connie Brockway City Clerk /Agency Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: J. Giguere City Atty x x Name Depa-anent RCA Agreement Insurance _ Other Name Depainn nt RCA Agreement Insurance Other Name DeparTment RCA Agreement Insurance Other Name Depar-ne.^.t RCA Agrcement lnsura :cc Othcr Risk itanager%ent Dept. lrsuca nct {Telephone: 714-536-5227 Council/Agency Meeting Held. Deferred/Continued to* Approved LI Condit i Wally Approved ❑ Denied a it Cie s Signature Council Meeting Date: December 18, 2000 Department ID Number: CA 00-029 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: GAIL HUTTON, Agency Counsel F PREPARED BY: GAIL HUTTON, Agency Counsel SUBJECT: Approve Amendment No 1 to Agreement for Appraisal Services With Curtis - Rosenthal, LLC Statement of Issue, Funding Source, Recommended Action, Altemative Action(s), Analysis, Environmental Status. Attachment(s) Statement of Issue: Whether to approve Amendment No. 1 to Agreement between the Redevelopment Agency of the City of Huntington Beach and Curtis -Rosenthal, LLC for business valuation and goodwill loss valuation in regards to the case entitled Mulligan v_ Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court, Case No. 74 00 99 Funding Source: Redevelopment Agency Capital Project Area #1; Legal Costs Account No_ 30515101.69375 Recommended Action: Approve Amendment No 1 to Agreement with Curtis -Rosenthal, LLC for business and goodwill loss valuation; and to authorize the Chairman and Agency Clerk to execute the agreement. Alternafive Action(s): appraisal firm' LZI =U Q Do not approve Amendment No. 1 to Agreement and retain another Analysis: At its closed session meeting of March 27, 2000, the City Council approved hiring a real estate appraiser to assist defense counsel in the proceeding entitled- Mulligan v_ Redevelopment Agency of the City of Huntington lBeach, Orange County Superior Court, Case No 74 00 99. The City initially entered into an agreement with Curtis -Rosenthal, LLC for under $20,000, dated June 7, 2000,E to serve as a consultant. Since then, the City has designated Daniel Poyourow as an expert witness_ Consequently, the City Attomey wishes to amend the original agreement to reflect that the additional compensation to be paid will exceed $20.000 Environmental Status: Not applicable Attachment(s): Amendment No. 1 to Agreement Between the Redevelopment Agency of the City of Huntington Beach and Curtis -Rosenthal, LLC for Business Professional Services 2 Contract Between the Redevelopment Agency of the City of Huntington Beach and Curtis -Rosenthal, LLC for Business Valuation and Goodwill Loss Valuation (&WwAl, Wb��i �20,wo A6? 3 Insurance Certificates RCA Author: SFFIJG • 0 ATTACHMENT #1 • • AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND CURTIS-ROSENTHAL, LLC FOR BUSINESS VALUATION AND GOODWILL LOSS VALUATION THIS AMENDMENT is made and entered into this 18th day of December , 2000, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ("Agency") and CURTIS-ROSENTHAL, LLC, a Limited Liability Company, ("Consultant") WHEREAS, Agency and Consultant are parties to that certain agreement, dated June 7, 2000, entitled "Agreement Between Redevelopment Agency of the City of Huntington Beach and Curtis -Rosenthal, LLC, to serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v. Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court Case No_ 74 00 99; and Since the execution of the aforesaid agreement, Agency requests additional work from Consultant and Consultant has agreed to perform such work; and Agency and Consultant wish to amend the original agreement to reflect the additional work to be performed by Consultant and the additional compensation to be paid in consideration thereof by Agency to Consultant, and The City Council approved hiring of Consultant in its closed session meeting of March 27, 2000, and Consequently, this Agreement meets the requirements of Chapter 3.03 of the Huntington Beach Municipal Code that states that contracts in excess of $20,000 be approved by the City Council. NOW, THEREFORE, the parties hereto mutually agree as follows- FicUiagrecOO'.Curtis Rosenihal amend SECTION 1 Additional Work Consultant shall provide to Agency such other consultant services as the City Attorney shall request Consultant to perform. SECTION 2. Additional Compensation The fees and costs of such work may exceed $20,000_ SECTION 3 Reaffirmation Except as specifically modified herein, all other terms and conditions of the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written_ CONSULTANT: CURTIS-ROSENTHAL, LLC, a California Limited Liability Company By: a print name ITS: (circle one ice President ox c r le By: L print name ucle one) Secrets Chief Financial Offic Asst_ Secretary - Treasurer REVIEWED AND APPROVED: Executi Director REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic of the State of California Chairman ATTEST= 0W144/41P_ Agency Clerk 12_ — a - APPROVED AS TO FORM: Agency Counsel Itlz�`' INITIATED AND APPROVED Agency Counsel f f L��• Ficld`abreeWCunis Rosenthal amend 0 ATTACHMENT #2 r1 u r 1 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND CURTIS-ROSENTHAL, LLC FOR REAL ESTATE APPRAISAL SERVICES Table of Contents WorkStatement................................................................................. I Time of Performance............................................................................................... 1 Compensation.............................................................. .._ 1 Disposition of Plans, Estimates and OtherDocuments............................................2 Indemnification and Hold Harmless....................................................................2 Workers' Compensation..........................................................................................3 Insurance............................................................ Certificates of insurance ................................... Independent Contractor .... ..... ....................... Termination of Agreement .............................. Assignment and Subcontracting; ...................... Cop)Tights!Patents.................................. .I...... City Employees and Officials .......................... Notices............................................................. Immigration..................................................... Legal Services Subcontracting Prohibited....... Attorney's Fees . .... ........... ......... .............. .... Entiretv............................................................ ............. .....................................3 ................................................... 4 ....... ..... ..... .................. _.... -..... -...... 4 ......... ..... ...... ..... ............ ...... ........... 4 ................................................ ...... 4 ........................................... 5 ...................................................... 5 . ...... .......... ............................. ...... .. 5 .....................................................5 ....................................................5 ................................................. 5 ...................................................6 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HLTNI TINGTON BEACH AND CURTIS-ROSENTHAL, LLC FOR REAL ESTATE APPRAISAL SERVICES THIS AGREEMENT, made and entered into this IT" day of2000, by and between the Redevelopment Agency of the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "AGENCY," and Curtis -Rosenthal, LLC, a California Limited Liability Company, hereinafter referred to as "CONSULTANT_" WHEREAS, AGENCY desires to engage: the services of a real estate appraisal firm. to serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v- Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court Case No. 74 00 99; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall serve as a consultant and/or an expert witness in the proceeding entitled: Mulligan v. Redevelopment Agency of the City of Huntington Beach, Orange County Superior Court Case No. 74 00 99. CONSULTANT shall provide those services as more specifically instructed by Bruce Tepper, Esq., of Kane, Ballmer & Berkman, special counsel to the Agency in Mulligan v. Redevelopment Agency. CONSULTANT hereby designates Daniel Poyourow who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. 2. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement. ;. COMPENSATION CONSULTANT's fee for such services shall be based upon the rate not to exceed Two Hundred Dollars ($200.00) per hour for Daniel Poyourow and Eighty Dollars (S80.00) to One Hundred Twenty-five Dollars (S 125.00) per hour for staff appraisers assisting Mr. Poyourow, to be billed monthly. Mr. Poyourow's fee for depositions and court testimony shall be Two Hundred Seventy-five Dollars (S275.00) per hour. Total compensation under this Sr-2000 Agree: Curtis -Rosenthal ' V20/00 - 03 r1 LJ U Agreement including costs and expenses, shall not exceed Twenty Thousand Dollars ($20,000.00). CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and amount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from AGENCY for out-of-pocket expenses incurred in connection with the provisions of said legal services, such as court costs, deposition fees, long distance telephone charges, messenger and delivery fees, photocopying and other reproduction costs. investigation fees, expert witness fees, and charges for travel time outside of the Southern California area at the direction of special counsel. Said monthly statement shall include the total amount of such expenses incurred during the preceding period. Automobile expenses are limited to $0.27 per mile. All other travel expenses shall be approved in advance. Requests for approval shall be submitted at least 14 days in advance, to allow for reduced transportation fares. Meals are not billable to the AGENCY, without prior arrangement. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds 575.00_ The fee for the sending or receiving of facsimiles will not exceed 50.25 per page. The AGENCY will not pay a fee or charge for telephone calls or facsimiles to the AGENCY. Photocopier costs shall be no more than the actual cost of duplication, or $.10 per page. whichever is less_ Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case. There shall be no charge for secretarial time, secretarial overtime, or word processing charges. AGENCYshall pay all statements within thirty (30) days of receipt unless the AGENCY disputes the statement. 4. DISPOSITION OF PLANS, ESTINJ TES AND OTHER DOCUMLENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to AGENCY upon AGENCY's - ritten notification_ Said materials may be used by AGENCY" as it otherwise sees fit. Title to said materials shall pass to the AGENCY upon payment of fees detennined to be earned by CONSULTANT to the point of termination or completion of this A-reement. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 5. INDEMNIFICATION AND BOLD HARMLESS CONSULTANT herebv agrees to indemnify, defend, and hold and save harmless AGENCY, its officers and employees from any and all liability, including any claim of liability SF-2000 Agree- Curtis -Rosenthal U • L_J and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 6. WORKERS- COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify. defend and hold harmless AGENCY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against AGENCY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to AGENCY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each occurrence; One Hundred Thousand Doi iars (5100,000) bodily injury by disease, each employee-, and Two Hundred Fifty Dollars (S250,000) bodily injury by disease, policy limit. INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify AGENCY, CONSULTANT shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of S 1,000.000 per occurrence_ If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than S1,000,000. Said policy shall name AGENCY, its officers, and employees as .Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible' or any other similar form of limitation on the required coverage. B. Professional Liability Insurance. CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than S500,000 per claim. A claims made policy shall be acceptable. sr-2000 Agree Curtis-Rowntha[ 4120100 - H3 8. CERTIFICATES OF FNSUR-ANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall: l . provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirt}{30) days', prior written notice of AGENCY: 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention. or any other form of similar type limitation CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONSULTANT under the Agreement. AGENCY or its representative shall at all times have the ri(-,ht to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 9. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 10. TERMFNAT1ON OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein 11. ASSIGNMENT AND SUBCONTRAC'FFNG This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of AGENCY 4 SF-2000 Agrce: Curtis•Ruscnthal 4/20,00 - P3 12. COPY RIG HTSIPATENTS AGENCY shall oven all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 13. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Corle. 14. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO AGENCY: Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 15. FMMIGRATION TO CONSULTANT: Daniel Poyourow Curtis -Rosenthal], LI_C 5959 West Century Boulevard, Suite 1010 Los Angeles, CA 90045 CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 16. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309. the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payTnent of any legal services expenses incurred by CONSULTANT. 17. ATTORNFY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney-s fees. .SF-2000 ngTcc Cunis-Kosenrhal U 4120100 - ¢3 Sent By: CURTIS-ROSENFHAL, LLC; 1 310 215 3089; May-25-00 2:52?M; Paae 2/2 is. ET` rM-ETY >40F The foregDin set forth the entire Agreement oetweeri the parties_ II',T WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year :erst above vvntten. CONSULTANT CURTIS-ROSEN7HAL, LLC a California Limited :.lability Company Ey:-c - r David Rosenthal Its: (circle one) CRsirrurVP;esidenVVice Pres.dem AND 17- y: William Cures Its (c,rcre one) Secrerery/Chie f Financ+sf OfficerlAsst Sec-e.w., - Treasurer REVIEWED ANTD APPROVED: Executive Director REDEVELOPN,vMNT AGENCY OF THE C?TY OF HUNTINGTON BEACH, a public body. corporate and politic Agency General, Counsel f=� ATTEST - Agency Cleric APPROVED AS TO FORM: -i Agency General Counsel -� INUTIATED AND APPROVED: ✓Agency General Counsel V sF-zxa AgT« CUr11s-K=Ch1h91 4r20100 - N3 v MAY-25-2000 15:37 : 310 215 3085 %2 P.02 ATTACHMENT #3 T6'd ;IS6 OT58 986 GTS tT:ST eee2!-82—wI -. 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B WC21254300 2110100 2110t01 STATtfSmy Lla(ITS ` %^C D ACCWWtT 1000000 VImRXXi5' C MTENSArtur A.ID aT aAssaO11CT7.trtts 1000000 latrt of Fe s 11AatLlTY I VUZA.)a w rn Imr- 1 1000000 D SCR]7nan OF (WERATIOMS+t.tbcATIOtiStY CLEStSMCIAL rMW3 Certificate holder 's named Be Addlt[onal Insured with respeCts operations of the ebo-e insured. Ten day notice of CenCallatf0n for r10n- ayment of cremium. let • i t LW ANY Or TZM ADM DESCIa81 r'OUCMF1M CAPJcX , r^ Ad70" r= u7ni ►TWN oATZ TaMol. TEX ISSUING COssrAN1Y wILL �pGOOM MALL 30. _ Ddrr+KrTtT WOnC;tO rM CMWCATE CU DM NAaCMTV t= City A;TOrney. ItS Agar -is. — LLTT. Officers and Employees L. P.0- Box 190 r+untington Beach. CA 92648 ,.Ty�:.��.'-::ate `.�.�:5��"'i•.��' - �-41.�1.: �� ?t ..ii:J� :f'?. :!-i.,. •... I,It 06ed 'Oise 9e6 ELS Af%VdW03 NM089 NVR.�IOH :l(9 luaS SENT BY: HOPPMAN BaOWN COMPANY; 8189868510; JUN-26-00 11:35AM; PAGE 113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the Policy unless another date is Indicated below. Polley Humber: 72 SBA EP1141 72 ORIGINAL co a c Named Inawued and Malting Address: CURTIS-ROSE=HAL, LLC �+ 5959 W. CENTURY BLVD. tf1010 0 0 LOS ANGELES CA 90045 v Policy Change Effec1l" Data: 06 / 01 / 0 0 EffedW hour la the eame as t*ted In the w 13mlarallons Pegs of the Polley. N rl- o Polley Change Number. 0 D 1 0 0 « Agent Name: HOFFMA!N BROWN COMPANY AN INS AGCY Cods: 250285 _s POLICY CHANGES: NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE -` FORM I`JbMERS OF ENDORSEMENTS DELETED AT ENDORSZ-Y NT ISSUE: SS 04 38 10 96 _ FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: * = IH12001185 ADDITIONAL INSURED - MANAGER/LESSOR i� FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: SS 04 38 05 99 s s� s>, PRO RATA FACTOR: 0.208 T?!iS ENDORSEME= DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. _ - Fom SS 1211 0392T Printed in U.S.k Page 001 - Procaw Data: 0 61 D 7/ 0 0 Policy Erpb*lon Date: 0 8 / 16 / 0 0 INSURED COPY JUN-26-2000 11:31 81898se510 97% P.01 SENT BY: HO=FIQIAN BACMN COMOANY; 8189868510; JUN-26-00 11:36AM; PAGE 2/3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO This endorsement modifies insurance provided under the following: o BUSINESS LIABILfTY COVERAGE FORM A- Under B. EXCLUSIONS, 1. Applicaabls to Business (2) Someone using a 'non -owned auto' while he ,a Llablllty Cowrsge, exclusion g, does not apply to any or she is wortung In a business of selling. 'auto' that is a 'non -owned auto.' servicing, repairing, parking or storing 'autos' A `non -owned auto' is an 'auto" you do not own unless that business Is yours. 0. including but not limded to: (3) Anyone other than your employees, partners. c 1. An "auto' that you lease. hire, rent or barrow; a lessee or borrower or any of their employees, while moving property to or from a 0 2. A cusloer's 'auto' that is In your care, custody or m non -owned auto.' control for service: and 14) A partner of yours for a 'non -owned auto' * - owned by him or her or a membar of his or her 3. An employee's 'auto' while used in your business household. or personal atfairs. d. Anyone liable for the conduct of an 'insured' now This does not include a long-term leased 'auto' that described above but only to the extent of that = you insure as an owned 'auto' under any other auto Ilablllry. liability insurance policy or a temporary substitute for an 'auto" you own that Is out of service because of its C. With respect to the operation o} a 'non -owned auto': breakdown, repair, servicing or dastruction. 1. B. EXCLUSION, 1.a. does not apply to 'bodily This includes 'autos' owned by your employees or injury' to domestic employees not entitled to partners or members of their households but only while workers' compensation benefits or to liability used in your business or your personal affairs. assumed by the 'insured' under an 'Insured r� S .0. with reaped to the operation of a 'non -owned auto.' contract.' s W140 IS AN INSURED is replaced with the following: 2, B. EXCLUSION, I J. is replaced by the following: The following are 'insureds' Coverage does not apply to 'bodily injury' or .r s. You 'Property damage' arising out of the actual. alleged or threatened discharge. dispersal. b. Your employee while using with your permission: seepage, migration, release or escape of (1) An 'auto' you hire or borrow; or 'pollutants': (2) An -auto' you don't own, hire or borrow in your a- That are, or that are contained in any property business or personal affairs; or that is: � (3) An `auto" hired or rented by your employee on (1) Being transported or towed by, handled, your behalf and at your direction. or handled for movement into, onto or or 'auto'; fhe covered G. Anyone also while using with your permission a (2) Otherwise in the course of transit by or on 1 'non -owned auto' except: behalf of the 'insured': or >� 7 The owner or anyone else from whom you O y Y (3) Being stored, disposed of, treated or ` hire or borrow a 'non -owned auto.' processed in or upon the covered 'auto'. . Fcwm SS 04 38 06 99 Primed in U.S.A. (NS) Pqs 1 of 2 01999. The Hartford .TUN-26-2000 11:31 6199869510 97% P-02 SENT BY: HOFF1 1F1-VTZMNCOMPANY; JUN•26-00 11:36AM; PAUL J/J POLICY NUMBER: ?2 SBA EP1141 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Ln ao v M a w ADDITIONAL INSURED - MANAG.ER/LESSOR GENERAL ELECTRIC CREDIT EQUITIES, INC R & B COMMERCIAL REAL ESTATE SERVICES, INC 9841 AIRPORT BL. , #151.0 LOS ANGELES, CA 90045-5400 CITY ATTORNEY, ITS AGENT'S, OFFICERS AND EMPLOYEES P O BOX 190 HUNTINGTON BEACH, CA 92648 t_i'PROi ED AS TO ",'rL HUTTON. ci.. Form IN 12 0011 U T GEG- NO. 0 01 Pri med in U.S.A- Pegs 0 01 4rrocosss Dsis: 0 6! 0 7/ 0 0 EaplratN M Data: 0 6/ 16 / 0 0 JU►a-26-2000 11 : 31 INSURED COPY 818986B5i0 97 F.03 CITY OF HU-NTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION l . Name/fitiefDepartment of Requesting Staff Member 6(`ir 45' E/eiGt ASS) q^F ,1 � 2 Date of Request I / no _ / 3. 'Name of Contra cior/Pcmimee_ CnA r" "k1 S. — a Description of work to be performed^ /{Pl JE-C-An_+P- /4ayra l 1 I-L Cy D Pri- w 1 i-n -e� r2a&e_ ,a(`Z'c n. V. 160de✓e100,22e4¢ 14 b Value of Contract oZO 6- Length of Contract- 7- 7vpe of Insurance Waiver or Modrficaaon Requested _`P(o.�PSSlarJ4 1 (a) Lirtuts. (b) Coverage S_ Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE' 9 Reason for Request for Waiver or Reduction of Linuts 10- Identify the rnsks to the City if this request for waiver or modifications granted _101,/ Z,5 aZ Deparrnent Head Signature (Tins section to be completed bY Risk :Manager] Recommendation: Approve Deny Risk Manager's Sionature.0ate i ! /' (This section to be completed by City Auorne_v) Recommendation: .Approve Deny !� ` Ciry Artomey-s Signature/Date Settlement Comrninee approval required for this waiver. If Settlement CoTrnUttee appro),l i aequired. submit this form to Cuy AttorneA=1ceo be placed on the agenda. Recommendation- Approve Deny City Council approval required for this waiver If City Council approval is required, attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initials: Ow impVm:S inSugi-Cr/3/i;/oo Sent BY: CUR IS-RDS=N7HAL, LLC; 1 310 215 3089; stay-25-00 11:25AV.; Pace 213 0 0 Date Issued Contract No I Previous No 12/08199 STMOO11155 I STM-0009227 REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY THIS DECLARATION PAGE IS ATTACHEII TO AND FORMS PART OF THE MEMORANDUM OF INSURANCE ]rem LLLSF OF INSURER COvERAQE IS PROVIDED ON A CLAIMS MADE BASIS. 1 STAR INSURANCE COMPANY PLEASE READ CAREFULLY 26600 Telegraph Road f f Soutbfield, M1 48034 Customer ID: 101101 NAMED MEMBER: C'L-RTLS,-ROSEN'rHAL,LLC 2 5959 Wcxt Cenrury Blvd.. 01010 Los Angeles. CA 90045 — Mcmoraadum of Insurance Period From: 11/06/99 Tor 11/06/00 3 12:01 A.M. Standard Time at the Address Stated in Item 2 DEDUCTIBLE OR RETENTION- RETROACTIVE DATE. 4 j Eacb Claim S2,500.00 11/06/92 LIMIT OF LIABILITY: The Liana of Liability for each claim and in the aggregate is 5 $1,000,000.00 Each Claim reduced by claims expense as 0--fined in the Ivlr:norandum of Insurance. 52,000,000.00 Aggregate I MAIL NOTICE OF LOSS TO AGENT LIABILITY INSURANCE ADMINISTRATORS 6 1600 Anacapa Street Satan Barbara, California 93101 (805) 963-662r4 Fax: (805) 962-U652 ANNUAL PREMIUM: S15,652.00 7 NUMBER OF APPRAISERS- 21 FORMS ATTACHED AT ISSUE: 0490PL10394 0491PLO394 1020PL0394 9 1020PL0394-01 1825PL1097 0239PL(7195) Y AutbOTIZed 5ignatur 01 28 PL 09 97 - -.- npy-,;ti-7>2pp 1,;): 1 DA 1 71 R '7 i S �MQQ oc•, o RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE SUBJECT: Approve Amendment No. 1 to Agreement for Appraisal Services with Curtis -Rosenthal, LLC COUNCIL MEETING DATE: December 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Attached (Explain) Financial Impact Statement Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Insurance Certificates are in the process to be updated and will be forwarded to the City Attorney's Office. C. Ax_Z� REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author.