HomeMy WebLinkAboutParkcenter Realty Advisors - 2009-01-14 Eve
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To: JOAN FLYNN, City Clerk
Name of Contractor: Parkcenter Realty Advisors
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Apprasial Services
Amount of Contract: $30,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F-1 to Risk Management 0
Finance Dept. F-1 ORIGINAL bonds sent to Treasurer El
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND PARKCENII;R REALTY ADVISORS'
FOR
APPRAISAL SERVICES
Table of Contents
1 Scope of Services.....................................................................................................1
2 Agency Staff Assistance..........................................................................................2
3 Term;Time of Performance.....................................................................................2
4 Compensation..........................................................................................................2
5 Extra Work...............................................................................................................2
6 Method of Payment..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 Agency Employees and Officials.............................................................................7
16 Notices.........................................................................................7
17 Consent..... ..............................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings.....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attorney's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law........................................................................................................:10
27 Signatories.................................................................................................................10
28 Entirety......................................................................................................................10
29 Effective Date............................................... ...............................I I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AND pAgKCE= REALTY ADVISORS
FOR
APPRAISAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
Redevelopment Agency of the City of Huntington Beach, a public body of the State of
California, hereinafter referred to as "AGENCY, and Parkcenter Realty Advisors,
a corporation hereinafter referred to as "CONSULTANT."
WHEREAS, AGENCY desires to engage the services of a consultant to
provide appraisal services ; and
Pursuant to documentation on file in the office of the Agency Clerk, the provisions
of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Christopher N. Hardy who shall
represent it and be its sole contact and agent in all consultations with AGENCY during the
performance of this Agreement.
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2. AGENCY STAFF ASSISTANCE
AGENCY shall assign a staff coordinator to work directly with
CONSULTANT in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on a/P-- / , 20 (the "Commencement Date"). This
Agreement shall automatically terminate three (3) years from the Commencement Date,
unless extended or sooner terminated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than three (3) years from the
Commencement Date. The time for performance of the tasks identified in Exhibit "A"
are generally to be shown in Exhibit "A." This schedule may be amended to benefit the
PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein,
AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates
specified in Exhibit "B," which is attached hereto and incorporated by reference into this
Agreement, a fee, including all costs and expenses, not to exceed
thirty thousand--------------------------Dollars ($ 30,000.00-------).
5. EXTRA WORK
In the event AGENCY requires additional services not included in Exhibit
"A" or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from AGENCY.
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Additional compensation for such extra work shall be allowed only if the prior written
approval of AGENCY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "1B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn
these materials over to AGENCY upon expiration or termination of this Agreement or
upon PROJECT completion, whichever shall occur first. These materials may be used by
AGENCY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless AGENCY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and
expense and AGENCY shall approve selection of CONSULTANT's counsel. This
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indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to AGENCY a professional
liability insurance policy covering the work performed by it hereunder. This policy shall
provide coverage for CONSULTANT's professional liability in an amount not less than
One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of AGENCY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify AGENCY of circumstances or
incidents that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the AGENCY with required proof that
insurance has been procured and is in force and paid for, the AGENCY shall have the
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right, at the AGENCY's election, to forthwith terminate this Agreement. Such termination
shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. CONSULTANT waives the right to receive compensation and
agrees to indemnify the AGENCY for any work performed prior to approval of insurance
by the AGENCY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to AGENCY a certificate of insurance subject to approval of the Agency
Counsel evidencing the foregoing insurance coverage as required by this Agreement; the
certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by AGENCY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. AGENCY or its representative shall at all times have the right
to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in
a prompt and timely manner, the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of AGENCY.
CONSULTANT shall secure at its own cost and 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
PROJECT and/or the services to be performed hereunder.
12. TERMINATION 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 the 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. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY,
become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of AGENCY. If an assignment, delegation
or subcontract is approved, all approved assignees, delegates and subconsultants must
satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
AGENCY shall own all rights to any patent or copyright on any work, item
or material produced as a result of this Agreement.
15. 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 Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to AGENCY 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, to the addresses specified below. AGENCY and CONSULTANT may designate
different addresses to which subsequent notices, certificates or other communications will
be sent by notifying the other party via personal delivery, a reputable overnight carrier or
U. S. certified mail-return receipt requested:
TO AGENCY: TO CONSULTANT:
Redevelopment Agency of the Christopher N. Hardy
City of Huntington Beach 801 North Parkcenter Drive Suite 210
ATTN: Tina Krause Santa Ana, CA 92705
2000 Main Street
Huntington Beach, CA 92648 714-547-1733
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17. CONSENT
When AGENCY'S consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
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.
23. 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 Agency
Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for
payment of any legal services expenses incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY
in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
CONSULT'ANI''s Initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
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anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized officers. This Agreement shall be effective
on the date of its approval by the Agency Counsel. This Agreement shall expire when
terminated as provided herein.
CONSULTANT, REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a
PARKCENTER REALTY ADVISORS, INC. political body of the State of California
COMPANY NAME
By:
Deputy xecutiv ctor
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Christopher N. Hardy
print name
ITS: (circle one)Chairman/President/Cce Presiden APPROVED AS TO FORM:
AND t
Agency Counsel
By: Date
MAMA-Ar a. l Y
print name
ITS: (circle on Secret hief Financial Officer/Asst.
Secretary—Treasurer
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
PARKCENTER REALTY ADVISORS will provide appraisal services to the city on an as-
needed basis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Services Required For Acquisition of Private Property:
If the City requires real estate appraisal services for the acquisition of private property, the
consultant will conduct an appraisal study to estimate Fair Market Value of the property. Fair
Market Value is defined in Section 1263.320 of the California Code of Civil Procedure. If the
subject property represents a"total taking" by the City or Redevelopment Agency,the appraiser
will be guided by said definition of Fair Market Value. If the appraisal assignment involves a
partial taking of a parent property for a school project, the objective of the appraisal study will be
the estimation of Total Just Compensation including the consideration of severance damages and
project benefits, as may be appropriate.
The work plan for the appraisal of a partial taking appraisal study will be more extensive than the
total taking of a property. The following procedure addresses a total acquisition situation.
1. A Notice of Intent to Appraise will be issued to the subject property owner by the
appraiser (following the issuance of a Notice of Decision to Appraise issued by the
City or Redevelopment Agency. The Notice of Intent to Appraise will, among
other things, invite the subject property owner or his/her representative to
accompany the appraiser at the time of the formal appraisal inspection. The
appraiser will also submit a "Property Data" form along with the notification letter,
which form allows the property owner the opportunity to convey information to the
appraiser regarding recent repairs and upgrades made to the property, and the cost
thereof, the form also requests information regarding existing leases and rental
history as may be applicable.
2. The property owner is generally allowed ten days to respond to the Notice of Intent
to Appraise. If the owner responds and is cooperative, the consultant will schedule
an appointment at the owner's convenience. If the owner does not respond, the
appraiser will attempt to contact the owner by telephone, or at the subject property.
If the owner does not respond and the property is tenant occupied, arrangements
will be made with the tenant for the formal appraisal inspection (as the tenant has
possession and possessory rights to the property).
3. The consultant will perform the formal appraisal inspection, which will include the
measurement of all buildings and site improvements. Photographs will be taken of
all buildings (including interior photographs) and site improvements. The
construction detail of all buildings will be recorded (foundation, floor, exterior
walls, etc.). If the property owner and/or tenant deny the appraiser access, the City
Surfnet Exhibit A
will be advised, and information will be obtained (1) by viewing the subject
property from the adjacent public rights-of-way (in order to avoid trespass), as well
as (2) from public records and other sources.
4. The consultant will determine the zoning of the subject property, along with
development standards, by contact with the proper zoning authority. If there is a
question regarding the highest and best use of the subject property, and that use is
not in accordance with, or is not permitted within, the existing zoning, the
consultant will obtain an indication from the proper zoning official as to the
reasonable probability of obtaining a zone change, variance or Conditional Use
Permit. The appraisal of the subject property will be based on the legal use which,
in most cases, will be the current use.
5. The appraiser will initiate A market research program to locate land sales,
improved property sales and rental data, as appropriate, for the application of those
conventional valuation methods applicable to the subject property in the "before"
condition. The three conventional valuation methods include the Sales Comparison
Approach, Cost-Summation Approach and Income Capitalization Approach.
Various data sources (title company, data publication services, and in-person
contact with real estate agents and professional property managers) will be utilized
in order to obtain an adequate and representative amount of market data for the
application of the valuation methods.
6. All market data (land sales, improved property sales and rental information) will be
viewed, photographed and confirmed with a party of interest; the sales will be
confirmed by the grantor, grantee or agent involved in the transaction; the rental
data will be confirmed by the lessor, lessee and/or agent involved in the transaction.
Note that it is important to obtain a confirmation of the sale price (or lease rate) and
terms of sale (or lease terms) in order to properly analyze the sale or rental property
as it relates to the subject property.
7. The consultant will apply the valuation analysis to the subject property by
application of the three conventional valuation methods, as applicable.
7a. The Sales Comparison Approach will utilize land sales, as well as improved
property sales; adjustments will be made as appropriate for such items as
market conditions existing as of the date of sale, financing, and the various
elements of comparability, i.e. location, immediate environmental influences,
land size, land configuration, building size, building condition, construction
quality, etc.
7b. The Cost-Summation Approach will be applied employing the land value
estimate derived via the Sales Comparison Approach, plus the replacement
cost new of buildings and site improvements less a certain amount of
depreciation based on the physical condition, functional utility, and possibly
economic or locational obsolescence. The value indication produced by the
Cost-Summation Approach is the sum of the land value (as if vacant and
available for a highest and best use development), plus the depreciated value
Surfnet Exhibit A
of all improvements. Note that the replacement cost new will include both
direct and indirect costs (sometimes referred to as "hard" and"soft" costs).
7c. The Income Capitalization Approach is based essentially on the amount of net
income capable of being derived by a property, which net income is then
capitalized, or converted to an indication of value, by an appropriate
capitalization rate derived from sales of reasonably comparable investment-
type properties. The application of the Income Capitalization Approach
includes the proper estimate of gross income capable of being generated by
the subject property, then adjusted for a proper vacancy rate and proper
amount of fixed and operating expenses. The proper income applicable to the
subject property is estimated by way of the comparison process after
reviewing rental rates of other reasonably comparable properties. The
vacancy charge is based on a survey of other similar properties in the subject
market area. The actual expenses of the subject property will be considered
along with"industry standards" and expense ratios of other similar properties.
The capitalization rate will also be determined based on market evidence, i.e.
sales of reasonably similar investment properties wherein the sale price
thereof and net operating income can be determined or obtained from a party
of interest in the sale transaction. There are certain sources of summarized
capitalization rates and yield rates that are available from the national
appraisal organizations, and private real estate data source companies. A
Discounted Cash Flow Analysis may be used in lieu of a conventional Income
Capitalization Approach; the Discounted Cash Flow Analysis, or Yield
Capitalization, is a procedure in which a discount rate is applied to a set of
projected income streams (or cash flows) and a monetary reversion at the end
of the holding period (unless the study involves the leasehold up to and
including the lease termination date). The analysis will generally cover a
period of at least five years, and usually 10, 15 or 20 years.
8. The value indications produced by the three valuation methods will theoretically
produce the same value, however, that is rarely the case due to the imperfection of
the real estate market. The consultant will reconcile the differences based on that
valuation method (approach) which is supported by the most reliable market data.
Similar weight, then, may be assigned to more than one valuation method. The
value of the subject property will be based accordingly.
9. Appraiser and all employees shall adhere to appraisal practices as required to conform to
the Uniform Standards of Professional Appraisal Practice (USPAP).
Appraisal Required of City-Owned Property:
The real estate appraisal process is essentially the same for appraising virtually all types of
property, however, in the event City-owned property is appraised, the notification process will be
unnecessary.
Surfnet Exhibit A
Christopher N. Hardy will serve as the principal appraiser for all assignments issued by the City
of Huntington Beach. Certain associates may assist from time to time, however, Christopher N.
Hardy will be present and serve as the principal appraiser in all phases of an appraisal
assignment, including the inspection of the subject property(ies), market data gathering process,
market data analysis, valuation analysis, and drafting of the formal appraisal report.
At the City's option, the following services may be provided:
Provide appraisals for publicly offered land. Secure written permission from owners to enter
properties from which land is to be acquired; prepare and conduct pre-appraisal contact with
interested owners for each parcel; contact property owners or their representatives to offer an
opportunity to accompany the appraiser on the appraiser's inspection of subject property; prepare
a complete appraisal report for each parcel to be acquired; as necessary, prepare written
notification to the City of any concerns associated with properties to be acquired which could
require remediation; and review completed appraisals with City staff.
Prepare written appraisals of furniture, fixtures, and equipment or for special use properties.
Provide appraisals for insurance and/or insurance renewal purposes for multiple parcel or
structural evaluations.
As necessary, review appraisal reports to determine consistency with values, supporting
documentation related to the conclusions reached, and compliance with the Uniform Standards
of Professional Appraisal Practices.
Appraiser may also be required to provide appraisal-related consulting services on an "as-
needed" basis.
C. CITY'S DUTIES AND RESPONSIBILITIES:
City will provide vendor with detailed scope of work for each appraisal assignment.
D. WORK PROGRAM/PROJECT SCHEDULE:
The consultant will provide a timeline for each appraisal assignment requested.
Surfnet Exhibit A
EXHIBIT "B"
Payment Schedule (Hourly Basis)
1. CONSULTANT shall be entitled to monthly payments for work performed under this
contract on a not-to-exceed basis.
A. Total fees shall not exceed Thirty Thousand Dollars ($30,000.00). CONSULTANT
agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum
limit.
The fee schedule for professional real estate appraisal services will be based on the following fee
structure:
Individual Appraisal Services Rates Post-Appraisal/Trial Rates
Robert A. Steele, MAI, CRE $200/Hour $250/Hour
Christopher N. Hardy, MAI $200/Hour $250/Hour
Clay S. Harris, MAI $200/Hour $250/Hour
Marian L. Lamb $125/Hour $150/Hour
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
Surfnet Exhibit B
EXHIBIT B
Hourly Basis
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Hourly Basis
r; (271.5!?I1118 08:36 TREA fieathel- Nood4hWiann Lamb 2/2
THIS GER7'If[QAT� t? QAQ fi!! ! �y FxAT pk7ED
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� .� .. . .ice a x¢ b 12/1$103
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Associations LiabilityInsurance.A enG Inc. DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Y. POLICIES BELOW. .
4907 Morena Blvd.,Suite 1415 COMPANIES AFFORDING.COVERAGE
.San Diego,CA 92117 COMPANY
LET7FR A National Union Fire Insurance Com. anv
INSURED:. CONIPANY
LETTER B
Christopher N. Hardy t Parkeenter Consultants,Inc. COMPANY
LETTER C
801 N. Parkcenter Drive, Suite 210 COMPANY
LETTEr, D
Santa Ana, CA 92705 COWANY
I ��jy tr LETTER E
'- ..,.•IES n OF INS...:.'.
THIS JS TO CERTIFY THAT THE POLICLIRANCE.LISTED BELOW.HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED; NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF-SUCH.POLICIES. LIMITS SHOWN 14AY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY POLICY
.. LTR TYPE OF INSURANCE POLICYNUMBER EFFECTIVE- EXPIRATION LIMITS
DATE DATEfMt1tLcowel
i[MM0DAr.'I
C AL LIABILITY GE WE RA L.AC,CREGATE
1:;,kT --P,CIAL'_ENERAL LIA.FII.IT'! [04PIC,
CLA I a AI:L E PEFS•GNAL E:AD'J.
INd!<FY
vC!IF ghP=c
-• EACH.C+:itJF'FEtvJE
i:'jIITRA,FT.-RS F'S Q1 FIRE DAMAGE 4AAY pine
fife!
p'rf}.5t=•E'�ti PER4,TI---lis ASEL E;tPLA i.Y pna
Persia
AUTOMOBILE LIABILITY r,;A,�NEG SIrr=LE
LIMIT
Afff A(37Lr
r
ALL L4vV1-IE1-AUTO: . eitLILS'IN,AJRY lPef
NEo!!LeD AIJY;; D
ry+®
! �® rkrar,ri) R
NIPED AUT-0S . - EODLY INJ!In'i Upei.
... ...._..... -......_..-.. ..... .ucrix
,,LE_ ,2•EEe A!rt's C knt) -.
�1 tu / I
•.APA-EL1;1ZLITi �� / PROPERTY D;,LLA6E
`� t
EXCESSLIABILITY EA-:H�•: UFT.E13�E L
!t1dEFELIA.FC�FN ;%G"REL-ATE $
.iTH EP TW?N!R,tE='ILEA FORM > -
S-ATUTOPY
LII.IITS.
WORKERS COMPENSATION i EA-_H AO:IDENT ..t
xPFL' DISFASF LIMIT 3
. .. Ff4'I.iriESj'LIABILITY - GISEASE-E;A f
EMPLOYEE
OTHER
1'" PmtasscndLadl'�` Z:FIR EA01-047:5 6L212008 6/212004, 9LUUJ;l )
Cover Note Number Start' Expires AgaragaT=
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEWSPECIAL ITEMS -
City nfHuntingtnn Beach. named is additional Ins-cared
6ERTiFtGATE;Ha.p R ' '« JXNEELS.YFI r$3 r r. P
City.of Huntington Beach SHOULD ANY OF THE.ABOVE.oESCRiBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
2UDU Main.Street = DATE THEREOF;THE J"UWG COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE
TOTHE CERTIFICATE HOLDER NAMEDTO THE LEFT,BUT FAIUIRE�TO MAIL SUCHNOTiCE SHALL
Huntington Beach,CA BZ848 "`. IMPOSE ND OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS:OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATNE
CERTIFICATE OF INSURANCE ISSUE DATE
12/08/2008
PRODUCER Cert#21997 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
HALL,MAHAR&ASSOCIATES INSURANCE SERVICES,INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
1475 S.STATE COLLEGE BLVD#226 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
ANAHEIM,CA 92806 POLICIES BELOW.
(714)937-1500
FAX(714)937-1135 COMPANIES AFFORDING COVERAGE
COMPANY
A TRAVELERS CASUALTY INS CO OF.AMERICA
INSURED COMPANY
PARKCENTER CONSULTANTS INC B
DBA: PARKCENTER REALTY ADVISORS .
COMPANY
801 PARKCENTER DR#210 C
SANTA ANA, CA 92705 COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MWDD/YY) DATE(MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 4,000,000
X COMMERCIAL GENERAL LIABILITY 680-1854M114 APR 1 08 APR 1 09 PRODUCTS-COMP/OP AGG. $ 4,000,000
LAMS MADE m OCCUR. PERSONAL&ADV INJURY $
2,000,000
A OWNER'S&CONTRACTOR'S PROT.
EACH OCCURRENCE $ 2,000,000
FIRE DAMAGE(Any One Fire) $ 300,000
MED.EXPENSE(Any One Person)$ 5,000
AUTOMOBILE LIABILITY
ANY AUTO 680-1854M114 APR 108 APR 109 COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) $
A X HIRED AUTOS Y ASZTO
�A � BODILY INJURY
� - X NON-OWNED AUTOS MCG t'. � � $
THy CltyA /'l�l (Per Accident)_.__-..
1S3 •J PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLAFORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION AND STATUTORY LIMITS
EMPLOYERS'LIABILITY EACH ACCIDENT $
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS THE CITY CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS
AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED
OLE a rtlOf�l
!2 r,
.....,.... _a._._ .-..... .,.,a.-»J•+` ....._...: -G��'NC�L Tf0 �.r:�'_.9.,,,_-.. .5.. ': ....a+,.�t, Y �3._
CITY OF HUNTINGTON BEACH % SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 30 DAYS
2000 MAIN STREET WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
HUNTINGTON BEACH CA 92648 >:
L 10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM
ATTN: MR JUSTIN WESSELS, RISK MANAGEMENT
i AUYHOR -R ESE 7ATIVE
E
POLICY NUMBER: 680-1854M114 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED----DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
I
ATTN: MR JUSTIN WESSELS, RISK MANAGEMENT
E
f
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
THE CITY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,
AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED
Copyright, Insurance Services Office, Inc. 1984
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1.1909.
1. Date: 12/3/2008 2. Contract Number: ECD Q�9 OOoZOI�
3. Department: Economic Development 4. Requested by: Tina Krause
5. Name of consultant: Parkcenter Realty Advisors
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
See attached
7. Amount of the contract: $30,000.00
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 30580108.69310
11. Is this contract less than $50,000? ® Yes ❑ No
12. Does this contract fall within $50,000 and $100,000? ❑Yes ® No
13. Is this contract over$100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
See attached list "
16. Attach proposed scope of work.
See Exhibit A
17. Attach proposed payment schedule.
See Exhibit B
Department Head Sig ure RICHARY AMADRIL
entral S.e/rvices Manager
1. If the answer to this question is"No,"the contract will require approval from the City Council.
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
Christopher N. Hardy, MAI
Parkcenter Realty Advisors
Senior Vice President
801 North Parkcenter Drive., Suite 210
Santa Ana,CA 92705
Email: chardyaaparkcntr.com
(714)547-1733
Fax: (714)972-1492
Kevin Cook,MAI
29811 Santa Margarita Parkway
Rancho Santa Margarita,CA 92688
(949) 713-3787
Email: kcmai(o)cox.net
The Heath Group
Attn: Sean Heath
11403 West Bernardo Court
San Diego,CA 92127
(858)673-1177
Email: sean@heath-groul).com
Lidgard and Associates
Scott Lidgard,MAI
2808 E.Katella Ave.,Suite 107
Orange, CA 92867-5246
Phone: (714)633-8441
Fax: (714_633-8449
Email: scoq@lidg;ardinc.com
Craig Dodson
I 1 I Los Viento Drive
Newbury Park,CA 91320
Cell (818)515-5079
Home(805)498-0668
Email: craipsdodson@yahoo.com
Kurt Goeppner
Goeppner&Associates,Inc.
1096 Sea Bluff Drive
Costa Mesa, CA 92627
(800)334-1956
Email: kgoep-pner@earthlink.net
Lea Associates,Inc.
Robert M. Lea,MAI
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
1635 Pontius Avenue
Los Angeles, CA 90025
(310)477-6595
Email: chall ,lea.assoc.com
Michael Fairchild
21071 Jenner
Lake Forest, CA 92630-7078
(949)689-3438
Email: mfairchild101 c-Daol.com
Valentine and Associates
Gary Valentine
23942 Lyons Ave.,
Santa Clarita,CA 91321
Phone: (661)288-0198
Fax: (661)288-0197
Email: sg_v(@valentineappraisal.com
Peter Finnerty,MAI
Pacific Real Estate Consultants
4060 Campus Dr., Suite 230
Newport Beach,CA 92660
Phone: (949)752-9323
Fax: (949) 752-4920
Email: pacrecon(cr��pacbell.net
Gary Vogt,MAI
Gary Vogt and Associates
33191 Paseo Blanco
San Juan Capistrano, CA 92675-4617
Phone: (714)489-8029
Email: alvogt@cox.net
Leonard Lichter,Certified General Appraiser
The Real Estate Mart
17111 Beach Blvd.,#212
Huntington Beach,CA 92647
Phone: (714)841-6691
Fax: (714) 848-9193
Email: salesna.therealestatemart.com
Desmond,Marcello and Amster
6060 Center Drive
Los Angeles, CA 90045
Phone: (310)216-1400
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
Fax: (310)216-0800
Email: info(a-)dmavalue.com
Jeffrey T.Nagasaki,MAI
Nagasaki&Associates
2421 West 205`h St.
Torrance,CA 90501
Phone(310)224-7900 ext 103
Fax(310)224-7901
Email: jna asaki ,sbcglobal.net or jeffreytn@msn.com
R. P. Laurain&Associates,Inc.
3353 Linden Avenue,Suite 2.00
Long Beach,CA 90807
Phone: (562)426-0477
Fax: (562)988-2927
Email: johnorrplaurain.com
James Netzer
James B.Netzer,MAI
234 E. 17"St.,#209
Costa Mesa, CA 92627
Phone: (494)631-6799
Fax: (949) 631-4631
Email: jamesbnetzer@aol.com
Greg Wingerd
19152 Yacht Lane
Huntington Beach,CA 92646
(714)963-8846
Email: appraiser(a(a�tmail.com
Cash Gill
Gill Group
Email: cash.gill@pillgroup.com
David Gribin
Gribin Company
22551 Ventura Blvd.,Ste 201
Woodland Hills,CA 91364-1427