Loading...
HomeMy WebLinkAboutC-2063ARCADIA REDEVELOPMENT AGENCY PROFESSIONAL SERVICES AGREEMENT APPRAISAL — SANTA ANITA INN 1. PARTIES AND DATE. This Agreement is made and entered into this T ., day of dam' , 2004 by and between the Arcadia Redevelopment Agency, a public body, corporatf and politic organized under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "Agency ") and Mason & Mason, a California Corporation, with its principal place of business at 2609 Honolulu Avenue, Suite 100, Montrose, CA 91020 ( "Consultant "). Agency and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Agency on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing real estate appraisal services to public clients, is licensed in the State of California, and is familiar with the plans of Agency. 2.2 Project. Agency desires to engage Consultant to render such services for the Santa Anita Inn project ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Agency all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional real estate appraisal consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from April 20, 2004 to December 31, 2004, unless earlier terminated as provided herein. Consultant shall complete the Services within the tern of this Agreement, and shall meet any other established schedules and deadlines. E 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Agency retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Agency and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Agency shall respond to Consultant's submittals in a timely manner. Upon request of Agency, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Agency. 3.2.4 Substitution of Key Personnel. Consultant has represented to Agency that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Agency. In the event that Agency and Consultant cannot agree as to the substitution of key personnel, Agency shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a mamler acceptable to the Agency, or who are determined by the Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Agency. The key personnel for performance of this Agreement are as follows: Bradford D. Thompson, MAI. 3.2.5 Agency's Representative. The Agency hereby designates Don Penman, Deputy Executive Director, or his designee, to act as its representative for the performance of this Agreement ( "Agency's Representative "). Agency's Representative shall have the power to act on behalf of the Agency for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the Agency's Representative or his or her designee. 2 3.2.6 Consultant's Representative. Consultant hereby designates Bradford D. Thompson, MAI, or his designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with Agency staff in the performance of Services and shall be available to Agency's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employ. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Agency, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Agency, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Agency, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, Agency, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Agency that it has 3 secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Agency that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of hnsurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement /location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City /Agency to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, Agency, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, Agency, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, Agency, its directors, 4 officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, Agency, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, Agency, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, Agency, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, Agency, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Agency; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, Agency, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, Agency, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City /Agency. Consultant shall guarantee that, at the option of the City /Agency, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, Agency, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City /Agency. 3.2.10.8 Verification of Coverage. Consultant shall furnish City /Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City /Agency. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Agency if requested. All certificates and 5 endorsements must be received and approved by the Agency before work commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed twelve thousand five hundred dollars ($12,500) without written approval of Agency's Deputy Executive Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to Agency a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Agency shall, within forty -five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Agency. 3.3.4 Extra Work. At any time during the term of this Agreement, Agency may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Agency to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Agency's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during 0 normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Agency may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon tennination, Consultant shall be compensated only for those services which have been adequately rendered to Agency, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Agency may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Agency may procure, upon such terns and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Agency: Mason & Mason 2609 Honolulu Avenue, Suite 100 Montrose, CA 91020 Attn: Bradford D. Thompson, MAI Arcadia Redevelopment Agency 240 West Huntington drive Arcadia, CA 91066 -6021 Attn: Don Penman, Deputy Executive Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for Agency to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that Agency is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Agency. Agency shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Agency's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production . or other similar medium without the prior written consent of Agency. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, Agency, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in comnection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. 0 Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, Agency, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City, Agency or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City, Agency and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, Agency, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Agency's Right to Employ Other Consultants. Agency reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Agency. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to Agency include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 0 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Agency's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 19 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Agency. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. ARCADIA REDEVELOPMENT AENCY S William R. Kelly Executive Director Dated: .' , 2004 ATTEST: Agency Secretary APPROVED AS TO FORM: sb(j� P p4b;(�w Stephen P. Deitsch Agency Attorney MASON & MASON By: Frances W. Mason President 11 CONCUR: Department Head Date EXHIBIT "A" SCOPE OF SERVICES SANTA ANITA INN APPRAISAL The Consultant shall prepare a Complete Fair Market Value Appraisal, Summary Report Fonnat, of the fee simple interest in the above - referenced property. The purpose of the valuation shall be to estimate the current market value of the property as of current date for proposed acquisition of the property for redevelopment purposes in accordance with the Health and Safety Code Section 33000 et seq. The appraisal report shall include the Sales Comparison and Income Capitalization Approaches to value, and shall include the Cost Approach to value only if applicable. A -1 ExHIBIT "B" SCHEDULE OF SERVICES SANTA ANITA INN APPRAISAL 1. Meeting with Agency staff Collection of project- related data 2. Site visits, comp visits, preparation of appraisal report 3. Submittal of appraisal report (3 copies) Estimated Estimated Time Date 2 hours Week of April 26, 2004 5 weeks Week of April 26 to week of May 24, 2004 2 hours Week of May 31, 2004 Note: Additional work/costs, as required by the Agency in writing, shall be in accord with the Mason & Mason 2004 Standard Fee Schedule dated November 2003 and attached to the Mason & Mason proposal dated February 26, 2004. B -1 EXHIBIT "C" COMPENSATION SANTA ANITA INN APPRAISAL Base Fee $12,000 2. Reimbursable Expenses — Cost plus 10% - Estimated 500 TOTAL C -1 $12,500 ��� „M CERTIFICATE OF INSURANCE is t at ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois M STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois i i!ft6§ `thb`fbI wing policyholder for the coverages indicated below: Name of policyholder MASON & MASON REAL ESTATE APPRAISERS & CONSULTANTS, Address of policyholder A CALIFORNIA CORPORATION Location of operations 2609 HONOLULU AVE STE 100 MONTROSE, CA 91020 -1734 Description of operations RE APPRAISING The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY at beginning of policy period) Comprehensive BODILY INJURY AND 92— CD- 8606 -5 Business Liability 05/03/03 05/03/04 PROPERTY DAMAGE This insurance includes: M Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $1000000 ® Personal Injury M Advertising Injury General Aggregate $2000000 ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $2000000 ❑ General Aggregate Limit applies to each project M BUSINESS — OFFICE POLICY M NON OWNED AUTO & HIRED AUTO EXCESS LIABILITY POLICY PERIOD Effective Date Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY 1 (at beginning of policy period) APR 2 8 I evelOPment Sery fjfl,, Economic Devel prr)f)rYj p, ,t:h;f ; 11 Name and Address of Certificate Holder ARCADIA REDEVELOPMENT AGENCY 240 WEST HUNTINGTON DRIVE ARCADIA, CA 910660 -6021 ATTN: DON PENMAN,DEP EXUTIVE DIR If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 3 0 days before cancellation. If, however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. Signature of Authorized Representative C Title 558 -994 a 2 -90 Printed in U.S.A. Date SH Policy No. 92- CD- 8606 -5 EFFECTIVE ADDITIONAL INSURED ENDORSEMENT DESIGNATED PREMISES ONLY FE -6320 (7/88) STAI[ lARM RECEIVEDNSVtANff Policy NO.: 92 -CD- 8606 -5 MAY 0 6 Named Insured: MASON & MASON REAL ESTATE DEVCLOPIOEN7` APPRAISERS AND CONSULTANTS A CALIFORNIA CORPORATION Name of Additional Insured: ARCADIA REDEVELOPMENT AGENCY ITS DIRECTORS, EMPLOYEES, AGENTS & VOLUNTEERS Address of Additional Insured: ATTN DON PENMAN, DEVELOPMENT DEPARTMENT 240 W HUNTINGTON DR ARCADIA CA 91066 Interest of Additional Insured: CONTRACTOR OF SERVICES Location of Premises: PER CONTRACT The word "insured ", wherever used in this policy, also includes the designated person or organization named above as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X!! to the extent indicated. ❑ SECTION I. This applies only to COVERAGE A - BUILDINGS. ❑ SECTION I. This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY. Description of Property: x❑ SECTION 11. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M - MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of the premises designated above and operations necessary or incidental thereto. These SECTION 11 coverages do not apply to: 1. structural alterations or new construction performed by or on behalf of the designated person or organization; 2. personal injury caused by the designated person or organization; 3. liability the designated person or organization assumed under a contract; or 4. products - completed operations hazard arising out of goods or inventory which are not sold or distributed by you or arising out of the manufacturing or packaging of such goods or inventory. All other provisions of the policy apply. FE -6320 (7/88) Printed in U.S.A. 04/27/2004 16:43 B189571nQ1 MASON AND MASON, MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 9 1020-1706 Telephone (818) 9571881 Fax (818) 957-1891 e -mail: NTomlin son Qmason2.corn PAGE 01/04 Frances WOIN Mason, MAI Dav1d S. Maso ' n, MAI Lisa M. 13en son, MAI Vinraht G. Maher, MAI, Kate C. MOWAttars, MAI SRA Br8dford D. -nlorrI MAI VIL40ria Valdntin6, RN4, Robert W, VV@tats, MAI SPJWA FAX TRANSMITTAL FL:=t1w/ April 27, 2004 4.30 pm Pete Kinnahan V City of Arcadia, Development Services Department 11F 309 Nancy Tomlinson 4 11 The following are the certificates from each of our insurance carriers for (1 ) General Liability, (2) Professional Liability ,I and (3) Workers Compensation. 4— 'S KeLAA 6#- 4,a z A new GL certificate will be mailed prior to 514104 note the term of the policy is May to May. The Additional lnsuretf 91, Endorsement will be in the mail by Wednesday for 6L !S" J/ insurance. We are checking to see if our carrier for Professional Liability issues an add 'l insured endorsement and will follow up with you soon, Thank vou 04/2,7/2004 16:43 8189571 ^q1 MASON AND MASON PAGE 02/04 sanTe 'mq�l i CtRTFICATIE OF MMURANCE C3 "*WI* FARM FIRE AND CASUALTY COMPANY, Eioomi VHna Par ' STATE FARM GENERA!. INSNCE COMI�ANY tllinols Y dsTforthe covetaages indicated below eloomingipn, Ilfl►tais ®tne of pormyh!►lder 'WON & MASON ESTATE A>?PR&ISE.RS Addr�essrrp�idlVcijrhOlder A CALIFORNIA COREQPATION 2609 HONOLULU AVE STE 100 MOVTROSE CJ Locatfon of oper40116 RAW bescription of operations ' 'RA] The polices l befQ�vv luxe Crean isalUed to the K subs# to � the Carnes 00Iusions and cons of! POLICY NUIYIBER TYPE OF INSURANCE rd ri uau�s - c:ompt�ed OpWatrans �] Contractual UabRy ❑ Underground Hazord oomrwe i� Personal injury Advertising lrljuryr D Eplosion Hazaard Coverage L3 Coliapse Hoard Covataga i >l General Aggr"s#e Llmft applW to each prgect ® BUS ZNES,S – O POLICY ' Corr cawNE� �u�0 E}CCESS L1AB1I.rrY POLlC1'PERK Etreativa Date oirnl CI umbrella .— Workers' Corrrpensatlan rind Employers uability Policy NUMBER i . Ty OF INSURANCE Name and Address of 0*111 cite Notdar ARCADIA REDEVEtOPMNT AGENCY 240 WEST HIMT10,33TON DRIVE ,ARCADIA,, CA, -9I{y660- -6021 ATTN.- D01q PENNAMir DEP EXUTIVE DIR 65849" a �gp Plfhiwef fie t1.9 A'' Each 00currance General Aggregsta Products � cumpleNed Openetlons Aggr Wow f'I 00.2 I BODILY INJURY AND PROPERTY DAMAGE $1000DOO $ 2000000 $ 2000000 (Combined Single Limit) Each Ocarrrence $ Park 2 BODILY INJURY Each Aaciderrt $ Disease Each employes $ it any of the clesoribgd polI jes M canceled before ft Wiraation date, , >4 Farm will tryto nm l a wni* -n noUm to the cgrtl l0eft holder 3 0 day, before tan11-Iiadon. it howaevet' vwt; fail to me" sueh nOUM no oirB9gadon or liatoXyr '�''r� on to Fetm " or its agan#a or yg T sWaiure orAtthartmd Rep ,, Tw Date 04/27/2004 16:43 8189571r "1 MASON AND MASON PAGE 03/04 CERTMCATE OF IMMURANCE Produacr: 1sFue bate: Q4M/2004 LIABILITY 11111ANCE ADM'NISTRATORS This Certificate is issued) aR a P.O. Box 1319 matter of information only and Santa Barbara, CA 93102 -I319 CO�'fera no rights upon the Certificate Rolder. This Certificate does not Amend, extend or alter the coverage atrbrded by tho Policy below. Insured: 129571 MASON & MASON REAL ESTATE APPRAISERS & CG!PiSULTANT9 2609 Honolulu Avonue /Suite I00 Montrose, CA 91020,1706 Fax ,Number 818. 957 -1891 O+0 ING COVERAgE Liberty Insurance Underw6ters, Inc. b)ilt�! Authorized Representative This is to cetmfy that the policy of insurance listed below has been issued to the Insured indicated, rti cat may bbstan ed any requirement, term of condition of any contract or other document with respect to which this Certificate may be igsued or ma �� above for the policy period Y pertain, the insurance aflarded by the policy described herein iR sub exclusions and eanditigns flf such policy. Limits shown may have been reduced b Jett t4 ail the tCmTS. �.. Y paid claims. TYPE OF tNSURANCE profssional Liability POLICY N'tJ MER I EMC11vP, DATE 1 EXPIRATION I7ATI3 .LIMi'1'S LIU005540.002 08115!2003 0$!1$120()4 General Aggregate Each Claim $ 1,000,000 � 1.aoa,ot►0 Description of Ctper4tionVLorations /5peciai Items: REAL ESTATE APPRA1;gERS PROF SIONAL I.LOILMY MSM14NCZ E'VID,ENCE OF INSLJIl;ANCE Certificate holder. Arcadia Redevelopment Agency Attn. Don Pcnman, Deputy Executive Director 240 West Huntington Drive Arcadia, CA 91066 -6021 LIAOOp 1 11 T /571 Insured Copy Cancellation: Should the above described Policy be conceited before the expiration date thereof, the boring Cumpany will endeavor to malt 30 days notice, except IO days notice for .nonpayment of prendum, to the certificate holder maned to the left. However, failure to aaaail such notice Shall impose no obligation or Ilabillty ar any Lund upon the COMPml,, lts agents or reprMentatives.