HomeMy WebLinkAboutHARRY B. HOLZHAUER & ASSOCIATESAMTail i ZNDMZN,,T TO AGREZMENT, made and entered into this
of November, 16, by and between the City Of Santa Ana,
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-orporation# hereinafter referred to as "CITY"' and
W ;tiolzhaider PC A380CI
Har—J.1.&t6s, a partnership, hereinafter referred
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to as UAPPRAISM".
Recitala;
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1%. CITTY and APPRAIM, entered into an Agreerent For Appraisal
of Real :--roDerty, dated Octobor 23? 1995, for the valuation of six
Parcels of real property required for the widening of ari:--tol
Gt-raiat bet -wtan Elm Street and Santiago Creek.
After co=fanclng work u4ndtr said Agreement, APPRAISL
ear-naed that one of said six pa-rce.19 t specif ically A. P, No. 001-3 03 -
ol- invol7ed unanti-ipated issues oal severance damages aid value of
the remainder property, �scessitating more work and analysis than
originAll-v contemplated '_V2 the parties to said Agreement.
W,r,MFQRZ, in consideration Of their 'mutual covenants and
I - to the terms
agrgem anr- a hereinafter contained and made, and subjeQo_
and con%di t 4. -Ons ',^,e-_e0fr CITY and APPRAISER do hersbY agree that
wiclo paragraph I of said Ag-reement is amended as Ifollows!
The e "Sever. Thousand Five Hundred DollarS
A& fig' gu -r
is deleted and the figure "-Fifteen Thousand Dollars
is sulDstitutsd in place thereof.
fiT.Ire "Ton Thousand nollars ($10,000)" is
delet ad and the liqur* "Twanty Six Thousand Seven l3-undrs4d and
$2 6 j 71 , 00)
is substitilted in place thereof,
TES IMAL 14.4 rREOF, the parties hereto haya executed this
Nagreement of the date abfirst hereinove set forth.
jdgce C. GUY
rjei-)� of the CoUnCil
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APPROVE4 A TO FORK:
'
Jogeph W. Fletcher
city Attorney
CITY
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1771'111�
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HARRY HOLZ71HAU i ASSOCIATES
by
Ho1zhauer
ORIGINAL
AGREEMENT FOR APPRAISAL OF REAL PROPERTY
191
THIS AGREEMENT, made and entered into this day
of Te"O,�Y'� 199 L by and between the City of Santa Ana, a
municipal corporation, hereinafter referred to as "CITY" ;end
HARRY HOLZHAUER & ASSOCIATES, a partnership, hereinafter referred
to as "APPRAISER".
W I T N E S S E T H
Recitals:
1. CITY proposes to acquire certain interest in real
property in the City of Santa Ana for the widening of Bristol
Street between Elm Street and Santiago Creek, hereinafter
referred to as "THE PROJECT", and desires APPRAISER furnish
certain services with respect to such property, including an
appraisal thereof.
2. APPRAISER represents that he is fully qualified to
perform such services.
3. The services provided under this agreement are
necessary in furtherance of the street widening project in the
City of Santa Ana.
WHEREFORE, in consideration of their mutual covenants and
agreements hereinafter contained and made, and subject to the
terms and conditions hereof, the parties hereto do hereby agree
as follows:
I. SCOPE OF SERVICES
A. Property to be Appraised
The estates or interest in the realty to be appraised
shall be described in the title report which shall be sent by
CITY to APPRAISER after the execution hereof by CITY. Parcels to
be appraised are listed in "Exhibit A (attached hereto and made a
part hereof). A separate appraisal is to be furnished for each
parcel, unless otherwise instructed by CITY.
The date of completion for these appraisals shall be
NOVEMBER 30, 1995, which is sixty (60) days.
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B. Loss of Goodwill
As used herein, "Goodwill" consists of the benefits
that accrue to a business as a result of its location, reputation
for dependability, skill or quality, and any other circumstances
resulting in probable retention of old or acquisition of new
patronage. CITY has determined that there is no potential
goodwill loss which would occur due to the street widening,
therefore CITY does not request APPRAISER to appraise the value
of the goodwill loss, and APPRAISER agrees not to provide such
value.
C. Purpose and Basis of Valuations
1. Purpose and Significance of Appraisals
The appraisals to be furnished under this agreement are
required by CITY for its guidance in making fair and impartial
determinations of fair market vale and just compensation to be
offered for each parcel. APPRAISER shall be guided by such
objectives. The text of each appraisal report shall cover all
matters germane to such required valuation findings and shall
provide a full explanation of APPRAISER'S reasoning and analysis
of the evidence of value.
2. Appraisal Standards
APPRAISER shall beguidedby Caltrans Right of Way
Procedural Handbook -Volume 7- Appraisals, issued by the State of
California, Department of Transportation and shall also be -guided,
by the California Code of Civil Procedure 123.010 et seq.
(California Eminent Domain Law). The three standard approaches
to value shall be considered and if not used, the reasons for
their exclusion shall be included.
3. Concept of Value
APPRAISER'S opinion of the fair market value shall be in
accordance with the definition of concepts of value and the rules
on admissibility of evidence of value under the Eminent Domain
Law of the State of California.
4. Date of Valuation
APPRAISER'S valuation shall be as of a date concurrent with
the preparation of his report, unless CITY has specified in
writing an earlier date of valuation.
5. Relocation Assistance and Payments
APPRAISER'S analysis and opinions of property value shall
not reflect any consideration or allowance for the relocation
assistance and payments provided under State or Federal law.
6. Influence of Project on Property Value
In forming opinions of the fair market value of any
property, APPRAISER shall disregard any decrease or increase in
the fair market value of property to be acquired (or the entire
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property of the owner in the case of a partial taking) prior to
the date of valuation caused by the public improvement or project
for which the property is to be acquired, or by the likelihood
that the property would be acquired for such improvement or
project, other than that due to physical deterioration within the
reasonable control of the owner. In the case of a partial
taking, using the before -and -after method of valuation,
APPRAISER'S opinion of value of the remaining not-to-be...a*quired
portion of the property shall reflect any increase or decrease in
value attributable to the Property.
D. APPRAISER'S SERVICES
APPRAISER Agrees;
1. Appraisals
To appraise parcels and any improvements thereon listed on
"Exhibit All, and prepare and deliver to CITY, within the time
period specified in Section A hereof, written narrative appraisal
report(s) in three (3) copies conforming to the provisions of
this agreement. The appraisal(s) shall provide a separate value
for outdoor advertising signs showing any value attributed to
income and lease value.
2. Property Inspection
To visit each parcel in order to inspect personally the land
and all improvements and other elements of value thereon or
belonging thereto, excepting only trade fixtures, equipment and
furnishings. APPRAISER shall give the owner any opportunity, by
reasonable advance notice in writing or otherwise, to accompany
APPRAISER, during his detailed inspection of the property. If an
owner of compensable interest in the property or a representative
of such owner does not accompany APPRAISER during such
inspection, APPRAISER shall include in his appraisal report a
copy of his notification to such owner, certified by APPRAISER to
have been delivered to such owner personally or by certified or
registered mail not less than seven (7) days prior to his
inspection of the property. In the process of inspecting
property, APPRAISER shall, to the extent practicable, ascertain
the rights of all parties in possession and note for
consideration all factual information and comments furnished by
the owner or his representative relevant to the appraisal. If
APPRAISER'S inspection or investigation disclosed a sale of a
portion of a parcel by an unrecorded contract of sale or
otherwise, APPRAISER shall furnish separate reports for each
separately owned portion of the parcel. If another appraiser is
also to appraise the same property. APPRAISER may make his
inspection with such other appraiser, but must otherwise prepare
his appraisal report independently.
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3. Valuation Data
To make such investigations, cost analyses, and property
inspections as are appropriate to enable APPRAISER to achieve
sound conclusions and to prepare the appraisal reports to be
furnished under this agreement.
4. Valuation Methods
To utilize appraised valuation method set forth in..Article
I., E., 8., hereof.
5. Testimony in Judicial Proceedings
To testify as an expert witness on behalf of CITY in any
judicial proceedings involving any property appraised under this
agreement. Such -services shall include such reasonable time as
may be required for reinspection of the property, updating
APPRAISER'S valuation, participation in pretrial conferences with
counsel for CITY, and testifying in the judicial proceedings.
The compensation for such testimony in judicial proceedings shall
be determined in accordance with Article III., hereof.
6. Modification of Delivered Appraisal Reports
To modify or furnish supplements to any appraisal report
furnished hereunder, without additional cost to CITY, if (a)
applicable principles of law with respect to the valuation of the
property existing as of the date of this agreement require the
modification or supplementing of such appraisal, (b) material
omissions, inaccuracies, or defects in the appraisal report are
discovered after delivery and acceptance of the report by CITY,
or (c) APPRAISER receives or becomes aware of relevant
information, in existence prior to the date when APPRAISER signed
the report. If there is a significant delay between the date of
valuation and the date of acquisition of any parcel or if the
property has been materially changed since the appraisal, or if a
revised determination of boundaries or the interest to be
acquired, has been made, or if other good cause appears,
APPRAISER shall, if requested by CITY, furnish CITY a
supplementary report updating his valuation and the supporting
data and analysis to a current date. The compensation for such
updating of an appraisal shall be determined in accordance with
Article III., hereof.
7. Retention of Appraisal Records
To retain a copy of each appraisal report and all notes and
records germane to the appraisal for five (5) years after
delivering the appraisal report to CITY or until the property is
acquired by CITY or its proposed acquisition of the property is
abandoned, whichever is latest.
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8. Consultation with the City
To advise and consult with CITY and its legal counsel
regarding appraisal services performed and to be performed by
APPRAISER as related to the properties involved in this
agreement, at such time or times as may be mutually convenient
for the parties to this agreement, without additional charge to
CITY. APPRAISER shall initiate such consultations whenever
APPRAISER is in doubt as to whether an element of property- is
real or personal property or needs legal advice on any aspect of
the appraisals to be furnished under this agreement. There shall
be no charge by any party for such consultations.
E. CONTENTS OF APPRAISAL REPORTS
The appraisal report or reports to be furnished by APPRAISER
to CITY in accordance with this agreement shall contain certain
information and APPRAISER'S conclusions and opinions, together
with the data and analyses by which they were derived, as set
forth below. A separate report shall be submitted for each
parcel listed on "Exhibit All. However, if APPRAISER is to
appraise several parcels in the same general area, APPRAISER may
also prepare and submit a separate overall report and data volume
and use it as a data source and reference in the separate
appraisal reports on the individual parcels. The appraisal
report on each parcel shall consist of a cover sheet as provided
in Article I., E.,- 1., below, followed by a report furnishing
APPRAISERS opinions and conclusions and the data and analyses on
which they are based. The appraisal report on each parcel shall
include the following:
1. Appraisal Summary
A cover sheet headed "Appraisal Report for (name of CITY)",
which may be a printed form, completed to provide the following:
a. Project name and number.
b. Date of the report.
C. Assessor parcel number, address of the property, and the
name of the owner or owners.
d. Date or dates of APPRAISER'S inspection of the property,
including the name of each owner or representative of an owner
who accompanied APPRAISER during his inspection and the interest
held in the property or representative capacity of each such
person. For each unrepresented owner, APPRAISER shall include in
the narrative portion of the appraisal report the evidence of
notification required by Article I., D., 2., of this agreement
and any further explanation deemed appropriate.
e. APPRAISER'S estimate of the fair market value of the
property.
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f. Any other fact or conclusion from APPRAISER'S report
which CITY requests APPRAISER to include on the summary page.
g. Any limiting conditions of the appraisal report. Any
other appropriate assumption or limiting condition may be added
if it has been specifically approved in writing by CITY.
h. The certifications of APPRAISER (1) that APPRAI.S-ER
personally made a thorough inspection of the property, (2) that,
to the best of APPRAISER'S knowledge and belief, everything
contained in the report is true and no relevant and important
fact has been omitted, (3) that neither APPRAISER'S employment
nor compensation is contingent on the valuation reported and (4)
that APPRAISER has no past, present, or prospective interest
(including that of real estate agent or broker) in the property,
the parties involved, or any other interest that would conflict
in any way with the services performed or the making of an
impartial report.
i. A certification that, in APPRAISER'S opinion, the fair
market value of the property is (an amount to be stated) as of
(the date of valuation determined in accordance with Article I.,
C., 4., of this agreement).
j. The signature of APPRAISER.
2. OWNERSHIP
The name(s) and address(es) of the owner(s) of the property.
3. DELINEATION OF PROPERTY
The street address of the property and an accurate legal
description of the real property and the interest therein
appraised, together with a plot plan of the real property and any
and all improvements thereon. The property delineation shall
specifically exclude and describe any separately held interest in
the real property, which under the definition of "parcel" in
Article I., A., is to be appraised and acquired either separately
or as an appurtenance of another parcel to be acquired. The
description shall also specifically exclude all separately held
interests which are not to be acquired and will not be affected
adversely by CITY'S Project. If there are any separately held
interest in a parcel, such as leaseholds, tenant -owned
improvements, life estates, easements, and water, gas, oil, or
mineral rights, furnish a description of each separate interest
comprising part of the property appraised and the name of its
owner.
4. INVENTORY OF IMPROVEMENTS
An inventory identifying each building, structure, or other
improvement. The ownership of any improvement by anyone other
than the landowner shall be identified on the inventory.
5. IMPROVEMENT ANALYSIS
If the interior of this improvement cannot be inspected at
the time of the original appraisal, the appraisal repor..t.-shall
verify the lack of access and the diligent effort made to obtain
access; and CITY shall be notified prior to compiling the
appraisal report. Buildings, structures, and other improvements,
shall be identified and classified as to ownership and type of
property as follows:
a. Ownership.
(1) Owner of the land.
(2) Each tenant in occupancy.
b. Type of property.
(1) Building, structure, or other improvement.
(2) The amount of real estate taxes for the
current year and the assessed valuation
stated separately for land and improvements.
(3) If any building, structure, or other
improvement is not to be acquired, will not
be adversely affected by CITY'S Project, and
will not be required by CITY to be removed,
such as a pipeline in an easement not to be
acquired, such improvement shall be identified
as excluded from the appraisal.
6. PROPERTY DATA
Description of the property, including information pertinent
to the appraisal with respect to such matters as: (a) the zoning
and any restrictive covenants, conditions, or servitudes
affecting the available use or occupancy of the land; (b) the use
and occupancy of the property at time of appraisal; (c) the
freedom of the property from or susceptibility to special
hazards; (d) a description of the fixtures, and other equipment,
if any, appurtenant to the land, and germane to the value of the
real property. The report shall also include such exterior and
interior photographs as are appropriate as part of the
description of the property.
7. LEGAL AND TITLE MATTERS AFFECTING VALUE
Report of any official citations or personal observations by
APPRAISER of any condition or occupancy of the property in
violation of law and any other legal or title matters affecting
the available lawful uses or the value of the property.
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8. PROPERTY VALUATION AND APPRAISAL
The opinion of APPRAISER as to the fair market value of the
property. The appraisal report shall contain a description of
the reasoning process used by APPRAISER in reaching conclusions
as to value and all data and analyses needed to explain and
support his valuation. The supporting data and analyses
furnished in the appraisal report shall include, among other
things the following:
a. All other information, analyses, and estimates
considered by APPRAISER to be relevant to the estimation of the
fair market value of the property. Included shall be a statement
of all factors taken into consideration by APPRAISER believed to
influence, either favorably or unfavorably, the market value of
the property.
b. If the property appraised is a part of a
larger parcel in the same ownership or is less than the entire
interest of the owner in the property, the appraisal report shall
contain APPRAISER'S opinion of just compensation for a taking of
such property or interest, using the before--and-after method of
valuation as interpreted under State law unless it is obvious
that there would be no damages or benefits to the remaining
property or interest of the owner. However, if the part of
interest to be taken is such a small part of the whole property
that the damages for the taking can be more accurately estimated
directly that method may be used if permitted under State law,
without estimating the fair market value of the entire property
of the owner. The foregoing opinions of APPRAISER shall be
supported in the appraisal report by the data an analyses used to
reach such conclusions. The appraisal report shall also contain,
for information purposes only (unless required by State law),
APPRAISER'S estimates of the fair market value of the to -be -
acquired part or interest as part.of the whole property and the
net damages or benefits to the remaining property of the owner.
if, in the opinion of APPRAISER, acquisition of the part of, or
interest in, the property proposed for acquisition would leave
the owner with an uneconomic remnant, APPRAISER shall furnish a
separate estimate of the fair market value of the entire property
and interests of the owner unless informed by CITY that it does
not have authority legally to acquire the remnant.
C. Such maps, plans, photographs, or other
exhibits, as necessary, to explain or illustrate the analyses of
APPRAISER.
d. APPRAISER'S evaluation of the indications of
value deduced from APPRAISER'S separate analyses of the various
evidences of value and an explanation of how the final conclusion
to the fair market value of such property was reached.
9. ADDITIONAL FINDINGS IN CERTAIN CASES
Additional conclusions, if applicable, as follows:
a. Separate Held Interests
If there are separately held interests in the real
property to be acquired, such as easements, leaseholds, air
rights, life estates, and oil, gas, or mineral rights, and the
division of ownership is not of such character as to destroy the
practical unity of the property, APPRAISER shall apportion his
therein to be acquired to each separately held interest. The
report shall contain the data, analyses, and reasoning by which
APPRAISER made the apportionment. If the "unit rule" is regarded
as not applicable because the division of ownership is such as to
diminish the fair market value of the property as a whole, the
separate interests involved shall be appraised separately.
b. owner -occupant in a Multifamily or Mixed -
Use Pro ert
If the property is a multifamily or mixed -use
(residential and nonresidential) property and the owner of a
compensable interest therein, as defined in the next sentence,
occupies a dwelling in the property, APPRAISER shall furnish an
apportionment of the estimate of the fair market value of the
whole property to such dwelling, or to each such owner occupied
dwelling if more than one, and to the remainder.of the property.
For the purpose of this paragraph, an occupant of a dwelling
shall be considered to own a compensable interest in the property
if he holds fee title, a life estate, a 99--year lease, or a lease
with not less than 50 years to run from the date of valuation, or
holds an interest in a cooperative housing project which includes
the right of occupancy of a dwelling unity therein, or is the
contract purchaser of any of the foregoing estates or interests,
or has a lease -hold interest with option to purchase.
APPRAISER'S report shall explain how such apportionment was made
and the rationale therefor.
C. Loss of Goodwill
If City has requested APPRAISER to appraise the loss of
goodwill to a business enterprise resulting from CITYOS
acquisition, APPRAISER shall include in the appraisal report, or
in any other appraisal report submitted to CITY where such
appraisal is made after the appraisal report described above is
submitted to CITY, the following:
(1) APPRAISER'S estimate of the goodwill value of the
business including the figures and calculations upon which such
estimate is based.
(2) The availability of alternative sites upon which
the business could be relocated.
(3) The estimated loss in goodwill value to the
business enterprise resulting in operating at an alternative
site, or of closing the business when no alternative sites are
feasible.
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(4) The amount of relocation payments or other
payments which will be made by CITY to the business operator
which will offset the goodwill loss which the business operator
would otherwise suffer.
(5) APPRAISER'S final determination of the value of
the loss of goodwill resulting to the business.
II. ASSISTANCE,_ DATA AND INFORMATION TO BE
PROVIDED BY CITY
City agrees to furnish the following:
A. Parcel Map
A map or plat, based on official records, of the property
listed on "Exhibit All showing the boundaries and dimensions of
the parcels to be appraised. Each parcel shall be designated by
number, and the parcel number shown on APPRAISER'S reports shall
correspond to the parcel numbers shown on the map or plat, except
that additional parcel numbers may be assigned by APPRAISER for
easements appraised separately or for additional parcels revealed
while making the appraisals.
B. Ownership Data
An ownership data report for each parcel, which report shall
show all estates and interests in the parcel as shown of record
but shall not be assumed to define the interest to be appraised
or any separation of interests for appraisal purposes. The
ownership data report on each parcel as shown on the parcel map
shall include:
1. The name (and, if know or shown of record, the
address) of the ostensible owner as it appears of record;
2. The legal description of the parcel as shown by
the conveyance or conveyances or other instrument by which the
record owner acquired title;
3. Identification of the conveyance or conveyances,
or other instrument by which the present owners of the real
property acquired title, including: the date thereof, the date,
book and page numbers, and place of recordation; the name (and,
if known or shown of record, the address) of the grantor of such
conveyance; the amount of any mortgages or encumbrances placed of
record or to which title was subject at time of conveyance (so
far as determinable from an examination of such conveyance).
4. Outstanding estates and other rights or interest
of record, including easements, use restrictions, mineral rights,
leases, and any known, but unrecorded, interests of other
parties.
C. Legal Advice
Advice, upon request of APPRAISER, on legal matters
affecting the appraisal of any property to be appraised.
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III. COMPENSATION AND METHOD OF PAYMENT
In consideration of the undertakings and agreements on the
part of APPRAISER to be done and performed as contained in this
Agreement, CITY agrees to pay to APPRAISER upon completion by
APPRAISER of services to be provided hereunder and the submission
to CITY of properly certified invoices therefor, a fee determined
as follows:
1. For appraisal services and reports furnished by
APPRAISER in accordance with Article I., D., 1., hereof and
accepted by CITY, and for all other services furnished in
accordance with Article I., D., hereof, except services furnished
in connection with judicial proceedings as provided in Article
I., D., 5., hereof and the updating of appraisals as provided in
Article I., D., 6., hereof, CITY agrees to pay APPRAISER the sum
of Seven Thousand Five Hundred dollars ( $7,500.00). APPRAISER
shall be paid for valuation for goodwill, if APPRAISER actually
values the goodwill loss pursuant to direction of CITY at the
hourly rate specified in subparagraph 2 below but in no event to
exceed the total sum of Ten Thousand dollars ( $10,000.00), for
all services rendered in connection with this agreement.
2. For services furnished by APPRAISER in connection
with judicial proceedings as provided in Article I., D., 5.,
hereof, (except services as an expert witness in such a
proceeding), for the updating of appraisals as provided in
Article I., D., 6., hereof, dollars ("
per hour actually engaged in performing the services, including
travel time, portions of hours to be prorated. Any and all
expenses of APPRAISER, including, but not by way of limitation,
travel expenses and subsistence, shall be borne by APPRAISER.
3. For services as an expert witness for CITY in
judicial proceedings as provided in Article I., D., 5., hereof,
with respect to any property appraised by APPRAISER pursuant to
this agreement, the sum of dollars ($ ) for each full
day's attendance in court. In the event such attendance shall be
one-half day or less, compensation shall be made at the rate of
dollars ($ <c)
IV. TERMS AND CONDITIONS
A. Representations and Agreements of APPRAISER
As an inducement to the execution of this agreement by
CITY and in consideration of the agreements to be performed by
CITY, APPRAISER represents and agrees that:
1. Qualifications
APPRAISER is qualified to perform the services to be
furnished under this agreement and is duly authorized or
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permitted by or under law to perform such services, and all
personnel engaged in the work shall be so qualified and
authorized or permitted to do the work they perform on behalf of
APPRAISER.
2. Solicitation or Procurement of Agreement
APPRAISER has not employed any person to solicit or procure
this agreement and has not made, and will not make, any payment
or any agreement for the payment of any commission, percentage,
brokerage, contingent fee, or other compensation in connection
with the procurement of this agreement.
3. Interest of APPRAISER and APPRAISER'S Employees
APPRAISER does not have any interest (including that of real
estate agent or broker), direct or indirect, present or
prospective, in any property listed in "Exhibit All hereof or in
the sale thereof, or any other interest, whether or not in
connection with said property, which would conflict in any manner
or degree with the performance of the services and the submission
of impartial reports, and has not employed and will do employ, in
connection with the services to be furnished hereunder, any
person having any such interest, and until such property is
acquired by CITY or excluded from its project or projects by
resolution of its governing body, APPRAISER and all employees of
APPRAISER, so long as they are employed by APPRAISER, will not
acquire any such interests and will not, for their own account or
for other than CITY, negotiate for any said property, perform
services in connection with said property, or testify voluntarily
as a witness in a condemnation or other proceeding with respect
to such property.
4. Services to be Confidential; Conflict of Interest
All services, including reports, opinions, and information,
to be furnished under this agreement are confidential and shall
not be divulged, in whole or in part, to any person, other than
to duly authorized representatives of CITY, without prior written
approval of CITY, except by testimony under oath in a judicial
proceeding or as otherwise required by law. APPRAISER shall take
all necessary steps to ensure that no member of his staff or
organization divulges any information concerning such appraisals
or services, except as provided above. For the duration of this
agreement, APPRAISER will not act as a consultant or perform
services of any kind for any person or entity other than CITY or
the City of Santa Ana in regard to the Project without the prior
written consent of CITY.
5. Facilities and Personnel
APPRAISER has and will continue to have proper facilities
and personnel to perform the services and work agreed to be
performed hereunder. If APPRAISER proposes to employ any person
or persons to make any appraisals of machinery and equipment or
other specialized elements or attributes of a property appraised
under this agreement, the employment of such person or persons
for such purpose shall not place CITY under any obligation to
such employee, nor relieve APPRAISER of full responsibility for
the faithful performance of the services to be furnished
hereunder.
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6. E ual Em to ment opportunity
During the performance of this agreement:
a. APPRAISER will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. APPRAISER shall take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Soh
action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship. APPRAISER agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by CITY setting forth the
provisions of this nondiscrimination clause.
b. APPRAISER shall, in all solicitations or
advertisements for employees placed by or on behalf of APPRAISER,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
c. APPRAISER is encouraged by CITY to employ qualified
people, when available, from the Project Area to assist in
providing the services contracted for in this agreement.
7. Assignment
APPRAISER'S rights, obligations, and duties under this
agreement shall not be assigned in whole or in part, but this
shall not prohibit the assignment of the proceeds due or to
become due hereunder to a bank or financial institution. This
agreement may be assigned by CITY to any corporation, agency or
instrumentality having authority to accept the assignment.
8. Subcontracting
Except as otherwise provided in this agreement, none of the
work or services covered by this agreement shall be subcontracted
without the prior approval of CITY.
B. TERMINATION OF SERVICES
1. Termination of Agreement for Cause
If, through any cause, APPRAISER shall fail to fulfill in a
timely and proper manner his obligations under this agreement, or
if APPRAISER shall violate any of the covenants or agreements
hereof, CITY may upon written notice to APPRAISER terminate the
right of APPRAISER to proceed under this agreement or with such
part or parts thereof as to which there has been default, and may
hold APPRAISER liable for any damages caused to CITY by reason of
such default and termination. In the event of such termination,
any completed reports prepared by APPRAISER under this agreement
shall, at the option of CITY, become its property and APPRAISER
shall be entitled to receive equitable compensation for any work
completed to the satisfaction of CITY. APPRAISER, however, shall
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not thereby be relieved of liability to CITY for damages
sustained by CITY by reason of any breach of this agreement by
APPRAISER and CITY may withhold any payments from APPRAISER for
the purpose of offset until such time as the amount of damages
due CITY from APPRAISER is determined. APPRAISER shall not be
held liable for damages under this article solely for reasons of
delay if the delay is due to causes beyond the control and
without the fault or negligence of APPRAISER, but this.sliall not
prevent CITY from terminating this agreement because of such
delay.
C. CORRECTION OF WORK
1. Periodic inspection of all work shall be made by a
representative of CITY for the purpose of determining if the work
is being performed accurately, and is in accordance with the
provisions of this Agreement. Upon discovery of any incomplete
data, inaccurate or defective work, APPRAISER shall make
corrections at once.
2. The performance of services or acceptance of the
appraisal reports required hereunder shall not relieve APPRAISER
from the obligation to correct any defective work subsequently
discovered, and all incomplete, inaccurate, or defective work
shall be remedied by APPRAISER on demand without cost to CITY.
D. INTEREST OF FEDERAL OFFICIALS
No member of or Delegate to the Congress of the United
States of America, or no Resident Commissioner, shall be admitted
to any share or part of this agreement or to any benefit to arise
from the same.
E. HOLD HARMLESS
1. APPRAISER shall indemnify and save harmless CITY,
its officers and employees, from and against any and all damages
to property or injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall
defend, indemnify and save harmless CITY, its officers and
employees, for any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of
limitation, workers' compensation claims, resulting from or
arising out of the negligent acts, errors or omissions of
APPRAISER, his employees, or subcontractors.
2. APPRAISER shall indemnify and save harmless CITY,
its officers and employees, from and against any and all damages
to property or injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall
defend, indemnify and save harmless CITY, its officers and
employees, from and against any and all claims, demands, suits,
actions or proceedings therefor, resulting from or arising out of
the intentional or malicious acts of APPRAISER, his employees or
subcontractors.
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F. INSURANCE
APPRAISER shall obtain at his sole cost and file with
the Clerk of the Council of the CITY, prior to exercising any
right or performing any obligation pursuant to this Agreement,
and maintain for the period covered by this Agreement, a policy
or policies of liability insurance or certificate of such
insurance, satisfactory to the City Attorney for the CITY, naming
the CITY, its officer, agents and employees, as insured or
additional insured, which provides coverage not less than that
provided in the form of a comprehensive general liability
insurance policy against liability for any and all claims and
suits for damages or injuries to persons or property resulting
from or arising our of operations of APPRAISER, his officers,
agents or employees. Said policy or policies of insurance shall
provide coverage for both bodily injury and property damage in
not less than the following minimum amounts: Five Hundred
Thousand Dollars ($500,000) combined single limit; or bodily
injury, Two Hundred Fifty Thousand Dollars ($250,000) per person
and Five Hundred Thousand Dollars ($500,000) each occurrence;
property damage, One Hundred Thousand Dollars ($100,000) each
occurrence and Tow Hundred Thousand Dollars *($200,000) aggregate.
Said policy or policies shall also contain a provision that no
termination, cancellation or change of coverage or of insured or
additional insured shall be effective until after thirty (30)
days notice thereof has been given in writing to the CITY.
APPRAISER shall give the CITY prompt and timely notice of claim
made or suit instituted arising out of APPRAISER'S operations
hereunder. APPRAISER shall procure and maintain, at his own cost
and expense, any additional kinds and amounts of insurance which,
in his own judgment, may be necessary for his proper protection
in the prosecution of the work.
G. WORKER'S COMPENSATION INSURANCE
If APPRAISER, now or at any time during the course
of this agreement, qualifies as an employer under Labor Code
Section 3300, unless the hired employee(s) come (s) within those
persons excluded under the Labor Code, APPRAISER shall furnish
CITY with an insurance certificate from his worker's compensation
insurance carrier certifying that he carries such insurance, and
that policy shall not be canceled nor the coverage reduced except
upon thirty (30) days prior written notice to CITY.
H. NOTICES
All notices given or made to APPRAISER hereunder
shall be deemed to be duly and properly given or made if
delivered personally to APPRAISER or mailed to the following
address:
HARRY B. HOLZHAUER & ASSOCIATES
_17632 IRVINE BOULEVARD, SUIT_E_L_
TUSTIN, CA. 92680-3159
ATTN: HARRY B. HOLZHAUER
-15-
All notices or other papers given or delivered to
CITY hereunder shall be deemed to be sufficiently given or
delivered if mailed, postage prepaid, to The City of Santa Ana,
Community Development Agency, M-25, 20 Civic Center Plaza, Santa
Ana, California 92701 or to such other representative or address
as the CITY may designate to APPRAISER in writing.
I. GENDER AND NUMBER
As used herein, the masculine shall include the
feminine and neuter, and the singular shall include the plural.
IN WITNESS WHEREOF, the parties hereto have
executed this agreement as of the date first hereinabove set
forth.
HARRY B. HOLZHAUER & ASSOC. The appraisal will be developed and the
appraisal report will be prepared in
conformity with and subject to the
requirements of the Code of Ethics
and The Standards of Professional
Practice of the Appraisal Institute.
HARRY OLZHAUER
UVW#51�10
AC. GUY -7
Y CLERK
.............
EDWARD J C OP
CITY ATTORNEY
THE CITY OF SANTA ANA
9: � L =- -=t z--
4)AVID N. REAM
CITY MANAGER
APPROVED AS TO CONTENT:
EXHIBIT A
Assessor Parcel Number
001-303-01
001-051-16
001-051-17
001-051-18
001-051-19
Tvpe . of -Take
Part
Full
Full
Full
Full