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HomeMy WebLinkAbout1975-02 CRA :. , . . . JÞ . . . ~ . ~~~~5 RESOLUTION NO, 75- 2 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH JAMES M. HICKS FOR TECHNICAL REAL ESTATE SERVICES WHEREAS, the Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as "AGENCY") has the need for technical assistance in real estate matters; and WHEREAS, the AGENCY desires to obtain the services of a contractor to give technical assistance to the Redevelop- ment Agency in such real estate matters; and WHEREAS, James M. Hicks represents that he is authorized and qualified to provide such services for the AGENCY; NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Santa Ana hereby approves the agreement for the real estate technical services of James M. Hicks, which agreement is attached hereto and referred to as Exhibit "A", and authorizes the chairman of the AGENCY to exe- cute said agreement on behalf of the AGENCY. APPROVED AND ADOPTED this / , 1975. VERNON S, EVANS, Chairman APPROVED AS TO FORM: I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a meeting thereof, held on the ~ day of ~ , 1975, by the following vote, to wi t: <S AYES, NOES, Members: Markel, Garthe, Ward, Griset, Evans, Bricken Yamamoto Members: None ABSENT, Members: None ATTEST: /@~~ Richard Goblirsch, Ex cutive Director ~ßru..--- ~ .lJ.lo. t. ..-..- Florence I. Malone, Recording Secretary " . . . . . . f . . '. ' A G R E E MEN T . 3 rJ THIS AGREEMENT executed thlS ---- day Of~~, 1975, at Santa Ana, Orange County, California, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic, (hereinafter referred to as the "Agency",) and JAMES M. HICKS, (hereinafter referred to as "Con- tractor"). WIT N E SSE T H ---------- WHEREAS, the Agency desires to engage the Contractor to assist in carrying out property acquisition and disposition programs, and developing and implementing a marketing program for the Agency, as well as other incidental services; and WHEREAS, the Contractor represents that he is qualified to perform such services for the Agency; NOW, THEREFORE, the Agency and the Contractor do agree as follows: 1. Employment of Contractor: The Agency hereby engages the Contractor, and the Contractor agrees to perform the services hereinafter set forth. 2. Scope of Services: The Contractor shall assist the Agency as directed by the Executive Director of the Agency in plan- ning and accomplishing the acquisition and disposition of parcels of real property in fullfilment of the Agency's program. The Con- tractor shall, under the direction of the Executive Director of the Agency, plan and implement a land-marketing program for the Agency. The Contractor shall provide relocation and property management services as required by the acquisition program of the Agency. to: The Contractor's duties shall include but not be limited A. Working with the agency in the preparation of the property for acquisition and disposition, including the fol- lowing services: .' . . . . . ~ . . ". ( 1 ) (2) (3) (4) Securing Title Reports Eliminating exceptions to titles. Eliminating other impediments to sale. Seeking appraisal services and coordinat- ing day to day contact with the appraisal company. (5) property. Conducting negotiations for acquisition of B. Working with the Agency in planning and imple- mentation of land-marketing programs, including the following services: (1) Stimulating and maintaining buyer in- terest in redevelopment land, (2 ) ( 3) Discussing sales conditions. Preparing disposition packages for de- velopers and proposing selection criteria for evaluation of dis- position proposals. ( 4) criptions, (5 ) (6 ) Preparing necessary documents and des- Drafting and sending written communications. Seeking purchases and negotiating with purchasers to the consummation of the disposition agreement. C. Working with the Agency in the consummation of disposition sales agreements including the following services: (1) Negotiating financial terms. (2) Negotiating performance times. (3) Negotiating pe rfo rmance quality. D. Working with the Agency in conforming acquisi- tion and disposition procedure to the Health and Safety Code and Redevelopment Plan requirements including preparation of records and documentation. E. Working with the Agency in relocation and pro- perty management activities as developed from acquisition activities. ( 1 ) (2 ) Explain relocation benefits. Assist displacees in relocation as required - 2 - I < . . . . . ~ . . - by the Redevelopment Plan and California Relocation Act. ( 3) Provide property management services as required, F. Perform other related duties as the Executive Director shall prescribe from time to time. 3. Ownership of Documents: All reports, data, plans, materials, and documents, submitted to fulfill this Agreement, are the sole and exclusive property of the Agency, and as such shall not be shown or used by Contractor without the written con- sent of the Agency. 4, Assignability: Neither this Agreement nor any du- ties or obligations hereunder shall be assignable by the Contractor without the prior written consent of the Agency. 5. Liability: It is the intention of the parties that Contractor is an independent Contractor and not an employee of the Agency under this Agreement, Therefore, Contractor further in- demnifies and holds the Agency harmless from any and all claims arising out of the performance of his duties under this Agreement. 6. Conflict of Interest: For the duration of this Agreement, the Contractor will not act as consultant or perform services of any kind for any person or entity other than the Agency or the City of Santa Ana in regard to the duties hereunder without the prior written consent of the Agency. 7, Equal Employment Opportunity--Affirmative Action: During the performance of this Agreement, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affir- mative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrad- - 3 - " ".. . . . . . . . . ing, demotion or transfer; recruitment or recruitment advertis- ing; layoff or termination; rates of payor other forms of com- pensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the Agency setting forth the provisions of this non- discrimination clause, B. The Contractor will, in all solicitations and advertisements for employees placed by or on behalf of the Con- tractor, state that all qualified applicants will receive consi- deration for employment without regard to race, color, religion, sex or national origin. C. The Contractor will cause the foregoing pro- visions to be inserted in all sub-contracts for any work covered by this Agreement so that said provisions will be binding upon each sub-contractor, provided that the foregoing provisions shall not apply to contracts or sub-contracts for standard commercial supplies or raw materials. 8. Sub-Contracting: None of the services covered by this Agreement shall be sub-contracted without the prior written consent of the Agency, 9. Supplies and Materials: The Agency shall furnish information and material available at its office, and shall fur- nish office space, equipment and services in Santa Ana within its regular administration. 10, Performance: The services of the Contractor are to commence upon receipt of notice to proceed, and are to be per- formed as requested until terminated in writing by either party. 11. Compensation: The Contractor shall receive compen- sation in the amount of Twenty Two Thousand Dollars ($22,000.00) per year or Eighteen Hundred and Thirty-Three Dollars ($1833.00) per month payable on the 5th and 20th of each month, and shall receive reimbursement for out of town travel expenditures autho- rized by the Executive Director incurred in performing his duties - 4 - r .. .' ~ : ! ~ ..., " . . . . . ~ . . under this Agreement. The Contractor will not receive any other benefits such as, but not limited to, health insurance, paid vaca- tion or sick leave, retirement or Workman's Compensation, 12. The Agency may, from time to time, request Changes: changes in the scope of services of this Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Agency and the Contractor, shall be incorporated in written amendments to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: ~~.lU~ lorence I. Malone Recording Secretary JAMES M, HICKS APPROVED AS TO FORM: !f~- / CTD:MJK:dc 1-30-75 - 5 - ...