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Lidgard & Associates / Appraisals 17taalida, GEM of the DESERT CITY OF LA QUINTA SHORT -FORM SERVICES AGREEMENT ($25,000 OR LESS) 1. PARTIES AND DATE. This Agreement is made and entered into this 25th day of May, 2017, ("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78-495 Calle Tampico, La Quinta, CA ("City") and Lidgard and Associates, Inc., a Real Estate Appraisal Firm with its principal place of business at 2592 North Santiago Boulevard, Orange, CA 92867-1862 ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreernent. 2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A". 3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B". 4. TERM. The term of this Agreement shall be from May 25, 2017 to June 30, 2017, unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement is exempt from the five (5) year limitation. 5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation exceed Two Thousand Eight Hundred Fifty Dollars ($2,850) per fiscal year (July 1 to June 30) without written amendment. 6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in their judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing. 1 7. INSURANCE. In accordance with Section 4 of Exhibit "A", Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents. Commercial General Liability Insurance: ® $1,000,000 per occurrence/$2,000,000 aggregate OR ❑ $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: ® $1,000,000 combined single limit for bodily injury and property damage. Workers' Compensation: ® Statutory Limits / Employer's Liability $1,000,000 per accident or disease. Professional Liability (Errors and Omissions): ® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF LA QUINTA B -1-471 VILLALPANDO BUSINESS ANALYST Required for over $5,000: By: NIA FRANK J SPEVACEK City Manager 2 Lidgard and Associates VENDOR NAME By: Scott A. Lidaar+, Certified Gene • 'eal Estate Appraiser OWNER/OFFICER NAME OWNER/OFFICER TITLE By: OWNER/OFFICER NAME OWNER/OFFICER TITLE EXHIBIT "A" TERMS AND CONDITIONS 1. Compensation. Vendor shall be paid on a time and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and approval by the City. 2. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor shall assist the City, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. 3. Standard of Care. The Vendor shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 4. Insurance. The Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounts specified in Section 6 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), and if no amount is selected in Section 6 of the Agreement, the amounts shall be $1,000,000 per occurrence/$2,000,000 aggregate; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto); C. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease. Vendor shall also submit to City a waiver of subrogation endorsement in favor of city, and D. Professional Liability (Errors and Omissions) coverage, if checked in section 6 of the Agreement, with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. Insurance carriers shall be authorized by the Department of Insurance, State of California, to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A"; "Class VII" according to 26529,00000\9101737 2 A-1 the latest Best Key Rating unless otherwise approved by the City. 5. Indemnification. The Vendor shall indemnify and hold harmless the City, its Council, members of the Council, agents and employees of the City, against any and all claims, liabilities, expenses or damages, including responsible attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Vendor or subcontractor for wages or benefits which arise in connection with the performance of this Agreement, except to the extent caused or resulting from the active negligence or willful misconduct of the City, its Council, members of the Council, agents and employees of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action. 6. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 7. Termination. The City may terminate the services procured under this Agreement by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to any original field notes, drawings and specifications, written reports and other documents produced or developed for the services. The City shall pay Vendor the reasonable value of services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide services under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the Agreement. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. The individuals signing this 26529.00000\9101737 2 A-2 Agreement represent that they have the authority to sign on behalf of the parties and bind the parties to this Agreement. This is an integrated Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. EXHIBIT "B" SCOPE AND SCHEDULE OF SERVICES B-1 May 24, 2017 Gilbert Villalpando Business Analyst City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Subject Land Value Study City -Owned Property APN: 660-020-053 La Quinta, California Dear Mr. Villalpando: 2592 North Santiago Boulevard Orange, California 92867-1862 (714) 633-8441 or (562) 988-2926 scott@lidgardinc.corn I appreciate the opportunity of submitting this proposal for professional real estate appraisal services pertaining to the above -referenced property. The scope of our services will include (1) an on-site field inspection of the subject property from the adjacent right-of-way, (2) a review of public records, particularly with respect to the underlying zone and general plan land use designation as they relate to future developability of the site, (3) the research and collection of comparable market data in the immediate and general subject market area, (4) a valuation employing applicable methodology based on an analysis of the comparable market data, and (6) preparation of a formal narrative appraisal report in summation of the activities outlined above. The purpose of the appraisal study is the estimation of market value of the unencumbered fee simple interest in the subject underlying land parcel based on its highest and best use. Market value, as defined in Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), is defined as follows: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair , sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. LIDGARD AND ASSOCIATES Real Estate Appraisal and Consultation INCORPORATED Gilbert Villalpando Business Analyst City of La Quinta May 24, 2017 Page 2 1. Buyer and seller are typically motivated,. 2 Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market, 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." The intended use of the report is to assist the City of La Quinta in potential sale negotiations with a private developer. Intended users are City officials and consultants thereof for the explicit purpose and intent indicated above. The report is not intended to be delivered to, or relied upon by, third parties. The appraisal report will comply with reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), under Standard Rule 2-2(a). The report will contain a moderate level of detail with respect to the market data, appraisal methodology, and reasoning supporting the analysis, opinions, and conclusions. It will contain sufficient information for the purpose, intent, client, and intended users for which it is written. Based on the amount of time estimated to complete the appraisal study, and formal narrative appraisal report, the fee for our services will be in the total amount of $2,850, payable upon delivery of the appraisal report. The appraisal report can be delivered electronically in PDF format via email within approximately three to four weeks following receipt of your authorization to proceed. If you are in agreement with the above terms, please sign and date a copy of this • letter -agreement, and return to our office. Please do not hesitate to contact me in the event you have any questions regarding this proposal. Very truly yo i""*"."-- Scott A. Li rd, MAI, CCIM Certified General Real Estate Appraiser California Certification No. AG 004014 SAL:sp LIDGARD AND ASSOCIATES INCORPORATED Real Estate Appraisal and Consultation Gilbert Villalpando Business Analyst City of La Quinta May 24, 2017 Page 3 I hereby authorize the firm of LIDGARD AND ASSOCIATES, INC. to perform the appraisal services referred to above. (4/ Gilbert Villalpando Date LIDGARD AND ASSOCIATES Real Estate Appraisal and Consultation INCORPORATED EXHIBIT "C" COMPENSATION FOR SERVICES Work for Services to be billed on a time and materials basis unless otherwise set forth below. All work shall be billed based on the following Rate Schedule: see Exhibit "B" c-1 ACRD CERTIFICATE OF LI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the the terns and conditions of the policy, certain policies may require an certifleate holder In lieu of such endorsements), PRODUCER Commercial Management Insurance Services Inc. CA License OD85858 22875 Savi Ranch Pkwy, Suite X Yorba Linda CA 92887 INSURED Lidgard i Associates Inc. 2592 N Santiago Blvd Orange CA 92867 COVERAGES CERTIFICATE NUMBER:17-18 BILITY INSURANCE °Are'"°"'°°""""' 3/1/2017 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES rE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(los) must be endorsed. If SUBROGATION IS WAIVED. subject to ndorsement. A statement on this certificate does not confer rights to the CONTACT Phyllis Wilcox NAf4iE: Y PRONE AEn) (714)414-1167 ]m. Noy (714)414-1195 jilAl A00REas, pwi lcox®cmia -ins . coot INSURER(B) AFPO MMHG COVERAGE NAIL e lemma A National Fire Xnaursnce of Hartford 20478 INSURER /3:continental Casualty Company 20443 INSURER C: INSURER 0 : EACH OCCURRENCE INSURER E : A noun ER F REVISION NUMBER: Ina l3 I.1litNu Iry IIMAI ME roucles OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfIIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTD NSETYPE OF INSURANCE bt ET0) 3NGITRW10 POLICY NUMBER POLICY EFF I MmorryYll POLICY EXP (wrucar eYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 A CLAIMSI,IAOE X OCCUR PREMISES acounoto0/ S 300, 000 Z 3402299039S 3/4/2017 3/4/2010 MED EXP(Anl,anopsYm) 3 10,000 PERSONAL A ADV INJURY S 2,000,000 GENL AGGREGATE UNIT APPLIES PER: —ilPOLICY F7 JECar LOC OTFHE:: GENERAL AGGREGATE S 4, 000, 000 PRODUCTS -COIMP/OPAGG S 4, 000,000 S A AUTOMOBILE X LIABILITY ANY AUTO AUTOS A1.LMANED HIRED AUTOS SCHEDULED NON -OWNED AUTOS CO/AWNED E NGLE LIMIT _an Acocleri) 3 1,000,000 BODILY INJURY (Per person) S 34023990431 3/9/2017 3/4/2018 BODILY INJURY (Per ara4enl) 3 PROPERTY DAMAGE filmdom)n (Per filmdom) S Uncured motored BI apw tail S B X UMBRELLA MB EXCESUAB z OCCUR CLAIMS -MADE EACH OCCURRENCE S 3, 000,000 AGGREGATE 3 3, 000, 000 DEO X RETENTION' 10,000 84022994526 3/4/2017 3/4/2010 A WORMERS COMPENSATION AND EMPLOYERS'LMBIUTY YIN ANY PROPRIETOWPARTNER+EXECUTNEE.L OF1Aubislo N �E%CWOED7 nNIA Dyo� dracrlle vridirr o 56RIPT10N OF OPERATIONS bola& f r IC 1 MUTE ! ERH. EACH ACCIDENT S 1,000,000 y NC422999476 3/4/2017 3/4/2010 E.LDISEASE -EAEMPL 3 1,000,000 EL DISEASE - POLICY LIMNT 1 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Salvedulo, mry bo attached U more 'mob rogI rod) CERTIFICATE HOLDER I8 NAMED AS ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO GZN RAL LIABLITY AS PER THE ATTACHED 8B146935 -C 06/11. WAIVER OF SUBROGATION AS RESPECTS TO WORKERS COMPENSATION APPLIES AS PEE THE ATTACHED G-19160-8 11 97. CERTIF[CATE HOLDER CANCELLATION CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE Michael Wakely/PHYLL ACORD 26 (2014101) INS025 (201401) ®1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA SB -146935-C (Ed. 06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM A. Paragraph C. WHO IS AN INSURED is amended to C. include as an additional insured: 1. Any person or organization whom you are required by written contract to add as an additional insured on the Businessowners Liability Coverage Form. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the written contract; or c. "Your work" thal is specified in the written contract but only for "bodily injury" or 'property damage" included In the products completed operations hazard, and only if : (1) The written contract requires you to provide the additional insured such coverage; and (2) This Coverage Form provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the written contract; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional Insured, whether on a primary, excess, contingent or any other basis. But if required by the written contract, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. SB -146935-C (Ed. 06111) D. The insurance provided to the additional insured does not apply to °bodily Injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily Injury,' "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to This Policy. Section E. of the Businessowners General Liability Conditions is amended as follows: The Duties In the Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or 'suit" that does result; b. Tender the defense and indemnity of any claim or "suit" 10 any other insurer or self insurer whose policy or program applies to all Toss we cover under this Policy; c. Except as provided in Paragraph B.3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Policy; and d. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit." We have no duty to defend or indemnify an additional insured under this endorsement until we Page 1 of 3 CNA receive from the additional Insured written notice of a claim or "suit" E. With respect only to the Insurance provided by this J. endorsement, the first sentence of Paragraph H.1. Other Insurance Condition in the Businessowners Common Policy Conditions, is deleted and replaced with the following: Other Insurance 1. This insurance is primary and non-contributory except when rendered excess by this endorsement, or when Paragraph 2. below applies. F. The provisions of the written contract or written agreement do not in any way broaden or amend this Policy. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against: 1. Any person or organization with whom you have a written contract that requires such a waiver. H. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence, offense, claim or "suit` is known to: 1. You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; (4) Any 'executive officer or insurance manager, if you or an additional insured Is a corporation; Any trustee, If you or an additional insured is a trust; or Any elected or appointed official, if you or an additional insured Is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. I. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. 'Bodily Injury is deleted and replaced with the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by SB -146935-C (Ed. 06/11) (3) (5) (6) SB -146935-C (Ed. 06/11) that person at any time which results as a consequence of the bodily injury, sickness or disease. Expanded Personal and Advertising Injury Definition A. The following Is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirecUy related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 8. The following is added to Exclusions, Section B.: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. D. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies Page 2 of 3 SNA committed by or on behalf of its owner, landlord or lessor. SB -146935-C (Ed. 06111) SB -146935-C (Ed. 08!11) Page 3 of 3 CNA 1 Workers Compensation And Employers Liability Insurance Policy Entlnlsctn:wlt: BLANKET WAVER OF OJf PaC;-I1 TO RECOVER FROM OTHER j ,; This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-6 111-1997) Policy No: WC 4 22996476 Endorsement Effective Date: Endorsement Expiration Data: Policy Effective Date: 03/04/2017 Endorsement No: 2; Page: 1 of 1 Policy Pago: 14 01 22 Underwriting Company: National Fire Insurance Company o1 Hartford, 333 S Wabash Ave, Chicago, IL 60604 ° Copyright CNA All Rights Reserved. GEM of the DESERT CITY OF LA QUINTA SHORT -FORM SERVICES AGREEMENT ($25,000 OR LESS) 1. PARTIES AND DATE. This Agreement is made and entered into this 20th day of October, 2017, ("Effective Date") by andbetween the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78-495 Calle Tampico, La Quinta, CA ("City") and Lidgard and Associates, Inc. a Real Estate Appraisal Firm, with its principal place of business at 2592 North Santiago Boulevard, Orange, CA 92867-1862 ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A." 3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B." 4. TERM. The term of this Agreement shall be from October 20, 2017 to November 20, 2017, unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement is exempt from the five (5) year limitation. 5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation exceed Three Thousand Four Hundred and Fifty Dollars ($3,450) per fiscal year (July 1 to June 30) without written amendment. 6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in their judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing. 1 7. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents. Commercial General Liability Insurance: ® $1,000,000 per occurrence/$2,000,000 aggregate OR ❑ $2,000,000 per occurrence/$4,000,000 aggregate. ❑ Additional Insured Endorsement naming City of La Quinta (above) ❑ Primary and Non -Contributory Endorsement Automobile Liability: ® $1,000,000 combined single limit for bodily injury and property damage. Workers' Compensation: ®. Statutory Limits / Employer's Liability $1,000,000 per accident or disease. ❑ Workers' Compensation Endorsement with Waiver of Subrogation Professional Liability (Errors and Omissions): ® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF LA QUINTA LIDGARD & ASSOCIATES, INC. - By: Gilbert Villalpando Scott A. Lidgard Business Analyst Certified Real Estate Appraiser Required for over $5,000: By: N/A Frank J. Spevacek 2 7. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers, officials, employees and agents. Commercial General Liability Insurance: ® $1,000,000 per occurrence/$2,000,000 aggregate OR $2,000,000 per occurrence/$4,000,000 aggregate. Additional Insured Endorsement naming City of La Quinta (above) Primary and Non -Contributory Endorsement Automobile Liability: ® $1,000,000 combined single limit for bodily injury and property damage. Workers' Compensation: ® Statutory Limits / Employer's Liability $1,000,000 per accident or disease. ® Workers' Compensation Endorsement with Waiver of Subrogation Professional Liability (Errors and Omissions): ® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF LA QUINTA LIDGARD & ASSOCIATES, INC. Gilbert Villalpando t A. idgard Business Analyst Certified Real Estate Appraiser Required for over $5,000: By: N/A Frank J. Spevacek 2 EXHIBIT "A" TERMS AND CONDITIONS 1. Compensation. Vendor shall be paid on a time and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and approval by the City. 2. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor shall assist the City, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. 3. Standard of Care. The Vendor shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 4. Insurance. The Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounts specified in Section 6 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), and if no amount is selected in Section 6 of the Agreement, the amounts shall be $1,000,000 per occurrence/$2,000,000 aggregate; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto); C. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease. Vendor shall also submit to City a waiver of subrogation endorsement in favor of city, and D. Professional Liability (Errors and Omissions) coverage, if checked in section 6 of the Agreement, with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. Insurance carriers shall be authorized by the Department of Insurance, State of California, to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A"; "Class VII" according to 26529.00000\9101737.2 A-1 the latest Best Key Rating unless otherwise approved by the City. 5. Indemnification. The Vendor shall indemnify and hold harmless the City, its Council, members of the Council, agents and employees of the City, against any and all claims, liabilities, expenses or damages, including responsible attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Vendor or subcontractor for wages or benefits which arise in connection with the performance of this Agreement, except to the extent caused or resulting from the active negligence or willful misconduct of the City, its Council, members of the Council, agents and employees of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action. 6. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 7. Termination. The City may terminate the services procured under this Agreement by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to any original field notes, drawings and specifications, written reports and other documents produced or developed for the services. The City shall pay Vendor the reasonable value of services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide services under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the Agreement. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. The individuals signing this 26529.00000\9101737.2 A-2 Agreement represent that they have the authority to sign on behalf of the parties and bind the parties to this Agreement. This is an integrated Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. EXHIBIT "B" SCOPE AND SCHEDULE OF SERVICES B-1 1 October 19, 2017 Angela Ferreira Management Specialist City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Subject Restricted Appraisal Study Former Sam's Club Retail Development 79315 Highway 111 APNs: 600-020-028, 029, and 600-340-002, 003, 023, 028 La Quinta, California Dear Ms. Ferreira: 2592 North Santiago Boulevard Orange, California 92867-1862 (714) 633-8441 or (562) 988-2926 scott@lidgardinc.com I appreciate the opportunity of submitting this proposal for professional real estate appraisal services pertaining to the above -referenced property. It is understood that the City of La Quinta is investigating the budgetary and financial feasibility of acquiring the development from the private property owner. The scope of our services will include (1) a field inspection of the subject property from the adjacent rights-of-way, (2) a review of public records particularly with respect to the zoning and general plan land use designations regarding future utility of the property, (3) the research and collection of comparable market data in the immediate and general subject market area, (4) a valuation employing applicable methodology based on an analysis of the comparable market data, and (5) preparation of a letter of findings in summation of the activities outlined above. The purpose of the appraisal study is the estimation of market value of the unencumbered fee simple interest in the subject property as presently improved with the former "big box" retail development. Market value is defined in The California Code of Civil Procedure, §1263.320, as: "(A) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and ab/e to buy but under no particular necessity for so doing, each dealing with the other with full know/edge of all the uses and purposes for which the property is reasonably adaptable and available. LIDGARD AND ASSOCIATES Real Estate Appraisal and Consultation INCORPORATED Angela Ferreira Management Specialist City of La Quinta October 19, 2017 Page 2 (B) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable." The intended use of the study is to assist the City of La Quinta in a budgetary and financial feasibility study regarding the potential purchase of the property. Intended users are City officials, along with consultants thereof, for the explicit purpose and intent indicated above. The restricted report is not intended to be delivered to, or relied upon by, third parties. The appraisal report will comply with reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), under Standard Rule 2-2(b). The market data, appraisal methodology, and reasoning supporting the analysis, opinions and conclusions will be included therein by reference only. The rationale regarding the opinions and conclusions may not be understood properly without additional information from the appraiser's work file. The report will contain sufficient information for the purpose, intent, client, and intended users for which it is written. Based on the amount of time estimated to complete the appraisal study, and restricted appraisal report, the fee for our services will be in the total amount of $3,450, payable upon delivery of the restricted report. The report can be delivered electronically in PDF format via email within approximately one week following receipt of your authorization to proceed. If you are in agreement with the above terms, please sign and date a copy of this letter -agreement, and return to our office. Please do not hesitate to contact me in the event you have any questions regarding this proposal. Very truly yours, LIDGARD AND ASSOCIAT Scott A. Lid, MAI, CCIM Certified General Real Estate Appraiser California Certification No. AG 004014 SAL:sp LIDGARD AND ASSOCIATES Real Estate Appraisal and Consultation tNUOL OI A'!1H) Angela Ferreira Management Specialist City of La Quinta October 19, 2017 Page 2 I hereby authorize the firm of LIDGARD AND ASSOCIATES, INC. to perform the appraisal services referred to above.. Angela Ferreira ,-s< ✓: I(el?•��na Date r LIDGARD AND ASSOCIATES .Real Estate Appraisal and Cvnsultatr"un IN CORPORATE D EXHIBIT "C" COMPENSATION FOR SERVICES Work for Services to be billed on a time and materials basis unless otherwise set forth below. All work shall be billed based on the following Rate Schedule: see Exhibit "B" B-1