HomeMy WebLinkAboutResolution 90-066 N.C.S. 03/05/19901
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Apprfved as to
Council of the City of Petaluma at a (Regular) (A~#,~~~~(~pt) meeting
r
on the .........~~~.......... day of ..........................1ls~z.~h...................., 19..-90, by the f ~
following vote: ~/~~
~ City Att rney
AYES: Tencer, Woolsey, Balsahw, Davis, Cavanagh Mayor Pro Tem
NOES : 0
ABSENT: V ce Ma Mayor Hilligoss
ATTEST : .. ................ ..... -. ~~i~L~:-:.-.
ity Clerk
Council File...---°---.....------°--...-....
CA ]0-55 Ftes. No.......9.0-..6.6......... N.C.S.
Resolution No. 90-66 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AGREEMENT FOR
RIGHT-OF-WAY APPRAISAL SERVICES
ASSESSMENT DISTRICT N0.21
CORONA/ELY ASSESSMENT DISTRICT
CITY OF PETALUMA, COUNTY OF SONOMA
STATE OF CALIFORNIA
THE CITY COUNCIL OF THE CITY OF PETALUMA RESOLVES:
This Council approves that certain agreement, attached Exhibit "A", between the CITY OF
PETALUMA and CROCKER-HORNSBY, for services of that firm as .Right-of-Way
Appraiser for Assessment District No. 21, Corona/Ely Assessment District, City of
Petaluma, County of Sonoma, State of California, attached to this resolution.
The City Manager is authorized to sign the agreement and the City Clerk is authorized to
attest its execution.
hornsby /council
----------- ---------- ~--- Z~-~~s-~--`--....~- ~--------
May r ro Tem /
CRCXKfR
t~nsar
February 5, 1990
Thomas Hargis, P.E.
City Engineer
City of Petaluma
11 English Street
Petaluma, CA 94952=2610
RE: Proposal for Appraisal Services
Corona=Ely Assessment District
Dear Mr. Hargis:..
~~UU~
REGEIUED FEQ 6 1990
ROI1fllDJ.CROCI(fR.SRDfl.Mfll
GfOffRY f.110RnSbY: SRPfl,Mfll
At the request of MacKay and Somps, Ism pleased to :furnish a proposal .for appraisal services in connection
with the widening of Ely Road -and the formation of the Corona Ely assessment district It is my
understanding .that the partial• ake for road widening will involve the valuation of 20 sites, nine of which are
not owned by developers necessitating negotiations in order to consummate an agreement to acquire the land.
It is also my understanding that one parcel, currently unproved with a building, will be acquired as a full take.
The appraisal for the formation of the assessment district will involve 'the valuation of 15 parcels and will
assume that all the- street and utility improvements have been completed..
Assessor's Parcel Numbers: for each of the properties to be appraised are listed on the attached tables.
Ia analyzing the Specific -Plan for the subject area of Petaluma; it appears that there are Five different zoning
categories foi which comparable .market data must be researched. In addition, it will also be necessary to
research and confirm different types of sales data for each of the two appraisals; i.e., land undevelopable due
to a lack of utilities and. eland with utilities; ready for development. -
The fees for these .services. will be .$40;000.. The assignment can be started. within 21 days and completed
within 45 to 60 days following' your acceptance. It is assumed. that legal. descriptions,; surveys and title reports
will be available prior to 'the commencement of work. and that the, partial,;take will not, result in damage to
the remainder. It is also assumed that- individual appraisal reports for each, property will be required for the
road widening: appraisals and' that. the appraisal for the valuation after completion can be incorporated in the
report. -Any additional work outside the scope of this agreement will be .billed at the rate of $95:00 per hour.
I look forward to the opportunity to be of service to you. If `T can provide additional' information, please do
not hesitate to contact me.
GFH:Iss
cc: Jon Anderson; Mackay and Somps
~~_ ~
819 1tlIRD SRlfi/Sflnifl QOSfl. CflIIfORnlfl 95404/101-575-1171
APPRAISAL NUMBER 1
Valuation for 'Partial Take
Assessor's Parcel Number' Use: Density' (Per Acrel
136-080=07 R , 52
136-080-0.1 ~ R 2.5 &: 52
I3"6-120-T1 R 2.52
°136-120-10 R 2.5 & 5
136=120-09 ~ R 2.5 & .5'
136-120-15 _ R 2.5 & 5
13:6-120-:18 ~ R ~ 5
136-120-23' ~ ~R; 2.5 & 5 .
13;6-120-22 R 2:5 &: ~5
..136-120-21 R - 5 . ~ ~ '
13.6=120-05 R 2.5. & 5
' 136-120-25 ~ R ~ 25 & 52 ~~
136-120-24 R 102
137=060-19 ~ R 5 .
137-060-0,1 R U:S & 5
139=060=09 R- 0:5,..5 & 10?
137-060-12.. R _ ' 2.
137-060-13 . R - 05, 10 & °Y52'
136-_120-Q1 J%C ---
137-070-16 R. 5; 10 & 152
Total 20 Parcels. -Five Different Zonings
~ Full take 0.1 acre ~ .
2 Non-developers -negotiations. required
APPRAISAL NUMBER 2
Valuation Niter Completion of Street Improvements
Assessor's .Parcel Number Density Per Acre
136=120-10 2.5 & 5
136-120-09 2.5 & 5
136-120-23 2.5 & 5
' 136-120-18 5
136-12Q-22 2.5
13.6-120-21 2.5 & 5
136-120-OS 2.5 & 5
136-120-15 2.5 . & 5
137-070-11 5 & 15
137-070-10 5
137-070-08 0.5 & 5
137-070=07 5
- 137-070-:06 Jr. High
137-060-19 5
137-060-01 0.5 & 5
Total IS Parcels -Four Different Zonings
C ~>>
_. _---___._-EQOCK(R tlORnSDT---
~UALII=(CATIONS "OF GEOFFRY F. HOR`NS'BY, SRPA, 'IVIAI
Education: City of 1Nestminster College, London, England
Appraisal Institute of Canada:
Courses I and II
American Institute of Reaf Estate:Appraisers:
Real Estate Appraisal. Principles
Basic Valuation Procedures
Capitalization Theory 8~. Techniques Parts 1 & "2
.Case Studies in -:Real Estate- Valuation
Industrial-.Valuation
-Standards of Professional Practice ~ Conduct
Valuation Analysis :&_ Report 1Nriting
Litigation ~_Valuation
Society of Real Estate Appraisers:
. Single Family Case Study
,Professional
Experience: ~ Currently a, partner. iri the
real property valuations firm of Crocker
y
Hornsby,. Santa. Rosa, California
Assistant Vice .President and'District Appraisal Offcer - Wells Fargo
Bank; Santa Rosa; California (1':968-1982]
` Twenty-one years' experience in valuation of;realproperty, including
urban: and rural residential property, warehouses; apartments,
industrial buildings;. shopping centers, subdivisions, marinas',"stores,.
vacant ..land; cemeteries, `office; buildings„ hospitals, service stations,,
restaurants, automobile agencies; mobile home parks,. and vineyards
Qualified: as Expert Witness in Sonoma County Superior Court and
San francisco Bankruptcy Court
Protess3onal
Memberships:. Society of Real Estate` Appraisers
Senior' Real Property Appraiser (SRPA)
(Past President East Bay Chapter #54)
American Institute of Real EEstate Appraisers
(M41) .
Appraisers of Sonoma County (Paste .President)
CROEKtR
z
PROFESSLONAL SERVICES A:GR.EEMENT
(FOR SERVICES UN°D ER- $50,000._0"0)
Corona-Ely Assessment Disa.r-:ct
Title o Project
This Agreement, made and entered into by and between the City of
Petaluma. a Municipal Corporation and a charter .city (hereinafter referred
to as "City") and Crocker--, ".Hornsby (hereinafter referred
to as "Contractor" )..
The parties hereto enter info '.this agreement. for 'the purpose of contractor
providing ~ professional services to City under the following terms and
conditions
In consideration hereof, .and. he` mutual promises ~ contained herein, the
parties .agree as follows
1. Contractor shall pro~.ide ttre following services : Appraisal and
right of-way negotiations The scope of the' work will he in _
accordance with the ateaehed letter.
2. City shall compensate contractor for services rendered. hereunder
under the following terms: Monthly billin
3. Services performed by Contractor to -City which exceed fhose services
described in Sect-ion 1 herein, shall be considered • "extra work".
Extra Work shall only be performed by Contractor upon written
authorization of Contractor shall be
compensated for extra work at the following rates: $95.00 per hour.
1
4. Use Section.. 4(a,) or 4(b-) - delefe inapplicable section.
(a) The term of this agreement commences on ,
Iq8 -and 'end`s on .1.98
1H'owey.er,. 'eit'her party may terminate this agreement upon ~.
proyidin.g the other party ,ten days' written riot;ce of such:
termination, given in the manner provided in Section 1`1 herein.
,..
(b) Contr.acfor shall commence work upon receipt... of written direction,' ~ a
to proceed from City. Contractor shall perform fhe .work
d~esaribed herein, in accordance witfi the following schedule::
Sexvice ~ Comp.le;tion Date
Appraisal and' Right+o;f-Way 45-6b~days.followng'
Negotiations Ely .Blvd, acceptance, assuming all-_
d'ocumernts_are provided
(see_let.ter)
5. It is understood and agreed. that Contractor possesses... distinct ~ _ " .
professional skills in performing said- services. 'fit is further
understood and agreed that Contractor,; .including .his/her agents. and _
emp;loy.ees, is not an agent or employee of the City, but rather, solely
responsible for his/her acts and omissions. Contractor has full con'frol~
over the means and methods of performing' said services'., and
Contractor under-stan`d's that said. ~servees .are- being performed as ,an
- ,
independen contractor., ~ Nothing in this agreement shall in' any way
be construed to constitute t:he contractor,, or :any of its agents or
employees, as an agent; employee or' representative of ahe. City.
6. In the event that a1T or any portion of the. work. prepared or part'ial~ly
prepared by Contractor be, .suspended,, abandoned' 'or terminated by'
City°,, City shall- spa;y Contractor for all- fees, charges and' services; o
the extent ' they were actually performed ~in accordance with this _.
2
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agreement,.
7. Contractor shall perform. with hislh'er own organization, all "work
specified .and required in this, agreement. No assignment or transfer
in ,whole or in part of-this agreement sha1T be made without the written
consent of the City, .
8. Contractor may retain or- subcontract for the services of other
necessary consultan_ ts~, with the. written approval of City. Any such
subcontractors shall comply, to the exte nt applicable, with the -terms
and conditions of this agreement and all of the obligations and duties
- imposed upon the Contractor hereunder. -
9. Contractor -.agrees to ;fully comply with all a,ppropra"te local., city, state
and federal laws:,- regulations- and ordinances governing performance of.
contractual services -required .hereunder,. - in accordance with
professionals standard's of care.
10. During the performance of this agreement, Contractor will not
discriminate `against any emp ogee or -applicant for emp o.yment because
of r,.ace, religion, .creed; 'color,: national origin,, sex or age.
Consultant shall take affirmative. action to. insure that applicants are.
employed, and that. comp ogees are treated' during employment, without
regard to their race, religion, creed, color,. national origin,,, sex or
age.
11. Alt noticee required or- permitted by this agreement,. including notice,
of change of address, shall be in writing an•d given by personal
delivery .or sent. by United States Mail, postage prepaid and addressed
to the parties intended ~ to b'e, notified;.. Notice shall be deemed given
as of the date. of `deli.very in person or as of the date, deposited in any
post office or any -post ' office' ~ box. regularly maintained by United
.States Government. =Notice shall be given. as ,follows:
3
. ,city'; - City "Clerk - .,
City o.f Pefa-puma
. ~ ~ - P .. O:. ,BoX 6 T _ .
Petaluma;, California 9495`3
Contractor: Cr.oc:ker Hornsby , .
8.19 Th-rd:'Stree't -'
- Santa 'Rosa, CA 9540'4 -
_.
12. All bills sha"11 .be ~~sent to the. designated p,rojec't contact person on; a
monthly basis or .upon task comp eton, w~h~iche~er 'is appsopriate~.. Bills
wi'11 b~e :checked ~ b,y ~ sa'd , contact person for comp`larice; with. the
- ... :,.
pr.ovison~s of this agreement and - -then forwarded` to, "Accounts - ,
Payabl`e° .' City shall' endeavor . to, .make;' pa-yment . of aid bil'l' within
thirty. (30') days, of receipt.
13. A'I1 ~ original papers,. ' documents or eoinputer material -on~ d'sk or
- microform;, and copiesthereof, produced as a resulf of this agreement, ' ~-
shall ,be fh'e prop°erty of City. and may no:t~ be. ;used ° by Contractor
without 'the:. consenE :of C°tq. Copies of; such ;documents orb paper§:: shall
not 'be disclosed to ~ others without the written consen-t of the- City
- Manager' or`;his authorized representa'ti~e. - ~ ~' . '
. 14. Contractor hereby- -covenants and. agrees to,, ,and sha1T, indemnify; ,save
._: ~ -
harmless and defend, the; City of ~ Petaluma, ,its agents ~ and/o"r
;.
employees against , alL~ claims, dei~nand's.,'- costs; and Iiablities for
.:
damages of - any kind' or nature ~ arising` out of~ or, occasioned. b~y
Contractor's.-performance of its? obligations pursuarnt to-this Agreement: - -
However, this' indemnity does ~ ~not~ e_'xtend fo any ;loss.,: damage or
h ence or willful misconduct - -
expense arising out- of the neg 'g -: - ' of the City -
or th"e City's 'empl'oyees. The, City Council may retain so ,much. of th'e~ -
. ~ 4 ,.. ~~
money due Contractor as shall be ¢onsidere:d necessary, until
...
" disposition 'has -been made of claims or suits for damages as aforesaid.
15 . In suran;ce
The Contractor at his own cost an,d expense. sh`a11 take out and
maintain, throughout the period of th"is~ agreement comprehensive
general liability :insurance with minimum limits of three hundred
thousand dol^lars C$300,000.00) 'combined single .limit (CSL) covering all
bodily injury and property damage arising out of its operations under
this agreement.
, Other Insurance provisions: and requirements' shall include the:
following
A. General Liability and Automobile Liability Coverages
(1) The City, its officials, employees and volunteers are to be
'covered as insureds as respects: liability arising out of
activities performed by or on the behalf of the• Contractor;
premises owned, leased or used by the Contractor; or
automobile owned, leased,,. hired or borrowed by the
Contractor. The coverage shall contain no special limitations
on the scope of .protection afforded to the City., i#s officials:,
employees or volunteers.
{ ) ""The Contractor' insurance coverage` shall be primary
insurance as respects the. City, i s officials, amp oyees or
volunteers.. Any insurance or self-insurance maintained by
the City, its officials, employees or volunteers shall. be
excess of the Contractor's insurance and shall not contribute
with it .
(3) Any failure to comply with reporting provisions of the
policies shall not' affect coverage provided to he City, its.
officials, employees or volunteers.
5
'(4) Coverage ,shall sta a that the Con;tractor''s insurance shall
apply ;separa e,ly to each, insured against. ,whom claim is Rude
or suit is brought, except wt'h~ respect . to the, limits of: the
insurer's liability.
.B. Workegs' Compensation and Emplayer''s Liabi'li,ty Coverage - The
insurer shall agree to waive all '.rig`h'ts of: subrog-ation against the
City, its officials,, 'empigy.ees an:d volunteers fore losses arising
from wor..k performed b;y' the Contractor for the City.
C. A11 Cover-ages -.~ " Each insurance policy required by tfi`s clause
shall be endorsed' to state.. that` coverage shall not be suspended',
voided, cancelled, reduced in co erage or in ',limits except after
thirty (30) day-s' prior ~ wri'tten notice. bg cert°fied mail, refurn
receipt requested:, . has been given to the City.
D. Verifica ion of Coverage. - Contractor sha l furni h the Ci~t;y witH
certificates Hof `insurance and certificates and endorsements ..for
each iasura~nce :policy .are to ,be signed by a person authari;zed by
` That insurer to, bind coverage on; its behalf . ~ 'The eerti'ficates a-nd
endorsemenas are' 'to be r-eceived and' ;approved by the: City ,before.
work :commences;. -
16. This .agreement ~ may, be. modifi'e`d, providing said modification is in .
writing andsigned by both- par"ties.,
17. If litigation ensue which pertains to the: subject matter of Contractors
services hereunder, Contrac'torr, .upon request from City, agrees to
testify therein at a reasonable and customary fee.
18:. In the event either 'party. heretoshall commence any' legal, action or
proceeding by reason of the alleged fai°lure of the other to p'e_rform or
keep any °term, covenant or condition of this a~greemen by .it to ~be;
,procee in`g.
performed -or kept, the party prevailing in said activon~ or
shall be entitled. to recover, ~in addition -to its. costs .of suit, reasonable
attorneys' fees as fixed by the Court..
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{b). The Contractor's insurance cowera~ge shall be
`primary ~instrance ae resp'ects the Clty, its
officials, etnpIoyeee~ tend volunteers: Any insurance
or ®el`f-insurance maintained , by the City, its
c¢ficiala, employees or volun'taera shall bo excess of
th® Contractor's i'nsuranc® and aha11 not ccntribut®
with it.~
{c} ~ Any failure to comply with zeporting prQViaions of
.the policies ahali not affect cav®ra~e provided to
the Clty, its officials, employees or volttxiteers.
{d~) Ccvera~e ®hall state that the Cantractar's insurance
shall apply separatsly to each insured against wh®a~
clank is.,_mada cr suit is brau~ht-, exctp4 with respect to
the limits of the .int~urer's liability.
{2 } Workers' :Ccmpeasation ;and Employers La~biaty Cavera~a o
Ths neur:ex shall agree to wsv~ aII rights' of.
subrogation ~.gainst 'the City, its officials, employees and'
volunteers '#or losses ari`sin~ from want performed by the
Cvn,tractor iox the City .
(3) Al Coves~~esc
Each insurance policy required by this cIsuse shall be
eiadorsed to ~ state that eoverage ~ shall not be suspended,
, voided, canesllsd, reduced in cov®r~~e or in limit: ®gc~pt
' after 4hirty (3'0)days' ..prior w~itt~n notics by certified
mail, a°etua~ xae$zp'e requ®st~d, has base ~ivsn to the
;Clty in she manner p.rovid~ed in Saetior- Z, herein:
E~. Verification ~af. Covers e
Contractor shall iurriish °the Ci`ty' with rertfficates of
insurance and' with original e~dorss~n'ee affecting coverage
7
' ' ~~ '
r.equir~:d by this clauee. The e~tifc~tas at~d" ondaxsetevn~t ~~
for each, insurance po`lic.y ase, to b® •sEgned by a ,portion
au•thoriaed by that, .in"suxez 'to ~ bin;d. coveraga on its behalf;; . •
The. certfacates aiid dndora®m~n'ta are to ~e_ on fcrmm
p~ro~i'd®d bye t'he Ci€y and' are: to be received and approved by
. the Clty b®fore work com~re'neee ~ ~ '
F. ~ Subcengractore. ~ .
. CoaLracor shall inc~2`ude. aIi ~ubcon~tx~actr~rs a's: incurode ~ia~d'et° •
•~
its; policies.. =or ~shaIl, furnish separe~e cer,tlicate8 xnd, .
en~dor~~®en~t~ fcr each' ~ subevntractcr.- A`l'T• covera~ee~ ;fcr
et~bCOntra:Ctors shall be .subject Ito al'I aiF tke requir~miorite
• ~stat~d Sher®n.
G. Work 'I'ertninatior~,, .
In Lhe event that' ,any of the ~abov® irisuz~nce polle3om ~hou'ld:
lapee or be ;cancelled ot° ~t®rzninate'd wi''tlsi~ th® ` p'er~od ~f' the
. ;contract,: the C4ntxactor ~hall~ cea8e all wank her®un~der untt2.
.,
such ~tirse as, adequar.~ insurance pis reinstated p,ursuan~t ~ ,thy
tdrme of thi's Agsreea~ent..,
lb. Tbie. Agreement `may' be: a~od!'fled, providing a~-id ;todiffcation ~ia ui
- :.
. wrftng .snd signed by E~o.th partee; ~ '
1?. IE lf`tigstion ®nsuoe which pert~ns to ~$~~ ~ ~;cbject matter flf .
Contr~•ctor's ~ Services. hsr~undsr; CoritrccEor upon request .fropi
. ~ CI#y, agx~~s to testify therein at• ~a reasonabae and customary .fed; ., ' ~ ,`
1.8. In Lh®~ eve~st aithex' party hereto ~h~I commence any• Ye~al ,fiction or ~ ~ •
pro.cae:dng.. by seecson of the ~alIe,gad .fsiltazo of ~ the otft~z~ 'to ;pergorm =
. ._, - ~ .
or keep an°y term, ~c®venant or condition. of ti7is A~r~t~eat bFy it t® .
be, perfarmsd. or kep ', the party • prevaarig, i"e~ ~ said, ~~~ctfosi~ or'
procaedin~ 'h~lI b® entigled to recover, . in ~dditsan to its costs of
$uit-, re~ona'ble a tarneys' fees as fixad by the Coua°t.
19. 'I'hlar A~xeayent ccnatittstes the erstre agreement betsveet~ the
p~rtiea. . .
IN WITNESS WHaoItEOF, the partfes hereto have executed flue docur~ont
the day, mortkh, and year first abcve written.
Crocker Hatasby b
Ge0 F, Ho
Septa Rosa, CA 95404
ey tet®
68-00100&5
axpayer ua~ eP
,_ CI'1"Y OF PETALU~A
ty atta~er
~-TTEST:
ay ar
APF~RQVED ~S 'PO FORM
y ttorn~y
narte~ cep ~ u tar
~ an~~®r
sta urae ua ~~+~ cash e
form a~
~iGR~ITI
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