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Home My WebLink AboutReso 1975-7862Farm No. 342 Rev,. 3j74 RESOLUTION N0. 7662 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN TF.E CITY OF CHULA VISTA AND GERALD S. KIBBEY, M.A.I. AND ASSOCIATES FOR APPRAISAL SERVICES IN CONNECTION WITH SOUTH BAY COURT SITE AND AUTHORIZING TAE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Gerald S. Kibbey, M.A.I and Associates for appraisal services in connection with South Bay Court Site, dated the 5th day of August 1975 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized. and directed to execute said agreement for and on behalf of the City of Chula Vista, Presente y Paul G. Desrochers, Community Development Director ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CFULA VISTA, CALIFORNLA, this 5th day of Au~cust , 1975 , by the followLnc vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen Ho.eel ABST ATTE' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF C[iULA VISTA) of Chula true and not been Approved as to form by P / ~'~ George D. Lindberg, City At~hey I, City Clerk Vista, CalLfernia, DO FEREBY CERTIFY that the above correct copy of Resolution No. and that the amended or repealed. DATED of the City 1S a full, same has ty ~~, ~, . _ AGREEMENT FOR REAL ESTATE APPRAISAL THIS AGREEMENT entered into this day of , 1975, by GERALD S. KIBBEY, M.A.I. & ASSOCIATES, hereinafter referred to as the "Appraiser", and THE CITY OF CHULA VISTA, hereinafter referred to as the "Public Body"; W I T N E S S E T H The parties hereto do mutually agree as follows: 1. The Appraiser shall, within sixty (60) calendar days after the date of execution hereof, furnish the City Attorney's Office, City of Chula Vista, hereinafter referred to as "Counsel", an original and two copies of a written appraisal report (herein- after referred to as Report) of the fair market value of the real property (hereinafter referred to as the Property) described in Schedule A, attached hereto. At the minimum, Report will conform to County of San Diego Guideline For Narrative Appraisal Reports filed September 10, 1971, with the Clerk of the Board of Supervisors as Document No. 445451. Appraiser acknowledges receipt of a copy of the Guideline. 2. In consideration of the above performance, the Appraiser shall be paid Five Thousand Dollars ($5,000.00) which shall constitute full payment for the work done and reimbursement to the Appraiser of any expense incurred, including the cost of all supplies, material and equipment. Payment shall become due upon completion and delivery of a Report which fully meets the conditions of this Agreement. 3. The Appraiser agrees that, upon the written request of the Director, Community Development, of the Public Body (herein- after referred to as Director), he will perform other related appraisal services beyond the requirements of this agreement. In consideration of the above performance, the Appraiser shall be paid at the rate of Two Hundred Dollars ($200.00) per day and fifty percent thereof per half day or less. Such payment shall constitute full reimbursement to the Appraiser for any expenses incurred. 4. The Appraiser and the Public Body understand and agree that this Report is being prepared for the purpose of pro- viding the Public Body with a professional valuation opinion to serve as a basis for negotiation and probable litigation and all parts thereof are to be treated as confidential. The Appraiser shall take all necessary steps to insure that no member of his staff or organization divulges any information concerning the Report. 5. The Appraiser agrees that upon request of Counsel, Appraiser will testify as to the value of any and all of the Property included in the Report in any judicial or arbitration proceeding involving a determination of the value of said Property. It is understood and agreed that in the event the Appraiser is called upon to appear for a pre-trial conference or to testify, the Appraiser will be paid the additional sum of Two Hundred Dollars ($200.00) per day and fifty percent thereof per half day or less. K- ~~~2 The above per diem shall include payment for any expenses incurred and for the preparation of the following exhibits: A. A map showing the location of the Property relative to the community. B. As many pictures as are necessary to show the condition of the Property including improvements. C. Exhibits depicting the total site, major improvements on the site, and floor plans of major improvements. D. A map showing the location of comparable sales relative to the Property. The fee for other exhibits, requested by the Counsel, shall be determined by mutual agreement and approved in writing by Counsel. 6. Time-.is of the essence of this contract and if the appraiser Fails to perform within the time specified, or any extension granted as set out below, the Director may, by written notice, terminate the right of the Appraiser to proceed with the performance of this contract or with such part as to which there has been delay. The Director may extend the time for completion of performance.if delay is due to unforeseeable causes beyond the control and without the fault or negligence of Appraiser, including, but not restricted to, acts of God, acts of government, failure on the part of the Public Body to provide required information, changes in Right of Way Plans or title information, or as a result of additional services requested under the terms of this contract. Upon notification from the Appraiser of a delay, the Director shall ascertain the facts and extent of delay and may grant on behalf of the Public Body extension of time for performance, when, in his judgment, the facts justify such an extension. Written notice of the Director's decision shall be provided to the Appraiser. 7. The Appraiser will stop work on the Report, or on any separate Property or Properties, upon receipt of written notice from the Director. In such event payment shall be prorated on the ratio which the completed work bears to the total work required to complete the Report. The Appraiser will submit billing, for approval, detailing work completed and time charges together with the uncom- pleted work product. 8. The Director, Finance Director, or their designated representatives, shall have the right to inspect and audit all records, accounts, and other data maintained by the Appraiser which relate to performance or billing under this Agreement. 9. The Appraiser agrees that the owner or his designated representative shall be given an opportunity, by reasonable advance notice in writing or otherwise, to accompany the Appraiser during his inspection of the Property. Appraiser will be required to furnish, upon request by the Public Body, evidence of compliance with this paragraph. 10. The Director shall administer this Agreement on behalf of the Public Body. 11. The Appraiser is an independent contractor and not an employee of the Public Body. -2- 12. The parties hereto have herein set forth the whole of their Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE CITY OF CHULA VISTA Thom~Hamil~ Mayor GERALD S. KIBBEY, M.A.I. & ASSOCIATES BY .~ cC ( CY ~ ~C~ ATTEST City Cle t Approved as to form by Ge~. LLind e-T rg, City A torney -3- v ~ - ~, . ~~ . . I _-~•---°--°'-_~-- - GARRETT AVE. ~ I i i C - qqq , J 8 I~~ Y i I ~~ ~ qq l o °o I° o Y ~ l g0 ° .. ... , v ^ t--< ... 1 b I o ! I ° I o ~ k~ IYI ~ I'ul e ~ U f ti' I u N I s S '( INI ~ ~ of •~ H -~--i----1--~--1..- D u L~ $ ~ o I !T]-100-x2 I 6T]-,00.21 J] ~ ~ I ~ ' I sTn-loo-za 7< I~ ~ c,~- t '= N _ h ------~ Y I ° _ _.. ------ aTo-ioo-u I- „-..~ ~' ~-'-~------------ Y I i N y i .,]-o]o.w ~° I----- ~ ~ nT]-~oo-lt ~ I y I O IcT]-oxi.lc I ~ ' en-ioo-2a ~ ~ I ~ ~ ~ - (q ~ I .I,. - a n ----- -------~----- I ° ...-_ _ __ -- -~ !,!-,o0-lL ' n ~ ni " ~ I w -t_ _^ ~' cTo-mo-rr ~ sn-la o->o ~~ I ~. _ L-_-__ I. r 1 I _ P~---- ~ I P ~ ., __..-_,..__ - ~ ~ I l ~ ~--- , , I Y I 7 °I o I ~i ... I .._,_~_~ o n,].ICO.pg 4 i S ~ I t I -+ - - TH1R6-- - AV~tF~---- - t `~,-c] \~ _ ~ o _~ x ....~ ~ ,~ orn fio. F-229 12/?3 CERTIFICATE OF CITY/UZRECTOF. OF FIPIF.2SCE Ce~tificati.an of Una rc-:ri.a.ted Balanc^ I FiERI:IIY CERTIFY that tY:e money required fc: Lhe appropriation of funds far' the nurpcse set forth in the attached resolution is available in the Treasury, or is anticipated to COme lIltO tl:e Treasury, and ].S Ct112r+:1 S8 L'iiar]prULrldtE'_Q. AInOUnt Purpose Bidder Fund Direct:.r .~.f i~in?nca The City of Chula Jista Date 3v Certifi,:aticn of Jaercunbered 3aiance I iiEREBY CECTZFY t'nat the in5e:^t.~~r'ness :end ciui.c_ation to be imurred :,y the „entracc or ~.;rr=^ern~_nt ae;thc:zsd. :rp the attached resciutiol: can be _r;.r•'arrec :,..;ncu"' the -vio?.z.ior. of amr of the prcvisiens c° ::;o ;r,arter. :° +_i,e City o`' Cna_a ~-st .._ the Constitaicn or th~_aaa of `b=, _.c~:..._. of ..a_..fcr.-i-, .'--t sufficient mUnley `111.=,. _ `:)~?n - ~ _ _La':i;^-Oi `:?n :y 1:,+:~OSC Uf S2.1d contract, that ~.:fficie:.c .. _;uF _.. ,~., e obl ic, `' Saeo~ th_"cn c~ the contract are actually is the ,reas;,.]ry; o- aye anti^ pates to com<. into tha Treaslry to -: ~ ::ci... o` the ,_prcc ~ ion ` -_.., w':ich the Same are tU be (rCiWa, c'.*i,3 `.:~:rlt :.d 7. L'. `lUS]lCi IIUii n~'tliali~/ 1n the Treasury, coyether ~dit:i ,.__c ru}Hies ~,nticipatel ._ .c cc::,= lnto the Treasury, tc the ~red:~_ ..~ .:pia apcr _ation ..re otherwise unencumbered. Fazrourt Prot to ~xcead $ 1-1260-5202 K <" C , // ~ / ' ~ .~ a~ i ! c. ~-. L c '` ~n„- .icy ,_ ~.:hul : . _.~^a Date 8/4/75 rY Fund General __ Drp•..jrctivi+:, Comnunit~ Develo ment Purpose Appraisal Services for Court Site by Gerald S. Kibbey M:A.I. & Assoc. Bidder N/A ~,~>• ;1