HomeMy WebLinkAboutReso 1989-14153 Revised 6/22/89
RESOLUTION NO. 14153
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PROFESSIONAL SERVICES
AGREEMENT WITH KIBBEY COMPANY EASTLAKE III
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on February 7, 1989, the Council approved a
Statement of Intentions regarding the processing plans for
EastLake III which includes the Olympic Training Center, and
WHEREAS, staff has discussed the concept of obtaining a
professional evaluation of the economic aspects of the EastLake
III proposal with the EastLake Development Company and they
concur that a professional economic evaluation would be
beneficial to all parties to better understand the economic
aspects of the project, and
WHEREAS, it is recommended that Council waive the normal
consultant selection policy due to the critical time schedule set
forth in the Statement of Intentions and approve the agreement
with the Kibbey Company.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the agreement for
real estate appraisal services between the CITY OF CHULA VISTA
and THE KIBBEY COMPANY for an economic analysis of the EastLake
III project, dated the 20th day of June , 1989, a
copy of which is attached hereto and incorporated herein by
reference as if set forth in full. ~
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.
Presented by Approved as to form by
~0~fge ~rem~l,~e~i~ector of on City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,dLA VISTA, CALIFORNIA, this 20th d~ of. june
19 89 , by the following vote, to-~wif:
AYES: Councilmembers McCandliss, Nader, Malcolm
NAYES: Councilmembers None
ABSTAIN: Councilmembers Cox, Moore
ABSENT: Counci lmembers None
MaCro eiy
1/~l~t of Chuld Vista
ATTE,ST__~'~ ~ City Clerk
TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of
RESOLUTION N0. 3.4153
,and that the some has not been amended or repealed
DATED
City Clerk
CC-660
AGREEMENT FOR REAL ESTATE APPP~ISAL SERVICES
BETWEEN THE CITY OF CHULA VISTA AND THE KIBBY
CO~t~ANY ECONOMIC ANALYSIS OF THE EASTLAKE III
PRO,IECT
WHEREAS, the City of Chula Vista is in need of professional services '.
to prepare an tndepth analysis of the cost/benefit impact of the EastLake III '
General Plan amendment to the Easttake Development Company; and
WHEREAS, the City of Chula Vista has interviewed the representatives
of the Ktbby Company; and
WHEREAS~'~the City..of Chula Vista staff discussed the Ctty's needs
with several other. consulting firms; and
WHEREAS, the Klbby Company submitted a proposal and were subsequently
interviewed for possible selection; and
WHEREAS, the Kibby Company was selected as the most qualified firm
with the concurrence of the EastLake Development Company; and
WHEREAS, the Ktbby Company has' performed bond analysis work on the
EastLake property and-has prepared comparable work in San Diego County which
will be utilized in this expanded analysis; and
WHEREAS, due to the critical time schedule called for in the EastLake
III Statement of Intentions, the normal consultant selection policy is waived.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and the
Kibby Company, a consulting firm, do hereby mutually agree as follows: "
I. PARTIES ..
The parties to this agreement are the City of Chula Vista, a municipal
corporation (heroinafter referred to as "CITY"); and the Xibby Company,
a consulting firm (heretnaftep referred to as "CONSULTANT").
INTENT OF THE PARTIES
It is intent of the CITY and CONSULTANT that CONSULTANT carry out the .;.
attached Work Program (ATTACHMENT "A"). It is further the intent of the
CITY that CDilSULTANT coordinate his work with lit. George Krempl,
Director of Planning, for the City of Chula Vista.
III. G3LIGATIONS OF THE CO)ISUtTAtJT
CITY, pursuant to this agreement, hereby contracts with the Kibby
Company (CONSULTANT) to act in its behalf directly and indirectly and in
conjunction with CITY staff in car~tng out the attached Work Program
(ATTACHMENT "A").
permit access to tts office factlttfes, files and records by CONSULTANT
f)i throughout the term of the contract .....
: V, ADM~NIS'TRATXON OF CONTRACT
The CITY hereby designates the Director of Planning as the CITY's
" representative in the review and administration of the work performed by
7~i~.i CONSULTANT, pursuant to the attached Work Program (ATTACHPENT "A").
This agree~nt"/Sh~ii"b~6me 'effective upon execution as authorized by
,, the Mayor of the CITY..:or.hts destgnee. and shall terminate, if not
terminated pursuant to other provisions contained herein, or otherwise
extended by all,.parties, on September l, 1989
· The compensation to be paid by CITY to CONSULTANT shall be on a fixed
:~.: fee basis in the amount of FORTY-FIVE THOUSAND DOLLARS (~45,000) in
.?. accordance with AllACHMENT "B", estimated costs of tasks, which shall be
~ used by the CITY in determining the amount of work completed by
':i, ~ CONSULTANT and, therefore. the percentage'of compensation to be paid by
~ii~~ CITY to CONSULTANT each month for work program elements completed. Work
program elements shall be completed by CONSULTANT to the 'satisfaction of
the Director of Planning and in accordance with the Work Program
(AI'rACHMENT "A").' CITY agrees to pay the total sum invoiced and
approved by the Director of Planning each month during the duration of
this agreement.
!~! IX. INTEREST OF CONSULTANT
~,-. COt|SULTANT may not conduct business for third parties which may be in
,~ conflict with CONSULTANT'S responsibilities under this contract.
~ CONSULTANT may not solicit any business during the term of this contract
~.~. which may conflict with his or her responsibilities under the contract.
CONSULTANT presently has no business relationship with any persons or
firms doing business within the Chula Vista Planning Area which would
constitute a conflict of interest or give the appearance of such
conflict.
iC}~I I I ml~e~q m ·
z .HOLO HA _
'0 CONSULTANT agrees to indemnify and hold harmless the CITY from and
against a11. ltabtllty, cost and expense (including without limitation
attorneys' fees) artstng from loss of or damage to any property
whatsoever or injury to or death of any person whomsoever caused
occastoned by the negligent act or omtsston of CONSULTANT or.any agent
~f, through any cause within CONSULTANT's control, CONSULTANT shall fail
to fulfill in a timely and proper manner his obligations under this
agreement, or tf CONSULTANT shall viol ate any of the covenants,
agreements, or 'sUpulattons of this agreement, CITY shall have the right
to terminate this agreement by giving written notice to CONSULTANT of
such termination and specifying the effective date thereof at least five
(5) days before the effective date of such termination. Zn that event,
all finished or unfinished documents, data, studies. surveys, drawings,
maps, reports. and other materials prepared by CONSULTANT shall, at the
optton of the CITY, become the property of the CITY, and CONSULTANT
shall be entttled to recetve Just and equitable compensation for any
work sattsfactorffiy completed on such documents and other materials up
to the effective date of notice of termtnatton~ not to exceed the
amounts payable under Paragraph VZI~ hereInshore.
~, CITY may terminate' this agreement at any time and for any reason by
.V~' giving specific written notice to CONSULTANT of such termination and
-~ specifying the effective date thereof~ at hast thirty (30) days before
.~.~,~. the effective date of'such termination,' Zn that event, all finished and
· ': unfinished documents~'and other materials described in Paragraph
':,';' herelnabove shall, at the option of CZTY, become CZTY'S sole and
~ exclusive property, ;f the agreement is terminated by C;TY as provided
~ tn. his paragraph, CONSULTANT shall be entttled to received 3ust and
,~-, equitable compensation for an satisfactory work completed on such
· ',~'~' documents and other mateft a~s to the effective date of such
:.::'.~' termination. CONSULTANT hereby expressly ~aives any and all claims for
damages or compensation arising unJer this agreement except as set forth
.7 in Paragraph VIi! hereinabove in the event of such termination.
:. ~ ~, ,X ~ ON, . NT FOR CONVENIENCE OF CITY .'
" XIII. ASSIGNABILITY
'. CONSULTANT shall not assign any interest in this agree~ent, and shall
'..~:: not transfer any interest in the sam.~ hvhether' by assignment or
~. novation), without prior written consent of CITY. '
· ~7, 3-
of CITY. No such materials or properties produced in whole or in part
under this agreement shall be subject to private use, copy rights, or
patent rights by CONSULTANT in the United States or in any other country
without the express wrttten consent of CITY. CITY shal 1 ~ have
unrestricted authority to publish, disclose (as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies,.
data, statistics, forms or other materials or properties produced under
thts agreement'.
XV. INDEPENDENT CONTRACTOR
CITY is interested only in the results obtained and CONSULTANT shall
perform as an independent contractor with sole control of the manner and
means of performing the services required under this agreement. CITY
mai ntai ns the right only ' to reject or accept CO~.ISULTANT' S work
product(s). CONSULTANT and any of CONSULTANT'S .agents, employees, or
representart yes are o for al 1 purposes under this agreement, an .
independent contractor, and shall be entitled to any benefits to which
CITY employees are entitled, including but not limited to, overtime, '
retirement benefits, worker's compensation benefits, injury leave, or
other 1 eave beneft ts.
XV I. CHANGES
CITY may from time to time require changes in the scope of the services
by CONSULTANT to be performed under this agreement. Such changes,
including any change in the amount of CO ISULTANT'S compensation which
are mutually agreed upon by CITY and CONSULTANT shall be effective as
amendments to this agreement only when i n wri ti ng.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Contract for
Planning Services (agreement) this ,tkP~ day of _~:~'(~"; 1989.
CITY OF CHULA VISTA CONSULTANT
BY: BY: Xv
APPROVED TO FORM BY: APPLICANT:
A Cali forni a Partnershi p
ttorney
BY:
F{OBERT L. SANTO5, 'Vlc'e P~esidenl~ "~
WPC 6354P '
ATTACHMENT A
WORK PROGRAM
PURPOSE & FUNCTION
The purpose of the appralsal service ~s to estimate market values of the
proposed Olympic Training Facility s~te and to estimate the market value
trapact of the requested pre-annexat~on agreement which entails a spec~ftc
request of land uses. These uses were outlined in the EastLake II! proposal.
The function of the appraisal service ~s to provlde an esttmate of value w~th
and wtthout the EastLake IZZ General Plan Amendment.
SCOPE OF WORK
Our apprahal report w~11 be of a narrative ?omat with four mador areas:
Genera1 Information. Property Description and Analys~s, Valuation, and 14arket
Data. ', ,'j',, i, :',,.i;!,: ! ·
1. General Information~at~o~"'~ould ~nciude an ~ntroduct~on to the report, a brief
s~ate'ment of the" apprahal problem and a breakdown of the scope of the
apprahal end definitions of significant tems. Xnchded also would be a
description of the subject regional and neighborhood area along with a
discussion of marketability if deemed appropriate and gemane. Thts
comprises about 5-10~ of the overall ass~gn~nt.
2. Property Description oesc~t~on w~11 ~nclude ~nfomat~on and analys~s pertinent to
t~e subdace property. and ~ncludes location. s~ze and shape, topography,
s~te ~mmvements. utilities. zoning, and other readily obtainable publlc
~nfomatton. Ne do not prav~de any study of sot1 conditions but ~11
revtew sotl reports ~f feasibility marketability studfes but wtll review
same tf available and provided.
Of u~ost Importance tn thts section ts the H~ghest and Best Use
conclusions. by whtch the appralseP ts guided throughout the valuation
The overall effort tn 'th~s section could be as much as 30~ of the total
assignment.
3. Valuation is the most Intensive area of the appraisal process and
~ ~nvolves' application of the three approaches to vaque. Zn the
subject Instance, principal relta ce wfll b laced on the Sales
Comptrlson Approach to value wfth th; selec~lan :F ~ta resulting from the
Htq~es~ and Best Use conclusion. ConstdD~'~ng the subject property
appears tha~ market ~nformat~on will need to tnclude come~tal~
industrial, and residential of varying densities.
~e market data is reported, discussed, and analyzed for comparison
the subject, in the instance of the 01ymptc facility site, an alternate
Htghest and Best Use wtll be consldered. Th~s section, Including
~searched and analysts, equals the remaining 60% of the apprahal process.
4. Market Data tncluded tn the report, ~n
sufft:Jsnt deta11 to allow the
CIty to cSnslder the details of the transactions as they support the
valuation analysts.,...Th~s sectfort ts documenta~ ~n nature and reflects
- ~rk c~pleted during the tnvesttgattve and valuation p~cesses,
FEE & TIMING
The above ~o~?'~rai"~qutres a fee of $45,~0 and a ttme requlre~nt of
stxty (60) days. c.. Fifty pe~ent of the fee shall be due and a able u
Valuation aluat~on process including market data PeseaPch consrues most of the time
and effort, ~tthtn thts the breakdown ts probably 50/50 as to the Pat~o of
~search act~vft~es ' vePsus application of c~parables to the subject