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HomeMy WebLinkAboutReso 1988-13911 RESOLUTION NO. 13911 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A ONE-YEAR AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SECURITY LAND AND RIGHT OF WAY SERVICES, INC. FOR PROPERTY ACQUISITION CONSULTANT SERVICES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista is in need of acquiring property; and, WHEREAS, a right of way agent is desirable to act on behalf of the City of Chula Vista in negotiation for the purchase of property; and, WHEREAS, four proposals were received to provide such services to the City of Chula Vista; and, WHEREAS, Security Land and Right of Way Services, Inc. has been found to have submitted the best proposal in terms of service, fee schedule and experience. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby directs the City Manager to execute said agreement attached hereto as Exhibit A and incorporated as though fully set forth between the City of Chula Vista and Security Land and Right of Way Services, Inc.~ Presented by Approved as to form by WPC 3896H CoE ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF .dLA VISTA, CALIFORNIA, this 20th day of December 19 88 , by the following vote, to--wit: AYES: Councilmembers Cox, Hoore, PIcCandl~ss, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counc~ 1 members r4al col m 4~~e City of Chula Vista 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 Visto, California, DO HEREBY CERTIFY that the above and foregoing is o full, true ond correct copy of RESOLUTION N0. 13911 ,and thor the same has not been amended or repealed DATED City Clerk CC-660 AGREEMENT THIS AGREEMENT is made and enterea into this 20th day of December , 1988by and between the CITY OF CHULA VISTA, a municlp~orporatton, and the CHULA VISTA REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter called "CITY/AGENCY"), and SECURITY LAND AND RIGHT OF WAY SERYICES, INC., a California corporation (heretnafter called "CONTRACTOR"), with a place of business at 4500 East Pacific Coast Highway, Suite 320, Long ~each, California 90804. WHEREAS. CITY/AGENCY desires to obtain the services of an experienced and qualified firm to negotiate purchase agreements for the acquisition of real property or interests therein as may be required by CITY/AGENCY; and WHEREAS, CONTRACTOR has had experience in the negotiation of purchase agreements in connection with property acquisition, and particularly in connection with City projects; and is ready and willing to accept employment by CITY/AGENCY for said purposes; NOH, THEREFORE, in consideration of the promises, covenants, and conditions contained herein, the parties hereto agree as follows: SECTION I. Scope of Services For the purpose of obtaining signed purchase agreements for the acquisition of real property or of interests therein as may be required and authorized from time to time by the CITY/AGENCY, CONTRACTOR agrees to perform the following services as directed in writing by CITY/AGENCY: A. Review title reports, appraisal reports and other documents in sufficient detail, and consult with City/Agency personnel as required in order to properly prepare to negotiate with owners and other parties in interest to acquire the interests required by CITY/AGENCY. B. Conduct negotiations with property owners and all other parties in interest. Formal offers to purchase will be made, where pcsstble, in person, to property owners residing any where in the United States on parcels valued at $300,000 or more. Where properties are not acou,red within a reasonable period of time, negotiators shall be alternated ano negotiations shall continue until all reasonable efforts have been exhausted. C. Maintain for e&ch parcel, a unt~plete and current record file. Haintain a diary report of all contacts maae with the property owner or his representative and a summary of the status of negotiations indicating attitudes of owners, problem areas, and other pertinent information. D. Promptly transmit to CITY/AGENCY for acceptance, documents executed by Owners and other parties in interest indicating a willingness to sell and transfer their respective ~nterests. Included in transmittal packets will be the executed deeds, acquisition agreements, rental statements, statements of information, and other documents as may be required or requested by CITY/AGENCY and a report form summarizing the pertinent data relative to the transaction. E. Provide, if requested by CITY/AGENCY in writing, services consisting of the following: 1. Preparation of offer letters, summary statements, and lists of approved items of improvements pertaining to the realty (fixtures and equipment), where applicable. 2. Preparation of agreements necessary for acquisition, escrow instructions, deeds and other documents in accordance with requirements of CITY/AGENCY legal counsel. F. Provide, if requested by CITY/AGENCY, in writing, comprehensive appraisal review services, including the following: l. Review each appraisal or group of appraisals for each parcel or group of parcels as designated by CITY/AGENCY. 2. Notify, in writing,' 'each appraiser of any necessary corrections, revt sions, or addt ttons to the respective appraisal reports. m 3. Prepare a written report for CITY/AGENCY for each parcel or group of parcels which indicates that the appraisals are compl eta and consl stent t n the factual data contat ned therein, comply with existing statutory or administrative requirements, and are acceptable for the determination of fair market values. 4. Nake written recommendations of fair market value for each parcel based on the review of the appraisals. G. Provide, if requested by CITY/AGENCY in writing, supplementary services, including the following: 1. Additional consultation with CITY/AGENCY personnel or legal counsel regarding acquisition negotiations and disposition as required. 2. Review and analysis of title reports. Assist the CITY/AGENCY in clearing adverse title encumbrances, such as easements and covenants, conditions and restrictions, so that the CII'.'/AGENCY can u.~e the subject property for its intended publtc purpose. 3. Assistance in liaison between CITY/AGENCY and escrow. 4. Assistance in liaison between CITY/AGENCY and title company. -2- 5. General consultation services not related to acquisition negotiations, 6, Participation tn staff meetings, 7. Coordination of real estate activities wtth relocatton acttvt ttes. 8. Assist legai counsel in order to complete the acquisition program at the earliest possible date. 9. Process documents and act as CiTY/AGENCY In-house coordinator with City, County, escrow, and title companies in order to complete the closing of acquired parcel ftles. H. Provide, tf requested by CITY/AGENCY in writing, modlfted bulk sale transaction servtces for purchase of items of improvements pertaining to the realty (fixtures, equipment, furniture, and furnishings) considered realty items. SECTION II. Duties of Agency CITY/AGENCY agrees to provide CONTRACTOR with such Information as is possessed by CITY/AGENCY and ts normally supplied to contractors performing acquisition services related to real property, Including but not 1trotted to appraisals, title reports, maps, or drawings. SECTION III. Term of Agreement The term of this agreement shall be from January 1, 1989 through December 31, 1989, with the CITY/AGENCY reserving the option to extend the agreement for one year by notifying the CONTRACTOR in writing and amending the agreement no later than thirty (30) days prior to the exptrattcn Jr the term of the agreement. SECTION IV. Coamnencement of Services Services by CONTRACTOR shall conm~ence only upon receipt of a written notice to proceed by CITY/AGENCY, pursuant to the terms and provisions of this agreement. Services shall be completed wtthtn such times as are reasonably established by the CITY/AGENCY, or when the maximum compensation provided tn !;ectton V has been expended, whichever occurs later. o3- t" 'lAriat-',. ~,,:-.~:,,.m,-.-I. .,eL ' I ....... _..__~__~,~, ~_ .m__ r -..m' ~ SECTION V. Compensation and Nethod of Pa~nent ;ZTY/AGENCY agrees to p~y CONTRACTOR for its services faithfully rendere~ hereunder in accordance with the following: A. For services in connection with acquisition of easements or partial takings less than total acquisition: the sum of NINE HUNDRED F/FTY AND NO/IO0 -- DOLLARS ($950.00) per parcel of real property to which such easements or other interests are appurtenant or related. After CONTRACTOR has made dt~tgent and normal attempts to acquire the necessary interest without concluding the acquisition, and if CITY/AGENCY, tn Its sole discretion, elects for CONTRACTOR to make additional efforts and notifies CONTRACTOR in writing to proceed, CONTraCTOR agrees to do so at the rate of SIXTY AND NO/IO0 '- DOLLARS ($60.00) per hour. 8. For the tote1 acquisition of any parcel, the following fee schedule will prevail: Valuation Maxin~m Compensation $ 0 to $ 49,999 $ 800 Per Parcel $ 50,000 to $ 99,999 $ 800 Plus 1-1/4~ tn excess of $ 50,000 $100,000 to $19~,999 $1,425 Plus 3/4S in excess of $100,000 $200,000 to $299,999 $2,175 Plus 1/2= in excess of $200,000 $300,000 to $399,999 $2,675 Plus 1/4~ in excess of $300,000 $400,000 and over $2,925 Plus 1/85 in excess of $400,000 In instances in which there are more than one (1) tenant or lessee upon a parcel for which separate negotiations are required to obtain release or assignment of their interests in the property, including tenant's improvements pertaining to the realty (fixtures and equipment), or both, a fee of FOUR HUNDRED AND NO/IO0 -- DOLLARS ($400,00) for each tenant or lessee interest in excess of one (1) shall be added to the above fee schedule. In the event of eminent domain proceedings, this fee for tenants or lessees, over one (1}, shall be added to CONTRACTOR's one-half fee at time of filing and eminent domain proceedings, C. In connection with services performed under th;s agreement, CONIRACTOR shall seek no reimbursement for any expenses incurred in connection therewith, all such expenses having been included in the fee schedule appearing in Section VB. D. In the event any parcel ts acquired through eminent domain proceedings and prosecuted to Judgment, CONTRACTOR's fee would be fifty percent (5Or) of the above schedule based upcn the most recent approved ~ppraisal or any subsequent valuation utilized before the action is ftled. .~ny parcel is ultimately acquired, after eminent domain proceedings have been instituted, without going to trial, CONTRACTOR's fee would be based upon the -4- above schedule utilizing the most recent appraised value or any subsequent valuation used prior to the filing of the action. In the event the property is condemned, CITY/AGENCY shall pay CONTRACTOR fifty percent (50%) of the above schedule at the time of filing of such action, with any remaining amount due to be paid CONTRACTOR at time of settlement of acquisition of a condemned parcel by CITY/AGENCY. E. For services rendered pursuant to Sections I.E., I.F. and I.G., CONTRACTOR will be paid at the rate of SIXTY AND WlO/lO0 - DOLLARS ($60.00) per hour, in addition to the compensation provided in this Section, Paragraphs A, El, and D hereof. F. For escrow services for easements or partial takings, under the auspices of the City Attorney's office, at the rate of TWO HUNDRED FIFTY AND NO/lO0 -- DOLLARS ($250.00) per parcel, plus out-of-pocket cost for forwarding, processing, beneficiary and trustee fees. G. The valuation, for purposes of compensation pursuant to this Agreement, shall be the most recent appraised value for land, building, and improvements pertaining to the realty (fixtures and equipment) deemed and purchased as real property. No compensation shall be paid to CONTRACTOR for any amounts paid for relocatton assistance. H. For services rendered pursuant to Section 1.H., CONTRACTOR will be paid ONE HUNDRED SEVENTY-FIVE AND NO/lO0 -- DOLLARS ($175.00) per transaction, plus out-of-pocket expenses (advertising ~nd security interest statements from the Secretary of State). I. If, after CONTRACTOR has commenced negotiation for acquisition of a parcel, cr partial taking thereof, but before filing of the eminent domain action, the CITY/AGENCY determines to terminate CITY/AGENCY's acquisition of said property, or partial taking, CONTRACTOR shall be compensated at the rate of SIXTY AND NO/IO0 - DOLLARS ($60.00) per hour for actual work performed. In no event shall the total compensation exceed the amount provided for in Paragraphs A and B hereof had the parcel acquisition or p~rtial taking been accomplished. For determining said maximum compensation, valuation shall be the last offering price made by the CITY/AGENCY. J. The total compensation for all services perfome~ ~rsuant to this agreement shall not exceed the sum of twenty five thousa~md dollars ( $25,000). CONTRACTOR acknowleoges that the CITY/AGENCY is under no obligation to compensate the CGNTRACTDR for services rendered or expenses accrued under this agreement in excess of the ~ximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its a~:tivities to ensure that the scope of services specified in Section I may be c~mpleted an~ no new changes accrued in excess of the maximum compensation ~uring the term of this agreement. In the event that the work required cannot be completed within the ,-mount specified, or it appears that the maximum cc.mpensation provided my be exceeded before the term of the agreement e~pires, CONTRACTOR shall promptly notify the CITY/AGENCY that an extension of t~is agreement, or modification ~ereof, my be initiated. -5- K. CONTRACTOR $hail tnvo$ce CITY/AGENCY fn the form and number of coptes requested by CITY/AGENCY for the amount of any compensation that may become payable to CONTRACTOR pursuant to thts Agreement, Payment shal~ be made by CITY/AGENCY v$thin th(rty (30} days after receipt of CONTRACTOR's tnvotce for payment, SECTION V! __~qutsttton Without Contractor's Services Notwithstanding any other provision of this agreement the CITY/AGENCY shall be entitled ~o acquire by sale or enter lnto any agreem,~nt to acqutre by sale any parcel at such prtce and upon such terms and conditions as the CITY/AGENCY may deem to be in tts best interests, rit~ardless of whether such acquisition or agreement is the result of an offer o the owner to sell such parcel made fn any manner other than through the CONTRACTOr(, In such event, the CONTRACTOR shall not be entttled to any compensation for servlces with respect to such parcel, , SECTION VII. No Agency Relationship , No Agency relationship between CITY/AGENCY or CONTRACTOR. Is intended or cre&ted by this Agreement, CONTRACTOR ls not authorized and shall not at any ttr~e or in any manner represent that tt is an agent, servant, or employee of CITY/AGENCY, it being expressly understood that CONTRACTOR is, and at ttmes shall remain a wholly independent CONTRACTOR, SECTION VIII. Termination Thts Agreement may be terminated at any time by etther party on thirty (30} days wrttten notice to the other, the effective date of cancellation betrig the 30th day of said ~rttten notice with no further actton being requtred by etther party, In the event of any ~uch ~ermtnation, CITY/ASENCY shall compensate CONTRACTOR for all servtzes completed by CONTRACTOR prior to date of such termination. CITY/AGENCY shall not be further obligated to CONTRACTOR by reason of such termination irrespective of whether CITY/AGENCY shall thereafter proceed with acquisition of a parcel or parcels to ~hlch the CO,TRACTOR made some contract or conducted some negotiations. SECTION IX, Notice Any notice given pursuant to thts Agreement shall be deemed received and effective when properly addressed, posted, and deposited fn the United States mat1 addressed to the respective parttes as follows: CITY/AGENCY: City of Chula Vtsta/Chula Vista Redevelopmerit Agency 276 Fourth Avenue Chula Vista, California 92010 CONTRACTOR: Security Land & Right of Nay Services, Inc. 4500 East Pacific Coast Highway, Sutte 320 Long Beach, Ca1 tfornta 90804 SECTION X. Non-Assfgnabtltty This contract may not be asstgned In whole or tn part without the prtor mutual written consent of both CITY/AGENCY and CONTRACTOR. SECTION XI. Equal Employment Opportunity CONTRACTOR agrees that during the performance of this Agreement, tt will not discriminate against any s,~ployee or applicant for employment because of race, creed, color, sex, age, or na~tonal oftgin. SECTION XIZ. Changes, Amendments an.~ Modifications No change, amendment, or modification to thts Agreer,~z~t shall De effective unless ttts in writtr, g and stgned by the parttes hereto. .>aCTION XIII. Zndemniffcatton CONTRACTOR agrees to indemnify the CITY/AGENCY and hold tt, its council, boards, conetsstons, officers, and employees free and harmless from and against any ~nd all claims, lawsuits, Judgments, costs, expenses, and attorney's fees on account of injury ~o persons or damage to property arising out of or resulting from the negligence or misconduct of the CONTRACTOR In the ~erformance of this Agreement. -7- !' limffr~'~'~f~ .....,,,--~-,,~-,~ ......~,~w-,~r~w-~,T~ ~.~,~,rs~,'-~r .............~ ......- ........~.~ ..... SECTION XIV, Confl lct of Interest CONTRACTOR presently has and shall acquire no Interest, direct or Indirect, which would constitute a confl(ct of interest or give the appearance of such conflict, No person havfng any such conflict of (nterest shall be employed or retained by CONTRACTOR under th(s agreement, CONTRACTOR specifically certifies, tn addition, that no promise of future employment or other consideration of any kind has been made to CONTRACTOR or any omplo.vee, agent, or repre.~entatlve of CONTRACTOR, regarding the subject matter of this agreement, or any future project fn which CONTRACTOR has an interest. SECTION XV. Insurance CONTRACTOR agrees to maintain comprehensive general liability and property hamage insurance covering all operat~onSs its agents and employees, ~nclud~ng but not l~mlted to, premises and automobiles, with a minimum coverage of $1,000,000 combined s~ngle limits. Evidence of this coverage, ~n the form of a Certificate of Insurance and Polky Endorsement which names the CITY/AGENCY as Additional Insured, shall be filed with the CITY/AGENCY prior to commencement of work under thts contract. CONTRACTOR further agrees to purchase and maintain Jn ful] force and effect such po}tctes as tjorkers' Compensation insurance in the statutory amount and Employer's Liability coverage In the amount of $500,000 as may be requ~Ped to cover all employees of CONTRACTOR durfng the term of the agreement. Certificates of Insurance acceptable to the CITY/AGENCY shal} be f~led wtth the CITY/AGENCY prior to con~nencement of work under this contract, SECTION XV Z, EnU,~, A9~e~nt The hereIn shall constitute the entire agreerant between the parties and supersedes all negotiaUons or previous agreerants bergen the parties wtth resp~t to all or arLY other of the subject mtter hereof, IN NITNESS WHEREOF, the parttes hereto have caused this Agreen~nt to be executed the day and year first ~rttten above, CITY CF CHULA VISTA, CHULA VISTA REDEVELOPHENT AGENCY, a · . ~ . By| , . By: By: SECURITY LAND AND RIGHT OF WAY SERVICES, INC., a California corporation ;4PC 2450A °9- ATTACHNENT CITY OF CHULA VISTA DISCLOSURE STATE~NT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OliqERSHZP INTERESTS ON ALL APPLI~ATZON$ ~IICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING CO~g4ISSION AND ALL OTHER OFFICIAL BODIES,., The following information must be disclosed: 1. List ~he names of all persons having a financial interest in the application, Security Land & Right of Way hrvtces: Inc, LIst the names of al1 persons havtng any ownership Interest tn the property Involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of ali individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Alfred Berest, President - 503 Kathryn Pugsley, Secretary-Treasurer 3. Zf any person 1denttried pursuant to (1) above is a non-profit organization or a trust, list the names of any person 'serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of bustness transacted with any member of Ctty staff, Boards, Comtsstons, Cnmtttees and Council within the past twelve months? Yes No If yes, please indicate person(s) No ]Person is defined as: "Any individual, 'f~rm, copartnership, Joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other p_2olitical subdivision, or any other group or combination acttn s a unit," (NOTE: Attach additional pages as necessary..~_~%' ~ ' ' ' ' Y~'Si~]~_tu ~.~/~"/""' ~/~pubT 'appit 'n ~dr~.T Kathr n slay, ~e~ret teasurer Y g WPC O701P A*I10 15'tint or type name of applicant ::. .. ,...' T..