HomeMy WebLinkAbout2009 CON CDC PGP Valuation - Real Estate Appraisal ServicesAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
PGP VALUATION INC.
THIS AGREEMENT is entered into this 15th day of September, 2009, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY,
a community development commission (the "CDC"), and PGP VALUATION, INC, a real estate
appraiser (the "CONSULTANT".
RECITALS
WHEREAS, the CDC desires to employ a CONSULTANT to provide real estate
appraisal services for the Sun Diego Charter site at 2020 Hoover Avenue and the City Transit
Yard at 522 West 8th Street, both in National City,California.
WHEREAS, the CDC has determined that the CONSULTANT is a real estate
appraiser and is qualified by experience and ability to perform the services desired by the CDC,
and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT1. The CDC hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set
forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONTRACTOR/CONSULTANT [CHOOSE
ONE] will perform services as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CDC for such services, except as authorized in
advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep
staff and City Council advised of the progress on the project.
3. PROJECT COORDINATION AND SUPERVISION.
Patricia Beard hereby is designated as the Project Coordinator for the CDC and
will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a
single Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONSULTANT. Michael Thiel thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be paid in one lump sum within 30 days after the satisfactory completion of
the appraisal projects. Billings shall include labor classifications, respective rates, hours worked
worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not
exceed $5,500.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CDC
and for fumishing of copies to the CDC, if requested.
5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the CDC shall each prepare a report which supports their
position and file the same with the other party. The CDC shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit " A ".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC
for use with respect to this Project, and shall be turned over to the CDC upon completion of the
Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the
CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans,
specifications or other work prepared under this agreement, except upon the CDC's prior
authorization regarding reproduction, which authorization shall not be unreasonably withheld. The
CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work
product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any
residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property
and artistic works.
Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but
only with respect to the effect of the modification or reuse by the CDC, or for any liability to the
CDC should the documents be used by the CDC for some project other than what was expressly
agreed upon within the Scope of this project, unless otherwise mutually agreed.
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City's Standard Agreement — May 2008 revision
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's
employees are employee of the CDC and are not entitled to any of the rights, benefits, or
privileges of the CDC's employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the
CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a
substantial inducement to the CDC for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor
any interest herein may be assigned by the CONSULTANT without the prior written consent of the
CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or subCONSULTANTs, as the
CONSULTANT may deem necessary for the proper and efficient performance of this Agreement.
All agreements by CONSULTANT with its subCONSULTANT(s) shall require the
subCONSULTANT to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CDC nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to represent
that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any
manner agents, servants or employees of the CDC, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The
CONSULTANT, in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted. The
CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of
National City business license prior to and during performance of any work pursuant to this
Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants that
the CONSULTANTshall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to
practice its profession.
12. STANDARD OF CARE
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
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City's Standard Agreement— May 2008 revision
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONSULTANT's professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CDC are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any
increased costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS.The
CONSULTANTshall not discriminate against any employee or applicant for employment because
of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition.The CONSULTANT will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such action
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to
post in conspicuous places available to employees and applicants for employment any notices
provided by the CDC setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONSULTANT certain confidential information to enable the CONSULTANT
to effectively perform the services to be provided herein. The CONSULTANT shall treat all such
information as confidential and shall not disclose any part thereof without the prior written consent
of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within
its own organization, to the extent necessary to perform the services to be provided herein. The
foregoing obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the
CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in
the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or
is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that
the use or disclosure thereof has been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm or corporation.
CONSULTANT shall be liable to CDC for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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City's Standard Agreement — May 2008 revision
15. INDEMNIFICATION AND HOLD HARMLESS. The
CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from any and all
liability, loss, damages to property, injuries to, or death of any person or persons, and all claims,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind
or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT's negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify,
and hold harmless the CDC and its officers, and employees from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature and description, including
reasonable attorney's fees and defense costs presented, brought or recovered against the CDC
or its officers, employees, or volunteers, for or on account of any liability under any of said acts
which may be incurred by reason of any work to be performed by the CONSULTANT under this
Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out
of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet statutory
requirements covering all of CONSULTANT'S employees and employers' liability insurance with
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of
subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of
work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CDC, its
officers, employees, and volunteers, so that any other policies held by the CDC shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and workers' compensation
policies, shall name the CDC and its officers, agents and employees as additional insureds, and
separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
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City's Standard Agreement — May 2008 revision
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the National City Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus
Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the
failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CDC.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees
incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount
of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the
American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating
to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by
arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the
AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice
to the CONSULTANT. During said 60-day period theCONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC for cause
in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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City's Standard Agreement — May 2008 revision
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written
material shall vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this Agreement
upon: (1) the filing of a petition in bankruptcy affecting the
CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a
business reorganization, change in business name or change in business status of the
CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal
Express or the like); or sent by registered or certified mail, postage prepaid, return receipt
requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or
sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if
personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if
sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To the CDC:
George Eiser, Attorney
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR/CONSULTANT [CHOOSE_ONE]:
Michael Thiel, MAI
PGP Valuation, Inc.
750 B St # 3250
San Diego, CA 92101-8192
Notice of change of adE14-ess-ha11 be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight
(48) hours by letter mailed or delivered as specified in this Section.
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City's Standard Agreement— May 2008 revision
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material
for the project in which the CONSULTANT has a material financial interest, either direct or
indirect, without first notifying the CDC of that fact. The
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and
shall not use its official position to influence in any way any matter coming before the CDC in
which the CONSULTANT has a financial interest as defined in Government Code Section 87103.
The CONSULTANT represents that it has no knowledge of any financial interests that would
require it to disqualify itself from any matter on which it might perform services for the CDC.
❑ If checked, the CONSULTANT shall comply with all of the reporting require-
ments of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONSULTANT shall obtain from the City
Clerk.
The CONSULTANT shall be strictly liable to the CDC for all damages, costs or
expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in this
Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
8
City's Standard Agreement — May 2008 revision
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors
as such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
COMMUNITY DEVELOPMENT COMMISSION PGP Valuation, Inc.
OF THE CI o TIONAL CITY (Corporation — signatures of two corporate
officers)
By:
cutive Director By:
(Name)
v'z,E, Proms i.b417
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
(Title)
(N., me)
/tAaaa0).reG7
(Title) i/
9
City's Standard Agreement— May 2008 revision
Jardine Lloyd Thompson Canada Inc. Certificate of Insurance
AJLT
Vancouver 16th Floor, 1111 West Georgia Street, Vancouver, B.C. Canada V6E 4G2 Telephone: (604) 682-4211 Facsimile: (604) 682-3520
Certificate No. 2008/09-180(R1)
Certificate Holder:
PGP Valuation Inc
5796 Armada Drive, Suite 210
Carlsbad, CA
92008 USA
Description: Evidence of Insurance
Name of Insured: CMN Inc.
This is to certify that the policies 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 conditions of such policies. Limits shown may have been reduced by paid
claims/expenses.
These statements have been made in good faith and are a summary of the insurance cover in force (which is subject to the full terms and conditions of
the policy). We accept no responsibility whatsoever for any inadvertent or negligent act, error or omission on our part in preparing these statements or
for any loss, damage or expense thereby occasioned to any recipient of this certificate.
f Insurance
Professional
Liability
umbe
:e
AIG Commercial December 1, 2008 to
Insurance Company December 1, 2009
Policy No. 981 20 41
Per Occurrence/ Claim and
Aggregate Liability Limit
USD 1,000,000
Terms and Conditions
This certificate is issued for convenience only. All of the terms and Conditions of the Policies referred to are contained in the original document which are not
modified or amended by this Certificate. With respect to Liability Insurance Coverages, where an Aggregate limit applies, the Certificate Holder is advised
that the limit shown may apply to products/completed operations or projects other than shown on this certificate and the limit may be reduced by
Claims/Expenses Paid.
Dated: August 31, 2009
Jardine Lloyd Thompson Canada Inc.
Per.
INFORMATION PAGE (Continued) Policy Number: 57 WE IX1092
3. A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the
states listed here: CA
to work (n each state fisted in item $.A.
B. Employers Liability Insurance: Part Two of the policy applies
The limits of our liability under Part Two are: accident
Bodily injury by Accident Si, 000, 000 eachlimit
Bodily injury by Disease $1, 000, 000 policy
Bodily injury by Disease $1, 000, 000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any , listed here:
CO
r-
o ALL STATES EXCEPT ND, OH, WA, WY, AND
STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE.
D. This policy includes these endorsements and schedule:
WC 99 00 05 WC 00 04 06 WC 00 04 22A WC 04 03 03 WC 04 03 06
SEE ENDT
Kour
-i 4. The premium for this policywill
be below is subject to verifacataon and Rules,ls of Classifications,
by audit Rates and Rating
Plans. All information
Premium Basis Estimated
o Total Estimated Rates Per
Ln
Classifications Annual $100 of Annual
* Code Number and Remuneration Remuneration Premium
Description
...,— (SEE ATTACHED SCHEDULES)
-1,b26
CA TERRITORIAL DIFFERENTIAL PREMIUM 9689 (0.970)
mm TOTAL PREMIUM SUBJECT TO EXPERIENCE MODIFICATION 52,636,6
CA - INTRA EXPERIENCE MODIFICATION 4276099 44,2140
__` PREMIUM ADJUSTED BY APPLICATION OF EXPERIENCE MODIFICATION -8,843
CA - SCHEDULE MODIFICATION (0.800) (9B87) 35,371
PREMIUM ADJUSTED BY SCHEDULE MODIFICATION 35,371
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM PREMIUM DISCOUNT 3.0 PERCENT -1,Ofi06
EM
l
EXPENSE CONSTANT (0900) 2.000 PERCENT 7380
USERRWEg CA FUNDINEG ASSESSMENT SURCHARGE 1.3583 PERCENT 501
mmie
USN3956 PERCENT 146
GE FRAUD ASSESSMENT 0.83
CA UNINSD EMPL BENEFIT TRUST FUND 0.2241 PERCENT 31
CA SUBSEQ INJ BENEFITS TRUST FUND 0.0827 PERCENT 1
CA OCCUP SAFETY AND HEALTH FUND 0.1185 PERCENT .030 2,444
Imailla
TERRORISM (9740) 8,305,70038,445
_ TOTAL ESTIMATED ANNUAL PREMIUM
Total Estimated Annual Premium:
$38,445
Deposit Premium: $38,445
Policy Minimum Premium: $500 CA (INCLUDES INCREASED LIMIT MIN. PREM. )
-_-.... Interstate/Intrastate Identification Number: / 4276099
NAILS:
SIC: 6531
Labor Contractors Policy Number:
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 03 / 0 6 / 09
Page 2
Policy Expiration Date: 0 5 / 01 / 10
92 (Policy Provisions: WC 00 00 00 A)
10
IX INFORMATION PAGE
WE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
INSURER: HARTFORD INSURANCE COMPANY OF THE MIDWEST
HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115
M
CO
r
*3500257IX10920101
t-
Fi
50
MEM
50
O
OM
NCCI Company Number:
Company Code: G
20605
POLICY NUMBER:
Previous Policy Number:
HOUSING CODE: DE
1. Named Insured and Mailing Address: PGP VALUATION, INC.
(No., Street, Town, State, Zip Code)
5796 ARMADA DR STE 210
FEIN Number: 431114929 CARLSBAD, CA 92008
State Identification Number(s):
THE
HARTFORD
Suffix
LARS RENEWAL
The Named Insured is: CORPORATION
Business of Named Insured: REAL ESTATE APPRAISALS
Other workplaces not shown above: AS STATED AND ELSEWHERE IN CALIFORNIA
2. Policy Period: From 05/01/09 To 05/01/10
12:01 a.m., Standard time at the insured's mailing address.
Producer's Name: COLTON INSURANCE ASSOCIATES
8837 ELK GROVE BOULEVARD
ELK GROVE, CA 95624
121669
THE HARTFORD
3600 WISEMAN BLVD.
SAN ANTONIO
(800) 447-7649 $38,445
Total Estimated Annual Premium: $38, 445
Deposit Premium:
Policy Minimum Premium: $500 CA (INCLUDES INCREASED LIMIT MIN. PREM. )
Audit Period: ANNUAL Installment Term: (/}
The policy is not binding unless countersigned by our authorized e i ve
Countersigned by
Producer's Code:
Issuing Office:
01
(SEE ENDT)
Form WC 00 00 01 A (1) Printed in U.S.A.
Process Date: 03/06/09
TX 78251
Authorized Representative
Date
Page 1 (Continued on next page)
Policy Expiration Date: 05/01/10
ORIGINAL
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Della, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
October 12, 2009
Mr. Michael Thiel
PGP Valuation, Inc.
750 B Street #3250
San Diego, CA 92101-8192
Dear Mr. Thiel,
On September 15th, 2009, an agreement was entered between the Community
Development Commission of the City of National City and PGP Valuation, Inc.
We are enclosing for your records a fully executed original agreement.
Sincerely,
4,
&A
Michael R. Della, CMC
City Clerk
Enclosure
cc: Community Development Commission