HomeMy WebLinkAbout2010 CON CDC Tierra West Advisors - Redevelopment Plan AmendmentAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
TIERRA WEST ADVISORS, INC.
THIS AGREEMENT is entered into this 2nd day of February, 2010, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, a community development commission (the "CDC"), and TIERRA WEST ADVISORS,
INC., real estate and redevelopment consultants (the "CONSULTANT").
RECITALS
WHEREAS, the CDC desires to employ a CONSULTANT to provide professional
services to amend the Redevelopment Plan for the National City Redevelopment Project as
follows:
• Extend the life of the existing Project Area by 10 years,
• Increase the tax increment for affordable housing from 20-percent to 30-
percent,
• Extend the existing power of eminent domain for 12 years.
WHEREAS, the CDC has determined that the CONSULTANT is a real estate
and redevelopment consultant 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 CONSULTANT. 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 CONSULTANT 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. Mike Garcia thereby is designated as
the Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit "A" shall not exceed $170,965 (the Base amount)
without prior written authorization from the Executive Director. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A" and billed consistent with the fee schedule in
Exhibit "A", as determined by the CDC.
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 furnishing 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
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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.
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,
unemployment, 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 CONSULTANT shall, 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
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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.
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 CONSULTANT shall 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.
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CONSULTANT shall be liable to CDC for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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.
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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
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 the CONSULTANT 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.
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C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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:
To the CONSULTANT:
Brad Raulston, Executive Director
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-4301
Mike Garcia, Principal
Tierra West Advisors, Inc.
2616 East 3rd Street
Los Angeles CA 90033
Telephone 323-265-4400
Notice of change of address shall 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
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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.
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
requirements 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.
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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 made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
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
OF THE OF NATIONAL CITY
on Morrison, Chairman
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
TIERRA WEST ADVISORS, INC.
(Corporation — signatures of two corporate
officers)
(Partnership — one signature)
(Sole proprietorship — one signature)
By: / IUdL otGl
(Name)
IV9 G ,y7.c1
(Title) /
By:
(Name)
( itle) I
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City's Standard Agreement — May 2008 revision
EXHIBIT A
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City's Standard Agreement — May 2008 revision
TIERRAWET
1 S o R
PROPOSAL FOR REDEVELOPMENT
PLAN AMENDMENT SERVICES
Community Development Commission
of the City of National City
IL
December 11, 2009
Mr. Brad Raulston, Community Development Director
Ms. Patricia Beard, Redevelopment Manager
City of National City
1243 National City Blvd
National City CA 91950
REVISED PROPOSAL FOR PLAN AMENDMENT SERVICES
Dear Mr. Raulston and Ms. Beard:
Tierra West Advisors, Inc. ("Tierra West") is pleased to provide this revised proposal for the
preparation of a redevelopment plan amendment to the National City Downtown Project Area
(the "Project Area"). The amendment to the redevelopment plan for the Project Area proposes
to extend the power of eminent domain for an additional twelve years and extend the life of
the Project Area ("Amendment") by ten (10) years per Health and Safety Code Section
33333.10 for the Community Development Commission of the City of National City
("Commission"). The partners from Tierra West are very experienced with redevelopment plan
amendments and well versed in California Community Redevelopment Law. This revised
proposal includes optional public improvement and code violation surveys that can be
undertaken by Tierra West during the process of conducting the blight field survey for the
Amendment.
Tierra West has extensive experience conducting blight studies and adopting and amending
redevelopment plans, and is familiar with the new requirements for blight documentation,
school district impact reports, Department of Finance and Housing Et Community Development
Department reports and scheduling that have changed in the past three years as a result of
legal decisions in Lake Forest and Senate Bills 53, 1206, 1210 and 1809. Tierra West would
provide all necessary document preparation, scheduling, processing, and noticing required for
the Amendment.
Recent Tierra West plan amendment projects include the following:
REAL ESTAiEft REDEVELCPNIENT
CONSULTANT
) : R
AWEST'
• Azusa Redevelopment Agency amendments to extend the life of the redevelopment
plan, increase the tax increment limit, re -instate eminent domain, and add territory -
Adopted June 2008;
• Bell Gardens Community Development Commission eminent domain amendment - In
Progress;
• Commerce Community Development Commission amendments to extend the life of the
redevelopment plan, increase the tax increment limit - In Progress; and
• Guadalupe Redevelopment Agency amendments to increase the tax increment limit
and re -instate eminent domain - Adopted June 2009.
• Hawaiian Gardens Redevelopment Agency amendments to extend the life of the
redevelopment plan and increase the tax increment limit - In Progress; and
• Community Redevelopment Agency of the City of Los Angeles amendments to add
territory and re -instate eminent domain in the Harbor Industrial Project Area - In
Progress.
Tierra West proposes to provide the required services for an amount not -to -exceed $160,300
(this amount does not include Optional Services for conducting the mailings, public
infrastructure inventory or code enforcement inspections) within an eighteen (18) month
timeframe. The proposed fee estimate and amendment timeline assumes that coordination
with Commission staff to achieve efficiencies for the data collection, research, meeting
scheduling, internal Commission review of documents and community liaison/outreach
portions of this Amendment process.
Should you have any questions or alterations to the Scope of Services provided in this
proposal, please feel free to contact us at (323) 265-4400 or Mike Garcia on his cell phone at
(714) 309-1104.
Sincerely,
TIERRA WEST ADVISORS
7-4„/„C
Michael Garcia
Principal
REAL ESTA' E, REDEVELOPMENT
CONSULTANTS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
SCOPE OF SERVICES
Section 33354.6 of the Health and Safety Code, California Community Redevelopment Law (the
"CRL") establishes those Plan Amendments that require a plan adoption process. This proposed
Eminent Domain Amendment and extension of the Life of the Redevelopment Plan will need
to follow the full plan amendment process, which is the same for the adoption of a new project
area.
Tierra West provides a comprehensive service portfolio for Project Area Plan Adoptions and
Amendments, including the preparation of all necessary documents, coordination of the efforts
of Commission staff, special counsel, other project consultants, and preparation for and
participation in community, Commission and City Council meetings. Tierra West will provide
the following:
1. Detailed Parcel Level Field Reconnaissance/Blight Study -Tierra West will
conduct a Blight will be documented at the parcel level with emphasis on
remaining blight and the blight definition utilized at the time the Project Area was
adopted. The parcel level survey will also incorporate data that will helpful to
current and future City Staff code enforcement efforts. To the extent possible, the
data will be collected and displayed in a fashion compatible to the existing GIS
System utilized by the City of National City. Tierra West has technical staff with
extensive GIS experience (Blake Hopkins) who will incorporate the data in the
appropriate GIS format for National City.
Tierra West Advisors has developed a data collection system utilized in Los
Angeles that has proven to be successful in legal challenges faced by the
Community Redevelopment Agency of the City of Los Angeles (CRA/LA). Tierra
West has combined this field survey blight form with its own blight form to
incorporate additional blighting factors. Tierra West will use this improved upon
field survey form during the blight analysis.
Blight analysis will be quite extensive due to changes in the blight requirements
for redevelopment plan amendments. To extend the life of the redevelopment plan
a parcel level analysis of blight will be conducted for the entire Project Area and
will pay particular attention to remaining blight within the Project Area.
441
v TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Specific research objectives of the blight analysis will include the tabulation of
land use, building/property conditions, specific problems, historical assessed
values, building code violations, crime analysis, hazardous material issues, lease
rates, and assessment appeals among others. Blight will be documented with
emphasis on identifying the need for the extension of the life of the
Redevelopment Plan to address remaining blight.
2. Environmental Documentation- Coordination with the selected Commission
Environmental Consultant - Tierra West will coordinate with the Environmental
Consultant preparing the environmental documentation.
3. Preliminary Plan and Amendment Text for Redevelopment Plan - Tierra West
will prepare Preliminary Plan, the amendment text for the Redevelopment Plan and
the staff reports and resolutions for the Planning Commission and Community
Development Commission meetings.
4. Taxing Agency and Public Notices and Consultations - Tierra West will prepare
all taxing agency and public notices, and ensure that they are ready for transmittal
in the time frames required by the CRL. Tierra West will coordinate the printing,
assembly and transmittal of the required mailing if the Commission desires. Tierra
West will work in a collaborative effort with the Commission's staff to consult with
the San Diego County staff for this Amendment. Tierra West anticipates that the
Amendment will require consultation meetings with County Administrative staff
since the proposed Amendment will increase the life of the Redevelopment Plan.
5. Outreach Coordination - Tierra West assumes in this proposal that outreach
efforts will be necessary for the Plan Amendment. Tierra West will provide advice
and assist in coordinating meetings with interested groups and parties that actively
opposed the previous effort by the Commission to reinstate eminent domain. Since
the eminent domain amendment language for the redevelopment plan will not
include authority over residential property Tierra West assumes a Project Area
Committee will not be necessary.
6. Owner Participation Rules (Optional) - Tierra West assumes in this proposal that
the Commission's Owner Participation Rules previously adopted for the Project
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Area will not need to be amended. The CRL requires that the Commission give
preference to existing property owners and business tenants to participate in
redevelopment activities. To accomplish this, the Commission adopted procedures
called "Owner Participation Rules." Tierra West will review the existing document
in consultation with staff and legal counsel.
7. Method of Relocation (Optional) - Tierra West assumes in this proposal that the
Commission's Owner Participation Rules will not need to be amended. The CRL
requires that the Commission adopt a plan that sets forth the procedures and
benefits the Commission provides to any person or business that must be relocated
as a result of Project Area implementation activities. Tierra West will review the
existing document for possible modification.
8. Blight Documentation Reports (Preliminary Report, Housing and Community
Development ("HCD") Et Department of Finance ("DOF) Report and Report to
the City Council) - Tierra West will prepare the required Preliminary Report,
HCD/DOF Report and Report to the City Council. These Reports must include the
following:
a. The rationale for extending the power of eminent domain for an additional
twelve years and extending the life of the redevelopment plan;
b. Proposed projects and why private enterprise acting alone cannot accomplish;
c. The reasonableness of the redevelopment project programs;
d. Evidence of consultation with affected citizens, property owners, and taxing
agencies;
e. Compliance with the California Environmental Quality Act (CEQA); and
f. An intensive analysis of the physical and economic blighting conditions
present in the Project Area.
These Reports form the basis for a defense against legal challenges, if any, to the
extension of eminent domain authority and the life of the redevelopment plan. The
Reports also allows the Commission to evaluate the financial feasibility and
desirability of the proposed redevelopment implementation projects and programs.
Tierra West will prepare the Reports in simple, direct language that is
understandable to all reviewing parties.
V TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
The Reports will include, a blight map, detailed financial analysis of the anticipated tax
increment revenue and blight documentation to justify the Amendment to the
satisfaction of affected taxing agencies and other potential project opponents.
9. Joint Public Hearing Notice - Tierra West, in cooperation with Commission staff,
will prepare the property owner, residential and business occupant, community
organization and taxing agency address lists and mailing labels for the
redevelopment project area. The public notice for the hearing will be posted in a
newspaper of general circulation once a week for four (4) successive weeks. A
copy of the notice of the hearing will be mailed (via first class mail at least 30 days
prior to the hearing) to all property owners, businesses, residents and persons
within the Project Area. A certified mailed notice of the hearing (via certified mail
with return receipt requested) to the governing body of each affected taxing
agency at least 30 days prior to the hearing. Finally, after the hearing and
adoption of the amending ordinance, the ordinance should be recorded and
transmitted to various government entities.
Tierra West will assume the responsibility of transmitting these notices for a
separate fee, if the Commission desires. The cost of the certified mailings to the
affected taxing agencies and the required first class mailings to all property
owners, businesses, residents and persons within the Protect Area will not be
known until the mailing labels are prepared.
Tierra West will distribute twelve (12) project binders for the joint public hearing.
Tierra West will maintain a binder that will serve as a document reference file for
the adoption of the ordinance at the joint public hearing. The binders will contain
all transmittals, maps, certified mailing receipts, and documents necessary for the
City Council/Commission Board consideration at the joint public hearing.
10. Attendance at Meetings and the Public Hearing - Tierra West will attend all
project management team/staff meetings, community information meeting, and
Commission Board meetings. The number of meetings included is outlined in
"Included Work Products."
�TIERRAWEST
ADVISOR S
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
11. Adoption Follow -Up - Tierra West will assist in transmitting the adopted
ordinance to the newspaper for publication, recording necessary documents and
mailing necessary final documents to the State, County and affected taxing
agencies.
12. Coordination, Scheduling and Preparation of Staff Reports and Resolutions -
Tierra West will coordinate all aspects of the Plan Amendment process. Tierra
West will draft all necessary staff reports, and resolutions. Tierra West will
develop and maintain a detailed amendment schedule that outlines all required
tasks, agenda deadlines, meeting dates and responsible parties. The amendment
schedule will set a timeline that allows sufficient time for document review and
comment.
INCLUDED WORK PRODUCTS/PROCESSES
Plans/Reports for the Project Area:
• Preparation of a Preliminary Plan
• Preliminary Report
• School District Impact Report for DOF
• HCD/DOF Report
• Report to Council
• Six (6) Staff Reports and the accompanying Resolutions
• Response to Public Hearing Comments
• Twelve (12) Amendment packets for the Joint Public Hearing
Address Labels/Notices:
• Property owner, occupant and taxing agency information for the mailings
Scheduling:
• Prepare, monitor and update the plan adoption schedule
�TIERRAWEST
ADVISOR S
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Coordination:
• Coordinate collaboratively with the Commission's staff for the preparation of all
documents; monitor and coordinate of the activities of the Commission legal counsel
and the environmental consultant team.
Meetings:
• The Project Manager will attend the following meetings for the Plan Amendment:
Number of Meetings
Staff/Legal Counsel Meeting/Taxing Agency 11
Commission/City Council/Planning Commission 3
Community Information Meeting 1
Public Hearings 2
Additional meetings will be charged on a time -and -materials basis at the hourly rates
presented in this proposal.
SCHEDULE
Tierra West anticipates completion of this project within 18 months. Once awarded, Tierra
West will prepare a formal project area adoption schedule in consultation with Commission
staff. The environmental documentation and the plan amendment can be accomplished
concurrently.
FEE PROPOSAL
Tierra West proposes to provide the Scope of Services, based on the actual time and materials
spent for an amount not -to -exceed $160,300 for preparation of the Plan Amendment. This
proposed budget assumes that the Commission will enter into a separate contract with an
environmental consultant to prepare the environmental documentation necessary for the
Amendment. Tierra West is available to coordinate the hiring of an environmental consultant
for this assignment.
Tierra West proposes to complete this work on a time -and -materials basis at our standard
hourly rate structure shown below.
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Classification Rate
Principal/Director $195
Senior Associate $160
Associate/Acquisition Agent $140
Senior Analyst $115
Analyst $105
Research Assistant/Real Estate Technician $ 85
Word Processor $ 65
Clerical $ 50
Reimbursables Cost plus 100/o
It is Tierra West's policy not to charge clients for mileage, parking, telephone/fax expense,
postage and incidental copies. We do, however, charge for additional insured certificates,
messenger services, overnight mail costs, and copies of reports, documents, notices, and
support material in excess of five (5) copies. These costs are charged at actual expense plus a
10% surcharge.
The following provides a detailed budget for the Tierra West Plan Amendment services and the
initials in the detailed budget are abbreviations in the following budget tables for the members
of the project team:
MG — Mike Garcia, RC — Regan Candelario, ZU - Zoe Urrutia, BH — Blake Hopkins and AB -
Alexandra Bassanetti
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Task No.
Scope of Service Staff
Hours
Rate
Amount
Subtotal
Taxing Entities Consultations, Principal (MG)
60
195
$11,700
l
Outreach effort and Scoping Senior Associate (RC)
15
160
$2,400
Meetings with staff Senior Analyst (ZU)
15
115
$1,725
Analyst/GIS Analyst (BH)
30
105
$3,150
Research Assistant (AB)
5
85
$425
S19,400
Principal (MG)
10
195
$1,950
2
Preliminary Plan, Statement of Senior Associate (RC)
Preparation, Staff Reports and
8
160
$1,280
Resolutions Senior Analyst (ZU)
4
115
$460
Analyst/GIS Analyst (BH)
6
105
$630
Research Assistant (AB)
6
85
$510
$4,830
Principal (MG)
40
195
$7,800
Parcel Level Field Survey, Senior Associate (RC)
24
160
$3,840
3
detailed Blight Analysis, data Senior Analyst (ZU)
base devlopmcnt, and real estate
70
115
$8,050
analysis Analyst/GIS Analyst (BH)
110
105
S11,550
Research Assistant (AB)
240
85
$20,400
$51,640
Principal (MG)
6
195
$1,170
School District Consultation for Senior Associate (RC)
10
160
$1,600
4
Department of Finance Senior Analyst (ZU)
20
115
$2,300
Documents and meetings (3) Analyst/GIS Analyst (BH)
6
105
$630
Research Assistant (AB)
4
85
$340
$6,040
Principal (MG)
8
195
$1,560
Schedule and coordination with Senior Associate (RC)
10
160
$1,600
5
Senior Analyst (ZU)
5
115
$575
CEQA Consultant Analyst/GIS Analyst (BH)
0
105
$0
Research .Assistant (AB)
0
85
$0
$3,735
Principal (MG)
10
195
$1,950
Redevelopment Plan Textual Senior Associate (RC)
12
160
$1920
6
Amendment, Staff Reports and Senior Analyst (ZU)
5
115
$575
Resolutions Analyst/GIS Analyst (RH)
10
105
$1,050
Research Assistant (AB)
5
85
$425
$5,920
Principal (MG)
6
195
$1,170
Mailing Labels for taxing Senior Associate (RC)
4
160
$640
7
entities, property owners and Senior Analyst (Z[i)
tenants for Joint Public Hearing
5
115
$575
mailings Analyst/GIS Analyst (BH)
15
105
$1,575
Research Assistant (AB)
20
85
$1,700
$5,660
Principal (MG)
30
195
$5,850
Preliminary Report, Department Senior Associate (RC)
Finance HCD Reports,
24
160
$3,840
8
of and
Senior Analyst (ZU)
and Staff Reports and
45
115
$5,175
Resolutions Analyst/GIS Analyst (BH)
50
105
$5,250
Research Assistant (AB)
60
85
$5,]00
$25,215
Principal (MG)
20
195
$3,900
Report to Council, Staff Report Senior Associate (RC)
24
160
$3,840
9
Senior Analyst (ZIJ)
and Resolution
38
115
$4,370
Analysl/GIS Analyst (BH)
34
105
$3,570
Research Assistant (AB)
26
85
$2,210
$17,890
Principal (MG)
12
195
$2,340
Community Information Senior Associate (RC)
10
t60
$1,600
10
Meeting, Joint Public Hearing, Senior Analyst (ZU)
staff reports and resolutions and
18
115
S2,070
PowerPcintpresemations Analyst/GIS Analyst (Bit)
10
105
51.050
Research Assistant (AB)
0
85
$0
$7,060
Principal (MG)
34
195
$6,630
Response to Joint Public Senior Associate (RC)
10
160
$1,600
11
Hearing Comments and Final Senior Analyst (ZU)
18
115
$2,070
Filings Analyst/GIS Analyst (BH)
20
105
$2,100
Research Assistant (AB)
6
85
$510
$12,910
(TOTAL I
I
I
I
I
160,300
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
OPTIONAL SERVICES - PUBLIC INFRASTRUCTURE INVENTORY
Tierra West is available to provide additional services to assist the City in conducting a public
infrastructure inventory. Tierra West can assist the City in its efforts to address a lack of
public infrastructure improvements that are affecting the Project Area. Tierra west anticipates
collecting information regarding the condition of sidewalks, curbs, gutters, pedestrian ramps,
street lights, street instructional signs, street patch/potholes, bike lane striping, and number of
trees on properties.
Tierra West will work with Commission and City staff to determine the format of the
information to be obtained, the conditions to be surveyed and finalize the public infrastructure
survey form. Tierra West proposes to provide these Optional Services, based on the actual time
and materials spent for an amount not -to -exceed $4,045.
PROPOSED BUDGET FOR PUBLIC INFRASTRUCTURE INVENTORY
Task No.
Scope of Service Staff
Hours
Rate
Amount
Subtotal
Principal (MG)
1
195
$195
Develop form revise blight Senior Associate (RC)
0
160
$0
1
survey form for conducting Senior Analyst (ZU)
public infrastructure and public
1
115
$1 15
improvements inventory. Analyst/GIS Analyst (BH)
4
105
$420
Research Assistant (AB)
0
85
$0
$730
Principal (MG)
1
195
$195
Coordinate with Commission Senior Associate (RC)
0
160
$0
2
staff the data to be collected. Senior Analyst (ZU)
0
1 15
$0
Analyst/GIS Analyst (BH)
2
105
$210
Research Assistant (AB)
0
85
$0
$405
Principal (MG)
3
195
$585
Conduct the field survey and Senior Associate (RC)
2
160
$320
3
collect public infrastructure Senior Analyst (ZU)
7
115
$805
information. Analyst/GIS Analyst (BH)
8
105
$840
Research Assistant (AB)
0
85
$0
$2,550
Principal (MG)
0
195
$0
Revise the database and input the Senior Associate (RC)
0
160
$0
4
information in the field. Senior Analyst (ZU)
0
115
$0
obtained
Analyst/GIS Analyst (BH)
1
105
$105
Research Assistant (AB)
3
85
$255
S360
TOTAL
I
33
$ 4,045
TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
OPTIONAL SERVICES - CODE ENFORCEMENT DOCUMENTATION
Tierra West is also available to provide additional services to assist the City in conducting a
code enforcement documentation that City staff can utilize for conducting code enforcement
inspections and issuance of violations regarding the following code violations:
• Lack of numbered address on residence
• Temporary electrical power/lighting
• Clotheslines visible from street
• Driveway/private sidewalk damaged
• Wall/fence/hedge in disrepair
• Porch/patio/balcony not for storage
• Occupancy of trailer outside of park
• Do not obstruct public right-of-way
• Move trash cans out of public view
• Grass/weeds must be under 6 inches
• Accumulation of rubbish on premises
• Inoperative vehicles in public view
• Auto repair business -residence
• Excess noise from motors
• Excess driveway width
• No patio covers/tents in front yard
• Carport structure must be compatible
• Vehicle parking must be in driveway
• Cannot store stuff in driveway/yard
• Commercial vehicles stored on residence
• Landscaping not maintained
• Front yard fence height
• Public view of chain link fencing
• Garage must be available for parking
• Wood surfaces not weather protected
• Habitation of garage or shed
• Vehicles with "For Sale" signs
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Tierra West will work with Commission and City staff to determine the format of the
information to be obtained, the code violations to be surveyed and finalize the format of the
code enforcement forms. Tierra West proposes to provide these Optional Services, based on
the actual time and materials spent for an amount not -to -exceed $6,620.
PROPOSED BUDGET FOR PUBLIC INFRASTRUCTURE INVENTORY
Task No.
Scope of Service Staff
Hours
Rate
Amount
Subtotal
Principal (MG)
1
195
$195
Develop form revise blight Senior Associate (RC)
0
160
$0
1
survey form for conducting Senior Analyst (ZU)
public infrastructure and public
1
115
$115
improvements inventory. Analyst/GIS Analyst (BH)
4
105
$420
Research Assistant (AB)
0
85
$0
$730
Principal (MG)
1
195
$195
Coordinate with Commission Senior Associate (RC)
0
160
$0
2
staff the data to he collected. Senior Analyst (ZU)
0
115
$0
Analyst/GIS Analyst (BH)
2
105
$210
Research Assistant (AB)
0
85
$0
$405
Principal (MG)
6
195
$1,170
Conduct the field survey and Senior Associate (RC)
4
160
$640
3
collect public infrastructure Senior Analyst (ZU)
12
115
$1,380
information. Analyst/GIS Analyst (BH)
16
105
$1,680
Research Assistant (AB)
0
85
$0
$4,870
Principal (MG)
0
195
$0
Revise the database and input the Senior Associate (RC)
0
160
$0
4
information in field. Senior Analyst (ZU)
0
1 I5
$0
obtained the
Analyst/GTS Analyst (BH)
1
105
$105
Research Assistant (AB)
6
85
$510
$615
TOTAL
54
$ 6,620
PROJECT TEAM AND QUALIFICATIONS
Tierra West proposes to manage this project through the assignment of a principal of the firm
in order to provide experienced staff to interface with City staff and key stakeholders. The
assigned Principal will serve as Project Manager for the Amendment to ensure that
communication with City staff is properly conveyed to other Tierra West team members. After
an initial scoping meeting with City staff, Tierra West will confirm a schedule that will outline
all important meetings, project team responsibilities, and assignment deadlines to allow City
TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
staff the opportunity to address any issues with the proposed schedule at the beginning of the
Project.
Tierra West proposes to attend all planned community meetings and workshops proposed as
part of the scope of work. Tierra West views the community meetings to be vital to the
success of the Amendment.
Mike Garcia - Principal, will manage the assignment through its completion and will act as
liaison to staff for continued communication and will be directly performing and supervising
most of the activities and tasks to successfully complete the Amendment. The team identified
for this assignment will be lead by Mr. Garcia and will be assisted by Regan Candelario -
Senior Associate, Zoe Urrutia - Senior Analyst, Blake Hopkins - Analyst and Alexandra
Bassanetti - Research Assistant/Real Estate Technician.
Due to the parcel level field survey required for this assignment, Tierra West will utilize
Research Assistants who will undergo extensive training for conducting the blight field survey
work. The blight survey will be led by Zoe Urrutia and Blake Hopkins who will supervise the
Research Assistants to ensure high quality results at the lowest possible hourly rates. Tierra
West is currently in the process of hiring four (4) part-time Research Assistants for field survey
work.
Tierra West is organized with a team oriented focus. Tierra West's team approach is
committed to support and provide cooperation amongst the team members. The assembled
team for this assignment will meet regularly and keeps in contact via email to discuss projects
and special cases on a daily basis.
Since implementation of SB 1206 very few redevelopment agencies have handled plan
amendment processes that required new blight findings or the required reports to the State
Department of Finance and the Housing Et Community Development Department. Tierra West
is currently providing plan amendment services for the Cities of Bell Gardens, Commerce and
Guadalupe that will follow these new requirements. Tierra West also recently conducted an
extensive amendment to add territory, reinstate eminent domain and increase the tax
increment limit for the Azusa Redevelopment Agency. During these recent plan amendment
processes Tierra West has established a good working relationship with the State Department
of Finance as well as established a successful process for working with School Districts and
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Educational offices that must be consulted with for the Department of Finance Reports. This
relevant recent experience will be extremely beneficial in completing the Amendment.
Mr. Garcia has provided redevelopment plan amendments and adoptions for numerous
redevelopment agencies throughout California since 1998. Mr. Garcia's experience and
knowledge of the CRL has assisted to shape the most recent significant legislation for
redevelopment, Senate Bill 1206. Mr. Garcia was invited, as an expert on California
Redevelopment Law, to speak before the Senate Judiciary Committee on behalf of the
California Redevelopment Association to suggest modifications to the "metrics" initially
included in SB 1206 as proposed by Senator Kehoe. Mr. Garcia's experience with Plan
Amendments/Adoptions was vital in the decisions made by the Senate Judiciary Committee
and the Senate Committee on Local Government regarding changes to blight documentation
for redevelopment project areas. Mr. Garcia is bilingual.
RESUMES OF THE PROJECT TEAM, A FIRM PROFILE AND A COMPLETE LIST OF SERVICES
OFFERED BY TIERRA WEST ARE ATTACHED TO THE PROPOSAL
REFERENCES
The following is a partial list of current references from cities and redevelopment agencies that
have commissioned the principals of Tierra West for assistance with economic development
projects and programs.
City of Azusa Redevelopment Agency
Contact Person:
Bruce Coleman, (former Economic Et Community Development Director
now with City of Murrieta)
909.557.7660 - cell phone
City of Bell Gardens/Redevelopment Agency
Contact Person:
Carmen Morales, Interim Community Development Director
Phil Tillman, Senior Redevelopment Project Manager
562.806.7725
�TIERRAWEST
ADVISORS
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
City of Commerce/Community Development Commission
Contact Person: Heriberto Valdez, Redevelopment Manager
323.722.4805
The following is a list of previous cities and redevelopment agencies that have commissioned
the principals of Tierra West for redevelopment plan amendments and adoptions.
Cities
Azusa, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, El Cajon, El Monte,
El Segundo, Fontana, Guadalupe, Hercules, Irwindale, La Quinta, Lawndale, Lake Forest, Los
Angeles, Montclair, Rohnert Park, Sacramento, San Diego, San Gabriel, San Marcos, Stockton,
Westminster, West Covina, West Hollywood.
County/Regional Agencies
Orange County Development Agency and Inland Valley Development Agency
~TIERRAWEST
ADVISORS
RESUMES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
MICHAEL GARCIA J Principal
Michael Garcia has provided coordination of real estate and redevelopment
consulting projects ranging from redevelopment plan adoptions and
amendments, bond financing consultant reports, multiple property acquisitions,
analysis of large commercial and mixed use residential projects, providing
housing rehabilitation coordination, and the drafting of DDAs and OPAs. Mr.
Garcia's recent program experience includes the Cities of Bell Gardens,
Burbank, Commerce, El Cajon, Huntington Beach, La Quinta, Los Angeles,
Monterey Park, Pinole, Pittsburg, Rohnert Park, San Jacinto, San Pablo,
Stockton, and Upland. Mr. Garcia is bilingual.
Education
Master of Public Administration - Urban Planning and Management
California State University, Fullerton
Bachelor of Arts - Political Science
University of California, Irvine
Professional Affiliations
City Councilman City of Santa Ana (2002-2006)
City Human Relations Commission City of Santa Ana (2002)
Board of Youth Council - Santa Ana Workforce Investment Board (2000-2002)
Executive Advisory Board - Santa Ana Unified School District Regional
Occupation Program (2001-Present)
California Redevelopment Association
Urban Land Institute
Licensed Real Estate Salesperson - State of California (former)
University of California Irvine School of Social Ecology - Guest Lecturer
California State University Fullerton School of Social Sciences - Guest Lecturer
�TIERRAWEST
ADVISORS
RESUMES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
REGAN CANDELARIO / Senior Associate
Regan Candelario provides experience in redevelopment, economic
development, downtown development, community outreach and housing. The
community outreach and stakeholder identification programs for both
residential and business leaders are highlights of Mr. Candelario's expertise.
Mr. Candelario also provides redevelopment reporting assistance, housing
policy and program development services, real estate analysis and interim
staffing services for clients in the Central Coast of California.
Education
Master of Public Administration with a concentration in Urban Affairs
Graduate Center for Public Policy and Administration
California State University, Long Beach
Bachelor of Arts in Liberal Studies/ Geography
California State University, Long Beach
Professional Affiliations
City County Communication Et Marketing Association (3cma)
Community Development Resource Network
National Association of Housing and Redevelopment Officials (NAHRO)
California Redevelopment Association (CRA)
�TIERRAWEST
ADVISORS
RESUMES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
ZOE URRUTIA / Senior Analyst
Zoe Urrutia has participated in many aspects of real estate and redevelopment
consulting projects, in particular in affordable housing projects, providing
analysis for home ownership projects, housing authority studies, inclusionary
housing nexus studies, and designing down payment assistance programs. In
addition, Ms. Urrutia has provided assistance in coordinating redevelopment
projects including, plan amendments, implementation plans, and has prepared
Housing and Community Development Department annual reports. Ms.
Urrutia's most recent project experience includes the cities of Arroyo Grande,
Azusa, Bell Gardens, Commerce, Hesperia, Glendale, Rancho Palos Verdes, and
Upland. Ms. Urrutia is bilingual.
Education
Master of Arts, Public Policy
Claremont Graduate University
Bachelor of Arts
Political Science and International Development Studies
University of California, Los Angeles
Professional Affiliations
California Redevelopment Association Member
�TIERRAWEST
ADVISORS
RESUMES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
BLAKE HOPKINS / Analyst
Blake Hopkins has planning and redevelopment consulting services for
redevelopment plan amendments, affordable housing projects, analysis
for home ownership projects, and advance/current planning assignments
including, plan amendments, implementation plans, and has prepared
Housing and Community Development Department annual reports. Mr.
Hopkins most recent project experience includes the cities of Bell
Gardens, Hawaiian Gardens and Long Beach.
Education
Master of Arts, Planning
University of Southern California
Bachelor of Arts, Political Science
University of Oregon
Professional Affiliations
California Redevelopment Association Member
�TIERRAWEST
ADVISORS
RESUMES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
ALEXANDRA BASSANETTI / Research Assistant - Real Estate Technician
Alexandra Bassanetti has provided research services for redevelopment
plan amendments, implementation plans, and real estate economic
studies. Ms. Bassanetti's most recent project experience includes the
cities of Bell Gardens, Hawaiian Gardens and Long Beach.
Professional Affiliations
California Redevelopment Association Member
'TIERRAWEST
ADVISORS
TIERRA WEST PROFILE
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
FIRM INFORMATION
Since 1980 John Yonai has operated Tierra West Real Estate Consultants providing
professional real estate consulting to corporations and private entities. Previous assignments
included corporate real estate planning and long-range projections, asset management services
for large commercial office projects, financial and property management oversight,
coordination of negotiations to acquire property through purchase and by leasing.
John Yonai previously served as the Partner in charge of real estate at a Southern California
redevelopment consulting firm for 16 years. In September 2006, after 16 years, John Yonai
decided to leave and expand the services and scope of Tierra West Real Estate Consultants. At
this point Tierra West Real Estate Consultants brought on partners and reorganized itself as
Tierra West Advisors:
Tierra West is comprised of ten (10) experienced professionals:
John Yonai, Principal
Michael Garcia, Principal
Louis Morales, Senior Associate
Regan Candelario, Senior Associate
Blake Hopkins, Analyst
Tim Mulrenan, Principal
Rose Acosta, Principal
Walt D. Lauderdale, Senior Associate
Zoe Urrutia, Senior Analyst
Alexandra Bassanetti, Real Estate Technician
Tierra West focuses its consulting efforts on the following services:
• Redevelopment Planning:
o Required reporting requirements - Five (5) Year Implementation Plans, Ten (10)
Year Housing Compliance Plans, annual statements of indebtedness, State
Controller's report, monitoring deed restrictions and annual Commission
budgets
o Redevelopment Plan Amendments and Adoptions
• Real Estate Economic Analysis / Economic Development Plans and Strategies
• Housing Program - Development and implementation
• Planning - Current and advanced planning, assisting private clients with entitlement
• Financial Consulting - Bond issuance consultant reports
• Real Estate Acquisition
• Governmental Services - Classification/compensation surveys and analysis, Parks
Master Plan analysis
�TIERRAWEST
ADVISORS
TIERRA WEST PROFILE
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
• Interim Management and Project Management Staffing
Tierra West's insurance coverage includes:
Commercial General Liability - Each Occurrence $2,000,000, General Aggregate $4,000,000
Automobile - Combined Single Limit - $2,000,000
Workers Compensation and Employers Liability - Each Accident $1,000,000
Commercial Errors Et Omissions - per claim £t Aggregate $2,000,000
Tierra West's contact information is:
Tierra West Advisors, Inc.
2616 East 3rd Street
Los Angeles, CA 90033
Telephone: (323) 265-4400
Facsimile: (323) 261-8676
Electronic Mail: info@tierrawestadvisors.com
Tierra West is a minority owned business enterprise.
v TIERRAWEST
ADVISORS
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
SERVICES OFFERED BY TIERRA WEST
Tierra West provides variety of real estate and financial related activities including, real estate
economic analyses, acquisition, developer negotiations, economic development strategies.
redevelopment plan amendments and adoptions, 5 year implementation plans and 10 year
housing compliance plans, Statement of Indebtedness and other reporting requirements, fiscal
consulting analysis for bond issues and budgets, and related planning services to our clients.
Many of our clients are established public or quasi public agencies that are attempting to be
more effective in asset utilization to assist in revitalizing specific areas to provide employment
opportunities, affordable housing opportunities, create aesthetically pleasing and community
sensitive developments, that assist in generating additional revenues to the Commission.
Tierra West's differentiates itself from other consulting firms by focusing on implementation
skills that extend through the complete project cycle: acquiring property, issuing Request for
Proposals (RFP's), selecting developers, negotiating development agreements, reviewing
developer financial projections and preparing proformas for project economics. The following
are the services offered by Tierra West.
IMPLEMENTATION AGREEMENTS
Development Planning and Analysis
Tierra West is available to provide development planning and analysis for specific project
undertakings. Typically, this would involve preparation of a Design for Development for
adoption by the City that sets the basic parameters for proposed development. The options
available to the City for development of a specific site can be analyzed to determine the
optimal outcome and a recommended project.
Development Pro Forma Analysis/Negotiation
Tierra West is available to provide project financial proformas for potential redevelopment
projects to assist the City in determining the financial viability of a project and determine the
degree of participation which may be required by the City. Tierra West is also available to
assist with developer negotiations as needed.
�TIERRAWEST
A DV IS OR S
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Agreement Preparation
Tierra West is available to assist City staff and legal counsel in the drafting of agreements
(typically, Disposition and Development Agreements or Owner Participation Agreements).
These agreements outline the responsibilities of both the proposed owner/developer and the
City.
Agreement Processing
Tierra West is available to prepare the back-up materials, agenda staff report, and summary
report (required by redevelopment law) and assure that proper noticing and hearings are held
in conformance with law.
AFFORDABLE HOUSING PROJECTS
Comprehensive Strategy
Tierra West is available to assist with the preparation of a comprehensive affordable housing
strategy. This could be done in coordination with the updating of the Five -Year
Implementation Plan.
Specific Project/Site Identification
The City has specific requirements to rehabilitate and develop new affordable housing. It may
behoove the City to identify specific projects and sites that could be utilized for this purpose.
Developer Selection/Negotiation
Tierra West is available to assist in the developer selection process, as well as in negotiating
terms and agreements for future housing development.
Financing
Tierra West has a background in developing various financing alternatives, making use of low
to moderate housing set -aside funds, tax allocation bonds, tax credit opportunities, and other
revenue bond formats to assure the most efficient and effective way of leveraging City funds
for the development of housing.
TIERRAWEST
ADVISORS
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
REAL ESTATE SERVICES
Property Management
If needed, Tierra West is available to provide property management services for City -owned
properties. Typically, Tierra West has provided interim management services when either the
property will be held for only a short time, or when time is needed to select a long-term,
permanent management company.
Property Acquisition/Negotiation
Implementation programs frequently require property acquisition and negotiation services.
Tierra West is available as needed to provide such services. All services will be provided in
conformance with State guidelines regulating the acquisition of properties by public entities.
Relocation
From time to time, relocation services have been required, and although Tierra West does not
directly provide these services, Tierra West has contracted with, and overseen the work of
other specialty relocation consultants and can continue to provide this service.
PUBLIC AGENCY ADMINISTRATION
Agenda Materials
Tierra West will draft resolutions, reports, notices, plans, agenda staff reports, and back-up
materials as requested by City staff.
Meetings
Tierra West staff is available to attend meetings of the City Council or Board of Directors of
the Commission, Housing Authority, Planning Commission, project advisory committees, and
meetings with property owners and residents, when necessary. Tierra West has a track record
of developing good working relationships with both affected citizens and with staff members.
1111
v TIERRAWEST
ADVISORS
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
General Administrative Services
Tierra West is available to assist the City with all other administrative matters on an as -needed
basis. These services could include assisting with City filing document control systems,
providing specialized services related to real estate appraisals, acquisition negotiations,
relocation, market analysis, detailed development analysis or goodwill appraisals. Tierra West
may not directly provide all of these services but could assist by identifying those consultants
who have experience in the necessary areas of expertise and coordinating the provision of
their services.
REPORTING REQUIREMENTS
Annual Budget and Work Program
Redevelopment Law (HSC Section 33606) requires all Redevelopment Agencies to prepare an annual
budget that includes the proposed expenditures, proposed indebtedness, anticipated revenues, and a
work program for the coming year, and an analysis of prior year accomplishments. Tierra West will
utilize information from the City budget to prepare the annual budget to comply with Redevelopment
Law.
State Controller's Report
If needed, Tierra West will assist staff in preparing this required report, particularly the Housing and
Community Development portion of the report.
Statement of Indebtedness
Tierra West is available, if needed, to assist with the preparation of this document, although likely this
has been, and will continue to be done by the City finance department
Monitoring Deed Restrictions
Redevelopment Law requires the Commission to expand and improve the supply of affordable housing
and to record deed restrictions to assure continued income level compliance. Tierra West is available to
monitor these deed restrictions on an ongoing basis.
�TIERRAWEST
ADVISORS
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
SPECIAL PROJECT ACTIVITIES
Economic Development Strategies
Economic Development Strategic Plans are important for addressing public infrastructure
deficiencies, land use issues, business retention/attractions programs, streetscape programs and
other projects that could be impacting business growth within the city.
Cost Benefit Analysis/Economic Impact Analyses
Tierra West is available to aid the City in analyzing the costs and benefits of specific
development proposals targeting specific users, and to help create an economic development
program which is beneficial to the local tax base. Implementation of redevelopment plans
should be accomplished in such a way as to promote economic stability and future revenue
flow to the City and other taxing entities. With periodic slowdowns in real estate market
activities, it is necessary for redevelopment agencies to take a lead role in promoting local
economic development.
Specific Project Activities
As necessary, Tierra West is available to analyze specific projects, develop schedules and
budgets, and prepare necessary documentation.
REDEVELOPMENT PLANNING
Feasibility Studies
Redevelopment project area formation is an expensive and time consuming process. Before
initiating a plan adoption, amendment or merger, we work with our clients to conduct a
preliminary analysis of the financial, legal and political implications.
Property Tax Increment Revenue Projections
Tierra West Advisors prepares tax increment revenue projections that outline anticipated
housing set aside deposits, taxing agency payments, administrative costs, non -housing project
funds and bonding capacity.
�TIERRAWEST
ADVISORS
LIST OF SERVICES
PROPOSAL FOR REDEVELOPMENT PLAN AMENDMENT SERVICES
Community Development Commission of the City of National City
Redevelopment Plan Adoptions, Amendments and Mergers
Tierra West Advisors brings several years of experience adopting, amending Et merging
redevelopment plans to implement community development, housing rehabilitation,
commercial revitalization, hazardous material remediation and other programmatic goals.
Project Area Committee and Community Outreach
Stakeholder support for redevelopment is more essential today than ever before. Tierra West
Advisors can coordinate, participate or lead community workshops with residents, property
owners and businesses.
Implementation and Housing Plans
Tierra West Advisors prepares a wide variety of planning documents required by
Redevelopment Law including five year implementation plans, replacement housing plans,
housing compliance plans, annual reports and relocation plans.
�TIERRAWEST
ADVISORS
TIERWES-01
CERTIFICATE OF LiABILITY INSURANCE''
FUDA
Bowermaster.& Associates
P.. BoX16026
10805'Holder Street ,`Suite 350
Cypress,CA 90630"
IFISURED TiOrraVIc-St
2616 E. 3rd St
Los' Angeles, OA 90033
DATE(Mgioerrh
12/15/2009
ThIS CERTIFICATE IS iSSU€D `AS A MATTER rjF INFORMATION
iNLL AND CONFERS NC) ,RIGHTS UPON THE CERTIFICATE,
HOLDER.; THIS GERTIEICATE AGES NOT',AMEND EXTEND OR,.
ALTER-T,ttE COVERAGE AFFORDED BY THE POL LIES„BEL`OW.
INSURERS AFFORDING; COVERAGE
INsuRERA The ;HartfO d Insurance Group
IFsuRERB.'$cbttsdale nsuranceCompany
RJSURERC'
NAIL tE
29424
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TkJE:-f'OI.IC ES OF INSURNNCE LIST,EDBELOW tiAVE EEEN ISSUED TO THE INSURED"NAMED ABOVE'FQR THE POLICY PERIODJNDICATED__. NO1WITHS`rANDLNG"
J,r_ RE¢U REMENT 'TERM OR CONbITION OF ANY-}CONTRACT:OR OTHER ,POCVMENT WITH RESPECT TO M ICH TH,I-S CERTIFICATE May BE ISSUED OR,
MAY Th
PERTAIN, E INSURANCE AFFORDED BY THE POLICIES DESCRIBEp'HEREIN IS SUBJECT 7O-ALL;TNETERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIESAGGREGATE.UMits SH011ilN MAYHAVEBEEN REOUCED`BY-;PAID CIJUMS.
MSR
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TYPE OF INSURANCE.POLICYNUMBER
POLICY EFFECTIVE
RA IMMDO( IvYYY)
POLICY EXPIRATION
DATF IMMRIWYYVYJ
LIMITS
A
X
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8I1512010
EACH OCCURRENCES
2 o00t000
MI s Eka loZence}
$ 300,000
MEDEXP(Anyone person).
$ 10000
PERSONAL &AD,/ IN„URY
$ 2,000,00,0
GENLAGa`REGATE
J
GENERAL AGGREGATE
$ 4,000000
LIMIT APPLIES PER
PRODUCTS -.COMP/OR AGG
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ANY AUTO
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UESCRW11011 OF 9pERATI0P4S I L0GAT121NSIVEHICLESI EXCLUSIONS ADbED BY E ibol SEMENr1 SPECIAL PROVISIONS
10 day notice of cancellation fornon-payment of'premium.
The Cityof National"City, its elecied officials, officers,.agents and employees are named addtional insured per attached SS 0008 0405.
LtIS;I IrR.N I,t:;11UI_Utlt _,.
CANCFI'1"A rir
City Of National City
Attn Clty Attorneys Office
1243 MatiOn'al City Blvd
National City, CA 91950-
SHOULD ANY .OF THE ABOVE DE$CRIBEQ POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR
REPRESENTATNES:
grn—iORQED REPRESENTATIVE
irtJ ( ' �t --
H4VRV L9aLOUWU1/
01988-3009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo e e registered: marks of ACORD
46) When You Are Added As An
.Additional Insured To Other
tnsarance
That is Other, insurance" available t0'
you covering Itabitity for :damages
arising out of "the premises or
operations, or products and completed
operations, for which you have been
addded,'as `an additional insured by -that
insurance; or
(7) When You Add °'Others As An
Additional Insured Ti.. This
Insurance
That is other insurance available to an
additional insured.
1=1r.?weVer, the following provISlonS
apply to .other insurance available' to
any :person;'Or organization who is an
additional( insured underthis Coverage
Parts
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written'?agre"errient Or permit that
this;insurance bepnmary. If other
insurance is also primary, we wilt
share with aII that other nsurance
by the method descfibed itr c;
below;
(b) Pill -nary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in 'a written
contract, written agreement or
permit that this Insurance ;is
primary and "non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from "that other
insurance.
Paragraphs (a) and (b) do not apply to
other" insurance to which the additional
insured hos been added as an
additionalinsured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit" If no other
insurer defends, we will undertake to do
so, butwe will be entitled to the insured's
rights against all those other insurers.
BUSJNES;S LIABILITY COVERAGE "FORM
When this insurance is• excess over other
insurance, we will pay only our Share pif
the amount of the loss, if any, fhat
exceeds the sum of:
(1) The Total amount that all such other
-insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all :deductible and "self -
insured amounts under all 'that other
insurance.
'We: yvil, share the remaining loss, if any, w l)
any Other insurance that is, riot des•
cribed in
-this'>vzcdessinsurance provision arxdwas-nol
bought specifically to apply in excess of•the
Limits of Insurance shown in the
Declarations of this Coverage Part
Method Of Sharing
if all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal "amounts
until it has paid its applicable limit of
insurance. or
none of the loss remains,
whichever comes first
if any of the other insurance does not permit
contribution by equal shares; We wil
contribute by limits.. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance ofall insurers.
Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If The insured has rights to recover ati or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part , those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured; will bring "suit' or
transfer those rights to us and help us
enforce them. This condition does not
apply to"Ivledical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or"organization in a contrast,
agreement or permit that was executed
priorto the injury or darrtage.:
Form SS' 00 08 04 05
Page 17 of 24
BUSINESS LIABILITY"COVERAGE FORM,
f_ D TiONAL ADDITIONAL INSURED
• CCVERAGES
it listed or sboyvrt as applicable lit the Deglarations,
one :or toteof the toloowrng Orttionat < ddttiarrai
Insured Coverages,sJso: apply.' When o any f these
O;ptiottai C Additional ,:Insured ,overages apply,
Paragraph :6. (Additional insureds When Required
by Written Contract, Written Agreernerit or Permit)
of $ection G`., Who ,ts An Insured, dues not apply
to they person ar organizatiiort shown in the
Declarations: ='These-.corerages' are subject to'ttie
tei- ns: and .conditions' appfi ble to Business
Liability Coverage in this policy, except, as
prodded below:
1 Additional Insured - Designated Person Or
Orgariizatiori
:WHO IS AN INSURED under Section C is
:amended to include as an.0d0tliona1 insured
the person(:) or organizatlon(s),sti'own in .11te
Declarations, but'Orgy with'' respect,tg liability
for Tbodtiy injury"; "property damage" ar
"personal and advertising, injury" caused, in
whole:or in part, by your acts or` omissions or
the acts, or omissions of`tfiose"acting on your
behalf:
a. in. the perforiinance of your ongoing
operations; ,or
bb In., connection with your premises owned
by 4rrented to you.
2. Additional Insured, - Managers Or Lessors
Of Premises
a. WHO ;IS.;AN INSURED under Section C. is
amended to inetitde asan additionat.insuted
he person(:) or organization(s) shown in :the
Declarations as an Additional Insured -
Designated PersonerOrgenization, but.only
with respect to~ liability arising out of ;the
:owtior,ship,-nviittetiObobr use,iif that part of
the premises leased to -Ott and shi2wnii=the
Declarations,
b.; With respectlathe insurance: afforded; to
these, =additional insureds, the faitowing
additional eiiolusionsapply:
This insurance does not apply to:
(1)
Any "occurrence" which takes place
after you cease tobe a tenant in that
prenLses;or
(2) Structural .alterations, new
construction or demolition operations
performed by or on behalf of such
person or: organization.
Additional Insured:,-:GrantorOf Franchise
VI IC? IS AN 1t40140: D under Section Ca =is
amended lo include -as an additional insured
tire, perso(a) ,,br olganization(s) showri,.rn the
Declarations' as an Additional Insured
Grantor tDf franchise, but=:only With teSpect to
their liatillityas grantor of frarchuse tayoyt
4. Additional Insured Lessor Of Leased
Equipm'erit
a M-IO IS AN INSURED under Section
amended 10 include as an additional
insured the" petson.(s) or organiz.atibn(s)
shoWnin the Deelarations.as arfAdditional
Insured Lessor of Leased Equipment,
but.;only with respect to liability for"bodily
injury", "property darrrage" or "personal
and advertising injury' caused, in•whole er
in part, by. your"maintenance, operation or
use of equipment (eased 10 you by such
person(S) ororgenization(s).
b. With respe,.cttto the insurance' afforded to
these additional insureds, this insurance
daes'nat apply to -any "occurranee" which
takes place after you cease to :tease that
equipment.
5. Additional Insured - Owners Or Other
interests From Whom Land Has Been
.Leased
a. W-iO IS 41 INSURED under Section C. is
zntended to include as an additional
insured the persons) Or organization(:)
shown in the Declaration's as en Additional
insured = Owners Or Other Interests From
Whorn Land Has Been Leased, but only
with respect to liability arising out of the
ownership maintenanee or usa:-oftnat part
of th.e land leased to you and tibWn in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the -following
additional exclusions apply:
This insurance does not apply to:
:Any "occurrence" that takes place
alter you .cease -to lease .that land„ or
(2) 'Structural alterations. new
:construction or demolition operations
performed .by or on, behalf of such
person "ororganizatlon.
6. Additional Insured - State Or Political
Subdivision -,Permits;
a. WHO IS AN INSURED under Section C. is
amended to include: as an additional
insured the state or- political subdivision
shown in the Declarations as an Additional
Page 18 of 24
Form SS 00'08 04r05
Insured State - Or Pdi'itical Dubd'ivision
P.ermjts, Out only , WO: respect to
operations performed by you Or on your
-Walt' 'for whicfr lh# state or political
ltt?divtatort has,assued a penults,
ffr respect -to. the insurance afforded to
#hese additioRal insttreds, the fallo�aring
atldiiofiai.excl isions. Piii
This-insur;nce does riot apply to:
(1) "UothIy injury , "property "d rrage" or
"persgtna`i. .and f.dtsing injury
arising out of operations perfdimed fr r
the Satate pr nurilcrpalrty; t t
12) "Bodily injury" or "'property da►nage"
ulciuded, in , the "product -completed
oper'atioijs" tiazard.,
7. Additional' Insured ---Vendors
a. Mc) IS AN INSURED un tersootioir
amended t4 include as :an addition.aI
lnsu"red the persons) or organization(s)
(refenred•to below as vendbrj st>own in .the
Declarations as an Additional insured -
Venndor; put cjnly Sritti' respect ` o "bodiN.
injury°"Pr `"property d2it age" sr sing out of
"your products^ which ;are distributed or
sold to the regutar course of tea vendorss
business and only if this Coverage Part
provides coverage for "rood ily,. injury" or
"property damage" included *RHO the
"products -core p)eted operations amid".
b. 'The insurance :afforded to Vie vendor is
subject to the following; additional exclusions:
11) T(j s in$ura ce fides npt'applyto;
(a) "Bodily injury^ or "property
damage" for .which the.,vendor is
obligated to pay damages by
reason of the assumption of
liability:in a centred ctragreetpent.
Thin exclusion :does not apply #e
liatiilify fair• damages that the
vendorwould have the absence
of thecontract or agreement;,:
lb) Any express warranty
anaufhorrzed by you;
(c) Any physical or :chemical change
in the- product ;made intentionally
by the vendor
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instiuttions from the manufacturer,
and then repackaged in` the original
container,
1BUSINESS LIABILITY COVERAGE FORM
le) Any failure to make such
rnspeQtiOns, adjustments, tests or
servicing as the vendor has agreed
to Make or,norntaily underakes to
Make .in the fiscal: WOO of
business, . ;in =Eonriectioii wh "the
distribution or sale.of the products;
(f) Demon"stration, installatie)lt;
servicing Pt' repair aperalions,
except such` operations performed
at the veridoi's pfeniises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been Labeled
or relabeled or used as a
container, part or ingredient of any
orbs thing or :substance by ,or for
ttie veneibr; or
(h) "Bodily injury" or "property.
damage" arising out of the sole
negligence of -the vendor for °its
own octs oromissions or those; of
its enaploYees or anyone else
acting on its behalf. However, this
exclusion does hot apply to:
(i) The exceptions contained in
Subparagraphs (d) or (floe
(ii) Such ;inspections,
adjustments, tests orservicing
as 'the vendor. has agreed to
make br rnUfnlal,Iy undertakes
to make in the usual`courSe of
business, in connecion With
the disiritxition or sale .of the
products.
(2) This insurance does not apply to any.
insured, person or organization from"
whim you have acquired such
products, Or any ingredient; part or`
container, entering into,
accompanying or containing such
products.,
8. Additional Insured °Coy trolling lntere&t
IMO IS AN INSURED under Section`C. is
amended tp include as an additional ;insured
the persons) of :organizatiori(s) _shown in the
Declarations as an Additional insured -
Controlling interest, but only with respect to
their liability arising out of:
a. Their financial controlof you; or
b. Premises they own, maintain or control
while You (ease or occupy these'premnises`.
Form SS 00 08.04:05 Pagel9'of 24
BUSINESS .LIABILITY COVERAGE FORM
This insoronco does not =apply to structural
alteratwh , "new :con5440aftd demolttion •
operations performed by Of for that person ar"
gianrzafron
ylfiditr nai, Insufe "Owners, Lessee Or.
OO'ntra toN — Scheduled. Person Or
atanrzaflon
ar UsMQ;1; AN INSUftElp underS`ectlgn C.is
bfffe.'nded to otto le as. 'an .aflditional
insured the pe ri(s) or orgairuzatlori(s)
shown in the Declarations its an ldditional
Insured - Ownerr, Lessees Or-Dontractors;
but.only with respect to` irabrhty for "bodily
tnjur?, "Pn per�y danidge" pr "personal
.and Cadvertising ln)ury" o'aused, in: whole pr
•in part, by you( acts or omissions rir the
acts or omissions Of -those actipg on your
behalf:
(1) In ;the °perforniance of your ongoing
operations:, for the additional
irsured(s) or
(2) to connec*ion with "your 'work"
performed :for that additional insured
and inpluded wi hin 'the: "products-
eompleted operations 'hazard", but
only if "this £overage Pert, provides
coverage _ for "bodily -injury" or
"property damage" included *tin :the
"products -completed, operations:
hazard"
b. tlflith respect to the insurance afforded to
these additional 'insureds, this insurance
toes not apply` to injurry "property
damage;" or "personal air advertising
injury" arising out Of the -rendering" of, or
the failure to milted, tiny professional
arcltitecturaj, _engineering or surveying
:services, including:
(1) The preparing, approving, Or -failure to
prepare Or approve, maps, shop
drsiwings, ;opinions: reports. 'surveys;
field orders, change orders, designs or
drawings and Specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
1th Additional Insured — Co -Owner Of Insured
Premises
MO IS .AN INSURED unoer' Section C. is
amended to include as an addjtonal insured
the :person(s) or Organizations) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Prerriises, but only With
respect to •their liability as co owner of the
premises.iyliown In the Declarations.
•The limits of inSinanoel that apply `to additional ..
insureds "are- described m Section, D, Larnits Of -
. nsurance; - .•
How "thrs insurance appries When other insurance
isxairailable to an additional insured is described iri
the 15fher Insurance' Condition in Section • E.
Liability .and Med(eal • Expenses General
ditiona:
. LIABILITYAND MEDIAL EXPENSES
DEFINITIONS
1. "Advertisement" means the: widespread public
dissernination or rnformationn :or images that,
has -the purpose ofanducing the sale of.goodS,
products-o%Services throng h:
a. (1) 'Radio;
14. Television;
(3) ,E111b0ard;
(4): .Magazin:e;-
(5) .Newspaper
b. The- Internet, but onlythat part of a web
site that is - about :,goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Ally other publication that Is given
widespread public disinibution
However,'"advertisement" does not:include:
a. The design, printed Material, information
ar iniages c dtained .in, on ,or "upon the
packaging or labeling of any goods or
"products;or
b. .An::inteiractive conversation` between; or
arinoiig persons through "a computer netwwork,
"Advertising idea" means any 'idea for an
''adverfis ment".
3. "Asbestos 'bazaar means -an exposure or
threat of exposure =toto the actual or alleged
properties of asbestos and includes the mere
presence of 'asbestos in;any form.
4. "Auto" means a -land motor vehicle, trailer or
Genii -trailer designed ftif leaves On public
roads, including any attached machinery or
equipment. But "auto" does not include
'mobileeggipment';
5. "Bodily injury" means physical:
a. injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at anytime.,
6. "Coverage:territory" means:
Page 20 of 24 Form SS 00.08:04.05
RESOLUTION NO. 2010 — 17
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED
$170,965 BY AND BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY AND
TIERRA WEST ADVISORS, INC., TO PROVIDE PROFESSIONAL
REAL ESTATE AND REDEVELOPMENT CONSULTING SERVICES
TO AMEND THE REDEVELOPMENT PLAN FOR
THE NATIONAL CITY REDEVELOPMENT PROJECT
WHEREAS, a competitive search for a qualified firm to assist with a
Redevelopment Plan Amendment was conducted by the Community Development Commission
of the City of National City ("CDC"); and
WHEREAS, the CDC interviewed three qualified firms to perform required
services and found that Tierra West Advisors, Inc., provided the best proposal and the lowest
price; and
WHEREAS, Tierra West Advisors, Inc., is qualified, willing, and able to leverage
the necessary research and scope of the Redevelopment Plan Amendment to concurrently
accomplish a public infrastructure inventory within the Redevelopment Project Areas for the
Engineering Division and certain exterior structural observations that will assist with Code
Compliance efforts, saving the City significant time and resources; and
WHEREAS, the purpose of the Redevelopment Plan Amendment is:
• To extend the Redevelopment Project Area for a period of 10 years;
• To increase the local contribution of tax increment into the Affordable Housing Fund
from 20-percent of tax increment to 30-percent of tax increment; and
• Extend the CDC's existing authority of eminent domain for a period of 12 years.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Agreement in an amount not to exceed $170,965 by and between the Community Development
Commission of the City of National City and Tierra West Advisers, Inc., to provide professional
services to amend the Redevelopment Plan for the National City Redevelopment Project. Said
Agreement is on file in the office of the City Clerk.
ATTES
PASSED and ADOPTED this 2nd day of Febru 2010.
Ron Morrison, Chairman
APPROVED AS TO FORM:
Secretary George H. Eiser, III
City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on February 2, 2010, by the following vote, to -wit:
Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secr- _ : unity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-17 of the Community Development Commission of the City of
National City, California, passed and adopted on February 2, 2010.
Secretary, Community Development Commission
By:
Deputy
cao\o-S
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE February 2, 2010 AGENDA ITEM NO. 20
ITEM TITLE A resolution authorizing the Chairman to execute an Agreement
not to exceed $170,965 by and between the CDC and Tierra West Advisers,
Inc. to complete a Redevelopment Plan Amendment.
PREPARED BY DEPARTMENT
Patricia Beard (ext 4255) Redevelopment Division
Redevelopment Manager
EXPLANATION The National City Redevelopment Plan creates financial capacity that the
City does not otherwise have to complete infrastructure, redevelopment and public facilities
projects. The Plan does this in compliance with state law by setting a method by which Tax
Increment Financing to pay for projects. California Health and Safety Code Section 33333.10
permits local agencies to extend Redevelopment Plans for 10 years if an increased (30-percent)
set aside of Tax Increment for Low and Moderate Income Housing projects is established. Staff
would like to undertake such a Plan Amendment over the next 18 months so that financial
capacity for desired projects, for example, the Westside Affordable Transit Oriented
Development and other projects, can be increased. Please see the attached Background Report
for more information and information about leveraging the Plan Amendment process to
accomplish other City objectives.
Environmental Review Execution of this Agreement does not require analysis under the
California Environmental Quality Act. The Plan Amendment prod its - will include such
analysis.
Financial Statement This Agreement will commit $170,965, of which $7• "38 is available in the
2009-10 redevelopment budget and $91,627 would be requested for the 2010-11 budget.
Please see Attachments regarding leveraging the Plan Amendment to achieve significant staff
time savings. Account # 511-409-500-598-3935
J
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
STRATEGIC GOAL la) Practice the 5 C's; 1 b) Respond to City Council with thorough analysis;
1 c) Manage investments wisely; 6b) develop affordable housing by leveraging resources.
J
4,
ATTACHMENTS
1. Background Report
2. Proposed Agreement
Resolution No. 'a. o \ o -
•
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
February 18, 2010
Mr. Mike Garcia
Tierra West Advisors, Inc.
2616 East 3rd Street
Los Angeles, CA 90033
Dear Mr. Garcia,
On February 2nd, 2010, Resolution No. 2010-17 was passed and adopted by the
Community Development Commission of the City of National City authorizing
execution of an agreement with Tierra West Advisors, Inc.
We are forwarding for your records a certified copy of the above Resolution and
a fully executed copy of the agreement.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Community Development Commission