HomeMy WebLinkAbout2010 CON CDC Keagy Real Estate - Real Estate Appraisal / Consultation ServicesAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
KEAGY REAL ESTATE
THIS AGREEMENT is entered into this 30th day of July, 2010, by and between
the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a
community development commission (the "CDC"), and KEAGY REAL ESTATE, a real estate
appraisal and consultation firm (the CONSULTANT).
RECITALS
WHEREAS, the CDC desires to employ a CONSULTANT to provide real estate
appraisal and consultation services.
WHEREAS, the CDC has determined that the CONSULTANT is a real estate
appraisal and consultation firm 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 CDC may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement.
3. PROJECT COORDINATION AND SUPERVISION.
Colby Young 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. Kenneth Keagy 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 $15,000 (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" 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. The term of this Agreement shall
commence on July 30, 2010, and terminate on July 30, 2012, unless sooner terminated as
provided for herein.
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, if requested to do so by the CDC. CONSULTANT shall be
permitted to maintain a complete copy of the aforementioned Memoranda, Reports, Maps,
Drawings, Plans, Specifications and other documents prepared by CONSULTANT as required
by the record keeping provision of the Ethics Rules of the Uniform Standards of Professional
Appraisal Practice (USPAP).
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 1) upon CDC's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld and 2) CONSULTANT shall maintain a
complete copy of all written material, drawings, plans, specifications or other work prepared
under this agreement for the express purpose of maintaining an official workfile that may be
required to be reproduced and provided to the Appraisal Institute relating to review by its duly
authorized representatives or to the State of California relating to its review authority relating to
appraisal licensing.
The CONSULTANT agrees that the CDC may use the written work product for the CDC's
purposes, and the CONSULTANT expressly waives and disclaims may residual rights granted
to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works."
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Citys Standard Agreement — June 2008 revision
8. INDEPENDENT CONSULTANT. Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights,
benefits, or privileges of the CDC's employees, including but not limited to retirement, medical,
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
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
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City's Standard Agreement— June 2008 revision
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 CONTRACTOR/
CONSULTANT [CHOOSE ONE] will take positive action to insure that applicants are employed
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status,
national origin, physical handicap, or medical condition. Such action shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by the CDC setting
forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CDC for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
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C ity's Standard Agreement — June 2008 revision
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.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CDC.
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. 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 CDC's Risk Manager. In the event coverage is provided by non -admitted
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City's Standard Agreement —June 2008 revision
"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.
I. 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 CDC's 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.
J. 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.
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
6
City's Standard Agreement —June 2008 revision
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 Tess 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 CDC:
To CONSULTANT:
Brad Raulston
Executive Director
Community Development Commission
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Ken Keagy
Keagy Real Estate
8321 Lemon Ave
La Mesa, CA, 91941
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 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
City of National City. 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,
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City's Standard Agreement - June 2008 revision
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.
I. 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
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City's Standard Agreement —June 2008 revision
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 CITY OF
NATIONAL CITY
By:
APPROVED AS TO FORM:
G-.:e Ei
Special Counsel
9
KEAGY REAL ESTATE
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — on ignature)
By:
(Name)
1<eN, . A - K si
(Print)
°um
(Title)
By:
(Name)
(Print)
(Title)
City's Standard Agreement — June 2008 revision
EXHIBIT ;A
KEAGY REAL ESTATE
FEE SCHEDULE
For the 2010 Calendar Year
Kenneth A. Keagy, MAI
Hourly Rate for All Work Other Than Testimony $175.00
Hourly Rate for Appearance in Court or Administrative Proceeding $290.00
Hourly Rate for Deposition Testimony $290.00
Hourly Rate for MAI-Designated Senior Appraiser $125.00
Hourly Rate for State -Certified Appraiser $100.00
Hourly Rate for Research Assistant $75.00
The above rates are for 2010. If required services extend beyond 2010 they will
be billed at the prevailing rates at that time.
Out-of-pocket costs for trial exhibits, copying and blueprint charges, recorded
documents, postage and shipping and other similar expenses will be charged at
cost.
Alvarado Pacific Ins
FAX No. 619-469-1569
P. 001/O01
JUL/01/2010/THU 12:25 PM
T3 A
CERTIFICATE OF
PRODUCER (619) 668-4600 FAX (619) 469-1569
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado PA. #605
La Mesa CA 91941-3649
INSURED
Keagy Real Estates
8321 Lemon Avenue
La Mesa_J
COVERAGES
CA 91941
LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A
ONLY AND CONFERS NO RIGHTS
HOLDER. THIS CERTIFICATE DOES
ALTER THE COVERAGE AFFORDED
INSURERS AFFORDING coVERAGE
INSURER A_ Travel ors IT16uTEafLCe
INSURER B:
INSURER C
INSURER D:
I INSURER
DATE Ortnvo rcro
5/19/2010
MATTER OF INFORMATION
UPON THE CERTIFICATE
NOT AMEND, EXTEND OR
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NAIC
Co
THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
NAMED ABOVE
DOCUMENT WITH
HEREIN IS SUBJECT
CLAIMS.
FOLICY EF E/71VE .I
DATEIfMNDD/YYYYI
FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICY EXPIRATION
DATE/MMlODNYVY1 LIMITS
INSR ADD
LTR_INSBD TY EQEINNJIRANCE
POLICY NUMBER
A
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GENERAL
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COMMERCIAL GENERAL LIABILITY
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7/1/2010
7/1/2011
_ EACH OCCURRENCE
DANIAGE YO RENTETS .
PREMISES (LAREcupyllydi
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POLICY I L,PEL'T I LOC
_GEN'L
X-1
A
AUTOMOBILE
LIARILITY
ANY AUTO
ALL DINNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
S-6H0-43341.20A-TCT-08
7/1/2010
7/1/2011
COMBINED SINGLE OMIT
(En axlnent)
BODILY INJURY
(Per peman)
BODILY INJURY
(PM accident)
PROPERTY DAMAGE I
(Per accident)
$ 1
A
$
0D0
, r 000
_
X
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY- EA ACCIDENT
EA ACC
OTHER THAN - -
AUTO ONLY AGG
5
$
$
EXCESS! UMBRELLA LIABILITY
EACH OCCURRENCE
AGGREGATE
$
A
$
A
OCCUR , CLAIMS MADE.
DEDUCTIBLE
RETENTION $
WORKERS
AND EMPLOYERS'
ANY PROPRIETOR!?ARTNER/ESECUTIVE
OFFICER/MEW:TER
(Mandatory
If yea, denaribe
SPECIAL PROVISIONS
COMPENSATION
LIABILITY Y f N
WC STATU- 1 I -
-- ..LOTH
) ORY LIMLTS :_ ER
E.L EACH ACCIDENT
--- -- -- - '-'
E.L DISEASE - EA EMPLOYEE
E.L DISEASE - POLICY LIMIT
$
$
S
EXCLUDED?
In NHI
under
below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
Proof of Insurance, *10 day notice of cancellation for non payment of premium- Certificate Holder Gnc and its
officers, agents and employees are named as additional Insured_
CERTIFICATE HOLDER
CANCELLATION
Community Development Commission
of the City of National
Attn: Colby Young
1243 National City i31vd
National City, CA 91950-4301
City
SHOULD ANY OFTHEABOVE DESCRIBED POLJOIES BE CANCELLED BEFORETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAys WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENYANVE
Gayle Dailey/GED
ACORD 25 (2009/01)
INS025 (2DD'do1)
® 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo ara registered marks of ACORD
07/01/2010 THU 13:29 [JOB NO. 9367 ] I001
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
INS025 (2OO901
Additional Named Insureds
Other Named Insureds
Ken Keagy BRA: Individual
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
Date Issued:
10'14:2009
Policy Number: Previous Policy Number:
LIU001993-009. ----'
t.10001993-008
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
Liberty=
lnsurancc
Underwriters Inc...
55 Water Street, 18th Floor
New York, NY 10041
Item
TIIIS IS A CLAIMS MADE AND REPORTED POLICY.
PLEASE READ IT CAREFULLY.
LIBERTY INSURANCE UNDERWRITERS, INC. (herein called "the Company")
DECLARATIONS
1.
Customer ID: 146033
Named Insured:
KEAGY REAL ESTATE
Kenneth Alan Keagy
8321 Lemon Avenue
La Mesa, CA 91941
2.
Police Period:
From:01/01/2010 To: 01/01/2011
12:01 A.M. Standard Time at the address stated in
Item 1.
3.
Deductible: $1,000
Each Claim
4.
Retroactive Date:
01/01/1999
5.
Inception Date:
01/01/2002
6.
Limits of Liability:
A. SI,000.000
11. S2,000,000
Me Limit of Liability for Each Claim and in
Each Claim the Aggregate is reduced by Damages and
Aggregate Claims Expenses as defined in the Policy.
7.
Mail All Notices to Agent:
Liability Insurance Administrators
1600 Anacapa Street
Santa Barbara, California 93101
(805) 963-6624; Fax: (805) 962-0652
S.
Annual Premium: $1, 851.00
9.
Number of Appraisers:
t
10.
Forms attached at issue: LIA002 (07/01) LIA009 (10/01) LIA012 (07/01) LIA013 (07/01)
I.IA015 (07/01) LIA025 (07/01)
Ihis Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the
Peal Estate Appraisers Professional Liability Insurance Policy shall constitute ntract between the Named Insured and the Company.
By
UA001 (07/01)
Authorized Signature
*- CALIFORNIA —w
somata
om City
C- nvcoaroasz�
City Of National City
DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO:
e4:1 j'€ l csf4k-
(Company Name)
For the purpose of inducingthe City of National City to go forward with any contracts awarded to
KP119 "a tsi4 (company name), I declare as follows:
I o e- 14 /- $i (name) , OtuY1 (title),
am an independent contractor for the purposes of the California Workers' Compensation and Labor
laws. I will hire no employees other than my parents, spouse, or children for work required for any bid
or contract awarded to my company.
All work required will be performed personally and solely by me, my parents, spouse, or children. If,
however, I shall ever be required to hire employee o perform this contract, I shall
obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance
coverage to the City of National City.
This document constitutes a declaration by me against my financial interest, relative to any claims I
should assert under the California Workers' Compensation and/or Labor laws a ainst the City of
National City relating to any bid or contract awarded Iceel y Real £ (company
name).
I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from
any and all claims and liability, including Workers' Compensation claims and liability that may be
asserted or established by any party in the event I hire an employee in violation of this addendum, and
I will further indemnify the City of National City, its officers and employees, for all damages the City
thereby suffers.
I agree that these declarations shall constitute an addendum to any bid awarded to:
kealy 4/ Eskge
(company name).
Dated: I € , 2016 . es�
(Company"/
By:
( ignature of Authorized Repre
Kei 41 /4
(Name and Title)
DuVvter
INTERINSURANCE EXCHANGE of the AUTOMOBILE CLUB
Mailing address P.O. BOX 25001, SANTA ANA, CALIFORNIA 92799-5001
BINDER OF INSURANCE
Name and Address of Lienholder or Additional Insured
Community Development Commission of the
city of National City and its Officers, Agents,
and employees
1243 National City Blvd
National City, Ca 91950
Policy # G4468549
NOTICE TO LIENHOLDER
IN THE EVENT OF CANCELLATION OF THIS BINDER,
THE EXCHANGE WILL GIVE THE LIENHOLDER 10 DAYS
WRITTEN NOTICE OF CANCELLATION
Loan Number
Ube tnterinsurance Exchange of the Automobile Club hereby acknowledges itself bound to the named insured for the coverages specified in the schedule
subject to all the provision of the Exchanges applicable policy form. The issuance of a policy to the named insured or, if a policy is in force, the issuance of an
endorsement covering the automobile, boat or trailer described herein shall void this binder. A pro rata premium charge computed forthe term of coverage
in accordance with the current rates of the Exchange in effect at inception of the binder will be made unless such a policy or policy endorsement is issued.
This hinder shall not he construed to afford cumulative insurance with any existing policy.
Name of insured KEAGY, KENNETH A AND SHARON H
DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER
Car #
Year
Trade Name
Type of Body or Boat
Identification Number
2
1995
TOY()
PP
JT2SK11E4S0274347
AUTOMOBILE INSURANCE
LIMITS OF LIABILITY
"X" Indicates coverage
bound and afforded
Bodily Injury Liability
1000 thousand dollars, each person
1000 thousand dollars, each occurrence
Car #2
Car #
I
❑
Property Damage Liability
1000 thousand dollars, each occurrence
��
❑
Medical Payments
$ 5 each person
I
❑
Underinsured Motorist/Uninsured Motorist
Not Less Than $15,000 each person/$30,000 each accident
►/
❑
Comprehensive (inch. Fire and Theft)
(a) Actual Cash Value less S deductible
❑
❑
(b) Limit of Liability of $ less$ deductible
III
❑
Collision
I
Uninsured Deductible Waiver
(a) Actual Cash Value less $ deductible
❑
❑
(b) Limit of Liability of $ less$ deductible
III❑
Uninsured Collision
�/
❑
WATERCRAFT INSURANCE (BOAT)
LIMITS OF LIABILITY
"X" Indicates coverage
bound and afforded
Bodily Injury and Property Damage Liability
Physical Damage
Thousand Dollars, Each Occurrence Actual Cash
I
I
Value not to exceed Limit of Liability of
$ less$ deductible
Effective date of Binder 05/20/2010 12:01 AM
This binder shall expire 30 days from the effective date or may be cancelled by the named insured at any time during such 30 day period.
The Exchange may cancel this binder by mailing to the named insured at the address above written notice stating when, not less then 10
days thereafter, such cancellation shall be effective. The mailing of such notice shall be sufficient proof of notice.
District office PMGLA
By LUCIA BARRON
(Authorized Representative)
30510
E 4-98
RECEIVED
262010
Community
Development Commission
ACSC Management Services, Inc.
ATTORNEY -IN -FACT
Interinsurance Exchange of the Automobile Club
P.O. BOX 25001, SANTA ANA, CALIFORNIA 92799-5001
Notice of Cancellation Endorsement
Forming a part of Policy No. G 4468549 issued by the INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
to KEAGY, KENNETH A AND SHARON H
Effective 05-20-10 12:01 A.M. Pacific Standard Time
11111IIII1I1II1IIIII1IIIIIIIIIIIII11IIIII1IIIIIIItllllli111111111
ACOMMUNITY DEVELOPMENT COMISSION OF THE C
ITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
DESIGNATED AUTOMOBILE:
PRI
5-19-10
95 TOYO JT2SK11 E4S0274347
ADDITIONAL INSURED
It is agreed that in the event of:
• material change to this policy affecting the designated automobile; or
• suspension or nonrenewal of this policy; or
• cancellation of this policy at the request of other than the Interinsurance Exchange; or
• cancellation of this policy at the request of the Interinsurance Exchange for nonpayment of premium;
10 days' written notice thereof will be given by regular mail to the additional insured named above.
In the event of cancellation of this policy by the Interinsurance Exchange for other than nonpayment of premium, 20 days' written notice
thereof will be given by regular mail to the additional insured named above.
All provisions of your policy not affected by this endorsement remain unchanged.
ACSC Management Services, Inc.
ATTORNEY -IN -FACT
CERTIFICATE OF INSURANCE
This is to certify to the additional insured named above that the Interinsurance Exchange of the Automobile Club has issued the above
listed Members Automobile Policy to the policyholder named above. Subject to its terms and provisions, this policy, including any
applicable endorsement, provides the following coverages and limits of liability for the designated automobile:
BODILY INJURY
LIABILITY
PROPERTY DAMAGE
LIABILITY
THOUSAND
DOLLARS
EACH
PERSON
THOUSAND
DOLLARS
EACH
OCCURRENCE
THOUSAND
DOLLARS
EACH
OCCURRENCE
1000
1000
1000
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverages afforded by and the terms and
conditions applicable to the policy to which it pertains.
ACSC Management Services, Inc.
ATTORNEY -IN -FACT
0
IT50122A
E200703
0519101
2059
E 1-96
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
August 4, 2010
Mr. Ken Keagy
Keagy Real Estate
8321 Lemon Avenue
La Mesa, CA 91941
Dear Mr. Keagy,
On July 30th, 2010, an agreement was entered between the Community
Development Commission of the City of National City and Keagy Real Estate.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission