HomeMy WebLinkAboutR42-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
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SUBJECT:
HUB PROJECT - REAL ESTATE
ACQUISITION SERVICES
DATE:
June 11,2001
Svnopsis of Previous CommissioolCounciVCommittee Action(s):
On July 12, 1999, the Community Development Commission approved a Cooperation Agreement with the Inland Valley
Development Agency.
On July 22, 1999, the RDA Committee authorized staff to give property owners in the study area notice of owner
participation opportunities.
On November I, 1999, the Commission adopted Resolution No. 199941 authorizing execution of a Redevelopment
Planning and Participation Agreement with the PearlrnanlHopkins development team.
On May 15, 2000, the Commission adopted Resolution No. 2000-11 authorizing execution of Amendment No. I to the
Redevelopment Planning and Participation Agreement with PearlmaD/Hopkins. In addition, the Commission authorized
contracts with LSA Associates for environmental services and traffic studies.
On May 21, 2001, the Community Development Commission and/or the Common Council approved the Disposition and
Development Agreement between the Redevelopment Agency and SBT Partners, LLC., the EIR and the Harriman Place
Improvement Project Acquisition, Construction and Financing Agreement, authorized an application for California
Infrastructure and Economic Development Bank financing, and held the first reading of the Development Code and
General Plan Amendments.
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Recommended Motion(s):
(Community Development Commission)
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CUTLER &
ASSOCIATES, INe. (HUB PROJECT)
Contact Person(s): Gary Van Osdel!
Phone:
Project Area(s) IVDA
Ward(s):
663-1044
Three (3)
Supporting Data Attached: iii Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterIMemo
FUNDING REQUIREMENTS Amount: $ 89,000
Source:
Land Sales Proceeds
SIGNATURE:
Year 2001102 Budget (the HUB Project)
CommissioolCouncil Notes:
GVO:lag:06-18-01 HUB Real Estate
COMMISSION MEETING AGENDA
Meeting Date: 0611812001
Agenda Item Nnmber: ~
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
HUB Proiect - Real Estate Acquisitions Services
BACKGROUND
After discussion, consideration and adoption of the various elements comprising the proposed
HUB Project during the joint meeting of the Common Council and the Community Development
Commission on May 21, 200 I, staff identified additional items that would be brought forth for
future consideration in connection with this Project. Included in this list of items was
authorization of a real estate acquisition services agreement.
In addition, during Closed Session at the May 21,2001 Meeting of the Council/Commission, the
Commission authorized staff to proceed with appraising 54 parcels. The Agency, as currently
staffed, does not have the manpower to handle the acquisition of this number of properties within
the time parameters specified in the Disposition and Development Agreement (the "DDA") for
the HUB Project. According to the DDA, all Phase I properties must be in escrow ready to close
by December of this year, Phase I of the Project entails the acquisition of 19 vacant lots and 35
parcels that contain one or more residential units.
CURRENT ISSUE
On April 20, 2001 staff issued a Request for Proposals (RFP) to the following three consultant
firms specializing in real estate acquisition services: Universal Field Services, Inc. of Pasadena,
Cutler & Associates, Inc, of Seal Beach and Paragon Partners, Inc, of Huntington Beach, On
May 1,2001, a proposal was received from each of the three firms. The proposed not-to-exceed
fee for performing the scope of work for each proponent was as follows: Universal - $304, I 00;
Cutler - $13 7,500; Paragon - $97,400, Because of the relatively high fees and the great disparity
between the three fee proposals, staff contacted each firm to request that they revisit their
proposed fee, if possible, That effort resulted in the following revised fee proposals: Universal -
$143,500; Cutler - $89,000; Paragon - $97,400.
Based on the forgoing, staff proposes that the Agency enter into a Real Estate Acquisition
Services Agreement with Cutler & Associates, Inc. Cutler & Associates, Inc" has been
providing real estate related services to cities, redevelopment agencies, school districts, special
districts and private companies throughout the western U.S. for over nineteen years, In addition
to handling the acquisition of over six thousand parcels of land during that time, Cutler &
Associates, Inc" has also provided expertise in such areas as "turn-key" project management, site
and route analysis and selection, title clearance, review appraisal, land sales environmental audit
and remediation coordination, property management and special studies, The firm has an
excellent reputation for commencing and completing projects on time within budget.
GVO:lag:06-18-01 HUB Real Estate
COMMISSION MEETING AGENDA
Meeting Date: 06/18/2001
Agenda Item Number: ~
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Economic Development Agency Staff Report
HUB Real Estate Acquisition Services
June 11,2001
Page Number -2-
ENVIRONMENTAL
The services envisioned pursuant the proposed agreement are covered under the previously
approved EIR for the HUB Project.
FISCAL IMPACT
Total cost of $89,000 is accounted for in the Agency's 2001/02 budget for the HUB Project.
RECOMMENDATION
ends that the Community Development Commission adopt the attached Resolution,
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Ga an Osdel
Ex cutive Director
GVO:lag:06-18-01 HUB Real Estate
COMMISSION MEETING AGENDA
Meeting Date: 06/18/2001
Agenda Item Number: ~ If;.,
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR REAL ESTATE
ACQUISITION SERVICES BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND CUTLER
& ASSOCIATES, INC. (HUB PROJECT)
WHEREAS, an area of the City of San Bernardino (the "City") generally situated along the west
side of Tippecanoe Avenue to the north of the right-of-way of the Interstate 10 Freeway referred to as
the "HUB Project Site" is within the redevelopment project area of the Inland Valley Development
Agency, ajoint powers authority formed pursuant to Health and Safety Code Sections 33492.10 et seq.,
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for the purpose of assisting in the conversion and civilian reuse of the former Norton Air Force Base
and other lands situated in the City; and
WHEREAS, the Inland Valley Development Agency, the City and the Redevelopment Agency
of the City of San Bernardino (the "Agency") entered into an agreement entitled "1999 Redevelopment
Cooperation Agreement" dated as of July 12, 1999 (the "Redevelopment Cooperation Agreement"),
pursuant to which the Inland Valley Development Agency granted the Agency the right, power and
authority to act for and on behalf of the Inland Valley Development Agency for the purposes of
exercising the redevelopment powers of the Inland Valley Development Agency; and
WHEREAS. the HUB Project Site contains residential and commercial developed properties,
and the Agency initiated certain studies and proposals to address a number of issues of community
concern on the HUB Project Site relating to blight and conditions associated with obsolete commercial
design, deferred maintenance, traffic circulation and conflicting commercial-residential neighborhood
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property use and community design in an effort to eliminate and prevent the spread of blight from the
HUB Project Site; and
WHEREAS, the Agency approved a Disposition and Development Agreement, dated as of May
21,200 I, with SBT Partners, LLC, regarding redevelopment of the HUB Project Site (the "DDA"); and
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I WHEREAS, under the DDA, the Agency should exert its best efforts in cooperation with the
2 Inland Valley Development Agency to acquire 19 vacant lots and 35 parcels containing one or more
3 residential units by December 2001; and
4 WHEREAS, the Agency, as currently staffed, does not have the manpower to manage the
5 acquisition of the number of properties required for Phase I of the HUB Project within the time
6 parameters set forth in the DDA; and.
7 WHEREAS, to meet the property acquisition obligations in the DDA, the Agency solicited
8 proposals from real estate acquisition consultants to perform the Phase I acquisitions; and
9 WHEREAS, the Agency evaluated the responses received to the solicitation for proposals and
10 desires to retain Cutler & Associates, Inc" to perform the Phase I real property acquisition services
II required under the DDA;
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12 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
13 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
14 CALIFORNIA, AS FOLLOWS:
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Section 1.
On June 18,2001, the Agency considered the Professional Services Agreement
16 with Cutler & Associates, Inc., attached to this Resolution as Exhibit "A" (the "Agreement") at a public
17 meeting, The minutes ofthe Agency Secretary for the June 18, 2001, meeting of the Agency include
18 a record of all documents, communication and testimony submitted to the Agency regarding the
19 Agreement.
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Section 2.
The Commission hereby approves the Agreement in the form attached hereto as
21 Exhibit "A," The Chairperson ofthe Commission and the Agency Secretary are hereby authorized and
22 directed to execute the Agreement on behalf of the Agency together with technical and conforming
23 changes, as may be recommended by the Executive Director and Agency CounseL
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Section 3,
This Resolution shall take effect upon adoption,
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RESOLUTION OFTHE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR REAL
ESTATE ACQUISITION SERVICES BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND CUTLER &
ASSOCIATES, INC. (HUB PROJECT)
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting thereof,
6 held on the day of ,2001, by the following vote, to wit:
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Commission
8 ESTRADA
LIEN
9 McGINNIS
SCHNETZ
10 SUAREZ
ANDERSON
II McCAMMACK
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AYES
NAYS
ABSTAIN ABSENT
Secretary
The foregoing Resolution is hereby approved this
day of
2001.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
19 Approved as to form
and legal.'o nt:
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By:
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I STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community Development Commission
of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of
4 Community Development Commission of the City of San Bernardino Resolution No. is a
full, true and correct copy of that now on file in this office,
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
6 the Community Development Commission of the City of San Bernardino this day of
,2001.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES
(Cutler & Associates, Inc.)
This AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES (the "Agreement") is
made and enteted into as ofJune 18,2001, by and between the REDEVELOPMENT AGENCY OF
THE CITI OF SAN BERNARDINO (the "Agency"), a public body existing and functioning
pursuant to Health and Safety Code Sections 33000, et seq., and CUTLER & ASSOCIATES, INC.,
a California corporation (the "Consultant"),
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONSULTANT SERVICES, The Agency hereby retains the Consultant
to provide the consulting services set forth in the Scope of Services attached hereto as Exhibit" A"
and incorporated herein by this reference. The Consultant hereby agrees to perform the work set
forth in the Scope of Services, in accordance with the terms of this Agreement.
2.
PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT,
A The Agency shall compensate the Consultant a fixed fee of $89,000.00 for
performance of the services set forth in the Scope of Services,
B. The compensation designated in subsection A shall be the "Total Fee" for the
performance of the work set forth in the Scope of Services, The Total Fee shall include, but not be
limited to, the salaries of all subcontractors retained by the Consultant to perform work pursuant to
this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics,
telephone, printing, fax transmission, postage, copies and such other expenses related to completion
of the work set forth in the Scope of Services,
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Agreement each calendar month during the term of this Agreement.
D, The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
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E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the invoice is
issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of
the Consultant and any individual subconsultants utilized by the Consultant, during the time period
covered by the invoice, a description of the professional services rendered on a daily basis by each
named individual during such time period, the respective hourly rates of each named individual and
the actual time expended by each named individual. Each invoice of the Consultant shall be
accompanied by copies of all third party invoices for other direct costs incurred and paid by the
Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of
the Consultant and approved by the Executive Director, within thirty (30) days of such approval.
3. RECORDS RETENTION. Records, maps, field notes and supporting documents and
all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by
the Consultant and available to the Agency for examination and for purposes of performing an audit
for a period of five (5) years from the date of expiration or termination of this Agreement or for a
longer period, as required by law. Such records shall be available to the Agency and to appropriate
county, state or federal agencies and officials for inspection during the regular business hours of the
Consultant. If the Consultant does not maintain regular business hours, then such records shall be
available for inspection between the hours of9 a,m. and 5 p.m. Monday through Friday, excluding
federal and state government holidays. In the event of litigation or an audit relating to this
Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall
be retained by the Consultant until all such litigation or audit has been resolved.
4, INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless
the Agency, its officers, employees, representatives, and agents from and against any and all actions,
suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys'
fees, for injury or damage of any type claimed as a result of the acts or omissions of the Consultant, its
officers, employees, subcontractors and agents, arising from or related to performance by the
Consultant of the work required under this Agreement, except to the extent that such loss or
damage may be caused by the negligence of the Agency, its officers or employees. The costs, salary
and expenses of the City Attorney and members of his office enforcing this Agreement on behalf of
the Agency shall be considered as "attorneys' fees" for purposes of this paragraph,
5. INSURANCE.
A. The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during the term of
the policy a "General Policyholder's Rating" of at least A(v), as set forth in the then most curtent
edition of "Best's Insurance Guide," as follows;
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(1) Automobile Insurance, The Consultant and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than $1,000,000,00 combined
single limit per occurrence for all vehicles leased or owned by the Consultant or its subcontractors
and used in completing the work required under this Agreement.
(2) Worker's Comoensation Insurance, The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance with California workers'
compensation laws for all workers under the Consultant's and/or subcontractor's employment
performing work under this Agreement.
(3) Errors and Omissions Covera!!e. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the Consultant in performance of the
Scope of Services of this Agreement in an amount of not less than $1,000,000,00,
B. Concurrent with the execution of this Agreement and prior to the commencement of
any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing the
existence of the insurance coverage required herein, which coverage shall remain in full force and
effect continuously throughout the term of this Agreement, Each policy of insurance that
Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the
Agency as an additional insured and shall provide that the policy may not be cancelled, terminated
or modified, except upon 30 days prior written notice to the Agency,
6. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHERMA TERlALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, correspondence or other documents generated by or on behalf of
the Consultant for performance of the work set forth in the Scope of Services shall be the property of
the .Agency, as of the time oftheir preparation and payment therefor by the Agency, and shall be
delivered to the Agency upon written request to the .consultant,
7. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the Consultant
under this Agreement shall only be made by the Consultant with the prior written consent of the
Agency.
8, CONFIDENTIALIIT OF MATERIALS AND INFORMATION, The Consultant
shall keep confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency designates
confidential. None of such designated confidential materials or information may be made available
to any person or entity, public or private, without the prior written consent of the Agency.
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DEFAULT AND REMEDIES.
A Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; provided however, that
if the party who is otherwise claimed to be in default by the other party commences to cure, correct
or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default hereunder.
B, The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default, Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without delivering
the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default
by the other party,
D. In the event that a default of any party to this Agreement may remain uncured for
more than seven (7) calendar days following written notice, as provided above, a "breach" shall be
deemed to have occurred, In the event of a breach, the injured party shall be entitled to seek any
appropriate remedy or damages by initiating legal proceedings.
10, TERMINATION,
A This Agreement may be terminated by either party for any reason by giving the other
party fifteen (15) calendar days prior written notice. The Agency shall pay the Consultant for all
work authorized by the Agency and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement under this section, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days
of such termination and without additional charge to the Agency.
11. NOTICE, All notices given hereunder shall be in writing. Notices shall be presented
in person or by certified or registered United States Mail, return receipt requested, postage prepaid or
by overnight delivery by a nationally recognized delivery service to the addresses set forth below.
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Notice presented by United States Mail shall be deemed effective on the third business day following
the deposit of such Notice with the United States Postal Service. This section shall not prevent the
parties hereto from giving notice by personal service or telephonically verified fax transmission, which
shall be deemed effective upon actual receipt of such personal service or telephonic verification.
Either parry may change their address for receipt of written notice by notifying the other parry in
writing of a new address for delivering notice to such parry,
CONSULTANT:
Attention:
Agency:
Redevelopment Agency of the Ciry of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
12,' COMPLIANCE WITH LAW, The Consultant shall comply with all local, state, and
federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Agreement, The Consultant shall maintain all
necessary licenses and registrations for the lawful performance of the work required of the Consultant
under this Agreement,
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\...... 13. NONDISCRIMINATION, The Consultant shall not discriminate against any person
on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement,
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14. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work described
in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor
any of its subcontractors shall at any time or in any manner represent that it or any of its employees
are employees of the Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any Iiabiliry or expense for the direct payment of any salary, wage or
benefit to any person employed by Consultant or its subcontractors to perform any item of work
described in the Scope of Services.
15, SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted
bylaw,
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16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties, This Agreement supersedes all prior negotiation, discussions and agreements between
the parties concerning the subject matters covered herein, The parties intend this Agreement to be
the final expression of their agreement with respect to the subjects covered herein and a complete
and exclusive statement of such terms.
17. AMENDMENT OR MODIFICATION. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written form and
executed by each of the parties hereto, following all necessary approvals and authorizations for such
execution,
18, GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California, Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. NON-WAIVER, Failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
20, ASSIGNMENT. This Agreement may not be assigned by the Consultant without the
C prior written consent of the Agency.
21. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf
of and bind the parties each purports to represent.
22, EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or
more counterparts, each of which will constitute an original.
23. EFFECTIVENESS OF AGREEMENT AS TO THE A!!encv, This Agreement shall
not be binding on the Agency, until signed by an authorized representative of the Consultant,
approved by the Agency, approved as to form by Agency Counsel and executed by the Chairperson
of the Community Development Commission of the City of San Bernardino and the Agency
Secretary.
24. CONFLICTS OF INTEREST. Consultant hereby represents that it has no interests
adverse to the Agency, at the time of execution of this Agreement. Consultant hereby agrees that,
during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any
interests detrimental or adverse to the Agency,
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Additionally, Consultant shall not submit a proposal, nor shall it be a subcontractor to
another consultant, in response to any requests for proposals or qualifications distributed by the
Agency, during the term of this Agreement. Consultant may give notice to terminate this
Agreement, and after the effective date of such termination, may respond to any request for proposals
or qualifications issued by the Agency for which (i) Consultant did not prepare or advise the Agency
on any aspects thereof, and (ii) were distributed by the Agency subsequent to the effective date of
any termination of this Agreement by either party for any reason whatsoever.
Further, Consultant hereby represents and warrants to Agency that Consultant and any
partnerships, individual persons or any other party or parties comprising Consultant, together with
each subcontractor who may hereafter be designated to perform services pursuant to this Agreement,
do not have and, during the term of this Agreement, shall not acquire any property ownership
interest, business interests, professional employment relationships, contractual relationships of any
nature or any other financial arrangements relating to the Agency, property over which the Agency
has jurisdiction or any members or staff of the Agency that have not been previously disclosed in
writing to Agency, and that any such property ownership interests, business interests, professional
employment relationships, contractual relationships or any nature or any other financial
arrangements will not adversely affect the ability of the Consultant to perform the services to Agency
as set forth in this Agreement.
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- IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
AGENCY
Redevelopment Agency of the City of San Bernardino
Dated:
By:
Dated:
By:
Approved As To Form: .
By:
Agency Special Counsel
Judith Valles
Chairperson
Community Development Commission
of the City of San Bernardino
Agency Secretary
CONSULTANT
Cutler & Associates, Inc.,
a California corporation
Dated:
By:
Title:
Dated:
By:
Title:
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EXHffiIT "A"
SCOPE OF SERVICES
HUB RETAIL PROJECT
ACOUISITION SCOPE OF SERVICES
L Review existing Agency Acquisition Policies and Procedures and recommend any specific
modifications to such policies and procedures as indicated,
2. Prepare Policies and Procedures Information Booklet for specific project for presentation to
affected properry owners, tenants and the general public, as necessary,
3. Review fee appraisals as necessary, upon delivery to the Agency,
4. Develop and coordinate Furniture, Fixture and Equipment list for the affected business.
5. Prepare and make presentations to public groups, staff and elected officials, as required,
including, business and neighborhood associations, and Redevelopment Agency board
members.
6. Obtain and review title reports and/or litigation guarantees as may be required.
7.
Prepare all offer letters, summary statements, and lists of compensable items of fixtures and
equipment, in accordance with state or federal regulations and approval oflegal counseL
8. Personally negotiate with the properry owners and business tenants (or their appointed
representatives) for the purchase of the requir~d property rights. Present the written offer to
purchase to the appropriate owners or their representatives in person, when possible.
9. Upon the initiation of negotiations, transmit receipted offer letters will be to the clients soon
as possible. In insrances where the properry owners declines to receipt for the offer to
purchase, a certification of presentation will be forwarded to the client.
10, Subject to concurrence of properry owner prior to execution of acquisition agreement with
Agency, coordinate contacts with tenants in person and Agency Relocation Consultant.
11. Continue personal negotiations with the property owners and tenants until every reasonable
effort has been expended and it appears that the only remaining method of acquisition is
through eminent domain proceedings,
12. Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
SB2001:17202.1
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13,
Assist tin the preparation of Agency agenda items and puhlic hearing notices, as necessary t; lr
approval of acquisition terms.
14. At such time that negotiations appear to be unsuccessful and eminent domain proceedings
have commenced by the Agency, provide coordination and assistance necessary tn aid the
condemnation counseL
15. In the course of negotiations with the property owners and tenants, provide all necessary
informarion to and work with the Agency Relocation Consultant, and Agencv staff, in order
to expediriously and professionally complete the Project.
16. Maintain a diary of all pertinent information and contacts concerning the Project parcels.
17, Provide a written summary of the status of the acquisition of each parcel on a monthly hasis,
and/or upon requesr of Agency staff.
18, Promptly transmit all execured documents on successfully negotiated parcels to Agency for
acceptance, including necessary supporting agenda items and/or requesrs for approvaL
19.
Coordinate clearance/elimination of clouds on title and liaison with de\'eloper due diligence
work, including coordination of on-site pre-acquisition inspections of properties hv developer
and irs agents.
::-:B2001:17202.1
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Abstain
L1
C.OChCD\ -22.
,
Absent B-
Meeting Date (Date Adopted): G - \ 'is' a I
Vote: Ayes I-\S-' Nays
Change to motion to amend original documents: -
Item #
k}-
1Z.42..
Resolution #
Reso. # On Attachments: --==- Contract term:
-
NulVV oid After:
Note on Resolution of Attachment stored separately: ....::::::...
Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY By:
Date Sent to Mayor:
(,,'Lu~OI
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Reso. Log Updated: ,/"
Seal Impressed:
Date MemolLe
Si nature:
See Attached:
See Attached:
See Attac d:
Date Returned: -
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No By
Yes No ./ By
-
Yes No V By
Yes No v By
Yes No / By_
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
EDA ./
Finance
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File: "'\I Date: to pS'/Cl/
Revised 01/1210 I