18-1003_KILEY COMPANY_Professional Services Agreement First AmendmentCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
FIRST AMENDMENT
This First Amendment ("Amendment") is made and entered into as of
2018 by and between the City of San Juan Capistrano, a municipal corporation organized and
operating under the laws of the State of Californía with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 ('City"), and Kiley Company a real estate
appraisal consultíng firm with its principal place of business at 2151 Michelson Drive, Suite 205,
lrvine, CA 92612 (hereinafter refened to as "Consultant"). City and Consultant are sometimes
índividually referred to as "Party" and collec{ively as 'Parties" in this Agreement.
RECITALS
A, City is a California municipal corporation and is in need of professional services
for the following projecl: Appraisal Services for City owned land adjacent to the San Juan Hills
Golf Club in the Cig of San Juan Capistrano, APN 666-011-28 (hereinafter refened to as'the
Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties have previously entered into that certain Professional Services
Agreement for Appraisal Services, dated August 28, 2018 ("Original Agreement').
D. The Parties have identified additional work to be undertaken pursuant to the
Original Agreement, and as called for in Section 3 of the Original Agreement, the Consultant has
provided a proposed scope and schedule for this additional work, as set forth in Exhibit .4",
attached hereto and incorporated by reference herein.
E. The Parties desire by this Amendment to amend the scope of services (Exhibit "A",
attached to this Amendment and incorporated by reference herein) and compensation set forth in
the Original Agreement, as set forth in Exhibit 'A', attached to this Amendment and incorporated
by reference herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Amendment of "Sgryicesl. Section 1 of the Original Agreement, Servíces, is
hereby amended in its entirety to read as follows:
'1. Servioes. Consultant shall provide the City with the services
described in the Scope of Services attached as Exhibit'A" to the Agreement and
the additional services as described in Exhibit'4" to this Amendment."
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2. Amend{nent to .Compensqtion'. Section 2 of the Original Agreemant,
Compensation, is hereby amended in its entirety to read as follows:
"2. Comoensation.
â. Subject to paragraph 2(b) below, the City shall pay for such
services in accordance with the Schedule of Charges set forth in Exhibit'A."
b, ln no event shallthe totalarnount paid for services rendered
by Consultant under this Agreement exceed the sum of $4,500 for the services
described in Exhibit "A' of the Agreement and $1,500 for the services described ln
Exhibit "A' of this Amendment. This amount is to cover all printing and.related
costs, and the City will ¡g! pay any additionalfees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work
performed willbe made on a monthly billing basis.
3. Conthuins Effect of OrbinalAoreement. Except as amended by this Amendment,
all other provisions of the Originaf Agreement remain in full force and effect and shall govern the
actions of the parties under this Amendment. From and after the date of this Amendment,
wfienever the term "Agreement" appears in the OriginalAgreement, it shall mean the Orþinal
Agreement as amended by this Amendment.
4. Adequate Consíderation. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Severabilitv. lf any portion of this Amendment is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdic-tion, the remaining provisions shall
continue in full force and effect.
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By:
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AI\ID KILEY COMPANY
lN WTNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Kiley Company
By:
Its:
Printed
ATTEST:
APPROVEÐ AS TO FORM:
City Attorney
By
By:
3
6 t Ì47 800 t01,1 14861 l4 2
Charles View
From:
Sent:
To:
Cc:
SubJect:
Beth Kiley < bkiley@thekileyco.com >
Wednesda¡ September 26, 2018 10:15 AM
Charles View; Stephanie Kavanaugh
Stephanie Kavanaugh; Christine White
appraisal of easements
Charlie,
Regarding your request for thc valuation of the easelnents to be surrendered to the City we
propose the follorving scope of work and fee for the additional valuation work.
Scope: Review and establish value of varlous eãs€ments and well s¡teJ to be surrendered by San Juan Hills Golf Club in
the proposed La Novía Parcel sales transaction with the City of San Juan Capistrano as described in the Exhlblt provided
by the client.
Cost: The fee for these additíonalservices in accordance with the Schedule of Charges set forth in Exhibit "A" of the PSA,
not to exceed $1,500.
Schedule: Upon authorization, the work wlll be completed in a period not exceeding 8 working days.
We look forward to receiving the paperwork for the authorizaliarLto proceed.
Thank you, Beth
Elízabeth M. Kiley, MAI, AI-GRS
President
Kiley Company
215I Michelson Dr., Suite 205
Irvine, C^92612
714-665-6515 phone
wuffi,thckilBv"cp'gq$l
Please note our nerv email:
b kil ey@th ekileyco.com
EXHIBIT A
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San luan Hills Gılf Well & lnaress/Earess Riahts it i: 1.
Area S1
Area S?
Area #3
Area #4
Landscape Buffer area behlnd #11 green
319' @ 15'wide
lngress and egress
252',3A7' and 467,7' @ 18' wlde = 18,504 s.f
Wellpad
15' by 20'= 300s,f,
lngress and egress
73.1' and 106.1 @ 18' wide = 1,222 s,1.
Wellpad
15' by 20'= 300s.f.
lngress and egress
63.8 @ 18' wlde = 1,146 s.f
Wellpad
15' by 20'= 300 s,f.
lngress and egress
331' and 189.1' @ 18'wide = 9,360 s.f.
Wellpad
15' by 2O = 300 s.f.
Area #1 18,804 square feet
Area #2 3,522 square feet
Area #3 1,226 square feet
Area #4 9,660 square feet
Landscape Buffer 4,787 square feet
3
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