1986-1117_VOGT, GARY L._AgreementAGREEMENT FOR
CONSULTING SERVICES
THIS AGREEMENT is made and entered into this I I day of -)/ 1111bFit
19 by and between the San Juan Capistrano Community Redevelopment Agency,
hereinafter referred to as "AGENCY" and GARY L. VOGT, M.A.I., hereinafter referred
to as "CONSULTANT".
WITNESSETH:
WHEREAS, AGENCY requires consulting services for the project described as
follows:
Update appraisal services for Parcel Nos. 124-160-08, 09, 10, 11 and 27
Appraisal services for Parcel No. 124-160-23
WHEREAS, CONSULTANT represents he/they is duly qualified to provide said
service.
NOW, THEREFORE, AGENCY and CONSULTANT, for the consideration
hereinafter named, agree as follows:
SECTION 1. GENERAL
The considerations of work on the project shall be governed by the conditions
contained herein. In general, the tasks delineated herein are to be performed with mini-
mum direction and assistance from AGENCY.
SECTION 2. SCOPE OF TASKS BY CONSULTANT
Subject to the terms and conditions of this agreement, CONSULTANT shall per-
form the tasks as set forth in Exhibit A, attached and incorporated herein by reference.
During the performance of the above tasks, CONSULTANT shall have access to
existing data in AGENCY files and AGENCY shall provide copies of any such data
CONSULTANT requests at no cost to CONSULTANT.
ID COMPLETION'GF
The services provided under this Agreement shall begin upon execution of this
Agreement by all parties. The services provided under this Agreement shall be com-
pleted within 60 days of Notice to Proceed.
SECTION 4. PAYMENT FOR CONSULTANT'S SERVICES
Payments under this Agreement shall be as follows: full payment upon receipt of
appraisals. Three (3) copies of itemized bills, clearly indicating the period for which the
billing is made, and including dates on which expenses (except costs for reproduction)
were incurred, shall be submitted to: City of San Juan Capistrano, 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675.
Total cost to AGENCY for CONSULTANT'S services shall not exceed $7,000.00
Seven Thousand Dollars and no cents ($7,000.00).
SECTION 5. COVENANT AGAINST CONTINGENT FEES
CONSULTANT warrants that he has not employed or retained any company or
person, other than a bona fide employee working for CONSULTANT, to solicit or secure
this Agreement, that he has not paid or agreed to pay any company or person, other than
a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of this Agree-
ment. For breach or violation of this warranty, AGENCY shall have the right to annul
this Agreement without liability, or, at its sole discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
SECTION 6. OWNERSHIP OF DOCUMENTS
All tracings, plans, specifications, maps or other documents prepared or obtained
under the terms of this Agreement shall be delivered to, and become the property of,
CITY, and basic survey notes and sketches, charts, computations and other data prepared
or obtained under this Agreement, shall be made available upon request, to AGENCY
without restriction or limitation on their use.
SECTION 7. CHANGES IN SCOPE OF CONSULTANT'S SERVICES
No additional fee shall be paid by
included in this Agreement without
undertaking such work. In the e
CONSULTANT shall have the right to
months.
SECTION 8. TERMINATION
AGENCY for additional consulting services not
the written approval of AGENCY prior to
vent of suspension of project by AGENCY,
renegotiate fees if delay is greater than six (6)
AGENCY may, without cause, terminate the Agreement at any time prior to
completion by CONSULTANT of any of the services required hereunder. Notice of
Termination of this Agreement shall be given in writing to CONSULTANT, and shall be
sufficient to complete when same is deposited in the U.S. Mails, First Class postage
prepaid.
In the event this Agreement is terminated by AGENCY, CONSULTANT shall be
9 f
paid the value of services performed by him pursuant to this Agreement prior to the date
of termination thereof, such value to be the total to which he shall have become entitled,
as determined by the Director of Community Planning and Development, less the amount
of any payments previously made, but in no event exceeding the maximum contract
amount stated in SECTION 4.
SECTION 9. DISPUTES
Unless otherwise specified herein, any dispute over a question of fact arising under
this Agreement, which cannot be resolved by agreement between the parties, may be, by
mutual consent of the parties, submitted to a "Board of Arbitration" consisting of three
(3) arbitrators having expertise relating to this contract subject matter, one of whom
shall be selected by each of the parties, and the third by the two members selected by
the parties.
Each of the parties shall pay the member selected by it, and the compensation of
the third member shall be paid equally by the parties. The parties shall be bound by the
decision of the Board of Arbitration.
SECTION 10. INDEMNIFICATION/PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall defend, indemnify and hold harmless AGENCY and its
respective officers, employees and agents from any claim, cost, expense or liability
arising directly or indirectly from CONSULTANT'S negligent performance of any of the
obligations imposed on it pursuant to this Agreement. CONSULTANT shall maintain in
full force and effect Professional Errors and Omissions coverage in a minimum amount of
Five Hundred Thousand Dollars ($500,000) which said insurance shall name AGENCY and
its officers and employees as additional insureds. CONSULTANT shall present to the
AGENCY an appropriate certificate of insurance demonstrating coverage as required
above, prior to performance under this Agreement.
SECTION 11. NO ASSIGNMENTS
Neither any part nor all of this Agreement may be assigned or subcontracted,
except as otherwise specifically provided herein, or to which AGENCY, in its sole
discretion, consents to in advance thereof in writing. Any assignment or subcontracting
in violation of this provision shall be void.
SECTION 12. ENDORSEMENT ON PLANS, ETC.
CONSULTANT shall endorse all plans, data and other documentation submitted to
AGENCY pursuant to this Agreement.
SECTION 13. MAINTENANCE OF RECORDS
CONSULTANT and is subcontractors 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 their respective offices at all reasonable
times during the contract period and for three (3) years from the date of final payment
under this Agreement, for inspection by AGENCY and copies thereof shall be furnished,
if requested.
3
SECTION 14. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, CONSULTANT shall be an
independent contractor and shall not be an employee of AGENCY. AGENCY shall have
the right to control CONSULTANT only insofar as the results of CONSULTANT'S
services rendered pursuant to this Agreement; however, AGENCY shall not have the
right to control the means by which CONSULTANT accomplishes services rendered
pursuant to this Agreement.
SECTION 15. LICENSES, PERMITS, ETC.
CONSULTANT represents and warrants to AGENCY that he has all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
practice his profession. CONSULTANT represents and warrants to AGENCY that
CONSULTANT shall, at his 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
CONSULTANT to practice his profession.
SECTION 16. PUBLIC LIABILITY INSURANCE
a) Public Liability
During the term of this Agreement, CONSULTANT shall maintain in full force and
effect a policy of public liability insurance with minimum coverages as follows:
$ 500,000 - Property Damage
$ 500,000 - Injury to One Person/Any One Occurrence; and
$1,000,000 - Injury to More Than One Person/Any One Occurrence
If AGENCY so requests, CONSULTANT shall cause AGENCY to be named as an
additional insured on said policy and shall obtain a waiver of the insurer's right of
subrogation against AGENCY.
b) Worker's Compensation
During the term of this Agreement, CONSULTANT shall fully comply with the
terms of the laws of California concerning Worker's Compensation. Said com-
pliance shall include, but not be limited to, maintaining in full force and effect one
or more policies of insurance insuring against any liability CONSULTANT may have
for Worker's Compensation.
SECTION 17. CONSULTANT NOT AN AGENT
Except as AGENCY may specify in writing, CONSULTANT shall have no authority,
expressed or implied, to act on behalf of AGENCY in any capacity whatsoever as an
agent. CONSULTANT shall have no authority, expressed or implied, pursuant to this
Agreement to bind AGENCY to any obligation whatsoever.
SECTION 18. PERSONNEL
CONSULTANT agrees to assign the following person/persons to perform the tasks
set forth in this Agreement:
GARY L. VOGT, M.A.I.
CONSULTANT shall not unilaterally alter the assignment of the above personnel
without the authorization of the Director of Community Planning and Development.
AGENCY shall have the unrestricted right to order the removal of any
person/persons assigned by CONSULTANT by giving oral or written notice to
CONSULTANT to such effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first hereinabove written.
APPROVED AS TO FORM:
CONSULTANT
By:
GARY L. V T. .A.I.
CITY OF SAI. JUAN CAP
By:
STEPH N B. JULIA XECUTIVE DIRECTOR
5
Exhibit "A"
SCOPE OF TASKS
CONSULTANT shall prepare an updated narrative valuation appraisal of land and
improvements based on the March 26, 1985 appraisal of the following parcels:
124-160-08
124-160-09
124-160-10
124-160-11
124-160-27
CONSULTANT shall prepare a narrative valuation appraisal of land and
improvements on Parcel 124-160-23.
CONSULTANT shall make personal inspections, if necessary, of the real estate
property described above.
0
0
INFINITE IMACYINC, SYSTEMS
2101 1 Moulton 'Paokway, Suite #E-8
4 7 � 4) 47-1. 2777
MEMORANDUM
TO: Memo to File
FROM: Dawn Marie Schanderl, Records Coordinator
DATE: September 9, 1987
SUBJECT: Expiration of Gary L. Vogt Contracts
Today, September 9, 1987, 1 spoke to Pat
concerning the status of the two Consulta
pertaining to AP Nos. 124-160-08, -09, -10,
Agreement states that a Notice of Termina
when project is done. Ms. David said this ha
are completed at this time.
a
David, Community Development Associate
nt Service Contracts with Gary L. Vogt,
-11 -27; 124-160-23 and 124-160-17. The
tion shall be given in writing to Consultant
s not been done and not to worry - contracts
1776 s
February 26, 1987
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUC H HEIM
KENNETH E FRIESS
GARY L HAUSDORFER
PM ILLIP R. SCHWART$E
CI -Y MANAGER
STEPHEN 8 JULIAN
Mr. Gary Vogt, L.M.A.I.
27665 Forbes Road No. C
Laguna Niguel, CA 92677-1202
Re: Certificate of Insurance
Gentlemen:
Thank you for the Certificate of Insurance, which was received by the City in February,
1987. In accordance with your contract, please be advised of the following:
(1) Worker's Compensation was not included on the Insurance Certificate.
Please forward the corrected Certificate by March 12, 1987.
If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714)
493-1171 extension 244.
Thank you for your cooperation.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/dms
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
CERTIFICATE OF INSURANCE
This is to certify that TAT M FIRE AND CASUALTY COMPANY, Bloomlry[c,.n, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
has in force for
Address of Pol¢yholder
location of operations >Et'7r>.2- R•0' Q�J B'2C-2�-•
the following coverages for the periods and limits indicated below
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Aggregate'
(eff.;ex PL
Comprehensive
BODILY INJURY AND
General Liability
PROPERTY DAMAGE
Each Occurrence
$ -14-0i7U y C) C>
❑ Manufacturers' and
$ I t;_�.L%_[1_-r—
Contractors' Liability
Owners', Landlords' and
BODILY INJURY
Tenants' Liability
$
The above insurance includes
(applicable It indicated by ®) ❑ PRODUCTS -COMPLETED OPERATIONS
❑ OWNERSOR CONTRACTORS' PROTECTIVE LIABILITY
❑ CONTRACTUAL LIABILITY
❑ BROAD FORM PROPERTY DAMAGE
❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
I POLICY PERIOD
J Watercraft
Liability
EXCESS LIABILITY
❑ UMBRELLA
❑ OTHER
Workman's/Workers'
pensation-Coverage A
❑ Employer's Liability
-Coverage B
LIMITS OF LIABILITY
❑ Dual Limits tor. BODILY INJURY
Each Occurrence $
Aggregate $
PROPERTY DAMAGE
'Aggregate not applicable if Owners'. Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE APPROVED SY ANY POLICY DEr?PRIIBLED HEREIN ,
EEIN. o -eta Ul � Z
0_044 ne-y _O_, v&,d
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
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n U.S.A. Rev. 11184
Sign align at r�,,orizetl Representative
_ 1
Title
Each Occurrence
$
Aggregate'
$ —
Combined Single Limit for:
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence
$ -14-0i7U y C) C>
Aggregate
$ I t;_�.L%_[1_-r—
CONTRACTUAL LIABILITY LIMITS
(If different than above)
BODILY INJURY
Each Occurrence
$
PROPERTY DAMAGE
Each Occurrence
$
Aggregate
$
❑
Combined Single Limit for:
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence
$
Aggregate
$
Coverage A
STATUTORY
Coverage B
$
'Aggregate not applicable if Owners'. Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE APPROVED SY ANY POLICY DEr?PRIIBLED HEREIN ,
EEIN. o -eta Ul � Z
0_044 ne-y _O_, v&,d
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
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n U.S.A. Rev. 11184
Sign align at r�,,orizetl Representative
_ 1
Title
PCOLONIAL PENN INSURANCE COMPANY
PHILADELPHIA, PA
Heal Estate Appraisers Professional Liability
Memorandum of Coverage
Having Issued Group Policy No. AE0000001 to the
TRUSTEES OF THE APPRAISER LIABILITY INSURANCE TRUST
Santa Barbara, California
(Herein called the "Group Policyholder")
insuring members of
I hu Alpi'nC.Jn IIII,Illnlu ul IIc.II I tdnlo Alan, u:,rrti
Ilio Rucwly of lh,il l 4.0, Apin,rr.rr•.
I hu N.ihunal Assoediun of Indupendonl I cc Appraisers
HEREBY CERTIFIES that the Member whose name is endorsed hereon (herein individually called the "Named MemberI for whom
the required premium has been pard is insured under and subject to all the conditions, limitations and provisions of sa,d pok,z,
for the benefits provided herein_
CERTIFICATE OF INSUliANCL NUMBLR APP60000103100
ITEM 1: NAMED MEMBER AND MAILING ADDRESS-
VOGT, GARY L.
27665 Forbes Rd., Ste. 206
Laguna Niguel, CA 92677
AGENT NAME AND ADDRESS:
Liability Insurance Administrators
26 W. Figueroa Street
Santa Barbara, CA 93101
Customer -ID: 103685
-- -- - --- — - - - - --- -
ITEM 2: NOTICE PERIOD: From: 11/04/86 To: 11/04/87
12.01 A.M. Standard time at the address of the Named Member as stated herein.
FIRST COVERAGE DATE: _1.11$4L86_
12:01 A.M. Standard Time at the address of the Named Member as stated herein.
UNDERWRITTEN BY COLONIAL PENN INSURANCE COMPANY
ITEM 3: LIMITS OF LIABILITY:
A. EACH CLAIM........................................................................ Is 1,000,000
B. AGGREGATE FOR ALL CLAIMS
DURING NOTICE PERIOD.............................................................. $ 1,0009000
ITEM 4: DEDUCTIBLE:
AMOUNT TO BE BORNE BY THE NAMED MEMBER FOR EACH CLAIM ............................ $ 1,000
(Deductible is also applicable to Claims expense)
ITEM 5: PREMIUM: $ 1, 625.00 + 7. 47 Tax
ITEM 6. ENDORSEMENT(S) ATTACHED AT INCEPTION:
REA(6/86)PA
CPM (2/86)
ITEM 7. NOTICE OF CLAIMS SHALL BE SENT TO: Liability Insurance Administrators
26 W. Figueroa Street
Santa Barbara, California 93101
ri
COVERAGE HEREUNDER IS PROVIDED ON A CLAIMS MADE BASIS. '• r
November 12, 1986 1
N E IS S 0 1:: 1:: 1. 1::
E PO L 1. CY S
Ji I
POL I CY N0: 90 6 H '3
. .
III , T -TON
IN j1F� m
RIC FAREM AMU LAbUALIT
EXTENSION CERTIFICATE PREPARE
B. INE,S-S-OffICE 90-76-8733
V011T, GARY L M.A.I.
L01 0 BUILDING CONTENTS
400
LIABILITY 300 000
MEDICAL PAYMENTS 1000/25000
ANNUAL PREMIUM
CA SURCHARGE
AMOUNT DUE
7 86+ AGENTCAVI�SS, DIAN
AGENT PHONE#
714-631-5530
LOCATION 27665 FORBES RD AC
LAGUNA NIGUEL CA
NS AND
POLUTIONMEXCL:1$250TALLEPERILSAPPLIED:
DEDUCTIbLES
MAYAPPREFER
` TO POLICY
++EFFECTIVE WITH NEW TERM
NFLATION COVERAGE — THE U.S. LABOR
EPARTMENT'S CONSUMER PRICE INDEX
S 327.5.
$150.00
51.08
5151.08 AYMENT EXTENDS POLICY PERIOD TO MAR 26 67
(1) at or from premises owned,
rented or occupied by the named
insured;
(2) at or from any site or location
used by or for the named in-
sured or others for the handling,
storage, disposal, processing or
treatment of waste;
(3) which are at any time transport-
ed, handled, stored, treated, dis-
posed of, or processed as waste
Thanks for letting us serve you.
SEE REVERSE SIDE
erations; or
(b) if the operations are to test
for, monitor, clean up, re-
move, contain, treat, detox-
ify or neutralize pollutants;
b. loss, cost or expense arising out of any
governmental direction or request that
the named insured test for, monitor,
clean up, remove, contain, treat, detox-
ify or neutralize pollutants.
All other provisions of this policy apply.
FE -8395
(8/85) rxwrzo w u s a
We will provide the insurance described in this BUSINESS POLICY — SP CIAL' FORM 3 O
policy in return for the premium and c fiance Coverage afforded by this policy isLided by
with all applicable provisions of this poli STATE FARM FIRE AND LASUALTY COMPANY
POLICY NO. 90-76-8733-2 PO BOX 25045,SANTA ANA CA 92799
a Stock Company with Home Offices in Bloomington Illinois, 8284
Named Insured and Mailing Address
VOGT, GARY L N.A.I.
27665 FORBES RD IC
LAGUNA NIGUEL CA 92677
COVERAGE A - CONSTRUCTION
COST INDEX: N/A
COVERAGE B - CONSUMER
PRICE INDEX: 317.4
THE POLICY PERIOD BEGINS AND ENDS AT NOON Automatic Renewal- If the Policy Period is shown
STANDARD TIME AT THE BUILDING LOCATIONS as 12 months, this policy will be renewed auto -
03/26/85 :EFFECTIVE DATE matically subject to the premiums, rules and forms
12 MONTHS :POLICY PERIOD in effect for each succeeding policy period. If this
03/26/86 :EXPIRATION OF POLICY PERIOD policy is terminated, we will give you and the
Mortgagee/Lienholder written notice in compliance _
with the policy provisions or as required by law.
LIMITS OF LIABILITY PROPERTY -9 COVERAGES {OCCUPANCY:OFFICE
SECTION I {LOCATION OF COVERED
EXCLUDED A BUILDINGS {27665 FORBES RD IC
$ 100000 B BUSINESS PERSONAL {LAGUNA NIGUEL CA
PROPERTY {
S ACTUAL LOSS C LOSS OF INCOME, {
SECTION II
S 300,000 L BUSINESS LIABILITY
N MEDICAL PAYMENTS {
S 1,000 (EACH PERSON) {
S 250000 (EACH ACCIDENT) {.
---------------------------
DEDUCTIBLES-SECTION
--------------------- DEDUCTIBLES -SECTION I { IN CASE OF LOSS
$ 250 BASIC ( UNDER THIS POLICY, {
{
WE COVER ONLY THAT
I PART OF THE LOSS {
OTHER DEDUCTIBLES,MAY ) OVER THE DEDUCTIBLE{
APPLY -REFER TO POLICY { STATED. {
PREMISES
----------------------------- -- - .---.----..---»_--.------�_---�--
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