Loading...
John C. Carlson Real Estate Appraisals A2013-43 r\c 3 .- 43 AGREEMENT NO. A13- A. FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND JOHN C. CARLSON REAL ESTATE APPRAISALS THIS AGREEMENT, made and entered into this 17h day of July, 2013, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and JOHN C. CARLSON REAL ESTATE APPRAISALS hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "APPRAISER LIMITED ENGAGEMENT CONTRACT" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on June 25, 2013. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be -1- under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided -3- to the City in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement except that the Multiple Listing Service used and paid for by Consultant is exempt from this Section. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on June 30, 2014, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. -4- 11 . OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files that are City documents, Consultant shall y, upon reasonable written request by the City, operate necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files that are City records so that City staff may view them. This section shall not apply to the Multiple Listing Service or any similar service that Consultant uses to obtain information that Consultant relies upon to prepare such City records. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response -5- to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an -6- officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' -7- fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Consultant of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Reauirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect -8- throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. -9- (b) Automobile Liability: $300,000 per accident for bodily injury and property damage. (c) Errors and Omissions Liability: $1,000,000 per occurrence with an annual aggregate of$1,000,000. P Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, -10- officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. -11- (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein, Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, -12- reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary -13- termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: John C. Carlson John C. Carlson Real Estate Appraisers 14070 Hesperia Road, Suite 203 Victorville, CA 92395 -14- The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. JOHN C. CARLSON REAL ESTATE APPRAISALS -771 (ZO By Co-Th�i.�rn� UA-01-1 C. kSoi) RE,i / Pep (lIS�lS Title Pi,-�s 0 se\nT /G ik► t'V v'l'L �✓ CITY OF CHINO HILLS v f-t Michael S. FleagelyCity Manager -15- EXHIBIT A John C. Carlson Real Estate Appraisals eReal Estate Appraisals• Consulting a Investments a Forensic Reviews 14070 Hesperia Road o Suite 203 o Victorville, California 92395 Voice:909-861-6186 o Fax 909-206-1579 E-mail:john n,iccrea.com&iccarison cni.Email.corn APPRAISER LIMITED ENGAGEMENT CONTRACT May l3,2013 Mr.Michael S.Fleager,City Manager City of Chino Hills Sent by E-Mail Transmission 14000 City Center Drive Chino Hills,California 91709 Subject: Appraisal Proposal and Contract—Valuation of two(2)vacant lots within the City of Chino Hills Subject Property Addresses: 4528 and 4628 Fairfield Blvd. Chino Hills,California Mr.Fleager, Thank you for retaining me for this assignment,I appreciate the opportunity to provide professional appraisal services for the appraisals of the above Vacant Lots.At the request of Mr.Victor Viramontes,Administrative Assistant for the City,I am submitting this Appraiser Limited Engagement Contract for your review and acknowledgment It is my understanding that the City of Chino Hills will be selling the vacant lots at the above addresses to Habitat For Humanity who will then be building Low Income Deed Restricted housing on the lots.I completed an appraisal for the City in 2008 for this purpose.I assume that the appraisals will be as of a current Date of Value;I would stipulate that the Date of Value will be the date upon which I inspect both of the lots, I propose to deliver what is termed as a summary form appraisal report for the Subject Property,This report will contain the necessary addenda so that the methods and procedures that were used to value the property can be understood. The following will present the Scope of Work which will be necessary to value the subject property,A Scope of Work Is essential in an appraisal as it determines the extent to which the appraiser conducts his valuation analysis. '3 a If • City of Chino Hills Contract Letter Page-2 The analysis will include the following: 1, An inspection of the Vacant Lots will be conducted.This Inspection will consist of walking each lot from front to rear and side-to-side, 2, Interviews will be conducted with any and all City Planning and Building Departments(hat will be necessary to provide information about the property, 3. Review all documentation presented to me,See the subsequent"Requested Data"section of this Contract. 4. I will then locate any and all reasonable comparables,including listings,pendings and recorded sales to be used in estimating the value of the property,Data sources that will be utilized will include local MLS Boards,and RealIst.eom Public:Records Sources. Having presented the preliminary Information above,the terms and conditions of this proposal/contract are as follows: • The sole purpose of this limited engagement is to obtain real property appraisals.The properties to be appraised has been presented on the previous page. a The valuation shall be prepared with the principal objective of measuring or reflecting market value.The data collection,analyses,estimates and conclusions will be based upon the agreed Scope of Work and will be the best possible reflection of market driven actions.Care will be taken to avoid use of unsubstantiated rules of thumb or academically developed methods which do not reflect the actual reactions of users of the property being appraised. t The Scope of Work of this appraisal assignment will be sufficient to formulate a supportable value estimate. The term"Scope of Work"refers to the depth of research,data collection,and confirmation of and reporting of data.Per the Uniform Standards of Professional Appraisal Practice(USPAP)the appraiser is responsible for determining both the extent of work required and the type and length of the report that is necessary in relation to the significance of the appraisal problem. a Appropriate market research will include interviews with local Real Estate Agents and Brokers,buyers and sellers of properties similar to the Subject Properties,and interviews with various City Departments such as the Planning and Building Departments, • The Report and/or analysis will include the use Limiting Conditions and Contingencies,A typical set of Limiting Conditions and Contingencies are included with this Engagement Letter.Other Limiting Conditions will be included as necessary • The report will be prepared subject to a standard set of Certifications,Assumptions and Limiting Conditions. The standard versions of these are presented at the end of this Contract Letter.If you have any questions about any of these items,please contact me as soon as possible so that I can answer any questions that you may have. o In addition,there may be specific Extraordinary Assumptions or Hypothetical Conditions included in the report.This would be necessary!fatty important issues cannot be resolved.There are no Extraordinary Assumptions or Hypothetical Conditions known at this time. t The appraisal will contain an estimate of the"Market Value"of the residence,Unless otherwise stipulated,the Definition of Market Value typically used In non-IRS appraisals as presented on the following page: -A City of Chino Hills Contract Letter Page-3 Definition of Market Value: The most probable price which aproperly should bring In a competitive and open market under all conditions requisite to a fair sale,the btryer and seller, each acting prudently and knowledgably, and assuming the price is not r{/jected by undue stimulus,Implicit In this definition Is the consummation of a sale as of a specified data and the passing of titlefrom seller to btryer under conditions whereby: 1, buyer and seller are typically motivated; 2. both parties are well Informed or well advised,and acting In what they consider their own best interest; 3. a reasonable time Is allowed for exposure to the open market; 4. payment is made In terms of cash in U.S.dollars or In terms or financial arrangements comparable thereto;and 5, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted to anyone associated with the sale. 4 EXAMPLE DEFINITION: From regulations published by federal regulatoy agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 behveen July 5, 1990 and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision(UT,S), and the Office of the Comptroller of the Currency(UCC). This Definition is also referenced In regulations Jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the "Interagency Appraisal and Evaluation Guidelines", dated October 27,1994, SOURCE: Uniform Standards of Professional Appraisal Practice(USPAP)4ffective January 1,2012 thin December 31,2013,Page A-72 1) Reports: Unless stipulated otherwise,I will submit two original,bound signed copies of the report. Additional copies of the report can be produced at a cost of$100,00 per additional copy. These reports will present the data and procedures that T followed and utilized in the development of my value opinions.Please let me know as soon as possible if additional conies will be needed. I will be happy to submit a PDF copy of the report,however,the exhibits will have to be formatted to fit the letter size,8 V x 11,format of the report.Please let nue know the email address to which I will send the PDF document containing the report. 2) Fee Quote; The fees to which we have agreed are as follows: I"Vacant Lot: $600.00 2nd Vacant Lot: $300,00 Total Appraisal Fee: $900.00 I � It has been agreed that the Hili fee is to be paid upon submission of both of the reports. City of Chino Hills Contract Letter Page-4 3)Time; My best estimate at this time is that I will be able to complete and transmit the reports within 2 to 3 weeks of receipt of the signed Contract and requested documents,barring any unforeseen delays that are beyond my control, Please be advised that any change is the scope of what has been presented in this Contract may result in an additional fee being charged for arty additional work and may result in additional time being required to incorporate the change in Scope in the appraisal process.In addition,this delivery estimate is dependent upon no delays that are beyond my control. 4)Data Requested: In prior e-malts,I have requested and received some primary information,I would appreciate it If you would provide me with the following additional data: 1. Please disclose if there are any special agreements between the City of Chino Hills and Habitat for Humanity with respect to the sale of this property 2. In an e-mail from Mr.Ward at 3:15 PM today,it was noted that there"may be some Geotechnical issues (soils),Does the City have any specific reports available regarding this issue.If so,would you please forward me a copy? 3, Have water or electric meters been Installed for either of these lots? Thank you again for allowing me to submit this proposal.Your acknowledgment of this letter in the space provided below,along with remittance of the check for the appraisal fee will be considered to be my authorization to proceed with the appraisal, Respectfilly submitted, John C.Carlson Real Estate Appraisals Jo1m C.Carlson Certified General Real Estate Appraiser. California Certificate No.A0009119 Certificate Expires:tvlarch 7,2015 Acknowledgment: Approved and Accepted By: Signature--City of Chino Hills Representative for the Estate Date Enclosures 1 • EXAMPLE OF APPRAISERS CERTIFICATION Required by USPAP,effective March 31,1999 I certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct, The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal Impartial,and unbiased professional analyses,opinions,and conclusions, I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties Involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment is not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction In value that favors the cause of the client,the amount of the value opinion, the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analysis,opinions,and conclusions were developed, and this report has been prepared,in conformity with the Uniform Standards of Professional Appraisal Practice, Except ifnoted otherwise,I have made a personal inspection of the property that is the subject of this report, No one provided significant professional assistance to the person signing this report, DATE OF CONTRACT: May 13.2013 APPRAISER'S SIGNATURE: John C.Carlson California Certificate No,:AG009119 Expiration Date:March 7,2015 PRELIMINARY ASSUMPTIONS AND LIMITING CONDITIONS: • This appraisal is subject to the following assumptions and limiting conditions: • 1. The date of value for which the conclusions and opinions expressed in this report apply,is set forth In the letter of transmittal. Further,the dollar amount of enyvaiue opinion rendered in this report is based upon the purchasing power ofthe U.S,dollar. I 2. The appraiser assumes no responsibility for economic or physical factors that may affect the opinions in this report which occur after the date of the letter transmitting the report, 3. The information furnished by others is believed fo be reliable. However,no warranty is given for its accuracy,Information that may have been relied upon Is detailed In the report. • 4. Title is assumed to bernarketable and free and clear of all liens,encumbrances,easements and restrictions except those specifically discussed in the report, The property Is appraised assuming it to be under responsible ownership and competent management,and available for its highest and bestuse, 5. The appraiser assumes no responsibility for hidden conditions or conditions that are not readily apparent when viewed by an appraiser during the normal course ofa typical Investigation of a Subject Property.In addition,the appraiser assumes no responsibilityfor any problems with the subsoil,or structures that render the property more or less valuable.Finally,no responsibility is assumed for arranging for engineering studies that may be required. 6. The property is appraised assuming It to be in full compliance with ail applicable federal,state,and local environmental regulations and laws,unless otherwise stated in the report. 7. No engineering survey has been made by the appraiser, Except as specifically stated,data relative to size and area was taken front sources considered reliable and no encroachments of real property improvements Is considered to exist. 8. No opinion is expressed as to the value of subsurface oil,gas or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials except as is expressly stated, 9. Maps,plats and exhibits Included In for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or be relied upon for any other purpose,nor should they be removed from the report. 10. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers, I1, Possession of this report,or a copy of it,does not carry with it the right ofpubiicatton. Further,neither all nor any part of this appraisal shalt be disseminated to the general public by use of advertising media or other media for public communication without the prior written consentof the Appraiser who has signed this report. 12,No soils or geologic investigation reports were available to the appraiser. The soils are assumed to be stable and ofsnitabie load bearing quality unless clearly differentiated within the report. 13,Since earthquakes are not uncommon in the area,no responsibility is assumed due to their possible effect on individual properties,unless detailed geologic reports are made available, The subject is located within an active fault zone. 14,No hazardous waste assessment was furnished to the appraiser. No evidence to indicate past or present storage of hazardous waste materials was observed on the subject site, The appraisal assumes that no hazardous waste materials are present on the site or surrounding area,which would prevent or substantially alter the possible sate of the site(s)as appraised. • r • PRELIMINARY ASSUMPTIONS AND LIMITING CONDITIONS,Cont'd: 15. All land areas slated in this report,lot sizes,pad sizes and gross acreage are also based oninformation found in public records in the form of Assessor Plat Maps and from the Site Plan,No survey was performed,Care should be taken to obtain the complete legal.description. 16. This appraisal assumes the property is free and clear of any tax lien and is readily available for sale, 17. Testimony or attendance In court or at any otiier hearing is not required by reason of rendering this appraisal,unless such arrangements are made a reasonable time in advance. I am not averse to providing expert testimony as a separate assignment, which would require additional fees. The preparation of this report does not include any time allocation for consultation with legal counsel,court appearances or testimony. 18, The use of section headings,various type sizes,various fonts,bold text,capitalization,and underlining does not specify any particular level of importance or stress of text. The contents of sections,paragraphs,or tables that follow different type styles are ail equally Important. Presentation formats,or lack thereof,do not indicate that any different level of importance should be placed upon the content. Every word in the appraisal document should be considered carefully. Presentation of a data element, description,assumption,or conclusion in one place In the report does not exclude its appropriate application in the balance of the report. 19. The use of this reportis anticipated to serve only the hut ion identified in the report.Additional uses of this report are not anticipated in the acceptance ofthis assignment by the appraiser.Reports prepared to serve one function may not provide adequate detail or documentation to meet the requirements of another function,Definitions used in a report that serves a particular function may not apply to other functions