12-020 Agreement, Wendell Kerr Associates, Report of current valuations of residential lands and current values for different residential densitiesCITY OF a
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200 NO. tJ-z;PS-/ 57 I
BY THIS AGREEMENT, made and entered into this 13th day of February, 2012, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Wendell Kerr Associates; Address:
Phone: e-mail: (Hereinafter referred as
CONSUL TANT), in consideration of their mutual covenants, the parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and/or materials: A report that provides a
current valuation of residential lands within the City of Cupertino and to provide a range of current values for different
residential densities.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on February 141h, 2012
and shall be completed before April 1st, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSUL TANT: $3,750.00, lump
sum payment, not to exceed without written City approval.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property
or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of
this Agreement by Consultant or Consultant's employees, officers, officials, agents or Independent contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Consultant. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Consultant shall be deemed to be an independent consultant and Consultant is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes oeJr v tions of any kind are
authorized without the written consent of the City. ENTERED
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Chad Mosley DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
EXPENDITURE DISTRIBUTION
Other Consultant Agreement
February 9, 2012
WENDELL KERR ASSOCIATES
7954 Sunderland Dr., Cupertino, CA 95014
Cell:408-421-5380 E-Mail: whkerr@comcast.net
Real Estate Appraisers & Consultants
Mr. Chad Mosley, Associate Civil Engineer
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Park Maintenance Fee valuation proposal
Dear Mr. Mosley:
We are pleased to submit this proposal to value residential lands within Cupertino and provide a
range of current values for different residential densities. The purpose of the valuation is provide
general land valuations to assist city staff in the determination of the appropriate Park Mitigation
fees which are required for new residential developments.
A report will be prepared in similar fonnat as a previous report dated November 1999 prepared
by Appraisal Research Corporation. (See last paragraph for succession of appraisal entity). The
report will be in a restrictive format.
The purpose of the Park Maintenance fee(s) is to finance the establishment, rehabilitation and
maintenance of neighborhood and community parks and recreational facilities as described or
identified in the Environmental Resources Element of the General Plan. The fee only applies for
new development not the replacement development.
The city will provide a summary list of previously approved residential developments for the last
two years.
An initial draft report will be produced for city review, after which three copies of a final report
will be delivered within 45 days from the notice to proceed. Our set fee, inclusive of all costs,
would be $3,750 which would be payable at the completion of the report.
Mr. Chad Mosley
page two
Appraisal Research Corporation at the time of the previous report was comprised of two
principals, Wendell Kerr and John Norberg. John has died and I now perform valuation services
under Wendell Kerr Associates. A copy of my resume has been included.
If you have any questions, feel free to contact me.
Very truly yours,
Wendell Kerr Associates
Wendell H. Kerr, Jr., SRJW A
State Certified General Real Estate Appraiser
AG#Ol0625
encl.
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Real Estate Appraisers Professional
Liability
Libe!j:y_
International
Underwriters.
Mt!ml1er of I.lbcrty Mutual (;mt1p
Date Issued Policy Number Previous Policy Number I 0611612011 LIU010553-006 LIU010553-005
LIBERTY INSURANCE UNDERWRITERS, INC.
(A Stock Insurance Company, hereinafter the "Company")
55 Water Street, 18th Floor
New York, NY 10041
THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY.
DE CLARA TIO NS
Customer ID: 159185
Named Insured:
KERR, WENDELL ASSOCIATES
Wendell H. Kerr
Policy Period:
From: 07/15/2011 To: 07/15/2012
12:01 A.M. Standard Time at the address stated in
Item 1.
'
Deductible: $1,000 Each Claim
Retroactive Date: 07/15/2001
Inception Date: 07 /15/2006
Limits of Liability: The Limit of Liability for Each Claim and in
A. $1,000,000 Each Claim the Aggregate is reduced by Damages and
B. $2,000,000 Aggregate Claims Expenses as def"med in the Policy.
Mail All Notices to Agent: LIA Administrators & Insurance Services
1600 Anacapa Street
Santa Barbara, California 93101
(805) 963-6624; Fax: (805) 962-0652
Annual Premium: $1, 581. 00
Number of Appraisers: 1
Forms attached at issue: LIA002 (07/01) LIA009 (04/10) LIA012 (03/10) LIA013. (03/10)
LIAOlS (03/10) LIA018 (03/10) LIA021 (03/10) OFAC (08/09)
This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the
Real Estate A raisers Professional Liabilit Insurance Polle shall constitute ntract between the Named Insured and the Com an .
LIA001 (04/10) Authorized Signature
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This Spectrum Policy consists of the Declarations, Coverage Forms. Common Policy Conditions and any
other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock
insurance company of The Hartford Insurance Group shown below.
SBM
INSURER: SENTINEL INSURANCE COMPANY, LIMITED
HARTFORD PLAZA, HARTFORD, CT 06115
COMPANY CODE: A
Policy Number: 65 SBM PZ6760 DX
SPECTRUM POLICY DECLARATIONS ORIGINAL·
THEJ
HARTFORD
Named Insured and Mailing Address:.
(No., Street, Town, State, Zip Code)
WENDELL KERR DEA WENDELL KERR ASSOC
IATES
USAA #: 0 0 055 6691
Policy Period: From. 03/28/12 To 03/28/13 1 YEAR
12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire.
Name of Agent/Broker: USAA INSURANCE AGENCY INC/PHS
Code: 812846
Previous Policy Number: 65 SBM PZ6760
Named Insured is: INDIVIDUAL
Audit Period: NON-AUDITABLE
Type of Property Coverage: NONE
Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we
agree with you to provide insurance as stated in this policy.
TOTAL ANNUAL PREMIUM IS:
Countersigned by
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$462
Authorized Representative
12/02/11
Date
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SPECTRUM POLICY DECLARATIONS (Continued)
POLICY NUMBER: 65 SBM PZ6760
BUSINESS LIABILITY
LIABILITY AND MEDICAL EXPENSES
MEDICAL EXPENSES -ANY ONE PERSON
PERSONAL AND ADVERTISING INJURY
DAMAGES TO PREMISES RENTED TO YOU
ANY ONE PREMISES
AGGREGATE LIMITS
PRODUCTS-COMPLETED OPERATIONS
GENERAL AGGREGATE
BUSINESS LIABILITY OPTIONAL
COVERAGES
HIRED/NON-OWNED AUTO LIABILITY
LIMITS OF INSURANCE
$1,000,000
$ 10,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$1, 000 / 000
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