2016/08/29 Mason and Mason, Inc. Appraisal Services Evans Park site CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
MASON AND MASON APPRAISAL SERVICES, EVANS PARK SITE
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective
this _ day of August, 2016 ("Effective Date") by and between the CITY OF MENIFEE, a
California municipal corporation, ("City") and Mason & Mason, a California Corporation
("Consultant"). City and Consultant may sometimes herein be referred to individually as a"Party"
and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 29, 2016 and
shall end on November 30, 2016 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2671/031853-0001
7630550.2 a08/15/16
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed EIGHT THOUSAND FIVE
HUNDRE DOLLARS ($8,500.00) notwithstanding any contrary indications that may be
contained in Consultant's proposal, for the Services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A,
regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant
for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the mamier
specified herein. Except as specifically authorized in advance by City, Consultant shall not bill
City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings,the total due this period,the balance available under this Agreement,and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
2671/031858-0001 _
7630550.2 a03/15/16 -2
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty(60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
2671/031858-0001 -3-
7630550.2 a08/15/16
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00)disease per employee,and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements,but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
2 6 7 1/03 1 85 8-000 1
7630550.2 a08/15/16 -4-
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
4.3.2 Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
2671/031858-0001
7630550.2 a08/151I6 -5-
4.4.2 Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The name and address for Additional Insured endorsements, Certificates
of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road, Menifee, CA
92586. City must be endorsed as an additional insured for liability arising out of ongoing and
completed operations by or on behalf of Consultant.
4.4.3 Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten(10) working days if. (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or(3) the deductible
or self insured retention is increased.
4.4.4 Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees,agents,or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
2671/031858-0001
7630550.2 a08/15/16 -6-
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
4.4.7 Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available,or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof, and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongfiil act,error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials,volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
2671/031858-0001
7630550.2 a08/15/16 -7-
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of 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. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries,wages,or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City,state,or federal policy,rule,regulation,law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages,as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
2671/031858-0001
7630550.2 a08/15/16 —g—
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including,without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
267 1/03 1 85 8-0 00 1
7630550.2 a08/15/16 -9-
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above,prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that,until final approval by City, all data,plans, specifications,reports, and other
2671/031858-0001 _1 O
7630550.2 a08/15/16
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally,magnetically, or in any other medium,which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices,vouchers, canceled checks,and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Parry may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
2671/031858-0001
7630550.2 a08/15/16 -11-
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severabilily. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Frances Wolfe Mason ("Consultant's Representative"). The Consultant's
Representative shall have full authority to represent and act on behalf of Consultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Robert Lennox, Community Services Director ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Mason & Mason, Real Estate Appraisers and Consultants
2609 Honolulu Avenue, Suite 100
Montrose, CA 91020-1734
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Community Services Department
2671/031858-0001
7630550.2 a08/15/16 -12-
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report,first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either 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.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement maybe executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that(i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns,and all persons claiming under or through them,that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
2671/031858-0001
7630550.2 a08/15/16 -1 J-
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employes. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in conmection with the
award,terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
2671/031858-0001 -14-
7630550.2 a08/15/16
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CIT NIFEE CONSULTANT
Robert +ohnson, City Manager
Attest:
�5/-,
A. Manwaring, City Clerk
[Note: 2 officer's signatures required if
App/rove-ns to Form: Consultant is a corporation]
Je Melching, City ttorney
2671/031858-0001 -15—
7630550.2 a08/15/16
EXHIBIT A
SCOPE OF SERVICES
[Attached]
EXHIBIT A
2671/03 1858-0001
7630550.2 a08/15/16 PAGE I of I
MASON & M A S O N O rances No Mason PIV,
Dav:d S.Miaba-i.MN 1929-2015
Real Estate Appraisers and Consultants I Established 1926 Bradford Thfcrnpson.[,;*A1,N-GIRS.SR,v%'!,
L.Sa M.Benson.'vIA;
Anne
iM Pasquarieflo,SR%NA
2609 Honolulu Avenue,Suite 100 1 Nvlontrose,CA91020-1734 mason2.com Anno E.Pulis-TaopaunY�h D_PjU`,!
P:818.957,1881 1 17: 818.957.I891 fmason@mason2.com Scott j.Triorripson.[,,.A;
July 18, 2016
Via email Only
rlennox@cityofiiienifee.us
City of Menifee
Robert Lennox, Community Services Director
29995 Evans Road, West Annex
Menifee, California 92586
RE: Proposal for Appraisal Services
Potential Acquisition for Park Development Purposes
Vacant Acreage-4.28 Acres
SEC of Corson Avenue and Evans Road
Golden Spring Land Development Ownership
Menifee, California
APN 360-170-001
Dear Mr. Lennox:
Pursuant to your request,the following proposal and scope of work for the above-referenced property
is submitted.It is our understanding that the City of Menifee is considering acquisition of the Golden
Spring Land Development site for the development of a park. The purpose of the appraisal is to
establish an estimate of fair market value,as of a current date,to use as the basis for the initial offer
price. The subject parcel,which is located with the city limits of Menifee, contains approximately
4.28 acres, according to assessor's plat maps, identified as APN 3 60-170-00 1.
Appraisal Assignment
Mason & Mason will provide an Appraisal Report consisting primarily of the Direct Sales
ID
Comparison Approach to value the subject larger parcel. The appraisal report will conform to the
4:>
Uniform Standards of Professional Appraisal Practice (USPAP).
The valuation assigm-nent will reflect the fair market value as of current date, based upon the
highest and best use. It is assumed that the City of Menifee will not be sending notices to the
I I
property owners,and the inspection of the site will be conducted from the public right of way only,
unless otherwise instructed.
City of Menifee
Robert Lennox,Community Services Director
July 18,2016
The scope of the valuation assignment will include:
• Inspection of the larger parcel, from the public right of way. No notice will be sent to
the owner unless we are instructed otherwise;
• Ground photographs of the subject property;
• Review of Zoning, General Plan, Flood Zone, and other information pertinent to the
development and use of the subject property;
• Highest and best use analysis;
• Estimate the fair market value of the subject parcel based primarily upon the Direct
Sales Comparison Approach to value; and
• Prepare an Appraisal Report for the subject parcel.
The market data will be provided in a sunm-nary f6i7mat, including summary charts, sales location
map, with plat snaps and photographs of the comparable sales. Kirn Pasquariello, SR/WA will be
primarily responsible for the assignment, which will be reviewed by Frances Wolfe Mason, MAI,
with assistance from any of the named staff on the 2016 Fee Schedule.
With respect to time, the report will be delivered electronically via the Mason & Mason secure
intranet site at https:Hcloud.mason2cloud.com within 45 business days of authorization to proceed
and receipt of requested items. An original bound copy of the final report is available at an
additional cost upon request. The fee for the assignment is not to exceed$3,750,provided the scope
of work does not expand beyond what is detailed above. Any changes subsequent to submission of
the report or intervening telephone conferences or meetings will be billed hourly. Mason&Mason
requests that the 2016 fee schedule be included with the contract for services with the
understanding that any of the staff named can be billed based on the stated hourly rates.
If retained the following are required, where available:
• Preliminary title report, together with the underlying documents, as available; and
• Copy of any relevant entitlement documents or studies pertaining to the subject (i.e.
pending development plans, hydrology, soils/environmental reports, etc.).
Mason & Mason can order a preliminary title report, if currently not available at a cost over and
above the Mason fee quote. Typically, preliminary title reports cost $750 to $1,000; a cost that
would be added to our fee.
A CALIFORNIA CORPORATION 2
City of Menifee
Robert Lennox,Community Services Director
July 18,2016
Conclusion
If the above is correct and you are agreeable to the fee, please execute an original of this letter
contract or provide us with a letter of authorization confinning time,fee and scope of work. As you
are aware, all appraisals are premised upon certain general and specific assumptions. So that you
are informed as to the anticipated limiting conditions upon which this appraisal maybe based,a copy
has been attached. If, for your appraisal, these require amendment, you will be notified. Please
initial one original set and return with the purchase order, or authorization to proceed. This
proposal is valid until July 29,2016.
Please call if you have any questions.
Yours truly,
MASON & MASON
rances Wolfe Mason, MAI
READ, UNDERSTOOD, AND ACCEPTED
Client Date
Enclosur
ICP/FWM:irun
A CALIFORNIA CORPORATION 3
STATEMENT OF LIMITING CONDITIONS
The following statements, assumptions, and considerations are offered as a basis for this particular
appraisal report.
.... Factual information presented in this report has been furnished by or obtained from sources which
are considered reliable. While the data are believed to be correct,they cannot be guaranteed.
. . . . It is assumed that the legal description and title are good and that the subject ownership is free and
clear of all encumbrances except as may be detailed herein.
A land survey was not made by the appraisers; while the dimensions and areas shown and/or
referred to herein are assumed to be correct,property boundaries and locations of any improvements
as indicated on exhibits in this report are not to be construed as being based upon a survey for
which the appraisers are responsible. Where land dimensions or areas were shown on prepared
snaps, they were used. Where areas or dimensions were not shown, they were scaled from the
prepared maps and are subject to scaling error.
. . . . The Americans with Disabilities Act of 1990 ("ADA") became effective January 26, 1992. We
have not made a specific compliance survey and analysis of this property to detennine whether or
not it is in conformity with the various detailed requirements of the ADA. It is possible that a
compliance survey of the property, together with a detailed analysis of the requirements of the
ADA,could reveal that the property is not in compliance with one or more of the requirements of
the Act. If so,this fact could have a negative effect upon the value of the property. Since we have
no direct evidence relating to this issue, we did not consider possible non-compliance with the
requirements of ADA in estimating the value of the property.
. . . . The final value estimate reflects fair market value of the fee estate.
. . . . The date of value for this appraisal is Xxxx xx, 20xx.
. . . . The appraisers assume no responsibility for hidden or unapparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is assumed for
arranging for engineering studies that may be required to discover them.
. . . . Unless otherwise stated in this report,the existence of hazardous material,which may or may not
be present on the property,was not observed by the appraisers. The appraisers,however, are not
qualified to detect such substances.The presence of substances such as asbestos,urea-fonnaldehyde
foam insulation,or other potentially hazardous materials may affect the value of the property. The
value estimate is predicated on the assumption that there is no such material on or in the property
that would cause a loss in value. No responsibility is assumed for any such conditions,or for any
expertise or engineering knowledge required to discover them. The client is urged to retain an
expert in this field, if desired.
A CALIFORNIA CORPORATION Initial
This report is made for the exclusive use of the client as indicated as the addressee on the letter of
transmittal.
It is assumed that there is full compliance with all applicable federal,state, and local environmental
regulations and laws unless noncompliance is stated,defined,and considered in the appraisal report.
It is assumed that all applicable zoning and use regulations and restrictions have been complied
with, unless a nonconfonnity has been stated, defined, and considered in the appraisal report.
It is assumed that the utilization of the land and improvements is within the boundaries or
property lines of the property described and that there is no encroachment or trespass unless noted
in the appraisal report.
The property is appraised assuming that all required licenses,certificates of occupancy, consents,
or other legislative or administrative authority from any local, state, or national government or
private entity or organization have been or can be obtained or renewed for any use on which the
value estimate contained in this report is based, unless otherwise stated.
The value premises cited are foundational and basic to the values reported herein and the right is
reserved to revise and/or rescind the appraisal opinions in the event the conditions are modified to
any extent.
The liability of Mason & Mason is limited to the amount of the fee. The firm and appraisers
preparing this report are not responsible for erroneous information provided by others.
Indemnification-The appraisers are not necessary parties in any inquiry or judicial proceedings.
They will not be called upon to testify in any litigation or other proceeding arising out of their
duties in this matter. If they are compelled to incur court costs, attorney's fees or other out-of-
pocket expenses in connection with court proceedings, such costs or expenses together with
appraisers'usual hourly per diem applicable for their professional services for study,preparation,
testimony or travel will be paid by the party (or parties) who acts to bring any suit requiring a
judicial proceeding.
Testimony or attendance in Court is not required by reason of this appraisal with reference to the
property in question without a prior arrangement as to compensation and scheduling.
It is the client's responsibility to read this report and to inform the appraiser of any errors or
omissions of which he/she is aware prior to utilizing this report or malting it available to any third
party.
No one other than the appraisers signing this report has prepared the analyses, conclusions, and
opinions concerning real estate that are set forth in this appraisal.
This report in its entirety is Copyright 2016 by Mason & Mason, a California Corporation. All
rights of reproduction are prohibited unless permission is granted in writing.
A CALIFORNIA CORPORATION Initial
MASON & M A S O N O Frances'No fe Mason,MAI
David S.Mason.MAI:1929-2015
Real Estate Appraisers and Consultants I Established 1926 Bradford Triom;;son.r•tAI,A-RS,SPVOM
Lisa M.Bunson.NAI
Kim Pascuamello,SRPNA
2609 Honolulu Avenue, Suite 100 1 Montrose, CA 91020-1734 1 mason2.com Anne E.Pulis=rappouni.Pi?.D. N
P: 818.957,1881 j F:818.957.1891 fmason@mason2.com S::nt .Taompsi;i;.wv1'
2016 STANDARD FEE SCHEDULE
Compensation for work performed on a time-and-materials basis will be computed as
follows through December 31, 2016:
APPRAISAL, PROJECT SUPERVISION & EXPERT WITNESS SERVICES
inclusive of Valuation, Consultation, Deposition, and Court Appearance
• Frances Wolfe Mason, MAI $510.00/hour
• Bradford Thompson, MAI, AI-GRS, SR/WA $400.00/hour
• Lisa M. Benson, MAI $225.00/hour
• Kim Pasquariello, SR/WA $300.00/hour
• Anne E. Pulis-Tappouni, Ph.D., MAI $200.00/hour
• Scott J. Thompson, MAI $200.00/hour
• Nash Tannarong $150.00/hour
ADMINISTRATIVE/RESEARCH ASSISTANT
• Nancy Tomlinson $ 95.00/hour
• Mairene Matthews $ 95.00/hour
Secretarial $85.00 to $95.00/hour
Court Exhibit Preparation $85.00 to $95.00/hour
Minimum Charge for Deposition and Court Appearances 4 hours
MISCELLANEOUS EXPENSES
The following are billed at cost:
• Subcontractor Services
• Printing Services
• Photo Services
• Court Exhibits
• Long Distance Telephone Calls, Conference Calls, Fax, etc.
• Commercial Delivery Services
• Computer Services
• Air Transportation and Travel Expenses
• Automobile Travel @ Current IRS Rates
• Cloud Hosting and Cloud Storage
Revised 511/16
APPRAISAL QUALIFICATIONS
MASON & MASONO
The firm of Mason & Mason, Real Estate Appraisers & Consultants, established in 1926, conducts an
appraisal and consulting business throughout California. Offices have been maintained in Glendale since
April 1, 1957. Mason & Mason is a California Corporation and is a Certified Woman Owned Business
(WBE) by the California Public Utilities Commission (CPUC).
The primary geographic area served is all of California,including assignments undertaken and completed
in Arizona and Nevada.
Mason&Mason has appraised large scale multiple-parcel projects as well as individual properties within
the past ten(10)years. Recent multiple parcel appraisals have included over sixteen hundred properties
for acquisition for the Los Angeles County Sanitation Districts in the Antelope Valley, several hundred
properties for electrical transmission corridors for Southern California Edison, including the Tehachapi
Renewables Transmission Project substations and transmission corridor in Kern and Los Angeles
counties and several hundred acres for the Metropolitan Water District of Southern California for the
Eastside Reservoir south of Hemet in Riverside County. Large acreage holding appraisals include the
80,000+acre Hearst Ranch, San Luis Obispo County, 28,435+ acre Onyx Ranch, Kern County and the
1,731 acre Joughin Ranch, Los Angeles County.
Review appraisal assignments include many individual ownerships as well as specialized reviews as a
result of Superior Court appointments. Large project review assignments include the State Highway 91
HOV Project for RCTC and 200+ parcels for California High Speed Rail Project.
In general, Mason & Mason's clientele includes many cities, counties, the State of California and the
Federal Government. Agencies include California Department of Transportation, California Department
of Justice, Riverside County Transportation Commission, Metropolitan Transportation Authority, Los
Angeles County Department of Public Works and the Orange County Transportation Authority. The cities
include Los Angeles, Long Beach,Glendale, Pasadena,Santa Monica,Santa Ana,Torrance, Camarillo,
Fontana, Riverside, Palm Desert, Rancho Cucamonga, and others. Assignments have also been
completed for numerous city and county aviation facilities.
Among the private clients have been numerous attorneys, individuals and private corporations,such as
the Hearst Corporation, Lockheed Martin Corp., Southern California Edison, Pacific Gas & Electric,
Newhall Land& Farming, Time Warner Cable, Charter Communications, Comcast Corp., Standard Oil,
Union Oil,Shell Oil,American Land Conservancy, Le Fiell Manufacturing Co., MIPCO, LLC and Sempra
Energy,as well as many banks,savings&loan institutions,public utilities, insurance and title companies.
The appraisers in the firm are:
• Frances Wolfe Mason, MAI Anne E. Pulis-Tappouni, Ph.D., MAI
• Bradford Thompson, MAI, AI-GRS, SR/WA Scott J. Thompson, MAI
• Lisa M. Benson, MAI Nash Tannarong
• Kim Pasquariello, SR/WA
Revised 12-15
APPRAISAL QUALIFICATIONS
FRANCES WOLFE MASON, MAI
APPRAISAL EXPERIENCE
Appraiser and Vice-President with Brown-Wolfe,Inc.;offices in Louisville,Kentuckyand NewAlbany,Indiana. In addition
to corporate management,appraisal experience involved a varietyof property including acreage,farm and rural property,
single and multi-family residences,commercial,commercial specialtyand shopping centers,motels,office buildings and
with specialization in industrial categories. Clients served were individuals, attorneys, corporations and agencies.
Relocated to California and joined the firm of Mason&Mason in Glendale, California. Appraisal assignments include
full and partial takings in fee as well as easements for projects in Ventura,Los Angeles,San Bernardino,Riverside,and
Orange Counties. Types of properties involved in eminent domain or litigation actions include residential,commercial,
industrial and agricultural both improved and unimproved. Services rendered involve appraisal review, and full and
partial take appraisal report preparation of retail, office, industrial, mobile home parks, business parks,
telecommunication sites, agricultural, and residential uses, including determination of severance damages and/or
benefits forcondemnation acquisitions,redevelopment acquisitions,property tax appeals,deficiencyjudgments,financial
decisions, and planning purposes.
1992 to current,President and Managing Partner of Mason&Mason Real Estate Appraisers,Consultants,and Property
Management,A California Corporation.
In addition to the above, non litigation assignments for tax planning, mortgage loans, partnerships and corporations
include market value appraisals,fair rental studies and highest and best use studies for vacant land of all types, sizes
and uses;telecommunications sites;multi-family apartment and condominium complexes;industrial and manufacturing
properties; aviation oriented property and port oriented real estate.
Vacant land appraisals include 81,000+ acre Hearst Ranch (conservation easement), San Luis Obispo County, Ca;
42,000±acres desert and water toll acres Blythe, California and 23,000 acres desert, vineyards and orchards, Cadiz,
California. Many appraisals have also been completed on properties located in Pasadena,including: Pasadena YWCA,
Pacific Asia Museum,Pasadena YMCA,Pasadena Central Library,The Rose Bowl,DeLacey and Schoolhouse parking
garages.
A partial listing of individuals,attorneys and corporations for whom I have completed appraisal assignments is as follows:
AlvaradoSmith,A Professional Corporation Demetriou, Del Guercio, Springer& Francis
American Land Conservancy Doheny Family
Avila & Putnam FDIC
Best, Best& Krieger Fulbright&Jaworski
Burke, Williams &Sorensen The Gas Company
California Dept. Of Justice Lewis, Brisbois, Bisgaard &Smith, LLP
California Dept. of Transportation Lockheed Martin
County of Los Angeles Price, Postal & Parma
County Sanitation Districts of Los Angeles County Prudential Insurance Co.
Loeb& Loeb Rutan &Tucker
Loma Linda University Richards,Watson &Gershon
Metropolitan Water District of So. Calif. Newhall Land & Farming
Murphy,Austin,Adams &Schoenfeld, LLP Nordman, Cormany, Hair& Compton
City of Glendale Ochoa&Sillas
City of Los Angeles O'Melveny& Myers
City of Palm Desert San Bernardino County Water
City of Pasadena San Diego Valley Municipal Water Authority
City of Riverside Sheppard, Mullin, Richter& Hampton
Southern California Edison Co.
01/16 FWM-Page 1 of 3
EXPERIENCE-ARBITRATOR
Sea World, San Diego, CA Land Lease Renegotiations January,2004
Marriott Hotel & Marina, CA January,2010
PROFESSIONAL AFFILIATIONS
Nov. 1977 Elected to MAI membership in the American Institute of Real Estate Appraisers,
Certificate No. 5737
1987 to current International Right of Way Association, member
1991 to current Certified General Appraiser, State of California, Certificate No. AGO01649
2002 to current Real Estate Broker, State of California, ID No. 01330850
1970 to 1983 Licensed Real Estate Broker, Indiana
1994 to current Associate Member, Urban Land Institute
1995 to current Associate Member,American Bar Association
1985 to current Member,Aircraft Owners & Pilots Association
PROFESSIONAL ACTIVITIES
1993-94 Participated in the drafting of Appraisal Standards for Land Secured Financings for the California Debt
Advisory Commission as required by Senate Bill 1464.
1991-92 Served as liaison between State of California Office of Real Estate Appraisers (OREA) and the Appraisal
Institute for accreditation of all Appraisal Institute Courses historic and current required by Assembly Bill 527.
1973-74 Served as a member of the Education Committee, Indiana Association of Realtors.
1971-74 Served as Director and Chairman, Education Committee, Southern Indiana Board of Realtors.
SPECIALIZED APPRAISAL TRAINING & CERTIFICATION
Certified through December 31,2017,under Appraisal Institute(formerly A.I.R.E.A.)Voluntary Continuing Educational
Program and completed recertification requirements of Certified General Appraiser Certificate, State of California
(through February 2018).
POSITIONS HELD-APPRAISAL INSTITUTE, formerly
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
National Regional
1987-89 Division of Courses 1988 Committee to Nominate Governing Counselors
1983-86 Candidate Guidance 1983-90 Southwest Regional Committee
1979-80 Special Education Seminars 1976 Great Lakes Regional Conference Committee
1978 Division of Seminars
Chapter-Southern California Chapter#5
1997 Special Advisor to Board of Directors, Co-Chair-Litigation Seminar
1995 Member, Nominating Committee
1992 Special Advisor to Board of Directors
1991 Past President-Board Advisor, Chair-External Affairs
1990 President
1989 Vice President
1988 Secretary Treasurer
1987-88 Chair Education Courses
1986 Assistant Secretary
1983-85 Director
01/16 FWM-Page 2 of 3
POSITIONS HELD-APPRAISAL INSTITUTE, formerly
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, (continued)
Chapter-Southern California Chapter#5 (continued)
1982 Education Coordinator
1980-81 Chair-Education Courses
Chapter-Indiana
1976 Seminar Committee
SPECIALIZED APPRAISAL COURSES
• AIREA Appraisal Course I -Basic Appraisal Principles, Methods/Techniques, 1971.
• AIREA Real Estate Appraisal 1-13 -Capitalization Theory and Technique, 1973.
• AIREA Real Estate Appraisal II -Urban Properties, 1974, University of Virginia.
• AIREA Real Estate Appraisal VI - Real Estate Investment Analysis, 1975, University of Colorado.
• AIREA Standards of Professional Practice,1982 and Appraisal Institute Standards of Professional Practice,
1991.
• Feasibility Analysis, University of Wisconsin.
• National Institute of Real Estate Brokers Management. Courses I, II and III.
• Attended numerous specialized seminars and workshops throughout the years.
OTHER QUALIFICATIONS
2001 Professional Service Award-Southern California Chapter of Appraisal Institute
Qualified as an expert witness in Real Estate Valuation in the Superior Court of the State of California in Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties.
FAA licensed pilot,private pilot, single engine land.
I certify that to the best of my knowledge, the above statements are true and correct.
Respectfully submitted,
Frances Wolfe Mason, MAI
State of California Certificate No.AGO01649
01/16 FWM-Page 3 of 3
APPRAISAL QUALIFICATIONS
KIM PASQUARIELLO, SR/WA
RELEVANT EXPERIENCE
Currently employed as an appraiser with Mason and Mason Real Estate Appraisers & Consultants; California
Certified General Real Estate Appraiser and hold the SR/WA designation,awarded through the International Right
of Way Association. Extensive experience in both the public and private sectors in the field of real estate
appraisal.
Responsibilities as an independent fee appraiser include the valuation of all property types. For the past 20 years,
the bulk of assignments have been in the right-of-way related field. Typical clients included the California
Department of Transportation (Cal-Trans), the Ohio Department of Transportation (ODOT), various cities and
counties,attorneys and private party litigation.In addition,client list has included manyvarious institutional lenders
which involved the valuation of large vacant tracts, large proposed single family residential subdivisions,
commercial and industrial properties. The following delineates educational and professional background.
FORMAL EDUCATION
Graduate of Worthington High School, 1973-Worthington, Ohio
Military Education - 1974-1979 United States Army Reserves-served in various locations -Graduated
from Womack Army Hospital -Fayetteville, North Carolina
Associates Degree in Vocational Nursing 1975-Ft. Bragg, Fayetteville, North Carolina
PROFESSIONAL EXPERIENCE
1980-1983-Real Estate Sales, Idyllwild, California
1983-1985-Associate Appraiser with Independent Real Estate Appraisers and Consultants,Inc.;Marshall
McIntyre, MAI/SRPA, President
June 1985-August 1995-General Partner-Independent Real Estate Appraisers in Hemet, California
September 1995-January 1997-Owner-Independent Real Estate Appraisers -Hilliard, Ohio
January 1997-September 2001 - Realty Specialist, ME Companies-Westerville, Ohio
September 2001-October 2004-Owner of Pasquariello&Associates, LLC- Dublin, Ohio
November 2004-present-Mason&Mason Real Estate Appraisers&Consultants-Montrose,California
PROFESSIONAL AFFILIATIONS
SR/WA- Designated Senior Right-of-Way Agent-International Right of Way Association
Certified General Real Estate Appraiser-State of California-Certificate No. A0004306
Kim Pasquariello is a Practicing Affiliate of the Appraisal Institute
APPRAISAL EDUCATION
Principles of Real Estate Appraisal- Lumbleau Real Estate School, 1979
Course 101, Society of Real Estate Appraisers, 1985
Course 102, Society of Real Estate Appraisers, 1986
Capitalization Theory and Techniques, Part A, American Institute of Real Estate Appraisers, 1987
Capitalization Theory and Techniques, Part B, American Institute of Real Estate Appraisers, 1987
Course 214, Skills of Expert Testimony-IRWA, 1988
Successfully challenged Exam 1A-2,Basic Valuation Procedures,American Institute of Real Estate Appraisers,
1989
01/15 KP Page 1 of 3
Appraisal Education (continued)
Successfully challenged Exam 1A-1/8-1, Real Estate Appraisal Principles, American Institute of Real Estate
Appraisers, 1989
Course 403, Easement Valuation, IRWA, 1990
Course 401 -The Appraisal of Partial Acquisitions, IRWA 1990
Case Studies in Real Estate Valuation, Exam 2-1;American Institute of Real Estate Appraisers, 1990
Standards of Professional Practice Part A,Appraisal Institute(formerly The American Institute of Real Estate
Appraisers), 1991
Standards of Professional Practice Part B,Appraisal Institute, 1991
Course 901 - Engineering Plan Development and Application, IRWA, 1991
Course 902-Property Descriptions. IRWA, 1993
Appraisal and Appraisal Review for Federal-Aid-Highway;Sponsored by U.S.Department of Transportation-
Federal Highway Administration. 1994
Course 101 -Appraisal, Law, Engineering and Negotiations, IRWA, 1997
Course 720-Condemnation Appraising -Advanced Topics and Applications,Appraisal Institute, 1999
Course 103- Ethics and the Right of Way Profession. IRWA 1999
Course 802- Legal Aspects of Easements, IRWA, 1999
Course 403-Easement Valuation, IRWA, 1999
Course 200-Principles of Real Estate Negotiation, IRWA, 2001
Course 801- Land Titles, IRWA 2001
Course 201 -Communications in Real Estate Acquisitions, IRWA, 2001
Course 205- Bargaining Negotiations, IRWA, 2001
Course 430-Standards of Professional Practice, Part C-Appraisal Institute, 2002
Course 400-7 Hour National Uniform Standards of Professional Practice(USPAP),Appraisal Institute,2004
Course 410-15 Hour National Uniform Standards of Professional Practice(USPAP),Appraisal Institute,2005
Course-URAR-Uniform Residential Appraisal Report,Appraisal Institute, 2005
Course-900-Engineering, IRWA, 2006
Course-103 -Ethics and the Right of Way Profession, IRWA, 2006
7-Hour National USPAP Update Course,Appraisal Institute, 2007
Annual Valuation Seminar, IRWA, 2010
Supporting Capitalization Rates,Appraisal Institute, 2010
Condemnation Appraising Principles &Applications,Appraisal Institute 2010
Business Practices & Ethics,Appraisal Institute, December 2010
7-Hour National USPAP Update Course, McKissock, March 2011
Course 802-Legal Aspects of Easements, IRWA, September 2011
Course 213-Conflict Management, IRWA, October 2011
Course 700-GRE-The Appraiser as an Expert Witness,Appraisal Institute, March 2012
Course 705-GRE-Litigation Appraising -Specialized Topics,Appraisal Institute, March 2012
Federal and California Statutory and Regulatory Law Course,Appraisal Institute, 2012
Annual Valuation Seminar, IRWA, 2013
Annual Litigation Seminar,Appraisal Institute, 2013
7-Hour National USPAP Update Course, McKissock,April 2013
Annual Valuation Seminar, IRWA, 2014
Successfully completed the following courses for the purpose of obtaining Real Estate Brokers License in the
State of California
Real Estate Law
California Real Estate Principles
The Essentials of Real Estate Economics
Real Estate Finance
Modern Real Estate Practice
Basic Real Estate Appraisal
Property Management
Real Estate Office Administration
01/15 KP Page 2 of 3
PROFESSIONAL ACHIEVEMENTS
Named 1999 Professional of the Yearby the International Right of Way Association-Chapter 13-Columbus,Ohio
OTHER QUALIFICATIONS
Qualified as an expert witness in Real estate Valuation in the Superior Court of the State of California in Los
Angeles, Riverside, San Bernardino and Ventura Counties.
RECENT STATE/FEDERAL RIGHT-OF-WAY PROJECT INVOLVEMENTS
Warren County-Route 122-Section 1.40 Athens County-Route 33-Section 30.980
Guernsey County-Route 209 -Section 11.50 Fairfield County-Route 33-Section 13.25
Ottawa County-Route 163 -Section 0.04 Los Angeles County- Inverse Condemnation
Meigs County-Route 124-Section 22.72 Caltrans-Pearblossom SR 138
Meigs County-Route 124-Section 31.57 Caltrans- 1-210 Extension through Rialto
I have been involved in various Local Public Agency projects around the State of Ohio and the State of California
that were not State or Federally funded. A partial list of clients in this capacity are as follows:
City of Columbus City of Rancho Cucamonga
City of Dublin City of Rialto
City of Fontana City of San Jacinto
City of Glendora Delaware County Engineers Office
City of Heath Franklin County Engineer's Office
City of Hilliard Los Angeles Redevelopment Agency
City of Westerville Summit County Engineer's Office
City of Perrysburg Los Angeles World Airports
I certify that to the best of my knowledge,the above statements are true and correct.
Respectfully submitted,
Kim Pasquariello, SR/WA
State of California Certificate No.AG004306
01/15 KP Page 3 of 3
MASON & MASON ® Frances Wo fe Mason,MAI
David S.Mason.MAI 1929-2015
Real Estate Appraisers and Consultants •1 Established 1926 Bradford Thompson.MAI,AI-GRS,SPUVVA
Lisa h i.Benson.h/AI
Kim Pasquarello,SRWA
2609 Honolulu Avenue,Suite 100 1 fvtontrose, CA 91020-1734 I mason2.com Anne E.Pulis-Tappouni,Ph.D..MAI
P: 818.957.1881 I F: 818.957.1891 I fmason@mason2.com Scot!J.Thompson,%"Al
July 18, 2016
Via email Only
rlennox@cityofimenifee.us
City of Menifee
Robert Lennox, Community Services Director
29995 Evans Road, West Annex
Menifee, California 92586
RE: Proposal for Appraisal Services
Potential Acquisition for Park Development Purposes
Vacant Acreage Totaling Approximately 4.45 Acres
Evans Road, south of Corson Avenue
William and Donna Thomas Ownership
Menifee, California
APN's 360-170-002, 003
Dear Mr. Lennox:
Pursuant to your request,the following proposal and scope of work for the above-referenced property
is submitted. It is our understanding that the City of Menifee is considering acquisition of the
Thomas owned sites for the development of a park. The purpose of the appraisal is to establish an
estimate of fair market value,as of a current date,to use as the basis for the initial offer price.The
subject parcels,which are located with the city limits of Menifee,contain approximately 4.45 acres,
according to assessor's plat snaps, identified as APN's 360-170-002 and 003.
Appraisal Assignment
Mason & Mason will provide an Appraisal Report consisting primarily of the Direct Sales
Comparison Approach to value the subject larger parcel. The appraisal report will conforn to the
Uniform Standards of Professional Appraisal Practice (USPAP).
The valuation assigmnent will reflect the fair market value as of current date, based upon the
highest and best use. It is assumed that the City of Menifee will not be sending notices to the
property owners,and the inspection of the sites will be conducted from the public right of way only,
unless otherwise instructed.
City of Menifee
Robert Lennox,Community Services Director
July 28,2016
The scope of the valuation assignment will include:
• Inspection of the larger parcel, from the public right of way. No notice will be sent to
the owners unless instructed otherwise;
• Ground photographs of the subject property;
• Review of Zoning, General Plan, Flood Zone, and other information pertinent to the
development and use of the subject property,
• Highest and best use analysis;
• Estimate the fair market value of the subject parcel based primarily upon the Direct
Sales Comparison Approach to value; and
• Prepare an Appraisal Report for the subject parcel.
The market data will be provided in a summary forinat, including summary charts, sales location
map,with plat maps and photographs of the comparable sales. Kim Pasquariello, SR/WA, will be
primarily responsible for the assignment, which will be reviewed by Frances Wolfe Mason,MAI,
with assistance from any of the named staff on the 2016 Fee Schedule.
With respect to time, the report will be delivered electronically via the Mason & Mason secure
intranet site at https:Hcloud.mason2cloud.com within 45 business days of authorization to proceed
and receipt of requested items. An original bound copy of the final report is available at an
additional cost upon request. The fee for the assignment is not to exceed$4,750,provided the scope
of work,does not expand beyond what is detailed above. Any changes subsequent to submission of
the report or intervening telephone conferences or meetings will be billed hourly. Mason&Mason
requests that the 2016 fee schedule be included with the contract for services with the
understanding that any of the staff named can be billed based on the stated hourly rates.
If retained the following are required, where available:
• Preliminary title report, together with the underlying documents, as available; and
• Copy of any relevant entitlement documents or studies pertaining to the subject (i.e.
pending development plans,hydrology, soils/environmental reports, etc.).
Mason & Mason can order a preliminary title report, if not currently available, at a cost over and
above the Mason fee quote. Typically, preliminary title reports cost $750 to $1,000; a cost that
would be added to our fee.
A CALIFORNIA CORPORATION 2
City of Menifee
Robert Lennox,Community Services Director
July 28,2016
Conclusion
If the above is correct and you are agreeable to the fee, please execute an original of this letter
contract or provide us with a letter of authorization confinning time,fee and scope of work. As you
are aware, all appraisals are premised upon certain general and specific assumptions. So that you
are informed as to the anticipated limiting conditions upon which this appraisal may be based,a copy
has been attached. If, for your appraisal, these require amendment, you will be notified. Please
initial one original set and return with the purchase order, or authorization to proceed. This
proposal is valid until July 29, 2016.
Please call if you have any questions.
Yours truly,
MASON &MASON
rances Wolfe Mason, MAI
READ, UNDERSTOOD, AND ACCEPTED
/ q/Z-
Client' Date
Enclosures
KP/FWM:iuin
...... ... . .. .:n.. .:�. ... .. _. ,.." ... .... �......., .,. , .....,f.. . ... .. . ...,. :7:a, ._..., ..-��.. ... .. . ..., ,....won
A CALIFORNIA CORPORATION 3
STATEMENT OF LIMITING CONDITIONS
The following statements, assumptions, and considerations are offered as a basis for this particular
appraisal report.
.. .. Factual information presented in this report has been furnished by or obtained from sources which
are considered reliable. While the data are believed to be correct, they cannot be guaranteed.
. . . . It is assumed that the legal description and title are good and that the subject ownership is free and
clear of all encumbrances except as may be detailed herein.
A land survey was not made by the appraisers; while the dimensions and areas shown and/or
referred to herein are assumed to be correct,property boundaries and locations of any improvements
as indicated on exhibits in this report are not to be construed as being based upon a survey for
which the appraisers are responsible. Where land dimensions or areas were shown on prepared
maps, they were used. Where areas or dimensions were not shown, they were scaled from the
prepared reaps and are subject to scaling error.
. . . . The Americans with Disabilities Act of 1990 ("ADA") became effective January 26, 1992. We
have not made a specific compliance survey and analysis of this property to determine whether or
not it is in conformity with the various detailed requirements of the ADA. It is possible that a
compliance survey of the property, together with a detailed analysis of the requirements of the
ADA,could reveal that the property is not in compliance with one or more of the requirements of
the Act. If so,this fact could have a negative effect upon the value of the property. Since we have
no direct evidence relating to this issue, we did not consider possible non-compliance with the
requirements of ADA in estimating the value of the property.
. . . . The final value estimate reflects fair market value of the fee estate.
. . . . The date of value for this appraisal is Xxxx xx, 20xx.
. . . . The appraisers assume no responsibility for hidden or unapparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is assumed for
arranging for engineering studies that may be required to discover them.
. . . . Unless otherwise stated in this report,the existence of hazardous material,which may or may not
be present on the property, was not observed by the appraisers. The appraisers,however, are not
qualified to detect such substances.The presence of substances such as asbestos,urea-formaldehyde
foam insulation,or other potentially hazardous materials may affect the value of the property. The
value estimate is predicated on the assumption that there is no such material on or in the property
that would cause a loss in value. No responsibility is assumed for any such conditions,or for any
expertise or engineering knowledge required to discover there. The client is urged to retain an
expert in this field, if desired.
_,.:c� .•-,n:a; .,.,.; .: :,.;t,; •� . .._metre s-:: :..r...,r.: .,,.::. . ..,:.....
~ A CALIFORNIA CORPORATION a, v . Initial
This report is made for the exclusive use of the client as indicated as the addressee on the letter of
transmittal.
It is assumed that there is full compliance with all applicable federal,state, and local environmental
regulations and laws unless noncompliance is stated,defined,and considered in the appraisal report.
It is assumed that all applicable zoning and use regulations and restrictions have been complied
with,unless a nonconfonnity has been stated, defined, and considered in the appraisal report.
It is assumed that the utilization of the land and improvements is within the boundaries or
property lines of the property described and that there is no encroachment or trespass unless noted
in the appraisal report.
The property is appraised assuming that all required licenses,certificates of occupancy,consents,
or other legislative or administrative authority from any local, state, or national government or
private entity or organization have been or can be obtained or renewed for any use on which the
value estimate contained in this report is based,unless otherwise stated.
The value premises cited are foundational and basic to the values reported herein and the right is
reserved to revise and/or rescind the appraisal opinions in the event the conditions are modified to
any extent.
The liability of Mason & Mason is limited to the amount of the fee. The firm and appraisers
preparing this report are not responsible for erroneous information provided by others.
Indemnification-The appraisers are not necessary parties in any inquiry or judicial proceedings.
They will not be called upon to testify in any litigation or other proceeding arising out of their
duties in this matter. If they are compelled to incur court costs, attorney's fees or other out-of-
pocket expenses in connection with court proceedings, such costs or expenses together with
appraisers'usual hourly per them applicable for their professional services for study,preparation,
testimony or travel will be paid by the party (or parties) who acts to bring any suit requiring a
judicial proceeding.
Testimony or attendance in Court is not required by reason of this appraisal with reference to the
property in question without a prior arrangement as to compensation and scheduling.
It is the client's responsibility to read this report and to inform the appraiser of any errors or
omissions of which he/she is aware prior to utilizing this report or making it available to any third
party.
No one other than the appraisers signing this report has prepared the analyses, conclusions, and
opinions concerning real estate that are set forth in this appraisal.
This report in its entirety is Copyright 2016 by Mason &Mason, a California Corporation. All
rights of reproduction are prohibited unless permission is granted in writing.
A CALIFORNIA CORPORATION Initial
MASON & MASON ® Frances W o.fe Mason„MAI
David S.Mason,MAI 1929-2015
Real Estate Appraisers and Consultants I Established 1926 Bradford Thorn pson.hriA N-GP.S,sRb'UA
Lisa M.Benson.I:AI
Kim Pasqueriello,SRNVA
2609 F-lonolulu Avenue,Suite 100 1 Montrose, CA 91020-1734 1 mason2.com Anne E.Pulis-Tappouni.Ph.D..^:Ai
P:818.957,1881 1 F: 818.957.1891 1 fmason@mason2.com Scott J.T>tompson.ic'AI
2016 STANDARD FEE SCHEDULE
Compensation for work performed on a time-and-materials basis will be computed as
follows through December 31, 2016:
APPRAISAL, PROJECT SUPERVISION & EXPERT WITNESS SERVICES
inclusive of Valuation, Consultation, Deposition, and Court Appearance
Frances Wolfe Mason, MAI $510.00/hour
Bradford Thompson, MAI, AI-GRS, SR/WA $400.00/hour
Lisa M. Benson, MAI $225.00/hour
• Kim Pasquariello, SR/WA $300.00/hour
• Anne E. Pulis-Tappouni, Ph.D., MAI $200.00/hour
• Scott J. Thompson, MAI $200.00/hour
Nash Tannarong $150.00/hour
ADMINISTRATIVE/RESEARCH ASSISTANT
• Nancy Tomlinson $ 95.00/hour
• Mairene Matthews $ 95.00/hour
Secretarial $85.00 to $95.00/hour
Court Exhibit Preparation $85.00 to $95.00/hour
Minimum Charge for Deposition and Court Appearances 4 hours
MISCELLANEOUS EXPENSES
The following are billed at cost:
• Subcontractor Services
Printing Services
• Photo Services
Court Exhibits
Long Distance Telephone Calls, Conference Calls, Fax, etc.
Commercial Delivery Services
Computer Services
Air Transportation and Travel Expenses
Automobile Travel @ Current IRS Rates
Cloud Hosting and Cloud Storage
Revised 5/1/16
APPRAISAL QUALIFICATIONS
MASON & MASON'
The firm of Mason & Mason, Real Estate Appraisers & Consultants, established in 1926, conducts an
appraisal and consulting business throughout California. Offices have been maintained in Glendale since
April 1, 1957. Mason & Mason is a California Corporation and is a Certified Woman Owned Business
(WBE) by the California Public Utilities Commission (CPUC).
The primarygeographicarea served is all of California,including assignments undertaken and completed
in Arizona and Nevada.
Mason&Mason has appraised large scale multiple-parcel projects as well as individual properties within
the past ten(10)years. Recent multiple parcel appraisals have included over sixteen hundred properties
for acquisition for the Los Angeles County Sanitation Districts in the Antelope Valley, several hundred
properties for electrical transmission corridors for Southern California Edison, including the Tehachapi
Renewables Transmission Project substations and transmission corridor in Kern and Los Angeles
counties and several hundred acres for the Metropolitan Water District of Southern California for the
Eastside Reservoir south of Hemet in Riverside County. Large acreage holding appraisals include the
80,000+acre Hearst Ranch, San Luis Obispo County, 28,435+ acre Onyx Ranch, Kern County and the
1,731 acre Joughin Ranch, Los Angeles County.
Review appraisal assignments include many individual ownerships as well as specialized reviews as a
result of Superior Court appointments. Large project review assignments include the State Highway 91
HOV Project for RCTC and 200+ parcels for California High Speed Rail Project.
In general, Mason & Mason's clientele includes many cities, counties, the State of California and the
Federal Government. Agencies include California Department of Transportation,California Department
of Justice, Riverside County Transportation Commission, Metropolitan Transportation Authority, Los
Angeles County Department of Public Works and the Orange County Transportation Authority. The cities
include Los Angeles, Long Beach,Glendale, Pasadena,Santa Monica,Santa Ana,Torrance,Camarillo,
Fontana, Riverside, Palm Desert, Rancho Cucamonga, and others. Assignments have also been
completed for numerous city and county aviation facilities.
Among the private clients have been numerous attorneys, individuals and private corporations,such as
the Hearst Corporation, Lockheed Martin Corp., Southern California Edison, Pacific Gas & Electric,
Newhall Land&Farming,Time Warner Cable, Charter Communications, Comcast Corp., Standard Oil,
Union Oil,Shell Oil,American Land Conservancy, Le Fiell Manufacturing Co., MIPCO, LLC and Sempra
Energy,as well as many banks,savings&loan institutions,public utilities, insurance and title companies.
The appraisers in the firm are:
• Frances Wolfe Mason, MAI Anne E. Pulis-Tappouni, Ph.D., MAI
• Bradford Thompson, MAI, AI-GRS, SR/WA Scott J. Thompson, MAI
• Lisa M. Benson, MAI Nash Tannarong
• Kim Pasquariello, SRMA
Revised 12-15
APPRAISAL QUALIFICATIONS
FRANCES WOLFE MASON, MAI
APPRAISAL EXPERIENCE
Appraiser and Vice-President with Brown-Wolfe,Inc.;offices in Louisville,Kentuckyand NewAlbany,Indiana. In addition
to corporate management,appraisal experience involved a variety of property including acreage,farm and rural property,
single and multi-family residences,commercial,commercial specialtyand shopping centers,motels,office buildings and
with specialization in industrial categories. Clients served were individuals, attorneys, corporations and agencies.
Relocated to California and joined the firm of Mason&Mason in Glendale, California. Appraisal assignments include
full and partial takings in fee as well as easements for projects in Ventura,Los Angeles,San Bernardino,Riverside,and
Orange Counties. Types of properties involved in eminent domain or litigation actions include residential,commercial,
industrial and agricultural both improved and unimproved. Services rendered involve appraisal review, and full and
partial take appraisal report preparation of retail, office, industrial, mobile home parks, business parks,
telecommunication sites, agricultural, and residential uses, including determination of severance damages and/or
benefits for condemnation acquisitions,redevelopment acquisitions,propertytax appeals,deficiencyjudgments,financial
decisions, and planning purposes.
1992 to current,President and Managing Partnerof Mason&Mason Real Estate Appraisers,Consultants,and Property
Management,A California Corporation.
In addition to the above, non litigation assignments for tax planning, mortgage loans, partnerships and corporations
include market value appraisals,fair rental studies and highest and best use studies for vacant land of all types,sizes
and uses;telecommunications sites;multi-family apartment and condominium complexes;industrial and manufacturing
properties; aviation oriented property and port oriented real estate.
Vacant land appraisals include 81,000+ acre Hearst Ranch (conservation easement), San Luis Obispo County, Ca;
42,000±acres desert and water toll acres Blythe, California and 23,000 acres desert, vineyards and orchards, Cadiz,
California. Many appraisals have also been completed on properties located in Pasadena,including: Pasadena YWCA,
Pacific Asia Museum,Pasadena YMCA,Pasadena Central Library,The Rose Bowl,DeLacey and Schoolhouse parking
garages.
A partial listing of individuals,attorneys and corporations forwhom I have completed appraisal assignments is as follows:
AlvaradoSmith,A Professional Corporation Demetriou, Del Guercio, Springer&Francis
American Land Conservancy Doheny Family
Avila & Putnam FDIC
Best, Best& Krieger Fulbright&Jaworski
Burke, Williams &Sorensen The Gas Company
California Dept. Of Justice Lewis, Brisbois, Bisgaard &Smith, LLP
California Dept. of Transportation Lockheed Martin
County of Los Angeles Price, Postal & Parma
County Sanitation Districts of Los Angeles County Prudential Insurance Co.
Loeb & Loeb Rutan &Tucker
Loma Linda University Richards, Watson &Gershon
Metropolitan Water District of So. Calif. Newhall Land & Farming
Murphy,Austin,Adams&Schoenfeld, LLP Nordman, Cormany, Hair&Compton
City of Glendale Ochoa &Sillas
City of Los Angeles O'Melveny& Myers
City of Palm Desert San Bernardino County Water
City of Pasadena San Diego Valley Municipal Water Authority
City of Riverside Sheppard, Mullin, Richter& Hampton
Southern California Edison Co.
01/16 FWM-Page 1 of 3
EXPERIENCE-ARBITRATOR
Sea World, San Diego, CA Land Lease Renegotiations January, 2004
Marriott Hotel & Marina, CA January, 2010
PROFESSIONAL AFFILIATIONS
Nov. 1977 Elected to MAI membership in the American Institute of Real Estate Appraisers,
Certificate No. 5737
1987 to current International Right of Way Association, member
1991 to current Certified General Appraiser, State of California, Certificate No.AG001649
2002 to current Real Estate Broker, State of California, ID No. 01330850
1970 to 1983 Licensed Real Estate Broker, Indiana
1994 to current Associate Member, Urban Land Institute
1995 to current Associate Member,American Bar Association
1985 to current Member,Aircraft Owners &Pilots Association
PROFESSIONAL ACTIVITIES
1993-94 Participated in the drafting of Appraisal Standards for Land Secured Financings for the California Debt
Advisory Commission as required by Senate Bill 1464.
1991-92 Served as liaison between State of California Office of Real Estate Appraisers (OREA) and the Appraisal
Institute for accreditation of all Appraisal Institute Courses historic and current required by Assembly Bill 527.
1973-74 Served as a member of the Education Committee, Indiana Association of Realtors.
1971-74 Served as Director and Chairman, Education Committee, Southern Indiana Board of Realtors.
SPECIALIZED APPRAISAL TRAINING& CERTIFICATION
Certified through December 31,2017, under Appraisal Institute(formerly A.I.R.E.A.)Voluntary Continuing Educational
Program and completed recertification requirements of Certified General Appraiser Certificate, State of California
(through February 2018).
POSITIONS HELD-APPRAISAL INSTITUTE, formerly
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
National Regional
1987-89 Division of Courses 1988 Committee to Nominate Governing Counselors
1983-86 Candidate Guidance 1983-90 Southwest Regional Committee
1979-80 Special Education Seminars 1976 Great Lakes Regional Conference Committee
1978 Division of Seminars
Chapter-Southern California Chapter#5
1997 Special Advisor to Board of Directors, Co-Chair- Litigation Seminar
1995 Member, Nominating Committee
1992 Special Advisor to Board of Directors
1991 Past President-Board Advisor, Chair-External Affairs
1990 President
1989 Vice President
1988 Secretary Treasurer
1987-88 Chair Education Courses
1986 Assistant Secretary
1983-85 Director
01/16 FWM-Page 2 of 3
POSITIONS HELD-APPRAISAL INSTITUTE, formerly
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS, (continued)
Chapter-Southern California Chapter#5 (continued)
1982 Education Coordinator
1980-81 Chair-Education Courses
Chapter- Indiana
1976 Seminar Committee
SPECIALIZED APPRAISAL COURSES
• AIREA Appraisal Course I -Basic Appraisal Principles, Methods/Techniques, 1971.
• AIREA Real Estate Appraisal 1-B-Capitalization Theory and Technique, 1973.
• AIREA Real Estate Appraisal II -Urban Properties, 1974, University of Virginia.
• AIREA Real Estate Appraisal VI -Real Estate Investment Analysis, 1975, University of Colorado.
• AIREAStandards of Professional Practice,1982 and Appraisal Institute Standards of Professional Practice,
1991.
• Feasibility Analysis, University of Wisconsin.
• National Institute of Real Estate Brokers Management. Courses I, II and III.
• Attended numerous specialized seminars and workshops throughout the years.
OTHER QUALIFICATIONS
2001 Professional Service Award-Southern California Chapter of Appraisal Institute
Qualified as an expert witness in Real Estate Valuation in the Superior Court of the State of California in Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties.
FAA licensed pilot, private pilot, single engine land.
I certify that to the best of my knowledge, the above statements are true and correct.
Respectfully submitted,
Frances Wolfe Mason, MAI
State of California Certificate No.AG001649
01/16 FWM-Page 3 of 3
APPRAISAL QUALIFICATIONS
KIM PASQUARIELLO, SR/WA
RELEVANT EXPERIENCE
Currently employed as an appraiser with Mason and Mason Real Estate Appraisers & Consultants; California
Certified General Real Estate Appraiser and hold the SR/WA designation,awarded through the International Right
of Way Association. Extensive experience in both the public and private sectors in the field of real estate
appraisal.
Responsibilities as an independent fee appraiser include the valuation of all property types. For the past 20 years,
the bulk of assignments have been in the right-of-way related field. Typical clients included the California
Department of Transportation (Cal-Trans), the Ohio Department of Transportation (ODOT), various cities and
counties,attorneys and private party litigation.In addition,client list has included manyvarious institutional lenders
which involved the valuation of large vacant tracts, large proposed single family residential subdivisions,
commercial and industrial properties. The following delineates educational and professional background.
FORMAL EDUCATION
Graduate of Worthington High School, 1973-Worthington, Ohio
Military Education - 1974-1979 United States Army Reserves-served in various locations-Graduated
from Womack Army Hospital-Fayetteville, North Carolina
Associates Degree in Vocational Nursing 1975-Ft. Bragg, Fayetteville, North Carolina
PROFESSIONAL EXPERIENCE
1980-1983- Real Estate Sales, Idyllwild, California
1983-1985-Associate Appraiser with Independent Real Estate Appraisers and Consultants,Inc.;Marshall
McIntyre, MAI/SRPA, President
June 1985-August 1995-General Partner-Independent Real Estate Appraisers in Hemet, California
September 1995-January 1997-Owner-Independent Real Estate Appraisers-Hilliard, Ohio
January 1997-September 2001 - Realty Specialist, ME Companies-Westerville, Ohio
September 2001-October 2004-Owner of Pasquariello&Associates, LLC- Dublin, Ohio
November 2004-present-Mason&Mason Real Estate Appraisers&Consultants-Montrose,California
PROFESSIONAL AFFILIATIONS
SR/WA-Designated Senior Right-of-Way Agent-International Right of Way Association
Certified General Real Estate Appraiser-State of California-Certificate No.AGO04306
Kim Pasquariello is a Practicing Affiliate of the Appraisal Institute
APPRAISAL EDUCATION
Principles of Real Estate Appraisal - Lumbleau Real Estate School, 1979
Course 101, Society of Real Estate Appraisers, 1985
Course 102, Society of Real Estate Appraisers, 1986
Capitalization Theory and Techniques, Part A, American Institute of Real Estate Appraisers, 1987
Capitalization Theory and Techniques, Part B, American Institute of Real Estate Appraisers, 1987
Course 214, Skills of Expert Testimony-IRWA, 1988
Successfully challenged Exam 1A-2,Basic Valuation Procedures,American Institute of Real Estate Appraisers,
1989
01/15 KP Page 1 of 3
Appraisal Education (continued)
Successfully challenged Exam 1A-1/8-1, Real Estate Appraisal Principles, American Institute of Real Estate
Appraisers, 1989
Course 403, Easement Valuation, IRWA, 1990
Course 401 -The Appraisal of Partial Acquisitions, IRWA 1990
Case Studies in Real Estate Valuation, Exam 2-1;American Institute of Real Estate Appraisers, 1990
Standards of Professional Practice Part A,Appraisal Institute(formerly The American Institute of Real Estate
Appraisers), 1991
Standards of Professional Practice Part B,Appraisal Institute, 1991
Course 901 - Engineering Plan Development and Application, IRWA, 1991
Course 902-Property Descriptions. IRWA, 1993
Appraisal and Appraisal Review for Federal-Aid-Highway;Sponsored by U.S.Department of Transportation-
Federal Highway Administration. 1994
Course 101 -Appraisal, Law, Engineering and Negotiations, IRWA, 1997
Course 720-Condemnation Appraising -Advanced Topics and Applications,Appraisal Institute, 1999
Course 103- Ethics and the Right of Way Profession. IRWA 1999
Course 802-Legal Aspects of Easements, IRWA, 1999
Course 403-Easement Valuation, IRWA, 1999
Course 200-Principles of Real Estate Negotiation, IRWA, 2001
Course 801-Land Titles, IRWA 2001
Course 201 -Communications in Real Estate Acquisitions, IRWA, 2001
Course 205- Bargaining Negotiations, IRWA, 2001
Course 430-Standards of Professional Practice, Part C-Appraisal Institute, 2002
Course 400-7 Hour National Uniform Standards of Professional Practice(USPAP),Appraisal Institute,2004
Course410-15 Hour National Uniform Standards of Professional Practice(USPAP),Appraisal Institute,2005
Course-URAR- Uniform Residential Appraisal Report, Appraisal Institute, 2005
Course-900- Engineering, IRWA, 2006
Course-103-Ethics and the Right of Way Profession, IRWA, 2006
7-Hour National USPAP Update Course, Appraisal Institute, 2007
Annual Valuation Seminar, IRWA, 2010
Supporting Capitalization Rates, Appraisal Institute, 2010
Condemnation Appraising Principles &Applications,Appraisal Institute 2010
Business Practices &Ethics,Appraisal Institute, December 2010
7-Hour National USPAP Update Course, McKissock, March 2011
Course 802-Legal Aspects of Easements, IRWA, September 2011
Course 213-Conflict Management, IRWA, October 2011
Course 700-GRE-The Appraiser as an Expert Witness,Appraisal Institute, March 2012
Course 705-GRE-Litigation Appraising-Specialized Topics,Appraisal Institute, March 2012
Federal and California Statutory and Regulatory Law Course,Appraisal Institute, 2012
Annual Valuation Seminar, IRWA, 2013
Annual Litigation Seminar,Appraisal Institute, 2013
7-Hour National USPAP Update Course, McKissock,April 2013
Annual Valuation Seminar, IRWA, 2014
Successfully completed the following courses for the purpose of obtaining Real Estate Brokers License in the
State of California
Real Estate Law
California Real Estate Principles
The Essentials of Real Estate Economics
Real Estate Finance
Modern Real Estate Practice
Basic Real Estate Appraisal
Property Management
Real Estate Office Administration
01/15 KP Page 2 of 3
PROFESSIONAL ACHIEVEMENTS
Named 1999 Professional of the Yearby the International Right of WayAssociation-Chapter 13-Columbus,Ohio
OTHER QUALIFICATIONS
Qualified as an expert witness in Real estate Valuation in the Superior Court of the State of California in Los
Angeles, Riverside, San Bernardino and Ventura Counties.
RECENT STATE/FEDERAL RIGHT-OF-WAY PROJECT INVOLVEMENTS
Warren County-Route 122-Section 1.40 Athens County-Route 33 -Section 30.980
Guernsey County-Route 209-Section 11.50 Fairfield County-Route 33-Section 13.25
Ottawa County-Route 163 -Section 0.04 Los Angeles County-Inverse Condemnation
Meigs County-Route 124-Section 22.72 Caltrans-Pearblossom SR 138
Meigs County-Route 124-Section 31.57 Caltrans-1-210 Extension through Rialto
I have been involved in various Local Public Agency projects around the State of Ohio and the State of California
that were not State or Federally funded. A partial list of clients in this capacity are as follows:
City of Columbus City of Rancho Cucamonga
City of Dublin City of Rialto
City of Fontana City of San Jacinto
City of Glendora Delaware County Engineers Office
City of Heath Franklin County Engineer's Office
City of Hilliard Los Angeles Redevelopment Agency
City of Westerville Summit County Engineer's Office
City of Perrysburg Los Angeles World Airports
I certify that to the best of my knowledge,the above statements are true and correct.
Respectfully submitted,
Kim Pasquariello, SR/WA
State of California Certificate No.AG004306
01/15 KP Page 3 of 3