HomeMy WebLinkAbout1998-11-10; City Council; 14929; SELECTION OF FINANCIAL CONSULTANT FOR PREPARATION OF AN INFRASTRUCTURE FINANCING DISTRICT REPORT, AND DESIGNATION OF SPECIAL LEGAL COUNSELAB# 1792? w:
SELECTION OF FINANCIAL CONSULTANT FOR MTG. 1l-1 (3 -'?e PREPARATION OF AN INFRASTRUCTURE FINANCING
DISTRICT REPORT, AND DESIGNATION OF SPECIAL
DEPT. CM LEGAL COUNSEL.
DEPT. HT CITY ATTY.
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'CITY OF CARLSBAD - AGE 19b A BILL
RECOMMENDED ACTION:
Adopt Resolution No. 'i g *3h' Q approving the selection of a consultant to prepare a financial feasik
and required financial documents for the formation of an Infrastructure Financing District, auth
Mayor to execute an agreement with Keyser Marston, designating the firm of Kane Balmer Berkman
legal counsel, and appropriating funds.
ITEM EXPLANATION:
In 1993, LEGO and the City of Carlsbad began discussions about the possibility of locating a LEC
the Carlsbad Ranch site. Part of those discussions addressed how public infrastructure is f
California, and how these various alternative financing plans could be used to pay for infrastructure
Carlsbad Ranch project and LEGO. The financing techniques discussed included the formation of A
Districts, Community Facilities Districts (Mello-Roos Districts), parking authorities, and Infrastructurc
Districts (IFD).
Several years later the City approved a development agreement between the City and LEGO whic
language dealing with two possible infrastructure financing techniques : 1) formation of an Assessm
to fund the major public improvements within the Carlsbad Ranch project, and 2) to attempt to form
the LEGO park parcel to provide funding for a portion of those improvements.
In 1997, the City completed the formation of a 1913 act assessment district that funded a portion 01
improvements on Carlsbad Ranch including Cannon Road and Armada Drive, as well as the related
utilities, landscaping, and other improvements.
Until now, the formation of the IFD has been delayed due to conflicting legal opinions at the state lev
ability of local agencies to successfully form a district under the law as currently written. An opinia
State Attorney General has provided clarification on this matter, and the City may now move forwa
district formation, if such a district is economically feasible.
Staff is recommending that the Council authorize the hiring of a financial consultant to prepare ,
feasibility report, and a financing plan as required by the IFD statutes. The financial feasibility repo
the City Council the ability to determine if an IFD is a viable infrastructure financing technique, and w
staff should proceed with the development of the financing plan and IFD formation.
Staff solicited proposals from two firms with experience in developing tax increment financing
redevelopment agencies, and Mello-Roos taxing formulas, both of which are similar to the expertise
prepare an IFD financing plan. Katz Hollis and Keyser Marston both responded to the City's r
proposal. The price quoted by both firms are very close - between $43,000 and $50,000 for the sti
direct costs estimated to be about $1 0,000.
Although both firms have excellent credentials, staff is recommending that the Council award the c
services to Keyser Marston. This proposal is based on a time and materials estimate, and allows tt- opportunity to reduce the total cost of the proposal if fewer consultant hours are used,
The costs of this work are recoverable from the IFD if it is ultimately formed.
Upon the completion of the feasibility study, staff will return to the Council with a full report on the PO: the projects to be funded, and the fiscal impact to the City.
Staff is also asking Council to approve the retention of Glenn Wasserman, of Kane Balmer Berkmal
counsel to the City to assist with the IFD formation process. Mr. Wasserman is the City's rede
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0 0 EXHIBIT 1
RESOLUTION NO. 98-368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GAL
APPROVING THE SELECTION OF A CONSULTANT TO PREPARE A FI
FEASIBILITY REPORT, AND REQUIRED FINANCIAL DOCUMENTS F
FORMATION OF AN INFRASTRUCTURE FINANCING DISTRICT, AUTH
THE MAYOR TO EXECUTE AN AGREEMENT WITH KEYSER M/
DESIGNATING THE FIRM OF KANE BALMER BERKMAN AS SPECIAL
COUNSEL, AND APPROPRIATING FUNDS.
WHEREAS; The City of Carlsbad has entered into a development agree
with the LEGO Park Planning, dated January 6,1996, and
WHEREAS; Section 3.2.7 of said development agreement states that tht
agree to consider the formation of an Infrastructure Financing District (IFD) to a
with he funding of public improvements within and around the Carlsbad Ranch I
serving the LEGO park parcel, and
WHEREAS, prior to entering into the process of forming an IFD it is nece
for the City to test the financial feasibility of the project, and
WHEREAS, if the project is found to be feasible, and the City Council elc
proceed with the formation of the IFD, state law requires that a formal financing
submitted with the formation documents, and
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WHEREAS the City staff has solicited proposals from firms that are qua
provide both a financial feasibility report and a final financial plan as required b
law,and
WHEREAS , the proposal of Keyser Marston Associates, Inc. has been
determined to most closely meet the City’s needs, and
WHEREAS, the City will require the assistance of legal counsel in the rc
information prepared by Keyser Marston, and in the formation of any subsequc
Infrastructure Financing Districtt,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI1
CARLSBAD CALIFORNIA as follows
1. That the above recitations are true and correct.
2. That the firm of Keyser Marston Associates, Inc. is hereby selected as tt-
financial consultant for the IFD project.
3. That the Mayor is hereby authorized to execute an agreement with Keys
Marston for services related to the preparation of a financial feasibility rc
a final financing plan related to the formation of an IFD.
4. That the firm of Kane Balmer Berkman is appointed to be legal counsel t
City in matters related to the formation of an IFD
5. That the amount of $85,000 is hereby transferred from the City Council’:
Contingency account to the Finance Department miscellaneous professic
services account to fund these financial studies.
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PASSED AND ADOPTED THIS 10th DAY OF November
BY THE FOLLOWING VOTE TO WIT:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Ny
ABSTAIN:
Y v-
CLAUDE A. LEWIS, MAYOR
ATTEST:
1 ALETHA L. RAUTENKRANZ, CITY CLERK
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PAGE 2 OF AGENALL NO. 1% 92 9 e
counsel, and has particular expertise in tax increment financings similar to those allowed under th
Mr. Wasserman was also instrumental in drafting the existing development agreement between tt
LEGO. This experience will be particularly valuable as we move through the IFD formation process.
FISCAL IMPACT:
Staff is asking the council to appropriate a total of $85,000 from the general fund contingency acc
Finance Department miscellaneous professional services account to cover the full costs of the
contract with Keyser Marston, and any charges from Kane Balmer Berkman. Should the Council ch
the IFD formation process after the presentation of the feasibility study, any unexpended funds will
to the general fund. If the IFD is ultimately formed, these funds will be recoverable from IFD revenul
EXHIBITS:
1. Resolution No. cf8 -368 approving the selection of a consultant to prepare a financial feasit
and required financial documents for the formation of an Infrastructure Financing District, auth Mayor to execute an agreement with Keyser Marston, designating the firm of Kane Balmer Berkmar
legal counsel, and appropriating funds.
2. Proposal from Keyser Marston dated October 1, 1998.
e 0 EXHIBIT 2
Proposal for Consulting Services:
Infrastructure Financing Plan
Legoland Theme Park
Submiffed by:
Keyser Marston Associates, Inc.
Date:
October 1,1998
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1660 Hotel Circle North, Suite 71
San Diego, California 9210
kmasd@ kmainc.cor -
Golden Gateway Common 55 Pacific Avenue Ma
San Francisco, California 941 1
kmasf@kmainc. cof;
500 South Grand Avenue, Suite 1481
Los Angeles, California 9007
kmala@ kmainc.cofi
ADVISOh
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KEYSER MARSTON ASSOCIATES INC. REAL E$
1660 HOTEL CIRCLE NORTH REDEVE
SUITE 71 6 AFFORD
SAN DIEGO. CALIFORNIA 92108 ECONON PHONE: 619 / 718-9500
FAX: 619 1718-9508 INFRASI E-MAIL: KMASD@KMAINC.COM WEE SITE: HTTP://WWW.KMAINC.COM VALUA’I
LITIGA
FtSCAL 1
SAN DIE
GERALC October 1, 1998 ROBERT
PAUL C.
SAN FRA.
TIMOTHI Administrative Services Director KATE EA
DENISE I
City of Carlsbad MARTHA
LOS ANG Carlsbad, CA 92008-1 989 CALVIN
KATHLEI Re: Proposal for Consulting Services JAMES A
A. JERR’ Mr. James F. Elliott
Office of the City Manager DEBBIE I
1200 Carlsbad Village Drive
Infrastructure Financing Plan
Dear Jim:
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic
consulting services related to the proposed Infrastructure Financing District ‘for the Legoland
theme park. This letter presents: background on the assignment; KMA’s qualifications; and
our proposed work program and fee proposal.
1. Project Background
It is KMA’s understanding that the City of Carlsbad seeks to establish an Infrastructure
Financing District (IFD) in the area of the Legoland theme park. The objective of the IFD is tc
provide a public financial contribution in the range of $1.5 to $3.0 million toward infrastructure
improvements to be constructed by the Leg0 Company. As currently contemplated, the IFD
would consists of one or two parcels: the Leg0 theme park (about 125 acres) and/or an
adjacent proposed hotel site (about 50 acres). The precise amount, type, and cost of
infrastructure to be funded are yet to be determined.
The proposed IFD would be established pursuant to Section 53395 of State law. To KMAs
knowledge, it would be the first such district in the State. KMA expects that this work effort wi
be a collaborative one, with participation by City staff, legal counsel, the landowner, and
County staff. In particular, the City Attorney and special legal counsel Glenn Wasserman of
Kane Ballmer Berkman will address all legal aspects of the process, including coordination of
the legally mandated schedule for adoption of an IFD.
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October 1, 19! Mr. James F. Elliott
Proposal for Consulting Services Page
Infrastructure Financing Plan
KMA proposes a two-part work effort, as follows:
1. A key objective of the preliminary work effort will be to gauge the financial feasibility of th,
proposed IFD. This initial assessment will address the amount and timing of tax incremei
revenues and potential methods of financing the designated infrastructure costs. KMA
understands that only the City and the County are expected to participate in the IFD. Thc
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KMA analysis will address the share of tax increment required from each.
2. Based on the results of the preliminary financial feasibility assessment, it is anticipated th
the City will select a preferred approach for the IFD. KMA will update the financial model
and fiscal impact assessment to reflect the preferred financing plan. The KMA analyses
will be presented in the form of an Infrastructure Financing Plan in accordance with Sectic
53395.14(d).
II. KMA Qualifications
A. Firm Profile
KMA is a full-service real estate and land use economic advisory firm established in 1973.
The firm has three offices in California, including a local office in San Diego (and previously
Carlsbad) since 1078. The firm’s 12 principals have demonstrated expertise in the key
disciplines required to undertake the Infrastructure Financing Plan:
0 Tax increment projections, including Fiscal Consultant Reports for bond issues
0 Real estate appraisal
0 Fiscal impact assessments
0 Infrastructure financing plans
0 Redevelopment Plan adoption
The firm’s local experience is extensive, including ongoing consulting assignments throughout
the County. KMA has completed several projects for the City and Redevelopment Agency of
Carlsbad, including a Fiscal Consultant Report for the Village Redevelopment Project Area; a
mobile home rent control appraisal; and land use economic studies for the General Plan
Update in the early 1990s. The firm is currently working on retaWentertainment projects in
Oceanside and Vista, as well as housing developments in Vista and San Marcos.
B. Key Personnel
The following KMA professional staff will be assigned to this project:
Paul C. Marra, Principal in KMA’s San Diego office, will serve as project manager. Paul
has 15 years experience as an economic consultant with specialized expertise in
October 1, 1 S Mr. James F. Elliott
Proposal for Consulting Seryices Pagc
0 0
Infrastructure Finansing Plan
infrastructure finance and fiscal impact analyses. Of particular importance, Paul was
active in Redevelopment Plan adoptions prior to AB 1290, i.e., he participated in the Fis
Review process with the County of San Diego and other taxing agencies.
Cal Hollis, KMA Senior Principal, and Greg So0 Hoo, Senior Associate, will provide
technical assistance with respect to the tax increment forecasting model. Both Cal and
Greg have extensive experience in this field, including successful completion of numeroi
Redevelopment Plan adoptions and amendments as well as tax allocation bond financini
Robert J. Wetmore, KMA Senior Principal and a licensed real estate appraiser, will provil
technical guidance in respect to valuation of proposed improvements (for purposes of tht
tax increment projection).
At the conclusion of this letter, we have attached detailed information on KMA's relevant
experience, client references, and professional resumes.
111. Proposed Work Program
A. Project Initiation
At the outset, KMA proposes to participate in a kick-off meeting with City staff and Glenn
Wasserman. The objectives of this meeting will include:
Collection and review of available data and studies
Review of schedule of activities
0 Identification of up to three alternatives to be tested, e.g., one or two parcels; varying
shares of City and County tax increment; amount and type of infrastructure; etc.
0 Collection of information from Legoland, including: timing and valuation of theme park, ai
hotel development program
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Timing: Days 0 to 15
Products: None
Meetings: Two (2)
Budget: $2,400
6. Preliminary Financial Feasibility Assessment
KMA will prepare a preliminary financial model addressing the following for each of the three
alternatives:
October I, 19 0 a Mr. James F. Elliott
Infrastructure Financing Pian Proposal for Consulting Services Pagt
0 Determination of the base year and the base year Assessed Value
Estimation of Assessed Value upon completion, including: review of total development
costs, and discussion with the Assessor’s Office
0 Projection of amount and timing of available tax increment revenues
0 Evaluation of alternative shares of tax increment to be received by the IFD
Review of eligible infrastructure improvements and estimated costs (data to be provided
City)
Preliminary cash flow projection of sources and uses of funds
Estimation of bond financing capacity
Timing: Days 15 to 45
Products: Technical memorandum report with supporting spreadsheets
Meetings: One (I)
Budget $7 6,7 00
C. Preliminary Fiscal Impact Assessment
KMA will prepare a preliminary fiscal impact assessment for the most probable development
alternative. On advice of legal counsel, this assessment may involve either one or both
development parcels. Using our in-house proprietary fiscal impact modeling software, KMA
will estimate recurring annual service cost and tax revenue impacts at stabilization for both th
City’s and County’s General Funds.
The objectives of the fiscal impact assessment are twofold:
1. To comply with the requirements of Section 53395.14(d)(6) and (7); and
2. To identify the key economic benefits of the Leg0 theme park and related development to
both the City and County.
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This assessment will involve the following work tasks:
0 Review of prior fiscal studies
0 Review of the City’s and County’s operating budgets
0 Interviews with key department heads in the City and County, as necessary
0 Projection of economic benefits (e.g., job creation, indirect impacts, etc.) to the City and
County
0 Assistance to the City in negotiation sessions with County staff
_.
October 1, 19s Mr. James F. Elliott
Proposal for Consulting Services Page lnfrastructure Financing Plan
0 a
Timing: Days 30 fa 60
Products: Technical memorandum report with supporting spreadsheets
Meetings: Two (2)
Budget: $14,300
D. Presentations to City, County, Legoland
After successful completion of the preceding tasks, KMA will participate with City staff and
legal counsel in discussion and review of the findings. At this stage, it is anticipated that City
staff will make several key decisions as to whether to proceed and the preferred strategy.
Once a preferred strategy has been identified, KMA understands that the City Council will
consider a Resolution of Intent to adopt an IFD. KMA will provide assistance in the
preparation of presentation materials for the City Council, briefings with Councilmembers, an(
participation in the Council meeting. As needed, KMA will also participate in presentation or
negotiation meetings with County staff and/or Legoland.
Timing: Days 60 to 90
Products: Presentation materials
Meetings: Three (3)
Budget: $5,300
E. Infrastructure Financing Plan
This final work task involves preparation of comprehensive Infrastructure Financing Plan. Thc
Plan will incorporate a detailed financial and fiscal analysis of the preferred strategy identified
in the preceding tasks, as well as any modifications required as a result of City Council action
or agreements with the County or Legoland.
The Plan will specifically address the following:
0 Demonstration of financial feasibility of the District
0 Limits on tax increment and term
0 Pass-through payments to County and/or City
Method of financing proposed infrastructure
9 Fiscal impact assessment of the project
KMA will submit a draft Plan for internal review by City staff. The final Plan will be submitted
within two weeks of receipt of City comments on the draft.
If needed, KMA will participate in public hearings on the IFD with the City Council and/or
County Board of Supervisors.
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October 1, 19 Mr. James F. Elliott
Proposal for Consulting Services Pagc Infrastructure Financing Plan
Timing: Days 90 to 720
0 0
Products: Two (2):
Draft report for internal review only
Final report suitable for public distribution
Meetings: Two (2)
Budget: $4,800
Summary of Schedule and Fee
The following chart summarizes KMA's proposed fee and schedule by task:
kk Schedule Fee
A. Project Initiation Days 0 to 15 $2,400
B. Preliminary Financial
Feasibility Assessment Days 15 to 45 $16,100
C. Preliminary Fiscal
Impact Assessment Days 30 to 60 $14,300
D. Presentations to City, County, Days 60 to 90 $5,300
Legoland
E. Infrastructure Financing Plan Days 90 to 120 $4.800
Total Fee Estimate $42,900
-_ KMA proposes to provide these services on a time-and-rnaterials basis subject to the above
fee estimates by task. KMAs hourly billing rate schedule is attached.
The KMA work program includes up to ten (10) meetings and/or public hearings. Additional
meetings will be charged on a time-and-materials basis.
As you know, it is difficult to determine in advance the exact number of meetings, alternatives
and interim work products required to complete the IFD adoption process. The above budge1
breakout represents KMAs best estimates of the scope and quantity of work needed to
complete the Infrastructure Financing Plan. Inasmuch as the IFD adoption process will be a
collaborative effort, it is likely that KMAs ultimate scope and budget will be higher or lower,
subject to direction from City staff.
*****
Mr. James F. Elliott 0 a October 1, 19
Infrastructure Financing Plan
Pagt Proposal for Consulting Services
We trust that this proposal is responsive to your needs. Please call if we can provide further
information or clarification.
Thank you for considering KMA for this important assignment.
Sincerely,
KEYSER MARSTON ASSOCIATES, INC. td@- Paul C. Marra
Enclosures:
0 Attachment A: Firm Profile and Experience
0 Attachment B: Client References
0 Attachment C: Professional Resumes
0 Attachment D: Hourly Billing Rates
98098ndh
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KEYSER MARSTON ASSOCIATES, INC.
Keyser Marston Associates, Inc. (KMA) has one
of the largest real estate advisory practices on
the West Coast, with experience in all types of
commercial and residential real estate. Founded
in 1973, the iirm has served LOO clients on more
than 2,000 projects.
Representative public sector clients include
nearly every major municipality in California, as Strategic Plans
well as cities throughout the west, the Ports of
Seattle, Portland, Los Angeles, San Francisco and - Predevelopment Managemei Oakland, county and special districts, as well as
public and private colleges and universities. The
- -. firm’s private sector clients include financial 0 Redevelopment
institutions, life insurance companies, major
corporations, law firms, landowners, and developers. a Infrastructure Finance
KMA’s principals are frequent speakers to industry 0 Fiscal Impact
groups such as the Urban Land Institute,
International Council of Shopping Centers,
League of Cities, California Community
Redevelopment Association, and other similar
organizations. KMA’s principals have served on
the Governor’s Task Force on Military Base Reuse
and have advised both the California Legislature’s
Committee on Economic Development and the
California Redevelopment Association (CRA).
KMA provides services through its three ofi
in California: San Francisco, Los Angeles,
San Diego. Services include:
17 Real Estate
Product Definition
Implementation
D Economic Development Strategies
D Affordable Housing
o Valuation and Litigation Support
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Keyser Marston Associates, Inc.
Golden Gateway Commons
55 Pacific Avenue Mall Suite 1480 Suite 71 6
San Francisco, California 941 11
41 5/398-3050 21 3/622-8095 61 9/71 8-9500
Fax: 41 51397-5065 Fax: 21 31622-5204 Fax: 61 9/71 8-9508
E-mai I : kmasi@kmainc.com E-mail: kmala@kmainc.com E-mail: kmasdQkmainc.com
Keyser Marston Associates, Inc.
500 South Grand Avenue
Keyser Marston Associates, I
1660 Hotel Circle North
Los Angeles, California 90071 San Diego, Calitornia 92108
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Selecfed Tax Increment Projecfion Experience
Keyser Marsfon Associates, Inc.
City of Carlsbad - Carlsbad Village Fiscal Consultant Report
KMA prepared a Fiscal Consultant Report for the Housing and Redevelopment Commissioi
the City of Carlsbad in 1993. The KMA report verified Assessed Valuation and tax increme
revenue projections for the Carlsbad Village Redevelopment Project Area. The City used tt
KMA report to finance $12 million in tax allocation bonds.
Long Beach Redevelopment Agency - Proposed Project Merger
KMA has been retained by the Long Beach Redevelopment Agency to provide financial
advisory services related to the Agency's proposed merger of existing redevelopment projec
areas. The long-range projections of tax increment revenues for each of the subject
redevelopment project areas have been incorporated into a series of cash flow projections t
determine the financial feasibility of the proposed merger.
COS Angeles County Community Development Commission - Maravilla, Willowbrook,
West Altadena & East Compton Projects
KMA provided short-term tax increment projections for the redevelopment project areas
administered by the Los Angeles County Community Development Commission. The reven
projections were used as a financial planning tool to assist the Commission in anticipating th
tax increment revenue growth potential in the respective project areas. KMA submitted
Statement of Indebtedness recommendations to Commission staff to enable the maximum
allocation of tax increment revenues in future fiscal years.
Glendale Redevelopment Agency - San Fernando Road Corridor Project
KMA prepared a ten-year tax increment revenue projection for the Glendale Redevelopment
Agency's San Fernando Road Corridor Redevelopment Project. The revenue projection was
Area, including alternative proposals for a Dreamworks animation facility.
San Jose Redevelopment Agency - Merged Project Area
KMA has been retained by the San Jose Redevelopment Agency to provide ongoing financi:
advisory services relating to the projection of tax increment revenues of the Merged Area
Project. The scope of services provided includes an evaluation and reporting of economic an
real estate conditions in the Project Area and greater San Jose region, which provide the bas
for KMA's projection of future tax increment growth to the Agency. The tax increment
projections also incorporate identified new development and assessment appeal activities
occurring in the Project.
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prepared based upon anticipated new developments and transfers of ownership in the Projer
OnAOllnrlh
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Vista Redevelopment Agency - Vista Redevelopment Project Area 1995 Tax Allocatior
Bonds
KMA is Fiscal Consultant to the Vista Redevelopment Agency in the Agency's issuance of
1995 Tax Allocation Bonds for the 2,100-acre Vista Redevelopment Project Area. The Fisca
Consultant Report included KMA's findings of historic valuation trends, historic tax rate
patterns, determination of tax delinquencies, identification of major tax payers, estimation of
assessment appeal impacts, and a ten-year tax increment revenue projection which
incorporated an analysis of over 60 new developments, tax appeal refunds for over 200
parcels, and tax sharing allocations to four taxing agencies.
0100RnAh
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Selected Real Estate Appraisal Experience
Keyser Marston Associates, Inc.
Southeastern Economic Development Corporation
For Southeastern Economic Development Corporation (SEDC), KMA provided full narrative
appraisals for commercial properties considered for acquisition by the client.
City of Las Vegas Centre City Development Corporation
KMA provided appraisals of commercial properties comprising the block in downtown Las Ve!
to be developed for the Neonopolis project (cinema, retail, and entertainment), and for the ent
assemblage that comprises the development site.
US Government, General Services Administration
KMA provided appraisal reports for historic buildings to be renovated for ofice/tech use. Squ;
footage of development totals 150,000 sq.ft.
Residential Landsan Francisco Bay Area
For a public client, KMA provided full narrative appraisal for residential land planned for more t
1,500 dwelling units, with estimated market value in excess of $1 00 million.
The Citadel, Trammel1 Crow, Commerce Redevelopment Agency (Lessor)
KMA assisted the Commerce Redevelopment Agency in the negotiations of a 20-acre ground
lease for the Uniroyal Tire Plant. The project is a mixed-use hotel, office and retail project.
Advised the Agency on the economic terms of the ground lease, including base and percentag
rents, changes in use, reappraisal periods, etc.
Marina del Rey, Los Angeles County (Lessor)
KMA provided consultation on land lease issues to the Los Angeles Department of Beaches ar
Harbors on a wide range of land lease issues at the largest manna in the world, over the last 1 I
years.
Long Beach Airport Leasing Strategy, Kilroy Industries, City of Long Beach (Lessor).
KMA analyzed land use and leasing programs at the Long Beach Airport, to provide a basis up1
which the City of Long Beach can develop a detailed leasing strategy and asset management
policy for its leasehold interest at the Airport. Included inventory and establishment of databasc
to document all existing leases.
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annann+.
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Appraisal, Buildings 1012,1013,1014,1016, Presidio of San Francisco, National Park
Service
KMA prepared a narrative appraisal report for four buildings totaling 73,000 sq.ft. of gross
area, to be renovated by a lessee of the National Park Service. Preparation of a counselins
report which analyzed a proposed lease transaction in light of the findings of the appraisal.
Denise Duffy & Associates, Fort Ord, CSU Monterrey Bay
KMA provided estimate of the market value of land and improvements on 1,440 acres for UI
as university campus, natural habitat, and research and development.
Division of Fairs and Expositions, Cow Palace, San Francisco
KMA provided a valuation of the 70.8-acre property for reuse for commercial and residentia.
assuming demolition of the existing improvements.
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Selected Fiscal Impact Analysis Experience
Keyser Marston Associates, Inc,
City of Carlsbadfrischler & Associates - Carlsbad General Plan Update
KMA assisted the City in preparation of a fiscal impact analysis of the City's General Plan.
This analysis included assessment of market support for residential, office, industrial, and
retail uses; land use absorption projections; and identification of alternative land use plans.
City of Santee - Fiscal Impact Analysis, Fanita Ranch Specific Plan
KMA analyzed the impact of five development alternatives on the City of Santee's General
Fund. The proposed project included: 3,000 single family homes, a golf course, a 1 OO-room
hotel, 40,000 sq.ft. neighborhood shopping center and 1,490 acres of parks and recreational
uses. The analysis focused exclusively on recurring General Fund revenues and expenses
generated by the project. KMA prepared a 20-year cash flaw madel of each development
scenario to evaluate the impacts from initial construction through nine years after buildout.
California Pacific Homes - Stonecrest Village (San Diego)
KMA undertook a fiscal impact analysis for the proposed 1,235-unit residential community at
Stonecrest Village in San Diego. KMA estimated temporary and permanent employment and t
revenues likely to result from the development upon completion, including impacts on the
adjacent WalMart shopping center.
Stephen Eimer and Associates, Inc. - General Dynamics Kearny Mesa Property (San
Diego)
KMA is currently assisting General Dynamics in assessing market support and projecting fisc
and ecdnomic benefits for a range of re-use options far its 220-acre property in Kearny Mesa
KMA's role includes analyses of competitive market forces and forecasts of employment and
-_ tax revenues.
Alameda County - Santa Rita Property
Analyzed a proposed plan for the development of a 600k acre site formerly occupied by the
Santa Rita detention facility near Dublin. The major issues are fiscal impacts on the County and
City of Dublin on the plan and plan variations, including accelerated opening of a BART station.
U.S. Army Corps of Engineers - Ft. Ord Reuse Plan
Currently preparing an economic and fiscal analysis of the potential reuse of the 25,000-acre Ft.
Ord military base located in Monterey County. Specific land uses being evaluated include
business paMflex space, regional and local serving retail, lodging and golf.
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City of Orinda - Orinda Gateway Valley
Assisted the City of Orinda in the review and analysis of the potential fiscal and financial impad
created by the 900-acre mixed commercial and residential development proposed for Gateway
generated development alternatives. Also assisted the City in identifying and evaluating poteni
infrastructure financing mechanisms for the proposed project, such as modeling the special tax
apportionment for a Mello-Roos Community Facility District bond to assess its financial burden
future Gateway property owners.
City of Long Beach - Long Beach Convention and Entertainment Center Expansion
Project
Estimated the net fiscal impacts on affected public taxing jurisdictions to be generated by the
expansion of the Long Beach Convention and Entertainment Center. As planned, the project u
include: 440,000 sq.ft. of additional exhibit and meeting room space, a 50,000 sq.ft. museum,
two new hotels containing 1,700 rooms and the addition of 300 rooms to an existing hotel.
Valley. ?'his task included the adoption of KMA's fiscal model to test the impacts of seven EIR-
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Selected infrastructure Finance Experience
Keyser Marsfon ASSQCjaf~~, he.
City of Chino Hills - Public Facilities Financing Plan
KMA is currently leading a team in preparing a comprehensive revision of the City's developm
impact fee program. This effort includes updating the existing fees (traffic, drainage, water, se
and parks) and preparing new fees to fund the requirements for fire, police and general
government facilities. In addition, the current impact fees are enmeshed in a series of comple:
credit and reimbursement arrangements with various other financing mechanisms, including:
assessment districts, community facilities districts, development agreements, and advanced
impact fee collections.
City of Livermore - infrastructure Impact Fee Evaluation
Tested the impact of existing and proposed City fees and infrastructure finance special taxe
on development feasibility by using specific case studies. A particular focus is identification
versus other jurisdictions.
City of West Sacramento -West Sacramento Triangle
Prepared an analysis of the private sector funding capacity to finance the Triangle Area
infrastructure costs through a Mello-Roos Community Facility District and upfront
expenditures. Mello-Roos burden capability was tested based on our independent
determination of real estate values that will be generated within the Special District. Finding
were integrated with that of a fiscal analysis of both capital and annual O&M costs, and
redevelopment financing capacity to produce a comprehensive integrated financing plan.
City of Woodland - Major Projects Financing Plan
KMA was part of a team that produced a Major Projects Financing Plan for funding $173
million of capital facilities required to provide adopted service levels in the City of Woodland.
This project produced the currently adopted development impact fees, a long-term capital
improvements program and updated service standards for the City. The impact fees include
Roads, Water, Wastewater, Fire, Police, Parks & Recreation, General City Facilities, Storm
Drainage, and Library Facilities.
impacts given the 1990s real estate market, and a comparison of fees imposed by Livermoi
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Selected Redevelopment Plan Adoption Experience
EGyaer ~i~r;sron AWG~S, m,
Fresno Redevelopment Agency - Redevelopment Plan Adoption and Merger
KMA is assisting the City of Fresno with the adoption of two new redevelopment plan and th
merger of IO existing redevelopment projects into two separated merged project areas.
Redevelopment efforts are intended to assist the City with plans to achieve revitalization of 1
downtown area and position it as a vital regional center serving both Fresno and the San
Joaquin Valley.
Southeastern Economic Development Corporation (SEDC), City of San Diego - Merge
No. 1 and Adoption of the Dells Imperial Redevelopment Project
KMA is providing redevelopment plan adoption services for the adoption of the 654-acre Del
Imperial Redevelopment Project, the amendment of four redevelopment plans, and the mer<
of the Dells Imperial Redevelopment Project with five existing redevelopment projects in
southeast San Diego. The scope of KMAs services include scheduling and project
coordination, field survey and blight analysis, report preparation, and preparation of a 10-ye:
business plan and cash flow analyses for the merged projects outlining the financial impacts
the merger.
Oxnard Community Development Commission - Historic Enhancement and Revitalizatic
of Oxnard (HERO) Redevelopment Project.
KMA assisted the City of Oxnard with adoption of a 2,400-acre redevelopment project that
encompasses much of the older commercial and industrial areas of the City. The objective of tl
industrial areas suffering from incompatible adjacent uses. KMA prepared the economic and
physical blight analysis, the Preliminary Report, the Report to Council, and provided scheduling
project coordination and administrative services.
Los Angeles Community Redevelopment Agency - Recovery Redevelopment Plan
Adoption, Economic Blight Assessments
KMA was retained to provide support to LACRA staff in plan adoption of a major amendment to
an existing redevelopment plan and adoption of eight new projects in central and south-central
Los Angeles. KMA prepared the economic blight analysis, documenting high levels of vacancy
high crime rates, stagnant property values, and the general economic decline in the area.
redevelopment project is to facilitate the revitalization of key commercial corridors and older
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Oakland Redevelopment Agency - Coliseum Redevelopment Plan
KMA lead a large-scale effort to define and quantify the blighting conditions for a +6,000-acre
Project in a mixed-use area of Oakland. Analysis included physical and economic blight, utilizir
geographic information system graphics to demonstrate the incidence and prevalence of blight.
KMA also analyzed the financial feasibility of the Redevelopment Plan.
Sacramento Housing and Redevelopment Agency - Mather Air For66 Base
Redevelopment Plan
KMA acted as lead consultant to the Sacramento Redevelopment Agency to undertake
redevelopment of their Mather Air Force Base site, as proposed under special legislative
authorization. Specific responsibilities include an analysis of economic blighting conditions in th
proposed project area, financial feasibility analysis and coordination of document preparation by
the plan adoption team of consultants.
South San Francisco Redevelopment Agency - El Camino Corridor Redevelopment
Plan Adoption, Plan Adoption Services
KMA was the lead consultant in providing full plan adoption services. Key in the blight
determination was the effect of irregular, shallow, and narrow parcel configurations had on
development opportunities. Additionally, market analysis techniques were employed to establisl
the range of land uses to be permitted under the Redevelopment Plan.
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Client References
Keysef Marston Associates, fm
1. Contact: Douglas Williford, AlCP
Title: Principal Planner
Client: City of Santee
Address : 10601 Magnolia Avenue
Telephone: (619) 258-4100
Santee, CA 92071
2. Contact: Carolyn Y. Smith
Title: President
Client: Southeastern Economic Development Corporation
Address: 995 Gateway Center Way, Suite 300
San Diego, CA 92102
Telephone: (6 1 9) 527-7345
3. Contact: Susan F. Shick
Title:
Client: City of Long Beach
Address: 333 West Ocean Boulevard
Executive Director of Community Development
Long Beach, CA 90802
Telephone: (31 0) 570-6570
4. Contact: Susan Georgino
Title:
Client: Brea Redevelopment Agency
Address:
Telephone: (714) 671 -4421
Redevelop men t Services Director
Number One Civic Center Circle
Brea, CA 92621
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-.
fianr.a-.L
*
Mr. Marra has over ten years experi-
financial evaluation, affordable
RITAIL DEVELOPMENTS RANGIN(:
SUBURBAN 'POWER' CENTERS, M
ence in real estate market and DOWNTOWN MIXED-USE PROJEC
housing assessments, and fiscal
impact analysis. He is a Principal in
EMPHASIS ON REVITALIZATION S
OLDER SHOPPING CENTERS AND
Keyser Marston's San Diego office. DISTRICTS Mr. Marra recent1
the adaptive reuse of the R KEY ROLE Mr. Marra provides May department store at Si advisory services to public agencies Horton Plaza and a propo~
cialty center at Scottsdale '
(Arizona). Texas, and Arizona. Recent project
experience has included feasibility assessments for the planned mixed- FISCAL IMPACT ANALYSES FOR NI
Diego State University and assistance ADOPTIONS Most recently! 1
prepared fiscal analyses fo to the Centre City Development Corporation in analysis of low- unit residential developme
income tax-credit and silent second posed by California Pacific
__ housing proposals for downtown San and the redevelopment PI& Diego. College Community arounc
Diego State University. SPECIALIZATION PROFESSIONAL CREDENTIAI Mr. Marra specializes in market and financial evaluation related to: Mr. Marra is an active men
Urban Land Institute, the A
Planning Association, the C MARKIT-RATE AND AFFORDABLE HOUSING IN
Association for Local Econc
Development, and Citizen:
nate for Century 3 (C3). P;
ated Phi Beta Kappa from t
Hopkins University with a
degree in sociology. He al
graduate studies in transpor
planning at Northwestern C
Mr. Marra is a former exch;
student in Latin America an
tains his fluency in Spanish
and private clients in California,
use redevelopment adjacent to San MENT OR PROPOSED REDEVELOP!
Paul C. Marra
URBAN S!XrINCS, INCLUDING APARTMENTS,
CONDOMINIUMS, AND SRO UNITS Recent
examples include the Horton Fourth
Avenue apartmenthetail project in
downtown San Diego and the
Campina Court Apartments
in La Mesa.
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a
Mr. Wetmore has over twenty years of
experience in counseling and valua-
tion work for public and private
clients in California and throughout
the United States. He is a senior
principal and co-manager of the San
KEY ROLE Mr. Wetmore has provided
disposition consulting, land lease and
valuation services on many of the
West's high profile public/private
partnership projects, including Fort
Gardens in San Francisco, and
California Plaza in downtown Los
An ge I es .
VALUATION COUNSELOR Mr. Wetmore is
complex real estate situations, often
involving land leases or built proper-
ties designated for rehabilitation.
Recent examples include historic
buildings designated for rehabilitation
at the Presidio of San Francisco,
valuation of air rights over the
ballroom of the Marriott Hotel in the
Yerba Buena Gardens in San Fran-
cisco, and renovation of the McGurk
Building in downtown San Diego.
Other areas of specializat
WATER-ORIENTED DEVELOP ME^
Wetmore has been consul
Ports of Seattle, San Francia
Oakland, and to the Los Ai
County Department of Bea
PORTFOLIO ANALYSIS Mr. We
headed UP KMA'S review C
billion portfolio of propert
which the client, a subsidi
Xerox Corporation, had pr
RETAIL MARKET ANALYSIS Mr. '
has counseled larger and s
communities in California
retail development potenti,
PROFESSIONAL CREDENTIAI
Mr. Wetmore is a speaker 2
Community Redevelopmer
tion (CRA), the University (
Design, and seminars spon!
Keyser Marston Associates,
has been a frequent contrib
Urban Land magazine, pub
the Urban Land Institute. I-
licensed Real Estate Brokei
California, a State Certified
Estate Appraiser (SCREA), S
California, and a member c - can Society of Real Estate C
Mr. Wetmore is a graduate.
-- Princeton University (Phi Bc and magna cum laude grad
and holds a master's degree
European History from Uni\
of California, Berkeley.
Diego office, Harbors.
Robert 1. Wetmore, Ord in Monterey County, Yerba Buena surety.
CRE, SCREA
-- extensively involved in valuations for downtown areas.
nia (Berkeley) School of Ut
..
0 Other areas of specializal
DEVELOPMENT AGREEMENT NE
Mr. Hollis has representec
public and private sector I
the negotiations of compl
private development agrei
including the ground leas
Citadel Project in Gmmf
Central California Region,
Nef~ork project in hsnc
Grand Central Square pro)
downtown Los Angeles.
FINANCIAL FEASIBILITY Mr. HI
designed the financing pl;
in Fresno and the Carson I
renovation and expansion
utilizing cornbinations Of
private financing.
PROFESSIONAL CREDENTIA
- Mr. Hollis is a member of
Land Institute's Inner City 1
ing Committee, the Small
_- sive experience with joint publid Development Council and Angeles District Council's
Committee. Mr. ~~11;~ als
the California Redeveloprr
Committee. He has condt
seminars and addressed co
sponsored by the Urban La
tute, California Redevelopr
Association, National Leag
Cities, California Departme
Commerce and similar org
and is also a contributing a
Redevelopment in Californ
definitive reference book o
subject. Mr. Hollis is a gra
the California State Univeri
Mr. Hollis is a senior principal and
co-manager of the Los Angeles office
and directs all of KMA's redevelop-
ment planning and financial manage-
ment services. For more than 20
years he has provided public and private clients with real estate analy-
sis and with expertise in the adoption
planning.
KEY ROLE Mr. Hollis has played a
major role in structuring development
agreements and in identifying the
financing necessary in public and
private real estate projects. Project
managers throughout California and
in the western states seek his exten-
private transactions. Mr. Hollis
assumed a lead consulting role in the
Holly Street project in Pasadena and
the Pine Avenue project in Long
Beach, two outstanding examples of
mixed-use projects requiring layered
financing.
REDEVELOPMENT FINANCE SPECIALIST
Mr. Hollis is a recognized authority
on California redevelopment financ-
ing and the redevelopment process.
He has been the KMA principal-in-
charge of providing these services to
numerous redevelopment agencies
including those in Los Angeles, San
Jose, Oxnard and Fresno.
Of redevelopment plans and financial projects as the Roeding B~
Calvin E. Hollis I1
Association's Technical Ad
-
A Angeles.
ZL
L. k
0 offering documents and h:
active participant in presei
bond insurance and bond
agencies.
ASSESSED VALUATION SERVICES
assessed valuation service
Hoo has provided to cities
redevelopment agencies ii
review of assessment appc
and an estimation of fiscal
local taxing entities, parce
verification of base year ai
year assessed values and tt
cation of misallocation of
revenues. The assessment
analyses have also been si
mented with estimations o
specific economic values t
the likelihood of future rec
assessed values due to apF
FINANCIAL REPORTING Mr. SC
assisted redevelopment ag
compliance to the various
requirements of state law.
reports include annual stat(
indebtedness and reconcili
statements, the State Contrl
annual report, and the rep(
state Department Of l-busil
Community Development
moderate income housing
Mr. Soo-Hoo has also beer
sible for preparation of ann
to bond rating agencies on
redevelopment agency fina
activities.
PROFESSIONAL CREDENTIAL
Mr. Soo-Hoo is a graduate (
Mr. Soo-Hoo is a Senior Associate in
Keyser Marston Associates’ Los
Angeles office. Mr. Soo-Hoo joined
KMA in 1991 and has over 12 years
of experience as a consultant to
California redevelopment agencies.
KEY ROLE Mr. Soo.Hoo has man=
aged redevelopment tax increment
services for KMA clients. These
services include long range projec-
tions of redevelopment project area
taxable values and tax revenues,
estimation of assessment appeal
valuation and tax refund impacts, preparation of agency financial
reports and redevelopment plan
adoption and plan amendment
financial feasibility studies. Mr. Soo-
Hoo is also experienced with local
government finance having worked
with the Los Angeles County Chief
Administrative Office as a redevelop-
ment and budget analyst for six years.
FISCAL CONSULTANT Mr. Soo-Hoo has
been a fiscal consultant assisting
redevelopment agencies in the
issuance of over 60 tax allocation
financings totaling more than $1.4
billion. He has managed a wide
range of fiscal consulting services
including the verification of redevel-
opment project area taxable values,
Gregory D. Soo-Hoo
review of historic valuation patterns,
identification of major property
owners, determination of assessment
appeal impacts, and the projection Of
current and future year tax increment
revenue flow. Mr. Soo-Hoo has also
assisted bond underwriting teams in
the preparation and review of bond
of the University of Souther
nia and holds a master’s de
public administration, with
ization in public finance.
0 e
Hourly Fee Schedule
Keyser Marston Associates, Inc.
A. J€RRY K€YSER* $1
SENIOR PRINCIPALS* $1
PRINCIPALS* $1
SENIOR ASSOCIATES* $1 t
ASSOCIATES $1:
SENIOR ANALYST $1 (
ANALYST $!
TECHNICAL STAFF $(
ADM I NlSTRATlVE STAFF $4
Directly related job expenses not included in the above rates are: auto mileage, air fares, hote
motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphic
printing. Directly related job expenses will be billed at 1 10% of costs.
Monthly billings for staff time and expenses incurred during the period will be payable within thi
days of invoice date. A charge of 1% per month will be added to all past due accounts.
*Rates for individuals in these categories will be increased by 50% for time spent in court testir;
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98098ndh
0
AGREEMENT
THIS AGREEMENT is made and entered into as of the io th day (
October , 1998, by and between the CITY OF CARLSBAD, a municip;
corporation, hereinafter referred to as "City", and Keyser Marston Associates, Inc.,
California corporation, hereinafter referred to as "Contractor."
RECITALS
City requires the services of a financial consultant to provide the services f
preparation of a financial feasibility study, and financing pian for the City of Carlsb:
Infrastructure Financing District (IFD), and Contractor possesses the necessary ski
and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenan
contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
Contractor shall provide the services described in the proposal dated October
1998, describing the preparation of a financial feasibility assessment, preliminary fisc
impact assessment, and an infrastructure financing plan for the proposed Cit
proposed IFD.
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4
2. CITY OBLIGATIONS
The City shall provide staff support to Contractor as may be necessary t
complete the reports described above. The City shall also provide document:
background information, or other information that may be available in existing publi
records of the City.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt (
notification to proceed by the City and be completed within one year of that date
Extensions of time may be granted if requested by the Contractor and agreed to
writing by the Administrative Services Director. The Administrative Services Direct
will give allowance for documented and substantiated unforeseeable and unavoidab
delays not caused by a lack of foresight on the part of the Contractor, or delays causf
by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be based on ti
hourly fee schedule shown in section D of the October 1, 1998 proposal. The to'
costs for the services provided under this contract billed on an hourly basis shall r
exceed $60,000. No other compensation for services will be allowed except tho
items covered by supplemental agreements per Paragraph 8, "Changes in Work." T
City reserves the right to withhold a ten percent (10%) retention until the project h
been accepted by the City.
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Incremental payments, if applicable, should be made as outlined in attachec
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. Thl
contract may be extended by the City Manager for one additional one (1) year period c
parts thereof, based upon a review of satisfactory performance and the City's need:
The parties shall prepare extensions in writing indicating effective date and length of th
extended con tract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contract
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
The calendar shown on page 6 of the October I, 1998 proposal provides
schedule for the completion of the various portions of the project. The submission
preliminary financial feasibility assessment shall be a key milestone for the projec
Should the City decide to continue with the formation of the IFD after reviewing tl
preliminary report, the presentation of the final infrastructure financing plan to the C
Council shall represent the final submission under this contract.
rev. 8125,
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or th
City, and informal consultations with the other party indicate that a change in th
conditions of the contract is warranted, the Contractor or the City may request a chang
in contract. Such changes shall be processed by the City in the following manner:
letter outlining the required changes shall be forwarded to the City by Contractor t
inform them of the proposed changes along with a statement of estimated changes
charges or time schedule. A Standard Amendment to Agreement shall be prepared t
the City and approved by the City according to the procedures described in Carlsbi
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained a
company or person, other than a bona fide employee working for the Contractor,
solicit or secure this agreement, and that Contractor has not paid or agreed to pay a
company or person, other than a bona fide employee, any fee, commissic
percentage, brokerage fee, sift, or any other consideration contingent upon, or resulti
from, the award or making of this agreement. For breach or violation of this warrar
the City shall have the right to annul this agreement without liability, or, in its discretii
to deduct from the agreement price or consideration, or otherwise recover, the
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
rev. 8/25
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10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regardin!
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the wor
as provided for in this contract, the City Manager may terminate this contract fc
nonperformance by notifying the Contractor by certified mail of the termination of tl-
Contractor. The Contractor, thereupon, has five (5) working days to deliver sa
documents owned by the City and all work in progress to the Administrative Servicc
Director. The Administrative Services Director shall make a determination of fact base
upon the documents delivered to City of the percentage of work which the Contract
has performed which is usable and of worth to the City in having the contra
completed. Based upon that finding as reported to the City Manager, the Manager sh
determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (3
days written notice to the other party. In the event of such suspension or terminatic
upon request of the City, the Contractor shall assemble the work product and put sar
in order for proper filing and closing and deliver said product to City. In the event
termination, the Contractor shall be paid for work performed to the termination da
however, the total shall not exceed the lump sum fee payable under paragraph 4. T
City Manager shall make the final determination as to the portions of tasks complei
and the compensation to be made,
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12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must k
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledgf
that if a false claim is submitted to the City, it may be considered fraud and tt
Contractor may be subject to criminal prosecution. The Contractor acknowledges th
California Government Code sections 12650 et sea., the False Claims Act, provides fi
civil penalties where a person knowingly submits a false claim to a public entity. The$
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see
to recover penalties pursuant to the False Claims Act, it is entitled to recover
litigation costs, including attorney's fees. The Contractor acknowledges that the filing
a false claim may subject the Contractor to an administrative debarment proceedi
wherein the Contractor may be prevented to act as a Contractor on any pubtic work
improvement for a period of up to five years. The Contractor acknowledges debarme
by another jurisdiction is gro ds for the City of Carlsbad to disqualify the Contrac
from the selection process K (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0
.027 and 3.32.028 pertaining to false claims are incorporated herein by referenc P (Initial)
rev. 8125
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13, STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's ow
way as an independent Contractor and in pursuit of Contractor's independent callinc
and not as an employee of the City. Contractor shall be under control of the City on1
as to the result to be accomplished, but shall consult with the City as provided for in th
request for proposal. The persons used by the Contractor to provide services under th'
agreement shall not be considered employees of the City for any purposes whatsoeve
The Contractor is an independent Contractor of the City. The payment made
the Contractor pursuant to the contract shall be the full and complete compensation
which the Contractor is entitled. The City shall not make any federal or state t:
withholdings on behalf of the Contractor or its employees or subcontractors. The Ci
shall not be required to pay any workers' compensation insurance or unemployme
contributions on behalf of the Contractor or its employees or subcontractors. T'
Contractor agrees to indemnify the City within 30 days for any tax, retireme
contribution, social security, overtime payment, unemployment payment or worke
compensation payment which the City may be required to make on behalf of t
Contractor or any employee or subcontractor of the Contractor for work done under tl
agreement or such indemnification amount may be deducted by the City from a
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Refc
and Control Act of 1986 and shall comply with those requirements, including, but
rev. 8/25
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limited to, verifying the eligibility for employment of all agents, employee
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all documents or reports to conform to all applicab
requirements of law: federal, state and local. Contractor shall provide all necessa
supporting documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved reports to any other agencies.
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, writings, studies ai
specifications as herein required are the property of the City, whether the work 1
which they are made be executed or not. In the event this contract is terminated,
documents, plans, studies, sketches, drawings, reports, writings, studies a
specifications shall be delivered forthwith to the City. Contractor shall have the right
make one (I) copy of the plans for its records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the w(
pursuant to this contract shall be vested in City and hereby agrees to relinquish
claims to such copyrights in favor of City.
17, HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and
officers, officials, employees and volunteers from and against all claims, damag
losses and expenses including attorneys fees arising out of the performance of
rev. 8/25
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work described herein caused by any willful misconduct, or negligent act, or omission (
the contractor, any subcontractor, anyone directly or indirectly employed by any of the1
or anyone for whose acts any of them may be liable.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monk
due thereunder without the prior written consent of the City.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under tt-
contract by the Contractor, Contractor shall be fully responsible to the City for the ac
and omissions of Contractor's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omissions
persons directly employed by Contractor. Nothing contained in this contract sh
create any contractual relationship between any subcontractor of Contractor and tl
City. The Contractor shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Contractor's work unle
specifically noted to the contrary in the subcontract in question approved in writing
the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting,
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authoriz
rev, 81251
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in such capacity and on behalf of the City to exercise any executive, supervisory, (
similar functions in connection with the performance of this contract shall becom
directly or indirectly interested personally in this contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of tt
City, either before, during or after the execution of this contract, shall affect or modi
any of the terms or obligations herein contained nor entitle the Contractor to ai
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," ,
terms, conditions, and provisions hereof shall inure to and shall bind each of the partic
hereto, and each of their respective heirs, executors, administrators, successors, at
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writtc
above.
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and t
City's conflict of interest code, that the Contractor will be required to file a conflict
interest statement as a requirement of this agreement. Contractor shall report intere!
in real property.
rev. 81251
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25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and an
and all amendments insurance against claims for injuries to persons or damage 1
property which may arise out of or in connection with pedormance of the WOI
hereunder by the Contractor, his agents, representatives, employees or subcontractor
Said insurance shall be obtained from an insurance carrier admitted and authorized 1
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fc
insurance as stated in Resolution No. 91-403.
A. Coveracles and Limits.
Contractor shall maintain the types of coverages and minimum lim
indicated herein, unless a lower amount is approved by the City Attorney or C
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combinc
single-limit per occurrence for bodily injury, personal injury and property damage. If ti
submitted policies contain aggregate limits, general aggregate limits shall apl
separately to the work under this contract or the general aggregate shall be twice t
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved
Contractor's work for the City). $1,000,000 combined single-limit per accident for bo(
injury and property damage.
rev. 8/25
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3. Workers' Compensation and Employer's Liability. Worker!
Compensation limits as required by the Labor Code of the State of California an
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate 1
the contractor's profession with limits of not less than $1,000,000 per claim. Coverag
shall be maintained for a period of five years following the date of completion of tt
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under tf
agreement contain, or are endorsed to contain, the following provisions.
I, The City shall be named as an additional insured on all polici
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the C
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance covera:
required herein, then the City will have the option to deciare the Contractor in breach
may purchase replacement insurance or pay the premiums that are due on exist
rev. 8125
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policies in order that the required coverages may be maintained. The Contractor
responsible for any payments made by the City to obtain or maintain such insuranc
and the City may collect the same from the Contractor or deduct the amount paid fro
any sums due the Contractor under this agreement.
... ...
... ...
... ...
...
.I.
... ...
rev. 8/25/ -13 -
e a
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receh
written notice on behalf of the City and on behalf of the Contractor in connection wi
the foregoing are as follows:
For City: Title Ad mi n ist rative Services Director
Name James F. Elliott
Address 1200 Carlsbad Village Drive
Carlsbad. CA 92008
For Contractor: Title
Name Paul C. Mava
Address 1660 Hotel Circle North, Suite 71 6
San Dieao, CA 92108
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for t
duration of the contract.
28. ENTIRE AGREEMENT
This agreement, together with any other written document referred to
contemplated herein, embody the entire agreement and understanding between t
parties relating to the subject matter hereof. Neither this agreement nor any provisi
hereof may be amended, modified, waived or discharged except by an instrument
writing executed by the party against which enforcement of such amendment, waiver
discharge is sought.
rev. 8/25,
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e a
Executed by Contractor this day of 3 19-
CONTRACTOR:
(name of Contractor)
Keyser Marston Associates, Inc.
:&a+ (print nameltitle) ATTEST:
By:
(sign here)
ALETHA L. I?AUTENKRANZ (print nameltitle) City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign f
corporations. If only one officer signs, the corporation must attach a resolution certifie
by the secretary or assistant secretary under corporate seal empowering that officer
bind the corporation.)
APPROVED AS TO FORM:
City Attorney
BY
I
RONALD R. BALL
$L-L k ib-&
Assistant City AMney
rev. 81251
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e 0
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
1 STATE OF CALIFORNIA -
COUNTYOF bJLt/\ )
d
2 bF
ph.&kAL N&Q/
NAME, TITLE OF OFFICER - E G., "JANE DOE, NOTARY PUBLIC
On Qkt aq ( Iq Ygtmfore me,
DATE
personally appeared, pbZv7f- 3. Ldd-wHL
personally known to me (t vi to be the per
whose name@j%/wsubscribed to the within instrument and acknowledged to me that h
signaturevn the instrument the person(mr the entity upon behalf of which the persono
executed the instrument.
Wxecuted the same in his/--authorized capacity@& and that by hisljx
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
e 0
CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
(1) I am the duly elected and acting Secretary of Keyser Marston Associates, Inc. a
California Corporation; and
(2) That Gerald M. Trimble and/or Robert J. Wetmore, each acting in their capacity
as Vice Presidents of Keyser Marston Associates, Inc., are authorized on behalf of the
Corporation to sign the Agreement for Consulting Services between the City of Carlsbad and
Keyser Marston Associates, Inc.
(3) Further, all corporate officers of Keyser Marston Associates, Inc. are authorize
to enter into contracts and execute instruments in the name of the Corporation or on behalf o
the Corporation, pursuant to the Corporation's Bylaws, adopted September 14, 1990.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal f
such corporation this 22nd day of October, 1998.
&2.U
Diane M. Chambers, Secretary
@ e
- City of Carlsbad
November 16,1998
Keyser Marston Associates, Inc.
Paul C. Marra
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
RE: PREPARATION OF AN INFRASTRUCTURE FINANCING DISTRICT REPORT
Enclosed for your records are copies of Agenda Bill No. 14,929 and Resolution No.
98-368. These documents went before the Carlsbad City Council on November IO,
1998, where they were approved.
Also enclosed for your records is a copy of the fully executed agreement with the City (
Carlsbad for the preparation of an infrastructure financing district report.
If you have any questions regarding the preparation of the referenced report please ca
Mr. Jim Elliott, at (760) 434-2821.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 * (760) 434-280