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Appraisal AgreementMemorandum RECEIVED JUN ! 8 2001 Board of Count~ Coeeissioner~ To: From: Ms. Sue Filson, Administrative Assistant Harry Henderson, SRA, Review Appraiser Real Property Management Department Date: June 12, 2001 Subject: Goodlette Road Widening (Pine Ridge Rd to Vanderbilt Beach Rd.) Appraisal Agreement Transmitted for execution by the Chairman of the Board of Commissioners is the Appraisal Agreement covering the Goodlette Road right-of-way acquisition project (from north of Pine Ridge Road to Vanderbilt Beach Road), The appraiser, Kenneth R, Devos, MAI was selected on the basis of past performance, price, promised delivery dates, and eminent domain counsel's recommendation, from the Board-approved list of appraisers who chose to submit a bid for this project, Resolution No. 2001-114, adopted by the Board on April 10, 2001 (agenda item no. 16[B]2), authorizes the acquisition of road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or fee simple title for the Goodlette Road widening project, and states in part, "The Chairman of the Board is hereby authorized to execute appraisal agreements with the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners." Please ask the Chairman to execute the attached agreement and forward to the Clerk for attestation. Should additional appraisal reports be required during the course of the project, or should the scope of the appraisal services change to the extent that the appraisal fees must change also, amendments to this agreement may also be forwarded to you for execution. Please do not hesitate to call if you have any questions or if I may be of any further assistance. Thank you. cc: Chuck Carrington, Real Property Management Director Real Property Management Department Phone: 774-8991 Fax: 774-8876 GOODLETTE-FRANK ROAD APPRAISAL AGREEMENT THIS APPRAISAL AGREEMENT entered into this ~..0''¢'- day of ~ , 2001, is by and between COLLIER COUNTY, FLORIDA, a political subdivision o~ the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and KENNETH R. DEVOS, MAI, SRA (hereinafter referred to as "Appraiser"), whose mailing address is 6309 Corporate Court, Suite 208, Fort Myers, Florida, 33919. WHEREAS, County has provided Appraiser with right-of-way maps showing the right-of-way parcels required for the four and six lane expansion of Goodlette Road From Pine Ridge Road to Vanderbilt Beach Road (hereinafter referred to as the "Project"); and WHEREAS, County provided Appraiser with a list of the real property parcels required to construct the Project, and requested that Appraiser submit a fee quotation and proposal for the development and reporting of real estate appraisals, and estimates of compensation due to each affected property owner; and WHEREAS, Appraiser submitted a fee quotation and proposal for the development and reporting of appraisals needed for the Project; and WHEREAS, County has accepted Appraiser's proposal for the development and reporting of appraisals and compensation estimates needed for the Project; and WHEREAS, Appraiser and County acknowledge that evolving roadway and drainage design may result in additional, and/or revisions to, appraisal assignments, and that as new development continues along the Project corridor, some parcels may become improved and necessitate a change in Appraiser's Scope of Work, and a change in the proposed fee for the services. NOW, THEREFORE, in consideration of the mutual promises and benefits contained and contemplated herein, County and Appraiser hereby agree as follows: 1. RECITALS - The above recitals are true and correct and are incorporated herein as part of this Agreement. ASSIGNMENT - For each parcel listed on Exhibit "A" (and for any parcels which may be added to this assignment), Appraiser shall provide to the County a written narrative appraisal report which sets forth Appraiser's estimate of compensation due to the record title holder of the parcel, a portion of which is required for the construction of public roadway, drainage, and/or utilities improvements. Compensation estimates shall include an estimate of the market value of the interest in real estate sought by the County, an estimate of severance damages to the remainder property (if any), as well as an estimate of any special benefits accruing to the remainder property either by reason of the taking or the construction of the public improvements. Estimates of compensation for each interest acquired from a single parent tract shall be set forth individually but contained within a single written appraisal report. Additionally, where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: Iai a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.). County may add appraisal reports to this Assi.qnment by issuing Work Orders to Appraiser confirming the type of appraisal required for each parcel and the fee to be paid therefor. STANDARDS AND REQUIREMENTS - Appraiser's written report shall conform to all applicable standards as set forth by the Uniform Standards of Professional Appraisal Practice (USPAP), 2001 Edition (The Appraisal Foundation) governing the preparation and communication of complete appraisals. Appraiser's written report shall also conform to "Collier County Supplemental Standards" (a supplement to the Uniform Standards of Professional Appraisal Practice), as set forth in Exhibit "B", attached hereto and incorporated herein by reference. Appraisal Agreement Page 2 DUE DATE Upon approval of this Agreement by the Collier County Board of County Commissioners, County shall issue a Work Order to Appraiser. Following receipt of the Work Order, Appraiser shall submit an unbound, uncertified, draft photocopy of the appraisal report(s) to County for review in accordance with the schedule set forth on Exhibit "A.". Within one week following notification from County that the draft appraisal is accepted and approved, Appraiser shall provide to County four (4) written appraisal reports, each with original signature and color photographs. INVOICING AND FEES - Unless the provisions of paragraphs 7 and/or 8 are invoked regarding alterations in the scope of work to be performed, the fees as set forth on Exhibit "A" (and as set forth on Work Orders issued to Appraiser) shall be paid to Appraiser by County following complete review of the written appraisal report(s), or if required, following receipt from Appraiser of appropriate substantive and factual corrections which may be requested by County. The hourly rate payable to the Appraiser by the County for required and/or requested expert witness testimony, attendance at mediation and/or court hearings, trial appearances, pre-trial preparation, preparation of court exhibits which are not already a part of the appraisal report, and for time spent in authorized travel shall be $135. Such hourly rates shall be full compensation for services and expenses in connection therewith, except for the expenses of travel specifically authorized by the County in advance, in writing, and in accordance with the provisions of Section 112.061, Florida Statutes. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three years from the date of the final invoice for appraisal services rendered relative to the Property. The fees set forth on Exhibit "A" (and any Work Order issued to Appraiser) include compensation for the services of any and all subcontractors and sub-consultants. Any and all such subcontractors and sub-consultants used by Appraiser shall be in a contractual relationship with Appraiser. UPDATES AND REVISIONS - Upon request made by County within one year of the date of value as set forth in the Certificate of Appraisal, Appraiser shall provide a written update of the original appraisal report. Written appraisal updates may be communicated in letter form with recertification as to compensation due the property owner; but must contain or include as exhibits all new information not contained either in the original appraisal report, or any previous updates, upon which the Appraiser's conclusions are based. Appraiser shall also prepare revised appraisal reports at the request of County to coincide with changes in the size or configuration of the property to be acquired, and/or changes in the interest in real property sought by County. FEES FOR UPDATES AND REVISIONS - Fees charged by the Appraiser for providing written appraisal updates within one year of the date of value set forth in the original appraisal report (as above) shall be established by mutual agreement between the parties to this Agreement; but shall not exceed fifty percent (50%) of the fee as set forth on Exhibit "A" (or the fees as set forth in any Work Order issued to Appraiser) for preparation of the original appraisal report for the Property. In those instances, however, where the elements of value of the parent tract have changed significantly, fees charged by the Appraiser for providing written appraisal updates shall be established by mutual agreen~ent between the parties to this Agreement prior to commencement of any work, and shall not be subject to the above percentage limitation. It is hereby understood and agreed to by the parties that revisions to project plans and legal descriptions, and/or modifications in the interests in real property sought by County, can significantly alter the appraisal assignment and scope of work required of Appraiser. It is further understood and agreed to by the parties that when said revisions alter Appraiser's scope of work, any increase in service fees charged by Appraiser must be approved in advance by County before any additional work shall commence. This provision shall extend to the addition of appraisal assignments by County (i.e., additional and/or "split-off" parcels to be appraised.) Where Appraiser's fees must be increased due to the addition of Project parcels, due to Appraisal Agreement Page 3 10. revisions made to Project plans or legal descriptions, due to a change in the character of the subject real estate between time the date of Appraiser's proposal and the date of the services to be provided, or due to a change in the scope of work requested by County, County shall issue to Appraiser a Work Order identifying the fee to be paid. UPDATE DUE DATES - Due dates for the delivery of written appraisal updates shall be established by mutual agreement between the parties to this Agreement. COMPLETION / CORRECTION - If a substantially completed written appraisal report (original) is delivered to County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by County, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bringing written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 11. LATE PENALTIES / EXTENSIONS FOR CAUSE - It is acknowledged that time is of the essence, and that the following schedule shall govern the assessment of penalties for late performance: (a) In the event that the written appraisal report containing the estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted to County in accordance with the due date as set forth in Paragraph 4 of this Agreement; then County at its discretion may reduce the fee payable to Appraiser, as set forth in Section 5 of this Agreement, by seven percent (7%) for each week, or portion thereof, for every week the written appraisal report is past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the written appraisal report to be delayed beyond the due date as set forth in Paragraph 4 of this Agreement, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Penalties as described above shall apply to the new due date. 12. CONTRACT ADMINISTRATION - The Real Property Management Department Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 13. MEETINGS - Appraiser shall meet with the Contract Manager to discuss the appraisal (and/or updated appraisals) of the Property. Time(s) and place(s) of meeting(s) shall be established by mutual agreement of the parties to this Agreement. 14. CERTIFICATE OF A?PRAISAL - Ti',e Certificate of Appraisal shall be signed by Kenneth R. Devos. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 15. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the Appraisal Agreement Page 4 16. 17. properties appraised under the terms and conditions of this Agreement for a period of one year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate immediately this Agreement without financial obligation, or to pursue any other available remedies. WORKERS' COMPENSATION INSURANCE - Appraiser shall provide coverage for all of its employees as required by the State of Florida Workers' Compensation Law. Said coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy shall include employer's liability with a minimum limit of $100,000 each accident. 18. GENERAL LIABILITY INSURANCE Appraiser shall maintain during the term of this Agreement comprehensive general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. Collier County shall be named an additional insured on said policy. 19. AUTOMOBILE INSURANCE Appraiser shall maintain business auto liability insurance coverage with minimum limits of $300,000 per occurrence, combined single limits for bodily injury and property damage liability. This shall include owner vehicles, hired and non-owned vehicles, and employee non-ownership. Collier County shall be listed as an additional insured on said policy. 20. INSURANCE UNDERWRITER RATING - All insurance policies required in Paragraphs 17 and 18 shall be issued and written with a company, or companies, authorized to engage in general liability and public liability insurance in the State of Florida, authorized to do business in the State of Florida, and which company, or companies, hold no less than an "A" rating as to financial strength as reported in Best's Key Rating Guide, published by A. M. Best Company, Inc. 21. INSURANCE CERTIFICATES - Appraiser shall deliver to the Contract Manager, prior to the appraisal of the Property, those certificates of insurance which clearly indicate compliance with the insurance requirements of this Agreement. 22. INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all suits, claims, fines and actions, including attorney fees and all costs of litigation, whether foreseen or unforeseen and all judgments of every name and description, brought against tile Cour, ty as a result of loss, damage or injury to p,~rsons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. 23. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal reports, including the materials contained in their addenda, which are prepared under the terms of this Agreement, shall become the property of County, and that County may disclose the information contained therein at its discretion, and in accordance with the provisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may terminate this Agreement should Appraiser refuse public access to all documents, papers, letters, or other materials made or received under the provisions of this Agreement; or release or disclose, or permit to be disclosed, any data or materials to third parties, during the term of this agreement, without the County's prior Appraisal Agreement Page 5 written consent. 24. TERMINATION - This Agreement, or any portion thereof, may be terminated by the mutual consent of the parties or unilaterally by the County for unsatisfactory performance, after notice, or for violations of Paragraphs 15 and/or 23 of this agreement or under any other grounds specifically set forth herein. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. 25. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employment practices of Appraiser. Appraiser shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 26. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida; and this written Agreement constitutes the entire agreement between the parties, and there are no other prior or contemporaneous, oral or written agreements, understandings or promises related to the Assignment. This Agreement may be modified only by written amendment executed by all the parties hereto. 27. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: Harry Henderson, Review Appraiser Real Property Management Department Eighth Floor, Bldg. "F" 3301 Tamiami Trail East Naples, Florida 34112 As to Appraiser: Kenneth R. Devos, MAI, SRA 6309 Corporate Court, Suite 208 Fort Myers, Florida 33919 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: Deputy C erk, .~ AS~ER: Print Full Name COLLIER COUNTY, FLORIDA, a political James D.,,C,4[rter, Ph.D., Chairma 'Kenneth R. DeV~)s ~o foj~ ~tal sufftcte~c~ Assistant Count~ A%torne~ Ellen T. Chadwell EXHIBIT "A" (1 OF 2) APPRAISAL FEES AND REPORT DUE DATES PROP. PARCEL TYPE IMPR? FEE 110 A1 COMMERCIAL N $1,500 110 B1 COMMERCIAL N $200 110 B2COMMERClAL N $200 110 B3COMMERClAL N $200 110 CCOMMERClAL N $200 510 A1 COMMERCIAL N $200 510 B1 COMMERCIAL N $200 510 B2COMMERClAL N $200 510 B3COMMERClAL N $200 510 CCOMMERClAL N $200 111 ROADWAY SITE $1,200 112OFFICE PARK Y $1,500 113CHURCH N $1,800 114 RESIDENTIAL N $1,200 115 RESIDENTIAL N $1,200 116 RESIDENTIAL N $1,200 117 RESIDENTIAL N $1,200 118 RESIDENTIAL N INCLUDED 119 RESIDENTIAL N $1,200 120RESIDENTIAL N $1,200 121 RESIDENTIAL N $1,500 122RESIDENTIAL Y $1,500 123RESIDENTIAL Y $1,500 723RESIDENTIAL N $200 124RESIDENTIAL Y $1,200 724RESIDENTIAL N $200 125 RESIDENTIAL N $1,200 825ARESlDENTIAL N $500 825BRESlDENTIAL N $500 126FIRE STATION Y $1,500 127COMMERCIAL Y $1,500 128CHURCH Y $1,500 129RESIDENTIAL Y $1,200 130RESIDENTIAL Y $1,200 131 RESIDENTIAL N $1,500 831 RESIDENTIAL N $500 132RESIDENTIAL N $1,500 DAYS TO COMPLETE WITH 117 45 45 45 45 45 45 45 45 45 45 45 45 45 75 75 75 75 75 75 75 30 30 30 30 30 45 45 45 60 60 6O 90 90 90 90 90 Total $33,700 NTP = "Notice to Proceed"