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Appraisal AgreementMEMORANDUM DATE: 'FO: December 29, 1997 (reprint date) Ms. Sue Filson, Administrative Assistant Board of Commissioners FROM: RE: Kevin Hendricks, Review Appraiscr Immokalec Road (I-75 to CR-951) Appraisal Agreement Transmitted lbr execution by thc Chairman of tile Board of Corrmlissioncrs is thc Appraisal Agreement covering tile hnmokalce Road right-of-way acquisition project. Thc appraiser, Kenneth R. Dcvos, MAI, SRA, ,,vas the only bidder from tile Board- approved list of appraisers who chose to submit a bid for this project. Resolution No. 97-356, adopted by the Board on September 16, 1997 (agenda item no. 16[B]5), authorizes tile acquisition of road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary construction casements and/or tee simple title for thc Livingston Road project, and states in part, "Thc Chaim-tan of thc Board is hereby authorized to execute appraisal agreements with thc appraisal firm(s) selected from thc list of finns pfc-qualified by the Board of County Comn'fissioncrs." Please ask tile Chaimlan to execute thc attached agreement and fonvard to thc Clerk for atlcstalion. Should additional appraisal reports be rcquircd during the course of thc project, or should tile scope of tile appraisal services change to tile extent that tile appraisal fees must change also, amendments to this agreement may also be forwarded to you for execution. Please do not hesitate to call ifyou have any questions or ill may be of any fl~rlhcr assistance. Thank you. cc: Sandra Taylor, Real Property Management Director IMMOKALEE ROAD (I-75 TO CR-951) APPRAISAL AGREEMENT [)y and between COLLIER COUNTY, FLORIDA, a political subdivi~~of Florida (hereinafter referred to as "Counly"), whose mailing address is 3301 Tamiami Trail East, Naples, FlorMa 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. WITNESSETH: In consideration of the mutual promises contained herein, County and Appraiser hereby agree as follows: 1. 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 repeal which sels forth Appraiser's estimate of compensation due to the record title holder of the parcel, a portion of which is required for lhe construction of public roadway, drainage, and/or ulilides improvements. Compensation estimates shall include an estimate of tile market value of the interest in real estate soughl by the County, an estimate of severance dama.cjes to the remainder property (if any), as well as an estimate of any special benelils accruing to the remainder property either by reason of the taking or the conslruction of the public improvements. Estimates of compensation for each interest acquired from a single parent Iract shall be set forlh individually bul contained within a single written appraisal report. Addilional appraisal reports may be added to, and may become a part of, this Assignment only by written amendment to this Agreement. 2. STANDARDS AND REQUIREMENTS - Appraiser's written report shall conform to all applicable standards as set forth by the Uniform Standards of Professional Appzt']isal Practice (USPAP), 1997 Edition (The Appraisal Foundation) governing the preparation and communication of complete appraisals. Appraiser's wrilten report shall also conform to "Collier County Supplemental Standards" (a supplement to the Uniform Standards of Professional Appraisal Practice), as set forlh in Exhibit "B", atlached hereto and incorporated herein by reference. 3. DUE DATE - Upon execution of this Appraisal Agreement by the Chairman of tile Collier County Board of County Commissioners, County shall issue a Notice to Proceed to Appraiser. Following receipt of the Notice to Proceed, 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 Ihat Ihe draft appraisal is accepted and approved, Appraiser shall provMe to County three (3) written appraisal reports, each with original signature and color photographs. 4. INVOICING AND FEES - Unless the provisions of paragraph 6 are invoked regarding alterations in the scope of work to be performed, tile fees as set forlh on Exhibit "A" shall be paid to Appraiser by County following complele review of the writlen appraisal repeal(s), or if required, following receipt from Appraiser of appropriate substanlive and factual corrections which may be requesled by County. The hourly rate payable to the Appraiser by Ihe County for required and/or requested expert wilness testimony, attendance at mediation and/or court bearings, trial appearances, pre-trial preparation, preparation of court exhibits which are not already a pad of the appraisal repeal, and for time spent in authorized travel shall be $125. The hourly rate for lhe services of an associate appraiser, employed by the Appraiser, for the above-referenced lifigalion-related services, which may be required or requested by the County, shall be $90. Such hourly rates shall be full compensation for services and expenses in conneclion therewith, except for lhe expenses of lravel specifically aulhorized by the Counfy in advance, in writing, and in accordance with the provisions of Section 112.061, Florida Statutes. The time repealed 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 represenling lhe County. Appraiser's invoice must contain a doscriplion 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 lhe final invoice for appraisal services rendered relative to tile Property. The fees set forth on Exhibit "A" include compensation for Ihe services of any and all subcontractors and sub-consultants, Any and all such subcontraclors and sub-consultants used by Appraiser shall be in a contractual relationship with Appraiser. 5. UPDATES AND REVISIONS - Upon request made by County within one year of the date of value as set fodh in Ihe Cedificate of Appraisal, Appraiser shall provide a written update of the original appraisal report. Writlen appraisal updates may be communicaled in letler form wilh Page 2 recertification as to compensation due the property owner; but must contain or include as exhibils 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 Io coincide with changes in the size or configuration of the property to be acquired, and/or changes in the interest in real properly sought by County. 6. FEES FOR UPDATES AND REVISIONS - Fees charged by the Appraiser for providing written appraisal updates within one year of the date of value set fodh in the original appraisal report (as above) shall be established by mutual agreement between Ihe parties to this Agreement; but shall not exceed sixty percent (60%) of the fee as set fodh on Exhibit "A" 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 agreement between the parties to this Agreement prior to commencement of any work, and shall not be subject to the sixty percent limitation. It is hereby understood and agreed to by tile parties that revisions to project plans and legal descriptions, and/or modifications in Ihe interests in real property sought by County, can significanlly aller the appraisal assignment and scope of work required of Appraiser. It is further understood and agreed lo 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 exiend 1o the addilion of appraisal assignments by County (i.e., additional and/or "split-off" parcels to be appraised.) 7. UPDATE DUE DATES - Due dales for the delivery of written appraisal updates shall be established by mutual agreement between the parties to this Agreement. 8. 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 foudeen (14) calendar days from the date of notification by County, furnish such corrected and/or addilional pages which will bring the appraisal report into compliance wilh 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 inlo compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 9. 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 lhat the written appraisal report containing Ihe estimates, opinions and conclusions referenced in Section 1 of this Agreement, is not completed and submitted Io Courtly in accordance with the due date as set forth in Section 3 of Ihis Agreement; Ihen County at its discretion may reduce the fee payable to Appraiser, as set forth in Section 4 of this Agreement, by five percent (5%) for each week, or portion thereof, for every week Ihe written appraisal report is past due; or (b) In the event that circumstances beyond Ihe control of Appraiser cause completion of the wrilten appraisal repeal to be delayed beyond the due date as set fodh in Section 3 of this Agreement, and prior to said duo date there is a mutual understanding between the padies to this Agreement that such delays were beyond the control of Appraiser, County may issue an extension of Ihe due date without penalty. Said extension shall cite the reason for delay in completion of the appraisal repeal and shall set a new due date for submission of the report. 10. CONTRACT ADMINISTRATION - The Real Property Management Depadment Director or the Director's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of Ibis Agreement. ................ t-t ...... , """-' t'l ,~...-,~,ut..~dt~ dljl.,liJlEer, eilher working in a contractual re al onship or as an employee of Appraiser, is hereby authorized by Courtly to sign the Cedificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms ct this Agreemenl musl be properly identified in Ihe writlen appraisal repod(s). 13. CONFIDENTIALITY - Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to tile Property wilh anyone without lhe approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabili[ies, including coud 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 propedies 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 Properly. 14. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT - By the execution of Ihis Agreement, Appraiser warranls that it has not employed, relained, paid, or agreed Io pay, any company or person, other lhan a bona fide employee, Io solicit or secure this Agreement contingent upon, or resulling from, the award or makinq of this Agreement. Appraiser fudher warrants that no pad of the total of the fees payable u~der 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, subconlractor, or consultant to the Appraiser in connection witt~ any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser fudher 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. 15. 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. 16. GENERAL LIABILITY INSURANCE - Appraiser shall maintain during the term of this Agreement comprehensive general liability coverage, including bodily injury and properly damage, in an amount not less than $300,000 combined single limits. Collier County shall be named an additional insured on said policy. 17. 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 liabilily. 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 18. INSURANCE UNDERWRITER RATING - All insurance policies required in Paragraphs 16 and 17 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. 19. INSURANCE CERTIFICATES - Appra ser shall deliver to the Contract Manager prior to the appraisal of tile Properly, those cedificates of insurance which clear y ndicate compliance with the insurance requirements of this Agreement. 20. INDEMNIFICATION - Appraiser shall indemnify, hold harmless and defend the County, its agents and employees from all suits and aclions, including attorney fees and all costs of litigation, and all judgments of every name and description, brought against the County as a Page 4 result of loss, damage or injury to persons or property by reason of any act, or failure to act, by Appraiser, its agents or employees. 21. PUBLIC RECORDS - Appraiser acknowledges that the written appraisal reports, including the materials contained in their addenda, which shall 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. Fudher 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. 22. TERMINATION - This Agreement, or any podion thereof, may be terminated by the padies by providing written notice to the other. Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to such termination. 23. NONDISCRIMINATION - No person on the grounds of handicap, race, color, religion, sex or national origin will be excluded from padicipation 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. 24. 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 padies, 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 padies hereto. 25. NOTIFICATION - All notices shall be given in writing to the padies at the following addresses: As to County: As to Appraiser:, Real Properly Management Depadment Eighth Floor, Bldg. "F" 3301 Tamiami Trail East Naples, Florida 34112 Kenneth R. Devos 6309 Corporate Court, Suite 208 Foal Myers, Florida 33919 IN WITNESS WHEREOF, the padies have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: :ATTEST: . OWI~HT (::~'I~ROCK, Clerk -. /? ,' ¢...~'~?. . -;.~, p'dr-y Clerk--" ?/,// ',%,.,: · :. .'. COLLIER COUNTY. FLORIDA., a political of th ...Stat f / Tfmothy L./.Rahcbck, AICP. Chairman Kenneth R. Devos, MAI, SRA EXHIBIT "A" APPRAISAL FEES AND REPORT DUE DATES PARCEL NOS, ~ D~,LV~:)~* 102,802, $900 30 111,711,811 $1,400 45 118,818 $9,000 75 122,722,822 $1,400 45 124,824 $900 30 127 $7,600 75 128, 728 $9,600 75 Delivery Days = n days from Notice to Proceed Fees include Appraiser's subcontractors and sub-consultants. EXIilBIT "B" (1 of 3) ,,i~ch ~l, i~gs COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to tile Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Review Appraiser, Real Property Management Department, for further clarification. Each appraiser and appraisal firm pre-qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USPAP). NEIGItBORIIOOD DESCRIPTION Appraisal reports must contain a brief description of the subject property's primary neighborhood, and an explanation of ~]% the appraiser )las delineated the neighborhood's boundaries as set forth in the report. This standard also applies to secondary neighborhoods if sales from within a secondary neighborhood are relied upon. NOTE: A neighborhood may very well consist of an entire rural or urban area. If such is the case, the appraiser must provide ti~e reader with the facts and assumptions upon which said determination is based. IIIGIIEST AND BEST USE ANALYSIS Each appraisal report must contain a narrative explanation of the highest and best use analysis employed by the appraiser. Important facts and assumptions leading to the appraiser's highest and best use conclusion must be disclosed. SALES DATA SHEETS Each comparable sale discussed in tile appraisal report (relied upon in the final reconciliation of value) must be described on a Sales Data Sheet, and must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on tile same page as the sales data). The Following information must be readily apparent from a review of the map and/or the written information provided: Date of sale and recording data - Grantor / Grantee and type of conveyance instrument, tf tile sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). Parcel size, access and road frontage (if applicable). Present use and description of improvements (if any). Zoning and highest and best use. o Existing and available utilities. Sale price, financing, cash equivalent price, and unit price. Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser tn reachtng a final value reconciliation (those sales described on a Sales Data Sheet). Use of such tables (often referred to as "sales 9rids") is one of the more helpful and effective methods of communicating the appraisal. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelltng unit), and a column or row for each item of comparison for which adjustments to or away from the subject were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the attributes of the most-relied-upon sales. There is no one best format for creating the sales grid. The format for displaying the data ts at the discretion of the appraiser. PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS - Areas - While the area of the part being acquired will be provtded by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Cost-to-Cure Severance Damage~ - There must a damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the "cure" chosen by the appraiser includes a payment to the property owner to re-establish, construct, or Install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and tile proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, tile depreciated replacement cost of the fencing being taken must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. Land-Valu?Only on Improved Parcels - If it is the Appraiser's Judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate ......... ~ -,~,, c,,u pruuaul~ity or condemnation, the Appraiser w111 generally be instructed to disregard signs within the taking, proceeding under the assumption that Collier County will relocate them at its own expense. Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County's Review Appraiser for specific instructions on valuation and/or compensation regarding the signage. When preparing an appraisal report for condemnation the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner, unless specifically instructed to exclude sign valuation from the appraisal report. ~gcial Benefits - The Appraiser should consult with the Collier' County Review Appraiser prior to assignin9 special benefits to a remainder property. DATA BOOKS - GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff; and it shall be made a spacific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x ll"'paper bound by a three ring binder to accommodate the easy insertion of revised .pages into the bound report. A cover page identifying the project for which the data book is prepared, the name of the appraiser, 8nd the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with a clarity, such that the location of each comparable sale property is dlscernable by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; {2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/or comparative analyses made during the development of the appraisals, and/or which were already in existence and upon which the Appraiser relied during the development of the appraisals. KENNETII R. DEVOS, MAi, SRA STATE CERTIFIED GENERAl. APPRAISER//0000'/03 6309 CORPORATE COURT, SUI'I'E 208 FORT MYERS, FLORIDA 33919 (941 ) 437-2245 [:AX (941 ) 437-2250 PAGER (941) 489-8481 Scptenfl~er 3. 1997 Kevin Ilendricks Review Appraiser Collier County P, cal Property Management Department 3301 F.. 'l'amiami Trail Naples, Florida 33962 Re: Inmlokalee Road Appraisal Services Bids Dear Kevin: I have reviewed tile material which you sent conccrlfing this project and tile seven properties which will constitute tile initial contract. I have made a brief inspection of each property and consulted with Norman 'Frebilcock with Wilson, Miller, Barton & Peek concerning tile need for engineering and other subconsl, ltant services ill the completion of the project. I have attached a copy of their fee proposal for the work to be completed on five of tile seven properties. Tile followj~lg are my comments as to tile exlenl of tl~e appraisal and subconsultant work needed to estimate compensation for these seven properties. Parcel 102/802: This is a tract of vaca.t acreage lex:areal on tile southeast corner of Imn'|c, kalee Road a~ld Oakes Boulevard. The acquisition may impact the use of the site by the current owner as a church site but may not affect to market value of d~e remainder. I would anticipate a complete before and after analysis to support the value of the acqnisition as well as and resultant damages. Fee: $900 Parcel II 1/811/71 I: This is tile fire station on hnmokalee Road. The acquisition appears to affect only some minor site improvements. I will use thc services of Wilson, Miller to ascertain tile cour~ for tile Cost to Cure as ,.veil as tile cost estimate for this work. Fee: $1,400 (includes Wilson, Miller fee of $500.) Parcel 118/818: This property is a 10 acre tract currently improved wiLh a restaurant and several olher buildings. The acquisition will affect tile restaurant building and some sile improvements in close proximity to that building. With a 38 foot right of way and 12 foot drainage easement acquisition, tile parking lot Iocaled north of tile building will be eliminated from practical use. While there is sufficient land REAl. IiS'I'ATI! APPRAISERS & CONSULTANTS ,! September 3, 1997 Immokalce Road I'roject Page 2 available to relocate the parking, this effort may require tile relocation of several other site irnprovemer~ts, including the animal pens located near tile building, to maximize the effectiveness of the parking. The character of tile land will complicate the relocation effort, since a portion of the available land bas been classified as wetland. The owner already has encountered difficulties due to work undertaken on this land. Due to Ibc complexity of these improvements, the efforts in both the appraisal and engineering areas will be extensive. The appraisal would be a complete before and after analysis using both tile Sales Comparsion and Income Approaches. Due to the age and condition of the restaurant improvements, tile Cost Approach probably will not be applicable. Engineering work will include extensive survey to identify and locate existing improvements and identify the nature of tile available land areas. This latter will be important in designing the relocation of parking and other site improvements. The character of the land also will require some environmental examination, to verify tile ability of tile owner to relocate these site improvements as close as possible to the restaurant. 'Fbe relocation design and planning will require exlensive planning and engineering efforts. Fee: $9,000 (including $5,500 for survey, er, vironmenlal, planning and eugineering) Parcel 122/722/822: This is tile school property which curreutly is being improved with the new high school. The acquisition appears to include only land and temporary construction fencing other than the road improvements for the entrance drive. Due to tile size of tile site, damages are not likely but I would recommend the use ora complete before and after analysis. With only land and site improvements included, the work effort can be kept to a minimum. Engineering effort would be to cost to cure engineering. Fee: $1,400 (including $500 for engineering) Parcel 124/824: This is vacant acreage used for truck farming as an interim use. I would provide a before and after analysis for land only. No engineering effort appears to be needed. Fee: $900 Parcel 127: This is a vacant acreage tract which is proposed for development as a residential subdivisiou. The acquisition will require the examination of the proposed development design and the effect which the proposed acquisition will have on Ihat design., This also will require the consideration of alternative designs ill the remainder to maximize the development potential and minimize tile loss of units which can be placed on tile remainder. Tile appraisal analysis will be a complete before and after, using the engineering data to estimate damages and/or Cost to Cure amounts. Fee: $7,600 (including $4,600 for planning and engineering) Parcel 128/728: This is an active landscaping plant nursery. The acquisition will affect a portion of the fencing, drainage/irrigation ditch, interior road and growing fields located along the northern property line. It also may affect the water retention area located along tile western side of the site. The appraisal will require a complete before and after for ~l~e property as an improved nursery. Due to tile specialized nature of the property and the high land to building ratio, the appraisal would include both the Sales Comparison and Cost Approaches to value. Since most nurseries are owner occupied, an Income Approach vrobably would not be applicable. El/Al, I';STATF, API'RAISI.:RS & CONSUI.TANT$ September 3, 1997 Immokalec Road Project Page 3 Engineering work would include survey to identify and locate existing improvements, both buildings and agricultural items. It also would require planning and engineering work to design and estimate cost for the reconfiguration of the remainder into a property which can operate at a level of efficiency as close possible to that of tile Whole. Fee: $9,600 (including $6,600 for survey, planning and engineering) DEI.IVERY TIM F.S: Due m the extensive efforts for survey, planning and engineering, the most complex properties, such as Parcels 118/818 and 128/728, will take considerably longer to complete than the simple land acquisitions such as Parcel 102/802. While some portions of tile appraisal effort can run concurrent with tile engineering effort, tile final consideration of the remainder value will depend upon the completion of the engineering work. Therefore, I propose to schedule the submission of these reports based upon the degree on subconsultant involvement. According to Norman Trebilcock, the engineering work will require approximately 8 week to complete. This would be for the most complex properties, Parcels 118, 127 and 128. Work on tile other two properties on which they will participate should be completed in two to three weeks less time. Based upon this, I would be able to schedule. PARCEL Parcel 102/802 Parcel 111/711/811 Parcel I 18/818 Parcel 122/722/822 Parcel 124/824 Parcel 127 Parcel 128/728 provide completed appraisal reports on tile following I.)F. LIVERY FEI:. 30 days from Notice to Proceed $ 900 45 days from Notice to Proceed $1,400 75 days from Notice to Proceed $9,000 45 days from Notice to Proceed $1,400 30 days from Notice to Proceed $ 900 75 days from Notice to I'roceed $7,600 75 days from Notice to Proceed $9,600 I look forward you working with you on this project. The probable effects of the acquisitions on several of tile properties require a close examination and consideration of possible means to minimize or eliminate their effects on the resnainders. A co-ordinated effort using botll appraiser and engineering firm should provide the County with a firm basis from which to negotiate with the owners. If you have any questions, please let me know. Sincerely, Kenneth R. Devos, MAI, SRA State-Certified General Appraiser 0000703 REAL ESTATE APPRAISERS & CONSULTANTS 09/0~/97 ~ED 17:45 FAX 941 843 $715 ~S~N ~ILLER ~ 001 TO: PROFESSIONAL SERVICES PROPOSAl. Kenneth R. Dcvos, MAI, S[L,~. 6309 Corporate Corn-t, Suite 208 Fort Myers, FL 33919 (FAX 941-437-2250) FROM: Fcrmin A. Diaz, P.E. Senior Vice President Normm~ J. Trebilcock, P.E. Associate DATE: SUBJECT: September 3, 1997 Smweying, Environmental, Planning, and Engineering Services for lmmokalee Road Right oF Way Acquisition (Naples) Collier County, Florida. ]o I.I. Client desires to determine "cost to cure" estimates for sites which will be impacted by the fight of way (ROW) acquisition associated ,,villa the widening o[ Immokalee Road. There are five specific sites that have been identified: Jersey Joe's, Pelican Nursery, North Naples Fire Station, Laurel Oak Elementary School, mid Pebble Brook Lake Planned Unit Development (PUD). 1.2. Client 4411 usc "cost to cure" estimates to determine file ROW acquisition assessment on behalf of Collier Cotmty. Wilson, Miller, Barton & Peek, Inc. (Wilton Mille[) has been asked to submit a proposal for the project based on a 50 foot (38 fi, ROW + 12 fi Drainage Eascmemt) impact along file south side of Immokaloe Rd. 2. I' The scope ~jt'~.'s Proposal is based on Wilson Miller's understanding of the current rules, [egulationl,,~..,~ ordLnanccs in affect at the date of this documem. Kenneth R. Devos Professionnl Services ARj-eemcnt Page 2 2.2. q'he hJte,~t of this project is not to conslzuct or pcmtit the improvements, but to provide a plan wlfich addresses impacts associaed wiCt the ROW and DE acquisition. The cod pro<lucts will be in the form of plus, c~lculations, and cost estinmtes, as ,,pplicabl¢. The site cures generated will bc in general conformance with current regulations and accepted design p~act/ccs. 2.3. ROW and DE acquisition w~ll not require relocation/demolition of existing buildings, 2.4. Improvements u) mit/gate ROW and DE acquisition can be accommochted on site. INFORMATIONLT_O BE PI~,OVIDED BY CLIENT Client is expected to furr~sh Wilson Miller ,~4th full inforraation, including any special or extraordinary con~ide, rations for thc Project or special services needed. Client is also expected to make available any pertinent documentation n:garding deeds, cazemenls, right-of-ways, etc. SCOPE OF SERVICES 'lhe prot'essional sen'ices that Wilson Miller will provide include, and arc limited to, the following for each o£the specified sites: 4.1. Jersey Joe's-This site may require relocalion of the existing parking mad home pens. This site also has some wetland issues lhat require investigatio,. 4.1.1. Survey-Topo and field locate existing site improvements (i.e. parking, buildings, horse pe~, wetland m'~as). 4.1.2. Environmental--Determine wellnnd impacts ~d evaluale permJtmhility of site cm'e. 4.1.3. Planning-Develop site plan which addres~s displaced ~ite impruvemcnts and is in conformance with current code requirements. 4.1.4. Engineering-Assist irt site plan development and generat~ design, permit and constmmion (,i.e. parking lot, drive, landscape, sidewalk) opinions of cost for improvements and pertinent design calculations (wate$ managcmenL ~rip generation). 4.2. pelican Nur~e~-lltis site may requira relocation of the existing parking, fence, drainage ditch, and plantings. 4.2.1. S,rvey-Topo and field Ioc.~te existing site improvements (i.e. parking, hnitdings, fence, aqd drainage ditch). 4.2.2. Planning-Develop site plea~ which ~dresses displaced $1te improvements and is in conformance with cu~cnl c. ode rt~qulrcments. Kcrmcth R. Devos PlofCssional $~rvlc~s Agreement 4.3. 4.4. 4.5, Page 3 4.2.3. Engineedng-Assis! irs site plan dcvelopmcnt and generate design, permit anti construction (i.e. pa~king lot, drives, landscape, fence, drainage) opinions of cost for hnprovements and peainent design calculations (,,rater mamgcmen~, trip geno-ation). Ebb:ill,Laid--Site impacts arc limited to driveway moclification~ (i.e. realignmeni, culver~ improvement) 4.3.1. Engineering-Construction opiuion oleos! and design sketch. I~tirt:_Sch~ll--Site impacts ,re limiled ~ driveway modificatiotss (i.e. re~ligrumcat, culver~ improvement) ~,.4.1. Engineering-Construction opinion of cost and design sketch. Pebble !1~'The approved PUD Master Plan may need to be modified to accommodate the ROW and DE acquisition. Acoustical m~alysi, and proposed solutions may be wan-anted Io ~'Idress noise sensitive sites (i.e. residential). ~,.5.1. Planning-Develop revisext PUD Mas~ Plan to ~ccommoda~ ROW mad DE a~quJsition. 4.5.2. Engineering--Perform acou~cal analysis, assist in plan developmenl, and generate opinion of cost (i.e. berm/noise wall). ~ Acoustical annlysis will be performed by subco~usullm~t Robert t:I. Tanner. Kenneth R. Devos professional Services Agreement Page Wilson Miller proposes to carry out the services described above in Section 4, SCOPE OF SERVICES, for the following fees: SCOPE OF ~ERVICE I.~E AMOUNt' 4.1 J~rsey J~ Survey $ 2,400 En~,6ronmcnml $ 500 Planning $ 1,600 ~sgineering $1,000 Survey $ 1,500 Planning $1,600 Engineering $ 3,500 ~.3 ]~[f~12th_~.'!R]es Fire Station En ginevring $ 500 4.4 Lxll~l_Q:,tk Elementary School Engineering $ 500 ... Plarming $ 1,600 Engineering $ 3,000 ,ffav.~Cl,,k~ E D SERV1CES Thc profcs.sional .services that Wilson Miller will provide under this Proposal/Agreement i~elude, m'~d are limited to, those described above in Section 4.0, SCOPE OF SERVICES. All other service~ ara specifically excluded. Lis~ed below a~e excluded services which may be requh'ed or desh'ed for the Proj~t: 1. I. Hazardous waste service~ or Level One Environmental Audit. 1.2. Anflfitectu~at, Su'uctural, Mechanical, ;md Electrical professional se~ices. 1.3. Permitting ~d final design services. 1.4. Legal service~. 1.5. Oeolecknical services. Kenneth R. Devos Professional Services Agreement Page ~CE AND AUTHORIZATION TO PROC[~D This Proposal/Agreement is open for acceptance by Client for thi2~ d~ys, after which it nay be whhdrawn by Wilson Miller aud may be subject to rcnegotiafiog. 2.3. I[ Lifts Proposal/Agreement satis£~torily sets forth CiienCs en~c understanding of the agreement, please sign the enclosbd copy ofth~ agreement [n the space pro~dcd and return it tn Wilson Miller as authorization to proceed with thc work. I iLEREBY authorize the performance of services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the auached Stand~d Business Terms and Conditions of Wilson, Miller, Barton & Peek, Inc. ! also acknowledge that I have read. undersold, and agree to the Standard Business Terms and Cooditions attached hereto and m~e a part of' this Agr~.cment. ! warrant and represent that I am authorized m cuter into this Ag~n~ment. Accepted this ~ day of __, 1997. Kenneth P~. Devos, MAI, SRA Erich Standard Business Terms and Conditions Rate Code Schedule MEMORANDUM DATE: December 29, 1997 TO: FROM: RE: Ms. Sue Filson, Administrative Assistant Board of Commissioners · ?// Kcvin Hendricks, Review Appraiser Amendment to lmmokalee Road Appraisal Agreement Transmitted for execution by tim Chairman of the Board of Commissioners is an Amendment to thc Irnrnokalee Road (I-75 to CR-951) Appraisal Agreement. The "WHEREAS" clauses arc self-explanatory. Copies of the original Agreement and thc original memo citing the specific authority'of thc Chairman to execute are attached. The current Chairman's name was removed from the document since I ,,vas not sure whether Mr. Hancock or his successor would be executing the Agreement. Please print the appropriate name under thc signature block after execution, and forxvard to the Clerk for attestation. Please do not hesitate to call if you have any questions. Thank you. AMENDMENT TO APPRAISAL AGREEMENT THIS AMENDMENT TO IMMOKALEE ROAD (I-75 TO CR-951) APPRAISAL AGREEMENT (hereinafter referred to as the "Amendment") entered into this day of 1998, is by and between COLLIER COUNTY, FLORIDA, a political subdivision of 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 3919. WHEREAS, since the date of the original Immokalee Road (I-75 to CRo951) Appraisal Agreement between Collier County and Kenneth R. Devos, MAI, SRA, dated September 16, 1997, (hereinafter referred to as the "Agreement") it has been determined that additional parcels should be appraised; and there have been changes in the estates in real property required for project construction; and it has been determined that, in some instances, a lesser interest in real property will be required than that originally contemplated; and that, due to property splits, the County has had to make changes to the legal descriptions of the properties to be appraised; and the County has changed its policy relative to relocation and/or replacement of affected improvements located within the proposed right-of*way; and there have been modifications to project design; and WHEREAS, all of the project modifications and changes in the character of the properties to be appraised have significantly altered the scope of work authorized under the Agreement; and WHEREAS, under the provisions of Paragraphs 1, 5 and 6, of the Agreement, said Agreement may be amended to add parcels to the Appraiser's assignment; the County may change the scope of work of the appraisal assignment; and the fees and due dates for delivery of appraisal repods to the County may be amended. NOW, THEREFORE, in consideration of the above recitals, and the mutual promises contained in that certain Immokalee Road (I-75 to CR-951) Appraisal Agreement dated September 16, 1997, County and Appraiser hereby amend said Agreement as follows: 1. Due to changes in the scope of services originally proposed by Appraiser, and due to the addition of appraisal assignment(s) by County, Exhibit "A" to the original Appraisal Agreement (setting forth the parcels to be appraised, the fees for delivery of the appraisal repods, and the due dates therefor) is replaced in its entirety by Exhibit "A2" attached to this Amendment and made a part hereof by reference. 2. All other provisions of that certain Immokalee Road (I-75 to CRo951) Appraisal Agreement dated September 16, 1997, are still in full force and effect. IN WITNESS WHEREOF, the padies have hereunto affixed their signatures by their duly Page2 2. All other provisions of that certain Immokalee Road (I-75 to CR-951) Appraisal Agreement dated September 16, 1997, are still in full force and effect. IN WITNESS WHEREOF, the parties authorized representatives. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk have hereunto affixed their signatures by their duly COLLIER COUNTY, FLORIDA, a political //,.~:/,./ 2 .~,,¢,~ , Chairman AS TO APPRAISER: Witness KENNETH R. DEVOS, MAI, SRA Approved as to form and legal sufficiency: I Heidi F. Ashton Assistant County Attorney EXHIBIT "A 2" APPRAISAL FEES AND REPORT DUE DATES PARCEL NOS. APPRAISAL FEE DELIVERY DAYS * 101,701 $900 60 102,802, $900' (received) 102 A ~802 A $1,400 60 103/803 $900 30 104/804 $900~ 30 1051805 $900 30 106/806 $900 30 107/807 $900 30 1081808 $900 30 109/809 $900 45 110/710/810 $900 45 111 /711 /811 $1,400 30 1121812 $900' 45 113 17131813 $900 :~ 45 114/814 $900: 45 1151815 $900 45 116/816 $900 60 117/817 $900 60 118,818 $9,000 (December23,1997) 119/819 $900 60 120/820 $900 60 122,722,822 $1,400 (received) 1231823 $900 60 124,824 $900 (received) 125/725/825 $900 60 1261826 $900 60 127 $7,600 (December23,1997) 128,728 $9,600 (December23,1997) Delivery Days = n days from Notice to Proceed Fees include Appraiser's subcontractors and sub-consultants.