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Resolution 1997-356 168 5<1p1 RESOLUTION NO. 97- 356 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AlITHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF ROAD RIGHT-OF- WAY, SLOPE, SIDEWALK. UT1LI1Y, DRAINAGE, MAfNTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE WHICH ACQUISITIONS ARE REQUlRED FOR THE FOUR-LANING IMPROVEMENTS FOR IMMOKALEE ROAD (C.R. 846) BETWEEN 1- 75 AND C.R. 951 CIE NO. 08. WHEREAS, the Board of County Commissioners (Board), on September 27. 1994 adopted Ordinance No. 94-54 therein establishing the 1 Q94 (Sixth Annual) Capita! Improvement Element of the Growth Management Plan in order to establish priurities for the design. acquisition a.nd cOllstr.Jction of the various capital improvement projects which comprise the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the four-laning roadway improvl..-n1ents to Immokalee Road between [.75 and C.R. 951 are component parts of the Transportation Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables. concurrence, safety and welfare considerations have been reviewed as they relate to lhe implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Colli~ County. Florida, to matntain flexibility over the acquisition of property rights required for the construction off.he four-laning roadway improvements for Immokalee Road between 1-75 and C.R. 951. hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein refercnce; and WHEREAS, the design and construction of said transportation improvements and related facilities have been detelmined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of 'be transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health. safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management PlaIl fOi Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: -~'~---'n 1- 168 5 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The road right-of-way, slope, sidewalk. utility, drdinage. maintenance and temporary construction interests by easement and/or the fee sImple title acquisition... identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requimnents. in order to pennit the construction and maintenance of the tran~l'Ortation improvements and related facilities for the Imrnokalee Road between 1-75 and C.R. 951, CIE No. 08. 3. The Board has determined that the construction and maintenance of the four-Janing transpor- tation improvements and related facilities are necessary for a public purpose and is in the best interest ofCullier County. 4. The construction and maintenance ofthc (ransportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in thc best interest of Collier County for the Board to acquire the road right-of-way, slope, sidewalk, utility, drainage, maintenance and temporary construction interests by casement and/or thc fee simple title identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, slope, sidewl1lk, utility. drainage, maintenance and temporary construction interests by easement and/or fee simple title on the properties identified in Exhibit "A". 6. The Chairman c.fthe Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of finns pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff detennines is necessary to best serve the needs of tile Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes. hereby formally waives the requirement for a fOlmal, jnd~pendent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) i~ less than One Hundred Thousand and 00/100 Dollars (5100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and -,_ge 2- 168 5 the data therefrom) obtained on similar properties and upon consideration and application of appropriate markct value and cost data penincl1l to lhe subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject propel1y acquisition, Real Property Managc.."T!lent Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, FIOlida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and allY subsequent Chairman. for the Ii fe of the Project, to execute any instruments which have been approved by the Office of the County Attorney. to remove th(; lien of any encumbrance and for allY such other purpose as may be requIred for the acquired road right-of-way, slope, sidewalk, utility, drainage, maintenance artd tt:mporary constructIOn interests by easement and/or fee simple title. 9. In those instances where negotiated selllem~nts may be obtained via the "Purchase Agreement" or "E<1sement A~eement" mechanism, the Director of the Office of Capital Projects Managcml.-rlt, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority 10 approve the purchase of land interests abovc the staff compensation estimate or appraised value 2Jld pay normally related costs when it is in the best interest of the Project. within tilt: pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference belween the purchase price and compensation estimate or appraised value is less than Fifteen Thousand arId 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County Purchasing Depar~ment; provided, Project funding is available. 10. That the settlement approval authority is de!cga!ed by the Board to the extent that such approvals do not conflict with tbe provisions of Section 125.355, Florida Statutes. 11. The Chailman of the Board is hereby authori7.ed to execute Easement Agreements a.nd Purchase Agreements where the iandowncr has agreed to sell the reqUlrcd land rights to the County at its uppraise.c value or at that anlOunt considered the "Auministrative Settlement Amount" as such term is internally used by tlte administrative agencies of Collier County. 12. Where the properly owner agr~es, by sworn aflidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the - P<'.'J2 ~- 168 5 proper I:xecution by the property owner of those casements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or stalf compensation estimate in accordance with this R~solution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed KacCcptoo'. by the Board of Count)" Commissioners, as the governing body of Collier County, Florida., a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records oi Collier County, Florida, said easements or fee simple title and such other instmments as may be required to remove the lien of any encumbrance from the acquired properties. C THIS RESOLUTION ADOPTED on this~lay of ~~~-~'V, 1997, afler motion, second and majoIity vote. . .,~ IliJ Jr ~ '. i' ATTEST: "'.:;;. DWIGHT E. BRcX;K,CLERK BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ -~~~ -~ .rttrg~~~HAIR,\1AN I -4~~/..h~~~~~ '.'."" . '. Clerk j, . Approved as to fonn and legal sufficiency: ~t. ~ ~ ~ ( {;v- ~--~tJ'J~~~=- Heidi F. 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E: !f- h: h : + 1, A " ~~~tL '\ CJ~ '7 16"....5 ---l Vl rTJ (") :::t o Z ;ON ,.'-' Z. 0--< rTJO N~ ~~ )o"l) Vl --<.... CD Vl g .~ . I; · f 'I ~ ~- . ~ ~ /(,7Jr PRO.JEeT: Immoka!ee Road PARCEL: 822 (SC'ilool Board) SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this ~~ay of ~~, 1911by and between COLLIER COUNTY, a political SUbdiviSi~~e State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter callod "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corpoiation, by its undersigned officers who have boen duly authorized b}' the corporation to eX6cute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, horeinafter called "Utility." WITNESSETH: WHEREAS, the Utility presantly has <In interest in cartain lands that have been determined necessary for drainage, utility and maintenance purposes; and WHEREAS, the proposed use of thase lands for drainage, utility and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter referred to as "Lands") described as follows to-wit: The South Twelve (12') Feet of the North One Hundred Fifty (150') Feet of the East One Thoussnd Nine Hundred Eighty and 88/100 (1980.89') Feet of the Northeast Quarter of Section 28, Tov.nship 46 South, Range 28 Ea!>t, Collier County, F=lorida. WHEREAS, the County is willing to pay to have the Utility's facilities relocated, If necessary, to prevent conflict between the facilities so that the benefits of each may be retaine.cJ; NOW, THEREFORE, in conSideration of the mutual covenants and promises of the parties hereto, Utility and COlmty agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: .--r......-~_...__-A.____..__....-___...._______...._.--...- -.....-- '-.--..-'-.. - /I1J r The South TWEllve (12') Feet of the North One Hundred Fifty (150') Feet of the Eest One Thousand Nine Hundred Eighty and 89/100 (1980.89') Feet of the Northeast Quarter of Section 26, Tov.t1ship 48 South, Range 26 East, Collier County, Florida. to the intor6st of t~ County, its successors or assigns, for the purpose of constructing, improving, maintaining and operating drainage, utility and maintenance purposos, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Natura of From or Recorded ~mbrance Date Against In Favor Of Book-Page Easement 11/21/96 Tha School Board Florida Power & O.R. 2269 of Collier County, Light Company PG 1138 Florida Easement 02r20/97 District School Board or Collier County Florida Power & Light Company O.R. 2303 PG 3051 PROVIDED that the following rights are granted to Utility: 1. The Utility shall t18ve the right to construct, opgrate, maintain, improve, add to, upgrade, remQve, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the lands will be subject to prior approval by the County. Shouid the County require the Utility to alter, adjust, or relocate its faciHtil:!s from or within said Lands, tho County hereby agrees to pay the cost of such alteration, adjustment, or relocation, inciuding, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall havo a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to tho County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, raquirEtd by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement i$ not assign~ble except to the State of Florida for the use and benafit of the County in connection with the Utility's installation and maintenance desaib6d above. (Corporate Seal) /t13r IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. IjUAfiO Al\t~ST: . ,I)/".~ . .o~IGHT.~;:a~~ Clerk ~ .' " ..~. 1 <,. ~ . .. ~;7S'~~7- 1".., ........ . .. ,,'" 9 " ~ ., ? ',,' SY1~\l"\" ')~'. Approved as to form and legal sufficiency: ~iJ;Sh~ivCL~ Assistant County Attorney Signed, sealed and delivered in our presence as witnesses: d.t. Win SS (Signature) ~Stonc (Print Name of Witness) j\~~ 1:11 A~~-,. WITNESS'(Signature) Danna trf... RQ.deba;l,12._ (Print Name of Witness) STATE OF: ~ COUNTY OF:~ ~.:>~ SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, Fl.ORIDA "7- BY:~ Timothy L ~ ancock, Chairman FLORIDA POWER & LIGHT COMPANY, a Florida corporation - B~_~~ (~ ' P~JftPt\. Cbllm (Print Name and Title) R 1 c.... Dirt6ct.or. Corporate ca &:.ewte &: Auiltant Secretary .x ~eforegoing instrument was acknowl&dged ~fore me on this ~dtJy of ~~-JA1 , 1997, by Iou M. Chllm (Pr&.\lid6I,t VI \Gce P.rMAdent) , as ~ tR~ to ~ .~ (Print Title of Officer) on behalf of the FLORIDA POWER AND LIGHT COMPANY, a Florida corporation. He;sM is porsonally known to me ~ a& id9Rtifieetioo. (Affix Notarial S9al) J..~.~h4 4U<~HJL_ (Signature of Notary Public) (Print Nama of Notary Public) NOTARY PUBLIC Serial/Commission N . My Commission Expl IMMOKALEE ROAD (1-75 TO CR-951) APPRAISAL AGREEMENT 168 5 THIS APPHAISAL AGREEMENT entered into thiS!!.:: day of ' -r-- k , 1997, is by and between COLLIER COUtHY, FLORIDA, a political su lVi Ion 0 t e tate of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trdil East. Naples, Florida 34112, and KENNETH R. DEVOS, MAl, SRA (hereinafter referred to as 'Appraiser"), whose IT.ailing address is 6309 Corporate Court, Suite 208, Fort Myers, Florida, 33919. WITNESSETH: In consideration 01 the mutual promises <'..ontained herein, County and Appraifler hereby agree as foliows: 1. ASSIGNMENT - For each parcel listed on Exhibit "N (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, Cl portion of which is raquired for Ihe construction of public roadway. drainage. and/or utilities improvements. Compensation estimates shall include an estimate of the market value of the intorest in real estate sought by the County, an estimate of severance dr.tmages to the remainder property (if any). 05 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 tracl shall be set forth individually but contained within a single written appraisal report. Additional appraisal reports may be added to. and may become a part of, this Assignment only by writter. amendment to this Agreement. 2. STANDARDS AND REQUIREMENTS - Appraiser's written report sllall conform to all applicable stal,dards as set forth by the Uniform Standan1s of Professionsl Appraisal Practice (USP AP), 1997 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 supplemont to the Uniform Standards of Professional Appraisal Practice), as set forth in Exhibit "8", attached hereto and incorporated herein by reference. 3. DUE DATE - Upon execution of this Appraisal Agreement by the Chairman of the Collier County Board of County Commissioners, County shall issue a Notice to Proceed to Appraisp.r. 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 wE:ek following notification from County that the draft 3ppraisal is accepted and approved. Appraiser shall provide to County three (3) written appraisal reports, each with original signature and color photographs. 4. INVO!CING AND FEES - Unless the provisions of paragraph 6 am invoked regarding alterations in the scope of work to be performed, the fees as set forth on Exhibit "A" shall be pliid 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 a!readya part of the appraisal report, and for timo spent in authorized travel shall be $125. The hourly rate for the sar.;ices of an associate appraiser, employed by the J\ppraiser, for the above-referenced Iitiyation-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 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 spacific work related to litigation is subject to final approval by the County Attorney. or by an attomey 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 ail 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 011 Exhibit "A" include compensation for ltle services of any and al: subcontra<..1ors and sub-consultants. Any and all such SUDcontractors and sub-consultantt> lIsed by Appraiser shall be in a wntractual relationship with Appraiser. 5, UPDATES AND REVISIONS - Upon request made by County within one year of the date of value as set forth in the Certrficato of Appraisal, Appraiser shall provide a wlitten update of the original appraisal report. Written appraisal updates may be communicated in letter form with 168 5 Pag1l 2 recertt/icaticn as to compensation due the prrJperty owner; but must contain or include as extlibits all new information not contained either in the original appraisal report, or any previou5 updates, upon which the Appraiser's conclusions are based. Appraiser shall also prepare revised appraisal report~ at the re<Juest of County to coincide with changes in the size or configuration of the property to be acqutre<i. and/or changes In the Interest in real property sought by County. 6. FC:ES FOR UPDATES AND REVISIONS - fees charged by the Appraiser for providing written appralsallJpdatas wittlin one year of the date of value set forth in the original appraisal report (as above) ~hall be established by mutual agreement between the parties to this Agreement; but shall not exceocl sixty percent (60%) of the fee as set forth on Exhibit "Aft for preparation of the original Cippraisal fflVOrt for the Property. In those instances, however, whare the elements of value of the parent tract have changed significantly, fees charged by the Appraisar for providing written appraisal updates shall 6e established by mutual agreement between tl1e parties to this Agreement prior to commencement of any work, and shall not be subj0c'1 to thl) sixty percellt limitation. It is hereby understood and alilreed to by the parties that revisions to project plans and legal descrirtions. and/or modifiC<ihons in Ihe 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 s3id 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 tha addition of appraisal assignmonts by County (i.e., additional and/or Wsplit-off" parcels to be appraised.) 7 . UPDATE DUE DATES - Due dates for the delivery of written appraisal updates shall be establis~led by mutual agreement betwet3n the parties to this Agieement. 8. COMPLETiON / CORRECTION - If a substantially completed written appraisal report (original) is delivered to COU:1ty 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, A.ppraiser shall, within fourteen (14) calendar days from the date of notification by County, fumish 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 perfonTlance will be charged against the Appraiser within said 14 day period. Nor shall Appraiser charge County any additional fees for bringing written apprai:sal reports into compliance with the US PAP, for correcting any errors, or for providing previously omitted materials. 9, LATE PENAL TIES I EXTENSIONS FOR CA.USE - It is acknowledged that time is of the assence, and that the following schedule shall govern the assessment of penalties for late performance: (a) !n the event that the written appraisal report contAining the estimates, opinions and conclusions reff)renced in Section 1 of this Agreement, is not completed and submitted to County in accordance with the due date as set forth in Section 3 of this Agreement; then County at its discretion may reduce the tee pa)"ablc to Appraiser, as set forth in Section 4 of this Agreement. by five perr..ent (5%) for each week, or portion thereof, for every week the written appraisal report is past due; or (b) In tht') eVEnt that circumstances beyond the control of Appraiser cause completion of the written apprai5al report to b3 delayed beyond the due date as set forth in Section 3 of this ^';lrooment, and proOr te. sakl due date there i~ a mutual unr1erstanding between the parties to thIS Agreement that such delays were beyond the control of Appraiser, County may issue an extension of the due drita wi+..hout 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. 10. CONTRACT ADMINISTRATION - The Reai Property Management Department Director or the Director's designee (hereinafter reforred to as WContract Manager"), shail be responsible for ensunng performance under the terms and conditions of this Agreement. 168 5 PllQe3 11. MEETINGS - Appraiser sllall 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 establishe-d by mutual agreement of the parties to this Agreement. 12. CERTIFICATE OF APPRAISAL - The Certificate of Appraisal shall be signed by Kenneth R. De'los, MAl. SRA. 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 proper1y Identified in the written appraisal report{s). 13. CONFIDENTIALITY - Appraiser shall neither disclIss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further. Apprai!;sr 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 r:lgents or employoes, and shall not engage in any business transactions involving any of the 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. 14. 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 tide 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 t.o any employee of the County as .....ages. compensation, or gift in exchange for acting as officer agent. omployee. 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 Agreernent without financial obligation, or to pursue any other available remedies. 15. WORI(ERS' (;OMPENSA TION 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 iO!icy shali include employer's liability with a minimum limit of $100.000 each accident. 16. GENERAL LIABILITY INSURANCE - Appraiser shall maintain during the tann of this Agreement comprehensive general liability cove ral;le, includin~ bodily injury and property damage. in an amount not less than $300,000 combmed 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 minimllm limits of $300,000 per occurrence. combined single limits for bodily injury and property damage liability. This shall include owner vohicles, hired and non-owned vehicles. and employeo non.-ownership. Collier County shall be listed as an additior:al insured on said policy HI. INSUPANCE UNDERWRITER RATING - All insurance policies required in Paragraphs 16 and 17 shall be issued and w:it!on with a compan}', or companies. authorized to engage in gen~)ra! !iability and pubHc liability insurance in the ~tate 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. 8est Company, Inc. i9. iNSURANCE CERTIFICATES. ApPfEliser shall deliver to the Contract Mar"lager, prior to the appraisal of the Propertf, those certificates of insuranl;e which clearly indicate compliance with the insurance requirements of this Agreement. 20. INDEMNIFICATION.. Appraiser shall indernnify, hold harmless and defend the County, its Br,lents and employees f~om all suits and actions, including attorney fees and all ("'.ests of litIgation, and ail judgments of every namo and desGnption. brought against the County as a 168 5 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 c.ontained in their addenda, which shall prepared under the tenns of this Agreement, shall becomr. the property of County, and that County may disdose the infonnation contained the:ein at its discretion, and in accordance with the provisions of Chapter 119, Florida Statutes. Further Appraiser acknowledges that County may tenninate 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 A~reemElnt, or any portion thereof, may be tenninated by the parties 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 tennination. 23. NONDISCRIMINATIOt~ - No person on the ~rounds of handicap, race, color, religion, sex or national origin will be exduded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the perfonnance of this Agreement, or in the employment practices of Appraiser. Appraiser shail, 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 parties. and there are no other prior or contemporaneous, eral or written agreements, understandings or promises related to the P..ssignment. This Agreement may be modified only by written amendment executed by all the parties hereto. 25. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: As to County: Real Property Management Dt:lpartment Eighth Floor, Bldg. "F" 3301 Tamiami Trail East Naples, Florida 34112 As to Appraiser: Kenneth R. Devos 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: ..../r. . -,,'/7-. . ~~ 0~)j;) alnnan P ~~/ By: -d'~ /V~ ~neth ff.~Ar. APP71 as to forn- l!JftUff!r.ie"~J ...J..( LA..1LL.A-- .~5S1St.lr.t CCllfi~J "tt~),i1e;-..-' 168 5 EXHIBIT "An APPRAISAL FEES AND REPORT DUE DATES PARCEL NOS. APPRAISAL FEE DELIVERY DAYS. * 102,802, $900 30 11.1,711,811 $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. ..,~.,.~_... ~v_.._._.,.___. EXHIBIT "8" (1 of 3) .wrCh 21, 1995 16B 5 COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the 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 SUnYllary) preparad 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 ass i gnment undertaken for the County, the appraiser should consult with the Review Appraiser, Real Property Management Department, for further ciar1fication. Each appraiser and appra1sal firm pre-Qualified to provide appraisal sarvices for the Board of County Commissioners of r.ollier County, Florida, ;s respons1b19 for obtaining and maintaining a current co~y of the Uniform Standards of Professional Appraisal Practice (USPAP). N EI GHBORBOOD DESCR I PTI ON Appraisal reports must contain a brief deseript10n of the subject property's primary neighborhood, and an explanation of ~~ the appraiser has delineated the neighborhood's boundaries as set forth in the report. This standard also applies to secondary neighborhoods if salp.s from within a secondary neighborhood are re11ed upon. NOTE: A neighborhood may very well consist of an entire rural or urban area. If such is the case, tne appraiser must prOvide the reader with the facts and assumptions upon \o.'hich said determination 1s based. HIGHEST AND BEST USE ANALYSIS EdCh appraisal report must contain a narrative explanation of the highest and best use nnalYS1s employed by the ^ppraiser. Important fa~ts and assumptions leading to the appreiser's highest and best use conclus1on must be disclosed. SALES DATA SHEETS Each comparable sale discussed in the appraisal report (relied upon 1n the final reconcil1ation of -.alue) must be described on a Sales Data Sheet, and must be acc~npanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The follow1ng 1nformation must be readily apparent from a review of the map and/or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property 1s located in a County besides Collier, a copy of the deed of transfer must bp. provided as well. o Loc&tion 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 descr1ption). o Parcel size, access and road frontage (if applicable). C Present use and description of improvements (if any). o Zoning and highest and best use. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the part1es allocated value among the land and various improvements (if available). o Appraiser's comments. EXHIBIT "8" (2 of 3) I4Ilrch 21, lU5 168 5 SALES lOCI. TIOH H.A.PS Each written appraisal report shall contain at least one map upon which shall be plotted all of tha compsrable sales analyzed during the development of the appr~1sal. If the comparable sales cover such an extensive geographic area that a one page map would be 1ll9g1ble, then more than one map 18 encouraged, each at a scale which is legible to the reader. i.e., where cOlllllOn .treats, rivers, canals, city blocks, .tc. ar. recognizabl9. S.~lF.s GRIDS Each appraisal report shall contain a table of the s^les most relied upon by the appraisar in reaching a final valua reconciliation (those sales described on a Sales Oat~ Sheet). Use of such tables (often referred to as "sales grids") is one of the mora helpfUl and effective methods of communicating the appraisal. The sales grid must identify each sale by number or n~, includo the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per d~elljng unit), and a column or row for each item of comparison for which adjust~nts to or away from tho subject were m~de by the appraiser. The 3ales grid must also contain a column or rew to show the subject's attributes in comparison with the attributes of the most-relled-upon sales. Tr~re is no one best format for creating the sales grid. The format for displaying the data is at the discretion of the appraiser. PARENT TRACT Aftar ~ppllcat10n of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of o~nersh1p), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the c~se of a partial taking, must show on the sketch tho part being aCQUired by the County. Unless Collier County prnvides the Appraiser with a parent tract detormination and an area calculation for the parent tract, it is the responslbility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKIHGS - ~ - While the area of the part being aCQUired wl11 be provided by the County, it is the responsibility of the Appr!1ser to calculate the area of the remainder tract. ~-to-cure Sever~-Pam~~~ - There must a ~amage to the remainder real estate before a cure can be appl ied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation Collier County cannot be assured that tr~ cost of the cure will be less than the damages to ~h1ch th~ property owner would otherwise be entitled. If the "cure" chosen b,y the appraiser includes a payment to the property owner to re-establish, construct, or inlltal1 8 feature upon the r8IM1nder, for which the property owner has been compensated in the va 1 ue of the part taken, then the compensation for the taken feature shall be deduct~d from the total compensation due the property own6r. For example: if compensation includes the depreCiated replecement r.ost of fencing located ft1thin the take area, and the proposed "cure" includes the Installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, thfl depreCiated replacement cost of tho fenCing being taken mU3t be deducted frQ~ the total compensation due the property owner. In I1dditlon, If the cure involves the relocation of 8Illenit1es or parking (or anything else that takes up useable space) onto the remainder property. the appraisal must address cOIIlpensation for thA loss of that area occupied by the relocated feature. 1An~-Val~e-Onl~-2n Imorov'd Parcel~ .. 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 possfbility of any damages accruing to the remainder property, tho Appraiser may elect to prepar9 a before and after estimate EXHIBIT "B" (3 of 3) I~..rc" 21, 1iI9S 168 5 of value of the value of the land only. Such before and after values must be clearly labelled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in olecting not to appraise the value of the property a5 improved in both the before and the after situations. ~~ - Typically, Collier County will attempt to work with the affected property owner to arrive at a ~utually agroeable location to which a sign within the taking might be moved. Generally, the County will offer to perform this relocation work itself (I.IS an add-on to the prime contractor's scope of work). For this reason, until faced with the prObability of condemnation, the Appraiser will 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 Apprais~r 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 tha signage in the total estimate of compensation due the property owner, unless specifically instructed to exclude sign valuation from the appraisal report. $pl:\cial fi~ - The Appraiser. should consult with the Collier County Review Appraiser prior to assigning special benefits to a remainder property. DATA BOOKS - GENERAL NOTE: For multiple appral~al 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 specific 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 sale::; sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on a '/2" x "" paper bound by a three ring binder to accommodate the easy insert ;on 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, and 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. 2. 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 discernable by the reader. Any Listings employed by the appraiser must also be shown on the maps. 3. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings ba::;ed 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; (1) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in d'weloping the apprll.isals; 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. KENNETH R. DEVOS, MAl, SRA ST ATE CERTIFIED GENERAL APPRAISER I0000703 6309 CORPORATE COURT, SUITE 208 FORT MYERS, FLORIDA 33919 168 5 (941) 437-224S FAX (941) 437-2250 PAGER (941) 489-8481 September 3, 1997 Kevin Hendricks Review Appraiser Collier County Real Propeny Management Department 330 1 E. Tamiami Trail Naples, Florida 33962 Roe: Immokalee Rood Appraisal Services Bids Dear Kevin: I h:t.ve reviewed the material which you sent concerning this project and the seven properties which will constitute the initial contrnct. I have made a brief inspection of each propeny and consulted with Nonnan Trebilcock with Wilson, Miller, Banon &. Peek concerning the need for engineering and other subconsultnnt services in the completion of the project. I have attached 3 copy of their fee proposal for the work to be completed on fi\'e of the !even properties. The following are my comments as to the extent of the appraisal and subconsultant work needed to estimate compensation for these ~ven properties. Pa.rt:el 102/802: This is a tI3ct of vacant acreage located on the southeast comer of ImmokaJee Road and Oakes .8oIJlevard. The acquisition may impact the use of the site by me current owner as a church she but may not affec.1 to market value of the remainder. I would anticipate 2 complete before and after analysis to suppon the value of the acquisition as well as and resulblnt damages. Fee: S900 PRrCei 111/811/711: This is the fire station on ImrnolcaJee React The acquisition appears to affect only some minor site improvements. I will use the services of Wilson, Miller to ascertain the course for the Cost to Cure as well as thoe cost estimate for this work. Fee: $1.400 (includes Wilson, Miller fee of $500.) Parcel 118/818: This propeny is a 10 acre tl"""clCt currently improved with a restaurant and ~veral other buildings. The acquisition will affect the restaurant building and some site improvements in clo~ proximity to that building. With a 38 foot right of way and 12 foot drainage easement acquisition, the parking lot located north of the building will be eliminated from practical use. WhiJe there is sufficient land ~BS'J:'ATB ~lsnll.S a: CONSUl.T~ . " September 3, 1997 Immokalee Road Project Page 2 160 ~ ) available to reiocate the parking. this effort may require the relocation of several orner site improvements. iocluding the animal pens located near the building. to maximize the effectiveness of the parking. The cha.'(\cter of the land will complicate the relocation effoTt. since a ponion of the available land has been classified ;:IS wetland. The owner already has encountered difficulties due to work undertaken on this land. Due to the comple~ity of these :mprovemems. the efforts in both the appraisal and engineering aIUS will be extensive. The appraisal would be a complete before and after analysis using both the Sales Comparsion and Income Approaches. Due to the age and condition of the restaurant improvements. the Cost Approach probably will not be applicable. Engineering work will include extensive survey to identify and loc..,'\te existing improvements and identify the nature of the available land areas. 'nJis 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 the ability of the owner to relocate these site improvements as close as possible to rhe restaurant. The relocation design and planning will require extensive planning and engineering efforts. Fee: $9.000 (including $5.500 fOi survey, environmental. planning and engineering) Parcel 1221722/822: This is the school property which currently is being improved with the new high school. The acquisition ap(>p..-ars to include only land and temporary construction fencing other than the road improvements for the entrance drive. Due to the size of the site. damages are not likely but I would recomm~nd the use of a complete before and after analysis. With only land and site improvements included. the work effort can be kept to a minimum. Engineering tffort 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 Pureel 127: This is a vacant acreage tract which is proposed for development as a residenti~J subdivision. The acquisition will require the examination of the proposed development design and the effect which the proposed acquisition will have on that design. This also will require lh~ consideration of alternative designs in the remainder to maximize th~ development pote:ttial and minimize the loss of units which can be placed on the remainder. The appraisal analysis will be a complete before and after, using the engineering data to estimate damages and/or Cost to Cure amount'i. 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/!rrigation ditch, interior road and growing fields located along the northem property line. It also may affect the water retention area located along the western side of the site. The app~jsal will require a complete before and after for the property a.s an improved nursery. Due to the specialized nature of the propeny 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 probably would nO( be applicable. REAL..1iSTATE APPRAjSERSa: CONSULTANTS _.._~ - -'~ar-"" --- ~ ~ ~ JfJ1.l.UllM-"- '1'l*rrr-.--~.-.r -.-....~1 11m... --~~.. .........-.--...- - ',,--, - September 3, 1997 Immokalee Road Project P2ge 3 168 5 Engineering work would inciude survey to identify and locate existing improvements, both buildings and agricultural itc.:ms. It alllO would require planning and engineering work to design and estimate cost for the rt;.(',onfigUI'alion of the remainder into a Pf'O?erty which can operate at a level of efficiency as close possible 1:0 that of the Whole. Fee: $9,600 (iocluding S6,6OO for ~urvey, planning and engineering) DELIVER Y TIMES: Due to the extensive efforts for survey, planning and engineering, the most complex properties, such as Parcels 118/818 and 128n28, will take considerably longer to cornpiete than the simple land acquisitions. such as Parcel l02iS02. While 30me portions of the appraisaJ effort can run concurrent with the engineering effon, the final consideration of the rerMinder vaJue will depend upon the completion of the engineering wort. TIterefore, f propose to schedule the submis.\ion of these reports based upon the degree 00 subconsultant involvermnt. Acrording to Norman Trebilcock, the engineering wOlk: win require approximately 8 week to complete. This would be for the most ccmplex properties, Parcels 118, 127 and 128. Work on Ow: other two properties on which they y,;1l patticipaie should be completed in two to three weeks less time. B~red upon this, I would be able to provide completed appraisal reports on the following schedule. PARCEL P3rce I 102/802 Parcel 111/711/811 Parcel 118/818 Parcel 122/722/822 Parcel 124/&24 Parcel 127 Parcel 128/728 OEUVERY 30 days from Notjce to Proceed 45 days from Nooce to Proceed 75 days from Notice to Proceed 45 days from Notice to Proceed 30 days from Notice to Proceed 75 days from Notice to Pnxecd 75 days from Notice to Proceed FEE $ 900 $1,400 $9,000 SI,4OO $ 900 $7,600 S9,600 I look forward you worlc.ing with you on this project. The probable effects of the acquisitions on several of t..he properties rr-.quire a cl~ eumination and consideration of possible means fO minimize or eliminate their effects on the remainders. A co.ominated effon using both appraiser and engineering firm should provide the County \\oith a firm basis from which to negotiate with the owners. If you have any questions, please !t:t me know. Sincerely, r:;-p~~d/(P~-&-- Kenneth R. Devos, MAl, SRA Statc-C.ertifjed GeneraJ Appraiser ()(X)Q7 03 ____.B.EAL RST A 111 APPRAlSBJS 4:. CONSULT Ml."TS If 1L&II___ P...-_..--...- _-. 1-- ~.' . . 'f . -' .' r"'" ......,... O'/03/~1 'ED 17:41 PAl .41 '~3 1718 -!!!,.S~ !( I lJ.ER lIllOOl _. -. -...-. - - -- -.- 16B 5 ?ROFFA~ION.AL SERVlCES PROPOSAL TO: Ka:meth R. ~. MAl. 8RA 6309 Ccxpon!k eo..:rt, Suite 20& FortMyas, FL 33919 (FAX 941-437-225.'1) FROM: Fmrrin A. Diaz.. P .E. Senior Vice President Noonan J. T:rebik:ock. P .Eo A.WlclaU: VA TJt: Septanba 3, 1997 Surveyina, ~ PlAnDing. aOO Engillt.lerina Services for lmmob1.ce R.oed Riiht ofWty A.cquismon (~}Q) Collier County, Florida. SUBJJ:c.." : 1. QVERvre:n.: . 1.1. Client desiI\!:S to detl':aninc"cost to cure" ~ fOr me. wbich will be impec:bi by the rielrt of way (ROW) acquisiuQO ~ with the ~ of In'''nnJna~ Roat 'I'bC:I'e an: five spcciflC si1es tlmt havo bcei.1 idemit1t:d.: Jer:.w:y loc's, Pdican NUP:1UY. North Naples Fire Stmon, lMurcl OK FJ~y School, ad PebbAc Brook l&Ice Planned Unit Deveklpmcot (PUD). 1.2. Clic;t will lJIe uCOl&t to (:\OlI;'" el!IinWe$ to detaminc the R.OW acquisition IllI5CSSrOIb/1I 011 ~ or ~ C~. W'WaJ, MiJlu, ~ & Prx*. B. (Wilai Miller) _ been asked to~.ab.nlt a ~ fur 1M project basI:d 011 a 50 foot (38 ft ROW + 12 It Drainlge &.~) impDct alor.g the lIO'JIh s\de ofbnmokakle Rd. . 2. AS~ 2.J. The ~ ".. Pluposal i3 baced on Wib.orx Millerll undt:rIfaDd.ing o(the cur:w rules. ~. ordir.ances in affr:ct At the eWe of This documazs. OMU". W4'17J<<m.l'UT I.DfA 168 5 :KcaDeIh R Devol Pcp 3 Professional Services Aareancnt 4.2.3. E.nginee:ring-Asmt in site plan ~ and pocnte design. pennit md COIWtrvoction (i.e. paronj.1Qt, drive$, ~ f~ cbimlse) opinions of 00$t fur imprcMmems aod pcrtitw:.nt ago ca1culad0Dl (W&ta' ~ nip gcccntion). 4.3. NMiII ~ lITe ~-Silc j.,.u are llinited to dm~ modifications (i.e. mUi~~ culveP.1 Urqroolemmt) 4,3.1. F~~opiDion ofcost and design skMd1. 4.4. Lq,rd (tV i'~ ~Su. jlDplCt3 are limited to drMway modifiastioos (ie. mWazmx:ut, c:Wva1 improvr:mcu) 4.4.1. ~-CoaItruotioa opUUClft of COlt Ind del.ian 8tAdL 4.5. ItlBbbh BriDak I.,v- The appro~ pun Mu1a l'lm may need tn be modified to lIIXo ~IJl('~ the ROW a:nd DE ecquisidoG. A.r:oWIdcu1 aDalya:b t:lnd p:oposed colutioca may I,)IfI \vuta*:d 10 IIddreas nol8Il acn.tUivc lites (Le. reaidadW). 4.5.1. Plaoaina-I:>eYdup le'1i.scd PUD M8lMa' Plan to IlCCOED.JDOdI1t ROW and DE acquidtion. 4.5.2. ~Pbfonn ~ -.uym, assist in plan ~ and aeoetek opiniOQ of coet (ie. bermIDoite walI). ~ Aco1Bdc:a1 ansJysis will be pu~ by sWx:onsulwJt Rohcn H. Tmaer. ..,..". ".a)~.wr lolPlA. ,..,..~-~-......~.._........"._- _ o~s~ WED .!!.L~U "UU 111. lbB 5 lC.eaIxUlR.Devos ~cbsiOMl ScMc:ea Aarecmeut Page 4 ~. D:I:S Wibao Mill<< prcposcs to ctJCry out the scrviooI doscn'bed sbo\Ie in Section 4, SCOPE OF SERVICES, for the following fees: SCOP!. Of'SDlVla 4.1 Jaw J... Survey Envi10nmcntal Plamrine -~- 4.2 P"d l'Uaca Survey PLuming En&inecrina 4.3~~ .E . 4.4 J.,atal'll(Qu. E:?f!.~ 4.5 ~~I""b Plar.ning ~ ItU AMOUNT S 2,400 S 500 $ 1,600 $ 1.000 $ 1..soo S 1,600 S 3.500 $ 500 $ SOO S 1,600 $ 3,000 1. EXCLtJPm..s~S The profi:as.ioMl ~U:c:. tbIt Witaoa Miller will provi@ UDder dU Ploposall Agrecmmf include, sod are limited tn, thole dcJ.aibcd Ilbove iD Sectkm 4.0, SCOPE Of' SERVICES. AD oCher ac:rviccs are &peci1icaDy cxch'ldrd. Li!Ilccl below ~ excluded scmc- which may be required or desired for the Projett 1.1. lUzardou1 waste Jet'Vices or LevU Ow: Enviromncara1 Audit 12. ~, 8tmc:1unU. ~ and F.1ccttical pro~ IfItVica. 13. Pt:J.1Ditting aDd final design ~. 1.4. IL-pl8t:rViccs. 1.5. ~~. GiMM'7- ~.N1T I~ 4t/O~/'~ lED 11:~' PAl .41 Ct~ ~11S ------ -- 168 " "J K..emJdh R. DevOti Probsiomll Senica A~ Page 5 2. MXwr' ~ ~..AU'WPB.lZ.AllON..TO PRnl':F'F.Q 2.1. ~ A,..~~ 'This PropoIalI Agreemeat 'is open (or ~ by C'1icnt ror dility days, a!U:r which it may be witblhawu IT,. WJlIoo Miller IUd may be subject to renqJ~ 22. ~~Jlft!'J' If thd Propo5a1IAsrcanfJlSt nb~Y IdS futth CUem's eDtirc: ~g of the 1iIeN-'~1. plea: sip me ar.loI8d WYf ofthil ~ in the sptee provided and rdum it to Wibc:m Miller as lIIItborizIIioD to proceed with the 'MXk. 2.3. OwnI!'!rICItf,j1rt AutMri.~ I HEREBY ~ the pdlrmmce of ~ as cbcribcd herein aDd agree to pAy the c.bIP:pla ~ thereby .. idaDIificd above in 8CCOIdmcc wid! the aachr.d 8ta7aWd. BwiDca Tena ad CODdiv.ons of W1lsoo. Miller. BatfoD & Peck.lDc. I aIM ~.,. J have rer.d. u.odt.raud, aOO agftle to \be Stl\ndard Businc::Is Tams _ ~ G~ heMe and mACIe . pm of this ~ I WID'IIJt IUd l.~ 1bIt 1 Am mzthariz.ed to CDtrX into thb A;feement. I~~_.~of , 1997. Kctmctb R.. DevQS, MAl. SRA Encl: Stmdard BU..m.ca08 Teens and Conditions Ra1r. Code Scllcd1.llc 0WIlJIf7.. W-<<1l~ JUT l~