HomeMy WebLinkAboutbocc.con.154.2013 Re�. n8-sn-ii�ts
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 154-2013
ORIG[NATING DEPARTMENT: Open Space and Trails
PROCUREMENT OFFICER: Dale Will PHONE#: -9205203
PROJECT NAME: Emma Farms Conservation Easement Appraisal CONTRACTOR: I�85h-.
Johnson Associates, Inc.
DOLLAR AMOUNT: $8350.00 L1NE ITEM# I 18.75.02001.82000
CONTRACT EXECUTION DATE: 2/5/2013 CONTRACT END DATE: 5/30/2013
AUTOMATIC RENEWAL: ❑ YES �NO TERM: Less than one year
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER$50,000(Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None � Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
� Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal �
✓ CHECK CONTRACT TYPE:
� � �L
� Services/Maintenance ❑ Employment
❑ LicenseNse ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑Non-Profit
❑Construction ❑ Quasi-Public(e.g.-AVH)
❑Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change OrdedContract Amendment
(C/O: 10%or$25K whichever is[he lesser mus[have Counly Managcr signaWre)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled In
✓ ❑ If Page Left Inten[ionally Blank—Note on Page ✓❑ All Exhibits Attached
✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached(ijopp/icable)
✓ � All Original Signatures Affixed ✓❑Notice of AwardMotice to Proceed Attached (ijapplicable)
✓ � All Da[es Filled In ✓❑ Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ � Authorized Procurement Ofticer's lVame: Dale Will
BY CHECHING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE W[LL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
154-2013
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' �t>Li 1�'T4,
. , ' ?� Coniracr. 154-2 013
�ITKIN COUNTY STANDARD FORM OF AGR�CMGNT
2013
AGREEMENT made as of sch day of pebruary 2�R, B�TWGCN the Board of County
i
COMMISSIONERS OF PITKIN COUNTY(the "BOCC")and Nash-lohnson Associates
• (herein after called thc "Contractor"to provide services for:
; Board of Couuty Commissioners of Pitkin Cowity Contract Amoum:S 8,350 �
2
! C/O
; Dale Will,�Irector,Open Space and Tralls .
� Address 530 E.Main St,3rd Floor Pf0Je01 Emma Farms Conservation Easement Appraisal
Aspen,CO 81611 Neme:
; Phone (q�0)920-5203 � � �
i
� Scope of services detail attach as exhibit below
� And the Professional(Contractor Info): Exhibits as appended end made a part of this Agreement:
� t � Name anuary 4,2 7 etter, to a e
Nash-Johnson Aswciates,Inc. �
� Address 40455.Broadway,Ste.204 � Exhibit A
' Englewood,C060773
; Phone (303)761-1609
' N1App�aisers@nashjohnson.com This agrecment will termina[e on May 30,20 and will require
E•mail
' � , a new documentation in succeeding ytars lo bt effective.. ;
p ��'f . .rti�.���_�v�..� ..� :
� The purpose of this egreement is to summarize the pertinent terms of Pitkin County's arrangement with you.The County's
obligation under the Workers' Compensation Statute requires Pitkin County and you to formalizc the terms of this
�
engagement in a notarized writing.
� It is mutually agreed that the County does not have an exclusive right to your services and it is wntemplated that you
may provide siinilar work to other businesses, govemments and non-profit organizations. You acknowledge [hat the
� work perfoimed for Pitkin County will be that of an independent contractor and that no employee-employer relationship
I is created. You have full control over how the services are performed and it is expected that work wiil be conducted in
accordance with industry standards by applying professional judgmenL The Counry will provide, if necessary,
doeuinents and inforroation to coinpfete the work described in the scope of work. The County representative signing this
letter is available to you to discuss any details related to this agreement You acknowledge and agree that you shall no[
be entitled to workers'compensation benefits in connection with this project and [hat you shall be responsible for
the payment of all state and federal income taxes.
You shall obtain,and maimain continuously for the term of this arrangement at our own expense,occurrence form
Commercial Geneial Liability with limits of 5500,000 Eacli Occurrence, 5500,000 General Aggregate and
5500,000 Products/Completed Operations Aggregate including an endorsement naming the County as an additional
insured (for ongoing operations and completed operations) and/or other insurance to indemnify the County for the
activities and services of tliis of this arrangement. You are not relieved of any Iiability or other obiigations azsumed
pursuant to this arrangement by reason of your failure to obtain or maintain insurance or by reason of your failure to
procure or maintain insurance in sufficient amounts,durations,or types.
. K�<e mfnrsmum �
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154-2013 Page 1 of 8
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I� PUBLIC CONTRACTS FOR SERVICES.CRS§&17.5-I OL[NofApplicablelo agreemenn reln�6iq la U�e ojjer,lssxauce,
ar safe oj securllles, Inves(rrrent advisory services or jm�d ntauagemeul services, apa�sored proJecls, L�rergovenu�rerun/
I - ngreemenh, or injonunliar ledinolopy servlces or prod�rc�s and servlces] Contractor cenifics, wartants, end agrees that it
dces not Anowingly cmploy or con[rect with an illegal alien who will perform µ•ork under this contract and will confirm Ihe
employment eligibiliry of ell employccs�vho are ncwly hired for employmcnt in the United States to per(ortn work under this
� contract,through participation in the E-Verify Progrem or thc Dcpartment progrem established pursuant ta CRS §8-17.5-102
l . (5)(c),Contraclor shall not knowingly employ or contract with an illegal alien lo perfonn work under this coNracf or enter into
Ie contract with a subcontractor that fails to certify ro Contraaor that thc subcontractor shell not knowingly employ or contract
with an illegal alien to perf'ortn work under this contract.Coniracror(a)shall not use E-Verify Program or Department program
procedures to underlake pre-employment screcning ofjob applicants while this contract is being performed,(b)shall notify the
subcontractor end Ihe contracting State agency within three days if Contractor haz actual.knoH�ledge that a subcontrector is
empioying or contracting with en illegal alien For work under this contmct,(c)shall tenninate the subcontrect if a subcontrocror
does not stop employing or coniracting with the illegal alien within three days of receiving the notice,and(d) shall comply
with reasonable requesis madc in the course of an investigation,undertaken pursuant lo CRS §8-17.5-102(5),by thc Colorado
Department of Labor and Employment. If Contracror participates in lhe Department progrem, Conlrecror shall deliver to the
contracting State agency,lnstimtion of Higher Education or political subdivision a wrinen,notarized ettirmation,affirming that
Contractor has exemined Ihe legal work status of such employee, end shall comply with all of thc other requirements of the
Department program. If Contractor fails to comply with any rcquirement of[his provision or CRS §8-17.5-101 et seq, the
contrecting Stete agency, institution of higher education or political subdivision muy terminete this contract for breach and, if
so tertninated,Convector shall be liable For damages.
i
I PUBLIC CONTRACI'S WITH NATURAL PERSONS. CRS §25-76.5-10i. Contractor, if a natural person eighteen (18)
j ' years of age or older, hereby swears and af(irtns under penalty of pequry that he or she (a)is a citizen or olherwise lawfully
! present in the Unite tates pursuant lo fede�al law,(b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)
� has r d o -f of identification required by CRS§24-76.5-103 prior to the effective date of this contract.
` �3Rv�tz.N � 2013
Name of Repraentative for Pitkin County /
STATE OF COLORADO )
)ss.
� COUNTY OF PITKIN )
The(orgoing instrument wes acAnowledged before me this_day of ,20[2,by
Wi�nessed my hand and otficial seal.
� My eommission expircs: �
Notary Public
AGREED:
Name of rthorized C tractor Reprtsentalive
STATE OF COLORADO )
)55.
COUM'Y OF PITKIN ) �
The forgoing inswment was acknowledged before me this_day of 2012,by
, Witnessed my hend and ofiicial seal.
I hlycommissioncxpires:
' ,k.«�d�sa.,�.. Notary Public - �
i nn+
' . 154-2013 Page 2 of 8
Nash-Johnson Associates, Inc.
� Real Estate Appraisers - Consultants
PAichael R. Nash, MAI, Randali Johnson
Joseph B. Franklin, MAI, Carol Simon, Amy J. Wiliiams, Kevin Columbia
4045 Soulh Broadway,Suite 204 349 W. Jefferson Avenue
- Englewood, Colorado 80113 PO Box 95 Hayden, CO 81639
. (303) 76b6103 , (970) 276-2532
Faz: (303) 761-1609 Fax: (970) 276-9102
� - Email: NJAppraisers(a�nashiohnson.com
Pitkin County
Eagle county
C/O Pitkin County Open Space and Trails
Attention: Mr Dale Will
' S30 E. Main, Suite 301
Aspen, CO 81611
E-mail: dale.wili@co.pilkin.co.us ' January 24, 2013
Re: Proposal/engagementletterforrealestateappraisalservicesinvolvingaconservationeasement(CE)
planned to encumber approximately 67 acres of 137 acres of Iand that comprise Emma Farms,Eagle
and Pitkin Counties, CO; said CE to be appraised in a Phase 1 "draft"of a restricted appraisal report
and a Phase 2 summary appraisal report; and said appraisal services intended to be used for tax
purposes involving the Colorado State Department of Revenue and Federal IRS as the CE would be
donated, at least in parl, to Eagle and Pitkin Counties which will resuit in tax benefits such as
Colorado tax credits
Dear Mr. Will,
Please, note that appraisal guidelines of Treasury reguiations require that the "contiguous family-owned
parcel" (CFOP), be appraised and possible "enhancement" of the value of nearby real property owned by .
"re�ated persons"be addressed. The CFOP relative to Treasury regulations is the land underlying the CE plus
contiguous land owned by the donor and donor's "family members." "Family members" as defined by
' Treasury regulalions are the donor's spouse, brothers, sisters, pareMS, grandparents, children, and
grandchildren. "Related persons"as defined in Treasury regulations includes said donor and donor's"family
members,"donor and corporations in which the donor has a greater than 50 percent ownership, donor and
fiduciary of any trust, a fiduciary a�d a beneficiary of a trust, and many other similar relationships involving
corporations and partnerships
I, respectfully, request the following (some of which you have already provided)as they are necessary to the
completion of our appraisal services:
1) the legal description of the CFOP to be.appraised, that is the underlying real property that is the
actual subject of the appraisal;specifically, land to be encumbered and contiguous Iand owned by the
donor and donor's"family members"or a written statement that the donor and"family members"do
not own such property;
, 2) needed for an analysis of possibte enhancement, the legal description of nearby but not
POSTEmmaCEPitkinEagle.Pro012473 1 -
154-2013 Page 3 of 8
Eagle County
Pitkin County
C/0 Pitkin County Open Space and Trails
Re: Proposal/engagementietterforrealestateappraisalservicesfnvolvingaconservationeasement(CE)
planned lo encumberapproximately 67 acres of 137 acres of land that comprise Emma Farms,Eagle
and Pitkin Counties, CO; said CE to be appraised in a Phase 1 "drafF'of a restricted appraisal report
and a Phase 2 summary appraisal report
contiguous, real property owned by "related persons" or a written s[atement that such "related
persons"do not own nearby property or a 50 percent interest in corporations,trusts,and partnerships
that do;
3) the preliminary and when available, final CE document with respective legal descriptions and
property rights restrictions;
4) the "baseline reporP' that ensures that the CE will promote significant conservation goals in
perpetuity; and
5) tlocumentation that ensures thai the CE v�ill be donated/and or sold to a recognized non-profit
organization such as MLT.
' 1) This appraisal work will be phased, wherein you have the opportunity to have our phased appraisal work
stopped via a phone call, a �5 day "window," after your receipt and review of the Phase 1 "draft",of the
restricted report. If you do cail to stop our work within 15 days of receiving the Phase 1 "drafC'of the restricted
report we will not provide and you will not be biiled for the Phase 2 summary report.
2)All of our appraisal work will be conducted in conformance with the requirements of the Uniform Standards
of Professional Appraisal Practice(USPAP),and the Appreisal Institute. The Phase 1,"drafY'of the restricted
appraisal report will be written in adherence to USPAP, but wiii not be written in accordance with Treasury
regulations and will not be acceptable for State or Federal tax purposes.
. A Phase 2, summary appraisal report will be written in adherence to USPAP and as a "qualified" appraisal
relative to IRS Reg. 1.170A-13(c)(2)(I).
3) The appraisai reports will contain conclusion�of: (t) Fair Market Value of the land of the CFOP; (2) Fair
Market Value of the land of the CFOP AFTER the CE on that respective CFOP is granted; (3) Fair Market
Value of the CE; (4) consideration of enhancement lo nearby properties owned by "family members" and
"related persons;"and (5) potenfial charitable donation resufting from a donation of the CE.
4) Fair Market Value is defined by IRS Code Section 1.170A-1(c)(2) as:
"The price at which the property wouid change hands belween a willing buyer and a willing selter,
neither being under any compulsion to buy or sell and both having reasonable knowledge of the
relevant facts."
Note that the value of a CE has a direct relationship with the utility and value of the property rights restricted
or given up as a result of that CE. In other words and relative lo the real estate market of the property
involved, the greater the utility and value of the property rights restricted or given up, the greater the value of
the CE, as well as, the lesser the utility and value of the property rights restricted or given up, the lesser the
value of the CE.
POSTEmmaCEPilkinEagle.Pro012413 2
154-2013 Page 4 of 8
, Eagle County
Pitkin Counry
C/O Pitkin County Open Space and Trails
Re: Proposai/engagementletterforrealestateappraisalservicesinvolvingaconservationeasement(CE)
planned to encumber approximately 67 acres of 137 acres of land that comprise Emma Farms, Eagle
and Pitkin Counties, CO; said CE to be appraised in a Phase 1 "draft"of a restricted appraisal report
and a Phase 2 summary appraisal report
5) The "drafY'of the Phase 1/Restricted Report will be provided evithin 50 days of the date that I am asked
to proceed if I am requested to proceed on or before January 28,2013; said request signified by our receipt
: of previously-stated,property and CE information and baseline report;this proposal/engagement lettersigned
.
by you; and the retainer fee.
6)The Phase 2/Summary ReporU"qualified"appraisal relative to IRS Reg. 1.170A-13(c)(2)(i)will be provided
, within 40 days of the date that you request said report if that request is received no later than AprilB, 2013.
The delivery date of the Phase 2/Summary Report will also be determined by the date that the criteria of the
CE document are finalized and the date that the CE is to be recorded in the respective county.
' 7)Three copies of the"dra(t"of the Phasel/Restricled Report will be delivered and four copies of the Phase
2/Summary Reportwill be delivered. Each requested additional copy of each Report will be separately bilied
at the rate of$100:00 per copy.
8) The appraisal fee for the Phase 1/Restricted Report is $8,000.00.
Additionally, incurred travel expenses not to exceed$350.00 are payable by you when invoiced as is the fee
that must accompany each appraisal report of a CE when that report is filed with the State of Colorado for its
review, an occurrence required by State of Colorado law; said "review"fee is projected to be$485.00.
9) I(subsequent to our completion of the Phase 1 Report, the Phase 2 appraisal work is requested by you
the appraisal fee for the Phase 2 Report, in accordance with Treasury regulations, is$5,000.00 if that
request is received by us within 90 days of the date of value of the respective, Phase 1 Report.
10) A retainer fee of$4,000.00 is to be paid with your request for our services. Each invoice for [he
appraisal work, travel expenses, and Colorado review fee is to be paid within 20 days of its receipt or it is
considered to be late. A late fee will be assessed and deemed payable on the unpaid balance owed at the
rate of two percent per month or 30 day period.
11) lf changes to a subject propeKy or CE a�e made by you and/or if changes to a Phase Z report are
requestedbyareviewer, forexample, aGOCOreviewerora taxcreditbrokerreviewerorareviewer
for Pitkin or Eagle Counfies, during the process of obtainrng funding or tax credits and any of this
results in additional work or conferences are requested concerning said changes,ihis additional work
and conferences will be billed at a rate of$195.00 per hour and will be added to the fees previously
stated in this proposal.
12) AFTER having received payment of ALL Phase 1 and Phase 2 fees including incurred fravel
POSTEmmaCEPitkinEaglePw012473 3 �
154-2073 Page 5 of 8
Eagle Couniy
Pitkin Counry
C/O Pitkin County Open Space and Trails
Re: ProposaVengagementletterforrealestateappraiszlservicesinvolvingaconservationeasement(CE)
planned to encumber approximately 67 acres of 137 acres of land that comprise Emma Farms,Eagle
and Pitkin Counties, CO; said CE to be appraised in a Phase 1 "drafC'of a restricted appraisal report
and a Phase 2 summary appraisal report
expenses, Colorado review fee, and late payment fees (if incurred) the appraiser will THEN fill out
and sign the appraiser's appropriate Colorado's forms forCE appraisal reporis(ie,AppraiserAffidavit)
. and portion of IRS Fo�m 8283 and send to the Sfate of Colorado a copy of the Report, Colorado
Appraiser Affidavit, and Colo�ado CE appraisal repoR filing and review fee.
General Conditions
With regard to ali proposed work unforeseen delays beyond the controi of Nash-Johnson Associates, Inc.(i.e.
incomplete and/or incorrect information from you, changes by you to the assignment afterwork has begun,
responses for confirmation of market data, severe v�eather)will be considered in performance time.
Appraisers of Nash-Johnson Associates, Inc. are not required to give testimony or to attend any public or
private hearing in court or elsewhere as a resWt of having prepared these appraisals unless a Supplemental
: Work Engagement Agreement has been negotiated. In the event that appraiser(s) of Nash-Johnson
Associates, Inc., is/are subpoenaed or otherwise required to give testimony or attend any public or private
hearing orjudicial proceedings as a result of having prepared these reports you shall pay to Nash-Johnson
Associates, Inc. at the rate of$195.00 per hour for any time spent for the preparetion, travel, attendance,
and/or testimony required and all travel expenses incurred.
if you have any questions, please, call me. If this proposal is acceptable, please, sign and date below; and
send it back to me along with the $4,000 retainer fee so that I receive them on or before January 28, 2013.
Sincerely,
l 7f`/"'�/
__�
Michael R. Nash, MAI
Please, proceed with the real estate services proposed herein as I have returned this
proposal/engagement letter with my signature plus the retainer fee of 54,000.
Representing Eagle County Date
Representing Pitkin County Date
POSTEmmaCEPitkinEagle.Pro012413 4 �
� 154-2013 Page 6 of 8
APPRAISER'S QUALIFICATIONS-MICHAEI R. NASH
EXPERIENCE
Thirty-three years of appraisal experience primarily in Colorado,and sewndarity in Montana,W yominq,New Mexico,Nebraska,
Utah,South Dakota,and Vermont;having served as an intlependent fee appraiser(28 years)and as a staff appraiser(5 years)
forthe Federal Government. Appraisal experience includes fee simple, leased fee,easement,and right-o4way valuation on a
� variety of proFerties including:commercial real estate(such as office,apartment,znd retait buildings,warehouses,and motels),
: farms,ranches,skiresorUrecrea'ionanddevelopmentproperties,andsinglefamilyresidences. Specializedappraisalexperience
' includesconservationeasements,eminentdomain,litigation,plusteachingforArepahoeCommunityCollegeandKaplan/JOnes
College, Reai Estate Appraisal and Uniform Standards for Professional Appraisai Praclice (USPAP) as an Appreisal
-Qualifications Board(AQB)certified USPAP instructor.
� EDUCATION INCLUDING SPECIFIC APPRAISAL TRAINING �
University of Minnesota Master of Science-Forestry,specialization and thesis in Remote Sensing/Aerial Photography
University of Minnesota Bachelor of Science-Forestry,management and research
American Institute of Real Eslaie Appraisers, 1979- 1984, held at U. of Colorado(232 hrs)and U.of Minnesota(120 hrs)
. American Society of Farm Managers and Rural Appraisers(ASFMRA), 1980, Peoria, Illinois(40 hrs)
Continuing Education Since Attaining MAI,(Designation it8033), Member of the Appraisal Institute, in 1988
_ 1988-"Eminent Domain;'Joseph Montano, altorney
� 1990-"Practical Problems... in Eminenl Domain Cases;'Joseph Montano, allomey
1991 -"Market Analysis,"Appraisal Institute and"USPAP,"Appraisal Institute(Aq(16 hrs) �
� 1992-"WalerLaw,"UniversityofCObrado(JamesFelt);"BOUndaryLaw,"Continuin9LegalEducalion;and°Standards -
o(Pro'essional Pradice,"AI(11 hrs) �
� 1993-"Business Valuation,"Continuing Legal and Accountancy Education
� 1994-"USPAP Update,"Continuing Appraiser Education
�995-"Fair Lending and The Appraiser,"Continuing Appraiser Education;"Real Estate Lav/'(24 hours);"Real Estate
�, Practice(24 hours); and"Colorado Law and Contracts"(24 hrs)
, 1996-'Trust Accounts and Closings"(24 hours)and"Advanced Law and Finance"(24,hrs)
'� 1998-"Standards of Professional Practice,"AI(15 hrs)
� . ' 1999-"Eminent Domain;'Continuing Legai Education(16 hrs)and"1031 Tax Deferred Exchanges"(4 hrs)
2001 -"Golf,Mountain and Resort Development,"Continuing Legal Education(13 hrs);"Litigation Appraising;'AI(16
. hrs);and"Condemnation Appraising,"AI (16 hrs)
� 2002-'Uniform Appraisal Standards for Federal Land Acquisitions(UASFLA)",AI(16 hrs);"COncept antl Principies
. of USPAP -An Instructors Application,"Appreisal Poundation (16 hrs); and "Standards of Professional
Prectice,"AI(15 hrs) �
2004-"Real Eslate Camp,"James Smith(24 hrs)
2005-"USPAP Instructor Recertifcafion�Course,"Appreisal Fountlation(7 hrs) . ,
2006-"Emerging Issues in Conservation:Water Rights and Energy Development,"Colorado Coalition of Land Trusts
. (15 hrs)and"Appraisal Review-General,"AI (7 hrs) .
2007-`Relocation Appraisal Training Program,"ERC(6 hrs);"USPAP Instructor Recertification Course,"Appraisal
� Foundation(7 hrs);"Getting to know Rura I Properties;'Colorad0 State Univ.(8 hrs);"Business Practices and
Ethics;'AI(8 hrs); and"Valuation of Conservation Easements,"AI (33 hrs)
- 2006-"Advanced Conservation Easement Issues,"ASFMRA(10.5 hrs)
2009-"USPAP Update,"Appraisal foundalion(7 hrs)
2010-'USPAP InstruUOr Recertifcation Course,°Appraisal Foundation (4 hrs); "Uniform Appraisai Standards for
Federal Land Acquisitions," ASFMRA (24 hrs); "Valuation of Con50rv31i0n Ed52mEnf5 & Other Partial
Inlerests in Real Property," ASFMRA (24 hrs); 20�0 Internal Revenue Service Conserva�ion Issues &
Guidance,AI(8 hrs);"Conservation EasementAppraiser Update Course;'CO Division of Reat Estale(8 hrs)
2017 -°COlorado Assessors Overview,"AI(4 hrs)antl"USPAP Update,"Appraisal Foundation(7 hrs)
2072-"Conservation Easement Appraiser Update Course'CO Division of Real Estate(2 hrs);"USPAP Instructor
Recertification Course,"Appraisal Foundation(4 hrs); Recession, Post-2007&Impacts for RE Appraisers,
AI (4 hrs); "8usiness Practices and Ethics,"AI (5 hrs); and "2013 New Contracts and Forms,"The Real
Estate School(3 hrs)
PROFESSIONAL AFFILIATIONS
MAI(Designation#8033), Member of the Appreisal Institule since 1988
Certified General Appraiser,State of Colorado,(#CG01313850)
Real Estate Appraiser, Slate of New Mexico,(Temp. Praclice Permit#TP-3340)
AQB Certified USPAP Insiructor,The Appraisal Fountlation, (ID#10379)
Colorado Licensed Real Estate Broker, (#EA40008788), and Realtor
- Member of Employee Relocation Council(ERC) .
Vocational(Teaching)Credential for Posi Secondary/Adult Education from Colorado State Board for Community Colleges antl
. Occupationai Education,October�9g9 through September 2009
Now expired: Certified General Appraiser, State of Utah, (#CG53877), Certified General Reai Estate Appraiser, State of
Wyoming, (Permit#148 and Temp. Praclice Permit#148),�and Certifietl General Real Estate Appraiser, State of
Vermont, (Temp. License#03/06/98)
154-2013 Page 7 of 8
QUAUFIEDAS AN EXPERT WITNESS(Denver Federal Court U S Bankruotcv Court�U S�TaxCourt Cobrado Countv Courts
. of Clear Creek.Denver pouqlas Eaqle Gafiield Jefferson Larimer Mesa Pitkin Saquache and Summit�Coloredo Tax Court'
. and Colorado Board of Assessment Aooealsl
� 10/95 Denver County Court;CDOT vs Kubby,Case No.94-CV-4033, (condemnation)
- � 4/95 Jefferson County Court;Wright vs CDOT,Case No.94-CV-0498, (salt damage)
, 3/98 Deposition;Sportman's Wildiife Defense Fund vs Roy Romer,Governor of Colorado,Case No.97-8-737
4/98 Pitkin County Courl;CDOT vs Bishop,Case No.98CV613,(immediate possesslon)
3/99 Denver Federai Court;Sportsmen's Wildlife Defense Fund vs Roy Romer,et al,Case No.97-B-737
� 7l99 Deposition; Summit Co. School Distr. & Town of Breckenridge vs Breckenridge Airport Corp., Case No. 95-CV-53,
, (condemnation)
�� 2/00 CA Boarti of Pssess.P,ppeals;Ste�snboat Ski&Resort Corp vs Routt Co.Board of Equal¢ation.,Year of 7999,�odcet No 35t86
�. 4/00� Deposition;CDOT vs. Bishop, Case No. 98CV61-3,(contlemnation)
� 11/00 DenverCountyCourt;UrbanDrainageandFloodControlvs.Elitch's,BudingtonNorthernRailroad,and`Unknown";Case
� Nos.2000-CV-007375,2000-CV-007316,and 2000-CV-007317,(condemnation)
. 4/01 Deposition;CDOT vs.Stapleton,Case No.00-CV-218,(immediate possession)
5/01 Pitkin County Court;CDOT vs.Stapleton,Case No.00-CV-218, (immediate possession)
� 6/Ot Deposition;Smith and McElroy vs. CBMR Real Estate,Case No 2004CV-09, (condemnation)
� 7/01 Deposition;CDOT vs.Harper,Case No. 00-CV-279,&vs.Olson,Case No.00-CV-298,&vs.Wehmiiler,Case No.00-
CV-370,(condemnation) -
8/Ot �eposition;CDOT vs.Smith,Case No.98-CV-1063,(condemnation) �
9/01 Pitkin County Court;CDOT vs.Smith,Case No. 98-CV-106-3, (condemnation)
9/01 Coiorado Board of Assessment Appeals;Steamboat Ski and Resort Corp vs.Routt Co. Board oi Equalization,Years of
1988 and 2000, Docket Nos.37893 and 37236
10/01 Pitkin Coun�y Court;CDOT vs.Wehmiller, Case No.00-CV-310, (condemnation)
11/Ot Pitkin County Court;CDOT vs.Olson,Case No.00-CV-296, (condemnation) .
1�/07 Pitkin County Court;CDOT vs. Harper,Case No.00-CV-279,(condemnation)
. 4/02 Deposition;Holy Cross ElectricAssociation vs The Piney Valley Ranches Trust,Case No.99-CV-185,(condemnation)
6/02 Eagle Co.Court;Holy Cross ElectricAssoc.vs.The Piney Valley Ranches Trust,Case No.99-CV-185,(condemnation)
; 8/02 � Deposition;CDOT vs Old Snowmass Corners Partners,Case No. 98CV317,(condemnation)
, � 10/02 Arbitration;AWDI vs.Cabeza De Vaca Land&Cattle Co.,JAG No.02-748,(water valuation)
� 12/02 Deposition;CDOT vs Soderberg/Grueter,Case Nos.00-CV301 and 316, (condemnation)
. 1/03 Pitkin County Court; CDOT vs. Soderberg,Case No.00-CV-301, (condemnation)
3l03 Cfear Creek Co.Court;Douglas Mountain WalerCo.vs Norsemen of Ihe Rodcies,Case No.02LV�7,(immediate possession)
6/03 Deposition;CDOT vs Upchurch,Case No.00-CV321,(condemnation)
2/04 Deposition;Arvada vs. HK New Plan Arvada Plaza, LLC, Case No.02-CV-2941,(condemnation) .
2/04 Saguache County Court; Homick vs Trujillo, Case No. 02-CV-36, (water valuation)
3/04 Deposition;Douglas Mountain Water Co. vs Norsemen of the Rockies,Case No.02-CV-8�,(condemnalion)
3/04 Jefferson County Court;Arvada vs HK New Plan Arvada Plaza LLC,Case No.02-CV-2941,(condemnation)
' 7/04 CO Boarcl of Assess,Appeals;Johnson Propedies vs Arapahce Co.8oard of Equalization,Year of 2002,Docket No.42451
10/04 Deposition; Reusswig vs.Granby Lake Shores Estates LLC/Cooper,Case No.03-CV-156
11/04 Arbitrator;ArapahoeCo.BoardofEqualizationandMaryAnnS.Hamitton,Trustee;Yearof2003,ReviewNo.02281-000
3/OS JeRerson Co.Court;Genesee Water 8 Sanitalion Dislrict vs Genesee Foundation,Case No.2005-CV-14,(immediate possession)
4/OS Deposition;Woli Creek Ski Corporation vs. Leavell-McCombs JV,Case No.04K 1099(DLW)
6/05 Deposition; David S. McOonald vs Encana Oil and Gas,Case No.04CV52,(fire impact)
9/05 Deposition; Rose vs Rose,Case No.03 DR 396, (divorce)
10/05 Gartield County Court; Rose vs Rose,Case No.03DR396, (divorce) ,
12/05 Mesa County Court;CDOT vs Jacobson,Case No.05CV459, (immediate possession)
. 8/O6 Garfield County Court; David S, McDonald vs Encana Oil and Gas;Case No.04CV52,(fire impact)
12/07 U.S. Bankruptcy Court; Distnct of Colorado NRE Unlimited Inc., Case No. 07-17348 MER, (market rent)
6/09 U.S.Tax Court;Trout Ranch, LLC etal vs Commissioner of IRS, Docket No. 14374-08,(conservation easement)
-8/10 Deposition;CDOT vs South Santa Fe Joint Venture,et al, Case No.2009CV1277,(condemnation)
12/10 Douglas County Court;CDOT vs.S.Santa Fe JV,Case No.2009CVt277, (condemnation)
2/11 State of Colorado Tax Hearing,Colorado DOR vs. (4)Van Wyhe cases, (conservation easemenls and tax credits)
2l11 Deposition;Copper Moun(ain, Inc.vs.Mario D. Novelly Trust, et al,Case No.2009CV468, (contract payment)
1�/71 Summit Co.Court;Copper Mountain, Inc.vs. Mario D. Novelly Trust,et al,Case No.2009CV468,(contract payment)
3/12 Deposition;Steamboat Springs vs Charles Johnson,Ro�tt Co.Treasurer,Holders of Leasehold Interests in WestACres -
Mobile Home Park Lots, Case No.07CV200,(condemnation)
5/12 Deposition; 1"National Bank otOmaha vs. Farkas, Deutsch&FreepoA LLC, Case No. 11CV1599,(foreclosureJ
8/12 Deposition; RFTA vs Jo-Net, Inc.,Case No. 11CV333, (condemnation)
8/12 larimerCo.Court; 1"National Bank ofOmaha vs.Farkas,Deutsch&Freeport LLC,Case No.11CV1599;(foreclosure}
(NOte:No pu6iications have been generated.)
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