HomeMy WebLinkAboutbocc.con.213.2013 Rev. 08d0-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 213-2013
ORIGINATING DEPARTMENT: Open Space and Trails
PROCUREMENT OFFICER: Dale Will PAONE#: 5203
PROJECT NAME: Glassier Property Appraisal coN'ritnCTOR: Peterson Appraisal
COmP3riy g/�4/13 BOCC approved acquisition new# 118.75.02299.82000
DOLLAR AMOUNT: 8 500.00 LINE ITEM# t18-95:fYi0Dt:8bfl0�
CONTRACT EXECUTION DATE: 7/24/2013 CONTRACT END DATE: 9/30/2013
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$SQ000(Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ❑ Informal ❑ Formal � Sole Source ❑ Emergency ❑Outside Agency/State Bid
❑Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
1 � ��� �-e-'�- �
� Services/Maintenance ❑ Employment
❑ License/Use� ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease , ❑Non-Profit
❑ Construction ❑ Quasi-Public(e.g.-AVH)
� Goods,Equipment, Supplies ❑ Grant Agreements(Notify Finance& Resolu[ion Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or S2SK whichever is thc Icsser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ �No Pages Missing ✓� All Other Blanks Filled In
✓ � If Page Left Intentionally Blank—Note on Page ✓❑ All Exhibits Attached
✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached('efapplicable)
✓ � All Original Signatures Affixed ✓❑Notice of AwardMotice to Proceed Attached (ifappficable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ �Authorized Prowrement Omcer's Name: Dale Will
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract#213-2013 Rev. 8.3L ll jaa/js
Budoet Linc [tcm# I 18.75.02001.86000
�$T'� IN
Cou�T�
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CONTRACT FOR PROVISION OF SERVICES
Glassier Property Appraisal
� THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Peterson Appraisal Company (hereinafter "Contractor").
l. Term. The term of this contract is from July 24, 2013 to September 30, 2013. At the
expiration of the initial term, the contract may be extended for an additional term of six months by
the express written consent of both parties.
2. Contractor's Oblisations. Contractor shall perform appraisal services for the Glassier
Property as further described in Attachment A.
3. Compensation and Expenses, Invoicing,Payment and Offset The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2.
It is expressly understood and agreed th�t in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of �85,000 for all services rendered. By contract or amendment,
the County and Contractor may reallocate the budget among project tasks if the total budget amount
remains tmchanged. Contractor shall invoice for the project monthly based on hours worked, with
payment expected within thirty (30) days of invoice, but any payment by the County may be offset by
any amount the Contractor owes the County for any reason.
4. Countv's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents in the course of its
marketing, professional presentations, and for other business purposes. Contractor assigns to County
� the copyrights to all work prepared, developed, or created pursua�t to this contract, including the
right to: I) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to ose
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin Countv's Obli at� ions. Pitkin County shall administer this contracC through a County
Representative Dale Will will manage the project as the Counry's Representative. In the event that
Mr. Will is not available, Paul Holsinger shall assume the County Representative's duties. The
services provided and products delivered by the Contractor under this contract will be subject to
review by the County's Representatives, ar a designee, for compliance with Contractor's obligations
prior to final payment.
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6. Termination Prior to Expiration of Contract Term. The County has the right to terminate
this contract, with or without cause, by giving written notice to the Contractor of such terminxtion
and specifying the effective date thereof. Such notice shall be given at least ten (]0) days before the
effective date of such termivation. In such event all finished or iinfinished documents, data, studies
and reports prepared by the Contractor pursuant to this contract shall become the County's properry.
Contractor shall be eutitled to receive compensation in accordance with the contract for any
satisfactory work completed pursuan[ to the terms of this contract prior to the date of termination.
Notwithstanding the above, Contractor shall not be relieved of liabiliry to the County for damages
sustained by the Counry by virtue of any breach of the contract by the Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is uot required to oPfer his services exclusively to Pitkin County under this
contract ConCractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under [his contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servaot or agent i� the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
Coimry and is responsible for payment of any federal, state, FICA and other income taxes.
8 AssiQnabilitv. This contract is not assignable by either pazty. Any use of subcontractors by
the Contracror for performance of this contract mu'st be accepted in writing by the Counry.
9. Bindino Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally�settled by arbitration. Arbitration shall be conducted pursuant to the _ _
rules of [he American Arbitration Association and shall be presided over by the Pitkin Coimty
Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
10. Severabilitv. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
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11. Inte�ration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the Cou�ty and the Contractor.
B. The County may, from time to time, request changes in lhe scope of services of the
Contractor to be performed hereimder. Such changes, including the increase or decrease in the
amount of the Contractoi's compensation, which are mutually agreed upon between the CounCy and
the Contractor, shall be in writing and �ipon execution shall become part of this contract.
12. Indemnitv.
A. The Contractor�grees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, pareut, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing peanits for any work included in the project„ hereinafrer referred to as indemnitee, from all
suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or �
claims of any character or any nature arising out of the work do�e in fulfillment of the terms of this
Contract or on account of any act, claim or amount arising or recovered under workers' compensation
law or arising out of the failure of the Contractor to conform to a�y statutes, ordinances, regulation, law
or court decree. It is agreed that the Co�tractor will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary,
pazent, associated and/or affiliated entities, successors, ar assigns, its elected officials, tnistees,
employees, ageuts, and volunteers for losses uising from the work performed by the Contractor for the
County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
beaz all other costs and expenses related theretq even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance. Contractor and subconv�ctors shall procure and maint:�in until ali of their
obligations have been discharged, induding any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work ander this Contract by
the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
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the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration,
or types.
A. Coverage and Limits of Insurance. Contractor shall provide cover�ge with limits of
� liability not less than those stated below. An umbrella and/or excess liability policy may be used to
meet the minimum liability requirements provided that the coverage is written on a "following form"
basis.
I. Statutory Workers' Compensation: Colorado statutory minimums
� a. Policy shall coutain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coveraae B (Employers Liabiliry) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability—ISO 1CG 0001 form or equivalent.
(With Courity named additronal insurecl)
Minimum Limits:
General Aggregate $ 2,OOQ000
Product's/Completed Operations Aggregate $ 2,OOQ000
Each Occurrence Limit $ 1,000,000
PersonaUAdvertising Injury � I,OOQ000
Fire Damage (Any One Fire) $ SQ000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal /Advertising Injury
- • Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed under
contract)
• Independent Contractors
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Budget Line Item# I 18.75.02001.86000
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
� • Additional Insured—Owners, L,essees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent) �
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to indude the following additional insured I�nguage on
the Additional Insured Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns,its elected officials,
trustees, employees, agents, and vohmteers named as an additional insured with
respect to liability and defense of suits arising out of the activities perPormed by, or on
behalf of the Contractor, induding completed operations".
3. Auto Liability: Bodily injury and property dama�e for any owned, hired, xnd
non-owned vehicles used in the performance of�this Contract. �
Minimum Limits:
Bodily Injury/Property Damage(Each Accide�t) $ 1,000,000
�� 4. Special Coverages (check ns approprinte and insert cimount).•
❑(1) Performance Bond $ � �
� ❑ Labor and Material $
❑ Payment Bond $
❑ (2) Professional Errors and Omissions
❑(3)Aircraft Liabiliry
Q(4) Owner's Protective �
❑(5)Builder's Risk
❑(6)Boiler and Machinery
❑(7)Loss of Use Insurance
❑(8) Pollution Liability
� ❑(9) Crime, including Employee Dishonesry Coveraae, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisio�s of this Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty (30) days prior written notice has been given to the County, except when
� cancellation is for non-payment of premium, then ten (10) days prior notice may be given.
Such notice shall be sent directly to (County Representative's Name & Address). If the
insurance carrier will not provide the required uotice, the Consu]tanUContractor and or its .
insurance broker shall notify the County of any cancellation, or reduction in coverage or
limits of auy insurance within seven (7) days of receipt of insurers' notification to that effect.
Simultaneously with the CeRificates of Insurance, the Contractor shall file wiCh the
Procurement Officer a certified statement as to claims pending against the reguired coverages,
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reserves established on accoimt of such claims, defense costs expended and amounts remaining
on policy limits.
2. [n addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and uon-contributory with
� any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any premiums or for
assessments under any form of policy.
� � c. � Any and all deductibles or self insured retentions in the above-described
insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (IS) days prior to a policy's expiration date except for
any policy expiring on the expiration date of this contract or thereafrer.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or auy other materials
for this contract shall not include Federal Excise Taxes or Colorado State ar local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating�to this contract for a period of three (3) years after
final payment under the contr�ct �nd the Coimty shall have the right within the three (3) year period to
inspec[ and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16.. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin Coimty, Colorado.
17. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be
entided to its costs and reasonable attorney's fees.
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Bud�ct Linc Item# I 18J5.02001.86000
18. Governmental Immuni[v. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presenUy
$15Q000 per person and $600,000 per occurrence) or any other rights, immunities, and p�rotections
provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., :�s from time to
time amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County fo,r any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the Counry or its agent or
employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
herein. No provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin Counry within the meaning of any constitutional or statutory debt
limitation. This contract shall not direcQy or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin Coimty's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin Counry's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin Coimty's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first
class mail, postage prepaid, retum receipt requested addressed as follows:
A. To Pitkin Coimty with copies to:
Dale Will Pitkin County Attorney's Office
� 530 E. Main Street, #302 530 E. Main Street, #302
Aspen, Colorado 8161 1 Aspen, Colorado 816ll
Fax 970) 920-5198 Fax: (970) 920-5198
B. To Contractor:
Peterson Appraisal Company
David E. Peterson
7586 W. Jewell Avenue
Suite 204
Lakewood, Colorado 80232
21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-10] and 102; as amended and C.R.S. § 24-76.5-101, as
amended
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Contranq Z13-2013 Rer.8.3/.11 joa/fs
Budgcl Linc IICmY I 18.75.02001.86000 �d?ol?Im
PUBLIC CONTRACTS FOR SERVICES.CRS §8-f 7.5-101. �Not Applicable lo agreemen�s
relaHng fo!he offer,iss►eance, or sale of securities, lnveslmerit advisory services or fund
�nanagemenl aervices,sportsored projecls,infe�governmental agreemen�s,or information
teclinology services or producls and servicesJ Convactor certifies,wazrants,and agrees that it dces
not knowingly employ or contract with an illegal ulien who will perform work under this contract
and wil!confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract,through participation in the E-Verify Progcam
or the Department program established pursuant to CRS §8-17.5-102(5)(c),Contractor shul!not
knowingly employ or contract with an illegul alien to perform work under this contract or enter into u
contr�ct with u subcontructor that fuils to certify ro Conuactor thut the subcontrnctor shull not
knowingly employ or contruct with an illegnl alien to perform work under this contract.Contractor
(a)shnil not use E-Verify Program or Depnrtment program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b)shall notify the subcontractor
nnd the contrncting Stnte ugency within three duys if Convactor has nctuul knowledge that a
subcontrnctor is employing or contrncting with an illega! ulien for work under this rnntrnct,(c)shall
tecminate the subcontract if u subcontractor dces not stop employing or contracting with the illegul
alien within three days of r�eiving the notice,and(d) shall comply with reazonable requests made in
the course of nn investigutlon, undertaken pursuant to CRS �5-17.5-102(5),by the Colorado
Department of labor and Employment.If Contractor participates in the Department program,
Contrnetor shall deliver to the contrrcting State agency,Instiwtion of Higher Educution or polidcal
subdivision n written,notaziud a�rmation,afPirming that Contractor has examined the legal work
status of such employee,and shall comply with u!1 of the other requirements of the Department
program. If Contmctor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq.,the contrncting State agency,iastimtion of higher education or politicai subdivision may
terminate this contrxt for breach nnd, if so terminated,Contractor shal!be liable for damages.
�UBL1C CONTRAGTS W1TH NA'CURAL PERSONS.CRS 624-765-101.Contracror, if n nntural
person eighteen(I8)yesus of age or older,hereby swears and affimu under penatty of perjury that he
or she(a)is u citizen or otherwise lawfulty present in the United States pursuant to federnl faw,(b)
shall comply with the provisions of CRS §24765-101 et seq.,and(c)has produced one form of
identific�tion required by CRS §2476.5-103 prior to the effective dnte of this convact.
IiV WITIVESS WHEREOF,the parties have executed this contract as of the date first set out herein
above.
CO OR: � „ PITKIlV COUNTY,COLORADO
i CvS
By: � By: -z�t-i3
, Dale � l,Dimctor Date
Title Open Space and Trails
� 7 �S !�
$
Contract#�z a �3-��3 Rev 8.25.l l jau
Budget Line Item # 118.�5;t�a�01'; �Q61f
'� !i5.r1T. ,�.-..� . -.
� - � � PITKIN COUNTY
SOLESOURCEPROCUREMENT
JUSTIFICATION REQUEST
TO: Phylis Mattice, Assistant County Manager � .
DATE: July 23, 2013
FROM:
Proposed Contractor: Peterson Appraisal Company_ Product/Service: Glassier Appraisal
Estimate expenditure for the above service: $8500
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain: 'I�his vendor has specialized knowledge and skills that are necessary for this unique project. "I�his
firm is recognized as experts on appraisal rules that will need to be satisfied to seek Punding
assistance from GOCO, and other public agencies. � They recently completed an appraisal of the
adjacent Saltonstall property and consequently have already completed much of the groundwork
for the Glassier appraisal. 1'his contractor is also able to perform these services within our
demanding timeframe which requires completion by August 30, and is able to begin work as
soon as a contract is completed.
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
�
transaction as a sole source exception to the Pitkin Co Proc re�t Code.
� , ( � �i _ ..
Department I lead Date ion Head`� Date
Approved � Denied Reason for Denial:
�' G � Z � �
Jon Peac k, County Manager Dat
1
, 9
1u�y az,zo�s Aflzz�l�rn��/�-
3/3- ao/3
Pitkin County Open Space and Trails
� % Mr. Dale Will, Director
530 East Main Street, 3rd Floor �
Aspen, Colorado 8161 I
Dear Mr. Will:
Ln accordance with my conversation with you and the information you sent us, I am
submitting this proposal for appraisal services to be rendered by Peterson Appraisal Company on the
Glassier Ranch consisting of approximately 137 acres in Eagle County, Colorado.
The purpose of our report will be to provide an opinion of the market value of [he
unencumbered fee simple interest in the subject property. The funclion or intended use of the
appraisal is to estimate a market value of the subject properry for preparation of a grant Co Great
Outdoors Colorado (GOCO) for the purchase of fee interest in the subject properry.
We will complete a narrative appraisal report on the Glassier Ranch in Eagle County,
Colorado, by August 30, 2013 subject to receipt by us of a copy of this agreemenl signed by you,
authorizing us to proceed, along with a retainer fee as oudined below, and all requested properry
speciPic information. Please realize that this is our best estimate oP the delivery date and may be
subjec� to change because of conditions beyond our controL This estimated delivery date is also
subject to change if the agreement and retainer fee are not received by us within the time period for
acceptance outlined later in this proposal.
The Uniform Standards of Professional Appraisal Practice(USPAP)outline three standards
for appraisal reporting. Accordingly, this appraisal will be developed as outlined in the Scope of
Work below, and will be reported as a Summary Appraisal Report.
Scope of Work
1. The Uniform Standards of Professional Appraisal Practice require that we identify
the client or clients for each assignment, a�d to further identify all intended users of
the appraisals. Accordingly, Eagle County and Pitkin Couaty will be our clients.
Intended users include Pitkin and Eagle Counties, your agents and representatives,
and Great Outdoors Colorado. Lf there needs to be any changes in this information,
it will be your responsibility to notify us.
2. Inspect the subject propeRy to the extent oecessary to understand its characteristics,
iv
7586 W. Jewell Ave., Suite 204 • Lakewood, CO 80232 • �303) 985-751 1 • Fax (303) 985-7543 • peteappr@aol.com
and review title work to be furnished by you to determine any exceptions or
� restrictions on title to the property.
3. Inspect the area surrounding the property to understand factors affecting value iu the
area.
4. Research public records of the subject property to determine acreage, zoning, taxes
and assessments, utilities available, etc.
5. Research county records and other data sources for comparable sales for comparison
with the subject property. Research,inspect,analyze,and confirm comparable sales.
Compare selected sales with the subject property and make adjustments as necessary
to reflect value differences between each sale and the subject property.
6. Employ only the Sales Comparison Approach to value the subject property. The
Income Approach and Cost Approach will not be used unless it is determi�ed during
the appraisal process that these approaches are necessary to provide credible results.
7. The appraisal report will be prepared in conformance with the Uniform Standuds of
Professional Appraisal Practice(USPAP)adopted by the Appraisal Standards Board
of the Appraisal Foundation. It wil] not be prepared in couformance with the
Uniform Standards for Federal Land Acquisitio� (USAFLA or the"Yellow Book")
guidelines.
The appraisal shall be a determination of the market value of this property as of the date of
inspection or the date you specify. Neither an investigation of title nor a survey of lhe property will
be made. Four copies of the report shall be supplied[o you,and additional copies may be purchased
from us for$300.00 each if you so desire.
The fee for our appraisal services shall be $8,500.00. A retainer fee of$5,100.00 shall be
payable with the execution of this agreement The balance due shall be payable upon delivery of the
appraisaL If this agreement is canceled at any time prior to delivery of the appraisa]report,you agree
to pay a fee based on the time expended by t6e appraiser and his staff at the rate of$200.00 per hour
plus expenses incurred to that date. The appraisal Pee and the estimated time for completing this
project are subject to many factors. These quotations are only effective if accepted within three(3)
days of the date of this letter. Scheduling of personnel and 6eld work will be initiated only upon
receipt of the signed contract and the retainer.
It is mumally agreed that our acceptance of this assignment is not contingent upon any
predetermined conclusions of value,marketability,or feasibiliry;the attainmentof a stipulated result;
or a direction in assignment results that favors the cause of our client. In addition, if this appraisal
is to be used for fivancing purposes, payment of the fee shall not be contingent on the closing of the
fina�cing transaction.
In the event that fees are not paid when due, we shall charge interest at the rate of 18% per
annum from the due date until paid, and in addition, receive from you any collection costs incuned,
including atrorney's fees and court costs.
The fee quoted herein is for preparation of the initial appraisal report only, and does not
include court preparation or post-appraisal consultation. We shall not be required to prepare for,
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attend, or testify at any court or admi�istrative hearing, deposition, or post-appraisal consultation
in connection with [his appraisal without additional compensatioa Our fee for court preparation
time, time spent in court or administrative hearings, revisions, and post-appraisal consultatiou is
$300.00 per hour.
As you are aware,due to the fact that a number of factors which may affect valuation cannot
be readily or economically asceRained by the appraiser, certain contingent and limiting conditions
are imposed upon this appraisal assignmenL By acceptance of this contract, you agree with me to
the applicabiliry of those assumptions and limiting conditions, aud agree to accept the appraisal
report subject to the same. A copy of the Contingeot and Limiting Conditions is attached hereto,and
made a part hereof.
The Uniform Standazds for Professional Appraisal Practice (USPAP) requires that prior to
accepting an assignment (and if discovered at any time during the assignment), an appraiser must
disclose to the client aud in the report certification any services regardiog the subject properties
performed by the appraiser within the prior three years, as an appraiser,or in any other capacity,and
any current or prospective interest in the subject properties or the parties iuvolved. By signing this
proposal, I hereby certify that we have no current or prospective interest in these properties or the
pazties involved, and have not performed any services regarding these properties in the last three
years.
We look forward to working with you on this assignment If this proposal meets with your
approval, please sign one copy and return it to us along with the retainer fee. If you have any
questions concerning the agreement please let me know.
Very truly yours,
PETERSON APPRAISAL COMPANY
By: ' �� - %-�
David E. Peterson, AFM, ARA
President
DEP:dmp
ACCEPTED this��!� day of I VL� , 2013.
By: �
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CONTINGENT AND LIMITING CONDITIONS
The appraiser assumes no responsibility for legal matters or co�sequential damages, his
liability in any event being limited to the amount of the professional fee collected. It is assumed that
the property conforms to all applicable codes, ordina�ces, statutes, and/ar any other covenauts or
governmental regulatioos.
U�encumbered fee simple tide is assumed to be held by the owner(s) of record, and the
property is appraised as if without encroachments, typically financed, and under responsible
ownership and competent management.
The appraiser, by rendering his appraisal report, is not offering legal advice or conclusions
of law. The client is advised that legal matters concerning the properry may have a direct bearing
on the value of thc property. lf such legal matters are different than Lhose assumed by the appraiser
and set forth herein,the appraiser's value conclusion may be invalid. Client is advised to retain legal
counsel to advise client regarding the effect, if any, of the assumptions, legal or otherwise, made by
the appraiser, and set forth iu these contingent and limiting conditions.
For thc purposes of this appraisal, the appraiser has assumed that no governmental
regulations, local or federal in nature, are being violated by the property. Further, it is assumed that
the utilization of this repart by the client will no� violate any governmental regulations, ]oca] or
federal, including, but not limited to, any securities regulations.
The analysis and statements contained in the appraisal are statements of opinion only, and
not necessarily the only indication of value or analysis that migh�be obtained on the subject property.
Appraisal opinions by qualified appraisers differ. No warranry or guarantee, express or implied, is
made by the appraiser indicating that his opinion represents the only opinion of dollar value which
might be obtained by the client on the date of valuation.
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Only a visual surface inspection of the property appraised has been made by the appraiser,
unless otherwise instructed by the clienL The appraiscr assumes no liability for damages or]osses
sustained by lhe client for latent or non-apparent defects existing on, below, or above the properry
which may not readily be ascertai��able by a visual surface inspectioa The appraiser assumes that
there are no hidden or unappare�t conditions of the property, sub-soil or structures which would
render it more or less valuable. No responsibiliry is assumed for such conditions ar for engineering
which might be required to discover such factors.
The use of this report is subject to the rcquirements of the American Society of Farm
Managers and Rural Appraisers relating to review by its duly authorized representatives for
compliance with their Code of Ethics and Standards of Professional Practice.
Licluded as an i�tegral part of this appraisal report are maps and sketches of the appraised
property prepared by the appraiser. Although they do not purport to represent survey accuracy, it is
believed they are substantially correct and therefore, adequately serve as a visual reference to the
property.
I�'o[hing in this report should be deemed a certificatio�or guaranty as to the structural and/or
mechanical soundness of die building(s)and[he mechanical systems that relate to the funcuons and
operations of the subject property. Rather, this appraisal assumes functions and operations are
satisfactory, consistent with the age and co�dition of the subject buildiug(s) and associated
mechanical systems, unless otherwise noted.
The appraiser does not have expertise in identifying hazardous materials including but not
limited to: Friable and non-friable asbestos; soil or ground water contamination; polychlorinated
biphenyl contamination; radon levels; or landfill composition. We recommend buyers, lenders or
other parties investigate the possible presence of these and other hazardous materials. The appraiser
reserves the right to revise or amend valuations, opinions, and conclusions if reports subsequent to
the appraisal become known. The appraiser is not liable for such costs incurred in either obtaining
lhe hazardous material reports or amending the appraisal report.
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Data in this report were secured from sources considered reliable and have been verified
insofar as possible;however, lhe appraiser can ncither guarantee nor be responsible for the accuracy
of information furnished by others.
Loss or removal of any part of this report invalidates the entire appraisal.
The appraiser shall not be required to testify or to attend court by reason of this appraisal
unless subsequent written arrangemenls are made, including payme�t of an additional fee for such
services.
Neither all nor any part of this report (especially any conclusions as to value, the identiry of
the appraiser, or the firm which the appraiser is connected) shall be disseminated to the public
through advertising, public relations, news sales, or o[her media without the prior written consent
and approval of the appraisec Client and any third party users agrec that this appraisal consists of
"[rade secrets and commercial or financial information" which is privileged and confidentia] and
excmpt from disdosure u�der 5 U.S.C. 522(b)(4).
Acceptance of, and/or use of, this appraisa] report constitutes acceptance of all of the
� contingent and limiting conditions.
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