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HomeMy WebLinkAbout13940. 13940 RESOLUTION NO A RESOLUTION APPROVING AN AMENED AGREEMENT FOR PROFESSIONAL APPRAISAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND WILLIAMS VALUATION LLC, RELATING TO THE SANTA FE AVENUE STREETSCAPE AT CITY CENTER DRIVE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Williams Valuation, LLC has been selected to provide professional appraisal services for the Santa Fe Avenue Streetscape at City Center Drive Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amended Agreement for Professional Appraisal Services dated April 9, 2018, between the City of Pueblo, a Municipal Corporation, and Williams Valuation, LLC of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the Acting City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $5,750.00 for said professional services shall be paid from Capital Project PL0804. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Resolution and Agreement to implement the policies and procedures described therein. INTRODUCED: April 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-5 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 9, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AN AMENDED AGREEMENT FOR PROFESSIONAL APPRAISAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND WILLIAMS VALUATION LLC, RELATING TO THE SANTA FE AVENUE STREETSCAPE AT CITY CENTER DRIVE PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: An amended agreement is necessary to modify certain terms related to required professional insurance. The Project includes acquisition of private property for right of way is needed for public improvements at the southeast corner of Santa Fe Avenue and City Center Drive. The additional right of way is needed for ADA handicap ramp compliance as part of the Santa Fe Avenue Streetscape at City Center Drive Project. The company of Williams Valuation LLC, Certified CDOT Appraiser will be hired to produce an Eminent Domain – Real Property Appraisal Report. PREVIOUS COUNCIL ACTION: The Pueblo City Council approved an Intergovernmental Agreement with CDOT for the First Street and Santa Fe Avenue Streetscape Project, a CDOT Transportation Enhancement contract, (STE M086-053 16810) dated August 11, 2008 by Ordinance No. 7870. City Council approved Amendment No. 1 on December 16, 2011. A new contract replaced the previous contract and amendment in November 14, 2016 by Ordinance No. 9070. Original Agreement for Appraisal Services was approved by City Council on March 26, 2018 by Resolution No. 13931. BACKGROUND: An amended agreement is necessary to modify certain terms related to required professional insurance.The City of Pueblo completed the final streetscape design for the Santa Fe Avenue Streetscape at City Center Drive Project in December 2017. The design requires additional right of way for the construction of handicap ramps for ADA compliance. The City is required to obtain an appraisal for the acquisition of a portion of private property at the southeast corner at Santa Fe Avenue and City Center Drive. CDOT has agreed to manage the Federal acquisition process since the right of way will be part of CDOT right of way. The appraisal is needed within 30 days of the award so negotiations can be expedited per Federal regulations with the private property owner, Carl’s Jr. Restaurant. FINANCIAL IMPLICATIONS: Funds in the amount of $5,750.00 shall be paid from Capital Project No. PL0804. The cost of the appraisal will be a sole expense of the City and no participation from CDOT will be allowed. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Resolution will result in the delay and cancellation of the Project. RECOMMENDATION: Approve the Resolution. Attachments: Amended Appraisal Agreement Property Description Appraiser Qualifications PERA Form AMENDED AGREEMENT FOR APPRAISAL SERVICES THIS AGREEMENT ("Agreement") is entered into this 9th day of April 2018, by and between PUEBLO, a Municipal Corporation, hereinafter referred to as the "City," and Williams Valuation LLC, hereinafter referred to as the "Appraiser." WITNESSETH THAT: WHEREAS, Appraiser has submitted its bid with respect to City's March 14, 2018 Invitation for Bids("IFB")to provide an Eminent Domain—Real Property Appraisal Report for the east corner of Santa Fe Avenue and City Center Drive for right of way improvements. ("Property"); and WHEREAS, City desires that the Appraiser furnish the City certain services with respect to such Property as set forth in the IFB, including an appraisal of the Property; and WHEREAS, the Appraiser represents that he is fully qualified to perform such services and will furnish such services personally. NOW, THEREFORE, the City and the Appraiser, for the consideration and under the conditions hereinafter set forth, do hereby agree as follows: ARTICLE 1. Property To Be Appraised. A description of the real property to be appraised is attached hereto as Exhibit A. ARTICLE 2. Purpose and Basis or Valuations. (a) Purpose and Significance of Appraisals. The appraisals to be furnished under this Agreement are required by the City for its guidance in making fair and impartial determinations of fair market value consistent with applicable standards and requirements of the Colorado Department of Transportation("CDOT").Appraisal reports will be reviewed carefully by the City. Accordingly,the text of each appraisal report must cover all matters germane to the required valuation findings and must provide a full explanation of the Appraiser's reasoning and his analyses of the evidences of value, so that a reviewer will be able to follow the Appraiser's analyses and understand how he reached his valuation conclusions. Appraisal Standards. The appraisal under this Agreement shall be performed in accordance with applicable CDOT standards including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, and the Uniform Standards of Professional Appraisal Practice. The appraisal shall be consistent with the concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State of Colorado ("State") and applicable CDOT standards. (b) Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the preparation of the report unless the City has specified some other date of valuation. 1 ARTICLE 3. Scope of Appraiser's Services. The Appraiser agrees to perform the following services: (a) Appraise the Property and prepare and deliver to the City, prior to May 11, 2018, two (2) copies of the appraisal report(s)conforming to the provisions of this Agreement. The Appraiser shall personally inspect the Property. (b) If requested by City, testify as an expert witness on behalf of the City in any judicial or administrative proceeding involving any property appraised under this Agreement. Such services shall include such reasonable time as may be required for re-inspection of the property, updating the Appraiser's valuation, participation in pretrial or prehearing conferences with counsel for the City, and testifying in the judicial or administrative proceeding. The compensation for such services shall be determined in accordance with Article 6. (c) Consult with the City and its legal counsel regarding services to be performed by the Appraiser, at such time(s) as may be mutually convenient for the parties to this Agreement. There shall be no charge by any party for such consultations. ARTICLE 4. Contents of Appraisal Reports. The appraisal report to be furnished by the Appraiser under this Agreement shall contain certain information and the Appraiser's conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. The appraisal report shall include the following: (a) Required information as follows: (i). List the project number, project code, and the numbered parcels that are the subject of the appraisal. (ii). State the total compensation estimate and the effective date of value and include a signed and dated certification of value and a statement of assumptions and limiting conditions. For partial acquisitions, show the separate allocation of total compensation for: parts acquired(fee simple and easement), (+) compensable damages, (-) specific benefits (see 4(a)(xiv) below), (+)temporary easement value. (iii). Describe the purpose of the appraisal and the property rights or interests appraised. Describe scope of work to develop the appraisal. (iv). The appraisal shall use the jurisdictional definition of "reasonable market value" described in Colorado Jury Instructions Civil 4th, 36 :3. (v). Identify the subject property(define larger parcel or affected area parcel;relates to highest and best use). (vi). Define and describe the surrounding neighborhood. A regional overview may also be appropriate. (vii). Describe and photograph the subject property (land and any affected improvements) and address pertinent characteristics (land/building size, shape, topography, utilities, access, 2 zoning, condition, functional utility and others as appropriate). Include minimum 5-year subject sales history and analyze as appropriate. (viii). Environmental - address any potential or evident contamination or other negative environmental conditions as appropriate. (viv). Discuss highest and best use(as vacant,and as improved where appropriate).Appraisal conclusions must be consistent with highest and best use. (x). Describe, photograph and discuss comparable land/building sales and rentals. All sales must be confirmed by principal appraiser with buyer and/or seller (statutory CRS 38-1-118). Include sale and rental location maps. Apply appropriate market supported dollar or percentage adjustments, and/or appropriate qualitative adjustments. Cash equivalency must be considered.Describe and support final value correlation from sales and other data analyzed. (xi). Project enhancement/influence. Subject value before project- ignore any positive or negative impact on value caused by the project (other than physical deterioration within the owner's reasonable control). (xii). Value the parts taken(fee simple, easement) as part of the larger parcel or affected area parcel. Describe and photograph fee simple and easement acquisition areas, both land and any affected improvements. Compensation for improvements is at their contributory value (vs. replacement). Separately show contributory value estimate for on-premise signs, billboards and sign sites (typically billboard sites). Include cost estimate to remove/relocate these signs on site, if legal under CDOT or local regulations. (xiii). Tenant-owned realty - separately show the estimated contributory value of tenant- owned realty as part of the property appraised. If required, City will provide a completed Certified Inventory of Real and Personal Property form to be included in the appraisal. (xiv). Estimate remainder value before and after the acquisition. The After valuation may require essentially a complete second appraisal, depending on the nature of the acquisition. However, often less analysis is required to conclude the remainder property value. Here the appraiser must consider any positive or negative impact on value to the subject remainder caused by the project. Damages and/or specific benefits must be supported, and only compensable damages may be included. Specific benefits are to offset up to 100 percent of compensable damages to the remainder, and up to 50 percent of the reasonable market value of the parts taken. (xv).Temporary easement valuation.This is a land rental concept for temporary land use.This should follow at the end of the value/compensation estimate process because a temporary easement is not a taking nor does it permanently affect any part of the property. (xvi). Include in the report appropriate maps, charts, plans, photographs and similar exhibits (r.o.w plans, flood and zoning maps, regulations, appraiser qualifications and similar). 3 (b) Additional information as may be requested by City consistent with scope and purpose of the Appraisal. ARTICLE 5. Nothing in this Agreement is intended to, or shall be deemed to constitute, a partnership or joint venture between the parties, or to create any agency or partner relationship between the parties. Neither party shall hold itself out as a partner, joint venture, agent, or representative of the other under this Agreement. Appraiser understands and agrees that Appraiser and Appraiser's employees, agents, servants or other personnel are not employees of the City. Appraiser shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits and any other form of compensation or benefit to Appraiser or any of Appraiser's employees, agents, servants or other personnel performing the service or work or supplying equipment or materials specified herein, whether it be of a direct or indirect nature. It is expressly understood and agreed that for such purposes neither Appraiser nor Appraiser's employees, agents, servants, subcontractors or other personnel shall be entitled to any payroll, insurance, unemployment, worker's compensation, retirement or any other benefits whatsoever from the City. ARTICLE 6. Payment. In consideration of the services provided by the Appraiser under this Agreement, the City agrees to make payments to the Appraiser upon the submission to the City of properly certified invoices, as follows: (a) For appraisal reports accepted by the City, and for all other services furnished in accordance with Article 3, except services furnished in connection with judicial proceedings under Paragraph 3(b), a fee of$5,750.00 which shall constitute full payment to the Appraiser for all of such services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in connection with the performance of such services. (b) For services furnished by the Appraiser in connection with judicial proceedings as provided in Paragraph 3(b) including services as an expert witness in such a proceeding, $175.00 per hour or fraction of an hour actually engaged in performing the services, excluding travel time. All expenses of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser. ARTICLE 7. Agreements of Appraiser. As an inducement to the execution of this Agreement by the City and in consideration of the agreements to be performed by the City, the Appraiser agrees that: (a) Qualifications. The Appraiser is a CDOT qualified appraiser and is qualified to perform the services to be furnished under this Agreement and in accordance with all requirements set forth in the IFB. Appraiser is permitted by law to perform such services, and all personnel engaged in the work shall be qualified and so permitted to do the work they perform. Attached as Exhibit B, is a statement by the Appraiser, certified by the Appraiser to be true and correct, setting forth the Appraiser's technical qualifications, general appraisal experience, specific experience in appraising properties of the type involved in this Agreement, the courts in which he has testified as an expert witness, and other information pertinent to establishing his technical qualifications. (b) Solicitation of Agreement. The Appraiser has not employed any person to solicit this Agreement and has not made and will not make any payment or any agreement for the payment of 4 any commission,percentage,brokerage,contingent fee,or other compensation in connection with the procurement of this Agreement. (c) Interest of Appraiser and Appraiser's Employees. The Appraiser does not have any interest (including that of real estate agent or broker), direct or indirect,present or prospective, in any property described in Article I or in its sale, or any other interest, whether or not in connection with the property, which would conflict in any manner or degree with the performance of the services and the submission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished under this Agreement, any person having any such interest. The Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interests and will not, for their own account or for other than the City, negotiate for any of the property, perform services in connection with the property, or testify voluntarily as a witness in a condemnation or other proceeding with respect to the property. (d) Services To Be Confidential. All services, including reports, opinions, and information,to be furnished under this Agreement are confidential and shall not be divulged, in whole or in part by Appraiser, to any person, other than to duly authorized representatives of the City or designated representatives of CDOT, without prior written approval of the City, except by testimony under oath in a judicial proceeding or as otherwise required by law. The Appraiser shall take all necessary steps to ensure that no member of the Appraiser's staff or organization divulges any such information except as may be required by law. (e) Assignment. The Appraiser's rights, obligations, and duties under this Agreement shall not be assigned in whole or in part, but this shall not prohibit the assignment of the proceeds due under this Agreement to a bank or financial institution. This Agreement may be assigned by the City to any corporation, or instrumentality having authority to accept the assignment. (f) Subcontracting. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the City. (g) Records. The Appraiser shall maintain records of all details with respect to the services to be performed under this Agreement, including one complete copy of the appraisal report and related notes, for three (3) years after delivering the report. ARTICLE 8. Changes. The City, by written notice to the Appraiser, may modify the scope or quantity of services to be furnished under this Agreement. If such changes cause a substantial increase or decrease in the amount of services to be provided by the Appraiser or in the time required for their performance so as to amount to a material change in this Agreement, equitable adjustment may be made in the provisions of this Agreement for payments to the Appraiser or for the time for performance of the services or for both, and this Agreement shall be modified by written agreement of the parties accordingly. ARTICLE 9. Termination of Agreement for Cause. If,through any cause, the Appraiser shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Appraiser shall violate any of the provisions of this Agreement, the City may upon written notice to the Appraiser terminate the right of the Appraiser to proceed under this Agreement or with such part or parts of the Agreement as to which there has been default, and may hold the Appraiser liable for any damages 5 caused to the City by reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this Agreement shall, at the option of the City, become the City's property and the Appraiser shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Appraiser, however, shall not thereby be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Appraiser, and the City may withhold any payments from the Appraiser for the purpose of setoff until such time as the amount of damages due the City from the Appraiser is determined. ARTICLE 10. Interest of Members of City. No officer or employee of the City shall participate in any decision relative to this Agreement affecting, directly, or indirectly, his or her personal interests. No officer, agent or employee of the City having any responsibility or function in connection with this Agreement shall have any private interest, direct or indirect, in this Agreement or the proceeds of this Agreement. ARTICLE 11. PERA LIABILITY. The Appraiser shall reimburse the City for the full amount of any employer contribution required to be paid by the City to the Public Employees' Retirement Association("PERA")for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Appraiser shall fill out the questionnaire attached as Exhibit"C"and submit the completed form to City as part of the signed Agreement. ARTICLE 12. State-Imposed Mandates Prohibiting Illegal Aliens from Performing Work Under this Contract. (a) At or prior to the time for execution of this Agreement (referred to as "Contract" in this Article 12),the Appraiser(which is referred to as"Contractor" in this Article 12) shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the E-Verify Program" created in Public Law 208, 104th Congress, as amended and expanded in Public law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program"established pursuant to section 8-17.5-102(5)(c), C.R.S.that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (II) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state-imposed requirements apply to this Contract: 6 (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E-Verify Program or Department Program. (II) The Contractor is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien;except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as CDLE) made in the course of an investigation that CDLE is undertaking pursuant to its authority under section 8-17.5-102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E-Verify Program. ARTICLE 13. Insurance and Indemnity. (a) Appraiser agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, if applicable,claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees, if applicable. (b) The minimum insurance coverage which Appraiser shall obtain and keep in force is as follows: 7 (i) Policy of errors and omissions insurance meeting all applicable requirements of the State of Colorado including coverage amounts not less than $100,000 coverage per claim with an aggregate limit of not less than $300,000 per individual. (iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed,written with limits of liability for injury to one person in any single occurrence of not less than $100,000 and for any injury to two or more persons in any single occurrence of not less than $300,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Appraiser from any and all claims arising from the use both on and off the pipeline project site of motor vehicles,including any automobiles,trucks,tractors,backhoes and similar equipment whether owned, leased, hired or used by Appraiser. (c) Appraiser agrees to hold harmless, defend and indemnify City from and against any liability to third parties, arising out of negligent acts or omissions of Appraiser, its employees, subcontractors and consultants. IN WITNESS WHEREOF, the City and the Appraiser have executed this Agreement on or as of the date first above written. CITY OF PUEB e •� UNICIPAL APPRAISER , CORPORAT . / �' � / Name: L/ i li/ BZ'' .'° .11 °Pj/ B ,/i9/6/a/44/K3 t.tWopher A.Nicoll, Presi rent of the City Council Title: 690t//P/ Attest --&-ri CL4 (-)L-1--114-C-- Brenda Armijo,Acting City Clerk' [SEAL] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of Finance APPROVED AS TO FORM: >-‘4/1A-'4' '4 ' k<70 r.a-( 1--- City Attorney 8 JR ENGINEERING EXHIBIT A RIGHT-OF-WAY ACQUISITION NO.2 DESCRIPTION RW-2 A PARCEL OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED UNDER RECEPTION NO.205473 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER,ALSO BEING A PORTION OF LOTS 7 AND 8,BAXTER'S SUBDIVISION RECORDED IN BOOK 52 AT PAGE 423,LOCATED IN NORTHWEST ONE-QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH,RANGE 64 WEST OF THE 6T11 PRINCIPAL MERIDIAN,COUNTY OF PUEBLO, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE 30'RANGE LINE OF SANTA FE AVENUE AS SHOWN ON THE PUEBLO CENTER SUBDIVISION, FILING NO.3 RECORDED UNDER RECEPTION NO. 1073035 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, BEING MONUMENTED BY A NAIL AND SHINER STAMPED ILLEGIBLE AT THE NORTHERLY END AND A PK NAIL AT THE SOUTHERLY END,BEING ASSUMED TO BEAR N00°00'50"W. COMMENCING AT THE NORTHERLY END OF THE 30'RANGE LINE OF SANTA FE AVENUE AS SHOWN ON THE PUEBLO CENTER SUBDIVISION,FILING NO.3 RECORDED UNDER RECEPTION NO. 1073035 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER; THENCE ON SAID 30'RANGE LINE,S00°00'50"E A DISTANCE OF 59.97 FEET; THENCE DEPARTING SAID RANGE LINE,N89°59'10"E A DISTANCE OF 70.00 FEET TO THE SOUTHWESTERLY CORNER OF THE RIGHT-OF-WAY ACQUISITION RECORDED IN BOOK 2156 AT PAGE 478,SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE ON THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY ACQUISITION,N45°01'41"E A DISTANCE OF 14.13 FEET,TO THE NORTHEASTERLY CORNER OF SAID RIGHT-OF-WAY ACQUISITION; THENCE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CITY CENTER DRIVE,S89°55'49"E A DISTANCE OF 18.31 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1. S00°04'11"W A DISTANCE OF 5.74 FEET; 2. S46°57'24"W A DISTANCE OF 38.72 FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SANTA FE AVENUE; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE,N00°00'50"W A DISTANCE OF 22.21 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 487 SQUARE FEET OR 0.0112 ACRES. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. PROPERTY DESCRIPTION STATEMENT I,JARROD ADAMS,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF,ARE CORRECT JARROD ADAMS,PROFESSIONAL LAND SURVEYOR COLORADO NO.38252 ,,,-� 38252 FOR AND ON BEHALF OF JR ENGINEERING,LLC f� /2-12 / 7200 S Alton Way.Sue 0410,Cculenniik CO SOf 12 J01-,40-0191•Ian..101-721 9019•www.ircngi nc°ring com 12/12/2017 X:12500000.all\25044001Ward\Le9als\2504400•LX02•ROW.doc SHEET I OF 2 RI-COVERED . NAIL AND 5t/INLR STAMPED. ILLEGIBLE —-If, POINT OF COMMENCEMENT CITY CENTER DRIVE (80 R ) / .1 , 589'55'49"E ' 18.31' POINT OF BEGINNING •,1,• N. 500'04'11"W _ 574' ir a x•iN of° NO0'00.50"W c, 22.21' Iii Z Z L ' la < >LJ m ¢ t, 111 o o.1- VI C‘Vjt in oc--) 05. '1< 17) Z 0 et LI3 • ;INA, AI • " "I k T., T 11 TAC 4//‘ ' eliW IR ENGINEERING AN!, A W.A..COAOMA PO,j1CT - 3,14 tst, 41 ItV Z; Cdns 03-431-9ffil•wmgenaneargam Exhibit B Appraiser Qualifications Alan L. Williams, MAI Certification- Certified General Appraiser,State of Colorado#CG1823. Expires 12/31/2019 Experience- Williams Valuation, 2008 to present President, Commercial Appraiser IJ Hill Appraisal Services,2008 Commercial Appraiser CB Richard Ellis, Inc, Valuation and Advisory Services,2007 to 2008 Senior Real Estate Analyst Williams Appraisal, LLC,2001 to 2007 Proprietor;Properties appraised:commercial, industrial, multifamily,farm&ranch Colorado Realty Reports, Inc., 1997 to 2001 Commercial Appraiser;Properties appraised:commercial, industrial,farm&ranch. Alan L. Williams Appraisal Service, 1989 to 1997 Proprietor;Properties appraised include commercial, industrial,farm& ranch, residential Webb& Company, 1985 to 1989 Staff Appraiser;Properties appraised:residential, commercial, industrial,farm&ranch Education- University of Southern Colorado-BS, Business Administration, 1988 Appraisal Institute: All required coursework for the MAI Designation The Appraiser as an Expert Witness:Preparation and Testimony, 2010 Litigation Appraising:Specialized Topics and Applications, 2010 Condemnation Appraising:Principles&Applications,2010 Various Seminars presented by The Appraisal Institute and others. Professional Affiliations- Appraisal Institute MAI Designation Continuing Education- Participant in continuing education seminars/courses of the Appraisal Institute. Current in continuing education requirements for the State of Colorado& the Appraisal Institute. Clients- Federal&State Agencies Colorado State& Local Governments National& Local Banks Individuals&Attorneys National Mortgage Banking Firms HUD/FHA Approved Multifamily Appraiser (Partial Client List on Following Page) A .! LL Valuation .Appraiser. For What It's Worth! Exhibit B Current Certificate Y Alen I.WA r State of Colorado 41/4DOR A 1037 W Donal S.9.Dr Department of Regulatory Agencies 1 Pueblo West,CO 91007 Division of Real Estate V Board of P. I Estate Appraisers ---)1401fdoLice G.000001823 Appr sor Active Director:Marcia Waters Exp : 12/312019 For the most up to date information regarding this credential,visit http://dora.colorado.gov/dre Partial Client List 1st National Bank of Canon City Fellowship Credit Union So. Colo.Economic Development Dist. 1st National Bank-Colorado First National Bank of Fowler HUD Multifamily Lending 1st National Bank of Lamar First National Bank of Las Animas HUD Rent Comparability Studies 1st National Bank of Walsenburg First Republic Bank Colo Housing And Finance Authority Academy Bank Frontier Bank Colorado Springs Housing Authority Aegon USA Guaranty Bank& Trust Pueblo Housing Authority Alpha Realty Advisors Gunnison Bank& Trust Tri County Housing American Bank of Commerce High Plains Bank Small Business Administration ANB Bank Interbay Funding Federal Deposit Insurance Corporation AmFirst Bank Kiowa County National Bank Resolution Trust Corporation Arcus Private Capital Solutions La Junta State Bank US Marshall Bankers Bank of the West Legacy Bank USDA Rural Development Bank One Love Funding Alamosa School District Bank Midwest Midland Mortgage City of Alamosa Bank West NBH Holdings City of Lamar Bank of the West Northland Financial City of Pueblo California Bank& Trust Pacific Finance Corp Colorado State Parks Canon National Bank PCV Murcor Colorado Division of Wildlife Castle Rock Bank Peoples National Bank Colorado Dept.of Transportation Centennial Bank Holdings Pueblo Bank& Trust Colorado State Land Board Christian Investors Foundation Peoples Credit Union Fremont County Sanitation Citizens Bank Parkway Bank& Trust Pueblo West Metro District Colorado Bank& Trust Pueblo Bank& Trust Pueblo Conservancy District Colorado East Bank& Trust Premier Mortgage Pueblo County Road& Bridge Community State Bank State Bank of La Junta Colorado State University-Pueblo Community Banks of Colorado Sunflower Bank Ch.of Jesus Christ of Latter-Day Saints Community Banks of So. Colorado US Bank Holy Cross Abbey EF&A Funding US Property&Appraisal Sutrak USA Farmland Partners TD Bank,N.A. Neoplan USA Fifth Third Bank Valley National Bank Flatirons Construction First Bank Vectra Bank Rocky Mountain Steel Mills First Community Bank Wachovia Small Business Capital Various Attorneys First National Bank of Pueblo WMF/Huntoon Paige Private Individuals First National Bank of Trinidad Zions National Bank Private Entities h • 4001111016*, .! it Valuation Appraiser. For What ler Worth! EXHIBIT C COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment, engagement,retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements,is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no".) (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business: (c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed ,20 By: Name: Title: For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 1