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HomeMy WebLinkAboutRESPONSE - RFP - 7424 APPRAISAL SERVICES (2)August 22, 2012 James B. O'Neill II, FNIGP, CPPO Director of Purchasing and Risk Management City of Fort Collins Post Office Box 580 Fort Collins, Colorado 80522-0580 RE: Request for Proposal - 7424 Appraisal Services Dear Mr. O'Neill: I am writing in response to the Request for Proposal for 7424 Appraisal Services. The proposal will be valid for a period of not less than ninety (90) days from the date of receipt. Company History The proposed team to perform eminent domain real estate appraisal services includes W. West Foster, MAI, CRE, SWWA; Sue Anne Foster, MAI, SRA; Jon Vaughan, MAI, SR/WA; Christine Antonio, SR/WA; and Mike Smith, all of whom are employed as full-time real estate appraisers at Foster Valuation Company LLC. All of the appraisers are Certified General Appraisers licensed in the State of Colorado, and four of the appraisers are International Right of Way Association members. In addition, we have two support staff, Marla Miller and Wendy Overcash, who have been with the firm for a number of years. W. West Foster has been active in the real estate appraisal profession since 1976, specializing in rural and income property valuation and counseling. He holds the MAI designation awarded by the American Institute of Real Estate Appraisers (now the Appraisal Institute), the CRE designation awarded by The Counselors of Real Estate, and the SR/WA designation awarded by the International Right of Way Association. W. West Foster has been active nationally in the American Institute of Real Estate Appraisers and then in the Appraisal Institute from the early 1980s. Sue Anne Foster has been active in the real estate appraisal profession since 1983, specializing in income property valuation and counseling. She holds the MAI and SRA designations awarded by the American Institute of Real Estate W. West Foster, MAI, CRE, SR/WA • Sue Anne Foster, MAI, SRA Jon M. Vaughan, MAI, SR/WA • Christine M. Antonio, SR/WA • Michael A. Smith Certified General Real Estate Appraisers • 910 54th Avenue, Suite 210, Greeley, Colorado 80634 Phone (970) 352-1117 4 FAX (970) 353-2753 QUALIFICATIONS OF W. WEST FOSTER Education M.S. Degree in Regional Economics, Colorado State University. B.S. Degree in General Business, Colorado State University. All of the basic courses required for the MAI designation given by the American Institute of Real Estate Appraisers; Course III (Rural Properties); Course IV (Litigation Valuation); Course VI (Real Estate Investment Analysis); Course VII (Industrial Valuation); Course 520 (Highest and Best Use and Market Analysis); Course 550 (Advanced Applications); and all Litigation courses offered in the Professional Development Program. This partial list of courses was all given by the Appraisal Institute or its predecessor organizations. Principles of Real Estate Engineering, The Appraisal of Partial Acquisitions, and several relocation courses, given by the International Right of Way Association. Management and Leasing of Shopping Centers, by the Institute of Real Estate Management. Advanced Ranch Appraisal, by the American Society of Farm Managers and Rural Appraisers. Seminars: Computer -Enhanced Cash Flow Modeling, Subdivision Appraisal, Uniform Appraisal Standards for Federal Land Acquisitions, plus numerous real estate seminars given by the American Institute of Real Estate Appraisers and later by the Appraisal Institute. Memberships and Designations Appraisal Institute: Designated Member (MAI) 1982 to 1986 - National Division of Curriculum 1986 to 1987 - National committee to write The Appraisal of Real Estate, 9th Edition 1987 to 1991 - Board of Examiners, General Demonstration Appraisal Reports 1987 to 1994 - Regional Member, Review and Counseling Division 1991 to 1994 - Regional Representative, Region 11 1992 to 2008 - Contributor to The Appraisal of Real Estate, 10'h through 131h Editions 1995 - National Vice Chair, Review and Counseling Division 1995 - Vice Chair, Region 11 and National Board of Directors 1996 to 1997 - Chair, Region II and National Board of Directors 1996 - National Chair, Ethics Administration Division 1997 to 2008 - National Chair, Professional Ethics and Counseling Committee American Society of Real Estate Counselors: Counselor of Real Estate (CRE) 1994 - Vice Chair, Colorado Chapter 1995 - Chair, Colorado Chapter International Right of Way Association: Senior Right of Way Professional (SR/WA) Northern Colorado Commercial Association of Realtors Certified General Real Estate Appraiser: State of Colorado, #CG00001795 Professional Experience Foster Valuation Company: Fee Appraiser, April 1981 to present, specializing in valuation and counseling with respect to a variety of nonresidential properties. Robert J. Mitchell, MAI, & Associates: Fee Appraiser, March 1976 to March 1981, specializing in rural and income property valuation. Qualified in District and Federal Courts as an Expert Valuation Witness. QUALIFICATIONS OF SUE ANNE FOSTER Education B.S. Degree, University of Wyoming Certificate of Real Estate Achievement, University of Colorado All of the basic courses required for the MAI designation given by the American Institute of Real Estate Appraisers. Advanced Applications; Condemnation Appraising; The Appraiser as an Expert Witness; Litigation Appraising; Computer Enhanced Cash Flow Modeling; Standards of Professional Practice, all given by the Appraisal Institute or its predecessor organization. Easement Valuation given by the International Right of Way Association. Seminars: Uniform Appraisal Standards for Federal Land Acquisitions; Fair Lending and the Appraiser, Subdivision Appraisal, Appraising Distressed Commercial Real Estate; plus numerous additional real estate seminars given by the Appraisal Institute. Real Estate Appraisal 1, University of Colorado. Memberships and Designations Appraisal Institute: Designated Member (MAI and SRA) 1989 to 1990 - National Board of Examiners: Residential Appraisal Reports Subcommittee, Co -Vice -Chairman 1987 to 1995 - Regional Professional Standards Panel Member 1986 to 1995 - Admissions Committee for the Colorado Chapter 1987 to present - National Residential Demonstration Report Grader 1991 to 2005 - National Demonstration Report Subcommittee Member 1994 to 1997 - Regional Representative, Region 11 1995 to 1997 - Regional Member, Review and Counseling Division 1997 to 2000 - Assistant Regional Member, Ethics Administration Division 1998 to 2002 - Board of Directors for the Colorado Chapter 2002 to 2005 - Regional Representative, Region 11 2002 to 2003 - National Demonstration Reports Subcommittee, Vice Chair 2003 to 2005 - National Demonstration Reports Subcommittee, Chair 2003 to 2005 - National Admissions Committee 2005 to 2008 - National Education Committee 2007 to 2012 - Board of Directors for the Colorado Chapter International Right of Way Association Greeley Board of Realtors, Colorado Association of Real Estate Boards, and National Association of Realtors. Certified General Appraiser: State of Colorado, #CG01313586. Professional Experience Foster Valuation Company: Fee Appraiser, August 1984 to present, specializing in valuation and counseling with respect to a variety of nonresidential properties. Wheeler Realty Company: Fee Appraiser, January 1983 through August 1984. Licensed Real Estate Broker: State of Colorado. QUALIFICATIONS OF JON VAUGHAN Education B.S. Degree in Business Administration with concentrations in Finance and Real Estate, Colorado State University, 2003. Appraisal Institute Courses • Course 120, Appraisal Procedures • Course 310, Basic Income Capitalization • Course 410, Standards of Professional Appraisal Practice • Course 420, Business Practices and Ethics • Course 510, Advanced Income Capitalization • Course 520, Highest & Best Use and Market Analysis • Course 530, Advanced Sales Comparison and Cost Approaches • Course 540, Report Writing and Valuation Analysis • Course 550, Advanced Applications • Course 797. Valuation of Conservation Easements • Numerous seminars on topics including subdivision analysis, appraisal review, water rights, and energy efficiency. American Society of Farm Managers and Rural Appraisers Courses Appraising Conservation Easements and Case Studies International Right of Way Association Courses • General: Principles of Land Acquisition, Ethics and the Right of Way Profession • Negotiations: Principles of Real Estate Negotiation, Bargaining Negotiations Practical Negotiations for U.S. Federally Funded Land Acquisition, and Conflict Management • Appraisal: Easement Valuation, Reviewing Appraisals in Eminent Domain, and Valuation of Environmentally Contaminated Real Estate • Environmental: Understanding Environmental Contamination in Real Estate • Property Management: Property Management - Leasing • Real Estate Law: Principals of Real Estate Law, Legal Aspects of Easements, Eminent Domain Law Basics • Engineering: Engineering Plan Development and Application, Property Descriptions Memberships and Designations Appraisal Institute: Designated Member (MAI) International Right of Way Association: Senior Right of Way Professional (SR/WA) Certified General Real Estate Appraiser: State of Colorado, #CG 100000631 Professional Experience Foster Valuation Company: Fee Appraiser, May 2003 to present Foster Valuation Company LLC Pagel QUALIFICATIONS OF CHRISTINE ANTONIO Education B.S. Degree in Business Administration with concentrations in Finance and Real Estate, Colorado State University, 2006 Appraisal Institute Courses: Basic Appraisal Principles Basic Appraisal Procedures Basic Income Capitalization Sales Comparison Valuation of Small, Mixed -Use Properties General Appraiser Sales Comparison Approach General Appraiser Income Approach Part l and Part 2 Standards of Professional Appraisal Practice Part A Business Practices and Ethics Real Estate Finance, Statistics, and Valuation Modeling General Appraiser Site Valuation and Cost Approach General Appraiser Report Writing and Case Studies General Appraiser Market Analysis and Highest and Best Use Appraising from Blueprints and Specifications International Right of Way Association Courses: The Appraisal of Partial Acquisitions Legal Aspects of Easements Eminent Domain Law Basics for Right of Way Professionals Engineering Plan Development and Application Property Descriptions Principles of Land Acquisition Principles of Real Estate Law Practical Negotiations for U.S. Federal Funded Land Acquisitions Easement Valuation Bargaining Negotiations Ethics and the Right of Way Profession Principles of Real Estate Negotiation Memberships and Designations Appraisal Institute: Associate Member International Right of Way Association: Member Certified General Real Estate Appraiser: State of Colorado, #CG 100031897 Professional Experience Foster Valuation Company: Fee Appraiser, July 2006 - Present QUALIFICATIONS OF MICHAEL SMITH Education B.S. Degree in Business Administration with concentrations in Real Estate Finance, and Commercial Real Estate, Colorado State University, 2007 Appraisal Principles: Colorado State University Real Estate Principles: Colorado State University Market Analysis: Colorado State University Real Estate Marketing and Brokerage: Colorado State University Real Estate Investment and Analysis: Colorado State University 15-Hour National USPAP Course: Appraisal Institute Business Practices and Ethics: Appraisal Institute Basic Appraisal Principles: Appraisal Institute Basic Appraisal Procedures: Appraisal Institute General Appraisal Income Approach/ Part 1: Appraisal Institute General Appraisal Income Approach/ Part II: Appraisal Institute General Sales Comparison Approach: Appraisal Institute Real Estate Finance, Statistics, and Valuation Modeling: Appraisal Institute General Appraiser Report Writing and Case Studies: Appraisal Institute General Appraiser Market Analysis and Highest and Best Use: Appraisal Institute General Appraiser Site Valuation and Cost Approach: Appraisal Institute Memberships and Designations Certified General Real Estate Appraiser: State of Colorado, #CG100036005 Appraisal Institute: Associate Member Alpha Sigma Gamma: Real Estate Honor Society Professional Experience Foster Valuation Company: Associate, August 2008 - Present Smith Investments: Acquisition Analysis, December, 2006 - August, 2008 EXHIBIT B PUBLICATIONS AND TESTOMONY RECORD August 22, 2012 James B. O'Neill, FNIGP, CPPO Director of Purchasing and Risk Management City of Fort Collins Post Office Box 580 Fort Collins, Colorado 80522-0580 RE: Request for Proposal - 7424 Appraisal Services Dear Mr. O'Neill: The following is a list of publications authored by me, as well as a listing of cases in which I have testified as an expert at trial or by deposition. Publications Special Use Valuation for Farm Properties (Chicago: American Institute of Real Estate Appraisers, July 1982) - I authored an article in The Appraisal Journal that dealt with estate planning issues as they apply to farm properties that the heirs desire to keep in the family. The Appraisal of Rural Property (Chicago: American Institute of Real Estate Appraisers, 1983) - I was one of the authors of official text prepared by the American Institute of Real Estate Appraisers. I was one of a committee of three who rewrote the rural appraisal course being taught at that time by the American Institute of Real Estate Appraisers. The Appraisal of Real Estate, 9th Edition (Chicago: American Institute of Real Estate Appraisers, 1987) - I was one of the five or six members of the committee to rewrite the Appraisal of Real Estate. The Appraisal of Real Estate, 10th Edition (Chicago: Appraisal Institute, 1992) - I was one of the authors of the official text prepared by the Appraisal Institute and was responsible for the text's reorganization and the manner in which the chapters were presented. The Appraisal of Real Estate, 1 Ith Edition (Chicago: Appraisal Institute, 1996) - As in the loth Edition, I was one of the authors. I was specifically W. West Foster, MAI, CRE, SR/WA • Sue Anne Foster, MAI, SRA Jon M. Vaughan, MAI, SR/WA + Christine M. Antonio, SR/WA + Michael A. Smith Certified General Real Estate Appraisers 0 910 541h Avenue, Suite 210. Greeley. Colorado 80634 Phone (970) 352-1117 • FAX (970) 353-2753 James B. O'Neill, FNIGP, CPPO Page 2 August 22, 2012 involved in rewriting the Sales Comparison Approach and providing some of the examples. The Appraisal of Real Estate, 12`h Edition (Chicago: Appraisal Institute, 2001) - As in the 10`h and I I'h Editions, I was one of the authors. I was charged with rewriting the Highest and Best Use chapter and also revised the Sales Comparison Approach by providing more examples. The Appraisal of Real Estate, 13'h Edition (Chicago: Appraisal Institute, 2008) - As in the 10`h, 11`h, and 121h Editions, I was one of the authors. I was charged with making some revisions to the three sales comparison approach chapters and provided more examples. Applications in Litigation Valuation (Chicago: Appraisal Institute, 2012) - I was charged with reviewing each of the case studies included in the text. Expert Witness Kodak v. Weld County, Weld County District Court, July 1993. This case involved a tax appeal, which required an appraisal of Eastman Kodak's 3,175,091 square feet of office, manufacturing, and distribution facilities on their campus located in Windsor, Colorado. I testified on behalf of Weld County with Max J. Derbes, Jr. WRB-WEST Associates v. Madison Addition Investments Limited Partnership, Bozeman, Gallatin County District Court, August 1993, No. DV-91-50. This case was in regard to an appraisal prepared a few years earlier of 200 lots plus small acreages in a residential subdivision, Madison Addition to West Yellowstone, Montana. I testified in Federal Bankruptcy Court in Butte, Montana on behalf of the Resolution Trust Corporation. Northern Colorado Water Conservancy District v. Daniel L. Ochsner, et al. Weld County District Court, Case No. 95-CV-367. This case involved a partial taking for an underground water pipeline. I represented the property owner and testified before a commission in Weld County District Court. James B. O'Neill, FNIGP, CPPO Page 3 August 22, 2012 Coulson Farm v. Greeley -Weld County Airport Authority, Weld County, Weld County District Court, July 1998, No. 96-CV-3831. This case involved a partial taking of irrigated farmland for the construction of a runway. I represented the property owner and testified in Weld County District Court. Brush Grocery Kart v. Sure Fine Market, Inc., Brush, Morgan County District Court, January 2000, No. 97-CV-90, Division D. This case involved dispute resolution relating to a buy -sell agreement. The property consisted of a former grocery store in Brush, Colorado. I represented the Brush Grocery Kart owners and testified in Morgan County District Court. Storage Technology Corporation v. Boulder County Board of Equalization, Colorado Board of Assessment Appeals, November 2000, Docket No. 36725. This case involved an assessment appeal and involved the 1.67 million -square -foot StorageTek facility in Louisville, Colorado. I testified before the Colorado Board of Assessment Appeals on behalf of Bolder County. City of Loveland v. Bradley D. and Russell H. Morgan, and Charles Woodward as treasurer of Larimer County, Latimer County District Court, July 2001, No. 00-CV-120. This involved a parcel of commercially zoned land in the western part of Loveland, Colorado through which Loveland officials installed utilities without the consent of the property owner. A deposition was given on behalf of the property owner on July 24, 2001. The case was settled and did not go to court. Public Service Company of Colorado v. Johnson, et al., Case No. 01-CV- 569. This involved the preparation of a rebuttal report for the attorneys representing Public Company of Colorado in their partial acquisition of about 160 acres out of a full 640-acre section for a natural gas compressor station. Expert testimony was given on behalf of Public Company of Colorado in the District Court of Weld County, Division 1, on November 15, 2002. James B. O'Neill, FNIGP, CPPO Page 4 August 22, 2012 City of Greeley v. J. B. Investments and Charles Woodward as treasurer of Larimer County, Larimer County District Court, Case Number 01-CV- 526. This involved a vacant tract of industrially zoned land needed for the expansion of the City of Greeley's water treatment plant south of Boyd Lake in Loveland, Colorado. A deposition was given on behalf of the City of Greeley on December 17, 2002. The case was settled and did not go to court. K & J Properties, Inc., Indian Creek Investments LLC, Y & B Properties, LLC, Federal Bankruptcy Court, Denver, Colorado, Case No. 02- 26975 ABC, Chapter 11. The case involved an appraisal prepared on the 1,545.05-acre Indian Creek Ranch in Larimer County, Colorado. My testimony was given on behalf of the three debtors on May 6, 2003. The case was ultimately resolved on the basis of my testimony. Department of Transportation, State of Colorado v. Brian Schillinger and Alisa Schillinger, Case Number 03-CV-878. This case involved a partial taking of a residential acreage for the widening of Interstate 25. A deposition was given on behalf of the Colorado Department of Transportation on January 7, 2005. The case was settled and did not go to court. Public Service Company of Colorado v. Ocon Group, Case Number 05- CV-1319. This case involved a complete taking of light industrial site for the Berthoud Substation. A deposition was given on behalf of Public Service Company of Colorado on June 13, 2006. A three-day trial before a three -member commission commenced on August 2, 2006, during which I testified with respect to value for a complete acquisition on behalf of Public Service Company of Colorado. Overland Pass Pipeline v. Brophy, Yuma County District, Court Case Number 07-CV-07; Overland Pass Pipeline v. Hickman, Yuma County District Court, Case Number 07-CV-09; and Overland Pass Pipeline v. Blach, Yuma County District Court, Case Number 07-CV-10. These cases involved a partial acquisition for the installation of a natural gas pipeline within a new easement to be installed mostly parallel to an existing natural gas pipeline easement. Testimony was given on behalf James B. O'Neill, FNIGP, CPPO Page 2 August 22, 2012 Appraisers (now the Appraisal Institute). She has passed the comprehensive exam for the SR/WA designation awarded by the International Right of Way Association, but has not completed all of the educational requirements. Sue Anne Foster has also been active nationally in the American Institute of Real Estate Appraisers and then in the Appraisal Institute from the mid- 1980s. Jon Vaughan has been active in the real estate appraisal profession since graduating from Colorado State University in 2003, specializing in income property valuation and counseling. He is a Designated Member (MAI) of the Appraisal Institute and holds the Senior Right of Way Professional (SR/WA) from the International Right of Way Association. Christy Antonio has been active in the real estate appraisal profession since graduating from Colorado State University in 2006, specializing in income property valuation and counseling. She holds the SR/WA designation awarded by the International Right of Way Association. One -page qualification sheets designed to be included in our appraisal reports for each individual appraiser are attached as Exhibit A. References W. West Foster and Christine Antonio completed 38 eminent domain appraisals for Xcel Energy officials during 2009 and 2010 on the Chambers 230/115kV electric transmission line project that extended from Interstate 225 eastward to Piccadilly Road. Keary Hallick, SR/WA, was the project manager, and she can be reached at 303-571-7633. W. West Foster and Christine Antonio completed 25 eminent domain appraisals for Xcel Energy officials during 2009, 2010, and 2011 on the Milliken to Berthoud high pressure natural gas pipeline project. Dan Tekevec, SR/WA, was the senior right of way agent involved in the project. He can be reached at 303-571-3705. W. West Foster and completed five eminent domain appraisals for Xcel Energy officials during 2011 on the Pawnee to Smoky Hill electric transmission line project. Steve Gray, who is now with Tri-State Generation and Transmission James B. O'Neill, FNIGP, CPPO Page 5 August 22, 2012 of Overland Pass Pipeline on April 4, 2007 at an immediate possession hearing in Yuma County District Court. City of Greeley acting by and through its water and sewer board v. 22-27 Partnership, a Colorado Limited Partnership; Springer -Fisher, Inc., A Colorado Corporation; Allison Estates, LLC, A Colorado Limited Liability Company; Douglas D. Konkel; and John Giuliano, Latimer County District Court, Case Number 07-CV-241. This case involved a partial acquisition for the installation of a new water pipeline within a new easement to be installed mostly parallel to an existing water pipeline easement. Testimony was given on behalf of the City of Greeley on May 16, 2007 at an immediate possession hearing in Larimer County District Court. Sinclair Transportation Company v. Ivar E. Larson, et. al., Weld County District Court, Case Number 07-CV-292 and Sinclair Transportation Company v. Lauren Sandberg, et. al., Weld County District Court, Case Number 07-CV-290. These cases involved a partial acquisition for the installation of an additional petroleum pipeline within an existing easement. Testimony was given on behalf of Sinclair Transportation Company on July 11, 2007 at an immediate possession hearing in Weld County District Court. Sinclair Transportation Company v. John C. Jukkola, et. al., Weld County District Court, Case Number 07-CV-188. This case involved a partial acquisition for the installation of an additional petroleum pipeline within an existing easement. A deposition was given on behalf of Sinclair Transportation Company on October 5, 2007 at the Centennial, Colorado law offices of Mark E. May, Esq. First Interstate Financial, LLC, a Utah Limited Liability Company v. Front Range Real Estate Consultants, Inc. a Colorado Corporation, Margaret Moore, individually, and Julie O'Gorman, individually, Weld County District Court, Case Number 06-CV-431. This case involved my review appraisal of an appraisal prepared by the defendants of a proposed industrial subdivision in Kersey, Colorado. A deposition was James B. O'Neill, FNIGP, CPPO Page 6 August 22, 2012 given on behalf of First Interstate Financial on October 25, 2007 at the Greeley, Colorado law offices of Otis, Coan, and Stewart. Sinclair Transportation Company v. Ivar E. Larson, et. al., Weld County District Court, Case Number 07-CV-292 and Sinclair Transportation Company v. Lauren Sandberg, et. al., Weld County District Court, Case Number 07-CV-290. These cases involved a partial acquisition for the installation of an additional petroleum pipeline within an existing easement. Testimony was given on behalf of Sinclair Transportation Company on May 5, 2008 at a valuation hearing in Weld County District Court. North Weld County Water District v. Margaret A. Schneider, Weld County District Court, Case Number 08-CV-199. This case involved a partial acquisition for the installation of two water pipelines and an access road in the southern portion of the Schneider property. Testimony was given on behalf of both parties on July 10, 2008, at an immediate possession hearing in Weld County District Court. Zeiler Farms, Inc. v. Anadarko E & P Company LP and Unioil, Inc., United States District Court, Civil Action Number 07-CV-1985 (WYD-MJW). This case involved potential surface damages resulting from the potential of drilling four additional wells on approximately 147 acres in Weld County between Greeley and Loveland. I prepared a review appraisal and a reanalysis of the data regarding an appraisal prepared by Basis S. Katsaros, MAI for the attorney representing Zeiler Farms. A deposition was given on behalf of Anadarko E & P Company LP and Unioil, Inc. on July 25, 2008 at the Denver, Colorado law offices of Davis Graham & Stubbs LLP. Loveland Essential Group, LLC v. Grommon Farms, Inc., a Colorado Corporation, Gary Grommon and Connie Grommon, and Martin Jara and Pool Tyme, LLC, Larimer County District Court, Civil Action Number 07-CV-170 Division 3A. This case involved potential damages resulting from a long-term lease of the Pool Tyme facility that prevents the current owner from developing his property. A deposition was given on behalf of Loveland Essential Group, LLC on August 7, James B. O'Neill, FNIGP, CPPO Page 7 August 22, 2012 2008 at the Fort Collins law offices of Cline, Williams, Wright, Johnson, & Oldfather, LLP. Town of Johnstown, Colorado v. Ivar W. Larson and Donna M. Larson, Weld County District Court, Civil Action Number 2008-CV-305 Division 10. This case involved an immediate possession hearing regarding the acquisition of permanent and temporary construction easements for the installation of a sanitary sewer line. Testimony was given on behalf of the Town of Johnstown on August 11, 2008 at an immediate possession hearing in Weld County District Court. Loveland Essential Group, LLC v. Grommon Farms, Inc., a Colorado Corporation, Gary Grommon and Connie Grommon, and Martin Jara and Pool Tyme, LLC, Latimer County District Court, Civil Action Number 07-CV-170 Division 3A. This case involved potential damages resulting from a long-term lease of the Pool Tyme facility that prevents the current owner from developing his property. Testimony was given on behalf of Loveland Essential Group, LLC on January 22, 2009 in Larimer County District Court. City of Greeley acting by and through its water and sewer board v. Richard F. Snyder, Larimer County District Court, Case Number 2008-CV- 1 102. This case involved a partial acquisition for the installation of a new water pipeline within a new easement to be installed in the southern portion of the Snyder property. A deposition was given on behalf' of the City of Greeley on February 19, 2009 at the Denver law offices of Grimshaw and Harring, PC. City of Greeley acting by and through its water and sewer board v. R.M. Hiner Construction Company, et al, Weld County District Court, Case Number 06-CV-652. This case involved a partial acquisition to acquire the right of way required for the installation of a new sewer main within a new easement. Testimony was given on behalf of the City of Greeley on March 17, 2009 at a valuation hearing in Weld County District Court. James B. O'Neill, FNIGP, CPPO Page 8 August 22, 2012 City of Fort Collins v. Brophy, Larimer County District Court, Case Number 08-CV-1067. This case involved a partial acquisition to acquire the right of way required for the widening and improvement of the South Shields Street and West Harmony Road intersection. A deposition was given on behalf of Mark and Mary Brophy on May 27, 2009 in the City of Fort Collins City Attorney offices. City of Fort Collins v. Brophy, Larimer County District Court, Case Number 08-CV-1067. This case involved a partial acquisition to acquire the right of way required for the widening and improvement of the South Shields Street and West Harmony Road intersection. Testimony was given on behalf of Mark and Mary Brophy on August 18, 2009, at a valuation hearing in Larimer County District Court. City of Greeley acting by and through its Water and Sewer Board v. 22-27 Limited Partnership and Springer -Fisher, Inc., Larimer County District Court, Case Number 2007-CV-241. This case involved a partial acquisition for the installation of a new water pipeline within a new easement to be installed through the 22-27 Limited Partnership and Springer -Fisher, Inc. property. A deposition was given on behalf of the City of Greeley on September 2, 2009, at the Fort Collins law offices of Hasler, Fonfara and Maxwell LLP. Farmers Bank v. CB Richard Ellis Services, Inc., et al. Weld County District Court, Case Number 2008-CV-1082. This case involved a rebuttal of an appraisal prepared by a CB Richard Ellis appraiser on a tract of vacant multifamily development land in Winsor, Colorado. The amount Farmers Bank officials loaned on the site was predicated on the appraised value, which included water rights reportedly dedicated to the Town of Windsor. It was later discovered that the water rights had not been dedicated. A deposition was given on behalf of Farmers Bank on November 13, 2009, at the Denver law offices of Silver and DeBoskey, PC. Public Service Company of Colorado v. Ambro and Son, Adams County District Court, Case Number 2009-CV-2085. This case involved a partial acquisition of a permanent easement for the installation of an James B. O'Neill, FNIGP, CPPO Page 9 August 22, 2012 electric transmission line across the southern portion of the Ambro and Son property located in the southwest quadrant of East 28a' Avenue and Tower Road in the City of Aurora, Colorado. A deposition was given on behalf of Public Service Company of Colorado at the Denver law offices of Polsinelli Shughart PC on June 18, 2010. City of Greeley acting by and through its Water and Sewer Board v. Richard F. Snyder, et al, Larimer County District Court, Case Number 2010-CV-442. This case involved a partial acquisition for the installation of a new water pipeline within a new easement to be installed through the Richard F. Snyder property. Testimony was given on behalf of the City of Greeley on June 24, 2010, at an immediate possession hearing in Larimer County District Court. East Latimer County Water District and North Weld County Water District v. Richard F. Snyder, et al, Larimer County District Court, Case Number 09-CV-610. This case involved a partial acquisition for the installation of a new water pipeline within a new easement to be installed through the Richard F. Snyder property. Testimony was given on behalf of the East Larimer County Water District and the North Weld County Water District on November 18, 2010, at a valuation hearing in Larimer County District Court. Public Service Company of Colorado v. Majestic Realty Company, Adams County District Court, Case Number 2010-CV-329. This case involved a partial acquisition of a permanent easement for the installation of an electric transmission line across the southern portion of the Majestic Realty Company's Majestic Commercecenter property located north of Interstate 70 between Tower Road and Picadilly Road in the City of Aurora, Colorado. A deposition was given on behalf of Public Service Company of Colorado at the Denver law offices of Ballard Spahr LLP on February 15, 2011. Public Service Company of Colorado v. Arrowhead Winter Park Investors, LLC, et al, Grand County District Court, Case Number 2008-CV-341. This case involved a partial acquisition of a permanent easement for the installation of a natural gas transmission line across the eastern James B. O'Neill, FNIGP, CPPO Page 10 August 22, 2012 portion of the Arrowhead Winter Park Investors, LLC property located in the eastern portion of the Town of Winter Park, Colorado. A deposition was given on behalf of Public Service Company of Colorado at the Denver law offices of Duncan, Ostrander & Dingess PC on June 15, 2011. Public Service Company of Colorado v. Sunny Slope Landings, LLC, Latimer County District Court, Case Number 2010-CV-308. This case involved a partial acquisition of a permanent easement for the installation of a natural gas transmission line across the Sunny Slope Landings, LLC property located northeast of the Town of Berthoud, in unincorporated Latimer County, Colorado. A deposition was given on behalf of Public Service Company of Colorado at the Greeley offices of Foster Valuation Company on June 16, 2011. Public Service Company of Colorado v. Freund Investments, LLC, Morgan County District Court, Case Number 2011-CV-38. This case involved a partial acquisition of a permanent easement for the installation of an electric transmission line across eastern portion of the Freund Investments, LLC property located southeast of the Town of Wiggins, in unincorporated Morgan County, Colorado. Testimony was given on behalf of Public Service Company of Colorado in District Court at the Morgan County Justice Center on June 21, 2011. Public Service Company of Colorado v. Arrowhead Winter Park Investors, LLC, et al, Grand County District Court, Case Number 2008-CV-341. This case involved a partial acquisition of a permanent easement for the installation of a natural gas transmission line across the eastern portion of the Arrowhead Winter Park Investors, LLC property located in the eastern portion of the Town of Winter Park, Colorado. Testimony was given on behalf of Public Service Company of Colorado at a valuation hearing in Grand County District Court before a three -member commission July 12, 2011. Tetsel & Ishiguro Development One, LLC, Federal Bankruptcy Court, Denver, Colorado, Case No. 11-18853 ABC, Chapter 11. The case involved an appraisal prepared on the 244.84-acre Riverside Village James B. O'Neill, FNIGP, CPPO Page 1 I August 22, 2012 Planned Unit Development that had been annexed into the City of Evans in Weld County, Colorado. My testimony was given on behalf of the lender on October 24, 2011. The Court allowed the lender to proceed with foreclosure on the basis of my testimony. Sweethart Farm, LLC, Federal Bankruptcy Court, Denver, Colorado, Case No. 11-21654 EEB, Chapter 11. The case involved an appraisal prepared on the 130.857-acre Sweethart Farm property that had been annexed into the Town of Johnstown, Colorado. My testimony was given on behalf of the lender on February 16, 2012. The Court denied the Debtor's motion to confirm its proposed Chapter 11 plan of reorganization and allowed the lender to proceed with foreclosure on the basis of my testimony. Ray W. Hein Family Trust and Ray W. Hein Family Investment Company v. KB Home Colorado, Inc., a Colorado Corporation and Loveland Aspen Knolls, LLC, Latimer County District Court, Civil Action Number 2008-CV-1170 Division 4A. This case involved potential damages resulting from KB Homes decision not to develop Aspen Knolls, which caused KB Homes to default on an agreement to install certain off -site improvements that may have benefitted the Hein family property. KB Homes later sold the property to Loveland Aspen Knolls, LLC. Testimony was given on behalf of Loveland Aspen Knolls, LLC on August 9, 2012 in Larimer County District Court. Respectfully submitted, W. West Foster, MAI, CRE, SR/WA EXHIBIT C. APPRAISAL COST SHEET D. PROPOSAL COST SHEET Supply the hourly rates for the following: 1. Hourly personnel rates for project team members: a. W. West Foster $175 b. Sue Anne Foster $175 C. Jon Vaughan $150 d. Christy Antonio $100 e. Mike Smith $100 f. Q 2. Appraisal services hourly rate of pay — One specific rate of pay for the performance of all appraisal services except litigation services: $ isn (Aire age) 3. Litigation services hourly rate of pay — One specific rate of pay for the performance of all litigation services: $ 250 (West) 4. Breakout of reimbursable costs: (these are included in rates 2. & 3. Above). a. Tree Aonraisals b. Potential estimates for Cost to Cure C. rel RFP 7424 Appraisal Services Page 7 of 30 James B. O'Neill, FNIGP, CPPO Page 3 August 22, 2012 Association, was the senior right of way agent involved in the project. He can be reached at303-254-3649. W. West Foster and Jon Vaughan completed thirteen appraisals for Tri- State Generation and Transmission Association on their Waverly project in 2009 north of Fort Collins. Denise Gibbons was the lead right of way agent, and she can be reached at 303-254-3229. W. West Foster completed 26 appraisals for Xcel Energy officials during 2011 and 2012 on the Boulder to Fort Collins high pressure natural gas pipeline project. Dan Tekevec, SR/WA, was the senior right of way agent involved in the project. He can be reached at 303-571-3705. W. West Foster and Christine Antonio completed nine appraisals for Xcel Energy officials during 2012 on the electric transmission line relocation project between Colorado Boulevard and Holly Street along the south side of Smith Road in Denver as a result of the RTD FasTRacks project. Cristin Cochran (303-571- 6545) was the senior right of way agent involved in the project. W. West Foster and Jon Vaughan have been engaged by the Colorado State Attorney General's office to perform reviews and valuation services related to conservation easements for which the donors received tax credits from the State. To date, W. West Foster has completed one review. Charmaine C. Rose is the primary contact for this project, and she can be reached at 303-866-5268. W. West Foster and Jon Vaughan completed three conservation easement appraisals for the City of Loveland in 2008 involving the Big Thompson River corridor. Brian Hayes, the Natural Areas Manager for the City of Loveland, was the lead on this project. He can be contacted at 970-962-2726. W. West Foster completed two conservation easement appraisals for the City of Fort Collins in 2004 on the Willis and Hansen properties bordering Larimer County Road 5. Wally Cameron was the lead on this project. W. West Foster completed two conservation easement appraisals for the Internal Revenue Service in 2009 on properties in Weld County. Lorene Sams was the lead on this project. James B. O'Neill, FNIGP, CPPO Page 4 August 22, 2012 W. West Foster completed multiple partial take eminent domain appraisals for the Colorado Department of Transportation (CDOT) in 2001, 2002, and 2006 involving Interstate 25 widening from Colorado State Highway 52 to Colorado State Highway 66. West also reviewed several appraisals prepared by others for CDOT Region 4 during 2011 and 2012. Bob Grube was the CDOT right of way agent. He can be reached at 970-350-2152. Sue Anne Foster completed two basic data reports and twenty eminent domain appraisals for Weld County Public Works officials involving county road widening projects since 2007. Leon Sievers, PLS, SR/WA, Senior Right of Way Agent, is the project manager; and he can be reached at 970-356-4000, x3785. Sue Anne Foster completed three basic data reports and fourteen eminent domain appraisals for City of Greeley officials for the Greeley to Bellvue water pipeline project. Daniel F. Moore, P.E., Water System Engineer is the project manager, and he can be reached at 970-350-9814. One of the appraisals included 0.7 miles of Union Pacific Railroad corridor extending through the northern part of the City of Fort Collins. Sue Anne Foster completed an eminent domain appraisal for the Colorado Department of Transportation (CDOT) officials in 2012 involving a BNSF Railroad trail crossing in Westminster along U.S. Highway 36. Nancy Terry was the CDOT right of way agent. She can be reached at 303-757-9849. Sue Anne Foster completed two partial take eminent domain appraisals for the Colorado Department of Transportation (CDOT) in 2008 involving properties in the Loveland area along Colorado State Highway 204. Rich Barker was the CDOT right of way agent. He can be reached at 970-350-2225. Sue Anne Foster completed six eminent domain appraisals in 2012 for Regional Transportation District (RTD) officials for their FasTracks project along the route from Union Station to DIA in the City of Aurora. Mike Owen was the person responsible for engaging the appraisal services, and he can be reached at 303-299-2368. Jon Vaughan also completed six eminent domain appraisals in 2012 for Regional Transportation District (RTD) officials for their FasTracks project along the route from Union Station to DIA in the City of Aurora. Again, Mike Owen James B. O'Neill, FNIGP, CPPO Page 5 August 22, 2012 was the person responsible for engaging the appraisal services; and he can be reached at 303-299-2368. Course Work W. West Foster, MAI, CRE, SRIWA The following is W. West Foster's educational background, including specialized appraisal education: • M.S. Degree in Regional Economics, Colorado State University. • B.S. Degree in General Business, Colorado State University. • All of the basic courses required for the MAI designation given by the American Institute of Real Estate Appraisers; Course III (Rural Properties); Course IV (Litigation Valuation); Course VI (Real Estate Investment Analysis); Course VII (Industrial Valuation); Course 520 (Highest and Best Use and Market Analysis); Course 550 (Advanced Applications); plus numerous additional course work. • Continuing education courses the Appraisal Institute sponsors include in part Conservation Easements, several USPAP courses, Computer -Enhanced Cash Flow Modeling, Subdivision Appraisal, Uniform Appraisal Standards for Federal Land Acquisitions, and all Litigation courses offered in the Professional Development Program, to name a few. • All of the courses given by the International Right of Way Association required for awarding the Senior Member (SR/WA) designation, including Principles of Real Estate Engineering, The Appraisal of Partial Acquisitions, Easement Valuation, Reviewing Appraisals in Eminent Domain, Pipeline Right of Way Agent's Development Program, and several relocation courses. • Management and Leasing of Shopping Centers, by the Institute of Real Estate Management. • Advanced Ranch Appraisal and Appraising Conservation Easements, by the American Society of Farm Managers and Rural Appraisers. • Conservation Easement Appraisal Update Course, by the Colorado Division of Real Estate Sue Anne Foster, MAI, SRA The following is Sue Anne Foster's educational background, including specialized appraisal education: James B. O'Neill, FNIGP, CPPO Page 6 August 22, 2012 • B.S. Degree, University of Wyoming • All of the basic courses required for the MAI and SRA designation given by the American Institute of Real Estate Appraisers. • Continuing education courses the Appraisal Institute sponsors include in part several USPAP courses, Advanced Applications, Computer -Enhanced Cash Flow Modeling, Subdivision Appraisal, Uniform Appraisal Standards for Federal Land Acquisitions, Appraising Distressed Commercial Real Estate, and all Litigation courses offered in the Professional Development Program (Condemnation Appraising: Principles and Applications, Litigation Appraising: Specialized Topics and Applications, and The Appraiser As An Expert Witness: Preparation and Testimony). • International Right of Way Association courses, including Easement Valuation and Principles of Real Estate Negotiations. The comprehensive examination for the SR/WA designation has been passed. • Eminent domain seminars sponsored by the Colorado Law Institute. Jon Vaughan, MAI, SR/WA The following is Jon Vaughan's educational background, including specialized appraisal education: • B.S. Degree in Business Administration, Colorado State University • All of the basic courses required for the MAI designation given by the Appraisal Institute, which include Advanced Income Capitalization, Highest and Best use and Market Analysis, Advanced Sales Comparison and Cost Approaches, and Advanced Application, among others. • Continuing education courses sponsored by the Appraisal Institutes include Valuation of Conservation Easements, The Art of Appraisal Review, Subdivision Appraisal, several USPAP courses, and many others. • All of the courses given by the International Right of Way Association required for awarding the SR/WA designation, including The Appraisal of Partial Acquisitions, Easement Valuation, Reviewing Appraisals in Eminent Domain, Valuation of Environmentally Contaminated Real Estate, Engineering Plan Development and Application, Legal Aspects of Easements, and Ethics and the Right of Way Profession. • Appraising Conservation Easements, by the American Society of Farm Managers and Rural Appraisers. • Conservation Easement Appraisal Update Course, by the Colorado Division of Real Estate James B. O'Neill, FNIGP, CPPO Page 7 August 22, 2012 Christine Marie Antonio, SR/WA The following is Christine Antonio's educational background, including specialized appraisal education: • B.S. Degree in Business Administration, Colorado State University • All of the basic courses required for the Certified General Real Estate Appraiser license given by the Appraisal Institute, which include the 15-Hour National USPAP Course, Business Practices and Ethics, Basic Appraisal Principles, Basic Appraisal Procedures, General Appraisal Income Approach, General Sales Comparison Approach, Real Estate Finance, Statistics, and Valuation Modeling, General Appraiser Report Writing and Case Studies, General Appraiser Market Analysis and Highest and Best Use, and General Appraiser Site Valuation and Cost Approach. Additional elective course have also been taken through the Appraisal Institute, which include Sales Comparison Valuation of Small, Mixed - Use Properties, and Appraising from Blueprints and Specifications. • All of the courses given by the International Right of Way Association required for awarding the Senior Right of Way Professional (SR/WA) designation, including Principles of Real Estate Engineering, The Appraisal of Partial Acquisitions, Easement Valuation, Reviewing Appraisals in Eminent Domain, and several relocation courses. Michael Alan Smith The following is Michael Smith's educational background, including specialized appraisal education: • B.S. Degree in Business Administration, Colorado State University • All of the basic courses required for the certified general appraisers license given by the Appraisal Institute, which include the 15-Hour National USPAP Course, Business Practices and Ethics, Basic Appraisal Principles, Basic Appraisal Procedures, General Appraisal Income Approach, General Sales Comparison Approach, Real Estate Finance, Statistics, and Valuation Modeling, General Appraiser Report Writing and Case Studies, General Appraiser Market Analysis and Highest and Best Use, General Appraiser Site Valuation and Cost Approach Summary As one can readily determine, we have the experience and personnel to adequately provide the appraisal services required under this proposal. James B. O'Neill, FNIGP, CPPO Page 8 August 22, 2012 Estimated Delivery Time and Cost of Recent Appraisals Appraisals can typically be delivered within 30 to 45 days of notice to proceed. The range in fees for the typical partial take or total take eminent domain appraisal is from $4,500 to $5,500 plus subcontracting fees for such things as cost estimates, tree valuation, and so forth. These fees can be higher for complex eminent domain or conservation easement assignments. Prior Litigation Services A complete list of publications authored by W. West Foster, as well as a listing of cases in which testimony has been given as an expert at trial or by deposition is included in Exhibit B. Proposal Cost Sheet The proposal cost sheet is filled out and included as Exhibit C. Sample Appraisal Reports Appraisal reports performed by our appraisers are included as Exhibit D. Respectfully omitted, W. West Foster, MAI, CRE, SR/WA CO Certification #CG00001795 EXHIBIT A QUALIFICATIONS