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HomeMy WebLinkAboutRESPONSE - RFP - 8605 APPRAISAL SERVICES (5)City of Fort Collins Page 2 March 23, 2018 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; all Litigation courses offered in the Professional Development Program, and Review Theory - General. 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. Seminars: Uniform Appraisal Standards for Federal Land Acquisitions, plus numerous real estate seminars given by the Appraisal Institute. Memberships and Designations Appraisal Institute: Designated Member (MAI and AI-GRS) 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 II 1992 to 2013 - Contributor to The Appraisal of Real Estate, 10th through 14th Editions 1995 - Vice Chair, Region II 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. City of Fort Collins Page 3 March 23, 2018 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; all given by the Appraisal Institute. Easement Valuation; Negotiations; Engineering Plan Development, given by the International Right of Way Association. Seminars: Uniform Appraisal Standards for Federal Land Acquisitions; plus numerous additional real estate seminars given by the Appraisal Institute. Real Estate Appraisal I, University of Colorado. Memberships and Designations Appraisal Institute: Designated Member (MAI and SRA) 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 1997 to 2000 - Assistant Regional Member, Ethics Administration Division 1998 to 2002 - Board of Directors for the Colorado Chapter 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. City of Fort Collins Page 4 March 23, 2018 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 Institute Courses: Uniform Standards of Professional Appraisal Practice, 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, Advanced Concepts and Case Studies International Right of Way Association Courses: SR/WA Comprehensive Exam, Principles of Land Acquisition, Principles of Real Estate Negotiation, Conflict Management, The Uniform Act, Principles of Real Estate Appraisal, Environmental Awareness, Property Management, Real Estate Law, Real Estate Engineering, Environmental Due Diligence and Liability, Property Descriptions, Right of Way Acquisition for Electrical Transmission Projects, and Alternative Dispute Resolution. Memberships and Designations Appraisal Institute: Designated Member (MAI) Certified General Real Estate Appraiser: State of Colorado, #CG100036005 International Right of Way Association: Candidate for SR/WA Designation Professional Experience Foster Valuation Company: Associate, August of 2008 - Present Smith Investments: Acquisition Analysis, December of 2006 - August of 2008 City of Fort Collins Page 5 March 23, 2018 Appraisal Requirements Continued The experience of the individual appraisers who hold the MAI designation awarded by the Appraisal Institute are outlined below: W. West Foster, MAI, CRE, SR/WA - W. West Foster began real estate appraising in 1976 with Robert J. Mitchell, MAI in Greeley, Colorado. The primary focus of the practice at that time was the appraisal of rural property. West Foster was awarded the MAI designation in 1979. Foster Valuation Company was formed in 1981. The CRE (Counselor of Real Estate) designation was awarded in 1995, and the Senior Right of Way Professional (SR/WA) designation was awarded by the International Right of Way Association) in 2004. In addition to private individuals and attorneys, eminent domain clients include the City of Greeley, City of Fort Collins, City of Loveland, Weld County, Larimer County, the Colorado Department of Transportation, Xcel Energy, Colorado Interstate Gas, Black Hills Energy, Tri-State Generation and Transmission Association, East Larimer County Water District, Town of Timnath, Sinclair Transportation, North Weld County Water District, Town of Milliken, Town of Johnstown, Overland Pass Pipeline Company, Town of Mead, City of Longmont, Poudre River Trail Board, and the Town of Pierce. More than 400 eminent domain appraisals have been performed. Recent relevant appraisal education courses taken by West consist of Condemnation Appraising: Principles and Applications, Litigation Appraising: Specialized Topics and Applications, and The Appraiser As An Expert Witness: Preparation and Testimony. West Foster's recent expert testimony experience is included below. 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 electric transmission line easement 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. This case was settled and did not go to trial. 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 natural gas transmission line easement. 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. City of Fort Collins Page 6 March 23, 2018 Public Service Company of Colorado v. Sunny Slope Landings, LLC, Larimer County District Court, Case Number 2010-CV-308. This case involved a partial acquisition of a permanent natural gas transmission line easement. A deposition was given on behalf of Public Service Company of Colorado at the Greeley offices of Foster Valuation Company on June 16, 2011. This case was settled and did not go to trial. 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 electric transmission line easement. Testimony was given on behalf of Public Service Company of Colorado in District Court at the Morgan County Justice Center on June 21, 2011. The Court ruled in favor of Public Service Company of Colorado. 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 natural gas transmission line easement. 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. The Commission ruled in favor of Arrowhead Winter Park Investors, LLC. Tetsel & Ishiguro Development One, LLC, Federal Bankruptcy Court, Denver, Colorado, Case No. 11-18853 ABC, Chapter 11. The case involved an appraisal of the 244.84-acre Riverside Village Planned Unit Development that had been annexed into the City of Evans, Colorado. 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 of the 130.857-acre Sweethart Farm property that had been annexed into the Town of Johnstown, Colorado. 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, Larimer County District Court, Civil Action Number 2008-CV-1170 Division 4A. This case involved potential damages resulting from KB Homes City of Fort Collins Page 7 March 23, 2018 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. The Court ruled in favor of the defendants. Town of Timnath v. J.L. and G.D. Feuell Living Trust, Larimer County District Court, Case Number 2012-CV-2003 Division 5A. This case involved an immediate possession hearing. Testimony was given on behalf of the Town of Timnath on February 5, 2013 in Larimer County District Court. The Court ruled in favor of the petitioner. People v. Matthew Sysum, Weld County District Court, Case Number 11-CR-637. This case involved a potential fraud through the sale of real estate with a value inflated by appraisals prepared by Alexander Kovacs. Testimony was given on behalf of the Assistant Weld County District Attorneys involved in the case on December 17, 2013 at a hearing in Weld County District Court. The court ruled in favor of the Weld County District Attorneys. Town of Frederick v. CB4H, Inc., Bethany A. Pelosa, Fred D. Schlegel, Jr., The Elane B. Harris Trust Dated September 23, 2011, and Sharon K. Wells-True and Glen C. True, Weld County District Court, Case Numbers 2015CV030829 through 2015CV030833 Division 4. This case involved an immediate possession hearing for easements being taken to widen Godding Hollow Parkway. Testimony was given on behalf of the Town of Frederick on December 2, 2015, in Weld County District Court. The Court ruled in favor of the petitioner. Sinclair Transportation Company v. Ivar E. Larson; Donna M. Larson; Lauren Sandberg; and Kay F. Sandberg, Weld County District Court, Case Number 2012-CV-907. This case involved a partial acquisition of a permanent easement re-encumbering an existing easement for a second petroleum pipeline across the defendant's property northwest of the Town of Johnstown, in unincorporated Weld County, Colorado. A deposition was given on behalf of Sinclair Transportation Company at the Denver law offices of Faegre Baker Daniels LLP on January 16, 2016. Sue Anne Foster, MAI, SRA - Sue Anne Foster has been active in the real estate appraisal profession since the early 1980s, specializing in rural and income property valuation and counseling. She holds the SRA and MAI designations awarded by City of Fort Collins Page 8 March 23, 2018 the American Institute of Real Estate Appraisers (now the Appraisal Institute). She has passed the comprehensive exam for the SR/WA designation awarded by the International Right of Way Association. Sue Anne Foster has been active nationally in the American Institute of Real Estate Appraisers and the Appraisal Institute from the mid-1980s. Sue started her appraisal career in 1982 specializing in residential appraisal work. After two to three years, she shifted her emphasis to commercial appraisal assignments. Sue has experience in a wide variety of property types, including retail, office, apartments, industrial, subdivisions, and land. Specialized property types include car washes, mini-storage complexes, and convenience stores. Sue Foster's eminent domain clients over the years include the Colorado Department of Transportation, City of Greeley, Weld County, Larimer County, Town of Dacono, Town of Timnath, East Larimer County Water District, and North Weld County Water District, along with attorneys and private individuals. She is currently involved with eminent domain appraisal work for the City of Greeley on its final phase of a water pipeline project from Greeley to Bellvue, as well as doing some preliminary appraisal work for Xcel Energy for its proposed Rush Creek Connect 345kV electric transmission line project. More than 150 eminent domain appraisals have been performed. Recent relevant appraisal education courses taken by Sue consist of Condemnation Appraising: Principles and Applications, Litigation Appraising: Specialized Topics and Applications, and The Appraiser As An Expert Witness: Preparation and Testimony. Michael Alan Smith, MAI - Michael Smith graduated from the Colorado State University College of Business in December of 2007 with concentrations in commercial real estate and real-estate finance. In 2008, Michael began appraising at Foster Valuation Company and continuing his real-estate education. Michael was awarded the MAI designation by the Appraisal Institute in January of 2015. In 2016, Michael passed the comprehensive exam as a candidate working toward the SR/WA Senior Right of Way Professional (SR/WA) designation from the International Right of Way Association. He has completed over 300 appraisals, many of which involved eminent domain projects, the most recent is the 71st Avenue widening between U.S. Highway 34 Business (West 10th Street) and 20th Street for the Citiy of Greeley. City of Fort Collins Page 9 March 23, 2018 Appraisal Fees Typical fees for partial take and total take eminent domain appraisals range from $5,000 to $6,500 per property, depending on the complexity of the assignment. Standard partial acquisition appraisals in which only the land is impacted would be at the low end of the range. Complex partial acquisition appraisals, in which there are significant damages to the remainder would be at the high end of the range. If business monument signs are being taken or if specialized landscaping is being taken, it may be necessary to pay contractors for replacement or restoration cost estimates in order to properly compensate the affected property owners. Litigation fees are based on $250 per hour. References Nancy Bullock, Appraiser II (970)-350-2260 Right of Way Department, Region 4 10601 West 10th Street Colorado Department of Transportation Greeley, Colorado 80634 Phil B. Mazur, SR/WA (970)-667-7602 Acquisition Agent 505 North Denver Avenue Western States Land Services, Inc. Loveland, Colorado 80537 Charlie Johnson (970)-498-5725 Senior Land Agent 200 West Oak Street Larimer County Fort Collins, Colorado 80522 Dept. of Natural Resources & Engineering Helen Matson (970)-221-6276 Real Estate Manager 300 Laporte Avenue, Building B City of Fort Collins Fort Collins, Colorado 80522 Adam Pena (303) 571-3305 Senior Agent, Right of Way and Permits 1123 West 3rd Avenue Xcel Energy (Natural Gas Distribution) Denver, Colorado 80223 Derek Holscher (303)-571-7284 Principal Agent, Siting and Land Rights 1800 Larimer Street, 4th Floor Xcel Energy (Electric Distribution) Denver, Colorado 80202 City of Fort Collins Page 10 March 23, 2018 Brandee Caswell, Esq. (303)-607-3826 Partner 3200 Wells Fargo Center Faegre Baker Daniels 1700 Lincoln Street (Represents Xcel Energy) Denver, Colorado 80203 H. Steven Gray (303)-254-3649 Land Rights Acquisition Manager 1100 West 116th Avenue Tri-State Generation and Transmission Westminster, Colorado 80234 Daniel F. Moore, P.E. (970)-350-9814 Water Systems Engineer 1100 10th Street, 3rd Floor City of Greeley Greeley, Colorado 80631 Thomas Hellen, P.E. (970)-350-9793 City Engineer 1001 9th Avenue City of Greeley Greeley, Colorado 80631 Additional Information We typically deliver four (4) copies of eminent domain appraisal reports plus a PDF copy. Foster Valuation Company will provide insurance certificates meeting all of the requirements. No subcontractors will be utilized with the exception of sign and landscape cost estimators, as necessary.