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HomeMy WebLinkAboutC12-257 GOCO Appraisal Requirements GUIDELINES FOR APPRAISALS OF GOCO - FUNDED LAND ACQUISITIONS By Board policy, GOCO will not participate in projects where a seller has received or will receive consideration greater than the fair market value of the interest conveyed, as established by an appraisal prepared in compliance with the Uniform Standards of Professional Appraisal Practice ( "USPAP ") and other applicable standards. For GOCO's purposes, an acceptable appraisal must: • Beperformed by an appraiser who is competent to complete the assignment: GOCO expects that each appraiser understand and comply with the USPAP Competency Rule, which requires an appraiser to have or acquire (1) the ability to properly identify the problem to be addressed; (2) the knowledge and experience to complete the assignment competently; and (3) a recognition of, and the ability to comply with, laws and regulations that apply to the appraiser or to the assignment; • Be in the form of either a Summary or Self - Contained Report (a Restricted Use Report is not acceptable); • Be prepared according to applicable standards: All appraisals must comply with USPAP. GOCO will accept reports that comply with USPAP and also comply with Treasury Regulations and/or the Uniform Appraisal Standards for Federal Land Acquisitions ( "UASFLA" a.k.a. "Yellow Book "), as appropriate for a given transaction. If submitting a single report that complies with the requirements of USPAP, Treasury Regulations, and Yellow Book, the report must clearly identify the analysis under each standard so as not to be misleading. • Be addressed to the proper Client: The "Client" must be either the purchaser, another project partner that does not have an ownership interest in the property being acquired, or the seller and the purchaser jointly (GOCO will not accept an appraisal addressed to the seller as the only client); • List GOCO as an "Intended User ": GOCO must be listed as one of the Intended Users of the appraisal (this should not be interpreted as preventing the appraiser from listing as many other Intended Users as appropriate for a given project); • Indicate the following "Intended Use" (USPAP) or "Purpose" (Yellow Book) of the appraisal: For GOCO's purposes, every appraisal must contain one of the following statements of "Intended Use" or "Purpose" verbatim, which need not be the only statement of Intended Use or Purpose contained in the appraisal: For a Conservation Easement: "For the purchase and sale of a conservation easement interest in the subject property, using public funds through the Great Outdoors Colorado Trust Fund." . •. f'N)ItORADO For a Fee Title Acquisition: "For the purchase and sale of a fee title interest in the subject property, using public funds through the Great Outdoors Colorado Trust Fund." • Include an analysis of the current purchase and sale agreement or option agreement between the buyer and seller (including any and all amendments): GOCO will not accept an appraisal that does not specifically state that the appraiser has been provided and has reviewed the current purchase and sale or option agreement (including any and all amendments) and it must contain an analysis of the same. The grantee may provide the appraiserr an unsigned draft agreement so that the appraiser may begin the appraisal assignment; however, the grantee must provide a fully executed agreement to the appraiser before he or she completes the report and submits the report to GOCO's reviewer. • Be effective within one year prior to closing: For GOCO's purposes, an appraisal must contain an effective date of value within one year of closing. If closing has not occurred within one year of the effective valuation date, GOCO will require a new appraisal, which must be dated effective as of the date that the initial appraisal became one year old or later. • Be completed in narrative format: GOCO strongly discourages the use of form appraisals. However, these appraisals may be acceptable for relatively simple fee title acquisitions. The grantee, after obtaining the appraiser's written agreement to comply with these guidelines, must obtain GOCO's permission to submit a form appraisal. • Exclude the value of any structures or improvements on the property: If an appraised property contains structures or improvements, the appraisal should separately state the contributory value (if any) of the structures /improvements. GOCO funds cannot be applied toward the purchase price of structures or other improvements on the land. • Properly identify the Property appraised: USPAP, Treasury Regulations, and Yellow Book each have a different test for determining what constitutes the property appraised. An appraisal must clearly meet every applicable test. • If prepared in compliance with Treasury Regulations, address enhancement issues. • Be written in such a manner that is clear and understandable to the client and intended users: Clarity of presentation can seriously affect both the usefulness and the validity of the appraisal report. Appraisers should take care to present the appraisal in a fashion that is understandable to non - appraisers. Appraisers should also take care to ensure that the report does not contain numerous errors that, in the aggregate, affect the credibility of the appraisal (see USPAP Standards Rule 1- 1(c)). GOCO takes its obligations as fiduciary of the public trust funds very seriously. In order to ensure it lives up to those obligations in every transaction, GOCO will commission a thorough review of every appraisal. GOCO's review process is summarized as follows: Every appraisal will be reviewed by a professional review appraiser who has experience appraising the type of property and property interest appraised. GOCO's reviewer will conduct a OUTDOORS COLORADO .. USPAP Standard 3 appraisal review, which will not involve an independent conclusion of value. The purpose of this review is to determine whether the appraisal complies with applicable standards and is reliable for GOCO's use in funding the acquisition of the interest appraised. GOCO is the sole client of the appraisal review. Throughout the review process, all substantive discussion regarding the appraisal should occur between the contract and review appraisers. GOCO will be in contact with its reviewer periodically to track the progress of the review and encourages the grantee to be in contact with the contract appraiser regarding the same. It is improper for a grantee to contact GOCO's reviewer regarding any issue with the review without first obtaining GOCO's express permission. GOCO will assign a reviewer within four weeks of the grant award (assuming an appraiser has already been selected by the grantee or the landowner). GOCO will consult with the grantee, project partners, and the contract appraiser regarding the choice of a reviewer; however, the ultimate decision will remain at GOCO's sole discretion. The review appraiser will contact the contract appraiser within two weeks of receiving the introductory email from GOCO to discuss the appraisal and subsequently determine the most appropriate scope of work necessary to ensure a thorough review. The review appraiser will be available to ask and answer questions and review the work file including the analysis and work product, while the contract appraiser works to complete the report. The contract appraiser may submit drafts to the reviewer or may choose to submit a final product only. Once the reviewer receives the final draft appraisal, he or she will have two weeks to complete an initial read - through of the document except under certain circumstances as worked out between GOCO and the reviewer. If the appraisal is acceptable and approved by the reviewer, the written report shall be completed within three weeks of the reviewer's receipt of the final draft appraisal. GOCO staff is fully aware that the review process might uncover issues that cannot be quickly resolved. The written review does not have to be completed by the end of the three weeks if the appraisal needs to be modified to be approved and additional review will be necessary. GOCO considers effective communication between the contract appraiser and reviewer vital to the success of an appraisal review. GOCO expects that every review will be a positive learning experience that engenders continued growth by both reviewer and contract appraiser. Each of GOCO's reviewers has committed to conduct reviews in a professional and thoughtful manner. GOCO expects the contract appraiser to approach the review with an open, receptive attitude and cooperate fully with the review appraiser. GOCO will not wire grant funds until it has received a signed report from its reviewer indicating that the appraisal complies with all applicable standards, does not contain substantial errors of omission or commission that significantly affect the appraisal (see USPAP Standard 1- 1), and is reliable for GOCO's funding purposes. GOCO's interpretation of its review report, as well as its own policies and procedures, is at GOCO's sole discretion. Grantees are encouraged to conduct their own internal review of appraisals to determine compliance with their own policies and standards. GOCO understands that many transactions involve closing dates that are extremely important for a variety of funding and /or private financial reasons. GOCO will make every effort to meet these deadlines but will never compromise the quality ofa review to meet a scheduled closing or any other deadline. GOCO will not set a closing date with grantees until the final draft appraisal is sent to the reviewer to allow the review appraiser adequate time to review the appraisal. GOCO will also not close a project any sooner than two days alter staff receives the final review from the reviewer. To ensure timeliness, GOCO encourages grantees to utilize the attached appraisal materials checklist and communicate with the contract appraiser about important deadlines. Grantees should also be aware that any significant changes to the structure ofa transaction, property, or conservation easement may affect the review appraiser' ability to meet deadlines and closing dates. Please sign below indicatin that the, grantee and the contract appraiser have discussed these appraisal guidelines, understand the requirements and expectations contained therein and that the contract appraiser has considered the same in accepting the appraisal assignment. b te Appraiser Grani<< • (M CAT OUTDOORS APPRAISAL MATERIALS CHECKLIST GOCO has worked with several experienced appraisers of conservation easements to develop the following checklist of items and information important to complete an appraisal assigrunent. This list is not intended to be exhaustive and will differ slightly for appraisals of fee interests: Name and address of client Appraisal standards to be followed Delivery schedule and information about any important deadlines Signed or Draft Purchase and Sale Agreement or Option Agreement Copy of most recent Title Commitment with all documents referenced in Schedule B -2 Maps of the subject property and a survey if available Legal description of all water rights involved in the transaction Identity of all owners and percent interest of legal entities involved in the transaction Information about any other property whose value may be impacted by the placement of a conservation easement on the subject that is owned by the seller, the seller's family or related parties (including properties owned by juristic entities whose ownership includes the seller, the seller's family or related parties) as applicable Details of all transfers, options and listings within three years (or more if relevant) of the effective date of the appraisal Details of all agreements prior to the encumbrance of the conservation easement which may impact ownership or use of the property after it is encumbered Information about any changes of zoning/subdivision approvals recently sought or currently underway Baseline Report or draft of the same if available Mineral Assessment or draft of the same if available n 9S f GOCO Appraisal Review Process 1 — Project is funded: GOCO will select a \ � GOCO will provide Initial communication between reviewer reviewer within 4 weeks of the Board reviewer with the and appraiser: The reviewer shall contact awarding a grant request (assuming an grant application the appraiser within 2 weeks of receiving appraiser has already been selected by and purchase the introductory e-mail from GOCO. The the grantee or the landowner). GOCO agreement, if purpose of this contact is to enable the staff will send an email to the reviewer available, to reviewer to determine an appropriate and appraiser to make an introduction provide project scope of work and effectuate an open and provide notice of the review process. / background. line of communication. Appraiser and } reviewer shall set timeline for final draft appraisal. \ praisal issues and clarifications: Reviewers \ should always feel free to contact GOCO staff for clarifications and to provide updates. Please communicate with GOCO Expectations while appraisal is in process before undertaking any extraordinary GOCO expects the reviewer to: 1) be work, including site visits, independent available to answer questions from GOCO research, etc. staff and the appraiser; and 2) review the work file including the appraisal analysis and work product. Cooperation, Desk review: In most cases, the review communication, and professionalism are will remain between the "four corners" \ expected. of the appraisal report; the reviewer may complete additional work that is deemed 41 necessary to produce a thorough review after consultation with GOCO. The initial read- through shall be completed within Receipt of appraisal by Appraisal to reviewer: two weeks of receipt of the final draft reviewer: The reviewer shall Appraiser should appraisal: ** notify GOCO staff of receipt provide final draft of final draft appraisal.* / appraisal to reviewer. 41 OR SI Appraisal approved: The reviewer Appraisal not approved: Please notify GOCO staff shall provide GOCO with the immediately if significant problems are identified or if the appraisal and review (electronic appraiser is unwilling to make modifications to meet copies are preferred); alternate GOCO's requirements. GOCO will work with and support methods of appraisal delivery can the reviewer and notify the grantee to create clear, be used with GOCO staff approval. reasonable expectations and timelines for moving forward. /* GOCO staff will not set a closing date with grantees until the final draft appraisal is sent to the reviewer in an effort to provide reviewers adequate time to review the appraisal. ** If the appraisal is acceptable and approved by the reviewer, the written report shall be completed within three weeks of the reviewer's receipt of the final draft appraisal. GOCO staff is fully aware that the desk review process might uncover issues that cannot be quickly resolved. The written review does not have to be completed by the end of the three weeks if the appraisal needs to be modified to be approved and additional review will be necessary. If the reviewer anticipates needing longer than two weeks for the initial read - through, please let GOCO staff know \ immediately to set reasonable expectations. 1