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HomeMy WebLinkAboutC15-005 J.S. Lengel and Associates,IncAGREFN,IFNT FOR SERVICES 13IETWLE 's EAGLE CO(JiN IN. COLORADO AND 1S. LENGEL AND A")SOCIA fFS. IN(� 71-11S ACiREEMEN1 met n-) is effective as of the day of by mid bem cen J.S. Leneel & Associates. Ine, a Colorado Corporation (hereinafter ­Contr�ac or" f "i;-�,,d'Ea­ie County, 'Colorado. a body corporate and politic (hereinafter *Count-."). RECITALS WHEREAS. Eagle Counts desires an appraisal of the value tor the Br' whtmatrr East pr(,)perl\ identified b} the Eagle County Assessor's Office as parcel nullifiers 2111-294-01-001 and 2111-293-01-003in order to consider a potential purchase of that land (the -Property"). and WHEREAS. Contractor is authorized lo do business in the State of Colorado and has the time. skill. expertise, and experience newssark to provide the Services as defined belo\% in paragraph I hereof: and WHEREAS. this Agreement shall govern the relationship between Contractor and County in Connection v% ith tile Services, AGRYIEMENT NO\k. THERF'FORL. in consideration of the foregoing and the folloxvim-, proinises Contractor and Count} agrees a 161lows: I Sery ices or \h cork. Contractor agrees to diligenli\ provide all services, labor, personnel and materials ncces,ar% to perform and complete the service", or work described it, E%hib t A ("Service, " or- '-Irk-) %k hich is anaclivd hereto and incorporated herein by reference, The Servicesshallbe pertorilleLf it, accordance %r ilh the provisions and conditions of this At-,reenlem a. Contractor agrees to furnish the Services no later than January - . - - , 2015 and in accordance with the schedule established in Exhibit A. 13-, signim-, belo\k Contractor represents that it has the expertise and pet -sonnet necessary toproperty) and trek perl'orm the ices. h. In the event of any conflict or inconsistence between the terms and conditions set forlh in Exhibit A and the tenns arid conditions set rL this , -eel l6nh in this Agreement. the terms arid conditions set lo It in hi Agi I'lent shall prevail, 1 coullly�_Rio sentati The Open Space Department's designee shall be Contractor -s contact v% ith respect to this Agreement and performance of tile Sen ices, i. Tann of the A(arcernerit. This Agreement .,hall commence upon the date first written above. and subet I je o the provisions ofpai-a,-,r,ipli 11 hereof, shaJILOntilll,le in full l'orc;: and eftectilirough the December 3I. 2015. 4. Extension or Modification. Any amendments or modifications shall be in %\ riting signed by both parties. No additional services or work performed by Contractor shall he the basis for additional compensation unless and until Contractor has obtained written authorization and ackno\\ ledecinent by County for such additional services in accordance \%ilh County's internal policies. Accordingly. no course ofCon uct d or dealinu-, betvNeen the parties. nor C'15, MK mt� herbal change orders. express or implied acceptance of alterations or additions to the service., and no claim that County has been unjustiy enriched by ane additional services. Mictlieror not there is in fact all,,. Such I Unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that "rinen authorization and ackno\% led,-,ment b\ Counts 1`6r such additional scr\ ices is not tinicl\ executed and issued in strict accordance with this agreement. Contractor's rig lit s with respect to such additional services shall be deemed \%,,lived and such l'ailUre shall result in non-payment for such additional services or stork perl6niled, i. CSYPpensatiOfi. COLIFII\ shall C-0111pelisate Contractor for the perfurnlanct: ofthe service,, at the hourly rate ot'S 125 per hour and as set forth in F xh ' ibit A, The performance of the Services under this Aereenient shall not exceed $4.000. Contractor shall not be entitled to hill at overtime and or double time rate.-, for \tork done outside of normal business hours Unless specificall\ authorized in writing by County. a. Paynient twill he made for Services satisfactorily performed within thirty 00) clays of receipt of' a proper and accurate invoice from Contractor. A I I invoices shall include detail regarding the hour-,, spent, tasks performed. tv ho performed each task and such other detail as Count" IMA request. h. If. at any time during the term or after ienninivion or expiration of'Thi,, A,-,rcetuem. Count} reasonably determines that all\, pa} ment made by County to Contractor NNas improper because the services for \\Inch Payment -,vas made acre not perl'ornied as set forth in this Agreement. then upon written notice of such determination and request for reimbursement from COLIIII,f% Contractor shall forthwith return such payment(s) to CountY Upon termination or expiration ofthis Aureenient, unexpanded funds advanced b\ Counv- ifariv. shall f'Orth\8 ah be returned to Counts C, County, will not IN Ithhold ally taxes from monies paid to the Contractor hereunder and Contractor agrees to be SoICIN responsible for the accurate reporting and payment of all\ taxes related to pa\ Inents made pursuant to the term,, of this Agreement. d, Notwithstanding anything to the contrary contained in this Agreement, Counts shall ha\ c no obli,-',ITiOtIs under this Agreement after. nor shall any payments be [)tilde to Contractor in respect olfan, period after December 31 of any \car, %t ithout in appropriation therefor by County' in accordance \% ith a budget adopted b\ the Board of County CO 1111111 "IS 10 tiers In compliance " ith Article 2-5, title 30 ofthe Colorado Revised Statones. the Local Government Budget Lm (C.R.S. 20-1-101 el. seq.) and the TABOR Amendment (Colorado, Constitution, Article X. Sec. 20) 6. Subcontractors, Contractor ackno\% ledgcs that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into an, subcontractor aurcernents for the performance ol'any ofthe Services or additional services k\ ithout County `s prior \kruten consent. \vhich mav be withheld in County,"s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assioned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion. shall he assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent ofthe Services to be performed by the Subcontractor. to be bound to Contractor by the terms of fill,-, Aureernem, and to assume to\kard Contractor all the oblivations and responsibilities which Contractor, by this Agreement. assumes tmsard Coumv. County shall hate the right (but not the obligation} to enforce the provision,,, ofthis Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such procc.s, The Contractor shall be responsible for the acts and omissions of its agents. employees and subcontractors. T tnstirancc. Contractor agrees to provide and Inelintilill at COHIrdLiOl't Soic cost dild expense, the following insurance coverage tkith limits of liability not less than those stated belo\%: 2 Oencral Scrvices Final 5 14 a. Types of Insurance. 'A orkers' Compensation insurance as required by last. ii, Consultant "ill maintain any personal auto cos era2C as may be required tinder Colovado lack. The parties acknoNN I edgv that Consultant is not driving in connection I\ It I It the `ser\ ices. ix Professional liability insurance x� ith prior act, co\ crage lbr all Services required hereunder, in a form anis with a it insurer or insurer,, sa I is factor\ to Coll ilt\, \\it li linins Is of I iabi I it\ of not less than $500,000 per claim and $1.000.000 in the aggregate. In the c\erit the professional liability Insurance is on a claims -made basis. Contractor warrants that art,, retroactive date under the polic\ shall precede the eftecike date of this Agreement. Continuous coverage rill be maintained during any applicable Stall,11C of limitations for the Services_ ll. Other Requirements. A certificate of insurance rellectIT12 the professional liabilii� insurance is attached a, Exhibit B. iL Contractor's certificates of insurance shall include siihcowraciors, if am. as additional insureds under its policies or Contractor ,hall fill -111111 W COLIIII[v separate certificates and endorsements for each sit hc on tractor iii. The insurance proN i,omrs of this Aureement shall survi�L'expiration 01 termination hercof" t. The parties hereto understand and cu_,rec that the CouniN i, fck in-, On, auld d0c, not \kakc Or intend to by air\ provision ofthis Aurcenivin. the motietar\ limitations Or rights. immunities and protections prm, ideJ by the Colorado Governmental lmnmnity Act, as firom Ii nic to I ime amended, or othenk isc available to County, its, affiliated onnies, successors or assigns. its elected offiLials, employees. iwents and volunteers. y. Contractor is not entitled to \% orkeis' compensation benefits except as provided h} the Contractor. not- to uriernploy mew insurance benefits LIDICSS LHICITIPIMment compensation coveragle is provided by Contractor or some other emit}. The Contractor is obligated to pay all tedcral and state income tax On WIN 111011Ci s P,-Ild pursuant 10 this AL-m-eement. K IndcninifilLaIJ011, The Contractor shall indeninik and hold harmless Count\, and arty of its officers, agents and enip1mees against an,, losses, claiin,, damages or liabilities for \N hiLh County may become subject to insofar as any such losses, claims. damages Or liabilities arise out of directly or indirectly. this -'Qreemem. or are based upon any performance or nonperformance by Contractor or am Of its Subcontractors hereunder. and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred bel County in connection with investwatinu or defending any Such loss. claim, darn ag e. I iabi I nNr or action, Thi I, indemnification sliaII not apply to clamis by third parties against the County to the extent that Count\ is liable to .ucli third parr\ for such 3 claims without retard to the involvement of the Contractor. This paragraph shall survive expiration or termination 9. Omiership ofDocunients. All documents (including electronic tiles} and materials obtained durim_,, purchased or prepared in the performance of the I.;erN ices shall remain the properr\ of the Count\, and are to be delivered to County before final payment is made to Contractor Or upon earlier termination of this Agreement. 10. Notice, An-, notice required by this Agreement shall he deemed properly delivered %N hen (i) personally d6vered. or (ii) when mailed in the United State,, mail, first class postage prepaid. or (iii) when delivered by FedEx or other comparable courier service, charge,' prepaid, it) the parties at their respective addresses listed belo,A. or (iv) when sent via facsimile so long as the sending part\, can proG ide facsimile machine or other confirmation showinu, the date, time and receiving facsimile number for the transmission, or (v.) when transmitted ria e-mail kith confirtnation of receipt. Either part\ nia\ change its address for purposes of this paragraph by giving Ike (5) days prior \kritten notice of such chanize to the other party. C01'N"Ey: Eagle County, Colorado Attention: Toby Sprunk. Open Space Director 500 BroadAa� Post Otfice Box 850 l"agle, CO 81631 Telephone: 970-328-8698 FaLSiluilC: ')70-328-7185 E -Mail: tob\.sprunkw eagdecouni \AIS W ith a cop1 to: Eagle County AttorneN 500 Broadwa,,, Post Office Box 850 Faldc. Co 816-11 Telephone: 970-328-868; I-acsinifle: 970-3-28-8699 E -Mail: anylt.4eaglecountyus CONTRACTOR: Jon Lenuel. MAI J.S. Lenuel & Associate.,,. Inc. P.O. Box 2082 Eagle, CO 81631 Telephone: (970) 328-731_337 E -Mail: I I Termination. County nia4 terminatc this Agreement. in whole or in part, at any time and for any reason. with or ss ithout cause. and \% ithout penalty tlicrcior %s ith scvcn cdictiddr dal S' prior %%riuen notice to the Contractor. Upon termination of this Agreement. Contractor shall immediately provide Count\ i,\ ith all documents 4 I iWIC COWM GcilcriO 'wrvicc, I mal 5 14 as defined in paragraph 9 hereof. in siich loirinai ii, Count-, ,,hall direct and shall rcturn all Count} owned materials and documents, County shall Pit\ Contractor for Services satisl`aotoril� performed to the date of termination, 12, Venue. Riri-s �'Cli - An} and all claim,,, disputes or controversies related to this Ag.rcernent. orbreach thereof, Shall be litigated in the District Court for Eagle Count\. Colorado, which shall be the sole and c\.clusive forum Ior such litigation. Thio Agreement shall be construed and interpreted tinder and shall be governed bv, tile laws of tile State of Colorado. I E\eculion bo -u Statures. Electronic igtiLres, This Agreement may be CWCUled ill two or more counterparts. each of which shall be deemed an original. but all of which shall constitute one and tile Sallie instrument. The parties approve the use of electronic signatures for execution of this Agreement- Onl\ the following two limns of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile deli% er\ of a fully executed copv of the signature page: (ill tile image of the Signature ot'an authorized signer inserted onto PDF formal documents. All documents must be properIN notarized. il'applicable. All use of electronic signatures ,,hall be governed by the Uniform Electronic Transactions Act, C-R.S. 24-71._i-101 to 121. 14. Other Contract Requirements and Contractor 1Zcpresentatiolz a. Contractor Ila-, larniliari/ed itself with the nature and c\teni of the Sery ices to fic provided hereunder and the Propertti. and �ti ith all local conditions. federal. state and local lag,,, ordinances. rules and regWlatiOTIS, that in arl% manner affect cost. progress. or pertorniance ofthe Ser\ ices, b. Contracior u ill make. or cause to he made, examfnatiuns, ill\ est i --al ions. and tests it, he deems necessary for the performance of the Scr\ ices, c, To the extent possible. Contractor ha,, correlated the results of such observations. C\anlfilations. investigations, tests, reports. and data with the terms at'(] conditions of this Agreement. d' Fo the extent possible. Contractor ha, given Cou"I\ written notice ot'ail conflicts, errors. or discrepancies. e Contractor Shalt be responsible I'01- the completeness and aCLurac,, of the Services and shall correct. at its sole expense, all si.onilicant error,-, and omissions ill performance of the Serices, File liact that the County has accepted or approved the Services shall not relieve Contractor ol'am ol'its responsibilities. Contractor Shall pertorin the Services in a skillful. professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractor-, pert'orming similar services. Contractor represents and warrants that it has the expertise and personnel necessar) to properl\ perform the Services and shall cotntpir with the highest standards ol'cuslonier service to the public. Contractor shall provide appropriate supero inion to it, eniplo\ees to ensure the Services are perfornied in accordance N+ ith this A-reenient. This paragraph ,hall sur\ iNe termination of this Agreement. f. Contractor agrees to work in art expeditious manner. within the sound exercise of its jud,-mient and professional standards. in tile perlonnance of this Agreement. Time is ofthe essence with respect to this 2". This Agreement constitutes an agreement for performance of the Services b\ Contractor as an independent contractor and not as, an emploNee ofCounts. 'nothing contained in this Agreement shall be deemed to create a relationship of'cinployer-emplo\ee. master -serum. parinership, joint venture or aw, other relationship 5 FA -"IC ( OL1111\ G1!l1e1;ll SMICC, F111!11 i 14 bevkk,ecn County and Contractor e\cepl that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and o%arranis that at all tint, III the PCI-f0I-IIIdrILC of the ScrN )Les, Contractor shall comply kkith any and all applicable lasts, codes, rules and regulations, i. 'Phis Aurecnient contains the entire agreement bem cen the parties t% ith respect its the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion ofthk Agreement i,\ ithout the prior "riven consent of tile Count. Am, attempt to ass ium this Agreement AithOUI such consent shall be wid. L This Agreement shall be hindint-, upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this agreement and all rights and obligations hereunder are reserved solely for the parties, and not it, any third party_ 1. No tailure or dcla\ h\ either party in Ilic exercise of any right hereunder shall constitute a kkaitier- thereof' No \\,at\ er orf an breach shall he deemed a "ai% er of'ati\ preceding or succeeding breach, M. The in%andit\, illegality or unenjoiceabihi\ of aw, provision ofihis Aureemem shall not affect the \Ldidii\ or enforceahility ofan, othcr pro\ ision her -col'. U- The ,wmatoric,, to this Agreement a\cr to their knots cd, -,e no emplmec of -the courm has an} personal or beneficial interest Miatsoe\cr in the Seri ices or Propert} described in ihi, Agreement. The Contractor has no heneficia I interest, direct or indirect, that could conflict in an} manner or deg rec k\i Ih the ie perforniance of' tile Services and Contractor shall not employ any per,on ha\ing such ULMIl interests. 0. The Contractor , it'a natural person eighteen riven (IS) \car, Ofage Or older. llel-eb\ skk cars and affirms under penalty of periurk that he or she (i) is a citizen or 01hemk ise lim I'Llik present in the I tilted States pursuant to federal last, (ii) 10 the e\tcl it apph�:ahle sha I I Lompl, \\n I I C,R,S 24-76,5- 10' prior tot the ctIecme date ofthis Agreement. 15. Prohibitions oil Go\ernment contracts. As used in this Section 15, the term undocumented individual \kill refer to those inJkidt.4111, IVOIll foreign countric, not legally within the United States as set forth in C.RS 8-17.5-10 1, et. seq. IfContractor has an} employees or subcontractors, Colitracior shall comply \t ith CRS- 8-1 1 01. Ct. sCLJ., and this Agreement. B,, e\ccutiorl of this Aurecincrit, Conlractor certifies that it does not knotit ingl) cilipio\ tit contract \k ith an undOCUrnented individual Who \% ill perform under this Agreement and that Contractor \kill participate in the E-Nerit4 Progratin or other Department oftaborand Employment program C -Department Program-) in order to confirm I eligibility of all t'I 11C employees \kilo are newly hired for employment 10 pert I orm Sm ices under this Agreement, a, Contractor shall not: i. Knowingh, employ or contract with an IIIIJOCLImented indi\ idual to perfoml Services tinder this Aoreemenu or it. Enter into a subcontract that fail,,; to certit', to Contractor that the subcontractor shall not knowingly employ or contract with an UndOCunicnicd individual to perform work under the public contract for services, 6 1 ifldt: ('0UMIN OCTICritl SCYOLO I trial 5 14 b. Contractor has confirmed the emplo\tile" I eli-IihiIitY ofaII employee, %%ho are new I\ hired for employment to perform Services under thk Agreement thrc+ug,h partiripat ioil in the L-VerilN Prouant or Department Progrartt, as administered by the United State, Department of Homeland Securitl. Information on applying for the E-verik prof -ram can be found at: ra!I'o ;ra a. ' C 113 .:.ita781.>tJ.sntn c. Contractor ,hall not use either the E-verif'\ program or other Department Program procedures to undertake pre-empio%tile tit screening of job applicants vOnle the public contract ff>r service, is beim_ performed. d. if Contractor obtains actual knot+ledge that a subcontractor performing %cork under the puhlic contract for services know invui% empioys or contracts \k fill in undocumented indiv ideal. Conu'actor shall be required ttt: i Notif% the subcontractor and Count% vt ithin three (3 ) da%s that Contractor has actual knowledge that the subcontractor is empIo\ing or contracting kkilh an undocumented indiN idual. and ii. Terminate the subcontract %kith the xrbcont'aemor if %cilhin three da%s of' recei%illz the notice required pursuant to subpara-graph sit of the paragraph (d} tite subcontractor doc> not ,top empiming or contracting %%fila the undocumented individual: eycept that Contractor ;hall not terminate the eonu1a%•t %%ith the subcontractor if during, such three (3}dales the subcontractor pro%ides infOrmaiion to establish that the subcontractor has not knov,ingly employed or contracted \k ill) an undocumented individual. C, Contractor shall comply %%fill am reasonable request b) the Department of tabor and E'.mplotirnent made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 9-17.5-102(5). f. if Contractor violates these prohihitiow,. County mat% terminate the Agreement for breach of contract. If the Agreement is so terminated .5pecificalk 1i,r breach of this provision of this Agreement. Contractor shall be liable 12%r actual and consequential dama,-�e, to Countv as tecluired by 1.7i Count} %kill notil} the Colorado Secretary r,t'Smiv if Contractor %iol:nes this nrokiston of this Aareeritent and Count% terminates the Agreement for -Lich breach. (f�i.SiCtFP.iGE1,+Tf:1'TIt7 tLL)`LfFTB1,f\Kj t o ale � arum iiencral \,cr%iss I real 5 14 FFN I: SSW I I FREOE the parties have executed This Agreement the dati and Near first set t'orth ahme, CONTRACTOR: J.S Lerwel &, ANzweii1o. Inc, Print Namc-1 COU\ TY OF EAGLE. STA -1 E Of- COLORADO, Il\ and Throuch Its COUNTY MAINAGER Rachel 0% N, Acting C ount\ 8 avlC C',Iujll\ (ivi)L:r 0 Nervices Final 5 14 EXHIBITA SCOPEOFY,RVICLS. �CHEDULE. FEES 1-a-Ic ( ounto ( icncral Scrx tcc, Fina! 14 J.S. LENGEL and ASSOCIATES, Inc. REAL ESTATE APPRAISERS and CONSULTANTS 'Mr, I ohN splunk Open '-,pace Dirtmor I-agle CouniN 6overnmeni P.(). Bm 850 Far� le, Colorado 41h 1 EXHIBIT IM, Real estate appraisal and Restricted I isA: Appraisal Report of all of (vvo parcels identified by the Lagle ( orml Assessor,s 011-1ce a� Parcel No. 2111-29-4-01 -001 and 2111-293-0 1 -rifl-1 as a singlo propene .lite property ill he appraised encompasses approximately 442 acres and is located along and cast ol'Valle% Road in Section 29: 1 ovoiship 4 South: Range V West it, the town ol'Gypsum. Magic County, Colorado. Dear Mr. `'prank, Pursuant to your request I ain happy to submit this engavernerri letter for the above relercncod .appraisal assignment. 'I tic appraisal and an.11% ses shall IV prepared for I aglc ('Ojjjjty and the I oyVil 'll, I A% J)"11111 34411h:\-1,�inpluyecs. and hoard mvmhers, (A the coricilt otrncrship of the subject Properit and their aLenwo auornevi) and 'it Cool it'll 14") in the staled niatier. "fhe purpose ol'thi: appraisal is as a basis Ibr negotiating it price for tile IL -C "611111C pur-Lita-W (it tile pr(,)pert\ by F.aglc Comm possibly using (Hien Space. Tottir, and,or 6000 funds. No other U-SCY', Or LNeS are expressed or implied. My written authorization is to IV 4ou.ghl and grattled before releasing the report 10 aliv parties not noted above and Air 110 assiwiatcd %k ith (tic above stated use. 'I he purpose of tile appratsal is ill providc all Opinion of the Market Value of 100 fAlvircent ot'llic I'ec siruple interest in the sub ' ject property, the mark -el valuation will be pursued through the sales comparison approach. il'applicable sales are located, anti the developmental approach and will consider the appuricoant water rightN. In the &tCIOJIMCIIWI al)IIIIIaLlf the as>urrled 4w, will he valued uritoI comparable sales (d both vacant developed lot,, and new wine a ratio analysis. 11w le -al property appraised still be tho fee simple estate, subject to cilsellients, enfroachmenp, conditions, c(A'Clialit's, dMaralitAFIN and deed restrictions. il'am Fire propert\ "ill be appraised ,ssunlio2 there is fill environmental conlaminat il All Neither tit\ employment nor Fil\ colupcilsamill will in any Vva-\ he contingent ul-won the development Or reporting of predcrennined value or dircclion in value that favors the Cause Of file Client(Sf, the amount of the value Opinion, the attainment of ;I stipulated result. or the OCCUrience of a subsequent event directly related to the micrided use (it Oil, appraisal. Ilse value estimate it i I I be reached without collaboration or com pt ds it An The reported analyses, opinions. and conclusions tvill he developed in confort-niv, with Standards, Rule 2-1 arid the report will he prepared tit conlorinitv with Standards Rule 2-2 of the I)mlorm 'Standards of Prote,,,,sional Appraisal Practice (IISPAP), \01)(1k)( tioll the Code ofPrutessiunal 1-thicsofthe Appraisal ItIS1001V I anticipate completing g tile appraisal anti pi-midingy-ou\Nith a Restricted (Ise Appraisal Report (ill orahout Januar\ 30, 2015. 1 v011 make every effort to complete the assignment and report earlier: however, no assurlint-v ()t'carl\ completion can he made I can only complete the appraisal and report in a timely manner if I recei% e expediti, risk any rclet ant information needed lor lite preparation ol'ifte appraiNal assignment and report that I may request at a later date. I will litimish you wrill one electronic Copy tit die Appiai-.,al Report. M\ fee for the previously stated appraisal as,,ivnment and associated summary appraisal report will he tit) less than %3.000 and not more than !it -1.000. 1 lie appraisal I& includes the cost ot,cerlaill expenses that Irm be incurred in the prepar-alion of the assignments and the rel-k-Aris Jonathan S. Lengri, " P.0 Box 2082, Eagle, Colorado, 81631-2082.(9-,D) 328-7337 Januar} 7, 1015 Page 2 Page none are anticipated for this assignment, the tee does not include the costs ol'other prolcw.,,ionals, such as title agents, engineers, planner.;, attorneys, etc. who might he necessary Should I deem it neccssarx to retain other professionals, Nlour approval will be requested and needed before doing so. Any approved professionals are to he retained and compensated by you unless other arrangements are made. An bourly rate of $125J10 will be charged for work Pet-torTned OASidC the SLoIv ol'the appraisal. Additionally, it'prior to completion the appraisal assi.grunent is, cancelled, the same hourly rate will apply for the work completed previous to the time of cancellafion, Please include a copy of this letter in the formal contract. It'Nou have an-, questions about an\111ifiv, contained in this letter, please contact me at the address or phone number listed at the bottom of my letterhead_ Respectfullysubmitted, Jonathan S. Len2el. MAI Certified (jeneral Appraiser No. L'601313125 JSL EXHIBIT B INS[ IRANCE CE R 1-1 F IC AIE f auric coulm ( iclival '%cn l'o Final 5,14 Your E & 0 Polio From: wug <wug@neacelukens.com> To: zconnv <zronnv@netscape. net> Subject: Your E & 0 Policy Date: Wed, Dec 31 2014 11:06 am EXHIBIT flme I of I hups And I AoL com/3 8 865-418, acil -6'en- us; mai ITrint.Message.aspx 1/7/2015 ZURICH AMERICAN INSURANCE COMPANY CERTIFICATE OF INSURANCE We've issued this certificate of insurance as a matter of information only. It names the real estate licensee who qualifies as a protected person under the below mentioned state's Real Estate Licensee Professional Liability Protection -Claims- Made Insuring agreement. It also lists the coverage effective date, coverage expiration date, and the limits of liability that apply to the licensee named in this certificate. This certificate does not grant the holder or licensee named in the certificate any rights. Nor does it amend, extend, or alter the coverage provided by the policy identified below. LICENSEE -) The coverage provided under the insuring agreement is written 4 LICENSE NUMBER: 40000590 JONATHAN S LENGEL PO BOX 2082 EAGLE. CO 81631-2082 COLORADO REAL ESTATE - ERRORS & OMISSIONS INSURANCE POLICY NUMBER: EOC 9827639 02 YOUR COVERAGE EFFECTIVE DATE: 01101/14 YOUR COVERAGE EXPIRATION DATE: 01101115 YOUR RETROACTIVE DATE: 04101107 CERTIFICATE NUMBER. 12-09269 de basis — read your policy carefully. Program Administrator: Williams Underwriting Group A Division of Assured NL Insurance Agency Inc 2325 Green Valley Road Ste 205 New Albany IN 47150 Telephone, 800-222-40351 Insurance Company Zurich American Insurance Company 1400 American Lane Schaumberg IL 63196-1056 Type of Insurance Limits/Deductibles Coverage A: Real Estate Brokers Professional Liability Each per claim limit: Aggregate Limit'. Each Claim deductible - Coverage B: Lock Box Property Damage Liability Each per claim limit: Aggregate Limit: Each Claim deductible: Coverage C: Fair Housing Discrimination Liability Each per claim limit: Aggregate limit: Each Claim deductible Endorsements that also apply: $500,000 $1,000,000 $1,000 $100,000 $300.000 $o $25,000 S25,000 S1,000 INCREASED LIMITS OF LIABILITY U -REL -927-A CO (I Oil 1)APPLIES LICENSED APPRAISAL ENDORSEMENT U -REL -923-A CO 00/1 1)APPLIES Premium (This is not a bill) $100300 A ' ALL PREMIUMS ARE FULLY EARNED ONCE COVERAGE GOES INTO EFFECT, TEN (10) DAYS WRITTEN NOTICE WILL BE GIVEN FOR CANCELLATION DUE TO NON PAYMENT OF PREMIUM, U -REL -935-A CO (10111)