CN-370000-PL301-T11.pdf

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Master Agreement FL|PL301|d2fa9af36f5a2d4ad9e2cb7fa7697f21
Contract number
PL301
Issued by
Florida

About this file

Summary

This is a Task Assignment Notification Form issued by the Florida Department of Environmental Protection (DEP), Division of State Lands, Bureau of Appraisal, for an indefinite delivery appraisal services contract. The document assigns appraisal services to Catlett & Company, Inc. d/b/a Trigg Catlett & Associates, represented by Frank Catlett, MAI, SRA. The property owner is Kanter Real Estate, LLC, located in Broward County, Florida. The assignment is managed by DEP Contract Manager Jay F. Scott and DEP Designated Task Manager Julie Story. The contract operates under DEP Contract #PL301, with this specific task assignment numbered 11 and Bureau of Appraisal File #19-8044.

The assignment requires the contractor to estimate the current market value of the subject's encumbered fee interest "as is" for approximately 20,000 acres of jurisdictional freshwater emergent wetlands with sawgrass coverage. The property consists of three non-contiguous parcels encumbered with a South Florida Water Management District flowage easement dating to 1950. The fixed-price total fee is $27,500.00, with a cost reimbursement not-to-exceed amount of $7,500.00 for expert subconsultants if needed. The appraisal must be delivered within 35 to 45 days and include an executive summary, appraisal checklist, and two hard copies plus digital PDF versions. The appraiser must analyze highest and best use while considering the owner's allegations regarding potential oil, gas, and mineral deposits, and must deliver an independent market value estimate based on Uniform Standards of Professional Appraisal Practice and Supplemental Appraisal Standards for the Board of Trustees.

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Florida Department of Environmental Protection Division of State Lands

Bureau of Appraisal

ATTACHMENT A

TASK ASSIGNMENT NOTIFICATION f ORM

DEP Contract#: PL301 I Task Assignment: I 1 I I BA #: I 19-8044

Project Name: Kanter - Broward Co - ± 20,000 acres

Owner's Name/Parcel Kanter Real Estate, LLC County: Broward

Contractor's Name: Catlett & Company, Inc. d/b/a Trigg Catlett & Associates/

Contractor's Representative: Frank Catlett Phone #:

DEP Contract Manager: Jay F. Scott Phone#:

DEP Designated Task Manager: Julie Story Phone #:

Task Assignment Completion Date: j Upon transmittal of an approved Appraisal Report

Task Description:

For Appraisal Services:

I BLA#: I

(813) 254-5700

(850) 245-2667

(850) 245-2653

The Contractor's invoice must be submitted to the Designated Task Manager or Contract Manager and contain the fo llowing for Fixed-Price Deliverables: Invoice Number, Contractor's Name, Contract Number, Task Assignment Number, Project Name or Bureau of Appraisal (BA) File Name, BA File Number, Date Work Began, Date Work Ended, and Amount of Fee payable as agreed and allocated in the amount of 100%. Invoice payments do not start until the latter of the date a proper and correct invoice bas been received or services provided are received, inspected and approved. Invoices which are returned to the Contractor for correction will result in a delay in payment.

Failure to adequately respond in writing to the Department of Environmental Protection (DEP) Fee Review Appraiser or DEP Contract/fask Manager, within four working days, may result in a one-percent of the total fee penalty per day.

The date and time of the site visit must be communicated, in writing, to the DEP Task Manager at least three business days in advance of the inspection.

Prior to contracting, a signed and notarized affidavit is required of the Fee Appraiser acknowledging no vested or fiduciary interest in the property that is the subject of this task assignment.

Provide an electronic document (work for review), preferably an Adobe® PDF® or a Microsoft® Word® document, to the BA on or before the due date. The document must allow all editing and commenting functions found in the two software programs identified in the previous sentence. The work for review will not include the following appraisal assignment elements: Date of Report, Date of Certification and Signatures. The work for review will be reviewed by the BA and possibly a Fee Review Appraiser (pursuant to; 253.025(8)(b), Florida Statutes (FS); or 18-l.007(5)(a), Florida Administrative Code, (FAC).

DEP Contract#: PL301 Task#: 11 BLA #: Pa e 1 of3 Revised: 07/19/2018

ATTACHMENT A

TASK ASSIGNMENT OTTFICATTON fORM

The \\Ork for review is to include an r xccutivc Summary for each parcel appraised a nd an Appraisal Checllist as well as other requi~ments for the appraisal format as stated in Section B. page 13 of the Supplemental Appraisal Standards for the Hoard of Trustees.

Upon approval by the Chief Appraiser (pursuant to 18-1.002( 4 ), FAC) or designee, p rovide a digital copy o f the Appraisal Repon el~ctronically and on CD or DVD to the BAS Designated Task Manager.

Refer to Exhibit I for other infonnation pertini!nl to this appraisa l assignment.

Fees and Start Date:

Fixed-Price Total: $27.500.00

I Fee Schedule Not to Exceed Total: ----- -4-------- ----- ------ ~- Cost Reimbursement Not to Exceed Total: $7,500.00

., Starting Date_:_ ___ ____ _ _ _,L....U_ po_a_ Exccution o f this Task Assignment

Si natures:

LJ..v, ~ i.\ • > J ~ :s.;; <. +t

DEP Contract Mana ,er: - - h '-- v--- Oatc:

DEP Fundin Authorit 1 : Date:

DEP Contractual Authori Date:

Date: lo

Fuodin Information:

Project Funding Source: LA TF ~ Organization Code#: J 101000000 Fund#: 423001 Category: - - --t-0:-::3-:-0-00-0- - - - -+-E-x-p.- O- p-t-.:-+-Q-F.-. - --- ....-- --L-in-c-#: N/ A ~--------~ ..--- ______ _._ _____ _._ __ _, BE Code: 37100400 Year: 00

OCA Module: NIA Object Code #: I 34400 Project#: NIA ~-- --------+---- --'------ -''----- - '-----!

FLAIR Accounting Code: 37202423001371004000003000000 __ ...___ _______ _

Cc: Contracts St!c:tion

DEP Cnntract #: Pl 301 Rc, ised: 07/ 19/2018

!~T_as_k_#_: _11 ___ _ _.._l_;;;;_BLA #:

EXHIBlT l

TASK ASSIGNMENT NOTIFICATION FORM

8/ A File Name: Kanter - Broward Co - ± 20,000 acres I 8/A File #: I 19-8044

County: Broward

Fee Appraiser's Name: Frank Catlett

DEP Contract#: PL301 I Task Assignment#: I 11

DEP Contract #: PL301 Task#: 11 BLA#: Pa e 3 of3 Revised: 07/ 19/20l8

Exhibit "A"

Project Identification: Kanter - Broward Co - ± 20,000 acres

BIA File Number: 19-8044

Primary County: Broward

Applicant: FDEP OGC

Applicant's Representative: Scott Woolam, Sr Program Analyst, DSL

Ownership: Kanter Real Estate, LLC

Owner' s Representative: Charlie Dudley, 850-681-0024, cdudley@flapartners.com

Property Description: 100% wetland, sawgrass flats

Lmprovements: None

Legal Description: Lengthy, numerous tax parcels

Client: Bureau of Appraisal, Division of State Lands

Intended User: The client and FDEP OGC

Purpose & Intended Use of the Appraisal Report: Internal Decision Making by OGC

Interest Appraised:

D Fee Simple

D Lease

[2l Other (describe): Fee estate as encumbered by SFWMD Flowage Easement

Applicable Appraisal Standards:

[8J Uniform Standards of Professional Appraisal Practice

[8J Supplemental Appraisal Standards for the Board of Trustees

0 Uniform Appraisal Standards for Federal Land Acquisitions

Report Format:

[8J Narrative, Single Parcel Ownership, Appraisal Report

D Narrative, Multiple Parcel Ownership, Appraisal Report

D Narrative, Restricted Report

0 Other (specify):

\ 8 / A #: 19-8044 Page 1 of3 !

Exhibit "A"

Five year history of 6tle to be furnished by:

0 State cg] Fee Appraiser

0 Waived

Other Considerations: The assignment is to estimate the current market value of the subject property, "as is". based on its highest anti best use. fully examining the physical possibility, legal permissibility. financial feasibility and the maximally productive uses of the subject ±20,000 acres, to any private party but specificalJy not the Investment Value or Value in Use to a specific buyer or the current o~ncr. Potential bu) ers \\:Ould be a~are of an existing stud) indicating that commercial quantities of Oil. Gas or Mineral deposits may exist under the surface of the subject property, and reflect whatever impact that may or may not have on the subject's market value.

Attachments:

D Survey

D Appraisal Map

• Plat Map

• Sketch 0 True/Property Card

[8'.I Location Map: 4 from SFWMD cg] Other (specify): Owners Appraisal reports (2)

Acquiring Agency: State Agency - TBD

Number of Days for Delivery: 35 to 45 days

Selected Appraiser:

Appraisal Fee:

Expert Subconsultants:

! B/ A #: 19-8044

Frank Catlett, MAI, SRA

Trigg, Catlett & Associates, Inc.

3800 Bay to Bay Boulevard, Suite 23

Tampa, FL 33629-6844

813.254.5700 (Office)

813.254.5750 (FAX)

561-371-7675 (Cell)

$20,000

$7,500 (Not to Exceed, if needed)

Page 2 of3 I

Scope of Work

Exhibit "A"

This assignment is to estimate the current Market Value of the subject's encumbered fee interest. "as is", based on the Highest and Best Use of the approximately 20,000 acres of jurisdictional wetlands.

The property is currently owned by Kanter Real Estate, LLC., and has been under Kanter Corporation and Kanter Real Estate, LLC. ownership for decades.

The subject is located just south of Interstate 75, and 4.5 miles west of US 27 /Krome Avenue, just north of the Miami-Dade County line within the Everglades Wildlife Management Area (E-WMA) of western Broward County, Florida. The tracts are undeveloped and consist of freshwater emergent wetlands with sawgross coverage.

The :tl0,000-acre ownership consists of three (3) non-contiguous parcels, and all three (3) are encumbered with a South Florida Water Management District (SFWMD) flowage easement that was put in place by SFWMD's predecessor, the Central and Southern Florida Flood Control District, dating back to 1950.

There are two (2) appraisal reports of the subject property that were prepared for the owner that will be made available for the appraiser to review.

The owner alleges that there are commercially viable oil and gas reserves under portions of the ±20,000 acres, and an Administrative Judge in Broward County has ordered that the state issue a permit to perform oil and gas exploration. No county or federal approvals or permits have been granted allowing oil or gas exploration or extraction operations. There is a speculative Evaluation Study of the Kanter Property by MHA Petroleum Consultants based on subjective analysis of some historic data of the area. but there are no proven oil or gas fields on (under) the subject property. This study will be made available to the appraiser for review.

The owner also alleges there are significant deposits of limerock under portions of the ±20,000 acres. No county, state or federal approvals or permits have been granted allowing mineral exploration or extraction operations. We have not seen any studies or analysis to support the presence of commercially viable limerock deposits. There is also Third Florida District Court of Appeal's opinion that found that the mining of limestone was not allowable under the terms of the similar flowage easement on a property located in the same area as the Kanter Property. The owners of the Kanter property believe that case is distinguishable and therefore the mining of limestone can take place on the property.

The appraiser is expected to analyze the property based on its highest and best use, fully examining the physical possibility, legal permissibility, financial feasibility and the maximally productive use of the subject ±20,000 acres, "as is", to estimate the "Market Value" (as defined in the Supplemental Appraisal Standards for Board Of Trustees, 2016 Edition) to any private party and not the Investment Value or Value in Use to a specific buyer or the current owner.

The appraiser is encouraged to talk openly with t he owner, their representatives and their consulting appraiser, to hear and consider their thoughts, ideas, value assumptions, pertinent sales data, and any other factual data about the property. The appraiser will consider all data provided and collected on his own, reconcile said data and information, and conclude to an independent estimate of the subjects Market Value.

The appraiser will deliver 2 final hard copies of the report, transmit one PDF version of the final report, and one PDF version of the final report burnt to a CD.

I BIA #: 19-8044 Page 3 of3 I

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Mao ProduO.:, on Date SOC/2019 1 1!li 26 PM

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•• THJS AFFIDAVIT TO BE COMPLETED AND RETURNED u

AFF ID AVIT

PROJECT: Kanter - Broward Co - ¾ 20,000 acres

COUNTY: Broward

BIA F ILE NO.: 19-8044

I hereby certify that I have no vested or fiduciary interest in the captioned pr~ject.

Sworn to and subscribed before me this \ <:&

I ~~m~~~"••••~-~ HEATHER LYNN FUENTES f. : . ! Nota,y P~bflc • State of Florida "':."- ,s: Commission II FF 9971 45

--~, 'ii:..,~ '•,f.,<r,,:,\,••••• My Comm. Expl11s Jul 25, 2020

0 4-Affida 11i1 Rev. 12fl/201 5

Printed Name

~~~A~ Notary Public State of Florida

File details come from the government source that posted it. Updated .