CTR054968_Contractor_Proposal.pdf

PDF 10 MB Posted

Attached to
Master Agreement AZ|CTR054968
Contract number
CTR054968
Issued by
Arizona

About this file

This document is a comprehensive appraisal report prepared by J. Douglas Estes of Landpro Valuation for the City of El Mirage, Arizona, involving a partial acquisition of a mixed-use commercial and warehouse property located at 11926 and 12002 West Thunderbird Road. The appraisal was conducted for the Arizona Department of Transportation (ADOT) and Tierra Right of Way, with the purpose of determining just compensation for a proposed right-of-way acquisition and temporary construction easement for roadway improvements.

The property, owned by Edgar O. Medina and Luz M. Medina, consists of 25,200 square feet of land improved with two retail buildings and a warehouse building, currently leased to five tenants. The proposed acquisition involves 3,082 square feet of right-of-way and a 700 square foot temporary construction easement. The appraisal utilized three valuation approaches (cost, sales comparison, and income) to conclude a total market value of $810,000, with the recommended just compensation for the partial acquisition being $415,500. The report details the property's characteristics, market analysis, and the potential impacts of the acquisition on the remaining property, including severance damages and a potential partial cost-to-cure strategy.

View the file

Other files

Show all 12

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Procurement

OFFER AND ACCEPTANCE

Solicitation No: BPM002912 Available online at https://app.az.gov

Rev 04/2020

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

Landpro Valuation

Offeror (Company) Name Signature of Person Authorized to Sign Offer

1128 East Greenway Street, Suite 104

J. Douglas Estes November 5, 2020

Address Printed Name Date

Mesa, Arizona 85203

Principal

City State Zip Title doug@landprovaluation.com

480-247-6846

Email Address Phone Number

None

Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number ____________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date https://app.az.gov/ mailto:doug@landprovaluation.com mailto:doug@landprovaluation.com

PARTICIPATION IN BOYCOTT OF ISRAEL

SPO Form 205 (rev 10-2019)

Boycott of Israel Disclosure Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the

“Exempt Solicitation, Contract, or Contractor” option below:

• The Solicitation or Contract has an estimated value of less than $100,000;

• Contractor is a sole proprietorship;

• Contractor has fewer than ten (10) employees; OR

• Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. §35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. §35-393.03.

In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:

The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

☐ The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq.

Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

☐ Solicitation or Contract has an estimated value of less than $100,000;

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or

☐ Contractor is a non-profit organization.

Company Name Signature of Person Authorized to Sign

1128 East Greenway Street, Suite 104

J. Douglas Estes Address Printed Name

Mesa Arizona 85003

ADOT CONFIDENTIALITY AND TRADE SECRETS

Rev 04/2020

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract.

Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

__X __ My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

1128 East Greenway Street, Suite 104 J. Douglas Estes

Address Printed Name Mesa Arizona 85203 Principal

ADOT CONFIDENTIALITY AND TRADE SECRETS

R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential".

Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

NON-COLLUSION AFFIDAVIT

State of Arizona

County of )

J. Douglas Estes

) ss the of

(Affiant)

Principal

(Title)

Landpro Valuation

(Contractor) the persons, corporation, or company who makes the accompanying Proposal, having first been duly sworn, deposes and says:

That such Proposal is genuine and not sham or collusive, nor made in the interest or behalf of any person not herein named, and that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the

Bidder has not in any manner sought by collusion to secure for itself an advantage over any other Bidder.

Subscribed and sworn to before me this

(Signature)

Principal

{Title)

Day of _ C) cloV) _, 20 "Lo

Signature of Notary Public in and for the County of. /J(A

State of

MICHELLE L SOBIE

Notary Public - Arizona

Maricopa County Commission # 579767

My Comm. Expires Jan 28, 2024

Solicitation No: BPM002912 Available online at Page 1 of 1 https://aDp.az.gov

ADOT LOBBYING CERTIFICATE

SOLICITATION NO: BPM002912 Available online at https://appstate.az.gov/

ARIZONA DEPARTMENT OF TRANSPORTATION

LOBBYING CERTIFICATION

CERTIFICATION FOR FEDERAL AID CONTRACTS

Applies to: Federal-aid contractors, and consultants, as well as lower tier sub-contractors and sub-consultants

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly.

November 5, 2020

SIGNATURE DATE

TITLE

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See next page for public burden disclosure.)

1. Type of Federal Action:

2. Status of Federal Action:

3. Report type:

a. Contract

b. Grant

c. Cooperative agreement

d. Loan

e. loan guarantee

f. loan insurance

a. bid/offer/application

b. initial award

c. post-award

a. initial filing

b. material change

For Material Change Only:

year quarter date of last report

4. Name and Address of Reporting Entity:

Prime Subawardee

5. If Reporting in No. 4 is a Subawardee, Enter Name and

Address of Prime:

Congressional District, if known: Congressional District, if known:

6. Federal Department Agency:

7. Federal Program Name/Description:

CDFA Number, if applicable:

8. Federal Action Number, if known:

9. Award Amount, if known:

10.a. Name and Address of Lobbying Entity

(if individual, last name, first name, MI):

b. Individuals Performing Services

(including address if different from No. 10a)

(last name, first name, MI):

11. Amount of Payment (check all that apply):

13. Type of Payment (check all that apply):

actual planned

a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other, specify

12. Form of Payment (check all that apply):

a. cash

b. in-kind; specify nature value

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuations Sheet(s) SF-LLL-A attached Yes No

16, Information requested through this form is authorized by title 31 U..S.C. section

1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the ties above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.:

Date:

Federal Use Only

Authorized for Local Reproduction

Standard Form - LLL

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.

Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. This is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include

Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, bans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in hem 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid

(IFB) number; grant announcement number; the contract, grant, or ban award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001".

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in hem 4 to influence the covered

Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered.

Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet (s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348~046), Washington, D.C. 20503.

DISCLOSURE OF LOBBYING ACTIVITIES

CONTINUATION SHEET

Reporting Entity:

Page of

ECS - Form 90-3

BUY AMERICA CERTIFICATION - FHWA

A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on FHWA funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement applies to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 23 U.S.C 313 - The bidder or offeror hereby certifies that it will meet the requirements of 23 USC 313 and the applicable regulations in 23 CFR 635.410

November 5, 2020 Signature________________________________________________ Date _____________________

Landpro Valuation Company Name_____________________________________________________________________

Principal Title ______________________________________________________________________________

PRICE INCREASE PERCENTAGES

Rev. 04/2020

The offeror should use the space below to identify the maximum price increase percentage that they may want to request at the time of renewal if ADOT exercises its option per the applicable provisions under any resultant contract(s).

1st Renewal Period ________5__________% Maximum Increase

2nd Renewal Period _______ 5__________% Maximum Increase

3rd Renewal Period ________5__________% Maximum Increase

4th Renewal Period ________5__________% Maximum Increase

The offeror is cautioned that each renewal period’s increase percentage shall be computed against the ORIGINAL contract price. If information is not provided in the space above, prices shall remain the same as the original contract term. Please see the following example for further clarification.

Example: If the offeror anticipates requesting a 2% increase at each renewal period per Special Terms and Conditions, they should enter 2%, 4%, 6%, and 8% in the attachment. Each percentage increase is calculated using the original contract price.

See example in table below.

Renewal Period

% Maximum Increase from Attachment

Original Contract Price

Maximum Increase Allowed

Maximum Contract Price

1 2% $100.00 $2.00 $102.00

2 4% $100.00 $4.00 $104.00

3 6% $100.00 $6.00 $106.00

4 8% $100.00 $8.00 $108.00

Furthermore, the offeror is advised that the State of Arizona does not automatically grant any increase when renewing the contract. If an increase is requested, documentation of need must be provided at the time of renewal.

From: ADOT Business Engagement and Compliance Office <AZUTRACS-Support@azdot.gov> Sent: Thursday, October 22, 2020 11:11 AM To: doug@landprovaluation.com Cc: ContractorCompliance@azdot.gov Subject: Bidders List for Landpro Valuation

Landpro Valuation, AZUTRACS Number: 15677 has submitted a Bidder/Proposer list for BPM002912 on 10/22/2020 at

11:10 AM MST (UTC - 07:00).

Landpro Valuation submitted a blank bidders/proposers list. This means that they did not list any firms that they reached out to or were contacted by during the preparation of this bid/proposal. NOTE: Subbing out work is encouraged, where applicable. Under some circumstances, no subbing opportunities are available.

AN APPRAISAL REPORT OF

A partial acquisition of a mixed use commercial and warehouse property On 25,200 net square feet of land located at

11926 and 12002 West Thunderbird Road in El Mirage, Owned by Edgar O. Medina and Luz M. Medina

Assessor’s Parcel Numbers 501-26-039, 040 and 089

PREPARED FOR

Mr. Jorge Gastelum, PE

Director of Development and Community Services/City Engineer City of El Mirage

12145 NW Grand Avenue El Mirage, AZ 85335

EFFECTIVE DATE OF THE APPRAISAL

April 16, 2014

PREPARED BY

J. Douglas Estes, MAI, SR/WA Landpro Valuation

444 South Greenfield Road Mesa, Arizona 85206 www.landprovaluation.com

FILE NUMBER

14.0054

I, J. Douglas Estes, performed the primary appraisal analyses and determined the final valuation and compensation conclusions in this submitted appraisal report.

douge Highlight

May 30, 2014

Mr. Jorge Gastelum, PE Director of Development and Community Services/City Engineer City of El Mirage 12145 NW Grand Avenue El Mirage, AZ 85335

Re: An appraisal report of a partial acquisition of a mixed use commercial and warehouse property on 25,200 net square feet of land located at 11926 and 12002 West Thunderbird Road in El Mirage, Arizona Landpro Valuation File Number 14.0054

Dear Mr. Gastelum:

At your request, I have appraised the above-referenced real property. The objective of this appraisal is to provide an opinion of the recommended just compensation for a proposed partial acquisition of the subject property. The intended users of this appraisal are Tierra Right of Way and the City of El Mirage. The intended use of this appraisal is in acquisition negotiations and possible eminent domain proceedings and should not be used for other purposes.

As a result of my investigation and analysis, it is my opinion that the recommended just compensation for the partial acquisition, as of April 16, 2014, is:

FOUR HUNDRED FIFTEEN THOUSAND FIVE HUNDRED DOLLARS*

($415,500)

*Extraordinary Assumptions: This appraisal is based on the following extraordinary assumptions:

1. In forming my opinion of value, I have disregarded any increase or decrease in the estimated market value of the real property to be acquired, prior to the effective date of valuation, caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than due to physical deterioration within the owner’s reasonable control.

2. The partial cost to cure estimate in this appraisal report is based on a general description of the work to be completed and cost information from Marshall Valuation. Although this is a generally reliable methodology for estimating the cost to cure, the actual design of the cure and actual construction costs can vary

Jorge Gastelum significantly. This appraisal is based on the extraordinary assumption that the partial cure is completed as described in this report and that the Marshall Valuation cost data is reflective of the work completed. If a more precise design and cost estimate are required, I recommend obtaining information from a licensed contractor.

3. The sign located in the acquisition area will require relocation. Based on my discussions with Bootz and Duke Sign Company, older signs often cannot be relocated due to changes in sign codes. The relocation cost for the sign is based on the extraordinary assumption that the City of El Mirage will allow relocation of the existing sign.

Use of these extraordinary assumptions may have affected the assignment results.

This valuation is based upon the attached report and all of the assumptions and limiting conditions contained therein, including the understanding that I have no control of the use to which the report may be put by a subsequent reader of this report. Disclosure of the contents of this appraisal report is governed by the Bylaws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which he is connected, nor any reference to the Appraisal Institute or the MAI designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without prior written consent and approval of the undersigned.

I refer the reader to the Underlying Assumptions and Limiting Conditions. I am not qualified to determine the presence of hazardous substances as they affect the site.

This would include, but not be limited to, toxic chemicals, asbestos, radon gas, methane, etc. Unless otherwise stated, the site is assumed to be unaffected by these substances.

I certify, to the best of my knowledge and belief, that:

1. The statements of fact contained in this report are true and correct.

2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions and conclusions.

3. I have no present or prospective interest in the property that is the subject of this report and no personal interest or bias with respect to the parties involved.

4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.

Jorge Gastelum

5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

6. My engagement in this assignment was not contingent upon developing or reporting predetermined results.

7. My compensation for completing this assignment was not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.

8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP).

9. I have made an on-site inspection of the property that is the subject of this report.

10. Gina Cannova Phalen provided significant real property appraisal assistance to the person signing this appraisal. No other person provided significant real property appraisal assistance to the person signing this certification.

11. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute.

12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

13. As of the date of this report, I have completed the continuing education program for

Designated Members of the Appraisal Institute.

I appreciate the opportunity to assist you.

Respectfully submitted, J. Douglas Estes, MAI, SR/WA Certified General Real Estate Appraiser Certificate Number 30821, State of Arizona Expires October 31, 2015

TABLE OF CONTENTS

SUMMARY OF APPRAISAL

ASSUMPTIONS AND LIMITING CONDITIONS

INTRODUCTION AND SCOPE OF THE APPRAISAL

MARKET AREA ANALYSIS

SITE DESCRIPTION

IMPROVEMENT DESCRIPTION

HIGHEST AND BEST USE ANALYSIS

VALUATION

COST APPROACH TO VALUE

SALES COMPARISON APPROACH TO VALUE, AS IMPROVED

INCOME CAPITALIZATION APPROACH TO VALUE

RECONCILIATION AND FINAL VALUATION ESTIMATE

PARTIAL ACQUISITION

EMINENT DOMAIN VALUATION

ADDENDA

SUBJECT PHOTOGRAPHS

TITLE REPORT – SCHEDULES A AND B

ACQUISITION EXHIBITS

ZONING DESCRIPTION

INSPECTION LETTER

APPRAISER’S QUALIFICATIONS

Landpro Valuation File Number 14.0054 Page 1

SUMMARY OF APPRAISAL

Type of Property: The larger parcel is 25,200 net square feet of land improved with two retail buildings, a warehouse building and associated site improvements.

Location: 11926 And 12002 West Thunderbird Road, and

13802 North Luna Street, which places the property at the northwest corner of Thunderbird Road and Luna Street, in El Mirage, Arizona

Assessor's Parcel Number(s): 501-26-039, 040 And 089

Objective of the Appraisal: To provide an opinion of the recommended just compensation for the proposed acquisition

Intended Use: Acquisition negotiations and possible eminent domain proceedings

Intended Users: Tierra Right of Way and the City of El Mirage

Client: Tierra Right of Way and the City of El Mirage

Owner Contact: I inspected the property with the owner (Edgar

Medina) on April 3, 2014.

Site Areas:

Larger Parcel: 25,200 Square feet/0.5785 acre Right of Way Acquisition: 3,082 Square feet/0.0708 acre Remainder: 22,118 Square feet/0.5078 acre

TCE: 700 Net square feet/0.0161 acre

Flood Zone: Flood Zone X

Zoning: UC (Urban Corridor). The property is also located within the AI-1 (Airport Impact Overlay Zone Area 1), TROD (Thunderbird Road Overlay District), City of El Mirage.

Landpro Valuation File Number 14.0054 Page 2

Building Areas:

Market Building: 2,900 Square feet Retail Building: 777 Square feet Total Retail Buildings: 3,677 Square feet Warehouse Building: 6,656 Square feet Total All Buildings: 10,333 Square feet

Highest and Best Use:

As If Vacant: Development of a commercial use As Improved: Continued use as a mixed use property

Final Conclusion of Market Value:

Larger Parcel, As Vacant: $126,000 Larger Parcel, As Improved: $810,000 Land Acquisition: $ 15,410 Improvements Acquisition: $ 6,164 Total Acquisition: $ 21,574 Partial Cost to Cure: $124,994 Damages, After Partial Cure: $263,426 Minor Improvements: $ 5,000

TCE: $ 350

Recommended Compensation: $415,500 (Rounded)

Date of Inspection: April 16, 2014 and prior and subsequent dates

Effective Date of the Appraisal: April 16, 2014

Date of Report: May 30, 2014

Landpro Valuation File Number 14.0054 Page 3

ASSUMPTIONS AND LIMITING CONDITIONS

1. The partial legal description for the larger parcel provided by the client as part of the title report and the legal description for the acquisition provided by the client as part of the acquisition exhibit are assumed to be accurate. I assume that the subject property is correctly identified in this report.

2. I was provided with a title report for a portion of the property, however, was not provided with a survey for the subject property. This appraisal assumes that any easements affecting the site are apparent based on my inspection and/or disclosed in the title report.

3. Title to the property is marketable, free, and clear of all liens.

4. The fee simple estate in the property contains the sum of all fractional interests that may exist.

5. The property is appraised as if owned in fee simple title without encumbrances, unless otherwise mentioned in this report.

6. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined and considered in this appraisal report.

7. It is assumed that all required licenses, certificates of occupancy, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based.

8. Responsible ownership and competent management exist for the property, unless otherwise stated.

9. The appraiser is not responsible for the accuracy of the opinions furnished by others and contained in this report, nor is he responsible for the reliability of government data used in the report.

10. Compensation for appraisal services is dependent only upon the production of this report and is not contingent upon the values estimated.

11. This report considers nothing of a legal character, is not considered to be a legal document and the appraiser assumes no responsibility for matters of a legal nature.

12. Testimony or attendance in court may be required by reason of this appraisal.

Landpro Valuation File Number 14.0054 Page 4

13. Hidden defects within the materials of the structures, property or subsoil or defects which are inaccessible to normal inspection, are not the responsibility of the appraiser.

14. Information furnished by the property owner, lender, agent, or management is correct as received.

15. Neither this report, nor any of its contents, may be used for the sale of shares or similar units of ownership in the nature of securities, without specific prior approval of the appraiser. No part of this appraisal may be reproduced without the permission of the appraiser.

16. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser.

17. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser.

18. This report is the confidential and private property of the client and the appraiser.

Any person other than the appraiser or the client who obtains and/or uses this report or its contents for any purpose not so authorized by the appraiser or the client is hereby forewarned that all legal means to obtain redress may be employed against him.

19. Utility services are available, as detailed in this report, for the subject property and they will continue to be so in the foreseeable future, unless otherwise noted in this report.

20. Subsurface rights (mineral, oil, etc.) and their potential impact upon value were not considered in this appraisal, unless stated otherwise.

21. The appraiser cannot predict or evaluate the possible effects of future wage price control actions of the government upon rental income or financing of the subject property; hence, it is assumed that no control will apply which would nullify contractual agreements, thereby changing property values.

22. The subject property is not, nor will it be, in violation of the National Environmental

Policy Act, the State Environmental or Clean Air Act, or any and all similar government regulations or laws pertaining to the environment.

23. This appraisal assumes that the subject property, as vacant, has no historical or archeological significance. The value estimate is predicated on the assumption that

Landpro Valuation File Number 14.0054 Page 5 no such condition exists. Should the client have a concern over the subject’s status, he or she is urged to retain the services of a qualified independent specialist to determine the extent of either significance, if any, and the cost to study the condition or the benefit or detriment such a condition brings to the property. The cost of the inspection and study must be borne by the client or owner of the property. Should the development of the property be restricted or enhanced in any way, the appraiser reserves the right to modify the opinion of value indicated by the market.

24. Unless otherwise stated in this report, the appraiser did not observe the existence of hazardous materials, which may or may not be present on or below the property.

The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances as asbestos, PCB transformers, urea-formaldehyde foam insulation, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (containing hazardous materials). The value estimate is predicated on the assumption that there are no such materials on or in the property that would cause a loss in value. No responsibility is assumed for such conditions, or for any expertise or engineering knowledge required to discover them. Thus, the value estimated herein is as if unaffected by any such cause and/or substance. Should the client have concern over the existence of such substances, he or she is urged to retain the services of a qualified independent environmental specialist to determine the extent of contamination, if any, and the cost of treatment or removal. The cost of detection, treatment or removal and permanent storage must be borne by the client or owner of the property. This cost can be deducted from the estimate of market value of the subject property if so indicated by the market.

Landpro Valuation File Number 14.0054 Page 6

INTRODUCTION AND SCOPE OF THE APPRAISAL

Appraisal Problem

The City of El Mirage is improving Thunderbird Road, which includes widening the roadway. A portion of the subject property is being acquired as right of way and a portion is being acquired as a temporary construction easement for use during construction of the roadway improvements. This appraisal is to provide an opinion of the recommended just compensation for the property rights to be acquired by the City of El Mirage. This appraisal will be used by the City of El Mirage and Tierra Right of Way in acquisition negotiations and/or eminent domain proceedings.

Identification of Property Appraised

Property Type

The larger parcel is a 25,200 square foot parcel of commercial land improved with two retail buildings, a warehouse building and associated site improvements.

Location

The property is located at 11926 and 12002 West Thunderbird Road, and 13802 North Luna Street, which places the property at the northwest corner of Thunderbird Road and Luna Street, in El Mirage, Arizona.

Property Rights Appraised

This is an appraisal of the fee simple interest in the larger parcel and right of acquisition and an easement interest in the temporary construction easement.

Larger Parcel

The 25,200 square foot subject property, as identified in this appraisal report, is the contiguous holdings of Edgar O. Medina and Luz M. Medina. The property is comprised of three assessor’s parcels. One of the buildings is partially located on all three assessor’s parcels and one is located on two assessor’s parcels. Furthermore, the parking area for two of the buildings is shared. The market building has access from the rear of the building and supplies are delivered through that entrance. The rear entrance to the market building is in the yard of the warehouse building. It is my opinion that the entire 25,200 square foot property has a unified use as a mixed use property.

Therefore, for this analysis, the entire 25,200 square foot parcel is considered the larger parcel.

Landpro Valuation File Number 14.0054 Page 7

Proposed Acquisition

The proposed acquisition is a 3,082 square foot fee simple right of way located along the south side of the larger parcel and a 700 square foot temporary construction easement located along the north side of the right of way acquisition for use during construction of the project. I refer the reader to the partial acquisition section of this report and the acquisition exhibits in the Addenda of this report for additional information.

Legal Description

According to the title report, the south two lots of the subject property are legally described as follows:

Lots One and Two (1 and 2), Tract B, El Mirage, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona in Book 28 of Maps, Page 43.

According to public records, the north lot is legally described as follows:

Lot 45, Tract J, El Mirage No. 2, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, in Book 29 of Maps Page 39

The legal description for the proposed acquisition is included in the Addenda of this report as part of the acquisition exhibits.

Assessor’s Parcel Number(s)

501-26-039, 040 And 089

Owner and Ownership History

According to public records, as of the effective date of the appraisal, the subject property is owned by Edgar O. Medina and Luz M. Medina, who have owned the property for more than five years prior to the effective date of the appraisal. The subject property is not currently listed or under contract for sale.

Current Leases

The subject property is currently leased to five tenants. These tenants and their leases are summarized as follows:

Meat Market: Guillermo Vega leases the 2,900 square foot building for use as a meat market. A copy of the lease for the current occupancy was not provided. According to the owner, Edgar Medina, the current lease expires June 30, 2014 and the rental rate for the current lease is $3,500 per month. The owner has provided a new lease for the

Landpro Valuation File Number 14.0054 Page 8 property that is dated September 22, 2012. The lease has a five year term that commences July 1, 2014 and ends July 31, 2019. The rental rate for the new lease is $5,000 per month. Under the terms of the lease agreement, the tenant is responsible for insurance, maintenance and utilities. The landlord is responsible for real estate taxes, miscellaneous and management.

Cell Phone Store: Garcia Communications leases the 777 square foot building for use as a cell phone store. The lease is for five years commencing November 1, 2013 and ending October 31, 2018, with one five year option to renew. The rental rate is $1,300 per month or $15,600 per year ($20.08 per square foot per year). Under the terms of the lease agreement, the tenant is responsible for insurance, maintenance and utilities. The landlord is responsible for real estate taxes, miscellaneous and management.

Granite Fabrication Shop (Center Space): Gerardo Gonzales leases approximately 2,218.66 square feet of the warehouse building for use as a granite fabrication shop.

The lease is for five years commencing April 1, 2013 and ending March 30, 2018, with one five year option to renew. The rental rate is $1,000 per month, or $12,000 per year ($5.41 per square foot per year). Under the terms of the lease agreement, the tenant is responsible for insurance, maintenance and utilities. The landlord is responsible for real estate taxes, miscellaneous and management.

Wrought Iron/Welding Shop (East Space): Luis A. Cordova Granados leases approximately 2,218.66 square feet of the warehouse building for use as a wrought iron/welding shop. The lease is for five years commencing December 1, 2013 and ending November 30, 2018, with one, five year option to renew. The rental rate is $1,000 per month, or $12,000 per year ($5.41 per square foot per year). Under the terms of the lease agreement, the tenant is responsible for insurance, maintenance and utilities. The landlord is responsible for real estate taxes, miscellaneous and management.

Month-to-Month Verbal Lease (West Space): An additional tenant leases approximately 2,218.66 square feet of the warehouse building for use as a granite fabrication shop. The lease is month to month on a verbal agreement. The rental rate is $1,000 per month, or $12,000 per year ($5.41 per square foot per year). Under the terms of the lease agreement, the tenant is responsible for insurance, maintenance and utilities. The landlord is responsible for real estate taxes, miscellaneous and management.

Appraiser’s Client

Tierra Right of Way and the City of El Mirage

Intended Users of the Appraisal

Tierra Right of Way and the City of El Mirage

Landpro Valuation File Number 14.0054 Page 9

Intended Use of the Appraisal

Acquisition negotiations and/or eminent domain proceedings

Objective of the Appraisal

To provide an opinion of the recommended just compensation for the proposed partial acquisition

Effective Date of the Appraisal

April 16, 2014

Date of Inspection

April 16, 2014 and prior and subsequent dates

Date of Report

May 30, 2014

Assignment Conditions

Assumptions and Limiting Conditions

I refer the reader to the assumptions and limiting conditions after the summary of salient facts in this report.

Extraordinary Assumptions and Hypothetical Conditions

I refer the reader to the extraordinary assumptions and hypothetical conditions in the letter of transmittal.

Jurisdictional Exceptions

This appraisal was not completed under any jurisdictional exceptions.

Definitions

Market Value

Market value is defined as “the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market, with reasonable time allowed in which to

Landpro Valuation File Number 14.0054 Page 10 find a purchaser, buying with knowledge of all of the uses and purposes to which it was adapted and for which it was capable.”1

Fee Simple Estate

Fee simple estate is defined as ”absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat”.2

Easement

Easement is defined as “The right to use another’s land for a stated purpose”.3

Scope of Work to Solve the Appraisal Problem

The scope of work to solve the appraisal problem included the following:

Inspection of the Subject Property

My inspection of the property included an interior and exterior viewing and photographing the property and adjacent roadways.

Owner Contact

I inspected the property with the owner of April 3, 2014.

Regional and Market Area Analysis

I have researched and analyzed the four forces - geographic, social, economic, and governmental - that influence value for the market area. Where factual information is required, I have used several sources including:

• Site to do Business

• US Department of Labor: Bureau of Labor Statistics

• Economic and Business Research Center, Eller College of Management

• Colliers International Phoenix Arizona Research and Forecast Report for Land

• CoStar

• CBRE Capital Markets Multi-Housing Annual Market Report

• WP Carey School of Business Arizona State University Monthly Report-Greater Phoenix Housing Market

• My inspection of the area

1 Arizona Revised Statute 12-1122(C).

2Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, (Chicago, Illinois, 2010), page 78.

3Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, (Chicago, Illinois, 2010), page 246.

Landpro Valuation File Number 14.0054 Page 11

Property Description and Analysis

I…

This is the start of the file's text. The full file is on GovTribe.

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