Appraisal of Forest Legacy Program Tracts

APPRAISAL AGREEMENT BETWEEN THE OHIO DEPARTMENT OF NATURAL RESOURCES AND [vendor/entity name][ODNR agency file #]

THIS AGREEMENT is between the Ohio Department of Natural Resources, 2045 Morse Road, Building E-2, Columbus, Ohio 43229, acting by and through its Director (“Department”), and [vendor/entity name, mailing address, city, state, zip] (“Appraiser”).

Expenditures for this Agreement are partially or fully funded by federal funds. ODNR received a federal grant under the terms and conditions of a Legacy Admin grant, awarded through the USDA- Forest Service. This grant was identified by Federal Award Identification Number (FAIN) 24-DG-11094200-007, which became effective on March 27, 2024, with a total award amount of $1,450,000.00, and an approved indirect rate of 36.00%. This grant was made under Assistance Listing Number 10.734 Inflation Reduction Act – Forest Legacy Program.

The parties agree as follows:

I. NATURE OF CONTRACT

A. Appraiser shall be employed as an independent contractor, to fulfill the terms of this Agreement and to act as an Appraiser to the Department.

B. The Department enters into this Agreement in reliance upon Appraiser’s representations that Appraiser is familiar with recognized appraisal practices and that Appraiser is qualified to perform the services as outlined in this Agreement.

C. Appraiser shall perform the services to be rendered under this Agreement and the Department shall not hire, supervise, or pay any assistants to Appraiser in its performance of services under this Agreement. The Department shall not be required to provide any training to Appraiser to enable Appraiser to perform services required hereunder.

II. SCOPE OF WORK

A. The real property to be appraised is the subject of two proposed acquisitions. The first appraisal is known as Pike Forest which consists of approximately 1,241 acres in Pike County. The second appraisal is known as Sunfish Creek which consists of approximately 2,879 acres. (Jointly known as “the Properties”). The Properties are further described and illustrated in Exhibit “A” attached hereto and made a part of this Agreement.

B. The Appraiser shall furnish an Appraisal Report (“the Appraisal”) of the market value of each property being appraised, to be estimated in accordance with recognized appraisal procedures. The Appraiser shall make such investigations and studies as are necessary to derive sound conclusions as to the market value of the Properties and to prepare an adequate Appraisal. The Appraisal shall report an opinion of value for the aggregate value on a “per acre” basis. The Appraisal is subject to review by the Department and Department’s Review Appraiser and must conform to the current version of the Uniform Standards of Professional Appraisal Practice “USPAP”, the Uniform Appraisal Standards for Federal Land Purchases “USFLA”, the Forest Legacy Implementation Guidelines “FLP Guidelines” detailed in Exhibit “C”, and the Appraisals shall also include the items outlined in attached Exhibit "B". The Appraisal shall follow instructions provided by the Department’s Review Appraiser.

C. The Appraiser shall attend a pre-work meeting or teleconference between the Review Appraiser and ODNR. The Review Appraiser will finalize the project specific appraisal instructions as a result of the consultation.

D. The Appraiser shall submit completed Appraisal Reports to the Review Appraiser for a Technical Review and incorporate the Department Review Appraiser’s feedback as necessary to arrive at an approved Appraisal Report meeting sound, recognized appraisal practices, the Department’s requirements, USPAP, and UASFLA standards.

E. Upon approval and at the direction of the Department’s Review Appraiser, Appraiser shall send copies of the final, approved Appraisal Report to ODNR.

F. If it is the Review Appraiser’s determination that any change in the Properties, or in conditions in the area, warrant any change or changes in the Appraisal Report, the Review Appraiser may recommend corrections, additions, and/or supplemental appraisal reports to the Appraisal Report where changes in the Properties or conditions in the area warrant such recommendations.

III. TIME OF PERFORMANCE

A. The services as stated in Section II, Scope of Work, shall be concluded within 90 days of Appraiser being notified in writing by the Department to begin work (the “Due Date”).

B. WORK UNDER THIS AGREEMENT SHALL NOT COMMENCE UNTIL THE DEPARTMENT HAS OFFICIALLY NOTIFIED THE APPRAISER IN WRITING. ANY SERVICES RENDERED OR MATERIALS SUPPLIED BY THE APPRAISER PRIOR TO SUCH NOTIFICATION SHALL BE DONE AT THE APPRAISER'S OWN RISK AND SHALL NOT GIVE RISE TO A LEGAL OR EQUITABLE OBLIGATION UPON THE STATE.

C. It is expressly agreed that time is of the essence in completing this Appraisal. Should the Appraiser neglect, fail, or refuse to complete the work embodied in this Agreement by the Due Date, the Appraiser shall pay to the Department, at the Department's option, the sum of $25.00 per day for each and every calendar day that said work remains unfinished beyond the Due Date.

D. This Agreement shall remain in effect until the work described in Section II, Scope of Work, is completed to the satisfaction of the Department and until Appraiser is paid in accordance with Article IV, Compensation, or until terminated as provided in Article VI, Termination of Appraiser’s Services, whichever is sooner.

E. Notwithstanding the foregoing, as the current General Assembly cannot commit a future General Assembly to expenditure, this Agreement shall expire no later than thirty days after the Controlling Board approval date.

F. It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party if award of this Agreement would be contrary to the terms of Ohio Revised Code (“R.C.”) including without limitation R.C. 3517.13, R.C. 127.16, and R.C. Chapter 102.

IV. COMPENSATION

A. The Department shall pay the Appraiser [XX] ($XXX.XX) for two Appraisals.

B. Appraiser shall not be reimbursed for travel, lodging, or any other expenses incurred in the performance of this Agreement.

C. Payment for Appraiser’s services under this Agreement shall become due upon completion and delivery of the Appraisal to the Department and after the Appraisal is found in compliance with this Agreement by the Department, to include successful completion of an Appraisal Review which may require that the Appraiser respond to requests or provide revisions to the Appraisal as determined by the Department.

D. Upon request of any representative of the Department, or any representative of the office of the Attorney General of the State of Ohio, the Appraiser agrees to make himself available for necessary pre-trial conferences and to testify as to the value of any and all of the property included in the Appraisal in any judicial proceedings involving a determination of the value of the Property. The Appraiser shall be paid for such services rendered by him in accordance with the following schedule:

1. Conference Time: $75.00 per hour

2. Deposition / Attendance in Court: $600.00 per day

3. Production of Documents pursuant to a Discovery Request: $40.00 per hour. The Appraiser shall provide the total number of pages produced for each request.

4. Payment for the services rendered under this Paragraph IV(D) shall also become due upon completion of the services and submission and approval by the Department of the work performed.

V. CERTIFICATION OF FUNDS

It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including, but not limited to, R.C. 126.07, have been complied with, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling Board of the State of Ohio, or in the event that grant funds are used, until such time that the Department gives Appraiser written notice that such funds have been made available to the Department by the Department’s funding source.

VI. TERMINATION OF APPRAISER’S SERVICES

A. The Department may, at any time prior to the completion of services by Appraiser under this Agreement, suspend or terminate this Agreement with or without cause by giving written notice to Appraiser.

B. Appraiser, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this Agreement, suspend or terminate all subcontracts relating to the suspended or terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and, if requested by the Department, furnish a report, as of the date of receipt of notice of suspension or termination, describing the status of all work under this Agreement, including, without limitation, results, conclusions resulting therefrom, and any other matters the Department requires.

C. Appraiser shall be paid for services rendered up to the date Appraiser received notice of suspension or termination, less any payments previously made, provided Appraiser has supported such payments with detailed factual data containing services performed and hours worked. In the event of suspension or termination, any payments made by the Department for which Appraiser has not rendered services shall be refunded.

D. In the event this Agreement is terminated prior to its completion, Appraiser, upon payment as specified, shall deliver to the Department all data, maps, photographs or other materials furnished to Appraiser by the Department and work products and documents which have been prepared by Appraiser in the course of providing services under this Agreement. All such materials shall become, and remain the property of, the Department, to be used in such manner and for such purpose as the Department may choose.

E. Appraiser agrees to waive any right to, and shall make no claim for, additional compensation against the Department by reason of such suspension or termination.

VII. RELATIONSHIP OF PARTIES

A. The Department and Appraiser agree that Appraiser shall be responsible for all of its own business expenses, including, but not limited to, computers, email and internet access, software, phone service and office space. Appraiser will also be responsible for all licenses, permits, employees’ wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers’ Compensation and Unemployment Compensation coverage, if any.

B. While Appraiser shall be required to render services described hereunder for the Department during the term of this Agreement, nothing herein shall be construed to imply, by reason of Appraiser’s engagement hereunder as an independent contractor, that the Department shall have or may exercise any right of control over Appraiser with regard to the manner or method of Appraiser’s performance of services hereunder.

C. Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the other party’s prior written consent.

D. It is fully understood and agreed that Appraiser is an independent contractor and neither Appraiser nor its personnel shall at any time, or for any purpose, be considered as agents, servants, or employees of the Department or the State of Ohio. Appraiser acknowledges and agrees any individual providing personal services under this Agreement is not a public employee for purposes of R.C. Chapter 145.

VIII. RELATED AGREEMENTS

A. The work contemplated in this Agreement is to be performed by Appraiser, who may subcontract without the Department’s approval for the purchase of articles, supplies, components, or special mechanical services that do not involve the type of work or services described in Section II, Scope of Work, but which are required for its satisfactory completion.

1. Appraiser shall not enter into other subcontracts related to the work contemplated in this Agreement without prior written approval by the Department. All work subcontracted shall be at Appraiser’s expense.

2. Appraiser shall furnish to the Department a list of all subcontractors, their addresses, tax identification numbers, and the dollar amount of each subcontract.

B. Appraiser shall bind its subcontractors to the terms of this Agreement, so far as applicable to the work of the subcontractor, and shall not agree to any provision which seeks to bind the Department to terms inconsistent with, or at variance from, this Agreement.

Appraiser warrants that it has not entered into, nor shall it enter into, other agreements, without prior written approval of the Department, to perform substantially identical work for the State of Ohio such that the product contemplated hereunder duplicates the work called for by the other agreements.

IX. CONFLICTS OF INTEREST, ETHICS COMPLIANCE AND COMPLIANCE WITH EXECUTIVE ORDER 2011-12K

A. No personnel of Appraiser shall, prior to the completion of said work, voluntarily acquire any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of his or her functions and responsibilities with respect to the carrying out of said work.

B. Any such person who acquires an incompatible or conflicting personal interest, on or after the effective date of this Agreement, or who involuntarily acquires any such incompatible or conflicting personal interest, shall immediately disclose his or her interest to the Department in writing. Thereafter, he or she shall not participate in any action affecting the work under this Agreement, unless the Department shall determine in its sole discretion that, in light of the personal interest disclosed, his or her participation in any such action would not be contrary to the public interest.

C. Appraiser represents, warrants, and certifies that it and its employees engaged in the administration or performance of this Agreement are knowledgeable of and understand the Ohio Ethics and Conflicts of Interest laws. Appraiser further represents, warrants, and certifies that neither Appraiser nor any of its employees will do any act that is inconsistent with such laws.

D. Appraiser affirms to have read and understands Executive Order 2011-12K and shall abide by those requirements in the performance of this Agreement, and shall perform no services required under this Agreement outside the United States.

X. DISCRIMINATION PROHIBITED

A. Pursuant to R.C. 125.111, Appraiser shall not discriminate against any person or entity on the basis of gender, age, race, color, religion, sex, ancestry, military status, handicap, disability, or national origin as defined in R.C. 4112.01.

B. Appraiser represents that it has a written affirmative action program for the employment and effective utilization of economically disadvantaged persons pursuant to R.C. 125.111(B) and has filed an Affirmative Action Program Verification form with the Equal Opportunity and Affirmative Action Unit of the Department of Administrative Services.

XI. RIGHTS IN REPORTS, DATA OR MATERIALS AND COPYRIGHTS/PUBLIC USE

A. All reports, data or materials prepared by Appraiser pursuant to this Agreement shall be considered “works made for hire” within the meaning of the United States Copyright Act and shall be owned by Department, including all patent rights, copyrights, trademarks, know-how, trade secrets, and all other intellectual property rights inherent in and appurtenant thereto, and including the right to secure protection for, register, prosecute, maintain and enforce the same in any and all jurisdictions. To the extent any such reports, data or materials are deemed not to be “works made for hire,” Appraiser hereby irrevocably transfers, assigns and conveys all rights in and to such reports, data or materials to Department. Upon the request and at the expense of Department, Appraiser shall execute and deliver any and all instruments and documents and take such other acts as may be deemed reasonably necessary or desirable to document or confirm such ownership rights of Department or to enable Department to secure, register, prosecute, enforce or maintain the same in any and all jurisdictions. Appraiser further agrees that all such reports, data or materials will be turned over to Department upon completion and, in any event, no later than the date of termination of this Agreement.

B. Appraiser agrees that all original works created under this Agreement shall be made freely available to the general public to the extent permitted or required by law until and unless specified otherwise by the Department. Any requests received by Appraiser should be referred to the Department.

XII. LIABILITY

A. Appraiser agrees to indemnify and to hold the Department and the State of Ohio harmless and immune from any and all claims for injury or damages arising from this Agreement which are attributable to Appraiser’s own actions or omissions or those of its agents, officers, employees, subcontractors, suppliers or other third parties utilized by Appraiser while acting under this Agreement. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime, or employment matters and any claims involving patents, copyrights, and trademarks.

B. Appraiser shall bear all costs associated with defending the Department and the State of Ohio against any claims.

C. In no event shall either party be liable to the other party for indirect, consequential, incidental, special, or punitive damages, or lost profits.

XIII. COMPLIANCE WITH LAWS

A. Appraiser, in the execution of its duties and obligations under this Agreement, agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances.

B. Appraiser affirms that it has all of the approvals, licenses, or other qualifications needed to conduct business in Ohio and all are current. If at any time during the contract period Appraiser, for any reason, becomes disqualified from conducting business in the State of Ohio, Appraiser will immediately notify the Department in writing and will immediately cease performance of contract activities.

XIV. CAMPAIGN CONTRIBUTIONS

Appraiser affirms that, as applicable to it, no party listed in Division (I) or (J) of R.C. Section 3517.13 of the Ohio Revised Code or spouse of such party has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of $1,000.00 to the Governor or to his campaign committees.

XV. ENTIRE AGREEMENT/WAIVER

A. This Agreement contains the entire agreement between the parties hereto and shall not be modified, amended or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto.

B. This Agreement supersedes any and all previous agreements, whether written or oral, between the parties.

C. A waiver by any party of any breach or default by the other party under this Agreement shall not constitute a continuing waiver by such party of any subsequent act in breach of or in default hereunder.

XVI. NOTICES

All notices, consents, and communications hereunder shall be given in writing, shall be deemed to be given upon receipt thereof, and shall be sent to the addresses first set forth above.

XVII. HEADINGS

The headings in this Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Agreement.

XVIII. SEVERABILITY

The provisions of this Agreement are severable and independent, and if any such provision shall be determined to be unenforceable in whole or in part, the remaining provisions and any partially enforceable provision shall, to the extent enforceable in any jurisdiction, nevertheless be binding and enforceable.

XIX. CONTROLLING LAW

This Agreement and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the State of Ohio. Appraiser consents to jurisdiction in a court in Franklin County, Ohio.

XX. SUCCESSORS AND ASSIGNS

Neither this Agreement, nor any rights, duties, nor obligations hereunder, may be assigned or transferred in whole or in part by Appraiser, without the prior written consent of the Department.

XXI. OPEN TRADE

Pursuant to R.C. 9.76, Appraiser hereby declares that it is not boycotting any jurisdiction with whom the State of Ohio can participate in open trade, including the nation of Israel, and will not do so during the term of this Agreement.

XXII. FINDINGS FOR RECOVERY

A. If the potential compensation to Appraiser under this Agreement exceeds $25,000, Appraiser warrants that it is not subject to an “unresolved” finding for recovery under R.C. 9.24.

B. If this warranty is found to be false, this Agreement is void ab initio and Appraiser shall immediately repay to the Department any funds paid under this Agreement.

XXIII. EXECUTION

This Agreement is not binding upon the Department unless executed in full and is effective as of date of signature by the Department.

XXIV. COUNTERPARTS

A. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.

B. Any party hereto may deliver a copy of its counterpart signature page to this Agreement via fax or e-mail. Each party hereto shall be entitled to rely upon a facsimile signature of any other party delivered in such a manner as if such signature were an original.

THIS AREA HAS BEEN LEFT INTENTIONALLY BLANK

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

APPRAISER

____________________________________

[Enter name of the appraiser or person signing on behalf of vendor/entity],

[Enter vendor/entity name]

____________________________________

Date

STATE OF OHIO Department of Natural Resources

____________________________________

[Enter name of ODNR landholding division chief], Chief

Division of Forestry

As Designee for: Mary Mertz, Director

__________________________________

Date

EXHIBIT “A”

DESCRIPTION OF APPRAISAL WORK TO BE COMPLETED

Appraisal 1 – “Pike Forest”: 18 Parcels, 1240.9 acres, Pike County

Parcel Number	Acres (per Auditor assessment)
120654000000	12.0
120657000000	40.0
120666000000	18.0
120672000000	85.7
120673000000	80.5
120674000000	26.2
120676000000	260.5
120683000000	30.0
120692000000	8.0
120695000000	51.0
120697000000	69.0
120698000000	100.0
120702000000	155.0
120702000000	155.0
190303000000	25.0
190304000000	64.0
190305000000	4.0
190308000000	57.0

Appraisal 2 – “Sunfish Creek”: 83 Parcels, 2,879.1349 acres, Pike County

Parcel Number	Acres (per Auditor assessment as of 2/23/26)
030276000000	48.2
030277000000	40.34
030278000000	51
030281000000	23
030283000000	32.5
030286000000	18.25
030340000000	6
030690000000	5.297
120009000000	0.8
120094000000	135.488*
120101000000	6.906
120102000000	24.478*
120129000000	3
120135000000	15.229
120159000000	217.512
120184000000	4.606
120262000000	12.9
120263000000	25.1615
120265010000	9.7385
120358000000	12
120368000000	46.8
120369000000	0.9
120420000000	54
120421000000	1.75
120427000000	11.5
120428000000	20
120429000000	23
120434000000	44
120437000000	19
120439000000	30
120441000000	2
120442000000	23
120443000000	10.5
120444000000	14
120445000000	10
120446000000	5
120447000000	40
120448000000	3
120449000000	2
120450000000	12
120464000000	70
120465000000	27*
120473000000	66.3
120474000000	3.7
120481000000	77
120492000000	26*
120496000000	30
120499000000	109
120500000000	62
120501000000	32
120502000000	25
120507000000	28.24
120508000000	284.068*
120512000000	10
120514000000	30
120516000000	26
120517000000	10.6002
120518000000	17
120519000000	0.33
120523000000	93.871*
120554000000	60
120560000000	34
120561000000	15
120716030000	14.3693
120771000000	13
120778000000	130.37
120859000000	71.4659
120888010000	1.191
120986000000	40
120988000000	64.5
190006000000	17.0115
190012000000	2
190051000000	5
190089000000	3.902
190146000000	5.94
190156000000	22.086
190223000000	35
190262000000	59
190264000000	36.634
190265000000	11.7
190266000000	18
190267000000	26
190268000000	100

*Indicated parcels are in the process of being subdivided by owner. Surveys have been completed or are in-progress, and updated parcel descriptions are being filed with the County as they are completed. The appraiser will be provided with current surveys and other maps indicating the specific areas of each parcel to be appraised.

EXHIBIT “B”

APPRAISAL ITEMS SHALL INCLUDE, BUT NOT BE LIMITED TO:

A. A personal inspection of each parcel in the Property including all improvements, structures, appurtenances, or other elements of value thereon or thereunto belonging which are recognized by the courts in eminent domain proceedings and advise the Department, in a written Appraisal, of its opinion of the fair market value of each such parcel.

B. Verify, insofar as is practicable, all recent sales of the Property that the Appraiser has taken into consideration as reflecting the fair market value of the Property appraised. Such verification shall include interviewing the seller, buyer, agent, or any other person known to have participated in the transaction, to ascertain the consideration, the terms and conditions of the sale, any special factors affecting the amount of the consideration, and the actual condition of the property at the time of transfer. The name and phone number of the person verifying the sales data shall be reported in the Appraisal. The Appraiser shall include a list of comparable sales that were considered and not included in the final appraisal of the subject, including a reason for the rejection of each sale.

C. A photograph of each comparable sale used in the report, especially of any improvements or special elements of value. Exceptions to this requirement may be approved by the Department in unusual cases where access to the sale is not possible.

D. The Appraisal must include a larger parcel determination. The criteria include unity of ownership, unity of highest and best use, and contiguity.

E. The Appraisal must substantiate any quantified adjustment to comparable sales with market data. In the absence of market data, the Appraiser must provide a detailed qualitative analysis that compares each sale to the subject Property.

F. The Appraisal, which shall be delivered electronically by standard PDF format or consist of an original and a copy on a CD, shall, in form and substance, conform to industry-recognized appraisal practices and techniques for determining values in eminent domain proceedings. The assemblage of material shall conform to the requirements set forth by the Federal Agencies involved. All copies of Appraisal shall have original photographs.

G. A scale plat of the parcel being appraised must be included in the Appraisal.

H. Each Appraisal involving the taking of a structure with a residential unit shall contain the economic rent for each unit of the subject property, based upon properly supported data furnished by the Appraiser.

I. The Appraiser must provide a value conclusion for each ownership interest, which may necessitate the issuance of a separate Appraisal Report for each ownership interest. If a residence is situated on the Property, the Appraiser shall report a Normal Homesite Evaluation which shall report the value of the subject dwelling, improvements, as if situated upon a one acre homesite, or whatever is typical in the area, to be supported by current comparable sales in the area. These sales shall be listed as to date, size and consideration.

J. A signed statement from the property owner (or the property owner’s agent) stating that the owner was afforded the opportunity to accompany the Appraiser during the site inspection must be included in the Appraisal.

K. All other items listed in Exhibit D, Basic Procedures for Forest Legacy Program Appraisals for the Ohio Department of Natural Resources, September 2025.