The URL can be used to link to this page

Agenda 01/12/2016 Item #16B 2 1/12/2016 16.B.2. EXECUTIVE SUMMARY Recommendation that the Collier County Community Redevelopment Agency approve an Exclusive Right of Sale Listing Agreement authorizing Commercial Real Estate Consultants, LLC to market and sell Community Redevelopment Agency property located at 4265 and 4315 Bayshore Drive consisting of 17.89 acres in accordance with Florida Statutes 163.380 as outlined in the Collier County Community Redevelopment Plan and bring back any and all offers to the Board. OBJECTIVE: To market and sell property in the Bayshore Gateway Triangle Community Redevelopment Area (CRA) for development. CONSIDERATIONS: The CRA purchased 17.26 acres in August 2006 for $4.6 million and purchased the abutting.63 acre improved site in 2008 for$750,000. The 17.89 acre site was rezoned to Mixed use Planning Unit Development (MPUD) in June 2012. The MPUD allows a mix of residential and commercial uses, comprised of a maximum of forty (40) residential units and 48,575 square feet of commercial, including retail, office and medical offices, a 350-seat theatre and an 84,000 square foot parking garage. However, the MPUD permits other uses similar in nature. At the April 23, 2013 Board meeting (Agenda Item# 10G), the Board authorized the Purchasing Department to solicit through a Request for Proposal (RFP13-6099) to enlist services of a residential and commercial real estate and property management firm for the purchase, sale, lease and management of the county's significant real estate holdings. The County entered into a contract with Commercial Real Estate Consultants, LLC and Premier Plus Naples Realty LLC on June 25, 2013 (Agenda Item#16E2). The contract is attached as attachment 1. The 17.89 acres recently was listed with Premier Plus Naples Realty LLC. The listing agreement was approved at the January 14, 2014 Board (Agenda Item #14B4) and had a listing expiration date of July 14, 2015. The listing agreement has not been extended and no contracts were submitted to staff for this property from Premier Plus Naples Realty LLC. Staff is proposing to market the property with Commercial Real Estate Consultants LLC(CRE). CRE is a local commercial real estate firm that has been in Southwest Florida since 1998. They have five offices located in Naples, Bonita Springs, Fort Myers and Stuart, Florida. They employ more than 50 professionals, including five employees that hold the Certified Commercial Investment Member (CCIM) designation. The CCIM designation indicates these agents/brokers are "recognized experts in the commercial and investment real estate industry". CRE will market the 17-acre property through a number of methods such as property flyers, email campaigns, offering memorandums, property web page, direct mail campaigns and signage. In addition, the property will be listed on LoopNet (an online commercial listing service), CoStar (subscription based property database available through many US markets, the Company website (www.CREconsultants.com) and through social media (Facebook and Twitter). Staff's day-to-day contact will be with Raymond Sandelli (Managing Partner) while the Broker Associate, Biagio Bernardo, will assist in locating buyers for the property. See Attachment 3 for their professional profiles. The attached Exclusive Right of Sale Listing Agreement for Commercial Property is the typical agreement used by Naples Area Board of Realtors (NABOR) and approved by the County Attorney's Office (See Attachment 4). The highlights of the listing agreement are: Packet Page-906- 1/12/2016 16.B.2. • Contract period(Section 1,second paragraph—Lines 4-5) • Sales price is defined as$4,150,000(Section 1B—Line 23 ) • Buyer's and seller's agent will equally split 6%commission(Section 3B and Section 4A) • If sale does not close and deposit from buyer is forfeited, CRE will receive 50% of deposit, including cost expended by CRE to market property(Section 4C—Line 119) • Property shall be listed on Multiple Listing Service (MLS) in addition to the other avenue identified(Section 7—Lines 125-137) • Should the County terminate the contract prior to the termination date, CRE will receive a $500.00 cancellation fee (Section 9-Lines 140-143) Based on a commission of 6%, the approved real estate contract used by NABOR provides Real Estate Agents who secure a Buyer other than the listing agent a commission in the amount of 3%. The other 3% goes to the listing agent for a total of 6% commission. An updated appraisal was completed on December 10, 2015 having an estimate value of $4,150,000 (Attachment 5). Since this property is located within the CRA, Sections 163.380(2) and (3), Florida Statutes, requires that the CRA publicly advertise the disposition of the land "in a newspaper having a general circulation in the community" (i.e., Naples Daily News)...at least 30 days prior to the execution of any contract to sell..." In order to streamline the process, once staff has a contract with a potential buyer, staff will advertise the disposition of the property as outlined above, prior to presenting the contract to the CRA Board. This action will have no impact on the negotiation of the contract or the sale. It will allow the sales process to be expedited. The property would be listed for sale in an amount not less than the appraised value of$4,150,000. Staff continues to re-evaluate the Redevelopment Plan. Updates to the Bayshore/Gateway Triangle Redevelopment Overlay provisions of the Growth Management Plan and Land Development Code are completed on a continual basis, the last update being 2013. Should the Board decide to move forward with the engagement of CRE to list the property, the firm will provide a limited market analysis of the property. The intent of the redevelopment plan is to encourage the revitalization of the area by involving the private sector, creating joint ventures/partnerships and furthering the goals, objectives, and policies within the County. The sale of this property will allow for more development in an urban area where urban services are currently available. The redevelopment intent of this parcel is meant to be pedestrian-oriented and to provide access to nearby neighborhoods. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB FISCAL IMPACT: The cost to advertise and associated fees are available in Fund 187. Revenues from any future sale of the property will be utilized to service a portion of the Bayshore/Gateway Triangle CRA debt. GROWTH MANAGEMENT IMPACT: The redevelopment of the Bayshore 17-Acre Parcel Project will further the goals, objectives and policies outlined in the Future Land Use Element — Bayshore/Gateway Triangle Redevelopment Overlay. RECOMMENDATION: That the CRA Board approve an Exclusive Right of Sale Listing Agreement authorizing Commercial Real Estate Consultants, LLC to market and sell Packet Page-907- 1/12/2016 16.B.2. Community Redevelopment Agency property located at 4265 and 4315 Bayshore Drive consisting of 17.89 acres in accordance with Florida Statutes 163.380 as outlined in the Collier County Community Redevelopment Plan and bring back any and all offers to the Board. Prepared by: Elly Soto McKuen,Project Manager; Community Redevelopment Agency Attachments: 1) Commercial & Industrial Real Estate & Property Management Services Agreement 2) CRE Consultants Company Overview 3) Professional Profile for Raymond Sandelli and Biagio Bernardo 4) Exclusive Right of Sale Listing Agreement for Commercial Property 5) Collier County Real Property Management Section Updated Appraisal, dated December 10, 2015 Packet Page-908- 1/12/2016 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.2. Item Summary: Recommend the Collier County Community Redevelopment Agency approve an Exclusive Right of Sale Listing Agreement authorizing Commercial Real Estate Consultants, LLC to market and sell Community Redevelopment Agency property located at 4265 and 4315 Bayshore Drive consisting of 17.89 acres in accordance with Florida Statutes 163.380 as outlined in the Collier County Community Redevelopment Plan and bring back any and all offers to the Board. Meeting Date: 1/12/2016 Prepared By Name: McKuenElly Title: Project Manager, CRA, County Redevelopment Agency 11/12/2015 10:03:42 AM Submitted by Title: Project Manager, CRA, County Redevelopment Agency Name: McKuenElly 11/12/2015 10:03:43 AM Approved By Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency Date: 11/17/2015 3:57:37 PM Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities Management Date: 11/17/2015 4:01:58 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/20/2015 7:32:38 AM Packet Page-909- 1/12/2016 16.B.2. Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 11/20/2015 2:03:17 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 11/20/2015 4:25:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/9/2015 8:01:19 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/27/2015 10:57:04 AM Packet Page-910- 1/12/2016 16.B.2. Attachment 1 AGREEMENT13-6099 i for Commercial&Industrial Real Estate&Property Management Services THIS AGREEMENT,made and entered into on this a5441 day of Ju r+e_ 2013, by and between Commercial Real Estate Consultants, LLC, authorized to do business in the State of Florida, whose business address is 12140 Carissa Commerce Court, Suite 102, Fort Myers, FL 33966, (the " (the "Consultant") and Collier County,a political subdivision of the State of Florida,(the"County"): WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon Board approval in accordance with RFP 13-6099 Commercial and Residential Real Estate and Property Management. The County Manager, or his designee,may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten(10)days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on date of Board award and terminating two (2) years from that date.The County may, at its discretion and with the consent of the Consultant,renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Consultant shall provide Commercial/Industrial Real Estate and Property Management Services in accordance with the terms and conditions of REP #13-6099 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Page 1 of 11 Cq Packet Page-911- -- -- 1/12/2016 16.B.2. 4. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement in accordance with Exhibit A, Fee Schedule, attached herein and incorporated by reference,together with the cost of any other charges/fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Commercial Real Estate Consultants,Inc. 1100 5th Avenue,Suite 100,Naples,FL 34102 239/6594447 Telephone;239/659-4028 Fax Raymond Sandelli,Managing Partner Ray.sandelli@creconsultants.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples,Florida 34112 Attention:Purchasing Sr General Services Director Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 11 Cq Packet Page -912- 1/12/2016 16.B.2. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, P.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition,the Consultant shall comply with all rules,regulations and laws of Collier County,the State of Florida,or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination.The Consultant shall not be entitled to any other or further recovery against the County,including,but not limited to,any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: Page 3 of 11 C,q Packet Page -913- = 1/12/2016 16.B.2. A, Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage• Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner,within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants/Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, Page 4 of 11 Cq I Packet Page-914- 1/12/2016 16.B.2. or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party, The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Real Estate Services Department. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim; Consultant's Proposal, Insurance Certificate, RFP #13-6099-Commercial and Residential Real Estate and Property Management Scope of Services and Addenda. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112,Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or Page 5 of 11 CID Packet Page -915- - 1/12/2016 16.B.2. quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE.By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and • conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void,invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement,the parties shall attempt to resolve the dispute through Mediation before an agreed upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla.Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 6of11 0 Packet Page-916- —_ 1/12/2016 16.B.2. 25. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, RFP and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does,with approval,assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. * * * * * Page 7 of 11 C,q Packet Page-917- - -- - - - - - - - - - - - - - - - --- - - —- ---------- 1/12/2016 16.B.2. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMI IONERS ATTEST: COLLIER COUN '''' ,FLORIDA Dwi; t E.Brock,Clerk of Courts 1 ; .•. • ,,- f, ' •., ,- Allialve " '■• 01,., 0---. 0C, , ,k. i By Li Dated: "2.‘; ' 11 . :: Georgia A.Hil,EsNChairwoman : .. . Amos to Cifairillant.' .. . signiturfily.., -,,'` . Commercial Real Estate Consult ts,LLC By: First Witness Si: ature / . , ___A ,,, i 6 fry ;71. r2o4Iji p c_.) 17.7q1)70-72 C.- • tType/print witness namet tType/print signature and titlet 41111r . II _ 1 6 1 , I A....,_.■ --." \ ' Second Witness 6 s '1(\k■Ably-sa)wirk'n tType/pr nt tne s namet I I Approved as to Form and Legality: 1 ; V)--'?0)K--e--•- ; ; Assistant County Atthtney ^) k F:cr...-fe— 424 Print Name , 1 1 Page 8 of 11 ' I Packet Page-918- 1/12/2016 16.B.2. EXHIBIT A Fee Schedule 13-6099 Commercial Real Estate Consultants Real Estate Fees 1. Commercial/Industrial-real estate fee percentage applied to all real estate transactions 6% 2. Leasing Fee-real estate leasing percentage 6% Property Management Fees 3. Property Management- Property Management hourly rate $60.00/hr 4. Management Fee: Consultant shall be paid three percent (3.0%) of Gross Revenue actually collected in respect of the Property or a minimum monthly fee of three thousand five hundred dollars ($3,500.00), whichever amount is greater, during the applicable month. The term "Gross Revenue" means base rent, percentage rental, percentage rent, and all revenues for operating expenses prescribed by the leases from the property tenants. Property management services and reimbursable expenses shall be payable monthly in arrears. Reimbursable and management fees shall be payable from the operating account as incurred. 5. Management Fees - Transition If owner enters into a Purchase and Sales Agreement to purchase a property and requests Property Management Services for that property, upon the sale of the Property closing,Consultant shall be paid by Owner post-closing Management Fees to assist in the initial ninety (90) day transition period. The post-closing Management Fees will be equal to a full month's Management Fee for the first thirty (30) days and Five Hundred Dollars ($500.00)for each additional thirty (30)day period. Page 9 of 11 0 Packet Page-919- - =- 1/12/2016 16.B.2. 6. Project Management Fees: Administrative Fee equal to four percent (4%) of the total amount which is expended for any construction or repair project on or about the Property that Owner has directed Manager to provide construction management services. Owner shall pay Consultant as compensation for any construction or project management services requested by Owner as set forth in any related statement of work agreed upon by the parties from time to time,provided Manager shall be entitled to a minimum Project Management Fee of one thousand dollars ($1,000.00) on any Project requested.If Consultant is not paid for such services, neither Consultant nor its employees shall have an obligation to supervise, bid capital or tenant improvement work, collect lien releases, or obtain certificates of insurance from general contractors and/or subcontractors for construction and related matters. 7. Reimbursable Expenses: Expenditures incurred by Consultant in performing its duties shall be subject to reimbursement, and no others,but only to the extent the same have been included in the Operating Budget or otherwise expressly approved by Owner. 8. Reimbursement by Owner/Property: Maintenance personnel shall be billed at a flat hourly rate of forty dollars ($40.00) per hour (regular time), sixty dollars ($60.00) per hour (overtime). Maintenance cost may be adjusted with the annual renewal. Real Estate Property Manager shall be billed at a flat monthly rate of $0.015 per square foot. Supplies specific for the property and mileage for maintenance personnel and assigned property manager (billable at the current IRS mileage rate) shall be reimbursable by the Owner. These reimbursements shall be payable from the operating account as incurred. 9. Maintenance Personnel: Manager shall employ maintenance personnel who will perform maintenance services at Owner's Property at the outlined hourly rate above. Collier County Reserves the right to contract with other maintenance providers or provide maintenance services utilizing County staff. Page 10 of 11 410 Packet Page-920- 1/12/2016 16.B.2. 10, Real Estate Property Manager: Manager shall employ a property manager who will perform management services at Owner's Property at the outlined monthly rate above. 11. Software Costs: Fees for standard accounting are included in the management fees outlined. However, if owner requests manager to perform non-standard accounting services, additional charges will apply. The cost shall be mutually agreed upon in writing prior to the delivery of these additional services, 12. Office Expenditure Reimbursements: All Office expenses (assigned manager's hand- held devices,postage,etc.)shall be paid by the property. 13. Bank Fees and Accounting Extras: Outside banking costs such as lockbox fees and other bank-generated costs will be billed back to ownership based on actual cost, and no administration fee will be charged by manager. Completion of 1099's for ownership will be billed as an extra cost if ownership instructs Manager to complete. Audit fees, due to tenant audits,will be billed as an extra cost. 14. Transition Fees: Owner shall pay Consultant additional compensation for accounting and management set-up costs in the amount of one thousand ($1,000.00) which will be expensed as a common area maintenance expenses,pursuant to the terms and conditions of existing leases.This fee shall be due and payable on the fifteenth(15th) day of the first month of the contract. Page 11 of 11 C NO Packet Page-921- 1/12/2016 16.B.2. Collier County BCC 4/8/2015 11:20:23 AM PAGE 3/004 Fax Server Colter Cou. .ty Administrative Services Department Procurement Services Division April 7, 2015 Mr. Raymond Sandelli, Managing Partner Commercial Real Estate Consultants, Inc. 1100 5`h Ave., Ste 100 Naples, FL 34102 FAX: 659-4028 Email: ray.sandelli @creconsultants.com RE: Contract Renewal for#13-6099"Commercial& Industrial Real Estate& Property Management Services" Dear Mr. Sandelli: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement.This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: / I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. • Provide updated and current insurance certificate • Provide a copy of the company's Department of Homeland Security executed E-Verify profile page or memorandum of understanding. I am not agreeable to renewal of this contract. By signature this contract will be in effect from June 25, 2015 until June 24, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http://bid.colliergov.net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. G�t.tr� Procurement Scrim DMsan•3327 Tamiami lid East•Naples,Florida 34112-4901.239-2528407•vtivw colliergov netlprocurementservices RECEIVE: NO. 6148 04/.Packet Page-922-D1AM CREC Naples -- = - == = 1/12/201616.B.2. Collier County BCC 4/8/2015 11:20:23 AM PAGE 2/004 Fax Server Good morning, Please see the attached contract renewal for contract Contract Renewal for#13-6099 "Commercial&Industrial Real Estate& Property Management Services"expiring on 06/24/15.Please review and return it signed at your earliest convenience.Also,when you submit an updated insurance certificate,please note the following changes from your insurance carrier: • On all certificates,the Certificate holder should read as follows: Collier County Board of Commissioners 3327 Tamiami Trail East Naples,FL 34112 • The Description box should include the following verbiage:"For any and all work performed on behalf of Collier County."(Vendors who have multiple contracts no longer require a separate insurance certificate for each contract.) You can return the signed contract renewal with the requested documentation,if any, by either email,fax,or mail. Respectfully, Contracts Technician Procurement Services Phone: (239)252-6020 Fax: (239)252-6592 1,;'.1461 cn i I.il+'i,Cif ail Adrt.:•``i1 s n1V •JO i lip IRA Vi :it your e TI81)::4c1Co5 Y':iCHJ[•YI1�i tC-5 'rlj;t3 b pLIt'lie:'f.;t:Vd5 tC"a'c5'.d0 nct 5vnd ccL.x:ie=..`&i'o s amity IrSiet:d,oontiwt tc:cphc; VI in w-it.w • RECEIVE: NO.6148 o4/oEPacket Page -923- AM CREC Naples • 1/12/2016 16.B.2. Collier County BCC 4/8/2015 11 :20:23 AM PAGE 4/004 Fax Ser.ui Page 2 of 2 RE: Contract Renewal for#13-6099"Commercial&Industrial Real Estate & Property Management Services" Please return this letter to the Purchasing Department with your response, insurance certificate, E-Verify or MOU at your earliest convenience. If you have arty questions you may contact Lissett De La Rosa at 239-252-6020; email lisle.ftdelarns3 acollieroov.net or FAX 239••252-6592 or 239-732-0844. Respectfully, e~ Markle icz Director—Procurement Services-- } ;Acceptance of Contract Renewal I Name of Company Must t 0.-bVf• Company Signature _ (Corporate Officer) Print Corporate l _ • Officer Name emu.. klaft, 1. .-1 . Signature Date Updateii Contact ± (in order to rrrake sure our contact intorrrraulon rs rurr ent): Contact Name 4 ..4 tat _ ► 1\8 lelephone Number _...._ I FAX Number' s bj (''3C Email Address Address l V2A 0 a.V\ e 4, Icy C: Joanne Markiewicz, Project Manager, Procurement Services RECEIVE: N0.6148 04/0 packet Page-924- IAbi-� mo,aNS CREC Naples __ = ---_ - _ - _ - - = _ --- - 1/12/2016 16.B.2. ,AC R CERTIFICATE OF LIABILITY INSURANCE 21/201 wDDIYYYY) L� 05/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement,A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: June Hunter-Clarke Premier Insurance Corporation,Inc. (e°Nn.Pn)•(239)542.7101 x 202 FAX.No):(239)542.0693 EMAIL 1326 Cape Coral Pkwy E Ste 1 HESS. �hC @premierinsurancecorp.com Cape Coral FL 33904 INSURER(S1 AFFORDING COVERAGE NAIC# INSURER A:American States Insurance Company 19704 INSURED INSURER B: Commercial Real Estate Consultants LLC,Dba:CRE Consultants INSURER C: 12140 Carissa Commerce Court, INSURER 0: Fort Myers FL 33966 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED'NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 4UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR ' -- POLICY EFF POLICY EXP ws°WVn POLICY NUMBER (MMIDD/YYYYI IMMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 A I GIAIMS•MADE Ill OCCUR PRA FM SES(Ea occurrence) $200,000 01•CI.803179.10 0412312015 04/2312016 MED EXP(Any one person $10,000 PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 X POLICY n PRO• I-1 LOC PRODUCTS-COMP/OP AGG s 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 4P-a lodenn _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ —AUTOS — AUTOS HIRED AUTOS AUTOS NON-OWNED PROPERTY $ AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $3,000,000 A EXCESS LIAB CLAIMS-MADE 01•SU-433371-10 04123/2015 04/2312016 AGGREGATE _$3,000,000 DED I X I RETENTION;10,000 s WORKERS COMPENSATION PER 1 0TH- ' AND EMPLOYERS'LIABILITY ��'''!!! STATUTE l FR H- PROPRIETORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $ °FACER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S If Yes describe under DESL�RIPTION OF OPERATIONS below El.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mom space Is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is named as additional insured on the General Liability as required by written contract per form CG8674(12/07). CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL E ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE ` <JH> Phone:(239)252.8839 ' CL /1 )Fax:(239)252-8048 .tl ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Page-925- 1/12/2016 16.6.2. REQUEST FOR PROPOSAL rer County Atiministstive Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Joanne Markiewicz, Interim Purchasing Director 239-252-8975 (Telephone) 239-252-6480(Fax) joannemarkiewicz @colliergov.nef(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. to PoJ,a aaDwaysrmt•3327Tamiami Trail East•Na4es,Florida 34112-4901 www coltergov.ne: ing Packet Page -926- _- ^-= -- 1/12/2016 16.B.2. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK LIST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 ATTACHMENT 7:VENDOR SUBSTITUTE W-9 39 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 40 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 2 Packet Page-927- Co ler County Administrative Services Division Purchasing Legal Notice Sealed Proposals to provide real estate and property management services will be received until 12 Noon Naples local time, on May 16, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Services to be provided may include, but not be limited to the following: the review of the Airport management, organizational, fiscal (including the debt service), operational and service structures and provide recommendations as described in the Scope of Work. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website:www.collierpov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on 4/24/13. 4 �r %chasingDepartment•3301 Taosami Trail East•Naples,Florida 34112•waw.colliergov.net'purchasing 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 3 Packet Page -928- = 1/12/2016 16.B.2. Exhibit l: Scope of Work, Specifications and Response Format As requested by the Collier County Board of Commissioners, the Purchasing Department has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The County is interested in receiving proposals from residential and commercial (including industrial) real estate and property management firms to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. Background Collier County(County) covers a large area of Southwest Florida and is accessible from the East (Miami) and the North (Tampa)via Interstate 75. A non-charter county, Collier encompasses three (3) municipalities: Naples, Marco Island, and Everglades City. A seaside paradise tucked into Southwest Florida's gulf coast, with a total area of 2,305 square miles, makes Collier County the largest county in Florida.With such a large economic market and featuring one of the best business climates in the nation, it provides opportunities for unparalleled growth to new and expanding businesses, and premier real estate. With its geographic location, diverse demographics, affluent tourism, international trade, efficient education and transportation systems and strong industrial workforce, Collier County is a premier business destination in Florida. Detailed Scope of Work The County has "shelf' contracts with professionals in a variety of fields such as engineering and appraisal services, where staff has the ability to call upon these professionals to assist with projects when the county's in-house professionals need assistance. This arrangement allows the county to deal with variable demands on its staff without the need to hire additional FTEs.The professionals are called upon only when needed. Further, hiring real estate professionals allows the county to have the benefit of broader market exposure which will result in more competitive pricing in all real estate transactions. At their April 26, 2013, meeting (Agenda Item 10 G)the Board authorized the issuance of a Request for Proposals for real estate and property management discipline/service areas to provide: 1. Marketing & disposition of County-owned assets in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 4 Packet Page-929- 1/12/2016 16.B.2. 2. Identify, negotiate and acquire lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes and local governing Ordinances, including, but not limited to 3. Identify, negotiate and lease lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 4. Oversight& management of County-owned assets ensuring compliance with all State, Federal and local laws and ordinances. Nothing shall preclude the county from contracting with other real estate brokerage/management firms should the need arise, i.e., need for specialized knowledge as to a specific project. If travel expenses are incurred as a result of the completion of the Scope of Service,the County will pay those travel and meal per diem expenses according to Section 112.061 Florida Statutes. Reimbursable items other than travel expenses shall be limited to the following: telephone long- distance charges,fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Term of Contract The contract term, if an award(s) is/are made shall be for two (2)years with two (2) possible one (1) year renewal periods. Fees/prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index(CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 5 Packet Page -930- 1/12/2016 16.B.2. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice April 24, 2013 Last Date for Receipt of Written Questions 5/2/13, 12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions (if 5/6/13 needed) Solicitation Deadline Date and Time 5/16/13, 12 Noon, Naples Local Time Anticipated Board of County Commissioner's Contract June 2013 Approval Date Anticipated Completion of Contract Negotiations June- July 2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County.The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Management Summary and Project Understanding In a maximum of two (2) pages provide: • A cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of providing the services stated herein; 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 6 Packet Page -931- 1/12/2016 16.B.2. • A brief overview of the company's goals and objectives of the project and how the firm will accomplish the scope of work; • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal; and • List all proposed qualified professionals who may participate on the team. • Select the disciplines/fields/specialties that the firm is proposing on: 1. Commercial Real Estate (Insert yes if interested in supplying these services) 2. Residential Real Estate (Insert yes if interested in supplying these services) 3. Property Management Services (Insert yes if interested in supplying these services) 2. Tab 2, Firm's Experience (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only tndexk Commercial Real Estate Experience -. Response. a. rr,tnfiarmation 1. Indicate the number of years the proposer has been in commercial real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer— brokers" or"buyers-agents" in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1 -3 to determine the proposer's Experience. TOTAL''. 13-6099 Commercial and Residential Real Estate and Property Management R FP_N on_CC NATempl a te_0101/2013 7 Packet Page-932- - - - 1/12/2016 16.B.2. Residential Real Estate Submittals Only Index..; ReslidentialReal Estate Experience Response Information 1. Indicate the number of years the proposer has been in residential real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer— brokers" or"buyers-agents" in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add,items'1 —3 to determine the proposer's Experience. TOTAL Property Management Submittals Only Index' Property,Management;Experience Information ",` _ Response 1. Indicate the number of years the proposer has been in property management business. (number of years) 2. Provide the total number of clients served by the firm in the past five (5)years from January 1, (number of clients 2008 through December 31, 2012. served) 3. Provide the total number of certified/licensed staff members in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide sample management contract. TOTAL Add items 1 —3 to determine the proposer's Experience. TOTAL The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. By discipline/service area and prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 8 Packet Page-933- 1/12/2016 16.B.2. The County shall total the proposer's Minimum Qualifications and create a ranking from highest number to lowest number. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the highest score. • The next highest proposer's number of points will be divided by the highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Proposer Total Minimum Proposer Name, Pants Awarded: Qualificatton'Score Ve ndor ABC 445 20 Vendor DEF 435 20 Vendor GI-II 425 19 Vendor JKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 The points awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee Members may, at their sole discretion, modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Firm's Fiscal Stability and Florida Real Estate Commission Compliance (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Index Fiscal Stability1nformation,'`` Response. 1. Provide the primary proposer's Dun and Bradstreet Composite Credit Appraisal rating. (number) • Provide a copy of the Dun and Bradstreet report for primary proposer and all companies affiliated with the resultant proposal. 2. Indicate the number of times the proposer or their principals have filed for bankruptcy during the past five year (January 1, 2008- December 31, 2012). (number) 3. Provide the average number of days the firm pays its accounts payable transactions. (average number of days) 13-6099 Commercial and Residential Real Estate and Property Management R F P_N o n_CC NATem p l ate_0101/2013 9 Packet Page-934- 1/12/2016 16.8.2. 4. Provide the number of external audit"management comments/letters"received during the past five year (January 1, 2008- December 31, 2012). (number) • Provide a copy of all management comments/ letters during that period. 5. Indicate the number of complaints, notices of non- compliance, or citations from the Florida Real Estate Commission. TOTAL Add items 1 —5 to determine the proposer's Fiscal Stability. (TOTAL) The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Fiscal Stability and create a ranking from lowest total to highest total. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest score. • The highest proposer's number of points will be divided by the next highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 4. Tab 4, Fees/Costs (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only Index .! Cost/Fee Information; Response 1. Provide the commercial real estate fee percentage applied to all real estate transactions. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Residential Real Estate Submittals Only Index ` Cost/Feelnfornation Response 1. Provide the residential real estate fee percentage applied to all real estate transactions. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 10 Packet Page-935- 1/12/2016 16.B.2. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Property Management Submittals Only Index , b..A ' E.Cost/Fee,zlnformatiorif .r,_.F .;' ..... .F Respon"se., 1. Provide the property management hourly rate. • Provide resumes of the individuals who will be (Hourly rate) assigned to complete this scope of service. By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Costs and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). • See example below of scoring method. Proposer...Name ,! Proposer.Total.Cost..; Points Awarded Vendor ABC $2,500 20 Vendor DEF 12,000 4 Vendor CHI 15,500 3 Vendor JKL 15,500 3 Vendor MNO 20,000 3 Vendor PQR 102,000 0 5. Tab 5, Service Information (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only.Inde4, . . `.. u 1n -Service Information ., 4 ,., F ..;F Response 1. Provide the total number of commercial properties listed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 11 Packet Page-936- listed) 2. Provide the tota number of commercial properties sold/rented/closed in Collier County from January 1, 20UD through December 31. 2U12. (Total number of properties sold/nented) 11 'Ito a 547:t!MAIriffir:': Residential Real Estate Submittals Only 1. Provide the total number of residential properties listed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties listed) 2. Provide the total number of residential properties sold/rented/closed in Collier County from January 1, 2OO8 through December 31. 2O12. (Total number of properties sold/nanbyd) |y Property Management Submittals Only om _ Response 1. Provide the total number of contract in place for property managed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties listed) 2. Provide the total number of recurring contracts that the firm has retained. (i.e.the initial contract expired and the firm was rehired for another contract period) (Total number of recurring contracts) TOTAL(Add lines one (1) plus two (2),,a_nd anterthe total)/ By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: 13-6099 Commercial and Residential Real Estate and Property Management nFp_wo,_oowpTemn|ove_0101o013 12 Packet Page-937- 1/12/2016 16.B.2. • The County shall total the proposer's Preliminary Cost Assessment and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest number of days. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 6. Tab 6, References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal, as described below. The County will only use the methodology calculations for the first five (5)references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five(5) reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 13 Packet Page-938- 1/12/2016 16.B.2. co `�►-copy Reference Questionnaire Administrative Services Division Purctisong Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Reference Questionnaire for: (Name of Company Requesting Reference Information) Name of Individuals Requesting Reference Information Evaluator completing reference questionnaire: Evaluator's Company completing reference: Email FAX Telephone: Collier County is requesting reference information on firms or their key personnel to be used in the selection of a firm to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Name of Project Completed by Firm: Project Description Project Start Date(from Notice to Project End Date(2 weeks past Total Number of Days Proceed) implementation) (over Schedule) Item Criteria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow agency's policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 14 Packet Page-939- 1/12/2016 16.B.2. 7. Tab 7, Local Vendor Preference(10 Points) and Other Information to Submit Complete the following information as requested and return all completed materials below. • Attachment 5: Local Vendor Preference: Firms who do not provide the completed Attachment 5: Local Vendor Preference at the time of submittal shall receive zero (0) points for this criterion. • Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemp late_0101/2013 15 Packet Page -940- _ -_ _ - -_ __ 1/12/2016 16.B.2. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website:www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as,this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP,to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before May 16, 2013: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 16 Packet Page-941- 1/12/2016 16.B.2. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one(1) paper copy clearly labeled "Master,"and six(6) electronic media (CD's/DVD's/iump drives) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty(180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Professional will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Professional shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one(1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee,the Procurement Professional will post a notice announcing the date,time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 17 Packet Page-942- _ _ __ - - _ = - _ 1/12/2016 16.B.2. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts.The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial real estate, residential real estate and property management firms to be awarded a contract. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Firm's Experience 20 Tab III, Firm's Fiscal Stability 20 Tab IV, Fees I Costs 20 Tab V, Service Information 20 Tab VI, References 10 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking,the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five(5) years will receive the higher individual ranking. If thereis a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 18 Packet Page-943- 1/12/2016 16.6.2. Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract,the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 19 Packet Page-944- v, 1/12/2016 16.B.2. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply. with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the.full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services,or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101/2013 20 Packet Page-945- 1/12/2016 16.B.2. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 21 Packet Page-946- _. - -.. - - ----------- = - -- - = 1/12/2016 16.B.2. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 22 Packet Page -947- 1/12/2016 16.B.2. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order-by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 23 Packet Page -948- • - - 1/12/2016 16.B.2. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment,with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101/2013 24 Packet Page-949- 1/12/2016 16.B.2. notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 25 Packet Page-950- _ - - _ - - - =- = 1/12/2016 16.B.2. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(cDcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard—payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty(60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted(or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CC NATem pla te_0101/2013 26 Packet Page-951- 1/12/2016 16.B.2. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site.All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 27 Packet Page-952- -_- = _ _ __ ,_ 1/12/2016 16.B.2. other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12.Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause;further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be • sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction,-luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 28 Packet Page -953- 1/12/2016 16.B.2. 16. Survivability Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 13-6099 Commercial and Residential Real Estate and Property Management resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five(5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19.Security and Background Checks If required, Vendor/Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 29 Packet Page-954- _ 1/12/2016 16 and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's I vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_0101/2013 30 Packet Page -955- 1/12/2016 16.B.2. agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 13-6099 Commercial and Residential Real Estate and Property Management RFP Non CCNATemplate_0101/2013 31 Packet Page -956- = _ - _ = 1/12/2016 16.B.2. Coie-r County Administrative Services Division Purchasing Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore,we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 13-6099 Commercial and Residential Real Estate and Property Management for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) El Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13-6099 Commercial and Residential Real Estate and Property Management R FP_Non_CCNATemplate_0101/2013 32 Packet Page -957- CO ler County Administrative Servioss Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director ❑ The mailing envelope must be sealed and marked with Solicitation 13-6099 Commercial and Residential Real Estate and Property Management and May 16, 2013, 12 Noon, Naples Local Time. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 33 Packet Page -958- Coo er COW1ty Administrative Services Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below,the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by ,who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 34 Packet Page-959- 4z �. �. _ .. •_. .:_ �. �� _ �_ .��_ - _�_._ ... �_ w._ 1/12/2016 16.B.2. err Adniirtistiatve Services D on Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management. (Proposal Continued on Next Page) • 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 35 Packet Page -960- PROPOSAL CONTINUED IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of ,20 in the County of , in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number. Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City,State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_01 0 1120 1 3 36 Packet Page -961- Cotter County Achhisirative Services Division Pu Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: Year Business Established in ['Collier County or❑ Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 37 Packet Page -962- 1/12/2016 16.B.2. Coi`er Cowity Administ alive services Division Purchasing Attachment 6:Immigration Affidavit Certification Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 38 Packet Page -963- ��ier C�+aunty Adrnhistrative sDivision Purchasing Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification in accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit!Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) _Individual/Sole Proprietor _Corporation Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 39 Packet Page-964- 1/12/2016 16.B.2. Corti;- County Administrative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $500,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $ 1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Packet Page-965- 1/12/2016 16.B.2. ❑Valuable Papers Insurance $ Per Occurrence 6. [' Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 41 Packet Page-966- 1/12/2016 16.B.2. Co er c >I , y Email: joannemarkiewicz @colliergov.net Administrative Services Division n Telephone: (239) 252-8975 purchsing FAX: (239) 252-8340 Addendum 1 Date: 5/3/13 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Suppliers Subject 13-6099 Commercial and Residential Real Estate and Property Management The following clarification is made to the above mentioned Collier County solicitation: 1. Page 3: Bold and underlined language added; strikethrough language modified: and provide recommendations as described in the Scope of Work. Services to be provided may include: residential and commercial (including industrial) real estate and property management firms to assist the county with the purchases sale, lease and management of the county's significant real estate holdings. 2. Page 18, Item 7: Bold and underlined language added; strikethrough language modified: The committee will compile individual rankings, based on the evaluation criteria as stated herein,for each proposal to determine committee recommendations.The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final staff recommendation will be decided based on review of scores and consensus of the committee. The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial/industrial real estate, residential real estate and property management firms to be awarded a contract. 3. Please describe the County's real estate portfolio? Answer: Please refer to the question, and response at the Online Bidding System. Packet Page -967- 1/12/2016 16.B.2. Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 2 4. Please provide more detail on the expected scope of work for the Airport? Please provide more information the airport itself and any"gaps? Answer: The Board of County Commissioners has recently issued a solicitation for consulting services for an Airport Management Consultant; the recommendation for an award will be taken before the Commissioner in late May 2013. More specific information on the airport may be found at htto://www.colliergov.net/index.aspx?page=20. 5. Please further describe the residential real estate uses and needs? Answer: The County attempts to acquire easements via donations. In the event the County is unsuccessful, the County acquires fee and easement interests for above ground and below ground infrastructure for parks, public utilities, roads, libraries, Conservation Collier, EMS, Solid Waste, Beach renourishment,Tax Collector, Property Appraiser, etc. 6. Please describe the real estate transactions (acquisition & disposition)which took place during 2012 and 2013 to date. Answer: In fiscal year 2012, the County's Real Estate and Property Management office acquired 52 property interests(fee and easement)valued in excess of$548,398 (paid $307,853 in compensation) as follows: • Three(3)for Parks & Recreation including Bollt canals/reservoir, Ann Olesky Park and Bluebill sewer from CC to CCWSD; • Thirty six(36)for Public Utilities including reclaimed water, master pump stations, sewer lines, groundwater monitoring, future well field ; • Thirteen (13) properties classified as Other: Temporary Construction Easements and Rights-of-Entry for Hammerheads and Designated Driveways, easements and Bills of Sale between Collier County& Collier County Water& Sewer District, fee land purchase for Immokalee CRA. In fiscal year 2012, the County's Real Estate and Property Management processed fifty-nine (59) sales & easements that consisted of the following: sold NSP properties, processed FPL & LCEC easements, easements between Collier County & Collier County Water& Sewer District. Fiscal year 2013 to data, there have been nineteen (19)transactions. Packet Page -968- 1/12/2016 16.8.2. Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 3 7. Does the County's overall strategy include using real estate as a revenue-raising (i.e., sale- leasebacks). Answer: In the past,the County has sold surplus properties that were no longer needed for County projects. The sales process is governed by Florida Statutes. 8. Is a partnership comprising the real estate vendor acceptable (i.e.,. two firms joining together for his account work)? Answer: In this solicitation, there is nothing that precludes two firms from "jointly" establishing a relationship as long as that relationship is well documented and acknowledged by both companies in the proposal. 9. Does the County consider overall asset performance in the evaluation of vendors? IE— Energy performance/quality of preventive maintenance/quality of facility safety programs? Answer: Evaluation criteria (and points)for this solicitation is identified on pages 7-15. There is nothing that precludes a proposer from identifying this information to assist the Selection Committee members with the overall evaluation of the proposer. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Packet Page-969- 1/12/2016 16.B.2. a) a) a a a o O v O g O V a) w ...cr) w 1 . E a1 a t O a t O a.' O O C C Q) C 4) C a) U Y a) a a) d O 4. 0 0 i+ •E V V .+i C) '_ : to C) c - cA Ut0 mN C — 0 } C O O } O O >-- a ai = ca 1- S c4 H F 2 c1 U) it E 2 E �., M t Y t . . . C a) C ,u a) C V C) C (3 N `a. >-a y C C C !�. to t6 as M 0) c" 0) Ly, N op ) wa a r w aU w a � '� ca W w J iCa Ts ip C w C' C N J O ,W C a Z it N E Q W E > 13 LL 'O W u- 'a LL " a LJl +.' � z o Ca d g aa .`"J GE .L ns �' 07 .L a of a ,Q n O a O a� .J Z. fn 0 d Z co U 4 € CU t U t0 a O to t . . - O.W O 'W O ii. U � 0 a) UOW. 0 CC U ci W m E ai U V jai. = O u. :=, w Cl) Li-� i—.0 v � � � a � E- a v a Packet Page-970- 1 ------ - "-- - — 1/12/2016 16.B.2.-1 _,..., ska, Attachment 2 ,114. - oa ,-- - - N cRE coNsuLTA Ts 1 14 * _ 1 COMPANY OVERVIEW TRUSTED ADVISORS OF COMMERCIAL REAL ESTATE li te '''•::•'''' '''fr V 41,0 s _ ' •ss..'.., , ..1 '4.1 '1`' „ole • .1 10 •e•Pe,d, ii. ' : ' ' 'f".■ • e.... oss,■, ' 13 or •k- it ''''' --70,1-"' # 4 ,.. ,,,,-;,,, tie...-. 4. .„,,..„ .., , ,• - - ,1„.00,. .... . . „ .... , .., ... ,... .. ,...„...„...,...,.. ..„,,,,., , ..„ ,,. -,„,.,„:„.„.....,... ,.. .,, , I -4 " -"' ' - 1-'4°4- • . --,m0",..,, ..00r-.,- - -...--.. „ow ,001o$046rmostrotoo' _,,,,o,..0 ';;L:**-^e'"' '177-'1,,.'""''7:sir:.7-""'":'/•'7.7".',7-...zr,ar,r;\‘1,-,72).rr, t ti 2,.. - 4 CRE '.•"::, 1 CONSULTANTS `,.r:7.1:1!.,q1.:1,'::1';!:■;".°,`.1::',;:.1`.`, Packet Page -971- 1/12/201616.8.2. LLI Our History 0 CRE Consultants is a leading independent commercial real estate company with offices in Fort Myers, Bonita Springs, Naples, and Stuart, Florida.The company's core services portfolio includes strategic advice and execution for property leasing and sales; property management; U7 valuation services; research and investment strategy, and consulting. Commercial Real Estate Consultants, LLC(CRE Consultants)was formed in 1998 and has become Southwest Florida's documented leader in commercial real estate. More than 50 professionals, including five people who hold the coveted CCIM designation, one holding the coveted CPM designation, one holding the CAM designation and an AIA architect, compose the most experienced staff in the region, serve as trusted advisors for both owners and occupiers of commercial property throughout the Southwest Florida region and several counties on the East Coast of Florida. Growth l plans to new markets are actively underway. As an independent company,we are able to offer more services, more flexibility and the ability to expand our market reach. Client centered service remains our focus as we continue to provide knowledge-based statistical reporting, property management and brokerage services. Collaboration Today's business environment demands the ability to aggregate information, understand market dynamics,foster creative thought, and be decisive in the decision process.That process is driven by a culture of open dialogue and respected collaboration. At CRE Consultants we use every resource available to insure we provide the very best guidance which our clients have grown to expect and rely on. Our team of experienced professionals are dedicated to that singular purpose. Market CRE Consultants currently operates out of FIVE offices that serve the Southwest Florida and Martin/St. Lucie markets. Our commitment to these market areas extends beyond our professional involvement to public, civic, and charitable endeavors.We are fully vested in the fabric of these communities. • `".. CRE -.. � .CONSULTANTS Packet Page -972- . 1/12/2016 16.B. "f _1 J 111.3 LU 4 Our Services r CRE Consultants was created to deliver exceptional service to the Southwest Florida community and beyond.A clear vision combined with relentless passion has earned the trust and mutual respect of our clients since the beginning. We listen,we partner, and we execute in way that has (f) delivered tangible solutions and substantial returns. r-, (w,1 Services T. H I CRE Consultants provides a wide spectrum of brokerage and property management services for its clients to achieve their commercial real estate objectives. ✓ Acquisition and disposition �` ✓ Leasing-Office, Retail, Industrial ✓ Multi-Housing ✓ Land ✓ Asset Services/Property Management CLETS Brokerage Services SERVICE . Our firm delivers comprehensive real estate brokerage services for property owners and tenants across a full range of commercial property Y t Yp es, including office, industrial, retail, multi-family, land and more. See our results and let us do the same for you. - w l Property Management Our Property Management division serves a broad range of institutional and individual owners with office, industrial, retail, and other commercial real estate assets in Charlotte, Lee and Collier counties. ? r �'� fir' :tea x p''�i 1 Y � - ",Y �.■y ,:r ■ - . CRE Consultants,fostering a partnership to get you where you are going in Southwest Florida and beyond. ACRE . CONSULTANTS Packet Page-973- --��-` - 1/12/2016 16.B.2. \rte 1/�. 1 / 1/ Mission Statement (3 E° Establish CRE Consultants as the premier full service commercial real estate (X) 1 company in Southwest Florida, while maintaining our uncompromising principles as we grow. The following guiding principles help us measure the appropriateness of our decisions: I • Provide a professional work environment where everyone is treated with respect and dignity. • Apply the highest standards of excellence when assisting our clients in the buying, selling, leasing or managing of commercial real estate and uphold the reputation of the company as the local market experts. • Develop enthusiastically satisfied customers and clients by helping them anticipate and capitalize on changes in the complex, shifting real estate marketplace. • Explore clients'specific requirements and expectations, design appropriate strategies and strive to execute each step systematically and efficiently. 4r I • Always strive to stay ahead of our competition through continuous training supported by the most up-to-date information technology. • Contribute positively to our communities. • Recognize that profitability is essential to our future success. • Embrace change and diversity as an essential component in the way we do business. 4 � In selecting a partner,agent or employees,we always choose people who share our passion, commitment and goals, carried out with the spirit that together we can accomplish great things. CRE CONSULTANTS Packet Page -974- • - j t l 1/12/2016 16.8.2. U i ‘,I 0,/1 , ' , l IVI i I I.`.71 I I ! Illvl t. i MARKETING PROCESS LU CRE CRE UNIVERSITY PARK s �IVERSIT `CrRK II 0 , WM LOUR .k ::::::::17:- I . lit' _ ........ . rV - . . --'- Cx. Z. ?t1*GF p "— °'• L 4 t ''''''' :t; Property Flyer H Email Campaign The flyer gives a condensed, but compelling J glance at the asset that includes property photos, A professional, customized electronic campaign .---1 € for email distribution is created to enable strong headlines and an overview of general investors immediate access to marketing information. Distribution via various websites, ro materials and specific website. direct mail campaigns and local affiliation property rty s p meetings enables maximum initial exposure. Paltsadns Park at aI► International Cent.r 7 � , T'` 40 Y. . - ,,,...O , r�; '‘',..2 ° r l HK1 U w n .tvtit _ - ^'te j_ .. P ;. :.144 y I , ° boo.,n.. .. ':. __. _ Property Web Page CRE An individual property web page is created to Offering Memorandum enable investors to access any site plans,floor The memorandum provides thorough information plans, photos and financial data. about the asset including property photos and a comprehensive physical, market and financial analysis, 4 enabling investors to competently underwrite the �� opportunity. CONSULTANTS Comme dal peal Estate Brokers a com `;�F CREconsultants.Signage I. CRE Consultants signs can be seen all over t SW Florida, all with similar styling and all easily _.. associated with our company. If Ownership ® . . . desires,a sign will be strategically placed on the property to obtain maximum exposure for the gill Direct Mail Campaign listing.A rendering of the sign will be available for Professionally designed postcards can be utilized in a approval before it goes up. direct mail campaign to reach a specified target market. d%CRE .. CONSULTANTS Packet Page-975- .t..,. . ..... '••''•••••a 1/12/2016 16.B.2. U • MARKETING PROCESS LoopNet The property will be listed on LoopNet,an online t E ( F commercial listing service. With over 5 million monthly f' unique visitors,they attract the largest audience of WI �! commercial real estate brokers, investors,appraisers and LoopNet { J other professionals,viewing information across all LVapNet property types: office space, hotels and motels, multifamily apartments, retail space and land for sale. CoStar CoStar is a subscription-based property database tool that provides office, industrial,retail,land, mixed-use, CA1614 1,4 hospitality and multifamily availability and historic data in ° many US markets.This easy-to-use web-based GROUP application provides users with the ability to query data and print reports from their desktop. Other benefits include the ability to produce image reports. Company Website v vMi,; CRE Consultants' website gives worldwide access to information about brokers,specific listings and wrai background information about the company. Informationy on this property will be linked to our site from various online sources and potential buyers will receive detailed - _-, information highlighting the property. Social Media CRE Consultants' utilizes social media to further expose the company and listed properties. ACRE CONSULTANTS Packet Page-976- .,. :.:, w - 1/12/2016 16.B.2. • . r I 1. ,y) , I .4.;a°i Wr4 '• PORT MYERS " I irk t � 12140 Larissa Commerce Court � # i + ,`�� i t°y I�� Suite 102 � Fort Myers, FL 33966 . ------------1 % "' + T:239.481.3800 1,i;I. ' .'- "e11,'s�r t't F.239.481.9950 y YY ry., 1`"`--- } NAPLES 1100 Fifth Avenue S. e 1 Suite 100 I Naples,FL 34102 j ' r" T:239.659.1447 I `� F:239.659.4028 I !r; , BONITA SPRINGS 27299 Riverview Center Blvd. ' ( Bonita Springs,FL 34134 ' .. T:239.444.1700 I �,� F:239.444.1702 i' « � tf1 f Y ) �j Y «4. i % ' UNIVERSITY PARK f . 12800 University Drive i MR Suite 575 '� {P rc`� :: A ```` a�a ;._ Fort Myers12F81-033907 ' ' r _. _ T:239.482. y� + F:239.482.2069 r 1 .. • . . . , • ..,., A STUART g t r t I. 1� k 368 NW A Ice Avenue rr, ( .- , .,i Stuart, FL 34994 , I, T:772.403.5204 ` F:239.481.9950 .F . .*t.�4 I*'• '' to 4hCRE __1.... CONSULTANTS www.creconsultants.com rclslR..lEaa.Conrvlt.cU,ILG M Fier Td•lice nssd Re.i Esta to Broker i { i Packet Page -977- i 1/12/2016 16.B.2. - CREPROFESSIONAL PROFILE Attachment 3 CONSULTANTS Commercial Real Estate Consultants, LLC Florida Licensed Real Estate Broker RAYMOND F. SANDELLI Managing Partner T 239.481.3800 x206 C 813.545.7441 F 239.481.9950 ray.sandelli@creconsultants.com EXPERIENCE Raymond F. Sandelli is the Managing Partner at CRE Consultants. He began his brokerage career with CBRE, Inc. as an Office Leasing Specialist in Seattle,Washington. In 1985, he joined the Cincinnati office as Sales Manager, and in August of 1987, he assumed the position of Managing Officer. In 1995, Mr. Sandelli became the Sr. Managing Director of the CBRE Tampa office and in 2000, assumed responsibility for the Florida Region. In 2007, Mr. Sandelli assumed statewide oversight for lender and servicer representation for the reposition of all property types through CBRE's Recovery and Restructuring Services program In 2000 Mr.Sandelli was the recipient of the J. Frank Mahoney Award for Excellence,the firm's highest acknowledgement for management. In 2005 the Florida Region,received the President's Award as CBRE's top performing large market area. Prior to joining CBRE, Mr. Sandelli was the Vice President of Leasing for The Rainier Fund, Inc., a Seattle based commercial real estate development and management firm. AFFILIATIONS • Advisory Board, Past President Real Estate Investment Council • Board, Past Chair,Center for Real Estate Studies, University of Florida(graduate studies) • Past President and Foundation Chair,Tampa Downtown Rotary Club • Tampa Downtown Partnership, Past Chair • Volunteer, Habitat for Humanity,Juvenile Diabetes, Real Estate Lives ACHIEVEMENTS • J. Frank Mahoney Award for Excellence-recipient of CBRE's highest acknowledgement for management, 2000 • President's Award, Florida Region—CBRE's top performing large market area,2005 EDUCATION • Bachelor of Science degree in Business Administration from Monmouth University,Long Branch, New Jersey. • Following graduation, Mr.Sandelli completed eight years of military service as a Naval Officer and Aviator. His final tour was as a member of the Navy's Flight Demonstration Squadron,the Blue Angels. 12140 Carissa CommerrA Cnurt I Suite 102 I Fort Myers, FL 33966 Packet Page-978- ::.. :. 1/12/2016 16.B.2' - CREPROFESSIONAL PROFILE CONSULTANTS Commercial Real Estate Consultants, LLC Florida Licensed Real Estate Broker BIAGIO BERNARDO Broker Associate T 239.659.1447 x21 - t F 239.659.1447 " '.M.: C 239.293.2350 ► biagio.bernardo@creconsultants.com EXPERIENCE Biagio Bernardo is a Broker Associate with CRE Consultants, LLC in the Fort Myers/Naples office. He specializes in Retail Leasing, Land Sales and Investment Sales. He is an accomplished professional with a unique combination of business experience, having owned a retail business as well as a solid understanding of commercial real estate that enables him to exceed client expectations. Merriam-Webster describes Entrepreneur as: one who organizes, manages, and assumes the risks of a business or enterprise. Biagio has demonstrated these qualities over and over evidenced by his 26 years of being an accomplished jewelry retailer and master jeweler in New Jersey multi-generational clients were exuberant in the knowledge that their baubles whether new or treasured heirlooms were treated with care and respect due to his attention to detail. Biagio began his Real Estate career in 2006 as a tenant rep focusing on site selection and contract negotiations. In CNovember of 2011 Biagio hit the ground running at CRE Consultants in Southwest Florida, quickly learning the market and growing relationships. He is a member of the Retail Team at CREC where he is skilled in commercial property transactions, investment sales, landlord and tenant representation. He is an accomplished professional with a unique combination of skills and business experience that enables him to exceed client expectations. CLIENTS REPRESENTED AFFILIATIONS • Cameron Partners, LLC • International Council of Shopping Center(ICSC)—Member • Tobin Development • First Hartford Realty • National Real Estate Association(NAR)—Member • PNC Bank • T-Mobile • Painting With a Twist • Beasley Broadcasting EDUCATION • Cusano's Bakery • Capital My Finance • NCH • Florida Real Estate Broker License • Walmart • Numerous real estate training courses • Allied Building Materials • Redline Crossfit • Tropical Smoothie • Pelican Larry • Bon-Aviv Ventures • Hendricks Commercial Properties • Gates Construction • Davis Engineering • Little Caesars • Bank of America • Wells Fargo • Krispy Kreme Donuts • Salvation Army 12140 Carissa Commerce Court I Suite 102 I Fort Myers, FL 33966 Packet Page -979- 1/12/2016 16.B.2. FHoridaRealtors, Exclusive Right of Sale Listing Agreement For Commercial Property The Voice for Real Estate in Florida "4. This is a legal and binding contract on all parties hereto,including their heirs,legal representatives, successors and assigns and if it is not fully understood,OWNER should seek competent legal advice. 1. This contract made and entered into by and between: 2. Collier County Community Redevelopment Agency ("OWNER"which term shall include singular and plural) 3" and Commercial Real Estate Consultants LLC,dba CRE Consultants,LLC ("BROKER") 4• OWNER hereby gives BROKER for a period of time commencing the 12th day of January 2016 •and terminating the 13th s" day of July,2016 •or any renewal hereof("Termination Date")THE EXCLUSIVE RIGHT AND AUTHORITY to find a pur- 6 chaser of the real property and/or inventory or assets,lease,lease with option to purchase,rent or 7 exchange for the herein described property and personalty described in Paragraph 1(A).Upon full execution of a contract for 8 sale and purchase of the Property,all rights and obligations of the Agreement will automatically extend through the date of 9 the actual closing of the sales contract. to A. Description of real property: 11" Street address: 4265 Bayshore Drive(Folio#61840840003,61840960006,61840960103)and 4316 Bayshore Drive(Folio#53401660005) 12" Legal Description: see Exhibit"A"attadred hereto and made a part hereof. 13' 14" 15" 16" 17 B. Description of personal property(including machinery,inventory,supplies and equipment):Upon the following price 1e' and terms: NIA 19" 20' 21" 22" 23' Price:$4,150,000 24" Terms:(include special financing terms here) wA 25' 26" C. Mortgage Information:existing mortgage with$N/A Balance; %,Payable$ ,Per Month 27' P.I.$ Approximately years to run. 28 D. Interest on encumbrances,taxes,insurance premiums and rents shall be adjusted pro rata at the date of closing. 29 Improvement liens,if any,will be discharged by the OWNER.The usual and customary time to be allowed for examination 30 of title and closing of the transaction.Personal property to be included in the purchase price shall include all fixed equip- 31' ment,and plants and shrubbery now installed on said property.It is understood that the sale is to include: ❑the good- 32' will and name as a going concern; ❑ furniture,fixtures and equipment as per attached inventory; ❑advertising;con- 33" tract rights; D leases; D licenses; 0 rights under any agreement for interests except as stated herein.Seller shall 34 convey title to personal property assets by Bill of Sale Absolute giving good marketable title unless the sale is a secured 35 transaction,in which case a Security agreement will be required by the purchaser.The OWNER agrees at its expense to 36" provide(a)preparation of and delivery to the Purchaser of a warranty deed or other statutory deed conveying a mar- 37 ketable title free and clear of all liens except encumbrances of record assumed by the Purchaser as part of the purchase 38 price(public utility easements) ;(b)abstract of title or binder for marketable title Insurance policy;(c)documentary 39 stamps for the deed;(d)Seller's attorney fees;(e)recording fee for satisfaction of existing mortgage is paid off. 40 2. BROKER agrees: 41 A. To process Property through Multiple Listing Services. 42 B. To inspect and become familiar with the Property and promote its sale; 43 C. To present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract 44 for sale; 45 D. To advertise the Property as Broker deems advisable including advertising the Property on the Internet unless limited 46 in 2(d)(i)or 2(d)(ii)below. 47 (Seller opt-out)(Check one if applicable) 46' 0(ii Display the Property on the Internet - -= -- -- •__ - - -- ' _- -_ _- _ -_ _ . - 49 lotcrnct; so. Seller ( )( )andBroker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 1 of 4 Pages. ERS-6cp Rev.11/09 ®2009 Florida Association of REALTORS® All Rights Reserved Serial#:015734.100143.7404298 il).l l ' S f i S..I '' Packet Page-980- rThc- 1/12/2016 16.6.2. sl- ❑ (ii) Seller does not authorize Broker to display the Property on the Internet. 52 Seller understands and acknowledges that if Seller selects option(ii),consumers who conduct searches for listings on the Internet will not see information about the listed property in response to their search. / initials of Seller. ss E.Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online.These websites are 56 referred to as Virtual Office Websites("VOW").An automated estimate of market value or reviews and comments about a prop- 57 erty may be displayed in conjunction with a property on some VOWs.Anyone who registers on a Virtual Office Website may 58 gain access to such automated valuations or comments and reviews about any property displayed on a VOW.Unless limited 59 below,a VOW may display automated valuations or comments/reviews(blogs)about this Property. 60" 0 Seller does not authorize an automated estimate of the market value of the listing(or hyperlink to such estimate)to 61 be displayed in immediate conjunction with the listing of this Property. 62" 0 Seller does not authorize third parties to write comments or reviews about the listing of the Property(or display a 63 hyperlink to such comments or reviews)in immediate conjunction with the listing of this Property. 64 F. To the extent not in conflict with BROKER'S duties under paragraph 6 below,to furnish information requested by 65 another agent or licensed real estate broker and to assist cooperating broker in closing transaction on the Property 66 when requested. 67 G. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to 68 show Property,but BROKER accepts no responsibility for loss or damage;and 69• H. To ❑utilize 0 not utilize the name of the OWNER in connection with marketing or advertising of the Property 70 either before or after sale; 71 I. To represent the OWNER,and thereby is authorized to accept,receipt for and hold all monies paid or deposited as a 72 binder or deposit on the purchase of the Property,and the duties of the BROKER relative thereto shall be in accordance 73 with the laws of the State of Florida and regulations of the Florida Real Estate Commission;and 74 3. OWNER agrees: 7s A. To pay the BROKER compensation in accordance with the terms of this Agreement set forth in paragraph 4 below; 76" B. To give BROKER permission to pay cooperating brokers,except when not in OWNER'S best interest: 0 and to offer 77' compensation in the amount of Three %of the purchase price or$N/A to buyer's agents,who represent 78' the interest of the buyers,and not the interest of OWNER in a transaction; ❑and to offer compensation in the amount of 79' N/A %of the purchase price or$N/A to a broker who has no brokerage relationship with the buyer or °^Y OWNER; ❑and to offer compensation in the amount of N/A %of the purchase price or$N/A to trans- action brokers for the buyer; ED None of the above(if this is checked,the Property cannot be placed in the MIS.) C. In the event of an exchange,to permit BROKER to represent all parties and collect compensation or commissions from 83 them.BROKER is authorized to pay other brokers such compensation or commissions in any manner acceptable to brokers. 84 D. To pay compensation due BROKER if Property,or any interests therein is sold,leased or contracted to be sold or es• leased or otherwise transferred within 720 days after Termination Date to anyone to whom the Property was submit- 86 ted by or through the efforts of any BROKER or the OWNER before the Termination Date.However,the obligation to 87 pay such compensation to BROKER shall cease if a bona fide Exclusive Right of Sale Contract is entered into after 88 Termination Date with another licensed BROKER and a sale,lease,exchange or contract therefor,of the Property is 89 made during the term thereof; 90 E. To notify the BROKER in writing before leasing,mortgaging or otherwise encumbering the Property and to provide 91 details of any such encumbrances; 92 F. To refer immediately to BROKER all inquiries relative to the purchase or leasing of the Property. 93 G. To warrant accuracy of information set forth herein and on the data sheets,exhibits and addenda attached hereto and 94 to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein; 95 H. To furnish BROKER with keys to the Property and make the Property available for BROKER to show during reasonable hours; 96 I. To pay any applicable sales tax when due; 97 J. To obtain any information relating to the present mortgage or mortgages on the Property including existing balance, 98 interest rate,monthly payment,balance in escrow and payoff amount; 99 K. To authorize BROKER to place"For Sale","Under Contract"OR"Sale Pending"signs upon the Property and to 100 remove the signs upon termination of this Agreement or sale of the Property;and 101 L. To otherwise cooperate with the BROKER in carrying out the purpose of this Contract. i02 M. Provide all reasonable financial information,including but not limited to balance sheet,etc. 103 4, Compensation: OWNER agrees to pay BROKER as follows,including paying all taxes,if any,on BROKER'S services,if io4 BROKER,any agent of BROKER or a Buyer's Broker procures a buyer who is ready,willing,and able to purchase,lease,or ios exchange the property,and/or inventory of the OWNER,and/or assets of the business whichever is applicable,on the terms 106 of this Contract or any other terms acceptable to OWNER.The stated compensation shall be paid to the BROKER in the 107 event of a sale,exchange,or transfer of any interest including stocks or shares in the Property during the term of this con- 'oa tract,whether such transaction,sale or exchange be accomplished by the BROKER or any other person or entity including OWNER:(complete whichever fee arrangements apply): no* Seller ( )( )and Broker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 2 of 4 Pages. ERS-6cp Rev.11/09 ®2009 Florida Association of REALToRs® All Rights Reserved Serial#:016734-1001434404298 lormsimpicity Packet Page-981- (`?T` 1/12/2016 16.B.2. 111• A. (CHECK ONE): ❑ SIX %of gross sales price, or❑ %of gross sales price plus$ , or ES including 112 fees BROKER may pay to cooperating brokers.OWNER shall pay this fee at the time,and from the proceeds,of closing.If 113• OWNER transfers the Property for nominal consideration,OWNER shall pay$ on the date OWNER transfers title. 114 B. In the event the Property is leased during the term of this Agreement,OWNER shall pay to BROKER a leasing fee of 11 s• $ or six %of gross lease amounts.The fee shall be paid to BROKER when BROKER,OWNER or anyone 116 working by or through BROKER produces a tenant acceptable to OWNER.If the tenant purchases the Property at any 117 time,even if such a purchase is subsequent to the expiration date of this Agreement,BROKER shall be paid the stated 118 compensation set forth in Paragraph 4A at the time of closing. 119" C. In the event that deposit(s)be retained, 50 %thereof,but not exceeding the compensation provided above,shall 120 be paid to the BROKER as full consideration for BROKER(s)services,including costs expended by BROKER,and the 121 balance shall be paid to OWNER.If the transaction shall not be closed because of refusal or failure of OWNER to per- 122 form,the OWNER shall pay the said compensation in full to BROKER upon demand. 123 5. OWNER understands that this Contract does not guarantee the sale of the Property but that it does assure OWNER 124 that BROKER will make earnest and continued effort to sell the Property until this Contract is terminated. 125" 6. (CHECK ONE)OWNER D DESIRES ❑ DOES NOT DESIRE UTILIZATION OF A LOCKBOX SYSTEM.IN THIS 126 REGARD,OWNER HAS BEEN INFORMED THAT THROUGH THE USE OF A LOCKBOX SYSTEM,THE PROPERTY 127 MAY BE MORE READILY SHOWN TO PROSPECTIVE BUYERS,BUT THAT PERSONAL PROPERTY OF OWNER, 128 MAY,THEREFORE,BE MORE SUSCEPTIBLE TO THEFT OR DAMAGE.OWNER AGREES THAT THE LOCKBOX,IF 129 UTILIZED,WILL BE FOR THE BENEFIT OF OWNER AND RELEASES BROKER AND THOSE WORKING BY OR 13o THROUGH BROKER,AND THE BROKER(S)LOCAL BOARD(S)AND/OR ASSOCIATIONS OF REALTORS FROM ANY 131 LIABILITY AND RESPONSIBILITY IN CONNECTION WITH ANY LOSS THAT MAY OCCUR.THE BROKER ADVISES 132 AND REQUESTS THE OWNER TO SAFEGUARD OR REMOVE ANY VALUABLES NOW LOCATED ON THE PROPER- 133 TY AND TO VERIFY THE EXISTENCE OF OR OBTAIN PROPER PROPERTY INSURANCE.SHOULD A TENANT BE IN 134 THE PROPERTY,THE SELLER SHOULD NOTIFY THE TENANT IN WRITING OF THE USE OF A LOCKBOX. 135 7. OWNER authorizes BROKER, upon execution of a contract for sale and purchase,to notify the Multiple Listing Service of 136 the pending sale and after closing of the sale to disclose sale information including the sales price to the Multiple Listing Service, 137 other REALTORS and appraisers. 138 8. In the event any litigation arises out of this Contract,the prevailing party shall be entitled to recover reasonable attorney fees 139 and costs. 140 9. TERMINATION: This Contract shall terminate as of the Termination date unless sooner terminated as provided below: 141 A. If OWNER decides,because of a bona fide change in circumstances,not to sell the Property,this Contract shall be 142 conditionally terminated as of the date OWNER executes a Withdrawal Agreement and pays BROKER a cancellation fee 143" Of$500.00 . 144 145 B. If at any time during the term of this Contract,BROKER determines that the proceeds from the sale of the Property which OWNER would reasonably expect to receive will not be sufficient to pay the compensation due BROKER,then 146 this Contract may be terminated by BROKER upon three days written notice to OWNER. 148 10. MANDATORY ARBITRATION:ATTORNEYS'FEES: All claims,disputes,and other matters in question between the parties arising out of or relating to this Contract,or any addendum or addition,SHALL BE DECIDED BY MANDATORY BINDING ARBITRA-TION 149 in accordance with the Florida Arbitration Code,Chapter 682, Florida Statutes .Each party shall select any arbitrator and the two 150 arbitrators so chosen shall choose a third arbitrator.The three arbitrators so chosen shall hear and determine the matter.THIS 151 AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER THE FLORIDA ARBITRATION CODE,and judg- 152 ment upon the award rendered by the ARBITRATORS may be entered by the Court having jurisdiction thereof.In connection with any 153 such arbitration or litigation,the prevailing party shall be entitled to recover all fees and costs incurred including reasonable attor- 154 neys'fees.OWNER has been advised and consents to permit BROKER to file a lien against the Property,if applicable,for unpaid 155 real estate commissions,pursuant to Section 475.42(1)(j),Florida Statutes,which lien shall be released only at such time as the full 156 commission and all other sums due under this Agreement,including interest,attorneys fees and costs,have been paid In full. 157 11. COMMERCIAL LIEN ACT DISCLOSURE: The Florida Commercial Real Estate Sales Commission Lien Act provides that 158 when a BROKER has earned a commission by performing licensed services under a brokerage agreement with you,the BROKER 159 may claim a lien against your net sales proceeds for the BROKER'S commission.The BROKER'S lien rights under the act cannot be 160 waived before the commission is earned. 161 12. MISCELLANEOUS: This Agreement is binding on BROKER's and OWNER's heirs,personal representatives,administrators, 162 successors and assigns.BROKER may assign this Contract to another listing office.This Contract is the entire agreement between 163 BROKER and OWNER.No prior or present agreements or representations shall be binding on BROKER or OWNER unless included 164 165 166' Seller ( )( )andBroker/Sales Associate ( )(-)acknowledge receipt of a copy of this page,which is Page 3 of 4 Pages. ERS-6cp Rev.11/09 ©2409 Florida Association of REALTORS All Rights Reserved Serial# 018734400143.7404298 t i i a 'i r`l•f~ Packet Page -982- ,? ) 1/12/2016 16.B.2. 167 in this Contract.Signatures,initials and modifications communicated by facsimile will be considered as originals.The term'buyer"as 168 used in this Contract includes buyers,tenants,exchangors,optionees and other categories of potential or actual transferees. • 13. ADDITIONAL TERMS This listing agreement consists of the attached components parts,all of which are as fully a 170' part of this Listing Agreement as if herein set out verbatim:Agreement 13-6099 for Commercial&Industrial Real Estate&Property Management Services 171' and Addendum/Addenda. 172` 173' 174' 175" 176' Date: December 8,2015 Seller: Collier County Community Redevelopment Agency Tax ID No: 59-6000558 (print name) 177" Telephone#'s:Home Work (239)643-1115 Cell Fax: 178' Address: 3299 Tamiami Trail East, Naples, FL 34112 E-mail: jeanJourdan@colliergov.net 179" Date: Seller: Tax ID No: (print name) 180" Telephone#'s:Home Work Cell Fax: 181' Address: E-mail: 182' Date: Authorized Listing Associate or Broker: (print name) 183" Brokerage Firm Name: Commercial Real Estate Consultants LLC,dba CRE Consultants,LLC Telephone: 239481-3800 184• Address: 1100 Fifth Avenue South, Suite 100, Naples, FL 34102 1as• 186 Signature of Seller Signature of Seller-DONNA FIALA,CRA CHAIR ,08 Signature of Associate or Broker 189" Copy returned to Seller on the day of by: ❑ personal delivery❑mail De-mail 0 fax. ATTEST: DWIGHT E.BROOK,Cliork '11 APJproved as to form and legality By; Assistant County Attorney nt\ .do" Seller U(_)andBroker/Sales Associate ( )( )acknowledge receipt of a copy of this page,which is Page 4 of 4 Pages. ERS-6cp Rev.11/09 e 2009 Florida Association of REALTORS® All Rights Reserved Senate:018734400143-74042911 !Ot- + s tq, Packet Page-983- 1/12/2016 16.B.2. EXHIBIT"A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 14,Tt9ViNSIIP 50 SOUTH,RANGES EAST,COLDER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I THE WEST 425 FEET OF LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1.PAGE 27A,LESS THE EAST 200 FEET AND THE WEST 25 FEET THEREOF,P{II LIC RECORDS OF COLLIER COUNTY.FLORIDA. PARCEL2 THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109,NAPLES GROVE AM)TRUCK CO'S LITTLE FARMS No. 2.ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE2tA,PUBLIC RECORDS OF COLLER COUNTY.FLORIDA.TOGETHER WITH AN INGRESS AND EGRESS EASEMENT ACROSS THE NORTH 30 FEET OF THE EAST 2 0 0 FEET OF THE WEST 225 FEET OF LOT 109,N A P L E S G R O V E AND T R U C K OCT S LITTLE FARMS r 2 PARCEL ALL.OF LOT 108,LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No,2,AO ORDIdG TO THE PLAT THEREOF RECD IN PLAT BOOK 1,PAGE27APUBLIC RECORDS OF COLLIER C&LINTY,FLORIDA; TOGETHER WITH: ALL Of LOT 109,LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No,2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PACE 27A,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND PARCEL A.LAKESIDE MOBILE ESTATES,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9,PAGE 99,PUBLIC RECORDS OF COLLIER COUNTY,FLORID Packet Page-984- 1/12/2016 16.B.2. AGREEMENT13-6099 for — z Commercial &Industrial Real Estate &Property Management Services THIS AGREEMENT, made and entered into on this S.'441 day of Junes 2013,by and between Commercial Real Estate Consultants, LLC, authorized to do business in the State of Florida, whose business address is 12140 Carissa Commerce Court, Suite 102, Fort Myers, FL 33966, (the " (the "Consultant") and Collier County, a political subdivision of the State of Florida,(the "County"): s 1 WITNESSETH:: 1. COMMENCEMENT. The Agreement shall commence upon Board approval in accordance with RFP 13-6099 Commercial and Residential Real Estate and Property Management. The County Manager, or his designee,may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten(10) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on date of Board award and terminating two (2)years from that date.The County may, at its discretion and with the consent of the Consultant,renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County.shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Consultant shall provide Commercial/Industrial Real Estate and Property Management Services in accordance with the terms and conditions of RFP #13-6099 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Page I of 1 I Packet Page-985- 4. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement in accordance with Exhibit A, Fee Schedule, attached herein and incorporated by reference,together with the cost of any other charges/fees submitted in the proposal. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s), Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stets., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 6. NOTICES, All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Commercial Real Estate Consultants,Inc, 1100 5th Avenue,Suite 100,Naples,FL 34102 239/6591447 Telephone;239/659-4028 Fax Raymond Sandelli,Managing Partner Ray.sandelli®creconsultants.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: • Collier County Government Center Purchasing Department 3327 Tamiami Trail,Fast Naples,Florida 34112 Attention:Purchasing&General Services Director Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification, All notices under this Agreement must be in writing. Page 2 of 11 Packet Page -986- 1/12/2016 16.B.2. 7. NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218,80, P.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant, The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition,the Consultant shall comply with all rules,regulations and laws of Collier County,the State of Florida,or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facilities for any improper,immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant, Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance, In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination.The Consultant shall not be entitled to any other or further recovery against the County,including, but not limited to,any damages or any anticipated profit on portions of the services not performed. 11, NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color,creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: Page 3 all Packet Page-987- 1/12/2016 16.B.2. A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage • Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership, C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions, Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner,within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. • Consultant shall ensure that all subConsultants/Consultants comply with the same insurance requirements that he is required to meet. • 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the • Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant,any statutory or regulatory violations, Page 4 of 11 Packet Page -988- 1/12/2016 16.B.2. or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. • 13,1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Real Estate Services Department. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services, 16. COMPONENT PARTS OP THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #13-6099-Commercial and Residential Real Estate and Property Management Scope of Services and Addenda. 17. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee,as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or Page 5 of 11 Packet Page-989- 1/12/2016 16.B.2. quotes; and, c, immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE.By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breath of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void,invalid,or otherwise unenforceable, in whole or in part,the remaining portion of this Agreement shall remain in effect. 22, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 23, DISPUTE RESOLUTION..Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement,the parties shall attempt to resolve the dispute through Mediation before an agreed upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla.Stat, 24. VENUE, Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County,Florida, which courts have sole and exclusive jurisdiction on all such matters. Page 6 of 11 C� Packet Page -990- 1/12/2016 16.B.2. 25. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal, RIP and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 27. ASSIGNMENT:Consultant shall not assign this Agreement or any part thereof,without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does,with approval,assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County, * * * * * Page 7of11 Cq Packet Page -991- 1/12/2016/12/2016 16.B.2. j IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OP COUNTY COM %IONERS ATTEST: COLLIER COUN " ,FLORIDA Dwi; t E.Brock;.Cieuk of Courts J. _a.t`a A-14 ' -�' ',i r. IOC, By t� Dated: • • ) �T'�'.; Georgia A.Hil -r EsNChairwoman ..(SEAL)10 Chairman's. signa�tuis`dhly.. :; Commercial Real Estate Consult)ts,LLC•/ / -'" ,/ / 411-511r i Firs Witness , Si_ .tare f -----4 L'I I c.1 bt e"if- l 1'Type/print witness namel' 1'Type/print signature and titlet ; • Second Witness, anti ri r� 1'Type/pr nt witne s namel` Approved as to Form and Legality: Assistant County Attblsney i Print Name , 1 r ' 1 I Page 8of11 • • ! . Packet Page-992- 1/12/2016 16.B.2. EXHIBIT A Fee Schedule 13-6099 Commercial Real Estate Consultants Real Estate Fees 1. Commercial/Industrial-real estate fee percentage applied to all real estate transactions 6% 2. Leasing Fee^real estate leasing percentage 6% Property Management Fees 3. Property Management- Property Management hourly rate $60.00/hr 4. Management Pee: Consultant shall be paid three percent (3.0%) of Gross Revenue actually collected in respect of the Property or a minimum monthly fee of three thousand five hundred dollars ($3,500.00), whichever amount is greater, during the applicable month. The term "Gross Revenue" means base rent, percentage rental, percentage rent, and all revenues for operating expenses prescribed by the leases from the property tenants. Property management services and reimbursable expenses shall be payable monthly in arrears. Reimbursable and management fees shall be payable from the operating account as incurred. 5. Management Fees - Transition: If owner enters into a Purchase and Sales Agreement to purchase a property and requests Property Management Services for that property, upon the sale of the Property closing,Consultant shall be paid by Owner post-closing Management Fees to assist in the initial ninety (90) day transition period. The post-closing Management Fees will be equal to a full month's Management Fee for the first thirty (30) days and Five Hundred Dollars ($500.00)for each additional thirty (30)day period, Page 9oft1 Packet Page-993- 1/12/2016 16.B.2. 6. Project Management Fees: Administrative Fee equal to four percent (4%) of the total amount which is expended for any construction or repair project on or about the Property that Owner has directed Manager to provide construction management services. Owner shall pay Consultant as compensation for any construction or project management services requested by Owner as set forth in any related statement of work agreed upon by the parties from time to time,provided Manager shall be entitled to a minimum Project Management Fee of one thousand dollars ($1,000.00) on any Project requested.If Consultant is not paid for such services, neither Consultant nor its employees shall have an obligation to supervise, bid p capital or tenant improvement work, collect lien releases, or obtain certificates of P insurance from general contractors and/or subcontractors for construction and related matters. . 7. Reimbursable Expenses: Expenditures incurred by Consultant in performing its duties shall be subject to reimbursement,and no others,but only to the extent the same have been included in the Operating Budget or otherwise expressly approved by Owner. 8. Reimbursement by Owner/Propery: Maintenance personnel shall be billed at a flat hourly rate of forty dollars ($40.00) per hour (regular time), sixty dollars ($60.00) per hour (overtime). Maintenance cost may be adjusted with the annual renewal. Real Estate Property Manager shall be billed at a flat monthly rate of $0.015 per square foot. Supplies specific for the property and mileage for maintenance personnel and assigned property manager (billable at the current IRS mileage rate) shall be reimbursable by the Owner. These reimbursements shall be payable from the operating account as incurred. 9, Maintenance Personnel: Manager shall employ maintenance personnel who will perform maintenance services at Owner's Property at the outlined hourly rate above. Collier County Reserves the right to contract with other maintenance providers or provide maintenance services utilizing County staff. • Page 10 of i I Packet Page-994- 1/12/2016 16.B.2. 10.Real Estate Property Manager: Manager shall employ a property manager who will perform management services at Owner's Property at the outlined monthly rate above, 11. Software Costs: Fees for standard accounting are included in the management fees outlined. However, if owner requests manager to perform non-standard accounting services, additional charges will apply. The cost shall be mutually agreed upon in writing prior to the delivery of these additional services. 12. Office Expenditure Reimbursements:All Office expenses (assigned manager's hand- held devices,postage,etc.)shall be paid by the property. 13. Bank Fees and Accounting Extras: Outside banking costs such as lockbox fees and other bank-generated costs will be billed back to ownership based on actual cost,and no administration fee will be charged by manager. Completion of 1099's for ownership will be billed as an extra cost if ownership instructs Manager to complete. Audit fees, due to tenant audits,will be billed as an extra cost, 14.Transition Fees: Owner shall pay Consultant additional compensation for accounting and management set-up costs in the amount of one thousand ($1,000.00)which will be expensed as a common area maintenance expenses,pursuant to the terms and conditions of existing leases.This fee shall be due and payable on the fifteenth(15th) day of the first month of the contract. Page 11 of 11 Packet Page-995- 1/12/2016 16.B.2. • Collier County BCC 4/8/2015 11:20:23 AM PAGE 3/004 Fax Server S&%9tY Administrative Services Department Procurement Services Division April 7,2015 ti Mr. Raymond Sandell!, Managing Partner Commercial Real Estate Consultants, Inc. 1100 5r1 Ave.,Ste 100 Naples, FL 34102 FAX:659-4028 Email: ray.sandelli©creconsultants.com RE: Contract Renewal for#13-6099 'Commercial& Industrial Real Estate&Property Management Services° Dear Mr. Sandell!: Collier County would like to renew the above agreement under the same terms and conditions for one (1)additional year in accordance with the renewal clause In the agreement.This renewal is contingent upon Project Manager approval. If you are agreeable please Indicate your intentions by providing the information as requested below: / v/ I am agreeable to renewing the above referenced contract under the same terms,conditions,and pricing as the existing contract. The following attached documentation must be provided with response. • Provide updated and current Insurance certificate • Provide a copy of the company's Department of Homeland Security executed E-Verlfy profile page or memorandum of understanding, I am not agreeable to renewal of this contract. By signature this contract will be in effect from June 25,2015 until June 24, 2016. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: htta://bid.colliergov.net/bid/,select My Profile and My Commodities,and review information and commodities to ensure they accurately reflect your business. i r Named Services Division.3327 Tamiami Trod East•P•aplas,Florida 34112-4901.235.2521407.uwN.coltergov.not/proarrementserutees RECEIVE: NO. 6148 04/08/2015/WED 11:01AM CREC Naples Packet Page-996- 1/12/2016 16.B.2. Collier County BCC 4/8/2015 11120:23 AM PAGE 2/004 Fax Server • Good morning, Please see the attached contract renewal for contract Contract Renewal for#13-6099 "Commercial&Industrial Real Estate&Property Management Services"expiring on 06/24/15.Please review and return it signed at your earliest convenience.Also,when you submit an updated insurance • certificate,please note the following changes from your insurance carrier: • On all certificates,the Certificate holder should read as follows: Collier County Board of Commissioners • 3327 Tamiami Trail East Naples,FL 34112 • The Description box should include the following verbiage:"For any and all work performed on behalf of Collier County."(Vendors who have multiple contracts no longer require a separate insurance certificate for • each contract.) You can return the signed contract renewal with the requested documentation,if any, by either email,fax,or mail. • Respectfully, Contracts Technician Procurement Services Phone: (230252-6020 Fax: (239)252-6592 4J.td9!hiaxa I.ur•:,c-treT Aida:uses stn public n>ca&s.l1 you sir ik•1 viwit ror e•siaa Rdures;relct-xci r;l tv-soortoo too public r Yrd$tfgwst.do rot tx+td e'crlwni=:rrs;l!v it k;4.3014 ir.sie 1d,r,,X tan:r this urli:x.t2 tcvptmae ca in•.vribrve. • RECEIVE: NO. 6148 04/08/2015/WED 11:D1AM CREC Naples Packet Page -997- 1/12/2016 16.B.2. Collier County BCC 4/8/2015 11 :20:23 AM PACE 4/004 Fax Server '--'' Page 2ny2 RE! Contract Renewal for#13-6099 Commerciai& industrial Real Estate&Property Management Services" Please return this letter to the Purthasing Department with your rwopnnuo, insurance cmrtiOcmha. E-Verify or MOU at your earliest convenience. If you have any questions you may contact UuooUDe La Rosa at 239-252'6020` email lissetdelarostacelliergov.net or FAX 239'252'8592 or 239-732-0044. Respectfully, Director-Procurement SerVICes Name of CoMpany 4/1 Company Signature _ (Corporate Officer) Print Corporate Officer Name - - - - -~ ~ ,`'`l - - -Y . Signature Date ____ / 6oniact Name imaiStric ` ____ ---'--_------__-_---'---__ . Telephone Number ` la c..,S-/-' FAX Number ! Email Address il(-04sanis%.(0)Cfer.ori-sags....C ofta. Address V2-k CMYS'A effnifYY2. Ce Cat C: Joanne MarNewic± Prolect Manager, Procurement Services RECEIVE: mo.*148 ______04/08/2015/won 11:01um CREC muplos °��, Packet Page-998- 1/12/2016 16.B.2. • • ACO• CERTIFICATE OF LIABILITY INSURANCE 21/201 IAIDCiY1YY) • • '~--' 05/2112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,-subject to the terms and conditions of the,policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER awl. June Hunter-Clarke Premier Insurance:Corporation,Inc. 194°N6 �5239�642.7101 x 202 Jim.Nol.(239)542.0693 1326 Cape Coral Pkwy E Ste 1 Lan!! Ihc@premierinsurancecorp.com • Cape Coral FL 33904 INSUftER($1 APPOR[)INO COVERAGE NAIL M INSURER A:American States insurance Company . . 19704 • INSURED INSUIi R,e: Commercial Real Estate Consultants LLC,Dba:CRE Consultants DBURSRC; 12140 Carissa Commerce Court, INSURER D t Fort Myers FL 33966 INSURER E: INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO`NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAIMS. • LMS TYPEOPINSURANCE ADDLSUBR '' ' - POL EFF POLICY 4 LIMITS M1tR WW1 POLICY NUMBER fMMIDD (6AMlD➢lYY X COMMERCIAL GENERAL UABILITY EACH O RR CE $1,000,000 A CLAIMS-MADE t_^_1 OCCUR PRgA DAMAGE RE WED a $200,000 IIIPFS 01-Ci•803179.10 04/2312015 0412312016 MEDEXP(Any one whirl $10,000 _ PE,8QNAL&ADVINJURY ,1,000,000 GEIrL AGGREGATE LIMIT APPLIES PSR GENERAL AGGREGATE $2,000,000 X POLICY❑2: ❑LOC PRODUCTS.COMPPOPAr,0 $2,000.OD0 OTHER: $ AUTOMOBILELIABIUTY COMBINED SINGLE LIMIT $ Me ANY AUTO BODILY INJURY(Perpsraon) S ALLY ED S/C SDULED BODILY INJURY(Per aofideni) S — NON-WUNED PROPERTY DAMAGE $ , HIRED AUTOS AUTOS fPerarddent) I S X UMBRELLA LIAB �X OCCUR EACH OCCURRENCE $3,000,000 f A EXCESS LIAO CLAIMS-MADE 01.SU.433371.10 04/2312015 04/23/2016 AGGREGATE $3,000,000 DED 1 X RETENTION 00,000 $ WORKERS COMPENSATION PER RH AND EMPLOYERS'LIABILITY '^+TURF I FA ANY PROPRIETORIPARTNERIDXECUTIVE f N E.I,EACH AMID/ENT a tM edeEOtyENNHJtIXCLUDED? E.L,DISEASE-EAEMPLOYEE$ MYYee daecrbeuuttgqer DES tUjIPTION OF OPERATIONS below EL DISEASE-POLICY UNIT S DESCRIPTION OP OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Addlilonai Remark,Schedule,may be attached It more specs Is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is named as additional insured on the General Liability • as required by written contract per form CG8674(12107). • CERTIFICATE HOLDER CANCELLATION • COLLIER COUNTY BOARD OF COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 TAMIAMI TRAIL E ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES,FL 34112 AUTHORIZED REPRESENTATIV I /,t <JH> Phone:(239)252.8839 • an G41d I Fax:(239)252.8048 . @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2094101) The ACORD name and logo are registered marks of ACORD Packet Page-999- 1/12/2016 16.B.2. . , . . .., - -- --- ' - REQUEST FOR PROPOSAL Adminisdrativ. e&Om Urdialon NrchasIng COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Joanne Markiewicz, Interim Purchasing Director 239-252-8975(Telephone) 239-252-6480(Fax) Joannemarkiewicz©colliergov.net(Email) , This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document . made by the Vendor may be grounds for resection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government 0 , 't■O.' I Palleag DVairrel'332T 71■10.07a Trail Ens,•lb*.Fionde U1124901.541400X6Storching ■ Packet Page -1000- 1/12/2016 16.B.2. Table of Contents LEGAL NOTICE 3 EXHIBIT!:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK UST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 ATTACHMENT 7:VENDOR SUBSTITUTE W-9 39 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 40 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 2 Packet Page-1001- 1/12/2016 16.B.2. i Admirittliseve Settees Divilion Purc lasing Legal Notice Sealed Proposals to provide real estate and property management services will be received until 12 Noon Naples local time, on May 16,2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 13-6099 Commercial and Residential Real Estate and Property Management Services to be provided may include, but not be limited to the following: the review of the Airport management, organizational, fiscal(including the debt service), operational and service structures and provide recommendations as described in the Scope of Work. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website:www.colliergov.netibid. Collier County does not discriminate based on age, race,color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: IS/ Joanne.Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on 4/24113. E Pun:hung Dtcatreft•3301 Taman Trail East'Naples,Florida 34112'vim.sdliergor.rroVpwehsstrig 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemptate_010112013 3 Packet Page-1002- 1/12/2016 16.B.2. Exhibit I: Scope of Work, Specifications and Response Format ■ As requested by the Collier County Board of Commissioners, the Purchasing Department has issued this Request for Proposal(hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The County is interested in receiving proposals from residential and commercial(including industrial) real estate and property management firms to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. Background Collier County(County) covers a large area of Southwest Florida and is accessible from the East (Miami)and the North (Tampa) via Interstate 75, A non-charter county, Collier encompasses three(3) municipalities: Naples, Marco Island, and Everglades City. A seaside paradise tucked into Southwest Florida's gulf coast,with a total area of 2,305 square miles, makes Collier County the largest county in Florida.With such a large economic market and featuring one of the best business climates in the nation, it provides opportunities for unparalleled growth to new and expanding businesses, and premier real estate. With its geographic location, diverse demographics, affluent tourism, international trade, efficient education and transportation systems and strong industrial workforce,Collier County is a premier business destination in Florida, Detailed Scope of Work The County has"shelf' contracts with professionals in a variety of fields such as engineering and appraisal services, where staff has the ability to call upon these professionals to assist with projects when the county's in-house professionals need assistance. This arrangement allows the county to deal with variable demands on its staff without the need to hire additional FTEs.The professionals are called upon only when needed. Further, hiring real estate professionals allows the county to have the benefit of broader market exposure which will result in more competitive pricing in all real estate transactions. At their April 26, 2013, meeting (Agenda Item 10 G)the Board authorized the issuance of a Request for Proposals for real estate and property management discipline/service areas to provide: 1. Marketing &disposition of County-owned assets in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 4 Packet Page-1003- 1/12/2016 16.B.2. 2. Identify, negotiate and acquire lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes and local governing Ordinances, including, but not limited to 3. Identify, negotiate and lease lands and/or buildings for specific County purposes in accordance with applicable Florida Statutes, including, but not limited to Chapter 125, Florida Statute. 4. Oversight&management of County-owned assets ensuring compliance with all State, Federal and local laws and ordinances. Nothing shall preclude the county from contracting with other real estate brokerage/management firms should the need arise, i.e., need for specialized knowledge as to a specific project. If travel expenses are incurred as a result of the completion of the Scope of Service, the County will pay those travel and meal per diem expenses according to Section 112.061 Florida Statutes. Reimbursable items other than travel expenses shall be limited to the following: telephone long- distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Term of Contract • The contract term, if an award(s) is/are made shall be for two (2)years with two (2)possible one (1) year renewal periods. Fees/prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon the consumer price index(CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 5 Packet Page-1004- 1/12/2016 16.B.2. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. .. Event _ , . _ . Date,: ,. Issue Solicitation Notice April 24,2013 Last Date for Receipt of Written Questions 5/2/13, '12 Noon, Naples Local Time Addendum Issued Resulting from Written Questions(if 516/13 needed) _ Solicitation Deadline Date and Time 5/16/13, 12 Noon, Naples Local Time Anticipated Board of County Commissioner's Contract June 2013 Approval Date Anticipated Completion of Contract Negotiations June-July 2013 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions,terms and conditions of same, and all ordinances and policies of Collier County.The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions,terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP,the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I,Management Summary and Project Understanding In a maximum of two(21 pages provide: • A cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of providing the services stated herein; 138099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_01 0 112 01 3 6 Packet Page -1005- 1/12/2016 16.B.2. • A brief overview of the company's goals and objectives of the project and how the firm will accomplish the scope of work; • Include the name(s),telephone number(s) and email(s)of the authorized contact person(s) concerning proposal;and • List all proposed qualified professionals who may participate on the team. • Select the disciplines/fields/specialties that the firm is proposing on: 1. Commercial Real Estate (Insert yes if interested in supplying these services) 2. Residential Real Estate (Insert yes if interested in supplying these services) 3. Property Management Services • (Insert yes if interested in supplying these services) 2. Tab 2, Firm's Experience (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only A. a .O, -6. �„/ �, ;r 1. Indicate the number of years the proposer has been in commercial real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer— brokers"or"buyers-agents" in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1 -3 to determine the proposer's Experience TOTAL 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemptate_010112013 7 Packet Page -1006- 1/12/2016 16.B.2. Residential Real Estate Submittals Only Index, ;3*xResiden`tia 01 Estate gi erfenbe"' ti 3 x : R F3�s �orise' 1. Indicate the number of years the proposer has been in residential real estate business. (number of years) 2. Provide the total number of licensed agents in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. 3. Provide the total number of specialized "buyer— brokers"or"buyers-agents"in the firm. (number of specialized agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide a listing contract with the minimum number of days for the property listing. • Provide sample purchase and sale contracts. TOTAL Add items 1 3 to determine the proposer's Experience. TOTAL Property Management Submittals Only !IOW kriNe ffigartg mg P xpe16 nom1n Res once .. 1. indicate the number of years the proposer has been in property management business. (number of years) 2. Provide the total number of clients served by the firm in the past five(5)years from January 1, (number of clients 2008 through December 31, 2012. served) 3. Provide the total number of certified/licensed staff members in the firm. (number of licensed agents) • Provide brief resumes/overview of staff members who may be assigned to this contract. • Provide sample management contract. TOTAL Add items 1 3 to determine the proposer's • Experience. TOTAL The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. By discipline/service area and prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101!2013 8 Packet Page -1007- 1/12/2016 16.B.2. The County shall total the proposer's Minimum Qualifications and create a ranking from highest number to lowest number. Proposers who do not turn In responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the highest score. • The next highest proposer's number of points will be divided by the highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Pro Nam pQs er e Proposer total Mln}mugm �ronts; walyded � .�QuallfiFatlon.��ore, , � �- Vendor ABC 445 20 Vendor DEF 435 20 Vendor GHI 425 19 Vendor JKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 The points awarded by proposer will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the proposer's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per proposer. The Selection Committee Members may, at their sole discretion, modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Firm's Fiscal Stability and Florida Real Estate Commission Compliance(20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0)points for this criterion. Index i=ISOOSta:001646t o" t t tinVA WM, 1. Provide the primary proposer's Dun and Bradstreet Composite Credit Appraisal rating. (number) • Provide a copy of the Dun and Bradstreet report for primary proposer and all companies affiliated with the resultant proposal. 2. Indicate the number of times the proposer or their principals have filed for bankruptcy during the past five year (January 1, 2008- December 31, 2012). (number) 3. Provide the average number of days the firm pays its accounts payable transactions. (average number of days) 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate 010112013 9 Packet Page-1008- 1/12/2016 16.B.2. 4. Provide the number of external audit"management comments/letters" received during the past five year (January 1, 2008-December 31, 2012). (number) • Provide a copy of all management comments/ letters during that period. 5. Indicate the number of complaints, notices of non- compliance, or citations from the Florida Real Estate Commission. TOTAL Add items°1 5 to determine the proposer's.Fiscal staenity. . (TOTAL) The consultant/vendor/proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. Prior to the Selection Committee reviewing proposals,the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Fiscal Stability and create a ranking from lowest total to highest total. Proposers who do not turn in responses In this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest score. • The highest proposer's number of points will be divided by the next highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 4. Tab 4, Fees/Costs (20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only inde t Cost/Fe,JnformatIji . , . ` " Response 1. Provide the commercial real estate fee percentage . applied to all real estate transactions. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Residential Real Estate Submittals Only. Cast/Fee,lnform�tton r ' i' �.�'`:Response =. 1. Provide the residential real estate fee percentage applied to all real estate transactions, 13-8099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 10 Packet Page-1009- 1/12/2016 16.B.2. (Percent • Provide resumes of the individuals who will be expressed as assigned to complete this scope of service. .xx) Property Management Submittals Only r^�sw�_ �9 rt Nth-, �y ryzY�„ - �,.�e - -_��, rx`"f'} ,..�� x„�.4i avn. rw A ��i gi ,a.+;»2r� ».`talaa I,I. X ltd :. . Y � ..64 .;r.« 1. Provide the property management hourly rate. • Provide resumes of the individuals who will be (Hourly rate) assigned to complete this scope of service. By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Costs and create a ranking from lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar, • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). • See example below of scoring method. Rro:paser Name„'' ,Proposer Total: ost m.Points,'Awarded Vendor ABC $2,500 20 Vendor DEF 12,000 4 Vendor GHI 15,500 3 Vendor JKL 15,500 3 Vendor MNO 20,000 3 Vendor PQR 102,000 0 5. Tab 5, Service Information(20 Points) Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Commercial Real Estate Submittals Only , i.. .. hti ally n"lttr_m dill' n NiR o,se , 1. Provide the total number of commercial properties listed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties 13-5099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate.0101/2013 11 Packet Page-1010- 1/12/2016 16.B.2. listed) 2. Provide the total number of commercial properties sold/rented/closed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties sold I rented) a ?'; f-'w.M'r.x. W 'fANN l fev`JN k st ' xx.ie ' r '4.+ � T � neso (1) o( R atehe ;t F> i�' ��L;h fSC Y ei-.`ift kA.ac ,r,�', ! 1 .e',°e....ax,,'ar#:m•'+.ev,.> _. ., ... ....._s ,.x,.,A..._.,,37 ,. .c. r.n 5... t,. ,T �K �rv+.. �i.�i • Residential Real Estate Submittals Only 1. Provide the total number of residential properties listed in Collier County from January 1, 2008 through December 31,2012. (Total number of properties listed) 2. Provide the total number of residential properties sold/rented/closed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties sold/rented) TOTAL(Add lines one(1}plus tv�o(2)+anil enter tle total , , ,' ` (�r-(��yT .. . .:ti�i',�s'i�firk.,�s'* n•�".';��w�3 a+xY '�:^.�...dF�-&.x`�k`.?�x.;4:n s4�1,_^�'_.'s.'!�i',?�'..��a"�.',F"S*al��'i.?f"xi Ah�� .�`++�t�til),: Property Management Submittals Only • 1. Provide the total number of contracts in place for property managed in Collier County from January 1, 2008 through December 31, 2012. (Total number of properties listed) 2. Provide the total number of recurring contracts that the firm has retained. (i.e.the initial contract expired and the firm was rehired for another contract period) (Total number of recurring contracts) TOTAL(Add lines one(1) plus tvvq(2) and en �t a to I ` ' .100. .`Kx F;.)Total) 't< e;':.�a,A Sf ( /t.. By discipline/service area and prior to the Selection Committee reviewing proposals the following methodology will be applied to each vendor's Information provided in this area: 13-8099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemptate_0101f2013 12 Packet Page -1011- 1/12/2016 16.B.2. • The County shall total the proposer's Preliminary Cost Assessment and create a ranking from lowest dollar to highest dollar. Proposers who do not turn In responses In this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest number of days. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to a"whole" number(per Microsoft Excel). 6. Tab 6, References(10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five(5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal, as described below. The County will only use the methodology calculations for the first five(5)references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five(5) reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an NIA(or similar notation will be given the score of zero(0)). Proposers who do not turn In responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to a"whole"number(per Microsoft Excel). The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101/2013 13 Packet Page-1012- 1/12/2016 16.8.2. C � Reference Questionnaire unty Admirxstmb eServices Division purchasing Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Reference Questionnaire for: (Name of Company Requesting Reference Information) Name of Individuals Requesting Reference Information Evaluator completing reference questionnaire: Evaluator's Company completing reference: Email FAX Telephone: Collier County is requesting reference information on firms or their key personnel to be used in the selection of a firm to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed (and would hire the firmfindividual again)and 1 representing that you were very unsatisfied(and would never hire the firmtndivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Name of Project Completed by Firm: Project Description Project Start Date(from Notice to Project End Date(2 weeks past Total Number of Days Proceed), implementation) (over Schedule) Item Criteria , � e Sco - r 1 Ability to manage the project costs(minimize change orders to scope), 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process(final product turnover, invoices;manuals or going forward documentation,etc,) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow agency's policies,procedures,rules,regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 14 Packet Page-1013- 1/12/2016 16.B.2. ' 4 7. Tab 7, Local Vendor Preference(10 Points) and Other Information to Submit Complete the following information as requested and return all completed materials below. • Attachment 5: Local Vendor Preference: Firms who do not provide the completed Attachment 5: Local Vendor Preference at the time of submittal shall receive zero(0) points for this criterion. • Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. • Attachment 2:Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATempiate_010112013 15 Packet Page-1014- 1/12/2016 16.B.2. • Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collierdov.netfbid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2, Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as,this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity,conflict, discrepancy, omission or other error in the RFP,to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal.The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before May 16, 2013: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director 13.6099 Commercial and Residential Real Estate and Property Management R FP_Non_CC NATem plate_0101/2013 16 Packet Page-1015- 1/12/2016 16.B.2. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one(1) paper copy clearly labeled"Master,"and six(6)electronic media (CD's/DVD's/lump drives) with one cony of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180)days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Professional will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Professional shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee,the Procurement Professional will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three(3)working days prior to 13-6099 Commercial and Residential Real Estate and Property Management RFP Non CCNATemplate 0101/2013 17 Packet Page -1016- 1/12/2016 16.B.2. the meeting.The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1)day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein,for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts.The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commercial real estate, residential real estate and property management firms to be awarded a contract. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights • upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Firm's Experience 20 Tab III, Firm's Fiscal Stability 20 Tab IV, Fees/Costs 20 Tab V, Service Information 20 Tab VI, References 10 Local Vendor Preference 10 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking,the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial • system)within the last five(5) years will receive the higher individual ranking. If there.is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking,the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal,to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate_0101!2013 18 Packet Page -1017- 1/12/2016 16.B.2. Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract,the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CC NATemplate__0101/2013 19 Packet Page-1018- 1/12/2016 16.B.2. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply. with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated In this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the.full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the • Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services,or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 13-6099 Commercial and Residential Real Estate and Property Management RPP Non_CCNATemplate 0101/2013 20 Packet Page-1019- 1/12/2016 16.B.2. 5. Time is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase • COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of,or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to • delivered free from any security interest or attorneys' fees, which arise from any claim, other lien,encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 21 Packet Page -1020- 1/12/2016 16.6.2. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or rnajeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shalt be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use lax on real property,transient In fulfilling the terms of thisPurchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations • , American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order,provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non,_CCNATemplale 0101/2013 22 Packet Page-1021- 1/12/2016 16.B.2. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase • c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be • 13-8099 Commercial and Residential Real Estate and Property Management RFP Non CCNATemplate_010112013 23 Packet Page-1022- 1/12/2016 16.B.2. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors . and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder"should read as follows: Collier County • Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment,with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations, All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner,within twenty-four(24)hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 13-6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_010112013 24 Packet Page -1023- 1/12/2016 16.B.2. notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand,the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. if the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and I or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners(BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one(21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101!2013 25 Packet Page-1024- _ __ ..._.. . . .._._.. — 1/12/2016 . 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. invoices shall be sent to: Board of County Commissioners Clerk's Finance Department • ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.corm Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check,wire transfer or other cash equivalent. • Standard—payment by purchasing card, Collier County's Purchasing Card Program is supported by standard bank credit suppliers(i.e.VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_01 0 1120 1 3 26 Packet Page -1025- 1/12/201616.8.2. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act" Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site.All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive.A Vendor,with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain"active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at(239)252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239)252- 2477. 10.Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person 13-6099 Commercial and Residential Real Estate and Property Management RFP_N on_CCNATemplate_010112013 27 Packet Page-1026- 1/12/2016 16.B.2. other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County it is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor,their employees or agents, resulting in either bodily or personal injury or property damage to any individual,firm, or corporation. 12.Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause;further the County may terminate this Agreement for convenience with a thirty(30)day written notice.The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process,from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.ore/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15.Single Proposal Each Vendor must submit, with their proposal,the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary,that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 13.6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplate_0101/2013 28 Packet Page-1027- 1/12/2016 16.B.2. 16.Survivability Bids (ITBsIRFPs):The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 13-6099 Commercial and Residential Real Estate and Property Management resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice,the protesting party will have five(5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19. Security and Background Checks If required, Vendor 1 Contractor I Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP • document. Disclosure of any potential or actual conflict of interest is subject to County staff review 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 29 Packet Page-1028- 1/12/2016 16.B.2. and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formai Invitations to Bid (ITB)and Request for Proposals(RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. if the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above, For additional information regarding the Employment Eligibility Verification System (E-Verify)program visit the following website: htto:/1www.dhs.eov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s)receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award 13-8099 Commercial and Residential Real Estate and Property Management RFP_Non_CCNATemplate 0101/2013 30 Packet Page-1029- 1/12/2016 16.B.2. agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy • Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals,the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities,the support and Increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business"under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. • Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 13-5099 Commercial and Residential Real Estate and Property Management RFP Nan CCNATemplate 0101f2013 31 Packet Page-1030- 1/12/2016 16.B.2. Co ter County Administrative Services Division • Purchasing • Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive.Therefore,we are interested in ascertaining reasons for prospective • Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please • indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on • the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 13-6099 Commercial and Residential Real Estate and Property Management for the following reason(s): ❑ Services requested not available through our company. • ❑ Our firm could not meet specifications/scope of work, ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: • ❑ Other reason(s): Name of Firm: • • Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 13.6099 Commercial and Residential Real Estate and Property Management RFP Non_CCNATemplale_010112013 32 Packet Page-1031- 1/12/2016 16.B.2. ier Coup Purdlasing A�hxliirt> �rlsdoi ' Attachment 2:Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully,sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Interim Purchasing Director ❑ The mailing envelope must be sealed and marked with Solicitation 13-8099 Commercial and Residential Real Estate and Property Management and May 16., 2013, 12 Noon, Naples Local Time. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 136089 Comrnerdal and Residential Real Estate and Property Management RFP_Non_CCNATemplate_O10112013 33 Packet Page-1032- 1/12/2016 16.B.2. CAA,-COVOItY Administrative SeMoes Division Purchasing Attachment 3: Conflict of Interest Affidavit • By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses,that, to the best of their knowledge and belief, all relevant facts concerning past, present,or currently planned interest or activity(financial, contractual,organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by ,who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires• 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_010112013 34 Packet Page-1033- 1/12/2016 16.B.2. Ai pur Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County,for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management. (Proposal Continued on Next Page) 136088 Commercial and Residential Real Estate and Property Management. RFP Non CCNATemplate_o1o1/2013 35 Packet Page-1034- 1/12/2016 16.B.2. PROPOSAL CONTINUED IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of ,20 in the County of ,in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required If different from above) Company name used as payee Contact name: Title: Address; City,State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email 13-8099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_0101/2013 36 Packet Page-1035- 1/12/2016 16.B.2. Co Comity jai Attachment 6: Affidavit for Claiming Status as a Local Business Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑Collier County El Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Xl of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1) year prior to a Collier County bid'or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business"unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information` Year Business Established in OCollier County or 0 Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in 0 Collier County or❑ Lee(Including Owner(s)or Corporate Officers): If requested by the County,vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA 0 COLLIER COUNTY 0 LEE COUNTY Sworn to and Subscribed Before Me,a Notary Public,for the above State and County, on this Day of 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 13-6099 Commercial and Residential Real Estate and Property Management RFP Non CCNATemplate_0101/2013 37 Packet Page-1036- 1/12/2016 16.B.2. Collier County AthinistiativeSerVicesPviskin Attachment 6:immigration Affidavit Certification Solicitation: 13-6099 Commercial and Residential Real Estate and Property Management This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor!Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 ,by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non_CC NATemplate_0101/2013 38 Packet Page-1037- 1/12/2016 16.B.2. Achainsfe sobsMete Purthostiva Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason.for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name (as shown on income tax return) Business Name of different from taxpayer name) Address City State Zip Telephone FAX Email Order information Remit I Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) _rindiVidual(Sole Proprietor _Corporation ' Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (0=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for fax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract) 4. Sign and Date Form Certification:Under penalties of perjury,1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 13-6099 Commercial and Residential Real Estate and Property Management RFP_Nan_CCNATemplate_010112013 39 Packet Page-1038- 1/12/2016 16.B.2. Co r County Administrative Seruioes Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance I.Bond Type Required Ltnj�its 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $500,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,damages, losses and costs,including, but not limited to,reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $500.000 Each Occurrence;Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. • $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $ 1.000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Packet Page -1039- - _ - 1/12/2016 16.B.2. ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located In the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000,bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street,New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 13-6099 Commercial and Residential Real Estate and Property Management RFP_Non CCNATemplate_010112013 41 Packet Page-1040- 1/12/2016 16.B.2. ',or er County Email: joannemarkiewicz @colliergov.net Administrative Services Division Telephone: (239)252-8975 Purchasing tvi FAX: (239)252-8340 Addendum 1 Date: 5/3/13 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Suppliers Subject: 13-6099 Commercial and Residential Real Estate and Property Management The following clarification is made to the above mentioned Collier County solicitation: 1. Page 3: Bold and underlined language added;strikethrough language modified: Services to be provided may include: residential and commercial(including industrial) real estate and property management firms to assist the county with the purchases sale, lease and management of the county's significant real estate holdings. • 2. Page 18, Item 7: Bold and underlined language added; strikethrough language modified: The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations.The committee may at their discretion,schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final staff recommendation will be decided based on review of scores and consensus of the committee. The Selection Committee's final ranking will be presented to the Board of County Commissioners. The County Commissioners shall determine the final awardees of the three services: commerciallindustrial real estate, residential real estate and property management firms to be awarded a contract. 3. Please describe the County's real estate portfolio? Answer: Please refer to the question, and response at the Online Bidding System. Packet Page-1041- 1/12/2016 16.B.2. Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 2 4. Please provide more detail on the expected scope of work for the Airport? Please provide more information the airport itself and any"gaps? Answer:The Board of County Commissioners has recently issued a solicitation for consulting services for an Airport Management Consultant; the recommendation for an award will be taken before the Commissioner in late May 2013. More specific information on the airport may be found at htto://www.colliergov.net/index.aspx?page=20. 5. Please further describe the residential real estate uses and needs? Answer:The County attempts to acquire easements via donations. In the event the County is unsuccessful, the County acquires fee and easement interests for above ground and below ground infrastructure for parks, public utilities, roads, libraries, Conservation Collier, EMS, Solid Waste, Beach renourishment,Tax Collector, Property Appraiser,etc. 6. Please describe the real estate transactions(acquisition &disposition)which took place during 2012 and 2013 to date. Answer: In fiscal year 2012, the County's Real Estate and Property Management office acquired 52 property interests(fee and easement)valued in excess of$548,398(paid $307,853 in compensation) as follows: • Three(3)for Parks&Recreation including Bollt canals/reservoir, Ann Olesky Park and Bluebill sewer from CC to CCWSD; • Thirty six(36)for Public Utilities including reclaimed water, master pump stations, sewer lines,groundwater monitoring,future well field ; • Thirteen (13) properties classified as Other: Temporary Construction Easements and Rights-of-Entry for Hammerheads and Designated Driveways, easements and Bills of Sale between Collier County&Collier County Water& Sewer District, fee land purchase for Immokalee CRA. in fiscal year 2012, the County's Real Estate and Property Management processed fifty-nine (59) sales & easements that consisted of the following: sold NSP properties, processed FPL & LCEC easements, easements between Collier County& Collier County Water& Sewer District. Fiscal year 2013 to data, there have been nineteen (19)transactions. Packet Page -1042- ___ 1/12/2016 16.B.2. Addendum 1 13-6099 Commercial and Residential Real Estate and Property Management Page 3 7. Does the County's overall strategy include using real estate as a revenue-raising (i.e., sale- leasebacks). Answer: In the past, the County has sold surplus properties that were no longer needed for County projects. The sales process is governed by Florida Statutes. 8. Is a partnership comprising the real estate vendor acceptable(i.e.,.two firms joining together for his account work)? Answer: In this solicitation,there is nothing that precludes two firms from"jointly" establishing a relationship as long as that relationship is well documented and acknowledged by both companies in the proposal. 9. Does the County consider overall asset performance in the evaluation of vendors?IE— Energy performance I quality of preventive maintenance I quality of facility safety programs? Answer: Evaluation criteria (and points)for this solicitation is identified on pages 7-15. There is nothing that precludes a proposer from identifying this information to assist the Selection Committee members with the overall evaluation of the proposer. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation.• (Signature) Date!; (Name of Firm) Packet Page-1043- 1/12/2016 16.B.2. 0 I { I 1 E f { 1 1 I 41;tie.g:F`■6114,4','3317 'fr"441itkait 3 1 W S. ° � .EE _ tom ' sy' I O = C Ary t fir€ t* _ w C ; : Q1 T 1 V ,y Q) s i e� €t' o a.7�f 0 E' 0.11- .r O:..„,„,„ _ 4 CD c9 C r.. `' �� t C`R#, yet. ;3t I L. E' N. >' S§ut €ey ' y- ti C- x 1 . a;., � t Y tir krl { - . ¢ 05 d a,a v w t 5 ., a) r , } ,.e t L.I b Act t Ji r �. �R G. . liA� V.4'11-,':',:.'R LL tt 9 t : r� ,,s l_ p,YKf4...t �.., `E'E a ki x 9 IRx i : . {: .—it limovi al R Ei+ I €9 � )Kw �j .t6 <, a 4z i (n 449 Of 'GI ... CJ :. � � iCC p *to t s C I co o t =r 3 i s . .Y .. O i xd' Q cn G.k$ it s k�aaa= '' 'if ,c2 T"+ rte lD ��' _ M ' `,,G�t.. E y N3 3 y Cl M E .. IX co t- o `, a f t- o : € lit .f v �- o �a : :o v� aiki � E— f` ° U � !— times 1 i Packet Page-1044- 1/12/2016 16.B.2. 0 0 AI ) , 1 , 1 1 t / 1 Cultural Arts Village at Bayshore 17.89 acres kr " ,...r ' .,.k,,;. ,r, - 0 . . h ', A `4. , ,..::::.:,...0'.,.. r ^t.1, . • \ .,, .,.. . ftry :.,, a.+,.;. fw ''',"44'''''''''-'''''''''7 ?' ' - ` • $" .. • .. eve>.$a;°, ;uRk, '.'t' ,%...1,:s..V,:4,r '' ;'ms' k'`r,,,a.rr..;f• i Packet Page -1045- 1/12/2016 16.B.2. APPRAISAL VALUATION FOR: VACANT LAND MIXED USE PUD ZONING CONTAINING 17.89 ACRES 4265 &4315 BAYSHORE DRIVE NAPLES, FLORIDA 34112 PREPARED FOR: ELLY Mc KUEN, PROJECT MANAGER BAYSHORE GATEWAY TRIANGLE CRA 4069 BAYSHORE DRIVE NAPLES, FL 34112 DATE OF APPRAISAL: NOVEMBER 24, 2015 DATE OF THE REPORT: DECEMBER 10, 2015 PROJECT NUMBER: CRA 2015 PREPARED BY: ROOSEVELT LEONARD,R/W-AC Sr. REVIEW APPRAISER COLLIER COUNTY REAL PROPERTY 3335 TAM1AMIATRAIL E STE 101 NAPLES, FLORIDA 34112 1 Packet Page-1046- 1/12/2016 16.B.2. SUMMARY OF IMPORTANT DATA AND CONCLUSIONS Location: The property is located on the east side of Bayshore Drive North of Jeepers Drive, Naples, Collier County, Florida. The street addresses are 4265 &4315 Bayshore Drive. Owners: Collier County Redevelopment Agency Purpose of Report: To estimate the market value of the unencumbered fee simple Interest in "as is" condition. Function of Report: To serve as the basis for the sale of the property. Flood Zone:Flood zones AE: AE: "Base flood elevations determined" Elevation 7 ft, also within "Special Flood Hazard Area(SFHA), Defined as"the area subject to flooding by the 1% annual chance Flood." Highest and Best Use: Mixed Residential and Retail Commercial APPROACHES TO VALUE INCOME APPROACH: NA COST APPROACH: NA SALES COMPARISON APPROACH: COMPONENT VALUE VIA APPROVED UNITS: $3.826,000 COMPONENT VALUE VIA SQUARE FEET: $4,358,400 OVERALL ESTIMATED VALUE: 4,150,000 IMPACT FEE CREDIT ESTIMATE: $23,171.89 Date of Appraisal /Inspection: November 24, 2015. 2 Packet Page-1047- 1/12/2016 16.8.2. TABLE OF CONTENTS TITLE PAGE 1 SUMMARY VALUE CONCLUSIONS 2 TABLE OF CONTENTS 3 LEGAL DESCRIPTION & SKETCH 4 SI'Z'E PROPERTY DATA 5 MARKET AREA 7 BAYSHORE CRA AREA 10 SCOPE OF THE APPRAISAL 11 PURPOSE OF THE APPRAISAL 11 DEFINITION OF MARKET VALUE 12 INTEREST APPRAISED 12 HIGHEST AND BEST USE 14 APPROACHES TO VALUE 16 CURRENT LISTING SALES 17 COMMERCIAL COMPONENT 19 RESIDENTAL COMPONENT 20 CORRELATION AND FINAL VALUE ESTIMATE 21 VALUE ESTIMATE BY THE COST APPROACH N/A VALUE ESTIMATE BY THE INCOME CAPITALIZATION APPROACH N/A EXHIBITS AND ADDENDA ZONING MAP 3 Packet Page -1048- 1/12/2016 16.B.2. '`.t. JF x'4� tiv '';S 'y '7','I._Minn a 'K t.' , we i' , d d sac .,,,,,,,,,,lk,z,4„.„,,,,,,,,,„,,,,..,' -.. -,44„, , ..‘---, -,,n, - it„, .„,..,‘„‘„,„„ ,... , ,..,. . , , ,,, , „..,, .,,...., , .„,„, , ,,,,..,,, _ ,,,,,, ,,, . . ,,,.,,,,,‘„,„ ,„ "1.....,'.:N-7. i ' , 1- '-, ,I,--/ a. f i- � Fw* 0,�. '`�. ,' ors '` a "is- } , . _ - l L t_ ' • +JR; a�, tit r ° p4 �_ - 'k ^'+r- 1 to.;, ,,,, , . A.5.,,,,,, '"'� 5"v+.,„;, fi• jkv W ' '41 ti e5 l , � + r yk "` �' t C r w°a..‘,.,.,1...-2-r' r ea' e$t 3 LEGAL DESCRIPTION; The legal descriptions fOT t e grope ty arc taken from the subject's PIA)documents. These descriptions are as follows: A PARCEL OF LAND LYNG IN SECTION 14,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS NEWEST 425 FEET LOT 109,NAPLES GROVE AND TRUCK CO`S LITTLE FARMS N0 2.ACCORDING TO THE PLAT THEREOF RECORDED IN FLAT BOOK 1,PAGE 27A,LESS THE EAST 200 FEET AND THE WEST 25 Chtt I t HEREOF,PUBLIC RECORDS OF COWER COUNTY,FLORIDA. PARCEL2 THE EAST 200 htt I OF THE WEST+535 Hth t OF LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS Na. 2,ACCORDING TO THE RAT THEREOF RECORDED IN PLAT BOOK 1,PAGE VA,PUBLIC RECORDS OF GQLLER COUNTY,FLORIDA.TOGETHER WITH ANJ INGRESS AND EGRESS EASED*ENT ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF Tt W EST 225 Ftt I OF LOT 108,NAPLES GROVE AND TRUCK CO S LITTLE FARMS Nat PARCELS ALL OF LOT 108,LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS N0.2,ACCORDING TO THE RAT THEREOF RECORDED iN PLAT BOOK 1,PAGE 27A,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA TOGETHER WITH: ALL OF LOT 109.LESS AND EXCEPTING THE WEST 425 FEET AND_ THE KELLY ROAD RIGHT-OF-NAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS Na.la; ACCORDING TO THE AT THEREOF RECORDED IN PLAT BOOK 1,PAGE 27A,PUBLIC RECORDS OF COWER UNTY,FLORma AND PARCEL A LAKESIDE MOBILE ESTATES,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN RAT BOOK 9,PAGE 99,PUBLIC RECORDS COLLIER COUNTY.FLORtfla. 4 Packet Page-1049- 1/12/2016 16.B.2. SITE DATA Location: This property is a mixed use zoned tract of vacant land once partially improved with a retail commercial building, since removed. It is located on Bayshore Drive north of Jeepers Drive. This property is in Section 14, Township 50 South, and Range 25 East. Land Area: The property contains an area of 17.89 acres of land, as shown on the most recent rezoning application. This differs slightly from the area posted on the Collier Property Appraiser's web site. Shape: The site is irregular,roughly rectangular with a portion excluded. Dimensions: The site is 1,291.8 deep(on the south property line), 801.45' on the west property line(along Bayshore Drive), 1,291.8' along the northern line and665.04' on the eastern property line(as taken from the Collier County Property Appraiser's map). Frontage: The site has frontage on Bayshore Drive via 528 feet of frontage on the west side of the property. There also is 200 feet of frontage on the south property line on Jeepers Drive. Access is from Bayshore Drive, a divided four lane roadway, and Jeepers Drive, a two lane roadway serving the adjoining mobile home subdivision. Topography: Based on a physical inspection as well as topographic maps for the property,the upland portion of the site appears to be level and slightly below at grade with adjacent roadways. The site also contains a significant amount of lake and wetland. According to the recent rezoning documents, of the total area 17.89 acres, 9.77 acres is uplands and the remaining 8.12 acres is either lake, wet or preserve area. The following chart specifies the subject areas and characteristics. FROM MASTER PLAN UPLAND/LAKE/WET PRESERVE TRACT A 7.72 TRACT B 0.56 TRACT C 1.18 TRACT D 0.87 TRACT E 1.68 TRACT F 2.82 TRACT G 3.06 TOTAL 17.89 acres, combined land characteristics 5 Packet Page-.1050- 1/12/2016 16.B.2. SITE DATA(CO V'I1wUED) Drainage: On site c�ainagr is to the east to the Like arras on the eastern side of the site. Soil C3 axacteiistics: Based upon an inspection of the site,the soil a combination of gray sand with some coral roth and shell.This is typical ofthis area and should allow its use as both residential and gal_ Zoning: The subject property is zoned MPUD, Mixed Plant ed Unit Development. A copy of the PUD document is presented in the addenda Under this zoning the subject is perrmtted to develop 40 residential twits,48.575 sf of commercial space,a 350 seat theater and 84,000 sf of parking garage. The comparable sales preserned within this report also are mixed use projects. While the specific mix of residential and commercial uses may differ from those fcuatid in die subject, they are fly similar to allow theiruse to estimate value fax the subject Utilities: Electric,venter,sewer and telephone are available at the tract. Trash is handled by private service.Police and fire pmtec'non are provided by the Collier County. Easements: According to the documents from the recent rezoning,there are two drainage easements of about 40 feet along the eastern property line,in the lake area. These appear to be one of 40 feet in width over which has been placed an additional 10 foot easement on the western 10 feet of the eastern 40 feet of the property.There also is a 35 foot wide FPL easement over the same area.Considering their location within the lake area and in close proximity to the property line,it is unlikely that these easements will have any negative impact on the use of the Property- 6 Packet Page-1051- 1/12/2016 16.B.2. 0 EAST NAPLES MARKET AREA ^ ' 4r--'—rws• i Temice Ave - --I 6 . v . . is • .... 0.4,,des!ivd 4• r# - g + 4 , TIT n ita - s? 1,f4/#0. 0111FL r . . 1 , 9110, .... J. I...1, , c, , ti- ... . 1., Trto . 40 ad 1 ,s. 1 v-4.4,:,...,..., ,,,,, ..,:i,,, '''"714,„ 1 it • # .,•• 'r Ray ) t14. \ V:;.,:.-;.4,`,0*4c:-.,?_', • :,- ,' 2 . , 4 144r* 4.. , ., ' - - 4S-'.. i-,.4'.,---:- * ---''' '4 --....eill'' ' '-- --,,'- '4.4''/ -3.4.-tier 4tf's ,, . 4 4s„,,,,,,4 Park <4. Rose art haPitt"-,---,-....,,444,"401,041 or------2.4 Thomason in co '''' Mir is. 0,44 4r .. ... O .. r,– "IL .,,,, :,,, MIIS).data$12015 Goosita Toms alltaa Ramon ant*our _... . ,,,..._...., ABOUT TAMIAM1 TRL E / BAYSHORE DR REAL ESTATE PRICES AND OVERVFEW Tamiami I rl E,'flays/tore Dr median teal estate price is S147.252.which is more expensive than 35.2Sip of the ticightuniitiods in 114mitta and 38.Sts of the neighborhoods M the 1J,S. 'Ilie average rental price in Tioniami Trl 1.Baysbore Dr is currently$902,based on Neighborhood SetruEs exclusive analysis Rents here are currently kilter in prior than 84.2%of Florida neighborhoods. lamiamt'I OE;llaystiorc Dr is a suburban neighborhood lbased on papal:aim density)located in Napks.Florida lamiami Tr)F.)llaystiore Dr rad estate is primarily made up of small(studio to two bedroom)to medium stoned(three or four bedroom)apartment complexes/high-rise apartments and mobile homes.Maw of the residential real estate is occupied by a mixture of owners and renters.Many of the residences in the Tamituni'Fri El lisystane Dr neighborhood are established but not old,having been built between 1970 and 1949.A number otresidences%vac also built between 1940 and 1%9. 7 Packet Page-1052- 1/12/2016 16.B.2. MARKET AREA DESCRIPTION This property is located south of Naples,in central Collier County. This area predominantly has been used as residential properties,with single family houses,condoMiniums,manufactured homes and apartments. This residential development supports commercial development,such as the subject, located primarily along the major roadways:US 41(Ta is i Trail),Davis Boulevard and Bayshoie Drive. These roadways,along with Rattleacticr Hammock Road,are the major roadways in the area. This market area.formerly known as the weiglimrhood.of which this property is a part includes the ttarteastent portion of Collier County surromiding the town of Immokalee.. It is bounded by the following On the North: Davis Boulevard(SR 84) On the East. Sama Barbara/Pony Avenue On the Sou& a line 1 mile south of Tly uasson Drive On the West Naples Bay The overall nature of this area is residential,primarily condominiums and single family detached houses_ Condominiums cerise the largest portion of the total properties in the area,with 54%of the total nub of properties. This is followed by the single family his.which make up another 26%of the total. Condominiums and single family residences are found throughout the area. The houses are mostly CBS of between 1,500 sf and 2.000 s£(28%),with another 28%being between 2.000 sf and 2500 sf and 23%between 1,001 sf and 1.500 sf This indicates the moderate to upper economic level found throughout the area,with many residents being upper middle income retirees. seasonal residents as well as professionals. The age of these improvemetts,with.77%of the houses built between 1971 and 2000.indicates a stable population. Within the neighborhood:the pattern of dewlopn nt corresponds closely with the nature of the road on which the property is located. Thus.the properties located on the major roads.especially Davis Boulevard and US 41.are developed as commercial. The properties locakd on secondary streets are developed as residential,with single family and apartment properties located in close proximityto the major road. According to the Collier County Property Appraiser's information, the subject's Market Area contains 20,770 properties. Of these,54%(11,121)are listed as condorniMum while single family houses constitute 30%(5361)and 4%(856)are listed as vacant residentiid. Another 3%(708)are listed as mobile hone. Only 2%(481)are shown as commenial. 8 Packet Page-1053- 1/12/2016 16.B.2. The Collier County Community Redevelopment Agency(CRA)was established in March 2000 to alleviate slum and blight in two separate Redevelopment Areas within Collier County: The Bayshore Gateway Triangle Redevelopment area and the Immokalee Redevelopment Area. The Bayshore Gateway Triangle Redevelopment Area The Bayshore Gateway Triangle Redevelopment Plan includes a study of the area completed in. 1999 which identified four distinct manifestations of slum and blight within the Redevelopment Area: 1. Faulty on street&lot layout in relation to size, adequacy, accessibility, or usefulness; 2. Unsanitary or unsafe conditions including deterioration of site. 9 Packet Page-1054- 1/12/2016 16.8.2. &l / MATEWAY TRIAMBLE REDEVELNWENT AREA r i tom u,.qI I ` I.L , ,h 11 - "�� Y.Il / I Y ► 1111111_ . -a 11-1• a= — 1r{<`, Ili!- —•. !_ '�., ..1 .1,�• s Vr r !• i T.. feu * us. 1 _.-,sue ) q...r.mmas."0 , 1 :i,'-....__ -.., _II :II. _ I'ill s. .....,.. .. ..;,.;;;` ''..: 1 1 1r ,in-,.,.!,,,,,,,.' 'V !il�r z x� r ,1771...._-,,,,... 4 Y■) 40/,': " ' I A •"'"" x' .►'.♦ ��'�\\ 111 __ Ir I/kr i 1 If' i /14:--- '! J,41r4•• --.It'''. '''. :'- 1 **'+-: !IIIII-7.7' IFIW '' A'''''' '' Eily " to • "` 0 t ....ki, A.,-, --,,..__-. .- 1" '' ' :---4:111111111111MIIIL( „2.2_v1.....o.1- 1 - .1111111111111H1'�- , vgitc.,...„, _ ,.... le* 401.,:sir . I 'T i:(L 1'!. 1 Sa I i 1 11 }1 l � 1J : a .r: i'I "4 Ntt* �� IsiC ,. �� g-per .• ;tip ❑,•∎ 1 ..1;.�...:.,..,0.�.. .? C�IBTi l lri !M w' Tu fa' 1i ViL. f ir∎Ti MIIIMIIIIIIMIMIIIIIIIIIIIIIIIIIIIII •,ml,'.. MM 1 ..1011t 111l{1.11111 �'iiiil1i11 C77■,,,, ill: i Yin.,..-., L: k .- 1=m=1 • YY. .YY I .. 10 Packet Page-1055- 1/12/2016 16.B.2. PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the market value of the property in fee simple and recognizes the=rent undeveloped condition of the site. FUNCTION OF THE APPRAISAL The Sanction of this appraisal is to serve as the basis for the sale of the property. IDE%iteICATION OF PROPERTY The subject of this appraisal is an unimproved mixed use (residential and )property located on the east side of Bayshore Drive north of Jeepers Drive. The addresses are 4265&4315 Bayshore Drive, Naples, Florida. The property is situated within an historical residential and commercial area,with easy access to Naples and other putts of Collier County via Bayshore Drive and US 41. The property consists of a vacant tract approved for mixed use with frontage on the west side on Bayshore with a shod distance of frontage on killers Drive on its southern side. This appraisal is premised upon the use of the property as mixed use(residential and ca cial)and deals only with the value of the land. EXPOSURE TIME During the investigation of market data for this assignment,I have estimated that the Exposure Time for the subject property,the period prior to the date of value necessary to result in the sale of the property,would be within a range of 24 to 36 months. 11 Packet Page-1056- 1/12/2016 16.B.2. DEFINITION OF MARKET VALUE Market Value—As defined in the Agencies'appraisal regulations,the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably,and assuming the price is not affected by undue stimulus.Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. -Buyer and seller are typically motivated; -Both parties are well informed or well advised,and acting in what they consider their own best interests; -A reasonable time is allowed for exposure in the open market, -Payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and -The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 2010 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury, Office of Comptroller of the Currency,Board of Governors of the Federal Reserve System,Federal Deposit Insurance Corporation, Office of Thrift Supervision and National Credit Union Administration under 12 CFR Part 34,Real Estate Appraisals and Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), and the Interagency Appraisal and Evaluation Guidelines,Federal Register,Volume 75,No.237,December 10,2010,P 61-62 PROPERTY RIGHTS APPRAISED The property rights appraised are all the rights inherent in fee simple ownership. 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." (The Appraisal of Real Estate. 13th Edition 2008,Page 111) 12 Packet Page-1057- 1/12/2016 16.B.2. Market Trends Year round warmth,beautiful sunshine and its diverse and strong business community makes Collier County the ideal corporate location for business growth and future success.Collier County and its surrounding communities have a current estimated population 321,520.The Naples Metropolitan Statistic al Area is currently the 15th fastest growing Metropolitan area in Florida.From 2000 to 2010,the population of the Naples metraplitan statistical area has grown 25 percent.According to the U.S Census Bureau,the population of Collier County is projected to reach 449,700 in 2030 with a 40 percent increase over the population in 2010. POPULATION ESTIMATES AND PROJECTIONS—COLLIER COUNTY,FLORIDA The Naples-Marco Island MSA has a fast growing population of 290,000+year-round residents. The Southwest Florida regional population is projected to increase 45%from 2010 to 2030. 483,600 446,400 406.500 317,788 333 600 365,700 251,377 152,099 1990 2000 2005 2010 2015 2020 2025 2030 13 Packet Page-1058- 1/12/2016 16.B.2. HIGHEST AND BEST USE As defined in The Appraisal of Real Estate, 11th Edition.Highest and Best Use is:"the reasonably probable and legal use of vacant land or an improved property, which is physically possible, apptopriately suppoxted,fi *needy feasible,and that results in the highest value."(Page 297) An analysis of the Highest and Best Use of a property is the most important part of the appraisal process because it is in terms of highest and best use that market value is estimated. This study and selection of highest and best use is based on available data about what uses are legal, possible, a�and feasible for the site. HIGHEST AND BEST USE: Based an this discussion of uses which are legal,physically possible, appropriately supported and financially feasible, it is my opinion that the Highest and Best Use of this property is as retail coal. Based upon the existing and anticipated development along this portion of Collier County.such a use pattern is consistent with existing and anticipated growth in this part of the county. LEGAL USE: This property is zoned MPUD,which allows for both residential and retail commercial uses. The subject has been, in part, an improved commercial property. The use of the property as both residential and retail commercial is consistent with the legal uses as well as other development in this part of Collier County. POSSIBLE USE: This site presently has sufficient physical characteristics of size,shape, access,public utilities and infrastructure to be physically and functionally adequate for its most immediate use of a mixture of residential and retail commercial_ This is consistent with the development pattern present or anticipated for this area. The fact that both the subject and some nearby properties include this use is ample evidence that the use is possible. 14 Packet Page-1059- 1/12/2016 16.B.2. FEASIBLE USE: Based an the neighborhood data, as presented earlier: the demand for both residential and retail commercial properties in this aria bas bean steady,although restricted byrecent arc conditions. The anent pressure for both.residential and commercial uses in these portions of the Collier County urban area has remained reasonably strong and has been progressing due to the area's location and the relative ease of access to and from this area from throughout southwest Florida. The long term outlook for the overall trends in thisareais favorabk. Considaing the ndghbcchoodd ndfatoCs, the future trends are expected to be a return to an increasing level of mod. PROBABLE USE: In keeping with the previous development of the subject as well as those is completed within this area, the most probable use for these properties is a form of mixed residential and retail aerial. The experience of the subject and other existing properties in this area indicates that such a use is most reasonable. 15 Packet Page-1060- 1/12/2016 16.B.2. APPROACH TO'VALUE The appraisal process is a systematic method of gathering data regarding sociological physical. economic and governmental forces to analyze and interpret their influence,in terms of value,on a specific real property. In this process three basic approaches are used:Cost Sales Comparison and Income. Each is based on the principle of substitution:that an informed purchaser would pay no more for the rights in a particular real property than the cost of acquiring without undue delay.an equally desirable one. COST APPROACH In the Cost Approach.the site is valued as if vacant and available to be put to its highest and best use. The reproduction cost new of the improvements is estimated less accrued depreciation from all causes. physical.functional and locational. This depreciated value of the improvements is added to the site value for an indication of the subject's value by the Cost Approach. SALES COMPARISON APPROACH In the Sales Comparison Approach.sales of similar properties are ascertained as to their price.terms and condition of sale. These sales are then compared directly to the subject by an applicable unit of comparison and adjusted for any differences in time. location. and physical characteristics. The resulting adjusted sales values indicate a range of value for the subject. LNCOME APPROACH The Income Approach estimates the present worth of all future benefits.either in money or amenities. anticipated through ownership of the real estate. In this process.I estimate the Potential Gross Income from market rentals. From this I subtract the market derived allowance for vacancy and collection loss. The result is the effective gross income. Based upon market data.I estimate the expenses as anticipated for the property and subtract them from the Effective Gross Income to arrive at a Net Operating Income. By using the appropriate method and rate.I convert the Net Operating Income into a value estimate via the appropriate method(s)of capitalization. The Sales Comparison Approach to value will be considered in this valuation. The Income Approach and the Cost Approach to value are not applicable in this appraisal assignment. 16 Packet Page-1061- 1/12/2016 16.B.2. SALES COMPARISON APPROACH To complete this analysis, I have researched and investigated sales of several PUD sites located in the Naples urban portion of Collier County. There have been sufficient sales of such properties considered to be arms' length and open market sales involved unrelated to private parties. I have used several of these sales to estimate the value of the subject property. In my first analysis, I have used four current listings that have similar utility and similar zoning as the subject. Looking at the current listings,the average listed price for mixed use zoning is$6.00sf CURRENT LISTINGS FOR SALE NEAR THE SUBJECT PROPERTY .4446 R It l' l'. V ''''"--17 11111111111 2 A- 111441111.1041r ,..-� III.. '.. i/PAPa.NC" .r.ein W.. iiitillilliekl 1 1 1 ; MINIM MD COMP 1 5995,000 IP 59.00SF 2.51 ACRES COMP 2 552,520,000 C.55.835E 9.92 ACRES COMPS $7,500.000.54.62SF 37.25 ACRES COMM 55.800,000.55.10SF 8.31 ACRES (CAMBIA,NOT SHOWN on the E TRAIL) The average SF for the current listings Is 56.00sf 17 Packet Page-1062- 1/12/2016 16.B.2. Current Listings researched but not used: Vincentian Village development; 30 acres@ $6,800,000 or$5.20sf Collier Blvd development; 37 acres@ $8,900,000 or$5.58sf Magnolia Pond development;47 acres@$10,750,000 or$5.25sf Current Listings Analysis: The current listings will provide some price range of expectations;typically the actual sales price will be 3%to 5%lower than the asking price,this is true in non active markets. The current Real Estate is active for properties with zoning already in place, aka shovel ready. The estimated listing and value range of the subject property will be$5.60sf. Subject property 778,288sf x $5.60sf is $4,358,412 say $4,358,400 dollars. 18 Packet Page-1063- 1/12/2016 16.B.2. Residential and Commercial Component Indicated on page 6 of this appraisal report, the subject property has been approved for 48,575sf of commercial space and 40 residential type units. Breaking down the subject property residential and commercial components is a way of determining market value. SUBJECT -". #;rja�'', :. `; cm" 'x^,al*�+rT�.`..N ;;.� �. �`;�� *St�•eR f."-xa�'.`3,., x e - r'�, - , .�:�� i fi:,^ ,.:,�'�aK.s,T'k x"`e�"-.�»-tfzP'`r ` PROPERTY COMPARABLE 110.1 COMPARABLE NO2 COMPARABLE NO.3 48.575sf I allowatie Zoning 1307Tagiain TA E 5102Unread In E 2924 Bayshore Dr Praxrmityt0 = w; Taxi 003!6340007 Tvt 71750002468 Listln9 2224644 Sates price 31.500,000 r ..,r fi 51 1 ob0.000 United. sr! 323 &. I`✓� S17 Data Source REC PropertyAppraber Sides Data PropsriyAppreiser Sales Data PropertyApprsissr Sales Data Date otSate3 Dpi Description Description Description Adjusimerd TimsAdplslma* ,. Atbusbnent 4/14/2015 30 4/1712015 30 Listing 30 Location East Naples EQUAL 30 EQUAL 30 Equal SO ZONING C-4 C-4 30 C-3 SO Shelter SO UtltltlesAvailable Eleebic/Water Equal SO Equal SO EOM SO Size/Acres 1.12 et I4L575s1 1.62 ac 30 1.09 ac 0 0.73 ere SO View/USE Commercial Similar SO Similar SO Smiler 30 Frontages access access access access Sit eS or Firanarg �� Concessions zn rr ." CASH CASH CASH 'id Adj.(Total) $4 14:1 1, a h so .44-fis;r"ws e Sp {`5 r{ fit+ 0 Indicsbdlfalusof t t Sublttt tndtc�0urai ;�, '�a _ ,t Value ; n.,i a '`; ir.xitia ' ' 573 S17 Comments cmMankot Data. Thesut33d issimlPartothecanpaathlesaiio hecomparabiasonireEdellrequmsadoon rarOadjusdnant duet*toemiort The resserch of retail vacant land SIM hliklieda value similerio 517x1 •n„T Tirrrii.?7;c.:!TIE.;1-;'171 '7-7' •is, e z-T-an.._ use*'e p considered re The 4 Moments of H&Buse are considered.endths repot is a market value appraisal The appraisers decisions end scope of work may become relevant to the characteristics of err raordinary assumptions or hypothabcal conditions and may become applicable in this valuation. Final MI three arproarneswere considered m the valuatisnofthis pans/.The sees approsch method ts oven mostweight The value of the opinions end conclusions may be stleeted due to later known or unknown adverse conditions that exist with the subject property. ESTIMATE MARKET VALUE 46,67 st/*a rjectMS174S826,7l5aay$523,000do lays CommerdelSpicewitlenthe 17.99 acres DATE OF ESTIMATED VALUE 13):)31015 The commercial component of the subject property indicates an estimated value of$826,000. 19 Packet Page-1064- 1/12/2016 16.B.2. Residential and Commercial Component(cont) Indicated on page 6 of this appraisal report, the subject property has been approved for 48,575sf of commercial space and 40 residential type units. Breaking down the subject property residential and commercial components is a way of determining market value. suaiecr �.z§s�: N.fi. ..t�rti,fi �, . .>!-naa�i? '�, .!x•� �kb.�,,r, F'E`caw "`- a�* f� *na�`, n'�;_� COMPARABLE NO.1 COMPARABLE NO2 COMPARABLE NO.3 PftOPERTY 40 allowableunilawttdnihe 1719 acres Landings at Bears Paw Encleve-LLC Cope Rasenre Proxrmmtyto SuWect .,k r. , °�� ..< Tore 0026860000 Taxi 0015004000' Listings Silas Prier E b �- ` ; " 51.500.000 1 53000.000 $2200000 Unit Price � �z, " 65217du � ,��` �� 62.5000u � �. 56.0000u PftOPERTY-APPR Dela Source REC PropertyAppraser Sales Data Props tyApprausr Sias Data PropartyAppraiser Sales Data Date of Sale Si DESCRIPTION Description +1 S Description `14 Description +1 S Adh +srrt Ad�abaant AdJusbrfant Time Ad ustmerd i- '; + 411412015 SO 91612016 50 Llseng SO Location East Naples EQUAL 30 EQUAL SO Equal s6 ZONING MXD USE similar SO similar $0 Similar 30 U6BtiesAsraltable Electric/Water Equal 30 Equal SO Equal SO SixeMits 6 ac+1- T.60 ac 30 12+1-ac 0 1422 ac $0 Mew/USE Residential Similar SO Similar SO Similar SO Access! amenities Amenities available similar similar similar SelesorFinarteng ;,X CASH CASH CASH ConceSaldra °* Net Adj.(Total) 15 per 15 per 20 per Indicated Value of 5litfied lndtraedUnt TS.00O -� 66000 Comments on et Data: The subject property is larger&thoughts.net densityis smalltr,girt;market data wilfrequiro upward atiteibeents. Similar listings for mu0[amtymix use are lithe 362.000 to 575.000 range per une depending upondensty. Comments and CondborsofAomarsat The interest betngappratsedisteesimpe,admehghest.andbestuaeotineparcelisconsideredvaamt The 4 elements of H&Buse are considered,and this report is a market value applaisat The appraiser's decisions and scope of work may become relevant to the characteristics of extraordinary assumptions or hypothl conditions and may become applicable in this valuation. Final Rseandletion: lit hree approattoswere considered int**vakiation of this parcel.The sales approach me thodisglvenlmostweight.Thevalue of the opinions and conclusions may be affected due to fate known or unknown adverse conditions that exist with the subject property. ESTIMATE MARIeT VALUE: 40 unite(subject)x76,000 unit.53,000,000 Residential Component DATE OF ESTIMATED VALUE 121312016 The residential component of the subject property indicates an estimated value of$3.000,000 20 Packet Page-1065- 1/12/2016 16.B.2. Reconciliation of Residential and Commercial Components Based on current similar PUD listings for sale and closed comparable PUD sales the valuation method of using both the residential and commercial components is $3,826,000 dollars. OVERALL RECONCILIATION: The analysis via square feet value is based upon combined unit value for the residential and commercial components. The estimated value for these components is$4,358,400 dollars. This is my opinion of the highest asking price or estimated value due to the existing competition of"for sale properties". There are 4 similar type properties within one mile of the subject property,with similar type zoning or superior zoning. Keeping in mind when these type properties are listed for sale it usually takes up to 36 months for a concluded sale. The analysis via separate components is based upon separate unit value for the residential and commercial components. The estimated value for these components is $3,000,000 dollars for the residential component and $826,000 dollars for the commercial component. The estimated value for the components is $3,826,000 dollars. Based upon this data, I have correlated to an estimated value,through the use of separate residential and commercial units including the combined land use indicating an overall value of$4,150,000 dollars. 21 Packet Page-1066- 1/12/2016 16.B.2. ADDENDUM Packet Page -1067- 1/12/2016 16.B.2. ry _ ` 0 .y�H { i ��t 14 Subject `. . „,# z 1 ; - , . ' ' ''. 1 w 0 t. .is. , ,, 4t,, to41141 i 4 Ii - SDO;AL , 1 1111, No. : -..'' c , , ` $02" § 4!. * #**t:Ca#Cre **""e**+ .+wr **** ********************************************** AERIAL V 0 IEW OF SUBJECT FROM PROPERTY APPRAISER'S WEBSi1 ************** :** **************************** ****** **** * ; Packet Page -1068- 1/12/2016 16.B.2. CULTURAL ARTS VILLAGE PUD DOCUMENT 7.:-,7:.:;• j1h 1� 4 f.l 1�1 ...t N \ sy�. Ijl� '.� t . '�1i �h r ' `-- �r ORDINANCE NO.12--21.,__ , <_ UU AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS`T ,-, "�l 44 COLLIER COUNTY,FLORIDA.AMENDING ORDINANCE NO.200 -,o <. AS AMENDED.THE COLLIER COUNTY COMPREHENSIVE VE DEVELOPMENT WHICH ESTABLISHED THE ,,�� REGULATIONS FLORIDA, FOR THE AMENDING THE APPROPRIATE ZONING COUNTY. PLQ ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE COMMERCIAL CONVENIENCE ZONING DISTRICT (C-2 AND THE NEIGHBORHOOD COMMERCIAL. SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE GENERAL COMMERCIAL ZONING DISTRICT (C-4-BMUD-NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE MOBILE HOME ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) TONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CULTURAL ARTS VILLAGE AT BAYSHORE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40 RESIDENTIAL DWELLING UNITS AND LT TO 48,575 SQUARE FEET OF COMMERCIAL LAND USES, UP TO 84,000 SQUARE FEET OF PARKING GARAGE AND A 350 SEAT THEATRE IN SECTION 14. TOWNSHIP I 17.89+/- EAST, DL FLORIDA DA CONSISTING OF AC ES ANPROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Community Redevelopment Agency, represented by Banks Engineering and Pizzuti Solutions LLC.petitioned the Board of County Commissioncrs to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTI____ON ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 25 East. Collier County. Florida. is changed from the Neighborhood Commercial Subdistrict of the Bayshorc Drive Mixed Use Overlay District of the Commercial Convenience Zoning District(C-2-BBMUD-NC)and the Neighborhood Commercial Subdistrict of Cultural Ans Village-PUD1.-P1.2010.592 Page I of 2 • Revised 5 07'1_2 i Packet Page -1069- 1/12/2016 16.B.2. the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District(C-4- BMUD-NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District to a Mixed Use Planned Unit Development (MPUD),to allow construction of a maximum of 40 residential dwelling units and up to 48,575 square feet of commercial land uses,up to 84,000 square feet of parking garage and a 350 seat theatre in accordance with Exhibits A through F,attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,as described in Ordinance Number 2004-41,as amended,the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida,this I1 i day of c t ,2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA x i i•C. By: By: - f FRED W.COYLE,Chai an u.: • --*.re."-40,, 'Clerk Appm¢44as to;fottri and legal' ffeeii : Qom_ •' (;\`�1t2 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Thts ordinance file with tha Exhibit C—Master Plan reg*off Exhibit D-Legal Description d.know Exhibit E—List of Requested Deviations en •fit' • Exhibit F List of Developer Commitments ct / By�'--1 � ` CP1lt1 CPS 01023158 Al•• Cultural Am Village/PUDZ412010-592 2 of 2 Revised 5/07/12 Packet Page-1070- 1/12/2016 16.B.2. EXHIBIT A FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD PERMITTED USES The Cultural Arts Village at Bayshore MPUD (Mixed Use Planned Unit Development) will be developed as a mixed use project within the Bayshore/Gateway Triangle Redevelopment Overlay comprised of a maximum of 40 residential units,48,575 square feet of gross floor area Commercial uses(including retail,office and medical office)and a 350-fixed seat Performance Theatre and ancillary uses. No building or structure,or part thereof,shall be erected,altered or used,or land used, In whole or in part,for other than the following: A. Tracts A,C,D,E,F&G Principal Uses: t Q TABLE OF PERMITTED USES PERMITTED PRINCIPAL USES: X X i ACCOUNTING SERVICES(8721) 2 ADVERTISING AGENCIES(7311) X X AMUSEMENTS AND RECREATION SERVICES(7999-BOAT RENTAL MINIATURE GOLF COURSE,BICYCLE AND MOPED RENTAL RENTAL OF BEACH CHAIRS AND ACCESSORIES,CANOE X x X X X X RENTAL,DAY CAMP,EXHIBITION OPERATION,EXPOSITION OPERATION,JUDO INSTRUCTION,KARATE INSTRUCTION,YOGA 3 INSTRUCTION APPAREL&ACCESSORY STORES(5611-5699)WITH 5,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE PRINCIPAL X X 4 STRUCTURE ARTIST STUDIOS:PAINTING,DRAWING,GRAPHICS,FINE WOOD WORKING,MIXED MEDIA,FIBER ART(WEAVING),GLASS, X X X CUSTOM JEWELRY,CLAY(CERAMICS/POTTERY),SCULPTURE, PHOTOGRAPHY,DANCE,DRAMA,AND MUSIC(3269)(7335) 5 (7336)(7929) ARCHITECTURAL,ENGINEERING,SURVEYING SERVICES(0781, X X 6 8711-8713) 7 ATTORNEY OFFICES&LEGAL SERVICES(8111) X ( X AUTOMOBILE PARKING,AUTOMOBILE PARKING GARAGES AND kI PARKING STRUCTURES(7521);LIMITED TO 84,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE PARKING GARAGE OR X X PARKING STRUCTURE,THIS USE DOES NOT INCLUDE TOW-IN S PARKING LOTS OR STORAGE Page 1 of 20 Revision Date:May 7,2012 PUDZ.PL2010-592 Cultural Arts Village at Bayshore PUD Packet Page-1071- 1/12/2016 16.B.2. TABLE OF PERMITTED USES PERMITTED PRINCIPAL USES: 9 BANKS,CREDIT UNIONS AND TRUSTS(6011-6099) X X 10 BARBER SHOPS OR COLLEGES(7241) X X 11 BEAUTY SHOPS OR SCHOOLS(7231) X X 12 BED&BREAKFAST FACILITIES(7011) X X 13 BUSINESS SERVICES(7389) X X 14 CHILD DAY CARE SERVICES(8351) X X CHURCHES(8661);CHURCH USES ARE LIMITED TO PERFORMING ARTS CENTER AND ADJOINING AMPHITHEATRE X 15 AND LAWN CIVIC AND CULTURAL FACILITIES;LIMITED TO LESS THAN X X X 16 5,000 SQUARE FEET CIVIC,SOCIAL AND FRATERNAL ASSOCIATIONS(8641); X X 17 LIMITED TO LESS THAN 5,000 SQUARE FEET 18 COMMERCIAL ART AND GRAPHIC DESIGN(7336) X X 19 COMMERCIAL PHOTOGRAPHY(7335) X X COMPUTER AND COMPUTER SOFTWARE STORES(5734); X X 20 LIMITED TO LESS THAN 5,000 SQUARE FEET COMPUTER PROGRAMMING,DATA PROCESSING AND OTHER X X 21 SERVICES(7371-7379) 22 DANCE STUDIOS,SCHOOLS AND HALLS(7911) X X X DRINKING PLACES(5813),RESTAURANTS,HOTELS AND PRIVATE CLUB,GOLF CLUB,COUNTRY CLUB,OR CIVIC OR X X FRATERNAL CLUB,PURSUANT TO SECTION 5.05.01.A.7.; 23 BOTTLE CLUBS SHALL NOT BE PERMITTED. DRUG STORES(5912);LIMITED TO LESS THAN 6,000 SQUARE X, X 24 FEET EATING ESTABLISHMENTS AND PLACES(5812)EXCEPT CONTRACT FEEDING,DINNER THEATERS,DRIVE-IN X X X RESTAURANTS,FOOD SERVICES(INSTITUTIONAL),INDUSTRIAL 25 FEEDING;LIMITED TO LESS THAN 6,000 SQUARE FEET 26 EDUCATION SERVICES(8211-8222) X X X 27 ESSENTIAL SERVICES X X 28 FOOD STORES(5411,5421-5499) X X 29 GENERAL MERCHANDISE STORES(5311-5399) X X Page 2 of 20 Revision Date:May 7,2012 PUDZ.PL2010.592 Cultural Arts Village at Bayshore PUD • Packet Page-1072- --•-.• 1/12/2016 16.B.2. p c W LL I G G e G G 0 TABLE OF PERMITTED USES f- 1- PERMITTED PRINCIPAL USES: GROUP CARE FACILITIES(CATEGORY I AND II),CARE UNITS, NURSING HOMES;ASSISTED LIVING FACILITIES PURSUANT TO F.S.400.402 AND CH.58A-5 F.AC.;AND CONTINUING CARE X X RETIREMENT COMMUNITIES PURSUANT TO F.S.651 AND CH. 4-193 F.A.C.;ALL SUBJECT TO SECTION 5.05.04);OFFENDER HALFWAY HOUSING AND HOMELESS SHELTERS SHALL NOT BE 30 PERMITTED. HARDWARE STORES(5251);LIMITED TO LESS THAN 1,800 X X 31 SQUARE FEET 32 HEALTH SERVICES,OFFICES AND CLINICS(8011-8049,8082) X X HOME FURNITURE,FURNISHINGS,EQUIPMENT STORE(5712- X X 33 5719);LIMITED TO LESS THAN 5,000 SQUARE FEET 34 HOTELS AND MOTELS,EXCEPT HOSTELS X X HOUSEHOLD APPLIANCE STORES(5722);LIMITED TO LESS X X 35 THAN 5,000 SQUARE FEET 36 LEGAL SERVICES(8111) X X 37 LIBRARIES(8231)EXCEPT REGIONAL LIBRARIES X X 38 MANAGEMENT SERVICES(8711-8748) X X 39 MEMBERSHIP ORGANIZATIONS(8699) X X MISCELLANEOUS REPAIR SERVICE(7622,7629,7631,7699) EXCEPT AIRCRAFT,ENGINE,BUSINESS AND OFFICE MACHINES, X X LARGE APPLIANCES,AND WHITE GOODS SUCH AS 40 REFRIGERATORS,AND WASHING MACHINES. • MISCELLANEOUS RETAIL SERVICES(5932-5949,5992-5999); LIMITED TO LESS THAN 5,000 SQUARE FEET;ADULT ORIENTED X X X SALES AND RENTALS,TATTOO PARLORS AND PAWN SHOPS 41 SHALL NOT BE PERMITTED. 42 MIXED RESIDENTIAL AND COMMERCIAL USES X X X 43 MORTGAGE BANKERS AND LOAN CORRESPONDENTS(6162) X X 44 MOTION PICTURE THEATRE(7832) X X 45 MULTI-FAMILY DWELLINGS x X X 46 MUSEUMS AND ART GALLERIES(8412) X X X 47 MUSICAL INSTRUMENT STORES(5736) X X 48 PAINT STORES(5231) X X 49 PARKS,PUBUC OR PRIVATE X X X X X X 50 PERFORMING ARTS THEATER(7922)350 SEATS X X 51 PERSONAL CREDIT INSTITUTIONS(6141) X X PERSONAL SERVICES(7299);LIMITED TO LESS THAN 5,000 X X 52 SQUARE FEET;TATTOO PARLORS SHALL NOT BE PERMITTED. Page 3 of 20 Revision Date:May 7.2012 PUDZ-PL2010.592 Cultural Arts Village at Bayshore PUD Packet Page -1073- �� 1/12/2016 16.B.2. G G G G G TABLE OF PERMITTED USES g g g g PERMITTED PRINCIPAL USES: 53 PHOTOCOPYING AND DUPUCATING SERVICES(7334) X X ) 54 PHOTOGRAPHIC STUDIOS(7221)INCLUDING PORTRAIT X X 55 PHYSICAL FITNESS FACILITIES(7991) X X X X X X PROFESSIONAL OFFICES(6712-6799,6411.6399,6531,6541, X X 56, 6552,6553,8111) PUBLIC ADMINISTRATION(9111-9199,9224,9229,9311, 9411-9451,9511-9532,9611-9661);UMITED TO LESS THAN X X 57 5,000 SQUARE FEET RECORD AND PRERECORDED TAPE STORES(5735)WITH 5,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE X X PRINCIPAL STRUCTURE;ADULT ORIENTED SALES AND 58 RENTALS SHALL NOT BE PERMITTED. REPAIR SHOPS AND RELATED SERVICES,NOT ELSEWHERE X X 59 CLASSIFIED(7699)EXCEPT ENGINE REPAIR. 60 RESIDENTIAL USES X X 61 RETAIL SERVICES-MISCELLANEOUS(5912,5942-5961) X X SCHOOLS AND EDUCATION SERVICES,ART,CERAMIC,DRAMA, X X X 62 MUSIC(8299) SECURITY BROKERS,DEALERS,EXCHANGES,SERVICES(6211- X X 63 6289) 64 SHOE REPAIR SHOPS OR SHOESHINE PARLORS(7251) X X 65 SINGLE-FAMILY DWELLINGS X X 66 TAX RETURN PREPARATION SERVICES(7291) X X THEATRICAL PRODUCERS AND MISCELLANEOUS THEATRICAL SERVICES,INDOOR(7922.7929,INCLUDING BANDS, X X 67 ORCHESTRAS AND ENTERTAINERS;EXCEPT MOTION PICTURE) 68 TOWNHOUSES X X X TRAVEL AGENCIES(4724,NO OTHER TRANSPORTATION X X 69 SERVICES) 70 TWO-FAMILY DWELLING UNIT X X X UNITED STATES POSTAL SERVICE(4311)EXCLUDES MAJOR X X 71 DISTRIBUTION CENTER VETERINARIAN'S OFFICE(0742)EXCLUDES OUTDOOR X X 72 KENNELING VIDEOTAPE RENTAL(7841);ADULT ORIENTED SALES AND X X 73. RENTALS SHALL NOT BE PERMITTED, 74 I VOCATIONAL SCHOOLS,COMMERCIAL ART SCHOOLS(8249) X X X WALLPAPER STORES(5231);LIMITED TO LESS THAN 5,000 X X 75 SQUARE FEET Page 4 of 20 Revision Date.May 7,2012 PUDZ-PL2010.592 Cultural Arts Village at Bsyshors PUD Packet Page-1074- 1/12/2016 16.B.2. EXHIBIT D FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 THE WEST 425 FEET OF LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 27A,LESS THE EAST 200 FEET AND THE WEST 25 FEET THEREOF,PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. PARCEL 2 THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2 PARCEL 3 ALL OF LOT 108, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 27A,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; TOGETHER WITH: ALL OF LOT 109, LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT-OF-WAY,NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 27A,PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. AND PARCEL A,LAKESIDE MOBILE ESTATES,IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9,PAGE 99,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 16 o1 20 Revision Date:May 7,2012 PUDZ-PL2010.592 Cultural Arts Village at BayshorePUD Packet Page-1075- 1/12/2016 16.B.2. EXHIBIT E FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD UST OF REQUESTED DEVIATIONS FROM LDC 1. Deviation #1 seeks relief from LDC Section 4.02.16.F.2, which states, 'Buffers are required between mixed use PUDs, BMUD-NC and BMUD-W Subdistricts that abut residential property.A minimum 10-foot wide landscaped area shall be required. area shall include:a six-foot high opaque masonry wall;a row of trees spaced no more than 25 feet on center,and a single row of shrubs at least 24 inches in height,and 3 feet on center at the time of planting.Landscaping shall be on the commercial side of the wall.'The alternative proposed is a 10-foot wide alternative"A"buffer on Tract'A'and on Tract"C"adjacent to the MH-BMUD-NC zoned portion of the vacant property which abuts the internal loop road,as shown on Exhibit"C"page 2 of 6. 2. Deviation #2 seeks relief from LDC Section 4.02.16.F.2. which states, Buffers are required between mixed use PUDs, BMUD-NC and BMUD-W Subdistricts that abut residential property. A minimum 10-foot wide landscaped area shall be required.This area shall include:a six-foot high opaque masonry wall,a row of trees spaced no more than 25 feet on center,and a single row of shrubs at least 24 inches in height,and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative proposal will allow no buffer along the northern property line (portion of Tract'F")and southern property line(Tract'G")that is located within and adjacent to the lake for the area as depicted on Exhibit"C""MPUD Conceptual Master Site Plan'and Exhibit'C'page 2 of 6. 3. Deviation#3 seeks relief from LDC Section 4.02.16.F.3 which states,"A shared feet foot wide landscape buffer with each adjacent property required between BMUD-NC and BMUD-W Subdistricts abutting commercial zoned districts or abutting BMUD-NC or BMUD-W Subdistricts.However,the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini-plazas,outdoor eating areas,and building foundation planting areas.' The alternative will allow a 10-foot wide alternative'A'buffer on Tract'A"adjacent to the commercial parcel to the north and on Tracts"A"and'C"adjacent to the C-2-BMUD-NC zoned portion of the vacant property as shown on"Exhibit"C"page 2 of 6. 4. Deviation#4 seeks relief from LDC Section 4.02.16.A,Table 11"Design Standards for the BMUD Neighborhood Commercial Subdistrict'which requires a waterfront setback of 25 feet, to allow a minimum waterfront setback of 20 feet (0 feet with bulkhead) as shown on Exhibit "C" page 2 of 6. Lake setbacks are measured from the control elevation feet to 0 feet when en utilizing a lake. ulkheaFurthermore,bject to the requirements of Sct Section reduced.02.052 of the LDC. Page 17 of 20 PUDZ-PL2010-592 Revision Date:May 7, 012 Cultural Arts Village as Bayshorc PUD Packet Page-1076- 1/12/2016 16.B.2. 5. Deviation #5 seeks relief from LDC Section 4,02.16.F.2. which states, 'Buffers are required between mixed use PUDs, BMUD-NC and 8MUD-W Subdistricts that abut residential property. A minimum 10-foot wide landscaped area shall be required. This area shalt include:a six-foot high opaque masonry wall;a row of trees spaced no more than 25 feet on center;and a single row of shrubs at least 24 inches in height,and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall' The alternative will allow a minimum 10-foot wide buffer with no wall, same number of trees and shrubs;however instead of a single row of shrubs,shrubs shall be planted in groupings along the lake edge and around the building foundation along the northern edge of Tracts A and D. 6. Deviation#6 seeks relief from LDC Section 4.02.16A,Table 11,Peskin Standards for the BMUD Neighborhood Commercial Subdistrict, which requires that the first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only.This proposed deviation will remove the maximum height requirement to accommodate a theater use. 7. Deviation#7 seeks relief from LDC Section 4.02.03.A.Table 3,number 3 which requires a minimum building separation for multi-story parking structures of 1 foot of accessory height=1 foot of building separation.'The alternative is a 0'building separation to allow for a commercial building to abut or attach to a parking structure. Page 18 of 20 Revision Date:May 7,2012 PUDZ•PL2010.592 Cultural Arts Village at Bayshore PUD Packet Page -1077- 1/12/2016 16.B.2. EXHIBIT F FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD UST OF DEVELOPER COMMITMENTS 1. ENVIRONMENTAL A. A minimum of 0.55 acres of preserve area are required for this MPUD(2.2 acres existing native vegetation x 0.25=0.55). 2. PLANNING A. Building permits shall not be issued for more than 20,000 square feet of commercial floor area prior to issuance of Certificates of Occupancy (C.O.)for a minimum of 20 dwelling units. An exception to this limitation is that building permits may be issued for up to 30,000 square feet of commercial gross floor area if building permits are concurrently issued for all 40 dwelling units and the C.O.s for all 40 dwelling units are issued prior to or concurrent with the C.O.s for no greater than 30,000 square feet of commercial floor area. B. All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title. or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. The proposed main loop road shown on Exhibit'V may be public or private. 3. MANAGING ENTITY One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Collier County • Community Redevelopment Agency.Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney.After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new Page 19 of 20 Revision Daze:May 7,2012 PUDZ-PL2010-592 Cultural Arts Village at Bayshore PUD Packet Page -1078- 1/12/2016 16.B.2. owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity shalt not be relieved of its responsibility under this Section.When the PUD are closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. ADDITIONAL CONDITIONS A. A temporary use permit must be obtained for festivals and outdoor musical events. B, Boardwalk lighting shall be low intensity, no higher than the railing and shall be directed to the walk. Page 20 of 20 Revision Date:May 7,2012 PUDZ-PL2010.592 Cultural Arts Village at Bayshore PUD Packet Page-1079- 1/12/2016 16.B.2. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the . Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012-21 which was adopted by the Board of County Commissioners on the 12th day of June, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of June, 2012. DWIGHT E. BROCK <Y i!� 9th q Clerk of Courts.BROCK,, Clerk Ex-officio to Setts • County Commiss 4n a4s�'''Y By: • •••-10170; Deputy Clerk. ' Packet Page -1080- 1/12/2016 16.B.2. FEMA FLOOD MAP VE +�, .,n p . x 6 11,.. - ±_ 4 t, MAP SCALE 0°=600 i 000 �'i5�' $ ,A 4-01'44 1 4 .1-,...=.........-. .-- �.�- FEET P * ., " r v w'' �.S.t Mamas • n� �j 'z mot� , p�� l : ' `Fh .M IP PANEL 054211 ni ' A 4 J ' . $ FIRM i�.-wY'q f rf CY 1, FLOOD INSURANCE RATE MAP• 5 V e ..4 , `Q I! GOLLIERC0U T', r x-�,aN 1 :A II: FLORIDA•' � � �A A(4� f� , e 11 .� ANUncoRroaareuAnras j r r ,� ;.. e i e 1 .t�y^' .tom r ,v '''.*14:'...;-::;: i?': '+j'�r :11°_. � ... ,Z i.. Fy�L.�v�mExOFron�FwNVAxa,r.um t .E r �' uyet� u:m sots L. az;;e �6'I o r�,s: r�J;ri ��' .�'r r x f�. p 1'04.1 ,y 1":. 4 ,, ', {� rBOTaN, L'"W',�`,Z-F `" ": az4 cyy 1 ne II �..., 4a7° tT' A oni' r, .,t t �,_ ,,'' lK" 4 r"r. ;I 1Q+ '•.;:....., MAP NUMBER . ' li'w krt: •nagg ,:4 1..,14...`'% ,* + �:'Z 1 tAp REVISED T4,', br i '''e#r�'``4 g� ad,' ' r ..., +. ',. w �; ' p 1 �� MAY2012 Lr.".'1. .r ta z h 0, t '� • : I, r 'y.- ., Q'. e.e�we+Mc�.nwN+.N+,.uFPrs�, ..,:,,,,4 k 1* c;`.^ "'.,• JA's,. a^+S: ..:',...16^16R: ai A:. m:^P,,,,�, ..,' `� >.. y 'ra:w"'K ` a4.Vf• ", w .ypr.Fw.n.F. wFwen.�t•vr n..w MS win.ye.•• Packet Page -1081- 1/12/2016 16.B.2. FLOOD ZONE DESCRIPTIONS LEGEND °l�' MAP SCALE 1"w 600' SPECIAL PI' HAZARD AREAS (A}U15) SUBJECT TO 0 500 1.000 IE INUNDATION BY THE 1% ANNUAL E FLOOD � r--I FEET nw 1%wmwt dunce flood�(I0Dryear hoed),also i mvm aS tie twee no0d,s.Me hood ti P--^ 141 1 METERS that has a 0%dunce of being agwted or eeeeded•In any gidt year.Tie Special 'n'n 7:SD Rood Retard Ares is the area auti)at to flooding by the 1%annual Ooa food.Areas or.SpeWl Flood Retard a%bWOe Zones A AEr AK.AO,AR,099.V and YE.The Base Rood Elaation Is the rater-wAace elevaAon of the.1%ritual dunce Ned. „r•, ,.a,"...Pee mom«.w.e...e 100.0,,,, ZONE A No Bale Rood Beratore determined. ® COASTAL.WPM.aes%uat Meet MS)AMC ZONE AE,AE Bale Flood*whom dehemind. oneerate aamecrco wtda Reap ZONE AKN1 flood 15NNS d 1 to 3 fat(usually meet of pig); Base Flood mat..winem moie.Manneen..wmorw..am M.wMr Denbo%dnetNned. Depths M 1 to 3 feel (=wily __........._.�__.... sari r•..•wwe da ZONE AO Rood yaLet lbw m mopYg aamaos +.....MeM+n awtage a depths determined- for neat d saewlol tan tW ein%velocities _ a..oesr MN aboliek erred ZONE AR '~•• —reaavr mew a.r PIM M.Me,a Mere: Ine Speclol Food Homed Area fonrierly protected tram -the 1%annual .- 01000.0 hood by a hood cadd system that was oWeequentIy - Pr*nom.who"`•Y°"aim. decertified. Zan AR Indicates that.the former flood cold% aymem h .—.Sr'......., rmr.ww,we«MnMM.e«• trap moored to aroma a0d0.m00 term the 1% annual chance er awn "..^°"^Mn'°"s greater Hood. • . w.+"wm.,w.raw sus ZONE Awl area to be protected hoer 1% annum 500000 /(000 by a Federal O ~® o..rr... Coed potectioe system under construction; no Base Flood Elevations determined. ZONE V Costal hood none with Knotty hazard(wale action); no Base Flood rry u ar F10—an n.e un..wr•a.a.a mom. Boratons determines. ...m....4 ,wage.v.rt.'*Mem eeaw fl Mnare I? ZONE YE Coapal fond none with vNttay heard (raw Amon'a Base Feed azaoe rr 11110.1M on ran em «, AO Mrsewwn &ebCts determined. aMSa.Mwnueww ne.rr>', 003510 s 1w. 4�Y.MN a tlMnfla FLOODWAY AREAS IN-ZONE AE uis .»ne OM The gomway Is the channel of a stream plus any adpam Boedplale areas Cat must be nwancerorra tent free d enc oddment so that she 1%annual chance hood can be carried without M."wM......MVmwMr. Substantial ntre0Se5 In hood heights. sardr.a GM Of raaMttwae 1.00114MAMIEMIt an t`:t 1 OTHER FLOOD AREAS anIrneaenma TO MUMS/ Mr M.nNn..mo•.mwrmoe.a.w•r vmoaaamr.10 WOW taw ZONES Areas of 02% armee chance hood; areas of 1%.annual chance food rw `«,s+e«,wwwwmrewenwww�meww..."rind" ww.w. ' wah average depNS ar less Man 1 toot or well drainage areas loss tan new°, esene'P'�'a•:i'M"`ar,cne Mi° ';a.Mna.«rMaw GM 1 square flaoc. ma= and areas protected Of loves horn 1%amend carte 1$4. ,urn Mem w.�MM,:Meer me ..err e.•,,;Lei t.name v w e.men.o...e.....w.. OTHER AREAS ,eewee•,imm men Omens near v..•wauwa ZONE X NM....Wein tae w•Mean der..Mn,.aa.maaM..Mr.a Areas detemened to be OutCde the 02%annual chance flmFptyn. ww.sen...waaarawae 11,11 m.awe an Mate mew„ ZONED Anus a,w10(01 real iletatC5 014 ratlQerAWrd,out on moo, ow Nw f.r•m.o........Is u....em and possible. moot.ew co Yea me et MMom*.Meet Name Me.MUM. _ pamaaaaaa..p•MMM ma FLW Flea•MMMar*.•••.wmobMaon Packet Page-1082- • 1/12/2016 16.B.2. TABLE OF PERMITTED USES g PERMITTED PRINCIPAL USES: ANY OTHER INTERMEDIATE COMMERCIAL USE WHICH IS COMPARABLE IN NATURE WITH THE FOREGOING UST OF X X X 76 PERMuTTED USES. B. Tracts A,C,0,E,F&G Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: C G G G G G TABLE OF PERMITTED USES (cant'd) PERMITTED ACCESSORY USES: OUTSIDE STORAGE OR DISPLAY OF MERCHANDISE WHEN SPECIFICALLY PERMITTED FOR A USE,OTHERWISE PROHIBITED, X X X X X X 1 SUBJECT TO SECTION 4.02.12. X X X X X X 2 PLAY AREAS AND PLAYGROUNDS C. Preserve Tract'B' Permitted Principal Uses: 1. Parks,passive recreational areas. 2. Native preserves and wildlife sanctuaries. Permitted Accessory Uses: 1. Biking,hiking,and nature trails,and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 2. Water management structures. D. Interim Uses for all Tracts(Excluding Tract"B"): 1. Community events such as,but not limited to,festivals. Page 5 of 20 Revision Date:May 7,2012 PUDZ-PL2010-592 Cultural Arts Village at Bayshore PUD Packet Page-1083- 1/12/2016 16.B.2. E. Proposed Mixed Use Planned Unit Development Uses: USE ACRES %of Site TRACT"A" RESIDENTIAL UNITS:40 COMMERCIAL:35,000 SF PERFORMING ARTS THEATRE:350 SEATS 7.72 43% CLASSROOMS/STUDIOS:925 SF ADMINISTRATIVE OFFICES:1,650 SF PARKING GARAGE:84,000 SF TRACT"Er 0.56 3% REQUIRED NATIVE VEGETATION PRESERVE TRACT"C" COMMERGAL/COMMUNITY BUILDING:11,000 1.18 7% SF TRACT"D" COMMUNITY PAVILION,RECREATION, 0.87 5% COMMUNITY OR PUBLIC USE,PEDESTRIAN ACCESSWAYS/BOARDWALK TRACT"E" RECREATION,COMMUNITY OR PUBLIC USE, 1.68 9% PEDESTRIAN ACCESSWAYS/BOARDWALK TRACT"F" RECREATION,COMMUNITY OR PUBLIC USE, 2.82 16% OPEN SPACE TRACT"G" RECREATION,COMMUNITY OR PUBLIC USE, 3.06 17% OPEN SPACE TOTAL 17.89 100% Page 6 of 20 Revision Date:May 7,2012 PUDZ-PL2010-592 Cultural Arts Village at Bayshore PUD Packet Page-1084- 1/12/2016 16.B.2. EXHIBIT B FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD DEVELOPMENT STANDARDS Table 1 below sets forth the development standards for land uses within the Mixed Use PUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Collier County Land Development Code(LOC)in effect as of the date of approval of the Site Development Plan or Subdivision plat. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development Standards. TABLE 1 MPUD DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM YARDS(external) From Bayshore Drive 10 feet SPS From North Property Line 15 feet SPS From South Property Line 15 feet SPS From East Property Line Tract 15 feet SPS «C. MINIMUM YARDS(internal) SPS Internal Drives/ROW/Property 5 feet SPS lines Internal Lake(1) 20 feet/0 feet when utilizing a bulkhead(see 0 feet(see deviation 4) deviation 4) Rear 20 feet 10 feet Side 5 feet SPS MINIMUM DISTANCE 1-story to 1-story:12' SPS BETWEEN STRUCTURES 1-story to 2-story:13.5' 2-story to 2-story:15' 2-story to 3-story:17.5' 3-story to 3-story:20' 3-story to 4-story:20' 4-story to 4-story:20' PrincipalAccessory setbacks 25' 10' to preserve Tract`B" Page 7 of 20 Revision Date:May 7.2012 PUDZ-PL20 I 0492 Cultural Arts Village at Baysbore PUD Packet Page -1085- 1/12/2016 16.B.2. (1) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 10 feet to 0 feet subject to the requirements of Section 4.02.05 of the LDC. Note: 'SPS'refers to'same as principal'structure. Building Standards Building Design 1. Building facades facing the intersecting east-west streets with Bayshore Drive shag have the same architectural design treatment as the building facade facing Bayshore Drive. 2. Buildings containing commercial and residential uses are required to have a minimum depth of 35 feet, The remaining depth of the lot may be used for parking, Maximum square footage A building with commercial use only is limited to a maximum gross building foot print of 20,000 square feet. Minimum floor area 700 square foot gross floor area for each unit,residential or commercial Maximum Height Commercial Use Only:Maximum Height of Buildings Zoned;42.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Actual: 56.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Residential Use Only,Maximum Height of Buildings zoned: 42.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Actual: 58.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Mixed Use:Residential on top of Commercial Uses Zoned: 56.0 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial uses.(consistent with current Land Development Code) Actual: 72.0 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial uses.(consistent with current Land Development Code) Ceiling Height:The first floor commercial ceiling shall be no less than 12 feet in height from the finished floor to the finished ceiling and no more than 18 feet in height from the finished floor to the finished ceiling,with the exception of a theater use(see Deviation 6) Maximum Residential Density:40 dwelling units Page 8 of 20 Revision Date:May 7,2012 PUDZ-PL201O.592 • Cultural An Village at Bayshore PUD Packet Page-1086- 1/12/2016 16.B.2. GENERAL: Remaining Design Standards shall be in accordance with the Design Standards for Development in the•Bayshore MPUD Neighborhood Commercial Subdistrict, LDC Section 4.02.16.B,C,0,E,F,G,H and It with the exception of requested deviations. Cross-access easements or shared parking commitments shall be required if separately owned tracts are established,so that all parking facilities serve as common facilities to both commercial and residential development. Project phasing—It is understood that the development is likely to be realized over a number of phases,the first of which will be determined at the time of Site Development Plan submission. ■ • Page 9 of 20 Revision Date;May 7,2012 PUDZ-PL2010.392 Cultural Arts Village at Bayshore PUD I i Packet Page-1087- 1/12/2016 16.B.2. z gr $ r t t ! k F $ — r u, 1-t y g ty r.:: * Y k Y 1 Y r: r1 $ e ; 4 4 R ! g L Y 1 r 3.t y �ag 3 6 U -f Y i a s 6 I. 4 • el 1 i s t; i t m i! 1. X"` it e i i; f s.0 /lid . g au . 5 f ,14 a Ya l p `l h i l m `iii P t I I II klif kokk iffi iei i g ill"i y! l; B till f1 f e AP ,k *4 97" 7-7-77.- g 'p i ¢ EP ` • . q i )� I :f i ti i8 i 1 P Fill ll ;Y. Y A i s fJ ag 1: �i. �CCJi <Ili •.�� ,0d r tX Cyl , o e I v. !: : pia :tB1. h, • i'll:;10;41q!).Pir X ` lb . r iii ,- d ., ; ,11.--4;;;;L:. g ig; ,` •}b 7y,1i aE6.. •; 1/12/2016 16.B.2. 0 — , 117 15 ev 1 1 —1 1 '8 5 vi a A " ' 0.101.14 0 I I 4.• 4. NO lOwal5 5.07100 tr ^is V .7" I; ,' 1 il t :11E 3 enfv0.0 0101 1 i I 1 1 41 I 1.! I: 1, - A 4 ik -... ,„,Arti3O 1.7i 1 ;I O*117. 1; brt I.— ; :,:, • ; A 01 k_ oga2 t. -.. Akehl4 \ 1 i s„it'irxs \ — tiq 1 0...(40 . ri. ' - ■,../ 1 .......g:I VI A ai *z• 7 gseqcjit ii:x :; ea itt.T:g.,3; A C 1 P;rgiqa 1 1;14tg !I a al 141 1g ...X b.. .s 3 ... . Agl-gi ell ,0§ „, 44g5 tA-4t s. .. ,, '''Ii*; tw 7ur'''i 10i 41:1■% ;,1i1,1'11; 111,, ..7,1" ytoetk. ,... WO 1.4.,,i,-,'.1. ' , • ,- '='• it',.Ytna 5•'..t.t;,i-; . ''' ,i? 6,t6-,5 ; 1st_ 77, -, 1Yk-A=54.7..t - IY6t.;i4; 8;:''. l- ; $ P -,--='-.1-.-.- -.ittLX1i.1 Wf4ir. 5oq..t.4 2 'il.,1-:7"144'..; 2 a il vy ;*:"eg r,1(12411 1 gPignC --- f'-rige. .,,5• kL.1; ,'4,5.mz8=V! ' '174,-';f1,"; 7.- • 5 •,,,_-;;...t ,..0-, .... is/^\ i7!inlgs6 rIg';', 4ifiZ s '1 -.,,-.15,fr4 1 PAsaig Ir.,ii woz5,4i lif.:44 12;WL6 g!,.4.11,11 1 1 ImAgli zn . . larrtikm Data May 7,2012 Page Li of 20 Cultural Arta Map at 9ayahars PUC PUDZ4,12010 592 C , ■ ' 1 Packet Page-1089- 1/12/2016 16.B.2. ii ro * i 0 I)r 50 — 1 !OHM Ini 11 ri; Mai 4 ' ;1 f i lie 0g if' ° ' a ir4 '3'4,x4 .7 : x - !t s ti,t.1 I 1,1 1 ,1.- i IP ' I fp I 04f £bfris g oaa • uni iT i v S m� rRr^ 1__ w., di! s u r 1 ;3.4 v -ii i,.�,-4..,-,4 i s i : . ! it VI 5! SY ...4—'r--5a + , } Z� ,x V 'nc iigz p !' :a au-r $ °5i fi r t g v`u ( . y. Y wul�/cub asvti IOW egvg rr 5ti �2P t 7.y 1 m fr`Srrz v-� Ye - T krsF°< X x n' o t s.:. 1 -y4 q p.�.ti `1Y c,� l! .:3!_ ,I33 -- -, y i—gf:• gill ''�' w `` .1 i. .1ZrmX 1 1 yu-- 4 �j M7 F �xshe w g 0 ' S.,K. � Y # 3t' 1 } � vd y� Revision Darr.May 7.2012 Page 1.2 of 20 cows'Ms wage star/shwa PUD:PUDZ.PU016.982 1 I GI 1 i Packet Page-1090- - ' i 1 1/12/2016 16.B.2. 0 - U)- ; , 0 ‘1;.. o„...... Attk i !.... P i iiir! c3 1 a • ' E 1 li .11, E ; /11411 9i '••& Q vird ViaPas .• I I 1 , 1 1 • I I P. .--6 I •I 4 e 1,1i t i— -- 1 Pilii i 1 I i - g V)1, ' ■ P... 5—,—.... : 1.-.....„/ 1 , Z , 4 *I I I: ilt RI; N4 •...,..,t, ill .., - t \ ••..f.,v 1, Y - •.i .. \ '' ‘,.". • 11 -9 : 12 r)*-- • 147-. • . • ;I( ,L, ,..,;:z P.: . ;_ :. - # -• v.'s I ' = • 1 red 1#1 '\•. ,, \ 1 r I - , e..:.. s. 11 r';'-'11..\\\.•.7,:' 1 i ' __ •., ', - f 1.1 r-'=--7----___ ,,,,k, \ g 1 p'i. d '-i'i 1,1 A- ‘, 1 =.5 - g=a I:: • • ,, -1:n • ' ' ■fi i , , --A,36,:ir ,* ■- . ,; (.. 'S : ‘4,1.1:ti,,,: j •- -171----2: .4 -.--P .,— - - - '^,- . J . ... 4 > < , cam - r, error zrar 4 SAM manure ... \ ,, "--... ; If 2 e.. 1 ( N 71 r .-. . If .... a , , ,.7,o li --- E at...-3 N ' g .'i 1110 i..,.. Revision Date May 7.2012 Page J.3 of 20 culturst Arts vtitage el Heysham PUB:PUD2-Rt.2010-592 . { Packet Page -1091- 1/12/2016 16.B.2. +) . to ,1•• e 4K t- e ygg t P2r.,r 1. K r.. !: 1/12/2016 16.B.2. EXHIBIT C (ADDITIONAL NOTES) CULTURAL ARTS VILLAGE AT BAYSHORE MPUD MASTER PLAN A. Exhibit"C,"MPUD Master Plan,illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions and applicable sections of the LDC and the Growth Management Plan (GMP), in effect at that time, amendments may be made from time to time. • B. At necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. Page 15o120 Revision Date:May 7,2012 PUDZ-PL2010-592 Cultural Arts Village u Bayshore PUD Packet Page-1093- 1/12/2016 16.B.2. MARKET AREA MAP "411) W sew �r L. h 1f � . ,, ;tip 4 ,044,4.. /4,, '',..-,7*--. , � � 0 ter' y t e a snow. 11 Lr` 6. . €7,..- '' "7,a..3,.. o-1,--;. k —.." E t $ { i t.. rP `" � .[ _w; fi c r „yF R } �. LI *.- '" t-x" sa'�,..'9 t'"'i'^'!^'�T?s}_fir"Ifr { , '- , X Y'' t ' .y j y '1,,:"-t M, lI AS ,� 4.4}i - � '' 1 Y i'a9 ` .. 'L✓� ! � I 7 ; 8t Y S ., Y Y1 d9 t t.F. ;(a d s -.'"0$i s t t , -r .,,,,„,iJ. ,... `sR",� t "nsa w f s(� $d r —,=,..,,,, }, `> t-1 t r� ' I- t(,- ,3--- *'-`0#(':-. If';'''t-\,,,',,:f 7.,,,,,,,z„ ..,,,.., „,,,,.yy ,;{i .-rte, ^, ,}a-rte ; -, 1 c'- i isl 1 „or k .!,,,,,,16,, - .. i...0.‘,....---k 1 E. t \ f,r-'' 0 1 y \V - ,": I iti, 4. ,4 ,; :r, s • Packet Page-1094- • 1/12/2016 16.B.2. The Scope of the Appraisal The scope of the appraisal is to'describe the extent of the process of collecting, confirming and reporting data" for the appraisal report. In this regard. the subject property was physically inspected and the photographs were taken. Current market sales activity is analyzed, Unless necessitated by market conditions,sales transactions ranging from one to six months(six to twenty-four months when the quantity and quality of the data is limited),located within one mile of the subject property(one to twenty miles when the quantity and quality of the data is limited) and considered the most similar comparables available are compiled from and confirmed with the local multiple listing service the county property appraisers office,the Marshall&Swift cost guides and/or local building contractors, and/or the buyer(s)and/or seller(s)of properties. After assembling and analyzing the data defined in this scope of the appraisal,a final estimate of market value is made by reconciling the applicable approaches(cost,income and/or market)to value. The Purpose, Function, Intended Use and Intended User(s) of the Appraisal The purpose of this appraisal is to estimate the market value of the subject property as defined within this report. The function of this appraisal is to assist the client in the acquisition of residential real estate for future community development projects, The intended use of this appraisal is to assist the client in the acquisition of residential real estate for future community development projects. The intended users)of this appraisal Is the Collier County Board of County Commissioners and its assigns. Any other use(s)or user(s)is prohibited. Highest and Best Use As defined in The Dictionary of Real Estate Appraisal",highest and best use is: 1. The reasonable and probable use that supports the highest present value of vacant land or improved property, as defined, as of the date of the appraisal. 2. The reasonable probable and legal use of land or sites as though vacant, found to be physically possible, appropriately supported, financially feasible, and that results in the highest present land value. 3. The most profitable use. • 'Implied in these definitions is that the determination of highest and best use takes into account the contribution of a specific'use to the community and community development goals as well as the benefits of Mat use to individual property owners. Hence, in certain situations the highest and best use of land may be for parks. • greenbelts,preservation.conservation, wildlife habitats and the like." An analysis of the highest and beat use of a property Is the most important part of the appraisal process because it is in terms of highest and best use that market value is estimated. The study and selection of highest and best use iR based on available data about what uses are legal,possible.appropriate and feasible for the site both as vacant and as improved. • • Packet Page-1095- 1/12/2016 16.B.2. Client 1 Client File#: Subject Property: 1 Appraisal File#: STATEMENT OF ASSUMP IONS AND LIMITING CONDITIONS This appraisal is subject to the following assumptions and limiting conditions: • This report is prepared using forms developed and copyrighted by the Appraisal Institute. However,the content,analyses, and opinions set forth in this report are the sole product of the appraiser.The Appraisal Institute is not liable for any of the content, analyses, or opinions set forth herein. • No responsibility is assumed for matters legal in character or nature. No opinion is rendered as to title,which is assumed to be good and marketable, All existing liens, encumbrances,and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and clear, having responsible ownership and competent management • i have examined the property described herein exclusively for the purposes of identification and description of the real property.The objective of our data collection is to develop an opinion of the highest and best use of the subject property and make meaningful comparisons in the valuation of the property.The appraiser's observations and reporting of the subject improvements are for the appraisal process and valuation purposes only and should not be considered as a warranty of any component of the property.This appraisal assumes(unless otherwise specifically stated)that the subject is structurally sound and all components are in working condition. • I will not be required to give testimony or appear in court because of having made an appraisal of the property in question,unless specific arrangements to do so have been made in advance, or as otherwise required by law. • I have noted in this appraisal report any significant adverse conditions(such as needed repairs,depreciation,the presence of hazardous wastes,toxic substances, etc.)discovered during the data collection process in performing the appraisal. Unless otherwise stated in this appraisal report, I have no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property(such as,but not limited to,needed repairs, deterioration,the presence of hazardous wastes,toxic substances,adverse environmental conditions, etc.) that would make the property less valuable, and have assumed that there are no such conditions and make no guarantees or warranties, express or implied. I will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist Because i am not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. I obtained the information,estimates,and opinions furnished by other parties and expressed in this appraisal report from reliable public and/or private sources that I believe to be true and correct. • I will not disclose the contents of this appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and/or applicable federal,state or local laws. • The Client is the party or parties who engage an appraiser(by employment contract)in a specific assignment.A party receiving a copy of this report from the client does not,as a consequence, become a party to the appraiser-client relationship. Any person who receives a copy of this appraisal report as a consequence of disclosure requirements that apply to an appraiser's client, does not become an intended user of this report unless the client specifically identified them at the time of the assignment The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public through advertising,public relations, news,sales, or other media. • If this valuation conclusion is subject to satisfactory completion,repairs, or alterations,it is assumed that the improvements will be completed competently and without significant deviation. VALUE DEFINITION EeMarket Value Definition(below)' • 0 Alternate Value Definition(attached) MARKET VALUE is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the.consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the puce represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: The Dictionary of Real Estate Appraisal, 5th ed,,Appraisal institute Packet Page -1096- 1/12/2016 16.B.2. I Client � Client File r Subject Property I Appraisal File#: J APPRAISER'S CERTIFICATION- !certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analysis, opinions,and conclusions are limited only by the report assumptions and limiting conditions,and are my personal, unbiased professional analysis, opinions, and conclusions. • I have no present(unless specified below)or prospective interest in the property that is the subject of this report,and I have no(unless specified below) personal interest with respect to the parties involved. • I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is 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. • My analysis, opinions, and conclusions were developed,and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • Individuals who have provided significant real property appraisal assistance are named below.The specific tasks performed by those named are outlined in the Scope of Work section of this report. teNone ❑ Name(s) As previously identified in the Scope of Work section of this report,the signer(s)of this report certify to the inspection of the property that is the subject of this report as follows: Property Inspected by Appraiser ®`Yes ❑ No Property Inspected by Co-Appraiser ❑Yes ❑ No • Services provided, 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: ❑ None ❑ Specify services provided: APPRAISERS:SIGNATURES APPRAISER: CO-APPRAISER Signature Signature Name Name Report Date Report Date Trainee ❑ Licensed❑ Certified Residential ❑ Certified General ❑ Trainee ❑ Licensed❑ Certified Residential ❑ Certified General❑ License # State License State Expiration Date Expiration Date Packet Page -1097- 1/12/2016 16.B.2. ZONING LOCATION MAP 17.79 ACRES . SUBJECT PROPERTY vs 444-0 owl 'Tr ..,._ El „mix. s .. ___ a ti , r ti AWIll % Y��' •v :sr7' . A . . , Ill Air r ,�i zr° . . ii 4140%. "` u " .----"" - i qr-so " .. MY171101t IWWWFAC WPM 1A� PmU�D.e. riN Mti• ugr�^ I• •.a1�� •� � .. " •1 Q Q aI . INlul -i_i Pr It i r " - pLWC0L qIq �y. IIi� L'S FfIYfl�l3a8kt #4C' 1311\-:_t( we C � �\ .c.M.:.n COMB a MONO*40021 . • • RPUD-BMUD-R2 i .• RPUD-BMYYTX.k+} IIll•ille, ,,:; - Gild*WM 2 IL _I L J Packet Page-1098-