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Agenda 03/19/2003 CRA COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AGENDA March 19, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. ADOPTION OF AGENDA 3. BRIEF ADDRESS (5 MINUTES EACH) FROM EACH ADVISORY BOARD CHAIRMAN - BILL NEAL, BAYSHOREIGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD AND FRED N. THOMAS, JR., IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. 4. GENERAL ITEMS FOR CONSIDERATION A. RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY HOLD ANNUAL OFFICER ELECTIONS AND ELECT A NEW CHAIRMAN AND VICE CHAIRMAN. 1 BAYSHORE/GATEWAY TRIANGLE COMPONENT REDEVELOPMENT AREA ITEMS A. STAFF UPDATES AND REPORT B. RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD REVIEW THE PROPOSAL RECEIVED FOR THE GATEWAY "MINI-TRIANGLE" CATALYST REDEVELOPMENT PROJECT AND RENDER A DECISION REGARDING THE PROPOSAL 6. IMMOKALEE COMPONENT REDEVELOPMENT AREA ITEMS STAFF UPDATES AND REPORT RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE ALLOCATION OF $200,000 FROM FUND 186 TOWARDS UTILITY AND ROAD PROJECTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW A PROPOSAL TO FUND UP TO $49,000 FROM REDEVELOPMENT FUND 186 TOWARDS AN ECONOMIC INCENTIVE STUDY FOR THE IMMOKALEE AREA RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AN ADDITIONAL $5,000 OF FUND t86 AS SEED MONEY TOWARDS THE SURVEYING, DESIGN AND CONSTRUCTION OF $'rH STREET DRAINAGE IMPROVEMENTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. 7. ADJOURN INQUIRIES CONCERNING CHANGES TO THE CRA'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 lYl:z rr_h lq COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM March 19, 2003 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY HOLD ANNUAL OFFICER ELECTIONS AND ELECT A NEW CHAIRMAN AND VICE CHAIRMAN. OBJECTIVE: To have the Community Redevelopment Agency hold its annual elections to select a new chairman and vice chairman. CONSIDERATIONS: In accordance with Section 163.357(1), Florida Statutes, the Board of County Commissioners declared itself to be the CRA, a separate legal entity, in March 2000. Officers are elected by CRA Board membership. On April 30, 2002, Commissioner Fiala was elected to serve as Chairman and Commissioner Coyle was elected to serve as Vice Chairman of the CRA. NOTE: The CRA is a "separate legal entity". Commissioners do not represent commission districts for CRA purposes, rather they represent both redevelopment component areas: Bayshore/Gateway Triangle and Immokalee. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING SERVICES RECOMMENDATION: That the Community Redevelopment Agency hold its annual elections to select a new chairman and vice chairman. PREPARED BY: PRINCIPAL PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION COMMUNITY PLANNING & REDEVELOPMENT MANAGEI::i APPROVED BY: D. jOMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES D/~'T E ' -:2- COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM March 19, 2003 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD REVIEW THE PROPOSAL RECEIVED FOR THE GATEWAY "MINI-TRIANGLE" CATALYST REDEVELOPMENT PROJECT AND RENDER A DECISION REGARDING THE PROPOSAL OBJECTIVES: To have the Community Redevelopment Agency (CRA) Board receive a brief presentation of the Bella Villaggio proposal by Daniel R. Pioli of FP Real Estate Investment LC, consider the Advisory Board's recommendation, review Staff's suggested options, and render a decision in consideration of this information. BACKGROUND: On June 13, 2000, the Board of County Commissioners adopted Resolution 2000-181 adopting the Community Redevelopment Plan. Two citizen advisory boards have been established for each Redevelopment area to advise the CRA on implementation of the Redevelopment Plan. The "Mini-Triangle" Redevelopment Project is identified as a "Catalyst" in the adopted Redevelopment Plan. The Redevelopment Plan recommends that the CRA commence redevelopment efforts with Catalyst Projects. Particular focus was given to a Catalyst Project in the western apex of the Gateway Triangle; bordered by US 41 East, Davis Boulevard and Commercial Drive (See attached Figure). This site is commonly referred to as the "Mini- Triangle". A marketing study conducted in support of the Redevelopment Plan found sufficient demand to support a Hotel and Restaurants on-site. The site was recognized as an opportunity to provide a significant entry statement for the Redevelopment Area as a whole. This represents the second time proposals have been solicited for this project. Previously, a notice inviting proposals to redevelop the area was issued with a due date of November 22, 2000. This earlier request for proposals resulted in only a single proposal, submitted by FP Real Estate Investment LC. On February 27, 2001, the CRA Board rejected this proposal and expressed an interest in allowing market forces and individual property owners to spearhead redevelopment in the Mini-Triangle. After rejecting the first proposal, an extended period of time elapsed where little or no activity occurred within the area despite numerous outreach efforts. In consideration of this inactivity, the Bayshore/Gateway Triangle Advisory Board decided to provide a recommendation to the CRA Board to readdress the Mini-Triangle. On Apdl 30, 2002, the CRA Board accepted an Advisory Board recommendation to advertise an "Intent" to Invite Redevelopment Proposals. This provided for a 90-day research window pdor to issuance of a formal RFP. This advertised intent was followed by a formal 30-day RFP with a due date of September 26, 2002. This RFP resulted in the submission of one proposal by Daniel R. Pioli representing FP Real Estate Investments LC. This is the proposal under consideration today. This second RFP differed in at least three important ways from the first RFP: · The RFP was preceded by a 90-day research period, · Great effort was made to install flexibility in what kind of project could be submitted, and · Particular attention was given to having property owners participate and submit a proposal. It was agreed that a proposal could, in fact, be in the form of a zoning oveday or other property owner initiated product. In short, the primary goal of this second recent RFP was to enlist the assistance of the market and property owners to help determine a course of action. CONSIDERATIONS: As submitted, the Bella Villaggio proposal calls for a mix of uses. The proposed uses are Residential, Retail, Hotel and Office. Unlike the first proposal, the proposed densities do not appear to exceed Development of Regional Impact (DRI) thresholds. Nevertheless, the proposal calls for the unified redevelopment of the entire site and would require assembly of all properties. The proposal calls for substantial County and CRA contributions. These include impact fee deferrals, waiver of miscellaneous project fees, transportation and stormwater infrastructure improvements, and the advance of $3,000,000 from the Bayshore/Gateway Triangle Tax Increment Fund. The particulars for each contribution would need to be negotiated and detailed in a subsequent development agreement. It should be noted that FP Real Estate Investments LC does not own property within the project area. Moreover, FP Real Estate Investments LC does not have a contract for sale and purchase for all property within the project area. In order to accept a proposal, the CRA Board shall deem it to be in the public interest and the proposal should be in compliance with Community Redevelopment Plan. Staff believes that CRA pursuit of a unified redevelopment plan for the Mini-Triangle may require the CRA to exercise its powers "to approve the acquisition, demolition, removal or disposal of property and the power to assume the responsibility to bear loss as provided in Section 163.370, Florida Statutes (Section 1.5 of the Adopted Redevelopment Plan)". FISCAL IMPACT: Should the redevelopment proposal be accepted, substantial costs would arise in line with the petitioner's preliminary Schedule of County Contributions (See Attached). CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The Mini-Triangle is identified as a Phase I Catalyst Project in the Adopted Redevelopment Plan and is consistent with the Plan. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore/Gateway Triangle. Redeveloping the Mini-Triangle project site is consistent with the intent of the Bayshore/Gateway Triangle Redevelopment Overlay of the Growth Management Plan. Albeit consistent with the Overlay's intent, some modification to the Growth Management Plan may be necessary. OPTIONS: Although hybdd options can be tailored to address this complex project, two base options are available to the CRA: Accept the submitted proposal. This option would direct staff to begin constructing a development agreement to address the many details associated with this redevelopment project. This option commits the CRA to the proposal and essentially awards development dghts to the petitioner. A substantial amount of County Staff time and legal resources would be -2- required to craft this agreement. The development agreement would require subsequent review and approval by the CRA Board. (Recommended Option by the CRA Advisory Board). Reject the submitted proposal. A number of sub-options can be formulated, including: a. Direct Staff to abandon any special redevelopment efforts for Mini-Triangle Property b. Direct Staff to identify the Mini-Triangle as an area of special consideration when developing a master-zoning overlay plan for the redevelopment area. c. Any other option(s) the CRA Board may deem consistent with the adopted Redevelopment Plan. However, the CRA Board can choose to take no action at this time or consider some variant of the above two options. In might be prudent to direct the Petitioner to obtain a property interest prior to committing to any development agreement. In pursuit of Option No. 1, and any variants thereof, the Community Redevelopment Agency must be prepared to utilize all powers and authorities it is granted under Florida Statutes, Chapter 163 Part III, and the adopted redevelopment plan. ADVISORY BOARD RECOMMENDATION: The CRA Advisory Board has reviewed the subject proposal and recommends the CRA support the proposal. More specifically, the Advisory Board recommends the CRA negotiate and enter into a development agreement with the petitioner consistent with the advertised invitation for proposals (see attached). PLANNING SERVICES RECOMMENDATION: Planning Services offers two recommendations based around either accepting (Option No. 1) or rejecting (Option No.2) the subject proposal: Planning Services Recommendation No. 1 Should the proposal be accepted (Option 1), Planning Services recommends that the CRA negotiate and enter into a pre-development agreement (PDA) after the Petitioner obtains a property interest. This beginning agreement would address several factors that need greater exploration at this early stage. A number of unknowns remain that would affect any Mini- Triangle Property redevelopment. The goal of the PDA is to examine these preliminary unknowns. This will allow the County to better gauge the potential success of this proposal and request changes accordingly. Chief among these unknown factors is the need to conduct a market study to assess whether sufficient demand exists for the proposed mix of uses. Other factors should be addressed in the PD^ including environmental remediation needs, stormwater management, and transportation issues. The PDA would come before entering into a formal developer agreement. The costs associated with conducting these preliminary studies should be borne by the Petitioner. Planning Services Recommendation No. 2 Should the proposal be rejected (Option 2), Planning Services recommends that the CRA pursue Sub-Option 2.b. This involves lumping the Mini-Triangle Property into the Master Zoning Overlay Plan. The CRA Board approved the development of a Master Zoning Overlay Plan on September 30, 2002. Planning consultant proposals for the Overlay are currently under review by Advisory Board members and Staff. Planning Services recommends that the Mini-Triangle be identified as a sub-district in the plan for purposes of developing zoning standards and incentives designed to encourage redevelopment of Mini-Triangle parcels. -3- PREPARED BY: TOM I~)ME~_IN D PRINCIPAL PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE .G~MMUNITY PLANNING & REDEVELOPMENT MANAGER MARGAREir]' WUERSTLE DAvTE PLANNING' SERVICES DEPARTMENT DIRECTOR APPROVED BY: -4- BA YSHORE / GA TEWA Y TRIAIII6/E REDEVE/.OPMEIVT AREA MI/III TRIAIV6/.E PROJECT SITE I ILEVARD PREPAREO BY: GRAPHICS ANO TECHNICAL SUPPGRT S~CTION COMMUNITY 0E'~LOPMENT AND EN~RONMENTAL SER~ICE:$ 01~I~ON DALE: 10-2000 FILE: DEB-BAYGATE2.OW~ PROJECT SITE INVITATION TO SUBMIT PROPOSALS FOR THE REDEVELOPMENT AND DISPOSITION OF REAL PROPERTY (Mini Triangle Project) The Community Redevelopment Agency of Collier County, Florida (the "CRA") does hereby invite proposals from private redevelopers, affected property owners or any other persons interested in undertaking to redevelop or rehabilitate pursuant to the community redevelopment plan that includes the Bayshore/Gateway Triangle community redevelopment area in the unincorporated area of Collier County, Florida, consisting of the following property as shown on the accompanying map. This request for proposals (the "RFP") is issued pursuant to section 163.380, Florida Statutes. The area depicted being referred to herein as the "Project Site." Proposals by those interested in such undertaking shall be filed within thirty (30) days from the date of this publication. Hence, proposals should be filed at the CRA office no later than September 26, 2002. Additional information and an information package can be obtained from the CRA office located at: Collier County Community Redevelopment Agency Comprehensive Planning Section Planning Services Department Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 Attention: Thomas Tomerlin (239) 403-2300 - phone CRA@collierqov. net- e-mail Proposals must further the purposes of the community redevelopment plan for the community redevelopment area in which the Project Site is located. Copies of the plan and supportive materials may be purchased from or reviewed at the office of the CRA. Proposals must propose a unified mixed-use project which utilizes the entire Project Site or portions thereof. The Project Site is currently zoned C-4 (General Commercial) and C-5 (Heavy Commercial) and is within the Bayshore/Gateway Triangle Redevelopment Overlay described in the Future Land Use Element of the County's Growth Management Plan. Proposals must include any appropriate zoning changes needed consistent with the proposal, such as Planned Unit Development (PUD) and/or Zoning Overlay(s) as well as any necessary amendments to the Bayshore/Gateway Triangle Redevelopment Overlay. The Project Site is well situated to provide a significant entry statement for the redevelopment area. GATEWAY ~tlAIV¢~l~ I~r. flEVEZflPMEI~' 4PEA MINI 1191&f~l~E PROJECT SITE PROJECT SiTE The CRA may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of the Community Redevelopment Act and the community redevelopment plan. If necessary, the CRA may exercise the powers conferred by statute to take action within the Project Site. Parties representing the selected proposal(s) will be required to enter into a development agreement with the CRA providing, among other things, for the conveyance of the property not owned by the developer on which the development will take place, the mix of different uses in the Project Site, development standards for design and quality, use of streets, alleys and public rights-of-way in the Project Site, the schedule for commencement and completion of the project and payment by the selected developer of costs incurred by the CRA in connection with the project, and provide evidence of a financing plan. Prior to initiation of negotiation of the development agreement, the selected developer will be required to pay to the CRA a negotiation fee in the amount of Five Thousand Dollars ($5,000). COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA www.collie rgov.net/planninq/cra/crahomepage.htm A "Beautiful Village" in a beautiful city! Daniel R. Pioli FP Real Estate Investments LC %0 Letter of Introduction Proposal to Redevelop the Mini Triangle 3 Design Philosophy Macro Development Figures 5 Preliminary Site Plan and Elevation ' ~-Real Estate Investments, L.C. Dan/eI R. PioIi Managing Member September 26, 2002 Mr. Thomas Tomerlin, Principal Planner Community Development & Environmental Services Collier County Government 2800 North Horseshoe Drive Naples, FL 24104 Re: Proposal to Redevelop the Mini Triangle Dear Mr. Tomerlin, I am please to submit the enclosed proposal to redevelop the lVfmi Triangle in Naples, Florida. Every effort has been made to address the relevam issues as thoroughly, yet concisely, as possible. I encourage you to schedule a meeting between us and any other staff members you deem necessary so that we may take the time to review the proposal prior to taking it to the Advisory Board. I think this time would be well spent to assure all parties that we are on the same page with regard to the critical issues addressed herein. This proposal is intended to be a broad perspective of the issues, design standards and use of the site area. I remain flexible on and open to discussion on any and all matters discussed within the proposal. The objective is to create a catalyst for further redevelopment within the Bayshore/Crateway Triangle area. So long as we have a project that makes sense to all parties, the long-term goal is the most important. I welcome and look forward to proactively moving forward on the Mini Triangle with staff~ the county and the community. Sine,ely, FP Real Estate Investments, LC Daniel K Pioli Managing Member 2828 Tamiami Trail North · Naples, Florida 34103 · Telephone 941-261-0602 · Fax 941-261-8462 12- ?rajvosa£ta eaCeye oav t/ie Mini riangk 5Va/ks, f fari& Introduction The content of this proposal is intended to provide a broad, yet reasonably detailed, overview of this developers' plan for the redevelopment of the project area known as the Mini Triangle in Naples, Florida. Every effort has and will be made to undertake this redevelopment in a manner fully consistent with the Bayshore/Gateway Triangle Redevelopment Overlay as adopted by your governing authority. Clearly, the project site is well situated to have a substantial, credible catalyst impact on the entire redevelopment area. The proposed project will undergo an architectural and structural design process that will facilitate this objective and integrate the project comfortably and successfully into the community. Project Description The proposed project is the result of a multi-year planning process that has involved the input of county stafF, land planners, architects, engineers and this developer. The site plan has evolved to the present design as a result of input from all of these parties and many members of the community. The present design incorporates development strategies and concepts that will bring a true urban style of redevelopment to the Naples community. Many of these strategies and concepts are not only a product of site constraints, but also are proven techniques utilized in other mixed-use projects throughout Florida. There are three critical elements to the design criteria. First, it was considered paramount that the retail component be designed so that pedestrian traffic was encouraged to flow throughout the entire project area. In that the retail facilities will encompass two-to-three floors, there are numerous challenges that have to be addressed. The use of an expansive open area in the center of the retail component that promotes visibility throughout the interior area allows complete visibility to the wide array of shops and restaurants throughout the structure. Grand stairways will rise up from the core area to the upper levels in a gradual slope to promote comfortable movement from one level to the other. Secondly, all parking had to be self-contained within the structures. The project would not include any parking garages or decks. Third and finally, the architectural design had to be one that maximized development in an urban environment with the utmost character and distinction. The project is designed to include a mix of uses including retail, residential, hotel and a limited supply of office space. The retail facilities will be the foe.al point of the project. FP Real Estate Investments LC ?raf osa£ta YeeaFeye oj Mini riangk The site has been configured so that most of the buildings will benefit fi.om a centralized view. The residents and occupants will have the benefit of accessing the retail complex directly from their buildings. All of the buildings will have a consistent architectural theme. The appearance of the buildings will be of the truest sense of class and character that Naples is known for. Preliminary estimates allocate the following density within the project: Residential Retail Hotel Office 168 units 175,000 - 200,000 square feet 200 rooms 25,000 square feet (may be excluded) Key Redevelopment Issues Certain impediments to redevelopment haVe been identified and will require, from this developers' point of view, solutions that will alleviate or remove these impediments. These impediments include, but are not limited to, the signalization of the Brookside/Davis/Commercial intersection, alleviation of storm water management problems and remediation of soil and groundwater contamination. Specific solutions to these impediments would be negotiated as part of the developer agreement if this firm is awarded the development rights for this project. Additionally, the Community Redevelopment Agency (CRA) will need to provide either through its own authority or through the Collier County Board of County Commissioners (BCC) possible zoning enhancements to facilitate the relocation of any existing businesses with the project area should it be necessary. It will also be necessary for the CRA or BCC to create a fast- track review process designed to exclusively handle all matters pertaining to the review and approval of the Site Development Plan and construction documents for this project. This proposal is intended to act as a formal request that the appropriate governing authority undertake any necessary amendments to its Land Development Code or Comprehensive Development Plan so as to facilitate the deferral of impact fees or waiver any other fees associated with the proposed project. This proposal is a formal request that the appropriate governing authorities make the necessary budget allocations in future county budgets so as to timely, adequately and completely provide the funds that comprise the contributions being requested from the CRA or BCC. A thorough analysis will be completed to fully determine the impact of the proposed redevelopment on the transportation system servicing the project site. It appears that, based on current Collier County capacity calculations, sufficient capacity exists so that there will be no concurrency issues as a result of the project. Final determination of the intensity of the redevelopment activities will be subject to available capacity. Additionally, this 2 FP Real Estate Investments LC rajvasa£ta eaCeve[afl 5gini riangk ra vFea, fFariaSa developer proposes to enter into an agreement with the CRA and/or BCC whereby the project will not be annexed into the City of Naples at any time during his ownership. Site Acquisition The most critical aspect of acquiring control of the site is evidence of a commitment on the part of the appropriate authorities to see the proposed redevelopment go forward. An award of the development rights will adequately substantiate this commitment. Once an award is made, the property owners will have more confidence that a contract for the sale of their respective properties will actually result in a closing. This will also enhance the ability of this developer to negotiate terms and conditions that will be acceptable to both parties. The process of acquiring control of the site will begin once this development team has been selected by the CRA. All contracts to purchase property within the project area will be subject to the full 100% acquisition of all Mini Triangle properties. At this time, it is not known if the developer will be able to reach contract agreements with all owners. Once this determination has been made, the developer will notify the CRA of what, if any, assistance is necessary to complete the acquisition process pursuant to the terms of the development agreement. Execution Strategy The project will include a mix of commercial uses that will require either pre-selling or pre-leasing That component of the project developed as office space will be built only if commitments are secured for the exact and total amount of space proposed. This space will be either sold as condominium space or the rights to build will be sold to the user. It is not anticipated at this time that the office space will be built and retained under a lease arrangement to mitigate project risk. The project is proposed to include up to approximately 168 residential units. These will be developed as individual condominium units averaging approximately 1,200sf. It is anticipated that between 50% and 75% of these units will be pre-sold prior to beginning construction. Units will be priced on a per square foot basis comparable to other residential units in the marketplace, taking into consideration the premium for an urban environment. The project is proposed to include approximately 175,000 -200,000 sfofretail space that will encompass two-to-three floors around the interior of the project. The strategy of the retail leasing program will include a focus on: 1) the absence of any similar properties in the downtown or east-Naples area; 2) the built in demographics accomplished with the FP Real Estate Investments LC ?rajvasa£ta eafeveFajv Mini riangk Araj Fes, fkriaga residential, hotel and office; and 3) how the project creates better retail balance to the community. This balance is viewed as critical as a compliment to the Waterside Shops on the north end of the community and the Coastland Center Mall in mid-town. It is anticipated that the retail will include an anchor tenant that will occupy possibly as much as 50,000sf+/-. The project is proposed to include up to 200 hotel rooms that would offer a reasonable amenity and conference package. The rights to develop the hotel will be pre-sold to a developer with all the necessary experience and financial capabilities required for a project of this magnitude. The hotel should carry the flag of a major franchise and would be a significant anchor to the project. The annual flow of guests to the hotel will compliment the daily use of the retail by the office and residential occupants. Project Capitalization Public/Private Partnership - As part of the redevelopment process, the development team will be working closely with county staff to ensure the successful completion of the project within the framework of the redevelopment plan approved by county commissioners. That plan includes not only the revitalization of the entire Bayshore/Gateway Triangle area, but also improvements that are required for transportation, storm water management and other infrastructure as well. To some extent specific to the project, these improvements will occur on- and off-site. The developer will make his best effort to negotiate terms and conditions within the developer agreement with the county for the costs associated with these improvements to be partially or totally funded by the county where appropriate. This is also to include the relocation of any businesses located within the overall site and the repair of any suspect environmental conditions. The development team will also be working with county staff to ensure that the final project best facilitates the catalyst impact desired by the county on the balance of the redevelopment area. County Contributions - TIF, Grants, Tax Benefits, Impact Fees, Other Fees, Capital Projects, Real Estate Tax Abatement - It is the intent of the developer to negotiate the best possible agreement with the county to gain the benefit of all the usual and customary municipal contributions available under a redevelopment plan. Because of the impact of the project on the ad valorem tax base, the final project will result in a substantial increase in real property taxes from the site. 4 FP Real Estate Investments LC 'ra_ osa£ta earevefov t/ie lini :rriang/k This developer intends to negotiate an agreement with the county to obtain an advance of the proceeds of Tax Increment Financing (T1F) bonds from the county's general fund to offset eligible costs associated with the project. This developer will require that the county apply for all available state and/or federal grants to complete a thorough site assessment for any and all environmental contamination and incur the cost to repair any soil or ground water contamination conditions found within the site. This developer will also require that any and all income and other tax benefits derived from the environmental repair of the site be passed through to the developer anal that any county resolutions needed to facilitate the awarding of grants be facilitated by the county commission. There are multiple existing improvements and uses on the various properties within the project site area that have already impacted the community. This developer will seek impact fee credits, at current rates, for 100% of these improvements against the impact fees calculated for the proposed project. Additionally, this developer will request that the appropriate authorities grant a ten (10) year deferral of the remaining balance of the impact fees for the project after all credits are determined and applied. Any official actions necessary to facilitate this waiver request should be undertaken by the BCC. Multiple other fees would be incurred by the project as a result of the proposed redevelopment activity. These will include, but not be limited to, permit application fees and utility tap-in fees. This developer will request that all such fees be waived, subject to a full and final determination of all possible feed related to the proposed project. Considerable on- and off-site improvements will occur as a result of this project that will benefit the community beyond the requirements of the project. This developer intends to negotiate an agreement with the county for its contribution of the costs associated with those improvements. These improvements would include, but not be limited to, redesign and realignment of streets, storm water solutions, signalizing of an intersection, and environmental repair of the area. This developer will request that the BCC and/or CRA grant an abatement of all real estate related taxes for a period of five years. Once the abatement period terminates, the County's general funds will realize an estimated $400,000 to $500,000 annually from the project based on current rates for similar properties. Total ad valorem taxes will be approximately $1,600,000 annually, again based on current rates for similar properties. This will result in the County's general fund contributions being replenished very rapidly in exchange for these contributions. FP Real Estate Investments LC ?raflosa£ta t/ie 31ini :rriangk ravvles, flariaSa Zoning Requirements It is the intent of this developer to submit the proposed project to the county as a Planned Unit Development. It is now known at tNs time if any amendments to the Bayshore Gateway Triangle Redevelopment Overlay are going to be required. Project Developer For the purpose of submitting this proposal, the developer of record is Daniel R. Pioli of FP Real Estate Investments LC. His background includes ten years of mortgage banking experience working with developers and property owners on projects ranging from multi-family to retail, office and residential. His role with these developers was to provide a service that entailed a complete financial analysis and project planning process. Within this role, he would participate in site selection, site planning, zoning, approvals, construction and development. This full-service role ensured the developer that all aspects of their projects would be completed successfully, at or under budget and on time. In 1999, he was the author of a proposal submitted to the General Services Administration (GSA) in response to an RFP for a build-to-suit office project in Louisville, Kentucky for occupancy by the Federal Bureau of Investigation (FBI). Out of more than thirty offerors, Mr. Pioli reached the final selection process before the project was awarded to another developer. He is a twenty-two (22) year resident of Naples and a thirty-three (33) resident of Southwest Florida. Mr. Pioli will form a development partnership with an experienced developer that-will also be the primary financing sponsor upon being awarded the development rights to the Mini Triangle. Summary ~e£1a Villaggio is a unique opportunity in the Naples community. The location of the project, the mix of uses, the cooperation and support of county government and staff and the need identified in the redevelopment plan are factors that all contribute heavily to the proposed project. The urban style of redevelopment and the architectural standard will enable the project to make a statement for Naples locally, nationally and internationally. The final impact can only be measured in the years to come, but it certainly will be the catalyst that the East Naples community needs to be revitalized. The opportunity to effect redevelopment beyond the scope of normal development activities does not exist anywhere else in Naples. ~ella Vil£atigio, a "beautifulvilla~e" that willrevitalize andbeautify the Gateway to 2~faples! FP Real Estate Investments LC ~g Bella Villaggio Design Pt ilosoph3t & Intent Naples, once a small fishing and beach town, has emerged as the urban center for the greater Collier County region. The Bayshore/GatewayTriangle Redevelopment Area and Mini Triangle Project signifies the present will of this urbanization process - to bdng new life to a important entry way into Naples and Collier County. Be ££a Vil£ag,qio provides a harmonious solution to economic revitalization, area storm-water management issues, transportation issues and retail balance in an area too long left behind in the beautification of Collier County. To arrive at the concept of ~¢ lea. 'Villaggio, the development and architectural team studied the latest modes of thought on urbanization, economic revitalization and mixed-use development in areas with profiles similar to the Triangle. The team kept in mind the social and cultural relationships as best exemplified through the interconnection of commerce and transportation through the county streets and highways, such as in the case of the convergence of US 41 and Davis Blvd. The new development warmly emerges from the apex of the site and presents a cdtical opportunity to explore the process whereby cities are made. Architecture, such as this project will represent, particularly throughout the United States, is understood as a place defined by the forces of modem commerce and transportation. It is a place bound by the hectic pace of modem society, and the demands placed on the site are the demands placed by mobility. The automobile best represents mobility in the modem sense. Accessibility, therefore, figures predominantly in our solution as a means to shape the site as an extension of the county streets and highways, while addressing current neighborhood and thoroughfare needs. As issues of accessibility, retail balance, and a statement for the Gateway-to-Naples were addressed, this point we call the Mini Triangle, articulates a connection between the established town center of Olde Naples and other identifiable_ community centers beyond. The architectural response along the US 41 corddor as a clear urban edge rises to define the idea of gateway or arrival. Central to the idea of arrival is the identity of place. A strong interest in developing a distinct yet harmonious identity and a sense of place was prioritized as the tdangle was designed against the preceding background along US 41. Furthermore, the scale of traffic at the US 41 and Davis Blvd. intersection, symbolic of the greater urban phenomenon, suggest an architectural response apprcpdate and of sufficient magnitude. The resulting open public space, connecting spaces, and building forms of ~ella Villaggio through the mechanism of the spiraling piazza and the urban composition of buildings along the streets will create a distinct experience and sense of place that responds to a unique site on the Naples landscape. ~eila Vi£1aggio as a gateway between Olde and New Naples is envisioned as a regional urban center reflecting the significant growth and development of the greater Collier County area. The architectural achievement of ~ell~ ~Villag~qio is to take the Olde World Italian architecture and bring it into the New Wodd of Naples. By translating the charm and warmth of the old into the new, we bdng forward a concept that will on its own promote the revitalization of the Gateway to Naples. FP Real Estate Investments LC ?rad~ osa £ta Redbvelbyv t/ie 31in i ~ria nglk ~a~,fes, f ~arf~a Preliminary Development Budget Site Acquisition Cost $ 17,500,000 Site Development Construction Storm Water Management Utilities 100,000,000 Soft Costs 20,000,000 Total Project Costs $137~,500,,000 Does not include construction and developmmt costs associated with the proposed hotel. The permits for this component of the project would be issued separately. FP Real Estate Investments LC 2O COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM March 19, 2003 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE ALLOCATION OF $200,000 FROM FUND 186 TOWARDS UTILITY AND ROAD PROJECTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. OBJECTIVE: To have the Community Redevelopment Agency (CRA) approve the allocation of $200,000 from Fund 186 (Immokalee Redevelopment) for utility and road projects in the Immokalee Redevelopment Area. CONSIDERATIONS: On January 22, 2003, the Immokalee Local Redevelopment Advisory Board identified utility and road projects as an area of need within the 10th Street and Clifton Street Vicinity, as depicted in Figure 1, in the Immokalee Redevelopment Area. The members recommend that the Community Redevelopment Agency approve the allocation of $200,000 from the Redevelopment Trust Fund (Fund 186) towards utility and road projects in the 10th Street and Clifton Street Vicinity, as depicted in Figure 1, or other utility and road projects in the Immokalee Redevelopment Area. Planning Services Staff feels that the lack of road and utility infrastructure in the redevelopment area acts as a constraint to market driven redevelopment efforts. Therefore, Staff supports an alternative recommendation to allocate redevelopment funds to utility and road improvements in the - entire Immokalee Redevelopment Area. FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF). Hence, the incremental difference in tax revenues between the original frozen assessment value (1999), and the new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in redevelopment area. The Immokalee Local Redevelopment Advisory Board recommends $200,000 of accrued tax increment revenue be allocated as reserve funds to be used for utility and road projects. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned infrastructure improvements will implement several objectives of the adopted Redevelopment Plan, including those related to road and utility improvements. GROWTH MANAGEMENT IMPACT- Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Immokalee Area. ADVISORY BOARD RECOMMENDATION: Approve the allocation of $200,000 from Fund 186 (Immokalee Redevelopment) to be used for utility and road projects in the 10th Street and Clifton Street Vicinity, as depicted in Figure 1, in the Immokalee Redevelopment District. PLANNING SERVICES DEPARTMENT RECOMMENDATION~ Planning Services staff feels that the lack of road and utility infrastructure in the redevelopment area acts as a constraint to market ddven redevelopment efforts. Therefore, Staff supports an alternative recommendation to allocate redevelopment funds to utility and road improvements in the entire Immokalee Redevelopment Area. URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION In supporting this recommendation, Planning Services recognizes that subsequent requests to encumber these allocated funds must obtain future CRA approval. In determining whether allocated funds should be awarded to individual projects, the project must demonstrate that it results in significant improvements to the individual project's study area. REVIEWED BY: TOM ~[~ME~IN PRINCIPAL PLANNER COMMUNITY PLANNING & REDEVLOPMENT SECTION RANDALL COH~ f COMMUNITY PLANNING & REDEVELOPMENT MANAGER DATE APPR~ ,,~ J~P~K. SCH'~ /~_ D~INISTRATOR ~"¢MMUNIsERVICETMS DEVELOPMENT AND ENVIRONMENTAL DATE DATE/ -2- LEE FIGURE 1 LAKE TRAFFORD RD x%, ORCHID AVE ~ CAMELIA AVE I ~. C - MIMOSA AVE IMMOKALEE DRIVE COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM March 19, 2003 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW A PROPOSAL TO FUND UP TO $49,000 FROM REDEVELOPMENT FUND 186 TOWARDS AN ECONOMIC INCENTIVE STUDY FOR THE IMMOKALEE AREA OBJECTIVE: To have the CRA Board consider funding an economic incentive study as outlined in the attached proposal by Robert Charles Lesser & Co., LLC, consider the Immokalee Redevelopment Advisory Board's recommendation, consider Staff's recommendation to provide matching funds towards the study, and render a decision in consideration of this information. CONSIDERATIONS: In anticipation of the increase in road impact fees proposed by the County last fall, a group of Immokalee residents and business owners began meeting to discuss ways to mitigate this fee increase. This was done to help negate any negative impact the increase may have on business and workforce housing development in the community. An Impact Fee Deferral program for Immokalee was proposed and discussed at the November 12, 2002, Board of County Commissioners meeting. At the meeting, Immokalee residents did not support this proposed Deferral program in whole. The commission then asked for this group to come back to - them with a comprehensive 'toolbox~ of incentives for Board consideration. Since this November meeting, a group has been routinely gathering to discuss ideas and develop a strategy on accomplishing this directive. The informal group, nicknamed "BIG" - Build Immokalee Great, and made up of various residents, business owners and other interested parties (i.e, Collier County EDC and the Immokalee Chamber), decided to hire an outside consultant to gather relevant data and present a comprehensive proposal to the Board. After reviewing several proposals, and interviewing the principle owners, the group agreed to hire the firm of Charles Lesser & Associates, LLC, from Atlanta. Lesser & Associates had been hired by Barron Collier Companies to complete the feasibility study for the Ave Maria College project. The Immokalee Community Development Corp. has recently entered into a contract with the Lesser group to develop this proposal. FISCAL IMPACT: The cost of the study as proposed is $49,000, plus incidental charges. A local funding drive, aimed at Immokalee constituents, is currently underway to help offset the initial cost. (Note: the consultant required a $24,500 upfront payment to begin the study.) Several major financial commitments have already been secured to underwrite the "incidental" and reimbursable expenses. Furthermore, it is Staff's understanding that the Immokalee Community Development Corporation (CDC) has entered into a contract with Robert Charles Lesser & Co., LLC wherein the $24,500 upfront money has already been paid and the study has begun. Please note that Staff has not obtained an executed copy of said contract. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN' The subject economic incentive study is consistent with the adopted Redevelopment Plan. More specifically, the study is consistent with Plan objectives dealing with the development of incentives to promote both business and affordable housing growth. -1- 7.6 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Imm0kalee Area. ADVISORY BOARD AND PLANNING SERVICES DEPARTMENT RECOMMENDATION. The Immokalee CRA Advisory Board has reviewed the subject proposal and recommends the CRA fund the scope of work and all associated time and professional fees in the amount of $49,000. PLANNING SERVICES DEPARTMENT RECOMMENDATION- Given the Immokalee Community's successful efforts to solicit and partially fund the proposal up to this point, Planning Services recommends that the CRA match funds of up to $24,500 to conduct the study as outlined in the proposal. This represents 50% of the proposal's professional fees to complete the scope of work. Rather than funding the entire amount, this match criterion would allow the proposal to maintain a level of autonomy from the CRA. PREPARED BY: TO i~IN PrINCiPAL PLaNNEr COMMUNITY PLaNNING & rEDEVELOPMENt SECTION F~ANDALL COHEN~ COMMUNITY PLaNNING & REDEVELOPMENT MANAGER PLaNNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: .~ (~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ROBERT CHARLES LESSER & CO., LLC ]~F. AL ESTATE ADVISORS DRAFT January 6, 2003 Mr. Bill Klohn MDG Capital 2180 Immokalee Road, Ste. 308 Naples, Florida 34110 02-9320.00R SUBJECT: Recommended Incentive Package for Immokalee to Stimulate Growth; Immokalee, Florida Dear Sir: We are pleased to present this proposal-agreement for professional services relative to the above subject. It is our understanding that you require analysis and recommendations regarding the optimal incentive package to stimulate growth in and around Immokalee. We also understand that the recommended incentive package must result in a positive fiscal impact to Collier County. ASSIGNMENT BACKGROUND AND OBJECTIVES The City of Immokalee has historically been a rural agricultural community, with all growth controls constricted to the same constraints applied to the more urban market of Naples. Immokalee has reached a point in its lifecycle were major economic revitalization is required to fulfill its potential as its own unique and special place in the region. The community is not merely an urban extension of the Naples/Golden Gate market, but is instead a unique economy with its own strengths, weaknesses, opportunities and threats within which to formulate a strategy for growth. A steering committee consisting of prominent Immokalee business members has been assembled. This steering committee, referred to by their slogan, "Think B.I.G." (Build Immokalee Great) has assumed the task of establishing 9uidelines to facilitate the revitalization process for Immokalee, to present t) Collier County as an important guide to current and future planning and development. With those goals in mind, the objective of our involvement will be to (1) evaluate Immokalee's current economic and cultural market conditions at an overview level through interviews with prominent business leaders (2) Building on previously conducted research for Collier County Economic Development identify the most viable incentive programs for Immokalee, based on interviews and case studies of the success/failure of these programs in 3384 P EACHT~E RDNE, SurrE 500, ATLANTA, GA 30326 TF. L404 365 950] FAX 404 365 8363 Los ANGELES · ATLANTA · SANTA FE · WASHINGTON, ]D,C other municipalities (3) estimate the fiscal impact these incentives could have on Collier County under assumed-growth projections. Such estimates could be further refined once a full market study is prepared, one that forecasts future growth potentials. To be credible, the results of this work must be presented in a format that effectively builds the case for both local and county actions. Each recommended incentive will need to convince the county of Immokalee's need for this revitalization effort and its positive financial impact. These objectives will be achieved through a process that incorporates three key phases: Situation Analysis - Understand the current economic situation in Immokalee from reviewing previous studies and readily available secondary data supplemented by interviews with prominent Immokalee business leaders, to include members of the Think B.I.G. organization, and readily available secondary research and data (as oppose to primary research). Questions addressed in this first phase of analysis include: What is the current situation relative to economic potential, growth potential, impediments and incentives to positive growth? What does the community want? What is possible? How does this compare to other nearby and Florida communities? Incentive Analysis- Building on the previous qualitative incentive research performed for Collier County we will analyze specific incentive programs. This analysis will be performed through case studies of relevant jurisdictions that have enacted such incentives and the success/failures achieved. Fiscal Impact Analysis - Using the market realities generated through activation of the specific incentives in other municipalities we will evaluate the most financially viable incentives for Immokalee and Collier County. This evaluation wilL.be based on assumptions that a specific level of economic development could result from applying the incentives, and the fiscal impacts to Collier County. A market analysis to determine the actual levels of economic impact resulting from applying the incentives is outside the scope of work of this engagement. Included in this phase of analysis will be the creation and presentation of an incentive plan for the city and for county officials to understand the fiscal impacts of the proper incentive programs. This final step of the processes addresses questions such as costs required to implement the feasible strategy, and potential financial returns to offset the implementation costs. With the above in mind, the key objectives of this engagement are outlined in the following scope of work: SCOPE OF WORK PHASE I: Situation Analysis, Economic and Market Overview Conduct an initial kick-off meeting with representatives of Think B.I.G. to identify key issues, preliminarily agree on boundaries of the study area, specific objectives and outcomes, and prioritizing the scope. Identify the roles for the Steering Committee already created for the study. ROBERT CHARLES LESSER & CO., LLC Page 2 02-9320.00R January 6, 2003 · '2. Interview Think B.I.G. members as well as governmental officials and agencies with an interest in, or impacting the City of Immokalee. This includes county and state representatives. 3. Understand the vision statements and recommendations of citizens and businesses in the city already. Understand these visions and recommendations in the context of those of the county and other key interests in the area. 4. Work with the Steering Committee to conduct an initial analysis of the city and surrounding rural lands, identifying other potential needs, key opportunities and critical issues that should be addressed. We will review county plans for the area, and conduct interviews with significant agencies involved with development projects within the city. PHASE Ih Incentive Analysis 1. Research and review incentive programs previously compiled for Collier County and target relevant jurisdictions that have set such incentives in place to gather additional information. 2. Research communities to understand their market position before incentives were initiated, and the results of applying the incentives. 3. Conduct interviews with public officials- responsible for and in charge of set incentives. Understand the success and failures of each incentive utilized, their initial and recurring costs, financial impact on the community, as well as lessons learned about the process. PHASE IIh Fiscal Impact Analysis 1. Create an opportunity matrix, incorporating each of the incentives examined. This matrix will summarize the results of the interviews in terms of initial market conditions, implementation costs, success/failures realized, and long-term fiscal impacts. 2. Create a hypothetical model for selected incentives showing potential impacts on Immokalee including initiation and recurring costs, potential community/market impacts, and long term fiscal impact to the City as well as the County. 3. Determine the most viable incentives to be adopted by Collier County as having the highest potentially positive fiscal impact relative to costs. 4. Summarize all of the above into an Executive Report. 5. Present the conclusions and recommendations resulting from this process to members of the Think B.I.G. 6. Present the conclusions and recommendations of the above study to the County Commission in a power point presentation. 7. Receive comments back on the text and accompanying briefing book and prepare a final report. TIME AND PROFESSIONAL FEE SCHEDULE The time required is approximately 8 to 12 weeks, beginning on January 20, 2003. The professional fees to complete the scope of work outlined above is approximately $49,000. The professional fees exclude reimbursable costs detailed in the attached appendix. Please "i~ ROBERT CHARLES LESSER & C0., LLC 02-9320.00R Page 3 January 6, 2003 refer to the enclosed appendix for information regarding our reimbursable expense schedule, billing arrangements, additional services and limiting conditions. These time frames may vary depending on when we receive your written authorization and retainer and our commitments at that time. If the above meets with your approval, we are prepared to commence work on this assignment beginning on January 20, 2003 after receipt of an executed proposal-agreement and a retainer fee of $24,500, which will be credited against the final invoice. An invoice for the retainer has been included for your convenience. In an ongoing effort to continually improve our services to our clients, we will be sending you a web-based Client Satisfaction Survey at the completion of this engagement. We hope you will take the time (5 minutes) to respond to this survey so we may incorporate your feedback into our overall results a~d implement changes as necessary. The email survey link will be coming from Ms. Erin Breland, our Director of Consumer Research. Thank you in advance for participating. ROBERT CHARLES LESSER & CO., LLC Page 4 02-9320.00R January 6,2003 We are enthusiastic about working with you and sincerely appreciate _your consideration of our firm. We look forward to hearing from you in the very near future. Very truly yours, ROBERT CHARLES LESSER & CO., LLC Gregg Logan Managing Director David Laube Associate AGREED AND ACCEPTED: MDG CAPITAL, CORP By: Title: Signature: Date: Unless informed to the contrary, the monthly invoices and reports will be sent to the attention of the individual who executed this agreement. If the invoice contact differs from the signature above, please complete the following: Title: Invoicing Address: Telephone Number: Fax Number: Mail Address: E-mail Address: Sent via facsimile, original via mail · ~ ROBERT CHARLES LESSER & CO., LLC Page 5 02-9320,00R January 6, 2003 Section 1' STANDARD APPENDIX TO PROPOSAL-AGREEMENT Payment Terms An initial payment of $24,500 shall be sent upon execution of this Agreement, which amount will be credited to the outstanding balance on the final invoice(s) submitted to Client. Payment of the retainer should be sent, along with one executed copy of this proposal-agreement, to: Accounting Robert Charles Lesser & Co., LLC 600 Jefferson Plaza, Suite 200 Rockville, MD 20852 For each monthly billing period ("Billing Period"), Robert Charles Lesser & Co., LLC (RCLCo) will submit invoices to Client for services and reimbursable expenses. Amounts invoiced will be in proportion to the services performed during the preceding billin9 period. Amounts invoiced for reimbursable expenses, consultants' fees and additional services will be based on amounts incurred and services performed through the invoice date. Invoices are due and payable upon receipt. Interest, at the highest rate permitted under the applicable law, will accrue on all accounts not paid within thirty (30) days of the invoice receipt date and, in addition, Client shall pay all costs and expenses, including without limitation, reasonable attorney's fees and expenses incurred by RCLCo in connection with the collection of the overdue accounts of Client. RCLCo retains the right to halt work and the right to withhold delivery of the final report pending receipt of any overdue payments. Section 2: Estimated Reimbursable Expenses Except when indicated below, expenses are billed at cost, with costs estimated when possible below: · Travel expenses* (mileage, airfare, car rental, hotel, meals, etc., as incurred) TBD · Delivery charges* (air freight, messenger service, postage, etc., as incurred) TBD · Color printing and copies of special graphics, photos, etc., as incurred) TBD · Report Production and Presentation Materials~ $2,500 · Outside secondary data required for the completion of this engagement2 $1,250 · Telephone charges (3% of the fee) $1,500 Estimated Reimbursable Expenses (excludes TBD items, subject to change) $5,250 Report production and presentation materials expenses include all expenses and labor related to word and data processing and production and reproduction of reports in black and white. Also, includes all expenses and labor related to production of presentation materials used and/or distributed. Color and special graphics, photos, etc., will be charged separately over and above this fee, at cost plus a 10% handling charge. When applicable, up to five (5) copies of the report are included. Additional copies or revised copies once a final report has been issued will be billed at the higher of $25 per copy or actual cost plus a 10% handling charge. Such as on-line data base charges, other publications, reports, maps and other miscellaneous out-of-pocket charges related to procurement of necessary information and data for this assignment. ROBERT CHARLES LESSER & C0., LLC 02-9320.00R Page 6 January 6, 2003 * At cost plus handling charges of 10%. Section 3: Acceptance and Expiration Acceptance of this proposal-agreement is completed upon receipt of one executed copy of the proposal-agreement and the retainer fee specified. If we are not in receipt of a fully executed copy within thirty (30) dates from the date thereof, this proposal-agreement shall be of no further force and effect and shall be deemed withdrawn. Section 4: Additional Services In addition to the scope of work covered in this Agreement, we will be available for additional work, including team meetings; planning and design review work; litigation support work; presentations to investors, lenders and/or public agencies; periodic updating of reports; financial analysis; marketing plan; consumer opinion research work; and, other activities related to this engagement. Additional team meetings and planning and design review sessions will be billed for professional time and expense based on our normal hourly or per diem rates. Proposals for other services, indicating scope of work and time and fee schedule, will be submitted upon request. Professional time for court appearances, depositions and public hearings will be billed at 150% of our normal hourly rates. Section 5: Client's Responsibilities Client agrees to provide full and reliable information about its requirements for the engagement and, at its expense, shall furnish the information, surveys and reports, if any. In addition, Client agrees to provide, at its expense and in a timely manner, the cooperation of its personnel and such additional information with respect to the engagement as may be required from time to time, to be provided by Client for the performance of RCLCo's work. Client shall designate a ProJect Representative authorized to act on behalf of Client with respect to this Agreement and agrees to render any decisions promptly to avoid unreasonable delay to the engagement and the performance of RCLCo's work. Section 6: Termination This Agreement may be terminated by either Client or RCLCo by giving written notice at least three (3) days prior to the date of termination. In the event of such termination, Client shall pay RCLCo for services and reimbursable expenses performed or incurred to the termination date. "~ ROBERTCHARLES LESSER & CO.,LLC Page 7 02-9320.00R January 6, 2003 'Section 7: Use of Documents It is understood by RCLCo that the findings from this engagement ("Report") are the proprietary property of the Client and that for a period of one year, unless otherwise instructed by the Client in writing, they will not be made available to any other organization or individual without consent of the Client. It is agreed by the Client that the Report, unless specifically designated by RCLCo as an internal document, will be presented to third parties only in its entirety and that no abstracting of the Report will be made without first obtaining the permission of RCLCo. It is further agreed by Client that the Report is not to be used in conjunction with any public or private offering of debt or equity securities without RCLCo's prior written consent. The Client agrees to indemnify RCLCo against any losses or claims for damage and liabilities under Federal and State laws which may arise as a result of statements or omissions in public or private offering of securities. Section 8: General Limiting Conditions It is understood by the Client that RCLCo can make no guarantees about the recommendations which will result from the proposed engagement, because these recommendations must be based upon facts discovered by RCLCo during the course of the study and those conditions existing as of the date of the Report. To protect the Client, and to assure that RCLCo's research results will continue to be accepted as objective and impartial by the business community, it is understood that RCLCo's fee for the undertaking of this engagement is in no way dependent upon the specific conclusions reached or the nature of the advice given by RCLCo in its Report to the Client. The final Report furnished by RCLCo will contain a statement of General Limiting Conditions, as follows: "Every reasonable effort has been made to insure that the data contained in this study reflect the most accurate and timely information possible and it is believed to be reliable. This study is based on estimates, assumptions and other information developed by RCLCo from its independent research effort, general knowledge of the industry and consultations with the Client and its representatives. No responsibility is assumed for inaccuracies in reporting by the Client, its agent and representatives or any other data source used in preparing or presenting this study. This report is based on information that was current as of (date of report) and RCLCo has not undertaken any update of its research effort since such date." "Our report may contain prospective financial information, estimates or opinions that represent our view of reasonable expectations at a particular point in time, but such information, estimates or opinions are not offered as predictions or as assurances that a particular level of income or profit will be achieved, that events will occur or that a particular price will be offered or accepted. Actual results achieved durin9 the period covered by our prospective financial analysis may vary from those described in our report and the variations may be material. Therefore, no warranty or representation is made by · [~ ROBERT CHARLES LESSER & CO., LL6 02-9320.00R Page 8 January 6, 2003 'RCLCo that any of the projected values or results contained in this study will actually be achieved." "Possession of this study does not carry with it the right of publication thereof or to use the name of "Robert Charles Lesser & Co., LLC" or "RCLCo" or any reference to the Appraisal Institute or MAI designation in any manner without first obtaining the written consent of RCLCo. No abstracting, excerpting or summarization of this study may be made without first obtaining the written consent of RCLCo. This report is not to be used in conjunction with any public or private offering of securities or other similar purpose where it may be relied upon to any degree by any person other than the Client without first obtaining the written consent of RCLCo. This study may not be used for any purpose other than that for which it is prepared or for which prior written consent has first been obtained from RCLCo." The following additional General Limiting Conditions apply to real estate appraisals by RCLCo and will be contained in our report. Special Conditions are added as required. "No opinion is rendered as to property title, which is assumed to be good and marketable. Unless otherwise stated, no consideration is given to liens or encumbrances against the property. Sketches, maps, photos or other graphic aids included in appraisal reports are intended to assist the reader in ready identification and visualization of the property, and are not intended for technical purposes." "In the absence of competent technical advice to the contrary, it is assumed that the property bein9 appraised is not adversely affected by concealed or un-apparent hazards such as, but not limited to, asbestos, hazardous or contaminated substances, toxic waste or radioactivity." "The valuation applies only to the property described and for the purpose so stated and should not be used for any other purpose. Any allocation of total price between land and the improvements as shown is invalid if used separately or in conjunction with any other report. The value is based on the purchasing power of the United States dollar as of that date." "It should be specifically noted by any prospective mortgagee that the appraisal assumes that the property will be completely managed, leased and maintained by financially sound owners over the expected period of ownership. This appraisal engagement does not entail an evaluation of management's or owner's effectiveness, nor is RCLCo responsible for future marketing efforts and other management or ownership actions upon which actual results will depend." Section 9: Arbitration Any disputes, claims or other matters arising out of or relating to this Agreement or the breach hereof shall be settled by arbitration in Maryland in accordance with the Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators may be entered into any court having jurisdiction hereof. In the event of any arbitration or other legal proceedings pertaining to this Agreement, including the enforcement of any ROBERT CHARLES LESSER & CO., LLC Page 9 02-9320.00R January 6, 2003 ''arbitration award, the prevailing party shall be entitled to recover all legal expenses, including reasonable attorney's fees. Section 10: Miscellaneous By executing the proposal-agreement for this engagement, Client and RCLCo each bind themselves and their successors and assigns to this Agreement. Neither Client nor RCLCo shall assign or transfer their interest in this Agreement without the written consent of the other. This Agreement represents the entire Agreement between Client and RCLCo. This Agreement may be amended only in writing, signed by both Client and RCLCo. This Agreement shall be governed by Maryland law. ROBERT CHARLES LESSER & CO., LLC Page 1 0 02-9320.00R January 6, 2003 ROBERT CHARLES LESSER & CO., LLC REAL ESTATE ADVISORS RETAINER INVOICE January 6, 2003 Bill Klohn President MDG Capital 2180 Immokalee Road Suite 308 Naples, FL 34110 02-9320.00R SUBJECT: Recommendations of major growth incentives for Immokalee and their fiscal impacts on the surrounding community and Collier County. RETAINER FEE: Amount $24,500 TOTAL AMOUNT DUE $24,500 REMIT TO: Accounting Robert Charles Lesser & Co., LLC 600 Jefferson Plaza, Suite 200 Rockville, Maryland 20852 3384 P EACHTKEE RD NE, SUITE 500, ATLANTA, GA 30326 TEL 404 365 9501 FAX 404 365 8363 LOS ANGELES · ATLANTA · SANTA FE · WASHINGTON, D.C COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY CRA AGENDA ITEM March 19, 2003 RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AN ADDITIONAL $5,000 OF FUND 186 AS SEED MONEY TOWARDS THE SURVEYING, DESIGN AND CONSTRUCTION OF 5TM STREET DRAINAGE IMPROVEMENTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. OBJECTIVE: To have the Community Redevelopment Agency (CRA) approve a one time allocation of $5,000 from Fund 186 (Immokalee Redevelopment) as seed money towards the surveying, design and construction of 5th Street drainage improvements in the Immokalee Redevelopment District. These additional funds will increase the total amount of allocated funds towards this project to $15,000. CONSIDERATIONS: At the January 22, 2003, Immokalee Local Redevelopment Advisory Board Meeting it was learned that the scope of work for the 5th Street Drainage Project was not covering some areas that the board felt needed the most attention, the north side of Eustis from 5t' Street to 9~h Street. Staff from the Stormwater section indicated that to include this area additional funds, of approximately $5,000, would be needed to increase the scope of work. Advisory Board members recommend that the Community Redevelopment Agency approve the _ allocation of $5,000 of Fund 186 (Immokalee Redevelopment) as seed money towards the surveying, design and construction of drainage improvements along 5th Street South between West Delaware Avenue and Eustis Avenue as well as the north side of Eustis from 5th Street to 9th Street in the Immokalee Redevelopment District. Stormwater Management staff indicated that such funds would most likely cover the surveying necessary pdor to design and construction. FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF). Hence, the incremental difference in tax revenues between the odginal frozen assessment value (1999), and the new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in redevelopment area itself. The Immokalee Local Redevelopment Advisory Board recommends $5,000 of the accrued tax increment revenue contribute as seed money to get this project scope increased. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned infrastructure improvement will implement several objectives of the adopted Redevelopment Plan, including those related to stormwater improvements, trash cleanup and, if a sidewalk is incorporated into the project, provision of a safe pathway. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Immokalee Area. ADVISORY BOARD RECOMMENDATION_' Approve a one-time allocation of $5,000 of Fund 186 (Immokalee Redevelopment) as seed money towards the surveying, design and construction of drainage improvements along 5th Street South between West Delaware Avenue and Eustis Avenue as well as the north side of Eustis from 5th Street to 9th Street in the Immokalee Redevelopment District. -]_ PLANNING SERVICES DEPARTMENT RECOMMENDATION: Planning Services recommends that the Community Redevelopment Agency approve a one time atlodation of $5,000 from Fund 186 (Immokalee Redevelopment) as seed money towards the surveying, design and construction of drainage improvements along 5~h Street between West Delaware Avenue and Eustis Avenue as well as the north side of Eustis from 5t' Street to 9t' Street in the Immokalee Redevelopment District. URBAN DESIGN PLANNER COMMUNITY PLANNING & REDEVLOPMENT SECTION REVIEWED BY: tC~lgl tT,,.bM E ~ N - PRINCIPAL PLANNER COMMUNITY PLANNING & REDEVLOPMENT SECTION COMMUNITY PLANNING & REDEVELOPMENT MANAGER DATE DAT DATE PLANNIN~('s~IV--RVICES DEPARTMENT DIRECTOR //JqSEPH K. S~ICT / ! A/DMINISTRATOR [ ~;OMMUNITY DEVELOPMENT AND ENVIRONMENTAL ~ SERVICES DA~FE/ - -2-