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Agenda 07/07/2015 Item #14B17/7/2015 14. B.1. EXECUTIVE SUMMARY Request that the Board of County Commissioners, acting as the CRA, decides: (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, identify the proper percentage or amount of that fee or commission. OBJECTIVE: To improve and transform the Bayshore- Gateway Triangle CRA. CONSIDERATIONS: In 2009, the Bayshore- Gateway Triangle Community Redevelopment Agency (CRA) authorized staff to purchase 5.27 acres of commercial property in the Gateway Triangle for $6,386,000. A Fifth Third Bank loan was secured to purchase the land. The focus of the acquisition was to be the catalyst for other redevelopment in the Gateway Triangle area. In March 2014, realtor John Burton of Premiere Plus Realty approached CRA staff to advise that he had a developer, Fortino Construction & Development, LLC ( "Fortino "), interested in purchasing the Gateway Triangle property. Staff presented the offer to the CRA Advisory Board at its regular meeting of May 6, 2014. The CRA Advisory Board recommended the land sale be forwarded to the Board of County Commissioners (BCC). (See CRA Advisory Board Agenda for 05/06/2014.) Staff presented the offer to the BCC at its June 24, 2014 regular board meeting. (See BCC Recap for 06/24/2014.) Instead of accepting the Fortino offer, the Board directed staff to publicly notice the land for sale to determine if there were other interested parties to purchase the property. CRA worked with the County's Real Property Management Section and the Procurement Services Division to advertise the land for sale. Offers were solicited in the Naples Daily News on August 1, 2014, posted on the CRA's website and the County's Purchasing Department's online bidding system. The solicitation period ended on August 31, 2014, and Mr. Fortino was the sole bidder. CRA staff worked with the County Attorney's Office and Mr. Fortino to draft an Agreement for Sale and Purchase. The purchase price, based on appraised values, was agreed to be $5.2 million. The Agreement for Sale and Purchase, along with the redevelopment plan was presented to and approved by the CRA Advisory Board on September 9, 2014. (See CRA Advisory Board Agenda for 09/09/2014.) Staff presented the Agreement for Sale and Purchase to the BCC at its regular October 28, 2014, meeting. The Agreement for Sale and Purchase included a request for a real estate agent's referral fee /commission for $312,000 (6% of the purchase price). Mr. Burton spoke on his own behalf at this meeting. The Board voted to separate its consideration of the item into two issues: (1) the Agreement for Sale and Purchase and (2) the real estate commission. There was considerable discomfort expressed by several Board members regarding the proposed commission. (See BCC Minutes for 10/28/2014.) The BCC requested that staff come back with clarification on specific contract issues for a final review and approval. Staff worked with the County Attorney's Office and Mr. Fortino, and on November 18, 2014, Item 14.B.1, the BCC approved a revised Agreement for Sale and Purchase. Section 13.01 of the Board approved Agreement for Sale and Purchase provides: "If any brokerage commissions or fees are to be paid, they shall be the sole responsibility of the Seller and addressed separately." -1- Packet Page -634- 7/7/2015 14.6.1. As additional background, Mr. Burton, a broker with Premiere Plus Realty Co., made Mr. Fortino aware of the CRA property at the Gateway Triangle and referred him to the County. CRE Consultants, LLC, who is on retainer for providing brokerage services for commercial properties, was not engaged to list the subject property. Nor was Premiere Plus Realty Co., the company on retainer with the County for brokerage services for residential properties and Mr. Burton's employer. There is no written agreement between Mr. Burton or Premiere Plus Realty Co. and the CRA/BCC concerning the CRA property located at the Gateway Triangle; a separate listing agreement is required. (See Executive Summaries from 4/23/2013 (10.G) and 06/25/2013 (16.E.2); and Agreements 13 -6099 (Residential and Commercial.) Additionally, although Mr. Burton may believe otherwise, the CRA Operations Manager states that there was not nor could there be an oral agreement between Mr. Burton or Premiere Plus Realty and the County regarding the Gateway Triangle property. This is based on the well - established principle that formal BCC action is needed in such matters. In fact, on January 14, 2014, the CRA Operations Manager requested and the BCC accepted a separate listing agreement with Premiere Plus Realty Co. on a different CRA parcel. (See BCC Recap for 01/14/2014.) It is quite possible that without Mr. Burton's efforts, Mr. Fortino may have pursued development opportunities elsewhere on non -CRA property. (See Timeline and E -mail from Mr. Burton.) Accordingly, the Board of County Commissioners, acting as the CRA, may decide that Premiere Plus Realty Co. is deserving of compensation and that it serves a valid public purpose to provide such compensation. Obviously, no compensation will occur if the sale is not consummated: the closing is scheduled to occur on or before July 13, 2015. Had this property been listed and sold through a Board - approved listing agreement with CRE Consulting, LLC, the commission would have been 6% per the Board - approved real estate services agreement. As an aside, this rate generally conforms to that found in similar agreements in other local governments across Florida. (See Broker Commissions Table.) If the Board determines that a full 6% commission ($312,000) is not justified under the circumstances, it may consider some other percentage. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. I am not aware of any agreement, promise, commitment or understanding of any nature, whether oral or written, between staff or the Board and Premiere Plus Realty with respect to this matter. Although Mr. Burton is requesting a commission, based on the above, a finder's fee or perhaps a referral fee might be the more appropriate term. In either event, without an express agreement, any right of compensation to Premiere Plus Realty would need to rest upon the theory of quantum meruit, otherwise known as an implied contract. As such, the Board could find that compensation in some amount is both appropriate and warranted under these circumstances. Accordingly, this item is approved for form and legality and requires a majority vote. - JAK FISCAL IMPACT: As of July 7, 2015, the outstanding principal balance on the Fifth Third Bank loan incurred by the CRA for the purchase of redevelopment property is $6,218,553. Assuming a commission of $312,000 is paid from sales proceeds, the balance of proceeds, approximately $4,888,000, will be applied as a prepayment to loan principal. This principal reduction will result in interest expense savings of approximately $550,000 over the life of the loan and allow the loan to be fully amortizing within the existing loan period. If there are no sales and no resulting principal reductions, the balloon payment due at the end of the loan, June 2018, will be approximately $4.7 million. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, acting as the CRA, decides (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle -2- Packet Page -635- 7/7/2015 14.6.1. occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, what is the proper percentage or amount of that fee or commission. Prepared by: Tim Durham, Executive Manager Corporate Business Operations Attachments: • CRA Advisory Board Agenda for 05/06/2014 • BCC Recap for 06/24/2014 • CRA Advisory Board Agenda for 9/9/2014 • BCC Minutes 10/28/2014 (EXCERPT) • Executive Summary from 04/23/2013(Item 10.G) • Executive Summary from 06/25/2013 (Item 16.E.2) • Agreement 13 -6099 (Commercial /Industrial Properties) • Agreement 13 -6099 (Residential Properties) • BCC Recap for 01/14/2014 • Timeline and E -mail from John Burton • Broker Commissions Table -3- Packet Page -636- 7/7/2015 14.B.1. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.B.14.B.1. Item Summary: Request that the Board of County Commissioners, acting as the CRA, decides: (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, identify the proper percentage or amount of that fee or commission. Meeting Date: 7/7/2015 Prepared By Name: McKuenElly Title: Grants and Housing Coordinator, Senior, Public Services Department 6/22/2015 10:43:09 AM Submitted by Title: Grants and Housing Coordinator, Senior, Public Services Department Name: McKuenElly 6/22/2015 10:43:11 AM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/29/2015 2:20:56 PM Name: JourdanJean Title: CRA Operations Manager, County Redevelopment Agency Date: 6/29/2015 3:43:52 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/29/2015 3:47:56 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/29/2015 5:12:39 PM Packet Page -637- Name: KlatzkowJeff Title: County Attorney, Date: 6/30/2015 8:37 :43 AM Name: OchsLeo 7/7/2015 14.6.1. Title: County Manager, County Managers Office Date: 6/30/2015 8:47:12 AM Packet Page -638- 7/7/2015 143.1. (i2�cv!'yvcrv(�, zn. D��m Bayshore Gateway Triangle CRA •Bayshcre= Beautification MSTU Haldeman Creek MSTU BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE MAY 6, 2014 MEETING The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRA Office Meeting Room 3570 Bayshore Drive, Unit 102. Roll Call: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike Sherman, Peter Dvorak, Chuck Gunther and Karen Beatty. The following were absent: Larry Ingram and Shane Shadis. CRA Staff Present: Jean Jourdan, Interim Executive Director, Ashley Caserta, Project Manager, and Ekna Guevara, Operations Coordinator. Adoption of Agenda: Mr. Main asked if anyone had any changes. Having heard none he asked for a motion to approve the agenda, made by: Peter Dvorak. 2nd by: Mike Sherman. Approved: 6 - 0. III. Adoption of Minutes: Mr. Main asked for a motion to approve the April 1, 2014 meeting minutes. Motion by: Maurice Gutierrez. 2 "d by: Karen Beatty. Approved 6 - 0. IV. A. CRA Project Updates. 1. CRA's 17+ Acre Property: The Estimated Value is $3,000,000. Premiere Plus Realty Company was selected to market and sale the CRA's 17+ acres. The Exclusive Right of Sale and Listing Agreement were approved by the BCC on January 14`h and the executed Agreement was forwarded to the raltor January 27`h • The property is listed on LoopVet • The listing has been activated in AILS • An updated appraisal has been ordered and should be received within 30 days • The sign has been installed on the property. • Staff met with Realtor and Developer. • An offer has been made on the property and is provided in your packets. 2. Gateway Triangle Properties: An appraisal on the property has been completed and the estimate of market value was determined to be $5,212,808.00. 3. Residential Lot Development: 'There are currently ten (10) new houses under construction within the Bayshore area. Four new houses are proposed to start construction. Nan ,Financing wit] begin construction on the five Van Buren lots in September. 4. Calusa Breeze: Twenty four homes are proposed for construction within the Gateway area on Calusa Ave. 5, CRA Residential Lots Advertisement: The offer to purchase the CRA's 18 mobile home lots is scheduled to go to the Board on May 13`1`. May 6, 2014 CRA -AB Minutes Packet Page -639- Page 1 7/7/2015 14. B.1. 6. Solstice n /k /a Cirrus Point: The BCC is requiring the Developer pay the grant monies in full which were received to build affordable housing prior to approval of the market rate housing. The Developer intends to move forward with construction of condos based on the approved plans that will include an affordable housing component of the development. 7. Community Garden: Mr. Jeff S. Curl, ASLA CLARB, President of Emerge Design LLC provided conceptual architectural renderings for the garden for submittal of the application to the Zoning Department. The church has submitted an application to permit the Community Garden and is waiting for approval. 8. Grant Application (Fire Suppression Upgrades): Staff has resubmitted the application and is working diligently with the necessary departments. 9. LDC Amendment: Amendments to the Overlay are in process to support more vivid colors and a change to the current Overlay map to expand the GTMXD to north side of Davis Blvd ( change color from white to pink) _The LDC subcommittee met on April 30" and approved forwarding the amendment to the CCPC. The amendment will permit buildings within the redevelopment area whose colors are in violation to become compliant with the LDC.. 10. Annual Report and Newsletter: The CRA and MSTU's annual workshop with the CRA Board was held on May 6rh. 11. The Garden School: The school is moving through the Site Development Plan process. The Site Plans are available in the CRA office for viewing. 12. CDBG Grant Application (.APPROVED): A DRI application was re- submitted to the Collier County Housing Department for the construction and C,EI work for the Karen Drive Stormwater Improvement Project in the amount of $154,120. The funds should be available in June, 2014 and the project must be completed within 6 months. An additional grant application for Pineland Avenue was submitted at the same time and has also been funded. B. MSTU Protect Updates: 1. Bayview & Lunar Update: Construction is well under -way on Bayview Drive. Some of the sidewalks are in place, as well as driveway aprons. Additionally, the minor stormwater improvements are completed and a surprise concrete slab in front of the marina has been removed in order to grade the new Swale. Previously, there was some pooling during rainy season in this area, and removal of the impervious surface (concrete slab below grade that was not known of) and installation on the swale should eliminate the pooling. Staff has had bi- weekly meetings with the construction team and the residents seem to be happy with the progress. As a side note, the City is going to upgrade the water line from a 2" pipe to an 8" pipe and will install two fire hydrants. This will be done at zero cost to the MSTU. Construction began March 3, 2014 on Bayview Drive and will begin on May 8, 2014 on Lunar Street. Final completion is September 28, 2014. 2. Application APPROVED for Karen Drive Stormwater Grant: A DRI application was re- submitted to the Collier County Housing Department for the construction and CEI work of the May 6, 2014 CRA -AB Minutes Packet Page -640- 7/7/2015 14.B.1. Karen Drive Stormwater Improvement Project in the amount of $154,120. The funds should be available in June, 2014 and the project must be completed within 6 months. An additional grant application for Pineland Avenue was submitted at the same time and has also been funded. 3. Thomasson Drive / Hamilton Avenue: Staff is working with the Purchasing Department to finalize the contract to be approved by the BCC. 4. Landscape Update: Affordable Landscaping has been maintaining the area and has been working with County Irrigation maintenance expert Roger Dick to make some repairs to the system. The system has been repaired enough to move forward without any major updates to the controller system. The County will be updating the entire system within a year or so. The existing equipment will need to be upgraded eventually, as the parts that we have are no longer being manufactured. 5. Danford Street: A presentation regarding the conceptual design will be made under old business. Requests for Payments V. Old Business Vi. New Business: A. Gateway Triangle Presentation (Conceptual Rendering: At the April I" meeting the CRA -AB voted to start processing an offer to purchase the CRA's Gateway Triangle property from Fortino Construction & Development, LLC and requested they bring back conceptual renderings of their proposed plans for their review and consideration. The appraisal for the Gateway property was received and the market value was estimated for the land to be $4,591,220.00 and estimated land and improvements market value was determined to be $ 5,212,808.00. The Buyers representative (Fortino Construction & Development, LLC), Mr. Anthony Fortino made a presentation of the conceptual drawings. Some of the information provided was a roof top dining area, 8 stories in height, about 15,OOOsq.ft. of retail space on the first floor. The project also includes a water feature in the entrance to the building. The CRA Advisory Board made a motion to support this project and directed staff to move forward with working with the appropriate County Departments to prepare a Purchase Agreement. Motion made by: Chuck Gunther. 2nd by: Steve Main Approved: 6 -0. B. Becca Avenue Purchase: The Shelter for Abused Women has built several cottage style houses within the redevelopment area. They desire to purchase and build a house on the property CRA owns at 2515 Becca Ave. The estimated market value of the site is 79,900 +. The offer to purchase is $100,000. Motion to accept the offer and move forward with working with the appropriate County Departments to prepare a Purchase Agreement made by: Karen Beatty. 2 I by: Maurice Gutierrez. Approved: 6 — 0. C. Lease Renewal Requests: Auto Pride's lease expires on December 31, 2014 and Smith Plastering September 25, 2014. Both tenants have requested 3 year extensions. Motion to renew a 3 year lease that includes a clause stating they must vacate the May 6, 2014 CRA -AB Minutes Packet Page -641- 7/7/2015 14. B.1. property if the property is sold made by: Steve Main. 2nd by: Karen Beatty. Approved: 6 — 0. D. Advisory Board Appointments: Staff announced there are three (3) seats which will be available for our CRA Advisory Conunittee as of May 22, 2014. V. Advisory Board General Communications: VI. Citizen Comments: There was a resident of Lakeview Drive which requested Lakeview get prioritized in terms of streets improvement. She would like to see a sidewalk. Vil. Adjournment: Approved by Steve Main, CRA -AB Chairman. May 6, 2014 CRA -AB Minutes Packet Page -642- 2 7/7/2015 143.1. BCC Recap 06/24/2014 Item 14.B.1 and to make a finding that this item promotes tourism. Approved — 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) This item to be heard at 10:40 a.m. Recommendation that the Community Redevelopment Agency (CRA) review an offer to purchase CRA owned property in the Gateway mini - triangle by Fortino Construction & Development, LLC and Assignee and provide staff direction. Motion for staff to proceed with a public notice for sale of the property — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future Workshop Schedule B. Commissioner Hiller — Opening of new Air Bar hair salon in Naples; record to break largest swimming lesson held at Sun -N -Fun Lagoon; she attended the 1st Thunderdome Triathlon at Germain Arena C. County Manger Ochs — Thanks to Commissioner Nance for hosting the VA Committee and congratulating Kady Arnold on her retirement D. Commissioner Fiala — Upgrades to zoning ordinance E. Commissioner Nance — Met with the VA's Site Selection Committee to discuss possible location of the new facility in Collier County F. Commissioner Nance — Regarding Parks and Rec fee to launch kayaks G. Commissioner Hiller — Local rules regarding use and sale of fireworks H. Commissioner Hiller — Motion to adjourn — Consensus ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE Page 9 June 24, 2014 Packet Page -643- 7/7/2015 14.B.1. Bayshore Gateway Triangle CRA . Bayshore Beautification MSTU Haldeman Creek MSTU BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE SEPTEMBER 9, 2014 MEETING The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order by Steve Main 6:00 p.m. at the CRA Office Meeting Room 3570 Bayshore Drive, Unit 102. 1. Roll Call: Present: Advisory Board Members: Steve Main, Maurice Gutierrez, Mike Sherman, Chuck Gunther and Karen Beatty, Larry Ingram and Peter Dvorak. The following was absent: Shane Shadis. CRA Staff Present; Jean Jourdan, Interim Executive Director, Ashley Caserta, Project Manager, and Ekna Hue, Operations Coordinator. ll. Adoption of Agenda: Motion to approve the agenda made by: Karen Beatty. 2nd by: Maurice Gutierrez. Approved: 6 -0. Ill. Adoption of Minutes: Mr. Main asked for a motion to approve the June 3, 2014 meeting minutes. Motion by: Maurice Gutierrez. 2nd by: Larry ingram: Approved: 6 -0. IV. A. CRA Project Updates. 1. CRA's 17+ Acre Propert y: The Estimated Value is $3,000,000. Premiere Plus Realty Company was selected to market and sale the CRA's 17+ acres. Premiere Plus Realty is working with a developer who has an interest in purchasing the site, but we have not received and formal offers. 2. Gateway Triangle Properties: An appraisal on the property has been completed and the estimate of market value was determined to be $5,212,808.00. The property was legally advertised on August 1s` 3. Residential Lot Development: NIAN Financing will begin construction on the five Van Buren lots in September. Also, they purchased and plan to renovate the old motel next to Sawyers on Haldeman Creek. Construction will begin soon. 4. Calusa Breeze: Twenty four homes are proposed for construction within the Gateway area on Calusa Ave. We have conceptual renderings for viewing. 5. CRA Residential Lots Advertisement: The CRA Board approved the sale of the 18 lots to Love Legacy on May 13t`' by a vote of 3 to 2. Commissioner's Hiller and Nance voted against the transaction. They will be obtaining permits within the next 3 weeks. These will be two story buildings. 6. Solstice n /k/a Cirrus Point: At the February 11, 2014 BCC meeting the BCC continued the item. The BCC is requiring the Developer to pay the grant received to build affordable housing component in full prior to receiving approval to build market rate housing. The Developer intends to build market rate housing instead of affordable housing. 2014 CRA -AB Minutes Page 1 Packet Page -644- 7/7/2015 14.B.1. 7. Community Garden: N -. Jeff S. Curl, ASLA CLARB, President of Emerge Design LLC provided conceptual architectural renderings for the garden for submittal of the application to the Zoning Department. The church has submitted an application to permit the Community Garden and is waiting for approval. 8. Grant Application (Fire Suppression Upgrades): Staff has been informed that they will recommended the CRA receive the grant. (Item to be discussed under new business) 9. LDC Amendment: Amendments to the Overlay are in process to support more vivid colors and a change to the current Overlay map to expand the GTMXD to north side of Davis Blvd (change color from white to pink. The CCPC voted to forward the amendment to the BCC June 24a' meeting. The amendment will permit buildings within the redevelopment area that the colors are in violation to become compliant with the LDC. The amendments are now in effect. 10. The Garden School. Kathy I hatib: "The final permit from the County is almost ready ... but there always seems to be one more thing to do before we can pick it up. We are following through on these as they come up. The SBA loan should be closing sometime in June. Hopefully, in my next report, I can be inviting all of you to the Groundbreaking Ceremony! ". 11. DRI Grants Application (APPROVED): Both Pineland Avenue and Karen Drive were approved by the BCC at the 5/27/14 meeting. The Housing department will now send the grants to the Department of Economic Opportunity. Funding should begin in June construction and CEI work for the Karen Drive Stormwater Improvement Project in the amount of $154,120. An additional grant application for Pineland Avenue was submitted at the same time and has also been funded. Construction will begin in 3 weeks. 12. Becca Avenue Lot Sale: The Purchase Agreement has been forwarded to the County Attorney's Office for review. Once approved the document will be forwarded to the Shelter for Abused Women for signature and then to the CRA Board for consideration. B. MSTU Project Updates: 1. Bayview & Lunar Update: Construction is well under -way on Bayview Drive. The sidewalks are in place, as well as driveway aprons. Additionally, the minor stormwater improvements are completed and a surprise concrete slab in front of the marina has been removed in order to grade the new swale. Previously, there was some pooling during rainy season in this area, and removal of the impervious surface (concrete slab below grade that was not known ofj and installation on the swale should eliminate the pooling. Staff has had bi- weekly meetings with the construction team and the residents seem to be happy with the progress. As a side note, the City is going to upgrade the water line from a 2" pipe to an 8" pipe and will install two fire Hydrants. This will be done at zero cost to the MSTU. The streetlights should be on any day this week now. Lunar is almost done. 2. Karen Drive Grant: Funding to begin for two. A DRI application was re- submitted to the Collier County Housing Department for the construction and CEI work for the Karen Drive Stormwater improvement Project in the amount of $154,120. The funds should be available in June, 2014 . and the project must be completed within 6 months. An additional grant application for Pineland Avenue ($56,570) was submitted at the same 2014 CRA -AB Minutes Page 2 Packet Page -645- 7/7/2015 14. B.1. time- and has also been funded. This will be starting soon then we have to complete the project within 6 months of commencement. 3. Thomasson Drive / Hamilton Avenue: Staff is working with the Purchasing Department to finalize the contract to be approved by the BCC. We have the Notice to Proceed for the design stage. 4. Landscape Update: Affordable Landscaping has been maintaining the area and has been working with County Irrigation maintenance expert Roger Dick to make some repairs to the system. Al Benarroch will be present at the MTSU meeting to provide an update in person. The members requested South Bayshore be trimmed for a neater look. Al mentioned the Royal Palms are looking grim because they are so large that their roots are sucking the salt water which is not healthy. Options for replacements were provided in the quote. The controller is believed to be tempered with which explains the fluctuation in water pressure. There was a motion to replace two foxtails, remove the dead royal palms and accept the irrigation proposal made by: Carolyn Cochrane. 2nd by: Bob Messmer. Approved: 4 -0. Staff was directed to obtain quotes to trim all the oak trees. V. Requests for Payments: Motion to pay all bills made by: Peter Dvorak. 2nd by: Steve Main. Approved: 7 -0. VI. Old Business VI. New Business: A. Gateway Triangle Property: Legal notice was advertised from which we received one sealed bid made by Anthony Fortino. Motion to accept offer as amemded by the CRA advisory board which includes all with exclusion of contingency #3 made by: Chuck Gunther. 2nd by: Larry Ingram. Approved: 7 -0. Motion to extend the lease renewal for AutoPride as follows: to provide a 6month extension then a 3 month extension at the tenants option with another 3 month extension after that at the owner's option made by: Maurice Gutierrez. 2 °d by: Chuck Gunther. Approved: 7 -0. B. Fire Suppression Grant Application: Motion to reject the Fire Suppression Grant made by: Steve Main. 2"d by: Chuck Gunther. Approved: 7 -0. C. Part -time Employee: Ashely Caserta, Project Manager is now working Monday thru Friday and the part time employee has been laid off. D. Becca Lot: The Transportation Department has requested the Becca lot for stormwater retention. reasons. The Shelter for Abused Women is still waiting to know if we will sell the lot to them. Motion to recommend we sell the Becca lot for $100,000 to the Shelter for Abused Women and if the county would like the property we are willing to sell to the county for stormwater purposes for the same amount made by: Larry Ingram. 2nd by: Peter Dvorak, Approved: 7 -0. VII. Advisory Board General Communications: Congratulations to our new Commissioner Penny Taylor. VIII. Citizen Comments: V. Adiournment: Meeting adjourned at 7:25pm 2014 CRA .AB Minutes Page 3 Packet Page -646- Approved by Steve Main, CRA -AB Chairman. 2614 CRA -AB Minutes Packet Page -647- 7/7/2015 14.B.1. Page 4 7/7/2015 14.B.1. October 28, 2014 CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. I hope that's satisfactory. Good. Next item? Item # 14B I AN OFFER TO PURCHASE CRA OWNED PROPERTY IN THE GATEWAY MINI - TRIANGLE BY FORTINO CONSTRUCTION & DEVELOPMENT, LLC AND ASSIGNEE FOR CONSTRUCTION OF A MIXED -USE DEVELOPMENT PROJECT COMPRISING RESIDENTIAL, HOTEL AND ROOFTOP RESTAURANT AND RETAIL USES; AUTHORIZE THE CRA CHAIRMAN TO EXECUTE ALL DOCUMENTS NECESSARY TO FACILITATE THE SALE AND AUTHORIZE STAFF TO DEPOSIT THE FUNDS RECEIVED FROM THE SALE INTO THE APPROPRIATE ACCOUNT - MOTION TO APPROVE THE PURCHASE CONTRACT IN ITS CURRENT FORM INCLUDING THE CHANGES THAT WERE READ INTO THE RECORD DURING THE MEETING WITH THE REALTOR'S COMMISSION TO BE HEARD AT A LATER DATE — MOTION FAILED (COMMISSIONER HENNING, COMMISSIONER HILLER AND COMMISSIONER NANCE OPPOSED); MOTION TO BRING BACK THE CONTRACT TO THE NOVEMBER 18, 2014 BCC MEETING — APPROVED MR. OCHS: Mr. Chairman, that takes us to the two o'clock Page 118 Packet Page -648- 7/7/2015 14.6.1. October 28, 2014 time- certain hearing this afternoon. It's Item 14B 1 on the agenda under your Community Redevelopment Agency. It's a recommendation that the Community Redevelopment Agency review and accept an offer to purchase CRA -owned property in the Gateway mini - triangle by Fortino Construction and Development, LLC, an assignee, for construction of a mixed use development project comprising residential, hotel, and rooftop restaurant and retail uses; authorize the CRA chairman to execute all documents necessary to facilitate the sale; and authorize staff to deposit funds received from the sale into the appropriate account. And your CRA Operations Manager, Ms. Jean Jourdan, will present. CHAIRMAN HENNING: And we're acting as the CRA, and the CRA chairman is still Commissioner Fiala. So Commissioner Fiala's going to conduct this item. CHAIRWOMAN FIALA: Thank you very much. I call the CRA meeting to order. COMMISSIONER COYLE: Motion to adjourn. MS. JOURDAN: Good afternoon. For the record, Jean Jourdan with the Bayshore /Gateway CRA. I'm here today to obtain a recommendation of approval by the Community Redevelopment Agency to sell CRA -owned property within the Gateway mini - triangle for the development of a mixed use project. I just want to give a little bit of history. The Gateway mini - triangle is identified in the CRA redevelopment plan as a redevelopment of a catalyst project. It is also identified in the Bayshore /Gateway Triangle Redevelopment Overlay in the Future Land Use Element as a catalyst project site. The CRA's objective in assembling these properties were specifically for the redevelopment of the site with a mixed use project Page 119 Packet Page -649- 7/7/2015 14. B.1. October 28, 2014 that would spur redevelopment of this entryway into the community. The development of the site meets the goals and objectives of the CRA redevelopment plan and the Bayshore /Gateway Triangle Development Overlay and the Future Land Use Element. Proposed developments meets the vision of the CRA and the community that was established in 1999 and adopted in the redevelopment plan of June of 2000. The developer is proposing a multi -story hotel with up to 193 units, meeting space, a rooftop restaurant, ground floor retail, personal services, as well as professional offices and up to 89 multifamily residential dwelling units. Before I move forward, there were some insubstantial changes to the purchase agreement that I'd like to read into the record, if that's okay, if I may. In your purchase agreement, in 4.05, the paragraph says conceptual site plans set forth in Exhibit C hereto and the conceptual site plan as set forth in Exhibit D. We're striking through "and the conceptual site plan set forth in Exhibit D." The next item is -- CHAIRWOMAN FIALA: Can you tell me why you're striking that? MS. JOURDAN: Because there is no Exhibit D. It got switched in the executive summary and the agreement, the conceptual. Additionally, the seller reserves the right to unilaterally deny the sale, conveyance, and assignment or transfer to a third party, and we're adding the language "except as provided in Section 4.0.16." In Section 9.02, we would add "whereupon," the word one, o -n -e, and percent, one percent, and also real estate brokers. In 11.01, it reads "the seller." That should be "the purchaser." In 12.01, we're adding brokerage commissions; the language would be, "shall be paid by the seller." Page 120 Packet Page -650- 7/7/2015 14.6.1. October 28, 2014 In 15.02, we're also striking "set forth in Exhibit D hereto." It's no longer within the packet. Also changing the interim director to CRA operations manager. Then at the end of the paragraph we would add "such recommendation is not binding on the county." CHAIRWOMAN FIALA: Are those all the changes? MS. JOURDAN: Yes. COMMISSIONER FIALA: Commissioner Henning. COMMISSIONER HENNING: Was this vetted through -- I mean, this is a contract. Was this vetted through the County Attorney's Office, these changes? MS. JOURDAN: Yes. COMMISSIONER HENNING: Jeff? That should have been -- sounds like it's on the fly instead of the comprehension of this contract. MR. KLATZKOW: Well, normally we try to get these things a little bit better. This agreement was flying back and forth. You don't meet again until the third Tuesday of November. The seller was saying that they had difficulties meeting that time frame because they have other parcels that they wanted to purchase. So, yes, this was done on the fly, but we are comfortable with it. COMMISSIONER HENNING: Why are we paying commission of $312,000? Why do we have a broker when we have real property management? MS. JOURDAN: Well, real property management doesn't go out and bring us this -- bring us the buyer. COMMISSIONER HENNING: What is the -- MS. JOURDAN: What happened in this instance, there is no binding contract between the CRA board and the real estate broker. Initially, the CRA had listed their 17 -point (sic) acres on Bayshore Drive with this real estate broker. While they were trying to bring us a buyer for the 17 acres, they were also looking at the mini- triangle. They're the one who initially brought us the buyer, Mr. Page 121 Packet Page -651- 7/7/2015 14. B.1. October 28, 2014 Fortino. We had brought -- they had submitted a contract to us back at one of the other meetings, which the board had looked at and considered, and at that time we had asked if we could put the property notice -- legally notice the property. And so we did legally notice the property. The person who responded to the notice was Fortino again so, therefore, the broker is asking to be paid a commission for initially bringing us the buyer. COMMISSIONER HENNING: Okay. I think you said the CRA advisory board on our previous parcel entered in the contract with this broker? MS. JOURDAN: No. There was a contract with Collier County. This brokerage firm has a contract with Collier County, which was put out to RFP, and they were the winner of the property. So when the CRA listed our 17 acres, we utilized that contract that the county had. COMMISSIONER HENNING: Okay. Now I'm getting a little bit more information I'm looking for. It's a little bit more comfortable. So we have a contract with a real estate broker? MR. KLATZKOW: We have an issue, which is why I changed the language that the seller will be responsible for brokerage fees. You have a contract with this person for residential property, a listing agreement, not for commercial. So between now and the time this thing finalizes, the purchaser has 150 days inspection period, okay, we're going to have to figure that out. COMMISSIONER HENNING: Well, wait a minute. It's being changed so we pay these fees, the seller. MR. KLATZKOW: That's right. The seller typically pays the brokerage fee. COMMISSIONER HENNING: Well, we don't -- in our contract, we don't authorize -- I mean, that's for residential. That's what you just Page 122 Packet Page -652- 7/7/2015 14.B.1. October 28, 2014 said, right? MR. KLATZKOW: Commissioner, I'm agreeing with your concern. I share the same concern, which is why the contract now reads "seller shall pay any brokerage fees." COMMISSIONER HENNING: Okay. Well, that's outside the contract, the authority of it. Are we going to waive our purchasing policy since this is not a part of the contract? MS. JOURDAN: Maybe Joanne could address that? MR.00HS: No. COMMISSIONER HENNING: Yeah. I don't know how this person got involved in this parcel when whoever controlled or is supposed to manage this contract should have had full knowledge of what this broker can and cannot do. The broker should have known signing the contract that he cannot represent commercial property. MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director. Commissioner, all I can tell you is we have a commercial contract with a broker, and we have a residential contract with a broker. This contract is with the residential contractor, is my understanding. The fee is the same. It's 6 percent in both cases, in all cases. COMMISSIONER HENNING: Okay. We have a contract with this broker to list commercial property; is that what you're saying? No. MS. JOURDAN: No. My understanding is that they were actually chosen through the RFP process for the residential property, and there's another brokerage firm that was -- actually represents the commercial property. That's my understanding. COMMISSIONER HENNING: This is -- this is not right. This -- I mean, you know, we have a contract with somebody else, another broker, for a -- we're listing on a commercial? MS. JOURDAN: Yeah. We -- and as I said, we did not -- we do not have a listing with this broker for this specific site. COMMISSIONER HENNING: Who's this broker for this? Page 123 Packet Page -653- 7/7/2015 14.B.1. October 28, 2014 MS. JOURDAIIT: John Burton. He's here if you'd like to speak with him. John Burton, Premiere Plus Realty. COMMISSIONER HENNING: Is this the one getting the 300,000? MS. JOURDAN: Yes. MR. KLATZKOW: We took that out. Nobody's getting anything yet. I separated the issue. The issue before you is the purchase and sale agreement, okay. We'll pay any brokerage fees, but that means any brokerage fees. That means any and all. Now, I don't know that 6 percent is customary for commercial at this level, 5.5 percent (sic), that's -- 5.5 million, that's something we can look into. But there's an open issue here -- COMMISSIONER HENNING: Okay. MR. KLATZKOW: -- the board will have to address down the road. I'm -- yeah. MS. JOURDAN: Yeah. Commissioner, it's in the executive summary, but, however, the attorney's office took it out of the purchase agreement. COMMISSIONER HENNING: So you -- I thought you said on Section 12.01 that the seller will pay the brokerage fees in your on- the -cuff changes to the agreement. MS. JOURDAN: Jeff, do you want to address that where it said sellers? MR. KLATZKOW: It would be -- the seller would pay any brokerage fee, not the buyer. So it's our responsibility. We have to figure out how much and who we're paying, if anybody, down the road. COMMISSIONER HENNING: Well, if we don't approve this contract, do we have to pay anybody? MR. KLATZKOW: You don't have to pay anybody anything if Page 124 Packet Page -654- 7/7/2015 14.B.1. October 28, 2014 you don't approve this contract, no. MR. BURTON: Let me speak. MS. JOURDAN: Is it okay if we turn the microphone -- CHAIRWOMAN FIALA: Yes, go ahead. MR. BURTON: Yeah. It was -- John Burdon with Premiere Plus Realty. COMMISSIONER HENNING: Your name? MR. BURTON: John Burton. Yeah, we got the contract to list the old cappa (phonetic) site, the 17.8 acres. That's on Bayshore. And in doing so in this process we understood what was in the CRA overlay, and it was the mini - triangle. There were two properties that are in the front which was the vision of Collier County CRA, Bayshore /Gateway Development, to purchase those properties in order to make that whole thing contiguous. So we were tasked, with Anthony Fortino, to actually go out and put those two properties together, what you see as seven and eight, okay. And in doing so, talking with the CRA and the advisory committee for the CRA, that's how we entered into a contract with the CRA and the county, so there was an exhibit -- is there an exhibit to that contract -- that actually got this whole thing out for public bid in the first place. So we actually had a contract in place before any of this went out to public bid, and it had a 6 percent commission in there. MR. KLATZKOW: You have, to my knowledge -- and if you have a contract, I'd be happy to see it. MS. JOURDAN: It wasn't signed. MR. KLATZKOW: You have no commercial contract with this board. MR. BURTON: Yeah, in due process of that, that's how we came to this conclusion right here. So for this entire process to continue to Page 125 Packet Page -655- 7/7/2015 14.B.1. October 28, 2014 happen, there really was -- for the seven and eight parcel that you see on the screen there, to actually make this happen for the 5.6 acres that the county owns. So, you know, we -- you know, we were under the impression that we were going to get the 6 percent commission. COMMISSIONER HILLER: For what? CHAIRWOMAN FIALA: But the seven and eight are commercial, right, and they were under contract for those? MR. KLATZKOW: My understanding is that he brought a buyer to a commercial property when he had a residential listing with us. We have another commercial listing agent. So he brought us the buyer, but he's the wrong broker. COMMISSIONER HILLER: Can I ask a question? MR. BURTON: But that was list or sell the property, which this is off market. COMMISSIONER HILLER: May I speak? CHAIRWOMAN FIALA: Yes, go ahead. COMMISSIONER HILLER: Thank you. Jeff, when we decided to put this out for bid, did we state in the bid that we were going to compensate any brokers that brought buyers? MR. KLATZKOW: You'd have to ask Jean. I -- COMMISSIONER HILLER: Did we have -- MS. JOURDAN: No, that wasn't in the bid. COMMISSIONER HILLER: So we didn't agree to compensate any broker, and we did not enter into any sort of listing agreement separate and apart from putting this property out to bid with a broker, with this broker or any other broker. Did we enter into a listing agreement? MR. KLATZKOW: You do not have a listing agreement for this property. Page 126 Packet Page -656- 7/7/2015 14.B.1. October 28, 2014 COMMISSIONER HILLER: Okay. That's what -- I'm asking only about this property. MR. KLATZKOW: Right, which is why I pulled that language. COMMISSIONER HILLER: Right. So I'm just --I'm just going over the facts to make sure. Because what this gentleman just said makes no sense, so I want to just clarify in my head what we actually did or didn't do. So when we put this property out to bid, we did not provide in the bid that -- in the bid documents that in any way we were going to compensate any broker, and we did not agree to any sort of commission agreement with this broker or any other broker with respect to the sale of that property? MR. KLATZKOW: That is my understanding, correct. COMMISSIONER HILLER: So, I'm sorry, but I don't understand how you can make a claim for a commission when we never represented we would pay a commission and we didn't engage your services to bring a buyer. And it seems to me you had a preexisting relationship with this gentleman. You said something about bringing these two properties together. What do you mean by that? MR. BURTON: It was bringing -- well, it was actually the CRA, 17.8 acres that we have on Bayshore that our office has listed, signed by you commissioners. COMMISSIONER HILLER: Does he have a listing that includes these parcels? MR. BURTON: It doesn't include these parcels, but it's the CRA. MR. KLATZKOW: He's a broker for us for different parcels. COMMISSIONER HILLER: I understand. We have a -- MR. KLATZKOW: Not this one. My understanding is he did bring us the buyer, but he doesn't have a listing agreement for this. COMMISSIONER HILLER: Right. Page 127 Packet Page -657- 7/7/2015 14. B.1. October 28, 2014 MR. BURTON: Yeah, but it was entered into -- our sales contract that got this all started was with our brokerage commission -- MR. KLATZKOW: Right, but there's a difference between selling $100,000 properties where you get 6 percent and five- and -a -half million dollar properties where the commissions are generally much lower. COMMISSIONER HILLER: You have a contract, as I understand from the county attorney, with the county to sell the residential parcels within the CRA. And, yes, you have been retained by the CRA to be the broker who will receive a commission on the sale of residential lots, but that agreement did not include those two lots. If you can show me where it included those two lots, I would be very interested to see that. MR. BURTON: Which two lots? COMMISSIONER HILLER: The seven and eight. MS. JOURDAN: Ours is one through six, Commissioner. COMMISSIONER COYLE: It doesn't include that. COMMISSIONER HILLER: Well, what are we -- well, that -- MS. JOURDAN: One through six. COMMISSIONER HILLER: One through six. Are those -- forgive me for saying that. So one through six are the commercial lots, and seven and eight are? MS. JOURDAN: Those are the commercial lots that are owned by another individual which Fortino has under contract. COMMISSIONER HILLER: Okay. So you have a separate contract on seven and eight independent of us? MR. FORTINO: (Nods head.) COMMISSIONER HILLER: And our sale is of 1 through 6, all of which is commercial? MS. JOURDAN: Correct. COMMISSIONER HILLER: So, I mean, any commission that Page 128 Packet Page -658- 7/7/2015 14.B. I. October 28, 2014 may be -- MR. BURTON: So the commercial contract -- COMMISSIONER HILLER: -- owed to you is with Mr. Fortino? MR. BURTON: -- I have in place with the CRA is what? COMMISSIONER HILLER: You don't have a contract. MR. KLATZKOW: For selling of commercial -- MR. BURTON: I have a commercial listing with you guys. Yes, I do. MR. KLATZKOW: Well, again, I think the issue of who owes what to whom is for a different board. COMMISSIONER HILLER: Do you have a commercial agreement? CHAIRWOMAN FIALA: Can we --let me just interject here. May I ask the county attorney, is this something that we can split in two? MR. KLATZKOW: Absolutely. You could make it -- CHAIRWOMAN FIALA: Okay. So we can vote on the purchase of the property by Fortino, right? MR. KLATZKOW: Yes. CHAIRWOMAN FIALA: And that's without any compensation or anything whatsoever as far as commission goes, and then we can take that as a separate item? MR. KLATZKOW: Down the road when we have all the documents in front of us. CHAIRWOMAN FIALA: Down the road. COMMISSIONER HILLER: Let's do that. CHAIRWOMAN FIALA: I would like to do that. Would you like to make a motion? COMMISSIONER HILLER: I would like to do two things. One, I want to find out what you think and what Commissioner Coyle thinks. And we have a commissioner -elect in the audience, and I don't Page 129 Packet Page -659- 7/7/2015 14.B.1. October 28, 2014 know if she wants to speak as a public speaker because this is her district, and I think her opportunity -- CHAIRWOMAN FIALA: It's his district. COMMISSIONER HILLER: Well, it will be her district. I mean, it's his district until the -- until November 2nd, then it becomes her district. So since we're making a decision now and she's here -- if she wants to weigh in, I think we should give, you know -- COMMISSIONER COYLE: Actually, it's the 18th of November. COMMISSIONER HILLER: Okay. I stand corrected. You are -- let me just make sure, Commissioner Elect, that you -- COMMISSIONER COYLE: That means I get a paycheck another two weeks. COMMISSIONER HILLER: -- completely understand that you are not allowed to say or do anything till the 18th, so go back to the beach, okay? FYI. So, but in case she would like, since she's obviously here and has an interest in this item, if she wants to speak, I think we should afford her the opportunity to weigh in, and then I would be happy to make a motion, after I hear from you and from Commissioner Coyle and from her. COMMISSIONER COYLE: Well -- COMMISSIONER HILLER: I want to make sure I consider everything you want. CHAIRWOMAN FIALA: In which order? COMMISSIONER HILLER: In whatever order you decide. You're the boss. CHAIRWOMAN FIALA: Well, good, good. So I will listen to you first, Commissioner Coyle. This is your district. COMMISSIONER COYLE: Okay. Thank you very much. If there's disagreement about this sales contract, then I think we should divide it rather than delaying the sale itself, and I would vote in Page 130 Packet Page -660- 7/7/2015 143.1. October 28, 2014 favor of the sale -- CHAIRWOMAN FIALA: Is that a motion? COMMISSIONER COYLE: -- under the terms and conditions that are laid out in the executive summary. And, yes, that is a motion, and -- but with respect to the compensation to the realtor, you know, we -- we had a good -faith working relationship with the man. He went out and did the work and brought us what we needed to do in order to accomplish the sale. I don't see how you can possibly ignore that. But if we're paying a 6 percent commission to a realtor who has a commercial listing for us, why wouldn't we pay a 6 percent commission to a realtor who has brought us a commercial sale? So I don't know the purpose of badgering the realtor about this. In my opinion, if he was not going to get paid a commission or if he was going to get paid a separate commission, it was incumbent upon the county staff or the CRA staff to make sure that was straightened out. It is not the realtor's fault here. He was working from a good -faith standpoint, and in most cases that's just as good as a contract. So I -- but let's -- CHAIRWOMAN FIALA: Okay. COMMISSIONER COYLE: Let's separate it if you wish, and let's move forward, but if -- CHAIRWOMAN FIALA: So your motion is to separate these and approve the sale of the land? COMMISSIONER COYLE: Approve the contract, yeah, yeah. CHAIRWOMAN FIALA: And I'll second that motion, and I would -- I much prefer to address each one separately. We want to get this moving forward so he can purchase the other two pieces of property as well. Okay. That's -- yes, ma'am? MS. JOURDAN: May asked add one thing? I just wanted to say Page 131 Packet Page -661- 7/7/2015 14.B.1. October 28, 2014 I -- you know, for the record, i don't know if it makes any difference, but I understand why he felt that he has a contract with the county, not with the advisory board or CRA staff, because in the overlay, this is Gateway Triangle mixed use district, which is not really commercial. It's a mixture of residence and stuff. So it does have that zoning that's applicable in the overlay, and that's the same zoning -- CHAIRWOMAN FIALA: But we'll address that -- MS. JOURDAN: -- that's on the 17 acres. CHAIRWOMAN FIALA: But, Jean, we'll address that in -- MS. JOURDAN: I understand. I just wanted to -- CHAIRWOMAN FIALA: -- as we discuss that one next. Let's see. Commissioner Hiller, you're next? COMMISSIONER HILLER: Yes. I'd like to hear from Commissioner -Elect Taylor if she's interested in weighing in. CHAIRWOMAN FIALA: Commissioner Taylor? Nothing? MS. TAYLOR: I'm going to bow to the decision. I'm here to learn. I haven't read as much as you have, but thank you very much. COMMISSIONER HILLER: Okay. CHAIRWOMAN FIALA: Thank you. COMMISSIONER HILLER: Then if there are no public speakers, I'd say call the question and -- CHAIRWOMAN FIALA: Well, I wanted to check with Commissioner Nance. He has a button on also. COMMISSIONER NANCE: Yes. I -- you know, I have spent time talking with Mr. Fortino. I think he's got a very creative proposal for the board, which I'm going to support. You know, my concerns all along were that I had hoped that through our process and procedures that we were going to get in a little bit of competition for Mr. Fortino from others that were as creative, because I just think that having, you know, one respondent to a request for proposal or for an offering of a sale of any public property is not in Page 132 Packet Page -662- 7/7/2015 14. B.1. October 28, 2014 our best interest. But I will support the proposal because I feel like that's what you -all want, and I'm willing to defer to you on this issue. CHAIRWOMAN FIALA: Very good. And we have seven speakers, but Burt Saunders is standing -- are you signed up, Burt? MR. MILLER: Yes, he is. MR. SAUNDERS: Yes, I am, and I can speak for -- CHAIRWOMAN FIALA: Okay. I guess you're going to be the first one. MR. SAUNDERS: I can speak for four of them. CHAIRWOMAN FIALA: Okay. MR. SAUNDERS: And I won't take that much time. For your record, Burt Saunders with the GrayRobinson Law Firm, and I have the privilege of representing Tony Fortino and Fortino Construction and Development, LLC, the purchaser. We have one change to make the agreements consistent. We had a conversation with Nick Casalanguida and the county attorney dealing with what happens in the unlikely event that the property doesn't get developed and it's going to be resold. We have a provision where we share in the profits with the county on a resale. I just wanted to get that on the record. We've made that provision consistent in the document. That was pursuant to our conversation with the County Attorney's Office and with Nick Casalanguida last week. We've signed the agreement. We have a -- CHAIRWOMAN FIALA: Let me just see if I understood what you just said. What you just said is if they decide not to build, that then, if they sell the property, we share with them in the profits; is that MR. SAUNDERS: There can be no sale -- CHAIRWOMAN FIALA: Does it revert back to us if they -- Page 133 Packet Page -663- 7/7/2015 14. B.1. October 28, 2014 MR. SAUNDERS: There can be no sale of the property without the consent of the county. It's just a provision that if something happens that's unforeseen and the property is sold, then there's a mechanism for dealing with that. The county is fully protected on this. The only project that can be developed is consistent with what's in the site -- or the site plan that was presented. It has to be consistent with the Triangle Development Plan. It is highly unlikely that 15 months from now, 18 months from now, when this closes, that there would be a resale of the property. That is highly unlikely. That's not anyone's intent, and you're fully protected if there is. But if there is, then there's a mechanism for that. That's all that provision does. CHAIRWOMAN FIALA: Well, I think you just turned it all off, Burt. May I hear from the other speakers? COMMISSIONER HENNING: Well, I think what he's saying is we'll sit on the property until the values go up, and then we'll help you enjoy in the profits. CHAIRWOMAN FIALA: Yeah. I'm afraid that didn't sound good at all. MR. MILLER: Are you ready for your next speaker? CHAIRWOMAN FIALA: Yes. We'll hear our next speaker. MR. MILLER: Your next speaker is Tony Fortino. He'll be followed by Bob Mulhere. MS. JOURDAN: Bob said he's waiving. MR. FORTINO: Good afternoon, Commissioners. Anthony Fortino, Fortino Construction and Development. Listening to everything that's going back and forth, I'm going to go on the record and say that my vision still remains the same, haven't changed my mind. No one in my group has changed their mind. We think it's an exciting opportunity. We appreciate the opportunity to get Page 134 Packet Page -664- 7/7/2015 143.1. October 28, 2014 in there and do this redevelopment with the county. Our vision is such that it's going to stay with the C4 use, permitted uses. We have restrictions on what we can and can't do there, and we -- you know, we want to stay within those restrictions. We want to, basically, capitalize on the redevelopment that's there with the CRA and Collier County. We'd like to build a hotel permitted use, rooftop restaurant, retail, some type of event space and office use, along with residential. That's all allowable uses. We feel that right now the property is a blighted piece of property, and we want to turn it around. And we know that this will be a catalyst project for that part of Naples. I am a full -time resident; plan on staying here for a long time. Little help of God I'll be in front of you with other projects in the future, and that's what I plan to do with my residency here. So I hope that you look favorably upon our request here today and you act in favor of this application so we can all move forward and enjoy a better Naples in that area. Thank you for your time. MR. MILLER: Your next pubic speaker is John Baum (sic). MR. BURTON: No, I'm giving that over to -- we're done. MR. MILLER: Charles Gunther? MR. GUNTHER: Charles Gunther. I'm a CRA Board -- Advisory Board Member. This is a project we've been looking for, for a long time. I've been on this board now for about 13 years, little too long, maybe. When we first started, this was a piece of property that everybody said was blighted. The hardest part is making the pieces of property contiguous where everybody can -- one person can do something. That's hard to find in a piece of property like this. This is a gentleman that came through with a -- not only a good Page 135 Packet Page -665- 7/7/2015 14. B.1. October 28, 2014 bid, but a bid where he's paying cash for something that we're losing money on. But when you're being paid cash, that's catching up on a lot of our bills. So we're going to be able to pay off the loan a lot quicker. This is something -- these people came to us -- CHAIRWOMAN FIALA: Excuse me. There's two conversations going on at the same time. Let's just listen to you, Chuck. Go ahead. COMMISSIONER HENNING: Take it out in the hall. MR. GUNTHER: This gentleman came to us with a background that's just -- it's fabulous. I mean, there's nothing I can see bad with it. I -- as far as his question about -- just last year we talked about -- I don't see this man walking away from this trying to sell it to make money. He's a developer. He wants to develop something. There's -- a lot of things that can be done with that property, but we only had one bidder, and I don't think you'll have any more one bidders. You're going to see people that are going to say, no, that's too many pieces of property; it's too hard to assemble it. This gentleman came through and said, we want to assemble it, and that's a big, big thing to happen. On the advisory board, I'm the only one that actually represents the triangle. And this is something that will not only help that area; it will help the whole CRA. That's what we've been looking for. We need that catalyst, and I can't see anybody voting this down. And I think this last condition, I would work with you. I think Mr. Fortino is very -- very honest. He's not going to play games with you. That's all I have to say. Thank you. MR. MILLER: Your next speaker is Mike Carr. He'll be followed by Peter Dvorak. MR. CARR: Commissioners, I'm a commercial realtor here in Collier County, and moved here permanently in 1978, been a broker Page 136 Packet Page -666- 7/7/2015 14. B.1. October 28, 2014 since '82. Wasn't planning on speaking here, but I have an interest in the triangle. I've sold multiple properties there. I happen to have two under contract now, and I found out that this meeting was this afternoon. I said, I'm going to go say something good about it, because I think it is a very, very good thing for the community and for the property owners in that area. It will enhance it tremendously. And I think we're fortunate to have a developer of this quality, and I think the county should take the money and run. CHAIRWOMAN FIALA: Thank you. MR. MILLER: Your final registered public speaker is Peter Dvorak. MR. DVORAK: Good afternoon. For the record, Peter Dvorak. I sit on the CRA Advisory Board; I have for some time. I've seen a lot of projects over the last few years, although not as many as we might like. But if we, as a board, had envisioned a redevelopment for this property, it would look exactly like the one Mr. Fortino has come up with. And I think there's been a fair amount of investment along Bayshore. There's a lot more -- there's a lot more room for us to grow, but the development and redevelopment of the Gateway area has been slower in pace, and this would be a tremendous catalyst, especially with the acquisition of the other two parcels. And, really, it will be a gateway both to -- into and out of the city. I've spoken with Mr. Fortino. I think his intentions are pure to develop this sooner rather than later. The market is obviously moving in the right direction for that, and -- but for the process that it takes to go through all the steps in the planning and approval process, he'd probably like to build, you know, next six months, not in a year- and -a -half or two years from now. And I take the last amendment that Mr. Saunders mentioned to Page 137 Packet Page -667- 7/7/2015 14. B.1. October 28, 2014 you more as a sweetener and a failsafe, not -- for the county, not because that's what his intent is by any means. I think he wants to get in there and get moving as quickly as possible. I also would like to point out that we did receive the full appraised value for this parcel. And given that Mr. Fortino was the only bidder, I would ask you not to consider something other than moving forward with him, because I don't think it will have the desired result. And as Mr. -- as Chuck said, as Mr. Gunther said, we're going to be able to pay down our existing loan tremendously with the proceeds from this and hopefully get back in a position where we are financially healthy enough as an organization to start giving out grants, residential and commercial grants as we originally intended to do after our debt service has been paid off. And this helps us get one step closer to that. Thank you. CHAIRWOMAN FIALA: Thank you. Jeff, did you want to say something? MR. KLATZKOW: Yeah. I mean -- and, again, my preference would have been to let this be cleaner in November, but there were some time frames. If you go to your Packet Page 898, your declaration of restrictive covenants, Paragraph 4. Paragraph 4 is the fail -safe process that we built into this so that if Fortino Construction does not do what they say they're going to do, you'll have the option to buy back this property for 5.2 million; in other words, the sale price, all right. The wrinkle on this -- and Mr. Isackson can explain this better than I do -- is that my recollection is that upon the sale of this property, that monies will be going to Fifth Third to pay down your debt on the CRA. So when you need to exercise this in a couple of years, you're going to have to think of a funding source then, but I don't know a way around that. Page 138 Packet Page -668- 7/7/2015 143.1. October 28, 2014 COMMISSIONER HENNING: I don't think this contract is ripe for consideration today with all the changes and all the comments. That is something to consider, if nothing's done, we have to buy it back or we have the opportunity? MR. KLATZKOW: It's the option. It gives you the clawback if the redevelopment doesn't go as planned. COMMISSIONER HENNING: So we don't have to do that? MR. KLATZKOW: No. COMMISSIONER HENNING: Okay. But it's different than what Senator -- Burt Saunders has stated? MR. KLATZKOW: No. He's got a different process where -- if they decide to flip this property -- MR. SAUNDERS: That is correct. MR. KLATZKOW: -- all right, at that point in time, there will be some sharing of the proceeds if we agreed to let him flip the property. MR. SAUNDERS: That is absolutely correct. COMMISSIONER HENNING: But that's not a part of our packet and neither is a lot of these on- the -fly changes, and I don't -- again, I don't think it's ripe for consideration today. We need a presentation, not only of the project -- even though it's somewhat in our backup material, but it's very dark. CHAIRWOMAN FIALA: Can you try and talk us out of this, Burt? You got us here. MR. SAUNDERS:. Yeah, let me -- let's kind of back up a little bit. In a normal real estate contract, you sell a piece of property, you don't have an opportunity to automatically buy it back if you don't like what's happening. In this contract, you have the right to buy it back for the same price that is being paid for it, so you are fully protected. That provision is in there to protect you. That doesn't protect Fortino. It protects the county. So that's an added benefit. If there's -- something happens and the county permits the Page 139 Packet Page -669- 7/7/2015 14.B.1. October 28, 2014 property to be resold because of some circumstances, then there's a provision in there to protect you for that. There's nothing in this agreement that is different than what you would normally expect in a real estate transaction other than the seller has -- guarantees that this project will be built the way you want it to be built. If you don't like the plan, you don't approve the plan. And, in addition, if something goes wrong, you can buy the property back for the original purchase price. That's not what normally happens in a real estate transaction. We're ready to -- we've signed the agreement. We have the deposit. I have the check for the deposit. There are two other parcels, Parcels 6 -- I'm sorry -- Parcel 7 and Parcel 8. Fortino Construction has contracts on those. If we get this approved today, those contracts will be exercised, those parcels will be purchased, and Mr. Fortino will have 150 days to do all of his due diligence, get this closed, get his financing in place, get his plans working to begin this project. So you are fully protected. You're more protected in this real estate transaction than what normally happens, and that's the purpose of those provisions. So I would hope that you would not consider those changes to be changes that are inconsistent with the interest of the county, because they're there to protect you. COMMISSIONER HENNING: Can I finish what I was saying? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Not only we should have a full presentation on what's being proposed, again, our backup material is not clean, but also we should have a presentation on the finer points of the contract, so -- and that, I don't know if that can be done at a future meeting, like the meeting in November, or not, but that would be my preference. CHAIRWOMAN FIALA: Did you want to say something, Jean? Page 140 Packet Page -670- 7/7/2015 14.6.1. October 285 2014 MS. JOURDAN: Yeah. May I just add -- and I'd like to direct this to the County Attorney's Office. The changes that we've implemented -- that are being implemented here now, it's my understanding, were all pro - county, are safeguards for us. Is that true, Jeff, to -- I mean, they weren't for the developer's benefit. They were things for our benefit. MR. KLATZKOW: Well, no. I mean, it's back -- it's been back and forth. I mean, usually we like to have everything done, okay, signed, sealed, delivered, a complete package ready for the board. This is not how this deal was going -- MS. JOURDAN: I understand. MR. KLATZKOW: -- but I understand that the buyer's problem is that he loses the sale on 7, and 8, at least he says he does, unless this thing closes now. MS. JOURDAN: Today. COMMISSIONER HILLER: That's not our problem. MR. KLATZKOW: No, no, I'm not -- I'm just -- COMMISSIONER HILLER: He needs to negotiate with -- MR. KLATZKOW: That's why this is before you now. Not in the -- COMMISSIONER HILLER: -- them. We can't compromise the public's interest because he has some alternative deadline. CHAIRWOMAN FIALA: Well, we don't know if this is the public interest. According to what we're hearing, we're not going to lose any money on this. And, yes, it doesn't sound like it's a very clean project with all the things we've heard. At the same time, this is essential that this move -- this moves forward. We've got a lot of the people from the CRA advisory board here who have heard it every step of the way. And although it's become very convoluted today, it is essential that we move forward in order to get this thing moving. Page 141 Packet Page -671- 7/7/2015 14. B.1. October 28, 2014 We've had so many problems if this area. Commissioner Nance keeps saying we should get more money for it. Well, you can't get more money for a sow's ear and -- unless somebody has a real good imagination, and I think Mr. Fortino does. We've had so many problems in that area. You just go over and ask the Opera Naples people, and they'll let you know about all of them, and there are more. And if he's going to begin to raise that -- that property value, if he's going to begin to bring this to an area that we can proudly look at and say this is the entrance to East Naples, then 1, for one, am going to give him the chance. I think it's a -- I know this has been -- this has been pretty sloppy. We've removed the one part of this subject anyway. According to Jean and Burt now, the reason they brought these things up was because it was supposed to be benefiting the county. It didn't sound like that at the time that Burt was saying it, but actually this is what they're saying. I see people in the audience who have been listening to this all along who are also -- who have been a part of all of this process, and they are all agreeing. So I would like to hear -- let's see. Commissioner Coyle, I'm going; to put you last because this is your district. I'm going to go with Commissioner Nance. COMMISSIONER NANCE: I have a little bit of anxiety based on the fact that we're starting to talk about what is going to occur in this gentleman decides to sell the property, because I don't see that we have a clear way of buying it back from him even if that was to occur. If we take this money that we receive and it justifiably belonged to the lender, we give it to the lender, Mr. Fortino decides to sell the property, how are we to pay Mr. Fortino back? CHAIRWOMAN FIALA: We don't have to. That's just -- just what the county attorney said. Page 142 Packet Page -672- 7/7/2015 14.6.1. October 28, 2014 MR. KLATZKOW: You don't -- you've got the right to say no to an assignment, okay. If he wants to flip the property, you can say no, all right. The quirk is that if he's going to -- if you say yes, then you're going to share the proceeds of any profit. That was the change. MS. JOURDAN: One more thing. Additionally, if it does sell, the person who buys it still has to develop what Fortino said he was going to develop, so you're still getting the same development because the development is within the agreement. COMMISSIONER NANCE: Yeah, I think you're getting way -- MS. JOURDAN: The specific uses. COMMISSIONER NANCE: I think you're getting way out on a limb in requiring that of a future buyer that we don't even know what the circumstance is. I mean, there's provisions in there for a recision, there's a provision in there what happens if he doesn't do this within 36 months. I don't know. I'm looking for Commissioner Coyle to supply a little bit of comfort here that he's comfortable with this. I've got a certain measured amount of anxiety at this point. CHAIRWOMAN FIALA: We need you here, Commissioner Coyle. Move on. MR. FORTINO: Commissioners, I just want to add one other thing. And let's understand one another here. I stand here before you with my vision today. And what normally happens is that, you know, Fortino Construction and Development and assignees takes this contract. It normally gets assigned to a development team. I'm part of that development team, whether I'm a managing member of that or I have a carried interest in that entity. So I'm here today, I'm going to be here tomorrow and two years from now when it's developed, or five years from now. And when it's -- you know, I'll see to its full completion. That's what my intentions are. Page 143 Packet Page -673- 7/7/2015 14.B. I. October 28, 2014 My intentions are not to do a flip and make some money. Again, I have my name, my integrity. I stand before you today. I'd love to stand before you on other projects in the future. My name is my bond. My word's my bond. That's how I do business. COMMISSIONER NANCE: Put it in the contract that you're not going to sell it. MR. FORTINO: Well, you have provisions in that contract says if I do sell it, I have to come before you to get your permission. My intentions are not to sell it and flip it. I want to be part of this. I think that this is going to be an iconic project here in the City of Naples, and I want to be part of that process. To me, it's very important. CHAIRWOMAN FIALA: Does that mean you can't even sell it unless we give you permission to sell it? MR. FORTINO: Within the provisions -- you have that language in the provisions, exactly what you just said, Commissioner. CHAIRWOMAN FIALA: Okay. MR. FORTINO: And my -- again, my intent -- CHAIRWOMAN FIALA: That answers Commissioner Nance's question. MR. FORTINO: -- it to take this, put it inside a development, LLC, because, unfortunately, I can't write a check for $60 million today, but my -- I will assure you that my investors can. And the main goal is to get this project redeveloped, as all of the residents here are applauding my vision. So, again, I stand here before you. My intent is not to flip it, sell it. My intent is to create something of value, a catalyst project that will change that area that's blighted currently. I hope that we understand each other, because that is my intent. CHAIRWOMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You know, we've taken something that was really on a fast track for approval, and you have screwed it all Page 144 Packet Page -674- 7/7/2015 143.1. October 28, 2014 up; you really have. It's going to be difficult to dig out of this hole, and I'm very, very disappointed. But let me tell you where I think the opportunities and risks really are. Mr. Fortino or anybody else cannot build what we want to build there unless we get Parcels 7 and 8, okay. End of story. If you don't get 7 and 8, what anybody builds on the parcels we sell to them will not be acceptable to the people who have been working on this for so long. CHAIRWOMAN FIALA: That's true. COMMISSIONER COYLE: So if you lose 7 or 8, you really don't have much going for you. Now, Mr. Fortino can get 7 and 8, but he's not going to get it -- make the commitment unless we sell him our parcels, okay. So what is the risk? We sell him our parcel, he gets 7 and 8, and he has an opportunity to build what he says he's going to build. If he doesn't do it within 60 months, that's completion, then he's not in compliance. Then we can buy back what we sold him for $5.2 million, and the chances are that the property will be worth more than that five years from now. So there won't be really a risk to us to do that. And, hey, if it's worth significantly more five years from now, it's not going to be very difficult to get financing for that, particularly if the tax base of the CRA has increased during that period. So I don't see a downside here, but I am really disappointed at these last - minute changes that just confuse things. And what I -- what I have before me in this packet, in my opinion, is acceptable. Any discussions about selling it to somebody else and splitting whatever profits, I think, are just extraneous and have confused the thing to the point where it's really, really frustrating, not to mention the fact that I don't like people coming in and, at the last minute, start fiddling with the contract, because it leaves me with the uneasy impression that they're trying to get away with something, okay. Page 145 Packet Page -675- 7/7/2015 14.B.1. October 28, 2014 So what I've got here before me says that ifyou don't begin construction within 36 months and if you don't complete within 60 months, we can find you in noncompliance, and we can buy that property back for exactly what you paid for it. And we'll get to enjoy any increase in price, and we can work with somebody else to get this done. The only thing that would be better would be if you threw in Parcel 7 and 8 for that $5.2 million. COMMISSIONER NANCE: I think that's what we ought to do, Commissioner Coyle. I believe -- no, really. Let's talk about having a little faith here, if Mr. Fortino wants to talk about faith. Let him go out and buy Parcels 7 and 8 while we're finishing up this contract, and then we'll know if he's for real or not, now, don't we? CHAIRWOMAN FIALA: No, he can't buy them until he's got this. COMMISSIONER NANCE: Oh, yeah, he can. COMMISSIONER COYLE: Well, I'd love to do that, but I -- my`' conscience won't let me do that because I -- COMMISSIONER NANCE: Okay. I just wanted to see what your demeanor was in your last meeting, see how mean you were really going to be. COMMISSIONER COYLE: I'm trying to be fair and -- too. COMMISSIONER NANCE: I know. COMMISSIONER COYLE: -- I want to treat the realtor fairly, COMMISSIONER NANCE: I'm just teasing you. COMMISSIONER COYLE: Yeah, I understand. CHAIRWOMAN FIALA: Let me ask you one question. You made a motion before to split this, right, and I seconded it. Did we ever vote on that? COMMISSIONER COYLE: You didn't. CHAIRWOMAN FIALA: Go ahead. Page 146 Packet Page -676- 7/7/2015 14.6.1. October 28, 2014 COMMISSIONER COYLE: So, once again, i would say split it from the realtor's fee, if there's any heartburn concerning the realtor's fee. But I -- you know, this is my last day in office, last day at a board meeting, and I'm not going to be voting on anything after this, but I'd really encourage you to be fair to the realtor. When you enter into a business arrangement and people do what they said they're going to do, then you ought to do what you said you were going to do, end of story and -- whether you've got a signed contract or not. But the -- I make a motion that we approve the contract in its current form, not as it was changed or attempted to be changed, but with the changes -- the minor wording changes that were previously announced here, and that we resolve the issue with the sales commission at a later date. CHAIRWOMAN FIALA: Okay. So you're -- that's split -- that's still your first -- COMMISSIONER COYLE: That's the split. CHAIRWOMAN FIALA: Okay. And I seconded that before. COMMISSIONER COYLE: Okay. MR. OCHS: Madam Chairman? CHAIRWOMAN FIALA: Yes, sir. MR. OCHS: May I? Again, I want the board to understand that this provision that is giving many of the members concern about splitting some potential profits on a future sale if the board were to allow the property to be sold did not come from Mr. Fortino. It came from the staff in an attempt to try to protect the board from some flipping action if the board even approved a future sale. And if the board is uncomfortable with that, I would suggest you just direct us to strike that altogether. You still have the provision to buy it back at $5.2 million, that's what you paid for, and we can move on. COMMISSIONER COYLE: Well, in my copy I don't have that. Page 147 Packet Page -677- 7/7/2015 14. B.1. October 28, 2014 MR. OCHS: It's not there, yes, sir. COMMISSIONER COYLE: So it's this last - minute change that bothers me. MR. OCHS: Well, we can strike it. COMMISSIONER COYLE: And, furthermore, if they can't flip it without our approval, we don't need that provision because we can withhold our approval till we get a participation in the profits. MR. OCHS: Absolutely. And, moreover, even if you were -- as Jean said, even if you agreed to sell it at a future date, the requirements to develop to the specifications in this document run with the property, not with the owner, so there's still a requirement even for a future developer, if it's not Mr. Fortino; if the board permitted that, they still have to build to these standards. COMMISSIONER COYLE: I understand, but that is not realistic. CHAIRWOMAN FIALA: Gentlemen, could we first vote on the first thing and then back to that? COMMISSIONER COYLE: Call the question. CHAIRWOMAN FIALA: Okay. COMMISSIONER HENNING: I have a question. CHAIRWOMAN FIALA: All in favor of splitting this. COMMISSIONER COYLE: Well, it's not splitting it; it's approving it. CHAIRWOMAN FIALA: No, you had said first to split, right? COMMISSIONER COYLE: Well, you're approving -- CHAIRWOMAN FIALA: That's what I was trying to -- COMMISSIONER COYLE: -- the purchase contract. CHAIRWOMAN FIALA: Oh, okay. I'm sorry. I'm sorry, I didn't -- and approving the purchase. Okay, then I'm sorry that I interrupted you. MR. OCHS: Well, except the document in your packet, Page 148 Packet Page -678- 7/7/2015 14.6.1. October 285 2014 Commissioners, I believe, still has the provision on the commission. Let's check that, Jennifer, please. CHAIRWOMAN FIALA: No. And we can add to that. I spoke with Crystal Kinzel. And Crystal said, in order to do that, we could say, in addition, the BCC agrees to pay the 6 percent commission to Premiere Properties for the marketing and services rendered on the triangle properties, and that would make it legal to pay. COMMISSIONER HENNING: Who's opining on that? CHAIRWOMAN FIALA: Crystal. COMMISSIONER HENNING: Crystal is opining a legal opinion? MR. KLATZKOW: I have. CHAIRWOMAN FIALA: I think Dwight did. COMMISSIONER HENNING: He's not our attorney. Is that right, Commissioner Hiller? COMMISSIONER HILLER: Hey, he's your boyfriend. That's between you and him. COMMISSIONER HENNING: No, he's my fishing buddy. COMMISSIONER HILLER: No, he's your boyfriend. MS. KINZEL: Just to clarify, Commissioner, obviously, anything is -- it is all contingent upon your determination of policy. There are some contract issues that the county attorney brought up, and we had worked with them that if everything was okay and you agreed to the commission, to get around the contract irregularities and issues, you would have to make a separate motion in order to make it able to be paid. But nothing happens at the Clerk's Office until you make a decision on what to pay forward. We were just trying to work with the CRA and the County Attorney's Office so that we could make a payment if that is the board's decision to do, okay. COMMISSIONER COYLE: That is about worth as much as we Page 149 Packet Page -679- 7/7/2015 14. B.1. October 28, 2014 just paid for it, okay. You want to call the question? CHAIRWOMAN FIALA: Yes, Commissioner. COMMISSIONER HENNING: I have a question on the contract. Last page of the -- it was Packet Page 894. Provision 15.02. It's saying that the Exhibit C is conceptual and -- the conceptual site plan in Exhibit D. And the final development plan must be submitted to CRA executive director -- we don't have an executive director -- prior to submittal of the building permit. So this proposed person, is it going to be the final say of approving the site plan? Mr. Fortino, can you tell me if that's your understanding is that at that point it would be strictly administrative? MR. SAUNDERS: Commissioner, what we were trying to do -- this was a request of the staff -- was to make sure that the CRA board or executive director, or whatever that person is called, or the board, would have an opportunity to take a look at the Site Development Plan and make comments to your staff. Site Development Plans are administratively approved by your staff. They're very technical documents. But we wanted to make sure that the CRA had an opportunity to take a look at it to make comments on it. So there's no veto power on the part of the CRA. COMMISSIONER HENNING: Well, that needs to be changed then. That language needs to be changed. First of all -- MS. JOURDAN: It should be CRA board. COMMISSIONER HENNING: Hang on. We don't have an executive director, okay, so I don't know why that's in there. It's saying the executive director shall review the final Site Development Plan for compliance. I -- that isn't what I heard. MR. KLATZKOW: Jean, would you put the change on. You read a change into the record earlier on this. MS. JOURDAN: Yeah, I read that in there to be operations Page 150 Packet Page -680- 7/7/2015 14.6.1. October 28, 2014 manager. MR. KLATZKOW: That's fine. Could you put it on the overhead. COMMISSIONER HENNING: Is that all of it right there? MR. KLATZKOW: And who is the CRA operations manager? MS. JOURDAN: That is myself. I would prefer it to be the board, the CRA board. COMMISSIONER HILLER: How are we doing this here at this time? I think we should either continue this or deny it. COMMISSIONER HENNING: Well, the final site plan, we have staff to review site plans. And, quite frankly, one of them is a fire plan reviewer. They review some of these site plans. I don't know why that's in there. It doesn't even need to be; 15 doesn't even need to be in there. Again, this is not ripe. MR. SAUNDERS: Commissioner, again, we put that in there at the request of the county. We have no problem striking that language at all, none whatsoever. So if you just strike that, that's fine. It's -- that's something to give you -- the CRA the extra assurance that they could take a look at what's going on, that's all that was, and it was at the request of the county. COMMISSIONER HENNING: I'm done. I'm ready to vote. CHAIRWOMAN FIALA: I'll tell you, this is so important to that whole area, and I'd hate to see, because of all these things that have gone on, that it doesn't pass. It would -- it would be a very difficult thing for this whole area to have to lose that project; I will say that. Is there any other comment coming from anybody? (No response.) CHAIRWOMAN FIALA: Okay. All in favor of the motion, vote aye. COMMISSIONER COYLE: Aye. CHAIRWOMAN FIALA: Aye. Page 151 Packet Page -681- 7/7/2015 14.B.1. October 28, 2014 And it goes down 3 -2. COMMISSIONER HENNING: I didn't vote. CHAIRWOMAN FIALA: Okay. All those against? COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN FIALA: That's 3 -2. And I'm so sorry, because that whole area loses. MR. SAUNDERS: Just for the record, could we have a roll call so we know who voted or how -- CHAIRWOMAN FIALA: Certainly. Roll call votes, and we'll start at this end. COMMISSIONER COYLE: Aye. CHAIRWOMAN FIALA: Commissioner Coyle, aye. Donna Fiala, aye. Commissioner Henning? COMMISSIONER HENNING: No. CHAIRWOMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: No. CHAIRWOMAN FIALA: And, Commissioner Nance? COMMISSIONER NANCE: No. CHAIRWOMAN FIALA: Do you want reasons for each one of those? COMMISSIONER NANCE: I want to make a motion to bring it back at the next meeting under a better contract. COMMISSIONER HENNING: I'll second that motion. COMMISSIONER NANCE: I think the contract just needs some work. I feel just so uneasy about all the changes that are going on, and I'm not sure staff or anybody else is prepared to understand the ramifications of what we're even talking about or have they thoroughly considered the ramifications. That's why I'm making a motion to bring Page 152 Packet Page -682- 7/7/2015 14. B.1. October 28, 2014 it back at the next meeting. COMMISSIONER HENNING: And I second that motion. CHAIRWOMAN FIALA: We have a motion and a second. Can you bring that back at the next meeting? MR. FORTINO: Well, Commissioners, we have certain challenges. And, you know, my investors have been patiently waiting. And, you know, it's been from, you know, being here full -time, boots on the ground, you know, full -time resident that I've been assuring them that this project -- you know, that it would move forward. You know, we waited a long time and, you know, we're here today with these other two pieces of property that were challenging in itself to try and tie up. And, again, business terms and contractual terms, I think those are things that we tried to put forward to make the staff and everyone in the county as comfortable as possible to get this project going. But, again, money doesn't sit around forever. For those investors, if they're not -- you know, if they feel that they're uncomfortable in waiting, then there goes my investors. So, again, you know, another month goes by, and then we're looking at Christmas and everything else, so -- CHAIRWOMAN FIALA: Well, I would suggest then if -- the only way you're going to get this vote -- it looks like there's three here that say absolutely nothing now, and -- but when you come back November 18th, have a real clean thing. Go talk to them beforehand, make sure that everybody's concerns are met so that when you bring it back -- because we know that you've got support from your -- your Community Redevelopment Agency's board of advisors; that's good. Everybody wants to see this move forward. I hate to see it languish any longer, but you've got three people that say absolutely not, and -- MR. FORTINO: Let me just say this one last comment. My vision, our vision is not going to change whether it was when we Page 153 Packet Page -683- 7/7/2015 14. B.1. October 289 2014 started this hearing today, right now, or it's going to be next month. The vision's going to remain the same. And I think everybody's objective is to get this project to become successful for everyone. So, again, in the spirit of getting a contract and having everyone comfortable with the terms and conditions of that contract, can we at least move forward to get these terms ironed out? Because, to me, I think that we all share the same vision. We all want the same thing. I think it's a matter of just the contractual terms, ironing them out. And because we wanted to make people happy, I think we put things in there that were a little convoluted for the commissioners. And, again, my intent was not to have that done. We wanted to get a clean -slate contract, move forward, get everybody done. But the vision remains there. My vision, your vision, everyone's vision here is the same; that's not going to change. The only thing is, it's another 30 days. So, again, I would ask if you would reconsider what I'm saying, and we can iron this out within the next week, but let's move forward with an agreement because, in concept, I think we all agree. So it's just the terms that we can make each other feel comfortable with. I'm trying to make this as easy as possible. Maybe it wasn't the way to go. So I think if we just work a little bit more on the language to make the commissioners feel more comfortable, I think that that's -- and, again, I don't blame you, but I would reconsider and say, please, let's look at this and maybe we can work it out with the terms, because that seems to be the way to go. CHAIRWOMAN FIALA: Mr. Fortino, a couple people here wanted to speak. Commissioner Henning was the first one. COMMISSIONER HENNING: Yeah. I think we're on the same page; however, don't even try to meet with me and, say, give me promises not in a public meeting. I want to have that dialogue in the public meeting so it's on the record. And I would hope that the county Page 154 Packet Page -684- 7/7/2015 14.6.1. October 28, 2014 manager would provide a little bit more assistance with this issue. You have some great staff I think you could put on it and straighten it out and give us the final points when it comes back. CHAIRWOMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: I agree with Commissioner Henning. I'm prepared to support it. I wanted to have every reason to support it, I'm just so uncomfortable with some of the confusion and some of the things that I don't think have been provided for here, so I just -- I just would like to see staff take another bite at it and move forward as fast as we can. I apologize to you for that but, listen, you're dealing with the government, and it's at the speed of dark. So this won't be the last time we have a little glitch. CHAIRWOMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Just so you know, that there's nothing we can do at this point in time to approve a contract with you, but it won't be another month. It will, 18 -- well, 20 days. So you need to work this thing out, and please try to discourage our staff from wanting to change a bunch of stuff. We should never do this at the last minute. There should never be these kinds of discussions at the last minute. You just can't get things approved that way. But if you will do what you can do to retain the option that you have and bring this back on the 18th of November -- is that the right date? -- MR. OCHS: (Nods head.) COMMISSIONER COYLE: -- then I think you would probably get unanimous approval. But with all the confusion, you're lucky to have gotten two votes today, unfortunately, and I know it's not your fault. But in any event, good luck to you. This will be the last time we talk. MR. FORTINO: Well, I wish you all the best that life has to offer you, Commissioner. And, again, Commissioners, thank you for Page 155 Packet Page -685- 7/7/2015 14.B.1. October 28, 2014 your support. I appreciate your time today. CHAIRWOMAN FIALA: Thank you very much. And with that, the CRA meeting is adjourned. COMMISSIONER HENNING: Well, we need to take a vote on the motion. There wasn't a vote on this motion, was there? CHAIRWOMAN FIALA: Yeah. COMMISSIONER HENNING: There was? CHAIRWOMAN FIALA: Voice vote and -- COMMISSIONER HENNING: No, there wasn't a vote, was there? COMMISSIONER NANCE: A vote on my motion and your second. COMMISSIONER HENNING: Right. CHAIRWOMAN FIALA: Oh, I'm sorry. I -- COMMISSIONER COYLE: What was the motion? COMMISSIONER NANCE: The motion was to bring it back at the next meeting for review and recommendation and revote. CHAIRWOMAN FIALA: I'm sorry. You're right. Then the meeting is still in session. And all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. CHAIRWOMAN FIALA: Opposed, like sign? (No response.) CHAIRWOMAN FIALA: Okay. And that's a 5 -0. And now the meeting is closed. I have never conducted such a sham of a meeting in my life. Wow. I'm sorry. CHAIRMAN HENNING: With that said, I think we're due for a Page 156 Packet Page -686- 7/7/2015 143.1. October 28, 2014 break. Right, Terri? We're going to take a 10- minute break and be back at 3:20. (A brief recess was had.) MR. OCHS: Well, Mr. Chairman, you have a live mike, sir. Item #9C RESOLUTION 2014 -231: THE SINGLE PETITION WITHIN THE 2013 CYCLE 3 GROWTH MANAGEMENT PLAN AMENDMENT FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW AND COMMENTS RESPONSE OF THE VINCENTIAN MIXED USE SUBDISTRICT, TRANSMITTAL HEARING - MOTION TO APPROVE THE GMP AMENDMENT — ADOPTED CHAIRMAN HENNING: Okay. I think we're still on public land use items. MR. OCHS: That's correct, Mr. Chairman. We're on Item 9C, and that's a recommendation to deny the single petition within the 2013 Cycle 3 Growth Management Plan amendment for transmittal to the Florida Department of Economic Opportunity for reviewing comments response of the Vincentian Mixed Use Subdistrict. This is a transmittal hearing. CHAIRMAN HENNING: Who's going to present this? MR. YOVANOVICH: Do I go first? MR. OCHS: Yes, the petitioner goes first. MR. KLATZKOW: We do the swearing in and everything else. MR. YOVANOVICH: Are you going to -- it's legislative, but I wasn't sure if you were going to swear us or not. CHAIRMAN HENNING: This is legislative. This is not quasijudicial. Page 157 Packet Page -687- 7/7/2015 14.6.1. tsar, item i u.0 4/23/2013 EXECUTIVE SUMMARY Recommendation that Board of County Commissioners request that staff prepare and release an REP for professional real estate services so the county shall have standing contracts with both commercial and residential brokerage and property management firms, to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. The contracts shall be for a two year term. It is recommended that 2 commercial and 2 residential brokerage /property management firms shall be selected by the Board from among the applicants. The list of all applicants, to include staffs recommendation of the top ten firms, shall be presented to the Board for final selection and approval at the second public board meeting in June, 2013. Establishing such contracts for the county's benefit is in line with the county's existing practice of standing contracts with professionals such as engineers and appraisers, providing assistance and supplementing staff initiatives without the need to hire additional full time personnel. Nothing shall preclude the county from contracting with other real estate brokerage /management firms should the need arise, i.e., the need for specialized knowledge as to a specific project. OBJECTIVE: That Board of County Commissioners request that staff prepare and release an RFP for professional real estate services so the county shall have standing contracts with both commercial and residential brokerage and property management firms, to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. The contracts shall be for a two year term. It is recommended that 2 commercial and 2 residential brokerage /property management firms shall be selected by the board from among the applicants. The list of all applicants, to include staffs recommendation of the top ten firms, shall be presented to the board for final selection and approval at the second public board meeting in June, 2013. Establishing such contracts for the county's benefit is in line with the county's existing practice of standing contracts with professionals such as engineers and appraisers, providing assistance and supplementing staff initiatives without the need to hire additional full time personnel. Nothing shall preclude the county from contracting with other real estate brokerage /management firms should the need arise, i.e,. the need for specialized knowledge as to a specific project. CONSIDERATIONS: 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 it's 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. FISCAL IMPACT: The cost of professional real estate brokerage services is commission based. Since the transactions that these professionals would be called upon to help with would involve an outside broker anyway, there is no additional cost to the county to enter into such standing contracts. As to property management services, property management fees would be in Packet Page -688- 7/7/2015 14. B.1. lieu of the cost of hiring additional FTEs to provide such services, thereby reducing the county's personnel costs since the county's fixed cost for such labor would be replaced by lower variable costs. For example, the county hires landscaping contractors, rather than having a larger in- house landscaping staff, for the same reasons. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time, and requires majority support for direction. -JAK RECOMMENDATION: That Board of County Commissioners request that staff prepare and release an RFP for professional real estate services so the county shall have standing contracts with both commercial and residential brokerage and property management firms, to assist the county with the purchase, sale, lease and management of the county's significant real estate holdings. The contracts shall be for a two year term. It is recommended that 2 commercial and 2 residential brokerage /property management fines shall be selected by the board from among the applicants. The list of all applicants, to include staff's recommendation of the top ten firms, shall be presented to the board for final selection and approval at the second public board meeting in June, 2013. Establishing such contracts for the county's benefit is in line with the county's existing practice of standing contracts with professionals such as engineers and appraisers, providing assistance and supplementing staff initiatives without the need to hire additional full time personnel. 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. PREPARED BY: Commissioner Georgia Hiller, Chair - District 2 Packet Page -689- 7/7/2015 14. B.1. 6/25/2013 EXECUTIVE SUMMARY Recommendation to approve agreements for Request for Proposal (RFP) 13 -6099 Commercial and Residential Real Estate and Property Management and authorize the Chairwoman to execute the contracts with Commercial Real Estate Consultants LLC and Premiere Plus Realty Co. OBJECTIVE: To secure consultants 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. CONSIDERATIONS: At the Board of County Commissioner Meeting on April 23, 2013, (Agenda Item 10. G.), the Board authorized the issuance of a Request for Proposals for consultant services from residential and commercial (including industrial) real estate and property management firms to provide assistance to the county with the purchase, sale, lease and management of the county's significant real estate holdings. Accordingly, the Purchasing Department issued RFP 13 -6099 Commercial and Residential Real Estate and Property Management on April 23, 3013. Email notices were sent to nine hundred eighty four (984) email addresses; thirty -one (31) addresses downloaded the solicitation document; two (2) companies' submitted proposals and one (1) company submitted a "no interest" email. A Selection Committee scored and ranked the proposals, and determined that the following companies demonstrated the credentials to perform the intended scope of work and that the use of six (6 %) commission is reasonable: • Commercial / Industrial Real Estate and Property Management: Commercial Real Estate Consultants LLC (CRE Consultants), Ft. Myers, FL • Residential Real Estate: Premiere Plus Realty Co., Naples, FL Staff will bring back listing contracts (and related documents) to the Board for each property where marketing by a real estate consultant is recommended. Staff is recommending that the Board approve contracts for contract 13 -6099 Commercial and Residential Real Estate and Property Management to the above identified firms. FISCAL IMPACT: Service rates are provided in the contracts. Funds will be budgeted in cost centers that may use these services. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority vote for Board approval. —JAB GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissions approves agreements for Request for Proposal (RFP) 13 -6099 Commercial and Residential Real Estate and Property Management and authorizes the Chairwoman to execute the attached contracts to Commercial Real Estate Consultants LLC (CRE Consultants) and Premiere Plus Realty Co. and final review by the County Attorney. PREPARED BY: Joanne Markiewicz, Interim Purchasing / General Services Director Attachments: • Final Selection Committee Rank Form • Commercial Real Estate Consultants LLC (CRE Consultants); Premiere Plus Realty contracts • Executive Summary 4/23/13; Agenda Item 10.G. Packet Page -690- 7/7/2015 14. B.1. A G R E E M E N T 13-6099 go Commercial & Industrial Real Estate & PropeM Management Services THIS AGREEMENT, made and entered into on this � day of _J .- vi 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. 1 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 A greement 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. Pang 1 of i 1 Packet Page -691- ra 7/7/2015 14.B.1. 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/ 659 -1447 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 Goveriurient Center Purchasing Department 3327 Tamiarni Trail, East 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 I I Packet Page -692- Es 7/7/2015 14.B.1. 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. S. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.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 I 1 Packet Page -693- 7/7/2015 14.B.1. 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- ONnrned 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) da�Ts 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. INDEMNIFICA'T'ION. 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 C� Packet Page -694- 7/7/2015 14.B.1. 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. 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 Counts- 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 Pa -e 5 of 1 I ,^ Packet Page - 695 - �. f 7/7/2015 14.6.1. 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 6 of 11 Packet Page -696- 7/7/2015 14.B.1. 25. KEY PERSONNEUCONTRACT 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 1 I Packet Page -697- %C� 7/7/2015 14. B.1. IN XArTTNESS HEREOF, 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. ATTEST: Dwia t E. BX.ock Clerk of Courts h Dated:_ {SEAL) At esfas to Ch" sigrtaiure`afy. �� L"' ! TType /print witness name I —-� Second Witness TType /pant witne s nameT Approved as to Form and Legality: a1 Assistant County Atit�nev Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNT', FLORIDA % Bv: Georgia A. Commercial Real Estate Consultants, LLC Bv: T.pe /print signature and titleT Pa*e8ofII Packet Page -698- 7/7/2015 14.6.1. 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 ($3,300.00), 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 S e r i c e s f o r t h a t p r o p e r ty, upon the sale of the Property closing, Consultant shall be paid by Owner past - 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 I I Packet Page -699- 7/7/2015 14. B.1. 6. Project Management Fees: Administrative Fee equal to f our percent (4 °0) of the total amo7,unt 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 1.1 Packet Page -700- ��ti 7/7/2015 14.6.1. 10. Real Estate Property Manager: Manager shall employ a property manager who will perform management serv'ices at Owner's Proper y' 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 (13t") day of the first month of the contract. Paae I I of I I Packet Page -701- IoM 7/7/2015 143.1. 1A4C»J?0" lk . CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 0612012013 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(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 Phone: 239- 945 -1900 NA'MEACT David Kennedy Olin Hill & Associates Inc. Fax: 239 -945 -3163 2804 Del Prado Blvd. 91 D7 Cape Coral, FL 33904 David Kennedy PHONE 239- 945 -1900 arc No:239- 945 -3163 (A/C No Ext E ADDRESS: INSURER(S) AFFORDING COVERAGE I NAIC A INSURER A: American States Insurance Co. 109084 INSURED Commercial Real Estate Consultants LLC dba CRE Consultants INSURER B A INSURER C FINSURER D: 10`1CI33913740 Six M lie Corporate Park `12140 Carissa Comm Ct Ste 102 Fort Myers, FL 33966 INSURER E PREMISES(E.oaurrence $ 200,000, MED EXP (Any one person) $ INSURER F ' CLAIMS-MADE-F-1 OCCUR — ro Amore r^r DTI CIr' ATC All IMI 0 CD- RPl /IFInN NIIMRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIIIHSTANDING 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL N ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER fMMIDDIYYYY MMtDDIYYYY LIMITS GENERAL LIABILITY 3327 Tamiami Trail cast Naples, FL 34112-4901 EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENE AL LIABILITY 10`1CI33913740 04123!2013 04`123!2014 PREMISES(E.oaurrence $ 200,000, MED EXP (Any one person) $ CLAIMS-MADE-F-1 OCCUR PERSONAL a ADV INJURY $ 1,000,0001, j GENERAL AGGREGATE $ 2,000,000 = EN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/Or AGG $ 2,000,QODi, COMBINED SINGLE LIMIT (Ea accident $ ($ PRO- POLICY I EC7 ! LOC AL/TOMOBILE LIABILITY � 1 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED E ALTO AUTOS "� ICON OWNED HIRE AUT— i AUTCS , NROPcP Y DAMAGE r"eractid.nt) I `< It �1 A I UMBRELLA LIAB EXCESS LIAR GL UT _LAIN +,S -MADE 101 SU41842540 04/23/2013 ( 0412312014 TACH vC CURRENC° $ GPE�.A:E $ 3,000,000 D. D I x I PETE N'10N $ 1 a,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETLIRIPARTNEPIE)`-.CUi1VE ✓\1 TATU- !OTH- R I �R '.. ACCIDENT EACH AC OID NT $ i E,L DS AS , EA EMPLOYEd $ D= TICERIMEMB`P. EXCLUDED? (Mandatory in NH) NIA I E.L. D � P = - FO ' .LIMIT �I YCE d- scribe under DESCRIPTION F OPE2ATbCKS Delnw I � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Col'_i =_r Cot1.^.ty Board of Col:.. ^.ty Commissioners is named as additional insured .._-_ Genera--, Liabi__ty, as req'. =_red by written contract. _ COLLI -4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Govemment Center AUTHORIZED REPRESENTATIVE Purchasing Department 3327 Tamiami Trail cast Naples, FL 34112-4901 U 19tft3 -ZVIU AL;UKU L,UKF UKA I TUN. AN rigors reserved, ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Packet Page -702- n 1.1 7/7/2015 14.8.1. LIABILITY INSURANCE DATE fMM /DUIYYYYI CERTIFICATE OF 07/0112013 - CERTIFICATE iS ISSUEC AS A MATTER OF INFORMATION ONL Y P.ND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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(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 CONTACT Risk Management De anment PHONE FAX (A /C No Ext): (866) 443 -8489 I (A(C. No): 8D0 889 -0O21 ADn Risk Services Northeast, Inc. New York NY Office 199 Water Street ADDRESS: �vo2Vcomv.WtrtneI.com New York, NY 10038 -3551 INSURERS AFFORDING COVERAGE NAICp INSURED __ INSURER A: Commerce & Industry ins Co 19410 TriNet HR Corporation and all its affiliates and subsidiaries' INSURER B: Illinois National Ins Co -- 23817 Commercial Real Estate Consultants LLC (Endorsed as alternate - -- - INSURER C: Ins Co State of Penn 19429 employer) INSURER D: Nat'l Union Fire Ins Co 19445 DBA CRE Consultants 9000 Town Center Parkway INSURER E: New Hampshire Ins Co 23841 Bradenton, FL 34202 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested IINSR : ADOL i SUeR j POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSR I WVD POLICY NUMBER j(MM /D0lYYYY) (MMfDDMYYY) LTR EACH OCCURRENCE GENERAL LIABILITY 'DAMAGE TO RENTED S g�QMMERCIAL GEtJER ABILITY i �PREMISES(Eaoac„rrem;e) MED EXP (any one t+e+r..o�) �CCUR CLAIMS -MADE I 'PERSONAL 8 ADV INJURY '.. :GENERAL AGGREGATE ' GEN'L AGGREGATE LIMIT APPLIES PER 'PRODUCTS - COMPIOP AGG ' POLICY =PROJECT =LOC O D SINGLE LIMIT S !AUTOMOBILE UABILITI' {Each accident) ANY Al T 0 BODILY INJURY (Per person) ALL OWNED SCHEDULED 30DILY INJURY (Pe: AUTOS AUTOS accident PROPERTY DAMAGE !Per S HIRED AUTO j (accident' _ AUTOS { BEACH OCCURRENCE UMBRELLA LIAR � OC.CUR, " EXCESS LIAB CLAIMS -MADE , AGGREGATE f iDEO RETENTIONS A WORKERS COMPENSATION AMn FMRI OYFRS' : 039401238 FL 107 -01 -2013 107 -01 -2014 1 IAHILITY WC STATU• TORY LIMITS OTH- ER ANY PROPRIETC)RiPART J WEX;_C:01 VE 1­7 OFFIC;ERII.AEt.%BER EXCLUOED' N IA I ',(Mandatory In NH) i If yes, d:scrico under DESCRIPTION OF OPERATIONS below I I 'F.L EACH ACCIDFNT " 52,000,000 E.L.DISEASE- EA EMPLOYEE S2.000,00.1 E.L. DISEASE- POLICY LIMI7 �S2,0010.000 I 1 I i 'DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101, Add itional Remarks Schedule, if more space Is required). 8844 ! 7HH ° TriNel HR Ii. Inc. and TriNet HR V. Inc. RTIFICATE Commercial Real Estate Consultants LLC CRE Consultants Suite 102 12140 Carissa Commerce Ct Fort Myers. FL 33966 -5313 I I'JN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE F 7t-il b A CURD [b (z J1U,— 1..e —111 ,.. -� ...., v ^•• ........... • Packet Page -703- 7/7/2015 14.6.1. A(;'ORD I CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 16/20/13 PRODUCER PROFESSIONAL LIABILITY SERVICES THIS IS TO CERTIFY AS A MATTER OF INFORMATION ONLY AND CONFERS NO 1250 S. HIGn'AY 1 7 -92 LAKE CENTER SUITE 110 RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LONGWOOD, FL 32750 COMPANIES AFFORDING COVERAGE INSURED COMPANY LETTER A C.N.A. INSURANCE COMPANY COMMERCIAL R/E CONSULTANTS LLC LTTE COMPANY B DBA: CRE CONSULTANTS LCOMPANY C 12140 CARISSA COMMERCE CT SUITE 102 COMPANY D FT. MYERS, FL 33966 LETTER COMPANY E LETTER COVERAGES 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 SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REPRODUCED BY PAID CLAIMS, CO LTR TYPEOFINSURANCE POLICYNUMBER POLICY EFFECTIVE DATE (h(),VD POLICY EXPIRATION DATE MhfIDDIYY LIMITS GENERAL. UABILTY GENERALAGGREGATE S PRODUCTS- COMPIOP.AOO, I COMMERCIAL GENERAL UABILD Y PERSONAL& ADY. INJURY S CLAIMS MADE ❑ OCCUR- EACH OCCURRENCE I OWNER, A CONTRACTORS PROT, FIRE DAMAGE (Ay -1 Tim) S MM. EXPENSE (An— oa—) S I AUTOMOBILE LIABILITY I ANY AUTO SGtE U"DT Ep M LIMIT I ALL OWNED AUTOS BODILYROURY (Pm pcanu} S ICtiEDUL£0 AUTOS BODILYTNJUP.Y S WRED AUTOS {Yr aawrnq NDN -OWNED AL70S GARAGE LIABILITY PROPERTYDAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UdDRELLAFORM AGGREGATE OTHER THAN Uh(BRELLA FORhf ( S WORKER'S COMPENSATION STATUTORY LIMITS -• EACH ACCIDENT 5 AND y DtSEASBPMICYLIMIT S EMPLOYEE'S LIAITILYTY DISEASE. EACH EMPLOYEE 5 A PROFESSIONAL LIABILITY INSURANCE/ ERRORS a RNP 27609124912 09/01/12 09/01/13 EACH CLAIt�t' $1,000,000 DEDUCTIBL 55,000 OMISSIONS INSURANCE AGGREGATE; 51,000,000 D45CRLPT lON OF OPE KATIONy 'LOCATIDN51VEH1C1E3lSPECIAL 17Enti CERTIFICATE HOLDER i CANCELLATION COLLIER COUNTY BOARD OF COUNTY - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAT, COMMISSIONERS COLLIER OUNTY GO VEP NI�ENT CENT 1 R THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL30 _ DAYS WRITTEN NOTICE TG THL CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO NWL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF KIND UPON THE COMPANY, 17S AGENTS OR REPRESENTAT!vES PURCHASING DEPARTMENT AUTHORIZED TAtvIIAMI TRAIL EAST i NAPLES, FL 34112-4901 ACCORD 25•S,'7190) i ACORD CORPORATION T99C Packet Page -704- 7/7/2015 143.1. A G R E E M E N T 13-6099 for Residential Real Estate Services THIS AGREEMENT, made and entered into on this o� day of 2013, by and between Premiere Plus Realty Company, authorized to do b siness in the State of Florida, whose business address is 370 12th Avenue South, Suite 101, Naples, FL 34102, (the "Consultant ") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner "): 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 Residential Real Estate 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 Countv Purchasing Policv and Administrative Procedures in effect at the time such services are authorized. Packet Page -705- G 7/7/2015 14. B.1. 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: Premiere Plus Realty Company 370 2201 Avenue South, Suite 101, Naples, FL 34102 239/77/7-5852 Telephone John Burton NaplesMarco @gmail.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 & 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, tiN riting. Packet Page -706- 7/7/2015 14.6.1. 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, F.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 tlurtv (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. Pa4P 3 of 9 Packet Page -707- 7/7/2015 14.B.1. 12. INSURANCE. The Consultant shall provide insurance as follows: 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 - renew=al 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 /Contractors 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 Paae 4 of 9 Packet Page -708- 7/7/2015 14.6.1. claimed breach of this Agreement by Consultant, any statutory or regulatory violations, 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. 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 Page 5 of 9 VPacket Page -709- 7/7/2015 14.B.1. 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. 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 6 of 9 Packet Page -710- C_10�11 7/7/2015 14.B.1. 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 9 Packet Page -711- 7/7/2015 143.1. 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 v'ear, first above written. BOARD OF ATTEST: COLUEIZIC Dwight E.:, Brock; Clerk of Courts By: DO-- Geo'r'gi a .9s.. as Lol;,�nat "n n's -'i TTy pe pril'i witness / i itness nameT Secon dtness - 44 TType/ print' witness nameT Approved as to Form and Legality: Assistant County 0rney Print Name Pale 8 of 9 -Y COMMISSIONERS , FLORIDA Hiller, Esq., Chairwoman Premiere Plus Realty Company By: PAP 1, Signature D4VIV 4eoAaW,-CS. TType/print signature and titleT Packet Page -712- EXHIBIT A Fee Schedule 13 -6099 Residential Real Estate Consultants Real Estate Fee Residential - real estate fee percentage applied to all real estate transactions Paee 9 of 9 Packet Page -713- 6% 7/7/2015 14.B.1. 7/7/2015 14.6.1. CERTIFICATE OF LIABILITY INSURANCE DATE 9!24!12 PRODUCER Real Estate Support Systems, Inc. 2170 W State Road 434 Suite 300 Longwood, FL 32779 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE INSURED Premiere Plus Realty Inc/Ruby Realty & Referral Inc 370 12th Ave South Ste 101 Naples, FL 34102 INSURER A: CNA - Continental Casualty Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT WITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH THE RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT OT ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIM POLICY EXPIRATION DATE (MMIDDrrO LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR _ EACH OCCURRENCE FIRE DAMAGE (Arty one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER POLICY JECT LOC PRODUCTS- COMPIOP AGG. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (EA. accident) BODILY INJURY (Per Person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA. ACCIDENT OTHER THAN E0. ACC AUTO ONLY: AGG EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE _ AGGREGATE WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC ST ATU- H- TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT M pq OTHER ERRORS & OMISSIONS rnp24984710712 1019/12 10/9/13 OCCURRENCE $1,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATION I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS A $5,000 DEDUCTIBLE APPLIES ADDITIONAL INSURED: INSURER LETTER: SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE PROOF OF INSURANCE ONLY THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE. Packet Page -714- 7/7/2015 14. B.1. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Packet Page -715- �' °�� CERTIFICATE OF LIABILITY INSURANCE DATE 7!7/2015 14.B.1. 6/2, 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(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 AL DELEON AND ASSOCIATES, INC. 4060 TAMIAMI TRAIL STE 5 NAPLES FL 34103 CONTACT DEBBIE L SMITH NAME: PHONE . (239)368 -5775 ac Nd: (239)368 -3720 E-MAIL ADDRESS Smitd145 @aldeleonias.com INSURERS AFFORDING COVERAGE NAIL R INSURER A MOUNT VERNON FIRE INSURANCE CO MM/DD/YY INSURED PREMIERE PLUS REALTY CO 370 12TH AVE SOUTH SUITE 101 NAPLES FL 34102 INSURER 8: INSURER C: INSURER D: INSURER E: INSURER F $ 1,000,000 1-r3VFRA(-,FS CFRTIFI f- ATF NI IMRFR -CT.13 b2I US 924 RFVICI(TN NI IMRFR- 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ASR WVD POLICY NUMBER MM/DD/YY MM/DCD/YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 $ COMMERCIAL GENERAL LIABILITY PREMISES fEa occunenco $ 100,000 A CLAIMS -MADE J OCCUR R P013U6034 6/27 /2013 /27!2014 MED EXP (Any one person) S 5,000 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG IS 7$ POLICY 7 PRO- LDC Is AUTOMOBILE LIABILITY COMBINED SINGLE UM1T Ea accident) BODILY INJURY (Per person) Is ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 1 $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident _ $ $ UMBRELLA LIAR OCCUR I EACH OCCURRENCE $ $ EXCESS UAB CLAIMS -MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION V/C STA'U- OFH-I AND EMPLOYERS' LIABILITY Y / N — $ ANY PROPRIETOR/PARTNEWEXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE 1, Yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ i I I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) CERTIFICATE HOLDER IS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. admire @pprmail.com ;'COLLIER COUNTY BOARD OF COUNTY COMMISSION 3327 TAMIAMI TRAIL EAST NAPLES, FL 34112 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE SMITH /DLS ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. IAI-Rn25 mnlrn ' ni TF.a ACr'%QM n . ­4 Innn >'rn rnnictn�n.f mar'ira of Af.rlRrt l Packet Page -716- 7/7/2015 14.B.1. Packet Page -717- IDS Property Casualty Insurance Company 3500 Packerland Drive De Pere, WI 54115 -9070 Cathy M Gallus David Gallus 92 Buttercup Ct Marco Island, FL 34145 -3420 RENEWAL DECLARATION FLORIDA POLICY NUMBER: AX00127273 POLICY PERIOD: 05/16/2013-11J1612013 12:01 AM Standard Time LAPSE IN COVERAGE: NONE 7/7/2015 14.B.1. FOR CLAIMS SERVICE CALL: (800) 872.5246 FOR CLIENT SERVICE CALL- 1-800-535-2001 CARS I'VE INSURE 8 2004 HONDA 19 2004 HONDA 110 2005 LEXUS CRY CRY RX 330 COVERAGE/LIMIT BODILY INJURY LIABILITY $222.00 1 $160.00 $204.00 $250,000 EACH PERSON $500,000 EACH ACCIDENT PROPERTY DAMAGE LIABILITY INCL INCL INCL $100,000 EACH ACCIDENT PERSONAL INJURY PROTECTION $94.00 I $68.00 $86.00 $10,000 AGGREGATE $0 DEDUCTIBLE WORK LOSS INCLUDED SUPPLEMENTAL MEDICAL EXPENSE UNINSURED MOTORIST - Non - Stacked $250,000 EACH PERSON $500,000 EACH ACCIDENT CAR DAMAGE COLLISION (COV. D -1) DEDUCTIBLES CAR 94500 94500 10 -$500 OTHER THAN COLLISION (COV. D -2) / WINDSHIELD FULL GLASS COVERAGE DEDUCTIBLES CAR 8 -$500 9 -$500 10 -$500 TOWING AN'D LABOR COSTS RENTAL EXPENSE $40 PER DAY /$1200 PER OCCURRENCE NONELECT $75.00 $89.00 $16.00 NONELECT $13.00 HURRICANE CATASTROPHE FUND ASSESSMENT i S6.62 i TOTAL SEMIANNUAL PREMIUM PER CAR $515.62 TOTAL SEMIANNUAL PREMIUM ALL CARS - $1902.42 ad4352 NONELECT $75.00 $64.00 $16.00 NONELECT $13.00 S ±5.15 $401.15 Coverage is provided only when both a premium and limit are shown. Packet Page -718- NONELECT $75.00 $116.00 $20.00 NONELECT $13.00 $6.68 $520.68 04/02/2013 — 1. Cathleen M Gallus ^- 2. David R Gallus 7/7/2015 14.B.1. YOUR POLICY HAS THE FOLLOWING DISCOUNTS: MULTI -CAR, ELIG -ACCD FORGIVENESS, TENURE 2004 HONDA - DUAL AIRBAG, ABS, ANTI - THEFT DEVICE 2004 HONDA - DUAL AIRBAG, ABS. ANTI -THEFT DEVICE 2005 LEXUS - DUAL AIRBAG, ABS, ANTI -THEFT DEVICE 2008 LEXUS - DUAL AIRBAG, ABS, ANTI -THEFT DEVICE YOUR POLICY HAS THE FOLLOWING ENDORSEMENTS: AMENDATORY ENDORSEMENT SPECIAL EQUIPMENT /CUSTOMIZATION: NONE NONSTACKED UNINSURED MOTORISTS COVERAGE LIENHOLDER INFORMATION 2004 HONDA CRV - America Honda Finance Corp Roswell, GA 2004 HONDA CRV - America Honda Finance Corp Roswell, GA 2005 LEXLIS RX 330 - Premiere Plus Naples, FL Countersigned by: '/— - on 04/0212013 (LICENSED AGENT) adgn02b -FL Packet Page -719- — QUALIFIES FOR SAFE DRIVING HISTORY CAR INFORMATION CARS KEPT AT LOCATION OTHER TITAN RESIDENCE 2004 HONDA SHSRD78884U219870 2004 HONDA SHSRD78874U219049 2005 LEXUS 2T2HA31U15C042186 2008 LEXUS JTJGW31UX82850408 YOUR POLICY HAS THE FOLLOWING DISCOUNTS: MULTI -CAR, ELIG -ACCD FORGIVENESS, TENURE 2004 HONDA - DUAL AIRBAG, ABS, ANTI - THEFT DEVICE 2004 HONDA - DUAL AIRBAG, ABS. ANTI -THEFT DEVICE 2005 LEXUS - DUAL AIRBAG, ABS, ANTI -THEFT DEVICE 2008 LEXUS - DUAL AIRBAG, ABS, ANTI -THEFT DEVICE YOUR POLICY HAS THE FOLLOWING ENDORSEMENTS: AMENDATORY ENDORSEMENT SPECIAL EQUIPMENT /CUSTOMIZATION: NONE NONSTACKED UNINSURED MOTORISTS COVERAGE LIENHOLDER INFORMATION 2004 HONDA CRV - America Honda Finance Corp Roswell, GA 2004 HONDA CRV - America Honda Finance Corp Roswell, GA 2005 LEXLIS RX 330 - Premiere Plus Naples, FL Countersigned by: '/— - on 04/0212013 (LICENSED AGENT) adgn02b -FL Packet Page -719- IDS Property Casualty Insurance Company RENEWAL DECLARATION 7/7/2015 14. B.1. 3500 Packerland Drive De Pere, WI 54115 -9070 Cathy M Gallus David Gallus 92 Buttercup Ct Marco Island, FL 34145 -3420 CARS WE INSURE COVERAGEILIMIT BODILY INJURY LIABILITY $250,000 EACH PERSON $500,000 EACH ACCIDENT PROPERTY DAMAGE LIABILITY $100,000 EACH ACCIDENT PERSONAL INJURY PROTECTION $10,000 AGGREGATE $0 DEDUCTIBLE WORK LOSS INCLUDED SUPPLEMENTAL MEDICAL EXPENSE UNINSURED MOTORIST - Non- Stacked $250,000 EACH PERSON $500,000 EACH ACCIDENT CAR DAMAGE COLLISION (COV. D -1) DEDUCTIBLES CAR 124500 OTHER THAN COLLISION (COV. D -2) WLNDSHIELD FULL GLASS COVERAGE DEDUCTIBLES CAR 12 -$500 TOWING AND LABOR COSTS RENTAL EXPENSE $40 PER DAY /$1200 PER OCCURRENCE HURRICANE CATASTROPHE FUND ASSESSMENT TOTAL SEMIANNUAL PREMIUM PER CAR TOTAL SEMIANNUAL PREMIUM ALL CARS - $1,902.42 ad0352 FLORIDA POLICY NUMBER: AX00127273 POLICY PERIOD: 05/16/2013 - 11/16/2013 12:01 AM Standard Time LAPSE IN COVERAGE: NONE 12 2008 LEXUS RX 400 HYER $180.00 INCL $76.00 NONELECT $75.00 $93.00 $22.00 NONELECT $13.00 $5.47 $464.97 Coverage is provided only when both a premium and Limit are shown. Packet Page -720- FOR CLAIMS SERVICE CALL: (800) 8725246 FOR CLIENT SERVICE CALL: 1- 800 -535 -2001 04/01'2013 7/7/2015 14.B.1. FLORIDA , UTCty OBIL.F. INSURA \C'i i.13. C.NRT➢ IDS Pr8�erty Casualty ]nzurance Cornpanv Policy Number: AXIN1177273 -0-1626 LfTectivc Date: 115/16/21113 Personal Injury Protection � Benefits,"Property Damage Liability t.1 Bodily Injury Liability ;named Insurs d: Cathy M Gallus David Gallus 92 Buttercup Ct Marco Island, FL 34145 -3420 Y s►�r Make Vebieie ldentirw*tina Nem ►rr NOT :,YVA 1D moRE TIIAN 6 MO. FROM £FFEC'TIVE DATE Packet Page -721- CERTIFICATE OF LIABILITY INSURANCE =q 7/7/2015 14.6.1. 7/2' 13 nROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Real Estate Support Systems. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2170 W State Road 434 Suite 300 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Longwood, FL 32779 ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE AISURED INSURER A. CNA - Continental Casualty Company INSURER B: Premiere Plus Realty Co. and Ruby Realty & Reterrai, Inc, INSURER C- 370 12th Ave South Ste 101 INSURER D' Naples, FL 34102 INSURER E OVERAGES 'H£ POLICES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT WITHSTANDING ANY tEQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH THE RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY IERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT OT ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH IOUCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE Of IN R POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYY) POLICY EXPIRATION DATEIMMIDDIYY) LIMITS GENERAL LIABtUTY EACH OCCURRENCE COMMERMAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) MED EXP (Any one person) CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES P POLICY PRO LOC JECT PRODUCTS • COMP /OP AGO. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA. accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS I! Per amdent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA, ACCIDENT ANY AUTO OTHERTHAN EA. ACC AUTO ONLY: AGO EXCESS LIABILITY OCCUR ❑ CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND 7 WC TA U• OTM• EMPLOYERS LIABILITY ITORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE ---- ._ - - - -- E.L. DISEASE • POLICY LIMIT OTHER ERRORS &OMISSIONS tnp24984i 30712 1019/12 L 10/9,`13 OCCURRENCE $1,000,000 INSI IRANCE AGGREGATE $2.000.000 IESCRIPTION OF OPERATIONS I LOCATION t VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS A $5.000 DEDUCTIBLE APPLIES —POLICY VEERBIAGE sUPERSEIDES CERTIFICATE !NFORMATiOAt" A Collier County Board of County Commission 3327 Tamamt Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 'HALL IMPOSE NO OBI IrATiON OR LIABILITY OF ANY KIND UPON THE INS'ld;� S AC,=:TS OB/° k :ENTATIVt s AUTHORIZED Packet Page -722- 7/7/2015 14.B.1. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this , ertificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Packet Page -723- BCC 7/7/2015 143.1. Item 16.B.4 Community Redevelopment Agency (CRA), approve a time extension Change Order #2 to a Work Order issued off Contract 409- 5262 -CI between the Collier County Community Redevelopment Agency (CRA) and Agnoli, Barber & Brundage (ABB) for Design Services associated with the Colorado Avenue Improvement Project in Immokalee. Extending the contract to December 21, 2014 4) Recommend the Collier County Community Redevelopment Agency (CRA) approve an Exclusive Right of Sale Listing Agreement authorizing Premier Plus Naples Realty, LLC, to market and sell CRA owned property located at 4265 and 4315 Bayshore Drive consisting of 17.89 acres. As detailed in the Executive Summary 5) Recommendation that the Collier County Community Redevelopment Agency approve the sale of one single - family lot located at 2605 Van Buren Avenue to A.P. Richter Holding Company, LLC; authorize the CRA Chairman to execute all documents necessary to facilitate the sale and authorize staff to deposit funds received from the sale into the appropriate account and approve all necessary budget amendments. The purchaser is currently building a single family home on the street and wants to build a similar house on this lot C. PUBLIC UTILITIES DIVISION 1) Recommendation to award RFP # 13 -6095, annual contract for underground utilities parts and supplies, to Ferguson Waterworks, Inc. Required for repairs and maintenance at county regional water treatment and water reclamation plants and throughout water distribution networks and the wastewater collection system 2) Recommendation to approve a work order under Request for Quotation 908 -5011 -109 in the amount of $332,100 to Kyle Construction, Inc., for Tamiami Wellfield Meter Replacement Project No. 70085. Per the permit issued by SFWMD to replace flow meters on 30 wells which will provide the latest in technology and improve operational decisions Page 12 January 14, 2014 Packet Page -724- 7/7/2015 14.B.1. Timeline of Events with Mr. Anthony Fortino and the Sale of the Gateway Triangle. March 1311, 7pm Discussing the CRA 17 acre old CAPA site with Debra March 14th -17th Email correspondence concerning LOI for the CAPA site March 20th Meeting with Deb and Fortino on the Gateway Triangle now he has focused efforts on the Gateway with intentions to put forth a contract on the CAPA site once sale is complete March 26th Walk on site and Review of the stormwater and credits and tax differential rebate. March 28th Meeeting with Jean Jourdan concerning the CRA Advisory April 1St meeting to talk about the proposed purchase and vision Allegro Senior Living as investor March 29th Helped Deb and Anthony Fortion on the presentation April 1St Presentation Packet sent to all 10 CRA Advisory Board members April 2nd Research on the height restrictions for the Gateway, by CRA and Planning April 2nd Presentation was presented to CRA and the Board passed Unanimously April 5th Requested information on the Front two parcel of the Gateway from Jean Jordan to start negotiations on the assemblage April Sth Worked Jean at the CRA on the Right of Entry for Gateway and CAPA site April 9th Review with Mr Fortino and the CRA on the environmental from the FDEP April 10th Phone Conference call on the 1807 Tamaimi Trl with attorney representing the owner April 14th Signed Contract for from Fortino on the 1807 Tamaimi Trl 1.66 acre site April 17th Deposit Verification on the CRA Gateway Site and the 1807 Tamiami Site with Passidamo April 17th Communication from Jean at the CRA that the Purchase Agreement is forth coming from the county attorneys office. April 21St Fortino requesting time for the BCC meeting and I am working with staff on the Purchase Agreeemnt forth coming. April 22nd Negotiating the purchase of the 1807 Tamaimi site for a igned contract, direct the attorney to speak with Jean at the CRA to understand the area and the values April 25th Debra Sofrza contacts the owner of 1705 Tamiami Trl, and starts the rounds of negotiating for the sale May 5th Preparing for the CRA Meeting May 61h for presentation and review of renderings May 5th Attorney for the 1807 Tamiami counter offer and negotiations. May 6th CRA advisory board meeting with renderings and conceptual of what site will look like. CRA was pleased and gave their approval. \ May 7th Review of the appraisal from the county Appraiser on the Gateway Triangle. May 8th Review of the Counter offer for 1807 Tamaiami with Anthony Fortino and Debra May 8th LOI for CAPA site presented to CRA for $3,000,000 May 13th Addiational negotiation on 1807 Tamaimi with sellers attorney. May 15th Additional work with county staff and Anthony Fortino on the language of the purchase agreement concering the county Gateway Triangle May 19th Talk and reviewed the flight paths from the Naples Airport Autority from Kerry Keith Director. Notifying the developer of the potential noise from that location. Packet Page -725- 7/7/2015 14.8.1. May 20th Review of the purchase agreement by request of Anthony Fortino and Debra Sofrza May 28th communication from Jean at the CRA on review of the executive summary for the June 10th BCC meeting and that Commissioner Fialla office wanted to know the nature of the meeting requested by Anthony Fortino and myself. May 28th confirmed a meeting with Jack Ward of the tourist development council on the need and review of hotel component in that location. May 29th Met with Jack Ward on Horseshoe drive and set up a subsequent meeting the Bruce Register for another review and the economic benefit for the county May 28th Review of David Weeks and Ray Bellows email regarding the uses for the site under C- 4 and what will be allowed under the county requirements May 30th review and notations on corrections that need to me made with the Executive summary for the June 10th BCC meeting of the project costs from 215mm to 55mm June 18th Additional negotiations with 1807 Tamaimi Trl contract. June 24th BCC Meeting for time certain on the Fortino offer 10:40am Item 14131 June 24th CRA Gateway leases and review for the communication with the owners, Auto Pride, Crown Cell Tower etc.. July 3rd Offer to purchase 1705 Tamaimi Trl has been counter offered Debra Sforza is negotiating July 8th 1705 Tamiami Trl has been countered and negotiated by Debra Sforza August 1St per BCC approval the Gate Way Triangle property was to be put out as public bid August 13th Introduction to Burt Saunders to Fortino by me on working and representing the closing with the county. August 13th Follow info sent to Burt Saunders on all the paperwork relating to the site August 19th Engagement letter sent Gray Robinson to represent Fortino Construction August 26th Meeting with possible Chinese investors for the hotel site at NBR August 29th Conference call with Fortino helping to finalize his proposal bid to the CRA Packet Page -726- 7/7/2015 14.B.1. August 29th Bid by Anthony Fortino was hand delivered directly to the CRA for acceptance. No other bid was made other than Fortino September 9th Talks with adjacent property with Marina across from the Gateway Triangle to include in the overlay September 11th Talks with the attorney representing 1807 Tamami Trl on site plans Septem 19th Communication from Jean at the CRA concerning the Auto Repair shop to move to a location with SIC7532 that is required for C4 zoning September Corepondence for a Broker Price Opinon on the Hyatt Site and October 10th 1705 Tamiami has now been executed for purchase. October 15th DRAFT Agreement and Declaration for your review from the County Attorney's office October 17th Meeting with possiable investors for the project site October 26th Helped plan site plan and story board for advisory board for review. October 27th 6pm CRA advisory board meeting. Site plan and strategy was October 28th BCC meeting on for purchase agreement that has Commissions with in the document to be heard by the board. October 281h Request from Anthony Fortino to get 90 day extensions on 1705 and 1807 Tamaimi Trl for feasibility studies because of the lag time from the county on the Gateway agreement. Packet Page -727- 7/7/2015 14.B.1. From: John H. Burton To: DurharnTim; BeloedioJennifer Subject: Fwd: DRAFT LANGUAGE Gateway Triangle Date: Monday, June 29, 2015 12:28:18 PM Attachments: Gateway Trianale AGREEMENT OF SALE AND PURCHASE 10- 13- 14.docx CASL Declaration of Restrictions Gateway Trianale.docx TimneLine and Events with Mr.docx Hello Tim, Can you please use this time line with the addition to the October 15th Email below. Concerning Real Estate brokers commissions in the agreement of sale. Thank you. ---- - - - - -- Forwarded message From: JourdanJean <JeanJourdan(kcolliergov.net> Date: Wed, Oct 15, 2014 at 3:10 PM Subject: DRAFT LANGUAGE Gateway Triangle To: Anthony Fortino < afortino&fortinoconstruction.com> Cc: "John H. Burton" <naplesmarco&a gmail.com >, Burt Saunders <Burt.Saunders(,gra3�- robinson.com> Hi Anthony: Attached you will find the DRAFT Agreement and Declaration for your review. Please be advised that this language has not been reviewed by the County Attorney's office, but has been reviewed by the Real Property Management Department. If you could review this at your earliest convenience and get comments back to me it would be greatly appreciated. Cordially. Jean Jourdan, AICP, Interim Director Bayshore /Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek MSTU 3570 Bayshore Drive Unit #102 Naples, F134112 Packet Page -728- 7/7/2015 143.1. 239- 643 -1115 Website: BGTCRA.com Under Florida Law. e -mail addresses are public records. If you ao not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page -729- 7/7/2015 14.B.1. A Sampling of the Broker Commissions for Property Sales for Local Governments in Florida County/ Fee /Commission Municipality on Property Sales Notes City of Largo 6% - property value more than $1.5 M. 6.0%-8.0% 7% - property value from $500K to $1.5M (CRA) 8% - property value up to $499,999.99 Citrus Co. 6.0% Collier Co. 6.0% Fort Walton Beach 5.0% The goal of the Real Estate Brokerage Commission City of Ormond Beach 5.0% Program is "to encourage commercial realtor participation for future recruitment of business prospects to industrial property owned by the City." If there is a cooperating broker the commission is split Escambia Co. 4.75% 4.0% to the contract broker and 2.5% to the cooperating broker. TCD 06.28.2015 Packet Page -730-