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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-082CITY OF TAMARAC, FLORIDA 1,7 r, RESOLUTION NO. R-2012 - w 0, w. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD AND EXECUTION OF AN AGREEMENT TO PROVIDE DEVELOPMENT CONSULTING SERVICES FOR THE TAMARAC VILLAGE PROJECT WITH G1 P, L.L.C. (GROUP ONE) IN THE AMOUNT OF $2149000 FOR PHASES I AND II PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage economic development within the City; and Temp. Reso. # 12221 June 27, 2012 Page 1 and promote WHEREAS, the best interest of the City and its residents is served through activities that promote economic growth; and WHEREAS, the City has embarked on the Tamarac Village Mixed Use Development project as a means to achieve new economic development within the City; and WHEREAS, the services of a firm to provide development consulting services for the Tamarac Village project will result in a coordinated effort to foster economic development activities for the Tamarac Village project; and WHEREAS, the City issued a Request for Proposal (RFP) #11-02R for Development Consulting Services for the Tamarac Village project, requesting consultant qualifications in compliance with Florida Statute 287.055, the Consultants Competitive Negotiation Act (CCNA) on March 8, 2011, (attached hereto as Exhibit "1 ", incorporated herein and made a specific part thereof); and WHEREAS, the RFP was formally advertised on the City's web -site and in the South Florida Sun Sentinel on March 13 and March 21, 2011; and Temp. Reso. #12221 June 27, 2012 Page 2 WHEREAS, the City received responses from the following six (6) firms: Crimson Capital, Ltd. And the IBI Group, Inc., Pompano Beach, FL G 1 P, L.L.C. (Group One), Winter Park; FL Jones Lang LaSalle, Orlando, FL Keith and Schnars, P.A., Fort Lauderdale, FL MBA Development Partners, LLC, Boca Raton, FL Redevelopment Management Associates (RMA), Pompano Beach, FL; and WHEREAS, the Evaluation Committee, comprised of the Assistant City Manager, the Director of Community Development, the Director of Financial Services, and the Community and Economic Affiars officer, received oral presentations and ranked the response received from G1 P, L.L.C. (Group One), as the first place response, (a copy of said response is attached hereto as Exhibit "2", incorporated herein and made a specific part thereof) with a synopsis of all rankings (attached hereto as Exhibit "T; incorporated herein and made a specific part thereof); and WHEREAS, in accordance with the requirements CCNA, contract terms and pricing must be negotiated with the first ranked firm after the final ranking is determined; and WHEREAS, negotiations have been completed with G1 P, L.L.C. (Group One); and WHEREAS, the work under this Agreement will be segmented into five (5) Phases, with City Commission approval to be sought at each phase, as follows: Temp. Reso. # 12221 June 27, 2012 Page 3 Phase I. Development visioning Phase 11. Design team selection and preliminary design process Phase Ill. Entitlement and public awareness campaign Phase IV. Permitting and partnering activities Phase V. Construction management and co -development activities; and WHEREAS, City staff and G1 P, L.L.C. (Group One) have agreed upon a price not to exceed $214,000 for Phases I and 11 of the project; and WHEREAS, it is the recommendation of the Evaluation Committee and the Purchasing and Contracts Manager to award RFP 11-02R to G1 P, L.L.C., (Group One) to provide Development Consulting Services for the Tamarac Village Project and approve the Phase I and II project cost in an amount not to exceed $214,000; and WHEREAS, it is recommended that the appropriate City Officials execute an Agreement with G1 P, L.L.C. (Group One); and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP 11-02R to G1 P L.L.C., (Group One) and to authorize the appropriate City Officials to execute an Agreement to provide for Development Consulting Services for the Tamarac Village Project, (a copy of said Agreement is attached hereto as Exhibit "4" incorporated herein and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. # 12221 June 27, 2012 Page 4 SECTION L The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: hereby approved. The award of RFP 11-02R to G1 P, L.L.C. (Group One) is SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with G1 P, L.L.C. (Group One) to provide for Development Consulting Services for the Tamarac Village project and approve Phases I and 11 of the Tamarac Village project cost in an amount not to exceed $214,000 for Phases 1 and 11. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this // ATTEST: PETER M. J. RI CITY CLERK M. CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM Temp. Reso. #12221 June 27, 2012 Page 5 day of c u r ETH ALA SCO, MAYOR , 2012. RECORD OF COMMISSION VOTE: MAYOR TALABISCO'' (--- DIST 1: COMM. BUSHNE L='.-y DIST 2: COMM. GOMEZ--` DIST 3: V/M GLASSER- DIST 4: COMM. DRESSLER x. �X 0 0 PURCHASING AND CONTRACTS DIVISION Date: March 8, 2011 REQUEST FOR PROPOSAL RFP 11-02R RFP NO. 11-02R ALL QUALIFIED PROPOSERS: Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, April 7, 2011 for: VIENT CONSI VICES FOR TAMARAC VILLAGE MIXED DEVELOPMENT The City is soliciting a Request for Proposal to obtain the services of a qualified firm in accordance with the requirements of F.S. 287,055, the Consultant's Competitive Negotiation Act (CCNA) to provide comprehensive development consulting services for the proposed Tamarac Village Mixed Use Development. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 P.M. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www,tamarac.orq. For inquiries, contact the Purchasing Office at (954) 597-3570. Sincerely, Keith K. Glatz, CPPO - Purchasing and Contracts Manager Publish Sun -Sentinel: Sunday. March 13 2011 and Sunday. March 20,.2.01 hi��SWf+iryY � ��GC��a���Cdt i t of 7525 N.W. 88th Avehue I Tamarac, Florida 33321y2401 I P: 954.597.3570 I F:.954.597.3555 EQUA1. OPPO NIIY OAPLOYER A City of 7-smarac Purchasing and Contracts Division REQUEST FOR PROPOSAL 11-02R DEVELOP :NT CON 3 SERVIC TAMARAC VILLA( DEVELOPMENT MIXED USI Definition -'A Request for Proposal is a method of procurement permitting discussions with responsible Proposers and revisions to proposals prior to award of a contract. This Request for Proposal shall be evaluated based on qualifications criteria, and is issued pursuant to the requirements of Florida Statute 287,055, The Consultants Competitive Negotiation Act (CCNA). Proposals will be opened in private. An initial award recommendation will be based on an evaluation of all proposals and the determination of the highest ranked, best qualified firm based on the qualifications based criteria set forth herein. Pricing shall not be considered in the evaluation of this proposal; however, the successful firm shall not be awarded an Agreement unless the City and firm are able to reach mutual agreement during price negotiations to be held with only' the highest ranked firm. I. INTRODUCTION The City is soliciting a Request for Proposal to obtain the services of a qualified firm to provide comprehensive development consulting services for the proposed Tamarac Village Mixed Use Development, II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Mr. Keith Glatz, CPPO, FCPM, Purchasing & Contracts Manager, at the Purchasing and Contracts Division at (954) 597-3567 or Mr. Andy Berns, Public and Economic Affairs Officer at (954) 597-3513. Contact with the Public and Economic Affairs Officer shah only be made upon approval of the Purchasing and Contracts Manager, and shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597-3565 or email to p,urchasinci.tamarac.,org. III. SCHEDULE OF EVENTS* The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued Deadline for Written Questions Deadline for Receipt of Proposals Evaluation -of -Proposals— -- Presentations by Short-listed Proposers Final Ranking of Firms March 10, 2011 March 24, 2011 April 7, 2011 April 81 2011 Apri 120, 2011 _ ..._. (if applicable) April 21, 2011 April 25, 2011 Contract Negotiation April 26, 2011 —May 27, 2011 Anticipated Award by Commission June 22, 2011 *All dates are tentative. City reserves the right to change scheduled dates. 2 0 0 0 0 0 City of Tamarac Purchash2 and Gontracts Division IV. INSTRUCTIONS TO PROPOSERS STANDARD TERMS AND CONDITIONS RPP 11-02R Our vision and Mission Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Fission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Fakes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal wilt ultimately contribute to the overall quality of services provided to the entire community, The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. 1, GENERAL TERMS AND CONDITIONS --- Theses General Terms and Conditions apply to all -offers made to the City of Tamarac by all prospective Proposers, including but not limited to, Requests for Quotes, Requests for Proposal and Requests for Bid. As such the words "bid", "proposal" and "offer" are used interchangeably in reference to all offers submitted by prospective Proposers. The City of Tamarac reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re -advertise for proposals, to enter into contract negotiations with the selected Proposer or take any other, actions that may be deemed to be in the best interest of the City of Tamarac. 3 Cif of Tamarac Furchasi2g and Contracts Division Any and all special conditions in this RFP or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 2. DEFILED TERMS Terms used in these Instructions to Proposers are defined as follows: 2.1 "offeror" - one who submits a Proposal in response to a solicitation, as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. 2.2 "Proposer'' — one who submits a Proposal in response to a solicitation. The terms "Offeror'' and "Proposer" are used interchangeably and have the same meaning. 2.3 "Successful offeror" or "Successful Proposer'- the qualified, responsible and responsive Proposer to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2.4 "city" - the City of Tamarac, a municipal corporation of the State of Florida. 2.5 "Proposal Documents" - the Request for Proposal, Instructions to Proposers, Proposer's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug -Free Workplace, Proposer's Proposal, Proposal Security and Specifications, if any, and the proposed Contract Documents (including all Addenda issued prior to opening of Proposals). 2.6 "Contractor" - the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 3. SPECIAL CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Proposal, each Proposer shall become familiar with the site (if applicable to the project) to become familiar with the facilities that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work; and must promptly notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the - Proposal Documents. 4.2. The Proposer, by and through the submission of a Proposal, agrees that Proposer and its potential sub -contractors, as may be applicable, shall be held responsible for having examined the site and appurtenant facilities (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with any other relevant conditions required to successfully perform the work. 4 r� u I r] 0 -I* City of Tamarac .. Purchasing and Contracts Division 5. . OMISSION of DETAILS / VARIANCES AND EXCEPTIONS 5.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified, 5.2 For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Proposer meets all the requirements in every respect. 8. INTERPRETATIONS AND ADDENDA If the Proposer is in doubt as to the meaning of any of the Proposal Documents, believes that the General Conditions, Special Conditions and/or Technical Specifications contain errors, contradictions or obvious omissions, or has any questions concerning the information contained in the RFP documents, the Proposer shall submit a written request to the Purchasing &+Contracts Division Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the Purchasing & Contracts Division Office prior to the deadline specified in the "Schedule of Events" provided herein for the submission of written questions. Questions received after that date may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum transmitted via either fax or email to all parties recorded by the Purchasing & Contracts Division Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 7. COSTS AND COMPENSATION (HIGHEST RANKED FIRM) 7.1. When information about costs and compensation may be requested from the highest ranked firm, such costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and compensation shall remain firm and fixed for acceptance for 60 calendar days after the day of the Proposal opening. —__--Any-price proposal requested, from the highest ranked firm shall include all --- franchise fees, ' royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. 8. NON -COLLUSIVE AFFIDAVIT Each Proposer shall complete the Non -Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal. 5 Ci2 of Tamarac Purchasiog and Contracts Division 9. PUBLIC ENTITY CRIMES In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 35 months from the date of being placed on the convicted vendor list. 10. CONFLICT of INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. PERFORMANCE BONDS AND INSURANCE Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds and/or payment bonds as may be required by the City. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified. 12. SUMMARY of DOCUMENTS To BE SUBMITTED WITH PROPOSALS The following is a summary of documents required to be submitted for this proposal. Failure to include a technical proposal, bid surety (if required herein), or any other document that, by its omission, may prejudice the rights of other respondents, may result in immediate rejection of your proposal. other forms or documents which, by their nature do not impact price or the Proposer's cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City's request to be considered responsive. 12.1 Firm Qualifications and Experience 12.2 Certification Forms 12.3 Certified Resolution Form (or firm's own Corporate Resolution) 12.4 _Proposer's Qualifications Statement Form & References 12.5 Vendor Drug Free Workplace Form 12.6 Non -Collusive Affidavit Form 12.7 Proof of applicable insurance. 12.8 Listing of any Sub -Contractors or Subcontractors to be utilized. 12.9 The City reserves the right to request the most recently completed audited 6 is 0 0 u 4b City of Tamarac .. Purchasing and Contracts Division financial statement, or other approved documentation to verify financial viability. 13. SUBMISSION OF PROPOSALS 13.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by the Proposer should be initialed. 13.2 All proposals shall be submitted in the English language. 13.3 Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the firm in matters of this nature. The address and telephone number for any communications regarding the Proposal must be included . 13.4 Proposals shall contain an acknowledgment of receipt of all addenda. 13.5 Proposals by corporations must be executed in the corporation's legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company's own Corporate Resolution. 13.6 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. 13.7 Proposals shall be submitted to the Purchasing & Contracts Division Office on or before the time indicated in the Request for Proposals, Proposals shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope should be clearly marked on the exteriorwith the applicable solicitation name and number. The envelope should state the name and address of the Proposer and should be include all documents as specified in the Request for Proposals. Purchasing and Contracts Division staff is not responsible for the premature opening of a Proposal that is not properly addressed and identified. 13.3 In accordance with Florida Statutes, Chapter §119.07(1 )(a) and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Statute §119.07(t). 13.9 All Proposals received from Proposers in response to the Request for Proposal will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall -_-----becorneAhe- exclusive property of City. 13.19 The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of proposal preparation and/or presentation. 7 _qity of Tamarac I ' ' ` Purchasing and Contracts Division 14, MODIFICATION AND WITHDRAWAL of PROPOSALS 14.1 Proposals may be modified or withdrawn by a duly executed document signed by a corporate officer or other employee with designated signature authority. Evidence of such authority must accompany the request for withdrawal or modification. The request must be delivered to the Purchasing & Contracts Division Office at any time prior to the deadline for submitting Proposals. Withdrawal of a Proposal will not prejudice the rights -of an Proposer to submit a new Proposal prior to the Proposal opening date and time. No Proposal may be withdrawn or modified after the date of proposal opening has passed. 14.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer files a duly signed, written notice with the Purchasing & Contracts Division Office, and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of City, by clear and convincing evidence, that there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal, but the intended correct Proposal is not similarly evident, Proposer may withdraw its Proposal and any bid security will be returned. Thereafter, the Proposer will be disqualified from further bidding on the subject Contract. 15. REJECTION of PROPOSALS 15.1 To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non -responsive, or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 15.2 City reserves the right to reject the Proposal of any Proposer if City believes that it would not be in its best interest of to make an award to that Proposer, whether because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of the solicitation. 16. QUALIFICATIONS of PROPOSERS 16.1 Each Proposer shall complete the Proposer's Qualifications Statement and submit the form with the Proposal. Failure to submit the Proposer's Qualifications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. 6.2 As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer's officers and/or employees, by the Froward County Sheriffs Office. Proposer's submission of a proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer's qualifications. 15.3 No proposal shall be accepted from, nor will any contract be awarded to, any 8 0 0 0 0 0 Cit of Tamarac Purchasirq and Contracts Division person who is in arrears to City for any debtor contract, who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed .irresponsible for unreliable by City. city will be the sole judge of said determination. 15.4 City reserves the right to make a pre -award inspection of the Proposer's facilities prior to award of contract. 15.5 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. -Proposer shall be responsible, to the City for the acts and omissions of all employees working under its directions. 17. INSURANCE 17.1 Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Proposer, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 17.2 Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by this proposal or by the City's Risk Manager before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk Manager current certificates of all insurance required .under this section prior to beginning any work under this Agreement. 17.3 Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any Sub -Proposer to obtain or maintain such insurance. 17.4 The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain .during the term of this contract: Line of Business/ coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Occurrence $11000,00o Prod ucts/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest clause Automobile Liability Workers' Com pensatlon & Liability Employer's s $1,000,000 Statutory Aggregate $1,000,000 $1,000,000 City of Tamarac PurchasiiV and Contracts Division 17.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.6 Neither Proposer nor any Sub -Proposer shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposer will ensure that all Sub - Proposers will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.7 All insurance carriers shall be rated at least A-VI.I per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.8 The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 17.9 The Proposer shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. 17.10 Proposer is to provide professional services under this Agreement, and therefore must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable only for Professional Liability. 17.11 The Successful Proposer agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City. 18. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION: Proposer shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Proposer any sub - Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Proposer in the performance of the Work; or c). liens, claims or actions made by the Proposer or any sub -contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this 0 cif of Tamarac PurchashV and Contracts Division agreement shall be borne by the Proposer. 18.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 18.3 The Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 18.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's nights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 19 INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 20. WARRANTIES 20.1 Successful Proposer warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. 20.2 Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with fi� Cif of Tamarac Purchasing and Contracts Division any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract, 20.3 Successful Proposer warrants to City that federal, state and local laws, regulations obligations under the Contract. it will comply with all applicable and orders in carrying out its 20.4 All warranties made by Successful Proposer together with service warranties and guarantees shall accrue to the City and the successors and assigns of City. 21. CONDITION of ANY MATERIAL SUPPLIED TO CITY As may be applicable, any materials and products which may be supplied by the Proposer in conjunction with this proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Proposer shall furnish all guarantees and warranties to the Purchasing and Contracts Division for any materials delivered prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 21- -- TA s--_ - .. . Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. The City of Tamarac is exempt from the payment of State of Florida sales tax. 12 0 0 0 gLt of Tamarac Purchasing and Contracts Division 24. PERMITS, FEES AND NOTICES As applicable to the project, successful Proposer shall secure and pay far all permits and fees, licenses and charges necessary for the proper execution and completion of any work. The costs of all permits, fees, licenses and charges shall be included in the successful Proposer costs except where expressly noted in the statement of work, or in instances when the City and the successful Proposer mutually determine an alternative method for payment of such costs. 25 PERFORMANCE Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the proposal award. The City may, by written notice to the Proposal, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 26. TERMINATION FOR CAUSE AND DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Successful Proposer neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by of written notice of such neglect or failure. 27. TERMINATION FOR CONVENIENCE OF CITY This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Successful Proposer for such termination in which event the Successful Proposer shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Successful Proposer abandons this Agreement or causes it to be terminated, the successful Proposer shall indemnify the city against loss pertaining to this termination. 28. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding., 29. AUDIT RIGHTS City reserves the right to audit the records of Successful Proposer, relating to this - ------ - contract; -at--any time during .the term of the Contract, and for a period of three (3) years after completion of contract. If required by City, Successful Proposer shall agree to submit to an audit by an independent Certified Public Accountant selected by City. Successful Proposer shall allow City to examine and review the records of Successful Proposer at any and all times during normal business hours during the term of the Contract. 13 gLtZ of Tamarac ' Purchasin and Contracts Division 30. ASSIGNMENT 30.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without City's prior written approval. 30.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Proposer and City may, at its discretion, cancel the Contract. All rights, title, interest and obligations of Successful Proposer shall thereupon cease and terminate. 31. EMPLOYEES Employees of the successful Contractor shall at all times be under its sole direction and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees. The City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 32. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 33. GOVERNING LAIN: The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida. 34. STANDARD AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Sample Agreement document. Proposers shall be responsible for complying with all of the terms and conditions of the Sample Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Proposers shall note any deviation or variance with the Sample Agreement document at the time of bid submission. 36. INFORMATION REQUESTS AFTER DUE DATE Following .a recommendation for award, Proposers may download the evaluation results directly from the Internet at http://www.tamarac,orq. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from_.__the_ provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §12.o57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 36. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or 14 0 0 0 2Ltz of 7"amarac Purchasing and Contracts Division temporary reduction in budget. In such an event, the total cost for the affected p rY 9 service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget, 378 38. 0 0 CONTINGENT FEES The Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. TRUTH -IN -NEGOTIATION CERTIFICATE 38.1 Execution of any Agreement by the Proposer resultant from this solicitation shall act as the execution of a truth4n-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Proposer's most favored customer for the same or substantially similar service. 38.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. Remainder of Page Intentionally Blank 15 2E of Tamarac Purchasing and Contracts Division V. STATEMENT OF WORK )EVELOPN 1.0 Overview LT )R TAMA DEVELOPMENT VI . MIXED USE The City of Tamarac has over time assembled multiple sites within the incorporated City limits as defined by the attached documentation into a consolidated redevelopment district/local activity center (Tamarac Village Center). It is desired to advance the private development of this land area through a collaboration of public and private partners into a cohesive commercial/residential mixed -use development responsive to the mixed -use development guidelines as put forth by the City. (Note: A map of the general area is included below, at the end of this solicitation.) To accommodate this objective, the City seeks to identify a single development company that can provide development, design, construction management and real estate brokerage services to assist and represent the City in this endeavor. The selected consulting company shall possess relevant experience in each of the areas of expertise as identified. The personal representatives of the selected consulting company who shall represent the company and provide the primary consulting services shall also individually and collectively possess relevant experience in each of the areas of expertise as identified. dk The City of Tamarac intends to enter into a consulting services agreement with the selected company commencing upon selection and continuing until such time as the objective is completed or the City, in its sole discretion, elects to conclude the consulting role. The proposed development is envisioned as a multiple phase initiative that would invite multiple private development and investment interests into incremental development venues therein. This process is anticipated to extend over multiple years with phases matching market and investment conditions as they become opportune. An initial phase of development shall focus on public infrastructure improvements intended to assure a "state of the art" business environment together with vested entitlements, on the defined private investment opportunities therein. Subsequent phases shall reflect the public/private components of the development vision grouped initially to create a village core of independent viability and subsequently expanded in increments that further en -fiance -the overall-o-utcome while functioning independently as.. business viable "stand, alone" ventures. 2.0 Scope of Services The assembled lands together with the public rights of way that interconnect the various parcels and extend to primary arterial collectors will require a comprehensive strategy that integrates multiple professional contributions into an overall project outcome that responds 16 0­ 0 0 h City of Tamarac r urchasiI22 and Contracts Division to existing visioning objectives by the City, evolving market conditions, highest and best use - opportunities and financially beneficial outcomes to the City. Towards this end, the selected consulting company shall evidence the ability to envision, advise, guide, provide management support, and implementation skills that help achieve the following primary objectives: 2.1 Provide overall project management leadership to the horizontal development 1 phase of all site development activities. 2.2 Evaluate existing streetscape draft design guidelines and make recommendations for changes during the initial design phase. 2.3 Provide monthly written status reports of progress to the City on behalf of the development objective. The respondent shall also be available to meet City Commission and senior city staff as needed. 2.4 Coordinate with City staff and other public Contractors on all related matters including financial, legal and development issues. 2.5 Evaluate the existing market conditions to ascertain the best overall development potential appropriate to the location and consistent with visioning aspects of the City. 2.6 Evaluate the existing site plus public infrastructure to guide a design and character approach that provides market distinction, investment interest, functional effectiveness and flexibility through projected development build -out. 2.7 Develop a written business plan and land development plan that incorporates overall development strategy, financial projections, and phased implementation schedules. 2.8 Provide assistance in the solicitation, selection, and contract negotiations of all design Contractors as may be required for the public sector obligations. 2.9 Manage the implementation of a vested land development approval supported by design team participants. 2.10 Identify 'prospective private developer/investor candidates increments of the overall development vision and undertake regional promotional initiative to bring targeted participants to transactions for sale/lease as appropriate. br the various a national and negotiated land 2.11 Oversee a public relations effort, including facilitating charrettes and public meetings, that establishes a development image and identity positioning, programs a sequence of positive public awareness events, and guides the visual and content of marketing and promotional collateral materials. 17 OtZ of Tamarac . Purchas#?R and Contracts Division 2.12 Assist in the creation of legal instruments in support of the development vision, including but not limited to: property owners' association documents, master lease agreements on public parking facilities, and covenants and restrictions. 2.13 Function as exclusive seller's broker on 'subsequent property transactions resulting from the redevelopment plan approval and marketing initiatives. 2.14 Overview private development/investment proposals, and oversee the product development objectives through design and implementation for consistency with vision and entitlement guidelines and quality assurance objectives of final executions. 10 Content of proposals Respondent should provide the following information for evaluation by the City: 3.1 Respondent qualifications- Provide a description of the responding company and its key principals including a brief history, educational and professional background, professional training (licenses, certifications, etc.) as well as anticipated sub -contractors that might be engaged to complete the work capabilities of the team. 3.2 Past Experience- Include a description of projects representing the experiences of the development principals and/or the responding company, including primary sub -contractors, which have been completed and which directly relate to the scope of services envisioned. Provide contact information for at least three business references for prior clients or their agents for projects of a similar nature independent verification. 3.3 Scope of Services- Based upon this document offer detailed commentary on the capabilities to be provided and a suggested timeline for the conduct of the work as identified through inauguration of the initial phase of horizontal and/or vertical development. To the extent appropriate, define the visioning process to be employed, property development and management approach, initial views on land use and market expectations, and potential profiles of preferred private participants in the final development solution. 3.4 Proof of insurance- Include evidence of general liability, auto liability, workman's compensation and professional liability as appropriate for the firm and for primary - sub -contractors. The -City of Tamarac shall be named as an additional -insured terms of general liability. 3.5 other information- tither data or information that will allow the City to fully evaluate respondent's credentials, area knowledge, and operating approach should be provided. 0 m 0 �0 City of 7'amarac itPurchesino and Contracts DivisiM .5 Upon completion of the evaluation and ranking of proposals, In accordance with the State. of Florida Consultant's Competitive Negotiation Act (CCNA), F.S. 287.055. The City shall then negotiate with the highest ranked respondent with the goal of awarding an Agreement for the services requested herein. The City reserves the right to terminate price negotiations and move to the next highest ranked firm in the event that the City and the firm are unable to reach agreement on an appropriate fee structure. 4.0 Goal The City recognizes the role a town center can play in the future, and plans to provide a mixed -use gathering place that will allow for retail, restaurant, office and residential development. Nationally, there has been tremendous interest in smart growth projects, and that interest has extended to Tamarac. This development is an opportunity to provide a new amenity for our residents, fostering an increased sense of community. The full MXD corridor comprises 133.57 acres available for development and redevelopment opportunities. The desired pedestrian friendly environment, in conjunction with the new Local Activity center designation will provide a sense of place never before experienced in Tamarac. The goal of this RFP is to find a suitable partner for the City to enter into an agreement to move forward the vision of the City Commission. 5.0 Services to Be Provided Project services to be provided shall include'the following: 5.1 Provide overall project management 5.2 Evaluate existing regional economic conditions, market conditions, and opportunities as related to all components of mixed use development. 5.3 Evaluate the existing site to assess the potential for various types of 5.,4 5.5 W 5.7 5.9 development, projected traffic, and potential success. Provide assistance with other design contractors as needed. Identify prospective developers and investors. Oversee public relations efforts. Function as real estate broker on subsequent transactions. Review proposals from private develop mentlinvestors. Oversee product development objectives for consistency with vision and quality assurance. 5.10 Regular herein. reports to City staff and elected officials as referenced in Section 2.3 19 City of Tamarac Purchasing and Contracts Division 5.11 Written business plan and land development plan which incorporates overall development strategy, financial projections, and phased implementation schedules. 5.12 Legal documents, such as; but not limited to: property association documents, master lease agreements, covenants and restrictions, as needed. 5.13 Architectural building design standards which will be consistent throughout the full MXD district. 5.14 Corridor study, which will articulate design plans to be utilized with the MXD district. Such study will also include common elements designed to be consistent with the MXD, but may be adopted for usage along other major arterial roadways in the City. The intent shall be to allow for a high level of design standard within the MXD district and allow for common elements to be extrapolated and used throughout the City. This will provide a more continuous sense of identity within Tamarac. 5.15 Review of existing streetscape design standards and suggested imp rovementslchanges. 5.15 Overall redevelopment plan for the entire MXD district. 0 Remainder of Page intentionally Blank 20 City of %marac Puxhasii7 and Contracts DiViSiO17 VI. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation, The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Selection shall be based solely on the Proposer's qua,lifcations and experience as enumerated in the Selection Criteria.- Price shall not be a factor in the evaluation of proposals. Proposals that are deemed not to meet completeness or compliance requirements may, at the sole discretion of the City, not be considered further. The City of Tamarac reserves the right to request additional information or clarification from any or all respondents in order to .assist with the evaluation of each respondent and their proposal. Price Negotiations with Highest Ranked Firm: Upon selection of the highest ranked proposal, the City shall negotiate a fee structure with the highest ranked firm. In the event that an appropriate fee structure cannot be negotiated with the highest ranked firm, the City shall reject the proposal, and move to the next highest ranked firm, and so on, until agreement can be reached on an appropriate fee structure. • A, VII. EVALUATION OF PROPOSALS EVALUATION METHOD AND CRITERIA An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase, which will include price negotiations. Upon successful negotiation, a recommendation for award will be considered by the City OOmmission-No-work on -this project -shall proceed -without -written authorization from - the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. 21 � 1 T:illt (ri SiT� [i]iTl Rl (sl City of Tamarac PurchasiiV and Contracts Division The City's evaluation criteria will include, but will not be limited to, the following: 1. Cornpilance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. 2. Respondent's qualifications ai rience: Respondents' prior experience in the business planning, design, development, brokerage, and construction activities as anticipated as part of this proposal will be given strong consideration. Like projects of equivalent or greater scope within the respondent's experience will be given extra consideration. )rior exi 3. Adequate Resources: Respondent's that possess the resources and abilities to provide all required services from in-house staff and with limited participation from outside Contractors will be preferred. 4. References: A history of favorable client relationships with satisfied results will be of importance based upon reference checks. B. ACCEPTAELITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 1. Acceptable; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. C. AWARD OF AGREEMENT Award shall be made by the City to the responsible Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth herein below, and subject to the successful negotiation of pricing with the highest ranked Proposer. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the, City. 22 0 0 r� u -0 � 1 ii`�h I �ZiE�f�71Ti �i[si City of Tamarac Purchasij2g and Contracts Division D. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS Compliance with Request for Proposal (Mandatory) NIA Respondent's qualifications and prior experience 70 points Adequate Resources 20 points References 10 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection committee, prior to a recommendation for award. E, DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms Which Proposers are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. P. RIGHT To REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right-td-reject any and all��Prbp&gals,-to-waive any and all informs liras not - involving price, time or changes in the work, and to disregard all nonconforming, non- responsive, or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is 23 City of Tamarac Purchasing and Contracts Division not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the -scope of this solicitation. VI I I . PROPOSAL COPIES Return One (1) Original and five (5) copies in an envelope marked with your firm's name and "RFP 11-02R, DEVELOPMENT CONSULTING SERVICES FOR TAMARAC VILLAGE MIXED USE DEVELOPMENT!' to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 881h Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz, CPPO, FCPM, Purchasing & Contracts Manager. Any addenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. Remainder of Page Intentionally Blank 4D 24 -0 City of "Famarac Purchasing and Contracts Division PROPOSAL FORM RF P 1'1-0 2 R DEVELOPMENT CONSULTING SERVICES FO' SUBMITTED BY: Company Name: Address: City: Telephone: Email: DEVELOPMENT FAX: ARAC VILLAGE MIXED USE State: Zip: The City of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? ❑ Yes NOTE: To be considered eligible for award, one (1) original copy of this proposal farm must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. 25 Ci!Z of Tamarac '. PurchashIg and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MADE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 2. Provide a Technical Proposal and Work Plan as well as the capabilities of your firm, including resumes of key personnel for the firm and primary sub -contractors. �❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. F_� 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. El 5. Fill out the Proposer's Qualification Statement and Reference Form. ❑ 5. Sign the Vendor Drug Free Workplace Form. [:] 7. Fill out the List of Sub -Contractors or Subcontractors, if applicable. 08. Fill out and sign the certified Resolution. ❑ 9. Include all necessary Financial Statements requested. ❑� 10. Include proof of insurance. ❑ 11. Provide any additional documentation requested within the Proposal Document. []12. Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. . Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. • 26 City of Tamarac ' Purchqsy22 and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last fwe years: Your Company fume Address City State Zip Phone/Fax E-mail Agency/Firm Name: Add ress City State Zip _ Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name - AgencylFirm Name:__ .. -. Address City State Zip Phone/Fax Contact Name r� u 27 City of Tamarac Purchasit and Contracts Division CERTIFICATION THIS DOCUMENT DUST BE SUBMITTED WITH THE PROPOSAL We (I), the undersigned, hereby agree to furnish the items)fservice(s) described in the Invitation to Bid. We (I) certify thatwe(l) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) CORPORATION ❑ OTHER ❑ Company Name Address 28 City, State, Z I P Federal Tax ID Number C, 0 City of Tamarac finvalupurcl gas ij and Contracts Division CERTIFIES? RESOLUTION I (Name), the duly elected Secretary of f (Corporate Title), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name}", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other Instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him1her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my .hand and the Seal of the said corporation this day of 1120 (SEAS.) NOTE: By: . Secretary _...... _..Corporate Title-.__... The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. • 29 ,City of Tamarac Purchasi2q and Contracts Division PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac f Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Check One Submitted By: El Corporation Name: [] Partnership ,address: Individual City, State, Zip [ Other - Telephone No. Fax No. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 1. If Proposer is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f} Treasurer's name: g} Name and._address of -Resident Agent: 30 0 r-� u Citv of Tamarac r. wnhoezirin anri Confirm s Dijrsinn 2. If Proposer is an individual or a partnership, answer the following: h) Date of organization: i) Name, address and ownership units of all partners: j) State whether general or limited partnership: 3. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 5. blow many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 0 6. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 7. on Have you personally inspected the site of the proposed work? DYES F NO Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO 9. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES ❑ NO 0 31 Cif of Tamarac' Purcl7asi and Contracts Division 10. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 11. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 12. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 13. State the name of the individual who will have personal supervision of the work: 14, State the name and address of attorney, if any, for the business of the Proposer: 15. State the names and addresses of all businesses and/or individuals who own an ' h f ent (5°/ } of the Proposer's business and indicate the interest of mot an ive pert o percentage re ge owned of each such business and/or individual: 16. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer: 32 I 4D 0 Citz of Tamarac Purchasing and Contracts Division 17. state the name of Surety Company which will be providing the bond, and name and address of agent: 18. Bank References: Bank Address Telephone 19. Attach a financial statement including statement showing the following items: Proposer's latest balance sheet and income a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). 20. State the name of the firm preparing the financial statement and date thereof: 21. Is this financial statement for the identical organization named on page one? ❑ YES ❑ NO 22. If not, explain the relationship and financial responsibility of the organization whose financial -statement -is provided..(e.g..,..pare.nt-subsidiary). . • 33 The Proposer acknowledges and understands that the information containeu in tube bu Lu this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or i statement that materials affects the Proposer's qualifications to perform under the misstatement y contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT PROPOSER'S QUALIFICATION STATEMENT State of County of On this the day of , 20, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary} se h is/are Subscribed to within the instrument, and he/she/they acknowledge whose name(s) that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: 34 NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath I* 0 0 Pur��as/ and Contracts Division of'amarac I NON-COLLUSIVE AFFIDAVIT State of } County of } deposes and says that: 1. )ss. being first duly sworn, He/she is the , Officer, Representative or Agent) of the Proposer that has submitted the attached Proposal; (Owner, Partner, 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person'to submit a collusive or share Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; b. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness 35 By Printed Name Title city of Tamarac Purchasing and Contracts {division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of y On this the �. day of 2 , before me, the undersigned Notary Public _ of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that helshelthey executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 36 0 0 Cit �f 7�arrrarac Purchash and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes, This requirement affects all public entities of the State and becomes - effective January 1, 1991. The special condition is as follows: IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug- free workplace programs. Whenever two or more proposals that are equal .with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug -free -workplace program. In order to have a drug -free workplace program, a business shall: 1. publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or requirey p the satisfactory in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, 1 certify that this form complies fully with the above requirements. Authorized Signature 37 Company Marne Cit of Tamarac '� Purchasing and Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) {if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4, 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(i)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contenders. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are. active in the management of an affiliate. The owner by one person of shares -constituting --a controlling -interest -in -another-person,-or a -pooling -of equipment -or - income among persons when not for fair market value under an arms length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 0 0 0 City of Tamarac Purchasil7 and Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e)z Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. - 8. Based on information and belief, the statement, which I have marked below, is true, in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. F-1 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate -of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 of THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 39 (Signature) gifZ of Tamarac Purchasit2g and Contracts Division ACKNOWLEDGMENT State of Florida County of On this the day of , 20, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose names) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) 0 Personally known to me, or Q Produced identification: (Type of Identification Produced) 0 DID take an oath, or D DID NOT take an oath 40 0 0 r� u CtE of Tamarac Purchasii2g and Contracts Division The following is provided as a reference for standard contractual form and standard requirements of the city of Tamarac SAMPLE FORM of AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TAMARAC THIS AGREEMENT made and entered into this day of , 20_1 by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "City", and a Corporation, with principal offices located at , hereinafter referred to as Consultant": WHEREAS', the City intends to ; and, WHEREAS, the City requires certain professional services in connection with and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be for a ,�.... year period beginning 320 through 120 ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in , as specifically stated in the attached hereto as Exhibit , and incorporated herein as if set forth in full. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Carder or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. ARTICLE 3 - COMPENSATION The City shall pay Consultant in accordance -with -the -provisions -contained --in the-. , which is attached hereto as Exhibit , and incorporated herein as if set forth in full. ARTICLE 4 - STANDARD of CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar 0 41 Cit of Tamarac Purchash and Contracts Division circumstances and Consultant shall, at no additional cost to the City, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5, INDEMNIFICATION 5.1. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 5.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications inclining, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4. The city and Consultant recognize that various provisions of this Agreement,' including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00)1 receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as t�t.CitY's--and-the--Consultant's -res onsibilit -to---indemni . 5.5. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 42 I* CI Gqy of Tamarac Purchasina and Contracts Division 5.6. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. ARTICLE 6 — NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to. be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 - INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the state Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying Out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, state, or United states policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant-ag-r-ees-that--it. is a --separate. and- independent.enterprise from the City_-., that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high -level of skill necessary to perform the -Mork. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the city will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. • 43 I ! 1 Citz of Tamarac Purchasing and Contracts Division ARTICLE 8 PAYMENTS 8.1 The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Article 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 8,2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. ARTICLE 8 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 — INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent contractors' Products and Completed Operations and Contractual Liability with specific...refererice-�.ofAgreement: -. This'-poli-ey-shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 44 0 0 0 0 BUM 2rty of Tamarac ' ' Purchas0g and Contracts Division 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain; for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. 10.2 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 10.3 The city must be named as an additional insured for General Liability coverage unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10A The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub - consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S'RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATIOU OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including-services---reasonably.-relateed-.to-.termination,...In-the--event-.that..the,..._ Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, 45 City of Tamarac Purchasin,g and Contracts Division should the consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (ag) days after receipt by Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE of PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - INCONTROLLABLE FORCES 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in orfailure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term 'Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its, obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 - GOVERNING LAIN AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal-aetiorj--neeess-ary-to-enforce the Agreement will -be held in Broward bounty. - - - ARTICLE 16 - MISCELLANEOUS 16.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or 46 0 0 0 Cit of Tamarac Purchasing and Contracts Division acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severability: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger; Amendment: This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 16.5 No Construction Against grafting Party: Each party to this Agreement expressly recognizes that this Agreement results. from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure -this -Agreement- and -that it has--not-paid--or-agreed-.to--pay any -person company-,.. corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 19 - TRUTH -IN -NEGOTIATION CERTIFICATE 47 City of Tamarac Purchasing and Contracts Division 38.3 Execution of this Agreement by the Consultant shall act as the execution of a truth- in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are , accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 38.4 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all work products, documents, records, disks, original drawings, specifications or other information developed as a result of this Agreement shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this Agreement shall be used only in connection with the services provided the City. ARTICLE 21 - FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 22 - NOTICE 22.1 Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to City Attorney at the following address: 48 0 r1 u ,City of Tamarac ling Purchasi2g and Contracts Division Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT: 22.2 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m, or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 22.4 Consultant shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. Remainder of Page Intentionally Blank • 49 City of Tamarac Purchasii?anti Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY Mayor and City Manager, and CONSULTANT, authorized to execute same. ATTEST: Peter M.J. Richardson, CRM, CMC City Clerk Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy. OF TAMARAC, signing by and through its signing by and through its , duly CITY OF TAMARAC Pamela Bushnell, Mayor Date Michael C. Cernech, City Manager Date: Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date Date (CORPORATE SEAL) 50 I* 0 0 City of Tamarac Purchash2g and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before nee that he/she executed the same. WITNESS my hand and official seal this , day of , 20..._. Signature of Notary Public State of at Large r Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 0 51 City of Tamarac Purchasing and Contracts Division MAP OF TAMARAC VILLAGE AREA 52 4D I 0 GROUP ONE PROPOSAL RESPONSE —Tamarac Village r� u C, �X Z 2 OWI TAMARAC City For r , y;+�t' : i I , i "♦ lr t""r . a ':+ s- _,l ♦ t1 �4� �,. l:r X r ,.'a .t'x, t ^ I f� 9r ,., 7it. r3 'ftr, t _ , a • i k '1, t . t' Y fir• t4 r> ' t' izf •�,I'�^ �+a�l .v ri"rK r-r,r :} - '...ti ka`_ i.a '' Qr' is a;, R•' -iF4 tr :r <.. r/ { t +� li: =' 2 '. _. ,: a .i.; r I i �" 4 i f L•� r r-� ,... {i v ` .�•. .' x : t ir• y. 3„ kt >' �t.. ` I. t {,. n. '• t ♦ r'^� x � _•.� irl, ���, ILI l> uJ ` r ,'' ♦ t r,'y 11 !'. >t r>,' ', , t 7il 1 � K..,. ' -' ' ` ! ,• _ ,r, . k i r to q l � 7 t, - - - Z r • J �•: 44, ! 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C * y of Tamar P�rcl��sin ��ta� Contracts ,division OMPA Y NA E: {Please Print}: P �� G ISO U ' r ..4078329868,--�Fax: 407-628-1471. - .arr.rr w BEFORE SUBMITTING. YOUR PROPOSAL, MAKE. SERE YOUR. 1: rofull r ' a the : "ortorcal Terms o ' dit!Cns:, pbcjaj CondillQns and tea . Y ant r v� t l r Pro ova[ a d r ry Mao.�c.s Well �� the c pabijities O YOur 2 P p i t primary�-sub-obntractorsf_ : an.e �nvoll�sve Affviit rly oa t nthobr.f Fill out Sign -th-e, Cert flcation .page.-.'�Failur.� to do 0 'u�riil result, :art �a�r�' Bid being, deemed nonwresponsive. 'ill auta crs�ulifttl r `item t aid ,Rfncrrr.: ` $Jon,. Free Workplace Form, .. (.r1� f. t:.. ... , Li t-of $, b-Contr"-'tors ' . u on#r ctors, if applifcabl4. [-8.ii1 Sufi endigr:. ire rtlflutlom hide.: 1. scary FInAn' cla.l Statetne' nts re .ues ed. i�rovid, e ansdditiosC r�. gcurn rat.. # + ra u t d 'ft p ' the Pr Asa ' Docu en , . 1 1 ors inal A D the numb r: f c� utie�qutdr tkro+�sal. !l lnstructl€ l is, Cldarl mark the.algid' contaf or ith n L _# o '" NUMBER'. AND PROPOSAL SA�. NAME. .6n the, outsida �f the. pd Ica r��. , t r cur r' osal is ubmitte,d:P to thel adllr a;. "a te r p+asals i ! n accepted.. r rQp a t[q- y p re.o ive.ie#r GR0UP CANE :t'urchasin and Contracts Mar'a,ger• Cit" of Tamarac 75'15 NW 8'8"' —ve ' c; 13.33211420i Re. Request N :�'r pasat,: ,1� 2R IT 0 whom, it may cpnceM .. 4 response to :the orn al posting o :the rcferet' ed FP Grp p {one (G lP?Lt i please to .S-4brrut this packacre of in or atjIon as prewi [bid i -the ref�rei� ed t p tr c t. -Foy L Mare ihall One yCU, the principal�,of Go'tip One hive been. en���ec� �v�iI' c'i� -staff in effo s to A� lYz*e , Evan ate ValW ConceptuMly nmion, future ��a a and c�ante�t, �c�x�t���ctWifl Assemble, ,aad Ms s' t� Wlth ,+ i��gs n a vari t pf private per els as ete��rnz:ned crit to the lnau,,Oruratjofi of the overall OM.znun%tv aVision. Du614,g this tirrie wa ety a situ es` and: - intlto-ate a�w r ss. of the real gestate, IN su pro ding emogra�hl , t e ire ring consl�er �10 1). �,Iu� ��� s�aflt :�►ri��ltr�s# have been :asslr aIlat d, re uitin lr� a sound, � detsrat�dxn ypf both the c°ball x� e aid the opportuni of , e I Net objective; p ontained with �t s Aka e are arn� le rnate�-r�is that were p •odnced du�•��1gthl� eri���e�ent zvidetic'ei :cif . i� [ � e input and ` �ti vi�ies;. They- are Viso " erect as future �i s��tiing Lbols in w, `ghing the neater. potential ��.���� programn an e n rrieasur r� the u st rice. of bi and aver t,eSp The dMjfts .O Grbup Qrle- Piave had and cbiltiiiue . t"have th direct and ' ct v ar�xciin off. .y p�rncpals . each a ivtde:er o his spertc .pt�iessiat Their c lie ire .cc�m e Vices toCpet c with t1�Qse o Vie. Vallous peg ot�i el C •or the Grp tip ore -teas :vvould� form- a. bl' tided cjnd` bala' ncec] leadership-,��=oup� c61, fined v�ith tl�� kev l���i:vld�ir�:�s rUi7ir t, -Gtop One participzts pieJg :c elr eff-ts to GOltinue ;pares toward, �� COMI 1 vislO" n l`r -tee attitude, a reSsI' a initiative creative e7nergy, and sea�aried indjeist,�nldri are [I red ed our ohj+ective: . yy We - thus:.res ectf`Ljll� rG ues t your c sidertd re�vtew o f the -ol ioujinQ ci�edenti� ls...as ev':dence -of p Y 9 y Group One's 'ap ' ropriate ets tQ,yaur campai'an., :and sincerely soiicit Brous selection of OrQLlp One r-t -. ea s-pcoposed _ -- A :s`rotx��t�. . .t�1,�l tic. Mq Ml bon.:. rQi ` any � P, LLC} 5 Te l -T � � Whit+� � 'nrk, TL, ►Z'�S 0 DEVELOPMENT CONSULTING: SERVICES FOR. TAMARAC-. joi/ai440- 7525 I NW ' 88th Avehu ,Tam ac33321 r24 I I P.'954.%7.3570r I R954,597.3565 , Ffo.dda YF WIJALOPPORTUNITYtMA0 ER: City of Tamarac PROPOSAL FORM RED' 11-02R Purchasing and Contracts Division DEVELOPMENT CONSULTING SERVICES FOR TAMARAC VILLAGE MINCED USE DEVELOPMENT SUBMITTED BY: Company Name: G 1 P L...C. dba GROUP ONE Address: 2555 Temple Trail City: Winter Park State. FL Zip: 32789 Telephone: 407-832-9868 FAX: 407-628-1471 Email: tburns@grpone.com The city of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? ❑ . Yes Z No NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO DID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. -••----•- • - --. .... ------ -• ..�.....--_..�- � ..�Y� V, ���. � � Gam. '•..;: f � .. -' _ -- ..�., ` .. _ - 0 ' Purch�s ,a 44lt�d ContraCtW DIVisivr7 ` RERr=CE lease list overn nt a enc'es .,and/orprivate finis With whom. yoU havo dor)e .business during the East five years: your'Co gin. p ..� G1.P,.L'.L.-C, dba ROUP.`ON /FUGL 8Rl k- ddeest 2555, Temple T'rajl 4t .state Zip ' utter pa.rki FL .:3278 _ oe/Fax' _ _ � 407 = 32-9868/Fa =...M.,M..L .°t...w:i- .• w..-w.yrw.rr..:..:..�...w..-.o,n.rr-wwrw......i�.sc.aer:!.r—r.�.�++ wr...n+�-'+ . .. °. :. .. . _lburns@grponexom . y irrrt ar�rte L rsba Consulting � ervice4 (Uni�r of Central [ect� �_.�. - Address C 1 C� � 51 Unive�S��y� Blvd. # 11 � st4ta. L3 rrd, F231[tv ......._-~--� A - Ph.on ax . � i1cn_e 7-496-1597/ �407-542w3791 .w►r...-�w�w-w.ev YST (y� 0, j.�r�wv. .. /...!.r.....--..r........�.....,.��j�... {�; /jj iy� j�r�I - �f '-Srl r✓ Y/. i,f;`.; amp e" itT� ,,ryt} �/�+��JJ /JJw��I► y��+ncy �`��LEV ♦'� r.r�` '/ SV .... . Addres 14QO Jack bn .Bt.. Su Ite f 02 c tat i p r _ - ... ,.r...�.,- :t., FL 33931 '€��11=a 239-321 7100/ t ame'a ht, �xctrr�e'yrfr. _._. g E - Agep l fir Marne: y -Brisficf.Dev J rrrertGroup.-, Add'ress §': - 3 5 e " 0 �1�. - tafrrCl�n= '," ` �T 70�i Phot!6/Fad .._ 615-3 1 2,-3109/6,1..5-7-71 "0043 C. .tnf :�rr�v i anch'rc , Qh '' l nvestm. nt Officer l - _.._.�..... _.r...._......� gencyl>=err qme= w of Lees�u �W s 1lst111adOvt fit. � I, t f o alp O Box 490630, L6esbu 34 4� [yam! n /ram rC x �'/j .7. 41 f1.��7 �f'�'�] Contact ,Narme Ja yr} Evan�, ���y an -- Gear en , -- .esta-uran ts r s 1000 and r er r Or., $.tat f W + �� rya redo,, FL 32837 _. . �._-..._. _..�..._. Phc'r� e/Fay 407 '245-4600/4Q ' 41 1 f 1 Brucea se Dire t0r eaEst'i :. -40 All IM Cf t� 4f T-afrrararr Purci'asing and Contracts 17/Vision ,v+ ' M,...Ltw+_ - •_ - —_ +ti.!w.wA-rww+/MYwww-.wry Y_. ..ti...N/LY. —•_ —,,. 1Mw4YYRiYtYWew+ems-'-`-��•••••n.- -- ..-+wawa. 1.MAM�.wwr.w.—�w.f#w+'� CERTIFICATION— TH1 .06CUMENT' MOSS"' BESUBMITTED WITH THE PRORO AL & I , fhe unders ' ned, Oro ree to. furnish h it rr sorvic(s)described. in �} ( �. nitati4n. t 8it.1e :1} cet�f that ire{}eve read the entira docr'tnt, includinc t : Scop�:e of Work Additional Req iremon#s, Supplemental Attach ntS� nstr ct� ns . to Proposers, Tor.rn and conditions, and anV addenda' issued. O agre ' .,to com Iy with �� �f the requlr�r��r�#s �f ��� e�t�re l��qu�st �o.r. �ro�c�s�ls. � dica,to whit _ yPe o organizes ,lon b ow: NDIVIDUAL 1Q l`--IARTNER SHIIP CORPORATION OT E R; El .iuthorzfntcre ibUrns a one.co Compan.'�N # l P, L«L;� .dba'R0U Fj ONE Address 2555.Tamp Winter Park,.FL '32789 City, te ZIP Tay UNumber 2054 8256 0 11 0 rog and '­ormrd a' "Vor, T$_01 .,CERTIFIED RESOLUTION I Timothy .60 rhlate )� the duly- elabtad anag'nMember P,'L.L.. db'Grou.,One p i e,corpQ niz ,�G. orporate Title),' rationorgp ' ed-and eki8fing under the laws of the State of Florida, horeby ceilify,thattheJoll' 'ng,P'8'lut`onw'SUn rum: oard of OM 0 OL ' I a' animou8l�.Adopted and.' p*assed by a quo Othe.B coro6rat[on:at a meetin 'held i e Directors of the. said n tqiccordanq�e �witl.i J'w and th.',. by4ao/s'pf the said .cprporat�on "IT IS, HEREBY RESOLVED THAT Timothy. Burr- (Narrie)}', the dul 'y elected any gig MPMber'' P 0 d to 1 ' itto of Offi�er): of 61PI-11.G..,dba GROO NE,,(06rprate' Title) ndis herby authortzb, e (T ex cut end submit did a 'd/O Bid Bond, -1f.s"uchbond is required, toth" f, Tam 6auch n r . . t t - e�ciiyo aracan"'...'' , �,: belialf q40thef­16st h W ing as may� be-n'ecessary,on ofthe.sa'd corp' ruments] .' tit'oratiom and1hatthe s­-signe - �,y L shall' be' --,. bi & porl...the'",said n g u Bid Bid- Bc.ind an r d "b hi d dthe." s'u ch Inst ru m''e nt �rilher deeds. cbrpotafi O''hn as]-t `,,own.-�zibts a Md ed_'Thesecretary �afl oortify*thh the names and signatures of ihdse� Autho rLze'd to act by-111 for oing' res ion eg ,'' 11 the -C�ltvt.6,f-'Trima-r;ac..sh;qllhef*tjll'v nrnter%.tOdJ'n, re'ly"ho unbn�Atjch,,be�'fic;afimthe secretary and.shall o of 'if" dand-sav' or'd;aMaP. be indigm zny d `ands,�,�:expe es, 10'ss' n le ed harmless,Jeorn an .,a][claims, Oem ns SUItingr fj rn `h out f honoring-, thial 're of any Pefsorl $Q:fe�tifie� mo or , groww g a sign ore I *,dr,for,�pfuqngtq.-' bt1or,any ,t> I '9Pature".00tso, ]f -t !i,acert'ified UfthWrfy�hat the ' is n fo 'rcearil:effeot ends-hbtbeerevledr,� rpyoked, or, er4solut an' rescinded,r' 0$8 Per8ohs. e S 0iretifle'.and�:Offi' 4al­S1gn,atU'­te8, of th 1� frthrejf� that Jhe,� "fol 'wing "the nra C1 ,authorized to- ct, brie foregoing resolu toa NAME�� TITLE '3 NATURE' 'I Aj 9 Timothy Burns Matiagin lei L rotan n-t e9ter M Managing Member: .14oben Koch MahAgin Wtnbc a "d the Seal "the -$''aid 'brporAt I'st day of . Oiven, uod' my hand., -an C ion, this J by: Secretary Mahag'n( b'' er Corporate_ T1fl62,.: City of Tamarac �t11111 0"N"'I 1� Purchasing and Contracts Division PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED To: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Submitted By: Name. Address: City, State, Zip Telephone No. Fax No. Tamarac, Florida 33321 G1 P, L.L,C. dba GROUP ONE Tirnoth Burns 2555 Temple Trail Winter Park, FL 32789 407-832-9868 407-628-1471 Check One � Corporation ❑ Partnership ❑ Individual ❑ Other State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: G1 P, L.L.C. dba GROUP ONE The address of the principal place of business is: 2555 Ternpie Trail Winter Park, FL 32789 If Proposer is a corporation, answer the fo1Iowing: a} Date of Incorporation: June 30, 200 _ .._.... _ b) State of Incorporation: EL c) Managing Member; ,Tirpathv B.u.rns d) Managing Member: Lester Brotman e) Managing Member: Robert Koch...... _.. f) Treasurer's name: DNA g} ame and-­ad&bss of Resident Agent: Tirnothv R. Burns, 2555 Temp e TrailA VY i.nter Park, _ FL. 3.2789..., 0 0 0 City of Tamarac Purchasing and Contracts Division 2. If Proposer is an individual or a partnership, answer the following: DNA h) bate of organization: i) Name, address and ownership units of all partners: j} State whether general or limited partnership: . 3. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals; {DNA 4, If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name statute. (See attached) 5. How many years has your organization been i-n business under its present business name?._... _. ._.. a} Under what other forger names has your organization operated? Group One Productions, Inc. 6. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Registered Real Estate Broker, Florida, Mr. Lester Brotman�T Registered Real Estate Broker, Florida, Mr. Timothy Burns ry Registered Arch itect/I_nterior Designer, Mr. Robert Koch 7. Have you personally inspected the site of the proposed Mork? X YES [] No 8_ fro you have a complete set of documents, including drawings and addenda? X YES [:1 NO 9. Did you attend the Pre -Proposal Conference if any such conference was held? ❑Yes 0 No DNA - 1 0 Flu � City of Tamarac 16Purchasing and Contracts Division 10. Have you ever failed to complete any work awarded to you? If so, state when, where and why: NO 11. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name __....�.��_ Address _ Telephone Jay Evans RO. Box 490630, Leesburg, FL 34749 M (352) 728-9704 T Jeff Larson 10151 University Blvd.,#117, Orlando, FL. (407) 498-1597 32817 Don Pai ht 1400 Jackson St., Suite 102, Ft. Myers, FL. (239) 321-7100 g 33901 12, Dist the pertinent experience of the key individuals of your organization See attached resumes for Koch, Burns and Brotman. 13. State the name of the individual(s) who will have personal supervision of the work: Robert Koch, Visioning/Design/Strategic Planning/Entitlements Timothy Burns, Development/construction/Budgeting Lester Brotman, Development, Real Estate, Marketing, Sales _ 14. State the name and address of attorney, if any, for the business of the Proposer. - Lindsay Builder, Burr Forman__--_ 369 N. New York Ave., #30 Winter Park, FL 32789 15. State. the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposers business(s) and indicate the percentage owned of each such business and/or individual: G1 P, LLC - Robert Koch, 33,33%/Timothy Burns, 33.33%/Lester Brotman, Fugleberg Koch, PLLC - Robert Koch, 50%/ Jim Kelley, 10%/Mike Griffin, Pat Fitch, 10%/ Wayne Conine, _10%/ Ken Linehan, 5%/ Ted H u nton, 5%0/-- Brotman �Group, Inc. -_ester Brotman, 100%_ 1 0 %/ f &. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer: 0 � 0 City or Tamarac Purchasing and Contracts Division 17. State the name of Surety Company which will be providing the bond, and name and address of agent. - DNA 18. Bank References. Bank Address Telephone Bank First 1031 west Morse Blvd., (407) 629-9089 Ms. Ann Frey. # 180, winter Park, FL 32789 19. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: J a) current Assets (e.g., cash, point venture accounts, accounts receivable, notes receiva.blo, accrued income,' deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). 20. state the name of the firm preparing the financial statement and date thereof: Prepared. by: Timothy Bums, Managing Member, G1 P, LLC, March 31, 2011 21. Is this financial statement for the identical organization named on page one? X YES, ❑ NO 22. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary), Grt'° of Taa narac ° }'urc zasir�g I q'ndContraots Division The Proposer acknowledges and understands'that -thy Information � 'ont i' ' ed in response: to thi' Qua0ficatl*m taternent shall be relied, upo' n' by ' wnor'n av�ar �r g h.e-cObtract°.and such inf6rmati'n is warranted bV Pro' o °r The discovery of ay o io or apefocr themisstatement hat materiaaffedts the Prop�sers q� 'f cn 'tract shill cause the owner: to' J'ct the proposal, and if .after the award, to cancel and, Aerrbina e the °av'ard and/or�obii,traot. gnature f �3 j 14 C�.1. I( IT U I y+��J kp i x rIi°�t��.^11n�JI l�I+vr Jt 4 , 11. It In_°1L 5 ►A4010611@*godsoavtf►aa�i'a`aR�Aryr�pylL��i-+Ry�pppsR��#kg StCi ,. o �F yp°ll ,as �o1'1'�! 1 kIssiot' ed), '00 Coin°nl# 3Q4 $�, . 1 w � - 13 r �16rida Notwfy:ls,, Inc ff ersonai knan to rne, or irtaitif,. Pridentification. 'Po of identification Proc .ucedY D take an oath, or 0, DI D NOT take an oath po rr, r r� u 0 CRY of T­ain�rticPurchasing and. c6ptracts"Division NON-COLLUSIVEAFFIDAVIT Stag bf FLO IDA countyofGRAN QE. sworndeposesd -that- 'Timothy. Burns being,'first - lan sa e epresentat,jv, e) of �Q "%�,l,R LLC - dbcq,' le `th'L'M8rl'iAdrJ9L /she 1�. e M e m b e r,, (Own #R GR -ittect "the a, a d. Pro" p as J, QUP ONE, th,e. -P'roposerthat ..­haSzU'bm 'a C nd',�co 'te ts� 'f Ahe' tta' h6d Hel�h is fully!'nformod:­­ I rospot"n' th&,! t prep4ra ion., a n n o -a 0 -pertine't ce�..respeoti.guch PIro'il P 1. and 'f, alI n anrpospose 3-i 4 ropsal 's.ge,rnuine,,andlncst -a' c o llus*ve,o fits GIs°th.-­thor a'd,cwr�-aS_1, Froposr, :-n-or anyr,, bf*'. IftS officersf� ahers' t0bst a e 'h v ees �6r, �a�ti�� inin clud" g t`8 affiantle r.08enta"fives',, employ'',in i in arlY P consp rly_ other - wa �ectly,- with le, ire c oragn Y Tcolluded-,'. 'd onnjv0d,- dirk Al '�orindi Y lfil'�M-,, 6'r personI.W svbmit 81L C" OIJUSIV.e or-sham'Proposal in comect'lo n.,I Mth: re ra rom.,, for hich,�'the-`,att ched'Proposai f4a' boen -sub r to' Jn: f e ork W a M Q t i ith'� b:Work -'haVe. 1 n 'diredly', biddin i o _6c, on w .5 u c or r', directly.olr in "n ymanno Rusion or c M fl`co�nterrc:trith iion., oft b larftr� aou r e 9 Y. n ached Propo's� 'n paces �i th-o att I br, p any P roposer I ."Orpers(in, x rio.e or a P r) rof ft of the posal priceor o or cos e rn 04Yy�overhe d.Jeher.Pr6poser t - ent ., $ e ix Ah IJU a ally lon't 100 urotthr gh,i Or, t q Pr6, -of �,c v...O­the'e� Pelb'' h' pos price poser, '0 'calracy,Ccar 'nivancel o'Nnla fu j a r erne t any,antaoe8pinst {;Recipient). " or any person inlereed'Work 'sted'inAhe' propos d proper and. arc not tie at ache fair aril j e. Theprice--of," rl'��otedin ea ed Prbposal Ore.,',,p _ �ls I' �l � . VU lk �� ..,_ 1' 61 ­jvanCe-,l-. r ahl'awful'.aq nt'onth e,p,art. 14inted-b .,any col coospiralo.v,�'Corn ree.Ime, y �of AN roposer or arty ath�r of its -aqonts repre8entatives, owners., e . 011Qyees or, , : parties �. in interest,Including,. 8Lff i.�a n t this� Si.- n""d,,.8o8tiod�-and"delivered I iti: the. pr'e eric f: By:� Timothy 154 PrInted''Natne IVI tV r tuti r i -af T4 rya roc urc a��n Corgi r cts ?iv sfon' . _ ACKNOWLEDGMENT NOWC LLUSIYE AFFIDAVIT State Of Florida County .Of Orango. p i On this tine 4�th dayQf � r�l, ��� , �e�ore. � ��� �ndet8 � net �c�t� PU . C o� �h� :-State of h + rida,personalWapp 'ared TM thy Burhs : whose.e 1s Ub8cribed-tc withih tie instru' er"t,.and he.,a'cknowled es that VVJTNES r yY land ';Rr7d' atficlai peal. N 0 TA- nY P Q L 1 C' S"EAL"Or -OFFICE,'r, ,r afSt�a�l.�istl.is�tsssY �1#�,Is!1at91t3is��1/�11:M 0=: rFrr�� pQ fj rrJ �* R�y �i�7 1*OFR��V7�, r i�sfr'� 2 k�� �9''�+gRlf �0� it�a'F121f[ii�.: #ar PUBLIC, STATE CJF FLORIDA mo cf Notar ubliC-. print, n -or-'Tvr)e, as Comm1ssionod) UTPer8onall' kr bwn to e or Q Prbdu.pod'identifi3Oattion'': r� u 40 40- 0 f of Tamarac and Contra �04)c�s t�iv 5�c�r� VENDOR- DRUG -FREE WORKPLAM irtifiCa fc�n Frithho biro 0sl. Preference nmaybc.Oiven.tovendors *ubrnitting Y eertff rn fh have drug-treo vuorl place in accordance�theot�or7.087, lord t t < This reo�iiremer"t �;ffects :all public enfifies of the State and. k�ocomes Effective JaThuary 1, 1 ��`f . �"he s�e�i�f� c�ndifion'i . as fool � sa b PCSAi, a even sises pith drU - DENTICAL TIE P� P`fr`r Y fret work lac -ro rar s4 v henever.-t c 1 rr� r pr posais that are equal. with e t ice.. ual r' ce are roc 'Ned:by M "�ta�to or;by arty �el�ticai° r spec . or . Ya bid subdivlsien,. for Ithio.. prooWr ment . of 'co. i 6d1ties - Chi G�} t"r i.. l. �"v , received rar a businibss that ce'rtifies,thEaf It leas `molerr ented,a d*r g-freer orlc lac .�( r'o r al . iwer preferer e. in the award profess Established pr�eo ; ur88 . Qr .. i praces:ng.ie propoa� �ll� b fell t ed i# no cif the '. d. vendors have..a drub-free: orae ro rim. fnrerc hateru- rye workplace program :a: shall: .. ern to that the un,autien, 1. Pubtsh a Statement notifyp Y. des : ons n ossession, or u�� eta controlled �ubstar�ce �� pry r �t�. i� " e e's, f0r,v or place Sand ec�f ing -the actions that taken ga nst er p 1 l.a e '!d ees aboOt the -dan e.rs of dr abuse �r� tl e v i , th busines'$1"nf- p . � :: ru-counseling,*. PQ a i.o: .of. intarnln a ru-troe;: v �r ace any. ava� e ri�ab�l�ttEc�r ancr110 e astancerogrars, and the pnalte that.may. b Jn e ploy s for drub abuse, vioia ions. , 1 h erg oy e eng g d i.h p:rovj ire tt e cornr�c dttie, car or tra fu sory c. teroo co.a-thasttem.t peciion, are .crc r e . e for 1 otl the ei es- that, as a t n the staterhOnt. ap, Cif red , .th r 1.r t d i or contr cfiu 1. 1COs that are un : er bid,eond�tion, ofworking on , i hid. the t n ffh sfiat r ratan *400fify the,e plo ' rct the pleye I Y ` t`Qn of oar ae° €fit :` rid oon'rere to. any viol afirrrffr ...any convic guilty'. ` h 89 r r} controlled substan,c:e-lam ol~[;, ited: Mates er any:. t te� r w_.O.Jafian odcu rir� the workpfa. e n.6 later that fi r (5} days, after each cor�vicfiloln rnp'Ose . s t r erg: ° : dr r ti�iir f he satisfactory participation n rugl :abuse: as i t n or lr bilifiatiori.. pr rar�n: H sU h avai.s t o lye crnrr u y 5 rnatoyee v ho s n icte I Mk : od` fh ff rfi°to continue :to rnain,atn a(.d u -freo o p'lac ,IhrouglI re r r�tatren th"8 section. s: the person author�.�e a r t sty ra n , certifythat: #h forrn eom lies u l 'Wth the a . o roqu�rerncnts. - u OBE !to :g . _ City of Tamarac J"IVA d41=f%JW1Ma Purchasing and Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MIST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. M This sworn statement is submitted with Bid, Proposal or Contract No. RFP 11-02R to the City of Tamarac for Development Consulting Services for Tamarac Village Mixed Use Development 2. This sworn statement is submitted by G1 P, L.L.C. dba GROUP ONE (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 205458256 r (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3_ My name is Timothy Burns (Print name of individual signing) My relationship to the entity named above is Managing Member 4, 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b, An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and -- a -gents -who -are active in the management of an affiliate.. The owner by one person of _ shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 35 months shall be considered an affiliate. 01- 0 0 0 0y, o f Tamara ur° asirr nr�. Contracts Division. 7. ur �erst r t} a "person" d0fi ih Honda tatu# ,means any naturalrson or er-�ity vrgai. urdr the laws o� any .state ort °the lntd states wiffitho I.e g ai owrer fe enter`Jnto a binding contract' an.d` which bids or appiies to Oid'on c r tra6 iod by public entity or. which oth ii i e tran' §a' ds, or app1146s to tr n a+ b,�..r i e s. v�i t : u anti : �"he term.. "person'' in.clud.es those off icers, dir dtors=wive , ar rs; h rehold r T: eMP10yees, rner lb and ag n v l�o are ac#:ye n m it agerr ent o -n en fity. Ead on �nfrrt� 't � arid. 'belief, h .s itement, , r�vhi h # t v�, r_arked b.eio , !€s . rue in ration. to the erg s ittin g eh �rr�tatrrrent# P-1easa irdicat w1taternen i her the 'Onfit submittrn th sw rn staiie�ment, riae any of its officers, df�ectors, 7 y e ecutiVes parthem, shareholders, errip10yees, n�em'bers, or,ager s vho ar+ .aotrve in the,,�nena eM- ent ,of the entity, -r�or -any y afflilate of fYi�: Pntity w��'� � �r � .. convicted. cif a i entity crimp th�$,sworn s�atgm�r�f, or ore -.or �'� orb o� tie, The er tit brrtih , . y .ffroers, diroctor, e uti es a s . shareholders m to ees� niber's, or agen who are active �n T. �. the aniagernen °f.. tntrt,r . an .affi latef the' :rtltyarg wit an - oonvioted: of a: public 'entity crime after July 11 1989 i `f nifty°: u i tir this ��r►ora; tat mint, yr-one of its bff ice: ,= recto `r a, ecutry s, pa r ens, share: oldars, .-e.mple ,.. =M4 6 e cr agents °v r . are ::activie.i.n tie '.. ' m snt f .the entity; pr the f#iii to 6i :fh.e entity hav e charged with a d w r vict d cif p 13 o rat y -crime s u nf' t duly, , 1 8.' 1-Giver,-tfre lids `ben a stbeuontredi rig .bfr iearirztf ier c# thy. tate o to rd -Du ns ' Ad 0 tr tiv : arir s .and . the °F*n,'W Order entered dry, the Hearin 3fttcr dterrtrn that �trasr�e :pulct�trest trace the e.n�ty-stAittfn f . sworn.state,M1 0M on th�-O.OnVictea rt r lls . copy the fin r r : i NDERSTA ND,THAT THE SUBMISSI'Q O THIS: FORM10 THE CONTF�A�`TIN+G OIrFi R roWTHI" PUBLIC EfVTIT` IDE TtFIED !� PARA RAPH (ONE) ABOVE] IS FOR THA P �L# ENTITY .0-NL:YI AND—, "THAT! THi . FORM IS. -VALID, THROUGH .IDE EMBER 311. OF THE AL I A YEAR 1 1 WHICH IT l F� t.� l. t ALS . i DEI TA fiI�AT .i AI1Pf .R E A R INFORM T y u IT �t l l EKING INTO. ACO TRA01 Iry EX ESS-. FTHE THRE HO L AMOUNT',,t :I TI(N 67%- 1 T 'FLORIDA,. STATUTES 'FOR.. . AT".E ORY TWO of BAN CHANGE I T"R _ . E IRl1 T 0�,'PONTAINED IN THIS FORM 4 13 ($ignatur.e) �Dat�j �Cify v Tarrc : - Purchasing arrnrac� Drtsc� ACKNOWLED.GMENT tato o " Florid CCU nt 4f On this the d f 20jA_j before me .tie under i ned N.c�tary'Publit . ..:. Y of the State of flotid�t, per .ono lV tip pe tired and: Ie(s-oflndvidual s}.hcr ,ar d before nt.3 :,'Li h r t a i. 1ar6 .ubscribed.ta Within t�� �n�t�um�nt', and �e��he�th�' ack' owed e that helsheAhey executed It., ��a �e���rietfrssR s�►amostA�i�av;w�lE�h►1�K��R TERRY. BALDRIDC E 1p jf ri it vlikr asi.vO.iswi�,.a, y:di?�+�►RM`��v �t fe NaorwN�N x Proposal & icafibrr Formers l $` u I L u r� u GROUP CANE 'OUP ONE PROFIL. ,,GR Brief of thle"Co*mDany ant e� � � �� a' iu i .i a eer n s � indss + r o : fftoen Park - ye, Iodd a The :exe ud v e ��� Aa of n� ����� �•� 111C11 de as, ib, BrQt : i chi n I Bur' s. C61le�� �?ely t ey,��pre,:sent ov�c:�• i • ri n i�t� i z nsztiting Sere e -to projects a ` an- UP ne has :b_u�lt . tL�t` wee iea.tive bu:si�iess n [p i.i : its -are required G�" s61ve� tonal ri ,ec tic-. cjt.it-he�itee : +rug .. triwo.-rY s ,o�ert� i` atic.-tr�.'ul erga+ LL A M c to 3rot n +G' Qu ;I1W Mate. e • eBoth- o � t t� �d � :and i e ac ti:�� 1�r, �� an.a��� day . obert ��}� �nci �,�� ter :3rc�tn�kt co.np s res ect uily. rKo'chis ., Frb �I I ce R 1. .f1el�ttect Jo'r the �,.r�:�hitecr��r' I'f acl g , 1 a c s tat �f'37.stclte r� gas ,r� tt .., L.estea� 'r O rf car off' r t� Tcrr r _... r r c � : l 'in c �r s a:r r - r lr ` tse tl �``,�fate �rc���rs. �n �c��l i���rz:, �!f��: Bra . � -. - II . tarsd`ltr e 2ef'ctortf:ta•',s.rse: " ' r. a e t t� ei� ddit n-al. an �����tecric... a. antes, . �.ro�p n� �� � . �e�.s�rt,ec� deveIo n�eftt s e�ial'St. In every �sPeCfl:off real estate , 4.. -.tha, :ex nzet t"-:. a :r�e.i`-o`sia. -al skills : Ltd: c.��eotre1,1 . :Vt t: teamv;�sat�e ac the "Special i',zed. $ ill o� 't clerr�a� i Q `. :ur program.. f9r GrIoup'Quie, Fol" d! olkr pro, ec.t I t� eider ed a major pp� e�d" s nu.I" d" .i�i A:t ` tTbe ojj�lgj: .r. a� = lei hll at lze eo is resumes. 0.� t�� :an.a���� ��n�bers toether wit a 9 . u a z ��y , r -consulfin � n �n.ts ee i to :r�au j l e:" pl p Lvvv V.-V � i u4wz.V ; �' ,.+'c ii i'�L C111.,C3.� s Zd .r d 1 U ° x el FLOPLI DADE'PARTMENT 0 F STATE 1) IVISION OF, CORPORAHONS Nxt ome Cgntact User. ErFlIing Sernces- Oocuttment s"rches : Fore Help me arc N.o.rillng History, Sub ti,tioNaril i0l bo us Na M GROUP ONE' 11, thfortnation. f�lsgOstrafion Nkimber� ;0110oa029 ACTI E ExplimtIon Date � � 2./311`2016` Cu r r'i eM - Count QRAN GE gages Evotefiied NONE 20 58256 Malfling AddrQSS' wrrH w w+. 255 TEMPLE TRAIL "$TER PARK. 0vn r �t�f rM 'tiax 2555TEMPLE'i'RA�C� ' INTER PARK; FL 32789 FIEl tN N utr b r: 20-6458266 11 046;U rye nt N cam be it L0600OW666,3 .. t Imr View Image in PDF forma t at: rhit is not cif d'01' record. See documents �rguestion or can .. • ��� � f .:r:__ ,�_ :: Fictitious, N Me+ 'Sear h i OFi1in9 141SIOry [ Su��rtit 1 `� a.Ri ? Oi' C.t :lf io uinerit 15ctorr_b!s l' e:,fjtliiq. fi t" °,CAS ,.� 6crM r . leis Ca��wi7t�.t t� �r;i f�t�v�t�'v �natt,r�es ° s tn= or of State.' ° ° t ry * s n c .pts/ c .: ° on =I3 r,&d nu - 1 } ..°4 30/2 � � 1 0 0 CI GROUP ONE'' CUTIVEII TEAM �EXL )A, NQ'hl AIA A lihe esigit and'Plamung-, t ece i 1:r Lir�j deC;1T0'e'_ ait'. the� 'Uni ve'rs'ty 0 Koct i architect L. f IF IN b" Koh Flo rida,.'andl establi's'hed"' tice'. ji Orlando tn] 965,�- He ts,a pundor'n the, pi ug e er,, piaone; c ­ u'p e as grown to�,�'as .Welloitoctu re fi 47t h.PLLC, :Th' -,4 rc h rm nova h y�a r .be -th' largg�st. lb"CRIly base'd, arpnitectural rn n ,C­`tr.Al en ri F-10 ida - Both off cdare I ated".Jrt.Wtnto F,ida. M ''hiteriorvesigner and hoes NCARB.� i h itect and tati Park I16rr.-. KpOi:�Ik,�'a Mmida fi.se . lc.c."d. A;♦h" p M, pry I'll, ay Boar Iuqtibn� per 'iffina re, p 11 hifec'tu �04' 1�6cy i's tra eil of.A.re n a o StAte �tlbe US.- :Por-0fbs S1oil6I1Ikl, ,M, .Its%ih01udo. n. u.,meous: da� Ii.g" from,A Amrican 11st t f iAretitoJB�(IntoOvat onal.-Buldcrs Aspcia )n -ARDAt(American tiIttes- v€gypm.it,AssoOTlo n)and other SPecializEd traClatt e afreq uem:tSpketpeaonaeminaron:d6sgntndsand art Stor aohandtigr.Itions. r Lj e erg Koch Ai-thite'e t8. has C'onloleted Work. excess, of $12L., Mr. K lh'ledaevs, �Jp- b Un r s, do.P1, , of cnoa ial/te`tail �,Oace.,-,250,000...tmp fi­� 0. 1; me,, incIL -.idifio 3VO 0,000��f i� lion: inbuil:dj' Jj�tj jtS e-, T sin :qati ho� ta Ity resott, accorim i'l 'hb " 6 dation-s., ..-worldwid' 'I". 1000 -t&. each -of the aroas. 0,F',0or orate 0 :, MAlly'Da 10 11 ep. in cxpereene.cltit�ipb�, -0 17 ceinit. w � a Is* o bcepheavifv ilivolved vith::commun ityactmtie'SL -Inctudibg'puhic -a'dv Ocate 011-1 i live �i g,'boar,& mber" oc Mu j y r be., iik, ar, chaff �f':af an d "woi-Wo -com, ce n b 0­ atd` ftd 0, r ,, q tf�U�tj"­ an.ping, 7 d t t t.:o Jocal ph' =ing, a 0. on ory s bus. wid land'' S iin -th ".,:earl `ct d � . V tit 1,es , pojjsj"b,jjt'e w0tild I t1vo I c him y '..'P:a lVe. -S�"CS u ,ampun or. _H s diifi.6s o uld include the I�f, de . el o me it f p jet itatton 0, p,qject and anni A'construction el -41 q ea: t th busiuesS ei eats pr,� Cyra 1vorkshops aimed'a I vl�� tin ai-id 6punitzing , e bfic r epres w ects in -u m that I.I.re., &itica] 0, i)tuvidilig pu eriuddion of end6av01*8,­1 alld P GROUP NE Imet or1'ap al prov. o GRQUP:ONE EXECUTIVETEAM Tx u 1 r �zt i g . err�oo, eve4olti er t dizd �`o��s��r��c��«�� A at ve d e •t w k, l r. Burns received his Bacl4 loi- e ' r& from Wltliams C tlea . �. H skate t~ertI ' e ! . erieral l tracts and a Licensed. Real,' tatpoker. � .Irns a it ��t.o bed :i Iand de".Ve10P� ebt :kis well as,,Wilding d�v���n In Licht � x�oia x is any +rnti t w a1111 _y +cnmmunities fat �;�everal lab .natic�:aai` h ii. d l•s s i of , oso� l , �i it�sl ; and Fold aunties.: ia�= engagc.inc*n in.e side ' .S �neS, : azej� lnzesRdrrisIanc�s �.•cds, and Ae�ier'i;�-Ians.. s a eriiax° ie �e i ent for Tarragrol Development orporation,..he hi ded tip the Sou bea'. D'tt :s . Burn s . w. a spo asi b [' ��or ; .� i i n k n (i d i f � do vetapi ftg , bu ld�' and a � e i i 1n .�It l r. u it: i Ale aut east Jrii ec , tat S �e cc�inplet+�d Co mL�r� Cues i�� p le, r, raden r 4!vatin EGA, har leston , �andm a, : i:tex•,. c ion t nts is I.,, d V u fi- shol,o 'T : The el ded � cam�i�ation o� m{�lti��arnil}i ��:ntals; .co' do i.ans, and h gh_ri'se condo' s. : ..Pop :ties, a al estate compan :�n Whiter Rark, '. 11urns: was responsible. • _ in'- the l r .tl .cal rip � at s l` that cornea ns rub lot1 0 n ii ids e castor .. � ones Qrl�ndo area. ` '. F .lope , i.e5 also built -tiro �ffce,, bt i diTIP . Inc. cono° pr�a�ct, a� t�c� plea, e. . u� s' ar, e � t -re �. The Carte• Gomp�tes i:n Jackson.vu ie,.�L., �� �a��d�ed ��e successful d i elaia'Ment dis t�sit��i 1 0f several tborLU In' .�ci=� � �:t' land .arid tine :�o pletiOn off` L ltipte in ie ' jn 1.ti-fat -� Iy, ` and i ���x�s� ��������r��t es �n ��r�tral '�"�c�� da n :o�� thy. es' Goan of -.Florida, a mice e; � ct �a - o s1 � estm�,nz � 0ratj0n a c ry :s c n of Chan �fanl�atRn Ma cs b+ - a tlie: c p .etlon an' d disppstubll of nti ne 'ouco n l��lies 'in the Co.y t •aI �'��o ida arei GROUP nNE erns ouid fu et fln a I' ��an] dnager +� �a�»i�� clue, coordxr1afion o`f ali cor�st�l��nts . ec ;un :b oft ure-, �uic nia �nt,�litning _�hc r�c�oL�s of the dc��elop' meat act�vit�es oF YOU a4i Pro 40 4 �► .�w Hiw is 1 , r ,� f 1�] s .. * �,..�'.'331 '+1�'(} '� �.A (1 .. y*,` �j {[ �. Yj "� �ryE j! *y tt r wt �. tij X - ti R Yy �.� •yi. r _yi. 1" � ~ `L. t�f �'�3' % I.� ��t �� + :R-t� ..7, i -4 �. i '�.Y }./I:IY ,j+ 0577.. .. �..7 i` 0 GROUP,.ONE . I TEAM . . . . . ................. Les Bro°tMan i nc l r eI" » evle '� � n s �lcgt ion. I� ti ur . •� �•a r � . � d atcd from Mo" m' oth � ver.s € I . �! 7,1I:1. He ' v cla l ce�x� d °lea estate Broker., 'Mu. Brotaian.'s� developmeti c i s- Started .i'a 1973, 'IC e Pr'esi& . t 0f Centsral Flo, H.d ° i.si o" a�l� fir Brink, :O erad Os for 'Rbusi60 lil ve'stment.:Corpotati'on � i wH1 . wst� mad : : iahtans a fnmy �asslgn�en 0 �, . u ar eS�onig, as � 1rh��nnd cns �tiot-e completion p Slx °.coridon�mium, tott�ho . 97 tiw li° uti�t u ri th r: c a Hen* i e aroinic. verrc , e c e: r°.ect .r o f ca Estate e'er tie. e i obste ' a &,v's o 3 al .xl ���I������������a�n.��9�nai�������t estautaihts.Hew6�rnv�� ,efforts of tie comLpan. ' - throe g o' 'LA the c gun"' ti 11 llis ��pal- - '��r� �i�,r��an: l�i��r ��a��e. rde Le��an., to �acrest Es�ai�nxetau�a co�a�y�: �, :N�. a�r�.In In r�:ei M� : :�vs -continde with y:. , �'.i nera" l i 1 - en t - :i c� e�► Main'°fit. � .. t '��st ��. a��ec� :to. ��c�:��d� ���rny o ��' riati Ya : t ant n � 'd � s� i i `S Zz , a 1' S,: a c i et�i a 'no. ter. o :r ri: i . t� as b�° � Vinci -s ry d. asAevelopm ' n.t. CO'-n u taht - Cai' site 1. a i:on. a l.. e t isr6_ a� c�c�r��o��rien f6r� ���ze di-ar� 30G corer,-' ��ojftebi s`16s on 9 nafi�nal �I� �����n fit :clt`s sacl -as vel r� -�ot�titt�tLcrnt;ttoir �ioc;. F i Disco t t:tto Parts flar e : a esy.Ouc�a Corpo.t:at"ib l Iar ott .o�:pOra.. + :° �`; iot,°to leis retit�e i � y; B�`v 7rr nded : a" SL Reta 1. Lea ing, Dwisi'on, ��ep�=ese�trn� l_°8 .shopp�: g gentets-,- antadn:i ► a p�ra c l a el 3 000--0 squai, :feet. , -he, ", f,f icy 3 otman Realty Gra9 ; -a p4 o.f the rt0pl . Qpe , i t� idi ° i:l yinCO. te' e tafl V16 ar g ti i a�' .��� ��'o��� .: i���� tif�r�n�:��eci'�i� t���l����t e � and -date:�:. ►es or .,'6r t�enan a� n��� :best �c��vt., t�Id roe v s on, Mail Ore 1:tbesaes ' gal a � CI ri ar C t n,�� ., at1 oo t -act .n (yo iator 11 tt��ire real est trat s et o ' 'p s tn,11�elr ILA'° #: .. =s.:�,: 7 AC#.. + ' ; • STATE OF FLORIDA a "'t/ ,'ear \•t!�.c♦ t :a% �rf � � „ _ r •, � .. , ,. _ , • ,1: - - - r -DEPARTMENT +�' ya■/■��'��)) ,. y�nl�1 _ BUS _t yy A 'r+�.y,�yj► •�/l - Jl/�/♦ �y��+y. �f��.,lr. ,r•<./yy� T � _ _ r♦.11�, (f�\��. {�1y, "'� j-'� • �.'• �I^-. ,' + -•♦ ` .V �J►' .Ya � `''• ��••T� 1".Y+.�.:� ` 7.-kOF •./• {. , �•`kf ..' L.l t„�l ln7�i ION - _ ' • ••I. �• .. ,7 S£,- r r - ��, ,',, y_ _r-•- •, - - - . • _ . i T + ►../'i •fir/ - .^TSS A'T"` -TE,' [ t _ '; ■��y�r� T �1 V L -� 1y , • • - J '� � - _ r' • _ -_ - _ 'ram •'� •_-, 1 '� 1 , �•1 � is i .I •:•ate S '/• [. _-,F _;�: - _ \1 -• - •-r :.,..:-:• 1 .-- - - - -- '•' r. _a• n- - -_ - }F,•' jam=, ti•i' .r. :•.'. -i•' ._ .. "<. '/"'' ;.-��, - �j ti' ` - _1.+i7 ��^1 (T'�'t, ��•Yti "f � [I -. ..[� .�' s-- ,.. sl �Y,r .�`I�I. r I •ti >J• y_. .. ilflrr •� :--r i� a .r. „r- !f' R 1•• �V -i>rf• ••ri -- i'._ _ [ •i,: .r ., r - r Yft _ - ��,• •7 LA �t' �T_FL Y � ' • : r_ _J - tie _ - - . ! L . , - • - _ _ - • . �f - -f H_. -I�.0 -r. ++ 1 ',�.: , _ _ _ :M .r ... .S I �•=• T�.•.. _ ai: ,. ,,`• ,', -j •Fri., '�-,3 �,.�; .a j.:_, _i..::. :,- =i-.a t• .�,•f. -'t'•- •�J Ia`' �J RIM c M.rIr •.^MM �,Y, ,. IJ� '•J.- ��- _ L- 1♦ I` '... •�- c_ -A,ir � _�• � '�'�-�� ,;'iz • - 3 • -_ r, (•;,•v - ri •}}•{� f�;_yj � �(r�., •F-�, �! _ _ .r• y.:- r!; - .S - - 'r -a: - 'J f:. 'S .a1•' .�•: ,1 - .�-LV .4.'Rw1 ••�" f�• 'r. 1' l'it 1f - r. '' •�. ' ri• '-�,'f ` - r;. -1- - - a„ + "•�Y {!s_QA AS .'}R•8.Y LAB.�• r✓: - :a , - '�1 I. �. ^t`.•.K .r ,ra., •r _ r •::' •J _ s _ = : , , s 40 C, DBPR - BURNS, TMOTHY R; Doing Business As: INDIVIDUAL, Cerfif lid General C... Page 1 of 1 1:47.12 PM 414 2011 Licensee Information Name: Main Address - County: License Mailing: LicenseLocation : County: License Information License Type, Rank: License Number-: Status: Licensure Date: Expires: Special Qualifications Constriction Individual BURNS, TIMOTHY R (Primary Name) INDIVIDUAL (€DBA Name) 417 CONSERVATORY COVE LAKE MARY Florida 32746 SEMINOLE 417 CONSERVATORY COVE LAKE MARY FL 32746 SEMINOLE Certified general Contractor Cert General CGC417812 Current, Inactive 11/11/1980 08/31/2012 Qualification Effective 02/20/2004 View Related License Information V'I License Complaint Contact Us :: 1940 North Monroe Sii-eet, Tallahassee FL 32399 :: Call. CenterQdb ar,.siate.fl.us :: Customer contact Center: 8 50.1l 87.1.395 The State of Florida is are AA/>w£0 employer. Copyright Z007-2010 State of Florida, Privacy Statement Under Riorida law, a -mail addresses are public records. If you do not Nant your a -mail address released in response to a public -records request, rho not send electronic mall to this entity. instead, contact the office by phorie or by tradEtionai mail. If you have any questions r-egarding +]SPR's ►kDA web accessibility, please contact our Web Master at w!�bmast_er@dbj)r,s'tate,fl.uy. h fps://www.myfloridalicense.com/Lice.nseDetail.asp?SID=&l'd=F6DE3DF 1829DF39DSO I. 4/4/2411 Apr 04 11 12:20p Kelly Bi -otman 407-304-9133 p.2 -LORJDA STATE oFr io R J�F IQ ov ED' r-71% Px; 4 7 Wx Nod FOPHDA S'llm S� 5, -AT M, -4 L T, 0 0 I 0 A 06F,-.�WINTER PARK' BUSINESS CERTIFICATE Us C q, must., U I T CIE Ntmf ft -VA-VARK AVENUe aye fir, "P. FLORIDA 32789 WINTEW qiltky- Z•a PL LOCATIOW,::, -2if lil; 5 5,15 - L ...rd .-vt 1 4' 4' J* -TS ITEC -0� CLASSI i A *1 1'-�T :9;1!�; F:� 117 0 C 't; p "bil -Dolhiquen ..dh I A, 4 �-V j, :j*�;'�t, �:7 ISSUE GLEI L KO CHJF: L7 t f cat K X f 'Iles. L 3 278 9 "k J� Tbhk� SEPT 00- 14" It -8 V-81111M 8 a, t E.o* NOT 't Yt t t I Btj!s'hn(?, PrRecei't- Count 'Fforidz W -0 'd, Tax Coffe' dor Lo - I SS I ax ra nge zlocal bvsjne.5�slaxrecelpt Kin addition to and not in fleki orany-othe-tax, orchance"OL1.5in8ses.are subject to,regolation otzonfng, health a d othe. wful authori' b tfes. This receipt b Valid ftom October I through, Sc-pternbvr 30 Of receipt yint. Definquord pqriplty'is addod-Octaber. 1. ' ORIGINAL', 2010 EXPIRES 9/3012011 3010"00.14068 3010 ARCHITECT $30.00 K OCH ROBERTA TOTAL, TAX, 30roo PREVIOti" PAID $30.00 :w=!. • ; _: .. S.LY TOTAL QUE $0,00, FUGLEBERG KOCH PLLC : :K10CHrR0E$.1ERTA 2565 TEMPLE TRL FL 32789-1163- WNTER� PARK 2655 TE iVPLE'TR'L BI- WI.NTER PAIR K,,32789� PAft): Tilis,peceipt.is official w1w'valfdaled by 0ie Tax Cot,fec:tor., - Ekgtie dtu `' Ioritre te ec- . irate. 1c l-an n.i.hg- -trod bor raxnrni.n tor. w0i•td . ide `p tLll stic exp.afjSj04n aria . brand enhart�cment, via taetrcsl�11. to i a°li.t 1 Ater sintn nt ld str es that ghar'.,e comp: i �ncntat� h .r~aot i sc r40�p .i h ca rry core competencies and mark0s. A ra west C or oar tIax ��1a Tre"mblan uehec' St"�a��� �~ p�anj�ir��, ���� it�� ex pa..sion. x :- o.. tgknpuc� space P annin a,tt,oria.,0 'lro �arr pita.lt , he e toy nrbil 40 (CD).P.a ehd',ei.tinacial plannifd� it�= and op�esi riLl. es e 3.�tepe :e -tr :of o1`r bi riesQr s i ia , i c�at�d n n � u�t ho��ll�-eSident" al un`ts, �17 5l, O square feet o est ve ��eta� e is it'lities andac.. ctv t Qnlconf rent of the opus su otorOff: addifion al, Pt Iis�e a�rlirx€a - a ttciot ,off`acli:n ..op�� sta�drd', us p ton end: degnQ��:aribc .ir�aster p1a°n.r���n,�, the��e c�ri i�atran �.n irn en�enxa Ro o.rt ,.1 I_ r ams)rt I i ..a d hg es rt 2,0 8-�•0001S Po: t +C s Resort Q { roo s},, .aDi. i .ne r l'a ton -Clu.b .Trim s are resort: ' t r i ee I'a�rtn+ rs Ddvelop.rr ew gut Aix end re post�iani�gpvnsthing for" inter re�so:r.t�'irisa inel din �yC�it�bishrr+n 'arid, man agel c g . odtzon(a20,:.,Units,Food �zverag.= adon'vet�o.n grcttg s es opera �c.ns�: c Iris o is Wide -- ' Prodoiction off'::new p����L�et s�ax�dat°�s i�i, °��ci�°its anr� ,perations o advance e c�t's nlal, e e t �ati .asse,s5smen.tS' of various xon , doi�i es to and .Eerliatio 'Js as to s .li.t� iliCe fot-:retn� �d e-:aterl arne'rsto a Alfl �e fit. s se ento .H�arb, Michigan) 1V as er Cleve p. awing and advisory, s.c���ti��s can�ern�n� the ����lopment oir.a. 4-� ::�c-re e# ide��. ial, t nrn t c' ' I' inciustri tt id ntet-t�ii3 to . r deweleOpn�ent � hand "bi'iC 9M9 7r�ici ali-ties.. Tie~ ass ncia r t inelc� ed cre tioi -and ifnpp ebi n:tatioij-Q i .tea e . tau to t p st i dar s oz: "t�•aditi�tial neighb" r and de agn�s s�esid r ti coy � rl�ty.: OP P rtici ti n n th..is ,er-roi-t is- Ltnde-!j`wr tt.eti.lb.y ' 1,71117.lp ool .0�.porat o . AN ke ounh c n�o c ra v l� A� .r �: eve1a. �x ri GQ SI.t ' aid , ` i it i � : f the �. deve:opine.at of tide. dQw �tov�.-n allid waterfi�or��: ist��tt 40 40 city of Atlanta/Fulton County Recreation Authorit - Advisory services regarding the establishment of a themed entertainment facility proximate to Turner Field, the revitalization of the historic Auburn Avenue district, and the connectivity of these planned attractions to a planned aquarium project and the Atlanta Zoo. Grand Country Resort (Bi-anson, Missouri) --- Business planning, concept, theme; design, implementation, operational standards, site selection, marketing, business, and planning services, Surf International - Master planning, concept, theme origination and design of resort properties, including accommodations and staff housing, in South Africa, Mauritius, The Commores ,Islands, and Paradise Island (Bahamas). Church Street Community Development Group - Complete feasibility analysis and economic modeling on behalf of the City of Orlando on a proposed Church Street West Suite .Hotel, Orlando, Florida, Church of God in Christ - Guidance regarding the creation and implementation of a national development program of affordable, housing communities. Analysis of church owned properties for development purposes. Orlando Neighborhood Improvement Corporation - Advisory and design services regarding the redevelopment of distressed downtown property into a neighborhood of blended housing values, senior assisted living residences, and light commercial/retail. Cit of Gainesville, Florida - Advisory and design services revolving the development of 132 affordable single family homes in a traditional neighborhood design theme. University of Central Florida — Development support, design and operating guidelines for a major private/public student housing complex including 3,000 beds, parking garage, retail village, and public assembly facility (convocation hall) an r — -?,. 1 Z - e yy TT { r T +k l+y ; a.� 'e } r a' � r a�- �•L�4�it• 31 ;.t ..�.1� �d:,J,l1 t :}. }�!��,�:\!�. � TL-,L ' -lt wfl�l�{1�9 Fiix < ��� � �1 Aw F����i Fieta ll M Retail! 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'the -ce -nmend i n, e ''andi i afio')�, herehil: W. e ha-, &,'�,pred cited Ah"S .,a fr Jo I V OUr'::,cu&e-'1qtAh!de_r" tanding of :r ajr-,:City ty ".00j n 0. ectl ve�. P-�.. adya ced -throuth a-s series of n ormAve-conversmtonS with. stafftpreS fives o T`amatac aid the. y Ma 'of.', The .,u'nd.o­.mta.ndJ'cgs: that have --cut as":follows:: q A- th 'dv a n'ce cCityidwas, quaracte-fiz',ecl by, C'TWPOS�ed land. 14.­-R0Aew�j,cyajUat'e,,,a d' 'VIS" h d, oe "delincs Alfare 'dev.dopment the land Ve - with temperance: to govern". key of a i,cOncerns,,oE t. 1 4 1 t c Econorilic.op iiz i and s'Ynergis p�o ,c CUP M les _Sc;"h1&du1c gild- P'h9'.q`i'n'g effeo0..vene­,9 C. PrivaW,"A' s'tmen&Appcp.1 -d' Una term systa,'mabla outcoTne ong'4 t .-fie We` 1 66' 2, Advall c'e- "the _I(OIDUffiebtatiOn 'Of a. sti 'c o a on 'h s ni5c�s,"th y 'pet Cbntcq envirorimen a ffttlidtions CoMmun- ity,ideiltif-v as a" "live,,. Wdlrk� p,ay' to I'll- that,-scry s. res'den and'A rea on a-8; e L I raw& a ga.g., bil't a qit'n(:OTMniy �.�do' wy JeSt III afi on P V.-It _7 Y 3, M�as]`Uta yi Jinp►rove 'th e.Asfim tad bass oil both`,the a i e :and a4jaceijt' &-vetoped tIes; n z re.UjtOf impro -errients and - 'i.taI oper1. in occunm6�5�a Id, ratify , ncome o UCiry 'reyenut�$PUrces: ncremen 41 f �t ACM�'addltjonal'l, bnoi unite td f rthei up len !.L J, P, its so ao� 4 'CO'neontrat e,p' blic sery dem ands 'to highly, effic'ent rind ,.compai t ap Cafi� U icie a III Ic pli I V ic ISCITIC 11 �i-n fras true tu'rt, 4 the effective f ppWic' Optimiz,-c the'de f ery of publi esma d �f ven ass 0 J eg velopment.An. su'r'rowidiji�#- are -as outsi a 0 Energize new nv tment, and tede de tlie zone 'h., nce - cqAirne���if�; "business, and'residential: zonelj,tLje� of - by .�,idevelapment pt,�erm& hat en a t t o. the: Jamet di'stri'", t. P $ 1A .jVOgrR CJWS 2& 8. 111 r ode) -of -, Geboirate'an :Ofec we tiblic/privig tte, PO d :c� mm y manage an riva e.." wn't., Visionary, comnlutlt.Y.' leader's'll' n 1p. cre i e: _g, imtej�P ri se ficcep�anmi� - Git'. ul, :`Of'. lias.' fiq, h �,d:i -v ilv of the alfi, Jcment.q'that qLum T 0.,tjjeS6.1 .&Ods. 0 'Ic _s .,tone i i �t to -.Odvaneei3Ow� Obje`ctives'�'to erai` nd dt' It T� +� A :.p�'oi�c set r a tic�ri � _s P es. W h UL �ggesti'n-,ttlinco'f co',mincin-'&A-0 a c o u n. t Zq` b i I rit Y, 'th,ii 'rra e c rjj,? �j -0 e, t a j,4 1, A s Lim m at .fit' the-ste s wi,_ a fiv A' S�c 6oa to ffo,�'gr&iwr d Y 27 I U d, le 1hro I e Y • A narrative of initial conceptual site development patterns together with a proposed phasing sequence and some early massing streetscape images. A fee proposal for the continuation of services by Group One (GlP, LLQ, in support of the activities as described. We welcome your review and commentary and any questions that may arise. 0 Onalicial dviso' r r1w.nce Director Director of Comtnuiiity Development TAMARAC The City For Your Life City of Tamarac Mayor City colliplissioll � city Manager Public & � IF Economic Affairs 74 St x" 7, It n City. Attorney Deputy City ]VIO1 Assistant City Mazi er TAMARAC — MIXED USE CITY CENTER PRE -DEVELOPMENT PROCESS AND CRITICAL PATH Group One (G 1 P, LLC) June 142010 As a supplement to the attached critical path model, the following descriptive commentary is provided to illuminate the incremental steps and indicate their interconnectivity. Project Man a ernent The overall procedure will require central management and coordination responsibility coupled with development knowledge and skills as valued by private sector standards. While the pi-oject management will likely be overseen by a development council representing City, Legal, and -Financial interests, the day to day oversight would require a dedicated staff to implement milestones and integrate consulting contributions as appropriate to each task Real Estate valuation This phase considers the programming of a vested entitlement together• with a companion land use plan founded in factual market awareness. It should represent a, coordinated blend of design; market study, and promotional efforts that can guide the highest effective outcome with the most time constrained and risk appropriate approach. The steps are. 1. Strip market area — Survey overall target market for existing and proposed commercial interests and identify optional positioning opportunities and related market voids appropriate to the candidate development patterns under consideration. The stripping process will evaluate the ultimate occupant options and also identify a list of developer and investor prospects that could be employed to achieve the final result. 2. Identify development positioning -- The nixed use fabric of the development will consider the fusion of existing occupancies within the district to be retained together- with supplemental occupancies that fulfill the opportunities identified by the "strip market area„ exercise. Considerations should also include the areas within the city outside the identified district, such that competitive options remain for other available or re -developable sites within the city. The three industry sectors and their lncrernental positioning segments usually include the following: C&inniercial r"eloil categories Po1i'el" center Neighborhood com,,enience Outlet distribution .toousehofdldurable goods design center Ertel" tarn?n7enfltheafel- Fashion (discount, boutique, and prennzin7) 5 C, Personal services Sport an d fitn ess Off ce categories Legal services .Financial and banking ser-vices Corporate and regional headquarters Executive offices Medical centers and outpatient clinics Professional services Education ,residential/hospitality categories Rental Cor7d ofn l F7iu;77 pendent and assisted living - Licensed Musing hoine Extended sta)j suite Hotel 3.. Target Occupant options — Based upon market study, develop a list of candidate commercial, corporate, housing and hospitality participants with potential market interest and limited geographic presence. Qualify their candidacies for prioritized contact initiatives. 4. Occupant Networking — Through active participation in ICSC (International Council of Shopping Centers), personal contacts with key business 'enterprises, access to major development leaders, .and strategic brokers, build a network of contact relationships in preparation of issuing development promotional packaging. Entitlements The highest and best land use must respond to inarket opportunity, available investment interest, the financial climate, and a unified vision if a higher synergy. between associated uses could unfold. Each step is essential to assure the vesting of a land use that reflects a viable and achievable outcome. They are likely supplemented with private instruments of cooperation that will guide both the development implementation and the operating life thereafter (POA, MA, EIS) . Altemate exit strategies as well should be part of the approvals that identify the key "back tip options" should market conditions change over the evolving implementation period. 5. Intensity Study — develop a potential physical intensity plan to explore the combined sites capacity (new acquisitions and culTently owned lands by the City) for differing occupancies and the physical opportunity to achieve critical mass for viable development and preferred developer responses. b. Positioning Overlay -- Evaluate every alternative target occupant against the intensity study to determine likely locations, phases, and pre -requisite conditions required to make the proposal suitable and appropriate to overall plan effectiveness. 7. Concept Site Study — Allocate prospect uses (and their candidate prospects) to site development patterns and buildable site proportions to affirm intensity potential and sequencing patterns for development. 8, Strategic Plan Interface — Evaluate preferred and alternative strategic plan and exit approaches related to the concept site plan for acquired and adjoining City owned lands with the phasing increments proposed as each are advanced over the development tune line. (See Strategic Plan section.) 9. Design Team Assembly - Collect, assess and award design team contracts for all design professionals as required to deliver approval and subsequent permit ready documentation required for land use and public infrastructure investments (water, storm inanagernent, sanitary, electrical, communications, cable, roadway, public lighting, sidewalks, parklands and street furniture by example). 10. Entitlement Application -- Begin the fonnal site plan approval process in the city and manage it through final vesting. 11. Covenants and Restrictions -- As part of the overall development plan the integrated uses will require one or more comprehensive associations responsible for the care of common assets. In addition, the merchant community will likely . require an association charged with the coordinated promotion and special events fore the district. Combined these will likely give rise to a combination of Condominium Association (CA), Property Owners ,Association (POA), Horne owners Association (HOA), or Merchants Association (MA) together with rules of behavior and financial obligations to govern the Common Area Charges 40 (CAM) and other related interests. The management of these instruments of cooperation should commence during the entitlement process. 12. Final Site Plan Evolution Plan -- The composite of public approvals and private covenants and restrictions form an organized picture of an ultimate objective. That picture would likely unfold in sequences or phases that seek critical mass initially and logical evolution thereafter. Market demand will guide some of the sequencing, combined with construction phasing impacts, absorption rates, and tenant transitions. The organic growth from first phase work to final build out requires a managed sequence of events that maintain public attention and offer changing offerings that serve the change in market appeal. Some elements near or related to the development district could bring benefit to the approved plan while not being a part of the district internal development agenda. These elements such as future Pedestrian or vehicular connectivity to the east on NW 57`h St., the future improvementsth to the existing commercial development patterns near 88 Ave and NW 5 7th St., and the rehabilitation of certain marginal properties in between both should also collie lxlto consideration to assure a comprehensive plan that works synergistically with neighboring interests as well as the undeveloped land areas within the entitled development zone. 0 s ratei6c Plaxtn�x� In the land punning effort, the proposed venture requires a thoughtful consideration of various development approaches that might be employed and bow the risk/reward consequences of each option are to be assigned. When public interests are involved, assigning an acceptable balance between investment, incentive, risk and reward becomes a key factor between the public and private sectors. Each step hereafter leads to an assessment of the _ choices that may be considered and the yields or assurances they can advance. 13. Business and Exit options — The preferred development approach required for the entitlement process should consider the level of public participation in the advancement'of the stated objective along with the private investment/leadership expectations of future participants. The public role can range from land consolidation of acquired rands together with contiguous City owned lands in favor of one master development partner; to master managing public infrastructure and entitlements in anticipation of deployment to multiple private investor/developers; and a broad range of options inbetween. The identification of the prime alternative strategies and a comparison of the financial parameters of each allow for the risk/reward outcomes to be assessed and allocated to the appropriate participating parties. 14. Public Commitment — The public sector through land consolidation has undertaken to invest into the venture. The ultimate conveyance of those interests to private parties can include incentives that enhance interest and greater attention to the opportunity frorn private development interests. With each public incentive, the public role is increased and the public reward optimized. This optimization may take the forin of greaten financial benefit, greater control of the final outcome, or moderated risk in the implementation .plan. The degree of incentive and the reward considerations will guide the level of public commitment to be made. The resulting commitment will qualify the process thereafter and clarify the development prospects best suited to implement the vision that unfolds. 15. Investment/Value Analysis — Value improvements in the real estate equation resulting from the entitlement and other public commitments need to identify a delta that justifies the investment, with each investment option there should result an enhanced yield along with a more assured outcome. This financial picture blended with an understanding of its impact on the private investment community should guide level of expectations of the private partners measured in time effectiveness, overall cost, subsequent operating efficiency, and market performance. Fort-nal property appraisals resulting from investments as advanced will define the margin of value increase resulting from the selected busi less strategy. 16. Developer Solicitations — the private investment community can be identified and sourced at multiple levels. They could include Master Borizontal Developer, Vertical Developer, and End User. The solicitation of interest for these various roles will result from the strategic business option employed and the level of public commitment brought to the venture. By example, a public Investment in new and refreshed major infi-ast;ztcture could 114, negate the need for a private master horizontal developer from the equation. : A. series of processes Including RFI (Request for Interest), RFQ (Request for Qualifications), and RFP (Request for Proposals) will fall from the choices made. The preparation of the solicitations, their valuation guidelines, the evaluation process, and prioritized recommendations will be important parts of the ultimate project. These solicitations could be organized into a single master or multiple segmented invitations depending upon on the business strategy employed. 17, Time and Funding Scheduling — The business strategy will reveal the calendar of events and the funding demands that sequence with each event. This guideline will be subject to ongoing review and modification as conditions warrant. Combined with the financlal analysis of the venture, through implementation and operationally thereafter, a comprehensive business plan will result that will offer milestones of assurance and measures of accomplishment to test development progress and effectiveness. Finance The financial requirements of an investment require a thorough understanding of the source of funds, the budgeting of various costs associated with the event, and the direct and indirect returns to be realized from the effort. The finance plan and capital management of the effort demands leadership in both fiduciary and legal arenas. The process of projecting, monitoring, managing, and reporting will be ongoing expectations of a well run campaign. while a never ending effort, it does contain some critical milestones of importance. They are; 18. Milestone monitoring -- From planning to revenue accounting at the completed end of a venture, the financial projections, and reporting results will govern the fiscal judiciousness of an effort. At every key milestone in the creative process and through the construction and operating phases of the program, an economic measure must be updated and evaluated for comfort and performance, 19. CDD or TIF funding evaluation — Public/private partnerships often allow for soMe improvements to be funded using non-traditional funding instruments backed by property liens or tax levies in lieu of private equity and lending formulations. when appropriate, these alternative capital approaches should be considered early for their financial inerit, their Impact on design configurations, their credit and investment consequence, and public control they can advance. 20. Value enhancement and income projections -- Public and private investments are in search of return. For the private sector that is usually measured in revenue alone. In the Public sector, returns can take many forms including precipitous impact on the subject lands and surrounding land values, public service efficiencies, commercial sales tax revenues resulting, and public revenues from permits, impact fees, and other assessments or user fees all contribute to their bottom line. A. wider range of considerations and returns thus are brought to bear when considering the worth of public investment as an incentive for private investment and ownership. Some discussion as to land transactions as part of an incentive can also entertain sale, land lease, and equity participation as part of the relationship. The modeling of these various approaches can guide the most project and performance friendly decision for all parties. 9 C 1 21. Bonding or special Funding initiatives — Should non-traditional financing be considered the preparation, aration issuance and sale of these offerings become a major financial component of certain infrastructural assets and selected occupancies. The management and implementation of these special funding approaches together with their coordinated impact on the underlying asset the capitalize can be a significant factor in the economic incentives that y g Y p advance private interests and investments. Packaging yand Public Relations For each phase of public interaction, outreach materials and efforts are required to promote the desired outcome. From the approval process to the marketing process, all efforts should seek a controlled information program that places the best foot forward on behalf of the project. Each major milestone is a PR candidate event, both for the project and the political interests in support of it. ongoing newsletters could even survive completion as a part of the commercial promotion of the tenant interests in the district. Key areas of concern could include: - 21. Final site design proposal -- The understanding of a complex development vision rewires graphic tools to convey comfort related to scale, intensity and evolution. Graphic tools for establishing a cooperative climate between staff and political interests will help in assuring support during the period prior to entitlement submittal. 22. Entitlement packaging - Design imagery important to the entitlement process and the public vision of the future objective is part of creating public awareness and community support. 23. Promotional packaging — The invitation to consider the project at various key intervals in the visioning and entitlement process should be companioned with, "eye candy" that portray a marketable commercial opportunity worthy of private investment interests. This body of work is continuously evolving and refined to respond to the continuing private commitments as they are identified and included. 24. News release I Speakers bureau — A well managed information program is proactive providing channels of information to public interest individuals, investment prospects, civic organizations, and news media. Controlled and pre timed releases can be used to suggest momentum, build support, and advance community ownership by the general populatioll. 25. Contract development - while largely a legal matter, the packaging of letters of interest and contract conditions can effectively improve the appeal to the investor participants. Balanced terms, offered with selectivity, to target and prioritized prospects in a professional package, as if an elite invitation to join with the enterprise, can measurably assure the quality intent of the development and attract preferred participants to the table. • 10 Sales The development of prospects from introduction to closing on investment, purchase or leasehold real estate transactions requires a lead Brokerage campaign with participating Broker interests in many candidate sectors. The identification, qualification, courtship, negotiation, and closing processes all lead to a final occupant within a development environment. The key milestones include the following: 26. Prospect identification — Initial real estate considerations will identify a project positioning and a prospect participant list to serve that vision. That prospect profile will undergo continuous review and qualification as the final solution unfolds and as the make up of participating investment interests come into play. Through industry forums such as 1CSC on national and regional basis, through direct contact with development and investment participants, and through continuous efforts within a defined Broker network, a list of retail, commercial, office, medical, hospitality, and residential development companies and end tenants will be produced and prioritized per project opportunity. 27. Project packaging and promotion -- Orchestrating the collateral materials and advancing them through an organized campaign using all forms of media exposure will assure a broad awareness and improved response behavior from the prospect list generated. 28. Investor invitation and introduction — First contact and ongoing orientation of project objectives in concert with individual investor parameters will define the initial qualified merit to the individual contacts and positively initiate a process to carry them to exclusion or acceptance. 29. Contract negotiations — The best negotiations blend price and terms to balance, with some agreements focusing more heavily on price and others on the ten-ns to be imposed. Evaluating the financial consequence of either focus will allow the contract advancement to find equitable levels between parties and award measured success to both participants. 30. Acquisition support --- as the property development commitments unfold, the result of each assembled participant can have an impact on subsequent candidates or the physical aiTangernent of the prevailing plan. Continuous adjustments are thus always in order and proper balance between entitlement and occupancy is most effectively assured. Construction oversight From approval through implementation, construction activity will require a coordinated cffort between all interested parties and the related consultancies that are part of the development team. Major work phases could be segmented between horizontal construction improvements, common infrastructural and amenity improvements, sectors of vertical constlltction, and tenant fit out phases of the work. Representative agents for the public partners in public/private partners have a responsibility to protect the investment interest and assure the quality standard of the objective is maintained. 11 0 0 Multiple project efforts awarded to multiple contract providers could also demand Construction Management control through a central coordinating team. Subject to the Strategic Plan approach employed, the construction through delivery process could find multiple needs for construction oversight in addition to basic permit inspection activities. Key elements could include: 31, Consultant Management The consulting team each have a focused agenda. They only share a view of the larger vision through their coordination agent who in its best _ form is mindful of the business mission and the investment parameters as much as the physical execution. The coordination of these various elements into a well executed outcome requires a consulting team well coordinated with each other and focused on a "team will" not just their assigned task. u .0 32, Construction Management — Multiple project initiatives such as may arise from a major mixed use endeavor, will often result in many contract efforts underway by many independent irriplernenters. The coordination of these various interests through managed and integrated scopes of work will assure a complete and comprehensive solution results with minimal overlap or gaps in responsibility. 33. owner Representation — Various interests exist in partnerships. The passive participants require verification and authority to assure the standards of implementation remain true to course. During construction, many unknown issues can arise requiring consideration.and decisive action to assure an uninterrupted process. Combined these require administrative presence during the build out to assure the construction intent is adhered to and the interests of the passive partner are protected, In a time of sustainable importance, many decisions can affect operating efficiency and recyclability. Monitoring the selection process for adherence to this emerging standard of care begins during the creative process and touches all phases up to and through the operating life of the property. 34. Quality Assurance — All construction activities require a quality assurance process that inspects the work product at regular intervals for accuracy, installation appropriateness, and working effectiveness. From site infrastructure through tenant fit out, the fidelity of the implementation determines the serviceability and maintainability of the built component. 12 TAMARAC - MIXED USE CITY CENTER CONCEPT LAND USE EXPRESSIONS Group One (G1P, LLC} June 11, 2010 I, Introduction: r ocess of land'evaluation evaluation which led to the acquisition recommendations prompted a Thep . study of the overall site and adjacent parcels, with an eye toward optimized intensity and land sty y . use patterns for the combined sites. The consolidation approach limited the tract assemblage to three new sites combined with two existing sites cuiTently owned by the City. Notwithstanding, the s p vision of redevelopment for -the total district, within which the consolida ted sites are located, considered how the pattern of proposed development on the p controlled lands might also expand into the remaining land areas as bordered by 88"' Avenue on the ea 94th Ave on the west, West Commercial .Boulevard on the South and The rear of east, lots facing 57th Street on the north. This area of redevelopment anent also considered all corners of the intersection of 57th Street and 88 p `�' Ave and anticipates the connectivity desires of the future development in all directions. Several business interests exist outside the consolidated lands .but within this district, Some are unlikelycandidates for redevelopment because of viable ongoing business venues, and c anP others may over time find redevelopment a better use for the land areas under their ownership. The vision therefore sets in motion thoughts that inight be applied to such a redevelopment effort outside the controlled lands in patters, uses, and intensities that integrate with the core real estate assets under consideration. visioning exercise strategically did not avail itself of meaningful interface with city The g g planning anen Tannin d engineering forces for reasons of confidentiality during the land consolidation g g exercise. For that reason, , it must be noted the attached illustrations and coinn-lentaly are subject to ib'appropriate adjustments where public objectives, regulatory interests, and inter � agency collaboration co1ne into play. 14 0 u r� u 0 overall 'District Evaluation.', u eva. is v early flle most important rtant ` - - b , PO Av 'd We St C-Ommer BO I rd Tbe Inters! ectio Of-91 is toup.led, widi -s U 0 . al Bouleviakd..',� It a 'led �en o nt off.00111mel"Cl --median' c� esr try p I 4 access into, �reside'h -tt al, r�i 'hbOrhoods.I.O.the nort, and im- ercal B61A w .1 ­ l evardit. �aligris' ith011, e C" ' 1,and consolidatilers byn I In Ity11a' ds -*'ffi .sputh-and it 'is bia'cketed on. botho jitersitiiie. t et, fonn - th ve and 57 S cerit 'I intersec d 1i i�:, -ection " Of 9 1 A' aa ditioth " th iterial. pattem:de m-an' imersee d the, tion 'of F­: Ave, atid" - 57 in a Combined thi'$". "first and mAj., ?pr�,..en 6 t prattern, le str�kt d S-treet be d' `"c C eve bvih ular, -an0 1p ty bOt _ S re e' "Iy limited w is c nn ctivi - n t is- 8evele n.oigrid &V'.��ess off- 88" Av"�-, -0 to- 57t 1 �,t 'i st p n -PC e re -n for 701,� h d, .'south -df that titer' Oti . - - St e a d' stfi a 5 t ort ra c..,:.generator and. i y it is, a: key-., t COntr 1' 6 t, i ts I' evion �and sWbJect -to '�.t Ot 0 -ect ng.. .5 f rea estate activity al-O' op Im i g -quaAftynd cto iz'n - Ih&' ., va ue 0 r in ctivity v access 0 'Conne a id 'r.ove 10 IMP d' nemp treet or, e east an w s 57 �betwc n" E-nds..of 57'h Street sbould. be considered 'if the butollie does not measurably coMpromise Mort/south ent M 88"' Ave. c M edian cut. n " est ommermal oulevaxd oc a •s between 9 i`` Ave and'' 94"' Ave... It also provides �valded acc ss lzito the. district and should be rctected.. A si Par medi n cat t� St . would ' b of great value along die front�.ge hetween..88 Ave and 91Ave potcntia.11y Occurd-ng near- the' curb cut, currently serving we-ndy's.western border. f he westerly accCss off' 9-01 Avg Onto 57"' Street allows for fulJ maneuver move jnent and. should be protected. eincr a o these . access.points (e'istrig and pt•poed offer the potential for grew internal access to th, tbtal deveIopn�et t and should be are �Ievated priority �n the final arterial p lan l`o- the district,.. ogle: Stipp ler ental c:czrb curs Tong Wiest Cornmeh i'' B 'Weva" are seen as im ' tans. spice access pointy it1 suppoi t of a "new -,irban" a�proac , t6 the site development patter And a de `te- to'shleid ov�ir e� cisu�•e d�service and arkin' venucs..'. p p Abe ? street tight ol', way s gcnerous.,It cad a is r a ma sheet .char ter • o gr-a.t astir ction:. T r ght � of way could allow ,fdr Aiigf d P 'arkin' o � e h side of a divided ined ap, �-sidew"Al.k/promehadc along the. edge 0 Parking, and roadways sufficient to allay° t�►c� traffiC cah'ned lanes of mbvenlent in each. direction. Public Place Ahk 0 The intersection of 91" Ave and, 57th Street is a strong location to provide a "public square" that could serve as a civic/social centerpiece of the district. a slight reduction in the corners of the four parcels that define that I intersection could permit the creation of a four sided square on diagonal that would operate much like a roundabout for traffic movement, The net interior area of this square could approach a one acre reserve. Such a feature could easily serve as a reference point for the district, an affival accent for incoming traffic and 57"' Street movement, and an activity space for special events within the district. The revised appointments of 57`k' Street could make it a lineal park -like setting with features - such as treed median, sidewalk furniture, feature lighting and sound systems, and potential art on display that together with the central square would create an attractive pedestrian environment. The arrangement of streets, drives, and se7-vice roads have been organized to allow for selective road closures that convert 57"' Street to a festival or event based forum without compromising parking access or resident privacy. L Organization Primary access off West Commercial, the central park and the radiant extensions of 57`i' Street all suggest the four- corners of that 57"' Street and 91" .Ave intersection should Douse the key retail/commercial anchors to the development. The dimensional constraints of the site are the most flexible. The visibility from passing frontage on west commercial is the clearly the best. The energy from tenant interplay is potentially the highest, and the diagonal traffic pattern invites inspection of business and occupancies running east to west along the 57th Street frontage, The remaining sites north and south of 57" Street are dimensionally constrained such that building faces should optimize the net useable lands as defined. This should result in reduced setbacks off public rights of way, heavily featured.as outdoor public plazas and promenades. The retail face along West Commercial Boulevard is extremely valuable. if parking were to be positioned behind the storefronts, this would allow a clear and prominent street face to serve the ground level occupants and shield the parking ffon1 West Commercial exposure. Con-espondingly if a liner face of buildings were to face 57"' Street, the pattern would contain the parking areas to serve those uses away from the primary drive and street pattern. Building heights along west Commercial might not seek very high status, allowing for interior buildings along 57"' Street to rise above the 57`h Street frontage and suggest a depth and activity off` the West Commercial Boulevard exposure Parking initially could be on grade within designated "mid block" parking lots and sized such that bigger building options could convert these surface execution to Multi -level parking platforms sized per building demands on both edges. 17 'The 'wh northe'rly �e'dge'0&57 Street would invite i line� r buildin edging "the, ripaht,6f W,'ay It Parkirig. Jji the 'reares well. The westerly end adjacent to the cliannels, would best bit assigned I*eSidential uses ,as .'a buffer to, the 'commercial traffic, H etc to,the'parking facility .could be, eithe" t surface or deck used upon 'the inte"nsit'Y'sought. op m en MmOntally each. "block' of the devel t could un old independently with 'a timing dictated :by -its.`Individ-oal.� interest and 'apptlicativ�. 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Use" Alloc;01'6 ft.s The.l d. after � as . er ,�a �� cd fa s comn�e ei1 : i�cd� . foed a l�et�ere ccupancies a , ��aund. f of or tenants oa West •��.�x merci.ai Boule.Vrard n.d�t �e soud) �a��.,�f.57�t `te.PFre1s seeiv1l�aorf s m a��3eccup�aexes fo�rg rt.ai Te axits, bu fkywoiild.b�d nitedby.Ns" 'so.ffc users,. sld r �iai .. el• l6V� , o � d 1� s neck Q t ie r e►11h side of 57111 ' Stree. roan d level l g aceupar ei s e o r them d e e p e sed as sj .11ter prc�f��sit���.�1 s��i-efra���s .�� d tigt�fi retail. o.GC tipa,�cie.s. SUItable for 6anstmetidjl a pli�ations bsed in r�esideiitial' bul ldiii s...' The. � Qund. level space initially should allbw'res*ideiitial use as. 81.,IIIUi the .de t of the s��all. 'scale of is d �r t is teua t e jiat�ds �I'm to m*tc t��� �r�sid ' flai dei-nand; �ental resid .' nt' l iil likely: be 0 _restoi ed de ii6nd t ar• ' t first Over Qondom i��� t .: o vers.i thus: old be a -a 'a ln�ed intcn ospitalIty remains a candidate upper floor occupancy as �wei v�ith cot n1er ial r� ated_ us within that occupancy as the ground floor uses. These too rpi ht Iocate on the north of 57th Street with access convenience close to the rna or con ers of 5 street betwQen Ave anal 91 st'o. xiti drub s o.�-e: e elo�rne .is Ares sed to remain. Existing assisted living unit is presu.znod to remain but ;f repi,.ced .is allocated for ho''Using or. h.ospitality. Existing off Oe occupancy at 57th Street and 88th Ave is PI'Mmed to be cnhaneed v� .tb structure parking allowing,for the gro°rid level undor, build ing parking:to h 'n filled with grade level retail r cof.hm­dclal. occi4paPcies; 22 0 is 0 23 ;r•. �4•: irk ; ,y , _ �_` ✓,., �{��,.:. _ .__mow •>.`�;. 4 - ...., � ., 24 0 0 C, P9, J t TAMARAC -MIXED USE CITY CENTER PROFESSIONAL FEE PROPOSAL Group One LLC (G IP, LLC} June 11, 2010 The activities required to advance the schedule of activities will require a team of contributing parties. outside consultants will lay important roles in the implementation of the tasks ahead. Many staff and P P This proposal considers the role of Grow One, LLC [G l P, LLC (Group One)) and the dedicated t advances the implementation of each of the incremental steps as outlined, management team that p _ directs and coordinates the collaboration between other consultants as required, engages in the public promotion pp s p the issues, ofaroyaland private investment consideration, and reports with regularity - recommendations and progress of the work as it zDoves through the process. The scope therefore for Group as suggested One, su ested in the organization chart, shall include the conduct of all develapment management activities therein. Services of other consultants that will be required from time to tinge including but not limited to: • Legal Advisor Financial Advisor Market Analyst • Feasibility Analyst Land Planner R Consulting Engineer Graphics and Imaging Consultant shall be separate agreement either through City appointment with Group One serving as the management agent on their behalf when so assigned. Time and activities as set vary et forth may significantly from week to week. To allow for a manageable �`y g measure of financial planning annin therefore the proposal considers a professional agreement funded by a covers all time and related travel expense between the offices of Group One and monthly retainer that the City of Tamarac. Other costs associated mrith reimbursable expenses shall be in addition to this proposal. Proposed Fee and General Terms: A monthly retainer at the end of month of service Reimbursable expenses as authorized Temporary interruption of service and compensation Re -start of service Termination of service $35,000/m©nth 110% amounts incurred Upon 2 weeks of written notice Upon 2 weeks of written notice Upon 30 days of written notice all services as proposed upon your acceptance of these conditions and We are prepared to inauguratep gall commence upon that execution and the execution of an Agreement for Services to follow. Time shall p continue until such time as the events as schedule are completed or as directed by the City. 26 0 0 0 0 VILLAGE CENTER SITE CONSOLIDATION PLAN OBSERVATIONS, ANALYSIS & RECOMMENDATIONS January 26, zoro 0 GROUP ONE DEVELOPMENT CONSULTANTS 2555 Temple Trail Winter Park, FL 32789 1.800.393,0595 0 General Charge- and Objective As part of a comi-nunity based desire to explore the creation of a village center and to advance a distinctive environment as a centerpiece of community living, an exercise u1 site identification, evaluation, and ultimate consolidation has been initiated. An overall redevelopment area has been advanced that is believed to be worthy of this objective. This analysis considers a portion of that area for the potential of gaining control and effecting its repositioning related to the con-irnunity objective. Within the overall redevelopment area, specific focus on the westerly end has been identified as the subject of this commentary (the targeted redevelopment zone). The initial tasks in this assignment were to: • Conduct an independent overview of privately owned parcels within the target zone for the potential opportunity of purchase, option, or inclusion in a cooperative visioning and master developnient strategy. • Review recent real estate transactions for the purpose of identifying comparables and estimating probable cun•ent Fair Market value for the various sites within the targeted redevelopment zone. • Identify Owner interest in sale or cooperative transaction and identify prices/terms that might serve as a starting point for negotiations in a site control and ultimate consolidation initiative. • Identify probable terms and conditions related to the potential control, acquisition, or cooperative consolidation of tip to nine (9) identified tracts and poise a �ecomipendations for potential issuance of "Letters of Intent" that advance negotiations and confinxn basic land costs as part of a master planning effort going foi-ward. • Offer follow tip recommendations appropriate to the various consolidation options that may arise. • Prepare a standard Real Estate Agreement for review by legal council ill preparation for advancing contract control selected sites in favor of the preferred consolidation plan. 0 0 u L TARGETED Mr. LEGAL :.:OWNER. LOT .101, FIRST EASI.-sAvINUU, AN LYONS COMMERCIAL SUB42 ­'BLOCK19, LOTS 2 LYON$COMMERCIAL SUB#2. -BLOCK 1 a 'LOTS 1 %8#2 .Y.ON'r'C.dMM'R"AL LOTS 9-10 LYONS: MMERCIALSUB#2 LYONS COMMERCIAL. SIJS02: 'BLOC K: 9 Ots LYONS COMMERCIAL SURN2 .,BLOCK 9 PROPERTY 6 -LEGAL OWNER 6L LOTS 3- T) tMARAG MAIN STREET LAND INC. LYONS COMMERC1 SUB#2 ,: LOTi-Z EUAS PROPERTIES TAMARAC LLC' LYONS COMMERCIAL SU8#2 WALGREENS BLOCK PARCEL.A CINNAMON TREE. PLAZA INC. LYONS G JM NER IAL. LIB 2 'OFFICE BUILDING 9 LOTS 24'BLOCK 1 .9457 LYONS LLC .::LYONS 0MMERCIAL 608#2.. ° ADULT LIVING FACILITY-- '! 0TY OF TAMAMC �. -CITYOP TAMARAC� . LOTS 441 KOCK 4 INTERNATIONAL OUDu141ST PROGRESS .YNS 13VI?US71#AL OAR..: 'SOCIETY INC.,° LOTS i.3, BLOCK ° TAMARACJEWISH-CSIVTER ING� LYONS INDUSTRIAL PARK .i4" ' CITY OF TAMARAC_ ° Io J LAND9 VILLAS 73.7.4 SULTAN FAMILY` E: 'fit,: R 1 PREC SULTAN °874j:14W-67 °ST. The� r is include u a a� .��� pr r �ti s tl r ; h# bye as �n t a °ohs . . �'1[� (finn �` (� {� �'+ �r {� 1 �'+/'►�c �r r [� .�.eSf dill°.l 171 [.e.a�°r,Z►7 Gt�1Y�4.�fi?4� Y���.•` . ..:. ' i y r'�p t� /1. �+ 4 'j /'� � (� �'` j�'(� �} {. 4{3L�4. Llt.r�fTl�'Ax !IL�/�G1r7.V �i 4 Y a�11,1 pats lei , p eh 1 Q a)]q Ul" 1, e���� s . that ��e�tt�� 11 corit��� � a�t�������� t� ��•e undertaken %r �� ixY�pass:�'��� to �ort�r�n. ��` any, _pp'� � 1� 1 IS 1' �' � °. dyanee .of e i r 1; o . T . I'e So 1, ear. t :ei'e 4Y' , L1 lxS . G SI 0 S O t a %)U arC.e S'' c1 �I R z e QS1upt i J1 11 the 'zone pp'L .:��� V15I.ompg n 1' . 'V C �� 1t activity `' otild' I1`ett : #Q... XC ,iC °°..t� el'r t 1 � °1 11' h1 ►1'€ t a.x ,: I ` ubf c r hus h-at CaftTently ex. st '�n the �ilocess t �:f a filie .°tar etedredevelopment.. zone fs Prix o��al- ��p.�T�nt ar ctd` .1° t�zc; .. es , .entirety:Qf. at a ti 5:7 tre .f�o� = �1 76 Avg. an 1iw s o N �4 Aue aY a• fasts i� :fii nth � ii fUsx .off' t � a • + r t ° t ae y .t i de��I������r�t , ��a�:xsi�� � � t�;bl'� rrgl'e t 1101th of the easfers.eCtoni OVERALL. SITE GEOMETRY 0- 0 0 It would be inappropriate to consider the targeted zone without also recognizing the positioning and potentials of the entire expanse of land as identified. Any repositioning or redevelopment strategy would want to assure a viable and distinctive posturing of all the available lands within the overall redevelopment area for future success without the performance of one "cannibalizing" another in competitive ways, There also exists other developed and undeveloped sites in the general area outside the Tamarac Jurisdictional hinits along west Commercial Boulevard which also offer distinctive advantages that must be considered, The assemblage therefore should weigh: * The competitive context the targeted redevelopment zone finds itself in, • The various jurisdictional environments that could alter current land use patterns, + The immediate area values both within and outside the Tamarac city limits, The special distinctions, challenges and opportunities associated with the site related to _ other Candidate competitive sites, + The potential. positioning platform selected for the targeted redevelopment zone that could award distinction, and * The T'arnarac objective related to vision, need, and overall community image advanced under a proper development strategy for the zone. 0 R Value Generation Consolidation alone does not generate an added property value outcome. other factors must concurrently improve with consolidation before values can be enhanced. As the targeted redevelopment zone is examined for features and arrangements that generate property value, those can be categorized under the following areas: • Zoning and land use entitlement -- The cuITent sites within the zone permit certain uses and intensities when coupled with site plan approval. The appropriateness of each use determines the land value related to that use. .Zoning often defines and limits density or intensity. However, higher densities and intensities, usually carry with them greater development costs along with higher land values. Not uncommonly the greater construction and land costs result in lower viability along with greater risk for the end user. Zoning entitlements that expand intensity while nnanaging risks favorably fo1Tn a combination that can improve property values higher, sooner, or faster than those that do not have the combination in place. + .Accessibility -- For commercial uses, access is a central. Multiple accesses are even more valued. Accessibility is composed of features of advanced announcement, ease of entry, logical wayfinding, and comfortable egress. It is also valued by area traffic and devalued by congestion from too much traffic. The better the accessibility the higher the site value. • Visibility — The ability to be seen and recognized is each commercial occupant's objective. That may be expressed as their part within a larger whole (as with a mall) or individually as would be found on a village main street with individual signage assigned to each tenant. Signage as well as building frontage both demand quality visibility. The more who can see, recognize, and remember the location and its occupant, the higher the retail value of the location. Views contrary to visibility, views suggest that outward perspectives can affect certain uses positively. Views of water, amenities, community open space, and distant horizons from elevated floors, can manage land values upward for those sensitized uses. • Site efficiency -- Many considerations embedded in site development restrictions or in engineering mandates result in lower site efficiencies measured in net cost per effective buildable area. when certain functions are reduced, consolidated, or shared they can produce More efficient site outcomes, Shared storm water management, titre shared community parking, reduced setbacks in favor of effective common open space are all examples of means to raise site efficiencies through entitlement al1d through levels of cooperative co -development. The higher the site efficiency the better the land value. • Area identity and distinctive experience -- There are different values associated with execution. The more pleasing the environment, the more the willingness to pay a premium for that setting. The execution fabric of a redeveloped zone can comm-Unicate strong and favorable impressions when properly themed, Managed with a unified standard of care, and awarded a sense of place_ 6 4D • Incentives --- Incentives can come in many forms, Economic, time/speed, flexible parameters, expandability, and synergistic are examples of various incentives that can be bundled with real estate to advance value, There is an old saying, "Your price my terms. Your terms rr�y price." It reinforces the proposition that value reside in both factors. With the right terms, a preferred value and pricing can often result. 7 O.MPOSItReft: eti ''A -me A focu' s on . the la.r'er land areas from which the inrpted, redevel'prne t +�� � ig der1 'e is an }ripe -t t first st P n this oIs�: c ea =. -� i � . z5tt Condit ons oUid lead a' ture . connctusions't.hat :1nii ht be r6a, cbed Please :ct sid t 6 Ulow t bs `vations: f T*lle eoneta F t t ret . nal`row cl ions :with c �11 a laraee wid deep parcel as bla e on t ie a stern e��d. ° `l e `a c zoo f l�a.rids bcc��l e i n �� nt tb :the l i s . l - ` F of Occupancies -that r- lit be �o's�dci'ed . �'��e�e` of"�, the tans oi! the easy ��-e .��o�-e :s��tcd e'tain Vises �eq i:r ag Ia r- tracts z i pe � sits rc pe ia.n has ne sured.-from 0 it �libli : frontage.), LL I 0 r� 11 0- 1��s w► !, Tex• . :DOUBLE R f TAGS CHALLENGE Thyamct ad: d`on, contort 'off. Iis : onleria1 • 8 . e r backing tc N 57*� treat ate. challeliged-`by access,, o��e�tat�otl far ge s illy assel:a earilos, ;?4r1�is' e�ttar t fl�1"g: ° 0. i sit : oould ; e : f- � the ,cont' �d led. �r .r. : cee s,.. Et'ron West, o c a ;. .�le'vard Qa 'T' .��thoi-m hfaxo . in ' 1 0 re try-� c 10teIrru "66 s d1oh. tbAt �b -tI or'- forcing . !" ..����. treet. Th alit � �� f' u �� �• aftln see CS 00 iovc� n tingress ,and egress eac �. ndi J.dual .. it . s . o .1i� it . Act :01.1 a�fy fiaeov. '�'ta aut�Qri �S oti apei a to tiro a`,r°i o rc. " 1 :.. is also 7 •e s eI .��.�rsued w e� ����s��.��at��� :. occurs: ,ss• � : ror �� �� r l: � 11=5' uL71 1 '1r?q _76 'atjt try Ws b1�1. t as. �aar�f ers� .hi ' _.. d`.° �C Zr'. •� r ee,�`s is .0 1�?�3�''onnsed, -mic-Nfi lair, e� llc7r t +�i; r' ar1r1� , 1� es, �7. i f d 1poor � a� � �s c�r��b'I� I. `t�j�r i i prC t tt r s: g� rr :dfrr�k 7 ar even. 1�=�ll ���4r,�r�.�� ��4�z� ��crlr���s asf���� i't�trl a:M c visrrr inrta,�t�#''rl r>>�r�4xe. v��i`ril:.i,or�j-. e e �� i� ;arid jorjt ' fads o eon ncr a e.etpc s Rdd�' s fiht •a o tro off` t its. C �it� e Wiest � r l a •d b� tiT'rtuc n t 4� P eo 11t, Al _,ci entati ct'�rci ec .l�oz� Co111.111erc a Uses. �������+�•cn.�_l , Most:'arlnrc ' rises- ��i�a��d'� the s �i di �l a uti l face i1 �oi�t nt . �cle n �o . cse a �.ox . s 1 s S :. : . liave jlo bock. o, k rc f : Ali �r �titl� mposed �n o�ppo �,s`dcs -and.* tlYIs c1.11 pr r d f t : `o = at:i g a i access, an.0 `c i a e.z ell r� � •y .9 LI Parking %sibi� tY is i �ri or ant. to: allow o tie suggestion 0f oast' access pal-t C"u lafly O-r those b�.�si�iess depend' u�oll "cat• t4 - stor;e" con.ven�j eme grocer .and quick sei- ice shOPs) However: Tuo. muchforeground. paj ipg can d sadvantage �c cornmete al occ G ies b rcfn facades eyoi d des ably I hte' :signage �YJ d sta ices ' o • b over- aardea'jjTig 1 e de lopinent rc round to unattxaC ve express ion, �. Toy`, repx a df�tange. �fkbhi parking to struOurc. �r too III dro'ct .the. rc ations i etween car and ' destf an, .enter vill .:also uggest inctonvenionice and discourage customet �ppeAL . her destrl .n enSI, 1 axe eg a d, su as are advAno r it l Neer -Urban dp' ii standards' .pad+King is -asked: to b piked. n seondai y positions so Cotnn e 6al .,,access cap . also addi-ess walk -tip access wah4011t naoIyerncpt tlu.ot gl) par� ng areas, sse1 b t of *test on i od ra its off' way old o.ppasi n gfrora ag ' 'afoes the 4 l ec a to become ng fa..and : oarrow . La�gr ct�rnc`calscso avol t c r j`��/lortlor�s, A:sse��l�la e �h�� efo�e .:eau°ld 1�kef best a vantage lineal:. f .. ` .. f c i :app c�tl:erns such as ��llec ed store fr��r�ts o�� �n���.tl� �, end �.er�c�e��t 'out p I a +c t c� s�: tb& cufTent condition_ , pp- ) . djMi. e �f coinine���,��rl s tes,/6� Stc���. cxlor�� :����c�l� �a r7��������� �~e�r� l ���rati v'ns" ' t� itr 11z� .s �� ale 1 s 0 z ' :as t�� &VII--1,11077 D Ce depth.. Lae ge# co"11111le Id'' 60... rx �s�s'rll } d?s ,7ca�r�- t1�t�°Qrl�.s���a� "b jix till" t ' � i1 o•c r c � 'ill o?xparad to �'mater peol��j•imnv), �"T Off: !"l1L'M1✓' + T t e- cis er�t Vises ritl in the overall. redpvelc p -r cht aria - lrcacfy b ct .. tl x11' .ztedJti the �7cv I I �cs �.ell CrCar etail s di;ic j es 'iw'dC o adr i toe i at c s ard • etrm over].ca hg edesi . stagy ; t ild ti dads as z' me can'didatc5, o' l c ccn trays i:.:.rooniity "'x`titla, new o f c R x. x ct.lty f 1ti a the. �i1 imajjt o�ct��ai�c es:_ 0 0 i I o The western end is largely open and commercially dormant with little significant evidence of lasting commercial appeal. Its few successful commercial operations are the result of access and visibility premiums only. Selective destination uses (churches, retirement home, office) often driven by low cost land values can accept the conditions that exist. • Traffic continuity along NW 57'1' Street is critically impaired, o There is no signaled intersection that introduces movement directly onto and along this thoroughfare. o Primary access options are larger `fright -in right out" movements only. o Cross east west pedestrian and vehicular movement at the intersection of NW 57th Street and NW 88t1' Ave are critically compromised (both movements are equally important to a contiguous and vital business district). 0 r� u o NW 571h Street offers no useful purpose except for access to selective occupancies (post office, community center, etc.). Even then it is isolated and localized with no encouragement to "vehicular browse" the length of the street. o Pedestrian invitation and 'cornfort is largely absent along the entire length. a Current residential populations that abut the zone are encouraged to avoid vehicular movement within the zone, only through it; and pedestrian connectivity is minimal to none. Reflectio"'' Ta'rgO.Zooe Observatioos U.S. a -in Mme.-nts • 'he far a az�t eh t�acter the western end of N ,.5 �� Sheet the ��at eted. g. y redev .l pillen zone) contains �uf�cient, area to e' mula�� . a' cohesive villa o eentcx d evelope' en Anchored to the east � and we, tr with prominent pub�il fac fitie (religious centers,, ci o ,is, �b -ary civic Ce tern, d ait i g othe pl b. is me ifiies n e . park: fa ili iesz and owning onenie=e fro' Sol C a.�WA-tO' i•C�I Silts tv the c �h desirable me cr `0 villa e cep to pl ca of l -easy, exist. y sto f p' pt�ni:an the -'area scales to aE --Village cent ar letitl� width,be ►vie e+d . s� a ""Ira airi sti�e:e ' planhii . modeL u I* Ine th. of . . 57 Street ffom N 88�,� Ave to � .96 .�veis arox �i8°�e"y � .��.l�` .p Mile. Class " ppdestriah comfort, distances. for "�ral.�. ' thcr. th r�.de choices. ire one quarter mi�c�rt T. � ���to�sec� on ��' � � � �� a�� N ,�t�� Streecrepte'�e'hts.-,the, dell a point ii that a 1; yid suggest xtr mifies are nthe .comf-oA, ring fog pedestria� s ccess I i�ri l M: � to in;. cl str� a� i ie�� ua . u . ctur a•t�iriin t su'bjtb is tc �r�tersecr�on o W'C'St + 'rho .most unportaiit traffic J� � ,� � i ort nee and -cominercia vi.abji;�ty s C rr r erc a Boulevard. and N . 88 ., Ve:. This p nce � tl�o ormer gas station occupancy, on: the confirmed by tie drug....store p _ no�thbQund " en ,�. saes that . f•arnc l�at erne tion. ntr however Lnto the axle on bo Y merit •o ibite brings 11-o ;value to the targeted-,redevelopment''zone, movep occupa Ios aidotr b«fts to a hack ofluid. cno�rm n betwec oast.and hest extensions.of NW 57 t street. 77 c 1 Et _ !. t' 1-rrrl a��� :J1� i ��� 1i� 1. �s13, �7� �J�i�•i J V. r� u 0 v e Tiered the:east by e fo-ur goied rede t phleiit Zone entry: is prpbabst�,.defihed on tcrs 0 111 e'' tC NW' Importance re sults com. ei-8,: the- .ip. n of NI W' 5 7 Street, - and'' 8 8! Ave., - Thistmpor g `roth."-prox, mity tb e West Co' -af� and his. i �B ulevard',,and NW ­88 M nd,, e qijadrant,defines a,powerful ate 'ay, to the(.Ont, Qs�. and'. north. 'The turrefit" W to- the West,-:- 'id- -this -,qli' t -sign''.►ifl, valued - with. so�be':'Jiinited S,,, C 0 qua& t ar cant and v .de fie'lendes.. Theeasterly sites do not .,contribute v an. impresMve ,gateway ..expressim, --visi.on, Theyt erdb avi bee' sho t u*Id;bq.',seen sesse a. ntiattothe total developmei t h re,h an C nS'Idcre­&as- P4rt ofthe''zo, he ill'b,tfiis abalvsis fl'd ' tli ► r�la Street �� 01'!� Q b d intended: 0 lar e NW 8S .A�e a# NW .A proposed �`oo t�� , , everal: alternative was to CoMect east :and rest po�•tiar�s of NW S7 �tt+�et. Wl���e �t. s ons'der- the ve �c la it serve perlcstl��a b die�o:e�t .t fads to c nc tz ty that s ouk be seen m equa1�y p0-r ant. Cons�de rations o . superior zone access at this:1ocatl .. flu] ' � to � . ��c a es, an tra��sl�, :Plus S d cross W 88 Arc 1 ' ovements far. fQo ear; +, p Q. creation:of strong 4rsense of place anointin a oi1�t of � •oval would r �r+� very y4uable :in'elusions in a r evetopi eat strategy• p 0 r� u KJ 0 The rrmedian, hest COmmercial B.�oitle " '. -at Nam. 9.15 Ave i� ���tical t� � .�ar�c.. On l o I�er :r ed an "cut' tl�c vcre ter e 1 . (in ourren service to � corrirn��rc�a� deyela e on the 'south of West Comrnerc al 'Boulevard) l ely.st 'nds. �s be ori�,y :Odlear medign c 'i that wo Id:.' ei- Abe per��it�.�d..�ccess aligm-nen . to that �hiferseeti�rx QUI. 0 V.ery, mpoi-tan(.�desi n p' #ameler. A... le'ft turn storage Blanc to tine zone is ;abed ii� place. Potelltiall)� all 41119 a publi' right .of wi �y- .*iththat-'edian cut .would f'uither, ;. str6ngthe' n :a -oacl `and. resist fuzee DOT ef-fprt*S to O t-nitrate. the median crtai.t. CRITICA MED',IAN CUB` 7 �. Theatcnfial off' : 3' edia e ca w u:ld fortre acc ssibili to"he, ierecr. 0 0 0 OPE TIN CC . CIE$ o operating c i nes -oft dru s o.rel at'Est for mercial ��� vard and 88, Aye, i8.1* iy: to e wnd pttrc Me V'Al e' 8 too extreme to conside' Th' ; hAS . uaii red ; e ctiveiiess �� �a�s�e �.�' �� haled �ax-�cr- , ���ttionima but is a,c ss rostr c.t : is horthboun:d�. mo re f� , :8 `4) . e:; ex• r on, a y e could be i oatcoo�e i it .d.it' :t cr s: Cc C Va c u h .a e. ire inn d ' CCSS slid adjacency: ta'A mot�c vita . co����e�� cal .di -stria s, ar` i`n .g'reator c� c: Wendy' dy' a . s ta tld ton dig :: 'aCilty. is .a. SoOce. s u ,,e : e � t r . -un t. o slacct c it si t . rt�:to it cur�r cnt er=f'o-iri arZ :c oui Vie, ? e . its Po' Sib oil ing is mvalsi�ve try ���c ����s������io� ol" agjaccr't vkoncies:: d t oo s r i�rives- it on,, oys. �it•c furthe collf got :. �'i���c� asc co��tro �1�a� p��o�� .. di et It., . �� �c,�n�` ,,nt i anothe'll �Jt ���� � be- a. ��tc�t��� ��tiot�al .s�r�tc fir. '1� h chatacle't of"tise is t 01•e sUlfed for tl'e LL�r��s .61T the easterly end of'.'NW : V� ` Stre t vt` tfeicxaiovcrxtcr�ts: are .ti���t :rz ie€fie :sit il�: contors re id 19 o The office building in the northwest corner of NW 57111 Street and NW 88th Ave is a sizeable facility. It is value -compromised by limited ingress/egress directly off NW 88th Ave. Parking demand suggests the building is not at full occupancy. The extended geometry of the site forces parking further than usually desirable for unsheltered parking. The open parking ground level is a poor use of structure. The value of the parking area of the site is key to the site potential. Alternative parking facilities might salvage frontage on NW 57th Street for commercial use and also might allow a rentable ground level to the building. o The adjacent assisted living accommodations are represented as operating at sub- standard financial performance. Notwithstanding, occupancies witbin however could prove problematic based upon the individual service agreements with current residents. 4D 20 0 r� u +► T .mera�oue�vdesifi .erer���� t��et•i of Way: ,S Q.rthy. g street coon g r tion. The addlition 0 f ' sft et side parking, proper _pedestrian promenadie surfaces, theme.d '.st et furniture and median enhancements wautd a�� the stagy fox a. moderated ,sPec� tharougil.fare :to serve. the occupancies. along its lent and to advati�e greatet intexconnectivity between the, adjaceiit: uses in synorg.tstic gays. REABLDE STREET DESIGN A. LOCATION • The t,ter-ec,G n off' N 57�}' re d . 9I Abe a fine -u po for the nt �e .,zone. The. c6nter- of that intersection.. for the zone is a veld valuable geograo�x reference point. That intersection is wor by of features that �a -m traffic, ekpose options; celcl�Tate. entry., as expr.ss, eri focus. _ ♦YOqYwy+1M�.MM - _ ,rrt '!!'!`+r;; /�►im l � - _ . __ i,l� _ _ _ 2 0 -: 0 u • Th C ro rfiona"lity •of die land are"As together" w'th the_� platted la'subdivis'ion' underlying 0 pp 'the area offer ve ire t�arms, 0 ct yet only two approaches iy fi ited flexbifity In f use. Effe i y , n e � ,can he used to adyanc& development: a free -stp-idi-rig sine purpose ocmancy,oralinea.1 :, - strip center goveimed in size by parking Both - could also: occu,r, I other coMpotitive afuture". I v alues �tould h moting',-higher I 0C a tiobsin , reducg any.competifiv'e' &ahtag'e,.,... ro. tt w' f � ownergbi-,O or requife expler'ation of alternative laaddcveiopment. pattems haAlloor mcremen , that d*f 1 4 ter tha'a the prevail 1, ng, option, s inv.estment ts i,fer in size, shape -arid. charac noted., V, 0 LAND PROPORTIONS Weryationsetan oinmen. s, .Site"S.pe inc 0 .,s s ere. am Berta n ]e atlor tea �w uld generate highe' 'tz�l the ta-gered redeveloper pane • and[ us ess tier i�,� s eurrent y a -ta'cb "the land areas. -an � z scut CoinIerc a '57 Street that eta o� direct frontage, easy, .acc ss, ad i W s tt onto . s ���a�x�ercia� S�ul��ard. 0 0 0 • ith that ]:nth addit.xona commercial values ate att abut d t� .tl�os sits that ,enjoy c6mer posit' fl ls. �tb easy (full: maneuv�.r) Access. That can he attributed tp :s�t�s that, l bragkct. the in to rse�tion_of r Q�n. •c aI Bonlevard and NW91" Ave, an� thas� fat l fight brac et. --the: Pate' ntial intersett� ors that pold� alzgn witli the. existitig .mediAil. cut west of N 9 '. Ave on. Welst. Co mmercial' B.oulevard'.. Oak # w. i117i A ii �► n ti t D D FAA' A D A F "".. . 0 �► L s ofNW5" sreetod value. Stret f�7h eor reasons of .ii i.tcd view AM., access and. the resulting reduction in M- Arket Options for ffiei ~ Use; -.....� -�-•-.r..r�.,.-,•.�- -:+.rr-�r-: r-+ram-*+N 4 ,r.r-T•; MU�r�ip 26. r� 0 Some, .mo dcs't value -.enbarwernent mightfesillt from 'certain. U'ses f6r sites- that :abut the retention aiva 'north" of NW 57!h Stre I'that 9epatate residential.dC eopment frotale tai,geted redevelopment zone., R- e si, d en''t i a' I 'hospi.1al-ity wid ally'. f potenti some office occupaij�ie- s might find favor vfth that 'vie' w shed., VIEW POTENTIAL FORSELECTED SITES .17 Corners that bracket NW. ,.91 �` �e, no1� o� N �7" Street have modest i acts "as corner p1awce ents on traf"ric frontages to the residential c evelo er�t � �'at tial zone en r s '�E West �u e ar � 1 a 1 r t an c t ou d also r+. sulf .wz ff. unproved intema l land va hues.. 0- 0 CI i • Independently developed, frontage sites on Vest Commercial Boulevard that do not convey access and view considerations to those sites north of NW 5 71h Street will negatively impact the value of that sector. 0 Owner Terms and Conditions per Site within the Targeted Redevelopment Zone PROPERTY 1D LEGAL OWNER 9 LOT 10 FIRST EAST SAVINGS BANK LYONS COMMERCIAL SUB#2 BLOCK 10 Site Size: Asking Price: 1.53 Acres Not Applicable 2 LOTS 2-9 LYONS COMMERCIAL SUB#2 BLOCK 10 Site Size: 5,3627 Acres B COMMERCIAL INC. (Mr. Bemie Marlbona) Asking Price: $4,925,000 for all parcels ($918,ODWacre, $21.00/square foot) or $680,000 per each 29,200 sq. R. lot ($455,8 0lacre, $23.281square foot) Commgnt�: Price is negotiable. Mr. Maribona is a Broker/Developer with outstanding debt on the land. Per Mr. Maribona, his site plan has been approved by the City. He is purportedly strapped financially and would consider becoming a Joint Venture Partner, 3 LOTS 1 LYONS COMMERCIAL SUB#2 BLOCK 10 Site Size: 3.38 Acres comprised of 3 Parcels Parcel A:1.36 Acres Parcel B: 1.36 Acres Parcel C:.66 Acres Asking price: $3,500,000 ($1,035,000iacre, $23.77/square foot) T $ C REALTY GROUP INC. (Mrs. Jane Tu) Comments: Mrs, Jane Tu is intelligent, yet not a developer. We feel that she and her group have flexibility and could become Joint Venture Partners. They support a unified strategy for their property and surrounding parcels, They understand that their corner parcels are more valuable than the interior parcels. 4 LOTS 9.10 M&M SOUTH PROPERTIES LLC LYONS COMMERCIAL SUB#2 BLOCK 9 Site Size: 1.29 Acres Asking, Price: $1,300,000 ($1,007,0001acre, $23.13/square foot) 0 Comments: The Sellers are represented by Sy Krupak, Realtor. Per Mr. Krupak, the Owners are independent and will wait to receive their Asking Price. The Property would have a joint Ingress/Egress access with Wendy's. They would be allowed drive-throughs, like Wendy's next door. There appears to be a drainage system on the property. 5 LOTS 5.7 LYONS COMMERCIAL SU8#2 BLOCKS �ijp Size: Asking Price: Comments: 1.29 Acres Not Available WEN -NORTH HOLDING INC. WENDY'S RESTAURANT Wendy's appears to be successful. Negotiating a price for the property would be very difficult. 30 *I u t 6 LOTS 3-4 TAMARAC MAIN STREET LAND INC, LYON S C OMM ERCIAL SU 6#2 SLOCK 9 Site Size: 1,29 Acres Asking rice: $1,600,000 ($1,240,000/Acre, $28.74/square foot) Cornman#s; The Sellers are represented by Sy Krupak, Realtor. The Sellers paid a significant price for the property ($1,200,000 on 1/612006), therefore the Seller will be difficult to negotiate with. The Ingress/Ingress is shared with Wendy's and Walgreens. Property ID's 4-7 are designed as traditional outparcels. 7 LOT 1.2 ELIAS PROPERTIES TAMARAC LLC LYONS COMMERCIAL SUB#2 WALGREENS BLOCK 9 u Site Size- 2.05 Acres Asking Price: Not Available commgnts: Owners paid $2,276,500 for this location. It is not unusual for Walgreens to outpace the market concerning price, It would be very difficult to move Walgreens, 8 PARCEL A CINNAMIN TREE PLAZA INC, LYONS COMMERCIAL SUB#2 OFFICE BUILDING Site Size: 3.03 Acres (40,000 square foot Office Building with parking) Asking, Price. Per Steve Newman, representing the Owners (and possibly one of the Owners himself}, "Everything is for sale. Make an offer." Comments: Mr. Newman contends that the building is 80+% occupied at $201square foot (NN excluding electricity), Her also slated that the property Is debt free and is cashflowing nicely, 9 Site Size, Asking Price: Comments; Site Size: Asking Price II+: 11 LOTS 2.4 BLOCK 3 9057 LYONS LLC LYONS COMMERCIAL SUB#2 ADULT LIVING FACILITY 1,92 Acres (24,000 square foot building with 72 beds) $5,100,000 Mrs. Beth Besu, an Owner, seems to be an interested Seller. The price is negoiiabfe. 12 LOTS 4-5, BLOCK 4 LYONS INDUSTRIAL PARK ,57 Acres Not Available THE CITY OF TAMARAC THE CITY OF TAMARAC INTERNATIONAL BUDDHIST PROGRESS SOCIETY INC. 31 13 LOTS 1.3, BLOCK 4 TAMARAC JEWISH CENTER INC. LYONS INDUSTRIAL PARK Site Size: .57 Acres Asking Price: NotApplicable (paid $1,800,000 according to Properly Appraiser) 14 THE CITY OF TAMARAC 15 WOODLANDS VILLAS 73.74E SULTAN FAMILY LTD. TR 12 FRED SULTAN 8741 NW 57 ST. Site Size, 1, 52 Acres Asking Price. Not Available 32 0� 0 0 LAND NALUES i . E Q FT p la,t1 . ..c 'l e t� e d a edevel:'o met z � lies art .� � � and, tt. catitatn. man d0o1'y -design' .. st�izd.irds:,-relatcd to � �.ti�#i 1. lev s �� , v ��i a mixed'' e ��cupancies, a��d r��tric���ns an ;. d � vc- t vtttc s. y ca i�t er gal ca d� tes gas : Station, �as� hoed t�e�, ,.Store/oh,Y�Z c , r � } a5' ociated with the Jiighesf t�t-e tial land valt��s are eliznina�e� by these s:aciars, i�xi��n pent usesetzrl° a' only capabc off` 171d priint e les r valt�s.:.. aclievi Pa to irL s�-�r d�at:e .area bud` ide the i ama�-ae t sd ct�on r l l rids .iY� x� al" U to a�,°r I en h pro i b tech tis' es an activities are:. .:,allowed .31 dex� an fay ve -ricai: i .-� se rt let. �ii��i� r��est.r��ei�� :i�t�re��. �s fewer de�.eopil�e�t:, c.onr�i a�ie .. s art �c.omfortablc ���� co���������t �t� �h � rnc�i�e �Iitc� aren,a.. l� p. t c�izs of 1� ttr Y nt oo z e i'c i cct to ' lan t h4le t`icxn x.p eta d �! Yo'e, �e .: ch at r�1icct the 114�111tatio, oi� tria��l�e�aillty Assoc i0e the rest Pict ons i pI.a�� 3 Current distressed inventory in the area also has further compromised values with pending auctions could potentially cause sales comparables to further decline. Debt exposure with some of the sites within the redevelopment zone may cause a need to consider lower offers. They might also define a floor to.any acceptable proposition. Should any of the sites under consideration be placed at Jeopardy with Foreclosure proceedings, contracts for purchase or collaborative agreements could be "trumped" by that action. A map of the area has been assigned "fair market" opinion values on a per square foot basis on a location specific basis, Planning events and zone improvements_ eight improve these values, they should not factor into the pyre -consolidation effort. If buildings on selected sites are of significance, it would be unlikely the land value alone would result in a successful proposal. If the structure were not to be salvaged, the price would need to consider the total cost of building and land as effectively the price of the land alone. If not, the cost of the structure would become a premium to the land as a "cost of doing business". Thus, developed sites in the targeted redevelopment zone, containing increased purchase or coDtrol values will negatively impact future returns when the laud price does not warrant the combined costs of building and land demanded by the seller. 411 0 r� u 0 i� 0 i e Terms, SiteAn Opinio-tiaslo''Proba'blePc �*and 'per within the Targeted Redevelopment Zane co'nsida'ed', tbere are.,.Variousl -combj'hatims OfJncen-& es that ight d As eac Is ly t p m a wance, contract control i or.c boperative collaboration, ',,The. follOwin,-Ascribed to. gyAlue opimoas are thus each ownership 'Jan'd, area:. Only w idi fo ''a! offtrs a"hd the follow.ing negotiations can any n C4 to t- -ns and Cellaf ty"ba'-atta(l ev coalitions..: *�.':, Tlii$ -com.bmati,on­ of -8ft,e, S ll's� beca: as's, e'niblp'd- itito one oldih g­. It. adj- I �v1tl�'aniedi an cut off g hestCbmm'ercW Boulevarda'd b �a'sSeengi.Ve,n ait p.anappi ovat by rho , I of,lanmrac.l- to e �a-- (gtc layout �lttachcd).-,`-,,:-.'That al: y '.bavp, ex he'd.. The P --id icates . a W S rand/or 'AW, the f th illillwits to- sell, si.��g�sts di licul"es af C:eveh P4�r j1. marke an co , k, it n ate,� co 6 iallen i d,the, d ions of desig� aft aed by S-i gnjfic�m.ej g�s Ifn 0- Illea S" 'is d -and h ,unt:imV'Crffl C -at thisl' A n bTh,cre ebton fha I i an, amp i 'de� There ap Y ' � � b-6 lll'� pea s .0 i .4cu ip d' can aancelheirpla'med i n tclldolls-df:lllt� fime°- vbich the, rrent'oWnet's li'" V corttrzntto' Purchase',may..'be. ll'Alimd in alllo.on:t b they debt/eq'idtVasitidtf - th-Cb­w, nct"s'. P11 ens' ffit be ' -!an'.: easier� 'D t . '11101oe �.Co ive., almine miliative however. tm Oopelva, 1011-vi hin ..a p! 19 35 :tai prase rsnoujd��eflect Fh.e prior seeti4n of this t•p€rt.. coaerat roa c I d sn ider iIi"finer val es s a -r :capital e n- '"ibut' � to a zoopera�ive caMpaign n r+ ing . iitt le sites T C' are is ever .;ail e uired at ov�rex rises I�ar� the,:i`i ed faux n �rket. apinio�s u forward. re � � might be 'u "d accei��able: jaSe fife at ti s n° � s ter be. o The ownC�'�.: do' ��ot ��� t�en��e��e� �� � de���o�e� end �r� ope�� �� �' pos�ib���t e5. Pie' se :s tes ire tl o t v le a� t a� ds the ar�� �a�re��i�d �y �I���r�i�� �'esictia��s. ' e OWDot��s t�epresent itive is c iti4tts but r s ari' c ���e t c ►a l �i ;ec y t11 G cu : 6f ad�ancin . thcir nisi ii for the sites Alone.. C;ombiritd ' :it' t (s) -A' nd, eurreiAt City' at ds to the north, a, asie redevelDR111c��t zone OfcritiCai, size��co��ld be Tashi oned: i0th.-are seen as essetlt*�I ac , 11�on or� �+�r���r�� sitos for any ��ope �n e,�ta��.en. y , te. This .sate ides outside t e land use restTict�ons, .. � �I'Ged u an °bite s � a��d 3: It thus could, .be p ttonsiderr , �Y Chase u$ers otherwise pi-ahibited. . e ic131 is �ell� wave �'���- rr��rk�� ���d y ton crass ac css nnp e sire cur cuts a �� e spurs on o ° . �i � x �to� ��e to ��� � � s till s de . , greater vi1ul w-ould���b ca��pi d ��tl it 3 ali+� ?rt f r h Cc b i �at i to �.� e s rn snags a� . i0tem e. �ciene , i to yettadi11dtornt ib o o -t;_:AiC v,91i 20 as tl e ria be p na 1'tic s'assoex6fed With l c s,itQ unkulo�&ni 'at �til.i�-tilnoo . 0 T1115�:appeus. t0 be a di licult Scllel�, eprese ted by a� i1 Competellt br6k, 1I Wi 11 10 motive other t. n p a �e -t r srt e:. ct�t� er tiv al` alp r idr tt iiez� ofs�.la r -Yht p�rn�� ir����ssibld, S The � 's gyres ac r�ai t s. a iabie wo.tking �t� i . °:�isAtpt o o t i ac',,t t lcould be d i ii . i Cely op110:a f r,: nt �vl _nct tincl�usimi woo d s e t rep ace the e�����e�1t Q����a�io� �n� ,an alf r a d st ea l lac iaz� : si � a � cl a � e s th t Ca s- of control 1e �t r � nt: 'aci i y xS, .. Branded refita i •ar is o�tel'I j 1.e� a `° �= it r :their presetltat ` , n n tftile ��ces �,Of .t - 2 . fl e�nmrot .tstoa ks, it ter rie for p� prQtoC pe vQui r C be t tc � zost cyst e 'ect� rc o 'e r; It o- t . ° 'e ua � seara� ess, movo. Drje!�tcrznotbe" �oCH IOil M111imize d'OWnAAA t 5 3�:iS I1 .111Ga�1�1 tI altl on "te 's The. �bi�i�� 'S b �d as�����i� ��is s�ts`�it% to aril C'ctiestlidton.of 'i .i•acs teil to 36. 0 so e ` ' on liti mSite{s) .� .m-e. sir i�lax tQ tat o : the..' price, e�pectancics art greater.- prvice81011� is the', b' ply ukdypar6tmeter foi discu8sio . sits 1 staQd�a�;��s��o�this Bi' � s firAy.establishe and. ddve-lQpcd. �te uthe ii l�e�t z yid lees 'arid thus otfld. ` e'.' ear �� ��si��e t� �ustl��r ec��so[ida� off. ' Fot��!�r�.Atel ���� ��te �s 110t as fv� 4.trhmtasue oaertin. a eleccss Mid . ate o slde do ass.. oIIA r of o _a oss ,-.hgi-gv�mpnts fog• NW 5 Street from'. Na '$tiAve :would: Vli:fo. pti. ''l'i►.' f .; uild g: s --a iotihy but .ra�� �r���tir���z�d:. asset: �'�e.:g�*�at��t �alUe .s tl�� : atc �� ' ~dkp� 't n 1Qnd edthe svir�bi-,i-lot an, ae ��r�ct t .g �ellxs_to iryand alo,forhw)rfadq,.alefNW-57. cer� eto d1 1tira�sc�.thb6in�o:oc�cl s1 R There i at de ;: i s pe e an.. i� cii, nt has ��� ���q��at� ��s�� c pperati e t�cer s . ,r i l �• sz� t an advaiicnIg greater .returns : ta,t ie o�wi, Ors n d c � al c rat ark tic reasonab e added hivest c s= zv sttri+ x t:gin o r tt site dne ea t oul e . tr arkti .aYdThe mToyeme tsf,'')�l�i$oily4�d dlhe.tti va��i�g: ctl. n let ° re co i o t at + s t t ; :lw e� t f lUs t'nerg i to :1:0 . e woa P�- x. el . l t c of .6ctive at proposed. land W!Ip s ����e: �t����it a�t� ���s �eet�o��:. i tei•.i `, . is cliff °cult . s ss I� 1' e of �L���c��i�g. t�����Qatl. Ncgc ia�i�►��s,1-would be 0 16 -Only to + d ie 't + f u stx z� -ef:°c n olidatit3 t hosts. . . o price was mead zt t ae CMMCtS _ -at. IATTe ��de: Site' s 10 : afid II its-Owti%ed. si rs se s �np+ tuilt to the, cr" ea ���I o r a fGAO cc����ta an�.i�al:: t� Cie. `,���',ge��d r e10 t a e tc : �� t a .if l. $t �i t � e t t has som ci r venue. lea t� e. � � c f f. s � t1� e ;. t attic ted la l e : 1 ,. -% :e uc� �dii s. f_:e ` ��ttec� tent l r as tl i� to • ti i x � a. � e C.lop�t I � c: t' tc' • , 11 t' I e e t veltld lskc y Vie: : es;x .eena�.. �� �ttiations: ���iId he �� o�� �r rt���:�s .,o� ad _1 �.e �l�e. �ue�ti6� off` ::,trmis' o id a cost .� 37 A Discussion of Site Enhancement Options that Might Improve, Values within the Targeted Redevelopment Zone The price of land consolidation will be the product of successful negotiations with individual - land owners. Together with the lands previously assembled by Taruarac, they could form the land capital basis for the development effort. Thereafter the return of that investment with elevated values will be governed by the impact of several factors. They include: Inflation -- increased prices can result from the devaluation of the currency by virtue of capital forces on the national economy. The current US financial crisis has been addressed with significant Federal investment and increased currency in circulation, all funded through increased national debt. The repayment of this debt will soon become a major burden on the national economy. A likely outcome will be inflationary forces, resulting in increased interest rates and increased product pricing (including real estate). _ ,Appreciation — Supply/demand relationships as they change can enhance or devalue products. Real estate is particularly vulnerable to appreciation over time when well located and executed. As comniunity populations grove, the prime address areas usually do not grow proportionately. The resulting prime locations becorne a smaller percentage of the total population creating a higher demand by virtue of the limited supply. Resultantly, prices increase. 0 Improved features — Qualities of access, visibility, views, public services and area identity, if improved, will also improve the values of the land they serve, Advancing public rights of way, public infrastnicture (when substandard), community design standards, and effective area maintenance programs are sample areas where community controls and investments can produce higher property values (and their resulting tax revenues). • Enhanced capability — The entitlements on land control the intensity of use. When location demographics warrant, enhanced land intensity will increase land value. As master planned developments consider cohesive and collaborative land development patterns, they often result in increased site intensities and greater land values. • Synergistic influences -- The relationship between various property occupancies and others can add value to both. (The s777all s17oPs ir7 a inall have h ghei- sales a77d thus ppr' higher re771 because they adjoin retail magnets in the , form of mgjor department stores. In turn, the depart7nent stores benefrl ,iron? sinalle" shops as then together proinpt longer; comparative shopping excin-slobs in the some location?.) The planned combination of occupancies, cooperatively supportive are collectively They form synergistic relationships that Occupy. well balanced, nominally non-competitive, and more valued than either one independently. bring greater value to the real property they W r� C, I* i The first two of the listed criteria are goverined by forces outside most land owner's control. The last three are potential categories to examine for ways to enhance value or improve appeal. what follows is a series of selective suggestions that could improve values to the controlled holdings that result from the consolidation effort, • Positioningand Theme — A unique selling roposition (USP) is the branded retailer q p positioning, platform. It defines the qualities of their product that differ from all other competition. Some sites have distinctions that might make them selectively special. - They are often referred to as "barrier to entry" sites as their supply is so limited they warrant disproportionately high values. (Lake front, golf course oriented, natural growth are examples that often apply.) Land development can enhance the given distinctions with contributed distinctions that complement and further the total uniqueness of the site. The more appealing the - combined distinctions, the higher the value, Distinctions must not be duplicated by other sites lest, the "uniqueness" of the CUSP is diluted. Smartly themed approaches, coupled with design standards that unify all occupancies in a mixed use development into a singular identity, can promote and assure preferred values. The eastern end of NW 57th Street on the west Commercial Boulevard edge is best suited for the individual site development pattern where. building use and required parking are totally independent � i ndendent of adjacent uses. The northern side at the eastern end of NW 57th Street is best suited for the conventional shopping center or big box site models. Many other area sites are also available for the same development patterns. Potentially the land development pattern for the western end of NW 5 7"h Street should seek alternative offerings that allow for greater flexibility, smaller site increments, or more desirably positioned adjacencies, combined with either ownership and rental packages as part of the redevelopment zonepositioning. Public Infrastructure — Public infrastructure comes in both visible and invisible forms. Buried utilities. (iin lieu of overhead) that include "state of the art " services from basic supplies of potable and grey water, sanitaiy and storm sewer systems, power, phone, �p CATV, optic fiber, and security services are samples of dependencies that advance appeal, The more capable the infrastructural systems the better, particularly on information and communication systems that often are essential tools of many businesses. Speed of these technology deliver networks, and accessible vacant conduit space that allows for expansion or upgrade without re -trenching in the future, can combine to be excellent long term investments as the future is surely going to demand more comixiunication/information connectivity by every occupant. Surface and elevated infrastructure take the foi711 of streets, sidewalks, street lighting, street furniture si na e, landscape, iiTigatiotn, public parking areas, and sometimes sound g g p systeinns that animate a district. The quality and detail of these executions advances the duality standard to follow by demanding equivalent Excellence from private properties served. A rule of thumb suggests public investments in such infrastructures will advance 39 I private property values up to four tunes greater than their incremental costs. Increased 1 property tax results and often repatriate initial investments in ten years or less. J i Access -- As previously referenced, traffic movement onto and off any premise is a major consideration of convenience and a basic value in real estate. That rule advances importance to addressing access to the entire targeted redevelopment zone. CuiTent access limits, both from inaj or public streets and internal connective as well, if improved will advance values on the entire zone. The critical areas of importance relate to: o the intersection of NW 57'h Street and NW 88th Ave, o connective routes from West Commercial to NW 57th Street that align with median cuts in West Commercial, and o connective rouges from West Commercial to NW 57th Street that use "right- lnJi-ight-out" only approaches, From each of these gateways, easy access to NW 57'h Street and key parking concentrations should result with clarity, directness, and limited delay. The opportunities for improvements include the following: o The intersection of NW 881h Ave and NW 57"' Street is too close to the intersection of NW 88th Ave and West Commercial Boulevard to allow for a signalization. The major importance of NW 88"' Ave and the traffic queue it generates southbound onto West Cornix�ercial Boulevard could overlap the intersection of NW 88"' Ave and NW 57`h Street. Resultantly, the vehicular movement from east to west on NW 57`1' Street is restricted to "right-1n/right-out" only. Pedestrian movement is equally challenged with a proposed foot bridge offered as a possible solution. A. possible rernedy might consider an oval Roundabout to manage both vehicular and enhance pedestrian ground level comfort, The potential benefits would retain the "right-in/right-out" only niovernent but pennit continuity with the rotary provision of the roundabout. Traffic calming on NW 88"' Ave would aid in the fluid interface of the vehicular movements., and together with expanded medians at the roundabout, pedestrian crossings could occur with much greater safety one direction of traffic flow at a time. Featured pavements, combined with a strong centerpiece in the Laub of the roundabout could form an icon for the zone and advance a visual open space as a public place of importance. o A smaller and similar condition exists at the intersection of NW 57t" Street and 91" Ave. could also occur. An intersection reshaping could soften movements into either direction of NW 57"' Street from NW 91" Ave and also create a "village square" in fact as a centerpiece of the western redevelopment zone. o All other north/south entries off West Commercial Boulevard should be spaced to foster an optimum number of corner parcels on West Commercial Boulevard and to access parking without east west movement. This could allow Nov 57"' street M 0 0 r� u to be closed for special events advancing the thoroughfare as an event district for public occasions such as art festivals, community concerts, and holiday celebrations. • Site Efficiency -- Independent commercial sites are often assigned to four separate uses; building, parking, storm water retention, and open/green/setback areas. Can average, surface parking (50-60%) always demands the majority of the site with building footprint (20-25%), open space (10- l 5%), and retention (10- 15%) in descending order consuming the balance. The ability to provide certain portions of this land formula in cooperative rather than independent approaches can often dramatically increase the net area of building coverage available for use. Parking sharing (both surface and structured), retention sharing, and common open space (in lieu of individual setbacks) consolidated into parks or public spaces can all combine to push land yield. o Parking determines density/intensity. The more site efficient the parking the more building space the site can handle. (ASSZ(7?7i7?g a coM177er-cial land valise of $251sq. ft. - ,$1.0n7lacre, the land area together m th pa>)er77ent, landscape and lighting, suiJace parking car? easilost $9) 250 per parking space. [350sq. ft. of land per space for pai)er77ent 30lh driVe lane, islands, and landscape buffer x $25/sq. ft. = $8, 750 plus allo'o)anc•e of pai)err7ent/lar7dscape/light7'77g at 1750 per space] ,Basic structured parking at 1hree le>>els including land can provide spaces at a cornbir7ed abozrt ,$12, d 00 per space, While the parking cost increases, the shared Parking approach can often reduce the parking C011771 required; and the increased parking generates n7orRe building area and i)ahte. for the reMainir7g land assigned to building occitpancy.) Street parking on NW 57"' Street can also push parking availability and provide quick access parking for shops that front the boulevard. Usually street parking is public parking. Occasionally it is metered. 1f all parking to be provided on site were to be public parking (palent iallll. filnded using public finding and undein4tritten bi) 777017t1711' fees charged indit,idual building occupancies based 2fp017 par'lcir7g demand . fi'alr7 them occupanci), the actual parking cost per tenancy could be no greater, and possibly less expensive, that individually providing the same. Surface parking lots sized suitably for future parking structures can serve initial intensities, while allowing garages to be added at a later time for building expansions to occur. 41 o Storm water management demands up to 15% of the surface area of a site if it is not managed with ex -filtration systems below pavement or open space, 0 The site abuts a large storm water system, An evaluation should see if it was sized to serve any of the targeted redevelopment zone. If so, utilizing that feature for new development would be essential. If storm water management otherwise is to be contained on site, superior efficiencies and . resulting land reductions can result from combining multiple retention areas into a few larger applications. Under certain circumstances, retention can occur under parking decks beneath up - ramp lanes 'to get double benefit from the land area for both.. a Setbacks and building separations - Traditional villages often placed individual buildings adjacent to their neighbor forming a continuous streetscape from comer to comer. Occasionally a pedestrian muse connected street face to parking when that parking was behind, the street face. The net street face intensity was increased and building site coverage was optimized. Borrowing from that historic pattern, and sharing common private or public pal -king zones, net building site can approach 100% coverage of the area assigned to private use, + Improved Visibility — For certain occupancies the building that houses their operation is their sign. For others the sign alone is their signature, The ability to have your presence seen is essential to almost every commercial occupancy. (On flat tern -air?, Mai is ftequenllj) exhibited ivith our parcels h7 fir0111 Of Strip centers is Where feC tune buildings conm7a1'?d prime h ighivq3l fi-on lage, and larger anchors together 14-11117 their" Strip adjacencies rely- upon viei4,> ivindows between the out -parcel occupants -x) th signs easil)% recogn zed_for m the wain thoroughjare j Buildings of various heights can also be used to allow for the signage on two story buildings to be seers and recognized even when behind one story structures in their foreground. The vertical visibility of any development plan can advance a greater sense of density, improved tenant signage possibilities, and even promote some potential mystique that will inspire inspection. (Signoge should also consider- internal orientations as ivell as external those to 777crjor' arteries. Building signage 077 building `jOr•eheads" .for- structures facing West Commercial cial Boulevard, 1770re Modest signage, facr779 internal streets, and blade or under_ canopy pedestrion signs all contribwe to a signage campoign supporting lcrr)ers of lJsrbilih, and a desire to generate internal movement by- bolh cars and people,) Internal Activation — Once the invitation to enter the targeted redevelopment zone is successful, the objective should seek to advance awareness of other occupancies other than the event that inspired inspection. Lines of site, attractive promenades, eye-catching signage, and retail presentations all contribute to activating the internal streets and sidewalk system. Tree shade, canopies, sidewalk seating, intricate storefronts, grottos 42 CI :are all aild -muse,.,and nianaged, e�' building. Ped, trian movement, pattems', from ..in -,cnerg.izi,ng,.-the'it streelsca pe- hin. wi ti is l� rst:.:To the, " -cmflict with the outdoor t:could dparking .,a t,�a ou q that re. no d sealed eas'-aP 'C' led to, colitrall ana' d, tq rontr Ve j con successfull eribance'the zone lfm ge P �Y Y poft,31% 0. ION, -ortabl T c ge to a' suCtess .1 es to 1papa Prob4bly the- most"diff] U1 1'� s8u •Flexirb` tlme),-is tht.. pp -a -im dl- It"P I to.- A in Xc! .,use, caiWus. itil �:4iu I Z111V're Wilts Mtended evel W­ ma lan Tim e­ i s Almli to, �creat i i as s, An. '­togetier-ate ongoing., ine, in"tia.1 �cfiticat:,rn dt Y r 0 as -Peaks "and ebbs: 6dYer-54!*%' t6i f nd bcai' 0 im 'Oi ffe'ent Y' 111� bb',, o ema A AM6ulg sectorsoffli q real estate,Allat.kd`.eIdo'*misretAi it i .d sualotle A ke .n ptaJysectssperf �n&onearnUy --anotlier, s failing., ,1 , .ve i' Sover 111anYTrMey41agcenters ei-eDeVerde1opd-n tafifly d,U w ng to .. n- Pe ears;: - v i., �growm aM :.:chad e8 �t lid UOUS, aid 66' gol-tigi occasionallo"Id'bued og ch ew. r SCSI AIW- ay�7 -PI y' ,,:'ildi'ngs,�tfi'ti(l' :,-pew , q' With -tno!"t"nA'st�0 plan t,m1y",0emAnd and 'cJaanging-� testes - gpiding.'the-�'Progrtc_ • toijaa SS S k m d. us_e set J, ,an maugurai ease.nee -M T� for g Wt W ta. ill' a1 I ow in -o A Gro th:' Y nj1e,. still g, % 6ha:P91119 "Co t ts:.aid : eases. It W, ould also. -to be responsive P S Uftmn A, .development of' th" of the targeted're Q W., to p it of `�a.se -,The ,st Ma4 ilt -�Iid, f nesswbem a .fitresentedt'appf"*js py'. -,to, tedge$. VMV �Out,%ArO is,'�the Iikaly �,,16`canw! t6 bc�,ain� wl - f th �Wre txpansioti cceptall 'b ce, a 4P P P W th, rom.:crittajcac!.,nCass-- ttah, e'i' n" y"ofm silcic�,ee4scs,I oldie , se,p" ar ni JU W 61�t Jeast.onrst I, idre success.. call P tbib AM— d- vWu` illes0h.� - 9rQWt-x% kr men Improve, - e� *yA n o 9110 1WTbP)aslilg l�.r1thus need t6-pro ct tiltto" WI ­cotr di Ihosori-zf an. atlndo.,wte-mntia'lltv"eveicAflvl"l:oinv.r aproff c' ted pomi 0.'C d nof 1py alSl eWVdsh1P tls oMoMr , 'hisolgI lug'nev do-G �W Al tilw­ os. b to a avai Post rin —Ialtod Wo 'd -'a new pro tw .,,years Pr i,&c q,ta g pa C i't -W6 urt, On. beg,,, �V� _�te, i J�, Perm 'JU approve, an It. ri'�ehtft r 1:entitled/ pelm il!''100 ady/ai exPqCpt-j--n xe 11 t 11 e. selisitive'Actlo! ADVa dyer: S . .gtclCl},. aj:t4 "all d '0 itty 0.$M�41M,,�Oppioitu W r)cy.: 'or F creial us-ts n -je M#rket' Je4'tj e 11CSS. of flj:�o t t 1-j y -.devd -le site., "th -d ce I ��� in tl-&d op de"fi . e, i% ai.Jtd, t1v e rp 00 lve� ad PP QVI * ""' T f . op, 11N, iin a] �v t, flie C'0 to a eS -z­ ff, tb t, �t ­W! t4ki�. md:� '.'th vy �lot] mg tmcir 'a an ler -th �e 43. An'Ov"erv'',I*ew -of Consolidated Control Uptions � � .. ,.,,rim•;-:�r�«.rn,.. ;. . 'r. 0 I* -77 a"t n stree'''"t WesProp 1f' �t • s i �� n. R� t ~ •f .!� i i F � yY ��� - yy �� , :'r � . •try:' , � :r � �.�. � �' .� `.� , r >f � �� : za.j_, : �• r 'wyw`Y' Iw/N',j'.+ls't . 1 ..'Y° �r�• .z. .� � t_. N., t•• .�' .��M' 1:. � � jl aryY•i'7�`'ry�;:. _•,v' ; N:��r ;�:�� , � i .kit• f ? ir'.,.:.r a :,°_..'^ -t ngr 10 owwO IrloJ rt. gaaYcaif4 0"l t rr d: w•, U'm trt<rs'fj' awtss-44lye' Am- wiz<' irw ��er�lf .�a•�afr= ►�. !n a'it{it!v.c�, ;�t «,?�,� 4 �t ;fS� c f a. a.,w a;fi+� �+.° - OPTION 3 Mal n''. Strebt -''West -Properties t tz tj f/ �;:.' �1�A�itiC i . G+�s►1t.!x irryft.. TWI, .hTli•-�afr� c{!virt%Isr'StR 1t11�1tJli�'tRY�t/1#�571?w2r c'sclif i� �t^�.lt {tt✓Crl,ti�'s<! J':15�.'1ii Ij ?�'ri`arw't• OPTION 4 46 1 4% ,w a i .ktoo .E .t 4 Wit. y � �, - � tJw-1 i�f�'+' ' •t it i^ � � ,.l 1. r � o.aewa a?T+�+Id� �"�'rwA�•tyl -�� ''I 4i1.fi#.ts+,^�:,x�,•�' sue! � "� L�FM�+��f=L`�� a�="l�7ryc i•f�.�MSLhlav^.7K+i`. •rrk.G'wu !i.Tii E�".ic;x„i ♦ yrrr '*"-w t iurl � A f c ENRON s TAMARAC �M i�I1 {ly or L I ' TAMARAC fR���~Nty 0 I* s • An Estimate of Intensity Potentials Based Upon a Favored Consolidation Option Intensity is the result of Sand efficiencies. In addition to control agreements, site organization, - infrastructure applications, and building shapes will combine to affect the range of intensity that l can be achieved. As referenced, major site considerations of parking, setbacks/buffers, and storin water retention/detention are key instruments in achieving higher than normal site intensity. while multiple level buildings would appear an easy way of advancing intensity, that is less effective than multiple level parking environments, Storm water management systems that combine to achieve treatment in collsolidated executions follow shortly behind the optimization goal. If storm water management and parking can be concurrently Doused on the same site using buried ex -filtration or storage systems, the site efficiency can be furthered. Setbacks serve to allow for incremental construction, and building separation for life safety concerns. Buildings can be placed side by'side with the addition of fire separations that equate to the building separations as protective events. Urban environments give witness to this efficiency formula with parking garages and community based storm water management techniques that maximize available sites for building use, combined with limited setbacks that compress building placements for higher horizontally 4D efficient patterns. Vertical construction adds cost to structures as the need for vertical access (stairs, hallways, elevators, shafts, etc.) reduce the net building area resulting from any gross building area campaign. Combining vertical construction with mixed -use further impacts cost and asks, because vertical mixed -use requires: • C011cuiTent demands in each use occur-ing simLiltaneously. • owners interested and willing to host mixed -use ownership and management requirements. • Funding sources and formulations currently more hesitant about mixed use construction given the enhanced risks fromincreased defaults in such structures, • The need for condorninium or POA associations to manage the common asset and to divide the associated shared costs on a reasonable basis, • The operating conflicts that arise with the union of certain. -uses with contrary needs and demands, • The dependency upon tenancies willing to accept tipper level locations and understanding their- area success could be critically tied to ground level performance and tenant ,profile. 48 Traditionally second level occupancies in village center uses would primarily include. I * Housing rental and ownership often aimed at non -family occupancies (independent singles, childless couples, same sex unions, and active retirees.) • Transient housing — short term residential rental users such as executive rentals, seasonal housing, and boarding house accommodations Hospitality — hotel and extended stay suites with business focus • Office -- particularly focused on neighborhood focused businesses and services (insurance, brokerage, family medical services, spa services, real estate, design consultancies, executive office space, etc.) In larger retail conditions some upper level retail functions can be justified (bookstores, restaurants with mezzanines, home furniture sales, etc.). Some cooperative commercial occupancies (such as antique marts, building products showcases, fitness centers, etc.) could also occupy more than one building level but often they are not financially effective under conventional retail rent formulations The ability to advance multi -level mixed use occupancies initially require greater market justification for upper level tenancies given the increased costs and decreased net building area consequences of this approach. Building single level buildings ' with upward growth capacity adds cost premiums to ground level structures. Building false shells that project a tw-0 stony facade can sometimes work but still add to basic development costs. Smaller building increments face greater penalties with multi -level applications than larger buildings because proportionate costs for vertical circulation are more prohibitive to good financial planning. The current land use regulations dernand multi -level mixed -use occupancies. As a long range objective that could be desirable. As a short term limitation that could be a stalling tactic. Vertical variability advances a more intricate look and potential building layers as seen from West Con-iinercial Boulevard. The third dimension can work favorably when it complements visibility and work unfavorably when it obscures awareness of activity and occupancies in its shadow. 49 • i General Conclusions • It would appear consolidation and control is possible for all unit proved lands. • W endy's stands as a significant out parcel that could prove difficult to collaborate with a new vision plan. The vacant sites between Wendy"s and the drug store offer some benefit but require a cooperative circulation agreement with both neighbors to allow for higher net efficiencies to result other than that which can currently occur (outside the restrictive re -development zone.) • Cooperation alone would be the only concession required from the drug store. • Price or suitable replacement facility would appear to be the only barrier to consolidating the assisted living campus into the plan. + Cooperative parking arrangements could salvage higher use of the office building site and expand the presentation of the village continuously to NW 91 St Ave. and beyond. Cooperative agreements and shared infrastructure would be necessary conditions of such an approach. Future development patters will thus govern optimum ranges of intensity. Based upon: • A three level parking structural approach for all areas to be included, • A range of one to five story structures (moving south to north), and • Consolidated control from vest to east excluding the drug store and the office building (structure alone), 50 The total redevelopment zone (redefined and affirmed by the proposed village center limits) could achieve a maximum as outlined herein. Approximate Maximum Probable Building and Parking Summary Based Upon Assumptions w Noted: Location parking commercial floor area supper door area total floor area max max max max - East of 1,200 1595600 36)000 office 268,000 NW 88"' St 54,000 residential (50 units) rr�....■I - rA-- Parcels 10 & 300 193200 0 195200 Easterly 3 Parcel 9 Parcel 4 30.0 353200 50,800 69,600 residential 1045800 (65 units) . 17,400 office 681,200 Parcel 6 150 10,000 restaurant 0 or feature retail Parcel 8 250 263,400 79,800 residential 106,200 (75 units) Aggregate Total 27700 2925000 256,800 51 0 0 0 Summary and Recommendations The financial justification for consolidation must be weighed on the larger community objectives and benefits with greater consideration than investment return alone on raw land costs. While some land discounts may be agreed to, the invested costs in lands currently owned by the community will likely advance a very high land basis to the entirety of the redevelopment zone. It is unlikely value added entitlements and master development alone will overcome the initial investment and costs associated with its implementation from a real -property perspective alone. Vez�tically integrated benefits to the co��nmunity th�arough public efficiencies, tax enhancements, long-term returns on infrastructural features, and prernium community identity benefits failing to lands outside the redevelopment zone are added areas of financial analysis that may be needed to measure the potential for a positive return. The capacity to establish contract control is critical to defining the geographic area of activity, and the associated costs to be incurred. Upon that determination, a detail financial exercise exploring funding sources, contributions to infrastructure required, time line for action, development valuations that plight result, and vertical financial benefits that might be achieved by the community alone can all be undertaken. This report recommends the next phase of analysis be considered and the forces mobilized to affect that outcome. • Respectfully submitted Group One Development Consultants 2555 Temple Trail Winter 'ark, Florida 32789 52 VILLAGE CENTER SITE CONSOLIDATION PLAN ADDENDUM I OBSERVATIONS, ANALYSIS & RECOMMENDATIONS February 26, 2010 GROUP ONE DEVELOPMENT CONSULTANTS 2555 Temple Tram Winter Park, FL 32789 1.800,393,0595 1 u 011 G.e'n.eraUCha*.r'* O a t, T z s c i. tin n Shall e c:tarisidered a . dd.end�:��i� to and port of an earlier .dociirnen pro, by xou' Om Develop ent Co.r�s��ta�zts ��d tit�� . `�Vi��a�e celite, Site COnsofldat an Plan — see- a o� A: al ysl a eCom e. dat ons c ted an � thin. the id'' h6fiec� overall rede�roloprnent are �'r-oup one vas o�rigi�ali�r c1i�rged to val ate. a- s"I"'ct series of sites on ihe'Western end of that zone: Upon tine dom'pletion of 'that effort; .cur addit��c hat sites wore id' ntifred. fb � i l° s.; They are, rt e • identified b too t d eri:al photogz hp 0 Iden't" a rest i s*le o .ao er n e"transaction d ide r cesf rJus . �tha.t might . serve. -as � st�xtzrl� �az�t �QI :.�e�ot�at�atis �n a Site Oofttrol and CoAsolidatf� n initiative. f tee t f i - •e t fair nax et a 4qs ,ors .the .target s .s Ira supper 0 a c tasol d to re de eloommnt bl ecti vel y p � pp .dent f robabie, tees r� :co d�t10 _,T�6 .dec e� Q be a ropriate. counte� : ff s t o , , o s t s ap e pri to :tire.. coiasol datio' "'bj ct. ve, w ise ����1�, on'' �e seieeted ai hfor t"'taif "Iet�eTS oft o is�.. p rces. Ilow�e o l ndatiot ap �c i to .ta tic vartotts col�sa i atio�a optioris taa arc: LI Proximate Area Site and Area Overview • The general area surrounding this study is largely developed, with few unoccupied sites and a number of ongoing business occupancies that appear to be performing_ The individual sites identified that are improved had been developed under earlier land use guidelines. Those guidelines appear to have required vehicular cross connections between adjacent properties (east to vest) to pen -nit movement between neighboring properties without re --entry to either west Commercial Boulevard or NW 571h Street. No consistent pattern or alignment of cross connection appears to have been established. In general this cross connection has taken the form of a parking laze parallel to West Commercial Boulevard with spurs (parking drive lane extensions) that reach to the property line and adjacent sites_ Each is matched by similar events on the neighboring properties as subsequent improvements were made. it is unsure at this time whether these cross connections are supported by land use approval mandates, private or public easements (recorded or unrecorded) or other insiniments that assure their ongoing connectivity and establish standards of maintenance when they result in shared curb cuts or other shared access improvements. The pattern of the developed sites clearly has vested a site planning strategy on each site of the surrounding properties that can _be characterized by the following conditions: • A frontage drive lane serving as a parking thoroughfare that connects to adjacent • properties for cross connectivity (seldom perfectly aligned) • A building placement immediately behind the frontage drive lane • A parking lane extension on one or both sides of the building within each site A rear parking lane that connects to adjacent property's in similar fashion to to the frontage drive lane (often offset from the Year property line to allow for onsite retention) • Curb cuts incrementally awarded off West Commercial Boulevard that are occasionally shared between several properties • A parking lot barrier between public pedestrian systems within the street rights of way and the pedestrian entries into each structure « Occasional access off NW 571h Street or NW 82" d Ave. • Independent site responses to storm water management demands. 3 0 This pattern of parcel improvements is interrupted by vacant parcels, eliminating the continuous connectivity objective implicit in the conditions in place. This pattern so dominates the street character and internal traffic approach, it would appear to - unproductive to disregard the planning standard on the select number of vacant sites or those eligible for building improvements, expansions, or replacement. r� As part of a recent zoning update, the sites in question are subject to mixed use development guidelines that advance basic principles of "new urban design", preclude p "drive in or drive through" service to commercial occupancies and require minimum lot sizes. All the adjacent sites and those that are the subject of this report which are currently improved appear to be in non --compliance to these new design standards. The site pattern that exists offers conflicts with the pedestrian .priorities established in the new mixed use standards. A fundamental conflict therefore exists between the current zoning and existing uses, discouraging redevelopment for individual sites currently occupied. Much of these' building improvements in the general area appear less than twenty years old and not likely subject to redevelopment in the near future. The constructive interrelationship between existing and any new development patterns could create complications in creating a unified outcome and advancing any needed approval on a "site by site" basis. The omission of "drive through" convenience combined with minimum site size and mixed use occupancy mandates have negatively challenged historic values and restricted market interest to more select purchasers with willingness to accept these conditions. As efforts to consider redevelopment of the subject sites are advanced, planning parameters for the larger area (extending westerly to NW 87t1' Ave easterly to N University Road) should also be revisited to assure the new development pattern will work effectively with existing properties and allow for a ftiture refreshed community presentation that builds toward a cohesive identity for the overall redevelopment district. 2 tio d "C' Ske'Observat o s,:Retlec ns an ommenft: Tar �eted, 'n The tar et d four sites are 100ted aloe e west, Comrriercial Bt ulcvaed frontage framing the east aid westerly edges of l� �Zn`� Ave,,,'and abut�i11 on the �`e�z � ����� T ie: arels include b' 'th rit ah i n ro d p iOperti sO.. �'he asse��nbiy could'be Coml rornised y, the wlllingnn ss of owners of impi b.ved prope1-ties to self: or r6locate ekistin opera s c taIIIed tl er O Art e''Valuation of the: buildif.g imrm� o `eri cn t.s and their cup- 't business vitality to ethdi Wi i' th land value th is beCbiiie an' essential c0`ncux'�•ent. Ongid 'atton � the �x� °case,, - The fai n s 'cc -fie c ,physital.observations are c t ed t tentio n. N 8 ? Ave. rnortb. of Nest Cornnerc.ia1 Batiiev iTd does not Mi with ti�a 'st?ut�n extensionon.tG ocirova��d'`ntae, The median 'Cut sery ng, the southerly extension of - 82P" . Ave dogs no'al p With the a igm, nen, t nbrth of West Commerical Btu evard. 'The medlar Cut aiiows for let :turn oly into the curb Ctit seINiA9 th Beddi1 Balm,— alone(site 18 Resu tantlY this en6' 6' u a es'..thkb.q h t�-�f jp: Over :that sits �to''1:eeess 'NW 82" Me, or NW 5 71, Street. NW � Ave on 'ire nog th of WCV Comm' e' 'cia:l �4uiev'ard only allows- for right i right but::a.ecess.� '� le �t�r aotivity is �liow' d. �t��cide `right-tt�z� to urtufd:fc £owmovements, -abseaAveud �k sauthb +d rria ��i� it Sri est et=c'ial, BdE k va I. 0- I u i • The general pattern of site development as previously cited and the traffic inter - connectivity it advances makes it very desirable to continue the cross connecting frontage parking lanes between adjacent neighboring propel -ties - NW 82nd Ave is positioned as an important ingress to and potentially valuable egress from NW 57`h Street. As referenced in the prior report, use activation of NW '57`h Street as a viable alternative east/west route would be strategic to effecting an internal (Tamarac) main street persona and developing itidependent market values along its length. 0 (While not a part of this repor% it has been and rerrrains a concern that NW 57r1' Street lacks easy access and activation, linprovements previously ,proposed at th6 intersection of NW 57"' Street and ArW 88`' Ave are important considerations as then advance this MUStorl. Similarly, any consideration that could induce and improve access to NW 57r1? Streetfrom NW 79'h Ave or North University Road would also prove of value. Pedestrian con7fort along .NIA 57"' Street will also drive activity), value, and street quality. Tke treat7nent therefore of IVW 57"' Street as a pedestrian pron7enade and parking -- convenient boidevard -�vith tree shade and featured treatments will Grid the connectivity between east and westerly sectors o, f'the overall redevelopment zone,) 0 General Commentary on Subject Parcels Site 16 This site alone has little development potential. The site area required within the current zoning demands it be assembled with an adjacent site to meet the statutory minimum. The owner is willing to accept: a quid offer of $ 199,000 (below fair market square footage value) knowing the stand alone value is compromised by the substandard size. The basis of this offer appears to be below the original purchase price plus costs associated with a failed attempt to receive zoning approval for a prior intended use. Very little due diligence time would be. acceptable with this price proposal. Site 17 This site is offered at $550,000. Like site 16 it is insufficient in size for independent development under the current code. 1t thus must be coupled with Site 16 or the other neighboring parcel to gain approval under the current zoning conditions. The owner's have the capacity to be patient in pursuit of their price. This appears close to the fair market value but like Site 16 it currently is independently undevelopable. The seller will extend terms of 90 days for due diligence as part of this asking price. Site 18 This site contains the existing Bedding Bann. The owner owns a total of 16 silnilar properties and is considered "not a seller". Multiple efforts were made to make personal 10 contact with the owner but without success to this point. The existing business appears to be operating at a sustainable and viable level. The cost of the business would effectively be a condition of the site acquisition. An option might include an exchange of property with another suitable building (existing or built to suit). This could allow for little or no interruption of service to the business operation if relocated. The replacement site and building would need to be viewed of equal or greater value than the existing. Site 19 This site contains the In Town Suites, an extended stay hospitality property. The general care and maintenance of the property is in good standing and the operating effectiveness of the business is purportedly performing at a superior level. Management has indicated - they have been at 100% occupancy for over ten months. 7 0' 0 0 i i So m rat e concerns may have been expressed related to public safety issues, the rack e 'lid the occupancy (transient with dependency upon accessible serv'ces) could prove of in a tat I mixed use setting, - Rffort s to make contact with the owner have not yet been successful. fl"ce a a' value the operating business. . To g xn� Abe lzkely pace would need to cons�dez tine a of p g tether this could prove unviable for consolidation. CO°peratinterests could be of value and ion however with the property owner on common nt Specific recommendations would be generated based upon the consolidation success of the og � ther properties, t 0 0 Terms and Conditions per Site on the Four Additional Sites Owner �' Located In the Central Sector PROPERTY ID LEGAL OWNER 16 Lyons Commercial ELF LLO SUB 69-42 b LOT 3 LESS S 7 FOR RD BLK 7 Site Size, 67 Acres (29,300 sq ft) Askin_, Pq rice, $199 0(}0 Comments: Price is based on a quick sale. Property is priced well below Fair Market Value. The Owners had developed a site plan based on negotiations with Brewster s Ice Cream which contemplated a drive through configuration. When the City changed its zoning criterta to Mixed Use, this site plan not doable and the negotiations fell through. The Owners have re- presented that there are no engineering problems with which to deal. 17 Lyons Commercial Liu, Edward C H & Liu, Chuck N SUB 69-42 8 LOT 2 BLK 7 Site Size: .69 Acres (30,000 sq ft) Asking Price: $550,000 Comments: Asking price is within the Fair Market Value range established in our earlier study of the Western Sector (this in Western Sector - parcel is priced at $18.331sq ft compared to the $201sq ft valuation placed on similar parcels 4 & 6 Located on page 33 of our earlier report). The Owners would entertain terms on the property, based on a 90 day Due Diligence period for layout. The closing would take place after all approvals and permits were obtained for Intended use. 1 Lyons Commercial Lawrence 8 Crone REV TR & Lawrence B Crone TR SUB 69-42 8 LOT 1 LESS S 7 FOR RD BLK 7 Site Size: 1.21 Acres Asking Price: Not available Comments: The Bedding Barn is owned by a privately owned company which has 26 stores in 4 states. We called the corporate office in Connecticut to speak to the Owner, Lawrence Crone, but he was unavailable. His assistant, Debbie, informed us that she thought that the store was not for sale. We followed up with a letter which was overnighted to Mr. Crone. He has not filled us, but we continue to reach out to him. 19 Lyons Commercial Intown Suites Commercial Blvd. Inc. SUB 69.42 B LOT 6 W 66 ALL LOTS 7.9 BLK 6 Sites 3.07 Acres AskingPrice; rice; Not available Comments: The building is in good shape, and the property is well maintained. We were told that the property is 100% occupied and has been for the past 10 months. The manager could not forecast when a unit were be available. The going rate is $2791week. It would seem that the prospects of the Owners selling the property are remote. r� u f An Op"inion of Fair Market -VaWes pe ite within the Su4je­ c t Ar'ea Each r�1' tie subjecr t s have been valued based ��POIl. the general parameters oL tlined Gnj the prior report. �onsider�t�dr�s of ;VisNiit�r, accessibility, sire,` al�d ualit Ot �ntitlenlent have def ned.'the assessment. Tb.e map offers land values expressed in' '?�cc per squax e fgot. This dies dot a"dvahce value. fticiuslve of the buildin, ors of buslnes&,b ' ati ons thereon: The sour Value f the eddln a1-n ,would gppmach n xoplaceinent cost f l flf per foot r about $1,00,000 (i.c�ive f.ste �n entssquare oJo"i � �a The sty-Udu" re vale :of th Tn 'own sm es would ap .road -e :l cem' ent cost .of �����oo per unit (.124, units').. -or Tnately $7,25a,o04 (well Q�e the exitln assessment). ent} 1 0: An Opinion of Probable Price, Terms, and Conditions per. Site • within the Subject Area The two vacant sites (16 & 17) offer the most likely assembly and combined permit development in some manner consistent with the mixed use standards of the zoning overlay. Their combined asking price is within the land values we have confil' ed, evert with the limits on development imposed by zoning. They combined thus represent the minimum consolidation of lands for passible development. The possible addition of Site 18 (Bedding Barn) would advance the overall flexibility even greater, as it allows for a variety of consolidated options that could strengthen the appeal of the composite tract. The price however would likely prove too steep, particularly if the business were to be closed or relocated to effect the sale. Two proposal options might be considered: An offer to replace building and site in another suitable location via land trade, or An offer to provide space in newly constructed buildings on the safe location (phased to avoid interruption of service) in exchange for the property control. Site 19 is not an appropriate consolidation. Cooperation from the owner in other ways however could prove beneficial, Particular efforts to examine the potential for effective re- alignment of NW 82nd Ave. with the median cut on West Commercial Boulevard could occur with their cooperation. In town suites gain of left hand turn access (via easement) and adjacency to a viable mixed use event serving guest needs in their facility could be the incentive. 11 • Qonlsolluatlon� Options Effect"vcly -three conso l idat ion vari at s s i co nsi d rid. The first is the consOidation of t4.two vacant .8��e� � � � � 7�. C-6mb �'d �h� meet the minimurn area standards and. �=ef1 combn d ra 1 eater than rr�bic asking Prices. � `_ �'"":.'�;�.�'. �"""'�,.•-..� r'`-.-' it'"'�: '�i�"'�.:'_�+��i�:+.�I11rE. �:�.1►..� ar.:�ti�3Ffi. '�EIK1 'is flition .'Consolidatof the � 82 , Tit third Y Ave rl`ght of way vith..all. three sitles tQ ether with a cppperatxve facilitationWith,' In Tow I Suites {Site 19) to allow for rl'ght of dray us p. r� u 0 DEVELOPMENT MANAGEMENT AND CONSTRUCTION MANAGEMENTAGREEMENT THIS DEVELOPMENT CONSTRUCTION MANAGEMENT AGREEMENT (the "Agreement"), made and entered into this //44,/day of ,20Lc� by and between: CITY OF TAMARAC, FLORIDA a municipal corporation 7525 N. W. 88T" Avenue Tamarac, Florida 33321 (hereinafter referred to as "CITY"), and Assigns AND G1 P, L.L.C. a Florida limited liability company 2555 Temple Trail Winter Park, Florida 32789 (hereinafter referred to as "CONSULTANT" as defined herein) WHEREAS, the CITY issued a Request for Proposals for Development Consulting Services for the Tamarac Village Mixed Use Development RFP-02R (the "RFP") in order to contract for services with a qualified firm to assist the City with the development of the City s Tamarac Village Mixed Use Development (the "Project"); and WHEREAS, the Project is to be constructed in the area of approximately 133.32 acres, hereinafter referred to as the "Land", located generally west of University Drive, north of Commercial Boulevard, east of NW 94th Avenue, and south of NW 57th Street. The Land is appropriately depicted on Exhibit "A", which is attached hereto and incorporated herein by reference; and, WHEREAS, the various parcels which comprise the Land are owned by the City and other landowners; and WHEREAS, in response to the RFP, CONSULTANT and CITY entered into negotiations relating to CONSULTANT's ability to perform a Scope of Services that will enable the City to develop the Project; and WHEREAS, as part of the development of the Project, the CITY may use a portion of the Land for municipal and public purposes, including, but not limited to, a civic center, park areas, mitigation areas, and other public areas, all as provided by law, including certain related amenities; and, WHEREAS, CITY and CONSULTANT, CONSULTANT's Response to the RFP, now in reliance on the RFP and the desire to enter into this Aylt; ��� a respecting the planning and development of the Land, future construction of improvements on the Land, and the marketing and sale of portions of the Land; and, WHEREAS, CITY and CONSULTANT, further desire to enter into an Agreement with respect to the marketing and sale of portions of the Land to other entities who will develop the property in conformance with a proposed Conceptual Master Plan to be approved by the CITY; and, WHEREAS, pursuant to Section 166.021(9)(c), Florida Statutes, the CITY is authorized, and it is a recognized public purpose, for the CITY to expend public funds for economic development activities; and, WHEREAS, the CITY finds that the development and marketing of the Land is being done pursuant to such statutory authorization; and, WHEREAS, in conformance with Sectior the CITY desires to enter into this Agreement development on the Land and the design of the and sale of portions of the Land; and is 255.20 and 287.055, Florida Statutes, with CONSULTANT, for the planning of Master Infrastructure, and the marketing WHEREAS, if CITY elects to go forward with development of the Land pursuant to development plans to be prepared by CONSULTANT, CITY and CONSULTANT will enter a written amendment to this Agreement to include construction management of construction of the improvements on the Land (the "Project"); and WHEREAS, CITY has determined that entering into this Agreement with CONSULTANT to perform the various aspects of the Project contemplated by this Agreement is in the best interests of the health, safety, and welfare of the citizens and residents of the CITY; and WHEREAS, because there will be inherent efficiencies and economies achieved by the CITY which will be in the best interest of the health, safety and welfare of the citizens and residents of the City of Tamarac, Florida, the CITY has determined it is appropriate to enter into this Agreement, all as more fully set forth below. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: ARTICLE 1 DEFINITIONS Wherever used in this Agreement or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2 a 1.1 A� reement - The written agreement between the CITY and CONSULTANT covering the Services to be performed including other Contract Documents that are attached to the Agreement or made a part thereof. 1.2 Buildingq Department - The Building Department of the City of Tamarac, Florida, or its authorized employees. 1.3 Change Order - A document which is signed by CONSULTANT and CITY and authorizes an addition, deletion or revision in the Services within the general scope of this Agreement, or an adjustment in the Consulting Fee or the Contract Time, issued on or after the Effective Date of the Agreement. 1.4 CITY - The City Commission of the City of Tamarac, Florida, and its assigns, with whom CONSULTANT has entered into the Agreement and for whom the Services are to be provided. 1.5 CM Services - CM Services includes performing professional services for the overseeing and management of the actual construction of the Project pursuant to agreements between CITY and various contractors constructing the Project for CITY. CITY and CONSULTANT will negotiate, in good faith, a separate Scope of Services for the DM Services in the form of a Written Amendment, which will include a separate Consulting Fee for the DM Services if CITY elects to go forward with the Project after CONSULTANT has completed the DM Services. 1.6 Consultant - All references to CONSULTANT within this Agreement shall refer to G 1 P, LLC, serving in its role as Development Manager, Design Consultant, Construction Manager, and Real Estate Broker. 1.7 Contract Documents - The Contract Documents consist of the Drawings, Plans and Specifications, Non -Collusive Affidavit, Public Entity Crimes Form, this Agreement, Certificate(s) of Insurance, Payment and Performance Bonds and any additional documents which are required to be submitted under this Agreement, and all Exhibits, written Amendments, modifications and supplements, Field orders, Change orders and Services Change Directives issued on or after the effective date of the Contract. 1.8 Defective - An adjective which when modifying the Services refers to Services that are unsatisfactory, faulty or deficient, or do not conform to the Contract Documents, or do not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. 1.9 DM Services - DM Services includes performing services related to the preparation of a Master Development Plan, including but not limited to, professional design services and development management services in the design of the entire Project as required by the Contract Documents. 3 ♦, 1.1 0 Drawing - The drawings which are the result of the Services to be performed and which are referred to in the Contract Documents. 1.11 Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.12 Field order - A written order issued by the City Manager, or his designee which orders minor changes in the Services but which does not involve a change in the Consulting Fee or the Contract Time. 1.13 Master Infrastructure - Those lakes, roadways, utilities, drainage, landscape, irrigation, and mitigation improvements (within or adjacent to the Land) necessary to fill and subdivide the Land into individual parcels for development or sale by the City. The Master Infrastructure shall exclude all buildings or above- ground structures, other than those above -ground structures associated with utilities, drainage, paving, and other Master Infrastructure improvements. 1.14 Services - Services means either the DM Services and/or the CM Services, as appropriate. 1.15 Services Change Directive - A written directive to CONSULTANT issued on or after the Effective Date of the Agreement and signed by CITY and recommended by the City Manager, or his designee ordering an addition, deletion or revision in the Services. A Services Change Directive shall not change any Consulting Fee or Time, but is evidence that the parties expect that the change directed or documented by a Services Change Directive will be incorporated in a subsequently issued Change order following negotiations by the parties as to its effect, if any, on any Consulting Fee or Contract Time. 1.16 Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Services and certain administrative details applicable thereto. 1.17 Subcontractor - An individual, firm or corporation having a direct Contract with CONSULTANT or with any other Subcontractor for the performance of a part of the Services related to the Project. The cost of the Subcontractor will be paid by CITY and such costs are not included in the Consulting Fee (see Article 5). 1.18 Written Amendment - A written amendment of the Contract Documents, signed by CITY and CONSULTANT on or after the Effective Date of the Agreement and normally dealing with the non -engineering, non -architectural, or non -technical aspects rather than strictly Services related aspects of the Contract Documents. 11 ARTICLE 2 - CONTRACT DOCUMENTS 2.1 Enumeration of Contract Documents: The Contract Documents which comprise the entire Agreement between CITY and CONSULTANT are attached to this Agreement, made a part hereof and consist of the following: 2.1.1 This Agreement (and Exhibits "A" through "C" plus other items and documents identified on the following Enumeration of Contract Documents); 2.1.2 Projected Monthly Project Management Schedule Of Activities and Scope of Services for Tamarac Village related to DM Services to be provided by CONSULTANTare attached hereto as Exhibit "B" (for purposes of this Agreement the term "DM Services" will mean and be limited to those services described on Exhibit "B"); 2.1.3 Scope of Services related to CM Services to be provided by CONSULTANT will be attached to a Written Amendment to this Agreement, executed by both parties, if the CITY elects to go forward with construction of the Project; 2.1.4 The Listing Agreement to be entered into between CITY and CONSULTANT for the marketing of the Land is attached hereto as Exhibit "C"; 2.1.5 All applicable provisions of State, Federal or local law; 2.1.6 Any modification, including all Change Orders, Written Amendments and Services Change Directive duly delivered after execution of Agreement; 2.1.7 Request for Proposal, RFP 11-02R and CONSULTANT's Response dated April 7, 2011. 2.2 Entire Agreement: The Contract Documents comprise the entire Agreement between CITY and CONSULTANT concerning the DM Services. The Contract Documents are complimentary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Florida. 2.3 Amending and Supplementing Contract Documents: The Contract Documents may be amended to provide for additions, deletions and revisions in the Services or to modify the terms and conditions thereof in one or more of the following ways: 2.3.1 A Change Order; 2.3.2 A Written Amendment; or 5 , 2.3.3 A Services Change Directive. 2.4 Supplements, Minor Variations or Deviations: 2.4.1 CITY will not authorize any Change Orders or Written Amendments to the Contract Documents, except in a manner allowed by law. CONSULTANT acknowledges and agrees that CITY shall not be responsible for the costs above those set forth herein unless the same are set forth in a Change Order or Written Amendment. Any and all Change Orders issued by the authority of an entity not a party to this Agreement shall not be compensated by CITY, and shall not constitute a Change Order. Notwithstanding the above, the City Manager, or his designee shall have the authority to execute the following documents on behalf of the CITY: Field Order, Services Change Directive, Sample Approval, and Technical Clarifications and Interpretations. 2.4.2 The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Services may be authorized in one or more of the following ways: 2.4.2.1 City Manager, or his designee's written interpretation or clarification; or 2.4.2.2 A Field Order. 2.5 Representation of CONSULTANT: Execution of the Agreement by the CONSULTANT is a representation that CONSULTANT visited the site and become familiar with the local conditions under which the Services are to be performed. 2.6 Before Commencing Operations: Before undertaking each part of the Services, CONSULTANT shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon. CONSULTANT shall promptly report in writing to CITY and the City Manager, or his designee, any conflict, error or discrepancy which CONSULTANT may discover and shall obtain a written interpretation or clarification from the City Manager, or his designee, before proceeding with any Services affected thereby. ARTICLE 3 - SCOPE OF SERVICES 3.1 DEVELOPMENT; ENGINEERING; REAL ESTATE CONSULTING SERVICES 3.1.1 CONSULTANT shall provide DEVELOPMENT, ENGINEERING, AND REAL ESTATE CONSULTING services for the planning of the proposed development on the Land as described as DM Services. 11 4,: . 3.1.2 CITY hereby designates CONSULTANT as their agent with respect to filing any necessary applications and documents with the appropriate permitting agency or regulatory body. ARTICLE 4 - CONTRACT TIME The DM Services shall be commenced upon the execution of this Agreement, and, subject to authorized adjustments, shall be substantially completed in conformance with the schedule included in Exhibit "B" for Phase 1 and Phase 2, and as may be approved for each additional phase of the project; which is attached hereto and incorporated herein by reference. CONSULTANT agrees that all DM Services shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. ARTICLE 5 - CONTRACT SUM & PAYMENTS CITY shall pay CONSULTANT the Consulting Fee in current funds as full compensation for the performance of all DM Services for Phase 1 and Phase 2, subject to amendments, additions and deductions by Change Order or Written Amendment as provided in this Agreement, the sum of Seventy -Four Thousand Dollars and no cents ($74,000.00) for Phase 1; and One Hundred Forty Thousand Dollars and no cents ($140,000.00) for Phase 2 for a combined total of Two Hundred Fourteen Thousdand Dollars and no cents ($214,000.00) for both phases.for the performance of the DM Services (the "Consulting Fee") to be paid periodically as set forth on Exhibit "B" for Phase 1 and Phase 2. This Consulting Fee only relates to the DM Services. In addition, CITY shall pay CONSULTANT separately for services provided as part of the Listing Agreement, which is attached hereto as Exhibit "C" or any other subsequent project phase as may be approved by the City Commission by formal amendment to this Agreement. Once CONSULTANT has completed the performance of the DM Services, the CITY and CONSULTANT will negotiate, in good faith, an additional Scope of Services for the CONSULTANT related to the CM Services for the Project and the Consulting Fee for the CM Services. The CM Services shall be provided pursuant to a Written Amendment to this Agreement executed by the CITY and CONSULTANT. Progress payments will be made monthly for services that have been completed, approved by the City and properly invoiced. Invoices must include a detailed accounting of milestones completed by Group One worked by task for each project milestone for each member of the project team, as well as any other expenses allowable under this Agreement. The City may request additional documentation as required. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. VA ARTICLE 6 - CONSULTANT'S RESPONSIBILITIES 6.1 Responsibilities - Planning -and Development 6.1.1 Preliminary Evaluation: CONSULTANT shall provide preliminary evaluation of the CITY'S budget requirements in conjunction with the development of the Conceptual Master Plan. 6.1.2 Consultation: CONSULTANT will schedule and attend regular meetings and will consult with CITY regarding planning issues, development issues, site use, proposed improvements, the selection of materials and equipment, and marketing of the Land. 6.1.3 Extent of Responsibility: CONSULTANT shall be responsible for the completion of the DM Services. This includes the CONSULTANT'S attendance at any necessary federal, state, of local governmental hearing or meeting at which an application or issue related to the development of the Land will be considered. 6.2 Administration: 6.2.1 Those portions of the DM Services that the CONSULTANT does not customarily perform with the CONSULTANTS own personnel shall be performed under subcontracts or by other appropriate agreements with the CONSULTANT. CITY acknowledges that the compensation payable to such Subcontractors is not included in the Consulting Fee and will be paid separately by CITY. CONSULTANT will obtain bids from qualified bidders for such subcontracting work. CONSULTANT shall not contract with anyone to whom the CITY has reasonable objection. 6.2.2 The CONSULTANT shall provide monthly written reports to the CITY and designated consultants on the CONSULTANT'S progress with respect to the performance of the DM Services and the ability of the CONSULTANT to meet the milestones established in Exhibit "B", which is attached hereto and incorporated herein. 6.3 Indemnification: GENERAL INDEMNIFICATION: The parties agree that one percent (1%) of the total compensation paid to CONSULTANT for the Services under this Agreement shall constitute specific consideration to CONSULTANT for the indemnification to be provided under this Agreement. CONSULTANT shall indemnify, y defend, save and hold harmless the CITY and the CITY's elected officials, contract employees, agents, and, public employees from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Services. These indemnification obligations shall be limited to claims, damages, losses or expenses (1) that are attributable to bodilyinjury,� sickness, , disease or death, or to injury to or destruction of tangible property (other than the E'? Services themselves) including loss of use resulting therefrom, and (2) to the extent such claims, damages, losses or expenses are caused in whole or in part by negligent acts or omissions of the contractors, anyone directly or indirectly employed by either or anyone for whose acts either may be liable, regardless of whether or not they are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. 6.4 Patent and Copyright Indemnification: CONSULTANT agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against CITY, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 6.4.1 CONSULTANT shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees and costs. 6.4.2 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and reasonable costs and fees associated therewith including reasonable costs or fees of an appeal shall be the responsibility of CONSULTANT under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY'S rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts. 6.5 Survival of obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the Services and termination or completion of this Agreement. ARTICLE 7 - CITY'S RESPONSIBILITIES 7.1 CITY shall furnish data required of CITY under the Contract Documents promptly. 7.2 In each instance where an approval, clarification or interpretation is requested of the CITY by CONSULTANT under the terms of this Agreement, the CITY shall 0 s conduct such review and issue its written approval or interpretation to CONSULTANT in a timely manner. ARTICLE..8 - CITY MANAGER, OR HIS _DESIGNEE'S _RESPONSIBILITIES ARTICLE If CONSULTANT is engaged by CITY pursuant to the CM Services for construction management, the following will apply: 8.1 The City Manager, or his designee, will be CITY'S contact person during the construction period and until final payment is due to CONSULTANT. 8.2 Visits to Site: The City Manager, or his designee, along with CONSULTANT, will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Services and to determine, in general, if the Services are proceeding in accordance with the contracts for construction entered between CITY and the various contractors constructing the Project (the "Construction Contracts"). CONSULTANT will be directed toward providing for CITY a greater degree of confidence that the completed Services will conform to Construction Contracts. On the basis of such visits and on -site inspections, City Manager, or his designee, and CONSULTANT shall keep CITY informed of the progress of the Services and shall endeavor to guard CITY against defects and deficiencies in the Services. 8.3 Technical Clarifications and Interpretations: 8.3.1 The City Manager, or his designee, will issue, with reasonable promptness, such written clarifications or interpretations of the technical requirements of the Contract Documents as the City Manager, or his designee, may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should CONSULTANT fail to request interpretation of questionable items in the Contract Documents neither CITY nor the City Manager, or his designee, will thereafter entertain any excuse for failure to execute the Services in a satisfactory manner. 8.3.2 The City Manager, or his designee, will interpret and decide matters concerning performance under the requirements of the Contract Documents upon written request of either CITY or CONSULTANT. The City Manager, or his designee, will make initial decisions on all claims, disputes or other matters in question between CITY and CONSULTANT. Written notice of each such claim, dispute or either matter will be delivered by claimant to the City Manager, or his designee, and the other party, but in no event later than ten (10) business days after the occurrence of the event giving rise thereto, together with written supporting data. 10 8.3.3 In the event CITY and CONSULTANT disagree upon whether CONSULTANT is entitled to be paid for Services, or in the event of any other disagreements over the Scope of Services included within the Consulting Fee for the Services, CITY and CONSULTANT agree to negotiate in good faith to resolve the issue amicably. As part of the negotiation process, CONSULTANT shall furnish CITY with a good faith estimate of the costs to perform the disputed Services in accordance with CITY's interpretations. If the parties are unable to agree, and CITY expects CONSULTANT to perform the Services in accordance with CITY's interpretations, CONSULTANT shall proceed to perform the disputed Services, conditioned upon CITY issuing a written order to CONSULTANT directing CONSULTANT to proceed and specifying CITY'S interpretation of the Services that are to be performed. In such event, CONSULTANT shall be entitled to submit in its payment applications an amount equal to fifty percent (50%) of its estimated cost to perform the Services, and CITY agrees to pay such amounts, with the express understanding that such payment by CITY does not prejudice CITY'S right to argue that it has no responsibility to pay for such Services and that receipt of such payment by CONSULTANT does not prejudice CONSULTANT'S right to seek full payment of the disputed Services under the applicable terms of the Scope of Services for such Services in the event the CITY'S order is deemed to be a change to the Services. 8.3.4 Authorized Variations in Services: The City Manager, or his designee, may authorize minor variations in the Services from the technical requirements of the Contract Documents which do not involve an adjustment in the Consulting Fee or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on CITY and on CONSULTANT who shall perform the Services involved promptly. If the parties disagree as to whether it is within the scope of the Services, the provisions of 8.3.3 shall apply. ARTICLE 9 - INSURANCE 9.1 Insurance: 9.1.1 UPON EXECUTION OF THE CONTRACT, THE CONSULTANT SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF TAMARAC IS AN ADDITIONAL NAMED INSURED WITH RESPECT TO THE REQUIRED COVERAGE AND THE OPERATIONS OF THE CONSULTANT UNDER THE CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shah also specifically refer to this Agreement and sh " state that such insurance is as required by Article 9 and its subparts 11 this Agreement. Other than preliminary work which may have already commenced prior to the execution of this Agreement, CONSULTANT shall not commence to provide Services under this Agreement until after CONSULTANT has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. CONSULTANT shall not permit any Subcontractor to begin to provide Services until after similar minimum insurance to cover Subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the term of this Agreement, then in that event, CONSULTANT shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage and extension thereunder is in effect. CONSULTANT shall not continue to perform the services required by this Agreement unless all required insurance remains in full force and effect. 9.1.2 Insurance Companies selected by CONSULTANT must be approved by the CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. 9.1.3 The CONSULTANT shall procure and maintain at its own expense and keep in effect during the full term of the Contract a policy or policies of insurance which must include the following coverage and minimum limits of liability: 9.1.3.] Professional Liability (Errors and Omissions) Insurance for architectural and engineering services and the services of any other professional used in providing Services pursuant to this Agreement in the amount of $1,000,000-00 with a deductible (if applicable) not to exceed $50,000.00 per claim. The certificate of insurance for professional liability shall reference any applicable deductible and the Services pursuant to this Agreement. 9.1.3.2 Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and xx/100 dollars ($100,000.00) per accident. CONSULTANT agrees to hP 12 responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 9.1.3.3 Comprehensive Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by the CONSULTANT in providing Services pursuant to this Agreement with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence 9.1.3.4 Comprehensive General Liability Insurance (occurrence form) with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence Coverage must be offered in the insurance carrier's least restrictive available form and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 9.1.3.4.1 Premises and Operations; 9.1.3.4.2 Independent Contractors; 9.1.3.4.3 Product and Completed Operations Liability; 9.1.3.4.4 Broad Form Property Damage; 9.1.3.4.5 Broad Form Contractual Coverage applicable to the Contract and confirming the indemnification and hold harmless agreement in this Contract; 9.1.3.4.6 Personal Injury coverage; and 9.1.3.4.7 Explosion, collapse, underground coverage (XC-U), 9.1.4 CONSULTANT shall maintain the Products/Completed Operations Liability Insurance for a period of at least three (3) years after final payment for the Services and furnish CITY with evidence of continuation of such insurance at final payment. 13 o 9.1.5 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the following minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best's Insurance Guide. 9.1.6 The CONSULTANT shall ensure that any company issuing insurance to cover the requirements contained in this Contract agrees that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. 9.1.7 The clauses "Other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as an additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence within fifteen (15) working days of CITY's actual notice of such an event. 9.1.8 other than preliminary work which may have already commenced prior to the execution of this Agreement, the CONSULTANT shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. 9.1.9 The CONSULTANT agrees to perform the Services pursuant to this Agreement as an independent CONSULTANT, and not as a sub- contractor, agent or employee of CITY. 9.1.10 CONSULTANT shall require each of its Subcontractors of any tier to maintain the insurance required herein for each category, and CONSULTANT shall provide verification thereof to CITY upon request of CITY. 9.1.11 Following notice and a reasonable period of time to cure, violation of the terms of this Article and its subparts shall constitute a breach of the Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and interest of the CONSULTANT shall thereupon cease and terminate. 9.2 CITY'S Liability and Insurance: CITY shall not be responsible for purchasing and maintaining any insurance to protect the interests of CONSULTANT, Subcontractors or others on the Services. CITY specifically reserves all statutory and common law rights and immunities and nothing herein is intended to limit or waive same including, but not limited to, the procedural and substantive provisions of Section 768.28, Florida Statutes and Section 95.11, Florida Statutes. 14 ARTICLE 10 —WARRANTIES 10.1 CONSULTANT warrants to the CITY that it will comply with all applicable federal, state and local laws, codes, regulations and orders in carrying out its obligations under the Contract. 10.2 CONSULTANT warrants to the CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 10.3 CONSULTANT warrants to the CITY that the performance of the Services pursuant to the Contract Documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which the CONSULTANT is a party. 10.4 CONSULTANT warrants that there has been no violation or copyrights of patent rights either in the United States of America or in foreign countries in connection with the Services to be provided pursuant to the Contract. 10.5 No warranty, either express or implied, may be modified, excluded or disclaimed in any way by CONSULTANT. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by CITY. ARTICLE 11 - CONTRACT TIME 11.1 Change of Contract Time: ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS, INCLUDING THOSE MILESTONES IDENTIFIED IN EXHIBIT "B", WHICH IS ATTACHED HERETO, ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. CONSULTANT shall not be entitled to an increase in payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages including but no limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONSULTANT for hindrances or delays due solely to fraud, bad faith or active interference on the part of CITY or its agents. In addition, if CONSULTANT is delayed at any time in the progress of the Services by an act, neglect or failure to cooperate of the CITY's employees, or separate contractors employed by the CITY, or by changes ordered in the Services, orb delay authorized b the CITY pending y y Y p g 15 a arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Consulting Fee shall be reasonably increased, subject to the execution of a Written Amendment to this Agreement, as provided herein. Furthermore, if CONSULTANT is delayed at any time in providing any Services by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the CONSULTANT's control, or by other causes which the CITY and CONSULTANT agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, CONSULTANT shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. 11.2 No Recovery for Early Completion. If the CONSULTANT submits a schedule or expresses an intention to complete the Services earlier than any required milestone or completion date, the CITY shall not be liable to the CONSULTANT for any costs incurred because of delay or hindrance should the CONSULTANT be unable to complete the Services before such milestone or completion date. The duties, obligations and warranties of the CITY to the CONSULTANT shall be consistent with and applicable only to the completion of the Services and completion dates set forth in this Agreement. ARTICLE 12 CHANGES IN THE SERVICES 12.1 CITY, without invalidating this Agreement, may order additions, deletions or revisions to the Services. Such additions, deletions or revisions shall be authorized by a Written Amendment, Change Order or Services Directive Change. 12.2 Change Orders shall be approved by the City Manager prior to their issuance. All Change Orders which result in an increase in the Consulting Fee by an amount of Thirty Thousand and 00/100 Dollars ($30,000.00) or more, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, must be formally authorized and approved by the City Commission prior to their issuance and before such extra Services may begin. No claim against CITY for extra Services in furtherance of such Change Order shall be allowed unless prior approval has been obtained. 12.3 The Consulting Fee and Contract Time shall be changed only by Change Order or Written Amendment. 12.4 12.5 Proposed Change Orders shall be prepared by the CONSULTANT. If CITY and CONSULTANT are unable to agree as to the extent, if any, of an adjustment in the Consulting Fee or an adjustment of the Contract times that should be allowed as a result of a Services Change Directive, a claim may be made therefor. 16 12.6 CONSULTANT shall not be entitled to an increase in the Consulting Fee or an extension of the Contract Time with respect to any Services performed that are not required by the Contract Documents as amended, modified and supplemented. 12.7 Any claim for adjustment in Consulting Fee or time shall be based upon written notice delivered by the party making the claim to the other parties and to City Manager, or his designee, not later than ten (10) business days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Consulting Fee or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 12.8 The cost or credit to CITY from a change in the Services shall be determined in accordance with the provisions hereof. ARTICLE 13 - CHANGE IN CONSULTING FEE 13.1 The Consulting Fee constitutes the total compensation (subject to authorized adjustments) payable to CONSULTANT for performing the DM Services. In the event the CITY and CONSULTANT desire to have the CONSULTANT perform CM Services, the parties shall negotiate a Written Amendment to this Agreement to provide for the payment of an additional Consulting Fee for CM Services. All duties, responsibilities and obligations assigned to or undertaken by CONSULTANT shall be at its expense without change in the Consulting Fee. 13.2 The Consulting Fee may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Consulting Fee shall be based on written notice delivered to the City Manager, or his designee, promptly (but in no event later than ten (10) business days) after the occurrence of the event giving rise to the amount of the claim with supporting data shall be delivered within twenty (20) business days and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. No resolution of a claim for adjustment in the Consulting Fee shall be effective until approved by CITY in writing. No claim for an adjustment in the Consulting Fee will be valid if not submitted in accordance with this Paragraph. 13.3 Final payment: In accordance with the Scope of Services, final payment constituting the entire unpaid balance of the Consulting Fee, shall be paid by the CITY to the CONSULTANT when the Services, whether DM Services or CM Services, have been completed in accordance with the Contract Documents, this Agreement fully performed, and a final certificate for payment has been issued by the City Manager, or his designee. 17 A 13.4 Construction Management. If CITY elects to have CONSULTANT perform the CM Services pursuant to a Scope of Services for construction management and an agreed upon Consulting Fee, the terms of this Article 13 will apply to the CM Services. ARTICLE 14 - TERMINATION OF THE CONTRACT 14.1 CITY'S Right to Terminate: Upon the occurrence of any one or more of the following events: 14.1.1 If CONSULTANT commences a voluntary case under any chapter of the Bankruptcy Code as now or hereafter in effect, or if CONSULTANT takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 14.1.2 If a petition is filed against CONSULTANT under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONSULTANT under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 14.1.3 If CONSULTANT makes a general assignment for the benefit of creditors. 14.1.4 If a trustee, receiver, custodian or agent of CONSULTANT is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONSULTANT is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONSULTANT'S creditors. 14.1.5 If CONSULTANT admits in writing an inability to pay its debts generally as they become due. 14.1.6 If CONSULTANT fails to perform the Services in accordance with the Contract Documents (including but not limited to, failure to adhere to the progress schedule as same may be revised from time to time). 14.1.7 If CONSULTANT disregards laws or regulations of any public body having jurisdiction. 14.1.8 If CONSULTANT otherwise violates in any substantial way any provisions of the Contract Documents. a CITY may, after giving CONSULTANT seven (7) days written notice and to the extent permitted by laws and regulations, terminate the services of CONSULTANT. 14.2 Termination for Convenience of CITY: 14.2.1 Upon seven (7) days written notice to CONSULTANT, CITY may, without cause and without prejudice to any other right or remedy, terminate this agreement for CITY'S convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to CONSULTANT must state that the Contract is being terminated for the convenience CITY under the termination clause, the effective date of the termination and the extent of termination. Upon receipt of the notice of termination for convenience, CONSULTANT shall promptly discontinue all Services at the time and to the extent indicated on the notice of termination, terminate all outstanding Subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and Subcontracts. Except as set forth below, CONSULTANT shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. In such event, CITY shall pay CONSULTANT for (i) all Services performed and for proven loss, cost or expense in connection with the Services, (ii) reasonable costs and expenses attributable to such termination, including -amounts due in settlement of terminated contracts with Subcontractors and design professionals, and (iii) fair and reasonable sums for overhead and profit on items (i) and (ii) above. 14.2.2 In the event CITY terminates the Agreement pursuant to 14.2.1 and proceeds to design and construct the Project through its employees, agents or third parties, CONSULTANT shall grant CITY a limited license to use the Specifications and Drawings to complete the Project, conditioned on the following: 14.2.2.1 Use by CITY of CONSULTANT's work product is at CITY's sole risk and without liability or legal exposure to CONSULTANT. To the fullest extent permitted by law, CITY does hereby waive all rights and claims it may have against CONSULTANT if it terminates this Agreement but elects to use the Drawings and Specifications. Subject to limits imposed by law, CITY shall defend, indemnify and hold harmless the CONSULTANT from any and all claims, damages, losses and expenses, including attorneys' fees 19 a arising out of or resulting from the Specifications and Drawings. 14.2.2.2 CONSULTANT is paid by CITY all monies due under paragraph 14.2.1 above. 14.2.2.3 Such limited license shall not be granted in the event CITY terminates the Agreement after abandoning the Project. 14.3 Termination by CONSULTANT: If CITY fails to make payment following receipt of a requisition for payment from CONSULTANT for a period of thirty (30) calendar days, CONSULTANT may, upon seven (7) additional days written notice to CITY, terminate the Contract and recover from the CITY payment for Services performed and for costs, expenses and losses as defined under Article 14.2.1. 14.4 Mediation 14.4.1 Non -Binding Decision. Unless the parties agree in writing at the conclusion of the mediation, any decision reached under this section 14.4 shall not be final and binding upon the parties participating in it. Unless otherwise agreed in writing, the parties shall continue and proceed diligently to complete portions of the Project not affected by the claim(s) during dispute resolution proceedings. 14.4.2 Scope of Dispute Review. Any controversy or claim arising out of or relating to this Agreement or any breach of it shall be, at the election of either party, subject to review under these dispute resolution procedures. 14.4.3 Mediator. At the election of either party, the parties agree that any dispute or claim arising out of or relating to performance of this Agreement shall be submitted to non -binding mediation in accordance with the rules then in effect unless otherwise mutually agreed by the parties in writing. 14.4.4 Time of Claim. Claims must be brought within the applicable statute of limitations by notice of a claim to the other party or parties affected thereby. Failure to bring the claim within the specified time shall constitute a waiver of the party's right to assert the claim. The statute of limitations shall be tolled during the mediation process. The notice of claim shall provide reasonably sufficient detail of the nature of the claim and the basis for it. The mediator shall be selected by the parties within twenty (20) days following the date that a party requests that the selection process commence. Each mediation hearing shall be held at a location mutually approved by the parties. Unless the parties otherwise agree in writing, mediation may be commenced on or after the thirtieth (30th) calendar day after the mediator is selected. Each party agrees 20 0 that it will designate a representative, having authority to bind that party, who will attend all mediation hearings. Both parties shall endeavor, in good faith, to reach a resolution of the claim during the mediation. The mediator shall submit a sworn affidavit to both parties indicating that the mediator has no past or present affiliation with either the CONSULTANT or the CITY. 14.4.5 If the parties cannot agree on the production of documents or exchange of other information (including rules relating thereto), then the mediator shall make a determination as to the scope and nature of the exchange at the initial hearing or at such later time as a party may request, but in no event later than fifteen days before the mediation. 14.4.6 Proceeding Costs and Fees. All parties participating in the mediation shall be responsible for their own costs, expenses and attorney fees necessary to pursue or defend against claim(s) raised under these provisions; however, the parties shall equally share the costs of any meeting or hearing place and the fees of the mediator. 14.4.7 Enforceability and Form of Decision. The decision resulting from mediation is not binding on any party participating in the mediation unless and until the parties agree to it in writing. If any party is not satisfied with the outcome of the mediation, it must convey a written notice to the other party or parties within ten (10) calendar days. 14.4.8 Litigation. If informal settlement discussions are unsuccessful, and the parties cannot reach an agreement through mediation with respect to a claim or dispute, the parties agree that thereafter the dispute or claim shall be resolved by litigation. ARTICLE 15 - NOTICE COMPUTATION OF TIME 15.1 Givinc�Notice: All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: CONSULTANT: Timothy Burns G1 P, L.L.C. 2555 Temple Trail Winter Park, FL 32789 Telephone No. (407) 832-9868 Facsimile No. (407) 628-1471 21 1, COPY TO: CITY: J. Lindsay Builder, Jr., Esq. Burr & Forman LLP 369 N. New York Avenue, 3rd Floor Winter Park, FL 32789 Telephone No. (407) 647-4455 Facsimile No. (407) 7i40-7063 Michael C. Cernech, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 Telephone No. (954) 597-3510 Facsimile No. (954) 597-3520 COPY TO: Jennifer Bramley, Director of Community Development City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Telephone No. (954) 597-3542 Facsimile No. (954) 597-3540 COPY TO: Samuel S. Goren, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 15.2 Computation of Time: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 22 ARTICLE 16 - MISCELLANEOUS 16.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guaranties and obligations imposed upon CONSULTANT and all of the rights and remedies available to CITY thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of the Agreement. 16.2 CONSULTANT shall not assign or transfer the Contract or its rights, title or interests therein without CITY'S prior written approval. The obligations undertaken by CONSULTANT pursuant to the Contract shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONSULTANT and the CITY may, at its discretion, cancel the Contract and all rights, title and interest of CONSULTANT shall thereupon cease and terminate. 16.3 CONSULTANT and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 16.4 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of CITY now or hereafter existing at law or in equity. 16.5 The validity, construction and effect of this Contract shall be governed by the laws of the State of Florida. Subject to provisions hereof relating to arbitration, any claim, objection or dispute arising out of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 16.6 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or provision shall not be affected thereby. 16.7 In furtherance of the development of the Land, the CITY may petition the City Commission for the establishment of a Community Development District ("CDD"), 23 4 e F formed in conformance with applicable state law. In the event a CDD is formed, CONSULTANT agrees to cooperate and coordinate its actions pursuant to this Agreement with the CDD's authorized representative. 16.8 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement and any exhibits attached hereto, are and shall remain the property of CITY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CONSULTANT, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONSULTANT to the City Manager, or his designee, within seven (7) days of termination of this Agreement by either party. Any compensation due to CONSULTANT shall be withheld until all documents are received as provided herein. 16.9 CONSULTANT shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONSULTANT's records, CONSULTANT shall comply with all requirements thereof; however, no confidentiality or non- disclosure requirement of either federal or state law shall be violated by CONSULTANT. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for CITY's disallowance and recovery of any payment upon such entry. 16.10 Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. ARTICLE 17 - NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 17.1 During the performance of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. CONSULTANT will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color or national origin. Such action must include, but not be limited to the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall agree to post in conspicuous places, available to 1 24 h employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 17.2 CONSULTANT shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment opportunity" as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor Regulations (41 CFR Part 60). Remainder of Page Intentionally Blank 25 A IN WITNESS WHEREOF, CITY and CONSULTANT have signed this Contract in triplicate. ATTEST: PETER RICHA CITY CLERK APPROVED AVTO FORM: OFFICE ATTEST: ';0ri BY: F TME'CITY ATTORNEY Print Name: 1 M Title: DATED: �Jyj CITY OF TAMARAC MAYOR BETH TALABISC l G 1 P, L.L.C. a Florida limi By: Print Name: Title: 20 y � 26 MICHAEL C. CERNEC CITY MANAGER i (SEAL) y company �1�417 *CY 1 State of Florida ) )ss: County of On this, the day of QZ44 , 2012, before me, the undersigned Notary Public of the State of Flori , the foregoing instrument was acknowledged bi4er,�� . �a name of officer a Mana r f g Ye o G1 P, L.L.C., a Florida limited liability company, on behalf of the limited liability company, who 4 ��G9A%Q111 n���.. +^ a OWN= Gr has produced &:ak / pvq U l C- as identification, and who acknowledged that he executed the same on behalf of said limited liability company, and that he was duly authorized to do so. TINA M. WHEATLEY (9 MY COMMISSION # EE5619 EXPIRES: August 06, 2014 1400-3 NOTARY Fl• Notary Discount Assoc. Co. Notary Public, State of Florida My Commission Expires: Printed, typed or stamped na of Notary Public 27 EXHIBIT "A" m k x ,p. ►i►`elm Alibi _94TH ,p 9 *1� l _ ]t�'llfl�_ '�� _�, •,.,A • ¢ r .'ti. ,y- ,y31� ! f � i � � ° 7 1 l+tr JA F war i �GLFASGOWti' �r ice" "�i r: '. �`� � W►, � Y= pas ' LONDOWL 1 or AN C HESITER b!M, +i .ern �h WH*EHAL���111AY��� t� - N'H.ZLSkBLVD'tn'j . --; !jazz CA v ROYAL, WA ajL MMSS3 WJ ABBEY,-RD-- NW 88TH.!A' "E:-*1AN[:* DD-NW=88TH-AVE- NW r8.7-Ar TH; V1►�.Y y � Z , ,ATE NWc87TH;T9; a NW187TH -AVE ,`Co. Ji JI°`. W 8,6TH TER�- Zjz'IOU& «'z k �i is ^�:�� R., ,�-•� :,,;LNWd 86.TH �AV,E --;0� � hr, NWj8.5,TH"T'ER -max,-- �r 17 s.- .,At+�iiiRr 1 x nIT �Hl ,4. Ja m 00 a P r m m m a m m r O 3 z M4 )DO om m a W 7, YOW __ XV, A IL 'A' - w 9T E-- pq Ego, -ol ad7W7 z MNN 7� N-UNIVERSITY DR co EXHIBIT "B" PROJECTED MONTHLY PROJECT MANAGEMENT SCHEDULE OF ACTIVITIES AND SCOPE OF SERVICES FOR TAMARAC VILLAGE (Phase One and Phase Two) The following represents the necessary tasks and related costs for phase one of Tamarac Village, and includes the necessary steps of holding charrettes, conducting a local market study, identifying targets, create a pre -development budget, and develop financial projections in order to understand both the City's expectations and provide our best professional recommendations in order to develop a successful and sustainable outcome. The schedule is broken into incremental steps and activities. Many of the steps are ongoing while others will occur with time appropriateness to the advancement of the key Project Management responsibilities. Subsequent phases contain multiple sub -steps, which will be more clearly identified as activity progresses. Monthly reports will highlight in more detailed fashion what tasks and accomplishments will have been undertaken and completed. The services included herein are those governed by the Project Management Scope of Services. Construction Management and Real Estate Brokerage services are separate and distinct from the following activity breakdown. Selectively services to be provided under the Construction Management or Real Estate Brokerage Scope of Services may overlap the time periods herein identified. That work effort and compensation for those services shall be separate and independent of the effort and compensation attached to this schedule and Scope of Services understanding. The schedule provided is a best estimate only. Conditions unknown to all parties may cause changes in the schedule. The schedule and scope of activities proposed for each month could vary. Proportionate changes in compensation reflecting those adjustments may result. The time line proposed considers the timely review and feedback from City Staff and Commission Members at milestones to be determined. The scope of services as ennumerated herein are primarily intended for the westerly end of the "LAND" as defined in this agreement extending along 57th St from Pine Island Blvd on the east to 94th Ave on the west. Some services herein however are intended to govern the entirety of the "Land" area and herein refered to as the "re -development district". Services so designated shall govern the totality of the area within the Tamarac Center Mixed Use Development area, and those not so designated shall be limited to the areas west of Pine Island Blvd. No sub -consultants will be engaged during the execution of Phase I. Subsequent phases will require additional professional services provided by Sub consultants; such as legal, design and engineering, public relations and marketing related services, and other consultancies as mutually agreed to between Consultant and City. W Phase I. DEVELOPMENT VISIONING Part 1 Month 1 • Conduct a development positioning workshop related to alternative commercial and corporate candidacies for the "re-devleopment district" with designated representatives of City Staff and others at their election for the purpose of defining a preferred image and identity platform for future planning and promotional efforts. Provide Summary Report • Commence a listing of target tenant and investor candidates for consideration in future development activities. Provide Summary Report • Generate an updated intensity study that provides ranges of alternative land uses and occupancies appropriate to the site capabilities and current capacity expectations. Provide Design Illustration • Generate consultant scope of services as will be required for team implementation Provide Draft of Consultant Scope • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Monthly Progress Report (Deliverables are indictated in bold print for each element) Sub total Part 1 Month 2 $409000 • Commence consultant interviews and ranking process for all approved team positions. Provide Summary Evaluations • Generate a pre -development budget including fees for services required in the design, entitlement, and permit documentation processes anticipated, collateral development, direct promotional expenses and recommended event functions during the pre - development period. Create Initial Budget • Participate in a financial projection workshop on the "re- development district" with designated representatives of City Staff identifying costs, sources of funds sufficient to advance pre - development efforts through entitlements and to permit readiness. Workshop participation 30 • Begin a "neighbor awareness" campaign to invite strategic alliances and partnerships of potential value to the larger vision objective of the development and its immediate boundaries. Create Strategic Neighbor List • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Milestone Progress Report (Deliverables are indictated in bold print for each element) SubTotal Phase One Total Cost 31 $345000 Phase II, DESIGN TEAM SELECTION AND PRELIMINARY DESIGN PROCESS Anticipated components: Part 1 Month 3 • Negotiate and engage team consultants and advance team kick-off for design and entitlement phase of work. Sub consultant Agreements • Develop a PR schedule of events and list promotional collateral recommendations for time appropriate implementation. PR Calendar • Identify a public works scope on candidate public investments in support of the concept land use for the "re -development district" and provide budget parameters for each major component. Team Recommendation • Participate in a development funding workshop for the "re- development district" with designated representatives of City Staff identifying alternative sources of funds for development efforts. Workshop participation • Identify key infrastructural options, franchises, and service providers related to overall utility, public service, communications, media, and energy/efficiency. Summary Recommendation Conduct a sustainable/environmental criteria workshop with designated representatives of City Staff for the purpose of evaluating and identifying the desired tier of accredited sustainable status to be achieved (LEED by example). Summary Recommendation • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Milestone Progress Report Part 1 Month 4 • Initiate bi-month design team meetings to measure design refinement progress, update entitlement activities and promote inter -team coordination (ongoing). Meeting Minutes • Identify key site approval challenges and obstacles in the "re- development district, including: o Engineering — Storm; soils; sanitary; water o Environmental o T raff i c Technical Summary • Identify approval submission content and time lines. Vesting Time Schedule 32 -1 w • Seek collaborative participation by select neighboring properties in pending entitlement process. Draft of Collaborative Agreement • Generate entitlement approval schedule with assignment and organization responsibilities for each design team participant. Vesting Schedule • Begin a PR and Graphic consulting solicitation for promotional collaterals as approved. PR Calendar • Commence "eye candy" imagery required for entitlement, public awareness and promotional considerations. Graphic Displays by Others • Provide a monthly financial modeling (updates). Updated Document • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Milestone Progress Report (Deliverables are indictated in bold print for each element) Sub Total Part 2 Month 5 $989000 • Conduct bi-monthly design team meetings to measure design refinement progress, update entitlement activities and promote inter -team coordination (ongoing). Meeting Minutes • Initiate entitlement packaging and applications. Vesting Submittal Package • Examine elective infrastructural systems — communications, media, information management networks, centralized utility (steam/chilled water), co -generation, etc. Design Team Recommendations • Begin promotional media activity (ongoing). Updated PR Calendar with select activites • Commence prospect contact activities and promotional event scheduling. Marketing Contact List and Event Schedule • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Milestone Progress Report 33 (Deliverables are indictated in bold print for each element) Sub Total Part 3 Month 6 $21, 000 • Conduct bi-month design team meetings to measure design refinement progress, update entitlement activities and promote inter -team coordination (ongoing). Meeting Minutes • Initiate entitlement packaging and applications. Vesting Submittal Package • Begin promotional media activity (ongoing). Updated PR Calendar and event schedule • Generate Continue investor/developer/tenant identification program and pre -development prospect promotional efforts and distill positioning options as required. Activity Summary • Generate a monthly update report listing a summary of monthly activities and accomplishments. Provide Milestone Progress Report (Deliverables are indictated in bald print for each element) Sub Total $219000 Phase Two Total Cost: $1405000 TOTAL COST FOR PHASE ONE & PHASE TWO: $ 2149000 Remainder of Page Intentionally Blank 34 The following activities listed are a part of the continuing effort originally proposed, but are not a part of the scope of work under this Agreement which is limited to activities in Phase I and Phase II exclusively. Phase III. ENTITLEMENT AND PUBLIC AWARENESS CAMPAIGN Anticipated components: • Conduct bi-monthly design team meetings to measure design refinement progress, update entitlement activities and promote inter -team coordination (ongoing). • Inaugurate community awareness and public presentation program. (ongoing). • Provide support to ongoing Brokerage activity. • Monitor, maintain, and advance entitlement processes (ongoing). • Monitor, maintain, and advance promotional programming (ongoing). • Evaluate user matrix based upon prospect activity and evaluate project impact subject to key candidate feedback (ongoing). • Provide a monthly financial modeling (updates). • Provide a monthly schedule update (updates). • Generate incentive package to advance investment interest. • Provide support to ongoing Brokerage activity. • Generate initial draft of design and operating covenants. • Evaluate and affirm entitlement probability and commence advancement of candidate LOI initiatives. • Subject to status of entitlement process, inaugurate construction documentation for all infrastructure and public investment components. • Assist City Staff with financial facilities appropriate to programmed investments. • Advance design guidelines and operating covenants. • Provide initial input on land covenants, POA, and Retail/Commercial Management guidelines. • Upon completion of preliminary design documents, conduct bi- month design team meetings to measure construction document development, update entitlement activities and promote inter -team coordination (ongoing). 35 A • Finalize site design guidelines and covenants. • Evaluate user matrix based upon prospect activity and evaluate project impact subject to key candidate feedback (ongoing). • Generate a monthly update report listing a summary of monthly activities and accomplishments. Milestone report to City Commission Remainder of Page Intentionally Blank 36 Phase IV. PERMITTING AND PARTNERING ACTIVITIES Anticipated components: • Subject to full vesting of entitlement and construction documentation progress, begin permitting procedures (multiple submissions and phases of work). • Conduct bi-monthly design team meetings to measure construction document development, update entitlement activities and promote inter -team coordination (ongoing). • Provide support to ongoing Brokerage activity (ongoing). • Monitor, maintain, and advance promotional programming (ongoing). • Evaluate user matrix based upon prospect activity and evaluate project impact subject to key candidate feedback (ongoing). • Provide a monthly financial modeling (updates). • Provide a monthly schedule update (updates). • Continue permitting processing (ongoing). • Commence multiple Contractor and key Sub -contractor qualification process (RFQ). • Provide support to ongoing Brokerage activity (ongoing). • Review and identify invited Contractor and key Sub -Contractor participants in public construction initiatives (incremental based upon timing of each event). • Commence general bidding process for selected works. • Monitor, maintain, and advance promotional programming (ongoing). • Generate a monthly update report listing a summary of monthly activities and accomplishments. Milestone report to City Commission 37 4 Phase V. CM AND CO -DEVELOPMENT ACTIVITIES Anticipated components: • Review bid responses and advise City Staff on content. • Assist City Staff with final contract negotiations as required. • Provide support to ongoing Brokerage activity (ongoing). • Monitor, maintain, and advance promotional programming (ongoing). • Evaluate user matrix based upon prospect activity and evaluate project impact subject to key candidate feedback (ongoing). • Provide a monthly financial modeling (updates). • Provide a monthly schedule update (updates) • Generate a monthly update report listing a summary of monthly activities and accomplishments. • Organize contract(s) awarding and groundbreaking ceremonies. • Initiate Construction Management Services as appropriate. Milestone report to City Commission N W AN Exhibit "C" Listing Agreement: EXCLUSIVE RIGHT TO SELL TO: Brotman Group, LLC, hereinafter designated as Agent. In consideration of your endeavoring to procure a Purchaser, the undersigned, hereinafter designated as Owner, grants you the sole and exclusive right and authority for a period of one (1) year from the date hereof to sell the property or any portion thereof described as: (INCLUDE LEGAL DESCRIPTION OF PROPERTY) (the "Property") on any terms to which the Owner may consent in writing. In the event of a sale the Owner agrees to a to the Agent a commission of `` I g pay g percent (,!� %) of the sales price, to be paid at the time of closing. Should another duly licensed real estate broker be involved in the sale, the Owner agrees to negotiate any cooperating broker commissions directly with the cooperating broker. Agent shall continue to receive a full % commission payment from Owner and said commission shall be due Agent as of closing. Due to the exclusive nature of this listing, the Agent, its officers, directors, agents, affiliates, employees, successors, and assigns are prohibited from making any offer to purchase any portion of the Property. This agreement may be renewed on an annual basis, subject to the execution of a written amendment executed by both parties. Owner may cancel this agreement at any time by providing Agent with thirty (30) days prior written notice. Agent will supply Owner with a list of active prospects upon termination of this Agreement. If the Property, or any portion thereof, is sold within six (6) months after termination of this agreement to any person or entity contained on the Agent's list of active prospects the commission is to be paid to Agent upon the sale of the Property. 39 This Agreement is binding on the parties' heirs, successors, and assigns. ATTEST: �0 \ � � + l ��,CITY OF TAMARAC •`` p•M A R4 .. • too 'Ole. a ' U- METH TALABISCO, r a �� •° ` \ • RICHARDSC► °• �q\ CLERK .- ., ���`�MICHAEL C. CERNECH CM �4 CAXI /,, R D C � \ j j j, j j► 0 t CITY MANAGER APPROVED AS TO FORM: L PETER CITY 01))-) 1 i'Ll OFFICE OF'TH� CITY ATTORNEY r _ me: DATED: H:12011 \110501 \Listing Agreement.doc Brotman Group, LLC, a Florida limited liability company B. Y Print Name:'` Title. D[20QA,�-44-\4-o�10AN' use (SEAL) Y11 PV PL TERRY WHITE � Notary Public - State of Florida • * = My Comm. Expires Jun 28, 2016 Commission # EE 186403 Bonded Through National Notary Assn.