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HomeMy WebLinkAboutRFP - 8189 HORSETOOTH LAND BANK DEVELOPERAddendum 1 – 8189 Horsetooth Land Bank Developer Page 1 of 9 ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID RFP 8189: Horsetooth Land Bank Developer OPENING DATE: 3:00 PM (Our Clock) November 30, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 – Questions & Answers Exhibit 2 – Horsetooth Survey Exhibit 3 – Final Draft, Exclusive Negotiating Agreement Please contact Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Addendum 1 – 8189 Horsetooth Land Bank Developer Page 2 of 9 EXHIBIT 1 – QUESTIONS & ANSWERS 1) Do you have an assessor’s map, land plat or survey of the subject parcel? Answer: See attached Exhibit 2 2) Have you performed any environmental reviews or assessments on the subject property? Answer: A Phase 1 Site assessment has been ordered but is not yet available. 3) Do you have any master plans or completed any community outreach regarding the redevelopment of the property? Answer: No plans or community outreach has been conducted yet. 4) Why aren’t you using the Fort Collins Housing Authority as the developer for this project site? Answer: The RFP process is designed to solicit proposals from all qualified development teams, with the goal of choosing the best team for this project. The Fort Collins Housing Authority is welcome to submit a proposal for this RFP if they so desire. 5) Who is on the Evaluation Committee? Answer: The names of those on the RFP team are confidential. The team members are chosen from members of City staff whose expertise relates to this particular project. 6) When do you expect the developer for this project to be selected? Answer: We hope to have a partner selected in January 2016. Addendum 1 – 8189 Horsetooth Land Bank Developer Page 3 of 9 EXHIBIT 2 – HORSETOOTH SURVEY Addendum 1 – 8189 Horsetooth Land Bank Developer Page 4 of 9 EXHIBIT 3 – NEGOTIATING AGREEMENT EXCLUSIVE NEGOTIATING AGREEMENT FOR DEVELOPMENT OF PROPERTY AT 1506 WEST HORSETOOTH ROAD THIS AGREEMENT is between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”) and ___________________________ (“Developer”), and is dated the ___ day of ____________, 2016. RECITALS A. The City is the owner of a parcel of land located at 1506 West Horsetooth Road, Fort Collins, Larimer County, Colorado (the “Property”). B. The Property was purchased as part of the City’s Affordable Housing Land Bank Program, pursuant to Ordinance No. 48, 2001, and the City wishes to facilitate the development of the Property as an affordable housing community. C. The City conducted a Request for Proposal (RFP) process to identify a development team qualified to deliver a completed project that meets the City’s goals and all applicable requirements. D. Developer was selected through the RFP process to enter into this Agreement for the above purposes. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Developer shall conduct a market analysis/feasibility study for the development of the Property in accordance with applicable City Code requirements and the RFP and shall present the same to the City for its consideration on or before [DATE]. Upon receipt of the market analysis/feasibility study, the City shall consider the study, discuss with Developer and determine whether or not to move forward with a design for the development of the Property. The City's determination shall be made within ten (10) working days of receipt of the market analysis from Developer, and shall be at the City's sole discretion. 2. If the City decides to move forward with the project, the Developer shall prepare conceptual designs for the development of the Property, including site plans, elevations, and a scale massing model, but not including detailed engineering drawings. These designs shall be completed within forty-five (45) days of the City’s decision to move forward into the design stage and, upon completion, shall be submitted to the City for its review. 3. Upon receipt of the designs from the Developer, the City shall conduct a conceptual review, discuss the design details with the Developer, and within ten (10) working days of conceptual review shall decide whether or not to move forward with the project beyond the design stage. Such determination shall be at the City’s reasonable discretion. 4. If the City decides to move beyond the design stage, Developer shall prepare all plans and submittals necessary to present a complete Project Development Plan (PDP) to the City’s Planning Department for development review. Developer shall make all necessary Addendum 1 – 8189 Horsetooth Land Bank Developer Page 5 of 9 submittals for development review within sixty (60) days of the City’s design approval. Developer shall then diligently pursue development approval of the project to completion. Developer is responsible for all development applications and for paying all related fees as a part of the development review process and no fees shall be waived by the City unless such waiver is authorized by City Code. The City shall cooperate with Developer in its pursuit of any necessary governmental approvals and permits, including without limitation, the granting of easements and encroachment permits necessary for the completion of the development, provided that Developer complies with all related governmental, legislative and administrative requirements. 5. If during the course of the market analysis, design and development review processes the City in its reasonable discretion determines that any aspect of Developer’s market analysis, designs or development plan for the Property is unacceptable, the City shall provide Developer with written notice and an itemized list or description of such unacceptable items or conditions. Upon receipt of such notice, Developer shall diligently pursue correction of such items in an expeditious manner. 6. The City agrees that during the course of market analysis, design and development review, the City will not negotiate with any other developer, person or entity for the sale or development of the Property, as the parties intend that Developer shall have the exclusive right to work toward the acquisition and development of the Property during these stages. 7. All drawings, plans, specifications, schematic designs, site plans, elevations, scale models, engineering drawings, studies, feasibility reports, assessments, marketing and trending research, marketing techniques, pricing policies, financial information, sales processes, bidding processes, costs, profits, sales, markets, patents, intellectual property, trademarks, service marks, patent applications, development plans and all other data delivered in any form including, but not limited to, writings, drawings, surveys, architectural renderings, graphs, charts, photographs, sound recordings, discs, and data compilations in whatever form recorded or stored shall be and remain at all times the sole property of Developer, although such records, if maintained or kept by the City, may be subject to disclosure under the Colorado Open Records Act, Section 24-72-200.1 et seq. C.R.S. 8. If the development application results in the approval of a PDP, then the City and Developer shall promptly negotiate in good faith toward a mechanism for transferring ownership of the Property to Developer for subsequent development and marketing. Elements to be determined between the City and Developer as part of these negotiations include the purchase price, and any deed restrictions or future interests necessary to ensure that the Property will be developed and maintained in accordance with the City’s intended purposes. If the development application ultimately results in the denial of a PDP, or if the parties cannot reach agreement on the terms and conditions for transfer of the Property through good faith negotiation, then this Agreement will terminate. 9. It is expressly understood between the parties that any transfer of ownership of the Property must first be approved by the Council of the City of Fort Collins in accordance with Chapter 23, Article IV of the City Code, and that such approval is at the Council's sole discretion. If the City Council does not approve the transfer of the Property for the Project, then this Agreement will terminate. Addendum 1 – 8189 Horsetooth Land Bank Developer Page 6 of 9 10. Before the negotiations contemplated in Paragraph 8, Developer shall provide the City with information regarding any public funding sources (such as tax credits or federal, state or local affordable housing funds) that Developer anticipates will be forthcoming in the development of the Project. Developer shall also demonstrate Developer’s financial commitment to perform the Project to completion by proving to the City that it has a satisfactory financial reputation to obtain the necessary financing to construct the Project according to the approved Project Development Plan. 11. Developer is solely responsible for all expenses incurred in the performance of this Agreement, including but not limited to preparing the market analysis/feasibility study and the designs, any environmental reviews, vibration studies, noise analyses, etc., and/or costs incurred in the development review process. The City shall have no obligation to reimburse, share in or support Developer in covering any costs incurred by it as may be necessary to perform its obligations under this Agreement. Further, the City shall have no obligation to reimburse, share in, or assist Developer in covering any costs incurred by Developer under this Agreement if: (1) the PDP is denied; (2) the parties fail to reach agreement on the terms and conditions for transfer of the Property; (3) the City Council does not approve the transfer of the Property; or (4) any other event or situation that results in the termination of this Agreement, except that if the Developer terminates the Agreement because of an uncured default by the City, the Developer does not waive its potential claims for damages. 12. Developer may terminate this Agreement, with or without cause, at any time, upon fifteen (15) days written notice to the City. The City may terminate this Agreement upon fifteen (15) days written notice to Developer, if Developer has failed to perform its obligations under this Agreement in a timely, professional, comprehensive and workmanlike manner, and has not corrected such failure upon notice and a reasonable opportunity to cure. Any costs incurred by either party in performance of this Agreement shall be the obligation of such party upon termination. 13. All notices provided under this Agreement shall be effective when mailed or sent by overnight commercial courier, postage prepaid and sent to the following addresses: If to the City: City Manager City of Fort Collins 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 With a copy to: City Attorney City of Fort Collins 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 If to Developer: Addendum 1 – 8189 Horsetooth Land Bank Developer Page 7 of 9 14. Developer, its agents, employees, contractors and representatives may enter upon the Property at any time for the purpose of surveying, testing or conducting any other reasonable activity thereon in pursuance of performing its duties under this Agreement. Developer shall not disturb any tenants on the Property without first coordinating with the City’s Real Estate Services Department. 15. Developer shall indemnify, save and hold harmless the City, its officers and employees, from all damages whatsoever claimed by third parties against the City and arising from Developer’s acts or omissions relating to its activities on the Property and the development of the Property; and for the City’s costs and reasonable attorney’s fees, arising directly or indirectly out of Developer’s negligent performance of any of the work under to this Agreement. Developer shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence. The City shall be responsible for its own negligence and that of its officers and employees. Nothing herein shall be construed as a waiver of the provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. 16. The parties expect that there may be unforeseen delays and complications that will arise during the course of performance of this Agreement and, accordingly, they agree to reasonably consider requests for extensions of the deadlines as set out in this Agreement, as long as the requesting party is diligently and conscientiously pursuing its obligations under this Agreement. Any such agreed upon extension shall be set out in writing signed by the parties. 17. Obligations of the City in subsequent fiscal years are subject to the appropriation of funds sufficient and intended for such purposes by the Fort Collins City Council in its discretion. 18. If either party fails to perform according to the terms of this Agreement, such party may be declared in default. The non-defaulting party may give written notice specifying such default to the defaulting party, and shall allow the defaulting party a period of thirty (30) days within which to cure the default. If the event the default is not corrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or in equity. 19. If either of the parties defaults in any of its covenants or obligations under this Agreement and the party not in default commences and prevails in any legal or equitable action against the substantially defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of said litigation, including a reasonable sum for legal fees including attorneys' fees reasonably incurred. 20. The laws of the State of Colorado and related rules and regulations shall govern the interpretation, execution, and enforcement of this Agreement. The state and federal courts for the State of Colorado shall have exclusive jurisdiction over any and all controversies or claims arising out of or relating to this Agreement or the breach thereof. 21. Nothing in this Agreement shall imply any partnership, joint venture, or other association between Developer and the City. The Developer shall have sole responsibility for the content and the conduct of its activities. Neither the Developer nor the City’s shall use the other’s name or logo to suggest co-sponsorship or endorsement of any activity without the other’s prior written approval. Addendum 1 – 8189 Horsetooth Land Bank Developer Page 8 of 9 22. This Agreement constitutes the entire understandings of the parties with regard to the subject matter hereof and may be amended only by written amendment of the parties. This Agreement shall be binding upon the parties, their successors, representatives and assigns. Neither party may assign it’s rights or obligations under this Agreement without the prior written consent of the other, and any such assignment without the necessary consent shall be null and void and of no effect. This Agreement shall be construed as though drafted mutually by both parties. 23. This Agreement is entered into by and between the City and the Developer, and except as provided herein, is solely for the benefit of the parties and their respective successors in interest and assigns and does not create rights or responsibilities in any third-parties. 24. The provisions of this Agreement that, by their sense and context, are intended to survive performance by either or both parties also survive the completion, expiration, termination or cancellation of this Agreement. [Signatures on following page.] Addendum 1 – 8189 Horsetooth Land Bank Developer Page 9 of 9 This Agreement is executed by the parties as of the day and year first written above. CITY OF FORT COLLINS, COLORADO A municipal corporation By: _______________________________ Darin A. Atteberry, City Manager ATTEST: ______________________ City Clerk APPROVED AS TO FORM _______________________ Senior Assistant City Attorney [DEVELOPER] By: ____________________________ (name, title) ATTEST: __________________________ Corporate Secretary