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HomeMy WebLinkAboutRFP - 8783 LAND BANK DEVELOPER AT 3620 EAST KECHTER ROADRFP 8783 Land Bank Developer at 3620 East Kechter Road REQUEST FOR PROPOSAL 8783 LAND BANK DEVELOPER AT 3620 EAST KECHTER ROAD The City of Fort Collins is requesting proposals from qualified firms to provide Affordable Housing Development and Construction Services at 3620 East Kechter Road in Fort Collins. . As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), September 12, 2018 and referenced as Proposal No. 8783. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, preferably in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com, with a copy to Project Manager, Sue Beck-Ferkiss at sbeckferkiss@fcgov.com, no later than 5:00 PM MST (our clock) on August 24, 2018. Please format your e-mail to include: RFP 8783 Land Bank Developer in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Public Viewing Copy: The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and denote the information as “proprietary” or “confidential”. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and 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 RFP 8783 Land Bank Developer at 3620 East Kechter Road individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8783 Land Bank Developer at 3620 East Kechter Road RFP 8783 Land Bank Developer at 3620 East Kechter Road I. Background: The City of Fort Collins is issuing a Request for Proposals from qualified development teams to provide Affordable Housing Development and Construction Services. The City of Fort Collins is the owner of the property at 3620 East Kechter Road, Fort Collins Colorado 80525. The property was purchased as part of the City’s Land Bank Program. The parcel is 5 acres. It is zoned low density mixed-use neighborhood (LMN). While density is limited in this zone, a density bonus is available for affordable housing. The City is seeking a development partner to convey this land to for the purpose of building affordable housing consistent with the terms of the Article XIII of City Code – Land Banking. (Attached hereto). Also available are 2014 and 2018 appraisals of this parcel and the 2015 Land Bank Disposition Study on www.fcgov.com/socialsustainability ). The development project sought is for Home Ownership housing targeting households making no more than 80% area median income (AMI). Because this is a Land Bank parcel, the homes built must be affordable in perpetuity. The City is seeking a development partner. Once chosen, next steps are: 1. Enter into an exclusive Negotiating Agreement 2. Negotiate a conditional Purchase and Sales Agreement 3. Start and complete the City’s development review process for the proposed community 4. Finalize the purchase and sale 5. Work together to monitor the long-term affordability aspect of the community. The City will evaluate submitting development teams based on: • interest level, • qualifications and • capacity to deliver this project. The City’s intent is to identify a team that is qualified to engage in this project without involving teams in a laborious and expensive design process. After an evaluation process, the chosen development team will enter into an exclusive negotiating agreement with the City. A proposed format for the exclusive negotiating agreement is attached to this RFP. As part of the exclusive negotiating agreement, the chosen team and the City will negotiate the terms and conditions under which the team will purchase and develop the property according to agreed upon plans and established requirements. Expectations will be further defined during the term of the negotiating agreement and the team will provide a market analysis, a conceptual design for the project and proposed financial arrangements. Pending successful negotiations with the City, the parties will enter into a conditional purchase and sale agreement for the property, and the team will design and construct the components of the project in accordance with the agreed development objectives, Land Use Code provisions and other benchmarks. A period of due diligence can be detailed in the Negotiating Agreement. The ultimate outcome of this RFP process is a built home ownership affordable housing community on the 5-acre land bank parcel. RFP 8783 Land Bank Developer at 3620 East Kechter Road Potential funding options for the project include the City’s Spring Competitive process and other potential grant sources. The development must comply with the City of Fort Collins’ City Code including any necessary zoning changes to the property, City Plan, the Land Bank Program criteria and the 2015-2019 Affordable Housing Strategic Plan as well as applicable City, County and State affordable housing development criteria. II. Project Deliverables and tasks: 1. Reviewing all applicable land use documents and studies prepared for the Land Bank Program including but not limited to Fort Collins City Code, Fort Collins Land Use Code, and Fort Collins Land Bank Property Disposition Study; 2. Designing a healthy housing development using up to the maximum Area Median Income (AMI) percentages permissible for the Land Bank Program (80% AMI) and maximizing density, if possible. This must include strategies for keeping the community affordable in perpetuity; 3. Planning for public outreach and ways to involve neighbors in development process; 4. Providing a detailed estimated project schedule highlighting the critical path and milestones; 5. Providing a preliminary cost analysis and identifying possible funding sources to develop each option considered with proposed sales price, or range of proposed prices to purchase the Land Bank parcel; 6. Team supervision: All due diligence work shall be performed under the direction and supervision of a Licensed Professional registered with the Colorado State Board of Registration (DORA). III. Project Requirements: 1. Upon successful negotiation with the City, the development team will design, build, sell, and manage ongoing affordability of a residential community to be built on the Land Bank parcel. 2. The development must comply with the requirements of the Land Bank program. 3. The community must be solely residential. 4. The community must provide homeownership housing for households at or below eighty percent (80%) of AMI. No market rate housing shall be included in this community. RFP 8783 Land Bank Developer at 3620 East Kechter Road 5. Upon acquisition of the property, the team shall commence development of all housing within twenty-four (24) months of acquisition and shall obtain building permits for the construction of all housing units within forty-eight (48) months of acquisition of the property. (The City Manager can approve extensions of these time frames only upon a finding of “good faith and diligent efforts”). 6. The community must stay affordable in perpetuity. 7. Upon selection by the City the development team will perform or supply all necessary products and services as needed with regards to funding applications, surveying, research, public outreach, analysis, design, geotechnical investigation, specification preparation, exhibits and sketches, environmental permitting, utility coordination, storm water modeling, right-of-way services, public process and other associated development work; 8. Price for land: The parcel shall be sold at no more than ninety percent (90%) of its full fair market value as determined by the City. If possible, teams shall include in their proposal a sales price offer or range that will work for their community and is less than 90% of the fair market value. The City does not need to take the highest offer, but is looking for the strongest development plan. Notwithstanding this, the City would like to receive enough compensation from this sale to contribute to the purchase of a new land bank parcel. IV. Minimum Qualifications: 1. The development team may be either a for-profit or a non-profit entity. The team must be a proven development entity; must demonstrate professional affordable housing development experience; must have experience successfully funding affordable housing developments; must have public outreach experience; must prove ability to undertake development projects of this size, type, complexity and uniqueness in process and scope; and must display ability to obtain sufficient financing. 2. The team can either be an established design/build firm or a partnership between a developer, licensed architect and licensed contractor. 3. Lead teams shall specialize in Affordable Housing Development and Construction. V. Proposal Format: Please limit the total length of your proposal to a maximum of twenty-five double sided or fifty single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” RFP 8783 Land Bank Developer at 3620 East Kechter Road x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. VI. Proposal Submittal: For this section, Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Providers include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the proposal offered, including a general description of the proposal and any unique aspects or benefits provided by your team. B. Provider Information For each entity in your proposed Team, provide the following information: 1. Describe the Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section VIII, Provider Statement and submit with your proposal. C. Scope of Proposal 1. Provide a detailed narrative in your proposal to include how you propose to achieve the Project Deliverables, Tasks, and Project Requirements listed above. Describe the anticipated interaction with the City. 2. In your proposal you are to describe how your team meets or exceeds the Minimum Requirements: a. How your team is a proven development entity. RFP 8783 Land Bank Developer at 3620 East Kechter Road b. Your team’s professional affordable housing development experience. c. Your team’s success in funding affordable housing developments. d. Your team’s experience in public outreach. e. Your’ team’s ability to undertake development projects of this size, type, complexity and uniqueness in process and scope. f. Your team’s ability to obtain sufficient financing. 3. Describe how you plan to keep the homes affordable in perpetuity. Include your long- term plan for monitoring to ensure affordability in perpetuity. If you are considering partnering with a Community Land Trust to keep the development affordable in perpetuity, do you have a specific trust in mind, and why? 4. Identify what portion of the services provided, if any, may be subcontracted. D. Team Capability Provide relevant information regarding previous experience related to this or similar services, to include the following: 1. References (current contact name, current telephone number and email address) from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. Provide a description of the partnership. The Provider authorizes City to verify any and all information contained in the Provider’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. Provide an organization chart containing the names, titles, qualifications and experience of the specific, lead staff members and sub consultants proposed to perform the services described above. Specific areas of responsibility for this project shall be provided in this section. 2. A resume for each person assigned to the project, including partners and/or sub consultants, shall be submitted. Please limit resumes to one page. F. Availability 1. Provide an outline of the schedule for completing tasks related to the project. 2. Can the work be completed in the necessary timeframe, with target start and completion dates met? 3. Are other qualified personnel available to assist in meeting the schedule if required? 4. Are you available for an on-site interview in Fort Collins the week of October 8, 2018 in the event you are invited for an oral interview round? 5. Describe the availability of the team members to manage the project in the context of the team’s other commitments. RFP 8783 Land Bank Developer at 3620 East Kechter Road G. Motivation Briefly describe why your team wants to take on this project. What interests and motivates you about this project? Is your team capable of completing the project within the required time frame? H. Sustainability Briefly describe what sustainability features you plan to incorporate into your proposed development. Will you use the City’s Integrated Design Assistance program? How do your team members incorporate sustainability thinking into their business culture and projects? I. Proposed Price for Land What is the Proposed Price or range of pricing you are prepared to pay the City for the land parcel? How did you arrive at this Proposed Price? J. Additional Information Provide any information that distinguishes your team from its competition and any additional information applicable to this RFP that might be valuable in assessing your team’s proposal. Explain any concerns your team may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. COMMODITY CODES USED FOR THIS RFP: 918-63 Housing Consulting 906-57 Land Development and Planning – Architectural 909-57 Land Development and Sub-Division Services 918-27 Community Development Consulting 925-61 Land Development and Planning/Engineering Contract Process A. The selected team shall be expected to negotiate in good faith with the City of Fort Collins in order to reach an Agreement within thirty days of notice of award. A proposed format for the exclusive negotiating agreement is attached to this RFP as an example. B. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. C. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8783 Land Bank Developer at 3620 East Kechter Road VII. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and any optional interview session. At the discretion of the City, interviews of the top-rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the team interested and are they capable of doing the work in the required time frame? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line (economic, social and environmental) methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 1.0 Proposed Price Is the Proposed Price or range of pricing reasonable to the City? Is it adequate to contribute to the purchase of a new land bank parcel? 2.0 Team Capability Does the proposed team have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Has the team successfully completed previous projects of this type and scope? RFP 8783 Land Bank Developer at 3620 East Kechter Road Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8783 Land Bank Developer at 3620 East Kechter Road VIII. Provider statement Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Provider’s knowledge and belief. b. Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Provider further agrees that the method of award is acceptable. e. Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Provider acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: PROVIDER STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8783 Land Bank Developer at 3620 East Kechter Road IX. SAMPLE AGREEMENT EXCLUSIVE NEGOTIATING AGREEMENT FOR DEVELOPMENT OF PROPERTY AT 3620 EAST KECHTER ROAD THIS AGREEMENT is between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”) and ___________________________ (“Developer”), and is dated the ___ day of ____________, 2018. RECITALS A. The City is the owner of a parcel of land located at 3620 East Kechter 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 home-ownership 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 plan 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. RFP 8783 Land Bank Developer at 3620 East Kechter Road 3. The City agrees that during the course of market analysis and conceptual design, 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. 4. 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. 5. If the City decides to move beyond the design stage, then the City and Developer shall promptly negotiate in good faith a Purchase and Sale Agreement for transferring ownership of the Property to Developer for subsequent development and marketing. As part of such negotiations 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. Elements to be determined between the City and Developer as part of these negotiations include the purchase price, any contingencies, 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 including but not limited to affordability in perpetuity. 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 such approval is at the Council's sole discretion. If the parties cannot reach agreement on the terms and conditions for transfer of the Property through good faith negotiation, or if the City Council does not approve the transfer of the Property for the Project, then this Agreement will terminate. 6. Once the parties have agreed on the transfer of ownership of the Property 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 submittals for development review within sixty (60) days of execution of a Purchase and Sale Agreement. 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. 7. 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. RFP 8783 Land Bank Developer at 3620 East Kechter Road 8. 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. 9. If the development application ultimately results in the denial of a PDP then this Agreement will terminate. 10. The City’s obligation to convey the Property to Developer shall be contingent on Developer demonstrating 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. Upon termination of this Agreement for default or otherwise, both parties shall be released from their obligations hereunder, and the City may pursue other options for development of the Property. 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: RFP 8783 Land Bank Developer at 3620 East Kechter Road 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: 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. RFP 8783 Land Bank Developer at 3620 East Kechter Road 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. 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.] RFP 8783 Land Bank Developer at 3620 East Kechter Road 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 (print name) ____________ APPROVED AS TO FORM _______________________ Senior Assistant City Attorney (print name) _______________ [DEVELOPER] By: ____________________________ (name, title) ATTEST: __________________________ Corporate Secretary RFP 8783 Land Bank Developer at 3620 East Kechter Road APPENDIX A: City of Fort Collins Municipal Code ARTICLE XIII. - LAND BANKING Sec. 23-350. - Purpose. The purpose of this Article is to enable the City to acquire, hold and sell real property to assist housing providers (whether publicly affiliated, philanthropic or profit-motivated) in providing affordable rental and homeownership housing. This Article will assist the City in providing land that developers can feasibly purchase for affordable housing; will help to ensure that appropriate sites are available in the future for the development of such housing; will assist in the early identification of sites for affordable housing development so that adjacent property owners will be aware of the plans for such sites; and will systematically secure affordable housing sites so that such developments can be dispersed throughout the community by strategically selecting sites for affordable housing projects in desirable locations. (Ord. No. 48, 2001, 4-17-01; Ord. No. 037, 2018 , § 2, 3-6-18) Sec. 23-351. - Authority. The City Manager is authorized on behalf of the City to acquire land for the purposes set forth in § 23-350 and to perform all acts necessary to effectuate the acquisition of such land, provided that funds have first been appropriated by the City Council for said purpose and that such acquisitions comply with the criteria for acquisition as set out in § 23-352. (Ord. No. 48, 2001, 4-17-01) Sec. 23-352. - Criteria. The City Manager shall acquire land under the authority granted in § 23-351 only if the acquisition complies with the following criteria: (1) The land is acquired from a willing seller (without the threat of condemnation). (2) The cost of acquiring the land does not, in the opinion of the City Manager, exceed the fair market value thereof. (3) Either at the time of acquisition the land is, or in the judgment of the City Manager the land within ten (10) years likely will be, within one-half (½) mile of at least three (3) of the following five (5) existing or planned facilities: a. City bus or other public transit route; b. Public/charter school; c. Park, as designated and posted by the City; d. Employment, industrial, campus or downtown district as shown on the City's Structure Plan Map; and e. Commercial center, such as a shopping center or other retail development. (4) The land is located within the Fort Collins Growth Management Area. (Ord. No. 48, 2001, 4-17-01; Ord. No. 037, 2018 , § 3, 3-6-18) RFP 8783 Land Bank Developer at 3620 East Kechter Road Sec. 23-353. - Funding. The acquisition of land pursuant to this Article shall be funded from the Affordable Housing Fund, the General Fund, or other available funding source. (Ord. No. 48, 2001, 4-17-01; Ord. No. 037, 2018 , § 4, 3-6-18) Sec. 23-354. - Disposition of land bank property. In addition to the criteria established for the disposition of property in Article IV of this Chapter, no property or portion of a property acquired pursuant to this Article shall be sold by the City except in accordance with the following criteria: (1) Any disposition/sale of such property shall be to a housing provider legally bound to the City under the terms of such sale to provide, as the sole development purpose, "affordable housing", to be defined in accordance with stated objectives from the City's Affordable Housing Strategic Plan, and with the following restrictions: a. Rental housing shall be restricted to households at or below sixty (60) percent of AMI. b. Homeownership housing shall be restricted to households at or below eighty (80) percent of AMI. Such sale shall not be made to any person for land speculation or appreciation, for the development of market rate housing, or for the development of nonresidential unless the City requests that the development include specific non-residential, secondary supportive uses. (2) Notwithstanding the requirements of subsection (1) above, the City may sell or trade property acquired pursuant to this Article for purposes other than affordable housing if the City Council, in its sole discretion, determines that the property is no longer appropriate for the land bank program because: a. an affordable housing project on the property is not supported by a market study obtained by the City; b. at least three (3) of the facilities described in Section 23-352(3) do not exist within ten (10) years of acquisition of the property; c. the City has not received a satisfactory response to a request for proposals to develop the property; or d. the property is too difficult or costly to develop as affordable housing due to the size, location, physical condition or other limitations on the property. (3) Upon acquisition of the property from the City, the housing provider shall commence development of all housing within twenty-four (24) months of having acquired the land and shall obtain building permits for the construction of all such housing units within forty-eight (48) months of acquisition of the property. If all such building permits have not been obtained by the housing provider within the aforesaid periods of time, then title to that portion of the property for which building permits have not been issued shall revert to the City, provided that the City shall first give notice to the housing provider and any lenders of record of any violation of this requirement and allow a period of not less than sixty (60) days to cure the violation. Said possibility of reverter shall be contained in any deeds conveying said land to such housing provider. Any extension of the aforesaid periods of time shall be valid only if approved by the City Manager upon finding that the housing provider has exerted a good faith and diligent effort in pursuing the development but has suffered delays caused by unforeseen circumstances not reasonably within the control of the housing provider. (4) If any property sold by the City for affordable housing under the authority of this Section is subsequently resold by the original housing provider, the purchaser and any subsequent owners of such property must continue to use such property for affordable housing. If said property is ever not so used, then the City may re-enter and recover title to all such property, provided that RFP 8783 Land Bank Developer at 3620 East Kechter Road the City shall first give notice to the record owner of the property and any lenders of record of any violation of this requirement and allow a period of not less than sixty (60) days to cure the violation. The deed conveying the property from the City to such housing provider shall contain such right of entry for condition broken, which provision shall run with the title to the property. (5) All land conveyed to a housing provider by the City pursuant to this Article shall be sold to such housing provider at no more than ninety (90) percent of its fair market value as determined by the City. Land sold out of the land bank program pursuant to subsection (2) above shall not be subject to this requirement. (Ord. No. 48, 2001, 4-17-01; Ord. No. 034, 2016, § 2, 4-5-16 ; Ord. No. 037, 2018 , § 5, 3-6-18) Sec. 23-355. - Proceeds of sale. All proceeds of any sale of land in accordance with § 23-354 shall be used for additional land acquisitions in accordance with this Article. (Ord. No. 48, 2001, 4-17-01; Ord. No. 037, 2018 , § 6, 3-6-18) Secs. 23-356—23-379. - Reserved.