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HomeMy WebLinkAboutItem 09 Ocoee Crown Point PUD RFP # 06-001 AGENDA ITEM COVER SHEET Contact Name: Contact Number: Russ Wagner, AICP (407) 905-3157 Meeting Date: December 6, 2005 Item # --.Q Reviewed By: Department Director: City Manager: ~~: Subject: Ocoee Crown Point PUD RFP # 06-001 Background Summary: Prior to the acquisition of the Crown Point PUD property from the Coca-Cola Company, an extensive due diligence and market feasibility study was undertaken to ensure the financial viability of the project. Since most of the property was intended to be utilized for public purposes (high school, elementary school, community park, fire station, safety training area, work force education, and bus parking area) it was imperative that the plans include a strategy that would help the City pay for acquisition and infrastructure costs. The attached RFP solicits proposals from private developers who will purchase, design, and construct a single-family residential project on the 75 acre tract earmarked for that purpose within the Ocoee Crown Point PUD. The City anticipates that a minimum of 250 residential lots may be developed on the site. The RFP is designed to maximize the return to the City by making the sale based upon the actual number of lots to be developed subject to a minimum purchase price. Staff expects that the sale of this property will, at a minimum, payoff all City acquisition costs, professional fees, and infrastructure costs associated with the project up to this point. Issue: Should the Mayor and City Commissioners authorize staff to advertise a Request for Proposal for the sale of residential land within the Ocoee Crown Point PUD? Recommendations Staff respectfully recommends that the Mayor and City Commissioners authorize staff to advertise the attached Request for Proposal for sale of residential land within the Ocoee Crown Point PUD and further direct the City Manager to review all proposals and recommend three or more development teams for final consideration by the City Commission. Attachments: City of Ocoee RFP # 06-001 Financial Impact: Unknown Type of Item: (please mark with an "x'? Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval -r Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney 11/10/05 Reviewed by Finance Dept. Reviewed by N/A N/A N/A 2 Mayor S. Scott VandereTift Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 City Manager Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director ~/ , DATE: November 7, 2005 RE: Ocoee Crown Point PUD RFP # 06-001 ISSUE: Should the Mayor and City Commissioners authorize staff to advertise a Request for Proposal for the sale of residential land within the Ocoee Crown Point PUD? BACKGROUND: Prior to the acquisition of the Crown Point PUD property from the Coca-Cola Company, an extensive due diligence and market feasibility study was undertaken to ensure the financial viability of the project. Since most of the property was intended to be utilized for public purposes (high school, elementary school, community park, fire station, safety training area, work force education, and bus parking area) it was imperative that the plans include a strategy that would help the City pay for acquisition and infrastructure costs. The sale of various parcels to private developers was determined to be the easiest method to realize recoupment of the costs and minimize financial impacts to the City. These future development parcels included residential land near Lake Apopka, an Urban Village Center across the street from the High School, two additional commercial parcels at the intersection of Ocoee-Apopka Road and Fullers Cross Road as well as a waterfront village area including a small marina on Lake Apopka. In furtherance of this goal, the City subsequently purchased an additional 36 acre parcel (Poer Property) adjoining the existing residential lands to improve marketability and to help further improve the economic viability of the overall PUD project. DISCUSSION: The attached RFP solicits proposals from private developers who will purchase, design, and construct a single- family residential project on the 75 acre tract earmarked for that purpose within the Ocoee Crown Point PUD. The City anticipates that a minimum of 250 residential lots may be developed on the site. The RFP is designed to maximize the return to the City by making the sale based upon the actual number of lots to be developed subject to a minimum purchase price. Staff expects that the sale of this property will, at a minimum, payoff all City acquisition costs, professional fees, and infrastructure costs associated with the project up to this point. 1 In preparing the RFP, the staff reviewed similar solicitations undertaken by other governmental entities. The final product has been reviewed by the Planning and Engineering Departments, the City Manager, Finance and the City Attorney, as well as VHB, the City's outside engineer for the project. The Notice of Request for Proposals will be advertised in the Orlando Sentinel. It was also be mailed to a list of companies that have contacted the City expressing interest in the project, as well as other developers and homebuilders who may be attracted to the proposed project. The Notice will also be send to the HBA. Some of the more salient points of the proposed RFP are summarized below: . The selection of the most respondent proposal will not be based solely upon the highest cash offer, but will also consider the character of the proposed development including the amenity package, housing design, anticipated tax base, and financial integrity of the development team. . Each respondent must commit to a minimum purchase price and also be bound to a higher price on a per lot basis if more than 250 lots are approved as part of the final subdivision plan. No brokerage fees will be paid by the City. . A mandatory pre-application conference will be held. Only respondents attending this meeting will be eligible to submit a proposal. . The RFP requires each respondent to bid on the same package of project requirements to ensure uniformity; however, there are provisions which allow each respondent to propose other development scenarios to maximize the potential of the property. . At a minimum, the RFP requires the selected respondent to final engineer and plat the site, (along with the elementary school and park site), extend all necessary utilities, build all internal roads, construct all stormwater management facilities, construct the bike path along the wetlands adjoining Lake Apopka, construct the park loop road and place a community center building within the public park. . All development must conform to the PUD design standards and utilize the Traditional Neighborhood Design character of development which is similar to that used in Celebration, Baldwin Park, Avalon Park, and the new Oakland Park. . The RFP provides that the City may elect to negotiate the sale of additional lands within the Ocoee Crown Point PUD to the selected respondent without seeking further competitive proposals. . The RFP dictates that all respondents restrict communication with staff and City Commissioners to ensure that no undue influence can be exerted and to be sure that the selection is done in the most objective manner. A respondent may be disqualified for violation of this restriction. . The City Manager and his staff will review all proposals in whatever manner is deemed most efficient and shortlist at least five respondents for interviews and further discussions with staff. A numerical scoring system will not be used. The City Manager will recommend at least three finalists to the City Commission for their consideration. The recommendation will include a proposed ranking order. 2 . The City Commission will make the final decision regarding the ranking of the respondents. The City Commission may decide to receive public presentations from the respondents shortlisted by the City Manager. The City Commission will not be bound by the City Manager's rankings. . The timetable for the RFP process anticipates that a contract for sale may be finalized with the top-ranked developer by mid 2006. It is anticipated that closing will occur no later than December 1, 2006. . After the contract for sale has been finalized, the City Commission will hold a public hearing to approve the contract. STAFF RECOMMENDATIONS: Staff respectfully recommends that the Mayor and City Commissioners authorize staff to advertise the attached Request for Proposal for sale of residential land within the Ocoee Crown Point PUD and further direct the City Manager to review all proposals and recommend three or more development teams for final consideration by the City Commission. ATTACHMENTS: City of Ocoee RFP # 06-001 O:\Staff Reports\2005\SR05056 _RBW _ OcoeeCrownPointPUD _RFP _ CC.doc 3 CITY OF OCOEE RFP. # 06-001 NOTICE OF REQUEST FOR PROPOSAL AND MANDATORY PRE-PROPOSAL CONFERENCE OCOEE CROWN POINT PUD RESIDENTIAL DEVELOPMENT OPPORTUNITY The City of Ocoee, Florida is seeking a highly qualified development team to purchase, design, permit, develop, and construct a single-family residential project on a 75-acre tract owned by the City of Ocoee within the Ocoee Crown Point PUD. This site is located immediately west of the new Ocoee High School on Ocoee Crown Point Parkway, overlooking Lake Apopka, near Fullers Cross Road and Ocoee-Apopka Road. Development entitlements are in place on the property for up to 4.5 dwelling units/net acre, yielding a minimum of 250 single family residential lots. This parcel has quick access to the Western Expressway and adjoins an extensive wetland conservation area, and lands zoned for a future 13.5 acre elementary school site, a 30-acre public park site and a 10-acre waterfront village area with access to Lake Apopka. All acreages are approximate and subject to survey. The City seeks a dynamic and imaginative project utilizing the principles of Traditional Neighborhood Design which complements the development standards established for the Ocoee Crown Point PUD project. Prospective respondents must attend a Mandatory Pre-Proposal Conference scheduled for Thursday, January 12, 2006 at 9:00 AM at the Ocoee City Hall Commission Chambers, 150 N. Lakeshore Drive, Ocoee, FL 34761 to be considered for selection. The purpose of this conference is to review the RFP proposal package which describes the property in detail and outlines the development standards which will apply to all proposals. Additionally, City Staff will be available to answer questions at this meeting regarding the project and, later, meet on site for a tour of the property. A four-wheel drive vehicle, to be provided by each respondent, is recommended for the site inspection since access is limited to logging roads. Prospective respondents must register at the Finance/Purchasing Department at Ocoee City Hall. A non-refundable fee of $50.00 will be collected from each prospective respondent at the time of registration to cover administrative costs incurred by the City. Each registered respondent will receive the Terms and Conditions of the RFP at the time of registration. Registered respondents will be able to obtain the complete RFP Packet from a third party provider to be identified by the City and will be responsible to directly pay such provider for all reproduction costs. The RFP Packet will include due diligence information regarding the property as prepared by the City and its consultants, without any warranty or guarantee. All prospective respondents must be registered with the Finance/Purchasing Department prior to the Mandatory Pre-Proposal Conference. 11110/20050:\DEVELOPMENT REVIEW\Projects 2004\Ocoee Crown Point PUD\RFP\3 ]ageAd.doc Five sealed RFP Response Packets containing all materials as required in the RFP Packet Terms and Conditions are to be returned to the City no later than 2:00 PM local time, February 16, 2005. Proposals should be delivered to: City of Ocoee Finance Department Attn: Joyce Tolbert, Purchasing Agent Ocoee City Hall 150 N. Lakeshore Drive Ocoee, FL 34761 Any RFP Response Packets received after the cut-off date and time will not be accepted under any circumstances and will be returned unopened to the submitter. It is the sole responsibility of each respondent to see that their RFP Response Packet is in the hands of the City, stamped received and time-dated by personnel in the City Finance Department before the due date and time. No faxed, e-mailed, or electronic submissions will be accepted. Except for the City Purchasina Aaent. there is to be no communication. written or verbal. with any City Employee. Elected Official. Board Member. or City Representative durina the course of this solicitation other than at the Mandatory Pre-Proposal Conference. All Questions pertaining to the project following the Pre-Proposal Conference must be made in writing to Joyce Tolbert, the City's Purchasing Agent, at least five (5) business/working days prior to the proposal due date. She may be reached at 407-905- 3100, Extension 1516, by fax at 407-656-3501 or by email at itolbert@ci.ocoeeJl.us. Responses to these questions will be presented to all respondents prior to the proposal due date. It is the respondents' responsibility to be sure all information is correct and all forms filled out properly. At 2:01 PM local time on February 16, 2006, or as soon thereafter as practical, all RFP Response Packets will be publicly opened and base purchase prices to acquire the property will be read aloud. As outlined in the RFP, the proposed purchase price for the property will be only one of many determinants the City will use to select the most qualified respondent. The City Manager and designated staff will further analyze all submission packages and interview a limited number of respondents before recommending one or more development teams for final selection by the Mayor and City Commissioners. PRICES SHALL REMAIN FIRM FOR A PERIOD OF FIVE (5) MONTHS FROM DATE OF OPENING OF THE RESPONSES. This Request for Proposal constitutes an invitation to submit offers and qualifications and does not constitute an offer to sell any property. All sales are subject to acceptance and execution by the City Commission of a written contract to sell. The City reserves the right to accept or reject any or all proposals, in part or total, and to waive any minor informalities, as deemed in the best interest of the City. The City further reserves the right to negotiate modifications to any offer that it deems acceptable, to reject any or all offers, and to request further information or other terms on all offers, including the right to seek new offers on a greater or lesser amount of property located within the Ocoee Crown Point PUD. 11/10/20050:\DEVELOPMENT REVIEW\Projects 2004\Ocoee Crown Point PUD\RFP\3 ]ageAd.doc 2 The City also reserves the right to negotiate the sale of additional lands within the Ocoee Crown Point PUD to the selected respondent without seeking further competitive proposals. A company check, cashier's check or money order payable to the City of Ocoee in the amount of $10,000 must accompany the RFP Response Packet. The top ranked respondent should consider these funds to be the initial at risk deposit that will be cashed by the City following the ranking by the City Commission. The top ranked respondent will be required to make an additional at risk deposit in the amount of $100,000.00 as set forth in the RFP. If the top ranked respondent fails to execute a purchase contract with the City within the timeframes set forth in the RFP Packet or fails to deliver the additional deposits as set forth in the RFP, then the deposit submitted with the RFP Response Packet will be retained by the City and will not be refunded and such respondent will no longer have any right to purchase the property. In such event, the City may seek to negotiate a contract with the next ranked respondent, or reject all remaining proposals, subject to all the same rules as the first ranked respondent who failed to enter into a contract or deliver the additional deposits. This method will be followed until a purchase contract is executed and all deposits received or the City rejects the remaining proposals. Russell B. Wagner, AICP Community Development Director December 11, 2005 11/1 O/20050:\DEVELOPMENT REVIEw\Projects 2004\Ocoee Crown Point PUD\RFP\3 ]ageAd.doc 3 .. .. .. .. OCOEE CROWN POINT pun . . . . Request for Proposal RFP # 06-001 u..... ,.,.d-. , """.. ......... - '>JItUl H ~af~l.Ir.... ~ City of Ocoee, Florida .. .. .. .. CITY OF OCOEE RFP. # 06-001 OCOEE CROWN POINT PUD RFP PACKET - RESIDENTIAL DEVELOPMENT OPPORTUNITY PLEASE READ AND COMPLY WITH ALL INSTRUCTIONS CONTAINED HEREIN: TERMS AND CONDITIONS I. GENERAL PROJECT DESCRIPTION The Ocoee Crown Point PUD Project is located in the northwest quadrant of the City of Ocoee, Florida, a rapidly growing community of 30,000 residents located 10 miles west of Downtown Orlando. The City is well served by many area roadways including SR 50, the East-West Expressway (SR 408), the Florida Turnpike, the Western Expressway (SR 429) and Silver Star Road (SR 438). There have been many new community facilities built in recent years including Health Central Hospital, West Oaks Mall, West Oaks Library, two new elementary schools, a new middle school and the new Ocoee High School in addition to many new parks and civic facilities. The City has adopted higher quality development standards which has attracted the construction of many significant commercial and office uses to serve the ever-growing population of residents seeking a higher quality community in which to live. The City is seeking a highly qualified development team to purchase, design, permit, develop, and construct a single-family residential project on a 75-acre tract owned by the City of Ocoee within the Ocoee Crown Point PUD. This site is located immediately west of the new Ocoee High School on Ocoee Crown Point Parkway, overlooking Lake Apopka, near Fullers Cross Road and Ocoee-Apopka Road. Development entitlements are in place on the property for up to 4.5 dwelling units/net acre yielding a minimum of 250 lots. This parcel has quick access to the Western Expressway and adjoins an extensive wetland conservation area and lands zoned for a future 13.5 acre elementary school site, a 30-acre public park site and a lO-acre waterfront village area with access to Lake Apopka. All acreages are approximate and subject to survey. The City seeks a dynamic and imaginative project utilizing the principles of Traditional Neighborhood Design which complements the development standards established for the Ocoee Crown Point PUD project. II. OCOEE CROWN POINT PUD The Ocoee Crown Point PUD (see color concept site plan attached hereto as Exhibit "A") is envisioned to be a multi-use project combining an assortment of public uses with residential, office and commercial uses in a high quality Traditional Neighborhood Development environment. The project was initiated as a joint venture between the City of Ocoee and Orange County Public Schools. Prior to purchasing the 360-acre property, a feasibility study was conducted to ascertain the development potential of the property and to identify the best mix of future uses to benefit both parties. The centerpiece of the Ocoee Crown Point project is the new Ocoee High School which opened in August of 2005. This state-of-the-art, $55 million facility houses 3,000 students and is designed to complement the architecture of the surrounding development uses. OCPS also has 1 ORLA_383940.6 additional lands available to construct a new elementary school on site, a workforce education facility, a bus parking facility, as well as space for ancillary school uses. The City has zoned land for a 30-acre public park, a 10-acre waterfront village with access to Lake Apopka, a fire station site and a pubic-safety training site. The City also has land zoned for a mixed-use urban village site as well as two other potential commercial sites on Ocoee-Apopka Road. All acreages are approximate and subject to survey. No timeline has been established by the City for the marketing and sale of these other lands. After the original 360-acre site was acquired for the Ocoee Crown Point PUD, the City acquired an additional 36-acre site and amended the PUD to incorporate that area into the single-family development program. In addition to an extensive amount of wetlands along Lake Apopka which were acquired with the original parcel, the City has also purchased an additional 52.5 acres of wetlands to further protect the natural features of the site. These additional wetlands are not part of the PUD, but are adjacent to the proposed residential property. All of the preserves are owned by the City of Ocoee, and will be or are subject to conservation easements in favor of St. Johns River Water Management District and/or the U.S. Army Corps of Engineers. All of the lands to be conveyed to the developer will be outside of these conservation tracts. For more detailed information regarding the Ocoee Crown Point PUD, please see the following documents which are included in the RFP Packet: 1. Exhibit "A": Ocoee Crown Point PUD Color Concept Site Plan. 2. Exhibit "B": Ordinance No. 2003-34 establishing the zoning for the Ocoee Crown Point PUD and approving the PUD Land Use Plan. 3. Exhibit "C": Ordinance No. 2004-16 adding the "Poer Property" to the Ocoee Crown Point PUD and amending PUD Land Use Plan. 4. Exhibit "D": Declaration of Conditions of Approval (Ocoee Crown Point PUD) dated September 16, 2003 and recorded September 30, 2003 in Official Records Book 7127, Page 4804, as amended by First Amendment thereto recorded in Official Records Book 08215, Page 4805, and by Second Amendment thereto recorded in Official Records Book 08215, Page 4825, all of the Public Records of Orange County, Florida (the "Declaration"). 5. Exhibit "E": Ocoee Crown Point PUD Development Standards dated September 2002 (the "Development Standards"). 6. Exhibit "F": Plat of Ocoee Crown Point Phase I (the "Phase I Plat") as recorded in Plat Book 63, Page 24, Public Records of Orange County, Florida. 7. Exhibit "G": City ofOcoee Single Family Residential Impact Fee Schedule (as of November 1,2005) ("Impact Fee Schedule"). 8. Exhibit "H": Full Scale copy of Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as amended June 19, 2004 (the "PUD/PSP"). 2 ORLA_383940.6 Ordinance No. 2003-34, Ordinance No. 2004-16, the Declaration, the Development Standards, the Phase I Plat, the Impact Fee Schedule and the PUD/PSP are herein collectively referred to as the "PUD Documents". Each respondent must obtain a copy of all of the PUD Documents from the third party provider designated by the City. The RFP Packet also includes the following documents which have been obtained by the City in connection with the Ocoee Crown Point PUD: 1. Environmental Assessment Reports prepared by Law Engineering and Environmental Services, Inc., (for Ocoee Crown Point PUD excluding Poer Property) as follows: a. Report of Environmental Consulting Services - Fullers Crossing Site dated June 5, 2000. (Phase 1 ESA) b. Report of Limited Site Assessment Report - Fullers Crossing Maintenance and Refueling Facility Site dated November 10,2000. c. January 11,2001. Response to Comments: Former Irrigation Well Site dated d. February 8, 2002. Report of Supplemental Limited Soils Assessment dated 2. Phase II Environmental Site Report prepared by Professional Service Industries, Inc. dated September 8, 2000. 3. The EDR Radius Map for Poer Property dated June 5, 2003 as prepared by Environmental Data Resources, Inc. (Phase 1 ESA) 4. Preliminary Ecological Constraints Assessment for Coca-Cola Property dated July 27,2000 as prepared by VHB. 5. Preliminary Ecological Constraints Assessment - Poer Property dated June 13, 2003 as prepared by VHB. 6. Coca-Cola Property Preliminary Vegetation & Land Use Map, including gopher tortoise burrow locations, dated September 27,2001, as prepared by VHB. 7. Gopher Tortoise Relocation Permit No. WR03332, dated August 8, 2003 issued by State of Florida Fish and Wildlife Conservation Commission. 8. Gopher Tortoise Relocation Permit Application for Crown Point Phase 1 dated June 27, 2004 as prepared by VHB. 9. Orange County Utility Master Plan: Master Utility Plan, Revision/Addendum #4, dated January 20,2004 as prepared by VHB. 3 ORLA_383940.6 10. SJRWMD Conceptual Environmental Resource Permit Application and Stormwater Management Computations dated April 30, 2002 as prepared by VHB. 11. Proposed Mitigation Plan for Crown Point PUD dated April 30, 2002 as prepared by VHB. 12. SJR WMD Conceptual Environmental Resource Permit Application - Addendum No. 1 dated September 20, 2002 as prepared by VHB. 13. SJRWMD Conceptual Environmental Resource Permit Technical Staff Report, dated January 29,2003 (Application #4-095-83494-1). 14. SJRWMD Environmental Resource Permit Number 40-095-83494-5, dated March 4,2005 for Crown Point PUD Phase lB. 15. The following reports as prepared by Nodarse & Associates, Inc.: a. Report of Preliminary Geotechnical Engineering Evaluation - Coke Property, dated September 11,2001. b. Report of Subsurface Exploration and Geotechnical Engineering Evaluation - Coke Property, dated February 7, 2003. c. Additional Geotechnical for Dry Pond - Ocoee/Crown Point PUD, dated February 2, 2004. d. Report of Preliminary Subsurface Exploration and Geotechnical Engineering Evaluation - Poer Property, dated April 1, 2004. e. Report of Subsurface Exploration and Geotechnical Engineering Evaluation - Crown Point Ponds lA, IB, 3, 4, 5 and 10, dated June 27, 2004. f. Additional Report of Subsurface Exploration and Geotechnical Engineering Evaluation - Crown Point Ponds 3, 5 and 8, dated November 4, 2004. 16. Statement on storm water measures needed to handle the elementary school site including the Lake Apopka Rule effects: Letter from Paul Yeargain of VHB dated August 24,2005. 17. Clarification on storm water treatment needed for park road construction from the residential area up to Ocoee Crown Point Parkway: Letter from Paul Yeargain of VHB dated August 24,2005. 18. Legal description of lands to be made subject to a conservation easement and which are not part of the Property. 4 ORLA_383940.6 The above documents are collectively referred to as the "Due Diligence Materials". The Due Diligence Materials are provided by the City without any warranty or guarantee. The Due Diligence Materials may relate to portions of the Ocoee Crown Point PUD which are not part of the RFP. Each respondent may obtain a copy of the Due Diligence Materials to the extent such respondent deems appropriate as part of its due diligence investigation of the Ocoee Crown Point PUD. All development within the Ocoee Crown Point PUD must be in accordance with the PUD Documents as they may from time-to-time be amended. The Ocoee Crown Point PUD Amended Land Use Plan is attached to Ordinance No. 2004-16 and supersedes the Land Use Plan attached to Ordinance No. 2003-34. The current Conditions of Approval are attached to the Second Amendment to the Declaration and supersedes the prior Conditions of Approval. The Property is unplatted and is not included as part of the Phase I Plat. Phase I development of the PUD has been completed including the paving of Ocoee Crown Point Parkway past the high school to the location of the main entrance leading into the 75-acre residential development parcel. Initial Orange County utilities, including sewer and water lines sized for the ultimate development, have been constructed into the site and stubbed out just south of the new lift station adj oining the elementary school tract. City of Ocoee reuse lines have been constructed to this point and are sized for the ultimate development of the Property. The City and the Orange County School Board have spent approximately $4.5 million in connection with the design, engineering, permitting and construction of the foregoing improvements. A copy of the plans associated with the foregoing are available from the third party provider identified by the City. Additionally, the City is in the process of constructing additional stormwater improvements in order to comply with the Lake Apopka Rule. These improvements will be completed prior to the sale of the property. A copy of these plans are available from the third party provider identified by the City. In order to more efficiently utilize the entire site, a master stormwater system has been designed for the project, and the residential developer will need to design the stormwater system to complement the master system and accept stormwater from the future elementary school site. As noted above, a portion ofthis master stormwater system has been completed by the City. 5 ORLA_383940.6 --- 0 ~ Q.., c .. .0 t:: 4 t<:l Q.., 0::: .. t:: .E:! .. ~ ~ e r;; - u ~ m ~ ... - - ~ ~ 2: oil 0 > u 0 >< u:: 0 W I.!.t"'" ~~ \ pi'll olm": (f>lt' M hJ&Jf'9 \W'>5a ... N . I ,I I III . THE PROPERTY The residential property which is the subject of this RFP is identified by the following Tract references on the Amended Land Use Plan: 2, 2A, 25, 36, 37, 42, 50 and 52 (the "Property"). These Tracts include the required upland buffers, but exclude wetlands which are subject to a conservation easement. It is the intent of the City to sell a 75 gross acre residential tract. The exact acreage is subject to a survey and may consist of more or less acres based on such survey. Prior to closing, the selected respondent (the "developer") will be required to provide the City with a survey and legal descriptions of the Property to be conveyed to the developer, the elementary school site (Tract #4) which will be conveyed by the City to the Orange County School Board and the community park site (Tract #3 and 3B) which will be owned by the City, along with the certified acreages thereof. Ocoee Crown Point Parkway and the wetlands subject to the conservation easements will constitute the boundary controls for this purpose. While the location of these Tracts will be governed by the Amended Land Use Plan, the developer may propose revisions to the boundary lines which are intended to maximize the residential density while fostering integration with the elementary school and community park sites. The developer will be required to coordinate with the City and School Board in connection with the foregoing. The development of the Property will follow all requirements of the PUD Documents and all permits. Specific attention is directed to Pages 5 through 23 of the Development Standards which set forth lighting and residential design standards for the Property. While amendments may be proposed, the respondents should not assume that any amendments will be made to the PUD Documents. The Amended Land Use Plan is also the Preliminary Subdivision Plan for the Property. The developer will be required to prepare and obtain approval of a final subdivision plan and plat for the Property (the "Phase II Plat"). The Phase II Plat will include the Property, the elementary school tract, the community park site, and the looped road connecting to Ocoee Crown Point Parkway. The processing of these approvals will follow all normal development review and permitting procedures and all application fees, review costs, building permit fees, and impact fees will be the responsibility of the developer. The RFP Packet includes as Exhibit "G" a schedule of the single family residential impact fees currently applicable to the development of the Property. These fees are subject to change to the extent the applicable ordinances are amended on a citywide basis. The Property is designated as Low Density Residential under the City's Comprehensive Plan which allows up to 4.0 dwelling units per gross acre. The Amended Land Use Plan allows for the Property to be developed with up to 4.5 dwelling units per net acre. It is estimated that 60 acres of the Property will be developable, and that roughly 15 acres will be required for stormwater ponds. It is the City's goal to ensure that the single-family portion of the Ocoee Crown Point PUD adhere to the highest development standards and be a model for other residential development in the community. The actual number of lots to be permitted for development will depend upon net acreage and the final design. 7 ORLA 383940.6 IV. OCOEE CROWN POINT PUD DEVELOPMENT PARAMETERS There are a number of general development parameters that respondents should consider when formulating their proposal. These considerations are in addition to the specific development standards identified in Sections II and III of the RFP and the Amended Land Use Plan I Preliminary Subdivision Plan details that are reviewed and referenced in Section V of the RFP. All of these items will be negotiated as part of the Contract for Sale and be adjusted based upon the final plan that is chosen; however, for the purposes of this RFP, respondents should assume that all of these design attributes shall be incorporated into the proposal and the purchase price per lot be adjusted to reflect them. 1. The developer will be required to design, permit and construct the 10' wide asphalt bikeway extending along the perimeter of Tracts 2 and 50 including construction of the boardwalk and gazebo leading out into Lake Apopka. This will be a public pathway dedicated to the City, either on dedicated lands or over permanent easements. (See Sheet CIOI of the PUD/PSP. Location may be varied by the developer.) 2. The developer will be required to extend the loop roadway shown leading from Ocoee Crown Point Parkway past the elementary school site through Tract 2 around the proposed park site to form a second connection to Ocoee Crown Point Parkway. This road will be constructed as a 24' wide curb and gutter section, and retention will be directed to ponds to be built within the Property or to the pond to be built by the City within Tract 44. The exact route of this roadway may be reconfigured by the Developer with City approval. Lots within the Property may front on this loop roadway. 3. The developer will be required to construct a minimum 1000 s.f. air-conditioned community room within the City community park (Tracts #3 and 3B). This will satisfy the developer's requirement for such a facility within the Property based upon the City Code. The City will take ownership of this facility but it will be available free of charge for meeting use by the residential homeowners association. The minimum standards for this facility is an air conditioned open room with male I female restrooms designed to meet standard building codes and be ADA compliant. 4. The developer may propose any internal layout of streets and lots within the project itself as long as it meets the requirements of the PUD Development Standards and Amended Land Use Plan. Street layouts shown in the Amended Land Use Plan are representative only, and stormwater ponds, lift stations, and recreational areas may change in the Final Subdivision Plan with City approval. It should be noted, however, that each proposal should be based upon a minimum of250 single-family lots. 8 ORLA _383940.6 5. In addition to the requirements of the City's Land Development Code, additional private recreational amenities limited to use by the residents of Tracts 2 and 50 may be proposed to better market the project. This could include swimming pools, tennis courts or similar facilities for the benefit of residents only. 6. The developer may wish to consider proposing further off-site public amenities to benefit project residents and the public including the construction of play fields within the public park or a boat ramp to provide limited access to Lake Apopka for small, non-motorized craft or environmental trails within the wetlands. The City would assume ownership and future maintenance of any such off-site public amenities. 7. All roadways within the project will be public. No gates are permitted, although the developer will be required to install masonry entry features at each access off Ocoee Crown Point Parkway and to extend a 6' decorative masonry wall along that frontage of the project. 8. The developer should identify typical detailed elements to be included within the project such as decorative street sign poles, light poles, directional signs, benches, fountains, trellises, etc., that conform to the PUD Development Standards. 9. The developer should identify any specialty roadway treatments such as boulevards, traffic calming devices, private parking areas with landscape islands and similar features to be incorporated into the project. A typical residential street section should show how such treatments will be planned to minimize conflicts with underground utilities. 10. The developer should ensure a high degree of integration with the future elementary school, community park and waterfront village and demonstrate design techniques that will create synergy between these uses to enhance interconnectiveness within the community. The Developer may propose to reconfigure these sites in order to achieve these goals. 11. The developer should demonstrate any innovative approaches that may be undertaken to broaden the appeal of the community to prospective residents. This could include the installation of Wi-Fi or Wi-Max services, the integration of granny flats, garages under, walk-out basements, live / work units near the future waterfront village, or other design ideas. 12. The developer should assume that the City's St. Johns River Water Management District Conceptual Stormwater Master Plan needs to be modified by the Developer to satisfy Lake Apopka regulations relative to phosphorus loading, and that ponds may be configured to enhance the natural features of the site. 9 ORLA 383940.6 13. The attenuation pond (Tract 42) serving the single family portion of the project is partially located within a wetland and is subject to a St. Johns River Water Management District Environmental Resource Permit which would require the developer to provide mitigation. It is the City's intent to eliminate this pond from the final design to preclude any wetland mitigation. 14. There are a limited number of gopher tortoises on site which will need to be mitigated by the developer prior to the start of construction. No other significant flora or fauna species are known to exist on the site. 15. The developer will need to contract with Sprint, Brighthouse Networks, Lake Apopka Natural Gas, and Progress Energy to extend all utilities to and within the site. All of these utilities are currently stubbed out near the high school site. 16. The developer will need to construct the following utilities in addition to all internal subdivision utilities: a 6" diameter force main from existing lift station #1 just north of the elementary school site to a new lift station within the project site; a 12" diameter water main and a 12" re-use main along Ocoee Crown Point Parkway from the vicinity of lift station # 1 to the West Orange Trail; and an 8" water main and re-use main extending along the park loop road extension leading from the project site back-up to Ocoee Crown Point Parkway. 17. The developer will need to design capacity within Ponds 1 a and 1 b (Tracts 36 and 37) as part of the master stormwater system to accommodate the proposed elementary school site (Tract 4) including construction of an interconnecting pipe leading from the school site to Ponds 1 a and lb. 18. All wetlands adjacent to the Property have been surveyed and have been or will be placed within permanent conservation easements. Except where cited in the Environmental Resource Permit, a 25' upland buffer will also be required to be platted within the residential property adjoining these wetlands. 19. The developer/builder should assume that all house designs will initially be reviewed and approved by the City to ensure conformity with PUD Development Standards, and that any modifications throughout the construction of the project will also require City approval. A set of architectural standards will also be required to be developed for the project to guide all house designs. 20. The developer should assume that a homeowner association ("HOA") for the project will be organized by the Developer to maintain all common areas and retention ponds within the Property, including stormwater ponds serving the future elementary school. Additionally, a Master Property Owners Association will be developed for the entire Crown Point Development which will require financial participation by the HOA. The City may also elect to establish a stormwater utility to operate and maintain the Master Stormwater System. 10 ORLA_383940.6 21. The developer should assume that the covenants and restrictions for the project will contain provisions restricting investor sales, rentals, condominiums, vacation/time shares or similar types of real estate provisions to ensure a high quality, stable living environment with year-round permanent residents. The covenants and restrictions will be subject to the review and approval of the City. 22. The developer should assume that a detailed tree survey of all significant oak trees will need to be undertaken and that the project will seek to maximize the preservation of significant, healthy trees, particularly in Tract 50. 23. The developer should recognize and consider noise and lighting which may affect the project as a result of the neighboring high school site and the future elementary and park sites. This may dictate special design considerations. 24. The developer should understand that the City has no current plans or timetable to extend Ocoee Crown Point Parkway to Fullers Cross Road, to construct any park facilities shown on the Amended Land Use Plan, or undertake any development within the waterfront village. 25. The developer should assume that marketing literature for the project will need to identify all potential future uses within the Ocoee Crown Point PUD such as school uses, athletic facilities, commercial uses and anything that may cause future residents to claim adverse noise, traffic or lighting effects due to such future uses. Specific disclosures may be required by the City to be included in all residential sales contracts. V. OCOEE CROWN POINT PUD AMENDED LAND USE PLAN / PRELIMINARY SUBDIVISION PLAN The base entitlements and development framework for the proposed project are identified in the Ocoee Crown Point PUD Land Use Plan / Preliminary Subdivision Plan as amended June 19, 2004. A full-scale copy of this entire plan set is included as part of the PUD Documents (see Exhibit "H"). All respondents should familiarize themselves with the details of this plan with particular emphasis on the development program particulars and the Conditions of Approval. The following clarifies the major aspects of the development program. When there are discrepancies between the plans and items specified in the RFP Packet, the RFP directives shall apply. 1. Sheet C002: The Boundary information is based upon field surveys. The topographic information is reasonably accurate based upon aerial photogrammetry. This information has since been modified due to the construction of portions of Ocoee Crown Point Parkway, various retention ponds, and the new high school; however, Parcels 1 (Tract 2) and 9 (Tract 50) still accurately reflect the topography within the project site. 11 ORLA _383940.6 2. Sheet C003: Soils are primarily 47 - Tavares - Milhopper fine sands (C) and 54 - Zolfo fine sands (C) with some 6 - Candler - Apopka fine sands (A) and 41 Samsula - Hontoon - Basinger Assoc. Depressional (BID; D), primarily in the wetland areas. Practically all of the developable portions of Tract 2 were in citrus production and are now coniferous plantation. Tract 50 was partially in citrus with some wooded areas on the steeper slopes. The 100-year floodplain does not affect the developable portions of the site. There are no known environmental hazard areas on either tract based upon prior level 1 and 2 analyses that included some minor remedial action. 3. Sheet C005: The traffic mitigation plan identifies that the final two-lanes of the four-lane section for Ocoee Crown Point Parkway need to be completed as part of the single-family portion of the development. This improvement has already been completed by the City and Orange County School Board. Tracts 2 and 50 are the primary development sites identified at 58.44 useable acres. Retention ponds and buffers total 16.44 acres The exact boundaries of all tracts may vary in the final subdivision plan based upon specific design considerations; however, respondents should assume these are the correct numbers for purposes of the RFP response with a total acreage to be conveyed of approximately 75 acres. The plans identify two alternative development scenarios. For purposes of the RFP, respondents should assume that Residential Guidelines Table B -TND Criteria Mix should be utilized. This criteria permits 50 - 54 foot and 55 - 65 foot wide lots with relatively high lot coverage ratios. Alleyways are permitted with rear garages set back from the alleyways themselves. Larger lots are permitted under these regulations if more "estate" types of housing are proposed within limited portions of the project such as within the wooded portions of Tract 50 where steeper slopes occur. 4. Sheet C006: Alternative layouts are shown for Tracts 2 and 50. As previously specified, respondents should assume that the TND alternative will be utilized. The street and utility layouts shown are conceptual only and may be modified in the Final Subdivision Plan. This would also include potential changes to stormwater ponds and slight boundary changes adjoining the elementary school, park and waterfront village sites. Proposals for the property will be based upon a minimum of 250 lots. This number should be considered a minimum, with the final acquisition price based upon a final lotting pattern that may produce a higher number of lots with a corresponding higher acquisition price. 5. Sheets C 1 0 1 - 104: These sheets delineate schematic utility plan layouts for water, sewer and storm water infrastructure. These utilities include internal lines based upon the final geometry of the subdivision as well as extensions of main lines in Ocoee Crown Point Parkway and looping around the park along the proposed loop road extension. Ponds lA and IB are a part of the conceptual ORLA _383940.6 12 Stormwater Master Plan approved by SJR WMD and should be assumed to be constructed substantially in accordance with that plan and Pond 2 is not intended to be constructed. SDP1 - STP2 are not a part of the conceptual approval, and may be located within the final development wherever it is most conducive to achieving the highest lot yield. All ponds must take into considers regulations relating to the Lake Apopka Rule which places restrictions on phosphorus loading. Lift Station #2 may be relocated to any logical low point within the site to permit gravity lines to feed into it. This station will pump back into Station #1 on Ocoee Crown Point Parkway which has been sized to handle this volume. The line leading back to Station # 1 should be sized to accommodate the eventual connection of the elementary school. Water and sewer service is provided by Orange County and will need to be designed to meet their regulations and permitted by Orange County in accordance with the approved Utility Master Plan for the Ocoee Crown Point PUD. Re-use mains will be installed by the developer throughout the subdivision and will be permitted by and dedicated to the City of Ocoee. The recreation trail to be built by the developer is shown in detail on these plan sheets including cut-thru locations and where the boardwalk extends out to Lake Apopka. Final design is dependent upon final plans for stormwater ponds and actual subdivision lotting layout. 6. Sheet C200: Typical street sections are shown based upon standard City of Ocoee specifications. These typicals should be considered as minimum requirements, since internal streets will undoubtedly be adjusted in the final plan to accommodate on-street parking and various site amenities. Of particular interest to the City is how internal streets will be configured to minimize conflicts between underground utilities of all types and the planting of street trees and other landscaping. 7. Sheet C201: Typical cross-sections of stormwater ponds meeting minimum City specifications are shown. The areas set aside within the Amended Land Use Plan / Preliminary Subdivision Plan assume this type of unfenced construction. These specifications may be changed in final plans to provide for installation of decorative walled ponds in certain locations if needed; however, all proposals should assume that unfenced ponds will be the design approach to be utilized. 8. Landscape Plan Sheets: The sheets identify various buffer areas to be enhanced with landscaping throughout the site as well as typical buffer / entry wall treatments. These may be modified within the Final Subdivision Plans with City approval. 9. Sheet XlOO: This sheet identifies the numerous Conditions of Approval which will govern development within the project. Most of these conditions are typical 13 ORLA _383940.6 requirements imposed by the City on all residential developments, although many of these have been tailored to this project alone. VI. PROPERTY ENTITLEMENTS The property has the following entitlements in place: 1. DCA approved Comprehensive Plan Amendments required for the project. 2. PUD Zoning and Approved PUD Land Use Plan. 3. Preliminary Subdivision Plan approval. 4. Property meets all concurrency requirements as set forth in the City's Land Development Code. A Final Certificate of Concurrency will be issued by the City at closing, subject to the developer completing the appropriate application. The developer may prepay road impact fees and obtain a Transportation Capacity Reservation Certificate in accordance with the City's Land Development Code. 5. No school capacity enhancement agreements or other agreements to address school capacity are required based on development in accordance with the PUD Land Use Plan. The developer will pay normal school impact fees in accordance with applicable ordinances. 6. Sewer and water lines to serve the Property have been extended to the end of the existing pavement on Ocoee Crown Point Parkway in accordance with the Orange County Master Utility Plan. 7. Reuse lines to serve the property have been extended to the end of the existing pavement on Ocoee Crown Point Parkway. 8. A final wetlands jurisdictional determination has been made. The lands to be made subject to a conservation easement have been agreed to by the St. Johns River Water Management District and US Army Corps of Engineers. These conservation easement lands will remain in City of Ocoee ownership. A legal description of these lands are provided as part of the Due Diligence Materials. 9. A conceptual stormwater permit has been issued by St. Johns River Water Management District. 10. Public recreational facilities constructed on the community park can count towards satisfying recreational requirements under the City's Land Development Code. 11. Except as set forth in Section IV of this RFP, the City has constructed all off-site roadway improvements required for the development of the property. 14 ORLA_383940.6 12. The City has completed all necessary traffic studies. No further traffic studies will be required based on development in accordance with the approved PUD Land Use Plan and Preliminary Subdivision Plan. VII. STATEMENT OF LIMITATIONS A. General Statement Any submission in response to this solicitation from any respondent/developer, or any relationship between the City of Ocoee and respondent/developer, arising from this Request for Proposal, are subject to the specific limitations, conditions and representations expressed in this Request for Proposal. B. Questions/Limitations on Contact with City Any questions regarding conflicts or apparent conflicts or other substantive matters arising during preparation of the response to this RFP should be addressed via email to: Joyce Tolbert, Purchasing Agent City of Ocoee Finance Department 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 905-3100, ext. 1516 itol bert@ci.ocoee.fl.us There will be NO FURTHER COMMUNICATIONS, by any means, verbal or written, with any City employee, elected official, board member, or representative of the City ofOcoee during the course of this Request for Proposal until the City staff contacts any or all respondents. Any communications to the City shall be made to Joyce Tolbert, Purchasing Agent. When questions arise that may affect the proposal the answers will be distributed in writing to all interested parties involved if time permits. Or, written answers will be faxed if time demands, with an original mailed to all interested parties within 24 hours of the fax. No questions will be addressed within five working days from date and time of the public opening of the proposal. All rules pertaining to ADDENDA will apply to any written questions and answers. C. City ofOcoee Right to Modify, Suspend and Waive The City of Ocoee reserves the right to modify, and/or suspend any and all aspects of the Request for Proposal; request additional information; and waive any unintentional defects as to form or content of the Request for Proposal or any responses submitted. The City reserves the right to accept or reject any or all proposals, in part or total, and to waive any minor informalities as deemed in the best interest of the City. The City reserves the right to negotiate modifications to any offer that it deems acceptable, to reject any or all offers, and to request further information or other terms on all offers including the right to seek new offers on a greater or lesser amount of property located within the Ocoee Crown Point PUD. The City reserves the right to select the best and most responsive, responsible team who submits a proposal meeting the criteria most advantageous to the City. The City further reserves the right to consider matters such as, but not limited to, quality of completed projects similar to this one, business reputation of the respondent 15 ORLA_383940.6 and financial abilities, in determining the most advantageous proposal, including expanding or contracting project scope. D. Addenda Forms Any substantial changes in the requirements of the Request for Proposal will be disseminated to all parties by way of an official written ADDENDUM. ANY ADDENDA FORMS MUST BE SIGNED AND THE PROPOSAL AMENDED WHEN NECESSARY TO BE CONSIDERED RESPONSIVE. See Attachment "C" for Addendum Form. E. Costs of Responding to the Request for Proposal THE CITY OF OCOEE IN NO WAY TAKES RESPONSIBILITY FOR ANY EXPENSES INCURRED BY ANY RESPONDENT IN THE COURSE OF RESPONDING AND/OR PRESENTING THIS PROPOSAL. F. Broker's Fees No claims for broker's fees will be paid by the City ofOcoee. Each respondent shall indemnify, defend and hold the City of Ocoee harmless from all claims, liabilities, and costs arising from any person's claim for brokerage commissions, finder's fees, or other remuneration based in whole, or in part, on the submission of a response by that respondent, any negotiations with that respondent, or the execution of a contract with that respondent. G. Disqualification for Collusion The City of Ocoee reserves the right to disqualify proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the respondent. All respondents must submit a Non-Collusion Affidavit form as set forth in A TT ACHMENT B as a condition for consideration. Respondents also warrant that no one was paid a fee, commission, gift or other consideration contingent upon receipt of an award for any part or total project. H. Compliance with Laws It is necessary that the development proposed by the respondent be in compliance with all applicable Federal, State, County; and City environmental laws, statutes, ordinances, rules and regulations. I. Public Records Law All submittals are subject to the Florida Public Records Act, F.S. 119. The tender of a proposal authorizes release of all of your company's information as submitted, except to the extent financial statements are exempt from disclosure pursuant to Section 119.07(3)(t), Florida Statutes. 16 ORLA _383940.6 J. Compliance All companies doing business with the City of Ocoee must do so in the English language and make money quotations in U.S. currency. There shall be no customs, duties or import fees added to the cost shown in the quotation. K. Equal Opportunity Employment The respondent agrees that they will not discriminate against any employee or applicant for employment for work under the resulting contract because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision will include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. L. Access to Property Prior to Submission of Proposal Access to the property during normal business hours will be provided upon request, in order for prospective respondents and their designated representatives to conduct such inspections and investigations as they deem necessary prior to submitting a proposal. The City will require that a respondent seeking access to the property sign a separate access and hold harmless agreement in connection with such access and inspections prior to conducting inspections on the Property. The form of Access and Indemnification Agreement is attached hereto as Attachment "D" and should be delivered to the Purchasing Agent. Please contact the Purchasing Agent to schedule any site visits or on-site due diligence activities. M. No Warranty Regarding RFP Document Package The City does not warrant or guarantee the accuracy of any information contained in the RFP Packet. Each respondent is responsible for independently satisfying himself as to the accuracy of all information. It is the responsibility of each respondent submitting a proposal to undertake prior to submission of a proposal such investigations as they may deem appropriate to satisfy themselves as to the condition of the property. N. General Conditions At 2:01 PM on February 16, 2006, or as soon thereafter as practical, all RFP Response Packets will be publicly opened and base purchase prices to acquire the property will be read aloud. As outlined in the RFP, the proposed purchase price for the property will be only one of many determinants the City will use to select the most qualified respondent. The City will further analyze all RFP Response Packets and interview a limited number of respondents before recommending one or more development teams for final selection by the Mayor and City Commissioners. PRICES SHALL REMAIN FIRM FOR A PERIOD OF FIVE (5) MONTHS FROM THE DATE OF OPENING OF THE RESPONSES. 17 ORLA_383940.6 This Request for Proposal constitutes an invitation to submit offers and qualifications and does not constitute an offer to sell any property. All sales are subject to acceptance and execution by the City Commission of a written contract to sell. A company check, cashier's check or money order payable to the City of Ocoee in the amount of $10,000 must accompany the proposal. The top ranked respondent should consider these funds to be the initial at risk deposit that will be cashed by the City following the ranking by the City Commission. The top ranked respondent will be required to make an additional at risk deposit in the amount of $100,000.00 as set forth in this RFP. If the top ranked respondent fails to execute a purchase contract with the City within the timeframes set forth in the RFP Packet or fails to deliver the additional deposit as set forth in this RFP, then the deposit submitted with the RFP Response Packet will be retained by the City and will not be refunded and such respondent will no longer have any right to purchase the property. In such event, the City may seek to negotiate a contract with the next ranked respondent, or reject all remaining proposals, subject to all the same rules as the first ranked respondent who failed to enter into a contract or deliver the additional deposit. This method will be followed until a purchase contract is executed and all deposits received or the City rejects the remaining proposals. VIII. Minimum Terms of Purchase and Sale Agreement The purchase contract will include the following minimum terms which are in addition to other terms and conditions set forth in this RFP: A. The City will convey fee simple title to the property by special warranty deed subject to comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise cornmon to the subdivision; public utility easements; and all matters appearing in the public records of Orange County, Florida affecting the property. The property will be conveyed free and clear of all liens. B. At the time of execution of the contract, a "non-refundable" "at risk" deposit in the amount of ten percent (10%) of the minimum purchase price will be required. The deposits made prior to execution of the contract will be credited towards this 10% deposit. The deposit will be held by the City and will not be in escrow. The City may use the deposit to pay for costs associated with the development of the Ocoee Crown Point PUD. C. The property and all improvements located thereon will be conveyed, "as is" "where is" without any warranty or representation being made by the City other than the warranties of title contained in the special warranty deed. D. The City will pay for and provide for an owner's title insurance policy in the amount of the Purchase Price. The City will not be obligated to cure any title or survey objections. If any title or survey objection precludes use of the Property for residential purposes, then the selected respondent shall be entitled to terminate the Contract for Sale and receive a refund of all deposits. 18 ORLA_383940.6 E. Prior to closing, the selected respondent will, at the respondents expense, be required to provide the City with a survey of the property and legal descriptions of the property to be conveyed to the respondent, the elementary school site (Tract #4) and the community park site (Tract #3 and 3B), along with the certified acreages thereof. F. The closing on the sale of the property will occur within 45-days from the finalization of the survey and legal description, but in no event later than December 1, 2006 unless extended by the City with the approval of the selected respondent. G. The selected respondent will be responsible to pay for all property taxes for the calendar year 2006 and thereafter without any proration based on the closing date. The property is currently exempt from ad valorem taxes, but is expected to become subject to ad valorem taxes on January 1, 2006. H. The selected respondent will be responsible to pay for all documentary stamp taxes and recording fees. I. All closing documents will be prepared by the City and will be in a form acceptable to the City. J. The contract will not be assignable except to an entity at least 50% owned or controlled by the respondent. Any such assignment shall require the approval of the City and cannot change the Project Team unless agreed to by the City. K. The response to the RFP will be incorporated into and made a part of the contract. L. The City may amend the PUD Land Use Plan and Conditions of Approval without the consent or approval of the developer so long as any such amendments do not change the PUD Land Use Plan or the conditions of approval as they relate to the residential property which is the subject of this RFP. M. Pursuant to Florida law, the City hereby discloses that radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your County Public Health Unit. IX. RIGHT OF CITY TO CONVEY ADDITIONAL LANDS The City reserves the right to negotiate the sale of additional lands within the Ocoee Crown Point PUD to the selected respondent without seeking further competitive proposals. Such negotiations may occur subsequent to the closing on the sale of the property. 19 ORLA_383940.6 X. RESPONDENT'SIDEVELOPER'S SUBMISSIONS A. Submission Deadline and Information Five (5) identical copies of the respondent's RFP Response Packet in 8 ~" x 11," three ring binder format must be submitted in an opaque, sealed package or box no later than 2:00 PM LOCAL TIME, February 16,2006, directly to: City of Ocoee Finance Department Attn: Joyce Tolbert, Purchasing Agent Ocoee City Hall 150 N. Lakeshore Drive Ocoee, FL 34761 Each respondent should identify the RFP Response Packet with: PROPOSAL NAME: OCOEE CROWN POINT PUD PROPOSAL NUMBER: RFP 06-001 PLACE: OCOEE COMMISSION CHAMBERS TIME OF PUBLIC OPENING: February 16,2006 at 2:01 PM NAME OF COMPANY / INDIVIDUAL SUBMITTING PROPOSAL Any RFP Response Packet received after the cut-off date and time will not be accepted under any circumstances and will be returned unopened to the submitter. It is the sole responsibility of each respondent to see that their RFP Response Packet is in the hands of the City, stamped received and time-dated by personnel in the City Finance Department before the due date and time. The City will not be responsible for any proposal delivered incorrectly or to the wrong address or location. It is the responsibility of the respondent to be sure that all information submitted to the City is correct and that all forms are filled out properly. No faxed, e-mailed or telecommunicated proposals will be accepted. B. Mandatory Pre-Proposal Conference Prospective respondents must attend a Mandatory Pre-Proposal Conference scheduled for Thursday, January 12,2006 at 9:00 AM at the Ocoee City Hall Commission Chambers, 150 N. Lakeshore Drive, Ocoee, FL 34761 to be considered for selection. The purpose of this conference is review the RFP Packet which describes the property in detail and outlines the development standards which will apply to all proposals. Additionally, City Staff will be available to answer questions at this meeting regarding the project and, later, meet on site for a tour of the property. A four-wheel drive vehicle, to be provided by each respondent, is recommended for the site inspection since access is limited to logging roads. Prospective respondents must register at Finance/Purchasing Department at Ocoee City Hall. A non- refundable fee of $50.00 will be collected from each prospective respondent at the time of registration to cover administrative costs incurred by the City. Each registered respondent will receive the Terms and Conditions of the RFP at the time of registration. Registered respondents 20 ORLA 383940.6 will be able to obtain the complete RFP Packet from a third party provider to be identified by the City and will be responsible to directly pay such provider for all reproduction costs. The RFP Packet will include due diligence information regarding the property as prepared by the City and its consultants, without any warranty or guarantee. All prospective respondents must be registered with the Financial/Purchasing Department prior to the Mandatory Pre-Proposal Conference. C. Response Packet Information Requirements Each respondent should submit information to back up their proposal consistent with the items listed below in addition to an introductory cover letter providing a brief synopsis of the overall development proposal. Five (5) identical copies of the response should be placed in an 8 W' x 11" three ring binder. Respondents may wish to pursue the project as a team effort with individual developers, builders, real estate entities, etc., however; only one firm should submit the response as the team leader and the real estate contract will be entered into with that respondent. Once a development team makes its submittal, no changes to that team will be permitted without City approval. Each item listed below represents the general factors to be utilized by the City to make its selection of the most qualified respondent. Therefore, it is important that this outline be followed and each item indexed and tabbed to promote consistency in the responses. There is no limit to the extent of each response; however, the City will place significant emphasis on responses that are concise, clear, and to the point. If a respondent has additional information which they believe is germane to the proposal but which is not specifically requested, an "Addition Information" Tab should be added to the end ofthe response booklet. Requested information is ranked in order of importance. however. no specific numerical scores will be attached to any individual responses due to the wide rane:e of factors to be considered. TAB 1: Purchase Price Identify the proposed minimum purchase price that is being offered for the entire 75-acre property without regard to the final lot count. Also, identify the proposed purchase price per single family lot to be paid to the City based on the final number of single family lots as shown on the approved final subdivision plan for the property. The final purchase price for the property will be greater of (i) the proposed minimum purchase price, or (ii) the proposed purchase price calculated on a per lot basis based upon the final number of single family lots as shown on the approved final subdivision plan. It should be assumed that this is a lump sum transaction with no phased take-down provisions. It should also be assumed that closing will occur prior to final subdivision plan approval based on the proposed minimum purchase price with an additional post-closing payment being made to the extent that the purchase price calculated on a per lot basis exceeds the minimum purchase price. THE FOREGOING INFORMATION SHOULD BE PROVIDED TO THE CITY BY COMPLETING AND SIGNING ATTACHMENT "A" WHICH SHOULD BE INSERTED IN TAB 1 OF THE RFP RESPONSE PACKAGE. 21 ORLA_383940.6 The respondent will take title to the land and will be responsible for all final engineering preparation of the final subdivision plan, platting, permitting and development of the property after the sale. It should be anticipated that all development review will follow normal City of Ocoee review procedures. The respondent will be responsible for the payment of all City application fees and Review Costs associated with obtaining further City approvals. All permits for the project will follow normal City schedules, and all Impact Fees will be paid in full when building permits are issued. The development team should assume that the contract for sale will dictate an aggressive schedule for design and completion of the project. As identified throughout the RFP, the City reserves the right to chose the respondent with the most comprehensive development proposal, which may not necessarily be the highest price offer. TAB 2: Project Concept This section should include representative pictures, sketches, layouts, and development standards to be incorporated into the development package. The concept should reference that all Traditional Neighborhood Design standards identified for the Ocoee Crown Point PUD will be followed at a minimum and identify any additional design features which make the development proposal stand out from other packages. While the City does not expect any layouts for the entire site to be included in the package, typical lotting diagrams identifying the design approach, lot layouts, street geometry, typical housing design, site amenities, street sections and similar conceptual proposals are to be included, to best represent the quality and character of development proposed. Specific acknowledgement should be made that the respondent will, at a minimum, include the additional amenities identified in Section IV of the RFP, Ocoee Crown Point PUD Development Parameters. The respondent should carefully consider the City's goal of maximizing the development potential of this property so as to produce the most significant tax base. Accordingly, the concept should identify the anticipated target price range for the dwelling units to be constructed within the proiect and the average ad valorem tax benefit that the City may expect to be generated by the proiect. Additionally, a projected timeline for the project should be provided to identify how quickly the project will be brought on line and dwellings built out over the entire site. TAB 3: Project Team Identify the various entities and personnel which make up the project team. Identify the amount of experience the team has in developing high quality residential projects within Florida similar in character to the Traditional Neighborhood Design established for the Crown Point project. Respondents must demonstrate that the company has the capability to design and execute a high-quality residential development in a timely manner. This would include identification of specific personnel who would be assigned to the project, the lead project manager responsible for day-to-day activities, and the professional consultants anticipated to design the various aspects of the project, including the project engineer, architect, planner, landscape architect and any other professionals constituting part of the respondent's team. 22 ORLA_383940.6 The respondent should indicate whether there will be a single homebuilder or multiple homebuilders for the project and, if known, identify the homebuilder(s). The respondent should include information regarding the prior experience of the proposed homebuilder(s) in constructing traditional neighborhood design types of houses. TAB 4: Marketing Program Respondents should outline the anticipated marketing approach for the project including how the media will be utilized to better sell the project. This would include the projected use of newspaper, radio, and television advertising as well as whether a reservation or auction type process will be utilized. The program should identify the timing of various marketing components relative to the timing of models and amenities. The program should also include details on proposed permanent monument signage that must be installed at the Ocoee Crown Point Parkway / Ocoee-Apopka Road intersection as well as within the PUD itself to direct prospective buyers to the site. TAB 5: Additional Information This section would include any other pertinent information the respondent wishes to provide that is not covered elsewhere. This would include overall proposals for use of all or a portion of the entire Crown Point PUD property outside the RFP project scope to demonstrate how the developer could further maximize development potential. For example, this may include proposals with respect to the development of the Waterfront Village and its incorporation into the residential development. It would also include any additional information that may be added to the proposal as a result of any Addenda questions. TAB 6: Miscellaneous Forms This section should include Attachment B and. if aoolicable. Attachment C. It may also be supplemented with any Addenda acknowledgement forms and proposal amendments returned prior to the proposal due date. TAB 7: Proposed Amendments to pun If the respondent is proposing amendments to the PUD Land Use Plan or any of the Conditions of Approval with respect thereto, any such proposals should be presented in this Section. The City is not required to favorably consider any such proposals and the provision of this option should not be construed to indicate that the City is encouraging any such proposals. The purchase price proposals set forth in Tab 1 should be submitted on the assumption that the PUD Land Use Plan and Conditions of Approval will not be amended. 23 ORLA_383940.6 XI. SELECTION PROCESS A. Initial Review After the submission deadline, the City Manager and designated staff will review all responses for correctness and adherence to the terms of the Request for Proposal. At the sole discretion of the City, incomplete submissions may be rejected, or in the case of non-material, non-substantative defects as determined solely by the City, the respondent may be contacted by the City to correct the defects. If so contacted, the respondent shall correct any such defects within five (5) business/working days from such notification. At no time may such clarifications materially modify the proposal. Only clarifying statements on information already presented will be allowed, and only by request of the City. B. Selection Criteria Based upon the Selection Criteria established for the proposal, the City staff, in whatever manner the City Manager chooses to consider most efficient, will discuss and rate all proposals to ultimately short-list at least five (5) of the top respondents for further discussions with the City. Selections will not be based upon a numerical scoring system due to the wide range of proposal parameters, but will be based upon the best combination of price, quality of development, experience of the developer, financial capability and project management capabilities. . C. Presentations to the City Manager and Designated Staff In order to fully understand a respondent's qualifications and proposal, interviews will be conducted with all short-listed firms. Respondents will be given a set time to make a presentation and to answer any questions regarding their proposal. D. Recommended List of Qualified Respondents After all short-listed respondents have been interviewed, at least three respondents will be recommended by the City Manager for final consideration by the Mayor and City Commissioners. The respondents will be presented to the City Commission with a proposed ranking order by the City Manager. E. Financial Information from Short List The City may require that the short listed respondents submit information regarding their financial capability to close on the property and develop the property in accordance with their response to the RFP. Any such financial information will be subject to the Florida Public Records Law, except to the extent exempt pursuant to Section 119.07(3)(t), Florida Statutes. 24 ORLA_383940.6 F. Selection of Most Qualified Respondent Upon receipt of the recommended respondents list and rankings from the City Manager, the Mayor and City Commissioners will meet to choose, in their sole judgment, the most qualified firm to carry out the objectives of the City of Ocoee for development of the Ocoee Crown Point PUD property. The Mayor and City Commissioners may base their decision solely on the rankings of the City Manager, or may set a date and time to conduct their own interviews prior to voting on their top choice. The City Commission will not be bound by the City Manager rankings. G. Additional Deposit from Top Ranked Respondent The top ranked respondent as determined by the City Commission will be required to make an additional at risk deposit in the amount of $100,000.00 within seven (7) calendar days from receipt of notification from the City of the ranking. This is in addition to the $10,000.00 deposit submitted with the response to the RFP. The top ranked respondent, with funds totaling $125,000.00, should consider this to be the initial at risk deposit that will be cashed by the City. If the top ranked respondent fails to deliver the additional deposit as set forth above, then the deposit to the extent received by the City will be retained by the City as liquidated damages and not as a penalty and will not be refunded and such respondent will no longer have any right to purchase the property. H. Contract for Sale The top ranked respondent will be required to enter into a binding purchase contract with the City within forty-five (45) days from the date of notification from the City of the ranking. The City will provide a proposed purchase contract to the top ranked respondent within ten (10) days of notification from the City of the ranking. If the top ranked respondent fails to execute a purchase contract within the timeframe set forth above and deliver the additional deposit required by such contract, then the deposit to the extent received by the City will be retained by the City as liquidated damages and not as a penalty and will not be refunded and such respondent will no longer have any right to purchase the property. 25 ORLA_383940.6 XII. ANTICIPATED SELECTION SCHEDULE A. Advertisement ofRFP: December 11,2005 B. Mandatory Pre-Proposal Conference and Site Tour: January 12,2006 C. Proposal Submission Deadline: February 16,2006 D. City Commission Ranking of Respondents: No later than April 18, 2006 E. Public Hearing to Approve Contract for Sale: No later than June 6, 2006 F. This schedule is subject to change by the City. XIII. PUBLIC HEARING Pursuant to Section C-8(B)(1) of the City Charter, the City cannot approve the sale of property with a value greater than $100,000.00 unless such sale is first approved at an advertised public hearing. A public hearing will be held with respect to the City Commission approval of the proposed contract for sale. END. 26 ORLA _383940.6 A TT ACHMENT "A" PROPOSAL PRICE SHEET AND SIGNATURE SECTION RFP# 06-001 : OCOEE CROWN POINT PUD RESIDENTIAL DEVELOPMENT OPPORTUNITY By signing below, the undersigned respondent acknowledges that (i) it has received the RFP Terms and Conditions, (ii) it has received a copy of the PUD Documents, (iii) it has received a copy of the Due Diligence Materials to the extent deemed necessary by the respondent, (iv) it has conducted such independent investigations as the respondent has deemed necessary and appropriate in connection with the submittal of this proposal, (v) it has the financial and professional ability to complete the project as described in the RFP, and (vi) it agrees to all ofthe RFP Terms and Conditions except as expressly noted in its response. The undersigned proposes to pay to the City of Ocoee a cash purchase price for the property which is the e:reater of the following: (i) A MINIMUM PURCHASE PRICE WITHOUT REGARD TO FINAL LOT COUNT OF: AND NO/lOO DOLLARS ($ ); or (ii) A PER LOT PURCHASE PRICE CALCULATED ON THE BASIS OF AND NO/lOO DOLLARS ($ ) PER SINGLE FAMILY LOT BASED ON THE FINAL NUMBER OF SINGLE FAMILY LOTS AS SHOWN ON THE APPROVED FINAL SUBDIVISION PLAN FOR THE PROPERTY. The Minimum Purchase Price set forth in Section (i) above will be paid to the City at the Closing. Within forty-five (45) days following approval by the Ocoee City Commission of the final subdivision plan for the property an additional post-closing payment will be made to the extent that the Purchase Price calculated on a per Lot basis as provided in Section (ii) above exceeds the minimum purchase price set forth in Section (i) above. The Purchase Price set forth above is exclusive of closing costs and other expenses to be paid by the successful respondent. Any closing costs and other expenses will be paid pursuant to the terms of the RFP Packet and the Purchase Contract executed between the City and the successful respondent and will be in addition to the Purchase Price for the property. Page 1 of2 ORLA_383940.6 A company check, cashiers check or money order made payable to the City of Ocoee in the amount of $10,000.00 is attached hereto. The undersigned acknowledges that this deposit check will be held by the City in accordance with the Terms and Conditions of the RFP. Name of Respondent: Type of Entity (if other than an individual): Manual Signature of Respondent: Title of Person signing (if other than an individual): Address: Phone: Fax Number: E-Mail Address: Page 2 of2 ORLA_383940.6 ATTACHMENT "B" NON-COLLUSION AFFIDAVIT RFP# 06-001 : OCOEE CROWN POINT PUD RESIDENTIAL DEVELOPMENT OPPORTUNITY Any individual or company submitting a response must sign this NON-COLLUSION AFFIDAVIT form and attached it to their response or they will not be considered for award. STATE OF COUNTY OF BEFORE ME, personally appeared the undersigned, who being first duly sworn upon oath, deposes and says: (print/type) and resides at: 1. His/her name IS 2. He/she makes this Affidavit with the knowledge and intent that it is to be filed with the City of Ocoee, Florida and that it will be relied upon by said City in any consideration which it may give to and any action which it may take with respect to this proposal. 3. He/she makes and is authorized to make this Affidavit on behalf of (Name of corporation, company, partnership, individual, etc.) , formed under the laws a of (state), in which he/she is (Sole owner, partner, president, etc.) 4. This proposal is genuine and not collusive or a sham. The person, partnership or corporation named above in paragraph 3, has not colluded, conspired, connived or agreed, directly or indirectly, with any respondent or person, firm or corporation, City employee or elected official to put in a sham proposal, or to fix the price(s) of said Page 1 of2 ORLA 383940.6 proposal or proposals of any other respondent or to secure any advantage against the City of any person, firm or corporation interested in the proposed contract. All statements contained in the proposal described above are true; and further, neither the undersigned, nor the person, firm or corporation named above in paragraph 3, has directly or indirectly submitted said proposal of the contents thereof, or divulged information or data relative thereto, to any other person, firm or corporation or to any member or agent thereof except to the extent necessary in connection with the formation of the Project Team proposed by such person, firm or corporation. FURTHER AFFIANT SA YETH NAUGHT. (SEAL) Name: Sworn to and subscribed before me this day of ,who: , 2006, by o is/are personally known to me. o produced a current Florida driver's license as identification. o produced as identification. {Notary Seal must be affixed} Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): Page 2 of2 ORLA_383940.6 A TT ACHMENT "C" ADDENDUM FORM: ADDENDUM # FOR THE REQUEST FOR PROPOSAL FOR RFP 06-001. OCOEE CROWN POINT PUD Date: This Addendum #_ forms part of the RFP Terms and Conditions and modifies the original documents. Acknowledge receipt of ADDENDUM # by your signature in the space below, and attach it to each RFP Response Packet (Tab #6) as acknowledgement of its receipt and that the changes were considered in the proposal and the proposal amended accordingly. Failure to do so may subject the firm to disqualification. ***************************************************************************** I, the undersigned, have read this ADDENDUM #_, and have taken the specifications and/or changes into consideration when formulating my response to the RFP. Authorized Signature: Company: Date: ,2005 Page 1 of 1 ORLA 383940.6 ATTACHMENT "D" RFP # 06-001: OCOEE CROWN POINT PUD RESIDENTIAL DEVELOPMENT OPPORTUNITY ACCESS AND INDEMNIFICATION AGREEMENT This ACCESS AND INDEMNIFICATION AGREEMENT (the "Agreement"), is made and entered into this day of , 20 (this "Agreement"), by a ("Respondent") for the benefit of the CITY OF OCOEE, FLORIDA (the "City"). WITNESSETH WHEREAS, Respondent is contemplating the submission of a proposal in response to City of Ocoee RFP # 06-001 (the "RFP") for the purchase of certain real property located within the Ocoee Crown Point PUD in the City ofOcoee, Orange County, Florida (the "Property"); and WHEREAS, prior to submitting a response to the RFP and, if selected by City, entering into an Agreement for Sale and Purchase (the "Contract"), Respondent has requested permission to have access to the Property for the purpose of conducting certain investigations and due diligence as are reasonably necessary in connection with its response to the RFP and the proposed sale; and WHEREAS, on the condition that Respondent execute this Agreement, City has agreed to allow Respondent to enter onto the Property so that Respondent can commence its due diligence and investigations prior to providing a response to the RFP. NOW, THEREFORE, in consideration of the sum ofTen and Noll 00 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Respondent hereby agrees as follows: 1. That any entry upon the Property by Respondent and its designated representatives (collectively, "Respondent's Representatives") shall be for the sole purpose of conducting such due diligence and investigations as will be reasonably necessary in connection with the preparation of Respondent's response to the RFP ("Respondent's Due Diligence"). The Respondent agrees to notify the City in writing as to each of its designated representatives for such purpose. 2. That Respondent's Representatives shall, prior to entering on the Property, notify and coordinate with the City's Purchasing Agent or other persons designated by City ("City's Representatives") as to the time, place and duration of any activities relating to Respondent's Due Diligence and obtain verbal approval thereof from City's Representative. Page 1 of2 ORLA 383940.6 3. That the City's Representative will be provided the opportunity to be present whenever the Respondent's Representatives enter upon the Property and shall be permitted to observe activities relating to Respondent's Due Diligence. 4. That in performing Respondent's Due Diligence, Respondent shall not conduct any activity which is invasive or causes damage to the Property, and that Respondent shall remedy, to City's reasonable satisfaction, any adverse effects resulting from Respondent's Due Diligence. 5. That it shall insure that no claims of lien or other entitlement shall affect the Property as a result of Respondent's Due Diligence, and Respondent hereby agrees to protect, defend and indemnify City against any claims, loss, damage, expense, or the like connected with, or in any way resulting from Respondent's Due Diligence. Furthermore, Respondent agrees to release and hold City harmless from and against loss of, or damage to, property and/or equipment of Respondents Representatives while they are on the Property. 6. That in the event City brings an action against Respondent under this Agreement, that the City shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection therewith from Respondent. 7. That the rights granted herein are non-exclusive and that City is considering the sale of the Property to other potential respondent's to the RFP and is entering into similar agreements with such other interested parties. 8. That nothing contained herein shall be construed to in any way obligate City or Respondent to enter into the Contract or to obligate the City to award the RFP to Respondent. It is expressly agreed that City may elect to proceed or not proceed with the sale of the Property and to award or not award the RFP in accordance with the Terms and Conditions of the RFP. The Respondent shall have no equitable or other interest in the Property by virtue of this Agreement. IN WITNESS WHEREOF, the Respondent has caused this Agreement to be duly executed as of the date set forth above. "RESPONDENT" By: Name: Title: Address: Fax Number: Executed on: ORLA_383940.6 Page 2 of2