CITY OF ALPHARETTA REQUEST FOR PROPOSALS (RFP)...The City is offering for sale to the public and seeking proposals from interested Offerors for the sale of prime a Downtown District

CITY OF ALPHARETTA REQUEST FOR PROPOSALS (RFP) RFP Number: 20-113 RFP Title: Sale and Development of Downtown City Center Parcel

RFP SCOPE

1. Authority to Issue This RFP

This procurement is issued under the authority of the City of Alpharetta (City) Procurement Policy and applicable law. The City has the authority to reject all bids or proposals or any bid or proposal that is non-responsive or not responsible, and to waive technicalities and insignificant discrepancies to award a contract that is in the best interest of the City. The City may also elect to contingently accept one or more Proposals so that in the case of the default of the Successful Offeror, the City will accept the Contingent Proposal.

The City represents that it has not retained the services of an agent or broker.

Offerors are not required to retain an agent or broker. However, if the Offeror retains an agent or broker, said agent or broker is protected for the purchase and sale of this Parcel, provided that the Offeror has disclosed the retention of an agent or broker along with Agent’s / Broker’s name and mailing address for this RFP 20-113, including disclosure of any and all agent or broker fees / commissions in the Proposal to Purchase form.

It is understood that the City will not assume or pay any portion of the fees or commissions of any agent or broker or other representative acting on behalf of the Offeror. The period of this protection will end no less than 60 days from the Proposal due date/time, which is the period allowed to the City to review, negotiate and to accept the Proposal. All Proposals and any disclosed agent/broker protection shall expire 60 days from the Proposal due date/time. Undisclosed agent/broker relationships shall not be protected.

The City shall have a period of 60 days from the Proposal due date/time to accept the Proposal. All Proposals shall expire 60 days from the Proposal due date/time. The City’s acceptance of proposal within sixty (60) days of the RFP Response Due date will follow with the execution of the Purchase and Sale Agreement by Offeror and the City. The City intends to schedule closing within ninety (90) days of execution of the Purchase and Sale Agreement.

2. Period of Non-communication and Single Point of Contact

Interested persons, their employees, representatives, agents, and attorneys shall not contact the City’s elected officials or City staff during the procurement process and evaluation phase for this RFP.

Debora Westbrook is the Procurement Agent and Single Point of Contact; the only contact representing the City for this RFP. Debora can be reached at 678-297-6052 or [email protected].

City of Alpharetta 2 Park Plaza Alpharetta, GA 30009 Attn: Debora Westbrook, Procurement Agent

3. RFP Schedule of Events

1. Project Details section at https://cityofalpharetta.bonfirehub.com/ for this procurement contains all important dates related to this RFP.

2. All Questions or Requests for Information must be sent before the Questions Due Date via the Bonfire procurement page for this project under Message – Opportunity Q&A at

mailto:[email protected]

https://cityofalpharetta.bonfirehub.com/

City of Alpharetta RFP 20-113, Sale and Development of Downtown City Center Parcel RFP Scope

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https://cityofalpharetta.bonfirehub.com/. Clearly reference the section that is applicable to the question.

3. Any addenda or other important information related to a procurement will be posted on the Bonfire website at https://cityofalpharetta.bonfirehub.com/

a. Answers to questions, other than simple clarification responses, will be answered in the form of an addendum.

b. Any changes to the project information or the posted schedule will only be made by City issued addendum.

4. Before submitting a response to this procurement, it is the responsibility of the Offeror to check the Bonfire portal for any addenda or other communications related to this procurement.

WHAT THE CITY WANTS TO DO

1. Project Background and General Description

The City is offering for sale to the public and seeking proposals from interested Offerors for the sale of a prime Downtown District parcel located in City Center (referred to herein as the “Parcel”) of 0.51 acres of land, more or less. It is located at the intersection of Main St. (SR 9) and Marietta St., within the City Center development and adjacent to restaurant Citizen Soul and Publix, in the heart of Alpharetta’s Downtown District. Surrounding pedestrian venues and streetscape, as well as parking options make this site accessible and desirable for commercial uses.

2. Alpharetta’s Award-Winning Downtown City Center Overview

The Parcel is located near City Hall, the Alpharetta Branch of the Atlanta-Fulton Public Library System, Publix Super Market, restaurants, shopping, offices, and major transportation routes.

The Alpharetta City Center Project is a 26-acre walkable, mixed-use development in the heart of Downtown Alpharetta. After building City Hall, a library, parking deck, and five acres of park space, the City enlisted a team of four private developers to work together to fulfill a cohesive vision to expand the existing historic district by six city blocks. The development includes: 168 residential units with 37,600 square feet of street level retail; a 36,000 square foot office building with an additional 7,400 square feet of ground floor retail; 55,000 square feet of freestanding restaurant buildings scattered throughout 7.5 acres of parks and greenspace; and 42 single-family homes. The Town Green acts as a central meeting hub connecting restaurants, retail, and park space.

Downtown Alpharetta’s City Center Project is the 2019 award winner for Excellence in Town Center Development and the People’s Choice for the Public Realm winner from the Urban Land Institute’s Atlanta District. The district includes Georgia, Alabama, and Tennessee.

The Urban Land Institute’s (ULI) Awards for Excellence recognize outstanding real estate development projects or initiatives that exemplify ULI’s mission of providing leadership in the responsible use of land and in creating and sustaining thriving communities. The awards are open to private sector, public sector, and nonprofit projects located within Georgia, Alabama, and Eastern Tennessee. All submissions are evaluated by a distinguished jury of ULI members, representing all major segments of the industry. The jury considers how a development demonstrates leadership, innovation, market success, sustainability, resilience, and meets the current and future needs of its surrounding community.




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Alpharetta’s Award-Winning Downtown City Center Development


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3. Legal Description of Real Property Offered for Sale See Exhibit “A” at the end of this document for the Parcel legal description and Parcel survey dated January 18, 2017.

4. Parcel Details and Allowed Usage

1. The Parcel is subject to the City’s Downtown Master Plan for the Downtown Core District. All development must adhere to the City’s zoning, building and design standards. These design guidelines support community objectives by promoting a quality design in new construction and development.

2. The Parcel is zoned MU.

3. Buyer, Offeror, and to whom the Parcel is transferred to shall be one in the same. Proposals shall be submitted in the same name as the individual or entity purchasing the Parcel.

4. The Parcel is owned by the City of Alpharetta, GA.

5. The Parcel has no development or improvements.

6. All reference to number of days within any of the documents posted in respect to this RFP 20-113 are understood to be calendar days.

7. Offeror agrees to hold offer firm for a period not to exceed sixty (60) calendar days.

8. The City shall have within sixty (60) days from the date of RFP Response Due Date to accept or reject proposal.

9. The City’s acceptance of proposal within sixty (60) days of the RFP Response Due date will follow with the execution of the Purchase and Sale Agreement (PSA) by Offeror and the City.

10. The draft of the PSA is available for review in the General Terms and Conditions document for this RFP. Any Offeror or Legal exceptions to the PSA may be submitted to the City with this proposal, but all exceptions must be submitted to the City no later than 10 days of notification of proposal acceptance by the City.

11. This Parcel shall close within 90 days of execution of the PSA.

12. This Parcel is being sold as-is and does not include any warranties of any kind.

13. The City has no knowledge of, nor makes any assumptions, representations, or statements concerning available utilities.

14. The City shall only pay its own attorney and closing costs.

15. Offeror shall pay their respective attorney and closing costs. The City shall not assume or pay any portion or amount of the Offeror’s attorney or closing costs. Closing cost division available in PSA draft.

16. The City will not pay any commission fees for any real estate agent. Offeror is responsible for all fees and / or commissions incurred on their behalf in respect to the proposal and purchase of this parcel. Agents are protected with notification from Offeror at the time of proposal response.

17. Any agent fee shall be noted in proposal and shall be in addition the Parcel purchase price. The Offeror shall be responsible for the purchase price as offered plus any agent commission fees.

18. Disclosure items:

Well Disclosure: Sewer Treatment System Disclosure. To the best of Seller's knowledge, there are no wells or abandoned wells on the Real Property (including, but not limited to, monitoring wells).


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There are no septic or other individual sewage treatment systems on or serving the Real Property.

5. Site-Visit and Inspection Prior to Bidding

Interested parties are strongly encouraged to visit the site prior to bidding. On-site inspection will be at Offerors own risk. The City will not conduct a formal site visit.

Offerors shall inspect the Parcel and the title to the Parcel. If the Offeror is selected and elects to proceed after exercising its due diligence, it shall acquire or take possession of the parcels in “As-Is” condition.

The sale of the Parcel in no way guarantees or warrants grading permits, building permits, zoning variances, or financial viability.

The Offeror shall acknowledge that they inspected the Parcel and have done their due diligence before closing on the Parcel. The Offeror is relying only on the his/her own inspection of the Parcel and is not relying on any oral or written statement concerning the physical condition of the Parcel. Said Parcel is vacant as of the purchase time.

The City shall not be responsible for any accidents, injuries, etc. during inspection or any other viewing of the Parcel. Offeror will expressly assume all dangers, risks and hazards regarding the Parcel and shall release, protect, indemnify and hold harmless the City, its agents, employees and assigns from and against any and all claims, demands, causes of action and damages of any kind, including but not limited to, attorney’s fees and litigation costs resulting from any accident, incident, or occurrence arising out of or in any way resulting from the actions of the Offeror or their agents, employees, and assigns.

6. Bid or Offer Guarantee Requirements

Offerors shall be required to provide written demonstration of financial ability if requested by the City within ten (10) business days. Acceptable means of financial ability shall be defined by the following:

• Letter of Prequalification from a financial institution such as a bank or credit union • Letter of Credit from a financial institution such as a bank or credit union • Alternate written financial document acceptable to the City • The City may require additional information showing Offeror’s ability to perform.

7. Earnest Money

1. Each Offeror must be prepared to provide Earnest Money to the City of Alpharetta in the form of a Cashier's Check or a Certified Check, payable to City of Alpharetta, for 10% of the stated purchase price.

2. Upon notice to selected Offeror(s) of continued negotiations, Offeror(s) must provide the Earnest Money to the City within ten (10) business day.

3. The Cashier's Check or a Certified Check, payable to City of Alpharetta, and delivered to: City of Alpharetta Finance Department 2 Park Plaza Alpharetta, GA 30009 Attn: Debora Westbrook

4. Earnest Money of the Successful Buyer shall be applied at closing as partial payment of the purchase price unless otherwise negotiated. The Earnest Money from other Offerors shall be returned by the City when the Sale is finalized. The City shall not pay or be responsible for the payment of any interest on the amount of the Earnest Money.

5. In the event the Offeror defaults, the City may retain the deposit money as liquidated damages, as the parties agree that the deposit is a reasonable settlement of the City‘s damages and is not a penalty.


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6. If the City defaults, Offeror’s remedy is limited to rescinding this agreement, in which case the City will cause to be paid to Offeror the deposit. Offeror(s) specifically waive any claims for loss of bargain and specific performance, or any other damages known or unknown.

8. Operation Prior To Closing

During the period from the date of Seller's acceptance of PSA to the Closing Date (the "Executory Period") Seller shall operate and maintain the Parcel in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and any currently maintained insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief

9. Damage/Casualty

If, prior to the Closing Date, all or any part of the Real Property is damaged by fire or other casualty, Seller shall immediately give notice to Offeror of such fact and Offeror shall have the option to terminate this PSA by providing written notice to Seller. In the event Offeror terminates this PSA, the parties will have no further obligations under this PSA and the Earnest Money, together with any accrued interest, shall be returned to Offeror.

10. Financing

Within five days of request by City, Offeror must make application to obtain financing, if necessary, to consummate the purchase of the Parcel. If not necessary, Offeror must submit proof of the source of funds. Offeror must obtain financing within 10 days of request by City. Offeror shall notify City in writing if Offeror is unable to obtain financing prior to closing after making a good faith effort to do so. City may extend the time allowed for Offeror to obtain financing or exercise its right to terminate the PSA. Offeror must provide notice to City when it has secured necessary financing.

City agrees to sell to Offeror and Offeror agrees to purchase from City the following Parcel the real property located in City of Alpharetta, GA, described on the attached Exhibit A.

11. Title

The City makes no warranty or representation as to the status of title, and The City shall not be obligated to correct any title defect. Possession of the Parcel will be conveyed to the Offeror at closing. 12. Inspection / Discovery Period; Property Documents

Offeror and its agents shall have the right to enter upon the Parcel after the date of execution of the PSA and terminating forty-five (45) calendar days from the PSA execution date for the purpose of inspecting the Parcel and conducting such environmental examination and test as Offeror deems necessary. Offeror agrees to indemnify the City against any liens, claims losses, or damage occasioned by Offeror's exercise of its right to enter and inspect while on the Parcel. Offeror agrees to provide City with a copy of any report prepared as a result of such examination and tests.

Offeror shall have the right to terminate this PSA by written notice to Seller no later than 10 business days following the end of the Inspection Period noted above. If the Offeror terminates this PSA based on the inspection, the Earnest Money shall be refunded to Offeror. Any termination of this PSA by the Offeror after 10 business days following the end of the Inspection Period shall result in payment of the Earnest Money to Seller, unless such termination is due to a breach or other failure to perform on the part of Seller, in which case the Earnest Money shall be refunded to Offeror.


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13. Real Estate Taxes and Special Assessments.

General real estate taxes and installments of special assessments payable in the year prior to the year of closing and all prior years will be paid by The City. The City shall pay on or before the Closing Date all special assessments that were officially levied or pending as of the Closing Date. Special assessments levied or which become pending after the Closing Date shall be paid by Offeror. General real estate taxes payable in the year of closing shall be prorated such that City shall pay such taxes attributable to the period beginning on January 1 of the year in which the Closing Date takes place, and continuing through and including the Closing Date and Offeror shall pay such portion of such taxes attributable to the period beginning on the first day after the Closing Date and continuing until December 31 of the year in which the Closing Date takes place. If general real estate taxes due and payable during the year in which the Closing Date takes place have not yet been determined as of the Closing Date, Offeror and the City shall estimate such taxes to be 105% of real estate taxes due and payable during the previous year and shall prorate taxes based on such amount; provided that, after taxes due and payable during the year in which the Closing Date takes place have been determined by the taxing authority, either party shall have the right to cause a reconciliation by sending written notice to the other party. Within ten (10) days of receipt of such notice, the party required to pay any additional amount pursuant to such reconciliation shall pay such amount to the other party.

HOW THE CITY WILL REVIEW PROPOSALS

Evaluation Criteria

All proposals received will be reviewed by the Procurement Agent to ensure that all administrative requirements of the RFP package have been met, such as all documents requiring a signature have been signed and submitted. Failure to meet these requirements may be cause for rejection. Only responsive proposals will be given to Evaluation Committee for further review.

The Evaluation Committee will evaluate the remaining proposals and determine a ranking based on the information requested by the City and provided by the Offeror in response to this RFP. Proposals will be evaluated based on stated evaluation criteria. In ranking against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, intended us, experience of Offeror, and contractual factors. These rankings will be used to determine the most advantageous offering to the City.

Contract Negotiations: The City may select a preliminary awardee on the basis of initial offers received. The City may request additional information from a Offeror to assist with the preliminary evaluation and ranking. After initial ranking is complete, the City may enter into contract negotiations, beginning with the highest-rated Offeror, however the City may negotiate with multiple Offerors simultaneously. The negotiation process will continue until a contract has been executed or all proposals have been rejected. Offerors do not have any rights against the City arising from such negotiations.

a. The City will evaluate responses with a weighted evaluation system. The categories and points assigned for each category noted below in the matrix.

b. Discussions and/or presentations may be conducted with responsible Offerors to assure full understanding of and conformance to the requirements contained herein.

c. The City reserves the right to reject any and all proposals.

d. The sale of this Parcel is contingent upon the Alpharetta City Council’s approval.


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Criteria Evaluation Weight

Company Profile, Development Experience, Executive Summary 30%

Proposal to Purchase / Terms of Sale 40%

Price Conditions/Contingencies Other Disclosures

Property Use Information 30%

Intended Use Community Benefits

Disclosure Form and Certificate of Non-Collusion Pass / Fail

Total Possible Score 100%

EXHIBIT “A”

Exhibit “A” (beginning with the next page) contains:

1. Parcel 13 Legal Description 2. Parcel 13 Survey dated January 18, 2017 3. From City GIS, Parcel 13 with Parcel highlighted

LEGAL DESCRIPTION

All that tract or parcel of land lying and being in Land Lot 1269, 2nd District, 2nd Section of the City of Alpharetta, Fulton County, Georgia and being more particularly described as follows:

To find the TRUE POINT OF BEGINNING, commence at the intersection of the easterly right-of-way of Main Street (State Route 9), having a variable right-of-way width, and the southerly right-of-way of South Broad Street, said point being the POINT OF COMMENCEMENT.

THENCE, leaving said POINT OF COMMENCEMENT along said right-of-way of Main Street (State Route 9) along a curve to the right having a radius of 1,108.08 feet and an arc length of 122.07 feet, said arc being subtended by a chord with a bearing of South 10 degrees 52 minutes 26 seconds West and a length of 122.01 feet to a point; thence continuing along said right-of-way of Main Street (State Route 9) along a curve to the right having a radius of 1,561.78 feet and an arc length of 76.63 feet, said arc being subtended by a chord with a bearing of South 14 degrees 43 minutes 50 seconds West and a length of 76.62 feet to a point; said point being the TRUE POINT OF BEGINNING.

THENCE, leaving the TRUE POINT OF BEGINNING as thus established and said right-of-way of Main Street (State Route 9) the following courses and distances; South 87 degrees 42 minutes 19 seconds East a distance of 37.98 feet to a point; thence South 00 degrees 03 minutes 21 seconds East a distance of 93.41 feet to a half inch rebar


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found; thence South 88 degrees 24 minutes 18 seconds West a distance of 42.00 feet to a half inch rebar found; thence South 02 degrees 47 minutes 55 seconds West a distance of 74.76 feet to a half inch rebar found; thence South 89 degrees 54 minutes 39 seconds West a distance of 13.04 feet to a nail found; thence South 02 degrees 47 minutes 55 seconds West a distance of 149.43 feet to a nail found; thence North 89 degrees 55 minutes 08 seconds East a distance of 7.16 feet to a point; thence South 01 degree 11 minutes 51 seconds West a distance of 24.11 feet to a point; said point being at the northeast intersection of Marietta Street, having a variable right-of-way and Norcross Street, having a variable right-of-way; thence along the northerly right-of-way of Marietta Street South 89 degrees 54 minutes 34 seconds West a distance of 121.69 feet to a point; thence continuing along said right-of-way of Marietta Street North 31 degrees 25 minutes 13 seconds West a distance of 10.00 feet to a point; said point being on the easterly right-of-way of Main Street (State Route 9); thence along said right-of-way of Main Street (State Route 9) along a curve to the left having a radius of 1,525.13 feet and an arc length of 353.50 feet, said arc being subtended by a chord with a bearing of North 24 degrees 06 minutes 48 seconds East and a length of 352.71 feet to a point; thence continuing along said right-of-way of Main Street (State Route 9)along a curve to the left having a radius of 1,561.78 feet and an arc length of 14.45 feet, said arc being subtended by a chord with a bearing of North 16 degrees 24 minutes 04 seconds East and a length of 14.45 feet to a point, said point being the TRUE POINT OF BEGINNING.

Said property contains 0.51 acres of land, more or less and being shown as Parcel 13 on the Final Plat for Alpharetta City Center by Travis Pruitt & Associates, dated January 18, 2017 and recorded in Plat Book 3967, Page 122, Fulton County, Georgia Records.


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