CONTRACT FOR SERVICES TO ATTEMPT TO ASSEMBLE LAND SUITABLE FOR DEVELOPMENT OF A 300 SPACE PUBLIC PARKING GARAGE
CONTRACT for SERVICES
THIS CONTRACT, entered into this [gr.:JIr.- day of ~,
2008, by and between the CITY OF CLEARWATER, a Flori~ municipal
corporation, hereinafter referred to as "City, " P.O. Box 4748, Clearwater, Florida
33758 and Chase Real Estate, Inc., a Florida corporation, hereinafter referred to
as "Broker," 660 Mandalay Ave., Clearwater, FL 33767.
WHEREAS, at its March 6, 2008 meeting Council directed the City
Attorney to prepare a request for proposals from licensed real estate brokerage
firms and agents for the purpose of selecting a firm and agent to attempt to
assemble land suitable for development of a 300 space public parking garage on
South Clearwater Beach; and
WHEREAS, RFP/RFQ #18-08 was issued on March 24, 2008 in response
to that direction. Among other matters, the RFP/RFQ required that respondents
consider and address the following tasks, provide their qualifications to undertake
the requirements, and submit a time and fee proposal to accomplish same:
a. Identify optimum locations and parcels required for the proposed project
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditions of
sale
e. Deliver executed Purchase and Sale Contracts to the City for Council
action
f. Assist City with all pre-closing requirements of each Contract
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g. Oversee vacation of all properties prior to closing.
h. In the event the proposed assemblage is unsuccessful, prepare a market
study detailing conditions contributing to the lack of success in assembling the
lands; and
WHEREAS, Seven responsive proposals were received, reviewed by a 5-
member staff evaluation committee, and Chase Real Estate, Inc. with Wm. Mark
Searcy as Agent, was ranked first by the committee; and
WHEREAS, the City Council, at its meeting on May 15, 2008, authorized
staff to negotiate a contract with Chase Real Estate, Inc.
NOW THEREFORE, in consideration of the promises stated herein, the
City and Agent mutually agree as follows:
1. SCOPE OF PROJECT.
Agent agrees to assist the City in acquiring approximately 1 acre of land on
Clearwater beach south of the roundabout under terms and conditions
acceptable to the City. Broker and Agent will be a Single Agent for the City of
Clearwater and will transition to Transaction Broker on all sites listed by any
realtor employed by Broker as of May 15th, 2008. Agent shall be responsible for
the following:
a. Identify optimum locations and parcels required for the proposed project
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditions of
sale
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e. Deliver executed Purchase and Sale Contracts to the City for Council
consideration
f. Assist City with all pre-closing requirements of each Contract
g. Oversee vacation of all properties prior to closing.
h. In the event the proposed assemblage is unsuccessful, prepare a market
study detailing conditions contributing to the lack of success in
assembling the lands.
The City may, from time to time, require changes in the scope or other terms of
the project to be performed hereunder. Such changes in the terms of this
Contract that are mutually agreed upon by and between City, Broker and Agent
shall be effective when incorporated in written amendment to this Contract.
2. TIME OF PERFORMANCE.
Agent shall present proposed parcels to the City by June 19th 2008. As
appropriate, Agent shall present contracts for City Council consideration by no
later that July 1st, 2008. In the event the proposed assemblage is unsuccessful,
the market study shall be prepared and delivered to the City within 15 days after
notification by the City to prepare said report. All services under this contract
shall be completed October 1st, 2008.
3. COMPENSATION.
The Broker and Agent have proposed a 3% commission to be paid by the
seller, on the gross sales price of each property purchased by the City of
Clearwater as result of the contracts submitted to the City by Agent. In the event
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the seller does not have a listing agreement with Broker or Agent and declines to
pay the total 3% commission, City shall pay the difference up to 3% of the gross
sales price. In the event that the City Council rejects the contracts or in the event
no contracts are proposed by the Agent, the City shall pay the agent a flat fee of
$5,000.00 following delivery to the City of the report provided for in paragraph
1.h. above.
4. METHOD OF PAYMENT.
The commission shall be paid at closing of purchase of each parcel, In the
event that no contracts are accepted by the City, the flat fee shall be paid
following delivery of the report provided above. The City agrees to pay after
approval under the terms of the Florida Prompt Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is
contingent upon an annual appropriation of the City's budget.
5. SPECIFIC AGENT
Wm. Mark Searcy shall act as the Agent for the purposes of this
agreement. Should Mark Searcy leave Broker or be permanently unavailable to
assist the City when requested, the City may request a renegotiation of terms of
this Agreement or may, at its sole option, terminate this agreement by giving
written notice at least ten (10) days prior to such termination. Upon termination,
the City shall have no further obligation to the Broker for any services.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
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Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
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Chase Real Estate, Inc.
Wm. Mark Searcy
Licensed Real Estate Agent
660 Mandalay Ave.
Clearwater, FL 33767
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City of Clearwater
William B. Horne, II
City Manager
P.O. Box 4748
Clearwater, Florida 33758
727 -44 7 -8800
Telephone #
727-447-8814
Facsimile #
727 -562-4050
Telephone #
727 -562-4052
Facsimile #
6. TERMINATION OF CONTRACT.
The City at its sole discretion may terminate this Contract by giving a ten (10)
day written notice of its election to do so and by specifying the effective date of
such termination. Further, if Agent shall fail to fulfill any of its obligations
hereunder, this Contract shall be in default, the City may terminate the Contract,
and Agent shall be paid only for work completed.
7. INDEMNIFICATION AND INSURANCE.
Agent agrees to comply with all terms, provisions, and requirements
contained in Exhibit "B" attached hereto and made a part hereof as if said
document were fully set forth at length herein.
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8. INTERESTS OF PARTIES.
Broker and Agent covenants that its officers, employees and shareholders
have no interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance and/or
provision of services required under the terms and conditions of this
Contract.
9. CONFORMANCE WITH LAWS.
Agent agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
1 O. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the date set forth above.
CITY OF CLEARWATER, FLORIDA
Countersigned:
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rank V. Hibbard
Mayor
~fJ,~-:n:
illiam B. Horne II
City Manager
Approved as to form:
Attest:
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Attest:
Print Name:
Secretary
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Cynt E. Goudeau
City C rk
Chase Real Estate, Inc.
By: 4lt'62 ~ ~
Print Name: ~ ~ .1; loA....
Title: --&; o\l ~ r . )
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