Legal Advertisement County of Benzie REQUEST FOR PROPOSAL Potential Sale of Property located at 10948 Main Street Village of Honor, Benzie County, Michigan (Parcel No. 10-08-006-004-00) September 23, 2016 The Benzie County Land Bank Authority has acquired property located ( Property ), as a result of the foreclosure of the Property for nonpayment of taxes. The goal of the Benzie County Land Bank Authority ( Land Bank ) is to seek redevelopment of the property. The purpose of this Request for Proposal ( RFP ) is to solicit Proposals from parties interested in purchasing the Property and/or developing it. The Land Bank will accept sealed Proposals for the Property until 4:00 p.m. on Tuesday, October 18, 2016 (the Due Date ). In the event that the initial Proposal period does not produce an acceptable Proposal, the Land Bank may, at its discretion, extend the Proposal period until it receives an acceptable Proposal or until the Land Bank makes a counter-proposal to one or more of the parties that has properly submitted a Proposal and that counter-proposal is accepted. The time lines may be moved to correspond to the accepted Proposal date. Notification of a Proposal extension will be made in writing and mailed to all parties that have provided a Proposal. Proposals will be opened simultaneously on Wednesday, October 19 at 9:00 a.m. and the review process will begin. It is the intention of the Land Bank to notify the successful Proposer who is the most responsive and offers terms and conditions in a manner and for an amount of consideration the Land Bank considers proper, fair and valuable (including for no monetary consideration) no later than 5:00 p.m. Friday, October 21, 2016. Notification of acceptance will be via phone. The Land Bank reserves the right to waive any irregularity or defect in any submission; request clarification or additional information regarding Proposals; to conduct a Best and Final Proposal (BAFP) analysis; to cancel this Request for Proposal and to reject any and all Proposals at its sole discretion. The Land Bank Authority shall assume no liability whatsoever for any expense incurred by a Proposer in replying to this RFP. Notice to Proposers: A Covenant deed will be provided at the closing. It should be noted that the County will not be authorized to pay any commission to buyers or their agents.
I. KEY RFP DATES A. RFP Release Date: September 23, 2016 B. Proposals Due: October 18, 2016 C. Proposals Awarded and Accepted: October 19, 2016 D. Request for Proposal Extended, if applicable. (See Section VI) II. INSTRUCTIONS TO PROPOSERS A. Proposal Submission Procedures 1. All Proposals submitted shall include the following: a. Copy of this Request for Proposal. b. An outline of the Proposer s proposed project. c. Any professional studies required to determine if the proposed project is feasible, including, but not limited to, structural engineering report, demolition plans, remediation plans. d. A complete list of any and all incentives, tax exemptions, tax increment financing, recapture or any other public resource incentives being sought by the Proposer. e. Any contingencies for successful completion anticipated by the Proposer. f. Timetable for project completion. g. Evidence of Proposer s financial capability to complete the purchase, remediation and redevelopment, including the source of funds that will be used to purchase the property. 2. Sealed Proposals must be received on or before the Due Date. Proposals received after the Due Date will not be accepted or will be marked late, unopened and returned to sender. 3. Proposers shall submit one (1) clearly marked original and two (2) photocopies of the Proposal package. Proposals must be received in one envelope or box marked Proposal - Benzie County Land Bank and delivered to the attention of Michelle Thompson, Chairman, 231-882-9672, 448 Court Place, Beulah, MI 49617. 4. Proposals may be delivered by U.S. Mail, courier service or hand delivery. Electronic or facsimile Proposals will not be accepted. 5. All information shall be entered in ink or typewritten. Mistakes may be crossed out and all corrections inserted before submission of a Proposal the person signing the Proposal shall initial and date corrections in ink. 2
6. Within ten (10) business days of Proposal acceptance by the Land Bank, Proposer shall deposit fifty (50%) percent of the purchase price consideration with the Benzie County Treasurer. If this condition is not met, the Land Bank may, at its sole discretion, extend this time limit or select another Proposal. Fifteen (15%) percent of the purchase price consideration shall immediately become non-refundable. 7. Proposal documents signed by persons on behalf of entities, other than for a natural person, must be accompanied by documents evidencing authority as follows: a. Submissions by corporations or limited liability companies shall be signed by a person with authority to bind the corporation or limited liability company and shall be accompanied by a current certificate of good standing and certified copies of resolutions authorizing such submission, including the Offer to Purchase Real Property. b. Submissions by partnerships shall be signed by the authorized partner and shall be accompanied by a certified copy of the partnership certificate on file with the appropriate county clerk and a copy of the partnership agreement and any amendments in effect as of the date of submission. c. Submissions by persons doing business under an assumed name shall be accompanied by a certified copy of an assumed name certificate on file with the appropriate county clerk. d. Submissions by one natural person on behalf of another natural person shall be accompanied by a Power of Attorney which would be fully effective on the date of signature and irrevocable thereafter and which would authorize such action with regard to this specific transaction. III. PROPOSAL PACKAGE FORMAT A. Proposal packages must be submitted in three-ring binders containing the following information tabbed in the order below: 1. Copy of this Request for Proposal. 2. An outline of the proposed project. 3. Any professional studies required to determine if the proposed project is feasible, including, but not limited to, structural engineering reports, demolition plans, remediation and redevelopment plans. 4. A timetable for project completion. 3
5. Evidence of Proposer=s financial capability to complete the purchase, including the source of funds that will be used to purchase the Property. Failure to provide any of the above requested information may result in disqualification of Proposal process. The Land Bank reserves the right to request additional information pertaining to the Proposal package or any other matters related to the Request for Proposal. The winning Proposal made to the Land Bank shall be irrevocable once accepted. B. Property Inspection Proposers are encouraged to visit the site and inspect the Property, but only after making arrangements for such inspection with the County Treasurer. The Property is being sold as is. No guarantees as to the condition of the site or the suitability for reconditioning, redevelopment or remediation is either given or implied. Proposers should do their own due diligence prior to submitting a Proposal. C. Questions Regarding Request for Proposal 1. Questions regarding RFP must be made in writing and submitted electronically to the Benzie County Treasurer at mthompson@benzieco.net. Answers to questions will be posted as soon as is practicable. 2. All questions and answers, as well as other information related to the Request for Proposals, to the extent required, may be made available consistent with the Freedom of Information Act, MCLA 15.231 et seq; 5 USC Section 552 et seq. D. Proposal Package The Proposal package must be executed by an authorized signatory and must contain a completed copy of the Proposal form as provided, along with any addendum the Proposer wishes to be considered. IV. METHOD OF AWARD AND SELECTION CRITERIA Complete responses to this RFP will be evaluated by the Land Bank. Selection criteria may include, but is not limited to, the following: 4
A. The most responsive Proposer that offers terms and conditions in a manner and for an amount of consideration the Land Bank considers proper, fair and valuable, including, possibly, for no monetary consideration. B. Evidence of Proposer s financial capability to complete the purchase and redevelopment. C. Compliance with the terms set forth in this RFP. V. BEST AND FINAL PROPOSAL (BAFP) If the selection process does not lead to an acceptable award recommendation, or if deficiencies are identified, the Land Bank, at its discretion, may prepare a Deficiency Report and/or Clarification Request (DR/CR) for each Proposal determined to be in the competitive range. Proposers will be allowed to respond in writing to the DR/CR with a Best and Final Proposal. The BAFP may include changes to the original Proposal, including alterations to the original price proposed. All BAFPs must be submitted by the deadline established by the Land Bank. After reviewing the BAFPs, the Land Bank will reevaluate the Proposals using the original evaluation method. If an alteration to the original published evaluation criteria is to be made, changes in the criteria will be published to all Proposers as part of the issuance of the DR/CR. Proposers will NOT be provided any information about other Proposals or where the Proposer stands in relation to others at any time during the evaluation process. Any request for such information will be viewed as a compromise to the evaluation process and the requesting Proposer may be eliminated from further consideration. Requests for Proposal information by a Proposer, its subcontractor or an affiliated party before an award is made, may also result in disqualification. Proposers are cautioned to propose their best possible offer at the onset of the process, as there is no guarantee that any Proposal will be allowed an opportunity to submit a BAFP. VI. PROPOSAL PERIOD EXTENSION If the initial Proposal period does not produce an acceptable award recommendation, the Land Bank may, at its discretion, extend the Proposal period until it receives an acceptable Proposal. Timelines will be moved to correspond to the accepted Proposal date. Notification of a Proposal extension will be made in writing. The first qualifying Proposal that is received and accepted will end the extension period. VII. FREEDOM OF INFORMATION ACT (FOIA) All information in a bidder s Proposal should be considered subject to the provisions of the Freedom of Information Act (FOIA), 1976 Public Act 442, MCL 15.231 et seq. VIII. DESCRIPTION OF THE PROPERTY 5
Property Tax ID# 10-08-006-004-00, and more particularly described as follows: Part of the Northwest ¼ of the Northwest ¼ of Section 5 and part of the Northeast ¼ of the Northeast ¼ of Section 6, all in T26N, R13W, Inland Township, Benzie County, more fully described as follows: Commencing at the Northwest Corner of said Section 5; thence along the west line of said section S00*00 52 W 554.78 feet to a point on the north line of the South 973.50 feet of said Northwest ¼ of the Northwest ¼; thence along said north line N89*04 41 E 474.22 feet; thence parallel with the east line of said Northwest ¼ of the Northwest ¼, S00 01 07 W 393.94 feet to the POINT OF BEGINNING; thence continuing parallel with said east line S00*01 07 W 131.62 feet; thence parallel with the south line of said Northwest ¼ of the Northwest ¼; N89*04 41 E 832.62 feet to a point on said east line S00*01 07 W 448.07 feet to a point on the south line of said Northwest ¼ of the Northwest 1/4; thence along said south line S89*04 41 W 1306.77 feet to a point on the west line of said Section 5; thence along said west line N00*00 52 E 300.01 feet; thence parallel with the south line of the Northeast ¼ of the Northeast ¼ of said Section 6, N89*26 19 W 425.69 feet to a point on the existing centerline of County Road 669; thence along said centerline on the following 2 courses; N36*34 16 E 323.44 feet and along the arc of a curve to the left (I= 00*45 05, R= 1145.92 feet, Chord= N36*11 41 E 15.03 feet) a distance of 15.03 feet; thence parallel with said south line of the Northwest ¼ of the Northwest ¼ of Section 5, N89*04 41 E 698.37 feet to the POINT OF BEGINNING. Containing 16.93 acres of land more or less. SUBJECT TO all applicable building, use restrictions and easements, if any, affecting the premises. ALSO SUBJECT TO any portion of the above described premises taken, used or dedicated for street, road or highway purposes. *denotes degrees 6