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98-22988 RESO RESOLUTION NO. 98-22988 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS AND CONTRACT WITH THE NUMBER-ONE RANKED FIRM, ECONOMIC RESEARCH ASSOCIATES, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 1-98/99 FOR A FEASIBILITY CONSUL T ANT IN CONNECTION WITH THE IMPROVEMENT AND DEVELOPMENT OF THE CITY'S MUNICIPAL GOLF COURSES, FOR AN AMOUNT NOT TO EXCEED $35,000. WHEREAS, the City issued Request for Proposals (RFP) No. 1-98/99 to provide for a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses; and WHEREAS, specification packages for RFP No. 1-98/99 were issued on October 12, 1998, resulting in the receipt of two (2) responsive proposals; and WHEREAS, an Evaluation Committee recommended by the City Manager met on November 2, 1998, and recommended the firm of Economic Research Associates as the first-ranked respondent; and WHEREAS, the City Manager has reviewed the responses and the recommendation of the Evaluation Committee and concurs with the Evaluation Committee's recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Administration to enter into negotiations and contract with Economic Research Associates pursuant to RFP No. 1-98/99 to provide for a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses, for an amount not to exceed $35,000. PASSED and ADOPTED this 4th day of November, 1998. ATTEST: j~r PCVt~ CITY CLERK J)/ A I MAYOR APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION Iftt~ JJJr#R CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http1:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. I bD - 92 TO: Mayor Neisen O. Kasdin and Members of the City Commission Sergio ROdrigue'7A City Manager W.- DATE: November 4,1998 FROM: SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Ranking of Proposals Received and Authorizing the Administration to Enter into Negotiations and Contract with the Number-One Ranked Firm, Economic Research Associates, Pursuant to Request for Proposals (RFP) No. 1-98/99 for a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses, for an amount not to exceed $35,000. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $35,000 (not to exceed) Funds are available from the Account Number 011.9322.000.312. BACKGROUND The City is moving forward with a plan to improve and develop the City's three municipal courses: Bayshore Golf Course; Normandy Shores Golf Course and Bayshore Par 3 Golf Course. In this regard, the City has approved on a preliminary basis, a conceptual design of the capital improvement projects required for the renovation of the three golf courses. The conceptual design and related renovations maintain the integrity of the existing design of the golf courses while enhancing some of the holes, improves drainage, expands the practice facilities providing for a driving range with two practice tees and provide for a golf school facility. To finance the renovation of the three golf courses the City seeks to evaluate the following strategies: pay-as-you-go financing; enterprise fund revenue bonds; public/private partnerships and/or other methods. AGENDAITEM~ DATE~ RFP No. 1-98/99 Page Two November 4,1998 BACKGROUND( continued) A Request for Proposal was issued on October 12, 1998, with an opening date of October 30, 1998. Twelve (12) specifications were issued, resulting in the receipt of proposals from the following three (3) firms: Economic Research Associates Moore, Stephens Lovelace, P.A. National Golf Foundation Consulting, Inc. National Golf Foundation Consulting, Inc. failed to submit the required Proposer Information and Declaration, therefore, was considered non-responsive. The scope of services requested in this RFP is as follows: The City requested proposals for a Feasibility Consultant to assist with the evaluation of the financing strategies and to develop recommendations for a preferred strategy. The evaluation components include the following: 1. A comprehensive survey and evaluation of fees charged at golf courses and facilities within southeast Florida comparable to the proposed fully renovated facilities of the City and owned or operated either by governmental agencies or privately; 2. A recommended schedule of fees including ranges for each course, by season and for all fee categories from those appropriate for a destination resort to those for year round residents; 3. Proposed alternatives for the structure and management of food and beverage operations, proshop operations, cart and equipment rentals, and other services; 4. Evaluation and recommendation of strategies for the financial participation of a single destination resort hotel or group of hotels, including alternatives appropriate for different types of financing; 5. A comprehensive forecast of prospective operating and maintenance costs for each of the facilities, including periodic maintenance and acquisition of capital equipment ;and 6. Development of alternative financing/operating strategies. RFP No. 1-98/99 Page Three November 4, 1998 BACKGROUND( continued) The feasibility consultant will work closely with the Assistant City Manager, the Finance Director and the Director of the Parks and Recreation Department to develop a financing strategy that minimizes the expenditure of General Fund capital funds and maximizes the utilization of the golf courses. Current estimates of the renovation costs based on the conceptual design for the three courses is approximately $7,000,000. Estimates to renovate the clubhouse facilities for the courses have not yet been completed but will need to be included as an integral component of the evaluation and feasibility study and strategy development. This study will be developed in two phases. The first phase would determine and assess the financial feasibility of the renovation of theses courses and the second phase, if necessary, would include expanded information necessary for financing, should that be determined to be a recommended alternative. ANALYSIS An Evaluation Committee, consisting of the following persons, met on November 2, 1998, to review and discuss the proposals: Allan Weitzel, Region 6 Manager, Miami Dade Park & Recreation Department Mayra Diaz Buttacavoli, Assistant City Manager Patricia Walker, Finance Director Kevin Smith, Director of Recreation, Culture and Parks The Proposal's were evaluated based on the experience of professionals assigned to the project; previous experience of the firm; ability to perform services within the City's schedule; and the cost proposal. The committee unanimously recommended Economic Research Associates as the top-ranked respondent because of its extensive experience with golf course feasibility studies, the experience of the proposed project team, and the ability to complete the project within an acceptable timeframe. In accordance with the terms of the RFP, the City Manager has reviewed the Evaluation Committee's recommendation and concurs with its ranking of proposals. Economic Research Associates has proposed a lump sum fee of$25,000 for Phase I and $5,000 for Phase II with reimbursable expenses not exceeding $5,000. Economic Research Associates will complete the project within eight (8) weeks of Notice to Proceed. CONCLUSION The City Commission should adopt the Resolution to negotiate and award of this contract to Economic Research Associates for an amount not to exceed $35,000. ~.sf SR:~JF:mr PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ECONOMIC RESEARCH ASSOCIATES THIS AGREEMENT made this V1~ day of N()I/~~ , 1 998 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and ECONOMIC RESEARCH ASSOCIATES, (Consultant). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: "City Manager" means the Chief Administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Consultant's Services are complete as provided in Section 4.8 of this Agreement. Fixed Fee: Fixed amount paid to the Consultant to allow for its costs and margin of profit. Project Coord i nator: An individual designated by the City to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. RFP No. 1-98/99 City of Miami Beach CITY OF MIAMI BEACH PROCUREMENT DIVISION TO: Robert Parcher City Clerk DA TE: December 10, 19~8 ,/ __ Michael A. Rath ~ d('O-L.J Assistant Procurement Director FROM: SUBJECT: Agreement For Request for Proposal (RFP) No. 1-98/99, For a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses Paragraph 3.1 and 3.2 of the above referenced Agreement have been amended by Economics Research Associates. The City is in agreement with these amendments. Please request the Mayor to initial these two (2) changes when he is executing the Agreement. Thank you for your prompt attention to this matter. " ,; Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Consultant Services as provided in Section 4.9 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if directed and authorized. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of work for this project to be performed by the Consultant is set forth in the Proposal Documents, entitled "FEASIBILITY CONSULTANT IN CONNECTION WITH THE IMPROVEMENT AND DEVELOPMENT OF THE CITY'S MUNICIPAL GOLF COURSES" (Services). ~ SECTION 3 COMPENSATION 3.1 FIXED FEE Owner shall pay Consultant for performance of the Work in accordance with the Proposal Documents in current funds at the h::11"11p sum prices presented in the Proposal, attached to this Agreement. ~. ' v W)#/I' 3.2 METHOD OF PAYMENT Owner shall pay Consultant for performance of the Work in accordance with the Proposal Documents in current funds at the 'IUlIIP :.UT'II prices presented in the Proposal, attached to this Agreement. ~ .' CffJJ$IJ -2- SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a publ ic entity, may not submit a bid on a contract with a publ ic entity for the construction or repair of a public building or public work, may not submit bids 0[1 leases of real property to publ ic entity, may not be awarded or perform work as a contractor, suppl ier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provicted in See. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 4.3 PROIECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT This Agreement shall remain in force until all work be specified has been completed. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of this Agreement and Consultant shall adhere to the completion schedule as shall be determined by the City and Consultant. A reasonable extension of time shall be granted in the event the work of the Consultant -3- is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. 4.6 NOTICE TO PROCEED Unless otherwise directed by the City, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse shall be approved by the City. 4.8 INDEMNIFICA TION Consultant agrees to indemnify and hold ha;mless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to,-attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors; omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total Compensation to the Consultant for performance of this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. -4- 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following Insurance: 1. Consultant's Professional Liability in the amount of $300,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Certificate must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the CLty's Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B +" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. -5- 4.9.1 ENDORSEMENTS All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.9.2 CERTIFICATES Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 TERMINATION. SUSPENSION AND SANCTIONS 4.10.1 Termination for Cause If through any cause ~ithin the reasonable control of the Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prep,ared by the Consultant and its subcontractors shall be properly delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the City from the Consultant is determined. 4.10.2 Termination for Convenience of City The City may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination -6- notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the C(')nsultant upon a Termination as provided for in this Section. 4.10.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. 4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2. 4.10.5 Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City; which consent, if given, shall be at the sole and absolute discretion of the City. 4.12 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub- -7- consultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. All sub-consultants must be approved in writing prior to their engagement by Consultant. 4.13 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON- DISCRIMINATION POLICY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticesh i p. Consultant agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101- 336, 104 Stat 327, 42 U.S.e. 12101-12213 and 547 U.s.e. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.s.c. Section 794. The Federal Transit Act, as amended: 49 U.S.c. Section 1612. The Fair Housing Act as amended: 42 U.s.e. Section 3601-3631. Consultant must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non- compliance with the provisions of the Affidavit" the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to -8- Consultant under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of Consultant's breach of the Agreement. 4.14 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. , 4.15 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.16 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: -9- TO CONSULTANT: Economic Research Associates 388 Market Street Suite 1580 San Francisco, CA 94111 Telephone (415) 956-8152 Facsimile (415) 956-5274 TO CITY: City of Miami Beach City Clerk 1 700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7411 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7470 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.17 LITIGATION IURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida. 4.18 ENTIRETY OF AGREEMENT This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services is hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid -10- unless amended in Writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State of Florida. 4.19 LIMITATION OF CITY'S LIABILITY . The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $25,000.00. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $25,000.00 less the amount of all funds actually paid by the City to Consultant pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $25,000.00 which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. APPROVED AS TO E.QRM & LANGUAGE FOR CITY: CITY OF MIAMI BEACH, FLORIlf:\FOR EXECUTION :~E~ ~~~ City Clerk By: If/A Mayor ~ft! ~ FOR CONSULTANT: ECONOMIC RESEARCH ASSOCIT AES ~~ ;;?j;;: > . Secretary / President ATTEST: By: Corporate Seal: -11- Economics Research Assoc:ia~e$ Facsimile Date: November 19, 1998 To: Ms. Trish Walker FAX: 305-673-7795 From: J on Peterson RE: cc: Number of pages including cover sheet: 15 Message Dear Trish, Revised proposal attached. I will delay sending a final copy until I hear from you. However, please call me on Friday to confirm acceptance and schedule. I need to purchase my airline ticket by tomorrow night to lock- in the reduced airfare. Greg and I are both looking forward to assisting the City on this project! Best regards, ct- A4-.~ Jon H. Peterson Senior Associate 388 Marlcet Street, Suite 1580 San Francisco, CA 9"111 (41$) 956-8152 FAX (41 S) 9S6.SZi4 Www.ec:onres.c:om ERA is affiliateG with Ori.....ra: :Jon." !.os Angeles San Francisco $~n Oiego Chic:a$Jo Washington DC !.oodon Economics Research Associates November 19, 1998 Mr. Michael Rath, CPPB City of Miami Beach, Procurement Division 1700 Convention Center Drive, Third Floor Miami Beach. Florida 33139 Phone: 305-673-7490 ERA Proposal #: 36552r Fax: 305-673-7851 Dear Michael: In response to the City's Request for Proposals (RFP) and subsequent discussions with Trish Walker, Economics Research Associates (ERA) is pleased to submit the following revised proposal to examine potential future market support for the City's public golf COUISes and to evaluate possible development and mm1~gemen[ options. Specifically, under the tenns of this pro~ ERA would: 1. Review the physical and operating chmcteristics of each the City's three existing golf facilities; 2. Examine proposed improvements to each of these golf facilities; 3. Conduct a detailed analysis of the regional public golf market, examining the physical and operating characteristics of comparable public-access golf courses in southeastern Florida, and evaluating demand from visitors, residents, and other sources; 4. Evaluate potential future market support for the City's renovated golf facilities; 5. Provide operations and market positioning recOmm.endatioILS; and 6. Project future financial performance for the entire golf system and each of the three courses within the system. ERA's analysis will conclude with specific recommendations regarding the most appropriate development and operations structure. If, based on ERA's analysis or 388 Mllrket Street SUlt<l1580 S"n I'(anci~<:o. CA, 94111 415.956.8152 FAX.1 5.956.5274 Www, "r"sf,com/e,~:d ERA i. .44....<~d with D.h.~.S JOn.. LoS ""11"'''5 S... Francisco San Oi"90 Chic"'90 W",shin9to,., DC Lo"'don Mr. Michael Rath 19 Nov~mber 1998 Page 2 other factors, the City elects to issue Requests for Proposals to either developer/operators or golf management firms, ERA will also assist the City by providing the City with: (1) a list of recommended finns; and (2) suggested criteria to include in the RFP. Although not included under this proposal, upon request, ERA would also be pleased to submit a separate proposal upon completion of this assignment to: (1) help the City evaluate proposals from either developer/operators or management firms; and (2) negotiate a final contract with the selected firm. Based. on our review of the RFP, we understand that the City presently owns three municipal golf courses: Bayshore, Normandy Shores, and Bayshore Par 3. The RFP also states that the City has approved on a preliminary basis a conceptual plan for capital improvements required for the renovation of these three golf courses. According to the RFP, this renovation would maintain the integrity of the existing designs, while enhancing certain holes). improving drainage, and expanding the practice facilities. Preliminary estimates place capital improvement costs at approximately $7 million, but clubhouse improvement cost estimates have not yet been completed. Based on our review of the RFP, we understand that the City now wishes to retain a qualified feasibility consultant to conduct a market and financial analysis, assist with the evaluation of finance strategies, and develop recommendations for a preferred strategy. We believe that ERA is uniquely qualified to assist the City in this analysis. ERA's Qualifications, proposed Scope of Services, proposed Timing, requested Fees, and proposed Project Staffing are smnmarized below. QUALIFICATIONS Economics Research Associates (ERA) is a diversified consulting firm founded in 1958 which provides a wide range of research services in economics, finance, and market analysis. ERA has :five offices located in the United States and one office located in London. The firm's principal areas of expertise are golf. recreation and resort planning and economics, as well as real-estate and land use strategies for public agencies. Over the past 40 years, ERA has completed over 12,500 assignments for public and private sector clients, and now completes 50 to 75 golf and golf-related analyses each year. ERA is the largest and most experienced golf economics consulting firm in the United States. ERA's clients include municipalities and other public agencies, as well as private developers, financial institutions, golf comse operators, and public/private joint ventures. ERA's assignments in the golf industry include market Economics Research Associates Mr. Michael Rath 19 November 1998 Page 3 and financial analyses, forecasts of golf course performance~ appraisals, operations audits, evaluations of lease arrangements, and evalillltions of capital investment strategies and alternatives. Please refer to ERA's attached Golf Qualifications and list of new golf courses recently developed or presently under COnstruction based on ERA studies. ERA takes pride in providing the highest quality and most thorough golf course feasibility studies and operations audits available. We have observed that many golf course consulting firms rely primarily on demographic analyses and published data on participation rates. ERA uses the demographics approach only as a secondary test of the market Om primary investigation involves an in-depth study of comparable courses in the market area and surrounding regions. We analyze trends in rounds played on courses in the area, course quality. course location, course maintenance and operation budgets, greens fees, revenues, development costs, and other important factors. Moreover, we also carefully examine the likelihood of proposed new courses opening in the market. Based on this analysis, as well as the characteristics of the subject site (location, attractiveness, etc.) and the characteristics of the existing or planned subject facility (course quality, surrounding land ~ market positioning. etc.). we are able to project likely futUre financial perfonnance. Importantly, ERA also offers more than two decades of experience in Florida. J. Richard McElyea, Executive Vice President, would serve as the principal in charge of this assignment Mr. McElyea offers more than 40 years consulting experience and is widely recognized. as one of the foremost experts on golf economics. He also completed a redevelopment study for the City of Miami Beach in the 19705. He would be assisted by Greg Cory, Vice President Mr. Cory previously headed ERA's former Florida office and has completed numerous golf studies in southeast Florida. including studies in Hollywood, Key West, Pembroke Pines, and Boynton Beach. Either Jon Peterson, Senior Associate, Bill Brandon, Senior Associate, or Rich Warfel, Senior Associate, would assist Mr. McElyea. and Mr. Cory. All three specialize in golf economics, and all three have conducted. golf studies in Florida in recent years. Resumes are enclosed. PROPOSED SCOPE OF SERVICES Our proposed Scope of Services includes four phases: I. An examination of the subject facilities, planned improvements. regional golf market, and management and finance options; 2_ ERA's recommendations concerning market positioning and management structure; Economics Research Associates Mr. Michael Rath 19 November 1998 Page 4 3. ERA's financial projections for each of the three facilities and the entire golf system; and 4. ERA's recommendations regarding the most appropriate development and management option for the City, as well as recommendations regarding qualified firms and RFP criteria. ERA's proposed Scope of Services is detailed below. Phase One: Orientation and Analysis of Subject Fadliti.es, Planned Improvements, Golf Market Conditions, and Management Options Task 1: Orientation Session ERA. will meet with representatives from the City in order to gain a full understanding of the City's near and long range objectives, other possible concerns, and options regarding the renovation and expansion of the three golf facilities. Key issues relating to the study will be identified, and we will obtain past work relating to prOposed renovations and any relevant information or reports the City possesses regarding regional demographics or the local golf market. Task 2: Analysis of the Three Existing Golf Facilities ERA 'Will inspect each of the three existing golf facilities from a marketing perspective, focusing on: L Site characteristics (size, configuration, topography, vegetation, other features, overall attractiveness, and surrounding land uses); 2. Quality and market appeal of the existing facilities (course layout and conditioning, length, clubhouse characteristics, ete); and 3. Location and access issues. Following each inspection, ERA will conduct a detailed interview with the Director of Golf and/or Head Professional at each facility to gather detailed data on each facility. ERA. will gather data concerning both physical characteristics (age, me of facilities, etc.) and operating characteristics (play levels> seasonality> sources of play, fee structures, revenues by department, maintenance and operating costs> etc.) for both facilities. Economics Research Associates Mr. Michael Rath 19 Novembet-l998 Page 5 Task 3: Analysis o/tlte Planned Renovations and Improvements In conjunction with the analysis of the existing facilities. ERA will review planned renovations and improvements at each facility. This will include a review of planned golf course renovations, expansions of practice facilities, and other improvemen~ such as clubhouse improvements. Task 4: Market Area DefinitWn and Demographic Review ERA will define an appropriate market area for the three golf courses after renovations and improvements are complete based upon: 1) reported play patterns at the existing facilities; 2) the locations of the three facilities; 2) population concentrations and socio-economic characteristics; 3) major roads and drive-times; 4) current golfer driving patterns in the region; 5) the locations of other existing golf courses in the area; 6) probable new courses opening in the region, and their planned locations and m~et positionings; and 7) the desired market positioning for the three courses after renovations and improvements, including any discounts or special privileges that will be offered to City residents. ERA will then gather detailed data for this ~on regarding population size, population distnbution, and demogr3phic profile. ERA will then analyze these data in order to gain a better understanding of the characteristics of demand for public golf in the region and potential demand for the three facilities following renovations and improvements. Among others. factors analyzed would include: · Historic population, current population, and projected growth rates. · Demographic characteristics, such as incom~ age and other household characteristics that will affect golf play propensities. · Present employment and projected employment growth. · Geographic distribution of population and jobs within the region by segment. Task 5: Analysis o/Comparable Public Gal/Courses A critical component of this analysis will be an in-depth examination of existing public-access golf courses located throughout the market area. This will include a review of municipal golf facilities, privately owned daily-fee golf courses. and, if relevant, semi-private golf facilities. It could also include additional comparable courses located outside of the market area, if appropriate. Based primarily on in-depth field research, ERA will determine the following for each Economics Research AssociaIes Mr. Michael Rath 19 November 1998 Page 6 potentially competitive course in the market area; · Owner, operator, and age. · Overall cowse quality including course architect. course setting. slope rating and course conditioning. · Overall quality and size of other physical facilities including the clubhouse, golf practice facilities, and any other facilities. · Greens fees, cart fees and other fees. · Annual roWlds by type, and trends in annual play levels. · Accessibility and sources of play by area. · Number- of group outing or tournament rounds, and banquet revenues. · Weekday versus weekend play patterns where available. · 'Where available, annual revenues from greens f~ cart rentals, driving range, pro shop, food-and-beverage operations, and other major departments. · Where available, annual expenditures on comse maintenance and course operations. · If available, development costs for newer courses in the area. · Where relevant, the likelihood of existing comses converting to residential, commercial, or industrial uses, or of-public courses converting to private courses (or vice versa). Task 6: Analysis of Proposed GO/fCoursBS Based on interviews with county and city planning department personnel, local golf course managers, local developers, and other persons knowledgeable about new courses proposed in the area, ERA will investigate and update the following regarding proposed competitive golf courses in the area: · The number of new cowses proposed or under construction in the region. · The number of courses approved or likely to be approved in the region. · Speciflc project information including developer, location, type of golf cowse and any other related planned developments such as residential housing or a hotel. Economics Research Associates Mr. Michael Rath 19 November 1998 Page 7 . The likely positioning of the golf course in the market. . Any demand "interception" potential a proposed course may have over any or all of the three subject facilities due to location or other reasons. This will include an investigation of all types of proposed new public-access golf facilities, including both publicly owned and privately owned facilities. ERA will also seek to identify and evaluate any relevant proposals to :renovate or redesign existing golf facilities in the region. This task will conclude with an overall assessment of the anticipated competitive market. Task 7: Estimation ofPotentUd Golf Demand in the Market Area ERA will quantitatively examine the supply-and-demand relationship for public golf in the defined market area, providing an indication of current and anticipated future market support for public golf courses in the area. This will include an analysis of potential demand from both area residents and visitors (including seasonal residents). Utilizing published data and ERA's local research experience, propensity to play will be established and compared to accepted norms for golf demand. This analysis will indicate total current and anticipated. future demand for public-access golf facilities in the market area. This estimation of current and anticipated future potential demand will be compared with total play on existing public golf courses in the marl<:et area and anticipated play on new courses that are likely to open in the market area in the near future. Task 8: Review of Management and Development Options Based on management and development options available to the City and ERA's industry knowledge, ERA would identify and evaluate relevant management and development options. The most appropriate and attractive development and management structures would be selected based. on a variety of factors, including but not limited to: · The objectives of the City; · The recommended market positioning (discussed below); . Any special limitations or unique characteristics of the City's golf system; and · The projected system-wide financial performance (discussed below). Thus, it would be necessary to formulate recommendations regarding the most appropriate development and management structures in conjunction with Economics Research Associates Nfr. .Michael Rath 19 November 1998 Page 8 recommendations regarding market positioning and projections regarding future financial performance. Phase Two: Market Positioning and MalUlgement RecommendatioflS Task 1: Market Positibning Recommendations ERA will provide recommendations regarding general market positioning for each of the three subject facilities after renovations. Included in these recommendations will be recommended reservations policies (and possibly preferences) and greens fee. structures for each facility, including recommended resident/non-resident pricin& seasonal pricing, twIlight discounting, and other pricing. ERA will also recommend general pricing and management policies concerning carts and use of the driving range. Market positioning recommendations will also address a variety of other issues, including but not limited to golf course conditionin~ clubhouse size and quality, and food.-and-beverage facilities and character. These recommendations would be based on: · The objectives of the City, the characteristics of the three existing facilities and sites (including distance from golfing populations), and the characteristics of the local population. · The operating characteristics of comparable courses in the region. · ERA's analysis of potential demand for public golf in the market area and the projected supply and quality of public golf comses (including daily-fee, municipal courses, and semi-private courses). This would include ERA's estimate of the number of additional supportable public golf courses. · The level of development that is financially feasible given the marlcet support. · Any under-served market niches that ERA. might identifY in the market If desired, as part of this task, ERA could also comment on the City's existing renovations plan. Task 1: Management Structure Recommendations In addition to recommending the most appLopllate marlcet positioning for the subject golf facilities, as noted above, ERA would also recommend the most appropriate management structure. This recommendation would be based on a host of factors, including but not limited to the objectives of the City, the anticipated characteristics of the renovated golf faciliti~ the characteristics and historic Economics Research Associates Mr. Michael Rath 19 November 1998 Page 9 performance of the eXIstmg management structure, and the anticipated financial performance and debt requirements of the renovated. golf facilities. ERA offers a great deal of experience in examining the relative strengths and weaknesses of various management and development options. Task 3: Evaluation and Recommendations Regarding Potential Hotel and Resort Pttrti.dpation ERA 'Will also investigate the possibility of seeking financial participation from a nearby hotel, resort, or group of hotel properties. Most likely, such participation would occur in exchange for play privileges or other inducements. Included in this task will be determining the degree to which existing and/or proposed hotels or resorts in the region desire improved access to golf, and identifying appropriate hotel or resort properties. This 'Will be determined based on interviews with directors of sales at local hotel properties and discussions with other knowledgeable sources. ERA's recommendations will be formulated in conjunction with. recommendations concerning market positioning and management structure, as well as projections concerning financial performance and recommendations regarding the most appropriate source of financing. Thus, ERA's recommendations will reflect the specific needs and requirements of the recommended management structure. market positioning, and finance option. These recommendations will also reflect the stated objectives of the City and any potential conflicts such an arrangement could pose with resident golfers. Phase Three: Financial Analysis Based upon the market analysis and recommended market positioning and management structure, ERA will complete a pro-forma financial analysis of the entire golf system, which will include the following components: Task 1: Project Rounds, Sources of Play and Operating Revenues ERA will recommend appropriate market positionings and fee structures for each of the three renovated golf faciliti~ and then formulate detailed ten-year pro forma financial projections for each of the three renovated golf facilities. These projections will be based on a variety of factors, including but not limited to: (1) historic play levels and revenues at the three subject facilities; (2) actual play levels and revenues at other comparable courses in the market area; (3) industry standards; (4) the specific characteristics of the subject sites; (5) anticipated facility characteristics after the planned renovations; and (6) our knowledge of the golf industry. Based on these and other facto~ ERA will project the following for each of the three subject golf Economics Research Associates Mr. Michael Rath 19 November 1998 Page 10 facilities after renovations are complete: 1. Seasonal and annual play levels (by source of play); and 2. Operating revenues (by department, including greens fees, cart fees, driving rang~ food and beverage, and merchandise sales). Allowances for weekday I weekend pricing and any discounts will be included. Task 2: Project Future Operating Expenses Operating expense projections will be based primarily on current maintenance and operations costs (and/or budgets) at the three subject facilities and at other comparable golf courses in the market area. Projected costs will be adjusted to reflect anticipated changes in market positioning and changes in maintenance costs (associated with more intricate designs and other features). ERA will also consider any potential significant changes resulting from a new mazket positioning or management structure. ~ Operating expenses will consist of the following components: golf course maintenance, water, utility costs, replacement reserve, golf operations (carts, starters, pro shop staff: marshals), gene:rnl and administrative expenses, and. .others as appropriate. Task 3: Projection of Net Operating Income before Debt Service ERA's analysis will culminate in the generation of a ten-year pro-fonna projection of Net Operating Income before debt service for the entire golf system. This projection will be based on tasks 1 and 2 (as described above), and will be presented both with and without inflation. It should be noted that up to three iterations of the financial analysis could be provided on a pre-tax, pre--debt basis. If desired, additional iterations, or other" customizations," can be provided on a time and expenses basis. The final product from the fiISt three phases will be a complete market and financial analysis suitable for presentation to a prospective lender or rating agency. Economics Research Associates 1ir. Michael Rath 19 November 1998 Page 11 Phase F(Jur: DeveIopmentIManagement Rec(Jmmendations and Ass(Jciated Assistance At the conclusion of Phase Three, based on the results of ERA's analysis and the City's objectives, ERA will formulate and summarize development and m~oement recommendations. Municipalities in similar situations typically elect to either. 1. Enter into a ground lease contract with a developer/operator, who would finance and oversee facility renovations and then operate the facilities; 2. Finance renovation costs (utilizing a bond offering, City fimds, or other sources) and then retain a golf course management firm to operate the facilities (typically contracts include a base fee plus incentive component); or 3. Finance facility renovations and then manage and operate the facilities themselves (hiring qualified staff to oversee, operate, and maintain the facilities). If the City elects to pursue either of the first two alternatives, ERA wouIdassist the City by providing a list of qualified and. recommended firms to receive Requests for Proposals. ERA would also provide the City with a list of criteria to include in the RFP. ERA's list of recommended firms and recommended RFP criteria will be presented under separate cover. PROPOSED STAFFlNG ERA will connnit its most experienced Staff to this assignment. Greg Cory, Vice President, will serve as the principal in charge of this assignment Jon Peterson, Senior Associate, will serve as project manager. J. Richard McElyea, Executive Vice- President and head of ERA's golf practice, and Gene Krekorian, Vice President, will also provide key assistance. REQUESTED FEES AND PROPOSED TIMING ERA commits to provide the services described above (phase One through Four) for professional fees not-t~ceed twenty-five thousand dollars ($25,000). These fees are for professional fees only, and reimbursable costs associated with travel, report production, telephone and research material will be billed in addition. ERA will seek to limit these costs wherever possible, including utilizing advancc>pmchase airline tickets. Economics Research Associates Mr. Michael Rath 19 November 1998 Page 12 If ERA.' s market and financial feasibility study is used as part of a bond offering or if the study is referenced in a bond offering. it will be necessary for ERA's legal counsel to review the document. If this is the case, additional fees will be charged on a time-and-expense basis_ Moreover, additional work completed by ERA (associated with review of the P.O.S. and the O.S., and revisions resulting from the legal review) will be completed on a time-and-expense basis. Typically, professional costs for such a review associated with a bond offering total approximately $4,000 to $5,000. ERA is prepared to initiate work on this project immediately, and could commence field research on the week of December 6th. Preliminary financial projections could be provided by Christmas, and ERA could provide a complete drn.ft version of the report by January 15th. We understand that the City utilizes a standard service agreement, and that ERA's proposal will be inCOIpOrated into this standard service agreement. We also tmderstand the City does not issue retainers, but rath~ pays according to the percentage of contract completed. Based on the timing described above, ERA would suggest invoicing for $18,000, plus accrued expenses, on December 31, 1998, with the balance of fees and expenses billed on January 30, 1999 (or upon presentation of the .final document, whichever occurs first). Should ERA discover any conditions during the course of its analysis that could adversely affect the project, these wottld be brought to your immediate attention and all work would cease pending your further instructiOIlS. Similarly, you retain the right to terminate the project at any time. If the Client elects to terminate the project at any point in time, only professional fees and expenses incmred as to the date of termination, plus reasonable costs of terminating the project, would be due and payable. The attached Standard Proposal Addendum is an integral part of this proposal. Economics Research Associates .MI. Michael Rath 19 November 1998 Page 13 ACCEPTANCE If this proposal is acceptable to you, please indicate so by signing. and returning one copy to the San Francisco office of ERA. We understand that the standard service agreement may come lUlder separate cover. If you require any modifications to this proposal, please let US know. Vice President J- ~-@r- Jon H. Peterson Senior Associate Enclosures! Attachments: Proposal Addendwn Accepted By: Date: Economics Research Associates STANDARD PROPOSAL ADDENDUM It is understood by the client that Economics Research Associates (ERA) can make no guarantees concerning the recommendations that wiD result fi:'Om the proposed assignment. since these recommendations must be based upon facts discovet'ed by ERA during the course of the study and those conditioos existing as of the date of the report To protect you and other clientS. and to ensure that the research results of ERA's work Will cootinu.e to be accepted as objective and impartial by the business community. it is understocxl that our fee for rhe undertaking of Ibis project is in no way depe:txtent upon the specific conclusions reached or the narure of the advice given by us in our repa:t to you. It is agreed by the client that the report is not to be used in c:orgunction with any public or private offering of ~ or equity securities without pria- written consent.. It is further agreed that the client will jndemnify ERA against any losses. claims. damages and liabilities under fedeml and state securities Jaws which may ariSe as a result of statements or omissions in public cr private offerings of securities. It is agreed by the client that payment fOl" the services of ERA is due upon receipt of the invoice; that full payment is due upon receipt of tile completed report; and that ERA has the right to withhold delivery of the final report pending receipt of any overdue paymentS. In the event any invoice is not paid within 30 days after rendering of the invoice it sbaII commence bearing interest on the date the invoice was rendered at the rate of 18 percent pet annum (or such lessa- rare as may be the maximum interest permiSsible UDder applicable law) and the client agrees to pay all acaued interest. togethet with the charges for setVices rendered as provided for in this agreement. In addition, should an unpaid invoice be referred to OUt' attorneys foe collectioo. the client agrees to pay tl:1cil" reasooable fee for such work. as well as any costs of suit which may be incurred. It is further agreed by tile client that the report will be presented to third parties in its entirety and that no abstracting of the report will be made without first obtaining the permission of ERA It is understood by ERA that the findings of this report are the proprietary property of the client and they will not be made available to any Olher organization or individual without the consent of the cliem. This proposal Will remain in force for a period of 60 days from the date shown hereon. Economics Research Associates RFP NO.1 -98/99 PROPOSAL TO ASSIST THE CITY OF MIAMI BEACH EVALUATE MARKET SUPPORT AND DEVELOPMENT ALTERNATIVES CONCERNING THE PROPOSED RENOVATION OF THE CITY'S THREE PUBLIC GOLF FACILITIES Prepared for The City of Miami Beach, Procurement Division Submitted by Economics Research Associates October 29, 1998 ERA Proposal No. 36552 . I r I ~i ': Ii: ERA i.. .lffilidt'..d vvith O,-;v,.'r~ Jon.ls (Ji),; ,1 1 :") _ i ~j \-~ } 01 "I/f.,. .', Lo~ Arlgele.. S.ln Francisco San Diego C h j C .1 q 0 D .) II il S W .1 S h j n 9 ton DeL 0 n don Economics Research Associates October 29, 1998 Mr. Michael Rath, CPPB City of Miami Beach, Procurement Division 1700 Convention Center Drive, Third Floor Miami Beach, Florida 33139 Re: Golf System RFP ERA No. 36552 Dear Michael, This document includes the following components: . ERA's proposal; . Relevant ERA resumes; . ERA's bibliography of selected relevant projects; . ERA's Golf Qualifications; and . Copies of required forms and articles. I have also enclosed the original (completed and notarized, where applicable) forms forwarded to ERA in conjunction with the RFP, including the Vendor Application form along with a check for $20. I have also enclosed five copies of ERA's golf brochure and one copy of ERA's corporate brochure. Please do not hesitate to call if you have any questions. Sincerely, *)j.~ :r6n H. Peterson Senior Associate 36552l.doc lP Enclosures 388 Market Street SUite 1580 San FranCISco, CA 94111 415 956 8152 FAX 415 956 5274 www.erasf corn/erasf ERA is affiliated 'Nith Drivers Jonas Los Angeles San Francisco San Diego Chicago Washington DC London PROPOSAL Economics Research Associates October 29, 1998 Mr. Michael Rath, CPPB City of Miami Beach, Procurement Division 1700 Convention Center Drive, Third Roor Miami Beach, Rorida 33139 Phone: 305-673-7490 305-673-7851 ERA Proposal #: 36552 Fax: Dear Michael: In response to the City's Request for Proposals (RFP), Economics Research Associates (ERA) is pleased to submit the following proposal to examine potential future market support for the City's public golf courses and to evaluate possible fmance options to pay for proposed improvements to these courses. Specifically, under the terms of this proposal, ERA would: 1. Review the physical and operating characteristics of each the City's three existing golf facilities; 2. Examine proposed improvements to each of these golf facilities; 3. Conduct a detailed analysis of the regional public golf market, examining the physical and operating characteristics of comparable public-access golf courses in southeastern Rorida, and evaluating demand from visitors, residents, and other sources; 4. Evaluate potential future market support for the City's renovated golf facilities; 5. Provide operations and market positioning recommendations; 6. Project future fmancial performance for the entire golf system and each of the three courses within the system; and 7. Evaluate relevant fmance options - including possible public/private partnerships -- and determine which option is most attractive for the City. 388 Market Street SUite 1580 San FranCISco, CA 94111 4159568152 FAX 415 956 5274 www eras! com/eras! ERA is affiliated vvith Drivers Jonas Los Angeles San Francisco San Diego Chicago Washington DC London Mr. Michael Rath 29 October 1998 Page 2 Based on our review of the RFP, we understand that the City presently owns three municipal golf courses: Bayshore, Normandy Shores, and Bayshore Par 3. The RFP also states that the City has approved on a preliminary basis a conceptual plan for capital improvements required for the renovation of these three golf courses. According to the RFP, this renovation would maintain the integrity of the existing designs, while enhancing certain holes, improving drainage, and expanding the practice facilities. Preliminary estimates place capital improvement costs at approximately $7 million, but clubhouse improvement cost estimates have not yet been completed. Based on our review of the RFP, we understand that the City now wishes to retain a qualified feasibility consultant to conduct a market and fmancial analysis, assist with the evaluation of tinance strategies, and develop recommendations for a preferred strategy. We believe that ERA is uniquely qualified to assist the City in this analysis. ERA's QuaWications, proposed Scope of Services, proposed Timing, requested Fees, and proposed Project Staffmg are summarized below. QUALIFICA TIONS Economics Research Associates (ERA) is a diversitied consulting fIrm founded in 1958 which provides a wide range of research services in economics, fmance, and market analysis. ERA has five offices located in the United States and one office located in London. The firm's principal areas of expertise are golf, recreation and resort planning and economics, as well as real-estate and land use strategies for public agencies. Over the past 40 years, ERA has completed over 12,500 assignments for public and private sector clients, and now completes 50 to 75 golf and golf-related analyses each year. ERA is the largest and most experienced golf economics consulting fIrm in the United States. ERA's clients include municipalities and other public agencies, as well as private developers, financial institutions, golf course operators, and public/private joint ventures. ERA's assignments in the golf industry include market and fmancial analyses, forecasts of golf course performance, appraisals, operations audits, evaluations of lease arrangements, and evaluations of capital investment strategies and alternatives. Please refer to ERA's attached Golf Qualifications and list of new golf courses recently developed or presently under construction based on ERA studies. ERA takes pride in providing the highest quality and most thorough golf course feasibility studies and operations audits available. We have observed that many golf course consulting firms rely primarily on demographic analyses and published data on participation rates. ERA uses the demographics approach only as a secondary test of the market. Our primary investigation involves an in-depth study of Economics Research Associates Mr. Michael Rath 29 October 1998 Page 3 comparable courses in the market area and surrounding regions. We analyze trends in rounds played on courses in the area, course quality, course location, course maintenance and operation budgets, greens fees, revenues, development costs, and other important factors. Moreover, we also carefully examine the likelihood of proposed new courses opening in the market. Based on this analysis, as well as the characteristics of the subject site (location, attractiveness, etc.) and the characteristics of the existing or planned subject facility (course quality, surrounding land use, market positioning, etc.), we are able to project likely future financial performance. Importantly, ERA also offers more than two decades of experience in Florida. J. Richard McElyea, Executive Vice President, would serve as the principal in charge of this assignment. Mr. McElyea offers more than 40 years consulting experience and is widely recognized as one of the foremost experts on golf economics. He also completed a redevelopment study for the City of Miami Beach in the 1970s. He would be assisted by Greg Cory, Vice President. Mr. Cory previously headed ERA's former Rorida office and has completed numerous golf studies in southeast Rorida: including studies in Hollywood, Key West, Pembroke Pines, and Boynton Beach. Mr. McElyea and Mr. Cory would be assisted by either Jon Peterson, Senior Associate, Bill Brandon, Senior Associate, or Rich Warfel, Senior ASsociate. All three specialize in golf economics, and all three have conducted golf studies in Florida in recent years. Resumes are enclosed. PROPOSED SCOPE OF SERVICES Our proposed Scope of Services includes four phases: 1. An examination of the subject facilities, planned improvements, regional golf market, and management and fmance options; 2. ERA's recommendations concerning market positioning and management structure; 3. ERA's fmancial projections for each of the three facilities and the entire golf system; and. 4. An evaluation of the selected finance options and ERA's recommendations regarding the most appropriate option for the City. Depending on which tinance option appears most appropriate, it may be necessary to conduct additional work, as discussed below. ERA's proposed Scope of Services is detailed below. Economics Research Associates ERA I Mr. Michael Rath 29 October 1998 Page 4 Phase One: Orientation and Analysis of Subject Facilities, Planned Improvements, Golf Market Conditions, and Management and Finance Options Task 1: Orientation Session ERA will meet with representatives from the City in order to gain a full understanding of the City's near and long range objectives, other possible concerns, and options regarding the renovation and expansion of the three golf facilities. Key issues relating to the study will be identified, and we will obtain past work relating to proposed renovations and any relevant information or reports the City possesses regarding regional demographics or the local golf market. Task 2: Analysis of the Three Existing Golf Facilities ERA will inspect each of the three existing golf facilities from a marketing perspective, focusing on: 1. Site characteristics (size, configuration, topography, vegetatiop., other features, overall attractiveness, and surrounding land uses); 2. Quality and market appeal of the existing facilities (course layout and conditioning, length, clubhouse characteristics, etc.); and 3. Location and access issues. Following each inspection, ERA will conduct a detailed interview with the Director of Golf and/or Head Professional at each facility to gather detailed data on each facility. ERA will gather data concerning both physical characteristics (age, size of facilities, etc.) and operating characteristics (play levels, seasonality, sources of play, fee structures, revenues by department, maintenance and operating costs, etc.) for both facilities. Task 3: Analysis of the Planned Renovations and Improvements In conjunction with the analysis of the existing facilities, ERA will review planned renovations and improvements at each facility. This will include a review of planned golf course renovations, expansions of practice facilities, and other improvements, such as clubhouse improvements. Task 4: Market Area Definition and Demographic Review ERA will defme an appropriate market area for the three golf courses after renovations and improvements are complete based upon: 1) reported play patterns at Economics Research Associates Mr. Michael Rath 29 October 1998 Page 5 the eXlstmg facilities; 2) the locations of the three facilities; 2) population concentrations and socio-economic characteristics; 3) major roads and drive-times; 4) current golfer driving patterns in the region; 5) the locations of other existing golf courses in the area; 6) probable new courses opening in the region, and their planned locations and market positionings; and 7) the desired market positioning for the three courses after renovations and improvements, including any discounts or special privileges that will be offered to City residents. ERA will then gather detailed data for this region regarding population size, population distribution, and demographic profile. ERA will then analyze these data in order to gain a better understanding of the characteristics of demand for public golf in the region and potential demand for the three facilities following renovations and improvements. Among others, factors analyzed would include: . Historic population, current population, and projected growth rates. . Demographic characteristics, such as income, age and other household characteristics that will affect golf play propensities. . Present employment and projected employment growth. . Geographic distribution of population and jobs within the region by segment. Task 5: Analysis of Comparable Public Golf Courses A critical component of this analysis will be an in-depth examination of existing public-access golf courses located throughout the market area. This will include a review of municipal golf facilities, privately owned daily-fee golf courses, and, if relevant, semi-private golf facilities. It could also include additional comparable courses located outside of the market area, if appropriate. Based primarily on in-depth field research, ERA will determine the following for each potentially competitive course in the market area: . Owner, operator, and age. . Overall course quality including course architect, course setting, slope rating and course conditioning. . Overall quality and size of other physical facilities including the clubhouse, golf practice facilities, and any other facilities. . Greens fees, cart fees and other fees. . Annual rounds by type, and trends in annual play levels. . Accessibility and sources of play by area. Economics Research Associates Mr. Michael Rath 29 October 1998 Page 6 . Number of group outing or tournament rounds, and banquet revenues. . Weekday versus weekend play patterns where available. . Where available, annual revenues from greens fees, cart rentals, driving range, pro shop, food-and-beverage operations, and other major departments. . Where available, annual expenditures on course maintenance and course operations. . If available, development costs for newer courses in the area. . Where relevant, the likelihood of existing courses converting to residential, commercial, or industrial uses, or of public courses converting to private courses (or vice versa). Task 6: Analysis of Proposed Golf Courses Based on interviews with county and city planning department personnel, local golf course managers, local developers, and other persons knowledgeable about new courses proposed in the area, ERA will investigate and update the following regarding proposed competitive golf courses in the area: . The number of new courses proposed or under construction in the region. . The number of courses approved or likely to be approved in the region. . Specific project information including developer, location, type of golf course and any other related planned developments such as residential housing or a hotel. . The likely positioning of the golf course in the market. . Any demand "interception" potential a proposed course may have over any or all of the three subject facilities due to location or other reasons. This will include an investigation of all types of proposed new public-access golf facilities, including both publicly owned and privately owned facilities. ERA will also seek to identify and evaluate any relevant proposals to renovate or redesign existing golf facilities in the region. This task will conclude with an overall assessment of the anticipated competitive market. Economics Research Associates Mr. Michael Rath 29 October 1998 Page 7 Task 7: Estimatioll of Potential Golf Demand in the Market Area ERA will quantitatively examine the supply-and-demand relationship for public golf in the de tined market area, providing an indication of current and anticipated future market support for public golf courses in the area. This will include an analysis of potential demand from both area residents and visitors (including seasonal residents). Utilizing published data and ERA's local research experience, propensity to play will be established and compared to accepted norms for golf demand. This analysis will indicate total current and anticipated future demand for public-access golf facilities in the market area. This estimation of current and anticipated future potential demand will be compared with total play on existing public golf courses in the market area and anticipated play on new courses that are likely to open in the market area in the near future. Task 8: Revie,w of Management and Finance Options Based on management and [mance options available to the City and ERA's industry knowledge, ERA would identify and evaluate relevant management and [mance options. The most appropriate management structure and fInance option would be selected based on a variety of factors, including but not limited to: . The objectives of the City; . The recommended market positioning (discussed below); . Any special limitations or unique characteristics of the City's golf system; and . The projected system-wide fInancial performance (discussed below). Thus, it would be necessary to formulate recommendations regarding the most appropriate management structure and [mance option in conjunction with recommendations regarding market positioning and projections regarding future [mancial performance. Phase Two: Market Positioning and Management Recommendations Task 1: Market Positioning Recommendations ERA will provide recommendations regarding general market positioning for each of the three subject facilities after renovations. Included in these recommendations will be recommended reservations policies (and possibly preferences) and greens fee structures for each facility, including recommended resident/non-resident pricing, seasonal pricing, twilight discounting, and other pricing. Economics Research Associates Mr. Michael Rath 29 October 1998 Page 8 ERA will also recommend general pricing and management policies concerning carts and use of the driving range. Market positioning recommendations will also address a variety of other issues, including but not limited to golf course conditioning, clubhouse size and quality, and food-and-beverage facilities and character. These recommendations would be based on: . The objectives of the City, the characteristics of the three existing facilities and sites (including distance from golfmg populations), and the characteristics of the local population. . The operating characteristics of comparable courses in the region. . ERA's analysis of potential demand for public golf in the market area and the projected supply and quality of public golf courses (including daily-fee, municipal courses, and semi-private courses). This would include ERA's estimate of the.. humber of additional supportable public golf courses. . The level of development that is fmancially feasible given the market support. . Ariy-under-served market niches that ERA might identify in the market. If desired, as part of this task, ERA could also comment on the City's existing renovations plan. Task 2: Management Structure Recommendations In addition to recommending the most appropriate market positioning for the subject golf facilities, as noted above, ERA would also recommend the most appropriate management structure. This recommendation would be based on a host of factors, including but not limited to the objectives of the City, the anticipated characteristics of the renovated golf facilities, the characteristics and historic performance of the existing management structure, and the anticipated fmancial performance and debt requirements of the renovated golf facilities. ERA offers a great deal of experience in examining the relative strengths and weaknesses of various management options. Task 3: Evaluation and Recommendations Regarding Potential Hotel and Resort Participation ERA will also investigate the possibility of seeking fmancial participation from a nearby hotel, resort, or group of hotel properties. Most likely, such participation would occur in exchange for play privileges or other inducements. Included in this task will be determining the degree to which existing and/or proposed hotels or Economics Research Associates Mr. Michael Rath 29 October 1998 Page 9 resorts in the region desire improved access to golf, and identifying appropriate hotel or resort properties. This will be determined based on interviews with directors of sales at local hotel properties and discussions with other knowledgeable sources. ERA's recommendations will be formulated in conjunction with recommendations concerning market positioning and management structure, as well as projections concerning fmandaI performance and recommendations regarding the most appropriate source of fmancing. Thus, ERA's recommendations will reflect the specific needs and requirements of the recommended management structure, market positioning, and fmance option. These recommendations will also reflect the stated objectives of the City and any potential conflicts such an arrangement could pose with resident golfers. Phase Three: Financial Analysis Based upon the market analysis and recommended market positioning and management structure, ERA will complete a pro-forma fmancial analysis of the entire golf system, which will include the following components: Task 1: Project Rounds, Sources of Play and Operating Revenues ERA will recommend appropriate market positionings and fee structures for each of the three renovated golf facilities, and then formulate detailed ten-year pro forma financial projections for each of the three renovated golf facilities. These projections will be based on a variety of factors, including but not limited to: (1) historic play levels and revenues at the three subject facilities; (2) actual play levels and revenues at other comparable courses in the market area; (3) industry standards; (4) the specitic characteristics of the subject sites; (5) anticipated facility characteristics after the planned renovations; and (6) our knowledge of the golf industry. Based on these and other factors, ERA will project the following for each of the three subject golf facilities after renovations are complete: 1. Seasonal and annual play levels (by source of play); and 2. Operating revenues (by department, including greens fees, cart fees, driving range, food and beverage, and merchandise sales). Allowances for weekday I weekend pricing and any discounts will be included. Task 2: Project Future Operating Expenses Operating expense projections will be based primarily on current maintenance and operations costs (and/or budgets) at the three subject facilities and at other comparable golf courses in the market area. Projected costs will be adjusted to reflect Economics Research Associates Mr. Michael Rath 29 October 1998 Page 10 anticipated changes in market posltloning and changes in maintenance costs (associated with more intricate designs and other features). ERA will also consider any potential significant changes resulting from a new market positioning or management structure. Operating expenses will consist of the following components: golf course maintenance, water, utility costs, replacement reserve, golf operations (carts, starters, pro shop staff, marshals), general and administrative expenses, and others as appropriate. Task 3: Projection of Net Operating Income Before Debt Service ERA's analysis will culminate in the generation of a ten-year pro-forma projection of Net Operating Income before debt service for the entire golf system. This projection will be based on tasks land 2 (as described above), and will be presented both with and without inflation. It should be noted that up to three iterations of the [mancial analysis can be provided on a pre-tax, pre-debt basis. If desired, additional iterations, or other "customizations," can be provided on a time and expenses basis. The fmal product from the ftrst three phases will be a complete market and [mandaI analysis suitable for presentation to a prospective lender or rating agency. Phase Four: Evaluation of Finance Options and Project Recommendations The fourth phase will consist of an evaluation of the potential fmance options identitIed and the presentation of ERA's project recommendations. This evaluation of finance options and summary of project recommendations will be presented in a separate report, appearing in "memorandum format." This evaluation will seek to evaluate and identify the most appropriate and appealing fmance option, based on the City's objectives, the recommended market positioning, the projected fmancial performance, the suitability and availability of potential public/private joint venture partners, and other factors. PROPOSED STAFFING ERA will commit its most experienced staff to this assignment. 1. Richard McElyea, Executive Vice-President and head of ERA's golf practice, will serve as the principal in charge of this assignment. He will be assisted by either Jon Peterson, Senior Associate, Bill Brandon, Senior Associate, or Rich Warfel, Senior Associate. Economics Research Associates Mr. Michael Rath 29 October 1998 Page 11 He will also receive assistance from Greg Cory, Vice President and manager of ERA's former Florida office. Resumes are attached. REQUESTED FEES AND PROPOSED TIMING ERA commits to provide the services described above (Phase One through Four) for professional fees not-to-exceed twenty-five thousand dollars ($25,000). These fees are for professional fees only, and reimbursable costs associated with travel, report production, telephone and research material will be billed in addition. Based on prior experience, ERA anticipates that these costs will likely equal approximately 10 to 15 percent of the professional fees. However, total reimbursable expenses will not exceed 16 percent of professional fees (or $4,000). If ERA's market and tinancial feasibility study is used as part of a bond offering or if the study is referenced in a bond offering, it will be necessary for ERA's legal counsel to review the document. If this is the case, additional fees will be charged on a time-and-expense basis. Moreover, additional work completed by ERA (associated with review of the P.O.S. and the O.S., and revisions resulting from the legal review) will be completed on a time-and-expense basis. Typically, professional costs for such a review associated with a bond offering total approximately $4,000 to $5,000. To initiate this project, ERA requires a retainer in the amount of $10,000, with the balance due at report completion. ERA is prepared to commence work on this study immediately, and could provide a complete draft version of the report within eight weeks of commencing work. ERA's preliminary fmancial projections could be provided within three weeks of commencing work. Should ERA discover any conditions during the course of its analysis that could adversely affect the project, these would be brought to your immediate attention and all work would cease pending your further instructions. Similarly, you retain the right to terminate the project at any time. If the Client elects to terminate the project at any point in time, only professional fees and expenses incurred as to the date of termination, plus reasonable costs of terminating the project, would be due and payable. The attached Standard Proposal Addendum is an integral part of this proposal. Economics Research Associates Mr. Michael Rath 29 October 1998 Page 12 ACCEPTANCE If this proposal is acceptable to you, please indicate so by signing one copy and returning it with the retainer check to the San Francisco office. If you require any moditications to this proposal, please let us know. Respectfully submitted, / 11/ /Ie 1lj4'- ,1 1. Richard McElyea Executive Vice-President ~~~ Jon H. Peterson Senior Associate Enclosures! Attachments: Proposal Addendum Accepted By: Date: Economics Research Associates STANDARD PROPOSAL ADDENDUM It is understood by the client that Economics Research Associates (ERA) can make no guarantees concerning the recommendations that will result from the proposed assignment, since these recommendations must be based upon facts discovered by ERA during the course of the study and those conditions existing as of the date of the report. To protect you and other clients, and to ensure that the research results of ERA's work will continue to be accepted as objective and impartial by the business community, it is understood that our fee for the undertaking of this project is in no way dependent upon the specific conclusions reached or the nature of the advice given by us in our report to you. It is agreed by the client that the report is not to be used in conjunction with any public or private offering of debt or equity securities without prior written consent. It is further agreed that the client will indemnify ERA against any losses, claims, damages and liabilities under federal and state securities laws which may arise as a result of statements or omissions in public or private offerings of securities. It is agreed by the client that payment for the services of ERA is due upon receipt of the invoice; that full payment is due upon receipt of the completed report; and that ERA has the right to withhold delivery of the final report pending receipt of any overdue payments. In the event any invoice is not paid within 30 days after rendering of the invoice it shall commence bearing interest on the date the invoice was rendered at the rate of 18 percent per annum (or such lesser rate as may be the maximum interest permissible under applicable law) and the client agrees to pay all accrued interest, together with the charges for services rendered as provided for in this agreement. In addition, should an unpaid invoice be referred to our attorneys for collection, the client agrees to pay their reasonable fee for such work, as well as any costs of suit which may be incurred. i 1 It is further agreed by the client that the report will be presented to third parties in its entirety and that no abstracting of the report will be made without first obtaining the permission of ERA. ~ i , '1 It is understood by ERA that the findings of this report are the proprietary property of the client and they will not be made available to any other organization or individual without the consent of the client. i j This proposal will remain in force for a period of 60 days from the date shown hereon. ~ 1 RESUMES I J j --- l ~ .~ j ~ . . 1 ... . 1 ! . .. . ..l , t ! 1 J. RICHARD McELYEA, Executive Vice President Qualifications in United States Golf Course Economics With a strong background and knowledge of golf and thirty years experience in real estate consulting, Mr. McElyea is ERA's Practice Leader in golf course economics. Working with clients interested in developing golf courses both nationally and internationally, he provides consulting services relating to market analysis, fmancial feasibility, valuation, and strategic planning of golf courses and clubhouse facilities for public agencies, academic institutions large scale community developers, golf course owners and operators, and national and international resort developers. In recent years, some of Mr. McElyea's most significant golf-related assignments in the areas of resort and large scale community development include: . A strategic planning and location study for Gleneagles International Hotels of Scotland for their entry into North America. The Gleneagles Hotel includes 72 holes of golf. . Master planned consultation for golf course expansion and residential development for the Mauna Lani resort on the Island of Hawaii. . Market and fmancial analysis for the fmancialre-structuring of the Pinehurst Golf resort in North Carolina. . Analysis of the golf course and real estate development potentials for the Ventana Canyon resort and country club in Tucson, Arizona. . Analysis of resort hotel, golf and real estate potentials for the Semiahmoo Resort in Blaine, Washington, named as the best resort course for 1988 by Golf Digest. . Analysis of golf course expansion potentials for the 36-hole Sunriver Resort golf complex outside Bend, Oregon. Economic impact of the Spanish Bay Golf Resort prepared for the Pebble Beach Company. Golf course concept development for a 36-hole golf complex for the Ahmanson Ranch, a master-planned community in Ventura County, California. Market and financial assessment of a high quality, ocean front golf course being developed by the Atlantic Richfield Company (ARCO) near Santa Barbara, California. Analysis of the impact of a proposed Marriott timeshare development on a 36-hole golf facility at Ford's Colony in Williamsburg, Vrrginia. Ten recent analyses in Northern California including the fmancial potential of adding 36 holes to the current 18 holes at Stanford University, a Greg Nonnan designed high-end daily fee course adjacent to the Wente Champagne Cellars in Livennore; a new golf course for the NCGA, Poppy Ridge, in Livermore; a second 18-hole championship golf course in Half Moon Bay, a high quality daily fee course in San Juan Batista, review of development proposals for ECONOMICS RFSEARCH ASSOCIATES GREGORY L. CORY, Senior Vice President Qualifications in Golf Course Economics As Senior ViCe President in ERA's San Francisco office, Mr. Cory over the past 17 years has developed an extensive expertise in the analysis of large scale planned residential communities and resorts. One aspect of this experience has been developing knowledge in assessing the demand for and financial feasibility of all typeS of golf courses. He is recognized as one of the leading experts in the field, is a frequent speaker on the subject at international conferences, and has perfonned as an expert witness on the on golf related matters. Mr. Cory has performed market analyses for both public clients as well as private developers throughout the U.S., including Aorida, North and South Carolina, Oregon, Washington, Illinois, and California. These analyses typically incorporate a fmancial analysis of various development alternatives to insure optimum recommendations are made regarding membership type, supportable fees, recommended ancillary recreational facilities. and the relationship of golf to surrounding land uses. He has also been involved in golf development in other countries, including Canada, Mexico, Portugal, Aruba, Nevis, Puerto Rico, and Indonesia. A good many of these analyses have been for large scale integrated residential communities. Some of the projects on which he had worked include the long-range development program for the 5,600 TP&J project owned by Mobil Land in Aorida, devising both long tenn real estate product offerings and a golf development strategy for the 7,000 acre Desert Mountain community in Carefree, Arizona, and assessing the importance of golf to the exclusive 20,000 acre Rancho San Carlos on the Monterey Peninsula of California. Other analyses in which golf has played a pivotal role has been in pure resort settings. Some of the projects in which Mr. Cory has been involve include the master planning for expansion at Stratton and Stowe, Vennont; Snowmass, Colorado; Telluride and Lake Catamount, Colorado; Grand Cypress in Orlando, Aorida; and Sun River, Oregon. In still other instances golf has been examined for its impact on large scale communities and how it fits into a regional development objective. For instance, Mr. Cory was instrumental in developing the golf strategy for the 1O,OOO-acre Westin project in Broward County, Florida, for the Arvida Corporation. Recommendations were made regarding the extent of golf required, phasing, timing, recommended golf course architects, membership orientation, etc. A similar analysis was prepared for Crescent Resources, the development subsidiary of Duke Power for the Charlotte market area, which involved over 3,500 acres in four development parcels and up to five golf courses. Also a detailed,operational analysis was conducted for the Silverado Resort in Napa, California, to determine whether additional golf was required in order to satisfy ongoing resort demand as well as additional residential play. 1! I ;t GREGORY L. CORY, Senior Vice President Qualifications in Golf Course Economics Page 2 Still in the area of examining the economic impacts of golf, Mr. Cory was the principal ERA staff person as part of interdisciplinary team developing a golf development strategy for the Province of British Columbia, Canada. 'The Province had successfully used a system of governmental grants and low interest loans to develop the ski industry to bolster winter tourism and contribute to economic development of the Province. The Province assessed the golf market as a means by which to broaden summer tourism for the same purposes. The analysis focused not only on existing competitive facilities, but also prioritized geographic opportunities for development, outlined demonstration projects for early consideration, and calculated net economic benefit to the Province. Fmally, Mr. Cory has been active in performing evaluation analyses for the offering of memberships in private equity clubs. 'These analyses typically require a detailed examination of competitive courses in the area and a careful assessment of the supportable pricing for various categories of memberships in conjunction with a securities offering. Projects in which he has been involved include offerings at Bald Head Island, North Carolina; Wachesaw Plantation, Pawley's Island, South Carolina; the Blackhawk Country Club in DanviIle, California, and Silver Creek Country Club in San Jose, California. Mr. Cory has an undergraduate degree in economics from the University of California and a Masters in Urban and Regional Planning gained through a joint program with the University of Oregon and the University of California-Berkeley. Prior to joining ERA Mr. Cory maintained his own consulting , . practice specializing in recreation real estate. " - ~ ,;, 1 i 'j , . a 1 1 j I JON H. PETERSON, Senior Associate Qualifications in Golf Course Economics Mr. Peterson specializes in recreation-oriented economic analysis. He has served as project manager on golf-related consulting assignments in more than twenty states, as well as Canada and Puerto Rico. These assignments have included feasibility studies for proposed new municipal, daily-fee, private, and resort golf courses, as well as valuations, strategic plans, and expert witness testimony. In addition to golf-related assignments, Mr. Peterson has worked on a variety of other projects, including master planned residential communities, beach resorts, marinas, ski resorts, themed attractions, and regional and national parks. The following include some of the golf projects for which Mr. Peterson has served as project manager: Resort / Visitor-Oriented Courses " . A Market Analysis, Strategic Plan, and Financial Analysis for the Dos Mares golf club in Fajardo, Puerto Rico, a proposed high-end Nicklaus-designed semi-private resort course that would be located adjacent to the existing EI Conquistador resort. ERA also examined the market and financial potential for residential development on this site, and conducted a comprehensive financial analysis. . A Market and Financial Analysis of the Legacy at Lakewood Ranch in Bradenton, Florida ERA played a key role in assessing market support and determining the appropriate market positioning for this new Palmer-designed course near Sarasota, which opened in February 1997 and has enjoyed strong performance to date. . A Market and Financial Analysis of Intracorp's planned Tower Ranch Golf Club in Kelowna, British Columbia. ERA's analysis included an examination of both visitor and resident markets, and looked at demand for both private memberships and daily- fee play. . A Market and Financial Analysis of a proposed new upscale public golf course in Eagle, Colorado, which would rely primarily on summer visitation to the Vail Valley. ERA analyzed demand from visitors, seasonal residents, and permanent residents, and provided detailed market positioning recommendations. . A Market and Financial Analysis of a proposed upscale public golf course near Mendocino, a popular coastal resort town in northern California. ERA's analysis included a detailed review of the region's visitor market, which had not been well documented in the past. , .. I I i ,. I Daily-Fee / Semi-Private Courses ! , , . A Market and Financial Analysis of The Oaks, a new upscale daily-fee golf course in Pass Christian, Mississippi (near Gulfport). ERA's study was successfully used to obtain fmancing for this facility, which opened in early 1998. . J 1 J Mr. Peterson, Senior Associate Page 2 . A Market Analysis, Strategic Plan, and Financial Analysis for Weyerhaeuser's new TPC at Snoqualmie Ridge golf course near Bellevue, Washington. This Nicklaus-designed course is currently under construction. . A Market and Financial Analysis of Stevinson Ranch, an upscale daily-fee golf course in California's Central Valley (near Merced) which opened in 1995. . A Market and Financial Analysis of the new Bridlewood Golf Club, in Flower Mound, Texas (a suburb of Dallas). ERA's study was successfully used to obtain financing for this facility, which opened in 1997. . A Market Analysis, Strategic Plan, and Financial Analysis of the proposed Oak Creek golf course in Mountain Home, Arkansas. This course would rely on a combination of member play, local daily-fee play, and visitor play. . A Market and Financial Analysis of a proposed high-end daily-fee golf course designed by Tom Weiskopf in St. Tammany Parish, Louisiana (near New Orleans). Municipal Courses . A Market and Financial Analysis of the Timbers at Troy, a new high-quality municipal golf facility in Howard County, Maryland. ERA's study was used in a successful bond offering. This course is now open and enjoying strong fInancial performance. . A Market and Financial Analysis of Buffalo Run, a new municipal golf course designed by Keith Foster located in Commerce City, Colorado. ERA's study enabled Commerce City to obt.ain fmancing for this facility, which is now open and performing as projected. . A Market and Financial Analysis of Saddle Rock, a new upscale municipal golf course in Aurora, Colorado, designed by Dick Phelps. ERA's study was used in a successful bond offering. Saddle Rock is now open and enjoying strong fmancial performance. . A Market and Financial Analysis of a proposed new municipal golf course in Port Angeles, Washington, which would overlook the Strait of Juan de Fuca, and rely on a combination of visitor and resident play. Other Relevant Consulting Assignments ,~ . Expert witness testimony regarding the valuation of an existing 27-hole private club in suburban Denver, Colorado. . Expert witness testimony regarding the relationship between residential development and membership sales at a proposed new semi-private golf club located near Seattle, Wash. . Valuation of a new Robert Trent Jones, Jr. golf facility in Medford, Oregon. \ I , Mr. Peterson graduated Phi Beta Kappa from Dartmouth College. with a B.A in geography modified with environmental studies. Mr. Peterson earned an M.S. in economic geography from the Pennsylvania State University. Formerly, Mr. Peterson worked for the U.S. Census Bureau as a regional manager on MauL Mr. Peterson also taught at Penn State University and Seabury Hall, a small private school on Maui. ... j RICHARD T. WARFEL, Senior Associate Golf, Resorts, Residential Real Estate As a Senior Associate in ERA's San Francisco office since 1990, Mr. Warfel provides consulting services pertaining to a wide range of assigrunents including golf, resorts, and residential real estate. GOLF Mr. Warfel addresses market analysis, financial feasibility, financing alternatives, valuations and appraisals, membership structuring, operational audits, and strategic planning for all types of golf course developments including municipal and daily-fee courses and private and semi-private clubs. Municipal / Daily-Fee Clients . City of Concord, CA: operational audit, Diablo Creek Golf Course . City of Concord, NC: market and financial feasibility, Rocky River GC (architect Dan Maples) . City of Antioch, CA, market and financial feasibility, proposed Sand Creek GC (Carry Bickler) . City of Pleasanton, CA: market and financial feasibility, proposed municipal course . City of Anchorage, Alaska, analysis of.lease alternatives for proposed Glacier Valley GC . No. Ca. Golf Assoc. (NCGA), Livennore, CA: feasibility study, Poppy Ridge (Rees Jones) . Perini Development, Tucson, AZ: feasibility analysis for The Raven GC (Robert Trent Jones m . Ocean Colony Partners, Half Moon Bay, feasibility analysis of new Ocean Course (Art Hills) . Brandenburg Partners, San Juan Bautista, CA: San Juan Oaks GC (Fred Couples / G. Bates) . Placer Holdings, Lincoln, CA: feasibility analysis for Twelve Bridges GC (Dick Phelps) . O.B. Sports, Portland, Oregon, appraisal of the Langdon Farms GC . Ocean Colony Partners, Half Moon Bay, CA: appraisal of the Links course (Arnold Palmer) . Orix Company, Las Vegas, NY: appraisal for the Seven Hills GC (architect -- Rees Jones) Private / Semi-Private Clubs . Shea Homes, San Jose, CA: membership analysis, Silver Creek Country Club (Ted Robinson). . Misawa Homes, Vallejo, CA, operational audit of the Hiddenbrooke CC (Arnold Palmer). . Atlantic Gulf Communities, Naples, Florida: market I financial analysis, proposed private club . Merrill Lynch, Williamsburg, VA, analysis of club operations at Ford's Colony (Dan ~aples) . Southwest Diversified, Qrinda. CA: membership analysis, Montanera CC (Jack Nicklaus) . Banyan Management, Bishop Ranch, Monterey, CA: analysis of membership potentials. ~ 1 RESORTS I HOTELS Mr. Warfel received his Master's degree in Hotel Management from UMASS -- Amherst, then taught marketing at The Hague Hotel School in the Netherlands for two years before joining ERA . Gleneagles Hotel. Auchterarder, Scotland: analysis of alternative vacation ownership concepts. . Lodge at Koele, Lanai. Hawaii.. Castle & Cooke, market analysis of townhome development. . Big Cedar Lodge, Branson, MO, Bass Pro Shops: analysis of conference center potentials. . Melia Playa Concha!, Guanacaste, Costa Rica, Desarollos Hotel Group, market and financial analysis of residential real estate, hotel. and golf for this 2,()()()-acre, ocean-front resort. . Page, Arizona, market and financial analysis of proposed 300-room resort on Lake Powell. . Mission Bay, San Diego, CA, market and financial analysis of hotel and timeshare development . Vtalone Resort, Milan, Italy: market and financial analysis of residential real estate, hoteL and 27-hole golf course. . Chateau Montcalm Resort, Quebec, Canada: market and financial analysis of proposed hotel. spa, and 18-hole golf course. . Hansen Properties USA: The Woodlands, San Luis Obispo, CA: market and financial analysis of 350-room hotel, 54-holes of golf, and residential real estate. RESIDENTIAL REAL ESTATE AND GOLF COMMUNITIES i . Hines Interest, Aspen Glen, Aspen, CO: for this 1,000 acre project, examined the market potentials for 400 lots, 160 townhomes and a private I8-hole golf course. . Governor's Land, Williamsburg, VA: for this 1,444 acre, 722 lot community, provided research and recommendations pertaining to lot pricing, absorption and marketing. . Appalachian Power, Golf Course Community, Smith Mountain Lake, VA: for a 2,000 acre site, addressed the market and financial potentials of residential real estate and golf. . Banyan Management, Bishop Ranch, Monterey, CA: for this planned 550 acre, 253 unit community, addressed the market potentials of lots and townhomes. . Rio Rico, Tucson, AZ: for this large 5,000 acre resort and land sales development, provided market and developmental recommendations for retirement oriented housing. . Loeb Enterprises, Sparks, NY: analysis of residential real estate and golf for the Wmgfield golf community I Red Hawk Golf Dub located near Reno. Mr. Warfel received a B. A in Economics from the University of California at Davis and a Masters of Science in HoteL Restaurant and Travel Administration at the University of MassaChusetts at Amherst. .... t J ECONOMICS RESEARCH ASSOCIATES BILL D. BRANDON, Senior Associate Mr. Brandon provides a wide range of consulting services pertammg to golf course, residential real estate, and resort development and planning. Mr. Brandon graduated from the University of California at Santa Barbara, with a RA. in Law and Society. Mr. Brandon has earned an M.RA. from the University of Southern California. GOLF PROJECTS Mr. Brandon specializes in market analysis, fmancial feasibility, pOSlt10nmg strategy, operations analysis, valuation, and membership structuring for public, private, and semi- private golf clubs. Golf projects Mr. Brandon has completed include: Public Golf Courses " . Big Springs Golf Course, Hudson, Ohio. . Odessa National Golf Club, Smyrna, Delaware. . New York Institute of Technology G6lfCourse, Long Island, New York. . Atlantic County Golf Course, Atlantic County, New Jersey. . Treasure Island Golf Course, San Francisco, California. . Hampshire Greens~Golf Course, Montgomery County, Maryland. . Riverside Golf Club, Jack Nicklaus design, San Jose, California. .. . The Tradition Golf Course, 27 -hole golf course, San Jose, California. . City of Concord Golf Course, Dan Maples design, Concord, North Carolina. . Wente Brothers Winery Golf Club, Livermore, California. · City of Hayward Golf Course, Hayward, California. . Keystone Lake Golf Course, Tulsa, Oklahoma. . Lime Ridge Golf Course, Walnut Creek, California. . Gale Ranch Golf Club, Johnny Miller design, San Ramon, California. . The Woodlands Golf Club, 27-hole course, San Luis Obispo, California. . Timbers at Troy, Howard County, Maryland. ... 1 ! , . I .. ., i j Private and Semi-Private Golf Courses 1 J . Wingford Estate Golf Course, Jack Nicklaus design, Port Huron, Michigan. . Mill Creek Golf Resort, Robert Trent Jones II design, Austin, Texas. . Kemper Sports Management (I8-hole course), Charles County, Maryland. . Kemper Sports Management (I8-hole course), Prince William County, Virginia. . Eagle Ridge Golf Club, Johnny Miller design, Gilroy, California. Golf Course Operations Audits . Hiddenbrooke Country Club, Vallejo, California. . City of Concord, Diablo Creek Golf Course, Concord, California. . City of Mountain View, Shoreline Golf Course, Mountain View, California. . City of Walnut Creek, Boundary Oaks Golf Course, Walnut Creek, California. RESIDENTIAL REAL ESTATE PROJECTS Mr. Brandon provides consulting services relating to the market and fInancial feasibility of residential developments with an emphasis on golf course residential communities. Recent residential studies which Mr. Brandon has completed include: . Bedico Creek (golf residential community), St. Tamminy Parish, Louisiana. . Fort Collins (golf residential community), Colorado. . The Woodlands (golf residential community), San Luis Obispo, California. . Bishop Ranch (golf residential community), Monterey, California. RESORT PROJECTS ..,;,. Mr. Brandon has conducted tourism market analysis and economic feasibility studies for international resort destinations. International resort studies perfonned by Mr. Brandon include: i j i t J . Yeonpo Resort, Korea; analysis of golf, timeshare, and resort hotel properties; review of domestic tourism market trends. . Turks and Caicos Islands, Caribbean; analysis of the Caribbean cruise line industry and feasibility study for a new cruise ship terminal. . Bintan Island Resort, Indonesia; analysis of the international and domestic tourism markets; recommendations for development programming. . Fort Amador, Panama; analysis of the international tourism market and a land use feasibility study for the re-development of a fonner U.S. military base. .. , . ~ , , j 1 j BIBLIOGRAPHY OF RELEVANT PROJECTS '. .. 1 1 'f: i "" j :1 J References from Selected Golf Studies: Economics Research Associates (ERA) is an independent consulting fIrm which provides both public and private sector clients with unbiased market and fmancial analyses and other consulting services. ERA completes 50 to 75 golf and golf-related consulting assignments each year. ERA's primary role typically includes examining the market and fmancial potential of planned projects. However, ERA is often asked to assist public and private sector clients identifY and evaluate potential fmance options, determine the most appropriate market positioning and design characteristics, and select the most appropriate management and operations structure. ERA has also worked on numerous assignments evaluating proposed renovations, redesigns, and/or repositionings of existing golf facilities. The following is a representative list of clients for which ERA recently provided golf-related consulting services: Ms. Mary Austin Crofts, Director Blaine County Recreation District Blaine County, Idaho Quigley Canyon Golf Course Phone: 208-788-2117 . . ERA was retained by the Blaine County Recreation District in June 1998 to conduct a detailed market and financial analysis of the proposed Quigley Canyon golf course in Hailey, Idaho. ERA's study examined regional demographics and population distribution, potential demand from second-home owners, potential demand from visitors, the physical and operating characteristics of existing courses in the region, proposals to develop new courses in the region, and other factors. Based on this analysis, ERA recommended an appropriate ~ market positioning and projected future fmancial performance. The Recreation District is presently negotiating with the land owner and hopes to move forward with a bond offering in the near future. , ; Mr. Walter Koelbel Koelbel and Company Denver, Colorado Pinehurst Golf Club Phone: 303-758-3500 ~ 1 j I ERA was retained by Koelbel and Company in April 1996 to evaluate the financial feasibility of renovating the Pinehurst Golf Club in Denver, Colorado, and repositioning the facility as an upscale public-access golf course. Among other things, ERA's analysis included a review of comparable public-access golf courses in the region, an examination of potential demand from both residents and visitors, and an evaluation of tile existing facility and the potential renovations. ERA concluded with market positioning recommendations and tinancial projections, which ERA utilized to indicate the probable value of the renovated facility as a public-access golf course. ERA's analysis enabled 1 t t '. j I j KoeU:>el and Company to realize a significantly greater sales price when the facility was sold in late 1996. Mr. James Niskanen, Assistant Director Community Services and Neighborhood Connections Department City of Modesto, California Creekside, Dryden, and Municipal Golf Courses Phone: 209-577-5351 ERA was retained by the City of Modesto in August 1998 to provide a comprehensive management audit of the City's Golf Program. The primary objectives of the audit were to analyze the ability of the Golf Program to compete within the existing and future golf market and to assess the potential for privatization of the golf courses through a master facility lease. The conclusions and recommendations of the final report will be formally presented to the City Council and Human Services Committee during November 1998. Mr. Bruff Shea, Director of Parks and Recreation Town of Castle Rock, Colorado Red Hawk Golf Club Phone: 303-660-1036 ..1 ERA has been retained several times by the Town of Castle Rock, Colorado, to provide consulting services. Most recently, ERA was retained in December 1996 to conduct a market and financial analysis of the proposed Red Hawk golf course. ERA's study was used in a successful bond offering, and this facility is now under construction, with an opening planned in Spring 1999. .i Mr. Alan Ferragamo, Director Department of Public Works Howard County, Maryland Phone: 410-313-3440 - ( ;.:t t " ERA completed a market and fmancial analysis of a proposed public golf course in Howard County, Maryland, in February 1995. Howard County included ERA's analysis in a successful revenue bond offering, and began construction shortly thereafter. This new course, called the Timbers at Troy, is now open and has enjoyed two years of strong financial performance. I "" 1 1 Ms. Lori Harlan, Director Economic Development Corporation City of The Colony, Texas Phone: 214-625-4916/1756 .. j ~ . .... In August 1995, ERA completed a market and fmancial analysis of the City of The Colony's proposed 36-hole golf facility on the Wynnwood Peninsula, in Dallas' northern suburbs. ERA was later retained to update this analysis and assist The Colony in its effort to secure fInancing and attract a qualified operator. ERA was successful on both counts, and this facility is presently under construction, with development financing provided by the new golf course operator. j J J ,. , , , , .j .. , , -\ . J j 1 I '! ... j j I QUALIFICATIONS Economics Research Associates ,~ . f Economics. Research Associates SELECTED GOLF QUALIFICATIONS i I j j J J ] j J I 388 Miirkct Stre(~t SUite lS80 Silll r!;.JI1CI~;C(). c.!'.. :1.1111 4159568152 FAX 415 956 5274 \ vvww ~; r il::'! C (l III ,it' I d:; t ERA is dffillatt'd with DrIVt~r.. JOllas Los Angeles San Francisco San Diego Chicago Washington DC london Economics Research Associates OVERVIEW OF RELEVANT GOLF ASSIGNMENTS Economics Research Associates is proud of its reputation for objective and creative analysis and of our contributions to well-executed and successful projects and marketing programs. Since 1958, we have conducted over 12,500 assignments providing essential economic and planning analyses for corporations, fmancial institutions, governments, and land owners. Innovative projects to which ERA has made important contributions include: the world's most successful tourism attraction -- Disney World; destination resort -- Kaanapali, special event -- 1984 Los Angeles Olympics; and mixed- use real estate development -- Irvine Ranch. ERA pioneered many of the research techniques and analytical models which are now widely used in land use economics and concept development. We approach each project as a unique assignment, and use creative thinking, structured analysis, and common sense to develop programs, plans and answers for our clients. Among ERA's areas of specialty are Real Estate, Hotels and Resorts, Recreation and Tourism, and all aspects of Golf Development. Our work encompasses all stages of a project from initial concept development and feasibility studies to consulting on project implementation, marketing, and operations. I$JjtYJ~F$:m.~~~'jj..~~t.1$WItI: . ,. ..-.................... ....... ....-_............ ................. .... -........................................ .......-. .................................. .......,'.......<:-...,.,-,..-.-..................,.,................................. .. ... '. ,_................ ............. ..... ...... . .................................... ... .... ................................... .. .............................. ....................... . ... ................. ... ................. ..... ...... . .............( . ........ ... ERA real estate development services include concept development, market studies, financial analysis, market penetration strategies, structuring of leasing programs, solicitation of joint venture partners, site location analysis, and packaging of complex projects. While ERA's services are extremely important to the smaller development tirrns which do not have similar expertise in-house, the major development ftrms will often solicit a second opinion from ERA on particularly complex or innovative projects Knowledge of the Development Community 1. ERA most likely has greater familiarity with the regional, national and international land development community than any other tinn of its type. ERA has worked directly for or has evaluated the proposed projects of the following major development organizations: Chevron Land and Development, Crocker Land Company, Gerald D. Hines Interest, The Irvine Company, Hyatt Corporation, Homart Development, Marriott Corporation, Sutter Hill, Weyerhauser Properties, Southern Pacific Land, The Ernest Hahn Company, Olympia York, Campeau, Wilson Gates, Daon, > Cadillac Fairview, the Rouse Company, and many others. "f ." 1';' t ... 1: 1 Development Financing ERA understands land development tinancing from both the private and public perspectives. One of the most frequently cited reasons for securing an ERA study is project feasibility documentation for fmancial institutions. ERA studies have contributed to the fmancing of billions of dollars of real estate development both in the United States and overseas. Dedication to Objectivity ERA's operating philosophy is to provide high level and objective consulting services in the area of land use and land development economics. ERA does not provide brokerage services, leasing services, nor does it assume equity positions in development projects because such activities could compromise consulting objectivity. IqGjQN.A,l.t.lQ~i-JrgfiS> ,.....-................. ,......._"-."-_...._-..,,...,.......,,-,. ",- ........................ ".. ....., ........."...................".......,.........,-'....,...,.....-..-.-...,-........................,'. "..-.... ................................................-....,..--.........--...-.........................,.............. .........................................,..,.........---........................................................ ...........................................-..................-.-....'"...-.-................................... ...................... .................................'.......-.......".'.........................'................ ............ ... ...... .......... ..... ..... ...... ......... ...... . ..... ..... .................... . . .. .......... . . . . . . . . . . - . . . . . . . . . . . . . . .. .................................................. ...-.-....... ...................-....................................... ... .................................................... . ......... .... ........................... ...... ................ ....., ....... ERA has six offices strategically located to serve the major markets in which our clients are active. Unlike other finns, ERA's office are not geographically bound. Instead, professional staff are responsible for assignments in their area of expertise regardless of physical location. In this manner, clients are assured of gaining access to the most qualified and experienced staff of the firm. San Francisco 388 Market Street Suite 1580 San Francisco, CA 94111 415/956-8152 Washington, OC 1101 Connecticut Avenue NW Suite 750 Washington, OC 2006 2021496-9870 , ., , i Los Angeles 10990 Wilshire Boulevard Suite 1600 Los Angeles. CA 90024 310/477-9585 Chicago 20 E. Jackson Street Suite 1200 Chicago, IL 60604 3121427 - 3855 l t . London 30 Watling Street London, EC4 M9JN 44 171 489-3124 San Diego 964 Fifth Avenue Suite 214 San Diego, CA 92101 619/544-1402 ... , " I . 1 I IERA"SGQLFPRA.C'J'lC!iJ)>< . ..................................... . ,................................... .... .............................. . ...............,............. ... ..... ,-. .......... ........, :t.:) ......."",............................-..-......... .........._................................-......... . .... ... . ..... ......... ..-.-.......... ERA is the largest and most experienced golf economics consulting fIrm in the U.S. ERA's clients include municipalities, private developers, fmancial institutions, golf course operators, public/private joint ventures, and other public agencies. The analysis of golf courses, either public or private or stand-alone or as a component of a resort or residential community, is an important sector of ERA's consulting practice. Assignments in the golf industry include market evaluations, forecasts of course performance, assessment of market orientation, analysis of existing operations and evaluations of lease arrangements including capital investment strategies and alternatives. In any given year the fIrm is engaged in between 50 and 75 assignments which involve golf, either as a single land use or in conjunction with other land uses. GOLF RESORTS ERA has been very active in destination resort, golf course and other real estate development analysis both nationally and internationally. In the United States, our project experience covers nearly all of the major resort properties on both the east and west coasts, mountain areas, and the islands of Hawaii and Puerto Rico. Internationally, we have completed resort assignments throughout South America, Europe, Asia, and the Pacific. We are consultants to the world's most well known and successful resorts, including: . Wailea, Maui La Costa, San Diego Kapalua, Maui Costa Smeralda, Sardinia Palmetto Dunes, South Carolina PGA West Pebble Beach Costa del Sol Highlands, Spain Kiawah Island Dragon Valley, Korea Sunriver, Oregon Mauna Kea, Hawaii Bandung Pakar, Indonesia Semiahmoo, Washington Mauna La.ni. Hawaii Hana Ranch, Maui Hawaii Kai, Oahu Kaanapali, Maui The Inn at Spanish Bay Crand Cypress, Orlando FL Las Hades, Manzanillo Mexico Kiahuna, Kauai Belmont Beach, Nevis, BWI Sea Pines Plantation Lau Lau Bay, Saipan Carambola, St. Croix, USVI j 1 1 . A more complete description of some golf related resort assignments are as noted below. '! ., J .>. Disney Vacation Club The Disney Vacation Club is a highly successful and innovative participant in the fractional interest resort market. After electing to expand beyond the original Orlando location, DVC retained ERA to aid in site selection and consideration for additional facilities. One prime consideration in the selection process was the amount of golf access and play which4 ., .. 1 i I might be required by their members, and how golf access might be provided. For both the Hilton Head, South Carolina, and Irvine, California sites, ERA assessed the local golf market, and made recommendations to DVC regarding the amount of play which might come from their members, as well as guidelines for negotiating treaties and right of access with area courses. These recommendations were critical to the decision acquire both locations. Tierra Del So~ Aruba, Dutch West Indies Tierra Del Sol is a unique joint venture between the Aruban Government and a private developer. The project contains multiple resort real estate product lines and a championship Robert Trent Jones II golf course, all on leased land. Key elements of the assignment included preparing an operating plan which allowed access to the course for the over 7,000 hotel rooms on the island, while still providing for a private club environment in order to support real estate sales. Costa Banderas Resort, Nararite, Mexico This project is to include up to four resort golf courses, hotels, and extensive resort real estate, all fronting on up to 13 kilometers of coast line on Bahia de Banderas In addition to providing the real estate programming recommendations and hotel feasibility analysis, ERA examined all of the resort golf courses in coastal Mexico and devised a golf operating strategy based on extensive fmancial testing of market viability. Aspen Glen, Pitkin County, Colorado Aspen Glen is being developed as a resort second home community near Aspen, and includes a golf course, spa, two miles of private river frontage, and residential lots. The Gerald Hines Interests was considering acquiring the property, and retained ERA to assess the plan, real estate program, golf membership structure, and other features. ERA perfonned extensive competitive and primary research, made recommendations for changes to both the membership and real estate programs, and conducted a valuation of the project based on the revised program. > ..1 Harvest Golf Club, Kelowna, British Columbia This assignment was conducted for Nipon Cable, and represented the fIrst venture for the owner into the North American golf market. Kelowna is a well known summer resort destination and second home location in the Okannagan region, and is known as a golfmg destination. Research for the project included positioning recommendations for the course, operating format, club house and related amenity programming, within the stated goal of being within the high end of the market. During the analysis, it was determined that a high end daily fee positioning, catering to group outings and the area accommodation base was the preferred venue, due largely to the multitude of membership ~ .... '. "\ 1 programs offered by competing courses which precluded them from addressing this market. Sunriver Resort, Bend, Oregon ERA has prepared several assignments for Sunriver over the years, the most comprehensive of which included preparing a valuation of the entire assets of the resort in anticipation of change of ownership. This valuation included deriving specific value estimates for each of the amenities, including the golf courses. Pebble Beach Company, Pebble Beach California In the early 1990's the owner of Pebble Beach was considering converting the golf facilities to a private club. ERA was retained to analyze the proposed plan, and to assess the economic impact of the plan not only on the operating characteristics of the company, but also on the overall economy of the area. As a consequence, fIscal impacts resulting from changes in property values as well as the tourism market needed to be addressed. This analysis required detailed assessment of the entire resort operations of the Pebble Beach Company, as well as economic patterns of the entire region. The Vineyards, Phoenix, Arizona The Phoenix and Scottsdale area is noted for it fme quality resorts and golf courses. The Vineyards is designed to be a high end daily fee/semiprivate facility aimed at penetrating the resort and group outings market. The analysis for this project required detailed interviews with area hotel operators to determine the amount of potential resort play which might come from the hotels in order to assess pricing policies, potential treaty arrangements with hotel management, etc. GOLF RESIDENTIAL COMMUNITIES ERA has extensive experience in analyzing the market and fmancial feasibility of master- planned golf residential communities. ERA assesses the market potential for golf and golf oriented real estate to generate projections for golf related premiums, supportable prices, and anticipated sales rates. By fmancially modeling alternative development scenarios, ERA provides recommendations for supportable residential products and development phasing as well as strategies to maximize project value and rate of return on investment. In addition, ERA is effectively able to evaluate development synergies and provide recommendations regarding course positioning, membership structure, pricing and marketing. Some representative assignments are highlighted below. Rancho San Carlos This unique property, being developed by Pacific Union Company, is comprised of 20,000 acres adjacent to and accessible from the famous Carmel Valley on the Monterey Peninsula of California. Originally planned for over 5,000 units, new planning guidelines allow for only 350 homes plus up to 150 transient accommodations. The scarcity of developable property dictates a very exclusive residential community, with very strict design controls, a comprehensive environmental management program, and over 16,000 acres of the total being dedicated and deed restricted to a public trust called the Santa Lucia Preserve. ERA was asked to aid in the real estate programming as well as the positioning of the golf course. Initially planned as a resort oriented course focusing on tournament play, extensive focus groups and primary research indicated the proper positioning to be as a private facility. Key to the recommendations was the potential impact on real estate values resulting from alternative operating formats and positioning. Foothills Club West UDC Homes is the developer of Foothills Club West in Phoenix Arizona, a golf residential community targeted towards the higher end of the market. ERA was retained to conduct a market and [mancial feasibility study for the golf course, and to make recommendations regarding supportable fees, memberships, and course positioning. All sources of potential play had to be taken into consideration, including resident, public, and resort guests/tourists to the area. .J The Peninsula Crescent Resources is the development arm of Duke Power. ERA was retained to evaluate the development potential of four separate properties totaling over 6000 acres. The appropriate land uses and development timing of each of the properties was examined. For the site showing the greatest near tenn potential, detailed market and financial analyses were carried out. That site has subsequently been developed as The Peninsula private golf and residential community at Lake Nonnan near Charlotte, North Carolina. In a reverse positioning strategy, this development became the only equity club in an area which offered four other non-equity active membership opportunities at the same time. , .. ..;. Wachesaw Plantation, Murrells Inlet ERA became part of a plarming team chosen to master plan the development of a 1,250 acre fonner rice plantation in the Murrells Inlet area of South Carolina, neighboring the Myrtle Beach resort area. The parcel was unique in that it retained much of the original tree cover, ruins of old great houses, a civil war fort, and other interesting relics of the past. ERA determined the level of market support for primary homes, second homes and resort properties, and provided development recommendations regarding product mix, pricing, amenity requirements and market positioning. A key element of this project was positioning it against the overbuilt resort market by developing the tirst equity club in an area that at the time had over forty golf courses. Subsequent to the conceptual development of the master plan, i 1 ERA performed detailed financial analyses for the investor group as a precursor to soliciting investing capital from outside sources. Daufuskie Island umd Trust ERA was retained as part of the planning team for the 2,350-acre Daufuskie Island residentiaVresort project which is adjacent to Hilton Head Island, South Carolina ERA was initially retained to assess the development potential of one of the last remaining costal barrier islands in South Carolina. An island of over 6,000 acres, accessible only by boat, the project encompasses 2,350 acres. Ultimately it will include three golf courses, a 300-slip marina, a commercial center, associated recreation centers and amenities, and two embarkation points. A key element of the analysis was juxtaposing and positioning the project against Sea Pines Plantation and the neighboring successful developments on well-known Hilton Head Island. The analysis included extensive fmancial analysis of various development scenarios. In a subsequent assignment, ERA conducted focus group interviews to test public acceptance of the project's concept. Finally, ERA aided the developer in soliciting investors and joint venture-partners. The initial phase of the project is now called Haig Point and is owned by International Paper Realty. Pinehurst Resort Community ERA has been engaged by Pinehurst, Inc., for two assignments. Initially, ERA performed a comprehensive market analysis for both resort and residential portions of this North Carolina resort/second-home project, and on the basis of this, developed long-range financial projections. Subsequently, ERA undertook an assignment consisting of two components. The first part consisted of a review of development potential for the existing Village Center and preparation of fmancial projections and future development strategies. The second component was assisting the group business department of Pinehurst in developing a strategy for increasing the amount and quality of group business at Pinehurst. Pinehurst National Golf Club ERA examined the feasibility of an exclusive second-home residential development along with a championship Jack Nicklaus designed 18-hole golf course and related club facility in Pinehurst, North Carolina. The analysis included market research on single-family home lots and patio home lots. The project has been exceedingly successful ~ The Governors Club The developers of Pinehurst National retained ERA to aSsess the market potentials for The Governor's Club, a prestigious golf course residential community on a 1,100 acre site near Chapel Hill, North Carolina. The project, with a golf course designed by Jack Nicklaus, was planned to be one the most exclusive communities in the Research Triangle area ERA's review of the area's residential market included surveys of condominiums, townhouses, single family residences and golf course communities. Recommendations included forecast absorption of residential units and lots, along with a suggested unit and size mix. .. .. 'f 1 Sunrise Company The PGA West project in La Quinta California has been underway since 1985, and will ultimately consist of five championship golf courses, a 60 court tennis complex, 650 roo hotel, and about 4,500 residential units. The Sunrise Company retained ERA to complete an appraisal of the development's position in PGA West. Ventana Canyon Country Club ERA prepared an assessment of the market potential and a valuation of the Ventana Canyon Country Club in north Tucson, Arizona. The club was structured with nonproprietary memberships, but is available for resort play. The valuation relied heavily on the income approach to value, but considered the market and cost approaches as well Horseshoe Bay Resort and Conference Club This project is a 9,000 unit resort and residential development 55 miles northwest of Austin Texas. In both 1986 and again in 1995 ERA prepared a valuation of the operating assets of the club, which included three championship golf courses, marina, equestrian center, small inn, and property management program. PRIVATE GOLF AND COUNTRY CLUBS ,," For private golf and country clubs, ERA performs analyses relating to existing and future membership demand, current and anticipated competitive clubs and measures of fmancial performance. Through detailed analysis, ERA addresses the intricacies of private membership structurings including the economic and marketing impacts of various membership types (for example, equity versus non-equity and private versus semi-private). Other critical issues addressed include the size of the membership, the pricing and phasing of initiation fees, the club privileges for various types of memberships, the level of monthly dues, the refundability and transferability of memberships and the recommended size and scope of physical facilities. ERA is also very experienced in international markets throughout Europe and Asia. Representative assignments are described below. 1 ! ~ 1 .. Desert Mountain In 1993 ERA was part of the master planning team retained to examine the development plan, real estate offerings, and membership structure for the prestigious second home community. Through extensive primary consumer and comparable research ERA developed recommendations and a strategy for providing required amenities and alternative membership programs to insure adequate golf availability to support the remaining residential sales through sell out. It was determined that the area would need to expand to at least four golf courses to accomodate future member requirements. Additionally, real estate product recommendations were made which dramatically accelerated absorption and raised effective pricing levels from their historic levels. J r 1 ! , . .j J Silvercreek Valley Country Club Shea Homes is one of the major homebuilders in California, and recently launched a 1500 unit private golf club community in San Jose California. ERA performed all of the initial golf feasibility assessment, and positioned the membership program relative to the market. All necessary documentation in support of the Department of Real Estate security registrations was also undertaken. Both memberships and home sales have met with strong acceptance, even during the recent recessionary period. Blackhawk Country Club Blackhawk is an exclusive 2200 unit masterplanned community in the San Francisco Bay Area which has gained national recognition. It contains two championship courses, and over $20 million of other recreational features, all of which was to be sold as an equity club to homeowners. ERA was retained to perform a valuation of the membership offering, and to prepare the necessary Department of Real Estate security registration documents. Discovery Bay Country Club Developed originally as a second home community on the outskirts of San Francisco, California, Discovery Bay has transformed into a primary residential area. The developer sought to transfer ownership of the club to the members, and retained ERA to value the memberships as part of the transaction. In this unique assignment, a full valuation of the facilities was necessary in order to substantiate documentation necessary for a tax free endowment to a major university, who was to participate in the proceeds of membership sales. Bald Head Island Resort Mitchell Energy purchased the assets of an established resort operation on Bald Head Island, located off the North Carolina coast. These assets included a good public golf course, an on-island golf cart transportation system, a ferry system to reach the island, the remaining undeveloped real estate, as well as a 6,000 acre nature preserve. ERA assisted Mitchell Energy in revising the resort's master plan, which includes the development of an additional 1,200 units. ERA also evaluated the potential for upgrading the golf facilities and converting the operation to equity membership. ERA assisted in the development and pricing of a program in which all of the operating entities, including the golf course, marina and ferry system were sold to the property owners. ~ , GOLFDEVELOPMENTSTRATEG~ ! ~ Given the long time horizons inherant in the development of large scale master planned communities, it is imperative to insure an adequate mix of recreation opportunities throughout the development cycle to insure ongoing buyer appeal and quality of life for the residents: ERA is particularly experienced in developing golf and other recreation strategies for such communities, including the amount of and initial operating format for the golf component, phasing of additional course offerings, and deteriming the balance between public and private play. From the golf operator and investor's perspective, the fIrm is also very experienced in analyzing portfolios, determining , ..:.. j 1 geographic opportunities, and providing quick assessments of individual investment opportunities. Representative assignments are discussed below. The Province of British Columbia, Canada From time to time the provincial governments of Canada have purposely underwritten private sector development of recreation facilities in an attempt to stimulate tourism and economic development. They were, for instance, major proponents of ski area development during the 1980's, making grants and low interest loans available to private developers. The British Columbia government targeted the golf industry for just such a program in the early 1990's in an attempt to stimulate summer visitation to targeted areas in the same way ski area development had generated winter tourism. ERA was retained as part of the consultant team to analyze the overall condition of the golf market in the Province, to make recommendations regarding demonstration projects, to prioritize geographic areas of the province for initial de:velopment focus, and to assess the potential economic impacts of the recommended development program. Arvida Corporation During the initial stages of development of the 10,000 acre Weston new town in Florida, ERA was retained to develop an overall golf strategy for the community. All sources and types of golf demand were examined to ensure sufficient capacity existed to satisfy future home buyers. Additionally, a detailed program was undertaken for the initial golf course and surrounding real estate, with particular care to position the project against a competing development immediately adjacent. ERA made recommendations regarding the appropriate designer for the course, membership structure and values, clubhouse programing, and a real estate product and price mix. The Irvine Compp'!y ERA has enjoyed a long professional relationship with the Irvine Company, and has performed numerous assignments for this 90,000 acre development. One of the more recent assessments was to provide an overall golf strategy to guide the remainder of the development. A complete competitive assessment of the area was undertaken, and the number and types of courses required to support future household demand was performed. Subsequently, alternative development strategies were performed, detailing pro tit enhancement capabilities from all golf operations, as well as the economic impact on real estate sales. f 'I Silverado Country Club Silverado is a resort and residential community in the Napa Valley, California, with two golf courses, a membership program, and one of the more successful resort programs of any property of its kind. ERA was retained to assess the need of providing an additional golf course in order to satisfy real estate buyers and club members who felt overwhelmed by the resort operation. ERA completed an extensive analysis of the entire resort operation, including an audit of the existing club play structure, and determined the new course was not required. Instead recommendations were made for restructuring access agreements and providing new clubhouse facilities' to satisfy member demand. , I 1 'f , , ,. ..i i j 1 Myrtle Beach Golf Strategy Economics Research Associates was retained by GA TX Realty Corporation to examine the golf market in each of three subareas of South Carolina-Charleston, Hilton Head, and Myrtle Beach. ERA's object of the analysis was to review market trends in each of these areas, and to make specific recommendations regarding each of the existing investment properties and those under co nsideratio n. The Gentry Companies The Gentry Companies of Hawaii are programming a large scale golf residential community containing both an exclusive country club and a retirement community. ERA prepared a strategic plan for golf operations covering three separate golf courses with a total of 72 holes. Unique characteristics of country club, retirement, and tournament courses were evaluated. Specific recommendations regarding design, clubhouse programs, tournament play, etc, were made for each course. Era evaluated special considerations regarding international memberships primarily sold to Japanese. The Country Club course is to be designed by Jack Nicklaus Golf Services. The Woodlands ERA was retained by The Woodlands Corporation, a 25,000 acre new community in Houston, Texas to develop a long term strategy for the development of golf courses over the next 25 years. We examined the potential for private country clubs, daily fee golf, and the potential for a new TPC (Tournament Players Club). Existing golf courses at the Woodlands include one private country club, a TPC course used primarily for group outings and tournaments and a third course which is used by both guests of the Woodlands Conference Center and private club members. In arriving at a long term strategy we conducted an in depth analysis of existing and proposed golf courses within the greater Houston area. We also examined golf development strategies for other large planned communities and then formulated alternative strategies for the short, medium and long term taking into consideration the economic potentials from the golf course operations, the enhancement to golf course oriented residential lots, and the impact on the overall development of The Woodlands. The strategy is being implemented with the development of a second private country club, planning for a 36 hole daily fee complex, and the development of a state of the art Junior Golf Program for which ERA is preparing the program. ) I i ! National Golf Properties National Golf Properties has emeerged as one of the most aggressive acquition players in the golf market, and are routinely examining multiple investment opportunities throughout the United States. ERA has been working with the fIrm on a continual basis assessing the viability of and long term prospects for many of the acquistion targets. Rather than full detailed market analyses, these 1 4 r '. PRIV A TEL Y OWNED DAILY FEE COURSES ,'"' it ~ ,4 Increasingly, private sector developers are entering the golf market, choosing to build courses which bridge the gap between the typical municipal golf experience and that provided by the private golf residential community. ERA is extensively involved in the analysis in support for these facilities. A few of the Ii10re representative assignments are described below. , I 1 ""'" ) Magnolia Creek This 1200 acre development in Orlando Rorida was originally intended to be a joint venture between the property owner and Disney Development, and was planned to include multiple golf courses, hotels, residential, and commercial uses. ERA was retained to assess the golf market for privately owned daily fee opportunities, and to make recommendations regarding positioning, pricing, supportable rounds, etc.. Important to the analysis was the balance between resort/hotel play, resident demand, and off-site area demand. Ocean Colony Partners & Half Moon Bay Golf Links Ocean Colony is a up scale residential golf community south of San Francisco along the Half Moon Bay coast. The owner wanted to expand the golf course and residential area, and the City wished to establish itself as more of a golf destination resort experience. ERA was retained to assess all aspects of the proposed plan, with specific emphasis on the demand for and positioning of the golf. Tower Ranch INTRA WEST is a major Canadian based developer with interests in ski areas, golf, and golf residential communities. ERA was retained to examine the market for and positioning of the golf course aspect of Tower Ranch, a golf residential development in Kelowna, British Columbia. Due to the desire to preserve access for property owners and to maximize real estate premiums, the golf strategy had to be carefully developed so as to maximize present value of the golf operations by providing public access, yet take into consideration the developer's desire for a private community. Thus, a semi-private positioning, converting over time to a private club, was recommended. f 1 .l lmperia/akes Joint Venture Imperialakes is a golf residential community located north of Tampa Rorida New ownership retained ERA to determine the value of the golf course and other amenity assets under both a public play and private courSe operating format as a basis for expanding the golf facilities. Extensive comparative financial analysis determined the market was very price sensitive and highly seasonal Consequently a public play positioning was recommended as a means by which to enhance present value of the facilities. -'- t 1 Sea Ranch Sea Ranch is an established resort second home coastal community along the Mendacino coast north of San Francisco. ERA was retained to value the golf assets, and to project the value of expanded facilities as a requirement for securing funding. An additional nine holes was recently funded by Nations Financial. { '1 ~ Poppy Ridge The Northern California Golf Association retained ERA to assess the market support for this course located in Livermore, near San Francisco. Based 0 the strength of the market support in the area, the NCGA committed funds to build the course, which is now under construction. ,.. J 1 J Ken - Caryl Ranch A private residential developer is interested in developing a golf course community within the prestigious Ken - Caryl Ranch near Denver. The Developer plans on dedicating the land to the Metropolitan Service Disuict. The course would be jointly developed by the Colorado Golf Association and the Ranch, and operated for the benefit of CGA members and Ranch residents, with access to the general public. ERA demonstrated the strong market support for this unique public private joint venture. Although voted down by area residents, the developer and disuict are attempting to go forth with the course. ',,:;. Castle Oaks This privately developed golf residential community is located in the Sierra Mountain foothills south east of Sacramento. In this unique project, the land for the golf course was obtained from the State of California as part of mitigation and impact fees associated with building a state penal facility in the area. The Town of lone transferred title to a private developer who built a residential community surrounding the course. By agreement, the course must be open to the public, but was able to use Mello Roos bonding to construct the course and all necessary infrastructure. The developer retains the right to convert the course to a private facility at a later date under the provision that he construct a like facility in the immediate area and dedicate it to the city. ERA provided all necessary market and fmancial feasibility analyses required to satisfy City and financing requirements. Paiute Indian Tribe The Paiute Indians are planning to develop a four course golf resort on the outskirts of Las Vegas on Tribal Land. ERA assessed the area golf market, including detailed estimates of potential demand to be generated by area hotels, and recommended a development strategy, pricing program, and operating framework for all of the projected facilities. MUNICIPAL GOLF FACILITIES r ERA typically completes 25 to 30 golf assignments each year for municipalities and other public agencies. These studies consist of detailed market and fmancial analyses (often included in successful revenue bond offerings), operations audits, market positioning analyses, and other studies. Please refer to the attached bibliography of comparable projects. .... i I ''/ . . ,... J J J 'j Economics Research Associates New golf courses recently opened or currently under construction where ERA performed market and [mancial analyses are listed below (golf course architect in parenthesis): , I i California 1. NCGA Poppy Ridge, Livermore, California (Rees Jones). 2. The Hills Course, Half Moon Bay, California (Arthur Hills). 3. The Stevinson Ranch Golf Course, Merced, California (John Harbottle). 4. Twelve Bridges, Sacramento, California (Dick Phelps). 5. Castle Oaks, lone, California (Bradford Benz). 6. Saddle Creek, Copperopolis, California (Jay Moorish). 7. Green Horn Creek, Angel's Camp, California (Don Boos). 8. San Juan Oaks, San Juan Bautista, California (Fred Couples and Gene Bates). 9. Diablo Grande, Stanislaus County, California (Dennis Grifftfth & Assoc.). 10. Encinitas Ranch, Encinitas, California (Cary Bickler). 11. Hidden Valley Golf Club, Riverside County, California (Cal Olson). 12. The Cascades, North Los Angeles, California (Bob Cupp). 13. Sea Ranch Expansion, Sea Ranch, California (Robert Muir Graves). 14. The Course at Wente Brothers, Livermore, California (Greg Norman). ~ 15. Coyote Creek, San Jose, California (Jack Nicklaus) '. ..... ."f } j .. 1 .. .. r 1 Other Locations Throughout the World 1. Hualalai, Kona Coast, Hawaii (Jack Nicklaus Signature). 2. Paiute Resort, Las Vegas, Nevada (Pete Dye). 3. Seven Hills, Las Vegas, Nevada (Rees Jones). 4. Lake Las Vegas, Las Vegas, Nevada (Jack Nicklaus). 5. Red Hawk Golf Club, Sparks, Nevada (Robert Trent Jones, II). 6. The Raven, Tucson, Arizona (Robert Trent Jones II). 7. Greyhawk, Scottsdale, Arizona. 8. Foothills Club West, Phoenix, Arizona. 9. Eagle Point, Medford, Oregon (Robert Trent Jones, II). 10. Snoqualmie Ridge, Snoqualmie, Washington (Nicklaus Signature). ., J I J J I I 388 Mar k e t S t! {-j {~t S lJ 11 C' 1~) c; () ~) d II f I d II C I~; (' (l. ( 1\ ~I.l I I 1 41~) 956 8152 Ft...X 415 ~I~(:; ~)7/4 www I'lil\ j l'(,lll t'I,1 1 ERA ... .ltf.li<ltt'd Vvlth Oriv(>r~ Jnna~ Los Angeles San Francisco San Diego Chicago Wdshington DC London ,.. 11. Columbia Point, Richland, Washington (Jim Engh). 12. Settler's Bay, Wasilla, Alaska (9-hole expansion). 13. Westridge Municipal Golf Course, West Valley, Utah (Bill Neff). 14. Buffalo Run, Commerce City, Colorado (Keith Foster). 15. Saddle Rock, Aurora, Colorado (Dick Phelps). 16. Murphy Creek, Aurora, Colorado (Keith Foster). 17. Red Hawk, Castle Rock, Colorado (Jim Engh). 18. The Broadlands, Broomfield, Colorado (Dick Phelps). 19. Bridlewood Course, Flower Mound, Texas (Golf Resources). 20. South Padre Island Golf Club, Laguna Vista, Texas (Landmark National). 21. Hickory Creek, Houston, Texas (Greg Norman / Landmark National). 22. Colony Municipal Golf Course, The Colony, Texas (Baxter Spann). 23. Bright Ranch, Hebron, Texas (Jay Moorish). 24. Broken Arrow, Tulsa, Oklahoma (Bland Pittman). 25. Casino Magic, Bay St. Louis, Mississippi (Arnold Palmer). 26. The Oaks, Pass Christian, Mississippi (Landmark National). 27. Old Works, Anaconda, Montana (Jack Nicklaus). 28. Stock Farm, Hamilton, Montana (Tom Fazio) 29. The Timbers at Troy, Howard County, Maryland (Ault & Clark). 30. Hampshire Greens, Montgomery County, Maryland (Lisa MaId). 31. Jericho National Golf Club, New Hope, Pennsylvania (Michael Hurdzan). 32. Rocky River, Concord, North Carolina (Dan Maples). 33. The Legacy at Lakewood Ranch, Sarasota, Florida (Arnold Palmer). 34. Playa Concha!, Guanacaste, Costa Rica (Robert Trent Jones, II). 35. Tierra del Sol, Aruba (Robert Trent Jones II). i ... J I f ~ " 1 1 I REQUIRED FORMS AND ARTICLES ..,. . i 1 '1 j , i j .. 1 I I J J I I PROPOSER INFORMATION Submitted by: Proposer (Entity): ~LJN'.;) '" /( '> R.. E)EIt~(rI /1 ).'>0<.. i ItIC""> Name (Typed): 1-- At- (p~ ( ~:.J H PETrt SOl..) Signatllre: Addre!JS: 3 ~~ ,;V\A~ kCT S'Tt:,cFr S...tIIT 1S-~"'; City/State: S-\ N r ,.elttJc.:..f 5'-0 LA qLtIlJ Fu: i.f '" - '1""- ~ I s2- 4'<)- 9'" -'>21-t;/ Telephone: ~ It is Wlderstood and agreed by propoler that the City reserves the rigbt to reject any and all propoltab, to make awards on aU items or any items .e~rdiDg to the best interest of the City J aud to waive any i.rrqularities in the RFP or in the proposals reuived as a result of the RFP. It is a1..0 understood ud agreed by the proposer that by submittiDg a proposal, proposer shaD be deemed to undentmd and agree thllD no property intere!t or lepl right of any kind shaD be created at any point during the aforuaid evaluation/selection process Dntil and unless a contract has been agreed to aDd signed by both parties. ~ ) j .. t I ~ 14-. r;p~ V":"""::' (Authorized Sipature) J" /oJ H P E rCRSo I,) (printed Name) lo-Zg- (~8 (Date) i ~ .. . 1c .1 ~ .l I UP NO.: 1-98199 DATE; 10/12/98 CITY OF MIAMI BEACH 10 j >"! 1 .1 .' -J -T j .. 1 1 I 1 1 J I rTnffll DECLARATION TO: Sergio Rodriguez City Manager City of Miami Beach, Florida -~ Submitted this 21 day of C,-t::?~,- ,1998. The und~:rsigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The pro poser states that the proposal is based upon the documents identified by the following number RFP No. 1-98/99. ~SI!~ -:J"o IV H P E rrr 5.;. IJ PRINTED NAME S~ {)..~ TITI.E (IF CORPORATION) RF'P NO.: DATE: CITY OF MIAMI BEACH t:Z 1-98199 1018198 ...........ro.,....,.........~.......... --- ------- i ... 1 I .. ~ . .l, 1 ~ 1 J 7.Tn IiJ1 REQUEST FOR PROPOSALS NO. 1.98199 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part U, whichever applies. Part 1: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part ll: X No addendum was received in connection with this RFP. Verified with Procurement staff f\ ,(HA!/... ~~TH Name of staff i () - 2 ~- 9 g Date . . .~ ~. ~~ (:rajJ H Pt:~S"~) V- (Proposer - Name) A. 1}. \P~ ----tT-~ (Signature) If.} - 2- ') - , 8' (Date) UP NO.: 1-911/9' DATE: 10/11198 CITY OF MIAMI BEACH 11 ~,.. .:;:;;-;--...;-;;;........ .lD - OIS.-\tHLn y NONDISCRI1\lINATION AFFIDA VrT CONTRACT REFERE~CE Rf P th I -"3~/'11 , NAME OF FrRL"f. CORPORATION. OR ORGAJ\TIZATION E'-iJ,'J;<'I'<'") R ESE"/JRU! .1))"'''170 AUTHORIZED AGENT COi'v{PLETING AFFrDA VIT: I:J rl fCT1f?S~,V POSITION SEtJiof'- ,A?~O(f-11{ PHONE N1J1vffiER (4/5) }"-{-,, :,sIS2- I, :I;;J H pc ~s,,:J , being duly first sworn state: That the above named firm. corporation or organization is in compliance with and agrees to cOntinue to comply with, and assure that any subcontractor, or third pany contractor under this project complies with all applicable requirements ofthe laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transponation, communications, access to facilities, renovations, and new construction. - The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104'Stat"J27, 42 U.S.c. 12101- 12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.s.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 V.S.C. Section 3601-3631. if-' ~,,~~ /o--z'}-'1! D:ll~ SUBSCRIBED AND SWORN TO (or affirmed) before me en o-t ~ q B ~ . ~~ i by -=s 0 ('\ ~et~~ . He'She is personally known to me or has 1 (Affi:mt) 1 I presented GlII6r)Y n;a DY1v€.Y' ~ L(r€Y\6~ (T e of identilic:ltion) as identwc:ltion. ,. 1 Notary Public - - -~- t - - - ~l f a~~ ~., - - GLORIA VUEN ~; ,_., COMM. # 1002502 ~ ~ :!? ~ Notary P\bIIc - eanfomla ~ Z :;..... . . SAN FRANCISCO COUNlV (StJt~ ~., ot~~m. ExpIrelJUN_18. 1999J ~ ....... ,.............. """ ... 4 ntract to any firm, corporJtion or orgJliizJtion th:lt fJils 10 complete and submit this izJlion's bid or propos:ll or f:lils to hJve this Affidavit on fill: with the City ofMi:uni / Oh 2~ :2.. (~ Number) Q:> l'HI"'1 ' t) -{ 8- /9<1 '1 (ExpirJtion D:lte) i ~ i ) et L RIA -JuHJ (Print or Stamp Name of Not:uy) I I The City of Miami Be:1ch '11 no Affid.wit with the firm, corpor:lli BC::lch. SWORN STA TEMPH Pl:RSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWOR.'\' TO f.'I THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL ACTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to {.." (,,~ '6 111 ~ :r.:;.; i1/~ fJ. () - V f! ~ '>vrJ (print individual's name and tide) &~.h.. by 5E'" Iv'':'?' .~'))V -1.-1 rl for CC--';;I.;..-"'"., RE')CIt~c.n 1~"~O(llfm (print name of entity submitting sworn statement) whose business address is J % ~ jY1 It ,q K ET ST~rr1 ~~Irf IS'd'O ,Sit,.., FRIlW,-I!w;,,, (A~"1/11 , and (if applicable) its Federal Employer Identification Number (FEIN) is '1"- 36/1/1 , (If the entity has no FEIN. statement:( include the Social .) Security Number of the individual signing this sworn 2. I understand that a "public entity crime" as defined in Paragraph 287.133(I)(g). Florida Statutes. means a violation of any state or federal law by a person with respect to and directly relared to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United SlateS. including. but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other swe or of the United Swes and involving antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" IS defined in Parapaph 287. I 33(l)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity aimc. with or without an adjudication of guilt, in any fcdcraI or state trial COUIt of record relating to charges brought by indictment or infonnation after July I. 1989, IS a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. f 5. "'" j 6. I 1 j i 1 j f j 1 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(1), Florida Statutes. means: I. A predecessor or successor of a person convic:ted of a public: entity crime; or 2. An entity under the control ofany naIUraI person who is active in the management of the entity and who has been convicted ofa public entity crime. TIle tenn "affiliate" includes those officer, directors. executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. TIle ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement. shall be a prima facie case that one person controls another person. A person who knowingly enters into 1 joint venture with a person who has been convicted of a public: entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" IS defined in PlIfIII'IPh 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United SlateS with the lepi power to enter into 1 binding contract and whic:h bids or appl ies to bid on conlnlCtS for the provision of goods or services let by a public: entity, or which otherwise transal:ts or applies to transact business with a public entity. the tenn "person" includes those ofticcrs, directors. executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marlted is tnIe in relation to the entity submitting this sworn statement. (indicate which swement applies.) x Neither the entity submitting this sworn swement, nor any of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charJed with and convicted ora public entity crime subsequent to July I, 1989. The entity submitting this sworn swement, or one or more of the officers, directors. executives, partners, shareholders, employees, members, or apntS who Ire active in the management of the entity, or an affiliate of the entity has been charged with and convicted ora public entity crime subsequent to July I, 1989. The entity submitting this sworn swement, or one or more of its officers, directors, executives, partners, shareholders, employees members. or agents who are lICtive in the management of the entity, or an affiliare ofthc entity has been charged with and convicted ofa public: entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the Swe of Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer detcnnincd that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attacb a copy of tbe final order) . ~ I l:\OERST..\:\D TIIAT TIlE SlB'IISSIO:\ OF TIllS FOR" TO TIlE CO:\TRACTI:\G OFFICER FOR TilE PlBI.IC E:\Tln IDE:\TIFlED 1:\ PARAGRAPII 1 (O:\E) ABOVE IS FOR TII,.\1" PlBLlC E"TIT'\' O"LY A:\I), TIIAT TillS FOR'I IS V,\LlO TIIROlGII DECDIBER 31 OF TilE CALE:'oolDAR YEAR I~ WIIICIIIT IS FILED. I ALSO {'''DERSTA:\D TII,\ T I ,\\1 REQlIREO TO ':\FOR'I TilE PI'BLlC E:"TITY PRIOR TO E"TERI~G I"TO A CO~TRACT I~ EXCESS OF TilE TIIRESIIOLD A'IOl:\T PROVIDF.D ,~ SECTIO~ 287.017. FLORIDA ST.ATlTES FOR CATEGORY m'o OF A:\Y CIIA:\GE I" TIlE I:\FOR\I.\T10" (O",TAI:\[D '" THIS FOR'1, '-,1~ t~ @r---- (Signature) 1'D~21-qt STATEOF (~ COl"TY OF Sa,... F ~ (Date) PERSO.,ALL Y APPEARED BEFORE ME. the undersigned authority. ~C\ n r\. Peter5:) Y"\ . who, arier tirst being sworn by me. atlixed hislher signature in the space provided above on this ~ day of Q:t , 19 ~. , . . My Commission Expires: 6 -t9-\'1'19 @,."_:",GLORIAWEN _ !{. . COMM. # 10D2EQ2 i ~ ,-. ~ - Notary P\bIc - CaIIfcrnIa :: z.,.,. SAN FRANCISCO COJJNlV J '"' ;~.~. T ~c:n~.~;~'~'~~~ ... ! FORM PUR 7068 (Rev, 06/05/91) I t Jt J I 1 1 J I J -- CITY OF MIAMI BEACH VENDOR APPLICATION - NOTE: $20.00 Vendor Administrative Fee is required with this form and will be due before the first of each calendar year. Complete all items on form, check commodities which apply, enclose check in the amount of $20.00. and return to: City of Miami Beach Procurement Division, 1700 Convention Center Drive. Miami Beach, FL 33139 Phone: (305) 673-7490 Fax: (305) 673-7851 ,. Type Application: ,v-2'if- 98 Date: J(New o AddlDelete o Change 9)-3(,1/1/(, Federal ID# or Social Security #: Applicant's Name & Mailing Address for Bidding Forms & Mailing Address for Payments (if different): Purchase Orders: [c." rJO ....Ies R...f5E..,~O-1 A :5::)oO"l'-{) 3 g8 ;V1,., ,r( /([ T 5-' SIoo/ 117: J S' ~.J I. S.4N f R IfN(.1 5'-v CA 9'1111 Type of Organization: o Other: o Individual o Partnership ~ Corporation, incorporated under the laws of the Stale of: c."L.lfO(Ni~ Corporations and Partnerships -I'lease supply the following information: President ~~ ~7'1'" A~OCJI.SoN Vice-President OK/< /I'l/..'Iclt Secretary Til"l ~~ Treasurer T,I"'I R~ Owner or Partners E R. A ~^ ..._ I 1 J.v. 2J.f ~~~. . Persons authorized to sign bids. (:ontracts:~ Name Official Capacity Telephone/Fax Number OJ 111 (. f/1U-' 5- T' - Uu~- p~ 4J'i-'C,(,- K/5"2 /'1/~- 956-r;271'1 J Contact for quotations: O~ 1Yf'-/#..... fdA r.~ II ~'" _ 0. -" - 41~-9n... 81<)"2.. / '16 - 9~ ';-2'1 '1 Type of Business: o Manufacturer o Authorized DistribulOrlDealer o Retai ler o Wholesaler o Construction - General Contractor 0 t(Service (Define): ~~/ ,e~ f.~ t.dW1"~ Sub-ConU3ClOr 0 Business Ownership: o Black o Woman o Hispanic o Section 3 Business o Other, Specify , Occupational Business License Number: (Attach copy to application) I hereby certify that information herein is correct: '~tJ H fE1ERs..w Sc N 101{ ASSOd ~rr ~ 4.(P~ Print or Type Name and Titl~ Signature -.,/ FOR PROClREME:".,. DI\'. USE OI'iLY: Date Received Ltr. Mailed Ltr. Reed. Date Entered \ Vendor ~umbtr Assigned: Entered b~': , i f t i i . I 1 .i i I 10/29/98 10:35 ~1310 478 1950 ECON RES LA SECOND NOTICE: CORPORATION WILL BE DISSOLVED ON OR AFTER SEPTEMBER 30. 1998. AMOUNT DUE ON OR BEFORE 09/30/98: SS50 (IF DISSOLVED, MINIMUM AMOUNT DUE TO REINSTATE: $750), ->-H ERo\ SF I4l 006/0~ ~OFIT -C-ORPORA TION ANNUAL REPORT e' " .~~~~. FLORIDA DEPARTMENT OF STATE Sand,.. B. Northam Secretary of State DIVISION OF CORPORATIONS 1998 P5?~~o~~T # 849637 ECONOMICS RESEARCH ASSOCIATES. INC. (4) Principal Place of Business 1<ml WILSHIRE BLVD 11600 LOS ANGElES CA !OJ24 Mailing Address lQ99J WILSHIRE BLVD '1600 LOS A~LES CA !m24 1111111 1111111111 ~II' '''"111111111 '/111111111111111111 '/111111111111 2. Principal Place of BVSlness 2a, Mailing Address 215 DO NOT WRITE IN THIS SPACE 3. Date Incorporated or Ovald<ed 07061981 4. FEI Number Suite, Apt. #, elc. S uile, ApI. 11. elc 5. C6r1rficate of Stalus Desired o Applied For Not Applicable $8.75 Additional Fee Required 95-3611116 27 City to Slale City & Stale 6, 8e<:1ion Campaign Financing Trust Fund Contribution o Zip Country Country $5.00 May Be Added 10 Fees 8. ThiS corporallon owes 01 has palClthe current year ~gible Personal Property Tax due June 30. 0 Yes ~No 10, Name and Address of New Re lelered A. ent CT CORPORATION SYSTEM 1200 S, PINE ISlAND ROAD PlANTATION Fl 33324 81 Name 82 Slreet Address (P.O. Box Number is Not Acceptable) 83 84 City FL 85 Zip COCle 11. Pursuant to the provisions 01 ~ 607.0502 and 607.1506. Florida Slalules, lhe.aboYe-named ~ral!on submits this statement for the purpose of changing lis regostered office or regIstered agent. or both. m.the State of Flonda. Such change was authorized by the corporation s board 01 directors. J hereby accept the appoontment as regiSlered agent. I am familiar with, and acceplthe ObliQalions of. section 607.0505. FIonda Slalutes. SIGNATURE OTY .sT.ZIP TITl.E NAME STREET AOCRESS CllY.ST.Z1P TITLE OELm fl<<)TE:~_____1 DATE 13. ADDfTIONSlCHANGES TO OFFICERS AND DIRECTORS IN 12 1.1 TJ'lL( Change 0 Addr1lOn 12 NMlE tJ SlIET AlXJRESS 12. TiiLf NAME S';"",", '"*' or prinCed".,.,. 01"""""" -oeM'aIlCS..." ~ OFFICERS AND DIRECTORS RAGER, TIMOTHY 10990 WILSHIRE BLVD LOS ANGElES, CA 00000 DElETE U CITY.sT-ZIP 2 lTlTlf , . ,_--.1 o Change 0 Add,~"" U HAM[ 2J STIIaT AlDlESS 2.4 ClTYoSl.ZIP JllnU \J?1:) B~~~ I ~Ytol\O"-lD 10"\'"\0 WiI..S\\iQ..~ B...."~ ~~~. CA 9002.d CNn;le o Change ,gj AddIII()I\ DELETE NAME LEE. W1WAM 12NNo1E STREETAOORESS 388 MARKET STREET. SUfTE 1580 lJSllifflAill'lF.SS CITY.ST.ZIP SAN FRANciSCO CA HCIlY.ST.ZoP TlTLf VP DELETE 41 mlE NAME SPICKARD. STEVEN 41 NNoIE STREETAIXlRESS 7 NACE AVE 43STREfUOOAESS em.ST.lIP PIEDMONT CA 44 CllYoS1-Z1P Tine VPO DElETE 51 mu NAIoIE BAXTER, CHERYL 52 NAI.!f S'IIlEEUDOIlESS 20 E. JACKSON BLVD. SJS1RE(l~ESS CITY.sI.Z1P CHICAGO R HCllY.Sl.ZIP TITlE VPO DELETE . , nUE - PHIWPS, PATRICK 12_ STREf1ADORESS 8300 GREENSBORO DRIVE IJS1I1e:TAIlllAf:SS ClTYoS1-ZF MCLEAN VA 6.40lY.sr-lf> 14. I hereby cer1i1y,that the infonnation 6UPplled wtth this filing does no! Qua~fy for !he uxomplion Staled In se<:loon 119,07(3)(1). Flonds Slatulss I further cerIIfy UIlII 'he information Indlcaled on this annual report or supplemental annual report Is !rue aOO accurate and that my signalUfe shall have the same legal alleet as If made under oath; lhal I am an officer or dIrector of the c:orporallon or the receiver or lru&l8e empowered to execule \his report as required by etlapler 607, f:lorida Stalules; and Itlal my name appaars In Block 12 or Block 13 If c;h n en n an add_so . TI~OT""'Y f=. \1.A,6€'e I r:;:: r: ~~. ~\ E'c.p.:~T~f'!-y ; o Change o Acdlbon I I I I I o Addlllon l I I I Add""'" SIGNATURE: ~ '3OJqCjl \0 u,1(-9$~$ Dolo o.ro- -. ......... ERA SF 14I 0021006 10/29/98 10:33 ~J310 478 1950 . ECON RES LA . State '. of i Ca ifornia OFFICE OF THE SECRETARY OF STATE ('( il;l'()!\ \TIO'\ I)I\'ISI():,\ L i\l/\H(~ll FC).VC; J~ {'. Secretary of State of tht' State of C:aliforllia. hl'fCb\' certifv: . ',," .. 'rhat t.he ..\illuo\(,d i,Lillscripl hc.ls been ('ornpar('cl \\'itll the corporale- rt'l'urd OIl fill.' ill this officl'. of \\ hich it purports to ht, ;~ ('(IPY, ,-Jlld.th,lt saqH' is fulL trut' and correct. IN 'VITNESS WHEREOF. I execute this certificate and affix the Great Seal of the State of Califomia this l' I , .. ',' ",! /' ~G87 .' l ~ '.J i I l/LuMc.& ~ ~ ,. , . Sc.crctary of State 1 1 1 I ~"c:/~T.Tr FnnM cr.'n'" .;;; " 1 ... , j I 1 1 j I I 10/29/98 .. . '~ 1''' 10:34 WAYNE R. 1. "B1310 4..18 1950 EGON RES LA ~ 003/006 -H-> ERA SF RESTATED ..t@ ~ ~ ,,' "Vr..,~~ I \,.,-9 .',':\. t:9 C, t. / '. '::.:";:.;r . =NDO~~ r"t F I LED in I!,. Df/it. ot 11M Se('~Q'" Il'I St~ of Ihe .slON 01 CaNlomio ARTICLES O~ INCORPORATION OF ECONOMICS RESEARCH ASSOCIATES SEP 1 01987 2. MARCH fONG EO. Secretaty 0' State WILSON and TIMOTHY F. RAGER certify that: They are thEl President and Secretary, :t:"espectively, of Economics. Research Associates, a California corporation. The ArticleSI of Incorporation of this corporation are amended and restated to read as follows: I The name of this corporation is: Economics Research Associates II The purpose of this corporation is to engage in any lawful act or activity for which a corporatic1n may. be organized under the General Ccirporatio1n Law of California other than the banking bu.siness, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III (A) AUTHORIZED SHARES. The aggregate number of shares which this corporation shall have authorized to issue is 660,000, of which .330,000 ,shares shall be designated Class A shares and 330,000 shall be designated Class B shares. The aggregate par value of all shares is $66,000. The par value of the Class A shares shall be SO.lO per share. The par value of Class B shares shall be $0.10 per ~hare. Class A shares and Class B shares shall be equal in all respects except as to voting rights. 1 I r . j J J I ] J I 10/29/98 '). t" 10:34 '5'1310 478 1950 ~ 004/006 ECON RES LA +H ERA SF (B) VOTING RIGHTS. The Class A shares voting as a class shall elect a minority of the Board of Directors. The Class B shares voting as a class shall elect a majority of the Board of . Directors. If the number of members of the Board is an odd number, the Class B shares shall elect one more member than the Class A shares. If the number of members of the Board is an even number, the Class B shares shall elect two more members than the Class A shares. If there are no Class A shares outstanding, the Class B shares shall elect the Board of Directors. If there are no Class B shares outstanding, the Class A shares shall elect the Board of" Directors. IV As long as any Class A or Class B shares are outstanding, the corporation shall not, without the approval of the holders of a majority of the. outstanding Class A shares and the approval of the holders of a majority of the outstanding Class B shares: .... . (A) Amend or repeal any provision of, or add any provision to, the corporation's Articles of Incorporation if such action would alter or change the rights, preferences, privileges or powers of, or the restrictions provided for the benefit of, any Class A shares so as to affect such Class A shares adversely; or (B) Authorize or issue additional Class A, Class B, or any new class of shares or make any changes to the capital of the corporation. 2 '0"1310 478 1950 ECON RES LA ......... ERA SF ~ 005/006 10/29/98 10:35 ... 4..... .~ 3. The foregoing amendment and restatement of Articles of Incorporation has been duly approved by the Board of Directors. 4. TQe foregoing amendment and restatement of Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Section 902 of the Corporations Code. The total number of outstanding shares of the corporation is 203,171 Class A shares and 30,000 Class 8 shares. The number of shares voting in favor of the amendment equalled or exceeded the vote required. The percentage vote required was more than 50% of the outstanding Class A shares and more than 50% of the outstanding Class B shares. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this Certificate are true and correct of our own knowledge. Date: ./ '7 /,:./j/;- _.. Ii ./t.1 ' , , ~L .....~? ..:/ / .......-...yCZ.e/N ~--;'f' ~~_ Wayne ~. Wi son, President c::/ ~ ~r --.-:.-" .._.,..{..,( /~"''''-:-, --.. -.. -,--- . '-- . -- -Timothy\F. Rager,ysecretary 2/60/007 .. 3 CITY OF MIAMI BEACH RFP NO. 1-98/99 REQUEST FOR PROPOSALS FOR A FEASIBILITY CONSULTANT IN CONNECTION WITH THE IMPROVEMENT AND DEVELOPMENT OF THE CITY'S MUNICIPAL GOLF COURSES PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN 1:00 P.M. ON FRIDAY, OCTOBER 30,1998 CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 1 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND The City of Miami Beach desires proposals from qualified firms for a feasibility consultant in'connection with the improvement and development of the city's municipal golf courses B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued October 12, 1998 Deadline for receipt of proposals October 30,1998,1:00 p.m. Commission approval November 4,1998 Projected contract start date December 1,1998 C. PROPOSAL SUBMISSION Proposal must be received by October 30,1998 at 1:00 p.m. and will be opened on that day at that time. Proposals must be submitted to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered. D. PRE-PROPOSAL CONFERENCE N/A E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 2 Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. PROPOSAL GUARANTY N/A G. MODIFICATION/WITHDRAWALS OF PROPOSALS A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of sixty calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP. I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the proposer(s) and not be reimbursed by the City. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 3 J. VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must register prior to award; failure to register will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, services, or commodities. . K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected proposer. This process may continue until a contract has been executed or all proposals have been rejected. No proposer RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 4 shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any proposal surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. Q. CONFLICT OF INTEREST All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 5 investigations and examinations will not relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. S. RELATION OF CITY It is the intent of the parties hereto that the successful proposer be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIMES (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awaIded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a~period of 36 months from the date of being placed on the convicted vendor list. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 6 SECTION II - SCOPE OF SERVICES The City of Miami Beach is moving forward with a plan to improve and develop the City"s three municipal courses: Bayshore Golf Course; Normandy Shores Golf Course and Bayshore Par 3 Golf Course. In this regard, the City has approved on a preliminary basis, a conceptual design of the capital improvement projects required for the renovation of the three golf courses. The conceptual design and related renovations maintain the integrity of the existing design of the golf courses while enhancing some of the holes, improves drainage, expands the practice facilities providing for a driving range with two practice tees and provide for a golf school facility. To finance the renovation of the three golf courses the City seeks to evaluate the following strategies: pay-as-you-go financing; enterprise fund revenue bonds; public/private partnerships and/or other methods. In connection with the evaluation of the financing strategies noted above, the City is inviting proposals for a Feasibility Consultant to assist with the evaluation of the financing strategies and to develop recommendations for a preferred strategy. The evaluation components should include the following: 1. A comprehensive survey and evaluation offees charged at golf courses and facilities within southeast Florida comparable to the proposed fully renovated facilities of the City and owned or operated either by governmental agencies or privately; 2. A recommended schedule of fees including ranges for each course, by season and for all fee categories from those appropriate for a destination resort to those for year round residents; 3. Proposed alternatives for the structure and management of food and beverage operations, proshop operations, cart and equipment rentals, and other services; 4. Evaluation and recommendation of strategies for the financial participation of a single destination resort hotel or group of hotels, including alternatives appropriate for different types of financing; 5. A comprehensive forecast of prospective operating and maintenance costs for each of the facilities, including periodic maintenance and acquisition of capital equipment ;and 6. Development of alternative financing/operating strategies. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 7 The selected feasibility consultant will work closely with the Assistant City Manager, the Finance Director and the Director of the Parks and Recreation Department to develop a financing strategy that .minimizes the expenditure of General Fund capital funds and maximizes the utilization of the golf courses. Current estimates of the renovation costs based on the conceptual design for the three courses is approximately $7,000,000. Estimates to renovate the clubhouse facilities for the courses have not yet been completed but will need to be included as an integral component of the evaluation and feasibility study and strategy development. It is anticipated that this study might be developed in two phases. The first phase would determine and assess the financial feasibility of the renovation of theses courses and the second phase, if necessary, would include expanded information necessary for financing, should that be determined to be a recommended alternative. The following factors will form the basis of the selection of the feasibility consultant: 1. Firm's experience; 2. Experience of professionals assigned to the project; 3. Previous experience of the firm and the professionals assigned with conducting similar studies for golf courses; 4. Ability to perform services within the City's schedule; and 5. Cost proposal. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 8 SECTION III - SUBMISSION REOUIREMENTS Qualified firms interested in providing the services described are invited to submit a complete proposal for consideration. The proposal shall address the items listed below. Non-compliance with the list of requested items will be sufficient cause for non-acceptance of the proposal. * Bibliography of similar projects, including description of study, specific services performed, date of study, references in form of contact person familiar with project. * Identification of all staff members which will comprise the team, tasks they will perform on the proposed project, and their experience and qualifications. * A complete description of the firm's proposed method of carrying out the work, including methods of coordination with City personnel and other agencies. * A time schedule outlining the period of time necessary for completion of all services required for this project. * Fee proposal for project as stated in the scope of services for Phase I and Phase II. RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 9 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 10 REQUEST FOR PROPOSALS NO. 1-98/99 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated ~ Addendum No.5, Dated No addendum was received in connection with this RFP. Part II: . Verified with Procurement staff Name of staff Date (Proposer - Name) (Date) (Signature) RFP NO.: 1-98/99 DATE: 10/12/98 CITY OF MIAMI BEACH 11 DECLARATION TO: Sergio Rodriguez City Manager City of Miami Beach, Florida Submitted this day of ,1998. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: RFP No. 1-98/99. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: DATE: 1-98/99 10/8/98 CITY OF MIAMI BEACH 12