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Heritage Harbor Community Development District Request for Proposals To Lease and Operate the Heritage Harbor Restaurant Facilities and Golf Course Concession
HERITAGE HARBOR REQUEST FOR PROPOSALS
TO LEASE AND OPERATE THE RESTAURANT AND
GOLF COURSE CONCESSION
1.1 Introduction
The Heritage Harbor Community Development District (“District”) is soliciting competitive proposals (“Proposal(s)”) from qualified professional restaurant operators (“Applicant(s)”), to lease and operate the District's restaurant and banquet hall facilities (“Restaurant Facilities”), located at 19502 Heritage Harbor Parkway, Lutz, Florida 33558, including a license for operation of a golf course food/beverage cart concession (“Golf Course Concession”) to service the District's golf course. Operation of the Restaurant Facilities and Golf Course Concession includes use of the District's full liquor license, requiring a minimum of 51% food sales. [The District holds a Commercial Lease on the restaurant and golf related facilities located in the Heritage Harbor Clubhouse (“Clubhouse”) building, and will Sub-lease the Restaurant Facilities to the selected Applicant.] The District is a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, managed by DPFG (“District Manager”) on behalf of the District and its governing Board of Supervisors (“Board”). All meetings of the Board are publicly noticed and all decisions of the Board are made at public meetings in compliance with Florida's Sunshine law. All records of the District are public records pursuant to Florida law. This Request for Proposals (“RFP”) includes instructions, a scope of work, and a Proposal Form. The lease/license agreement for the Restaurant Facilities in the District (“Sub-lease”) is subject to negotiation and approval by the Board.
The Restaurant Facilities consist of approximately 4,407 square feet of restaurant, bar and banquet room areas within the Clubhouse building, together with a 155 square foot office, use of adjacent patio areas and the upper pool deck for restaurant related services. In addition to the Restaurant Facilities, the District owns and operates an 18 hole public golf course facility known as the Heritage Harbor Golf and County Club. [Management and operation of the golf course is not included.] The Clubhouse is a shared use building, approximately 18,100 square feet in size, which includes the Restaurant Facilities, the golf pro shop, the golf cart barn, recreational amenities for the District residents, and common areas. The Clubhouse and surrounding property, which includes recreational amenities for the residents, are owned by the Heritage Harbor Golf & Country Club Community Association, Inc., a Florida not-for-profit corporation, which is the master homeowners' association for the community. The Restaurant Facilities and Golf Course Concession are currently managed by Olympian Restaurant and Bar, Inc. (“Olympian”), a Florida Corporation. The Olympian sub-lease expires on June 30, 2021, and a new Sub-lease with the successful Applicant will commence after that date. The District's public golf course generates approximately 31,000 rounds of golf annually. During the four (4) year period prior to calendar year 2020, operation of the Restaurant Facilities generated gross revenues from banquets, alcohol sales, golf hospitality cart sales, lunch and dinners, in the following amounts: $521,413 (2016), $468,069 (2017), $442,544 (2018), and $417,617 (2019). During the same years, the golf hospitality cart generated the following portion of the gross revenues: $73,503 (2017), $64,511 (2018), $61,482 (2019), and $50,256 (January - August 2020). Gross revenues for the year 2020 are not expected to meet or exceed the prior year due to adverse impacts of the COVID 19 Pandemic. All furniture, fixtures and equipment for the operation of the Restaurant Facilities are owned by the District. The District anticipates entering into a Sub-lease with the successful Applicant for the interior portion of the Restaurant Facilities, i.e., the approximately 4,407 square foot restaurant and the 155 square foot office areas, and an exclusive food and beverage concession (license), certain adjacent exterior areas, and the District's golf course.
1.2 Proposal Selection Procedure
The District anticipates awarding the Sub-lease to the Applicant making the Proposal Most Advantageous to the District. The “Proposal Most Advantageous to the District” shall be determined at the sole and absolute discretion of the Board, but shall not be based upon any formula, scoring, ranking, price or other determining factor(s). The preferred proposal is expected to be submitted by the Applicant (i) best capable and qualified in all respects to operate the Restaurant Facilities and Golf Course Concession by providing high quality food and beverage services, (ii) demonstrating the integrity and reliability necessary to assure performance, (iii) most responsive to the RFP as determined by the Board, and (iv) demonstrating the financial capacity and experience to consistently generate rental income to the District. Proposals may not be modified after opening. If only one Proposal is received, the District may proceed with the negotiation of a Sub-lease with such Applicant. The District reserves the right to reject all Proposals. If no responses to the RFP are received, the District may take whatever steps are reasonably necessary in order to proceed with the procurement of the proposed Sub-lease. Applicants not receiving a Sub-lease shall not be entitled to recover any costs for Proposal preparation or submittal from the District.
1.3 Sub-lease Term and Rents
District and the selected Applicant will execute a Sub-lease for a term of not less than five (5) years. The Sub-lease term and rent are subject to final negotiation.
1.4 Applicant Instructions
Sealed Proposals are invited for all work as defined, suggested, or implied in the RFP, as well as any addenda issued to Applicants prior to the submission of proposals.
The preferred Applicant shall promptly enter into negotiations after receiving written notice of the award. The District expects to enter into a Sub-lease with the preferred Applicant within 30 days after receipt of notice of the award.
This RFP does not guarantee that a Sub-lease will be awarded. The District expressly reserves the right to reject any or all Proposals at any time and until such time as a Sub-lease is executed. The District reserves the right to waive any discrepancies or technicalities in any Proposal received. The District further reserves the right to request modification or supplementation of any or all Proposals.
1.5 Proposal Preparation
This RFP includes a Scope of Services and a Proposal Form which shall be addressed in the Proposal. The District reserves the right to request additional information if clarification is needed.
1.6 Proposal Delivery
One (1) electronic copy sent via e-mail and seven (7) hard copies of the Proposal shall be delivered to the District's Legal Counsel, Straley Robin Vericker, Attn: Tracy J. Robin, 1510 W. Cleveland Street, Tampa, FL 33606, no later than 12:01 p.m. on January 11, 2020 (the “Proposal Delivery Date”), at which time all Proposals shall be publicly opened. All requests for additional information, including, without limitation, information regarding the historical business experience of the golf course and restaurant, allocation of costs, income and expenses, facilities, and a tour of the facilities shall be directed to the District Manager, Patricia Thibault, DPFG, 250 International Parkway, Suite 280, Lake Mary, FL 32746, [email protected], (o) 321-263-0132, ext. 4205, (m) 407-221-9153. All completed Proposals shall be submitted in a sealed opaque envelope which states on the outside: “SEALED PROPOSAL FOR THE LEASE OF RESTAURANT FACILITIES OF Heritage Harbor CDD.” Proposals communicated by Applicants orally will be rejected. No Proposals will be accepted after the above stated time. Submission extensions will not be allowed unless expressly stated in writing by the District Manager.
1.7 Opening Proposals
All Proposals received prior to the Proposal Delivery Date will be securely kept until the time and date stated above for opening the Proposals, at which time all Proposals will be publicly opened at the above referenced offices of District Counsel.
1.8 Interpretation and Addenda
No oral interpretations will be made to any Applicant as to the meaning of the Scope of Services. Interpretations, if made, will be written in the form of an addendum and sent to all Applicants.
1.9 Examination of the Site
Each Applicant is required to have visited the Restaurant Facilities and thoroughly familiarize themselves with all conditions pertinent to the facilities, in total, as is indicated in the Scope of Services. Appointments for a tour of the facilities must be scheduled through the District Manager as referenced above.
No relief from any obligation of the Sub-lease or compensation will be granted because of lack of knowledge of the site or conditions under which the Sub-lease will be performed. (e.g., general working conditions, accessibility, condition of the premises.)
1.10 Insurability
Each Applicant shall supply with its Proposal evidence of insurability. Insurance limits must be consistent with commercial coverage requirements for similar facilities and acceptable to the District.
1.11 Proposal Duration
The Proposal must state that it will be valid and effective for a minimum of 120 calendar days starting with the day following the Proposal Delivery Date.
1.12 Rent Instructions
Applicants shall submit their proposed Base Rent for the Restaurant Facilities and proposed Percentage Rents based on gross revenues (“Additional Rent”) on the Proposal Form.
1.13 Applicant Resume
Each Applicant shall submit with its Proposal a complete resume of experience and qualifications. The information should include, at a minimum: the length of time the Applicant has been in business, customer references, and restaurant management experience. The Applicant shall permit the District Manager to review their financial statements for the past 2 years, together with such other records and financial information as the District may require to demonstrate the financial capacity of the Applicant to adequately capitalize and operate the Restaurant Facilities.
1.14 Signature and Legibility
The name, address, signature of the Applicant shall be clearly and legibly written on the Proposal Form. Applicant's Proposal shall be signed by a person legally authorized to bind the Applicant to a Sub-lease.
1.15 Presentations of Proposals to the Board
The District will require and anticipates interviewing desirable Applicants at a Board meeting in mid-January 2021 (date and time to be determined) at the Heritage Harbor Clubhouse located at: 19502 Heritage Harbor Parkway, Lutz, Florida 33558.
SCOPE OF SERVICES
The Sub-lease for operation of the Restaurant Facilities does not include, within the Scope of Services, management of the golf course, Clubhouse and recreation facilities such as the pool, tennis courts, fitness facility or CDD common areas. The Sub-lease will be strictly limited to the Restaurant Facilities and the Golf Course Concession, and the operation of food and beverage services within those areas. This RFP and Scope of Services description is intended to describe the use and operation of the Restaurant Facilities. Upon satisfactory negotiation of basic terms of the Sub-lease (including, without limitation, the term and rent), the Applicant and the District will negotiate a Sub-lease in which the terms and conditions will incorporate customary commercial lease provisions and more specifically address pertinent issues related to the Applicant's use and occupation of the premises and the facilities.
Required services include, without limitation:
General Use Restrictions. It is anticipated that the Applicant shall use the approximately 4,407 square foot restaurant solely for restaurant and banquet hall uses, including food and beverage service for all outdoor service areas, and shall at all times maintain the Restaurant Facilities in a neat, clean, and operational condition. Applicant shall have the exclusive right to provide food and beverage service at the Restaurant Facilities, and shall operate the restaurant business in a dignified manner, in accordance with high standards of restaurant operation, so as to maintain a character in keeping with that of the Heritage Harbor golf course, clubhouse, and the surrounding Heritage Harbor community. During daylight hours of operation for the golf course, Applicant shall have the exclusive right to provide food and beverage services for the District's golf course, and will be expected to provide service of alcoholic beverages on the beverage cart provided for Applicant's use by the District. Applicant shall be responsible to pay all operating and maintenance costs of cause the beverage cart to regularly circulate on the golf course for purposes of food and the beverage cart (including insurance). Applicant shall keep the beverage cart well stocked and beverage sales, within agreed upon hours of operation. Applicant shall at all times and at its own expense, comply with all laws, ordinances, orders, rules and regulations of any municipal, county, state or federal governmental authority or other governmental authority having or claiming jurisdiction over the Restaurant Facilities, and shall obtain all licenses and permits required or necessary for operation of the Restaurant Facilities. If any law, regulation or rule requires that an alteration, repair, addition or other change be made to any part of the Restaurant Facilities, such work shall be done at Applicant's sole expense. Applicant shall be required to maintain and repair/replace leased assets as needed. Applicant shall abide by, and cause its agents, employees, licensees and invitees to abide by the rules and regulations promulgated by the District, as amended from time to time. Use and placement of vending machines shall require approval of the Board at the Board's sole discretion.
Reporting
1) Applicant shall be required to submit a report of monthly gross revenues from their operational accounting software (within 10 days of month end), showing sales for the following:
1) Restaurant food and soft beverages
2) Restaurant alcohol
3) Golf cart food and soft beverages
4) Golf Cart Alcohol
5) All other merchandise sales, if any
6) Total Gross Revenue
The District reserves the right to require use of a “point of sale” system for all such sales, if not specified by the Applicant. [All “other merchandise sales” are subject to approval by the Board at its sole discretion; no merchandise sales that compete with the golf course or pro-shop will be permitted.]
2) Applicant shall submit a copy of the quarterly sales tax return to the State of Florida, within ten (10) days from the date of submittal to the State of Florida.
REQUIRED PROPOSAL FORMAT:
APPLICANT RESUME
Each Applicant shall submit with its Proposal a complete resume of relevant experience and qualifications. The information should include, at a minimum: length of time the Applicant has been in business, customer and business references, experience with restaurant management.
BUSINESS/MARKETING PLAN:
Preparation of a business/marketing plan specific to the needs of the Restaurant Facility. The plan should include objectives to grow the top line as well as identification of operating efficiencies.
Description of the proposed style or type of restaurant operation (whether full service, sports bar, bar and grill, etc.), and any theme or special characteristic to the proposed business operation, sample menu or other such pertinent information.
Proposed days and daily hours of operation throughout the calendar year, including holidays.
Describe any changes or improvements to the Restaurant Facilities that are or may be required to implement the business plan, including whether the Applicant will be responsible for the cost of such changes or improvements.
PROPOSED LEASE TERMS:
Provide proposed monthly base rent.
Provide proposed percentage rent formula and/or amount based on gross annual revenue.
Proposed term of lease.
Special terms or conditions required.
OTHER:
Applicant shall address any terms of conditions not otherwise addressed in this RFP and Scope of Services, which Applicant determines are essential requirements of conditions relating to the proposal.
Lease of Restaurant Facilities and operation of Golf Cart Concession
Heritage Harbor Community Development District Tampa, Florida
The undersigned Applicant hereby submits this proposal to operate the Restaurant Facilities and Golf Cart Concession located at the Heritage Harbor Community Development District (“District”), at 19502 Heritage Harbor Parkway, Lutz, Florida 33558, in a manner consistent with the Scope of Services and the RFP received from the District, and enter into a Sub-lease acceptable to the District.
PROPOSED RESTAURANT FACILITY MONTHLY BASE RENT
$ _________________
PROPOSED PERCENTAGE RENTS BASED ON GROSS ANNUAL REVENUE (ADDITIONAL RENT)
$ _________________
Applicant Name________________________________
Address______________________________________
Signature_____________________________________
Title_________________________________________
Telephone Number______________________________
Email________________________________________
Date_________________________________________
_______________________________
Name of Applicant (Tenant and Business Name)
Date:___________________________
By:_____________________________
Name:__________________________
Title:___________________________
November 13, 2020 20-03585H