Loading...
SR 06-27-2023 5A City Council Report City Council Meeting: June 27, 2023 Agenda Item: 5.A 1 of 5 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Airport Subject: Award RFP #349 to Corporate Realty Group for Airport Commercial Real Estate Brokerage and Consulting Services Recommended Action Staff recommends that the City Council: 1. Award RFP #349 to Corporate Realty Group (CRG), a California-based corporation, to provide commercial real estate brokerage services and related consulting services for non-aviation properties at the Santa Monica Airport. 2. Authorize the City Manager to negotiate and execute an agreement with CRG in an amount not to exceed $298,608 for three years, with two additional one- year renewal options of $134,877 for renewal option one and $333,962 for renewal option two, for a total amount not to exceed $767,447 (including a 10% contingency) over a five-year period, with future year funding contingent on Council budget approval. 3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. Summary The City of Santa Monica currently contracts with a professional commercial real estate brokerage firm to assist staff with commercial real estate broker and consulting services for City-owned properties at the Santa Monica Airport. Professional commercial real estate brokerage services ensure that the Airport secures fair market leasing rates as required by the Santa Monica Leasing Policy and Guidelines adopted in 2018 (Attachment A). Based on the results of a competitive Request for Proposal (RFP) process, staff recommends that a new professional services agreement be awarded to Corporate Realty Group (CRG) to continue providing these services to the City for an 5.A Packet Pg. 22 2 of 5 amount not to exceed $767,447 (including a 10% contingency) for a term of up to five years. Discussion The City is the owner and operator of the Santa Monica Airport. The Airport includes aviation and non-aviation facilities with various uses that include aeronautical services, commercial office space, creative space, educational classrooms, artist studios, aviation hangars, tie-downs, and a museum. Approximately 92% of Airport revenues are derived from leasing these properties. The City’s ability to optimize revenues from the Airport’s leasable space helps ensure the Airport Fund’s financial self-sufficiency and aligns with the City’s priority of Economic Recovery. There are certain facilities at the Airport that due to their size or complexity within the rental market require the expertise of a commercial real estate broker that can optimize marketing and negotiations to yield maximum revenues for the City. The Airport currently contracts with Corporate Realty Group (CRG) for professional commercial real estate brokerage and consulting for five of the Airport’s non-aviation- related properties, representing approximately 215,000 square feet of non-aviation uses and commercial office space. The City’s contract with CRG will expire on August 31, 2023. To ensure the continuity of such services, the City issued an RFP for the selection of a vendor to provide non- aviation commercial real estate brokerage, and consulting services at the Airport. Staff recommends CRG as the best and most qualified firm to provide these services. If approved by Council, staff will proceed to negotiate a new professional services agreement with CRG and have it become effective on September 1, 2023. Scope of Services Brokerage services include facilitating, negotiating, and completing new and renewal lease agreements with the City of Santa Monica for non-aviation properties assigned including artist studios, commercial offices, event venues, shops, and restaurants. 5.A Packet Pg. 23 3 of 5 CRG will provide consulting services in matters relating to non-aviation real estate brokerage and lease negotiations. Pricing Commissions CRG ’s brokerage fees will be commission based. CRG would be eligible to earn commissions for completing any new or renewal lease agreements at the Airport during the contract period. The new lease commission percentages as well as the renewal rate are favorable to the City as they are less than other brokers’ comparable rates and are consistent with CRG's current rates. The yearly budget amount varies based on the commissions for anticipated new leases and the renewal of expiring leases in each year of the contract, with the City’s largest tenant renewal scheduled for renewal option year two. Commissions would be based on the following terms and conditions: Table 1. CRG Brokerage Commission Fee Schedule Reimbursements Years Percentage or Flat Fee With Tenant’s Representative/ Outside Broker New Term Leases 1-5 3% of aggregate lease value An additional 3% of aggregate lease value 6-10 1.5% of aggregate lease value An additional 2% of aggregate lease value New Month-to- Month Leases Equal to one month’s rent An additional 6% or the value of 1 month’s rent, whichever is greater. Term Lease Renewals 1-5 2% of aggregate lease value Additional 2%-4% 6-10 1% of aggregate lease value Additional 1%-2% Term Lease Expansions 1-5 2% of aggregate lease value An additional 2%-4% of aggregate lease value. 6-10 1% of aggregate lease value An additional 1%-2% of aggregate lease value. Consulting Service Fees CRG will provide five hours of consulting services at no cost for each project (eg. research reports on competitive market rates and financial analyses). CRG will provide 5.A Packet Pg. 24 4 of 5 the City with a proposal and scope of services for consulting projects which exceed five hours. CRG consulting fees are based on the following terms: Table 2. CRG Consulting Fee Schedule Personnel Hourly Rates Percentage of Scope of Work Craig Zund/Principal $225.00 Per Hour 90% Associates $150.00 Per Hour 10% Project Manager $125.00 Per Hour On Demand Consultant Selection Bidder Recommendation Best Qualified Firm Corporate Realty Group Evaluation Criteria Experience and technical competence; quality control; conceptual plan and approach; stability and references, and cost of services based on fair and cost-effective work pricing. Municipal Code SMMC 2.24.190 Proposals Received Clear Blue Commercial Muselli Commercial Realtors Corporate Realty Group Transwestern Real Estate RFP Data Posted On Posted On Advertised In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened March 10, 2023 City’s Online Bidding Site Santa Monica Daily Press 13 April 14, 2023 Justification to Award Responses to the RFP were reviewed by a selection panel from the Public Works Department (Airport Division), Economic Development Division, and Architectural Services Division. Proposals were evaluated based on the criteria in SMMC 2.24.190, staff recommends Corporate Realty Group, as the best-qualified firm to provide commercial real estate brokerage, and related consulting services to the Santa Monica Airport based on the firm’s documented expertise in commercial real estate and consulting services, experience with similar projects at the City; conceptual plan and approach, quality control; positive reports from reference checks, and fair and cost- effective pricing of services. 5.A Packet Pg. 25 5 of 5 Environmental Review The award of an agreement for commercial real estate services would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. Past Council Actions Meeting Date Description 8/14/2018 (Attachment A) Santa Monica Airport Leasing and Licensing Policy Financial Impacts and Budget Actions Staff seeks authority to approve available funding from the Airport Fund to award an agreement with Corporate Realty Group to provide commercial real estate brokerage and related consulting services for the Santa Monica Airport. Funds are included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval. Agreement Request FY 2023-24 Request Amount Future Years Department # Total Contract Amount $121,599 $645,847 57500001.552010 $767,447 Prepared By: Ria Valas, Real Estate Project Manager Approved Forwarded to Council Attachments: A. Airport Leasing and Licensing Policy 2018-08 B. Oaks Initiative Form - Corporate Realty Group (CRG) 5.A Packet Pg. 26 1 SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY Purpose. The purpose of this Airport Leasing and Licensing policy is to establish and declare City policy on matters related to airport leasing. This Leasing Policy shall be used by the City Manager to analyze leasing and licensing issues, to present leasing and licensing recommendations to the City Council, and to render leasing and licensing decisions under the authority granted by the City Council. By adopting the Airport Lease Policy, the City Council seeks, to the extent consistent with the Consent Decree signed by the City of Santa Monica and the U.S. Justice Department on behalf of the Federal Aviation Administration, to have an airport tenant mix that: • Is harmonious with the nearby built environment by protecting the health and safety of Airport neighbors. • Maintains a sustainable Airport Fund that is independent from the General Fund and other subsidies. • Comports with any applicable legal requirements and protects the City’s rights that relate to leases at the Airport. • Continues to provide opportunities for arts, education, and culture, including, but not limited to, the Artist Space Program administered in conjunction with Cultural Affairs Division. • Establishes practices and procedures for evaluating potential leasehold interests, and for lease management and administration. • Fosters uses and practices that are sensitive to the environment and protect the health of Airport neighbors and users and protect the City from future environmental damage exposure. General Provisions. The majority of the Airport revenue is derived from leases. To help support the Airport’s fiscal self‐sufficiency, all rents, fees, and charges must reflect fair market value. To achieve the goals of the Leasing Policy, the policy shall be managed in a manner consistent with the following standards: 5.A.a Packet Pg. 27 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 2 SECTION A: USES 1. Authorized Uses: Authorized uses include: (a) uses required by the Consent Decree; and (b) low intensity uses that are compatible with surrounding uses, serve the adjacent community, and are consistent with the City's environmental goals and policies. Examples of uses in category (b) include, but are not limited to: parks and open space, arts/cultural, creative space, professional theaters, museums, artist studios, art galleries, photograph studios, uses customary or incidental to the production or distribution of motion pictures, educational facilities, professional and general offices, public or private schools existing prior to September of 1984, warehouses, self‐storage/public mini‐warehouses, and restaurants with 500 square feet of floor area or less. 2. Conditionally permitted uses: Parking and automobile storage lots and structures. Restaurants with over 500 square feet of floor area. Theaters. New public or private schools or educational institutions. 3. Prohibited Uses: Prohibited uses include: any use involving the manufacture, processing, storage, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive to the surrounding environment; construction of new general office buildings; any use not specifically authorized as a permitted or conditionally permitted use; and high intensity uses that are incompatible with the surrounding residential uses. SECTION B: TERMS AND CONDITIONS 1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis. 2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐ to‐ month basis. 3. Term for Aeronautical Service Providers. Consistent with the terms of the Consent Decree, aeronautical service providers may be offered up to three‐year lease terms that comport with this Leasing Policy and the Minimum Standards for Commercial Aeronautical Services at Santa Monica Municipal Airport (the “Minimum Standards”), so long as the 5.A.a Packet Pg. 28 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 3 expiration date of the lease does not extend beyond December 31, 2028. 4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month or longer. However, no lease shall have a term that goes beyond December 31, 2028. 5. Environmental Responsibility. New requests to lease and existing leases shall be reviewed to assess potential negative effects on the environment. The City may require environmental studies or testing as appropriate and necessary, and any needed remediation shall be performed prior to establishment of new uses. All lessees shall be responsible for any environmental contamination, resulting from their prior use, as a condition to a renewed or extended lease. Environmental clean‐up will be required as a condition of any renewal or extension. At the time of the application, an assessment of the proposed use will be conducted, and appropriate insurance and/or remediation requirements will be incorporated into the lease based on proposed usage. 6. Rates. All new and renewed leases will be leased at prevailing market rates and rates will be adjusted to stay current with market conditions and as new/renewed leases arise. 7. Percentage Rent Provision. In addition to a base rent, the City may elect to require that certain leases include a percentage rent provision, which can be differentiated by categories of sales. The City shall have the right to audit tenant's financial records to ascertain that the gross sales figures reported by the tenant are accurate. 8. Existing Tenants. All existing airport tenants will be given the opportunity to submit a lease application to the City. The City is under no obligation to offer lease agreements. Submitting an application to the City does not obligate the City to enter into lease negotiations, offer a lease agreement, or execute a lease agreement. The decision to execute a lease agreement will be made solely within the City’s discretion as landlord and property owner. 5.A.a Packet Pg. 29 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 4 9. Whole Building Leases. Whole building leases may, at the City’s discretion, be subject to public Requests for Proposals intended to optimize leasehold occupancy and the self‐sustainability of the airport. Tenants under a whole building lease shall be responsible for maintenance and repair of said buildings. 10. Transfer of Interest. Space sharing is prohibited without the written consent of the City and granting or withholding consent will be conditioned on express standards and conditions set forth in the lease. 11. Lease and License Areas. Operation and improvements to lease and license areas are subject to the City’s standard regulatory rules, review and approval process. 12. Triple Net Leases. The City may require tenants to pay all property taxes and assessments (including Possessory Interest Tax), insurance, and utilities. 13. Commercial Operations Permit (COP). Prospective tenants proposing to use the Santa Monica Airport to engage in an activity that requires a business license from the City are required to acquire a commercial operations permit issued by the City Manager. All COPs will be presented to the Airport Commission for their recommendation and comment prior to City Manager’s approval. 14. Master Tenants. Master tenant agreements are to be phased out in an orderly transition. 15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐ tenancies shall be subject to an orderly phase‐out at the sole discretion of the City. 16. Insurance. Airport lease agreements shall minimize the City’s financial and economic risk, by incorporating reasonable indemnification and insurance provisions. 17. Daily and Transient Users. Daily and transient uses shall be permitted. SECTION C: PERFORMANCE STANDARDS 5.A.a Packet Pg. 30 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 5 1. Compatible and Harmonious. All lessees shall use the airport and any airport property in a manner that is compatible with City policies and with the adjacent residential uses; to encourage activities that complement adjacent residential and commercial uses; to establish practices that are sensitive to the environment and protect the City from future environmental exposure; and for aeronautical service providers, comply with the Minimum Standards. 2. All City‐owned buildings appropriate and suitable for leasing may be subject to a public procurement and solicitation process to identify prospective tenants and licensees whose financial and professional experience, and products and/or services are consistent with the Leasing Standards set forth herein. 3. All prospective tenants must submit a Lease or License Application to the City. Information contained in the Lease Application shall describe the proposed use for the available space; provide information about the respondent; provide references; describe in detail the financial capability of the respondent to perform; and set forth preliminary terms and conditions. 4. Hangars a. Hangars that have a land lease agreement with the City will be on a month‐to‐month tenancy under a City approved lease agreement which will be updated as deemed necessary by the City. 5. Recruitment for artist day studios will adhere to the criteria set forth by the Cultural Affairs Division of Community and Cultural Services Department. Candidate tenants for available Artist Day Studio space are required to file Program applications for screening purposes, and qualifying artists are selected only from the screened waiting list. SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS 1. All leaseholders shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building and 5.A.a Packet Pg. 31 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 6 life safety codes and all applicable environmental laws, ordinances, regulations and other city standards. 2. Facilities will be inspected prior to new or extended leasehold occupancy and refurbished, by the City or tenant (at the City’s election), to a decent, safe and sanitary condition appropriate for use. If tenant makes improvements to the facility as a mutually agreed upon condition of a lease, the City must first review and approve the proposed design and scope of work. All necessary building permits must be obtained, and the work must be inspected for compliance with applicable code(s). Appropriate rental credits for the approved work performed may be negotiated as part of the lease. Any Tenant Improvement Credit that exceeds two months’ worth of tenant monthly rent must be approved by the Airport Director. 3. Each tenant or licensee will be responsible for interior maintenance and repair at its sole expense, and the City generally will retain responsibility for maintenance and repair of roofs, building exteriors, landscaping and common use parking for all Airport‐managed leaseholds unless otherwise specified in the lease or license. Tenants who lease whole buildings from the City will be responsible for any and all maintenance, repair and improvements including roofs, building equipment and exteriors of the facilities as well as interior maintenance and repairs. 4. Tenants shall respond to the City’s written inquiries regarding any complaints or issues. Tenant will provide an action plan for improvement if so requested by the City. 5. As applicable, the above requirements may be incorporated in leases, licenses and other agreements. In addition, the City may add to any Lease or License further or different or additional operational and performance standards as the City concludes are appropriate to the particular Tenant’s operation. 6. Upon confirmation that the proposed tenancy is consistent with this Leasing Policy, a lease agreement will be prepared for review by the City Attorney and execution by the prospective tenant before being referred 5.A.a Packet Pg. 32 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting 7 to the City Manager for approval. Leases for terms greater than terms specified in these guidelines require City Council approval. SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY 1. The City Manager has the authority to negotiate and execute month‐to‐ month leases, leases with aeronautical service providers, and leases that expire prior to or on December 31, 2028, provided the City Manager finds the proposed use is consistent with this Leasing Policy, the Minimum Standards, and the Consent Decree. To be valid, such leases must be on the basis of written agreements prepared and approved as to form by the City Attorney. Leases for terms of occupancy of more than five years or with an expiration date beyond December 31, 2028, or otherwise outside the parameters established by this Policy, will require City Council approval. 2. The City may cooperate with commercial real estate brokers who are authorized to negotiate leases on behalf of prospective tenants. SECTION F: GENERAL PROVISIONS This Leasing Policy may be altered by the City at any time, in its sole discretion, and shall not create any right or reliance interest for any person. Updated August 2018 5.A.a Packet Pg. 33 Attachment: Airport Leasing and Licensing Policy 2018-08 (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting CITY OF SANTA MONICA OAKS INITI ATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public off icial from receiving, and a person or entity from conferring, specified personal benef its or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists f or persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This inf ormation must be updated and supplied every 12 months. 5.A.b Packet Pg. 34 Attachment: Oaks Initiative Form - Corporate Realty Group (CRG) (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting CITY OF SANTA MONICA OAKS INITI ATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benef its include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ Craig Zund Owner / CEO 5/11/23 Craig@Corprg.com (310) 570-5011 Corporate Realty Group, Inc Craig Zund Craig Zund 5.A.b Packet Pg. 35 Attachment: Oaks Initiative Form - Corporate Realty Group (CRG) (5539 : Award RFP Airport Commercial Real Estate Brokerage and Consulting