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HomeMy WebLinkAboutR-02-1066J-02-889 9/26/02 RESOLUTION NO. 02--1066 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REMANDING TO THE ZONING BOARD TO MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL BY MR. ANDRE J. ZAMORANO, ESQUIRE, OF CLASS II PERMIT APPLICATION NO. 02-007 ISSUED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of April 22, 2002, Item No. 1, adopted Resolution No. ZB 2002-0560 by a vote of seven to two (7-2), to affirm the decision issued on Class II Special Permit Application No. 02-007 by the Planning and Zoning Director on January 10, 2002, and WHEREAS, an appeal of the Zoning Board decision was filed by Mr. Andre J. Zamorano, Esquire; and WHEREAS, the City Commission after careful consideration of this matter, finds that the instant matter should be remanded to he Zoning Board to make findings of fact and conclusions of law; CITY COOUSSION, MEETING S E E 2 6 2002 Resolution . NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The request for appeal by Andre J. Zamorano, Esquire, of Class II Permit Application No. 02-007 issued by the Planning and Zoning Director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event for the property located at approximately 401 Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is hereby remanded to the Zoning Board to make finding of fact and conclusions of law. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 02-1066 PASSED AND ADOPTED this 26th day of September , 2002. ATTEST: PRISCILLA A. THOMPSON CITY CLERK CTNESS: Page 3 of 3 62-1066 ZONING FACT SHEET Pz 1 Case Number: 2002-0553 22 -Apr -02 Item 1 Location: Approximately 401 Biscayne Boulevard Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Raceworks, LLC City of Miami, Owner 2601 South Bayshore Drive 444 SW 2 Avenue Suite #100 Miami, FL 33130 Miami, FL 33133 Rep. (305) 416-1025 Zoning: PR Parks & Recreation Request: Appeal of a Zoning Board decision, which denied an appeal by Mr. Andre J. Zamorano, Esquire, of a Class II Special Permit application number 02- 007 issued by the Planning and Zoning director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event. Purpose: This will allow permanent road improvements in Bayfront Park in association with a temporary event. Recommendations: Planning & Zoning Dept.: Denial of the appeal, approval of the Class II Special Permit. Public Works: No comments. Plat and Street Committee: N/A. Miami -Dade County No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: Comply Order History: Analysis: Zoning Board Resolution: ZB 2002-0560 Zoning Board: Denial of the appeal. City Commission: Continued from City Commission of July 25, 2002. Vote: 7-2 02-1066 S T E E L I __ Steel Hector & Davis LLP 200 South Biscayne Boulevard S E C T O R Miami, Florida 33131-2398 d D A V I S w 305.577.7000 305.577.7001 Fax www.steelhector.com The Honorable Manuel Diaz Mayor Hearing Board Division Planning and Zoning Board City of Miami, Florida 444 S.W. 2d Avenue 7th Floor Miami, Florida Gabriel E. Nieto May 7, 2002 305.577.7083 gnieto@steelhector.com The Honorable Members of the City Commission, City of Miami Re: Request For Review: Miami Zoning Board, April 22, 2002, Item No.. 2002-0553 Dear Mayor Diaz and Commissioners: This law firm represents Homestead Miami Speedway, LLC ("Speedway'), with respect to the appeal of a Class II permit approved on January 10, 2002 for a temporary racetrack with permanent improvements, which was heard by the City of Miami Zoning Appeals Board ("Zoning Board") on April 22, 2002. As there is no specific procedure identified in Article 20 of the City of Miami Zoning Ordinance governing requests for review of Zoning Board decisions, this letter shall serve as Speedway's formal request for review of the April 22, 2002 Zoning Board decision on Item No. 2002- 0553 pursuant to Article 20 of the City of Miami Zoning Ordinance.' A $500 filing fee and a $105 Notice fee are enclosed. Please notify us of any additional fees. 1 For your convenience the pertinent portions of -the permitting record are attached. A copy of the Class II Permit issued on January 10, 2002 is attached hereto as Exhibit 1 A transcript of the April 22, 2002, Zoning Board proceeding is attached as Exhibit 2. 02-x.000 Miami West Palm Beach Tallahassee Naples Key West London Caracas Sgo Paulo Rio de Janeiro Santo Domingo S T E E L G HECTOR ®DAV I S" City Commission May 7, 2002 Page 2 FACTUAL BACKGROUND A brief overview of the tortured history surrounding the issuance of a preferential no -bid contract to Raceworks LLC, ("Raceworks") to authorize its use of Bayfront Park as a racetrack, and the related issuance of the Class II permit for it to modify the park to this end, is necessary to understand the various defects in the Class II approval outlined herein.2 A. The Original Agreement between the City and Raceworks On August 9, 2001, the City Commission passed Resolution 01-845 authorizing the City Manager to negotiate with Raceworks an agreement (the "Original Agreement") for the use of Bayfront Park and adjacent City property as a racetrack by Raceworks.3 Thereafter, on November 15, 2001, the City Commission approved Resolution 01-1229, authorizing the City Manager to execute the Original Agreement between the City, Raceworks, LLC, and the Bayfront Management Trust.4 Pursuant to the Original Agreement, Raceworks was authorized to hold two multi -day racing events each year, with the racetrack essentially engulfing Bayfront Park. The general public is to be excluded from the park while the race and associated preparations and tear -down periods occur. The net effect is that the park would be converted to a private use as a racetrack (as opposed to a park open to the general public) for two periods of more than 10 weeks each, for the next 15 to 25 years.5 2 Many of the issues that arose in the process and the various legal proceedings that followed would have been avoided by the City simply (i) allowing others to bid for the preferential racing contract issued to Raceworks and (ii) avoiding the permanent and far-reaching impact on the continued use of Bayfront park as a public park inherent in that preferential contract. 3 The interested parties to the agreement were the City, Raceworks, and the Bayfront Management Trust. 4 A copy of the Original Agreement, executed by the City Manager on January 7, 2001, is attached hereto as Exhibit 3. 5 Pursuant to the Original Agreement, the City and the Trust granted 62-1.066 STEELp _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 3 The use of the public property contemplated in the Original Agreement was expressly subject to any "existing and other governmental restrictions." Id. at Section 6. Further, as noted in Section 12 of the Original Agreement the "[1]icensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property . . . the City will make the necessary Initial Improvements to the Public Property that will comprise the Race course. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Section 18 of the Original Agreement states that "[t]he City shall obtain licenses, authorizations and permits from the applicable county, state and federal agencies for the improvements, modifications and maintenance that it shall perform on the Public Property that comprises the Race Course." Thus, the Original Agreement recognizes that generally applicable governmental restrictions apply to the race, and that it may not be held unless it is in full compliance with the law, including the ordinances of the City of Miami. Although obviously subject to generally applicable legal restrictions and administrative approval processes, the Original Agreement calls for the use of public property specifically for a "Race Event" and contemplates numerous improvements to facilitate such racing. "Race Event" is defined in Section 2 (k) of the Agreement as, "the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race." In addition to the Race Event Section 2 (p) of the Agreement contemplates numerous "Support Events" which include the installation of a "Racing Village," Raceworks the "right to use its Public Property to state a maximum of two Race Events a year on the Race Course and within the Race Perimeter." Original Agreement, Section 6 Further " [t]he initial term of this Agreement shall be fifteen (15) years, commencing upon the effective date of this Agreement. The Licensee shall have the option of extending the term of this Agreement for a period of ten (10) years. Original Agreement, Section 3. STEEL® _ HECTOR ®DAV I S` City Commission May 7, 2002 Page 4 catering compound, hospitality suites, VIP club, merchandising facilities, and other related activities. All of these activities occur at least partially in Bayfront Park. To facilitate the "Race Event" and the "Support Events" the Original Agreement calls for numerous permanent and "temporary" improvements to be constructed throughout Bayfront Park. The permanent improvements (i.e., those that will be left in place between Race Events) include extensive repaving and modification of streets, curbs and gutters, removal of various types of traffic control devices and other modifications. And, this does not even begin to touch on the full scope of the work, as during each Race Event vast "temporary" improvements designed to transform the park into an automobile race course with tens of thousands of ticket -holding spectators will be installed in the park. The only thing distinguishing the permanent improvements from those that are deemed "temporary" is that the later will be dismantled and stored for some portion of the period between the semi-annual Race Events. The undisputed record evidence shows that these improvements, both permanent and "temporary," are designed specifically to convert Bayfront Park into a racing stadium and related attractions, and would no doubt become the defining use of the present park. As noted by Speedway's racing expert, Al Garcia, at the hearing, "it's very obvious that the improvements that were made to the surrounding areas and to the park itself were strictly for racing." Ex. 2, at 38. Indeed, even the review of a simple diagram of the track, such as those submitted into the record before the Zoning Board, can lead to no conclusion other than that the improvements are specifically designed to transform the park into a racecourse. As Zoning Board member Mr. Pina was quick to identify, "we're using public land where extensive improvements are being made and I dont think it's serving the general public." Ex. 2, at 43. The improvements in the park are for racing and nothing more; they simply serve no other logical purpose. B. The Circuit Court Litigation Speedway filed suit against the City and Raceworks on October 22, 2001, alleging, inter alfa, that the City improperly engaged in non-public discussions and negotitations with Raceworks regarding a proposed agreement to have Raceworks Ui-1066 h S T E E L I HECTOR ®DAV I S" City Commission May 7, 2002 Page 5 conduct a motor car race on City -owned waterfront property in downtown Miami.6 Speedway then moved for summary judgment on Counts V and VI of the Second Amended Complaint, on January 25, 2002. Those counts relate to the City's failure to engage in public bidding prior to entering into an agreement with Raceworks to use city waterfront property for a racecourse. As Speedway noted, the City Charter does not allow this, and expressly requires any contract for the use of such property to be awarded by public bidding. On March 4th, 2002, the Circuit Court granted Speedway's Motion and ruled that "[flhe contract between the City and Raceworks, which is acknowledged to have been entered into without the City having complied with any of the applicable competitive bid procedures, "is hereby declared null, void and of no further legal effect." See Exhibit 5, p. 15 (emphasis added).? In so holding, Judge Genden directed the City to place any contract for use of its waterfront property as a racecourse up for public bidding and declared that any such contract that failed to follow public bidding requirements would be invalid pursuant to section 3(f)(iii) of the City Charter. See Exhibit 5, pg. 12. In response to Judge Genderi s order, the City of Miami, the Bayfront Park Management Trust, and Raceworks, LLC .entered into a subsequent Licensing Agreement dated April 11, 2002 (the "April 11 Agreement"). While the April 11th Agreement contains numerous cosmetic changes designed to address tangential aspects of Judge Genderi s ruling, the fundamental defect remains. The April 11th Agreement still fails to address the lack of competitive bidding which plagued the original Original Agreement. Indeed, the fundamental point of Judge Genderi s ruling was that any contract allowing for the use of the City's waterfront property to the exclusion of the general public must be submitted for public bidding. The City has simply refused to 6 A copy of Speedway's Second Amended Complaint is attached as Exhibit 4. 7 A copy of the March 4, 2002, Order is attached as Exhibit 5. Judge Genderi s ordered nullified the Original Agreement, effectively prohibiting the Special Improvements authorized in therein. Despite the fact that a Circuit Court order has declared the Original Agreement null and void, the City has continued to allow the construction of Special Improvements as identified in the voided Original Agreement. 02-1066 STEELp _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 6 comply with this requirement, despite the fact that it may receive a more favorable contract as a result.$ C. The Class II Special Permit Shortly after entering into the Original Agreement, on January 10, 2002, the City's Director of Planning and Zoning issued to Raceworks the Class II permit (No. 02- 007) that is the subject of this appeal. The permit authorizes both temporary and permanent improvements in Bayfront Park to facilitate the Race Events and Support Events set forth in the Original Agreement.9 These improvements, both temporary and permanent, relate directly to the racing and supporting event uses contemplated for the park. See Ex. 3, at Exhibit D. On January 25, 2002, Speedway appealed the Class II special permit. In its appeal Speedway pointed out numerous fatal defects in the issuance of that permit, which included: 1. The inconsistency of using of Bayfront Park for racing with both (i) the applicable zoning district in the City's Zoning Ordinance and (ii) the underlying future land use classification in the City's Comprehensive Neighborhood Plan; 8 Commissioner Teele recently sponsored a resolution allowing race promoters to submit proposals for unspecified additional races in the City. However, that did not address the fundamental problem of the City having failed to allow others to bid on the contract issued to Raceworks. Indeed, that contract contains numerous special accommodations, such as preferential racing dates and access to public financing that do not appear to be available to other race promoters. And, it is not clear whether the City will even allow an additional race to be held based on the submittals. 9 Special Permit No. 2002-0038, a separate Class II permit, was issued authorizing parallel improvements. Unlike the permit at issue, that authorization did not directly authorize the use of Bayfront Park for racing. 02-1066 STEEL© _ HECTOR ®DAV I S' City Commission May 7, 2002 Page 7 2. The fact that several provisions in the City's Zoning Ordinance require, at minimum, review as a Major Use Special Permit for the contemplated racing use in the PR zoning district; 3. The fact that the Zoning Ordinance lacks any standards under which such use can be permitted; 4. The utter failure of the Director to make the findings expressly required under the Zoning Ordinance for approval of a Class II Special Permit and the related failure of the applicant to provide the necessary information from which such findings could be drawn; and 5. The fact that Raceworks had no valid authority to use the park for racing and therefore could not be issued a permit to construct specialized racing improvements. On April 22, 2002 the January 25th appeal was considered by the Zoning Board. Item No. 2002-0553. Both the Speedway and Raceworks made arguments and presentations to the board. Raceworks did not, however, address the merits of the inconsistency with the PR zoning District or the land use classification, instead claiming that the City should simply ignore such legalisms and blindly issue the permit. Tr. Ex. 2, p.11-12. Similarly, Raceworks urged the Zoning Board not to accord any substantive consideration to the other arguments made on the basis that the Class II permit is only for "curb , gutter, drainage and paving,"10 in essence asking that the City (i) divorce those improvements from the racing use that is their sole purpose for existing and (ii) ignore the fact that the Class II permit also authorizes numerous temporary improvements such as grandstands and VIP suites that are similarly part of a racecourse." 10 Tr. Ex. 2, at 11. 11 Tr. Ex. 2, at 22. 02-1066 S T E E L I _ HECTOR ®DAV I S' City Commission May 7, 2002 Page 8 In essence, Raceworks asked the board to pretend that the permit is simply for improvements that Raceworks is making in the park, as if such work was being accomplished for no reason whatsoever. And, not stopping there, Raceworks would lead the City further down the path and have it to limit its consideration to only some of the improvements at issue. The City staff, through a presentation by Lourdes Slayzk, made comments that similarly sought to limit consideration of the substantive issues. Her primary theory was that the Class II permit was simply for "improvements" in the Park, not any particular land use, once again failing to take account of the specialized nature of the improvements, which have but one purpose. Ms. Slayzk's comments ignored the extensive temporary improvements that will be erected for each race, focusing on certain aspects of the permit to support the nonsensical theory that Raceworks is just building random improvements to the city park motivated by nothing more than civic pride and having nothing to do with a multi-million dollar Race Event. The fact that the improvements are perfectly suited to one specific type of auto -racing (the American Le Mans series), which just happens to be the type of racing Raceworks is sanctioned to conduct, is apparently treated as nothing more than mere coincidence City staff. At the hearing, the Zoning Board denied the appeal on a 7 to 2 vote. Several comments recognized that the improvements were not for the general public, and instead constituted a specialized private automobile racing use being constructed in the park. Tr. Ex. 2, at 43 and 44. And, Speedway supported this point with undisputed expert testimony which established that the improvements that were made to the park were specifically for racing. Tr. Ex. 2, at 38. Additionally, Speedway demonstrated that the improvements are specifically designed to meet the requirements of one Racing organization -- the American Le Mans series, Raceworks sanctioning body.12 This testimony also showed that were the City to 12 There are a number of sanctioning bodies that govern automobile racing, each with its own rules and regulations. A race course designed to meet the requirements of Raceworks sanctioning body (American LeMans) would not meet the requirements of other sanctioning organizations. Because each sanctioning body charges a membership fee typically in excess of one -million dollars, there is also a limit as to how many sanctioning organizations any one race sponsor will join. 02-1066 STEELL _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 9 eventually entertain bids for the Race Event -- as Judge Genden has directed -- the specialized design and construction of the course would give an advantage to Raceworks. Were Speedway to be allowed to compete for the Race it would propose a far different Race Course. Indeed, this would be a requirment for it to comply with the regulations of its sanctioning organizations. The fact that the existing course was custom designed by and for Raceworks will certainly give it an unfair competitive advantage if and when the City finally allows meaningful competition for street racing in Downtown. D. Land Use and Zoning of Bayfront Park Bayfront Park is classified as Recreation use on the City of Miami Comprehensive Neighborhood Plan Land Use Map. The park is zoned PR (Parks, Recreation, and Open Space) on the Official Zoning Atlas for the City. The PR district's intent was for the establishment of "public and private parks, recreational facilities, educational and cultural facilities, marine and marina facilities, entertainment facilities, social and health related service facilities, public safety, and City of Miami administrative facilities, including authorities and agencies thereof, parkways and scenic corridors." See Section 401 Intent and Scale. Further, Section 401 identifies arts centers, museums, art galleries, restaurants, cafes, retailing, camping facilities as acceptable "conditional principal uses. " Article 25 of the Zoning Ordinance, entitled Definitions, provides general and specific definitions of uses, and it does not contain a reference to automobile racing events or any of the supporting race event uses such as those contemplated for the park and for which it was modified. In fact, there is no reference anywhere in the Zoning Ordinance to these uses nor to any analogous use. E. Issuance of the Class II Permit Section 1303 of the Zoning Ordinance, provides that no application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appear in the ordinance. It is clear from the intent provision of Article 13 governing Special Permits, that a Special Permit is required in addition to otherwise applicable zoning procedures and 02--1066 S T E E L I _ HECTOR ®DAV I S" - City Commission May 7, 2002 Page 10 requirements. The Special Permit is intended to require special examination review, and findings in addition to the requirements of the underlying Comprehensive Plan designation and Zoning district requirements. "It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the city in connection with proposed actions particularly specified in this zoning ordinance." Section 1300. ARGUMENT I. Raceworks Has Not Secured Approval For The Race As Mandated By Section 549 of the Florida Statutes. Chapter 549 of the Florida Statutes governs automobile race meets in Florida. The statute requires that prior to the issuance of a racing permit, a municipality must determine that the person applying for the permit has the following: (1) adequate insurance to pay any damages incurred because of loss of or injury to any person or property; (2) demonstrated experience in conducting a racing event on a highway or street or in a park; (3) adequate security and necessary facilities will be provided during the racing event; and (4) demonstrated the ability to protect the health, safety, and welfare of the citizens of the municipality and those persons attending the racing event.13 The City of Miami has yet to issue a permit with specific findings that Raceworks has met the factors enumerated in Fla. Stat. § 549.08. Thus, Raceworks by applying for zoning permits, demolishing structures, repaving roads, and building a race track is violating state law. Further, the City of Miami is legislatively preempted from 13 See Fla. Stat. § 549.08. Gf -1066 STEEL® HECTOR- ®DAV I S' City Commission May 7, 2002 Page 11 authorizing the issuance of specialized improvements for racing until Raceworks has fulfilled the requirements mandated by state law. II. The City Of Miami And Raceworks Are Violating Circuit Court Tudge Genden's Order. On March 4, 2002, Judge Genden issued an order granting Plaintiff Speedway's motion for summary judgment on counts V and VI of the second amended complaint. Judge Genden s Order was based on certain undisputed facts: First, that the City and Raceworks entered into a contract, the Original Agreement. Second, that the City of Miami never made any attempt to solicit bids or proposals. Third, that the City Commission on August 9, 2001 approved of and authorized the City Manager to execute the contract with Raceworks pursuant to City Commission Resolution No. 01- 845. Based on these facts and its review of the pertinent documents, the Court made the following findings: 1. Speedway has standing to assert its claims and the contract is a lease. 2. Because the contract is a lease, the City was and is required to follow competitive bid procedures applicable to leases, and the City's failure to do so renders the contract void as a matter of law. 3. Alternatively, even if the contract were not a lease, the City was required to follow competitive bid procedures pursuant to the provisions of City Charter § 3(f)(iii). The City's admitted failure to follow any competitive bid procedures renders the contract void as a matter of law. 4. The contract between the City and Raceworks, ... is hereby declared null, void and of no further legal effect .... 14 14 Exhibit 5, at 13. 02-1066 S T E E L I _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 12 The contract which Judge Genden declared null and void is the same contract which upon which the Class II Special Permit is based. Thus, what the Zoning Board did on April 22, 2002 is approve a Class II permit which authorizes special improvements to facilitate a private use of City waterfront property that has been found to be prohibited by the City Charter, and thereby give life to a void contract that has been stricken by the courts. At best, the end result of the Class II permit will be that Downtown Miami will have an unauthorized and illegal private race track built upon public property to facilitate Race Events that the City has no power to allow (absent proper competitive bidding). III. A Race Course Use Is Not A Proper Subject For Approval By A Class II Special Permit. Under § 1500 of the City of Miami Zoning Ordinance issuance of Class II Special Permits is governed by regulations applying to special permits as set out in: (1) Article 13 of the City of Miami Zoning Ordinance; (2) The official schedule of District Regulations; (3) Elsewhere in the City of Miami Zoning Ordinance; or (4) Article 15. Further, all Class II Permits under Section 1514 shall be reviewed pursuant to provisions and standards contained in Article 13. The intent of Article 13 is to establish a special permit system. "It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the city in connection with proposed actions particularly specified in this zoning ordinance." Section 1300. (emphasis added) Further, Section 1303 provides that "[s]pecial permits relating to this zoning ordinance shall be required only where specific provision therefore is made by this zoning ordinance. No application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appears in this zoning ordinance." Section 1303. (emphasis added) Thus 02-1066 S T E E L 6 _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 13 according to Article 13 and Article 15 of the City of Miami Ordinance, unless there are specific provisions in the Zoning Ordinance for the special permit, no special permit shall be accepted. The Class II Special Permit issued in this case was for a racing use that doesn't appear in the Zoning Ordinance and whose authorization was never contemplated. The fact is that a Class II permit was never intended to apply to an event which will have dramatic effects on parking, traffic, and which will bring in crowds that will reach an estimated 50,000 spectators. The Zoning Ordinance simply does not contemplate such a use and accordingly provides no applicable standards for permit review. If applicable provisions and standards do not exist to guide permit issuance, as is the case here, the permit may not be accepted or approved. See Section 1303. Indeed, the lack of sufficient standards to guide administrative decisionmaking and allow parties to determine their rights is a key defect running throughout the Class II permit approval. Any approval based on the undisciplined and standard less application of the Zoning Ordinance, in a context that was clearly never envisioned, would be constitutionally infirm even if it were allowed under the code. See Miami -Dade County v. Omnipoint Holdings Corp., 2002 WL 341654 (Fla. 3d DCA 2002); City of Miami v. Save Brickell Avenue, 426 So. 2d 1100 (Fla. 3d DCA 1983). Lastly, even if an argument could be made that neither provision applies, then Article 9 controls, which addresses "uses not specified." Section 904 states that the "default" applies when there is substantial doubt as to whether a particular use not specifically identified in the zoning ordinance is "of the same general character as those listed as permitted or conditional uses." (emphasis added). Here there is nothing specifically identified in the City of Miami Zoning Ordinance which is of the same, or even similar, character as a race track. Further, Section 904 provides that where there is substantial doubt as to whether a particular use is of the same general character as those listed as permitted or conditional, the department should consider "intent of this zoning ordinance concerning the district involved, the character of uses specifically involved, the character of uses specifically identified, and the character of the use or uses in question." However, again, nothing in the Zoning Ordinance even remotely resembles 02-1066 STEEL© HECTOR 6DAV I Sw City Commission May 7, 2002 Page 14 a race track, let alone a race track that will cause permanent changes to the Downtown appearance. IV. Whether a Class II Permit, a Major Use Permit, Or A Permit Pursuant To Article 9 Were Issued, Specific Written Findings Are Required. All special permits, whether a Class II Special Permit or a Major Use Special Permit, require written findings and determinations concerning such of the following matters as are applicable in the case: 1305.1 Ingress and egress. 1305.2 Offstreet parking and loading. 1305.3 Refuse and service areas. 1305.4 Signs and lighting. 1305.5 Utilities. 1305.6 Drainage.15 None of these written findings have been made, nor has any information even been submitted by which many of these findings could even be made. The race track requires grand stands, repavement of roads, demolition of sidewalks, and permanent changes to Downtown. The race will close down Downtown traffic and attract thousands of people. It will also convert a city park into a highly intensive use, and require the storage of thousands of tires and other equipment, not to mention tens of thousands of gallons of fuel in makeshift structures next to the bay. Yet, there has been no consideration regarding the adverse impacts of having this type of event each year, because the Director chose to apply a prefunctary "rubber stamp" approval without even bothering to make the minimal findings required for issuance of a Class II permit. 15 Article 13 of the City of Miami Zoning Code. 02-.1466 ... ..................... . S T E E L 0 HECTOR ®DAV I S' City Commission May 7, 2002 Page 15 Lastly, the application submitted by Speedway to the City of Miami for the permit only consists of maps and a application form. Thus, the City of Miami had no proper basis or representations from Speedway as to the extent of what the Class II permit was authorizing. V. A Race Event Cannot be Autorized in the Parks And Recreation ("PR") Zoning District. The City of Miami's Comprehensive Plan designates Bayfront Park as PR. Section 401 of the Zoning Ordinance regulates PR Parks, Recreation and Open Space. The sections identifies (1) major structures such as performing arts centers, museums, and art galleries; (2) supporting social and entertainment services such as restaurants, cafes, and retailing; (3) City of Miami administrative offices; and (4) Camping facilities. Again, nothing in this section even remotely resembles a race track. The closest the PR District comes to authorizing a race track is through the "conditional principal use." of the PR district. The Zoning Ordinance allows for "'[m]ajor structures such as performing arts centers, museums, art galleries and exhibition space which change the character of an existing park." Section 401. But, these are so removed from automobile racing as to be wholly inapplicable.16 And, while Section 401 does have a "catch all" phrase which states "other activities which further municipal purposes as determined by the city commission," and such approval can only be made in the context of the Major Use Special Permit, not by perfunctory review as a Class II Permit.17 16 Even for these uses, the Zoning Ordinance requires approval by a Major Use Special Permit when the facilities exceed 3,000 square feet in total, which is clearly the case here. 17 Review as a Major Use Special Permits would also be required pursuant to 1301.4: "[i]t is intended that Major Use Special Permits be required where specified uses and/or occupancies involve matters deemed to be of city-wide or area -wide importance." A street race that will attract 50,000 people in one weekend, twice a year, build grand stands, close Downtown Miami two weekends a year, and which will require major construction and widening of Downtown Miami's streets, should at a minimum require a Major Use Special Permit. 02-1066 rJ` STEEL® HECTOR ®DAV I S" City Commission May 7, 2002 Page 16 CONCLUSION The Class II Permit was issued in contravention of both the Zoning Ordinance and the Comprehensive Neighborhood Plan, and without so much as contemplating the effects of what the permit approves, much less making specific findings as required by the Zoning Ordinance. That aside, the Class II permit approves special improvements whose origin is from a contract/lease that has been declared null and void. And, it authorizes the conversion of a city park into a race course, for a race that has not even been approved according to the procedures set out by the Legislature. Therefore, it is clear that the Class II Special Permit was improper, the application was premature, the procedures that were followed were inconsistent with your zoning ordinance and inconsistent with your comprehensive plan, not to mention flagrantly defiant of a Circuit Court Judge's order. For these reasons we ask that you deny the Class II Special Permit. Very truly yours, Ste ect Davis LLP 1 Jorge Luis Lopez Gabriel E. Nieto Juan Carlos Antorcha MIA2001 105643v2 02-1066 CITY O� MIANIi. FLORIDA INTER -OFFICE IAEMORANDUM Distribution below A elabe -Sanchez, Director lanning nd Zoning Department February 6, 2002 �_ Class II Special Permit #02-0007 Bayfront Park; Clarification of January 29,2002 Memorandum It has come to my attention that it is impossible to accomplish the necessary construction of the internal park road approved by Class II Special Permit #02-0007 within Bayfront Park and necessary to prevent harm to life and property, as set forth in my findings issued by memorandum dated January 29, 2002, without approving the associated relocation of trees located on the road. The memorandum referenced herein, dated January 29, 2002 lifted the stay on building permits associated with Class II #02-0007 based on findings associated to peril to life and property unless the work, which has already begun, is completed. By way of this memorandum, the January 29, 2002 memorandum is modified to reflect the additional finding by the Director of the Planning and Zoning Department that the relocation of the five trees located on the internal park road is required for the same reasons set forth in the January 29, 2002 memorandum. Distribution: Frank Rollason, Assistant City Manager Dena Bianchino, Assistant City Manager John Jackson, Director Department of Public Works Albert Ruder, Director Parks Department Hector Lima. Director Building Department Lourdes Slazyk, Assistant Director Department of Planning and Zoning Juan Gonzalez, Zoning Administrator Department of Planning and Zoning Teresita L. Fernandez, Chief Office of Hearing Boards Zoning Board Members u2-1066 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Distribution below January 29, 2002 - Class II Special Permit Bayfront Park _ !il VG1aV 'JalIG1lGG, LII G\.LVl ti`���i Tannin nd Zoning Department On January 25, 2002, appeals were filed against Class II Special Permit #02-0007 (the Class II). The Class II was issued on January 15, 2002 for permanent roadway improvements on Bayfront Park in Downtown Miami. Please be advised that although there were.two appeals filed for this Class II Special Permit, work has not ceased due to eminent peril to life and property (as specified in Article 18, Section 1803, of Zoning Ordinance 11000, as amended). The proposed work commenced prior to the filing of the appeals. The purpose of the Class Il was for road reconstruction/improvements on an internal park road frequently used by the public. The work cannot cease at the moment due to life/safety hazards associated with the public use of the road and upcoming Special Event to be held in the Bayfront Park area. The Special Event is expected to draw hundreds of thousands visitors to the area in question. A large part of the activity associated with the Special Event will take place in Bayfront Park. It is a public park, and as such will draw many people, among them, children and elderly people who stand a great risk of being injured if they inadvertently come too close to the construction area. The City anticipates that the proposed work will be completed prior to the event to ensure that there is no risk of injury to event patrons. A construction fence is not an adequate safety buffer for such large crowds, therefore work must be completed in time and should not cease while the appeals are in process. By way of this memorandum, I am finding that there is eminent peril to life and property which may result by ceasing the work being conducted on the internal park road in Bayfront Park in Downtown Miami. Distribution: Zoning Board Members Frank Rollason, Assistant City Manager Dena Bianchino, Assistant City Manager Joel Maxwell, Deputy City Attorney John Jackson. Director Department of Public Works Albert Ruder, Director Parks Department Hector Lima, Director Building Department Lourdes Slazyk, Assistant Director Department of Planning and Zoning Juan Gonzalez. Zoning Administrator Department of Planning and Zoning Teresita L. Fernandez, Chief Office of Hearing Boards 09-1066 ST E E L HECTOR ODAV ( S" VIA HAND DELIVERY January 25, 2002 Ms. "Teresita Fernandez Hearing Boards City of Miami Riverside Center 444 SW 2nd Avenue, 411, Floor Miami, FL 33130 Steel Hector & Davis LLP 200 South Biscayne Boulevard Miami. Florida 33131-2398 305.577.7000 305.577.7001 Fax www. steel hector. com Andre J. Zamorano Of Counsel 305.577.7052 azamorano a'steelhector. com RE: Class 11 Special Permit for Temporary Race Track with Permanent Improvements File # 02-0007 Dear Ms. Fernandez: This law firm represents Homestead Miami Speedway, LLC and other interested parties (collectively "Appellants") with respect to this appeal of a Class II permit approved on January 10, 2002 for a Temporary Racetrack with Permanent Improvements. As there is no specific procedure identified in Article 18 of the City of Miami Zoning Ordinance governing appeals of Special Permit Decisions, this letter shall serve as the Appellants' formal appeal of the above referenced Approval. A $500 appellate fee is enclosed, as well as a $73.50 notification fee. Please advise us if any additional fees or information are required. Facts. On August 9, 2001, the City Commission passed Resolution 01-845, authorizing the City Manager to negotiate a Revocable License Agreement (between the City, Raceworks, LLC and the Bayfront Management Trust) for the use of City owned property located in and adjacent to Bayfront Park. Subsequently on November 15, 2001, the City Commission approved Resolution 01-1229, authorizing the City Manager to execute the negotiated Revocable License Agreement ("Agreement") between the City, Raceworks, LLC and the 02-x.666 Miami West Halm Beach Tallahassee Naples Key West London Caracas Sao Paulo Rio de Janeiro Santo Domingo S T E E L I HECTOR ®DAV I S" Ms. Teresita Fernandez January 25, 2002 Page 2 Bayfront Management Trust. Pursuant to Section 6 of the Agreement, the licensee is entitled to the temporary use of public property, subject to existing zoning and other governmental restrictions, for the purpose of conducting a "Race Event" and "Support Events" as defined in the agreement. The licensee is permitted to conduct a maximum of two Race Events annually for approximately 15 years. "Race Event" is defined in Section 2 (k) of the Agreement as, "the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race." "Support Events" is defined in Section 2 (p) of the Agreement as secondary racing series and other entertainment activities, which include having a "Racing Village," catering compound, hospitality suites, VIP club, merchandising facilities, and such other related activities permitted under the Agreement that are conducted with a "Race Event." Land Use / Zoning. Bayfront Park is designated as Recreation on the City of Miami Comprehensive Neighborhood Plan Land Use Map. The park is zoned PR (Parks, Recreation, and Open Space) on the Official Zoning Atlas for the City. The Recreation land use designation does not identify any use even remotely similar to formula one automobile racing or any of the "Race Event" uses or "Supporting Event" uses described in the Agreement. Neither does the PR. District describe automobile racing events as a Permitted Principal use or as a Conditional Accessory use. Accordingly, the American Lemans Series Course Event described in the Agreement is inconsistent with the Comprehensive Neighborhood Plan and is inconsistent with the PR zoning district. Article 25 of the Zoning Ordinance, entitled Definitions, provides general and specific definitions of uses, and it does not contain a reference to automobile racing events or any of the supporting race event uses described in the Agreement. In fact, there is no reference anywhere in the Zoning Ordinance to these uses. Accordingly, a land use plan amendment is required to authorize these uses in the Recreation land use designation and the PR zoning district. 02-1066 STEEL1 _ HECTOR ®DAV I S" Ms. Teresita Fernandez January 25, 2002 Page 3 Despite the fact that the "Race Event" and "Support Events" are inconsistent with the land use designation for Bayfront Park and the PR Zoning district for the Park, on January 3, 2002, in violation of Section 1303 of the Zoning Ordinance, which provides that no application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appear in the ordinance, the Department accepted an application for a Class II Special Permit for a temporary race track with permanent improvements. Director's Interpretation. Even assuming arguendo that the "Race Event" and "Support Event" uses were similar or substantially similar to other uses permitted in the PR Zoning District, the zoning director would have been required to follow the procedure in Section 904 of the Zoning Ordinance entitled "Determinations for Uses or Characteristics of Uses Not Specified." This provision addresses instances where there is a substantial doubt as to whether a particular use or uses not specifically identified in the Zoning Ordinance are of the same general character as those listed as permitted or conditional uses in the district. In the present case, the decision of the Director of Planning and Zoning approving a Class II Special Permit for a use not specifically authorized under either the Recreation land use designation or the PR zoning district must be reversed. It is clear from the intent provision of Article 13 governing Special Permits, that a Special Permit is required in addition to otherwise applicable zoning procedures and requirements. The Special Permit is intended to require special examination review, and findings in addition to the requirements of the underlying Comprehensive Plan designation and Zoning district requirements. Clearly the perfunctory issuance of a Class II Special Permit without even detailed conditions addressing the proposed temporary racetrack with permanent improvements results in a circumvention of the underlying zoning and land use requirements applicable to Bayfront Park. Moreover, as it relates to this application the City's Zoning Ordinance lacks sufficient standards to allow the issuance of a Class II permit. Similarly, the application utterly lacked the information required to allow the Director of Planning and Zoning to consider all of the potential impacts of the proposed use 02-1066 STEEL1 _ HECTOR ®DAV I S' Ms. Teresita Fernandez January 25, 2002 Page 4 and to consider relevant safeguards and conditions as required under section 1305 of the Zoning Ordinance. For all the foregoing reasons, the Appellants hereby appeal the decision of the Director of the Department of Planning and Zoning. The approval is inconsistent with the underlying land use designation and zoning district for Bayfront Park and constitutes a "Development Order' pursuant to F.S. 163.3164 that is inconsistent with the Comprehensive Neighborhood Plan. Due to the short time allotted to file this appeal and the fact that the City respond to our request for public records just yesterday, we reserve the right to amend this letter in the event that other issues pertinent to this appeal become apparent upon a more detailed review of the matter. Sincere An J. Zamorano cc: Ana Gelabert-Sanchez 02--1066 Miami Zoning Board Resolution No.: 2002-0560 Monday, April 22, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: A RESOLUTION OF THE ZONING BOARD DENYING THE APPEAL BY ANDRE J. ZAMORANO, ESQ., OF THE CLASS II SPECIAL PERMIT APPLICATION NO. 02-007 APPROVED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, IN ORDER TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A' (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED PR PARKS AND RECREATION. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Yes Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina No Mr. Allan Shulman No Mr. Angel Urquiola Away Mr. Georges Williams Yes AYE: 7 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 7-2 i Teresita L. Fernandez, Executive Secrakary Department of Planning and Zoning Hearing Boards Division Case No. 2002-0553 Item Nbr: 1 1066 r It Exl?tb;+-A. Clor- 3) XTZRNAL IMPROV 4ZIT FUND �i DEED NO. 194k7 �! KNOW ALL ME'N BY THESE PRESENTS: D6 3130) .. -Z5 7 STATE 0_ LORIDA That the undersigned, Trustees of the Internal Improvement Fund of the State of 1 a. under and by virtue of the authority or Section 253.12, FlQ i Statutes, 1941, and accordin- to the provisions provided f, Section 253.13, Florida Statutes, 19l+1, and for and in con - tion of the sum of Ten and 00/100 Dollars and other good and valuable considerations, to then in hand paid by CITY 0? 2:.IA!.-.I, Dade County, Florida, receipt of which is hereb�,acknoviledged, have granted, bargained, sold and conveyed to the said CIzry 0? ;dI-1141 and its successors and assigns forever, the followin^ de- scribed lands, to -wit: /e;inning at the point of intersection of the Easterly production of the Cener Line of Richmers Street (now known as N. E. 13t.t Street) as shorn on the Amended Plat of "RIC:Gi-rRS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the hest side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty.feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N. E. 13th Street); thence run Easterly along said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now ;mown as N. E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as follows: "Thence in a Southeasterly direction to the Southeast corner of the Southwest Quarter of the Southwest Quarter (Si,,1-,-, of swl)` of Section 32, Township 53 South, Range 1*2 East4; Thence South- easterly along the said last described course to the said Southeast corner of the STV} of SWI of Section 32, Township 53 South, Range 42 East; Thence run South along the•Vest line of the NEI of YNA--� of Section 5, Township •54 South, Range 42 'East to a point ei,-hty feet Northerly from and measured at right an, -,les to the Center Line of the Miami h1uhi- cipal Channel; Thence run Southeasterly following that course 'described in Deed Book 1472, Page 474 as follows: "Co--mencinG at the intersection of the West Line of the N3; of VV.I- • of Section 5, Township 54 South, Ranze 42 :East; and a line parallel to and eighty feet Northerly from, and measured at right angles to the Center Line of the Miami bkuni- cioal Channel", to the East boundary of the West 311, of said Section 5; Thence run South along the East boundary of the West 3/4 of said Section 5 and Section 6, Township 54 South, Range 42 East, to the Northerly Line of the FZC Railway Company Channel as described in aforesaid Deed Book 1172, Page 474; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the 01, -,1 -,'of Section 6, Town- ship 54 South, Range 42 East; Thence run westerly 02-i®s(3 CZo f 5,, aloe- that line described in Chapter 136i$6 (No. 102) Laws of Florida - 1929 as follows: "Thence westerly to the Intersection of the P. do 0. S.S.-Channel and the.Channel extending from the mouth of -the Miami River in a Southeasterly direction", to the East line of Section 7, Township 54 South, Range 42 East; Thence run South along the said East line of Section 7, Township 54 South, Range 42 East to a point 2000 �i feet North of the South line of Section 7, -Township 54 South, Range 42 East, being that point at the termination of the line described in Deed Boot: 1900, Page 355 Parcel "B" as follows: "Thence North along the East Line of said Section 7 for a distance of 2000 feet to a point"; Thence alonZ the course de- scribed in Deed Nook 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet West of the Southeast corner of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced nest, I to the point of intersection with the U. S. Harbor ! Line on the West side of Biscayne Bay; thence run Northerly along the said U. S. Iiarbor Line to the point of beginning. Except therefrom the following described BAY BOTTOM LAND ARF4 FOR DREDGING IN CONNECTION VITH PROPOSED 85 ACRE BURLINGAME ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the same being the Southerly line of Hi,hleyymmanis Subdivision as recorded in Plat Book 1, Page 1K of the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less,:to the point of intersection with the Southerly line of Kiami River Channel, as .shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 1934, showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line o: ;.:iami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between ' Tormship 53 South, Range 41 East and Township 53 South, l Range 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly I, side of S. E. 14th Street; thence Northwesterly II 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 14th Street to the U. S. Harbor Line, the point of beginning. And further excepting thCrefrom all land title to which is in private parties. l i TO HAVE AND TO HOLD the said above mentioned and described land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF MIAMI and its successors and assigns r forever. s l Ir 02-1UGb SAVING AND RESERVING unto the Trustees of r1le Internal Improvt t Fund of Florida, and their successors, an undivided three- rths interest in and title in and to an undiv1ded three-fourths Brest in all the phosphate, minerals and metal -a that are or may in, on or under the said above described lands, and an undivide( -half interest in and title in and to an undivided one-half fin- est in all the petroleum that is or may be in or under the said ve described land, with the privilege to mine and develop the PROVIDED, HOWEVER, anything herein to the contrary notwith- tanding, this deed is given and granted upon the express condition ubsequent that the Grantee herein or its successors and assigns hall never sell or convey or lease the above described land or ny part thereof to any private person, firm or corporation for ny private use or purpose, it being the intention of this re- triction that the said lands shall be used solely for public arposes, includ).ng municipal purposes and not otherwise. PROVIDED, FURTHER, anything herein to the contrary notwith- tanding, this deed ie given and ;ranted upon the further express ondition subsequent that the Grantee herein or its successors or ssigns shall not give or grant any license or permit to any pri- ate person, firm or corporation to construct or make by any means, ny islands, fills, embankments, structures, buildings or other imilar thincs within or upon the above described lands or any art thereof for any private use or purpose, as distinguished from ny public or municipal use or purpose. It is covenanted and agreed that the above conditions subse- t shall run with the land and any violation thereof shall er this deed null and void and the above described lands shall, uch event,.revert to the Grantors or.•thel;r successors. IN WI TZSS WHEREOF, the Trustees of the Internal Improvement of the State of Florida have hereunto subscribed their names affixed their seals, and have caused the seal of the "DEPART - OF AGRICULTURE OF T_ -E STATE OF FLORIDA", to be hereunto xed, at the Capitol, in the City of Tallahassee, on this the .h. day of February , A. D. Nineteen Hundred and -ty-nine. SEAL) Go nor (SEAL) Comptroller reasurer / //�� C vv; tSEAL) At orney General I Commissioner Co ss o�n\ or Agr cu r6 State of norida. CMunty of Dade. This in.t ur: tn; .vas filed for record tM....lf-.-d3y cf..4 and duty re�►rd;:d sook..3.1-�' .....on sjFife fto. Y..•?r 9_G!� C. S. L ZATNCRMA:1 Cktk Circuit Caurt /BY AFFIDAVIT Before me, the undersigned authority, this day personally appeared Carlos A. Gimenez , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, O including responding to day to day staff inquires; U not including responding to day to day staff inquiries in which case he/she should be contacted at (305) 416-1461 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Carlos A. Gimenez Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 46TI,6`-/� Applicant Signature r— The foregoing instrument was acknowledged before me this , l�� day of February 20 02 ,by Carlos A. Gimenez Of City o Miami a Florida Municipal corporation corporation, on behalf of the corporation. Ghe is personally own to me or has produced as identification and who did did n t ke an oath. (Stamp) Sig Gia D Smith Z, Hiss ('i061IDf�On # kx 925933 • Rev. 12/05/01 : �, gzpiree)Mar 23, 2004 Banded n• AileatiaBendioj wW. 1066 Owner's Name City of Miami OWNER'S LIST Mailing Address 444 S.W. 2nd Avenue, Ste. 325 Zip Code 33130 rami, Ylorida Telephone Number (305) 416-1025 Legal Description: See attached Deed Book 3-13Q Page 257. Owner's Name City of Miami, as Lessee Mailing Address 444 S.W. 2nd Avenue, Ste. 325 Zip Code 33130 Miami, Florlda Telephone Number (305) 416-1025 Legal Description: See attached Dept. of Army Lease Agreement. Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address 401 Biscayne Blvd., Miami, Florida 401 Biscayne Blvd., Miami, Florida Street Address Street Address Rev. 12/06/01 Legal Description Folio No.: 01-0100-000-0520.(See Attached) Folio No.: -01-0100-000-0525 (See Attached) Legal Description Legal Description 02-1000 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Deed Book 31.50, Page 257 and Dept. of Army Lease Agreement. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. City of Miami City of Miami, as Lessee 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. 401 Biscayne Blvd, Miami, Florida Folio No. 01-0100-000-0520, 0525 Carlos A. Gimenez for City of Miami Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this i day of FAbruary- 20_.W by Carlos A. Gimenez of City o Miami a Florida Municipal orporation corporation, on behalf of the corporation. She is personaliyJ to me or has produced as ide cation and who did did not) ake an oath. (Stamp) .•��Y =•,,, Gia D. Smili ��oaf '%Coonmise�n # cc 925" Sig SqMay Bandl" Tom. 20, 11P."or,xv ire V Rev. 12/05/01 02-1066 D8 3130 ` X69 I_ :QTERNAL IMPROV: 43NT FUND STATE OF r .ORIDA i DuL'D NO. _19447 I! KNOW ALL MEN BY THESE PRESENTS: That the undersigned, j Trustees of the Internal Improvement Fund of the State of i a. under and by virtue of the authority of Section 253.12, F'lc i Statutes, 1941, and accordinz to the provisions provided fr If ; Section 233.13, Florida Statutes, 1911, and for and in con - �i j tion of the sum of Ten and 00/100 Dollars and other good and valuable considerations, to them in hand paid by CITY OP YIAI I, Dade County, Florida, receipt of which is hsreb�,acknowledged, have granted, bargained, sold and conveyed to the said CITY 0^ lii.IIAI:2 and its successors and assigns forever, the followin` de- scribed lands, to -wit: 3e;innin- at the point of intersection of the + Easterly production of the Cenper Line of Richners Street (now known as N. E. 13th Street) as shot -in on the Amended Plat of "RICKMERS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the hest side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty -feet North of and parallel to the Easterly production of the said Center Line of (I Rickmers Street (now known as N. E. 13th Street); ii thence run Easterly along said line 450 feet north IIIJ of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N. E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as follows: "Thence in a Southeasterly direction to the Southeast corner of the Southwest Quarter of the Southwest Quarter (SVVI of SV,'!)' of Section 32, Township 53 South, Range 4.2 East; Thence South- easterly along the said last described course to the said Southeast corner of the Siff: of SIVI of Section 32, Township 53 South, Range LF2 East; Thence run. South along the -West line of the NE; of NW* of Section 5, Township 54 South, Range 42 ,East to a point eimhty feet Northerly from and measured at right an les to the Center Line of the Miami h1uhi- cipal Channel; Thence run Southeasterly following f that course 'described in Deed Book 1472, Page 4.74. as follows: Commencing at the intersection of the 'Nest Line of the NE= of NW -1- of Section 5, Township 4. 54 South, Range 42 Last, and a line parallel to and eighty feet Northerly from, and measured at right angles to the Center Line of the Miami Kuni- cioal Channel", to the East boundary of the Nest 3/4 of said Section 5; Thence run South along the flLast boundary of the West 3/4 of said Section 5 + and section 0, Township 54 South, Range 42 East, to the Northerly Line of the FEC Railway Cozmpany Channel as described in aforesaid Deed Book 14.72, Page 4.74.; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the NPI} of Section 8, Town- ship 54. South, Range 4.2 East; Thence run Westerly 0;2-1066 along that line described in Chapter 13666 (No. 102) 1 Laws of Florida - 1929 as follows: "Thance westerly to the Intersection of the P. do 0. S.S. Criannel and the -Channel extending from the mouth of the Miami River in a Southeasterly direction", to the East line of Section 7, Township 54 South, Range 42 East; Thence run South along the said East line of Section 7, Township 54 South, Range 42 East to a point 2000 �i feet North of the South line of Section 7, -Township 54 South, Range 42 East, being that point at the termination of the line described in Deed Book 1900, Page 355 Parcel "B" as follows: "Thence North along the Fast Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course de- scribed in Deed Nook 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet West of the Southeast corner of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced Jest, I to the point of intersection with the U. 5. Harbor II Line on the West side of Biscayne Bay; thence run Northerly along the said U. S. Iiarbor Line to the point of beginning. I Except therefrom the following described BAY BOTTOM LAND ARF•A FOR DREDGING IN CONNECTION Y;ITH PROPOSED 85 ACRE BURLINGAME ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the seine being the Southerly line of Hi`hleyymman's Subdivision as recorded in Plat Book 1, Page lF4 of the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less,:to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 1934, showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line of i,',iami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between Tovmship 53 South, Range 41 East and Township 53 South, Range 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S. E. 14th Street; thence Northwesterly II 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 14th Street to the U. S. Harbor Line, the point of beginning. �) And further excepting therefrom all land title to !� which is in private parties. }TO HAVE AND TO HOLD the said above mentioned and described land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF IAIAMI and its successors and assigns forever. y I I 02-1066 I; SAVING AND RESERVING unto the Trustees of the Internal Improve rent Fund of Florida, and their successors, an undivided three- Tourths interest in and title in and to an undivided three-fourths ;interest in all the phosphate, minerals and metals that are or may 'be in, on or under the said above described lands, and an undivide( bne-half interest in and title in and to an undivided one-half in- terest in all the petroleum that is or may be in or under the said above described land, with the privilege to mine and develop the PROVIDED, HOWEVER, anything herein to the contrary notwith- tandinG, this deed is given and Granted upon the express conditior ubsequent that the Grantee herein or its successors and assigns hall never sell or convey or lease the above described land or ny part thereof to any private person, firm or corporation for ny private use or purpose, it being the intention of this re- triction that the said lands shall be used solely for public urposes, including municipal purposes and not otherwise. PROVIDED, FURTHER, anything herein to the contrary notwith- tandinr,, this deed is given and granted upon the further express ondition subsequent that the Grantee herein or its successors or ssigns shall not give or grant any license or permit to any pri- ate person, firm or corporation to construct or make by any means, ny islands, fills, embankments, structures, buildings or other imilar thinms within or upon the above described lands or any art thereof for any private use or purpose, as distinguished from ny public or municipal use or purpose. It is covenanted and agreed that the above conditions subse- ment shall run with the land and any violation thereof shall ender this deed null and void and the above described lands shall, fin such event,,revert to the Grantorsor•thsix successors. IN +ITN SS VVHEREOF, the Trustees of the Internal Improvement iFund of the State of Florida have hereunto subscribed their names ,and affixed their seals, and have caused the seal of the "DEPART- ;MENT OF AGRICULTURE OF THE STATE OF FLORIDA", to be hereunto iaffixed, at the Capitol, in the City ofo Tallahassee, on this the �! 2!>th, day of February , A. D. Nineteen Hundred and ty-nine. SEAL) .Y t Go nor (SEAL) Comptroller EAL) reeaasurer Attorney General Go s5 oner or Agricui rd ) Stale of t'lori,a. County of Dade. i This inst:u;::en; :vas fired for record the. -A --•--••d37 of ^� and duty recorded in-1:114—If— ..On 39:9file iia. Y.. 9lP1..4 .a uenTNcaMaN Clerk Crrwit Gwrt By 02-1066 CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 02-0007 To: Raceworks LLC 2601 South Bayshore Drive, Suite 1000 Miami, FL. 33130 From: Ana Gelabert, Director Planning and Zoning Department PLEASE TAKE NOTICE THAT I HAVE REACHED A FINAL DECISION ON THE FOLLOWING MATTER: Title: Temporary racetrack with permanent improvements. Address: 401 Biscayne Blvd., Downtown Final Decision: ❑ Approval Q Approval with conditions ❑ Denial FINDINGS AND CONDITIONS: The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 15, Sections 1511 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section 1511 requires explicitly that a Class II Special Permit shall be required prior to approval for development between Biscayne Bay and first dedicated right of way. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning Department has made referrals to the following Departments and Boards. • Zoning Division, Planning and Zoning Department • Downtown NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: FINDINGS • It is found that the temporary and permanent proposed works for the American Lemans Series Course (racecar event) are consistent with the character of this type of events at the proposed location in terms of size and scale. • It is found that the proposed project is partially located within the Bayfront Park boundaries and South Biscayne Boulevard. • It is found that this Class II Special Permit is only for the area located within the Bayfront Park boundaries. • It is found that approximately six (6) trees will be relocated as part of this project, but it is also found that this Class II Special Permit do not include the approval of the tree relocation plan, the tree relocation will be decided by the Bayfront Park Management Trust and will be part of the building permit process for the tree removal.. . Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby approved with conditions subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitations: 1. The Class II is only for the area located within the Bayfront Park boundaries. 2. The tree relocation plan will be approved as part of the building permit process for the tree removal. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Avenue, 7"' Floor, Miami, FL. 33130. Telephone number (305) 416-2030. Signature c4awzlf� Ana GelabeL,Director Planning and Zoning Depar4ent 2 Date D/ tlo d I 02-1066 CLASS I SPECLIL PEPJ&r No. Z' OOC CLASS 11 SPECIAL PERMIT ZONING REFERRAL COMPLETED BY APPLICANT @i if' tw1 ✓ war► SIS 3O r OW R OWNER PHONE NUMBER � _ G �oS--doS"9 APPLICANT APPLICANT PHONE NUMBER / FAX NUMBER ,;6 y / IFy �� 4,7� 4�7 a IC -)ed 33 APPLICANT ADDRESS / ZIP CODE • ��� 6D2� yea BUILDING PLAN APPLICATION NUMBER CERTIFICATION"""'•., Michad Reinstein V CC see Expires Jan. 27, 2004 P rs nt to the fee schedule, a fee of S shall be requir ~ . t14f1a ce of thi la s II e ' I Permi it fees are non-refundable. J6-\ A �(3.a Z PROJFERTY OWNER t PUBLIC NOTTR The bject proposal has been reviewed by Zoning Division of the Planning & Zoning Department. It is found to be In com nce with all ap I' zoning r gulations and requires a Class II Special Permit pursuant to the above cited secti n(s) of Ordina 1000, a amen d, the Zoning Ordinance of the City of Mi i, Flo ' a. 0 z NI PLANS EXAMINER / DATE CL&S II COORDINATOR A DATE A building permit for the work proposed herein and/or a certificate of occupancy and/or certificate of use for the use proposed herein, must be obtained within one (1) year from the issuance of this special permit, at which point the subject special permit shall expire unless extended -�' IND EMX FICATIOLN/HOLD HAILMLESS AFFIDAVIT DATE: RE: Property Located At got(�• k t,.ca,1., rv� TO: City of Miami, Florida Attn: Director of Building and Zoning 444 S.W. 2"d Avenue Mi , FL 33130-1910 FROM: e f ove-�reference property The undersigned hereby affirms that he/she is the legal owner of the above -referenced property. Further, the undersigned hereby acknowledges that she/he has heretofore made application for anpoeived a roval(s) from the City of 'a •, Florida, for the followin a `L -off on ( . 2 0 0� by (type oJpermit) (date approved) (city dept./city commission) on _, 2001 by (type of permit) (date approved) (city dept./city commission) In connection with the foregoing, the undersigned is hereby requesting the City of Miami, Florida, to issue a building permit for the construction of the following described improvements) on the property prior to the expiration of thline for the applicable appeal period(s). The undersigned understands that in connection with the above -referenced property the applicable appeal period deadline(s) for the a*ve mentioned approvals is/are as follows: In consideration of the City of Miami, Florida, agreeing to issue a building permit to the undersigned as herein requested, the undersigned agrees as follows: (a) Pay all actual yr estimated permit and other applicable city regulatory fees associated with the improvements prior to issuance of any building permit(s) by the City, and (b) Acknowledge it is proceeding at its own risk and hereby agrees to assume all responsibility and to indemnify and hold harmless the City in connection herewith; and IriDEMNIFICATIO N/HO LD E ASUALESS AFFIDAVrr 02-1066 (c) Agree to immediately cease all construction on the property in the event an appeal is filed within the above stated appeal period(s); and (d) Acknowledge that nothing herein shall' prejudice the City's right to impose conditions on approval which are : required by State, County, and/or City -ordinances and regulations or are otherwise necessary to insure the public health, safety, and welfare of the citizens of the City of Miami, Florida; nor shall the City be estopped from enforcing the terms of this affidavit by reason of its issuance of building permit(s); and (e) Agree that the issuance of building permits) to the undersigned is not a grant of any vested right whatsoever for the use, or completion of construction on the property; and (f) The undersigned hereby agrees to indemnify, defend, and hold harmless the City from any claims, demands, liabilities, loses, causes of action of any nature whatsoever arising out of or in connection with the permits) issued or any part thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the investigation thereof. 27�4 4---- *An! STATE OF FLORIDA) COUNTTY OF DADE ) The foregoing instrument was acknow efore me this day of t%AtJ✓Act -{, 2 u ��.. He/she i rsonally known o me or has produced as identification and did 1 no to a an oath. aaaat{ q�� Miebael Reinstein :,,Commission # CL 888061 Name: `• Upires Jan. 27,2004 s.aa Thru Notary Public -State of Florida Commission No: My Commission Expires: 2 IlYDEMWMCATI0M/S0LD E APUNMESS AFFIDAVrr 02-1066 , CITY OF MIAMI :- CLASS li SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME AIC�� 4r-,� — ABUTTING PROPERTY ADDRESS 46Z,0jZ C/i— Ji-�V cV/%—QOa1 APPLICANT APPLICANT AOORESS -7 CITY, STATE COOEw` You are hereby notified' that an application will be submitted by the above to the Director of the City of Nliami Planning & Zoning Department for approval of a Class If Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: PROPERTY :SIGNATION NATURE This project will be reviewed for approval for a Class II Special Permit: consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2n" Avenue, 3rd Floor. For an appointment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nO Avenue, 7`" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance of the City of Iviiami requires that all abutting property owners be notifred of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING DEPARTMENT ass 5yy 2"' AVENUE. 340 FLOOR MIAMI. FL 33130 PHONE (305) 416-1300 02-1066 CITY OF MIAMI CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION T0: ABUTTING OWNER NA4cE J4_LA 141 ABUTTING PROPERTY ADDRESS APPLICANT APPLICANT ADDRESS - CITY, STATE CODE,- You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION �— aex This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2n° Avenue, 31 Floor. For a.. appointment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7' Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :t The Zoning Ordinance of the City of Miami requires that an abutting properly owners be nodried of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING- DEPARTMENT 4.44 S'r`I 2` AVENUE. 3"0 FLOOR 1611oAn. FL 33130 PHONE (305) 416-1400 02-1066 CITY OF MIAMI CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME �,pL(� � ,o ABUTTING PROPERTY ADORESS 00/ APPLICANT APPLICANT AOORESS CITY, STATE CODES / � .3 i3 You are hereby notified' that an application will be submitted by the above to the Director of the City of titiami Planning & Zoning Department for approval of a Class Il Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPE TONING DESIGNA This project will be reviewed for approval for a Class 11 Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 3r4 Floor. For an appointment, please call at (305) 416-1400. The Planning 8r Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000. as amended. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7` Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance of the City of Adiami requires that all abutting property owners be notifred of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING DEPARTMENT 4is 5yy "'AVENUE. 30O FLOOR 1.11AN11. FL 33130 PHONE (305) 416-1400 -1066-;:; r CITY OF MIAMI CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME,4 GL -C ABUTTING PROPERTY ADDRESS APPLICANT % APPLICANT ADORESS CITY, STATE CODE�,G,,j �3 You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class 11 Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: ING DESIGNATION NATO This project will be reviewed for approval for a Class 11 Special Permit; consequently the Planning & Zoning Department will have on isle all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 31 Floor. For an apecint.ment. please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000. as amended. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7' Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance of the City of Nliami requires that all abutting property owners be notified of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING -DEPARTMENT ass SY1 2''AvENUE. 3"O FLOOR. MIAMI. FL 33130 PHONE (305) 416-1400 CITY OF MIAMI CLASS II SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS APPLICANT ,Gyp APPLICANT ADDRESS CITY, STATE CODE /yl-c•�K% /�� j ,3 You are hereby notified' that an application will be submitted by the above to the Director of the City of Nliami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY 1 _ = NATION NATURE OF This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans -and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 31 Floor. For an apccintMent, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :E The Zoning Ordinance of the Cit/ of Miami requires that all abutting property owners be notified of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI • PLANNING & ZONING DEPARTMENT 4.4.1Syy "` AVENUE. 3"O FLOOR 1611AM1. FL 33130 PHONE (305) 416-1300 02-1066 .CITY OF MIAMI CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS _ �/- f APPLICANT APPLICANT ADDRESS 3 / `y 4� CITY, STATE CODE /--/ j /3 You are hereby notified' that an application will be submitted by the above to the Director of the City of Ntiami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2n1 Avenue, 31 Floor. For an appcintment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :r. The Zoning Ordinance of the City of Miami requires that all abutting property owners be notified of Class II Special Permit applications as set forth in Section 1501. CITY OF MIAMI • PLANNING & ZONING DEPARTMENT 444 5'N 2" AVENuE. 300 FLOOR MIAMI. FL 33130 PHONE (305) 416-1400 CITY OF MIAMI CLASS II SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS I -1,-)C) APPLICANT" -- APPLICANT ADDRESS 3 av CITY, STATE CODE You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATIC This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 3rd Floor. For an appointment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2nO Avenue, 7`" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance cf the City of Nliami requires that all abutting property owners be notiF of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING DEPARTMENT 444 5'jll Y" AVENUE. 3"0 FLOOR. I611AMu. FL 33130 PHONE (305) 416-1400 1066 PIRC SECURITY P``TION L SCR MOD +/— - PAGE 1 0200-,464 BUILDING AN DNING RECEIPT PROCESSING (21) RECEIPT NO 02003464 Dq,TE 01/09/2002 WAIVED N PERMIT NO NAME RACEWORKS LLC/('4'44�crr- ADDRESS 401 BISCAYNE BLVD, MIAMI PHONE 305 8592050 COMMENTS CL II 2002-0007 MAINTAINED BY: EMP FEES /C/ tPE CLASS SUB DESCRIPTION UNIT TYPE UNITS R 140 003 CLASS II PLANNING PERMIT 150.0000 SUBSID 000000000 CLASS II PLANNING PERMIT FEE 150.00 SUBSID FEE SUBSID FEE SUBSID FEE SUBSID FEE SUBSID FEE ----------------- TOTAL 150.00 RECORD ADDED... PLEASE CONTINUE '_- a T"-; ml nu .x F 1 S S 2 'VE. — 7777(? nnn� r .•_ : u i i'� 'tJ e �� i•.iu • _•_ 1 ."Li ♦' ^.7� Ts til if JC Antorcha - 042202ZB.V1 Pa a 46 02-1066 JC Antorcha - 042202ZB.V1 Page 1 1 1 MIAMI ZONING BOARD 2 3 4 Item No. 2002-0553 5 6 7 City Hall, 3500 Pan American Drive Dinner Key, Miami, Florida 8 Monday, 8:00 p.m. April 22, 2002 9 10 11 MEMBERS OF THE BOARD: 12 Chairperson Ileana M. Hernandez Charles Garavaglia 13 Allan Shulman Joseph Ganguzza 14 Charles J. Flowers Georges Williams 15 Juvenal Pina Humberto J. Pellon 16 Fredric B. Bums Yamile Marrero-Trehy, City Attorney 17 Erica Wright, City Attorney Terisita L. Fernandez, City Clerk 18 19 ALSO PRESENT: 20 Lourdes Slazyk Gabriel Nieto, Esq. 21 Lucia Dougherty, Esq. 22 23 24 25 02-1066 JC Antorcha - 042202ZB.V1 Page 2 2 1 MS. FERNANDEZ: We are going to item No. 1? 2 CHAIRPERSON HERNANDEZ: Now we're going to item 3 No. 1. 4 MS. FERNANDEZ: Approximately 401 Biscayne 5 Boulevard. This is an appeal by Andre J. Zamorano of 6 the Class II special permit application No. 02-007 7 approved by the Planning and Zoning Director on 8 January 10, 2002, in order to allow permanent road 9 improvements in Bayfront Park in association with a 10 temporary event. 11 CHAIRPERSON HERNANDEZ: Lourdes, please. 12 MS. SLAZYK: Thank you. This an appeal of a 13 Class II special permit for — basically Class 11 14 special permit was not for a use. The use in the 15 park was under a separate City Commission approval. 16 And if you read the appeal that was filed on this 17 item, the appeal really talked to the use issues and 18 whether its appropriate or consistent with the land 19 use for a race use in the park. But that's not what 20 the Class II special permit was for. 21 The Class 11 special permit was for physical 22 work, physical improvements in the park. Tree 23 relocation, the roadway and the sidewalk relocations 24 and the work that was going to be associated with an 25 event in the park. But the event was not a subject 62-1066 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 of the Class 11 special permit. Therefore, the Planning and Zoning Department granted the Class II special permit finding that the work was appropriate for the park, it was not inconsistent with the plan for the park and it would actually allow for more flexibility for uses in the park. So we stand by our Class II special permit and recommend denial of the appeal. CHAIRPERSON HERNANDEZ: Thank you. Name? MR. NIETO: Thank you. Gabriel Nieto, 200 South Biscayne Boulevard on behalf of Homestead -Miami Speedway. Before I begin, let me address the comments made. You have a permit that's for temporary and permanent improvements that essentially convert the park into a race course. They're very specialized improvements and I don't see how you can draw a distinction between those improvements and the use. And as far as I know, there hasn't been any other approval from the Planning and Zoning Department or any other department for — CHAIRPERSON HERNANDEZ: Whose handing this out? On whose behalf are you handing this out? You're with him? fi G " JC Antorcha - 042202ZB.V1 Pa a 4. 25 This is for now? 4 1 MR. NIETO: It's not as bad as it looks. 2 CHAIRPERSON HERNANDEZ: You're not kidding. You 3 want us to read all this now and make a decision 4 based on this now? Are they pictures? 5 MR. NIETO: There are pictures. 6 CHAIRPERSON HERNANDEZ: 7 MR. NIETO: There are pictures and a map. 8 CHAIRPERSON HERNANDEZ: Okay. 9 MR. NIETO: Getting back to my point. I don't 10 see how you can separate the use from the 11 improvements. The improvements are there for racing 12 use in the park and theyre going to, according to 13 their contract with the City, which is in the package 14 of materials that was handed to you, they're going to 15 use this park for racing potentially twice a year for 16 the next 25 years. And I think that is a — it is a 17 use that's being made of the park and that's clearly 18 what was authorized and therefore, I think our 19 arguments are directly on point. 20 We've filed an appeal that raises several 21 arguments. I don't want to go into each one in 22 detail. There are several points that we've made. 23 But I would like to give you an overview of our 02-1066 JC Antorcha - 042202ZB.V1 Page 5 24 argument. 25 I'd also like to reserve some minutes for 5 1 rebuttal, if I may. 2 The materials that you were just handed were a 3 compilation of exhibits we'd like to move into the 4 record. The first item is a map which is the same 5 one that's up on the easel. It shows the race 6 course, just to give you a feel for the extent to 7 which it engulfs the park and how it really converts 8 the park into a racetrack. 9 And the second tab you'll have a series of 10 photographs that do basically the same thing. They 11 show the level of modification that's been made. 12 The remainder are various legal documents that 13 I'll walk through as 1 go. 14 Before going into any of them, I think there's a 15 threshold issue that you all need to consider. And 16 that is that they're using this park for racing 17 originally when they applied for this under a 18 contract between Raceworks and the City of Miami that 19 was declared null and void by a court in litigation 20 that we filed. And in doing that the Court, A, 21 declared their contract null and void, and B, said 22 that the City cannot allow them to use this park for 02-1.066 JC Antorcha - 042202ZB.V1 Page 6 23 racing unless and until they put that up for public 24 bidding. And that has never happened. 25 Now, the City and Raceworks have negotiated a 6 1 new agreement and so on, but it still uses the park, 2 which is what this Class II permit is for, and it's 3 exactly what the Court said they could not do. So 4 our position is that they do not have any right to 5 make use of the park and therefore have no right to 6 even apply to you in the first instance to make 7 improvements for racing for a use that was 8 specifically prohibited in a court order. 9 And in the packet there's a series of materials 10 which gives you some history of the litigation. The 11 Court entered the order voiding the agreement, they 12 at one point appealed. They then relinquished the 13 appeal and essentially took it back to the trial 14 court under their new contract, but the judge's order 15 still stands and they've never complied with it. And 16 because theyve never put this up for bid, we feel 17 they don't have any right to apply to you at all. 18 Moving on to the core of planning and zoning 19 issues. 20 Actually, one more threshold matter to make. 21 Chapter 549.08 of Florida Statutes, which is also in 02-1066► JC Antorcha - 042202ZB.V1 Page 7 22 the packet of materials we handed to you, requires a 23 city that wishes to authorize racing follow some very 24 specific procedures and to make some very specific 25 findings. That has never happened. It may happen in 7 1 the future, but at this point as we stand here today, 2 it has not. And it's our position that the City 3 cannot issue authorizations for specialized 4 improvements for racing use until that occurs. It's 5 legislatively preempted. 6 Now moving on to the more specific zoning 7 matters. 8 Section 1500 of the zoning ordinance makes clear 9 that a Class II special permit only applies to uses 10 that have provisions in the zoning code that provide 11 criteria before you apply. Similarly Section 1303 12 provides that no special permit is to be accepted 13 unless spec provisions appear for it in the 14 zoning ordinance. 15 What you have here is a permit authorizing a 16 racing use that was never contemplated; that appears 17 nowhere in the zoning ordinance; and would it have no 18 standards under which to issue. It just simply was 19 never thought of. And we feel that the lack of 20 standards in and of itself requires that you deny JC Antorcha - 042202ZB.V1 Pa e 8 21 this permit. 22 And keep in mind that this is a very intensive 23 use. This is not simply using the park for one 24 weekend for a concert. They're going to make 25 temporary improvements. According to their own 8 1 marketing materials, they're going to draw 40 or 2 50,000 people, spectators for a three day race 3 weekend twice a year potentially for the next 25 4 years. That number, by the way, is four times that 5 the ERI threshold if you were building some kind of 6 permanent attraction. 7 So it's very intensive use. It's going to going 8 close the City streets, and yet you've got almost the 9 most cursory review you can imagine by the City using 10 this Class If special permit which was never intended 11 to authorize this kind of use. 12 In fact, if you look in the zoning code at the 13 PR zoning district, parks and recreation zoning 14 district which governs this park, it provides — 15 first of all, it provides a set of principal uses 16 that clearly do not apply to racing. Public or 17 private parks, open spaces and recreational 18 facilities. None of that could possibly authorize a 19 race course. v2-1066 JC Antorcha - 042202ZB.V1 Page 9 20 If you go to the conditional uses, the closest 21 thing that exists is the provision that allows, and 22 I'll quote this for you, "Other activities which 23 further municipal purposes as determined by the City 24 Commission." That's all well and good and 25 potentially that could apply. The problem is that — 9 1 actually there are two problems. A, that has to be 2 approved by the City Commission initially, and B, it 3 has to be in the context of a major use special 4 permit. Not a Class II permit. 5 So even if the PR zoning district itself 6 recognizes that when you're going to use — when 7 you're going to make use of a park for things that 8 were never contemplated, you have to have a serious 9 level of review. You can't just give it a cursory 10 review like you're going to have one single concert, 11 have a few folks in the park, put up a tent and 12 leave. And this is something that's going to — it's 13 going to permanently alter the character of this 14 park. And we feel very strongly, at the very least a 15 major use special permit should have been used. 16 And keep in mind also along the same, section 17 904 of the zoning ordinance has a procedure that 18 applies for when you're going to approve a use that 02-1.066 JC Antorcha - 042202ZB.V1 Pae 10 19 was not contemplated. It requires a specific 20 determination by the director. That was never done 21 either. This, again, just slid through under the 22 most cursory review you could possibly imagine. 23 Along the same line, your comprehensive plan 24 designates this park as a recreation land use. 25 There's nothing in that plan that could possibly be 10 1 read to authorize it to be converted into a racetrack 2 to have motor sports and have cars running through at 3 150 miles an hour for two major events vents a year 4 for the next 25. 5 And finally, procedurally, even if -- even if 6 you could use a Class II special permit, even if the 7 zoning allowed, even if the comprehensive plan 8 allowed, when you issue a Class II special permit 9 there are specific written findings that Section 1305 10 of your zoning ordinance requires that director make. 11 Findings regarding ingress and egress, findings 12 regarding parking. Keep in mind you're talking about 13 40,000, 50,000 spectators. That's a huge number of 14 cars. Findings regarding general adverse impacts. 15 None of these appear on the permit. I don't see them 16 anywhere. And I think for all those reasons this 17 Class II special permit was improper, they were not a 02-1066 JC Antorcha - 042202ZB.V1 Pae 11 18 proper applicant, the procedures were not followed, 19 inconsistent with your zoning ordinance, inconsistent 20 with your comprehensive plan, and we ask that you 21 deny it. Thank you. 22 CHAIRPERSON HERNANDEZ: Thank you. 23 Yes, Lucia. 24 MS. DOUGHERTY: Good evening, Madam Chair, 25 members of the Board. Lucia Dougherty with offices 11 1 at 1221 Brickell Avenue here today on behalf of the 2 applicant which is Raceworks and, of course, the City 3 of Miami is the owner of the park. 4 First of all, to reiterate what Lourdes says, 5 this is not a permit for the use of a race event. 6 This is a permit for curb, gutter, drainage and 7 paving. That is simply what has transpired. 8 And there are three reasons why I don't think 9 that you can actually rule on their position. In 10 fact 1 think you ought to dismiss the case outright. 11 First of all, they have no standing. They 12 haven't even alleged any standing that they could 13 possibly have. 14 There is this — the issue is actually moot 15 because the work has been completed. 16 And thirdly, and most of all, there is nothing 02-1066 JC Antorcha - 042202ZB.V1 Pae 12 17 in their appeal upon which you can rule. 18 They first of all said that the PR zoning 19 doesn't allow a race event. Well, that's not 20 something that you can rule upon on a Class II 21 permit. That is a — and the way that your code is 22 set up, you have the zoning administrator who makes 23 decisions with respect to interpretations of zoning 24 law and what uses are permitted, and you have the 25 planning director who decides whether or not a Class 12 1 II or makes determinations, not interpretations. 2 In this case, the zoning administrator made an 3 interpretation on January the 9th and said that this 4 use and this activity is permitted under the zoning 5 code. That interpretation was never appealed within 6 15 days as required by your zoning law. And 7 therefore, they cannot raise this as a use at this 8 time under this Class II appeal which only deals with 9 again, curb, gutter, drainage and whether or not 10 there's adequate access, whether or not the use -- I 11 mean, whether or not the permits and the activity 12 that is occurring in terms of drainage, paving, et 13 cetera, is adequate for this park activity. 14 Secondly, they say that there has to be a 15 director's determination. That is the zoning — that 02-1066 Pae 13 JC Antorcha - 04220226.V1 16 is the planning director's determination as opposed 17 to what has occurred here by the director issuing a 18 Class It permit. We don't need a planning 19 department's determination if the zoning 20 administrator has already interpreted that this is 21 something that is permissible. 22 Thirdly, they say that your ordinance is 23 ineffectual and therefore because it lacks standards, 24 and that's not something that you can make a 25 determination on. It's not even something that the 13 1 planning department can make a determination on. So 2 how can they appeal that determination to you when 3 that's not something that they're authorized to make 4 an interpretation or determination on in the zoning 5 ordinance? 6 And lastly, they have said that this violates 7 the comprehensive plan, and they call it a 8 development order pursuant to 163.3164, and if that's 9 the case, the only way and the sole remedy is to file 10 an action in Circuit Court to overturn that or to 11 challenge the comprehensive plan and that is 163.3215 12 (B). So there is absolutely nothing in this appeal 13 upon which you can make a determination. 14 Secondly, under that Chapter 163, and 1 only 02-1066 JC Antorcha - 042202ZB.V1 Pae 14 15 bring this to your attention because it actually 16 defines what an aggrieved and affected parry is. And 17 I'm going to read this to you because it goes along 18 with exactly what the courts have also determined how 19 you determine whether somebody has standing. 20 It says, "Aggrieved and adversely affected party 21 means someone, some person or local government which 22 will suffer an adverse effect to an interest 23 protected or furthered by the local government 24 comprehensive plan, including interests related to 25 health and safety, police and fire protection service 14 1 systems, densities, intensities of development, 2 transportation facilities, health care facilities, 3 equipment, et cetera." 4 And then it says, "The alleged adverse interest 5 must be shared — may be shared in common with other 6 members of the community at large, but shall exceed 7 in degree the general interest in the community good 8 shared by all other persons." 9 And that happens to be exactly what the courts 10 have also said. In order to have standing in this 11 kind of matter, you have to have something special. 12 These folks are from Homestead. They have no 13 interest in this property or anything around it. And 02-1066 JC Antorcha - 042202ZB.V1 Pae 15 14 in fact, it's very interesting to hear them say this 15 evening that you shouldn't be allowed to run a race 16 in it because in their court lawsuit they've been 17 saying that they want — in order to have standing in 18 their lawsuit, they've been saying that they want to 19 also compete and have a race in the park. 20 So they've been saying two things out of both 21 sides of their mouth for now months. And we would 22 only ask that you at this time dismiss this case. 23 And furthermore, it is moot. The work is 24 already done. 25 Thanks very much. 15 1 MR. NIETO: Allow me to address a couple of 2 things, if I may. 3 CHAIRPERSON HERNANDEZ: Pardon me? 4 MR. NIETO: May I address a couple of things? 5 CHAIRPERSON HERNANDEZ: Certainly. 6 MR. NIETO: Let me address the mootness point 7 first because it's the easiest one. 8 We filed our appeal days literally, slightly 9 over week after the permit was issued. They came up 10 the first time and asked it to be deferred. It was 11 improperly advertised for. The second hearing the 12 City asked that it be deferred. In the meantime, 02-1000 JC Antorcha - 042202ZB.V1 Pae 16 13 they've gone and continued work under what I consider 14 to be a very specious argument that the work was 15 needed for health and safety reasons, life, health 16 and safety reasons. 17 It's interesting. They originally were going to 18 run the race in April. They got the City to issue -- 19 to make that determination based on the argument that 20 if the work wasn't continued expeditiously, the race 21 would be dangerous. 22 They then moved the race back to October taking 23 away the so-called emergency but kept on doing the 24 work. 25 Essentially what they're trying to do is say, 16 1 "We've run the clock, you don't get a right to be 2 heard, because we can build faster than you get the 3 matter heard." 4 1 think it's specious and I encourage you not to 5 follow that. 6 On the issue of standing, I think it's ironic 7 that they talk about what the courts have held 8 because a court has, in fact, reviewed the standing 9 of these two parties. We sued them and the City 10 regarding what we consider to be an improper 11 agreement. The first thing out of their guns was 62-10 JC Antorcha - 042202ZB.V1 Page 17 12 standing, saying that we could not challenge their 13 contract with the City. And what the Court found, it 14 found very specifically, it's in the court order in 15 your materials on pages 5 and 6, was that we were 16 qualified bidders to conduct racing in downtown 17 Miami; that if we'd been given the chance, we would 18 have conducted racing in downtown Miami; and that 19 that interest is enough to give us standing. 20 Now, how does that relate to zoning and what's 21 before you? Mr. AI Garcia from International 22 Speedway Corporation is here. I'm going to call up 23 him up. He'll testify that what they're building, 24 these specific improvements are very specialized type 25 of race course. They're specifically created for a 17 1 specific type of racing. Type of racing that they 2 do. Once this is built — now that it is built — it 3 essentially locks out other types of racing. 4 The way it works is there are several 5 sanctioning bodies that allow racing. They all have 6 their own rules. The way for the streets, the kinds 7 of curbs they use, et cetera. They designed the 8 track in sort of a way it has the effect of 9 precluding other types of racing from being 10 conducted. And I think that very clearly gives us 02-1066 JC Antorcha - 042202ZB.V1 Pa a 18 11 standing because just as the City we feel improperly 12 locked us out by not putting this up for bid, they're 13 trying to do the same thing by building a race course 14 that's meant to suit them and will give them a 15 competitive advantage whenever somebody goes to bid. 16 And on the issue of us — 17 CHAIRPERSON HERNANDEZ: Did your people have a 18 better offer? 19 MR. NIETO: We were never asked if we had an 20 offer and that's our whole point. If we would have 21 been asked, we would have made an offer and the City 22 could have a made a decision as to whether ours or 23 theirs was better. 24 CHAIRPERSON HERNANDEZ: That's a shame. 25 MR. NIETO: And on the issue of racing in the 18 1 park, if we had been given a chance, we would have 2 proposed a racetrack that looks far differently from 3 this. 4 CHAIRPERSON HERNANDEZ: That's why the City 5 always in trouble. 6 MR. NIETO: We were never given that 7 opportunity. 8 We feel that as this has gone forward, it's had 9 the effect of simply trying to lock us out of racing 62-1066 JC Antorcha - 042202ZB.V1 Pae 19 10 in downtown and of competing for this special deal 11 that theyve gotten. 12 And I would like to let Mr. Garcia address very 13 quickly the issue of the specialized nature of this 14 use just for the record, if I may. 15 MS. DOUGHERTY: Madam Chair, this is outside of 16 the scope of my rebuttal. 17 MR. NIETO: You raised the issue of standing and 18 this is directly related to standing. So it is 19 rebuttal, it's direct rebuttal. 20 CHAIRPERSON HERNANDEZ: I've just been told by 21 the attorney that on April 11th Commissioner Teele 22 invited your group to appeal — I mean, to bid and 23 you haven't done anything? 24 MR. NIETO: He did not actually. He invited us 25 to bid generally. Commissioner Teele made it very 19 1 clear that we could not compete for this specific 2 race; that they would get first choice of race 3 weekends; that this track can be built, and that we 4 can then submit a bid for some other race — 5 CHAIRPERSON HERNANDEZ: How many races do we 6 have in the City of Miami? We're not that big. 7 MR. NIETO: That's the point. That's exactly 8 the point. 02-1066 JC Antorcha - 042202ZB.V1 Page 20 9 CHAIRPERSON HERNANDEZ: You're sure? That's not 10 what the attorney is telling me. 11 MR. NIETO: I am sure. I was there. My 12 partners who are here were there. That is exactly 13 what was said. And there was a resolution passed by 14 the City — 15 CHAIRPERSON HERNANDEZ: If we leave here tonight 16 and I can get -- Charlie, why don't you call 17 Commissioner Teele and ask him if they invited them 18 to bid. 19 MR. FLOWERS: I heard the whole conversation at 20 the commission meeting and that is not before us. 21 CHAIRPERSON HERNANDEZ: I'll tell you why. 22 Because if he is saying that he is not being allowed, 23 that their group was not allowed to bid, I'm just 24 really worried because this is something that if it 25 would be good for the City and have more money and 20 1 he's saying the City is saying no — 2 MR. NIETO: Let me make this very clear just so 3 1 don't misstate the intention of my prior comments. 4 Commissioner Teele proposed a generic invitation 5 to bid for racing in Miami. But it was made very 6 clear that we could not compete for their race dates; 7 that we would not get the specialized — this is JC Antorcha - 042202ZB.V1 Page 21 8 really going outside the scope of this, but just so 9 you understand, that we would not get the same kind 10 of accommodations that they got. And the Court in 11 our opinion said that we get to compete their for 12 race. We don't get to compete for some other race 13 that's potentially not as good of a deal. 14 MS. DOUGHERTY: You don't get to compete for 15 this one date in October of this year. He made it 16 clear that you can compete for any other October date 17 in any other year. 18 MR. NIETO: Not to get completely — 19 MR. GANGUZZA: Mr. Flowers, these are issues 20 that really are outside and not before us. 21 CHAIRPERSON HERNANDEZ: Okay. Bring — who else 22 would like to speak on this item, please? 23 MR. NIETO: I'd like to bring you up Mr. Garcia 24 for just a few minutes to talk about the specialized 25 race course. 21 1 CHAIRPERSON HERNANDEZ: Okay, Lourdes, while he 2 speaks to Mr. Garcia I have to ask you, why not a 3 major use like he was saying? 4 MS. SLAZYK: Okay. The reason this is not a 5 major use special permit is — and he actually 6 mentioned it in his own presentation when he talked 02-1066 JC Antorcha - 042202ZB.V1 Pa e22 7 about concerts. Concerts and races and other special 8 event uses do not fall under the scope of a major use 9 special permit. A major use special permit is if 10 they were building a permanent racetrack with 11 permanent grandstands and permanent parking 12 facilities like the American Airlines Arena, like the 13 Performing Arts Center, it's permanent facility for 14 continuance year round use, then it needs a major use 15 special permit. A concert in the park does not need 16 a major use special permit. Any other circus in the 17 park, Cirque de Soleil didn't need a major use 18 special permit. Anything that falls under a special 19 event, even if it's a special event that is couple 20 times a year, they're allowed two special events a 21 year without having to get a major use special 22 permit. 23 So even if you were to do an annual event. 24 Coconut Grove Arts Festival doesn't need a major 25 use special permit. Neither does Calle Ocho, neither 22 1 does any other major festival, the Orange Bowl 2 parade. This is no different than anything else that 3 falls under a special event that the Commission can 4 approve. 5 But that's not what this Class II special permit 02-1066 JC Antorcha - 042202ZB.V1 Page 23 6 is for. It's not for the use, and they keep going 7 back to it and your jurisdiction here with this 8 special permit is for physical improvements in the 9 park. 10 CHAIRPERSON HERNANDEZ: That's why its 11 important that we clarify. 12 MS. SLAZYK: But the Planning and Zoning 13 Department felt when we looked for the Class II 14 permit, when we applied the standards and the 15 criteria, we didn't look at a race because that was 16 not the application before us. We didn't apply the 17 ingress and egress standards of a race because that 18 was not the application before us. We looked at the 19 park. What is the best thing for the park. Is this 20 a good physical change for the park. Because that's 21 all that's before you. The physical improvements to 22 the park. 23 When you make these kind of physical 24 improvements to the park, you increase the 25 flexibility of that park being able to be used for 23 1 other things. We are not going to plan a park around 2 a one time race. 3 CHAIRPERSON HERNANDEZ: That would be — 4 MS. SLAZYK: The flexibility of the park is what 02-1066 JC Antorcha - 042202ZB.V1 Page 24 5 we looked at. We applied the standards to that. 6 MR. WILLIAMS: Did you review the document on 7 page 39 about the park risking problems? 8 MS. SLAZYK: I'm not sure I understand. 9 MR. WILLIAMS: Did you look at their book? 10 MS. SLAZYK: I wasn't given a copy. I'm not 11 familiar with it. 12 1 can speak to the Class 11, to the design 13 review that we do under the Class 11, to the 14 potential adverse impacts to the park. All the 15 criteria of 1305 was applied and it was found to be 16 in compliance with the criteria of, 1305, again 17 noting we did not apply the criteria to a race 18 because the Class 11 did not approve a race. It 19 approved physical improvements to the park. 20 MR. PINA: Madam Chair? 21 CHAIRPERSON HERNANDEZ: Yes. 22 MR. PINA: It strikes me that we're here 23 listening to testimony with regards to the physical 24 change and the flexibility of the use of the park, 25 Bayfront Park. 24 1 MS. SLAZYK: There's one other — 2 MR. PINA: The flexibility. Now, when you make 3 speck improvements to where — from what I see — —1066 JC Antorcha - 042202ZB.V1 Page 25 4 I'm not going -- I'm not going to get technical, but 5 when you see these improvements, they're clearly for 6 a race. Okay? It's not flexible. I mean, I don't 7 know how many other events can you hold in this 8 specific area that do not involve some type of race 9 and don't open it to concerts and that type of thing 10 because that's very flexible with regards if you want 11 to hold a concert, you can pretty much hold it 12 anywhere. But when you get outside the realm, 1 13 don't see the flexibility of this with regards to the 14 use and the improvements other than a race. 15 MS. SLAZYK: That's absolutely not true. 16 Building a road — 17 MR. PINA: It's not? 18 MS. SLAZYK: It isn't and we looked at it. You 19 know what, the Planning and Zoning department did 20 take a look at this. When other events are brought 21 into the park, the lack of sufficient roads in the 22 park — we've actually tom up grass, bringing trucks 23 and things into the park. Bringing a road into the 24 park does increase the flexibility and actually 25 reduced costs in other things because we're not 25 1 tearing other things up. I don't — these physical 2 improvements did not cause any adverse impacts to the 02--1066 JC Antorcha - 042202ZB.V1 Page 26 3 park. 4 MR. PINA: You're saying these physical 5 improvements can be utilized for other specific -- 6 MS. SLAZYK: I think they can be utilized for 7 other things. 8 MR. PINA: So you can hold this race and you can 9 hold a drag race, another type of race. I don't 10 think so. I think it's specifically for this 11 particular type of race, which I'm not saying is bad 12 for the City of Miami. Actually, it's good for the 13 City of Miami. But the modification is specifically 14 designed to promote this type of racing. And when 15 you use the terminology "flexibility," I don't see 16 any flexibility. 17 CHAIRPERSON HERNANDEZ: Let's hope it brings 18 more money than the other Grand Prix did. 19 MS. SLAZYK: There's one other thing I need to 20 put into the record. If this had been any other park 21 anywhere else in the City it wouldn't have needed a 22 Class II. The only reason for a Class II special 23 permit here was because it was between water and the 24 first right of way which any improvements between 25 water and first right of way need a Class II. 26 1 The specific purpose of that has always been to 02-1066 JC Antorcha - 042202ZB.V1 Page 27 2 review buildings that are along our waterfront. This 3 doesn't propose any buildings. So even with 4 relationship to — as it relates to what the purpose 5 of the Class I I was for, again, typically we look at 6 all development between the water and the first right 7 of way to look at building impacts. There are no 8 buildings here. 9 Also, the fountain was improved. The streets 10 were widened. 11 CHAIRPERSON HERNANDEZ: Lourdes, what are those 12 block like things? 13 MR. PINA: The fountain should have been 14 improved a long time ago whether we had a race or 15 not. 16 MR. NIETO: I believe the blocks are VIP suites 17 if I am guessing correctly as to which ones you're 18 pointing to. 19 CHAIRPERSON HERNANDEZ: Rectangles. This one. 20 Rectangles. Big rectangles. Those. 21 MR. NIETO: These are grandstands. 22 CHAIRPERSON HERNANDEZ: They're not permanent, 23 I'm assuming? 24 MS. SLAZYK: No. Those are not part of the 25 Class II. That's not part of the Class 11. 27 42-1066 JC Antorcha - 042202ZB.V1 Page 28 1 CHAIRPERSON HERNANDEZ: So what the are the 2 improvements? 3 MS. SLAZYK: The Class II improvements were 4 related to tree relocation. There are roads that go 5 through the park. They were enhanced and widened. 6 The fountain was improved. There were improvements 7 to the park and they're in -- they're not the 8 grandstands, theyre not bleachers, they're not 9 anything else that's of a temporary nature, but that 10 doesn't need a Class II. That's approved under 11 special event -- 12 MS. DOUGHERTY: Curbs and gutters. 13 MS. SLAZYK: And streets and trees. 14 MR. GARAVAGLIA: Has all this work been done? 15 MS. SLAZYK: Yes, the work is completed. 16 MR. GARAVAGLIA: Why is this in front of us? 17 MS. SLAZYK: That's the point. 18 CHAIRPERSON HERNANDEZ: You mean like the poor 19 people we penalize for doing this? 20 MR. PINA: So these people started the work, 21 they're already advertising? Who started the work? 22 MR. GARAVAGLIA: The City. 23 MS. MARRERO-TREHY: Madam Chair, members of the 24 Board, the work was started, and because you cannot 25 leave a road that is used by the public in a state JC Antorcha - 042202ZB.V1 Page 29 28 1 where it would harm the public or travelers, the work 2 was allowed to be continued. It is not because of 3 the date or whatever. It was merely because you have 4 a road that's used by the public, or may be used by 5 the public, and once it is tom up with asphalt and 6 everything in the area, you cannot leave it in that 7 condition. So there was a finding made by the 8 planning director to that effect. That is why the 9 work continued. 10 MR. PINA: But they would need a Class II to 11 start the work? 12 MS. SLAZYK: They got the Class Il. 13 MS. MARRERO-TREHY: They had the Class II, sir. 14 MR. PINA: So why are they coming before us? 15 MS. MARRERO-TREHY: There was an appeal of that 16 Class II. They appealed the construction of the -- 17 MR. PINA: They started the work and now it's 18 being appealed? 19 MR. NIETO: Essentially in our opinion they 20 proceeded at their own risk. Once they knew of our 21 interest in this and — 22 CHAIRPERSON HERNANDEZ: You know, I mean, that's 23 beside the point. That is moot. 24 MR. FLOWERS: Madam Chair, if the Board members 25 have read the entire package, they would know it was —10 6 JC Antorcha - 042202ZB.V1 Page 30 29 1 appealed. There was a letter from the planning 2 director. 3 MS. MARRERO-TREHY: Yes. 4 MR. FLOWERS: It's in the package. 5 MS. MARRERO-TREHY: Yes, it is. 6 CHAIRPERSON HERNANDEZ: Thank you very much, 7 Mr. Flowers. That's very enlightening. 8 MR. SHULMAN: Madam Chair, I just have a 9 question for Lourdes. What was the pavement on the 10 ground at the fountain? You're not looking at the 11 pictures that we're looking at. But it shows a 12 before and after of the fountain and — 13 MS. SLAZYK: What's the pavement? 14 MR. SHULMAN: I'm just looking here. There's 15 some substantial changes and I'm just wondering what 16 these are. Perhaps I could show it to you. 17 MS. SLAZYK: I am not looking at what you're 18 looking at. 19 CHAIRPERSON HERNANDEZ: Do you have one of 20 these? 21 MS. SLAZYK: No. 22 CHAIRPERSON HERNANDEZ: That's terrible. You 23 really should have given it to her. She's very 24 important. 25 MS. MARRERO-TREHY: We found it here. 02-1066 JC Antorcha - 042202ZB.V1 Page 31 30 1 CHAIRPERSON HERNANDEZ: She's a VIP, really. 2 MS. MARRERO-TREHY: We're sharing a book. We'll 3 soon find out what the water fountain was about. 4 Water fountain is part of the improvements. 5 CHAIRPERSON HERNANDEZ: They did not a water 6 fountain in Bayfront Park? We did not? 7 MS. FERNANDEZ: We did. 8 MS. MARRERO-TREHY: I think it was improved. 9 CHAIRPERSON HERNANDEZ: How do you improve a 10 water fountain? Please, let me know. 11 MS. MARRERO-TREHY: Miss Erica Wright from the 12 office apparently has some details, if you'd like 13 some details. 14 MS. WRIGHT: What happened was the Army Corps of 15 Engineers put together the baywalk for Bayfront Park. 16 About a quarter of the property that was improved was 17 the walkway that's right along the baywalk. When 18 they were doing their improvements to the park, some 19 of that area was tom up and destructed. 20 CHAIRPERSON HERNANDEZ: So they tore it up and 21 then they fixed it? 22 MS. WRIGHT: Well, what they did was — 23 CHAIRPERSON HERNANDEZ: Gets better. 24 MS. WRIGHT: Right. In order to do the 25 improvements, what they had to do is strengthen the 02-1066 JC Antorcha - 042202ZB.V1 Page 32 31 1 asphalt. So what happened was, the area around the 2 fountain that the Army Corps installed was made out 3 of coral rock. What they've done now is strengthen 4 it. And there's also a walkway that I think extends 5 from the fountain that the Army Corps installed all 6 the way to Bayfront Park -- I mean, to Biscayne 7 Boulevard which was also improved as well. 8 MS. DOUGHERTY: Madam Chair, it wasn't Raceworks 9 that tore up the fountain. It was the Army Corps. 10 And it was leaking, it was substandard, there were – 11 there was drainage problems and we actually improved 12 it. 13 MS. MARRERO-TREHY: Madam Chair, that was for 14 purposes of explanation. Again, outside of the — 15 CHAIRPERSON HERNANDEZ: That's very interesting 16 and enlightening. Thank you. 17 1 think there's a question for you somewhere. 18 MS. SLAZYK: I think he just got his answer. 19 CHAIRPERSON HERNANDEZ: You had a question. She 20 was looking at a picture. 21 MR. SHULMAN: I just was wondering if that's 22 Keystone paving that was tom up and replaced with 23 concrete. It looks that way in the photograph, but 1 24 wasn't sure. If the paving at the fountain area was JC Antorcha - 042202ZB.V1 Page 33 25 Keystone and replaced with concrete; is that right? RY4 1 MS. WRIGHT: I think that sounds right. Are you 2 talking about in Exhibit 3? 3 MR. SHULMAN: A3. 4 MS. SLAZYK: What page? 5 MR. SHULMAN: Page 11. Sorry. 6 MS. WRIGHT: Of what exhibit? 7 MR. SHULMAN: Exhibit 2. 8 MS. WRIGHT: Exhibit 2 is prepared by 9 Homestead -Miami Speedway, I believe. 10 In Exhibit 2 that was something -- those were 11 photographs that you all took? 12 MR. NIETO: Yes. In Exhibit 2 there are series 13 of before and after photographs of the work. Just to 14 get a feel for the nature of the improvements. 1 15 think the pictures speak for themselves. 16 MS. WRIGHT: In Exhibit 3 that contain the 17 agreement with the City of Miami and Bayfront Park 18 and it contains the improvements that Raceworks 19 presented to the City at the end of it. 20 MR. GANGUZZA: Madam Chair, are you ready for a 21 motion? 22 MR. PINA: Is there anyone opposing in favor of 23 the item? Opposing — JC Antorcha - 042202ZB.V1 Page 34 24 MR. NIETO: I would like to present my expert 25 testimony. 1 requested it earlier. 33 1 MR. PINA: You have expert testimony? 2 MR. NIETO: Yes. The issue had come up -- 3 actually, two issues came up. One, as to whether 4 these are just general improvements or they're for a 5 racetrack, and two, we have a point in response to 6 their standing argument these are for a specific type 7 of racing and -- 8 MS. WRIGHT: One moment, please. 9 MR. NIETO: I'd like to bring up Al Garcia. Al 10 is the vice-president of operations at 11 Homestead -Miami Speedway. He's designed, operated 12 and managed over 25 races around the country and he's 13 an expert sanctioned by the compliance and design of 14 raceways. 15 MR. PINA: Thank you. 16 Mr. Garcia, state your name and address for the 17 record. 18 MR. GARCIA: Good evening. My name is Albert 19 Garcia. I have a business address at One Speedway 20 Boulevard in Homestead, Florida. I'm a resident of 21 the City of Miami for the last 30 years. 22 (Thereupon, the witness was duly swom.) 62-1066 JC Antorcha - 042202ZB.V1 Page 35 23 MS. FERNANDEZ: Do you work for Homestead 24 Speedway? 25 MR. GARCIA: Excuse me? 34 1 MS. FERNANDEZ: Do you work for Homestead 2 Speedway? 3 MR. GARCIA: I'm an employee of Homestead -Miami 4 Speedway, yes. 5 MS. MARRERO-TREHY: Then you need to be a 6 registered lobbyist in order to speak. 7 MR. GARCIA: I am nota registered lobbyist, no. 8 MS. MARRERO-TREHY: If he's an employee of the 9 appellate, he needs to be a registered lobbyist. 10 MR. NIETO: He's an expert witness — 11 MS. MARRERO-TREHY: He may be an expert witness, 12 but if he is being retained or paid or being 13 compensated for his appearance, he is, in fact, and 14 he's indicated that he is an employee of Homestead 15 Speedway. 16 MR. NIETO: We can certainly hear that first 17 thing tomorrow morning. 18 MS. MARRERO-TREHY: I'm sorry. Hear what? 19 MS. FERNANDEZ: We can give you the application 20 now. 21 MS. MARRERO-TREHY: No, it has to be here now. JC Antorcha - 042202ZB.V1 Pa e36 22 We'll take five or we can go on to another item, 23 Madam Chair, if you would like to. 24 CHAIRPERSON HERNANDEZ: Sorry? 25 MS. MARRERO-TREHY: They're going to have to do RN 1 the lobbyist registration. Do you want to take five? 2 CHAIRPERSON HERNANDEZ: Let's take five or ten. 3 1 just spoke to — 4 MS. MARRERO-TREHY: I didn't mean item 5. 5 CHAIRPERSON HERNANDEZ: I do want to take five. 6 That's a very good idea. Let's take five. But 7 before we take five, lest someone think that we're 8 willing to interrupt the Sunshine Law and I will be 9 tempted to say something, I just spoke to former 10 Commissioner J. L. Plummer who as on the Bayfront 11 board for many years, as you know, Lucia, and I asked 12 him because I was curious about your question on, 13 Allan, on the stone. He says that there has, in 14 fact, always been stone and that one of the big 15 concerns was oils spillage from the cars on the 16 stone; that he does not know if they have broken up 17 some of the stone and replaced it with concrete. 18 Have they replaced it with concrete? Lourdes? 19 The fountain is supposed to be all stone and the 20 pavement was supposed to be stone. I'll let you look JC Antorcha - 042202ZB.V1 Page 37 21 it up. 22 MS. SLAZYK: I can't tell from this if this was 23 stone. The parks department — 24 CHAIRPERSON HERNANDEZ: No, J. L. told me it was 25 stone. He was there for 20 some years. And 36 1 apparently the oil would really mess up the stone. 2 MS. SLAZYK: I don't know the answer to that. 1 3 don't know if it was stone. 4 CHAIRPERSON HERNANDEZ: It was. J. L. told me 5 it was. And I trust him. He was there for a long 6 time. Okay. We will — its 8:37. We'll come back 7 at five to ten. Ten being the maximum, five being 8 the minimum. 9 (Recess taken.) 10 CHAIRPERSON HERNANDEZ: We're back. Are we 11 ready? 12 MS. FERNANDEZ: Lucia, for the record, are you a 13 registered lobbyist? 14 MS. DOUGHERTY: No. 15 MS. FERNANDEZ: Thank you. 16 MS. MARRERO-TREHY: Madam Chair, are you ready 17 for them to proceed? 18 CHAIRPERSON HERNANDEZ: Yes, I'm ready. 19 MS. MARRERO-TREHY: Go ahead. 02-100% JC Antorcha - 042202ZB.V1 Page 38 20 MR. GARCIA: Madam Chair, members of the board, 21 my name is Albert Garcia. As our partner stated 22 here, I have been operating and designing permanent 23 racing facilities for about the last seven years. 24 Twelve years prior to that, as they said, I was 25 responsible for designing and building over 25 37 1 temporary race courses all over the country. And 2 some through parks, some through cities. 3 So what we see here is that these improvements 4 were made to the park specifically for racing. 1 5 understand about building roadways through the park 6 and all that, but I don't think you'll see any other 7 park in the country that has walkways that are 40, 8 35, 40 feet wide. That's not necessary as a roadway 9 through a park. Most parks the roadways are 15, 20 10 feet wide and that's more than enough to accommodate 11 any traffic from concerts or special events or 12 whatever it may be. 13 So its very obvious that the improvements that 14 were made to the surrounding areas and to the park 15 itself were strictly for racing. 16 To that end, and without getting too specific, 17 these modifications were designed and built for 18 sports car racing, for the American Le Mans series. - 042202ZB.V1 19 Since, they've now proposed adding another 20 sanctioning body, CART. Well, that track will not 21 support the open wheel racers that CART brings to 22 them. 23 So if is this able to be put together, they will 24 be back before this board asking for more permits to 25 make more modifications because I'm here to tell you 38 1 that that track right there will not suit the CART 2 open wheel race or the Toyota Atlantic or some other 3 type of racing series that could possibly come to the 4 City of Miami. 5 So they're very specific to the American Le Mans 6 series and Trans Am series which are sedans. 7 Something was said about that we're talking out 8 of both sides of our mouth; that we're saying this is 9 not suitable for racing, but at the same time we want 10 to put in a bid. Well, if we were given the 11 opportunity to bid on this event and to host the CART 12 series and American Le Mans series downtown, we would 13 design and build something substantially different. 14 1 don't know and I don't see the room there of 15 where they could support that type of a show. Simply 16 to store 10,000 gallons of methanol, 15,000 gallons 17 of gasoline, plus park in excess of 100 JC Antorcha - 042202ZB.V1 Page 40 18 tractor -trailers. We just don't feel that that venue 19 would support that type of an event. And it's not 20 hard to see because they do these races in Cleveland 21 and they just had one in Long Beach last weekend. If 22 you see the foot print and the amount of real estate 23 used for those events, you will see that this 24 certainly will not support that type of event. 25 Thank you for your time. 39 1 CHAIRPERSON HERNANDEZ: Thank you. 2 MS. MARRERO-TREHY: Madam chair, if that's the 3 last question of that witness, there is a right to 4 cross-examine if Miss Dougherty wants. 5 CHAIRPERSON HERNANDEZ: Does that complete your 6 presentation? 7 MR. NIETO: Yes, it does. 8 CHAIRPERSON HERNANDEZ: Thank you. 9 Yes, Lucia. 10 MS. DOUGHERTY: I don't want to cross-examine 11 him. But I think I just heard him say, and the only 12 expert testimony that he offered is that CART, who is 13 our potential partner, would not run on this track. 14 And from my understanding, CART has already inspected 15 the track and is willing to take it as is. 16 So he is now testifying as opposed to anything JC Antorcha - 042202ZB.V1 Page 41 17 else that our partner won't take this track. 18 MR. NIETO: I believe that he mentioned about 19 four or five other different sanctioning bodies, 20 different types of races that also would not run on 21 that track. 22 CHAIRPERSON HERNANDEZ: Your presentation is 23 concluded. She's getting two minutes for rebuttal. 24 So unless a Board member specifically asks you a 25 question, I'm sorry, but time's up. 40 1 MR. NIETO: I apologize. 2 CHAIRPERSON HERNANDEZ: That's okay. 3 MS. DOUGHERTY: Madam chairman, I don't have 4 anything further. 5 CHAIRPERSON HERNANDEZ: Thank you, Lucia. 6 We will now close to this to the public and open 7 it up to the Board for questions or motions. 8 MR. GANGUZZA: I'm prepared to make a motion, 9 Madam Chair. 10 CHAIRPERSON HERNANDEZ: Go ahead, please. 11 MR. GANGUZZA: I move the request on agenda item 12 1 of the Planning and Zoning director be affirmed and 13 the appeal be denied and the requirements of 14 Ordinance 11000 as amended were satisfied by relevant 15 efforts — relevant evidence in the record of the 02-1066 JC Antorcha - 042202ZB.V1 Pa a 42 16 public hearing. 17 MR. FLOWERS: I second. 18 MS. MARRERO-TREHY: Motion for what? 19 MS. FERNANDEZ: Denial. This is a motion for 20 denial of the appeal. 21 MR. GANGUZZA: That's correct. To affirm the 22 determination of Planning and Zoning director and 23 denying the appeal. 24 MS. MARRERO-TREHY: Mr. Flowers, did you second 25 that motion? 41 1 MR. FLOWERS: Yes, ma'am, I did. 2 MS. MARRERO-TREHY: Okay. Thank you. 3 MS. FERNANDEZ: Mr. Ganguaa? 4 MR. GANGUZZA: Yes. 5 MS. FERNANDEZ: Mr. Flowers? 6 MR. FLOWER: Yes, ma'am. 7 MS. FERNANDEZ: Mr. Bums. 8 MR. BURNS: Yes. 9 MS. FERNANDEZ: Mr. Garavaglia? 10 MR. GARAVAGLIA: Yes. 11 MS. FERNANDEZ: Mr. Pellon? 12 MR. PELLON: Yes. 13 MS. FERNANDEZ: Mr. Pina? 14 MR. PINA: I just want to make a statement here. 0;2--1066 JC Antorcha - 042202ZB.V1 Pa'g' 43 15 And my decision is going to be based on the fact that 16 we're using public land where extensive improvements 17 are being made and I don't think its serving the 18 general public. Although I am in favor of the Gran 19 Prix and it has nothing to do whether it was 20 competitive bidding and so on, I don't think these 21 improvements are — will benefit the general public. 22 So my decision is no. 23 MS. FERNANDEZ: Yes? 24 MS. MARRERO-TREHY: No. 25 MS. FERNANDEZ: Oh, no? 42 1 Mr. Shulman? 2 MR. SHULMAN: I echo Mr. Pina's comments. No. 3 MS. FERNANDEZ: Mr. Williams? 4 MR. WILLIAMS: I think it would be good for the 5 City of Miami. I say yes. 6 MS. FERNANDEZ: Miss Hernandez? 7 CHAIRPERSON HERNANDEZ: I'm going to go along 8 with denial of the appeal, but I am really going to 9 be keeping my eye on this. I don't like the fact 10 that its coming to us where I don't know what 11 improvements — I mean, it has nothing to do right 12 now whether its racing or not racing. The only 13 thing that's supposed to be before us is the Class II 02-1066 JC Antorcha - 042202ZB.V1 Page 44 14 and improvements. These are definitely not 15 improvements for the park for the people. That we 16 know. 17 I'm concerned that if they are going to be 18 breaking up valuable stones and they're going to 19 spill oil on it and stuff like that that's not going 20 to look pretty and it's not going to be good for the 21 general public, I am definitely going to be looking 22 at that when they start coming back for other permits 23 and other variances and other things. 24 MS. FERNANDEZ: Okay. This motion passes seven 25 to two. This decision is final unless appealed to my 43 1 office within 15 days. 2 MR. FLOWERS: I'd like to make a statement. 3 Miss Chair and other board members, I was over there 4 on Sunday riding my bicycle and there was about 3 or 5 400 females that had walked, I think, for some 6 charity, and they were all on the same pavement. I'm 7 sure they were happy that the roads are paved so 8 they'd have a place to put their luggage and their 9 backpacks. 10 So I do ride my bicycle every Sunday over there. 11 CHAIRPERSON HERNANDEZ: If they didn't put a 12 couple of cops there, I can't see females walking. 02-1066 JC Antorcha - 042202ZB.V1 Page 45 13 MR. FLOWERS: There were cops there, there were 14 at least 3 or 400 females from all over the state. 15 CHAIRPERSON HERNANDEZ: Yes, but that one day. 16 MR. FLOWERS: I'm only there on Sundays. 17 CHAIRPERSON HERNANDEZ: That made them safe. 18 They were unsafe if you were there. 19 MS. FERNANDEZ: Miss Dougherty, do we have a 20 copy of that exhibit? Do we have a reduced copy of 21 that exhibit? 22 MS. MARRERO-TREHY: Please provide an 8 by 11. 23 (Thereupon, the hearing was concluded at 9:00 24 p.m.) 25 44 1 CERTIFICATE 2 ----- 3 4 STATE OF FLORIDA 5 COUNTY OF DADE 6 7 8 I, JOANNIE FIEGER, CSR, RMR, CRR, Notary 9 Public, do hereby certify that I was authorized to and did 10 stenographically report the foregoing proceedings and that 11 the transcript is a true and correct transcription of my 02-1050 _ - U REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIANII TO RACEWORKS, LLC for the use of City -owned property located in and adjacent to Bayfront Park, Miami, Florida. /7/// TABLE TABLE OF CONTENTS PAGE Recitals 2 1. Recitals 2. Definitions 3 3. Term 4. Trust's Use Fee 5. City s Use Fee 6 6. Grant of Temporary Use of Public Property 6 7. Permitted Use 7 8. Concessions Agreements 8 9. Name of Race Event 9 10. Media 9 11. Scheduling of Race Events 9 12. Initial Improvements to the Race Course 10 13. Payment of the Costs of the Initial Improvements 11 14. Subsequent Improvements to the Race Course I2 15. Payment of the Costs of Subsequent Improvements 12 16. Modifications to the Race Perimeter 13 17. Storage 13 18. Licenses. Authorizations & Permits 14 19. City Police. Fire & Sanitation Services 15 20. Traffic Plans for Race Events 16 21. Set Up & Tear Down of the Race Perimeter During the Use Period 16 22. Licensee's Operations of Race Events 17 23. Risk of Loss 18 24. Signage 19 25. Financial Obligations 19 26. No Claim to Assets or Rights of Licensee 19 27. Bayside Marketplace & Concorde Cruises 19 28. Non-interference & First Right of Refusal 19 29. Licensee's Records & Financial Statement 20 30. Compliance with Municipal Motor Vehicle Racing Act 20 31. Promotion by City & Trust 20 32. Quality of Events 20 33. Taxes 20 34. Compliance With Laws 21 35. Additional Expenses 21 36. No Discrimination in Hiring 21 37. Indemnification 21 38. Insurance 22 02-1066 39. Risk Review =- 40. Audits- - -- 41. Inspections __ .4 42. Public Records -4 43. Nondiscrimination 24 44. Affirmative Action 24 45. Conflict of Interest 2; 46. Late Payments 25 47. Failure to Stage Events 48. Assignment 26 49. Licensee's Release From Agreement 26 50. Notices 27 51. Waiver 28 52. Force Majeure and Impossibility 28 53. Failure to Obtain National or International Sanctioned Event 29 54. Default and Termination 29 55. Permanent Improvements 29 56. Restoration of Public Property 30 57. Compliance with Environmental Laws 30 58. Invalidity 31 59. Time of Essence 31 60. No Interpretation Against Draftsmen 31 61. Further Acts 31 62. Litigation 31 63. Successors and Assigns 31 64. Third Parry Beneficiary 32 65. No Partnership 32 66. Amendments 32 67. Miscellaneous 32 68.- Entire Agreement 32 69. Authority 32 70. Approval by Emergency Financial Oversight Board 33 71. Approval By The U.S. Department of the Army, Army Corps of Engineers 33 Exhibit A Public Property Exhibit B Course Layout Exhibit C Race Perimeter Exhibit D Modifications Exhibit E Commitment Letter from the American Le Mans Series Exhibit F Mitigation Plan Exhibit G Tree Disposition Plan 02_1006 'L REVOCABLE LICENSE AGREEMENT This revocable license agreement ("Agreement') is entered this day- of (but is effective as of ), by and between the Cin- of Miami. a municipal corporation of the State of Florida ("City'). Bayfront Park Management Trust ("Trust'). a limited agency and instrumentality of the City of Miami. and Raceworks. LLC. a limited liability corporation organized and existing under the laws of the State of Delaware and=licensed as a foreign corporation in the State of Florida ("Licensee"). - RECITALS WHEREAS, the staging of the original "Miami Grand Prix." for many yeap in the Cite. provided favorable nationwide and worldwide publicity and advertising for the City attracted thousands of individuals as participants and spectators to the race. many of whom traveled to the City from other locales, and thus caused a significant beneficial impact on the economy of the City; and WHEREAS, subject to certain terms and conditions herein, in Bayfront Park. Miami. Florida ("the Park"); and in the public roadways that are adjacent thereto, the Licensee plans. on an annual basis to promote and stage Race Events (as hereinafter defined) in a manner similar to the original "Miami Grand Prix." and WHEREAS, Licensee has received a commitment for a long-term sanction agreement with the American Le Mans Series to stage a Race Event annually in downtown Miami and in the Park. subject to the execution of this Agreement by the City and the Trust; and WHEREAS, the City is the owner or lessee of portions of the Park and, pursuant to Section 38-101. City of Miami Code, the Park is managed by Bayfront Park Management Trust ("Trust"). and WHEREAS, pursuant to Resolution No. , the City Commission has authorized the City Manager to enter into this Agreement; and WHEREAS, pursuant to Resolution No. 01-027, the Trust has authorized its Executive Director to enter into this Agreement; and WHEREAS, Licensee is negotiating other agreements from other rights-of-way holders to obtain long-term commitments to utilize their properties in order to secure the rights to the proposed Race Course (as hereinafter defined) for the Race Events; and WHEREAS. Licensee has developed a mitigation plan and has developed traffic flow and logistical plans to minimize the disruption to Downtown businesses and hotels. 2 WHEREAS. subject to applicable laws and the limitations set forth herein. the Cita and the Trust maintain Public Property and each possess the respective authority to permit and license the use of Public Property for periods of time and for the purposes set forth herein: and WHEREAS. this Agreement is subject to the Corps Lease. as hereinafter defined. and is subject to approval by the United States Army Corps of Engineers ("Corps"). NOW THEREFORE. in consideration of the mutual covenants set forth herein. the parties hereby agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated and made a part of this Agreement. 2. Definitions. a) "City Manager" is the City Manager for the City of Miami. b) "City Ticket Fee" is the cumulative amount of fees paid to the City pursuant to Paragraph 5 of this Agreement. C) "City Use Fee" is the Use Fee that Licensee pays to the City. d) "Event Weekend" is the Thursday, Friday, Saturday and Sunday of Race Events and Support Events. e) "Executive Director" is the Executive Director of the Bayfront Park Management Trust. f) "Hazardous Materials" are diesel, propane, oxy-acetylene, paints. lubricant solvents, used oil, and other hazardous substances, toxic substances, pollutants, contaminants or hazardous waste materials. g) "Initial Improvements" are the improvements to be made upon the portion of Public Property, which comprises the Race Course for the initial Race Event. h) "Instrument" is an irrevocable letter of credit or other form of security instrument acceptable to and approved in writing by the City Manager i) "Public Property" is real and personal property located within the Race Perimeter that is owned or leased by the City or managed by the Trust. A diagram of the Race Perimeter is depicted in Exhibit A, incorporated hereto and made a part hereof. 3 j) "Race Course" is the specific route through the Public Property upon which the Race Events shall be conducted. A diagram of the Race Course is depicted in Exhibit B incorporated hereto and made a part hereof. k) "Race Event' is the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race. 1) "Race Perimeter' includes Public Property and other properties within which the Raceworks Events shall take place and which is temporarily used by the Licensee to promote a Race Event, as depicted in Exhibit C. m) "Raceworks Events" include collectively Race Events. Support Events or endeavors resulting from the license granted hereunder conducted during an Event Weekend. n) "Services" are the services rendered by the City's Police, Fire. and Solid Waste Departments during Race Events or Support Events. o) "Subsequent Improvements" are the modifications, improvements and/or maintenance of the Race Course that may be requested by Licensee after the initial Race Event occurs. P) "Support Events" are, secondary racing series and other entertainment activities which include having a "racing village". catering compound, hospitality suites. VIP Club. merchandising facilities and such other related activities permitted under this Agreement that are conducted with a Race Event. q) "Trust Ticket Fee" is the cumulative amount of fees paid to the Trust pursuant to Paragraph 4 of this Agreement. r) "Trust Use Fee" is the Use Fee that Licensee pays to the Trust. s) "Use Fee" is the fee that Licensee pays to the City or the Trust, as the case may be, for the use of its facilities and property. t) "Use Period" is the period of time allotted for the set-up, presentation and dismantling of a Race Event. Unless otherwise agreed in writing by the City and the Trust. the set-up period shall commence no earlier than forty-five (45) days prior to the first date of the Race Event, and dismantling shall begin immediately upon the conclusion of the Race Event and shall conclude within thirty (30) days thereafter. The City and Trust may extend the Use Period for a Race Event. in writing, should Licensee require a longer period for set-up and dismantling of the same. 4 3. Term The initial term of this Agreement shall be fifteen (15) years. commencing upon the effective date of this Agreement. The Licensee shall have the option of extending the term of this Agreement for a period of ten (10) years. If Licensee elects the option to extend the tern of this Agreement. Licensee shall give the City and Trust written notice of its intention to exercise the option a minimum of sixty (60) days prior to the expiration of the Agreement. 4. Trust Use Fee Licensee will pay to the Trust the Trust Use Fee of $50.000.00 which shall be due no later than thirty (30) days after each Race Event. The Trust Use Fee shall increase annually in accordance with the Consumer Price Index, as published by the U.S. Department of Labor. however in no event shall the increase exceed four percent (4%) of the Trust Use Fee for the last Race Event of the previous year in which a Race Event occurred. The Trust Use Fee is inclusive of the fees for the use of the Park, its amenities and facilities for each such Race Event and includes the janitorial services. electrical and water services that are normally available in the Park. In the event that the Licensee requires electrical, water and janitorial services that exceed those that are normally available in the Patio, then Licensee shall be responsible for paying the Trust for providing or causing said services to be provided by independent companies. Licensee agrees to pay to the Trust the Trust Ticket Fee for any and all tickets sold by Licensee. The Trust Ticket Fee shall be payable as follows: Year 1-5 6-10 11-15 During any extension of this Agreement 1-5 6-10 Trust Ticket Fee $1.00 51?5 51.50 Trust Ticket Fee 51.75 52.00 Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies and the Trust Ticket Fee. Licensee agrees to record the Ticket Fee as a separate item in the certified statement of accounts for the Race Event. Licensee shall be responsible for the collection of the Ticket Fee, which shall be held by Licensee in trust for the Trust. Licensee shall pay Ticket Fee to the Trust, within sixty (60) days after the conclusion of a Race Event. Licensee shall maintain all books and records pertaining to 5 02 — 1066 the Race Event and the revenue therefrom and shall make such books and records available for City and Trusts inspection and auditing as provided herein. The Trust shall not require Licensee to pay any additional surcharges. or other charges for the use of the Park or its facilities. equipment or services unless it is mutually agreed upon by the parties in writing. 5. City's Use Fee. Licensee will pay to the City the City Use Fee of $50,000.00 which shall be due no later than thirty .(30) days after each Race Event. The City Use Fee shall increase annuall- in accordance with the Consumer Price Index, as published by the U.S. Department of Labor. however in no event shall the increase exceed four percent (4%) of the City Use Fee for the last Race Event of the previous year in which a Race Event occurred. Licensee agrees to pay to the City the City Ticket Fee for any and all tickets sold by Licensee. The City Ticket Fee shall be payable as follows: Year City Ticket Fee 1-5 $1.00 6-10 $1.25 11-15 $1.50 During any extension of this City Ticket Fee Agreement 1-5 $1.75 6-10 $2.00 Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies and the City Ticket Fee. Licensee agrees to record the City Ticket Fee as a separate ita n in the certified statement of accounts for the Race Event. Licensee shall be responsible for the collection of the City Ticket Fee, which shall be held by Licensee in trust for the City. Licensee shall pay City Ticket Fee to the City, within sixty (60) days after the conclusion of a Race Event. Licensee shall maintain all books and records pertaining to the Race Event and the revenue therefrom and shall make such books and records available for City and Trust's inspection and auditing as provided herein. The City will not require Licensee to pay any additional surcharges, or other charges for the use of the Public Property, its facilities, equipment or services unless it is mutually agreed upon by the parties in writing. 6. Grant of Temoorary Use of Public Prou)erty N 02--1006 For the term of this Agreement or an extension thereof. the City and the Trust Grant Licensee the right to use its Public Property to stage a maximum of two Race Events a year on the Race Course and within the Race Perimeter. Subject to existing zoning and other governmental restrictions. City and the Trust. respectively grant to Licensee a license to conduct the Raceworks Events on the Public Property during the times agreed upon herein. During a Raceworks Event, the Licensee may limit public. vehicular and pedestrian access to the Race Perimeter in a manner agreed upon by the Citi Manager and the Executive Director. This Agreement solely authorizes Licensee to the temporary use of Public Property for the limited purposes set forth herein and for no other purpose. The parries hereby agree that the provisions of this Agreement do not constitute a lease. The rights of Licensee hereunder are not those of a tenanL but are a mere personal privilege to do certain acts of a temporary character on Public Property and to use Public Property, subject to the terms of this Agreement. The City and the Trust retain dominion, possession and control of the Public Property. Therefore. no lease interest in the Public Property is conferred upon Licensee under the provisions hereof. Licensee does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Public Property by virtue of this Agreement or its use of Public Property hereunder. Additionally, Licensee does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Public Property by virtue of any expenditure of funds by the Licensee for improvements, construction. repairs, partitions, or alterations to the Public Property which may be authorized by the City or the Trust. The grant of rights hereunder does not affect the private property rights, where applicable, of any other property rights or private rights holder to any of the property underlying the Race Perimeter, which does not constitute the Public Property. In order to stage the Race Events, the Licensee agrees to make separate arrangements with any entities having a legal interest in non -Public Property located within the confines of the planned Race Perimeter, including, but not limited to, the public rights -of -ways not owned by the City or managed by the Trust, and Licensee further agrees to provide pedestrian access along all public sidewalks adjoining private businesses included within the boundaries of the Race Course and the Race Perimeter. 7. Permitted Use Subject to the conditions stated herein and any applicable laws, Licensee may limit access to the Race Perimeter under Licensee's paid ticketing and credential system, create viewing and pit areas, charge admission fees to persons attending the Race Event, provide food and beverages (including beer, wine and liquor), sell merchandise and other concessions, broadcast through any and all forms of media and sponsor other Support Events In addition to. but concurrently with the Race Event. Licensee will also sponsor Support Events within the Race Perimeter which could feature secondary. racing series and other entertainment activities. subject to approval by the City Manager and the Executive Director. Subject to any legal requirements. authorizations and permits. to the extent that the Cite and Trust possess such rights, the City and the Trust grant a license to Licensee to conduct Race Events and Support Events during the limited mutually agreed upon time periods provided herein. Support Events may consist of the following: fireworks displays. musical and other concerts and festivities, boat shows, amusement rides, animal shows. fashion shows and talent contests, high performance ride and drive activities, air shows, high performance motorized boat races adjacent to the Park, temporarily limit access to and/or close down City streets and buildings to traffic or pedestrian access, limit access to the waterways adjacent to Bayfront Park. rent mooring space in the waterways adjacent to Bayfront Park, display giant televisions, laser shows, television transmission requirements, above ground temporary or other type of voice. data, telephone cabling, conduct night racing and set up flood lights and other equipment to do so, sell corporate hospitality and VIP Club tickets. to set up temporary catering facilities for the preparation and sale of food, to sell advertising rights, space and signage upon and throughout the Race Course, Race Perimeter, Park and Race Perimeter fencing, including on barriers. debris fencing, pedestrian bridges, and other forms of advertisement on scoreboards and giant television screens, signs and banners, to temporarily limit access to and/or re -direct or close traffic. The Licensee shall submit a schedule of proposed Support Events at least thirty (30) days prior to a Use Period, and the City Manager and the Executive Director shall have the discretion to oppose any Support Event that either may consider not in the best interest of the City or the Trust, respectively. Subject to all applicable laws, the City and Trust hereby grant Licensee a license to conduct Race Events and Support Event in a safe and lawful manner as scheduled, to establish and maintain the Race Course on a temporary basis, to enable the temporary set up and tear down of the Race Course. the right to erect pedestrian bridges and hospitality facilities. establish the Race Course and Race Perimeter and otherwise to enable the Raceworks Events to be promoted. effectuated. staged. operated, managed, performed, and conducted in a lawful, safe and professional manner consistent with the requirements of the racing series, the sanctioning organizations. industry standards. 8. Concessions Agreements Subject to all applicable laws, and pursuant to the terms of this Agreement, and to the extent that the City has the ability to control or permit, the Licensee may exclusively operate concessions and enter into concession agreements to operate all concessions and merchandising —of articles associated with Race Events within the Race Perimeter during Event Weekends. Concessions include. but are not limited to, merchandise, souvenirs, catering, food service, and beverages (including beer, wine and liquor) and all other commercially related activities, including media, marketing, and sponsorship for Raceworks Events. Licensee shall indemnify, 8 02-1066 hold and save harmless. and defend the City and the Trust their directors. officers. employees and volunteers from and against anv and all claims demands. liens, judgments. liability. losses or damages. including but not limited to costs. expenses and anorney's fees arising out of or attributable to the concession agreements that Licensee enters into for concessions. 9. Name of Race Event Licensee has the right to create the name of the Race Event and shall notify the City and Trust in writing of the Race Event name. Licensee agrees to utilize the name "Miami" in the Race Event's name. and to feature the "City of Miami" and "Bayfront Park" and "Bayfront Park Management Trust" in any and all promotional materials for the Race Events. In the event that Licensee ceases to conduct Race Events within the confines of the legal boundaries of the City. Licensee's agrees not to use "Miami" and "Bayfront Park" in the name of subsequent race events. 10. Media The City and the Trust further understand and agree that the Licensee will have the exclusive privilege to own, sell. license, sub -license, assign, convey and transfer every manner and method of transmission, whether by satellite master antenna television systems, fiber optic. direct broadcast satellite, transmission to TYRO receiving dishes, video dial tone system, open video system. cable, microwave, multipoint distribution services, multi -channel MDS, radio and by the internet. whether in a form which is existing or subsequently invented, and by means of any similar or dissimilar electronic, analog or digital means now known or hereafter invented, as well as by the World Wide Web of the Internet, including computer on-line media, real time telemetry rights, time and scoring information, simulcast video streaming rights. and telephonic transmission and any other internet technology whether existing now or in the future, relating to the Race Events and the Support Events that are contemplated within this Agreement. In addition. so long as the Race Events are conducted in the City and within the Park. Licensee agrees to utilize the names "City of Miami." "Bayfront Park Management Trust," respectively, and their logos (whether in present form or as subsequently created or modified) in said media for purposes of promoting, merchandising, and marketing the Race Events and Support Events in any form. subject to the approval of the City and the Trust. 11. Scheduling of Race Events The initial Race Event, featuring the American Le Mans Series, shall be held April 5 -7, 2002. Licensee will conduct a maximum of two Race Events annually during an Event Weekend. Licensee will conduct one Race Event in either the Spring or Fall. Race Events may be scheduled during the Summer or Winter. however such an alternate time must be mutuaIl- agreed upon by the parties and is subject to the terms and conditions set forth herein. The parties shall attempt. whenever reasonably possible. to select the same time period to schedule Race Events annually. However, in no event shall there be more than two Race Events per year. The City and the Trust shall. using their best efforts. attempt to accommodate the dates and scheduling requirements in which Licensee proposes to conduct Race Events. Licensee shall have a preference in scheduling dates for the Race Events given the scheduling limitations put upon Licensee by the sanctioning organizations and by television broadcast requirements. Licensee shall use its best efforts to schedule the Race Event(s) at approximately the same time of the year. Licensee shall give the City and the Trust nine (9) months written notice of the proposed dates for anv Race Event. The City Manager and the Executive Director shall have ten (10) business days to approve or disapprove the proposed dates. The City and Trust's approval shall not be unreasonably withheld. In deciding whether to approve or disapprove a proposed date for a Race Event. the City. through its City Manager, and the Trust shall give weight to a) the scheduling requirements of the pertinent racing series and/or sanctioning organization; b) the television broadcast requirements: and c) whether there are other events scheduled in the Park. The City and Trust each acknowledges that the Licensee is constrained by the racing series sanctioning organizations and television broadcast rights agreements, and the City and the Trust shall take reasonable steps to accommodate the Licensee's proposed race dates. 12. Initial Improvements to the Race Course Licensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property that is depicted as Exhibit D, attached hereto and incorporated as part of this Agreement, subject to obtaining approvals from the applicable government entities, the City will make the necessary Initial Improvements to the Public Property that will comprise the Race Course. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Payment for the costs of the Initial Improvements shall be made in accordance with Paragraph 13 below, entitled "Payments for the Costs of Initial Improvements". Some of the Initial Improvements require approval by the Army Corps of Engineers, State of Florida Department of Transportation, Miami -Dade County, the Water and Sewer Authority, other federal. state and local government agencies, and any other entity which has the right to permit or provide approval for access to Public Property and the City makes no representation to the Licensee concerning such approval. Using its best efforts and as soon as reasonably possible. the City and the Trust, respectively, shall take the steps necessary to obtain the requisite approval and/or permits to make said Initial Improvements. The City Manager shall 10 review and approve the proposed contracts for such expenses and services on an expedited basis. The City will make Initial Improvements on a timely basis so as to facilitate the timer promotion and staging of the initial Race Event that is scheduled April -5-7. 2001 subject to the force majeure provisions contained herein. In the event that additional design and construction is required. the parties will cooperate in good faith to complete such design and construction, respectively, on an expedited basis so as to facilitate the initial Race Event to be conducted as scheduled. 13. Pavment of the Costs of the Initial Improvements Licensee shall prepay the City or provide to the City an Instrument securing the costs of the Initial Improvements, which shall be constructed by the City in phases ("Phases") to be determined by the City Manager in his/her sole discretion. Prior to the City making Initial Improvements. the City shall provide Licensee with an invoice determining the amount of the costs for the initial Phase to be constructed. A minimum of thirty (30) days prior to the City commencing construction of the said Phase. Licensee shall either: 1) present an Instrument to the City Manager to secure the costs of said Phase or 2) prepay the costs of said Phase. The City shall not be obligated to commence construction of any Improvements. until it receives and approves the Instrument or receives pre -payment for the cost of each Phase. In the event that Licensee elects to provide an Instrument to secure the costs of a Phase and does not prepay the costs of such Phase. Licensee shall provide such Instrument a minimum of thirty (30) days prior to the first date that the City will commence construction of said Phase. The City shall have the right to draw upon or exercise its rights under the Instrument immediately upon completion of construction of any Phase. For subsequent Phases, the City shall invoice Licensee for the costs of the next Phase in the same manner as with the initial Phase. Licensee shall provide an Instrument to the City Manager a minimum of thirty (30) days prior to the first date that the City will commence construction of the each Phase subsequent to the initial Phase, until all Phases have been completed. In the event of a default by the Licensee, the City shall have the immediate right to draw upon or exercise its rights under the Instrument. In the event that Licensee does not elect to provide an Instrument to secure the costs of a Phase. Licensee shall pay the City for all costs associated with a Phase a minimum of thirty (30) days prior to first date that the City commences construction of the initial Phase. For subsequent Phases. Licensee shall pay all costs to the City a minimum of thirty (30) days prior to the date when the City will commence construction of the next Phase, until all Phases have been completed. If Licensee fails to provide an Instrument or fails to prepay the costs for a Phase, as the case may be, as required hereunder, then Licensee will be'in default and the City will cease making further Initial Improvements. The City will not begin a new Phase until all payments t and late payments due hereunder have been received by the Cite. The City shall not be obligated to complete a Phase while Licensee is in default of this Agreement. 14. Subsequent Improvements to the Race Course After the initial Race Event, if Licensee is required to make or undertake Subsequent Improvements the Race Course to comply with the requirements of racing series or sanction organizations or for any other reason. Licensee shall notify the City Manager and the Trust a minimum of ten (10) months prior to the Race Event. Licensee shall submit the proposed alternate Race Course design to the City Manager at least six (6) months prior to the Race Event for the City Manager's approval. Such approval shall not be unreasonably withheld. Should Subsequent Improvements to the Race Course be required. the parties will cooperate in good faith to: (i) adjust to any development constraints in the City; (ii) accommodate the special needs of the Race Events; (iii) cooperate with each other in good faith to develop an alternative, cost effective race course design modification which continues to satisfy the requirements of the Race Events and Support Events as scheduled. and (iv) which continues to enable Licensee to stage the Race Events in a first class manner similar to the presentation of the original "Miami Grand Prix" in Downtown Miami. In any year in which Licensee requests Subsequent Improvements and the City approves of the Subsequent Improvements, the Licensee shall be financially responsible for the cost of such improvements. Payments for the costs of Subsequent Improvements shall be made in accordance with Paragraph 15, entitled "Payments for the Costs of Subsequent Improvements." The City shall not make additional modifications to the Race Course if Licensee is in default of this Agreement, or any extension thereof. 15. Pavment of the Costs of Subsequent Improvements Licensee shall prepay the City or provide to the City an Instrument securing the costs of the Subsequent Improvements, which shall be constructed by the City in phases ("Phases") to be determined by the City Manager in his/her sole discretion. Prior to the City making Subsequent Improvements, the City shall provide Licensee with an invoice determining the amount of the costs for the initial Phase to be constructed. A minimum of thirty (30) days prior to the City commencing construction of the said Phase, Licensee shall either. 1) present an Instrument to the City Manager to secure the costs of said Phase or 2) prepay the costs of said Phase. The City shall not be obligated to commence construction of any Improvements, until it receives and approves the Instrument or receives pre -payment for the cost of each Phase. In the event that Licensee elects to provide an Instrument to secure the costs of a Phase and does not prepay the costs of such Phase, Licensee shall provide such Instrument a minimum I2 02-1000 of thirty (30) days prior to the first date that the Cita- will commence construction of said Phase. The City, shall have the right to draw upon or exercise its rights under the Instrument immediately upon completion of construction of any Phase. For subsequent Phases. the Cite shall invoice Licensee for the costs of the next Phase in the same manner as with the initial Phase. Licensee shall provide an Instrument to the City Manager a minimum of thirty (30) days prior to the first date that the City will commence construction of the each Phase subsequent to the initial Phase, until all Phases have been completed. In the event of a default by the Licensee. the City shall have the immediate right to draw upon or exercise its rights under the Instrument. In the event that Licensee does not elect to provide an Instrument to secure the costs of a Phase, Licensee shall pay the City for all costs associated with a Phase a minimum of thirty (30) days prior to first date that the City commences constriction of the initial Phase. For subsequent Phases, Licensee shall pkv all costs to the City a minimum of thirty (30) days prior to the date when the Citv will commence construction of the next Phase, until all Phases have been completed. . If Licensee fails to provide an Instrument or fails to prepay the costs for a Phase, as the case may be, then Licensee will be in default and the City will cease making further Subsequent Improvements. The City will not begin a new Phase until all payments and late payments due hereunder have been received by the City. The City shall not be obligated to complete a Phase while Licensee is in default of this Agreement. In the event that third parties are licensed to conduct Race Events on the Race Course. the Citv shall reimburse Licensee $75.000 per Race Event for the costs that Licensee has paid for the Improvements. 16. Modifications to the Race Perimeter Licensee shall not make any modifications or improvements to the Public Property without prior approval from the City and the Trust. 17. Storage The City will use its best efforts to locate and provide property for the storage of the Race Course safety systems, equipment and barricades. In the event that the City is able to locate a storage facility for Licensee to store the Race Course safety systems, equipment and barricades, the City shall issue to Licensee a thirty (30) day revocable permit for storage of said equipment. This in-kind service has a present approximate value of 550,000. The value shall increase annually in accordance with the Consumer Price Index, published by the U.S. Department of Labor. however the annual increase shall not exceed four percent (4%). The Licensee shall, however, be solely responsible for any transportation or other costs associated with such storage. 13 02-1066 The Cite and the Trust shall use their best efforts to provide Licensee at no charge with appropriate City or Trust facilities near the Race Course to assist Licensee in the construction of the Race Course and Race Perimeter. and the set up and tear down activities. However. all costs associated with all such activities shall be the sole responsibility of the Licensee. Licensee shall bear the risk of loss for the use of such storage and agrees to indemnify. hold and save harmless. and defend the City and the Trust. their directors. officers. employees and volunteers from and against any and all claims. demands. liens, judgments. liability. losses or damages. including but not limited to cost. expenses and attorney's fees that occur as a result of the Licensee's use of the storage facility. 18. Licenses. Authorizations and Permits The City shall obtain licenses, authorizations and permits from the applicable county. state and federal agencies for the improvements, modifications and maintenance that it shall perform on the Public Property that comprises the Race Course. Licensee shall pay for such costs. Licensee shall obtain. or cause to be obtained, and maintain in full force and effect throughout the term of this Agreement or any extension thereof, at its sole expense, all other licenses. authorizations and permits that are necessary for Licensee to conduct the Raceworks Events. In the event that it is necessary for the City or the Trust to be a co -applicant or co- sponsor of Licensee"s applications for these licenses, authorizations. and permits, then the Cit} and Trust agree to be co-sponsors and co -applicants for any licenses, authorizations and permits necessary to stage Raceworks Events. However. Licensee shall be responsible for paying the cost of said applications and obtaining said licenses, authorizations and permits. To the extent not prohibited by law, the City agrees to waive the fees for any licenses. authorizations and permits that Licensee is required to obtain from the City. Prior to issuance of a permit for a Race Event. Licensee shall provide the City Manager with sufficient information, as determined by the City Manager. to demonstrate that Licensee is, and that the Race Event shall be, in compliance with all of the provisions of Section 549.08, Florida Statutes (2000), as amended, which is hereby incorporated by reference. The City shall not issue a permit for a Race Event if either the Licensee or the Race Event is not incompliance with this section. Licensee shall, at its sole cost and expense, apply for all necessary national and international sanctions to allow each Race Event to be qualified as a professional motorsports sanctioned automobile race. A copy of the written confirmation of such sanctions from the sanction organizations shall be forwarded by Licensee to the City Manager and Executive Director of the Trust upon receipt by Licensee, but in any event no later than ninety (90) days —before the scheduled date of any Race Event. In the event such confirmation is not received the Licensee shall be in default hereunder. 14 02-1066 19. Cin• Police, Fire and Sanitation Services Licensee shall be responsible for payment of the police. fire rescue and sanitation services ("Services") that are required for each Raceworks Event. Six (6) months prior to a Raceworks Event. Licensee will meet with the City Manager or designee to discuss the level of Services that are necessary for a Raceworks Event. The City Manager or designee will contact the City's Police. Fire and Solid Waste Departments to ascertain the level of Services that are necessary prior to, during and after a Raceworks Event. Thereafter, the City Manager or designee shall advise Licensee of the cost of the Services, including an estimate of the number of police, fire and sanitation personnel required, the estimated hours of work and applicable rates of pay. A minimum of seven (7) days prior to the Use Period, Licensee shall provide the City with an Instrument to secure the costs of the Services. The Instrument shall also secure the added costs of removal of the barricades. If Licensee fails to do so, then Licensee shall be in default. If Licensee does not cure this default by delivering an Instrument to the City within twenty-one (2 1 ) days from the date of its default the City shall have the right to immediately terminate this Agreement. The City shall not have any duty to provide any Services while the Licensee is in default hereinafter. The Citv shall use its best efforts to limit the cost of the Services for the Initial Race Event to an amount not to exceed $300,000. After the Initial Race Event, the City and the Licensee will meet to evaluate the cost of Services for the Initial Race Event in order to determine whether Services will exceed $300,000 in the future. However, in any event, the Licensee shall be responsible for payment of the cost of the Services rendered. If. during a Raceworks Event, the City, in its sole discretion, determines that security for the Raceworks Events is insufficient to ensure the safety and welfare of the public, then the City or Trust may summon such additional personnel as is deemed necessary. Licensee shall be responsible for payment of such additional personnel at the applicable rate. which shall be the rate normally charged for such personnel, depending on factors such as whether the personnel is off-duty or working overtime. In the event that off-duty police officers are summoned, then the compensation shall be based on the greater of four (4) hours or the actual time devoted to the Race Event. including "administrative" time, such as time devoted to booking prisoners, etc. No later than two (2) months prior to the commencement of the Use Period, Licensee shall provide two (2) copies of a diagram/floor plan of the proNosed Raceworks Events layout to the Office of Fire Department Plans Examiner, 444 S.W. 2 Avenue, 10th Floor, Miami, FL 33130. Similarly, not later than ten (10) days prior to the commencement of the Use Period, Licensee shall obtain and deliver to the Executive Director an Assembly Permit, and such other permits as may be required by the City relative to a Raceworks Event. Fire department manpower requirements for the Event shall be as stipulated by the Fire Marshall and approved by the City Manager. 15 Licensee shall ensure compliance with all necessary police. fire, and sanitation union requirements (if applicable) in connection with the personnel and services engaged for presentation of a Raceworks Event. The City shall use its best efforts to inform Licensee of the terms of any police. fire, sanitation union agreement. written or oral. affecting all relevant personnel or services used in connection with any Raceworks Event. 20. Traffic Plans for Race Events Licensee agrees in good faith to work with the City, the Trust and the Downtow-n Development Authority well in advance of any Race Event to devise a plan of traffic and pedestrian control which minimizes unjustified interference with business and individual activity in and about the Race Perimeter. It is not anticipated that any street closures will be required for more than a total of three (3) days during any Race Event and such closures shall be over an Event Weekend. 21. Set Up and Tear Down of the Race Perimeter Durine the Use Period Licensee shall have access to the Public Property during the Use Period for the set up and dismantling of the Race Perimeter. During the Use Period subject to the City's and the Trust's reasonable approval and subject to applicable laws and any agreements of the City or the Trust. respectively, with other governmental or private entities, Licensee may temporarily move or remove light posts, statues, benches or other items located on Public Property, may construct a temporary Race Perimeter, including but not limited to, placing barriers, blockades. temporary cable (electrical and other), safety equipment safety devices, spectator control line fencing, fence covering material, portable toilets. signage, tents and hospitality facilities, cranes, forklifts, vehicles, fire protection equipment and apparatus, temporary fuel dispensing, medical equipment and apparatus, park and display participant vehicles, set up bleachers, seats, temporary wiring. banners. structures. spectator control line and components thereof within the Race Perimeter and any such other structures to ensure the safety, security, and necessary facilities to properly conduct a Rac:works Event. Immediately after the Race Event, Licensee must relocate and/or return any items moved to their original location. The set up and tear down activities shall be effectuated so as to minimize any negative impact upon the routine activities of the City or the Park. Licensee may request additional time to effectuate the set up and dismantling of the Race Perimeter and approval of such request to the City or Trust shall not be unreasonably withheld. The parties shall cooperate in good faith to plan the set up and the tear down activities of the Raceworks Event in such a manner as to minimize, where reasonably practical, the disruption to local businesses adjacent to the Race Course, yet in a manner consistent with Licensee's reasonable ability to stage a Raceworks Events as planned and scheduled without undue expense or burden to Licensee. Licensee shall give the City and the Trust a proposed schedule ("Schedule") showing the dates for installation and removal of grandstands, bleachers, safety devices, and any other 16 62-1066 apparatus or equipment to be utilized in connection with a Raceworks Event at least ninety (90 days prior to the Race Event. The City Manager and the Executive Director shall have fifteen (1 5) business days to approve or disapprove the Schedule. Such approval shall not be unreasonably withheld. If no response is given in such fifteen (15) day period. the Schedule shall be deemed to have been approved by the City Manager and the Executive Director. If the Schedule is disapproved. the Licensee shall submit a revised Schedule for approval by the Cite Manager and the Executive Director within ten (10) days of receipt of the City Manager's or Executive Director's disapproval of the original Schedule. After the conclusion of the staging of each Race Event, Licensee shall reasonably promptly remove all grandstands, bleachers, barricades, safety devices and any other safety equipment and apparatus. The City may remove any temporary devices not removed on a timely basis, or the Trust and the City, respectively, shall be reimbursed for the charges for such removal by drawing upon or exercising its rights under the Instrument that Licensee provided for the Services and for barricade removal. The charges will be the amount of such removal costs the City. Licensee shall set up for the Raceworks Events in the Park no more than seven (7) days prior to the Race Events and tear down two (2) days after the Race Events. 22. Licensee's Operations of Race Events (a) Licensee agrees to furnish, at its own cost and expense, all personal property and equipment necessary for the successful and professional operation of the Raceworks Events. (b) Neither the City nor the Trust shall be responsible for any goods, merchandise or equipment stored on the City's or Trust's property, or be responsible for damage to Licensee's property resulting from a power failure, hurricane, tornado, flood, fire, explosion. and or any other causes. (c) Licensee shall ensure that its employees shall at all times be neatly dressed attired in clean uniforms and wear an identification badge. (d) Licensee shall provide adequate personnel to provide quality service at all times. Licensee shall be notified of any employees of Licensee that are not deemed to be performing in the best interest of the City and/or the Trust. (e) Licensee shall designate a management representative ("Management Representative") who shall be present at the Raceworks Events. The Management Representative shall be given the full authority by the Licensee to make on-site decisions on behalf of or for the Licensee, but not of the City or the Trust. The Management Representative shall ensure strict compliance with all terms and conditions contained in this Agreement. The 17 ' GG Management Representative shall serve as a liaison between the City. the Trust and the Licensee. Said Management Representative shall remain on call on a twenty-four (24) hour basis during a Raceworks Event should he/she need to be contacted by the City or the Trust. In addition. the City and Trust shall be provided with a telephone number and beeper where said individual can be reached at all times twenty-four (24) hours a day. seven days a week. It is expected that the Management Representative shall respond to anv request and/or concerns by the City or Trust within a maximum of twenty-four hours, or immediately on the day of a Raceworks Event. The City and the Trust shall designate a representative who will be similarly available to the Licensee. (f) Licensee shall provide sufficient personnel to professionally and safely conduct the promotion related activities to stage the Raceworks Events. (g) Licensee agrees to display, in plain view, any reasonable rules established by this Agreement and established by the City and the Trust in relation to the Raceworks Events and the operations of the Raceworks Events. No such rule shall be inconsistent with the terms of this Agreement. (h) Except when otherwise mutually agreed upon by the parties. Licensee agrees to store all equipment away from the Public Property. (i) The City shall be entitled, on a complimentary basis, to one hospitality suite for forty (40) .persons and forty (40) complimentary tickets for said suite for each Raceworks Event. The City shall be solely responsible for all food and beverage charges for said suite. The Trust shall be entitled to receive fifty (50) complimentary preferred seating tickets to any Raceworks Event. 0) Licensee shall have the right to establish and charge rates, provided. however, that Licensee shall not charge different rates to different persons admitted to the Race Perimeter. All charges shall be posted in clearly readable signs that are posted in accordance with all applicable laws. (k.) Any release that Licensee obtains from a spectator or participant in a Raceworks Event shall also release the City and the Trust from liability. Licensee shall print language on the Raceworks Event tickets which release the City and the Trust from any liability for personal injury and property damage relating to the Raceworks Events. 23. Risk of Loss Licensee agrees that neither the City nor the Trust shall be liable for any loss, injury or damage to any personal property or equipment brought into the Race Perimeter by Licensee or anyone whomsoever during the Use Period. All personal property placed or moved into the Race Perimeter shall be at the risk of Licensee or the owner thereof. Licensee further agrees that it shall be responsible to provide security whenever personal property either owned or used by the 18 _ 02-1066 %7c:.� Licensee. its employees. agents or subcontractors is placed in the Race Course site. including property necessary for set-up and dismantling the Race Perimeter. regardless of whether or not the Race Perimeter is open to the general public. 24. Siffnaffe Licensee. or its authorized agent. shall post signage in the City. Park. and outside of the City limits in conformity with existing laws. ordinances, codes and regulations of any applicable government agency. The location of signage in Bayfront Park shall be subject to the reasonable approval of the Executive Director. Neither the City nor the Trust shall implement anN ordinances, rules and regulations which will limit Licensee's right to display and/or locate temporary signage on the Race Course or within the Race Perimeter. 25. FinancialObIiaations Each party shall only be entitled to the financial assistance, compensation or remuneration specifically set forth herein. and no party shall be entitled to or shall charge any other party any fees. assessments, surcharges, or taxes or any other thing of value other than as specifically provided herein. 26. No Claim to Assets or Rights of Licensee By entering into this Agreement, none of the parties are granted any assets, rights, titles or interest to the other's assets, rights, title or interests. except as otherwise set forth in this Agreement. 27. Bayside Marketplace and Concorde Cruises The license granted herein is subject to the existing rights and agreements between the Trust and Concorde Cruises, Inc. and the City and Bayside Marketplace Limited Partnership. 28. Non -Interference and First Richt of Refusal Neither the City nor the Trust shall permit the staging of any Race Event within forty-five (45) days before or thirty (30) days afar a Race Event. Subject to the conditions herein and any applicable laws. Licensee shall have the first right of refusal to stage any Race Event on the Race Course (in its present or future form) subject to further good faith negotiations with the City and the Trust. 19 _ N 29. Licensee's Records and Financial Statement No later than sixty (60) days prior to the Use Period. Licensee shall submit to the Cite Manager. for approval a report of projected expenses. revenues. equity and bank financing to demonstrate whether the Licensee has the financial wherewithal to stage Race Event(s). Such report shall be prepared by a certified public accountant. In the event the City Manager does not approve the report and determines that the Licensee does not have the financial wherewithal to stage a Race Event. then the City Manager shall submit such report to the City Commission who shall make the final determination of the Licensee's financial ability to stage the Race Event. 30. Compliance with Municipal Motor Vehicle Racing Act The staging of the Race Events and temporary construction of the Race Course which is performed under this Agreement shall be in accordance with all applicable laws and regulations applying thereto. including all of the provisions of the Municipal Motor Vehicle Racing Act as set forth in Section X49.08, Florida Statues (2000). 31. Promotion by City and Trust The City and the Trust, respectively. through their normal operations. will cooperate in good faith with Licensee to promote Race Events through the City's departments or offices. 32. Quality of Events Licensee agrees that its operation and promotion of the Race Events shall provide a quality of service commensurate with and equal to a professional motorsports event of comparable nature. 33. Taxes Other than the ones contemplated herein, during the term of this Agreement and any extensions thereof, the City and the Trust shall not levy any assessments, charges, taxes. penalties. or fees that is applicable solely against Licensee, its operations, sales, tangible or intangible property, revenues, profits, or any vendors, sponsors, racing series, sanctioning —organization contracting with Licensee or any customers in relation to ownership, management. promotions, operation or staging of the Race Events. Throughout the term of this Agreement and any extension thereof, Licensee shall pay, whether assessed against the Licensee, the City or the Trust. all taxes, assessments and other governmental charges that may be levied upon the 20 02-1066 promotions. operations and any other use granted to Licensee under this Agreement. with exception to any taxes. assessments and other governmental charges may be levied upon an, payment made by Licensee to City or the Trust pursuant to this Agreement. 34. Compliance With Laws Licensee and/or its authorized agents agree to comply with applicable laws, codes ordinances and regulations enacted or promulgated by federal, state, county. and City government including the provisions of the Charter and Code of the City. Licensee and/or its authorized agents shall also comply with reasonable directives of the City Manager. 35. Additional Expenses Under no circumstances will the City be liable for any costs or expenses incurred by Licensee under. this Agreement or as a result of the Race Events, Support Events or related activities beyond those that are specifically set forth in this Agreement. 36. No Discrimination in Hirins. In the performance of this Agreement or any extension thereof, Licensee and/or its authorized agents shall not discriminate against any employee or applicant for employment because of sex. age, race, color, religion, ancestry or national origin. License and/or and its authorized agents will take affirmative action to insure that minority applicants are employed and that employees are fairly treated during employment without regard to their sex, age, race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. 37. Indemnification. Licensee shall indemnify, hold and save harmless, and defend the City, the Corps, and the Trust, their directors, officers, employees and volunteers from and against any and all claims, demands, liens, judgments, liability, losses or damages, including but not limited to cost, expenses and. attorney's fees caused by the actual or claimed negligence (active or passive) or omission of Licensee, its agents, employees, contractors, or concessionaires, or either of them, either as a sole or contributory cause, for loss of, use of, injury to or destruction of any property and/or bodily or personal or other injuries, including death, at any time resulting therefrom, sustained by any person or persons, including officers and employees of the City, the Corps. or the Trust, or in any manner attributable to any and all actions, representations, or performance of the provisions of this Agreement. 21 Licensee shall further indemnify. hold and save harmless. and defend the City. the Corps. and the Trust. their directors. officers and employees, from and against any and all claims. Iiens. liability. losses or damages, including but not limited to cost. expenses and attorneys' fees arising out of the City's statutory obligations pertaining to defective conditions in the Race Course and appurtenances thereto, including obligations under the Florida Statutes relating to dangerous condition of public property. Notwithstanding the foregoing, it is specifically understood and agreed that Licensee shall not indemnify nor agree to hold free and harmless and defend the Cite or the Trust. its officers and employees, or any of them of and from and against any and all claims, demands. liens, judgments, or otherwise, for death of or injury to any person or damage to any property whatsoever that may happen or occur as the sole result of any act or activity of the City or the Trust or any person acting for the City or the Trust or under their separate control or direction in failing to perform any act or duty imposed upon the City or the Trust by the terms of this Agreement, or as the sole result of any act or non -action by the City permitted or required pursuant to the terms of this Agreement. As between the parties to this Agreement. such liability shall be solely borne by the City and/or the Trust. In the event that the City or Trust is a defendant in or party to litigation as a result of negotiating or entering into this Agreement, or any extension thereof. Licensee shall indemnify the City and the Trust, their directors, officers, employees and volunteers from and against any and all monetary judgments (including related attorney's fees and costs awards). The City Attorney's Office shall vigorously defend, at its own expense, any litigation as a result of negotiating or entering into this Agreement, or any extension thereof. and the City shall bear its costs of such litigation. Licensee also agrees not to sue the City, the Corps, or the Trust. their directors. officers, employees and volunteers in the event that a third party sues the City, the Corps, the Trust, their directors, officers, employees and volunteers, for injunctive relief preventing performance of this Agreement and such injunctive release is granted. 38. Insurance Licensee shall obtain and keep in force at all times during the term of this Agreement, a policy of public liability and property damage insurance, in a form acceptable to the City's Risk Administrator, protecting the City, the Trust, and their officers and employees, and the United States Army Corps of Engineers and its officers and employees against any and all liability due to the death, injury, loss or damage to persons or property arising out of, or in any way incident to Licensee's operations of the Race Events. The policies described herein shall be provided to the City prior to the City commencing the initial improvements contemplated herein. 22 02—.0,66 riV�;: Licensee agrees to provide a Iiability policy in comprehensive form. including pollution liability coverage, in a form acceptable to the City's Risk Administrator. in the amount of not less than $20 million dollars combined single limits for bodily injury and property damage. Additionally. the Licensee must provide products and completed operations coverage in an amount of not less than $20 million dollars and must make the City and the Trust a named insured under the policy(s) and name AT&T, or any other subsequent sponsor of the Park. and the United States Army Corps of Engineers as additional insureds. 39. Risk Review A copy of the insurance policies evidencing such insurance coverage shall be filed with the City's Risk Management Division no less than thirty (30) days prior to any Use Period. and such policies shall provide that such insurance coverage will not be cancelled or modified without at least thirty (30) days prior written notice to City and the Trust. At least thirty (30) days prior to the expiration of any such policy, a renewal policy showing that such insurance coverage has been renewed shall be filed with the City's Risk Management Division. attention to the Risk Administrator, 444 S.W. 2nd Avenue, Ninth Floor, Miami, Florida 33130. City reserves the right to periodically review the sufficiency of the insurance policy, as required by this Licensee and to request Licensee to change the insurance coverage to be provided in any policy of insurance as provided for herein. Licensee shall, upon receipt of such request. increase the limits of such insurance to any amount reasonably satisfactory to City. Any such additional amount of coverage shall be commensurate with other events of this nature and shall in no event exceed $25 million in coverage or cause Licensee more than ten percent of additional insurance premium charges in any two-year period. 40. Audits During the term of this Agreement, and any extension thereof. Licensee shall deliver to the City and Trust a certified statement. executed by Licensee's Chief Financial Officer, stating the number of all paid admissions for all of the Raceworks Events, accompanied by any such other documents as may be necessary to support the Chief Financial Officer's certification, such as a ticket manifest, sales journals relating to ticket sales, complete box office statements of all tickets sold and any other appropriate records as may be reasonably required by good accounting practices for records of tickets sold for all Raceworks Events. If Licensee uses a third party to sell tickets for Raceworks Events. Licensee shall include in its certified statement the ticket sales by the third party and include with the report any and all documentation regarding the tickets sales by the third party. In the event that the City Manager or designee determines, in his/her sole discretion, that there is a discrepancy in the amount remitted by the Licensee for the City and Trust's fees, then the City shall have the right at all reasonable times, upon reasonable notice and during normal business hours, to examine any and all of Licensee's books and records as 23 02--1066 may be required by good accounting practices to determine and verify all of the ticket sales for Raceworks Events. All books and records shall be maintained and kept by the Licensee within the corporate limits of Miami -Dade. County. The City Manager shall have the discretion to require the installations of any reasonable additional accounting methods as he may deem reasonably necessary so long as such installations are consistent with professional accounting standards as applied in the industry. The City or the Trust, at their sole expense, may, at reasonable times and for a period of up to three (3) years following the expiration of the term of this Agreement or any extension. earlier termination thereof, audit. or cause to be audited, those books and records of Licensee. Licensee agrees to maintain all such books and records at its principal place of business. As between the City and the Trust, only one party may audit Licensee in a given year. 41. Inspections City shall have the right, at all reasonable times and upon reasonable notice, to make whatever inspections City deems reasonably necessary to determine if Licensee is complying with the terms and conditions of this Agreement and any applicable laws. Licensee agrees to provide City with reasonable access to its operations for such inspection purposes. 42. Public Records Licensee understands that the public shall have access. at all reasonable times, to City contracts. subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. 43. Nondiscrimination Licensee represents and warrants to the City that Licensee does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Licensee's use of the Race Course or presentation of the Race Events or Support Events on account of race, color, sex, religion, age. handicap, marital status or national origin. 44. Affirmative Action Licensee shall have an Affirmative Action/Equal Employment opportunity policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women. minorities, the disabled and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, 24 02-1066 Licensee shall submit a Statement of Assurance indicating that its operation is in compliance with all relevant civil rights laws and regulations. 45. Conflict of Interest Licensee is aware of the conflict of interest laws of the City of Miami (Miami Cite Code Chapter 2. Article V). Dade County, Florida (Dade County Code. Section 2-11.1 et. sea.) and of the State of Florida as set forth in the Florida Statutes. and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. Licensee further covenants that no person or entity under its employ. presently exercising any functions -or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City or the.Trust. Licensee further covenants that. in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of Licensee, its employees or associated persons, or entities must be disclosed in writing to the City. 46. Late Pavments Should Licensee fail to make any payment to the City or the Trust as provided in this Agreement. a late payment charge of one percent (1 %) of the amount due the City or the Trust will be assessed monthly against the Licensee commencing on the due date of such payment. until such amount is paid. In the event that Licensee shall fail to pay any of its financial obligations to the City or Trust within five (5) months after being past due, then Licensee shall be deemed in default of this Agreement. 47. Failure to Stage Events During this Agreement, or any extension thereof, if Licensee fails to stage at least one (1) Race Event annually Licensee shall be in default, unless such failure is as a result of 1) an act of the City or the Trust which prevents and makes impossible for the Licensee to perform its obligation to conduct a Race Event, 2) the Licensee's failure to obtain permission from Bayside Marketplace Limited Partnership or other right-of-way holder for use of the property that they own or possess and which is essential to stage, establish, maintain and/or operate the Race Course and Race Perimeter for a Race Event, or 3) conditions of force majeure, as that term is hereinafter defined, which prevents the Licensee from performing its obligations hereunder. It is expressly understood that Licensee is not obligated to stage two Race Events annually during the term of the Agreement, or any extension thereof, and its failure to stage more than one Race Event shall not in any sense be deemed a default or breach of this Agreement. In the event that the Licensee has not scheduled a second Race Event for a given year and another entity contacts the City and the Trust and wants to conduct its own Race Event, Licensee shall have the first 25 02-1066 i3 right of refusal to stage a second Race Event prior to the City andior Trust agreement to permit a third party to stage a Race Event. In the event that the Licensee fails to conduct a Race Event within any m -o (2) year period, the City and the Trust have the right to terminate this Agreement by gi-•ing Licensee written notice thereof. If thereafter. Licensee fails to cure said default by staging a Race Event within nine (9) months of the notice, the Agreement shall be deemed terminated. This provision shall not apply if the reason for the failure to stage a Race Event is not the Licensees fault. but is due to 1) an act of the City or the Trust which prevents and makes impossible for the Licensee to perform its obligation to conduct a Race Event. 2) the Licensee's failure to obtain permission from Bayside . Marketplace Limited Partnership or other right-of-way holder for use of the property that they own or possess and which is essential to stage, establish. maintain and/or operate the Race Course and Race Perimeter for a Race Event, or 3) conditions of force majeure as that term is hereinafter defined, which prevent the Licensee from performing its obligations hereunder. 48. Assignment Licensee shall not sell. assign this Agreement, or any part thereof. or transfer more than 50% of its ownership interest to any other party without first obtaining the written consent of the City and the Trust. The approval or consent of the City and the Trust shall not be unreasonably withheld. Such assignment shall be in writing and shall require the assignee to assume all of Licensee's obligations under this Agreement. Any assignment of this Agreement contrary to the foregoing provision. whether voluntary or involuntary, shall be void and shall confer no right upon such assignee. shall constitute a default under this Agreement. and shall result in an immediate forfeiture of the rights of Licensee hereunder. Sale means any transaction or series of related transactions pursuant to which any person or entity (other than Peter J. Yanowitch or his affiliates) (i) acquires from the holders thereof a majority of the outstanding equity interests of Raceworks LLC or (ii) the sale of all or substantially all the assets of Raceworks, including any assignment of this Agreement. 49. Licensee's Release From Agreement In the event that Licensee desires to relocate. discontinue or move the Race Events from the Downtown Miami site at Bayfront Park, then Licensee shall pay the City a fee ("RDM Fee") in an amount equal to: the aggregate costs to the City and/or the Trust including any in-kind services (e.g. the value of the storage of Licensee's equipment) any unpaid costs of the 02w-1066 improvements and modifications to the Race Course. and any other cost to the City or the Trust for Raccworks Events. that the Licensee has not paid or reimbursed the City or Trust for (collectively "the City Costs" or individually, on a per year basis. "Annual City Costs"). plus seven and one-half percent (7 '/z %) interest per year of the Annual Cit% Costs; plus any outstanding Fees, payments or amounts that are due and owing to the City or the Trust. After payment by Licensee of the RDM Fee, the City and Trust shall release and hold harmless Licensee from any and all claims that the City and Trust have under this Agreement. If Licensee fails to pay the total amount, then Licensee shall be deemed in material breach of this Agreement. In the event that Licensee desires to relocate, discontinue or move the Race Events from the City limits, Licensee agrees not to use the name "Miami" or any other reference to the City or the Trust in the name of Licensee's subsequent race events. 50. . Notices All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by hand, telecopy, or registered mail addressed to the other party at the address indicated herein. Such notice shall be deemed given on the day on which hand delivered; faxed or, if by mail. on the fifth day after being posted or the date of actual receipt, whichever is earlier. If to City of Miami: City Manager City of Miami 444 SW 2°d Avenue 10d' Floor Miami, Florida 33233-0708 If to the Trust: Executive Director Bayfront Management Trust 301 North Biscayne Boulevard Miami, Florida 33132 With a copy to: City Attorney City of Miami 444 SW 2°d Avenue 27 02.1066 Suite 945 Miami. Florida 33233-0708 If to Licensee: Mr. Peter J. Yanowitch President Raceworks. LLC 800 Brickell Avenue Suite 550 Miami, Florida 33131 If to the United States of America Michelle A. Wolfe: Attorney Advisor U.S. Army Corps of Engineers Real Estate Division P.O. Box 4970 Jacksonville, Florida 32232-0019 51. Waiver Any waiver by either party or any breach by either parry of any one or more of the covenanm conditions or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement, nor shall any failure on the part of the City or Trust to require or exact full and complete compliance by Licensee with any of the covenants, conditions or provisions of this Agreement be construed as in any manner changing the terms hereof to prevent the City or Trust from enforcing in full the provisions hereto, nor shall the teens of this Agreement be changed or altered in any manner whatsoever other than by written agreement of the City and Trust and Licensee. 52. Force Maieure and Impossibility The parties shall be excused from performance of any obligation hereunder when such performance has been delayed, hindered and prevented by any cause or causes beyond the parties reasonable control, including impossibility of performance, which shall include but not be limited to. any act of goverment or governmental agency, labor disputes, riots, civil commotion or insurrection, war or war -like operations, invasion, rebellion, military or usurped power, sabotage, the acts of superior governmental authorities, fires or other casualties, natural disasters, hurricanes. or acts of God or sudden failure of subsurface structures. Should force majeure cause the Race Events or cause the use of the Race Course or Race Perimeter to be suspended and it prevents or makes it impossible for the Licensee from conducting or promoting at least one race during any given year, then the term of this Agreement shall be extended for a one year period 28 for each year lost as a result of force majeure or such impossibility. However. if the force majeure or impossible circumstance is permanent and incapable of being cured. then either part,. may terminate this Agreement by giving the other party thirty (30) days written notice of such termination. 53. Failure to Obtain National or International Sanctioned Event. Five business days before the Use Period. Licensee shall present to the City Manager and the Trust proof that it has an agreement with a national or international sanctioning organization. Licensee has obtained a letter of initial commitment from the American Le Mans Series to promote a Race Event in Miami. The letter is attached hereto as Exhibit E and is incorporated and made a part of this Agreement. In the event that the Licensee is unable to obtain agreements from a national or international sanctioning organization for a Race Event or there is the cancellation of such agreement with a national or international sanctioning organization, then Licensee shall be in default. The default shall be cured upon Licensee demonstrating that it has obtained an agreement with a national or international sanctioning organization. During the time of default, .in the City Manager's sole discretion and with the City Manager's written approval, the Licensee may stage an unsanctioned race event. The City Manager may, at his'sole discretion. impose additional conditions upon Licensee to mitigate the effect of having an unsanctioned race event. However. the staging of an unsanctioned race event is not a cure for the default. In no event shall Licensee stage a combination of more than two (2) sanctioned Race Events or unsanctioned race events per year. 54. Default and Termination Except as otherwise specifically provided hereunder, if at any time during the term of this Agreement. or any extension thereof, should any party be in default of any term, provision or covenant of this Agreement, and shall fail to take affirmative steps to remedy such default within thirty (30) days after written notice from the other party, then, if such default is not cured within nine (9) months, the non -defaulting party may, at its option, terminate this Agreement by giving the defaulting party written notice of its election to terminate this Agreement at least fifteen (15) days prior to said date of termination. 55. Permanent Improvements Upon the expiration or termination of this Agreement or any extension thereof, the improvements. devices and facilities constructed by Licensee, which are permanently affixed to public property or which shall create a hazardous condition by their removal, shall, at the City's 29 02-10 election. become the property of the Cite or. where applicable. the Trust: without compensatior. therefore. 56. Restoration of Public Property At the end of each Use Period and upon the termination of this Agreement or an,. extension thereof. Licensee shall restore Public Property. personal property and fixtures of the City or the Trust to the same condition in which the Public Property was before the Licensee used the Public Property, except for normal wear and tear or any destruction of the Public Property as a result of force majeure so that Public Property is suitable for its normal use. Attached hereto as Exhibit F. is Licensee's Mitigation Plan, which is hereby incorporated as part of the Agreement and attached hereto as Exhibit G. is Licensee's Existing Tree Disposition Plan. which is also hereby incorporated as part of the Agreement. This obligation of the Licensee does not apply to restoring the condition of Public Property to the condition that it was in prior to the construction of the Improvements delineated in Paragraph 12 and it does not apply to the condition that the Public Property was in prior to the maintenance of the Race Course that is delineated in Paragraph 13. With exception of the foregoing, Licensee shall repair any damaged caused to Public Property, personal property or fixtures of the City and Trust as a result of a Raceworks Event and shall restore Public Property to the same condition that is was in before the respective Raceworks Event occurred. In the event of termination of this Agreement or any extension thereof. or upon the expiration of the term of this Agreement, or any extension thereof. Licensee shall promptly. remove all personal, property, fixtures and equipment from the Public Property. In the event Licensee fails to remove its personal property, equipment and fixtures from the Public Property within a sixty (60) day period, said property shall be .deemed abandoned and thereupon shall become the sole personal property of the City and Trust. The City and Trust. their sole discretion and without liability, shall remove the same and the Licensee shall reimburse the City and Trust for all reasonable expenses associated with such removal and disposal. 57. Compliance with Environmental Laws Licensee represents and warrants that during the term of this Agreement, or any extension thereof. it will not use or employ the Public Property, or any other City owned property, to handle, transport. store or dispose of any Hazardous Materials and that it will not conduct any activity on Public Property or City owned property in violation of any applicable environmental laws. Notwithstanding the foregoing, Licensee may handle, transport, store or dispose of Hazardous Materials as necessary for Licensee's Race Events on Public Property as long as such handling, transportation, storage and disposal is performed in strict compliance with all applicable laws and regulations. Licensee hereby indemnifies and holds harmless the City and 30 02-1066 the Trust and their respective officers. employees and agents. from and against all actions and liabilities relating to the Licensees handling. transportation. storage and disposal of Hazardous Materials on or about the Public Property or City owned property. 58. Invaliditv. In the event that any non -material provision of this Agreement shall be held to be invalid for anv reason. such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 59. Time of Essence. It is expressly agreed by the parties hereto.that time is of the essence with respect to this Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day of said period or the date of performance shall be extended to the next business day thereafter. 60. No Interaretation Against Draftsmen The parties agree that no provision of this Agreement shall be construed against any particular party and each party shall be deemed to have drafted this Agreement. 61. Further Acts In addition to the acts and deeds recited herein and contemplated to be performed. executed and/or delivered by the parties, the parties each agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as may be necessary to consummate the transactions contemplated hereby. 62. Litigation Any dispute herein shall be resolved in the courts of Dade County, Florida. The parties shall attempt to mediate any dispute without litigation. However, this is not intended to establish mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief. 63. Successors and Assigns This Agreement shall be binding upon the parties, and their successors and assigns as permitted herein. 31 02-1066 64. Third Partv Beneficiary This Agreement is solely for the benefit of the parties hereto and no third parte shall be entitled to claim or enforce any rights hereunder except the united States Army Corps of Engineers. 65. No Partnership Nothing contained herein shall make, or be construed to make any part a principal. agent, partner or joint venturer of the other. 66. Amendments No alterations, amendments or modifications hereof shall be valid unless executed by an instrument in writing by the parties with the same formality as this Agreement. Neither this Agreement, nor any tern hereof, can be changed, modified, or abandoned. in whole or in part. except by instrument in writing, and no subsequent oral agreement shall have any validity whatsoever. 67. Miscellaneous Title and paragraph headings are for convenient reference and are not a part of this Agreement. 68. Entire Agreement This Agreement and represents the entire understanding between the parties hereto as to the subject matter hereof. and supersedes all prior written oral negotiations, representations, warranties, statements or agreements between the parties hereto as to the same. There are no promises, terms and conditions, or obligations other than those contained herein, and no party has relied upon the statements or promises of the representatives of any party hereto. 69. Authority. Each of the parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf. 32 02-1066 70. Approval By Emergency Financial Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result. contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this contract by the City Manager shall constitute evidence of its approval by the Oversight Board. 71. Approval By the United States Armv Corps of Engineers The United States of America, U.S. Army Corps of Engineers owns a portion of the Park and has leased that portion to the City under a lease agreement dated August 16. 1990 ("Corps Lease"). This Agreement is subject to the conditions of the Corps Lease and shall not be binding until the City receives written approval of this Agreement from the United States Army Corps of Engineers. In the event that the United States Army Corps of Engineers does not grant its approval of this Agreement the parties will endeavor to locate another site for the Race Course and Race Perimeter. However, if the parties are not able to agree upon the location and terms of the agreement then this Agreement shall be terminated upon thirty (30) days notice to the other parties to this Agreement. (over) 33 02-1061 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be duh executed and delivered by their respective officers and hereunto duly authorized as of the date first above written. ATTEST: Delaware J B, v: Peter J. anowitch. ATTEST: Ater Foeman City Clerk WITNESS/ATTEST APPROVED AS TO INSURANCE =ta, Mario Soldevilla, Risk Management Administrator a CITY OF MIAMI. a municipal corporation of the State of Florida E try Manager BAYFRONT PARK MANAGEMENT TRUST. a limited agency and mstrument$iity of the -City of Mi Jay Consfantz, Executive Director 34 02-1000 Exhibit A (Public Property) 02-10616 p IEGENO RAU LOUIE[ IA.OUI 1154 l.M 1 SI �.� AI AMA OAOOOCK AlfA wt I'to" Its is, IACH &Allllf N WAI I )l. MCHNI WAIT . MIIAf ItNIIIA:! jar— Mir _ 61SCAVetvo 1N ; N E 3rd AVE - �- ---- j --, Uj Y C ISE AAVEMI U - r w In In g Z uI --- >- to Iu w w — -- U = L z- _ - In -= m DQE �- _Q _ IDI - - - N E 2nd AVE I i. o IDQ 700 AOo 100 American Le Mans Series Course - Public Property ;kv+lenrwgJl101.......a „ ... .......... ... .. . 1� . IQO o, r. 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Ifs as A o o /rf 10101011 or AMAG i0 M 1100 4 A C-3 AREA I Location A: • Drainage survey must be obtained, catch basin must be capped and valley gutter to be removed. • Regrade intersection and low points will be along existing curb inlets • Front portion of traffic island to be removed and asphalted if this area is to be made wider. Location B: • Concrete curb and sidewalk areas may have to be cut-back due to narrow width of this area. • Large tree in this area must be maintained — this is a critical area for track width. Location C: • Entire traffic curb island to be removed, reconstruct curb and gutter and asphalt entire area. • Width of track in this area critical as well at this location. Location D: • Barrier wall placement will delineate track. • Replace valley gutter and regrade outside lase to curb and gutter. Place drainage inlet at low point and connect to existing box. Location E: • Possible milling and resurfacing due to manhole top lip above existing ground. Location F: • Area must be regraded and low point relocated due to severe grade change between areas. • Decision on either clipping planter or flag stand 02-1066 AREA H Location G: • Existing width is 34' (concrete surface) but may be widened to the east Location H: • 1 light pole, 1 tree, 1 concrete bench and concrete trash container must be removed or relocated. • Turn into fountain must be prepared by laying base and concrete in one corner. • Must remove surface of fountain waDcway and pave with appropriate surface (concrete). Location I: • New area of concrete to be placed / Widen road surface. • Light pole relocation necessary. AREA III Location J: • Remove trees and shrubs and traffic island and repave entire area. • Transition area from concrete to asphalt and parking lot. • Concrete traffic curb "fingers" to be removed and paved over. Location K. • Remove curb and pavers from island and tip of north comer — Island area to be removed as well — Pave and stripe out area. • Relocate sign in island. AREA Iv Location L: • Mill and repave private padang lot • Provide transitions to Biscayne Boulevard. • Adjust / protect utility covers at Biscayne Blvd. AREA V Location M: • Alt. 2 concept — this area must be verified firther due to possible utility issues under metromover. • Area under metromover must be removed and paved. • Mast arm relocation is necessary — base and permitting. AREA VI Location.N (Pit -out): • Removal of concrete curb and gutter, pavers and tree grates. • Relocate 3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location O: • Removal of concrete curb and gutter, pavers and tree grate. • Remove canopy. • Adjust manhole top. Utility owner to be determined. • Relocate 1 tree (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location P: • Removal of concrete curb and gutter, pavers and tree grates. • Relocate "Juan Pablo Duarte" Monument to center of traffic island. • - Adjust manhole top. Utility owner to be determined • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location Q: • Removal of concrete curb and gutter, pavers and tree grate. • Relocate 1 tree (location to be determined). • Once area is cleared, -lay down limerock base, compact and asphalt. • May require removal of island nose nearest to NB Biscayne Boulevard if pit - out location is placed here. Location R: • Removal of concrete curb and gutter, pavers and tree grafes. • Adjust manhole top. Utility owner to be determined. • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location S: (Pit in) • Removal of concrete curb and gutter, pavers and tree grate. • Adjust gas main valve location. • East curb may have to be removed if pit -out is located at this location. • Relocate I tree. (Location to be determined.) • Once area is cleared, lay down limerock base, compact and asphalt. 02-1066 Exhibit E (Commitment letter from American LeMans Series) 02-x1060 SCOTT ATNERTON "CS :7: lrr AND coo a4o,+ July 3, 2001 VIA FACSIMME 1.305-374-7444 Mr. Peter Yanowitch Yanowitch Law Center 900 Brickell Avenue, Suite 550 Viiami, FL 33131 Dear Mr. Yanow itch: As a result of our lengthy negotiations. I am pleased to inform you that the American Le grans Series is now ready to confirm a 2002 event in Miami. FL Please consider this letter as a good faith indication of our commitment to confirm a forinal sanction agreement contingent upon the :ity of %Ajami executing an agreement with Raceworks. Inc. Obviously Liere are many details that remain to be conf=ed. however we look forward to woricing With you and your team to fortnalize this agreement in the gear future. If you have any Questions regarding this document, please do not hesitate to call me directly. Sincerely, S Alclh Don Pancz Dennis Huth t :JG iioAsrfw+� overre Ae�ee� *rvy P.♦ :hCf7 a.rrwa7AG�=isAOs1 ew�•'7ATl4n 7n�p .Itzhibit 2 02-1066 Exhibit F (Mitigation Plan) 02-1066 Raceworks, LLC American Lemans Series Course: Site impact Assessment and Mitigation Plan The existing site for the proposed racecourse includes portions of Biscayne Boulevard, the service road for Bayside Marketplace, the waterfront promenade in Bayfront Park and Chopin Plaza between Bayfront Paris and the intercontinental Hotel. The racecourse has been designed specifically to utilize the existing roadways in all of these areas as well as the parking lot area between northbound and southbound Biscayne Boulevard. The racecourse will have minimal impacts to each of these sites and we have carefully analyzed the details of these impacts as part of the planning process. We have determined that there will be four areas of impact: those include vegetation, landmarks, infrastructure and post race restoration of the site. 1. Vegetation The racecourse begins on Biscayne Boulevard and continues south to a private parking lot traveling past Chopin Plaza weaving through Bayfront Park and passing by Bayside Marketplace. Through careful planning and configuration of the racecourse the impacts are minimal to the existing vegetation in the site. All of the trees or palms that are impacted by the racecourse will be transplanted within Bayfront Paris. • Biscayne Boulevard- 200 existing trees ano palms only 21 will be impact95 by the racecourse. • Chopin Plaza — 8 palms will be impacted by the racecourse. • Bayfront Park- 500 existing trees and palms less than 1% or a total of 5 palms will be impacted by the racecourse. • Bayside Marketplace- 100 existing trees and palms along the side of Bayside Marketplace only 2% or a total of 2 trees will be impacted by the racecourse. We have provided a detailed tree disposition plan. plant list and site photos that include the botanical name. common name, height. spread. canopy and trunk diameter at breast height for each treetpaim impacted as part of this submittal. Detailed plans of the proposed relocation site for the vegetation will be provided to the City of Miami Paries and Recmation Department for approval prior to installation. ff for any reason any of the trees or palms do not survive the transplanting process they will be replaced on a 2:1 basis with the same species and same size tree/patm. ff for any mason the same sae tree/palm is not available in the commercial market they will be replaced with the same species in a smaller sae on a 3:1 basis. Shrubs will be replaced with new three gallon plant material and groundcover will be replaced with one gallon plant material. EXHIBIT P 02--1066 Tree Transplanting Process - All of the trees proposed for transplanting will be relocated under the supervision of a certified arborist according to standaros established by the American Society of Consulting Arbonsts. This will include root pruning a weeks prior to transplanting to establish proper root growth. These trees will also have some canopy pruning during this time to prepare them for the transplanting process. Any trees that are not currently watered with an irrigation system will be hand watered with a water truck during the root pruning process. The trees will be relocated to a new location within Bayfront Park utilizing heavy equipment -Any damage to the park site or irrigation system during the transplanting process will be repaired as part of this process. ff necessary the emsting irrigation within Bayfront Park will be expanded to provide adequate irrigation for the transplants. All trees will be braced to prevent any injury to the trees and the public due to the strong winds from Biscayne Bay. Transplanted Um will be monitored on a monthly basis for a period of one year to assess the condition. Any trees that do not survive the transplanting process will be replaced at the and of one year. Palm Transplanting Process All of the palms proposed for transplanting will be relocated under the supervision of a certified arborist according to the standards established by the American Society of Consulting Arbon=. The palms do not require root pruning and can be relocated prior to the trees. The palms will be relocated to a new location within Bayfront Paris uWizing heavy equipment Any damage to the park site or the existing irrigation system during the transplanting process will . be repaired as part of this process. tf necessary the existing irrigation within Bayfront Park will be expanded to provide adequate irrigation for the transplanted palms. All palms will be braced to prevent any injury to the palms and the public due to the strong winds from Biscayne Bay. Transplanted palms will be monitored on a monthly basis for a period of one year to assess the condition. Any palms that do not survive the transplanting process will be replaced at the end of one year. 2. Landmarks Bayfront Park • The large fountain by the waterfront in Bayfront Park will not be impacted by the location of the rause. Structural barriers will be plaoed in front of the existing fencing during races to avoid any potential impacts to this landmark. • The Claude Pepper statue on axis with the fountain will not need to be relocated. The walkways parallel to the bay are fined with conaretrt benehes that wW be temporarily removed and replaced it mediately after the event 02-1006 Biscayne Boulevard - • There are two existing small sculptures that will be relocateC wrtn the cny s permission. Bayside Marketplace There are three existing flagpoles by the Casino Pnncessa docking station that will be upgraded to removable poles that will facilitate relocating during each race. There are also five decorative concrete planters adjacent to the flagpoles that will be relocated during races. Both the flagpoles and the planters will be replaced in their original position after each rax. Directly south of this ktcation there are six concrete planters that will also need to be relocated. 3. infrastructure The racecourse has been planned to minimally impact the city stmetscape and infrastructure. The course utilize s the existing roadways in all locations of the site and therefore does not require the construe of any new roadbeds. With regard to the specific stmetscape components within this area, the racecourse has no impacts to the Metro Mover structure and no impacts on pedestrian access to the Metro Mover other than during race day. The surface parking areas located between northbound and southbound Biscayne Boulevard are not impacted by the racecourse. 4. Post Race Site Restoration After all race events the site will be restored to the pre -race conditions. The restoration techniques will include: • All fire and skid marks from vehicles will be removed from sidewalks and roads with a combination of pressure cleaning and envi --- taNy acceptable solvents. • All event debris and trash will be containerized and removed from the site. • All temporary site furniture such as bleachers, trash receptacles. portable restrooms. temporary fencing, traffic bollards and safety barriers will be renoved from the site. • All turf areas that are damaged by race vehicles. pedestrian traffic. or service vehicles will be resodded. • AN ground cover or shrubs that are damaged by race vehicles, pedestrian traffic, or service vehicles will be replaced. • Any damage to signage, fighting or utilities wiu be repaired. Exhibit G (Tree Disposition Plan) ! I LEGEND M YAOPOSEO COUASS tAIOUT II I I N� • 1 1\ 11 I . � �r. N.�• r 11 �.4 1 I 1 \HI I\I \I'1 Jw¢ uv 111 !INTI 111 ! / `\ \AI I 1 141KK tz MS1YRt0 • AJAS� A �AAtIrAn•Mp c �- Iiir �.. AI�MCAM ltiMlMll<+ M1M� COQIN 411+lur smTMw TM W RM 0 PLM a O 00 � o. It J" w' -o G v K �p u II I I N� • 1 1\ 11 I . � �r. N.�• r 11 �.4 1 I 1 \HI I\I \I'1 Jw¢ uv 111 !INTI 111 ! / `\ \AI I 1 141KK tz MS1YRt0 • AJAS� A �AAtIrAn•Mp c �- Iiir �.. AI�MCAM ltiMlMll<+ M1M� COQIN 411+lur smTMw TM W RM 0 PLM OTRANSPLANT (S) COCONUT PALMS RELOCATE LIGHTS IA, 18, IC, 10 do IE OTRANSPLANT (3) SABAL PALMS do REMOVE MISC SHRUBS 3A, 38 IN 3C ..11 ... I...► 1 ` 1 �NI1�� �I'1 Jar �riu� ��xU lu `uu• ��1 1 1 I11��'� OTRANSPLANT (5) SABAL PALMS do REMOVE MISC. SHRUBS 2A, 28, 2C, 20 & 2E OTRANSPLANT (7) THATCH PALMS (SOUTH SIDE) RELOCATE STREET LIGHT POLE do CROSSWALK SIGN 4A, 48, 4C, 4D, 4E, V do 4G MAt/ll0•AJIMA � �A�f1�A�•NO •x+ol rr 1U ...0.. ten» MMfA110M 1 "`M•2 CIO © TRANSPLANT (2) PIGEON PLUM TREES do (1) PINK TRUMPET TREE (NORTH ENO) FOR EXIT OUT OF PIT AREA 5A, 5B k 5C 70 TRANSPLANT (2) SILVER BUTTONWOOD TREES, (2) PINK TRUMPET TREES do (1) PIGEON PLUM TREE (NORTH ENO) REMOVE (1) STUMP (SOUTH ENO) 7A, 70, 7C, 70, 7E & 7F I I1•I,11%11 1"', ,I,,,,, I,.u11 11 \NII%I \I'1'kv 11,1111 211411 111 IM 12 \\I 11111'1'1 OTRANSPLANT (1) PINK TRUMPET TREE (SOUTH ENO) do (4) PINK TRUMPET TREES (NORTH ENO) 6A, 68, 6C, 60 k 6E OTRANSPLANT (1) PINK TRUMPET TREE (SOUTH ENO) FOR WIDER ENTRANCE TO PIT AREA 8A F. I MMI/Ll0•A�Mt • IAM/MA�•MIO ls'ir r. 0 Aw *A tom" W Paw . 1..,. 1.0 ftw� 1..... eftfm "NIATI M M-3 OTRANSPLANT (2) GUMBO LIMBO TREES do REMOVE MISC. SHRUBS 9A do 98 ii RELOCATE (3) FLAG POLES. (S) PLANTERS do (2) PAYPHONES �I I I'.�.i I\ II Io. .. 11 ,.. I,.ol l 11 \NN�I 11'I dac a'I u':IMII IU I/ut .\AI I I III'I•� 10 REMOVE PLANTER k SHRUBS (PHILODENDRON SELLOUM) 1Z RELOCATE (6) ARECA PALMS & PLANTERS 12A• 128. 12C, 120. 12E & 12F C.0 A�w umum @me oar _ .,.•. V PAW w. • wry W 1o@ am* R nirr� MMT�f10N M-4 ha�L::. . lag 14 IO iblwwor Now Co1ot n1I�N. — Caw .u[In. C." it., (01) �� *.W �olNl) )oItl) .0 fell CMS [MMM lINII C«MYA /Mn 1' p' 1S' Ill GN W..wsw C«Mr1 IM. 1' J0 IS' Ill' GMI Grlylrll IC Caw I.w:M. CK&lW lloo. 1' 10' IS' 1))' G.1( bM1yIMM 10 Caw .u[IM. 1 JA J 1!'' Cocos .YtIM. Sor.l p6MIN ,SMM'1•MwIN CKMII III•• 1' J0' 1!' Ill• c.w k«1f1r.1 Sorol Ao. s.r.r AIII iY 2p 10' »' 1A.1 fI• 1p' 10' „' a.•,ww x sdd /MnI1N S.r.l Lrn il' JO• 10' »' G•U 1fMnrM.1 1p S.o.lSoW Ab It. M• Nr/ f Son p1. S11hw il' O • M S.M1 /•Mrlt. Sorel Aon il'kMlgor� IS' 10• »' Gn1 MM+yMM is S.MI /.Mltll. S.rd Aft Il'1!' 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RESOLUTION wHE SAS, Raeeworkc LLC desires to enter into an agreement with the City Of Miami for the licrosiag of motor spores race event, and WHEREAS, the Members of the Limited Liability Company have considered the matter m accordance with the operating agreement of the Limited Liability Company, NOW 'E'AEREFORE, BE IT RESOLVED BY THE MEMBERS that Peter Yanowitch, Manager of Raceworks LLC is hereby audwrized and instructed to enter into a contract, in the name and on behalf of Raceworks LLC, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached Dated this r- day of �—,, 2001. (CORPORATE SEAL) 02-1066 AMENDMENT NO. I TO REVOCABLE LICENSE AGREEMENT THIS AMENDMENT (hereinafter referred to as "Amendment") to the Revocable License Agreement (hereinafter referred to as "Agreement") made as of this /) day of -. <<•7. ' , 200i,,;f-by and between Raceworks, LLC, a limited liability corporation organized and existing under the laws of the State of Delaware and licensed as a foreign corporation in the State of Florida (hereinafter referred to as "Licensee''). the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and Bayfront Park Management Trust. a limited agency and instrumentality of the City of Miami (hereinafter referred to as "Trust"). WITNESSETH: On October 23, 2001, the parties hereto entered into the Agreement for Licensee to promote and stage Raceworks Events on Public Property. The City, Trust and Licensee desire to amend the Agreement so that the Licensee shall have the responsibility for making the Initial Improvements, to provide for additional improvements, modify the Mitigation Plan and modify the Tree Disposition Plan. In consideration of ten dollars ($10.00) paid by Licensee to City and Trust and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Amendment to Agreement. The Agreement is hereby amended in the following respects: A. Provision 12 entitled "Initial Improvements to the Race Course" is amended to authorize the Licensee to be the party responsible to make the necessary Initial Improvements to the Public Property. This provision is hereby amended by deleting it in its entirety and inserting the following in lieu thereof "Licensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property that is depicted as Exhibit D, attached hereto and incorporated as part of this Agreement, subject to obtaining approvals from the applicable government entities, the Licensee will make the necessary Initial Improvements to the Public Property. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Payment for the costs of the Initial Improvements shall be made in accordance with Paragraph 13 below, entitled "Payments for the Costs of Initial Improvements." Some of the Initial Improvements may require approval by the Army Corps of Engineers, State of Florida Department of Transportation, Miami -Dade County, the Water and Sewer Authority, other federal, state and local government agencies, and any other entity which has the right to permit or provide approval for access to Public 02--1.066 Property. The City makes no representation to the Licensee concerning such approval. The Licensee shall take the steps necessary to obtain the requisite -_-approval and/or permits to make said Initial Improvements. The Licensee will make Initial Improvements on a timely basis so as to facilitate the timely promotion and staging of the initial Race Event that is scheduled April 5-7, 2002, subject to the force majeure provisions contained herein. In the event that additional design and construction is required, the parties will cooperate in good faith to complete such design and construction, respectively, on an expedited basis so as to facilitate the initial Race Event to be conducted as scheduled. - B. Provision 13 entitled "Pavment of the Costs of the Initial Improvements" is amended to reflect that at the time of this Amendment, it is the Licensee's intent to do the Initial Improvements. This provision is hereby amended by deleting the provision in its entirety and inserting the following in lieu thereof: "Licensee shall pay for the Initial Improvements, which shall be constructed by the Licensee in phases ("Phases") to be determined by the Licensee in its sole discretion. Prior to the commencement of the Initial Improvements, Licensee shall execute, deliver to the City Manager, or designee, and record in the public records of Miami -Dade County, a payment and performance bond with a surety insurer authorized to do business in this state as surety. The bond, which shall be in the full amount of the costs of each phase of the Initial Improvements, must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity, if any; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons who furnish labor, services, or materials for the prosecution of the work provided for in the contract. The Licensee shall provide the City Manager, or designee, with a copy of its agreement with its contractor. No claim against the bond or action against the contractor shall involve the City or Trust in any expense. The requirements of this paragraph shall be in compliance with the provisions of Fla. Stat. § 255.05 (2001). " C. In addition, the following language is inserted as provision 13.5: 13.5- Mechanics' Liens. The Licensee shall not knowingly suffer or permit any mechanics liens to be filed against the title to the Public Property by reason of work, labor, services or materials supplied to the Licensee or anyone having a right to possession of the Public Property as a result of an agreement with or without the consent of the Licensee. Nothing in this Agreement shall be construed as constituting the consent or request of the City or the Trust, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials, for any specific work on the Public Property nor as giving the OA 62-1066 Licensee the right, power or City or the Trust to contract for or pernir-the rendering of any services or the furnishing of any materials that would give rise to -:The filing of any mechanics liens against the City or the Trust's interest in the Public Property if any mechanics lien shall at any time be filed against the Public Property, the Licensee shall cause it to be discharged of record within thirty (30) days after the date that it has notice of its filing. The Licensee shall not be required to pay or discharge any mechanics' lien within the thirty (30) day period, so long as the Licensee shall in good faith proceed to contest the lien by appropriate proceedings. It shall furnish reasonably satisfactory evidence that funds are or will be available to pay the amount of the contested lien claim with all interest on it and costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. If Licensee does not 1) cause a mechanics lien to be discharged of record within thirty (30) days after the date the Licensee has notice of the filing of a lien or 2) Licensee does not in good faith proceed to contest the lien by appropriate proceedings within the thirty (30) day period, then Licensee shall be in default of the Agreement." D. Provision 18 entitled "Licenses. Authorizations and Permits" is amended by deleting in its entirety the first sentence of the second paragraph and inserting the following language in lieu thereof- "The hereof "The Licensee shall obtain licenses, authorizations and permits from the applicable county, state and federal agencies for Initial or Subsequent Improvements, modifications and maintenance that it shall perform on the Public Property. Licensee shall pay for such costs. Additionally, Licensee shall obtain, or cause to be obtained, and maintain in full force and effect throughout the term of this Agreement or any extension thereof, at its sole expense, all other licenses, authorizations and permits that are necessary for Licensee to conduct the Raceworks Events." In addition, the remaining language after the first sentence in the second paragraph is turned into anew paragraph in this provision. E. Provision 23 entitled "Risk of Loss" is amended by deleting the first sentence in its entirety and inserting the following in lieu thereof: "Licensee agrees that neither the City nor the Trust shall be liable for any loss, injury or damage to any personal property or equipment brought into the Race Perimeter by Licensee or anyone whomsoever while making Initial or Subsequent Improvements or during Use Period." F. Provision 34 entitled "Compliance With Laws" is amended by deleting the first sentence in its entirety and inserting the following in lieu thereof: "Licensee and/or its authorized agents agree to comply with applicable laws, codes (including, but not limited to, the South Florida Building Code as it may be amended), ordinances and regulations enacted or promulgated by federal, state, county, and City government including the provisions of the Charter and Code of the City. 3 02-1066 0 G. Provision 38 entitled "Insurance" is amended by deleting it in its. -entirety and the following language is inserted in lieu thereof: "For Raceworks Events, Licensee shall obtain a policy of public liability and property damage insurance, in a form acceptable to the City's Risk Management Administrator, protecting the City and the Trust, and their officers and employees. against any and all liability due to the death, injury, loss or damage to persons or property arising out of� or in any way incident to Licensee's operations during the Raceworks Events. Licensee agrees to provide such liability policy in comprehensive form, including pollution liability coverage and products and completed operations coverage, in a form acceptable to the City's Risk Management Administrator, in the amount of not less than $20 million dollars combined single limits for bodily injury and property damage and Workers Compensation insurance for its employees and contractors performing any work during Raceworks Events. The City and Trust shall be named insureds under these policies and name AT&T, or any other subsequent sponsor(s) of the Park, and the united States Army Corps of Engineers as additional insureds. For all other times of the Use Period, Licensee shall obtain a policy of public liability and property damage insurance, in a form acceptable to the City's Risk Management Administrator, protecting the City and the Trust, and their officers and employees, against any and all liability due to the death, injury, loss or damage to persons or property arising out of, or in any way incident to Licensee's operations during all other times of the Use Period. Licensee agrees to provide a liability policy in comprehensive form, including pollution liability coverage products and completed operations coverage, in a form acceptable to the City's Risk Management Administrator with combined single limits for bodily injury and property damage and Workers Compensation insurance for its employees and contractors performing any work during this period. The City and Trust shall be named insureds under these policies and name AT&T, or any other subsequent sponsor(s) of the Park, and the United States Army Corps of Engineers as additional insureds. The limits of such coverage shall be an amount acceptable to the Risk Management Administrator, within his/her reasonable discretion. For any Initial or Subsequent Improvements made by the Licensee, Licensee agrees to provide evidence of the General Contractor's general liability and Workers Compensation insurance with combined single limits for bodily injury and property damage. The limits of such coverage shall be an amount acceptable to the Risk Management Administrator, within his/her reasonable discretion. The City, Trust and the United States Army Corps of Engineers shall be named as additional insureds of the policies." H. Provision 39 entitled "Risk Review" is amended by deleting it in its entirety and the following language is inserted in lieu thereof- "A hereof "A copy of the certificates of insurance covering any Initial or Subsequent Improvements made by the Licensee shall be filed with the City's Risk Management 4 02-1066 Division not less than five (5) business days prior to the Licensee commencing anv Initial or Subsequent Improvements. Within thirty (30) days thereafter, Licensee shall submit to the City's Risk Management Administrator copies of the policies described in this paragraph for his/her approval, which shall not be unreasonably withheld. A copy of the insurance policies evidencing coverage for Raceworks Events and other insurance required during a Use Period shall be filed with the City's Risk Management Division not less than thirty (30) days prior to the commencement of any Use Period. All policies required under this agreement shall provide that such insurance coverage will not be cancelled or modified without at least thirty (30) days prior written notice to the City or Trust. At least thirty (30) days prior to the expiration of any such policy a renewal policy showing that such insurance coverage has been renewed shall be filed with the City's Risk Management Division, attention to the Risk Administrator, 444 SW 2nd Avenue, 9" Floor, Miami, FL 33130. The City reserves the right to periodically review the sufficiency of any insurance policy required under this agreement and to request Licensee to change the insurance coverage of any such policy. Licensee shall, upon receipt of such request, increase the limits of such insurance to any amount reasonably satisfactory to City. Any such additional amount of coverage shall be commensurate with other events of this nature and shall in no event exceed S25 million in coverage or cause Licensee more than ten percent of additional insurance premium charges in any two-year period." I. Provision 56 entitled "Restoration of Public Propertv" is amended by substituting the number 13 with the number 14 at the end of the next to last sentence in the first paragraph. J. Exhibit "D" (Modifications) is amended by deleting the course layout labeled "C- 1" at the bottom right hand corner and supplementing it with Exhibit "1," the new course layout attached hereto and incorporated as part of the Agreement. The last page of Exhibit "D" is supplemented with Exhibit "2." the Engineering Narrative Supplement, attached hereto and incorporated as part of the Agreement as Exhibit "2." K. Exhibit "F" (Mitigation Plan) is amended by deleting the first page of the Site Impact Assessment and Mitigation Plan and inserting a new first page as Exhibit "3." attached hereto and incorporated as part of the Agreement. It describes the relocation of sixteen (16) additional trees within Bayfront Park along Biscayne Boulevard. L. Exhibit "G" (Tree Disposition Plan) is amended by deleting two pages labeled M- 1 and M-5 in the bottom right hand corner and inserting Exhibit "4," which consists of two new M-1 and M-5 pages and adds two additional pages labeled M-6 and M-7 thereafter, attached hereto and incorporated as part of the Agreement as a composite Exhibit "4." These exhibits describe the relocation of sixteen (16) additional trees within Bayfront Park along Biscayne Boulevard. 5 02-1®66 F. 2. Effect of this Amendment. All remaining terms of the_Agreement. not specifically amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective officers and hereunto duly authorized as of the date first above written. ATTEST: grin arre ATTEST: Walter Foeman City Clerk CITY OF MIAMI, a municipal corporation of the State rw CaAhs enez City Manage'' WITNESS BAYFRONT PARK MANAGEMENT TRUST, 'ted agency and in en ity of the City�f M� /I /7 �/ 1, APPROVED AS TO INSURANCE REQ Mario Soldevilla Risk Management Administrator 7xecu nStantze Director - APPROVED AS T6 FORM AND CORRECTNESS" A*andro Vftarello City Attorney C - Exhibit "1" (New Course Layout) LEGEND PROPOSED COURSE LAYOUT STREETS AND AREAS TO BE CLOSED AREA 11 TRACK LENGTH • 1.04 MILES APPROX. PIT LENGTH . 0.20 MILES APPROX. etRMELLO•AJAMK 6 PARTNEIIS•INC �... I11 AMERICAN LEVANS SERBS COURSE — n. OF Rn ___ ._.._ w.. ►0 POSED COURSE LAYOUT C-1 Exhibit "2" _ (Engineering Narrative Supplement) Location R: • Removal of concrete curb and gutter, pavers and tree grates. • Adjust manhole top. Utility owner to be determined. • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location S: (Pit in) • Removal of concrete curb and gutter, pavers and tree grate. • Adjust gas main valve location. • East curb may have to be removed if pit -out is located at this location. • Relocate 1 tree. (Location to be determined.) • Once area is cleared, lay down limerock base, compact and asphalt. Location T: • Relocate 9 royal palm trees. (Location to be determined.) Location U: • Relocate 7 royal palm trees. (Location to be determined.) 02-1060 Exhibit "3" (New First Page of the Site Impact Assessment and Mitigation Plan) Raceworks, LLC American Lemans Series Course: Site Impact Assessment and Mitigation Plan The existing site for the proposed racecourse includes portions of Biscayne Boulevard, the service road for Bayside Marketplace, the waterfront promenade in Bayfront Park and Chopin Plaza between Bayfront Park and the intercontinental Hotel. The racecourse has been designed specifically to utilize the existing roadways in all of these areas as well as the parking lot area between northbound and southbound Biscayne Boulevard. The racecourse will have minimal impacts to each of these sites and we have carefully analyzed the details of these impacts as part of the planning process. We have determined that there will be four areas of impact, those include vegetation, landmarks, infrastructure and post race restoration of the site. 1. Vegetation The racecourse begins on Biscayne Boulevard and continues south to a private parking lot traveling past Chopin Plaza weaving through Bayfront Park and passing by Bayside Marketplace. Through careful planning and configuration of the racecourse the impacts are minimal to the existing vegetation in the site. All of the trees or palms that are impacted by the racecourse will be transplanted within Bayfront Park. • Biscayne Boulevard- 200 existing trees and palms only 21 will be impacted by the racecourse. " • Chopin Plaza- 8 palms will be impacted by the racecourse. • Bayfront Park- 500 existing trees and palms, approximately 4% (4.2%) or a total of 21 palms will be impacted by the racecourse. • Bayside Marketplace- 100 existing trees and palms along the side of Bayside Marketplace only 2% or a total of 2 trees will be impacted by the racecourse. We have provided a detailed tree disposition plan, plant list and site photos that include the botanical name, common name, height, spread, canopy and trunk diameter at breast height for each tree/palm impacted as part of this submittal. Detailed plans of the proposed relocation site for the vegetation will be provided to the City of Miami Parks and Recreation Department for approval prior to installation. If for any reason any of the trees or palms do not survive the transplanting process they will be replaced on a 2:1 basis with the same species and same size tree/palm. If for any reason the same size treetpalm is not available in the commercial market they will be replaced with the same species in a smaller size on a 3:1 basis. Shrubs will be replaced with new three gallon plant material and groundcover will be replaced with one gallon plant material. EXHIBIT F Revised Page 1 02-im Exhibit K4" (Tree Disposition Plan Supplement) SEANNELLO-A41AWL A, PARTNEAB-ONC MENICAN LIMAN Emits couple 11ISTINIQ TREE DISPOSITION FLA" M-1 log Iintonkol Name Cocos nucifero Common Nam ( in lee,) Iff;ghl (ha feel) spread ( in feel ) Canopy Cond.lion Slolus -_ IA _ Coconut Polm 1' -/0' - - 15' - 177' Good 6onspronl 1B IC 10 if Cocos nucifera --- Cocos nucilero -----. Cores nwifero --- Coos nocifero Coconut Palm 1' JO' 15' 15' _ 171' - 171'-- 177' 177'- Good Good Poor T -Good Iransplont Ironspknl Remove Coconut Pok" 1' --10' - Coconut Pok" Coconut Pak" I' —I' -- Jo' -J0' 15' - 15' lionsplonl 2A 29 Sobol pak"ell* Sobd .'dm .67' 67' 20' 10' - 79' -- Good lranspl*nl Sabal poknello Sobel Pok" 20' 10' 79— - Good rronspbnl 2C Sobel poknello Sabal Pok" 67 20' 10' 79' Good rionsplanl 20 Sabal Palmetto Sobol Palm 6T 70' ID' 79' -79' Good bronsphanl 2E yl J0 _-JC Sobel pak"elto s*bol Palen f.67' V, 20' IS' - 15' - to' - 10' Relocate Good Ifonsplonl soba) paknello Sabal Palm 79' Good Ironspknl Sobol poknelto-- Sobel Palen .67' .67' 10' 79' Coad fmnspranl Sabal Pokneflo Sabot Pok" 15' 6'-- - 10' d' _ - - 79' IJ' Good Good fronsplonl transplant dA It"t r*diolo Iholrh Pok" .S' - 16 Ihrifws rodiolo IhokA Pok" 5' 6' l_ IJ" Good Ironsplanl dC - ID Ihrinor roaala IhofcA Pak" .5" 6' T' IJ" Good Ironsplonl IMinat rad*lo IhokA Pok" 5' 6' 1' IJ' Good lionsplonl Q pastae rodiolo Iiwkh Palm 5' _ 6' 4' -IJ' Good Ifonsplonl Tr Ikfinor radrolo Iholrh Palen .5' 6' T' 13' Good transplant 10 IMinae rodiolo thatch Palen .5' 6' 4" IJ" Good transplant S4 Coccakbo divesifolio Pigeon Rum .5" 16' 10' 79' Good transplant SD Coccolow di esitcho Pigeon Rum .5' 10' 6' 50' Good transplant SC lobebuio helerophylb Pink Irumpel 1' 10' 6' 50' Good transplant - -- robebufo helerophy90 Pink kumpel 1' 16' 10' 79' Good rronsploid 6B 7obebiio he,erophylo Pial trumpet .75' 12' 6' 26" Good fronsplanl 6C robebuia heltraphy9a Pink frumpel 15' 12' 6' 26' C*od (ronsplard 60 robebuio htlerophylb Pink humptl 1' 16" t0' 79' Good Ironspknl 6[ labeb. Wl ophyb fink trumpet 1' 16' 10' 79' Good transplant 7A Conoco" ereclus serious Siw Wi newd .73 12' 6 26 Good transplant 70 Caacarpus erectus serkeus SMv Brlloneaod 75' 12' 6' 28' Good honsplonf 7C robebuia belerop" Pink frumpel 1' 16' l0' 79" Good Ironspknl 70 robeM o Aele'40,1110 Pink Ifumpel I. IS' 10' 79" Good Ifanspionl 11 Slump Remove If Caecobb* divesifah* Pigeon Plum .75' 12' 10' 79' Good Ironsplanl tog Mlonicol Nome Common H*m ( n feel ' ) in reel ( ) Spread m feel ( ' ) Cooney - 79' - Condition Good Slolus rionspronl M robebuio helelophy6o Pink 6unpel I' + l6' -10' -- OA 90 Owsero slmarubo Gumbo Limbo 1.5' 25' 20. J14, JId' Good transplant rransplanl Bwsera simorubo Gumbo limbo 1.5' 25' 20. Good 12A ChrysoNdocorpus futescens Areco Polm .5' 6' 5' 20' Potted Relocate 120 Chrys*6docorpus lutescens Areca Polm .5' 6' 5' 20' Polled Rekxofe 12C Chrysakdocorpus lolescens Areca Palm .S' 6' 5' 70. Polled Relocole 12C CNysakdocmpus lulescens Areco Palm .5' 6' 5" 20' _ Polled Relocate 120 CArysolWocarpus lolescens Aieco Palm .5' 6' S' 20' Polled Relocate 12E Chrysokdocotpus lulescens Areca Polm 5' 6' 5' 20' Polled Relocate 1,14 130 Royslonea Ekla Royal Adm 1' /0' 5' _ 20' Good Relocate Royslonea EIoto Royal Poke 1' 35' 5' 70' Good Relocole 1,C Royslonea [late Royal Poke 1' 25' - 5' 20' - Good Relocate 130 Royslonea [Iota Royal Poke 1' 25" S. 20' Good Relocate IJ( Royslonea [halo Royal Palm I' 23' S' 20' Good Good Rekc*le Re Koff IIA Royslonea [b1a Royal Pakn 1' 35' S' 70" 110 Royslonea [late Royal Palm 1' 35' 5. 20' Good Relocate 14C Roystoneo [lata Royal Palm I' J5' S. 20' - Coed Rebcole 110 Roystoneo [late Royal Pok" I' JO' S' 20' 20' Coed Good Rehacale Rebate -lyl _ Royslonea flat* Royal Patin 1 25' 5' 156 Roysfonto [kla Royal Pokn I. J5' 3' 20. Coad Relocate ISC Royslonea [lata Royal Pok" I' J0' 5' 20' Good Rebrole ISD Roysloneo [Iola Royal Palen 1' JO' S. 20' Good Relocate 16A Roploneo [lata Royal Palm 1' 25' S' 20" Coad Relocate 160 Roptoneo [Iola Royal Palm 1' 23' i' - 20,- Good Relocate 16C Roysloneo [Iola Royal Pok" 1' 25" 5' 20' Good Relocole i SERMELLO•AJAMLL 6 PARTNERs•INC AMERICAN LEMAN$ SERIES COURO1 w. n - tri R:e-'-- --- I r... • mr..r Mw Oe EIIIl11N0 TRE! 019POSITION TASTE " M -B 13 TRANSPLANT (5) ROYAL PALMS 13A, 138. 13C, 13D, & 13E I 14 TRANSPLANI (4) ROYAL PAVIA'; 14A, 140, 14C & 141) 71 BERMELLO-AJAIML PARTNERS -INC AMERICAN LIMANS st"Its COURSE c.. 1. Mw IIN N. EXISTING IEGETAIION I "" "We 15 18 TRANSPLANT (7) ROYAL_ PALMS 15A, 1513• 15C &15D 16A, 1613 do 16C 0 15 18 TRANSPLANT (7) ROYAL PALMS 15A, 150. 15C &15D 16A, 16B do 16C BERM LI.0-AJAMIL A PARINERS-INC .. ..>r,� �... i AMERICAN LEMONS SERIES COURSE ww ' w.r w.w a..n< EIlISTINO VEGETATION r M-7 WHEREAS, Raceworks LLC desires to enter into the attached amendment to the agreement with the City of Miami and Bayfront Paris Management Trust for the licensing of motor sports race events; and WHEREAS, the Members of the Limited Liability Company have considered the matter in accordance with the operating agreement of the Limited Liability Company; NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS that Peter Yanowitch, Manager of Raceworks LLC is hereby authorized and instructed to enter into an Amendment, in the name and on behalf of Raceworks LLC, with the City of Miami upon the terms contained in the proposed amendment to which this resolution is attached. Dated this l' -day o4!n, 2001. illy A. bermello Member (CORPORATE SEAL) 02-1066 IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI -DARE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 01-17514 CA 24 HOMESTEAD -MIAMI SPEEDWAY LLC, t _k0j "gD a Delaware limited liability company, ItkE 0910"p-1 910pCA Of r� L Plaintiff, 00 Oc ej s) VS. G�R� CITY OF MIAMI, a political subdivision of the State of Florida, Defendant. SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff, Homestead -Miami Speedway LLC ("Speedway") sues Defendant, City of Miami ("City"), and states as follows: Nature_of this Action I. Speedway is suing for relief to which it is entitled by reason of the City's non-public contracting with an private entity, Raceworks LLC ("Raceworks"), giving that private entity use of City -owned waterfront property in downtown Miami to conduct a motor car race. The non-public contracting process violated the Sunshine Law, Fla. Stat. § 2 86.011, violated the requirement of prior publication of proposed resolutions on such matters, and violated the requirement that the City obtain competing bids. The violations imposed particular injury on Speedway. Had the City complied with the Sunshine Law, publication requirements, and the open bidding process, Speedway could have submitted KENNY NACHWALTER Sffmo R ARNOLD CRITCHLOW & SPEMR 02-1066 11 a competing bid to conduct the motor car race (depending, of course,- on the particular bid specifications that were never released by the City). Speedway has lost the potential economic benefit of being selected in an open and lawful process. The Parties 2. Speedway is a Delaware limited liability company authorized and doing business in the State of Florida and in Miami -Dade County, Florida. Speedway has demonstrated success in conducting motor car racing in Miami -Dade County, Florida, by agreement with a municipal government (the City of Homestead). And, at all relevant times, Speedway had the resources and experience to submit a bid to the City for the right to conduct the motor car race, had the City sought to obtain competing bids as required. Additionally, as a citizen taxpayer of Miami -Dade County, Florida, Speedway has a legally recognized interest in seeing that the City complies with the Sunshine Law. 3. The City is a political subdivision of the State of Florida, and subject to the jurisdiction of this Court for each of the following causes of action by Speedway. Factual Allegations 4. Earlier this year, the City began negotiations with Raceworks to hold a motor car race on City -owned waterfront property in downtown Miami in April 2002. 5. Raceworks first disclosed the terms of its proposed agreement with the City at a City Commission meeting on July 10, 2001. Raceworks' fust publicly disclosed proposal included a no -bid, exclusive agreement with a 15 -year term (and 10 -year option exercisable at Raceworks' election), gave Raceworks exclusive use of City -owned waterfront property as a grand prix racing facility and the right to re-route daily traffic, and required the City to: (1) perform $850,000 of street improvements for the race, (2) provide fire, police and sold waste services totaling $320,000 per year for the term of the 2 KENNY NACHWALTER SEYMOUR ARNOW CWCHLOW & SPECTOR 02-1066 O agreement, and (3) provide storage facilities for the race -track' equipment at an approximate value of.$100,000 per year for the term of the agreement. 6. In return, Raceworks first publicly disclosed proposal provided for Raceworks to pay the City I% of gross revenues for years 1 and 2, 2% of gross revenues for years 3 and 4, and 3% of gross revenues for year 5 through and until the duration of the agreement. The City would also have been entitled to certain proceeds in the event that Raceworks sold its rights under the agreement to conduct the race. The Bayfront Park Trust was also to receive $50,000 in rent, plus a CPI cap at 4% and a 1% ticket surcharge on all tickets sold. Payments would be due 30 days after each race event. 7. At the July 10, 2001 City Commission meeting numerous persons representing various public and private interests stated their objections to the proposed agreement as disclosed by Raceworks, which had been privately negotiated by the City and Raceworks. The public and private parties represented at the July 10, 2001 City Commission meeting included the City of Homestead, Speedway and other community activists. The issues raised at that City Commission meeting, which are now a matter of public record, included environmental, traffic and -other public safety concerns, issues regarding the resulting negative financial impact on downtown businesses, as well as the neighboring City of Homestead, and issues regarding whether the proposed agreement was in the City's best financial interest. Speedway also questioned the legal sufficiency of a no -bid, exclusive agreement providing for use of City -owned waterfront property by a private entity, and the City's related expenditures of tax dollars and obligation to provide costly in-kind services, storage facilities and the like for a private entity's benefit. 8. Afterpublic statements at the July 10, 2001 City Commission meeting were completed, a motion was made by City Commissioner Joe Sanchez authorizing the City PManager and Bayfront Park Trust to continue negotiations with Raceworks and present 3 02_1066 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR r f ' to the City Commission on July 26, 2001 a different proposed agreement for consideration by the City Commission. The motion was amended to require that the details of the revised proposed agreement be publicly disclosed at least 5 days prior to the July 26, 2001 City Commission meeting. As so amended, this motion was approved and adopted by a vote of the City Commission. 9. Upon information and belief, the City Manager, Carlos A. Jimenez, and/or City employees acting under his direction and control, engaged in further negotiations with Raceworks after the July 10, 2001 City Commission meeting. The negotiations continued to be conducted entirely in private and to the exclusive of Speedway and any other members of the public. 10. Contrary to the City Commission's motion passed at the July 10, 2001 City. Commission meeting and applicable provisions of the City Code, including Section 2-33 of the Code, the City first made publicly available the terms of the revised proposed agreement with Raceworks after the close of business on July 24; 2001, i.e., just 1 day prior to the July 26, 2001 City Commission meeting. Further, the Term Sheet made available at that time failed to disclose material terms that were reasonably necessary to understand the workings of the revised proposed agreement and, for example, whether the proposed agreement complied with Miami's Comprehensive Neighborhood Plan (1989-2000). The Term Sheet was also materially different from the terms proposed at the July 10, 2001 City Commission meeting. In addition, the Term Sheet was materially different than the terms contained in the most current version of the proposed written agreement that had been distributed by the City in response to a Public Records Request. These material differences included, but were not limited to, critical terms regarding City expenditures required under the agreement and the payment of monies to the City in the 0 event Raceworks were to sell the right to conduct the race to third parties. 4 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 is `-9 11. At the July 2,6, 2001 City Commission meeting, the;_ City Commission conditionally approved the revised proposed agreement with Raceworks subject to final ratification by the City Commission at its August 9, 2001 meeting, apparently after more remaining issues were negotiated. The resolution to authorize the City Commission to conditionally approve the revised proposed agreement with Raceworks was not published as required by the City Code. In fact, the public notice of the July 26, 2001 City Commission meeting did not state that the City Commission would vote on whether to approve a final agreement with Raceworks, conditionally or otherwise. 12. At the August 9, 2001 City Commission meeting, the City Commission voted to ratify a further modified version of the proposed agreement with Raceworks. The City posted a version of the proposed agreement with Raceworks 5 days before the August 9, 2001 City Commission meeting, but that version was superseded and materially . different from the version that in fact was ratified on August 9, 2001. Accordingly, the City failed to abide by the .City Code requirement and City Commission directive requiring at least 5 days advance public notice of the agreement to be voted on. The public also was prohibited from commenting at the August 9, 2001 City Commission meeting, on either the earlier posted version or the version actually ratified, contrary to Section (A) 5 of the Home Rule Charter of Miami -Dade County, Florida, as well as in 0 violation of the Sunshine Law. 13. The agreement between the City and Raceworks is incorporated herein by reference rather than attached, as permitted by Fla. R. Civ. P. 1.130, because the version of the agreement posted and made available to Speedway and the rest of the public is not in fact the version that was subsequently ratified — which further highlights the secretive manner in which the agreement between the City and Raceworks was concluded. 5 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR /. 1066 14. Speedway has retained the law firm of Kenny Nachwalter Seymour Arnold itCritchlow & Spector, P.A., to prosecute this action and is required to pay its attorneys a reasonable fee for their services. 15. All conditions precedent to the bringing of this action have been satisfied, complied with, adhered to or waived. Count I (Declaratory Relief for Sunshine Law Violation) 16. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 17. The City violated the Sunshine Law by engaging in non-public discussions and negotiations with Raceworks regarding a proposed agreement to have a private entity conduct a motor car race on City -owned waterfront property in downtown Miami. These discussions and negotiations were not open to the general public, contrary to Florida law. 18. Further, Speedway ' and other members of the public were denied even minimum required details of the ongoing negotiations and proposals in order to be able to participate in what should have been, but was not, an open and lawful process. 19. At the time the substantially modified version of the agreement was presented to the City Commission for ratification at the August 9, 2001 City Commission meeting, Speedway and the rest of the public were denied the opportunity to comment in violation of the Sunshine Law and the Home Rule Charter of Miami -Dade County. 20. Any contract awarded by the City to Raceworks as a result of the aforementioned non-public contracting process is null and void as a matter of law. 21. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect KENNY NACHWALTER SEYMOUR ARNOW CRITCHLOW & SPECTOR 02 -106(; on Speedway's rights as they pertain to the actions of the City, including the actions of the City Commission and City staff, regarding the City's agreement with Raceworks. orks. 22. Fla. Stat. § 286.011(4) authorizes an award of reasonable attorney's fees to Speedway for bringing this action to enforce the Sunshine Law in the event that this Court declares the actions of the City to constitute a violation of Fla. Stat. § 286.011(2). Count II (Injunctive Relief for. Sunshine Law Violations) 23. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 24. The City's violation of the Sunshine Law, Fla. Stat. § 286.011, entitles Speedway to an injunction prohibiting the City from performing under its agreement with Raceworks that was approved by the City Commission in violation of the Sunshine Law. 25. Fla. Stat. § 286.011(2) expressly provides that: "the, circuit courts of the state shall have the jurisdiction to issue injunctions to enforce the purposes of this section upon the application of any citizen of the state." Count III (Declaratory Relief for Failure to Disclose) 26. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 27. The City has violated Section 2-33 of the City Code by failing to timely disclose to designated persons and the general public a copy of resolutions seeking to approve and/or ratify all or any part of the agreement between the City and Raceworks. 28. The City has also failed to follow the directive of the City Commission, by motion passed at its July 10, 2001 meeting, expressly requiring that the specific details of the revised proposed agreement with Raceworks be disclosed at least 5 days prior to 7 KENNY NACHWALTER SEYMOUR ARNOW CRITCHLOW & SPECTOR 02-1066 the City Commission meeting during which the agreement was to- be presented for consideration and approval and/or ratification by the City Commission. 29. As a result of the City's failure to publicly disclose the details of the agreement with Raceworks prior to the City Commission meetings, and its violations of both the City Code and the directive of the City Commission, any legislative action by the City Commission at its July 26, 2001 and August 9, 2001 meetings to approve and/or ratify the City's agreement with Raceworks is null and void as a matter of law. 30. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect on Speedway's rights as they pertain to the actions of the City, including the actions of the City Commission and City staff, regarding the City's agreement with Raceworks. Count IV (Injunctive Relief for Failure to Disclose) . 31. Speedway realleges the allegations of paragraphs °1 through 15 above, as though fully set forth herein. 32. The City failed to comply with the disclosure obligations imposed by the City Code and by the directive of the City Commission at its July 10, 2001 meeting. 33. The City's failure to comply with these disclosure obligations prevented Speedway from exercising its rights to comment upon the proposed agreement between the City and Raceworks and/or to submit a bid of its own as an alternative to Raceworks. 34. Speedway has suffered irreparable injury, both in damage to its current racing business and the loss of potential future racing business, as a result of having been prevented from exercising its rights to comment and/or to submit a competing bid. 35. Speedway has no adequate remedy at law. N KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 36. Enjoining the City from performing under its agreement with Raceworks entered into after the City, including the City Commission and City staff, failed to comply with mandatory disclosure obligations serves the public interest. Such an injunction enforces and promotes compliance with mandatory disclosure obligations, which are designed to protect Speedway and the rest of the public from secretive dealings and the appearance of secretive dealings. Count V (Declaratory Relief for Failure to Ensure Competitive Bids) 37. Speedway realleges the allegations in paragraphs 1 through 15 above, as though fully set forth herein. 38. The City failed to solicit or ensure competitive bids for the right to use City -owned waterfront property to conduct a motor car race. The City was required to solicit and ensure competitive bids under each of the following City Charter provisions: (A) Section 29-A, subparagraph (d), whichprovides in pertinent part that "... there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, ...., unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest." (Emphasis supplied). (B) Section 29-B, which provides in pertinent part that "The city commission is also hereby prohibited from favorably considering any sale or lease of city - owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers 10 or lessees, .... (b) there shall have been at least three (3) written proposals received from 9 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 z prospective purchasers or lessees; however, if there are less than three -E3) such proposals received ..., subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated." 39. Additionally, the City failed to obtain two independent appraisals of the net value to the City of the proposed agreement between the City and Raceworks, to ensure that the City stood to realize a fair return under that proposed agreement, as required by Section 3, subparagraph (f)(iii), of the City Charter, which provides in pertinent part tha:: The City shall have power ... [t]o lease to or contract with private funs or persons for the commercial use or management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on condition that:... (B) the terms of the contract result in a fair return to the city based on two independent appraisals; and . . . (D) the procurement methods prescribed by ordinances are observed. Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the voters of the city." 40. As a result of the City's failure to advertise and procure three competitive proposals, or to submit the matter for voter approval, or to obtain two independent appraisals showing that the proposed agreement resulted in a fair return to the City, or to otherwise comply with the requirements of the City Charter, Sections 3 and 29-A and 29- B, the actions taken at the July 26, 2001 and August 9, 2001 City Commission meetings to approve and/or ratify the proposed agreement between the City and Raceworks are null and void as a matter of law. 41. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect 10 KENNY NACHWALTER SEYmouR ARNOLD CRITCHLOW & SPECTOR 02-1066 ., 0 U] on Speedway's rights as they pertain to the actions of the City, including the City Commission and City staff, regarding the agreement between the City and Raceworks. Count VI (Injunctive Relief for Failure to Ensure Competitive Bids) 42. Speedway realleges the allegations of paragraphs 1 through 15 and 38 through 41 as though fully set forth herein. 43. The City failed to comply with the requirements of the City Charter regarding the transfer of any interest in City -owned real property, and the additional requirements in the Charter for contracts allowing use of City -owned waterfront property. 44. The City's failure to comply with these requirements, and thereby to ensure competitive bids, effectively prevented Speedway from exercising its rights to comment upon the proposed agreement between the City and Raceworks and/or to submit a bid of its own as an alternative to Raceworks. 45. Speedway has suffered irreparable injury, both in damage to its current racing business and the loss of potential future racing business, as a result of the City's failure to abide by the requirements of the City Charter to ensure competitive bids. 46. Speedway has no adequate remedy at law. 47. Enjoining the City from performing under its agreement with Raceworks entered into after the City, including the City Commission and City staff, failed to comply with the requirements of the City Charter to ensure competitive bids serves the public interest. Such an injunction enforces and promotes compliance with the City Charter requirements that protect one of the public's most precious resources, namely publicly - owned real property, and in particular publicly -owned waterfront property. WHEREFORE, Speedway respectfully requests that the Court: (A) Accept jurisdiction of the parties and the subject matter of this action; 11 KENNY NACHWALTER SEYMOUR ARNOLD CRrrCHLOW & SPECTOR 02-1066 (B) Enter a declaratory judgment that any decision of the -City Commission approving and/or ratifying the agreement between the City and Raceworks does not comply with applicable Florida law — including the Sunshine Law, the City Charter, motions passed by the City Commission, and the Home Rule Charter of Miami -Dade County — and, therefore, is null and void and unenforceable; (C) Enter a preliminary and permanent injunction prohibiting the City from performing under its agreement with Raceworks; (D) Enter a further judgment directing the City and the City Commission to rescind all actions relating to the approval and/or ratification of the agreement between the City and Raceworks; and (E) Awarding Speedway its costs and attorneys fees, and any and all other supplemental relief that is authorized under Fla. Stat. § 86.061, and any and all other 0 relief that is authorized under applicable law or in equity. Respectfully submitted, KENNY NACHWALTER SEYmouR ARNOLD CmTCHLOw & SPECTOR, P. A. 201 South Biscayne Boulevard Suite 1100 Miami, Florida 33131 Telephone: (305) 373-1000 Facsimile: (305) 372-1861 •�' By: Kevin I Murray Fla. Bar No. 290602 12 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 0 17J Certificate of Service I certify that a copy hereof has been furnished to Alejandro Vilarello, Esq., City Attorney, and Henry J. Hunnefeld, Esq., Assistant City Attorney, 945 Miami Riverside Center, 444 Southwest 2"d Avenue, Miami, Florida 33130 by mail on October 22, 2001. 141343.1 By: Obert D. W. Landon, III Fla. Bar No. 961272 13 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 i IN THE CIACUV COURT OF lak 11= JUDICI i CIItCIIIT iN AND FOR MMM DADS COUNTY, FLORMA GENERAL 3URL4DICTION DIVISION t CASE NO. 01-1751 ! CA 24 IXOMMSTY.4D-MLAW SPEEDWAY LLC, a Delaware limilul liability company. PlaintliTs va. CITY OF MIAMI, a puliUeal subdivision of 14e State of Florida, Defendant, and RACEWORKS, LLC, a Delaware limited liability company. Intervener -Defendant. CiRDI K GRANTING PLAMIFF SUMMARY MTDC-IVMNT ON COUNTS V AND VI OF THIS SECOND AMENIINY) C-OWMATN'T THIS CAUSE came before the Court for hosting on February 22, 2002, on the motion for summary judgment by pWntK Homestead -Miami Speedway, LLC ("Speedway'), and the cross-motions for summaryjudgment by defendant, City Ofh iami ("City"), and Wtcrnncr-defendant, P aceworks, LLC (Maccworks"j, on Counts V and VI of the Second Amended Complaint Count V seeks a declaration that a no -bid contrnat givca to RaceworL to use the City's waterfront property for the next 15 to 25 years to cxmduct motor car riw= is void ba;ausc the City failed to follow competitive bid prowAures. Count VI stoks a cuswpundiag injunction. Rusivod Mar -04-02 02:40w From- T"M i D Pop 002 The Court hes received, reviewed, and fully considered the -written submissions by cwh of the parties, the entire record in this case, and the oral argument that counsel fur eauh of the parties made at the February 22, 2002 hearing. And, after due r consideration of all the foregoing, it is ORDERED that, for We reasons that fallow, the Court grants summary judgment in favor of Speedway on Counts V and VI of rho S= wd Auuuded Complaint, and denies the moss -motions for summary judgmcat M=l by 9= City and Raceworks. The Parries agree that the ultimate question is whtthur diana-bid contract that the City Lmve to Racewnrks is of a kind that was subject to competitive bid procedures. noel therefore had to be put out for bid. The parties agree this is a question of law appropriate for the Court to decide by mmmary judgment based upon a review of the contract terms. .E.g., Peacock Constr, Co., inc. v. Modems Air CondlMning, Me., 353 So.2d 840, 842 (kla. 1977); Clasbyv. University ofMidmf, 356 Sold 915, 918 (Fla. 3d DCA 1979). The City and Raccworks also raise arguments thatthe Court shnnId not reach the ultimate question whether the contract had to be competitively bid. They argue, for 1 example, that a provision in the City Charter relied upon by Speedway (Section §3 (f)(iii)) was amended by referendum vote in November 2001 to delete the reference to contracts for "commercial use" of the City's waterbrontproperty. They argue that Speedway lacks standing to suc. Aad, they argue that it is the Municipal Motor Vehicle Racing Act of 1984 (r -la. Stat. § 549.08) that gives Rneeworks the right to exclude people from the Public property that Raceworlm is permitted to use under the contract, not the contrast Received Mar -U-02 02:40ae -2- Free- Te -SH t D Pass 008 �s r itself. TLe Court has carefully considered each of throe arVimeats, and has determined that none of them raises a genuine Wore of material fact or prevents the Court from reaching the ultimate question in this case. Undo�nte_ The fact that the City and Raceworks entered into the contract is not in dispute, and the terms ofthe contract that the Court must considerto resolve whether the contract was required to be competitively bid are clear and nnaaibiguous in their m -,,;9. It is undisputed that the City never made any attempt to solicit bids or pruposals car to inform itself otherwise whether anyone other than Raccworks would be interested in submitting a competing bid or proposal for the contract given to Raceworkb. The City and Raeeworks willingly concede this point since their position is trust it does not matter. They contend that competitive bid procedures do not apply to Us type: of contract. It is undisputed that Speedway is an established business that puts on motorspnrce events, is a competitor of Raceworks, and was at,all rclevaut times and remains qualified to submit a competing bid for the no -bid contract that the City gave to Raeewoft. As a scpamtc matter relating to standing, ttu City and Raeewarkc argue that Speedway was Precluded from subnfittiug a competing bid by the terms of.SpeedwAy's contract with the City ofHomest"d to Operrdtc the Homestead Mnt wVrwts Complex and that Speedway, although yuaiiliad, would never have submitted a competing bid even if given the chance. It is undisputed that the City Crimmission an August 9, 2001 approved of and aulhurized the City Manager to execute the contract with Rsaeworks pursuant to City Com iission Resolution No. 01-845, which provided in relevant part: -3- Received Mar -04-02 0b40pa Prcr T"K i D Pap 004 02-1066 BE TI' RESOLVM BY TIIL C0hWSSION--OF' TILE CITY OF h AM. FLORIDA: Section 1. The City Manager is audUntUd to execute an Agreeemeat, in sn6stantiatlythe anached fh m, ..., subject to the lease between the City of Miami and the United States of America, dated August 9, 1990, and =bjeet to the approval of the District Engineer of the United States Department of r the Army [i.e., ttu U.S. Arany Corps of Pngincers], prior to the City of Miami esxacuting this Agrcancui. Thus, the City Manager's authority to execute the contract was made subjerx only to thr U.S. Army Corps of Engineers first approving tho contract. The U.S. Army Corps of Engineers approved the contract in writingno later than October 9,200 1, and the contract war. executed by all parties no later than October 23, 2001. The amendment of City Charter §3(1)(iii) relied on by the City and R iceworks occurred subsequently, on November 7, 2001, after it was approved by voter referendum on November 6, 2001. Since the City Commission's August 9, 2001 Resolution No. 01-845 gave tit a City Manager full authority to execute the contract subject only to prior approval of the U.S. Army Corps of Engineers — which was obtained no later than October 9, 2001 the subsequent execution of the contract by all parties no later than October 23, 2001 created a legally binding and enforceable contract. There was no condition subsequent that had to be satisfied following execution. Nor was thcrc any need for City Conanission Resolutiou No. 01-1229 on November 15, 2001, which merely repeats the same authorization to execuLu them- contracri already given by Rwuludun No. 01-845. There is nutting in RwulutiunNu. 01-1229 (lust speaks to adopliz:g ur ratifying that which the City Manager had previously exm-uted as authorised by Resolution No. 01-845. -4- Rsteiwd Mar -0l -0I 02:Aon From- TV -SH i D Pass 005 02-1066 The City and Raceworks raise a threshold argument whether Speedway is a party with legal standing to bring this lawsuit to eaforec eompetitivc bid procedures. The City and Rnwworks rely on two Florida eases in which it was determined that the plaintiff lacked standing to complain about the award of a govcr uucul wuUuuL W unuthLx bidder. Brasfield & Gorrie General Contractor, Inc. v. Ajar Cup struction Company, Inc.. 627 So -2d 1200 (Fla. 1" DCA 1994); Westinghouse Elecrrtc Corporarton v. Jacksonville TransponarionAuthortty.491 So.2d 1238 (Fir. l"DCA 1986)- Those cases are readily distinguishable because in both ofthose cases, unlike in this onc, the govmramental entity had opened the contract to competitive bidding and received and reviewM hick. This case involves a nn -hid contract that was nry x pin oin to bid. The City and Raceworks candidly concede the City did nnthing to solicit competing bids or proposals, or ntherwise to inform itsel f whether Rnyone besides Raceworks, would be interested in submitting a competing bid or proposal forthe contract given to R=eworks. 'Ilse failure to invite Speedway, or anyone else, to compete for this contract is especially significant on this record, which shows that the City and Raceworks were aware that Speedway and anynumber of other established motorsports businesses were likely to be interested in the opportunitypresented bythis contract. Indeed, the City and Raceworks madothe contract fully saleable and assignable by Raceworks to other established motorsports businesses that were not invited to bid, and included in drags of the contract specific reference to a number ofthose motorsports businesses, including tonal Speedway Corporation or any of its affiliates, which were known to include Speedway. Although that specific rcfacmco was deleted from the final contract, the City Manager who negotiated the -S- Received Mar -U-02 02:40pe From - To -SH t D Pap Oct 02--1066 contract Cor the City has testified `khat the fact that that iaaguap was deleted ... in no way, shape or form prejudices [Speedway] from being assigned this contract." Gimen= Dcpo. at pp. 104:2-7; 114:9-14. Florida courts flit have considered standing in the cmtext of a no -bid conttaet have explained that the injury suppurtiug standing in such cascs is the denial of the opportunity to submit a enmpeting bid rur the contract. Sec, e.g., RandaUlnd4rtries, Inc. v. Lee County, :ill? So_2d 499,501 (Fla. 2dDCA 1975) ("[Lee County's] contention that appellant has no standing ... is without merit.• Atcm%Ung to fire complaint, Lee County leased its property _.. without taking bids. As a potential compclitur, appellant had a right to submit a bid, and this right was effrzft ty denied him"): Ct;v ofLynn Haven v. Buy Comity Council of*. Xegistered Architects, SSR Sn.2d 1244, 1246 (Fla, 1" DCA 1988) (plaintiff association, which represented Qualified architects who -could have subtuitted bids for no -bid contract, had standing). Plaintiffs in the came of a no -bid contract do not have to prove anything more thea they were potentiAl competitors qualified to submit it competing bid, if competing bids had been invited. It is undispnted on this record that Speedway was a potential competitor and qualified to submit a competing hid. and that the City never issued bid specifications to which Speedway could hmre. remponded. See Glatatcin v. City of Miwni, 399 So.2d 1005, 1009 (Fla. 3d DCA 1981) (appellate colnt uvtcd that "(a)Lscnt 3pee4fic pl=3, no bidding could take place," and remanded to the trial court for entry of dcelerstory judgment that no -bid contract in that case was vad). Mic City and Raccworka argue that certain advertisements and comments by Spoadway ate equivalent to a statement by Speedway that it never would have submitted a competing bid fur lids contract even if it had been given the opportunity. In fact, they Received Mar -01-02 02:10aa From- T& -&W t D Pap Do? 02-1066 aro not equivalent. 7bere is no statement is any of the sdvect cements or comments presented to the Court in which Speedway says it never would submit a competing bid. To the contrary, the uneontrsdiatod tostimny of Speedway's president is that Speedway would have submitted a competing bid if the City had opened the contract to bidding. Gray Affidavit at IS; Gray Dego. atpp. 41:3-9,73:22-74-.3, 120:4-9. If the City wanted to rely on an argument that Spc=hvgy nava would have submitted a competing bid, it was iuCu nbcut upuu LI= City to have: issued arequtst rur bids. and thtTuby to Lave: given Speudvray the chance to submit a bid. as happened in the BraVUld and WaMehouse casco which the City and Fazowurks cite. Speedway's contract with the City of Homestead is not an impediment to Speedway having standing in this case either. That contract does nit contain a Provision that purports to preclude Speedway either from submitting a bid for or from carrying out the terms of the cnntract given to Racewnrks. Even if there were such a Provision, moreover, that would be a private matter of contract rights between Speedway and the rity of Homestead. The City of Homestead, tbrough its CityManager, has testif edthat it has not asserted any right to prevent Speedway f=ern bidding for or conducting the motorsports events in downtown Miami contemplated by the c:oatract at issue. See Ivy Depo. at 33:6-35:12. Because it is at most a matter of private contract rigbts that could not have betn relied upon by the City, it is not a basis for this Court to invoke judicial estoppel either. Cf. Yining v. Segal, 773 So.2d 12143 (Fls. 3d DCA 2000). Speedway has standing to bring the claims in Counb V and VI of tho Second Amended Complaint -7- Roteive! Mar -P-02 02:40am From- TO -SM i D Pap On 02-1066 Rrcawnrks' Contract Is -A Lease = The conv=at issue is =Lidcd "Revocable LiccnscAgreement." However, as the Chy's enuncet aclmowltdgal during oral argument, the label that the parties choose to put nn their contract is not dirLtrtuisiative of whether it is a lease or a license. Hrg. 'Transcript at pp. 197.!2-19. Instead, the Court most roview the toms of the contract and detesmiae whether throe terms reveal it in fact w be a bass or a license. The parties agree thAt rxctusivepossession and control of a spcc:iFcally bounded area, and the corresponding right to keen nthem out, is a dC%ing feature of a lcue. E.g.. Ouldoor Media of Pensacola, Inc.. v. Smw Rosa County, 554 So.2d 613. 616 (Tla. I" DCA 1989) (contract held to be a lease, not R license). The contract at issue gives Raceworks for the next 15 to 25 years exchrsive. pncsession and control of a specifically bounded arca including all ofBayfront Park for a period of 24 clays a year. The specific arca, including the fencing, is shown on Exhibit A to the contract. Tniring thnse 24 days a year Raceworks, arnong other things, has exclusive possession and the right to (1) control admission to the area, (2) cbarge admission to the area, (3) sell concessinns and merchandise within the area, (4) sell and place advertising throughout the area, (5) sell media access to the area, and (6) rant boat moorings in the adjacent wataryvay.' Raceworks suggests in its papers thatthe exclusivopossessionmustbe continuous, or at least longer than the 24 days a year of exclusive possession that this contract gives 1 The fact that the lessor is allowed to catcar the property for limited proposes sad retains some mCnsurt of everts of over the lessee's activities on the property does not eban she fad that the cxurrraut is a Icasc. See, e.g., Outdoor Media, 554 So.2d at 614; Regan, 4S8 P.2d at 14.15; Quuntmne Corp., 956 P.2d at 852-853; see also Poopla v Chiaaso Uk" Car Rentals, Inc., 391 HY.2d 42, 45 (M. -App. 1979) (pu:portcd "oonccasion agreement" gave exclusive uire of counter space in terminal sad, notwithstanding city's retained right of entry to inspect, was a lease). -8- Received Mar -01-01 Q1:t0am From- Ta -SH t D sap 000 to Raceworks. That suggesdon is not supported bythe legal attthorhy, however, which includes cases in which everts have held contracts were lance.; even where the exchisive possession was of Ghon duration or not cnndniumc over the term of the contract. See Regan v C.fty nf.CP-.aU1F% 45S P.2d 12, 14 (Wash. 1969) (contract gave go-cart racing promoter use of civic center for one night and was a lease); Quantum Corp. v. State of New Mexico Taxation and Revenue Dept., 956 P.2d 848, 851 (N.M. Ct. App. 1998) (contracts for use of bingo halls for several four-hour sessions per week were leases). In addition, when pointedly asked, the City'8 conasel Rankly conceded that duration of the exclusive possession is not the issue, or at least not among the major dctcnminative factors that resolve whether a contract i9 a lease. Htg. Transcript at pp. 1140-116.4. Other defining features of lenses are that, unlike licenses, they are irrevocable and assignable. When drafting the provisions of this contract, the City and Raccworks' representatives correspondcd on the issues, of irrevocability and assignability, and Raceworks' counsel suggested ways of "manipulating" the contract to make It appear revocable. at will and non -assignable. See PX". In fact, the conuac:t ut Us anal rmm is irrevocablc cxccpt for cause, and only a[1cr cxhdusdvn ora substantial period of time in which the defaulting party car cure, rind is assignable. These features of the contract wake all Lhe more clear that it is conveying an interest in property, and not a mere licence to tutcr unLu Lhe pruperLy. See, e.g.. Devttn v_ The Phoenar, Inc., 471 .Sn.?d 93, 95 (Fla. Vh DCA 1985)( -Me disdactive cbsracterlstic ofa license is ... dw it iS in its very natrne, necessariiyrevocable atwlll" ); DoLvan v Wnlfp, 391 Sold 75 I, 759 (Fla. 56 DCA 1980) ("A license is distinguishable from an easement in that a license ... is not as interest in land and, therefore, may not be assigned or conveyed•-); Kapfolani Parkpre3mWtion Received Mar -04-02 02a40w -9- Fray- TrLN t 0 Pon 010 r Fry.`T4 Soc. v City and County of Honolulu. 751 P.2d 10= 1028-aiawaii 1988) (listing assignable nature of contract among features supporting the court's demon that a purported "concession" contract was in fact a lease). Defendants' enuncel candidly conceded at oral argtunent that this contract is not revocable at will, and that the fact it contract is not revocable at will is aa' - portant factor in resolving that the contract in fact is a Zcasc. Hrg. Transcript at pp. 109:14.111:21. The fact that the contract requires the City to consent in writing to Raceworks I awig:tmcnt of the contract docs not make the eoatrsct any less assignable. The contract states that the City's consent cannot be "unreasonably withhold" and, even if the contract did not rxpressly so state, Florida courts have recognized for at least twenty years that a lessor may not arbitrarily withhold its written consent to an assignment of the lease. See Fernandes v. Yaaquez, 397 So.2d 1171, 1172, 1174 (Fla. 3d DCA 1981) ("The law gauwdlly favors free alienation of property and under common law a tenant has the right to assign his leasehold intarest without the consent of the lessor .... Me hold that a lessor may not arbitrarily refuse consent to an assignment of a commercial lease which provides, even withcnrt limitingjaaj;ju .Xr, that is Ion= shall not assign or sublease the premises without the written consent of the lessor.') (umph alis supplied)? As alluded to above, the fact that the City and Raceworks made this c:c nU=t Assignable makes it all the mare clear that the contract should have been put out forbid 2 The court in Drvlin, 471 So.2d nl 95, stated is dicta that "A licaosc, ... , is not a right WE is a P=wijal wivlegc, not assignabic vrithaut expnm pe:amssion." Premmashly that court was alluding to contacts that truly restrict aniginability and nottbe mere requi wnm t of wizltm eot>seat to an assigmnaut, which is a requirement typically found in losses. Sae, e.g.. Perron v Wilder, 557 So.2d 617, 618 (Fla. 41' DCA 1990) (relying on Fernandez, 397 So.2d 1171). W� Roaaiv" Mar -06-02 02:40aa Frog To -SH a D Pap Oil 02-1066 — because it was tantamountto an aclmowledgmeat by the City Ansi Ricewnrks that other motorsports businesses would be interested in the opportunitypresented by this contract. Other elements of the contract, although not necessarily exclusive to leases, are most consistent with and are further support for the determination that the contradt at issue is a lease, and thus had to be put out for bid. For example, the City receives a fixed fcc for the "use" of the property. The contract specifically requires Raeeworks to indemnify the City for any claims in connection with Racoworks' use of the property, and to obtain insurance to cover any such claims, so that the City cffcctivoly seeks to have no liability for any injuries which could occur while Rac eworks has exclusive possession. The ourarac,t spccsifically disclaims that any agency rrlationship is being crated between the City and Raceworks. And, not only does Raeeworks have the exclusive right under air, cuntraca w cuizucuct iiuptovcm=t% it also has the exclusive right to maintain or modify the improvements as needed. All toasted, the plain iuul uudisputerl cactus of the contract reveal as a matter of law that the cunu=t is a Iowa. TLis wuclusion that the contract is a lease does not change if the City holds a long-term lcasrhold insuad of a &= interest in the property including Rayfront Pads. In either case, leasehold or fee, the City has an interrst that R11dwc it W ,give a lease interestto RSoeworks. This conclusion also does not change because of the Municipal Motor Vehicle Racing Act of 1984. That Act, which deals with the issuance of a non -assignable permit to persons conducting rRcing events, does not purport to create any interest in the property including Bayfront Park. It is the contract alone that gives Raceworks an interest in and exclusive use of all the gmcifically bounded property. -11- Rocoiwd Mar -04-02 02!40m Fro=- 7o -SR i D Pap 012 32-1066 r'Y r Because the contract is a leaso and ecmveys an interest in real property owned by the City. the City tool to follow competitive bid procedures before awarding the contract to Raceworks pursuarst to City Charter §29-A(d), which states in relevant part as follows: (d) Saba and leans ofraal property; ,prohibition. Except as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest. including any leasehold, in real Property owned by the city...., unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interast.3 Th a fAilure n r the City to follow competitive bidding pro=dures renders the contract void. See, e.g., Miami Marinas Association, Ina v. City WMic int. 408 So.2d 615 (FIa. 3d laCA 1981.) (cnntract held to be void for failure to comply with c:oLupcUtivc bidding procedures); Ulatstein, 399 Sn.2d it 1009. The Contract is for Commercial Use Of the City's Ngteernnt PrnnerW Speedway makes the alternative argument that the City was required to follow ewnpctitivc bid procedures since the contract is one for "commercial use or management of any of the City's waterfront property," and thus encompassed by City Charter §3(fl(111). The City and Raccworks argue in opposition to this part of Speedway's motion Lind a subscqueut amendment to the City Chartcr, approved by voter referendum in Nuvmubcr 2001, deleted the reference to "commercial use end should be applied rrtrowlivoly and proulude the claim that Speedway already bad pled in this case that the contract had to be cornpctidvoly bid bused upon City Chart= §3(f)c�). 3 The plain language of City Ch=ter §29-A(d) makes competitive bid p ==hnW applicable to "disposition of any interest ... in real property owmed by the city." Acrorciinely.. it mak no difference that the interest the City owns in Bayfsoant Park is a Icing -term leasehold. -12- Raeeiwd Mar -01-02 02:10w Frog- TO -SH i 0 Pan 018 02-1066 The Court declines to accept the City and Raecworks' ar$umeat on tach of two independent grounds. First, it is not the case that deleting the words "commercial use" should result in a more limited application ofthe eompatigvc bidding requirements of d4 s Charter section. Florida courts nave recognized when called upon to interpret the sdope orc:owpudUvc bidding laws aud; - In so Ian ars they thus serves thea object ofprouctingthe public zgaingr cnllnsive entracte and prevent favoritism toward contramors by public officials and toad to secure lair competition upon equal terms to all bidders, they remove temptation on the part of public offioats to seek private gain at the twTayc is expense, arc of highly remedial character, and should receive a construction always which will fully e.ffectuaft and advance tbeir trot intent and purpose and which will avoid the likelihood ofsame being circumvented, evaded or defeated. Wester v. Belote, 138 So, 721, 724 (Fla. 1931); Marriott Corp, v. Metropolitan Dade County, 3 83 So?d 662, 665 (Fla. 3d DCA 1980). Even as runended in November 2001, City Charter §3(fl(iii) can and should be read to encompass the contract at issue here. Secondly, even if removing the words "commercial use could be interpreted as narrowing the scope of City Charter §3 (f)(iii), courts are not allowed to apply changes in statutory law that affect vested rights — and especially not in a case such as this one when the legislative body has not stated that the change is to have ret<uaetive cffzet. Young v Altenhaus, 472 So.2d 1152, 1154 (Flus 1985). In this case. for the City and Raeeworks' argument to have merit, there would have to be rciruxu ivo applic:atiun of the rwxnt change in City Charter 93(1)(IH). Tbc no -bid contract was negotiated between the City and Racewurks, tho city biauagcr wm authorized by the city Commission to execute the contract, and cvaryone did execute the contract, which thereby became a legally binding -13- Rmived Mar -04-02 02=400 Fra- TO -SH a D Pap 014 -- O G G w. and enforceable agreement, all before City (;barter §3(t)(iii) Was amended effective November 7, 2001, only after the amendment to the Charter bad been approved by voter referendum, Thin chronologywas confirmed at oral argutmeat as correct. ft. Transcript at pp. 100: 12-101:2; 231:24-232:3. r Prior to the time that the amandmant was effeativq and indocd no later than August 9, 2001,4 Spcadway already had a vested right to an opportunity to submit a bid for the eontr=t under City Charter §3(t)(iii) as it road prior to the voter referendum in N'ovembcr 2001. That vested right already was pled in counts V and VI of the Second Amended Complaint, which rcfc=cc City Charter §3(fl(iii): Speedway cannot be stripped of its vested rights by retroactive applicatiou of a subscalu=L amcmdrnent to the City Ch&- -Lcr. Evcu if the cuntrac:t wov nut a lease. It still was required to be competitively bid puisuaut to City Charter VC001i) as it road when Speedway's rights had b=uinc vested, and the: luam of the City W do so is another independent ground on w):icii ax ca uuu is void as a maucr of law. See, e.g., Munni Marine A.traciation, 408 So.2d 615; Glatstein, 399 Sold at 1009. Based upon the fcmgning, it is ORDERED and ADJUDGED that 1- SpeedwAy has standing to assert its claims and the contract is a lease. a Speedway's riSM to Compel the City to follow applicable competitive bid praeedures far this eontratt had accrued and was vested no later thanAugmt 9, 2001, on which date tha City nom wtted to entering into the contract on a no -bid basis after a wauding Speedway and all other potential bidden- Speedway's right was further conf need as vested no later than October 23, Ml. by which date the contract was fully -meed ted and binding on all parties. And, the City and Raceworks obvwusly could not divest Speedway of its already vested rights by entering into an amendment in December 2001 to what was an already &Uy =ecuted and binding contract. - 14- Rateivsd Mar -Oji -OZ O2:10aa Frog- to -SH i 0 trap 016 2. Be dum the cunuact is a lease-, tLt City was and= is "Ruiral to fuliuw competitive bid procedures applicable to leases, and the City+'s failm to do so renders the enntract void ac a matter of law. 3. Alternatively. even if the contract were not a lease, the City was requireV to follow competitive bid procedt is pnrstiant to the provisions of City Charter .§3 (f)(iiu7. The City's admitted faihar to follow any competitive bid procedures renders the contract void as a shatter of law. 4. The contract between the City and Raceworks, which is acknowledged to have been entered into without the City having complied with any of the applicable competitive bid procedures, is hereby declared null, void and of no further legal effect. S. The City is hereby directed to comply with all applicable competitive bid procedures, and thereby to give Speedway' a full and equal opportunity to submit a competing bid, and to have its bid fully and equally considered, before entering into any louse, or any contract for use of the City's waterfront property, for motor car races. 6. The City and Raceworks' cross-motions for summatr judgm=t on Counts V and VI of the Sccond Amended Complain DONE AND ORDERED this # day County, Flurid.L Conies turn_ fished to: Robot D. W. Landon, III; Bsq. Henry J. Huaaefeld, Esq. Alan T. Dimond. Esq. Received Ibr-04-02 02Mpe HOW -15- Frog- To -CH i D Pap Ol0 02-1066 i:T> J -02-490(a) 5/20/02 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY DENYING THE APPEAL BY MR. ANDRE J. ZAMORANO, ESQUIRE, OF CLASS II PERMIT APPLICATION NO. 02-007 ISSUED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of April 22, 2002, Item No. 1, adopted Resolution No. ZB 2002-0560 by a vote of seven to two (7-2), to affirm the decision issued on Class II Special Permit Application No. 02-007 by the Planning and Zoning Director on January 10, 2002, and WHEREAS, an appeal of the Zoning Board decision was filed by Mr. Andre.J. Zamorano, Esquire; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Class II Special Permit does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its 02-1066 0 inhabitants to affirm the decision of the Zoning Board and the Planning and Zoning Director and deny the appeal of Class II Special Permit as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Zoning Board to deny the appeal by Andre J. Zamorano, Esquire, of Class II Permit application no. 02-007 issued by the Planning and Zoning Director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event for the property located at approximately 401 Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is affirmed; �/and the Class II Special Permit is affirmed. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 02-1066 PASSED AND ADOPTED this day of 2002. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED --AS ZO FORM AND CORRECTNESS: ATTORNEY 6368:YMT:smg MANUEL A. DIAZ, MAYOR Page 3 of 3 02-1066 EYhi bit wA,i . CIor, 3) INTZRNAL IMPROV 4311T FUND (i DFS N0. _ 1911147 �! KNOW ALL Ms'N BY THESE PRFSENTS: D6 313c. _.t5 r? STATE FLORIDA That the undersigned. Trustees of the Internal Improvement Fund of the State of 1 a. under and by virtue of the authority of Section 233.12, Flc Statutes, 1911, and accordin- to the provisions provided f, Section 2,53.13, Florida Statutes, 19.141, and for and in con - j tion or the sum of Ten and 00/100 Dollars and other good and valuable considerations, to them in hand paid by CIiY 0? L:Ilu:I, Dade County, Florida, receipt of which is here b�,acknorrledged, have granted, bargained, sold and conveyed to the said CIT' 0^ and its successors and assigns forever, the followin- de- scribed lands, to -reit: ,1<�aeginning at the point of intersection of the Easterly production of the Cen er Line of Richiaers Street (now known as N. E. 13th Street) as shown on the Amended Plat of "RICtKkERS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the West side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty.feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N. E. 13th Street); thence run Easterly along said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N. E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as f6llows: "Thence in a Southeasterly. direction to the Southeast corner of the Southwest Quarter of the Southwest Quarter (SCi1 of SWI)' of Section 32, Township 53 South, Range 42 East 8;* Thence South- easterly along the said last described course to the said Southeast corner of the SA-} of SW -1 of Section 32, Township 53 South, Range 11.2 East; Thence run South along the -West line of the NE- of NN- of Section 5, Township 54 South, Range 42 wast to a point ei,hty feet Northerly from and measured at right an les to the Center Line of the Miami Vuuni- cipal Channel; Thence run Southeasterly following_ that course 'described in Deed Book 11F79, Page 47I as follows: Commencing at the intersection of the West Line of the NES of J9:; of Section 5, Township V 54 South, Range 42 ?Last; and a line parallel to and eighty feet Northerly from, and measured at riSht angles to the Center Line of the Miami k:uni- cioal Channel", to the East boundary of the West 34, of said Section 5; Thence run South along the East boundaz7 of the West 3/4 of said Section 5 and Section b, Township 54 South, Range 42 East, to the Northerly Line of the FEC Railway Company Channel as described in aforesaid Deed Book 1172, Page 474; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the east line of the NYJ; `of Section 8, Town- ship 54 South, Range 142 East; Thence run westerly CZo¢ 3, aion- that line described in Chapter 666 (No. 102) Laws of Florida - 1929 as follows: "Thence westerly to the Intersection of the P. do 0. S.S. Channel and the •Channel extending from the mouth of the Miami River in a Southeasterly direction", to t -he East line of Section 7, Township 54 South, Range 42 East; Thence run South along the said East line of Section 7, Township 54 South, Range 42 East to a point 2000 feet North of the South line of Section 7, -Township 54 South, Range 42 East, being that point at the teraination of the line described in Deed Book 1900, Page 355 Parcel "B" as follows: "Thence North along the East Line of said Section 7 for a distance of 2000 feet to a point"; Thence alon„ the course de- scribed in Deed Nook 1900, Pame 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet hest of the Southeast corner of said Section 7; Thence run West along the South line o; said Section 7 and the South line of said Section 7 produced Viest, to the point of intersection with the U. S. Harbor Line on the West side of Biscayne Bay; thence run Northerly alon-.the said U. S. Iiarbor Line to the point of beginning. Except therefrom the following described BAY BOTTOM LAPD AREA FOR DREDGING IN CONNECTION o:ITH PROPOSED 85 ACRE 3TJRLINGAME ISLAND. . Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the same being the Southerly line of Highleymants Subdivision as recorded in Plat Book 1, Page 184 of the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less,.* to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 1934, showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line o: Xiami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between Tormship 53 South, Ranine 41 East and Township 53 South, Ran -e 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S. E. 14th Street; thence Northwesterly 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 14th Street to the U. S. Harbor Line, the point of be -inning. And further excepting therefrom all land title to which is in private parties. TO HAVE AND TO HOLD the said above mentioned and described land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF MIAMI and its Successors and assigns forever. 02-1066 51 G AND RESERVING unto the Trustees .,f the Internal Improve nt Fund of Florida, and their -successors, an undivided three- urths interest in and title in and to an undivided three-fourths tereat in all the phosphate, minerals and metals that are or may In, on or under the said above described lands, and an undividet e -half interest in and title in and to an undivided one-half in - rest in all the petroleum that is or may be 1n or under the said ove described land, with the privilege to mine and develop the PROVIDr-M, HOFIEVER, anything herein to the contrary notwith- tanding, this deed is Given and granted upon the express condition ubsequent that the Grantee herein or its successors and assigns hall never sell or convey or lease the above described land or ny part thereof to any private person, firm or corporation for ny private use or purpose, it being the intention of this re- triction that the said lands shall be used solely for public arposes, includ).ng municipal purposes and not otherwise. PROVIDED, FLIRT i, anything herein to the contrary notwith- tandin;,, this deed is Given and granted upon the further express ondition subsequent that the Grantee herein or its successors or ssigns shall not give or grant any license or permit to any pri- ate person, firm or corporation to construct or mate by any means, ny islands, fills, embankments, structures, buildings or other imilar thincs within or upon the above described lands or any art thereof for any private use or purpose, as distinguished from ny public or municipal use or purpose. It is covenanted and agreed that the above conditions subse- t shall run with the land and any violation thereof shall er this deed null and void and the above described lands shall, uch event,. revert to the Grantors or.•t&@Lr successors. IN WITXZSS WHEREOF, the Trustees of the Internal Improvement of the State of Florida have hereunto subscribed their names affixed their seals, and have caused the seal of the "DEPART - OF AGRICULTURE OF THE STAT OF FLORIDA", to be hereunto zed, at the Capitol, in the City of. Tallahassee, on this the .h. day of February , A.'D. Nineteen Hundred and -1111iG. SEAL) Go nor (SEAL) 'Comptroller SEAL) {r Attorney General Commissioner o Agr a rd ) ' $W1e 0{ ricti'. Cmsnty Of We. dy CL&W-1 - This inst-ur..en; ays tiled for record tM_-l%-• 3t:0_Cr.-.:/%•A1 and duly trj$dti in.od 600k.,3.l.�L�_.on Pate3Gs-mit¢ �o. Y..•7ii�il.� 4 �,'XATMCRMA2$ pak Gromit cWd 02-1066 J -02-490(b) 5/20/02 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REVERSING THE DECISION OF THE ZONING BOARD, GRANTING THE APPEAL BY ANDRE J. ZAMORANO, ESQUIRE, AND DENYING CLASS II PERMIT APPLICATION NO. 02-007 ISSUED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of April 22, 2002, Item No. 1, adopted Resolution No. ZB 2002-0560 by a vote of seven to two (7-2), to affirm the decision issued on Class II Special Permit Application No. 02-007 by the Planning and Zoning Director on January 10, 2002, and WHEREAS, an appeal of the Zoning Board decision was filed by Mr. re J. Zamorano, Esquire; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the Class II Special Permit does not meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the 02-1069 general welfare of the City of Miami and -its inhabitants to grant the appeal, reverse the decision of the Zoning Board and Planning and Zoning Director and deny the Class II Special Permit as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Zoning Board to deny the appeal by Andre J. Zamorano, Esquire, of the Class II Permit application no. 02-007 issued by the Planning and Zoning Director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event for the property located at approximately 401 Biscayne Boulevard, Miami, Florida, as legally described in attached "Exhibit A," is reversed and the Class II Special Permit is denied. The appeal is granted. Page 2 of 3 02-1066 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this day of ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROV A,j O FO AND ECTNESS: VILARELLO GIrEY ATTORNEY 0040P W6369:YMT:smg . 2002. MANUEL A. DIAZ, MAYOR i� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 02 -106C EYhi bk !W' .0or-3) D8 3 )3C��5 7 INTERNAL IMPROM,4.; M Fun Sun _ r. wRIDk DMM NO. 19L1t7 - ! KNOW ALL MEN BY THESE PRESENTS: That the-under31rned, Trustees of the Internal Improvement Fund of the State of J a; f under and by virtue of the authority of Section 253.12, Flc Statutes, 1941, and accordin- to the provisions provided f, Section 253.13, Florida Statutes, 1941, and for and in can - i j tion of the sum of Ten and 00/100 Dollars and other Good and (valuable considerations, to thea in hand paid by CIMV 0? YIALI, Dade County, Florida, receipt of Which is hereb�,acknowledged, have Granted, baraained, sold and conveyed to the said CIV 0? aIAL:I and its successors and assiGns forever, the followin, de- scribes lands, to -wit: Bejinnin: at the point of intersection of the Easterly production of the Cen er Line of Richmers Street (now known as N. E. 13th Street) as shown on the Amended Plat of "RICIMERS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the West side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty -feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N. E. 13th Street); thence run Easterly alone said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N. E. 13th Street) to the point of intersection with that course described in Deed Book 301, Page 353, as f6llows: "Thence in a Southeasterly direction to the Southeast corner of the Southwest quarter of the Southwest Quarter (SV;1 of SW1)' of Section 32, Tornship 53 South, Range �2 East#; Thence South- easterly along the said last described course to the said Southeast corner of the SAl of S9* of Section 32, Township 53 South, Range 42 East; Thence run South along the- West line of the NE; of NWI of Section 5, Township -54 South, Range 42 cast to a point eiGhty feet Northerly from and measured at riZht angles to the Center Line of the Kiani Vuhi- cipal Channel; Thence run Southeasterly following, that course 'described in Deed Book 147, Page 471E as follows: Co=encing at the intersection of the \ West Line of the NEV of J';- of Section 5, Township V 5t, South, Range 42 East; and a line parallel to and eighty feet Northorly from, and measured at right angles to the Center Line of the Kiami Kuni- cioal Channel", to the East boundary of the West 3/4 of said Section 5; Thence run South along the East boundary of the Hest 3/4 of said Section 5 and Section 9, Township 54 South, Range 42 East, to the Northerly Line of the PEC Railway Company Channel as described in aforesaid Deed Book 1472, PaGe 474; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the NR;'*of Section 8, Town- ship 54 South, Ranee 42 East; Thence run Westerly 02-1066 Lic r�► �,r. r -c (2oF 3� along that line described in Chapte. 23666 (No. 102) Laws of Florida - 1929 as follows: "Th mce westerly to the Intersect -ion of the P. do O. S.S.__Channel and the•Channel extending from the mouth of= -the Miami River in a Southeasterly direction", to the East line of Section 7, Township 514 South, Range 42 East; Thence run South along the said East line of Section 7, Township 54 South, Range i42 East to a point 2000 feet North of the South line of Section 7, -Township 5!4 South, Range 42 East, being that point at the termination of the line described in Deed Book 1-00, PaSe 355 Parcel "B" as follows: "Thence North along the East Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course de- scribed in Deed Nook 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet Hest of the Southeast corner of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced nest, to the point of intersection with the U. S. Harbor Line on the West side of Biscayne Bay; thence run Northerly alone the said U. S. Harbor Line to the point of beginning. Except therefrom the following described BAY BOTTOH LAND AREA FOR DREDGING IN CONNECTION WITH PROPOSED 85 ACRE 3'JRLINCAME ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 34th Street, the same being the Southerly line of Highle13 Subdivision as recorded in Plat Book 1, Page iym�f the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less, to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 19314, showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line of wiami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between Township 53 South, RanSe L41 East and Township 53 South, Ran -e 142 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S. E. 114th Street; thence Northwesterly 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 114th Street to the U. S. Harbor Line, the point of beginning. And further excepting thCrefrom all land title to which is in private parties. TO BA67E AND TO HOLD the said above mentioned and described Land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF MIAMII and its successors and assigns forever. ! 1 0 SA G AND RESERVING unto the Trustees of the Internal Improv - t F%m- of Florida, and their• successors, an --undivided three- rths interest in and title in and to an undi-Tided three-fourths ereat in all the phosphate, minerals and metals that are or may in, on or under the said above described lands, and an undividet -half interest in and title in and to an undivided one-half in - eat in all the petroleum that is or may be in or under the said ve described land, with the privilege to mine and develop the PROVIDED, HOWEM, anything herein to the contrary notwith- anding, this deed is given and granted upon the express condition baequent that the Grantee herein or its successors and assigns all never sell or convey or lease the above described land or y part thereof to any private person, firm or corporation for y private use or purpose, it being the intention of this re- rietion that the said lands shall be used solely for public rposea, includXng =Lnicipal purposes and not otherwise. PROVIDED, FORTR✓R, anything herein to the contrary notwith- andin;,, this deed ib given and granted upon the further express ndition subsequent that the Grantee herein or its successors or signs shall not give or grant any license or permit to any pri- te person, firm or corporation to construct or mase by any means, y islands, fills, embankments, structures, buildings or other malar thin -8 within or upon the above described lands or any rt thereof for any private use or purpose, as.distinguished from y public or municipal use or purpose. It is covenanted and aGreed that the above conditions subse- ant shall run with the land and any violation thereof shall nder this deed null and void and the above described lands shall, such event,, revert to the Grantors or.•tbelr successors. IH -..IT;-,'.ESS WEMBO?, the Trustees of the Internal Improvement nd of the State of Florida have hereunto subscribed their names d affixed their seals, and have caused the seal of the "DEPART - HT OF AG -K CULTURE OF THE STATS OF FLORIDA", to be hereunto fixed, at the Capitol, in the City of. Tallahassee, on this the !nth. day of February , A.;D. Nineteen Hundred and ty-nine. SEAL) or (SEAL) Comptroller SAL) • commissioner o A 1rd ' Slat: of ilori:a. CI-Mly of Dade. This in,fi�n..en: was toed bf mord IS43 at:r_•:1.7� sad duly ua,rded in oe soak.,3,1•3a— oa Psve45f 'tnu No. Y_•Lifr.�0 L e. Lg Armco m' CIaK Ckoa cant - Pz ZONING FACT SHEET Case Number: 2002-0553 22 -Apr -02 Item 1 Location: Approximately 401 Biscayne Boulevard Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Raceworks, LLC City of Miami, Owner 2601 South Bayshore Drive 444 SW 2 Avenue Suite #100 Miami, FL 33130 Miami, FL 33133 Rep. (305) 416-1025 Zoning: PR Parks & Recreation Request: Appeal of a Zoning Board decision, which denied an appeal by Mr. Andre J. Zamorano, Esquire, of a Class II Special Permit application number 02- 007 issued by the Planning and Zoning director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event. Purpose: This will allow permanent road improvements in Bayfront Park in association with a temporary event. Recommendations: Planning & Zoning Dept.: Denial of the appeal, approval of the Class II Special Permit. Public Works: No comments. Plat and Street Committee: N/A. Miami -Dade County No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: Comply Order History: Analysis: Zoning Board Resolution: ZB 2002-0560 Zoning Board: Denial of the appeal. City Commission: Continued from City Commission of July 25, 2002. Vote: 7-2 02-1066 1 S T E E L I HECTOR ®DAV I S' The Honorable Manuel Diaz Mayor Hearing Board Division Planning and Zoning Board City of Miami, Florida 444 S.W. 2d Avenue 7th Floor Miami, Florida May 7, 2002 Steel Hector & Davis LLP 21)0 South Biscayne Boulevard Miami, Florida 33131-2398 305.577.7000 305.577.7001 Fax www.steelhector.com Gabriel E. Nieto 305.577.7083 gnieto@steelhector.com The Honorable Members of the City Commission, City of Miami Re: Request For Review: Miami Zoning Board, April 22, 2002, Item No 2002-0553 c71, Dear Mayor Diaz and Commissioners: This law firm represents Homestead Miami Speedway, LLC ("Speedway"), with respect to the appeal of a Class II permit approved on January 10, 2002 for a temporary racetrack with permanent improvements, which was heard by the City of Miami Zoning Appeals Board ("Zoning Board") on April 22, 2002. As there is no specific procedure identified in Article 20 of the City of Miami Zoning Ordinance governing requests for review of Zoning Board decisions, this letter shall serve as Speedway's formal request for review of the April 22, 2002 Zoning Board decision on Item No. 2002- 0553 pursuant to Article 20 of the City of Miami Zoning Ordinance.' A $500 filing fee and a $105 Notice fee are enclosed. Please notify us of any additional fees. ' For your convenience the pertinent portions of the permitting record are attached. A copy of the Class II Permit issued on January 10, 2002 is attached hereto as Exhibit 1 A transcript of the April 22, 2002, Zoning Board proceeding is attached as Exhibit 2. 02-1066 Miami West Palm Beach Tallahassee Naples Key West London Caracas Sgo Paulo Rio de Janeiro Santo Domingo STEELC HECTOR ®DAV I Sw City Commission May 7, 2002 Page 2 FACTUAL BACKGROUND A brief overview of the tortured history surrounding the issuance of a preferential no -bid contract to Raceworks LLC, ("Raceworks") to authorize its use of Bayfront Park as a racetrack, and the related issuance of the Class II permit for it to modify the park to this end, is necessary to understand the various defects in the Class II approval outlined herein.2 A. The Original Agreement between the City and Raceworks On August 9, 2001, the City Commission passed Resolution 01-845 authorizing the City Manager to negotiate with Raceworks an agreement (the "Original Agreement") for the use of Bayfront Park and adjacent City property as a racetrack by Raceworks.3 Thereafter, on November 15, 2001, the City Commission approved Resolution 01-1229, authorizing the City Manager to execute the Original Agreement between the City, Raceworks, LLC, and the Bayfront Management Trust.4 Pursuant to the Original Agreement, Raceworks was authorized to hold two multi -day racing events each year, with the racetrack essentially engulfing Bayfront Park. The general public is to be excluded from the park while the race and associated preparations and tear -down periods occur. The net effect is that the park would be converted to a private use as a racetrack (as opposed to a park open to the general public) for two periods of more than 10 weeks each, for the next 15 to 25 years.5 2 Many of the issues that arose in the process and the various legal proceedings that followed would have been avoided by the City simply (i) allowing others to bid for the preferential racing contract issued to Raceworks and (ii) avoiding the permanent and far-reaching impact on the continued use of Bayfront park as a public park inherent in that preferential contract. 3 The interested parties to the agreement were the City, Raceworks, and the Bayfront Management Trust. 4 A copy of the Original Agreement, executed by the City Manager on January 7, 2001, is attached hereto as Exhibit 3. 5 Pursuant to the Original Agreement, the City and the Trust granted 02-1W STEEL® HECTOR ®DAV I Sw City Commission May 7, 2002 Page 3 The use of the public property contemplated in the Original Agreement was expressly subject to any "existing and other governmental restrictions." Id. at Section 6. Further, as noted in Section 12 of the Original Agreement the "[l]icensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property . . . the City will make the necessary Initial Improvements to the Public Property that will comprise the Race course. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Section 18 of the Original Agreement states that "[t]he City shall obtain licenses, authorizations and permits from the applicable county, state and federal agencies for the improvements, modifications and maintenance that it shall perform on the Public Property that comprises the Race Course." Thus, the Original Agreement recognizes that generally applicable governmental restrictions apply to the race, and that it may not be held unless it is in full compliance with the law, including the ordinances of the City of Miami. Although obviously subject to generally applicable legal restrictions and administrative approval processes, the Original Agreement calls for the use of public property specifically for a "Race Event" and contemplates numerous improvements to facilitate such racing. "Race Event" is defined in Section 2 (k) of the Agreement as, "the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race." In addition to the Race Event Section 2 (p) of the Agreement contemplates numerous "Support Events" which include the installation of a "Racing Village," Raceworks the "right to use its Public Property to state a maximum of two Race Events a year on the Race Course and within the Race Perimeter." Original Agreement, Section 6 Further " [t]he initial term of this Agreement shall be fifteen (15) years, commencing upon the effective date of this Agreement. The Licensee shall have the option of extending the term of this Agreement for a period of ten (10) years. Original Agreement, Section 3. STEEL® _ HECTOR ®DAV I S" - City Commission May 7, 2002 Page 4 catering compound, hospitality suites, VIP club, merchandising facilities, and other related activities. All of these activities occur at least partially in Bayfront Park. To facilitate the "Race Event" and the "Support Events" the Original Agreement calls for numerous permanent and "temporary" improvements to be constructed throughout Bayfront Park. The permanent improvements (i.e., those that will be left in place between Race Events) include extensive repaving and modification of streets, curbs and gutters, removal of various types of traffic control devices and other modifications. And, this does not even begin to touch on the full scope of the work, as during each Race Event vast "temporary" improvements designed to transform the park into an automobile race course with tens of thousands of ticket -holding spectators will be installed in the park. The only thing distinguishing the permanent improvements from those that are deemed "temporary" is that the later will be dismantled and stored for some portion of the period between the semi-annual Race Events. The undisputed record evidence shows that these improvements, both permanent and "temporary," are designed specifically to convert Bayfront Park into a racing stadium and related attractions, and would no doubt become the defining use of the present park. As noted by Speedway's racing expert, Al Garcia, at the hearing, "it's very obvious that the improvements that were made to the surrounding areas and to the park itself were strictly for racing." Ex. 2, at 38. Indeed, even the review of a simple diagram of the track, such as those submitted into the record before the Zoning Board, can lead to no conclusion other than that the improvements are specifically designed to transform the park into a racecourse. As Zoning Board member Mr. Pina was quick to identify, "we're using public land where extensive improvements are being made and I don't think it's serving the general public." Ex. 2, at 43. The improvements in the park are for racing and nothing more; they simply serve no other logical purpose. B. The Circuit Court Litigation Speedway filed suit against the City and Raceworks on October 22, 2001, alleging, inter alfa, that the City improperly engaged in non-public discussions and negotitations with Raceworks regarding a proposed agreement to have Raceworks S T E E L I _ HECTOR ®DAV I S' City Commission May 7, 2002 Page 5 conduct a motor car race on City -owned waterfront property in downtown Miami.6 Speedway then moved for summary judgment on Counts V and VI of the Second Amended Complaint, on January 25, 2002. Those counts relate to the City's failure to engage in public bidding prior to entering into an agreement with Raceworks to use city waterfront property for a racecourse. As Speedway noted, the City Charter does not allow this, and expressly requires any contract for the use of such property to be awarded by public bidding. On March 4111, 2002, the Circuit Court granted Speedway's Motion and ruled that "[t]he contract between the City and Raceworks, which is acknowledged to have been entered into without the City having complied with any of the applicable competitive bid procedures, "is hereby declared null, void and of no further legal effect." See Exhibit 5, p. 15 (emphasis added).? In so holding, Judge Genden directed the City to place any contract for use of its waterfront property as a racecourse up for public bidding and declared that any such contract that failed to follow public bidding requirements would be invalid pursuant to section 3(f)(iii) of the City Charter. See Exhibit 5, pg. 12. In response to Judge Genden's order, the City of Miami, the Bayfront Park Management Trust, and Raceworks, LLC .entered into a subsequent Licensing Agreement dated April 11, 2002 (the "April 11 Agreement"). While the April 11th Agreement contains numerous cosmetic changes designed to address tangential aspects of Judge Genderi s ruling, the fundamental defect remains. The April 11th Agreement still fails to address the lack of competitive bidding which plagued the original Original Agreement. Indeed, the fundamental point of Judge Genderi s ruling was that any contract allowing for the use of the City's waterfront property to the exclusion of the general public must be submitted for public bidding. The City has simply refused to 6 A copy of Speedway's Second Amended Complaint is attached as Exhibit 4. 7 A copy of the March 4, 2002, Order is attached as Exhibit 5. Judge Genderi s ordered nullified the Original Agreement, effectively prohibiting the Special Improvements authorized in therein. Despite the fact that a Circuit Court order has declared the Original Agreement null and void, the City has continued to allow the construction of Special Improvements as identified in the voided Original Agreement. STEELp _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 6 comply with this requirement, despite the fact that it may receive a more favorable contract as a result.$ C. The Class II Special Permit Shortly after entering into the Original Agreement, on January 10, 2002, the City's Director of Planning and Zoning issued to Raceworks the Class II permit (No. 02- 007) that is the subject of this appeal. The permit authorizes both temporary and permanent improvements in Bayfront Park to facilitate the Race Events and Support Events set forth in the Original Agreement.9 These improvements, both temporary and permanent, relate directly to the racing and supporting event uses contemplated for the park. See Ex. 3, at Exhibit D. On January 25, 2002, Speedway appealed the Class II special permit. In its appeal Speedway pointed out numerous fatal defects in the issuance of that permit, which included: 1. The inconsistency of using of Bayfront Park for racing with both (i) the applicable zoning district in the City's Zoning Ordinance and (ii) the underlying future land use classification in the City's Comprehensive Neighborhood Plan; 8 Commissioner Teele recently sponsored a resolution allowing race promoters to submit proposals for unspecified additional races in the City. However, that did not address the fundamental problem of the City having failed to allow others to bid on the contract issued to Raceworks. Indeed, that contract contains numerous special accommodations, such as preferential racing dates and access to public financing that do not appear to be available to other race promoters. And, it is not clear whether the City will even allow an additional race to be held based on the submittals. 9 Special Permit No. 2002-0038, a separate Class II permit, was issued authorizing parallel improvements. Unlike the permit at issue, that authorization did not directly authorize the use of Bayfront Park for racing. 02--1066 STEEL© HECTOR ®DAV I S' City Commission May 7, 2002 Page 7 2. The fact that several provisions in the City's Zoning Ordinance require, at minimum, review as a Major Use Special Permit for the contemplated racing use in the PR zoning district; 3. The fact that the Zoning Ordinance lacks any standards under which such use can be permitted; 4. The utter failure of the Director to make the findings expressly required under the Zoning Ordinance for approval of a Class II Special Permit and the related failure of the applicant to provide the necessary information from which such findings could be drawn; and 5. The fact that Raceworks had no valid authority to use the park for racing and therefore could not be issued a permit to construct specialized racing improvements. On April 22, 2002 the January 25th appeal was considered by the Zoning Board. Item No. 2002-0553. Both the Speedway and Raceworks made arguments and presentations to the board. Raceworks did not, however, address the merits of the inconsistency with the PR zoning District or the land use classification, instead claiming that the City should simply ignore such legalisms and blindly issue the permit. Tr. Ex. 2, p.11-12. Similarly, Raceworks urged the Zoning Board not to accord any substantive consideration to the other arguments made on the basis that the Class II permit is only for "curb , gutter, drainage and paving,"10 in essence asking that the City (i) divorce those improvements from the racing use that is their sole purpose for existing and (ii) ignore the fact that the Class II permit also authorizes numerous temporary improvements such as grandstands and VIP suites that are similarly part of a racecourse." 10 Tr. Ex. 2, at 11. 11 Tr. Ex. 2, at 22. S T E E L I _ HECTOR - ®DAV I S- - City Commission May 7, 2002 Page 8 In essence, Raceworks asked the board to pretend that the permit is simply for improvements that Raceworks is making in the park, as if such work was being accomplished for no reason whatsoever. And, not stopping there, Raceworks would lead the City further down the path and have it to limit its consideration to only some of the improvements at issue. The City staff, through a presentation by Lourdes Slayzk, made comments that similarly sought to limit consideration of the substantive issues. Her primary theory was that the Class II permit was simply for "improvements" in the Park, not any particular land use, once again failing to take account of the specialized nature of the improvements, which have but one purpose. Ms. Slayzk's comments ignored the extensive temporary improvements that will be erected for each race, focusing on certain aspects of the permit to support the nonsensical theory that Raceworks is just building random improvements to the city park motivated by nothing more than civic pride and having nothing to do with a multi-million dollar Race Event. The fact that the improvements are perfectly suited to one specific type of auto -racing (the American Le Mans series), which just happens to be the type of racing Raceworks is sanctioned to conduct, is apparently treated as nothing more than mere coincidence City staff. At the hearing, the Zoning Board denied the appeal on a 7 to 2 vote. Several comments recognized that the improvements were not for the general public, and instead constituted a specialized private automobile racing use being constructed in the park. Tr. Ex. 2, at 43 and 44. And, Speedway supported this point with undisputed expert testimony which established that the improvements that were made to the park were specifically for racing. Tr. Ex. 2, at 38. Additionally, Speedway demonstrated that the improvements are specifically designed to meet the requirements of one Racing organization -- the American Le Mans series, Raceworks sanctioning body.12 This testimony also showed that were the City to 12 There are a number of sanctioning bodies that govern automobile racing, each with its own rules and regulations. A race course designed to meet the requirements of Raceworks sanctioning body (American LeMans) would not meet the requirements of other sanctioning organizations. Because each sanctioning body charges a membership fee typically in excess of one -million dollars, there is also a limit as to how many sanctioning organizations any one race sponsor will join. 02--1066 S T E E L I _ HECTOR ®DAV I S" _ City Commission May 7, 2002 Page 9 eventually entertain bids for the Race Event -- as Judge Genden has directed -- the specialized design and construction of the course would give an advantage to Raceworks. Were Speedway to be allowed to compete for the Race it would propose a far different Race Course. Indeed, this would be a requirment for it to comply with the regulations of its sanctioning organizations. The fact that the existing course was custom designed by and for Raceworks will certainly give it an unfair competitive advantage if and when the City finally allows meaningful competition for street racing in Downtown. D. Land Use and Zoning of Bayfront Park Bayfront Park is classified as Recreation use on the City of Miami Comprehensive Neighborhood Plan Land Use Map. The park is zoned PR (Parks, Recreation, and Open Space) on the Official Zoning Atlas for the City. The PR district's intent was for the establishment of "public and private parks, recreational facilities, educational and cultural facilities, marine and marina facilities, entertainment facilities, social and health related service facilities, public safety, and City of Miami administrative facilities, including authorities and agencies thereof, parkways and scenic corridors." See Section 401 Intent and Scale. Further, Section 401 identifies arts centers, museums, art galleries, restaurants, cafes, retailing, camping facilities as acceptable "conditional principal uses. " Article 25 of the Zoning Ordinance, entitled Definitions, provides general and specific definitions of uses, and it does not contain a reference to automobile racing events or any of the supporting race event uses such as those contemplated for the park and for which it was modified. In fact, there is no reference anywhere in the Zoning Ordinance to these uses nor to any analogous use. E. Issuance of the Class II Permit Section 1303 of the Zoning Ordinance, provides that no application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appear in the ordinance. It is clear from the intent provision of Article 13 governing Special Permits, that a Special Permit is required in addition to otherwise applicable zoning procedures and 02-1066 S T E E L a HECTOR ®DAV I S" City Commission May 7, 2002 Page 10 requirements. The Special Permit is intended to require special examination review, and findings in addition to the requirements of the underlying Comprehensive Plan designation and Zoning district requirements. "It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the city in connection with proposed actions particularly specified in this zoning ordinance." Section 1300. ARGUMENT I. Raceworks Has Not Secured Approval For The Race As Mandated By Section 549 of the Florida Statutes. Chapter 549 of the Florida Statutes governs automobile race meets in Florida. The statute requires that prior to the issuance of a racing permit, a municipality must determine that the person applying for the permit has the following: (1) adequate insurance to pay any damages incurred because of loss of or injury to any person or property; (2) demonstrated experience in conducting a racing event on a highway or street or in a park; (3) adequate security and necessary facilities will be provided during the racing event; and (4) demonstrated the ability to protect the health, safety, and welfare of the citizens of the municipality and those persons attending the racing event.13 The City of Miami has yet to issue a permit with specific findings that Raceworks has met the factors enumerated in Fla. Stat. § 549.08. Thus, Raceworks by applying for zoning permits, demolishing structures, repaving roads, and building a race track is violating state law. Further, the City of Miami is legislatively preempted from 13 See Fla. Stat. § 549.08. STEEL® _ HECTOR ®DAV I S" City Commission May 7, 2002 Page 11 authorizing the issuance of specialized improvements for racing until Raceworks has fulfilled the requirements mandated by state law. II. The City Of Miami And Raceworks Are Violating Circuit Court Judge Genden's Order. On March 4, 2002, Judge Genden issued an order granting Plaintiff Speedway's motion for summary judgment on counts V and VI of the second amended complaint. Judge Genderi s Order was based on certain undisputed facts: First, that the City and Raceworks entered into a contract, the Original Agreement. Second, that the City of Miami never made any attempt to solicit bids or proposals. Third, that the City Commission on August 9, 2001 approved of and authorized the City Manager to execute the contract with Raceworks pursuant to City Commission Resolution No. 01- 845. Based on these facts and its review of the pertinent documents, the Court made the following findings: 1. Speedway has standing to assert its claims and the contract is a lease. 2. Because the contract is a lease, the City was and is required to follow competitive bid procedures applicable to leases, and the City's failure to do so renders the contract void as a matter of law. 3. Alternatively, even if the contract were not a lease, the City was required to follow competitive bid procedures pursuant to the provisions of City Charter § 3(f)(iii). The City's admitted failure to follow any competitive bid procedures renders the contract void as a matter of law. 4. The contract between the City and Raceworks, ... is hereby declared null, void and of no further legal effect .... 14 14 Exhibit 5, at 13. F'i,Ci S T E E L I _ HECTOR ®DAV I S' City Commission May 7, 2002 Page 12 The contract which Judge Genden declared null and void is the same contract which upon which the Class II Special Permit is based. Thus, what the Zoning Board did on April 22, 2002 is approve a Class II permit which authorizes special improvements to facilitate a private use of City waterfront property that has been found to be prohibited by the City Charter, and thereby give life to a void contract that has been stricken by the courts. At best, the end result of the Class II permit will be that Downtown Miami will have an unauthorized and illegal private race track built upon public property to facilitate Race Events that the City has no power to allow (absent proper competitive bidding). III. A Race Course Use Is Not A Proper Subject For Approval By A Class II Special Permit. Under § 1500 of the City of Miami Zoning Ordinance issuance of Class II Special Permits is governed by regulations applying to special permits as set out in: (1) Article 13 of the City of Miami Zoning Ordinance; (2) The official schedule of District Regulations; (3) Elsewhere in the City of Miami Zoning Ordinance; or (4) Article 15. Further, all Class II Permits under Section 1514 shall be reviewed pursuant to provisions and standards contained in Article 13. The intent of Article 13 is to establish a special permit system. "It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies, or bodies of the city in connection with proposed actions particularly specified in this zoning ordinance." Section 1300. (emphasis added) Further, Section 1303 provides that "[s]pecial permits relating to this zoning ordinance shall be required only where specific provision therefore is made by this zoning ordinance. No application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appears in this zoning ordinance." Section 1303. (emphasis added) Thus 02-1066 S T E E L C _ HECTOR ®DAV I S" - City Commission May 7, 2002 Page 13 according to Article 13 and Article 15 of the City of Miami Ordinance, unless there are specific provisions in the Zoning Ordinance for the special permit, no special permit shall be accepted. The Class II Special Permit issued in this case was for a racing use that doesn't appear in the Zoning Ordinance and whose authorization was never contemplated. The fact is that a Class II permit was never intended to apply to an event which will have dramatic effects on parking, traffic, and which will bring in crowds that will reach an estimated 50,000 spectators. The Zoning Ordinance simply does not contemplate such a use and accordingly provides no applicable standards for permit review. If applicable provisions and standards do not exist to guide permit issuance, as is the case here, the permit may not be accepted or approved. See Section 1303. Indeed, the lack of sufficient standards to guide administrative decisionmaking and allow parties to determine their rights is a key defect running throughout the Class II permit approval. Any approval based on the undisciplined and standard less application of the Zoning Ordinance, in a context that was clearly never envisioned, would be constitutionally infirm even if it were allowed under the code. See Miami -Dade County v. Omnipoint Holdings Corp., 2002 WL 341654 (Fla. 3d DCA 2002); City of Miami v. Save Brickell Avenue, 426 So. 2d 1100 (Fla. 3d DCA 1983). Lastly, even if an argument could be made that neither provision applies, then Article 9 controls, which addresses "uses not specified." Section 904 states that the "default" applies when there is substantial doubt as to whether a particular use not specifically identified in the zoning ordinance is "of the same general character as those listed as permitted or conditional uses." (emphasis added). Here there is nothing specifically identified in the City of Miami Zoning Ordinance which is of the same, or even similar, character as a race track. Further, Section 904 provides that where there is substantial doubt as to whether a particular use is of the same general character as those listed as permitted or conditional, the department should consider "intent of this zoning ordinance concerning the district involved, the character of uses specifically involved, the character of uses specifically identified, and the character of the use or uses in question." However, again, nothing in the Zoning Ordinance even remotely resembles 02--1066 STEEL© _ HECTOR GDAV I S' - City Commission May 7, 2002 Page 14 a race track, let alone a race track that will cause permanent changes to the Downtown appearance. IV. Whether a Class II Permit, a Major Use Permit, Or A Permit Pursuant To Article 9 Were Issued, Specific Written Findings Are Required. All special permits, whether a Class II Special Permit or a Major Use Special Permit, require written findings and determinations concerning such of the following matters as are applicable in the case: 1305.1 Ingress and egress. 1305.2 Offstreet parking and loading. 1305.3 Refuse and service areas. 1305.4 Signs and lighting. 1305.5 Utilities. 1305.6 Drainage.15 None of these written findings have been made, nor has any information even been submitted by which many of these findings could even be made. The race track requires grand stands, repavement of roads, demolition of sidewalks, and permanent changes to Downtown. The race will close down Downtown traffic and attract thousands of people. It will also convert a city park into a highly intensive use, and require the storage of thousands of tires and other equipment, not to mention tens of thousands of gallons of fuel in makeshift structures next to the bay. Yet, there has been no consideration regarding the adverse impacts of having this type of event each year, because the Director chose to apply a prefunctary "rubber stamp" approval without even bothering to make the minimal findings required for issuance of a Class II permit. 15 Article 13 of the City of Miami Zoning Code. 02-1066 S T E E L 0 HECTOR ®DAV I S" City Commission May 7, 2002 Page 15 Es" Lastly, the application submitted by Speedway to the City of Miami for the permit only consists of maps and a application form. Thus, the City of Miami had no proper basis or representations from Speedway as to the extent of what the Class II permit was authorizing. V. A Race Event Cannot be Autorized in the Parks And Recreation ("PR") Zoning District. The City of Miami's Comprehensive Plan designates Bayfront Park as PR. Section 401 of the Zoning Ordinance regulates PR Parks, Recreation and Open Space. The sections identifies (1) major structures such as performing arts centers, museums, and art galleries; (2) supporting social and entertainment services such as restaurants, cafes, and retailing; (3) City of Miami administrative offices; and (4) Camping facilities. Again, nothing in this section even remotely resembles a race track. The closest the PR District comes to authorizing a race track is through the "conditional principal use." of the PR district. The Zoning Ordinance allows for "[m]ajor structures such as performing arts centers, museums, art galleries and exhibition space which change the character of an existing park." Section 401. But, these are so removed from automobile racing as to be wholly inapplicable.16 And, while Section 401 does have a "catch all" phrase which states "other activities which further municipal purposes as determined by the city commission," and such approval can only be made in the context of the Major Use Special Permit, not by perfunctory review as a Class II Permit.17 16 Even for these uses, the Zoning Ordinance requires approval by a Major Use Special Permit when the facilities exceed 3,000 square feet in total, which is clearly the case here. 17 Review as a Major Use Special Permits would also be required pursuant to 1301.4: "[i]t is intended that Major Use Special Permits be required where specified uses and/or occupancies involve matters deemed to be of city-wide or area -wide importance." A street race that will attract 50,000 people in one weekend, twice a year, build grand stands, close Downtown Miami two weekends a year, and which will require major construction and widening of Downtown Miami's streets, should at a minimum require a Major Use Special Permit. 02-IOCC S T E E L HECTOR ®DAV I S" City Commission May 7, 2002 Page 16 CONCLUSION The Class II Permit was issued in contravention of both the Zoning Ordinance and the Comprehensive Neighborhood Plan, and without so much as contemplating the effects of what the permit approves, much less making specific findings as required by the Zoning Ordinance. That aside, the Class 11 permit approves special improvements whose origin is from a contract/lease that has been declared null and void. And, it authorizes the conversion of a city park into a race course, for a race that has not even been approved according to the procedures set out by the Legislature. Therefore, it is clear that the Class II Special Permit was improper, the application was premature, the procedures that were followed were inconsistent with your zoning ordinance and inconsistent with your comprehensive plan, not to mention flagrantly defiant of a Circuit Court Judge's order. For these reasons we ask that you deny the Class II Special Permit. Very truly yours, Ste ect Davis LLP '1 Jorge Luis Lopez Gabriel E. Nieto Juan Carlos Antorcha MIA2001 105643v2 02-1066 CITY OF iNIAbll, FLORIDA INTER -OFFICE I IEMORANDUM Distribution below An elabe-Sanchez, Director lanning nd Zoning Department February 6, 2002 ,;L_ ;- Class II Special Permit #02-0007 Bayfront Park; Clarification of January 29,2002 Memorandum It has come to my attention that it is impossible to accomplish the necessary construction of the internal park road approved by Class II Special Permit 402-0007 within Bayfront Park and necessary to prevent harm to life and property, as set forth in my findings issued by memorandum dated January 29, 2002, without approving the associated relocation of trees located on the road. The memorandum referenced herein, dated January 29, 2002 lifted the stay on building permits associated with Class II #02-0007 based on findings associated to peril to life and property unless the work, which has already begun, is completed. By way of this memorandum, the January 29, 2002 memorandum is modified to reflect the additional finding by the Director of the Planning and Zoning Department that the relocation of the five trees located on the internal park road is required for the same reasons set forth in the January 29, 2002 memorandum. Distribution: Frank Rollason, Assistant City Manager Dena Bianchino, Assistant City Manager John Jackson, Director Department of Public Works Albert Ruder, Director Parks Department Hector Lima, Director Building Department Lourdes Slazyk, Assistant Director Department of Planning and Zoning Juan Gonzalez, Zoning Administrator Department of Planning and Zoning Teresita L. Fernandez, Chief Office of Hearing Boards Zoning Board Members 02". 1066 CITY OF MIAMI. FLORIDA INTER -OFFICE NIEMORANDUNI Distribution below -7--77- January 29, 2002 =IL_ Class II Special Permit Bayfront Park cam. .,..�.,, =-^"VCP Tannin nd Zoning Department On January 25, 2002, appeals were filed against Class II Special Permit #02-0007 (the Class II). The Class II was issued on January 15, 2002 for permanent roadway improvements on Bayfront Park in Downtown Miami. Please be advised that although there were two appeals filed for this Class II Special Permit, work has not ceased due to eminent peril to life and property (as specified in Article 18, Section 1803, of Zoning Ordinance 1 1000, as amended). The proposed work commenced prior to the filing of the appeals. The purpose of the Class II was for road reconstruction/improvements on an internal park road frequently used by the public. The work cannot cease at the moment due to life/safety hazards associated with the public use of the road and upcoming Special Event to be held in the Bayfront Park area. The Special Event is expected to draw hundreds of thousands visitors to the area in question. A large part of the activity associated with the Special Event will take place in Bayfront Park. It is a public park, and as such will draw many people, among them, children and elderly people who stand a great risk of being injured if they inadvertently come too close to the construction area. The City anticipates that the proposed work will be completed prior to the event to ensure that there is no risk of injury to event patrons. A construction fence is not an adequate safety buffer for such large crowds, therefore work must be completed in time and should not cease while the appeals are in process. By way of this memorandum, I am finding that there is eminent peril to life and property which may result by ceasing the work being conducted on the internal park road in Bayfront Park in Downtown Miami. Distribution: Zoning Board Members Frank Rollason, Assistant City Manager Dena Bianchino, Assistant City Manager Joel Maxwell, Deputy City Attorney John Jackson, Director Department of Public Works Albert Ruder, Director Parks Department Hector Lima, Director Building Department Lourdes Slazyk, Assistant Director Department of Planning and Zoning Juan Gonzalez, Zoning Administrator Department of Planning and Zoning Teresita L. Fernandez, Chief Office of Hearing Boards 02-066 S T E E D HECTOR ODAV I S` VIA HAND DELIVERY January 25, 2002 Ms. Teresita Fernandez Hearing Boards City of Miami Riverside Center 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 Steel Hector & Davis LLP 200 South Biscayne Boulevard Miami. Florida 33131-2398 305.577.7000 305.577.7001 Fax w ivi.steelhector.com Andre J. Zamorano Of Counsel 305.57 7.7052 azamoranoasteelhector. com RE: Class II Special Permit for Temporary Race Track with Permanent Improvements File # 02-0007 Dear Ms. Fernandez: This law firm represents Homestead Miami Speedway, LLC and other interested parties (collectively "Appellants") with respect to this appeal of a Class II permit approved on January 10, 2002 for a Temporary Racetrack with Permanent Improvements. As there is no specific procedure identified in Article 18 of the City of Miami Zoning Ordinance governing appeals of Special Permit Decisions, this letter shall serve as the Appellants' formal appeal of the above referenced Approval. A $500 appellate fee is enclosed, as well as a $73.50 notification fee. Please advise us if any additional fees or information are required. Facts. On August 9, 2001, the City Commission passed Resolution 01-845, authorizing the City Manager to negotiate a Revocable License Agreement (between the City, Raceworks, LLC and the Bayfront Management Trust) for the use of City owned property located in and adjacent to Bayfront Park. Subsequently on November 15, 2001, the City Commission approved Resolution 01-1229, authorizing the City Manager to execute the negotiated Revocable License Agreement ("Agreement") between the City, Raceworks, LLC and the 02-1066 Miami West Palm Beach Tallahassee Naples Key West London Caracas Sao Paulo Rio de Janeiro Santo Domingo STEEL1 _ HECTOR ®DAV I S" Ms. Teresita Fernandez January 25, 2002 Page 2 Bayfront Management Trust. Pursuant to Section 6 of the Agreement, the licensee is entitled to the temporary use of public property, subject to existing zoning and other governmental restrictions, for the purpose of conducting a "Race Event" and "Support Events" as defined in the agreement. The licensee is permitted to conduct a maximum of two Race Events annually for approximately 15 years. "Race Event" is defined in Section 2 (k) of the Agreement as, "the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race." "Support Events" is defined in Section 2 (p) of the Agreement as secondary racing series and other entertainment activities, which include having a "Racing Village," catering compound, hospitality suites, VIP club, merchandising facilities, and such other related activities permitted under the Agreement that are conducted with a "Race Event." Land Use / Zoning. Bayfront Park is designated as Recreation on the City of Miami Comprehensive Neighborhood Plan Land Use Map. The park is zoned PR (Parks, Recreation, and Open Space) on the Official Zoning Atlas for the City. The Recreation land use designation does not identify any use even remotely similar to formula one automobile racing or any of the "Race Event" uses or "Supporting Event" uses described in the Agreement. Neither does the PR District describe automobile racing events as a Permitted Principal use or as a Conditional Accessory use. Accordingly, the American Lemans Series Course Event described in the Agreement is inconsistent with the Comprehensive Neighborhood Plan and is inconsistent with the PR zoning district. Article 25 of the Zoning Ordinance, entitled Definitions, provides general and specific definitions of uses, and it does not contain a reference to automobile racing events or any of the supporting race event uses described in the Agreement. In fact, there is no reference anywhere in the Zoning Ordinance to these uses. Accordingly, a land use plan amendment is required to authorize these uses in the Recreation land use designation and the PR zoning district. 02-1066 STEEL1 HECTOR ®DAV I S` Ms. Teresita Fernandez January 25, 2002 Page 3 Despite the fact that the "Race Event" and "Support Events" are inconsistent with the land use designation for Bayfront Park and the PR Zoning district for the Park, on January 3, 2002, in violation of Section 1303 of the Zoning Ordinance, which provides that no application for a special permit shall be accepted or approved unless specific provisions for the particular special permit appear in the ordinance, the Department accepted an application for a Class II Special Permit for a temporary race track with permanent improvements. Director's Interpretation. Even assuming arggendo that the "Race Event" and "Support Event" uses were similar or substantially similar to other uses permitted in the PR Zoning District, the zoning director would have been required to follow the procedure in Section 904 of the Zoning Ordinance entitled "Determinations for Uses or Characteristics of Uses Not Specified." This provision addresses instances where there is a substantial doubt as to whether a particular use or uses not specifically identified in the Zoning Ordinance are of the same general character as those listed as permitted or conditional uses in the district. In the present case, the decision of the Director of Planning and Zoning approving a Class II Special Permit for a use not specifically authorized under either the Recreation land use designation or the PR zoning district must be reversed. It is clear from the intent provision of Article 13 governing Special Permits, that a Special Permit is required in addition to otherwise applicable zoning procedures and requirements. The Special Permit is intended to require special examination review, and findings in addition to the requirements of the underlying Comprehensive Plan designation and Zoning district requirements. Clearly the perfunctory issuance of a Class II Special Permit without even detailed conditions addressing the proposed temporary racetrack with permanent improvements results in a circumvention of the underlying zoning and land use requirements applicable to Bayfront Park. Moreover, as it relates to this application the City's Zoning Ordinance lacks sufficient standards to allow the issuance of a Class II permit. Similarly, the application utterly lacked the information required to allow the Director of Planning and Zoning to consider all of the potential impacts of the proposed use 02-1066 STEELI _ HECTOR ®DAV I S" Ms. Teresita Fernandez January 25, 2002 Page 4 and to consider relevant safeguards and conditions as required under section 1305 of the Zoning Ordinance. For all the foregoing reasons, the Appellants hereby appeal the decision of the Director of the Department of Planning and Zoning. The approval is inconsistent with the underlying land use designation and zoning district for Bayfront Park and constitutes a "Development Order" pursuant to F.S. 163.3164 that is inconsistent with the Comprehensive Neighborhood Plan. Due to the short time allotted to file this appeal and the fact that the City respond to our request for public records just yesterday, we reserve the right to amend this letter in the event that other issues pertinent to this appeal become apparent upon a more detailed review of the matter. Sincere An J. Zamorano cc: Ana Gelabert-Sanchez 02-1066 Miami Zoning Board Resolution No.: 2002-0560 Monday, April 22, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: A RESOLUTION OF THE ZONING BOARD DENYING THE APPEAL BY ANDRE J. ZAMORANO, ESQ., OF THE CLASS 11 SPECIAL PERMIT APPLICATION NO. 02-007 APPROVED BY THE PLANNING AND ZONING DIRECTOR ON JANUARY 10, 2002, IN ORDER TO ALLOW PERMANENT ROAD IMPROVEMENTS IN BAYFRONT PARK IN ASSOCIATION WITH A TEMPORARY EVENT FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A' (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED PR PARKS AND RECREATION. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Yes Mr. Charles J. Flowers Yes Mr. Joseph H. Ganguna Yes Mr. Charles A. Garavaglia Yes Ms. Ilesna Hemandez Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pins No Mr. Allan Shulman No Mr. Angel Urquiola Away Mr. Georges Williams Yes AYE: 7 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 7-2 i Teresita L. Fernandez, Executive Secretary Department of Planning and Zoning Hearing Boards Division Case No. 2002-0553 Item Nbr: 02-1066 IV It EYhib;+; -A. C1or, 3) INTERNAL IMPROVZ4331T FUND DEED NO. 191147 D8 STATE . FLORIDA KNOW ALL MEN BY THESE PRFSE:•ITS: That the undersigned, Trustees of the Internal Improvement Fund of the State of I under and by virtue of the authority of Section 233.12, FIS Statutes, 1941, and accordin3 to the provisions provided f, Section 253.13, Florida Statutes, 1941, and for and in con tion of the sum of Ten and 00/100 Dollars and other good and valuable considerations, to them in hand paid by CIIif OF YIAi::I, Dade County, Florida, receipt of which is hereb�,acknoviledged, have granted, bargained, sold and conveyed to the said CI'P'_ OF and its successors and assigns forever, the followinm de- scribed lands, to -writ: �e;innin„ at the point of intersection of the Easterly production of the Cenper Line of Richaers Street (now known as N. E. 13th Street) as shown on the Amended Plat of "RIC—CMERS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the West side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty -feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N. E. 13th Street); thence run Easterly along said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N. E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as follows: "Thence in a Southeasterly direction to the Southeast corner of the Southwest Quarter of the Southwest Quarter (Si;; of SETT)` of Section 32, Township 53 South, Range 42 East4, Thence South- easterly along the said last described course to the said Southeast corner of the SVI of Sr74 of Section 32, Township 53 South, Range 42 East; Thence run South along the. West line of the NEI of YN; of Section 5, Township •54 South, Range 42 East to a point ei.-hty feet Northerly from and measured at right angles to the Center Line of the Miami Muni- cipal Channel; Thence run Southeasterly following that course 'described in Deed Book 1472, Page 474----,, as follows: "Commencing at the intersection of the \\ West Line of the NES of JNI- of Section 5, Township V 51* South, Range 42 last; and a line parallel to and eighty feet Northerly from, and measured at riSht angles to the Center Line of the Miami kSuni- cioal Channel", to the East boundary of the iYest 3/1 of said Section 5; Thence run South along the East boundary of the West 3/4 of said Section 5 and Section g, Township 54 South, Range 42 East, to the Northerly Line of the FEC Railway Company Channel as described in aforesaid Deed Book 14720 Page 474; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the NPIl'of Section 8, Town- srip 54 South, Range 42 East; Thence run Westerly a. 66 E 6-n b#+. "A".' (2-01F�o1F 3)i along that line described in Chapter 13606 (No. 102) Laws of Florida - 1929 as follows: "Tlmnce westerly to the Intersection of the P. k 0. S.S.-Channel and the Channel extending from the mouth of -the Miami River in a Southeasterly direction", to the East line of Section 7, Township 54 South, Range 42 East; Thence run South along the said Fast line of Section 7, Township 5;4 South, Range 42 East to a point 2000 feet North of the South line of Section 7,- Township 54 South, Range 142 East, being that point at the termination of the line described in Deed Boot: 1900, Page 355 Parcel "B" as follows: "Thence North along the East Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course de- scribed in Deed Nook 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet West of the Southeast corner of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced West, to the point of intersection with the U. S. Harbor Line on the Test side of Biscayne Bay; thence run Northerly along the said U. S. Iiarbor Line to the point of beGinning. Except therefrom the following described BAY BOTTOM LAND ARF4 FOR DREDGING I1; CONNECTION VITH PROPOSED 85 ACRE BURLINGAME ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the same bein- the Southerly line of Hi`hle7man's Subdivision as recorded in Plat Book 1, Page 1814 of the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less, :to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 1931.4s showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line of Xiami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 53CO feet, more or less, along a line parallel to the Southerly production of the dividing line between Tormship 53 South, Range 41 East and Township 53 South, RanSe 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S. E. 14th Street; thence Northwesterly 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 14th Street to the U. S. Harbor Line, the point of beginning. And further excepting thgrefrom all land title to which is in private parties. TO HAVE AND TO HOLD the said above mentioned and described .and and premises, and all the title and interest of the Trustees :herein as granted to them by Section 253.12, Florida Statutes, .941, unto the said CITY OF MIAMI and its successors and assigns "orever. 02-106 11 SAV.-,; AND RESERVING unto the Trustees or t.ie Internal Improve !rent Fund of Florida, and their successors, an undivided three- +roupths interest in and title in and to an undiv1ded three-fourths ;interest in all the phosphate, minerals and metal -s that are or may 1be in, on or under the said above described lands, and an undivide( bne-half interest in and title in and to an undivided one-half in- terest in all the petroleum that is or may be in or up -der the said above described land, with the privilege to mine and develop the PROVIDED. HOWEVER, anything herein to the contrary notwith- tanding, this deed is given and granted upon the express condition ubsequent that the Grantee herein or its successors and assigns hall never sell or convey or lease the above described land or ny part thereof to any private person, firm or corporation for ny private use or purpose, it being the intention of this re- triction that the said lands shall be used solely for public urposes, includXng municipal purposes and not otherwise. PROVIDED, FURTHSR, anything herein to the contrary notwith- tandinZ, this deed i•s given and ;ranted upon the further express ondition subsequent that the Grantee herein or its successors or ssigns shall not give or grant any license or permit to any pri- ate person, firm or corporation to construct or make by any means, ny islands, fills, embankments, structures, buildings or other imilar thin5s within or upon the above described lands or any art thereof for any private use or purpose, as distinguished from ny public or municipal use or purpose. 11 It is covenanted and agreed that the above conditions subse- lOent shall run with the land and any violation thereof shall ,render this deed null and void and the above described lands shall, lin such event,, revert to the Grantors or. -their successors. li IN WITNESS WHEREOF, the Trustees of the Internal Improvement Ld of the State of Florida have hereunto subscribed their names . affixed their seals, and have caused the seal of the "DEPART - 'T OF AGR=CULTURE OF THE STATE OF FLORIDA", to be hereunto 'ixed, at the Capitol, in the City of Tallahassee, on this the nth, day of February , A. D. Nineteen Hundred and ty-nine. SEAL) Go nor r. (SEAL) Comptro er 6/Treasurer Atorney General. Comm ss o`ne of Ag r cu rd ) �\ State of florin. CM:nty of Dade. This inst•u.:.en; *ens tiled ter record and duty reCt4de'3 in•os Book_..on .. ge on Pa ?'Fite tio. I. L.9AT14CRMA:1 CWk CkWA Q -rt 02-1066 AFFIDAVIT Before me, the undersigned authority, this day personally appeared cargos A. Gimenez , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of Zoning as set out in the accompanying petition, O including responding to day to day staff inquires; $ not including responding to day to day staff inquiries in which case he/she should be contacted at (305) 416-1461 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Carlos A. Gimenez Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 ,, Applicant Signature The foregoing instrument was acknowledged before me this f tj_ day of February 20_Q2_, by Carlos A. Gimenez of City o Miami a Florida Municipal Corporation corporation, on behalf of the corporation. He he is personally own to me or has produced as identification and who did did n t ake an oath. e2Qbf, , (Stamp) Sig ,,•""u, Gia D Smith . OY n .,� :onmiWon # cc 925933 Rev. 92/05/01 -�: Expires May 23.2004 6 Owner's Name City of Miami OWNER'S LIST - Mailing Address 444 S.W. 2nd Avenue, Ste. 325 Zip Code 33130 iami, Florlaa Telephone Number (305) 416-1025 Legal Description: See attached Deed Book 313Q Page 257. Owner's Name City of Miami, as Lessee Mailing Address 444 S.W. 2nd Avenue, Ste. 325 Zip Code 33130 Miami, Plorida Telephone Number (305) 416-1025 Legal Description: See attached Dept. of Army Lease Agreement. Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address 401 Biscayne Blvd., Miami, Florida 401 Biscayne Blvd., Miami, Florida Street Address Street Address Rev. 12/06/01 Legal Description Folio No.: 01 -0100 -000 -0520 -(See Attached) Folio No.: -01-0100-000-0525 (See Attached) Legal Description Legal Description 02-1066 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: See attached Deed Book 313Q Page 257 and Dept. of Army Lease Agreement. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. City of Miami City of Miami, as Lessee 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. 401 Biscayne Blvd, Miami, Florida Folio No. 01-0100-000-0520, 0525 Carlos A. Gimenez for City of Miami Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Attorney for Owner Signature The foregoing instrument was acknowledged before me this day of Fnbrunry 20 ng by Carlos A. Gimenez of City o Miami a Florida Municipal orporation corporation, on behalf of the corporation. She is personally J*W o me or has produced aside kation and who did ( id not) ke an oath. (Stamp) `'`rP'�•, Gia D. Smit.ls :Commieaion # CC 92S Ezpiren May v 201 ' T6tu1300MR9 CO3 Rev. 12/05/01 M. n S100 T6,1M. #66�! 8 02-1000 •::LS J. .n: c. •rW`+...v,.v «w16.... w.r,Jaq,L , � 617 rNTERNAL IMPROVEsiENT FU 4;D STATE 0- i.OR Il ) '. DEED NO. 194)1.7 KNOW ALL MEN BY THESE PRESENTS: That the undersir-ned, Trustees of the Internal Improvement Fund of the State of 1 a: under and by virtue of the authority of Section 253.12, F1c Statutes, 1941, and accordin- to the provisions provided f, Section 2.53.13, Florida Statutes, 1941, and for and in con tion of the sum of Ten and 00/100 Dollars and other good and valuable considerations, to them in hand paid by CITY 07 Dade County, Florida, receipt of which is here b�,acknowledged, have granted, bargained, sold and conveyed to the said CITY OF MI1,;I and its successors and assigns forever, the following de- scribed lands, to -wit: Be;innin- at the point of intersection of the Easterly production of the Cen er Line of Richners Street (now known as N. E. 13th Street) as shown on the Amended Plat of "RICIUERS ADDITION" as recorded in Plat Book 3, Page 2, with the U. S. Harbor Line on the West side of Biscayne Bay; thence run North- erly along said U. S. Harbor Line to a point on a line four hundred and fifty -feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N. E. 13th Street); thence run Easterly along said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N. E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as follows: "Thence in a Southeasterly direction to the Southeast corner of the Southwest Quarter of the Southwest Quarter (Sp' of SFr'!)' of Section 32, Township 53 South, Rance 42 East; Thence South- easterly along the said last described course to the said Southeast corner of the SW of SP,of Section 32, Township 53 South, Range 11.2 East; Thence run South along the. West line of the NEI of NN* of Section 5, Township 54 South, Range 42 East to a point ei-hty feet Northerly from and measured at right an -les to the Center Line. of the Miami Muni- cipal Channel; Thence run Southeasterly following that course 'described in Deed Book 1472, Page 474 as follows: "Commencing at the intersection of the \ 'hest Line of the NEI of NW -1,• of Section 5, Township V 5L� South, Range 42 East, and a line parallel to and eighty feet Northerly from, and measured at right ankles to the Center Line of the Miami Muni- cipal Channel", to the East boundary of the West 314 of said Section 5; Thence run South along the East boundary of the West 3/4 of said Section 5 and Section 0, Township 511. South, Range 42 East, to the Northerly Line of the FSC Railway Company Channel as described in aforesaid Deed Book 111.72, Page 4711.; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the NWI\of Section 8, Town- ship 54 South, Range 42 East; Thence run Westerly / ti W along that line described in Chapter 13666 (No. 102) � Laws of Florida - 1929 as follows: "Thencg westerly to the Intersection of the P. & 0. S.S. Channel and the -Channel extending from the mouth of the Miami River in a Southeasterly direction", to the East line of Section 7, Township 54 South, Range 42 East; Thence run South alone the said east line of Section 7, Township 54 South, Range 42 East to a point 2000 feet North of the South line of Section 7.- Township 54 South, Range 42 East, being that point at the termination of the line described in Deed Book 1900, Page 355 Parcel "B" as follows: "Thence North along the Fast Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course de- scribed in Deed Nook 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point -2000 feet nest of the Southeast corner of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced West, to the point of intersection with the U. S. Harbor Line on the West side of Biscayne Bay; thence run Northerly along the said U. S. harbor Line to the point of beginning. Except therefrom the following described BAY BOTTOM LAID AREA FOR DREDGING, IN CONNECTION Y;ITH PROPOSED 85 ACRE BURLINGAME ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the seine being the Southerly line of Highleyman's Subdivision as recorded in Flat Book 1, Page 181} of the Public Records of Dade County, Florida, with the U. S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less,�to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, Florida, November 1934, showing Miami River, Florida, condi- tions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line of Miami River Channel and the Northeasterly pro- duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between Tormship 53 South, Range 41 East and Township 53 South, Rance 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S. E. 14th Street; thence Northwesterly 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S. E. 14th Street to the U. S. Harbor Line, the point of beginning. And further excepting therefrom all land title to which is in private parties. / TO HAVE AND TO HOLD the said above mentioned and described land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF MIAMI and its successors and assigns forever. - 0 • VING AND RESERVING unto the Trustees of the Internal Improve nd of Florida, and their successors, an undivided three - interest in and title.in and to an undivided three-fourths t in all the phosphate, minerals and metals that are or may on or under the said above described lands, and an undivide( f interest in and title in and to an undivided one-half in - in all the petroleum that is or may be in or under the said escribed land, with the privilege to mine and develop the j! PROVIDED, HOWEVER, anything herein to the contrary snotwith- !tanding, this deed is given and granted upon the express condition ;subsequent that the Grantee herein or its successors and assigns I�hall never sell or convey or lease the above described land or ZIany part thereof to any private person, firm or corporation for leny private use or purpose, it being the intention of this re- striction that the said lands shall be used solely for public ,�urposes, including municipal purposes and not otherwise. i PROVIDED, FURTHER, anything herein to the contrary notwith- standin3, this deed is given and granted upon the further express condition subsequent that the Grantee herein or its successors or �essigcns shall not give or grant any license or permit to any pri- Yate person, firm or corporation to construct or mase by any means, any islands, fills, embankments, structures, buildings or other similar things within or upon the above described lands or any fart thereof for any private use or purpose, as distinguished from any public or municipal use or purpose. It is covenanted and agreed that the above conditions subse- muent shall run with the land and any violation thereof shall ender this deed null and void and the above described lands shall, !in such event,, revert to the Grantorsor.-their successors. n IN ';vITN SS tHEREOF, the Trustees of the Internal Improvement iFund of the State of Florida have hereunto subscribed their names liand affixed their seals, and have caused the seal of the "DEPART- �IAENT OF AGRICULTURE OF THE STATE OF FLORIDA", to be hereunto !affixed, at the Capitol, in the City of. Tallahassee, on this the !I 24th, day of February , A. D. Nineteen Hundred and ty-nine. SEAL) . �• Go nor (SEAL) Comptroller oe EAL) rJeaasureeJr EAL) Attorney General f�L ) Co " one\ or Agr cu ret f State of I loris. Co:nty of Dade. da' of.. This Inst: w:;cn; .vas filed for record the..../ �t 194:9 at.1l-;ee:6j-1 and duty iaeurded in.p� iie iVo. Y..IPl..4 600k..3,1�� •on Pa¢ee---- E. p• _EnTMERMA:I Clerk Circuit C'wrt 02--+066 CITY OF MIAMI CLASS 11 SPECIAL PERMIT FINAL DECISION File No. 02-0007 To: Raceworks LLC 2601 South Bayshore Drive, Suite 1000 Miami, FL. 33130 From: Ana Gelabert, Director Planning and Zoning Department PLEASE TAKE NOTICE THAT I HAVE REACHED A FINAL DECISION ON THE FOLLOWING MATTER: Title: Temporary racetrack with permanent improvements. Address: 401 Biscayne Blvd., Downtown Final Decision: ❑ Approval Q Approval with conditions ❑ Denial FINDINGS AND CONDITIONS: The subject proposal has been reviewed for Class 11 Special Permit pursuant to Article 15, Sections 1511 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section 1511 requires explicitly that a Class II Special Permit shall be required prior to approval for development between Biscayne Bay and first dedicated right of way. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning Department has made referrals to the following Departments and Boards. • Zoning Division, Planning and Zoning Department • Downtown NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: 1 02-1066 FINDINGS • It is found that the temporary and permanent proposed works for the American Lemans Series Course (racecar event) are consistent with the character of this type of events at the proposed location in terms of size and scale. • It is found that the proposed project is partially located within the Bayfront Park boundaries and South Biscayne Boulevard. • It is found that this Class II Special Permit is only for the area located within the Bayfront Park boundaries. • It is found that approximately six (6) trees will be relocated as part of this project, but it is also found that this Class II Special Permit do not include the approval of the tree relocation plan, the tree relocation will be decided by the Bayfront Park Management Trust and will be part of the building permit process for the tree removal.. . Based on the above findings and the Considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby approved with conditions subject to the plans submitted by the applicant and on file with the Planning and Zoning Department as well as the following limitations: 1. The Class II is only for the area located within the Bayfront Park boundaries. 2. The tree relocation plan will be approved as part of the building permit process for the tree removal. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Avenue, 7"' Floor, Miami, FL. 33130. Telephone number (305) 416-2030. Signature Cin Ana Gelabe irector Planning and Zoning Depa ent 2 Date O/ tl D d I 02-1066 CLASS Il SPECIAL PERMIT ZONING REFERRAL COMPLETED BY APPLICANT V0 se 30 dg-ra iq OW R OWNER PHONE NUMBER APPLICANT APPLICANT PHONE NUMBER / FAX NUMBER ,-:�6y/ fy /�� 42� /DOd 33/3a APPLICANT ADDRESS o ur Luut • �i� 6D�� yea BUILDING PLAN APPLICATION NUMBER CERTIFICATION Michael Reinstsin Expires Jan. 27, 2004 4PRIR'ry t to the fee schedule, a fee of $ shall be requir y ,t aBmdod ce of thi la s II Permi it fees are non-refundable. V� OWNER PUBLIC NOT The bject proposal has been reviewed by Zoning Division of the Planning & Zoning Department. It is found to be in co m nce with all ap 1zoning r gulations and requires a Class II Special Permit pursuant to the above cited se ti n(s) of Ordina 1000, a amen d, the Zoning Ordinance of the City of Mi i, Flo ' a. N140 PLANS EXAMINER / DATE C S Il COORDINATOR DATE A building permit for the work proposed herein and/or a certificate of occupancy and/or certificate of use for the use proposed herein, must be obtained within one (1) year from the issuance of this special permit, at which point the subject special permit shall expire unless extended --� 02-1066 L J b DATE: IND VvINNUICATIONMOLD HA%NfLESS AFFIDAVIT RE: Property Located At -?o 1 h . 9 t s TO: City of INliami, Florida Attn: Director of Building and Zoning 444 S.W. 2"d Avenue l MiaA, FL 33130-19I0 FROi✓i: ef ovr rence property V_ l The undersigned hereby affirms that he/she is the legal owner of the above -referenced property. Further, the undersigned hereby acknowledges that shelhe has heretofore made application for an eived a roval(s) from the City of •a ', Florida, for the following,-�— a 2 -off on ( . 2 0 Ol.by (type ojpermit) (date approved) (city dept./ciry commission) on _, 2001 by (type of permit) (date approved) (city dept./city commission) In connection with the foregoing, the undersigned is hereby requesting the City of Miami, Florida, to issue a building permit for the construction of the following described improvement(s) on the property prior to the expiration of th'z'"line for the applicable appeal period(s). The undersigned understands that in connection with the above -referenced property the applicable appeal period deadline(s) for the abpve mentioned approvals islare as follows: In consideration of the City of Miami, Florida, agreeing to issue a building permit to the undersigned as herein requested, the undersigned agrees as follows: (a) Pay all actual yr estimated permit and other applicable city regulatory fees associated with the improvements prior to issuance of any building permit(s) by the City, and (b) Acknowledge it is proceeding at its own risk and hereby agrees to assume all responsibility and to indemnify and hold harmless the City in connection herewith; and , VMZMNMCATION/HOLD HAMMLESS AFIrMAVIT 02-1066 (c) Agree to immediately cease all construction on the property in the event an appeal is filed within the above stated appeal period(s); and (d) Acknowledge that nothing herein shall prejudice the City's right to impose conditions on approval which are .-required by State, County, and/or City ordinances and regulations or are otherwise necessary to insure the public health, safety, and welfare of the citizens of the City of Miami, Florida; nor shall the City be estopped from enforcing the terms of this affidavit by reason of its issuance of building permit(s); and (e) Agree that the issuance of building permit(s) to the undersigned is not a grant of any vested right whatsoever for the use, or completion of construction on the property; and (f) The undersigned hereby agrees to indemnify, defend, and hold harmless the City from any claims, demands, liabilities, loses, causes of action of any nature whatsoever arising out of or in connection with the permits) issued or any part thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim or in the invesrigation thereof. --a STATE OF FLORIDA) COUNTY OF DADE ) The foregoing instrument was acknowl efore me this day of 2 u 01. He/she i rsonally 9�o��w�no me or has produced as identification and did i no oath. v Michael Reinstein ommission * CC SNO61 `- •$' pim Jan. 27, 20044 &at Go., tie. 2 MLrMNIFICATIONBOLD E A LMLW AFFIDAVIT Name: Notary Public -State of Florida Commission No: My Commission Expires: ®2"'066 CITY OF MIAMI CLASS Il SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAMEv ABUTTING PROPERTY ADDRESS �l C/z� .3isv cp/�7 �000/ APPLICANT APPLICANT A00RESS 3L / CITY, STATE CODE.,: You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION This project will be reviewed for approval for a Class 11 Special Permit: consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 3rd Floor. For an appointment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The Final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2"d Avenue, 7" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :s The Zoning Ordinance of the City of Nliami requires that all abutting properly owners be notified of Class 11 Special Permit applications as set forth in Section 1501. 02--1066 CITY OF MIAMI • PLANNING & ZONING'DEPARTMENT 444 SP1 Z`AVENUE. 3"O FLOOR MIAMI. FL 33130 PHONE (305) 416-1400 CITY OF MIAMi CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME -y 47Lv ABUTTING PROPERTY ADDRESS APPLICANT APPLICANT ADDRESS CITY, STATE CODEw. �� 3 i3 You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class Il Special Permit under the provisions of Articles 13 and 15 of the City of Nliami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY !ONING DESIGNATION ,TURE OF APPLICATION This project will be reviewed for approval for a Class 11 Special Permit: consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 31 Floor. For an appointment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning 'Ordinance 11000. as amended. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2"° Avenue, 7" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :t The Zoning Ordinance of the City of 144iami requires that all abutting property 0111ners be notirred of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI • PLANNING & ZONING- DEPARTMENT 4s4 Sy'/ 2"' AVENUE. 300 FLOOR I611AMI. FL 33130 PHONE (305) 416-" . 1066 CITY OF MIAMI CLASS II SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME XOeel ABUTTING PROPERTY ADDRESS APPLICANT APPLICANT ADDRESS CITY, STATE CODES You are hereby notified' that an application will be submitted by the above to the Director of the City of Nliami Planning 8r Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION This project will be reviewed for approval for a Class Il Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2nd Avenue, 3r4 Floor. For an appointment. please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2" Avenue, 7'" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :s The Zoning Ordinance of the City of Itifiami requires that all abutting property owners be notiired of Class 11 Special Permit applications as set forth in Section 1501. 2--1066 CITY OF MIAMI - PLANNING & ZONING DEPARTMENT ass Syv <•" AVENUE. 300 FLOOR 1611Av11. FL 33130 PHONE (305) 416-1400 CITY OF MIAMi CLASS II SPECIAL PERMIT NOTIFICATION LETTER (JOTIFICATION TO: ABUTTING OWNER NAME /vf„t� GLC ABUTTING PROPERTY ADDRESS 1. �20 f ell APPLICANT .cA� APPLICANT ADDRESS CITY, STATE CODE S /%/ .3 You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class 11 Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: S NG DESIG NA This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2n1 Avenue, 3'' Floor. For an apecintment, please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board. pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000. as amended. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7`" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :s The Zoning Ordinance of the C&I of AAiami requires that all abutting property ov.,ners be notified of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMi - PLANNING & ZONiNG-DEPARTMENT 444 Sb'! 2 " AVENUE. 340 FLOOR. MIAMI. FL 33130 PHONE (305) 416-1400 CiTY OF MIAMi CLASS II SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS S lv APPLICANT j APPLICANT ADDRESS 3 / �/x CITY, STATE CODE,,w You are hereby notified' that an application will be submitted by the above to the Director of the City of Nliami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Nliami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY '-ONiNG DESIGNATION 4TURE OF APPLICATIO This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans -and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 44.4 SW 2" Avenue, 31 Floor. For an apccintment. please call at (305) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal: however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, 7°" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance of the Cih/ of Mliami requires that all abutting property owners be notified of Class 11 Special Permit applications as set forth in Section 1501. 02 066 CITY OF MIAMI • PLANNING & ZONING DEPARTMENT 444 SN 2" AVENUE. 340 FLOOR. 1611AMS. FL 33130 PHONE (305) 416-1400 .CITY OF MIAMI CLASS Il SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME ABUTTING PROPERTY ADDRESS _ I APPLICANT APPLICANT ADDRESS 3 / n CITY, STATE CODE1r„� `,- You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class II Special Permit under the provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPE ZONING DESIGNA NATURE: OF APPLIC This project will be reviewed for approval for a Class II Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2n1 Avenue, 31 Floor. For an apecintment. please call at (303) 416-1400. The Planning & Zoning Department will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000, as amended, within fifteen (15) days of the date of issuance by riling a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2n° Avenue, T" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. :t The Zoning Ordinance of the City of Nliami requires that all abutting property owners be notified of Class Il Special Permit applications as set forth in Section 1501. CITY OF MIAMI - PLANNING & ZONING DEPARTMENT Oji 2— AVENUE. 3"0 FLOOR MIAMI. FL 33130 PHONE (305) 416-1400 02-1066 `'' CITY OF MIAMI CLASS 11 SPECIAL PERMIT NOTIFICATION LETTER NOTIFICATION TO: ABUTTING OWNER NAME / /V L ABUTTING PROPERTY ADDRESS APPLICANT APPLICANT ADDRESS CITY, STATE CODE j ,3 Z You are hereby notified' that an application will be submitted by the above to the Director of the City of Miami Planning & Zoning Department for approval of a Class II Special Permit under the Provisions of Articles 13 and 15 of the City of Miami Zoning Ordinance, for the following proposal: SUBJECT PROPERTY ZONING DESIGNATION NATURE OF APPLICATION This project will be reviewed for approval for a Class 11 Special Permit; consequently the Planning & Zoning Department will have on file all documents, plans and supporting materials pertaining to this proposal. Should you wish to review this file, it will be made available to you after submittal and upon your request at the City of Miami Riverside Center, located at 444 SW 2"1 Avenue, 3rd Floor. For an appcint-~ent, please call at (305) 416-1400. The P!annir,g & Zoning Department will take into consideration any comments you may have about the proposal; however, such comments will not be binding upon the Director's decision. The final decision of the Director may be appealed to the Zoning Board, pursuant to provisions set forth in Article 18 of Zoning Ordinance 11000. as amended, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards located at 444 SW 2"d Avenue, 7'" Floor, Miami, FL. 33130. For an appointment, please call (305) 416-2030. The Zoning Ordinance of the City of /Miami requires that all abutting property owners be notified of Class 11 Special Permit applications as set forth in Section 1501. CITY OF MIAMI • PLANNING & ZONING DEPARTMENT O 2 - I 4144 S'01 `"" AVENUE. 3"O FLOOR. MIAMI. FL 33130 PHONE (305) 416-1400 M PIRC SECURITY Ar -TON L SCR MOD +/- - PAGE 1 020G_,464 BUILDING ANC NING RECEIPT PROCESSING (21) RECEIPT NO 02003464 DATE 01/09/2002 WAIVED N PERMIT NO NAME RACEWORKS LLC/'�4'.5 / -c-" ADDRESS 401 BISCAYNE BLVD, MIAMI PHONE 305 8592050 COMMENTS CL II 2002-0007 MAINTAINED BY: EMP FEES /C/D TYPE CLASS SUB DESCRIPTION UNIT TYPE UNITS R 140 003 CLASS II PLANNING PERMIT 150.0000 SUBSID 000000000 CLASS II PLANNING PERMIT FEE 150.00 SUBSID SUBSID SUBSID SUBSID SUBSID RECORD ADDED... PLEASE CONTINUE 'inil..7.' :4 -JrL fT3-: i Ci� i •3: •9 �r S �. -• ' pmir. - FEE FEE FEE FEE FEE ----------------- TOTAL 150.00 02-1066 JC Antorcha - 042202ZB. 1 Pa a -461 12 stenotype notes of the proceedings. 13 14 Dated this day of 15 2002. 16 17 18 19 20 JOANNE FIEGER, CSR, RMR, CRR 21 22 23 24 25 02-1066 JC Antorcha - 042202ZB.V1 Page 1 1 1 MIAMI ZONING BOARD 2 3 4 Item No. 2002-0553 5 6 7 City Hall, 3500 Pan American Drive Dinner Key, Miami, Florida 8 Monday, 8:00 p.m. Apri122, 2002 9 10 11 MEMBERS OF THE BOARD: 12 Chairperson Ileana M. Hernandez Charles Garavaglia 13 Allan Shulman Joseph Ganguzza 14 Charles J. Flowers Georges Williams 15 Juvenal Pina Humberto J. Pellon 16 Fredric B. Bums Yamile Marrero-Trehy, City Attorney 17 Erica Wright, City Attorney Terisita L. Fernandez, City Clerk 18 19 ALSO PRESENT: 20 Lourdes Slazyk Gabriel Nieto, Esq. 21 Lucia Dougherty, Esq. 22 23 24 25 JC Antorcha - 042202ZB.V1 Pa e2. P4 1 MS. FERNANDEZ: We are going to item No. 1? 2 CHAIRPERSON HERNANDEZ: Now we're going to item 3 No. 1. 4 MS. FERNANDEZ: Approximately 401 Biscayne 5 Boulevard. This is an appeal by Andre J. Zamorano of 6 the Class II special permit application No. 02-007 7 approved by the Planning and Zoning Director on 8 January 10, 2002, in order to allow permanent road 9 improvements in Bayfront Park in association with a 10 temporary event. 11 CHAIRPERSON HERNANDEZ: Lourdes, please. 12 MS. SLAZYK: Thank you. This an appeal of a 13 Class II special permit for — basically Class II 14 special permit was not for a use. The use in the 15 park was under a separate City Commission approval. 16 And if you read the appeal that was filed on this 17 item, the appeal really talked to the use issues and 18 whether it's appropriate or consistent with the land 19 use for a race use in the park. But that's not what 20 the Class II special permit was for. 21 The Class II special permit was for physical 22 work, physical improvements in the park. Tree 23 relocation, the roadway and the sidewalk relocations 24 and the work that was going to be associated with an 25 event in the park. But the event was not a subject A9-10 JC Antorcha - 042202ZB.V1 Page 3 3 1 of the Class 11 special permit. Therefore, the 2 Planning and Zoning Department granted the Class II 3 special permit finding that the work was appropriate 4 for the park, it was not inconsistent with the plan 5 for the park and it would actually allow for more 6 flexibility for uses in the park. 7 So we stand by our Class II special permit and 8 recommend denial of the appeal. 9 CHAIRPERSON HERNANDEZ: Thank you. Name? 10 MR. NIETO: Thank you. Gabriel Nieto, 200 South 11 Biscayne Boulevard on behalf of Homestead -Miami 12 Speedway. 13 Before I begin, let me address the comments 14 made. You have a permit that's for temporary and 15 permanent improvements that essentially convert the 16 park into a race course. They're very specialized 17 improvements and I don't see how you can draw a 18 distinction between those improvements and the use. 19 And as far as I know, there hasn't been any other 20 approval from the Planning and Zoning Department or 21 any other department for — 22 CHAIRPERSON HERNANDEZ: Whose handing this out? 23 On whose behalf are you handing this out? You're 24 with him? 02-1066 y JC Antorcha - 042202ZB.V1 Pa e 4 25 This is for now? 4 1 MR. NIETO: It's not as bad as it looks. 2 CHAIRPERSON HERNANDEZ: You're not kidding. You 3 want us to read all this now and make a decision 4 based on this now? Are they pictures? 5 MR. NIETO: There are pictures. 6 CHAIRPERSON HERNANDEZ: 7 MR. NIETO: There are pictures and a map. 8 CHAIRPERSON HERNANDEZ: Okay. 9 MR. NIETO: Getting back to my point. I don't 10 see how you can separate the use from the 11 improvements. The improvements are there for racing 12 use in the park and they're going to, according to 13 their contract with the City, which is in the package 14 of materials that was handed to you, they're going to 15 use this park for racing potentially twice a year for 16 the next 25 years. And I think that is a — it is a 17 use that's being made of the park and that's clearly 18 what was authorized and therefore, I think our 19 arguments are directly on point. 20 We've filed an appeal that raises several 21 arguments. I don't want to go into each one in 22 detail. There are several points that we've made. 23 But I would like to give you an overview of our 02-1066 JC Antorcha - 042202ZB.V1 Page 5 24 argument. 25 I'd also like to reserve some minutes for ;1 1 rebuttal, if I may. 2 The materials that you were just handed were a 3 compilation of exhibits we'd like to move into the 4 record. The first item is a map which is the same 5 one that's up on the easel. It shows the race 6 course, just to give you a feel for the extent to 7 which it engulfs the park and how it really converts 8 the park into a racetrack. 9 And the second tab you'll have a series of 10 photographs that do basically the same thing. They 11 show the level of modification that's been made. 12 The remainder are various legal documents that 13 I'll walk through as I go. 14 Before going into any of them, I think there's a 15 threshold issue that you all need to consider. And 16 that is that they're using this park for racing 17 originally when they applied for this under a 18 contract between Raceworks and the City of Miami that 19 was declared null and void by a court in litigation 20 that we filed. And in doing that the Court, A, 21 declared their contract null and void, and B, said 22 that the City cannot allow them to use this park for JC Antorcha - 042202ZB.V1 Pa e 6 23 racing unless and until they put that up for public 24 bidding. And that has never happened. 25 Now, the City and Raceworks have negotiated a 6 1 new agreement and so on, but it still uses the park, 2 which is what this Class II permit is for, and it's 3 exactly what the Court said they could not do. So 4 our position is that they do not have any right to 5 make use of the park and therefore have no right to 6 even apply to you in the first instance to make 7 improvements for racing for a use that was 8 specifically prohibited in a court order. 9 And in the packet there's a series of materials 10 which gives you some history of the litigation. The 11 Court entered the order voiding the agreement, they 12 at one point appealed. They then relinquished the 13 appeal and essentially took it back to the trial 14 court under their new contract, but the judge's order 15 still stands and they've never complied with it. And 16 because theyve never put this up for bid, we feel 17 they don't have any right to apply to you at all. 18 Moving on to the core of planning and zoning 19 issues. 20 Actually, one more threshold matter to make. 21 Chapter 549.08 of Florida Statutes, which is also in 02-1066 JC Antorcha - 042202ZB.V1 Page 7 22 the packet of materials we handed to you, requires a 23 city that wishes to authorize racing follow some very 24 specific procedures and to make some very specific 25 findings. That has never happened. It may happen in 7 1 the future, but at this point as we stand here today, 2 it has not. And it's our position that the City 3 cannot issue authorizations for specialized 4 improvements for racing use until that occurs. It's 5 legislatively preempted. 6 Now moving on to the more specific zoning 7 matters. 8 Section 1500 of the zoning ordinance makes clear 9 that a Class II special permit only applies to uses 10 that have provisions in the zoning code that provide 11 criteria before you apply. Similarly Section 1303 12 provides that no special permit is to be accepted 13 unless specific provisions appear for it in the 14 zoning ordinance. 15 What you have here is a permit authorizing a 16 racing use that was never contemplated; that appears 17 nowhere in the zoning ordinance; and would it have no 18 standards under which to issue. It just simply was 19 never thought of. And we feel that the lack of 20 standards in and of itself requires that you deny JC Antorcha - 042202ZB.V1 Pa e 8 21 this permit. 22 And keep in mind that this is a very intensive 23 use. This is not simply using the park for one 24 weekend for a concert. They're going to make 25 temporary improvements. According to their own 8 1 marketing materials, they're going to draw 40 or 2 50,000 people, spectators for a three day race 3 weekend twice a year potentially for the next 25 4 years. That number, by the way, is four times that 5 the ERI threshold if you were building some kind of 6 permanent attraction. 7 So it's very intensive use. It's going to going 8 close the City streets, and yet you've got almost the 9 most cursory review you can imagine by the City using 10 this Class II special permit which was never intended 11 to authorize this kind of use. 12 In fact, if you look in the zoning code at the 13 PR zoning district, parks and recreation zoning 14 district which governs this park, it provides — 15 first of all, it provides a set of principal uses 16 that clearly do not apply to racing. Public or 17 private parks, open spaces and recreational 18 facilities. None of that could possibly authorize a 19 race course. 02-1066 JC Antorcha - 042202ZB.V1 Page 9 20 If you go to the conditional uses, the closest 21 thing that exists is the provision that allows, and 22 I'll quote this for you, "Other activities which 23 further municipal purposes as determined by the City 24 Commission." That's all well and good and 25 potentially that could apply. The problem is that — 0 1 actually there are two problems. A, that has to be 2 approved by the City Commission initially, and B, it 3 has to be in the context of a major use special 4 permit. Not a Class II permit. 5 So even if the PR zoning district itself 6 recognizes that when you're going to use — when 7 you're going to make use of a park for things that 8 were never contemplated, you have to have a serious 9 level of review. You can't just give it a cursory 10 review like you're going to have one single concert, 11 have a few folks in the park, put up a tent and 12 leave. And this is something that's going to — it's 13 going to permanently alter the character of this 14 park. And we feel very strongly, at the very least a 15 major use special permit should have been used. 16 And keep in mind also along the same, section 17 904 of the zoning ordinance has a procedure that 18 applies for when you're going to approve a use that 02--1066 JC Antorcha - 042202ZB.V1 Pae 10 19 was not contemplated. It requires a specific 20 determination by the director. That was never done 21 either. This, again, just slid through under the 22 most cursory review you could possibly imagine. 23 Along the same line, your comprehensive plan 24 designates this park as a recreation land use. 25 There's nothing in that plan that could possibly be 10 1 read to authorize it to be converted into a racetrack 2 to have motor sports and have cars running through at 3 150 miles an hour for two major events vents a year 4 for the next 25. 5 And finally, procedurally, even if -- even if 6 you could use a Class 11 special permit, even if the 7 zoning allowed, even if the comprehensive plan 8 allowed, when you issue a Class II special permit 9 there are specific written findings that Section 1305 10 of your zoning ordinance requires that director make. 11 Findings regarding ingress and egress, findings 12 regarding parking. Keep in mind you're talking about 13 40,000, 50,000 spectators. That's a huge number of 14 cars. Findings regarding general adverse impacts. 15 None of these appear on the permit. I don't see them 16 anywhere. And I think for all those reasons this 17 Class If special permit was improper, they were not a 02-1066 JC Antorcha - 042202ZB.V1 Pa ell 18 proper applicant, the procedures were not followed, 19 inconsistent with your zoning ordinance, inconsistent 20 with your comprehensive plan, and we ask that you 21 deny it. Thank you. 22 CHAIRPERSON HERNANDEZ: Thank you. 23 Yes, Lucia. 24 MS. DOUGHERTY: Good evening, Madam Chair, 25 members of the Board. Lucia Dougherty with offices 11 1 at 1221 Brickell Avenue here today on behalf of the 2 applicant which is Raceworks and, of course, the City 3 of Miami is the owner of the park. 4 First of all, to reiterate what Lourdes says, 5 this is not a permit for the use of a race event. 6 This is a permit for curb, gutter, drainage and 7 paving. That is simply what has transpired. 8 And there are three reasons why I don't think 9 that you can actually rule on their position. In 10 fact I think you ought to dismiss the case outright. 11 First of all, they have no standing. They 12 haven't even alleged any standing that they could 13 possibly have. 14 There is this — the issue is actually moot 15 because the work has been completed. 16 And thirdly, and most of all, there is nothing 02-1066 JC Antorcha - 042202ZB.V1 Pac a 12 17 in their appeal upon which you can rule. 18 They first of all said that the PR zoning 19 doesn't allow a race event. Well, that's not 20 something that you can rule upon on a Class II 21 permit. That is a -- and the way that your code is 22 set up, you have the zoning administrator who makes 23 decisions with respect to interpretations of zoning 24 law and what uses are permitted, and you have the 25 planning director who decides whether or not a Class 12 1 II or makes determinations, not interpretations. 2 In this case, the zoning administrator made an 3 interpretation on January the 9th and said that this 4 use and this activity is permitted under the zoning 5 code. That interpretation was never appealed within 6 15 days as required by your zoning law. And 7 therefore, they cannot raise this as a use at this 8 time under this Class II appeal which only deals with 9 again, curb, gutter, drainage and whether or not 10 there's adequate access, whether or not the use -- I 11 mean, whether or not the permits and the activity 12 that is occurring in terms of drainage, paving, et 13 cetera, is adequate for this park activity. 14 Secondly, they say that there has to be a 15 director's determination. That is the zoning — that 02-"1066 02-1066 JC Antorcha - 042202ZB.V1 Pae 13 16 is the planning director's determination as opposed 17 to what has occurred here by the director issuing a 18 Class II permit. We don't need a planning 19 department's determination if the zoning 20 administrator has already interpreted that this is 21 something that is permissible. 22 Thirdly, they say that your ordinance is 23 ineffectual and therefore because it lacks standards, 24 and that's not something that you can make a 25 determination on. It's not even something that the 13 1 planning department can make a determination on. So 2 how can they appeal that determination to you when 3 that's not something that they're authorized to make 4 an interpretation or determination on in the zoning 5 ordinance? 6 And lastly, they have said that this violates 7 the comprehensive plan, and they call it a 8 development order pursuant to 163.3164, and if that's 9 the case, the only way and the sole remedy is to file 10 an action in Circuit Court to overturn that or to 11 challenge the comprehensive plan and that is 163.3215 12 (B). So there is absolutely nothing in this appeal 13 upon which you can make a determination. 14 Secondly, under that Chapter 163, and I only JC Antorcha - 042202ZB.V1 Pae 14 15 bring this to your attention because it actually 16 defines what an aggrieved and affected party is. And 17 I'm going to read this to you because it goes along 18 with exactly what the courts have also determined how 19 you determine whether somebody has standing. 20 It says, "Aggrieved and adversely affected party 21 means someone, some person or local government which 22 will suffer an adverse effect to an interest 23 protected or furthered by the local government 24 comprehensive plan, including interests related to 25 health and safety, police and fire protection service 14 1 systems, densities, intensities of development, 2 transportation facilities, health care facilities, 3 equipment, et cetera." 4 And then it says, "The alleged adverse interest 5 must be shared — may be shared in common with other 6 members of the community at large, but shall exceed 7 in degree the general interest in the community good 8 shared by all other persons." 9 And that happens to be exactly what the courts 10 have also said. In order to have standing in this 11 kind of matter, you have to have something special. 12 These folks are from Homestead. They have no 13 interest in this property or anything around it. And 02— IN 14 in fact, it's very interesting to hear them say this 15 evening that you shouldn't be allowed to run a race 16 in it because in their court lawsuit they've been 17 saying that they want — in order to have standing in 18 their lawsuit, they've been saying that they want to 19 also compete and have a race in the park. 20 So they've been saying two things out of both 21 sides of their mouth for now months. And we would 22 only ask that you at this time dismiss this case. 23 And furthermore, it is moot. The work is 24 already done. 25 Thanks very much. 15 1 MR. NIETO: Allow me to address a couple of 2 things, if I may. 3 CHAIRPERSON HERNANDEZ: Pardon me? 4 MR. NIETO: May I address a couple of things? 5 CHAIRPERSON HERNANDEZ: Certainly. 6 MR. NIETO: Let me address the mootness point 7 first because it's the easiest one. 8 We filed our appeal days literally, slightly 9 over week after the permit was issued. They came up 10 the first time and asked it to be deferred. It was 11 improperly advertised for. The second hearing the 12 City asked that it be deferred. In the meantime, 02 1066 JC Antorcha - 042202ZB.V1� Pae 16 13 they've gone and continued work under what I consider 14 to be a very specious argument that the work was 15 needed for health and safety reasons, fife, health 16 and safety reasons. 17 It's interesting. They originally were going to 18 run the race in April. They got the City to issue -- 19 to make that determination based on the argument that 20 if the work wasn't continued expeditiously, the race 21 would be dangerous. 22 They then moved the race back to October taking 23 away the so-called emergency but kept on doing the 24 work. 25 Essentially what theyre trying to do is say, 16 1 "We've run the clock, you don't get a right to be 2 heard, because we can build faster than you get the 3 matter heard." 4 1 think it's specious and I encourage you not to 5 follow that. 6 On the issue of standing, I think it's ironic 7 that they talk about what the courts have held 8 because a court has, in fact, reviewed the standing 9 of these two parties. We sued them and the City 10 regarding what we consider to be an improper 11 agreement. The first thing out of their guns was 02-1090 4 JC Antorcha - 042202ZB.V1 Pa a 17 12 standing, saying that we could not challenge their 13 contract with the City. And what the Court found, it 14 found very specifically, it's in the court order in 15 your materials on pages 5 and 6, was that we were 16 qualified bidders to conduct racing in downtown 17 Miami; that if we'd been given the chance, we would 18 have conducted racing in downtown Miami; and that 19 that interest is enough to give us standing. 20 Now, how does that relate to zoning and what's 21 before you? Mr. Al Garcia from International 22 Speedway Corporation is here. I'm going to call up 23 him up. He'll testify that what they're building, 24 these specific improvements are very specialized type 25 of race course. They're specifically created for a 17 1 specific type of racing. Type of racing that they 2 do. Once this is built — now that it is built — it 3 essentially locks out other types of racing. 4 The way it works is there are several 5 sanctioning bodies that allow racing. They all have 6 their own rules. The way for the streets, the kinds 7 of curbs they use, et cetera. They designed the 8 track in sort of a way it has the effect of 9 precluding other types of racing from being 10 conducted. And I think that very clearly gives us 02"1066 JC Antorcha - 042202ZB.V1 T Pa a 18 11 standing because just as the City we feel improperly 12 locked us out by not putting this up for bid, they're 13 trying to do the same thing by building a race course 14 that's meant to suit them and will give them a 15 competitive advantage whenever somebody goes to bid. 16 And on the issue of us -- 17 CHAIRPERSON HERNANDEZ: Did your people have a 18 better offer? 19 MR. NIETO: We were never asked if we had an 20 offer and that's our whole point. If we would have 21 been asked, we would have made an offer and the City 22 could have a made a decision as to whether ours or 23 theirs was better. 24 CHAIRPERSON HERNANDEZ: That's a shame. 25 MR. NIETO: And on the issue of racing in the 18 1 park, if we had been given a chance, we would have 2 proposed a racetrack that looks far differently from 3 this. 4 CHAIRPERSON HERNANDEZ: That's why the City 5 always in trouble. 6 MR. NIETO: We were never given that 7 opportunity. 8 We feel that as this has gone forward, it's had 9 the effect of simply trying to lock us out of racing 02.1066 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 in downtown and of competing for this special deal that they've gotten. And I would like to let Mr. Garcia address very quickly the issue of the specialized nature of this use just for the record, if I may. MS. DOUGHERTY: Madam Chair, this is outside of the scope of my rebuttal. MR. NIETO: You raised the issue of standing and this is directly related to standing. So it is rebuttal, its direct rebuttal. CHAIRPERSON HERNANDEZ: I've just been told by the attorney that on April 11th Commissioner Teele invited your group to appeal — I mean, to bid and you haven't done anything? MR. NIETO: He did not actually. He invited us to bid generally. Commissioner Teele made it very 19 clear that we could not compete for this specific race; that they would get first choice of race weekends; that this track can be built, and that we can then submit a bid for some other race --- CHAIRPERSON HERNANDEZ: How many races do we have in the City of Miami? We're not that big. MR. NIETO: That's the point. That's exactly the point. 02-1066 JC Antorcha - 042202ZB.V1 Pa a 20 9 CHAIRPERSON HERNANDEZ: You're sure? That's not 10 what the attorney is telling me. 11 MR. NIETO: I am sure. I was there. My 12 partners who are here were there. That is exactly 13 what was said. And there was a resolution passed by 14 the City -- 15 CHAIRPERSON HERNANDEZ: If we leave here tonight 16 and I can get -- Charlie, why don't you call 17 Commissioner Teele and ask him if they invited them 18 to bid. 19 MR. FLOWERS: I heard the whole conversation at 20 the commission meeting and that is not before us. 21 CHAIRPERSON HERNANDEZ: I'll tell you why. 22 Because if he is saying that he is not being allowed, 23 that their group was not allowed to bid, I'm just 24 really worried because this is something that if it 25 would be good for the City and have more money and 20 1 he's saying the City is saying no — 2 MR. NIETO: Let me make this very clear just so 3 1 don't misstate the intention of my prior comments. 4 Commissioner Teele proposed a generic invitation 5 to bid for racing in Miami. But it was made very 6 clear that we could not compete for their race dates; 7 that we would not get the specialized — this is W4 -x.066 JC Antorcha - 042202MV1 Page 21 8 really going outside the scope of this, but just so 9 you understand, that we would not get the same kind 10 of accommodations that they got. And the Court in 11 our opinion said that we get to compete their for 12 race. We don't get to compete for some other race 13 that's potentially not as good of a deal. 14 MS. DOUGHERTY: You don't get to compete for 15 this one date in October of this year. He made it 16 clear that you can compete for any other October date 17 in any other year. 18 MR. NIETO: Not to get completely — 19 MR. GANGUZZA: Mr. Flowers, these are issues 20 that really are outside and not before us. 21 CHAIRPERSON HERNANDEZ: Okay. Bring — who else 22 would like to speak on this item, please? 23 MR. NIETO: I'd like to bring you up Mr. Garcia 24 for just a few minutes to talk about the specialized 25 race course. 21 1 CHAIRPERSON HERNANDEZ: Okay, Lourdes, while he 2 speaks to Mr. Garcia I have to ask you, why not a 3 major use like he was saying? 4 MS. SLAZYK: Okay. The reason this is not a 5 major use special permit is — and he actually 6 mentioned it in his own presentation when he talked JC Antorcha - 042202ZB.V1 Pa a 22 7 about concerts. Concerts and races and other special 8 event uses do not fall under the scope of a major use 9 special permit. A major use special permit is if 10 they were building a permanent racetrack with 11 permanent grandstands and permanent parking 12 facilities like the American Airlines Arena, like the 13 Performing Arts Center, it's permanent facility for 14 continuance year round use, then it needs a major use 15 special permit. A concert in the park does not need 16 a major use special permit. Any other circus in the 17 park, Cirque de Soleil didn't need a major use 18 special permit. Anything that falls under a special 19 event, even if it's a special event that is couple 20 times a year, they're allowed two special events a 21 year without having to get a major use special 22 permit. 23 So even if you were to do an annual event. 24 Coconut Grove Arts Festival doesn't need a major 25 use special permit. Neither does Calle Ocho, neither 22 1 does any other major festival, the Orange Bowl 2 parade. This is no different than anything else that 3 falls under a special event that the Commission can 4 approve. 5 But that's not what this Class II special permit 02-1066 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is for. Its not for the use, and they keep going back to it and your jurisdiction here with this special permit is for physical improvements in the park. CHAIRPERSON HERNANDEZ: That's why it's important that we clarify. MS. SLAZYK: But the Planning and Zoning Department felt when we looked for the Class I I permit, when we applied the standards and the criteria, we didn't look at a race because that was not the application before us. We didn't apply the ingress and egress standards of a race because that was not the application before us. We looked at the park. What is the best thing for the park. Is this a good physical change for the park. Because that's all that's before you. The physical improvements to the park. When you make these kind of physical improvements to the park, you increase the flexibility of that park being able to be used for 23 1 other things. We are not going to plan a park around 2 a one time race. 3 CHAIRPERSON HERNANDEZ: That would be — 4 MS. SLAZYK: The flexibility of the park is what 086 JC Antorcha - 042202ZB.V1 Pa a 24 5 we looked at. We applied the standards to that. 6 MR. WILLIAMS: Did you review the document on 7 page 39 about the park risking problems? 8 MS. SLAZYK: I'm not sure I understand. 9 MR. WILLIAMS: Did you look at their book? 10 MS. SLAZYK: I wasn't given a copy. I'm not 11 familiar with it. 12 1 can speak to the Class 11, to the design 13 review that we do under the Class 11, to the 14 potential adverse impacts to the park. All the 15 criteria of 1305 was applied and it was found to be 16 in compliance with the criteria of, 1305, again 17 noting we did not apply the criteria to a race 18 because the Class II did not approve a race. It 19 approved physical improvements to the park. 20 MR. PINA: Madam Chair? 21 CHAIRPERSON HERNANDEZ: Yes. 22 MR. PINA: It strikes me that we're here 23 listening to testimony with regards to the physical 24 change and the flexibility of the use of the park, 25 Bayfront Park. 24 1 MS. SLAZYK: There's one other — 2 MR. PINA: The flexibility. Now, when you make 3 specific improvements to where — from what I see — 02-1066 JC Antorcha - 042202ZB.V1 Page 25 4 I'm not going -- I'm not going to get technical, but 5 when you see these improvements, they're clearly for 6 a race. Okay? It's not flexible. I mean, 1 don't 7 know how many other events can you hold in this 8 specific area that do not involve some type of race 9 and don't open it to concerts and that type of thing 10 because that's very flexible with regards if you want 11 to hold a concert, you can pretty much hold it 12 anywhere. But when you get outside the realm, 1 13 don't see the flexibility of this with regards to the 14 use and the improvements other than a race. 15 MS. SLAZYK: That's absolutely not true. 16 Building a road — 17 MR. PINA: It's not? 18 MS. SLAZYK: It isn't and we looked at it. You 19 know what, the Planning and Zoning department did 20 take a look at this. When other events are brought 21 into the park, the lack of sufficient roads in the 22 park — we've actually tom up grass, bringing trucks 23 and things into the park. Bringing a road into the 24 park does increase the flexibility and actually 25 reduced costs in other things because we're not 25 1 tearing other things up. I don't — these physical 2 improvements did not cause any adverse impacts to the 02-1466 JC Antorcha - 042202ZB.V1 Pa a 26 3 park. 4 MR. PINA: You're saying these physical 5 improvements can be utilized for other specific -- 6 MS. SLAZYK: I think they can be utilized for 7 other things. 8 MR. PINA: So you can hold this race and you can 9 hold a drag race, another type of race. 1 don't 10 think so. I think it's specifically for this 11 particular type of race, which I'm not saying is bad 12 for the City of Miami. Actually, it's good for the 13 City of Miami. But the modification is specifically 14 designed to promote this type of racing. And when 15 you use the terminology "flexibility," I don't see 16 any flexibility. 17 CHAIRPERSON HERNANDEZ: Let's hope it brings 18 more money than the other Grand Prix did. 19 MS. SLAZYK: There's one other thing I need to 20 put into the record. If this had been any other park 21 anywhere else in the City it wouldn't have needed a 22 Class IL The only reason for a Class II special 23 permit here was because it was between water and the 24 first right of way which any improvements between 25 water and first right of way need a Class 11. 26 1 The specific purpose of that has always been to 02-1066 JC Antorcha - 042202ZB.V1 Page 27 2 review buildings that are along our waterfront. This 3 doesn't propose any buildings. So even with 4 relationship to — as it relates to what the purpose 5 of the Class II was for, again, typically we look at 6 all development between the water and the first right 7 of way to look at building impacts. There are no 8 buildings here. 9 Also, the fountain was improved. The streets 10 were widened. 11 CHAIRPERSON HERNANDEZ: Lourdes, what are those 12 block like things? 13 MR. PINA: The fountain should have been 14 improved a long time ago whether we had a race or 15 not. 16 MR. NIETO: I believe the blocks are VIP suites 17 if I am guessing correctly as to which ones you're 18 pointing to. 19 CHAIRPERSON HERNANDEZ: Rectangles. This one. 20 Rectangles. Big rectangles. Those. 21 MR. NIETO: These are grandstands. 22 CHAIRPERSON HERNANDEZ: Theyre not permanent, 23 I'm assuming? 24 MS. SLAZYK: No. Those are not part of the 25 Class Il. That's not part of the Class II. 27 02-IOGG JC Antorcha - 042202ZB.V1 Pa a 28 1 CHAIRPERSON HERNANDEZ: So what the are the 2 improvements? 3 MS. SLAZYK: The Class II improvements were 4 related to tree relocation. There are roads that go 5 through the park. They were enhanced and widened. 6 The fountain was improved. There were improvements 7 to the park and they re in – they're not the 8 grandstands, theyre not bleachers, they're not 9 anything else that's of a temporary nature, but that 10 doesn't need a Class II. That's approved under 11 special event — 12 MS. DOUGHERTY: Curbs and gutters. 13 MS. SLAZYK: And streets and trees. 14 MR. GARAVAGLIA: Has all this work been done? 15 MS. SLAZYK: Yes, the work is completed. 16 MR. GARAVAGLIA: Why is this in front of us? 17 MS. SLAZYK: That's the point. 18 CHAIRPERSON HERNANDEZ: You mean like the poor 19 people we penalize for doing this? 20 MR. PINA: So these people started the work, 21 they're already advertising? Who started the work? 22 MR. GARAVAGLIA: The City. 23 MS. MARRERO-TREHY: Madam Chair, members of the 24 Board, the work was started, and because you cannot 25 leave a road that is used by the public in a state 02-1066 JC Antorcha - 042202ZB.V1 Pa a 29 28 1 where it would harm the public or travelers, the work 2 was allowed to be continued. It is not because of 3 the date or whatever. It was merely because you have 4 a road that's used by the public, or may be used by 5 the public, and once it is torn up with asphalt and 6 everything in the area, you cannot leave it in that 7 condition. So there was a finding made by the 8 planning director to that effect. That is why the 9 work continued. 10 MR. PINA: But they would need a Class II to 11 start the work? 12 MS. SLAZYK: They got the Class If. 13 MS. MARRERO-TREHY: They had the Class II, sir. 14 MR. PINA: So why are they coming before us? 15 MS. MARRERO-TREHY: There was an appeal of that 16 Class II. They appealed the construction of the — 17 MR. PINA: They started the work and now it's 18 being appealed? 19 MR. NIETO: Essentially in our opinion they 20 proceeded at their own risk. Once they knew of our 21 interest in this and — 22 CHAIRPERSON HERNANDEZ: You know, I mean, that's 23 beside the point. That is moot. 24 MR. FLOWERS: Madam Chair, if the Board members 25 have read the entire package, they would know it was 02-1066 c;. JC Antorcha - 042202ZB.V1 Page 301 29 1 appealed. There was a letter from the planning 2 director. 3 MS. MARRERO-TREHY: Yes. 4 MR. FLOWERS: It's in the package. 5 MS. MARRERO-TREHY: Yes, it is. 6 CHAIRPERSON HERNANDEZ: Thank you very much, 7 Mr. Flowers. That's very enlightening. 8 MR. SHULMAN: Madam Chair, I just have a 9 question for Lourdes. What was the pavement on the 10 ground at the fountain? You're not looking at the 11 pictures that we're looking at. But it shows a 12 before and after of the fountain and -- 13 MS. SLAZYK: What's the pavement? 14 MR. SHULMAN: I'm just looking here. There's 15 some substantial changes and I'm just wondering what 16 these are. Perhaps I could show it to you. 17 MS. SLAZYK: I am not looking at what you're 18 looking at. 19 CHAIRPERSON HERNANDEZ: Do you have one of 20 these? 21 MS. SLAZYK: No. 22 CHAIRPERSON HERNANDEZ: That's terrible. You 23 really should have given it to her. She's very 24 important. 25 MS. MARRERO-TREHY: We found it here. 02-1066 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 CHAIRPERSON HERNANDEZ: She's a VIP, really. MS. MARRERO-TREHY: We're sharing a book. We'll soon find out what the water fountain was about. Water fountain is part of the improvements. CHAIRPERSON HERNANDEZ: They did not a water fountain in Bayfront Park? We did not? MS. FERNANDEZ: We did. MS. MARRERO-TREHY: I think it was improved. CHAIRPERSON HERNANDEZ: How do you improve a water fountain? Please, let me know. MS. MARRERO-TREHY: Miss Erica Wright from the office apparently has some details, if you'd like some details. MS. WRIGHT: What happened was the Army Corps of Engineers put together the baywalk for Bayfront Park. About a quarter of the property that was improved was the walkway that's right along the baywalk. When they were doing their improvements to the park, some of that area was tom up and destructed. CHAIRPERSON HERNANDEZ: So they tore it up and then they fixed it? MS. WRIGHT: Well, what they did was — CHAIRPERSON HERNANDEZ: Gets better. MS. WRIGHT: Right. In order to do the improvements, what they had to do is strengthen the s 02--1066 JC Antorcha - 042202ZB.V1 Pa a 32 31 1 asphalt. So what happened was, the area around the 2 fountain that the Army Corps installed was made out 3 of coral rock. What they've done now is strengthen 4 it. And there's also a walkway that I think extends 5 from the fountain that the Army Corps installed all 6 the way to Bayfront Park -- I mean, to Biscayne 7 Boulevard which was also improved as well. 8 MS. DOUGHERTY: Madam Chair, it wasn't Raceworks 9 that tore up the fountain. It was the Army Corps. 10 And it was leaking, it was substandard, there were – 11 there was drainage problems and we actually improved 12 it. 13 MS. MARRERO-TREHY: Madam Chair, that was for 14 purposes of explanation. Again, outside of the — 15 CHAIRPERSON HERNANDEZ: That's very interesting 16 and enlightening. Thank you. 17 1 think there's a question for you somewhere. 18 MS. SLAZYK: I think he just got his answer. 19 CHAIRPERSON HERNANDEZ: You had a question. She 20 was looking at a picture. 21 MR. SHULMAN: I just was wondering if that's 22 Keystone paving that was tom up and replaced with 23 concrete. It looks that way in the photograph, but 1 24 wasn't sure. If the paving at the fountain area was 02-1066 JC Antorcha - 042202ZB.V1 Page 33 25 Keystone and replaced with concrete; is that right? _C% 1 MS. WRIGHT: 1 think that sounds right. Are you 2 talking about in Exhibit 3? 3 MR. SHULMAN: A3. 4 MS. SLAZYK: What page? 5 MR. SHULMAN: Page 11. Sorry. 6 MS. WRIGHT: Of what exhibit? 7 MR. SHULMAN: Exhibit 2. 8 MS. WRIGHT: Exhibit 2 is prepared by 9 Homestead -Miami Speedway, I believe. 10 In Exhibit 2 that was something – those were 11 photographs that you all took? 12 MR. NIETO: Yes. In Exhibit 2 there are series 13 of before and after photographs of the work. Just to 14 get a feel for the nature of the improvements. 1 15 think the pictures speak for themselves. 16 MS. WRIGHT: In Exhibit 3 that contain the 17 agreement with the City of Miami and Bayfront Park 18 and it contains the improvements that Raceworks 19 presented to the City at the end of it. 20 MR. GANGUZZA: Madam Chair, are you ready for a 21 motion? 22 MR. PINA: Is there anyone opposing in favor of 23 the item? Opposing — 02-1066 JC Antorcha - 042202ZB.V1 Page 34 24 MR. NIETO: I would like to present my expert 25 testimony. I requested it earlier. 33 1 MR. PINA: You have expert testimony? 2 MR. NIETO: Yes. The issue had come up -- 3 actually, two issues came up. One, as to whether 4 these are just general improvements or they're for a 5 racetrack, and two, we have a point in response to 6 their standing argument these are for a specific type 7 of racing and -- 8 MS. WRIGHT: One moment, please. 9 MR. NIETO: I'd like to bring up Al Garcia. Al 10 is the vice-president of operations at 11 Homestead -Miami Speedway. He's designed, operated 12 and managed over 25 races around the country and he's 13 an expert sanctioned by the compliance and design of 14 raceways. 15 MR. PINA: Thank you. 16 Mr. Garcia, state your name and address for the 17 record. 18 MR. GARCIA: Good evening. My name is Albert 19 Garcia. I have a business address at One Speedway 20 Boulevard in Homestead, Florida. I'm a resident of 21 the City of Miami for the last 30 years. 22 (Thereupon, the witness was duly sworn.) 02-1066 JC Antorcha - 042202ZB.V1 Page 35 23 MS. FERNANDEZ: Do you work for Homestead 24 Speedway? 25 MR. GARCIA: Excuse me? 34 1 MS. FERNANDEZ: Do you work for Homestead 2 Speedway? 3 MR. GARCIA: I'm an employee of Homestead -Miami 4 Speedway, yes. 5 MS. MARRERO-TREHY: Then you need to be a 6 registered lobbyist in order to speak. 7 MR. GARCIA: I am nota registered lobbyist, no. 8 MS. MARRERO-TREHY: If he's an employee of the 9 appellate, he needs to be a registered lobbyist. 10 MR. NIETO: He's an expert witness — 11 MS. MARRERO-TREHY: He may be an expert witness, 12 but if he is being retained or paid or being 13 compensated for his appearance, he is, in fact, and 14 he's indicated that he is an employee of Homestead 15 Speedway. 16 MR. NIETO: We can certainly hear that first 17 thing tomorrow morning. 18 MS. MARRERO-TREHY: I'm sorry. Hear what? 19 MS. FERNANDEZ: We can give you the application 20 now. 21 MS. MARRERO-TREHY: No, it has to be here now. 02-1066 JC Antorcha - 042202ZB.V1 Page 36 22 We'll take five or we can go on to another item, 23 Madam Chair, if you would like to. 24 CHAIRPERSON HERNANDEZ: Sorry? 25 MS. MARRERO-TREHY: Theyre going to have to do 35 1 the lobbyist registration. Do you want to take five? 2 CHAIRPERSON HERNANDEZ: Let's take five or ten. 3 1 just spoke to -- 4 MS. MARRERO-TREHY: I didn't mean item 5. 5 CHAIRPERSON HERNANDEZ: I do want to take five. 6 That's a very good idea. Let's take five. But 7 before we take five, lest someone think that we're 8 willing to interrupt the Sunshine Law and I will be 9 tempted to say something, I just spoke to former 10 Commissioner J. L. Plummer who as on the Bayfront 11 board for many years, as you know, Lucia, and I asked 12 him because I was curious about your question on, 13 Allan, on the stone. He says that there has, in 14 fact, always been stone and that one of the big 15 concerns was oils spillage from the cars on the 16 stone; that he does not know if they have broken up 17 some of the stone and replaced it with concrete. 18 Have they replaced it with concrete? Lourdes? 19 The fountain is supposed to be all stone and the 20 pavement was supposed to be stone. I'll let you look 02r-1066 JC Antorcha - 042202ZB.V1 Page 37 21 it up 22 MS. SLAZYK: I can't tell from this if this was 23 stone. The parks department — 24 CHAIRPERSON HERNANDEZ: No, J. L. told me it was 25 stone. He was there for 20 some years. And 36 1 apparently the oil would really mess up the stone. 2 MS. SLAZYK: I don't know the answer to that. 1 3 don't know if it was stone. 4 CHAIRPERSON HERNANDEZ: It was. J. L. told me 5 it was. And I trust him. He was there for a long 6 time. Okay. We will – it's 8:37. We'll come back 7 at five to ten. Ten being the maximum, five being 8 the minimum. 9 (Recess taken.) 10 CHAIRPERSON HERNANDEZ: We're back. Are we 11 ready? 12 MS. FERNANDEZ: Lucia, for the record, are you a 13 registered lobbyist? 14 MS. DOUGHERTY: No. 15 MS. FERNANDEZ: Thank you. 16 MS. MARRERO-TREHY: Madam Chair, are you ready 17 for them to proceed? 18 CHAIRPERSON HERNANDEZ: Yes, I'm ready. 19 MS. MARRERO-TREHY: Go ahead. 02-1066 JC Antorcha - 042202ZB.V1 Pa a 38 20 MR. GARCIA: Madam Chair, members of the board, 21 my name is Albert Garcia. As our partner stated 22 here, I have been operating and designing permanent 23 racing facilities for about the last seven years. 24 Twelve years prior to that, as they said, I was 25 responsible for designing and building over 25 37 1 temporary race courses all over the country. And 2 some through parks, some through cities. 3 So what we see here is that these improvements 4 were made to the park specifically for racing. 1 5 understand about building roadways through the park 6 and all that, but I don't think you'll see any other 7 park in the country that has walkways that are 40, 8 35, 40 feet wide. That's not necessary as a roadway 9 through a park. Most parks the roadways are 15, 20 10 feet wide and that's more than enough to accommodate 11 any traffic from concerts or special events or 12 whatever it may be. 13 So it's very obvious that the improvements that 14 were made to the surrounding areas and to the park 15 itself were strictly for racing. 16 To that end, and without getting too specific, 17 these modifications were designed and built for 18 sports car racing, for the American Le Mans series. 02--1066 JC Antorcha - 042202ZB.V1 Page 39 19 Since, they've now proposed adding another 20 sanctioning body, CART. Well, that track will not 21 support the open wheel racers that CART brings to 22 them. 23 So if is this able to be put together, they will 24 be back before this board asking for more permits to 25 make more modifications because I'm here to tell you 38 1 that that track right there will not suit the CART 2 open wheel race or the Toyota Atlantic or some other 3 type of racing series that could possibly come to the 4 City of Miami. 5 So they're very specific to the American Le Mans 6 series and Trans Am series which are sedans. 7 Something was said about that we're talking out 8 of both sides of our mouth; that we're saying this is 9 not suitable for racing, but at the same time we want 10 to put in a bid. Well, if we were given the 11 opportunity to bid on this event and to host the CART 12 series and American Le Mans series downtown, we would 13 design and build something substantially different. 14 1 don't know and I don't see the room there of 15 where they could support that type of a show. Simply 16 to store 10,000 gallons of methanol, 15,000 gallons 17 of gasoline, plus park in excess of 100 JC Antorcha - 042202ZB.V1 Page 40 18 tractor -trailers. We just don't feel that that venue 19 would support that type of an event. And it's not 20 hard to see because they do these races in Cleveland 21 and they just had one in Long Beach last weekend. If 22 you see the foot print and the amount of real estate 23 used for those events, you will see that this 24 certainly will not support that type of event. 25 Thank you for your time. 39 1 CHAIRPERSON HERNANDEZ: Thank you. 2 MS. MARRERO-TREHY: Madam chair, if that's the 3 last question of that witness, there is a right to 4 cross-examine if Miss Dougherty wants. 5 CHAIRPERSON HERNANDEZ: Does that complete your 6 presentation? 7 MR. NIETO: Yes, it does. 8 CHAIRPERSON HERNANDEZ: Thank you. 9 Yes, Lucia. 10 MS. DOUGHERTY: I don't want to cross-examine 11 him. But I think I just heard him say, and the only 12 expert testimony that he offered is that CART, who is 13 our potential partner, would not run on this track. 14 And from my understanding, CART has already inspected 15 the track and is willing to take it as is. 16 So he is now testifying as opposed to anything 02-1066 JC Antorcha - 042202ZB.V1 Page 41 17 else that our partner won't take this track. 18 MR. NIETO: I believe that he mentioned about 19 four or five other different sanctioning bodies, 20 different types of races that also would not run on 21 that track. 22 CHAIRPERSON HERNANDEZ: Your presentation is 23 concluded. She's getting two minutes for rebuttal. 24 So unless a Board member specifically asks you a 25 question, I'm sorry, but time's up. 40 1 MR. NIETO: I apologize. 2 CHAIRPERSON HERNANDEZ: That's okay. 3 MS. DOUGHERTY: Madam chairman, 1 don't have 4 anything further. 5 CHAIRPERSON HERNANDEZ: Thank you, Lucia. 6 We will now close to this to the public and open 7 it up to the Board for questions or motions. 8 MR. GANGUZZA: I'm prepared to make a motion, 9 Madam Chair. 10 CHAIRPERSON HERNANDEZ: Go ahead, please. 11 MR. GANGUZZA: I move the request on agenda item 12 1 of the Planning and Zoning director be affirmed and 13 the appeal be denied and the requirements of 14 Ordinance 11000 as amended were satisfied by relevant 15 efforts — relevant evidence in the record of the 02-106 JC Antorcha - 042202ZB.V1 Pal a 42 16 public hearing. 17 MR. FLOWERS: I second. 18 MS. MARRERO-TREHY: Motion for what? 19 MS. FERNANDEZ: Denial. This is a motion for 20 denial of the appeal. 21 MR. GANGUZZA: That's correct. To affirm the 22 determination of Planning and Zoning director and 23 denying the appeal. 24 MS. MARRERO-TREHY: Mr. Flowers, did you second 25 that motion? 41 1 MR. FLOWERS: Yes, ma'am, I did. 2 MS. MARRERO-TREHY: Okay. Thank you. 3 MS. FERNANDEZ: Mr. Ganguaa? 4 MR. GANGUZZA: Yes. 5 MS. FERNANDEZ: Mr. Flowers? 6 MR. FLOWER: Yes, ma'am. 7 MS. FERNANDEZ: Mr. Bums. 8 MR. BURNS: Yes. 9 MS. FERNANDEZ: Mr. Garavaglia? 10 MR. GARAVAGLIA: Yes. 11 MS. FERNANDEZ: Mr. Pellon? 12 MR. PELLON: Yes. 13 MS. FERNANDEZ: Mr. Pina? 14 MR. PINA: I just want to make a statement here. 02-1066 JC Antorcha - 042202ZB.V1 Page 43 15 And my decision is going to be based on the fact that 16 we're using public land where extensive improvements 17 are being made and I don't think it's serving the 18 general public. Although I am in favor of the Gran 19 Prix and it has nothing to do whether it was 20 competitive bidding and so on, I don't think these 21 improvements are — will benefit the general public. 22 So my decision is no. 23 MS. FERNANDEZ: Yes? 24 MS. MARRERO-TREHY: No. 25 MS. FERNANDEZ: Oh, no? 42 1 Mr. Shulman? 2 MR. SHULMAN: I echo Mr. Pina's comments. No. 3 MS. FERNANDEZ: Mr. Williams? 4 MR. WILLIAMS: I think it would be good for the 5 City of Miami. I say yes. 6 MS. FERNANDEZ: Miss Hernandez? 7 CHAIRPERSON HERNANDEZ: I'm going to go along 8 with denial of the appeal, but I am really going to 9 be keeping my eye on this. I don't like the fact 10 that it's coming to us where I don't know what 11 improvements — I mean, it has nothing to do right 12 now whether its racing or not racing. The only 13 thing that's supposed to be before us is the Class 11 02-1066 JC Antorcha - 042202ZB.V1 Pa a 44 14 and improvements. These are definitely not 15 improvements for the park for the people. That we 16 know. 17 I'm concerned that if they are going to be 18 breaking up valuable stones and they're going to 19 spill oil on it and stuff like that that's not going 20 to look pretty and it's not going to be good for the 21 general public, I am definitely going to be looking 22 at that when they start coming back for other permits 23 and other variances and other things. 24 MS. FERNANDEZ: Okay. This motion passes seven 25 to two. This decision is final unless appealed to my 43 1 office within 15 days. 2 MR. FLOWERS: I'd like to make a statement. 3 Miss Chair and other board members, I was over there 4 on Sunday riding my bicycle and there was about 3 or 5 400 females that had walked, I think, for some 6 charity, and they were all on the same pavement. I'm 7 sure they were happy that the roads are paved so 8 they'd have a place to put their luggage and their 9 backpacks. 10 So I do ride my bicycle every Sunday over there. 11 CHAIRPERSON HERNANDEZ: If they didn't put a 12 couple of cops there, I can't see females walking. 02-1066 JC Antorcha - 042202ZB.V1 Page 45 13 MR. FLOWERS: There were cops there, there were 14 at least 3 or 400 females from all over the state. 15 CHAIRPERSON HERNANDEZ: Yes, but that one day. 16 MR. FLOWERS: I'm only there on Sundays. 17 CHAIRPERSON HERNANDEZ: That made them safe. 18 They were unsafe if you were there. 19 MS. FERNANDEZ: Miss Dougherty, do we have a 20 copy of that exhibit? Do we have a reduced copy of 21 that exhibit? 22 MS. MARRERO-TREHY: Please provide an 8 by 11. 23 (Thereupon, the hearing was concluded at 9:00 24 p.m.) 25 44 1 CERTIFICATE 2 ----- 3 4 STATE OF FLORIDA 5 COUNTY OF DADE 6 7 8 I, JOANNIE FIEGER, CSR, RMR, CRR, Notary 9 Public, do hereby certify that I was authorized to and did 10 stenographically report the foregoing proceedings and that 11 the transcript is a true and correct transcription of my 02_1066 C:,;- REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIAMI TO RACEWORHS, LLC for the use of City -owned property located in and adjacent to Bayfront Park, Miami, Florida. TABLE OF CONTENTS PAGE Recitals = 1. Recitals 2. Definitions 3 3. Term 4. Trust's Use Fee 5. City s Use Fee 6 6. Grant of Temporary Use of Public Property 6 7. Permitted Use 7 8. Concessions Agreements 8 9. Name of Race Event 9 10. Media 9 11. Scheduling of Race Events 9 12. Initial Improvements to the Race Course 10 13. Payment of the Costs of the Initial Improvements 11 14. Subsequent Improvements to the Race Course 12 15. Payment of the Costs of Subsequent Improvements 12 16. Modifications to the Race Perimeter 13 17. Storage 13 18. Licenses. Authorizations & Permits 14 19. Citv Police. Fire & Sanitation Services 15 20. Traffic Plans for Race Events 16 21. Set Up & Tear Down of the Race Perimeter During the Use Period 16 22. Licensee's Operations of Race Events 17 23. Risk of Loss 18 24. Signage 19 25. Financial Obligations 19 26. No Claim to Assets or Rights of Licensee 19 27. Bayside Marketplace & Concorde Cruises 19 28. Non -Interference & First Right of Refusal 19 29. Licensee's Records & Financial Statement 20 30. Compliance with Municipal Motor Vehicle Racing Act 20 31. Promotion by City & Trust 20 32. Quality of Events 20 33. Taxes 20 34. Compliance With Laws 21 35. Additional Expenses 21 36. No Discrimination in Hiring 21 37. Indemnification 21 38. Insurance 22 02-1066 39. Risk Revieu 40. Audits - 41. Inspections 42. Public Records 24 43. Nondiscrimination 24 44. Affirmative Action 24 45. Conflict of Interest 2` 46. Late Payments 25 47. Failure to Stage Events 2` 48. Assignment 26 49. Licensee's Release From Agreement 26 50. Notices 27 51. Waiver 28 52. Force Majeure and Impossibility 28 53. Failure to Obtain National or International Sanctioned Event 29 54. Default "and Termination 29 55. Permanent Improvements 29 56. Restoration of Public Property 30 57. Compliance with Environmental Laws 30 58. Invalidity 31 59. Time of Essence 31 60. No Interpretation Against Draftsmen 31 61. Further Acts 31 62. Litigation 31 63. Successors and Assigns 31 64. Third Parry Beneficiary 32 65. No Partnership 32 66. Amendments 32 67. Miscellaneous 32 68.- Entire Agreement J- 69. Authority 32 70. Approval by Emergency Financial Oversight Board 33 71. Approval By The U.S. Department of the Army, Army Corps of Engineers 33 Exhibit A Public Property Exhibit B Course Layout Exhibit C Race Perimeter Exhibit D Modifications Exhibit E Commitment Letter from the American Le Mans Series Exhibit F Mitigation Plan Exhibit G Tree Disposition Plan 02-1066:.-, REVOCABLE LICENSE AGREEMENT This revocable license agreement ("Agreement") is entered this j_ day- of (but is effective as of ). by and between the City of Miami. a municipal corporation of the State of Florida ("City"). Bayfront Park Management Trust ("Trust"). a limited agency and instrumentality of the City of Miami. and Raceworks. LLC. a limited liability corporation organized and existing under the laws of the State of Delaware and=licensed as a foreign corporation in the State of Florida ("Licensee"). - RECITALS WHEREAS, the staging of the original "Miami Grand Prix." for many yeap in the City. provided favorable nationwide and worldwide publicity and advertising for the City; -.attracted thousands of individuals as participants and spectators to the race, many of whom traveled to the City from other locales, and thus caused a significant beneficial impact on the economy of the City; and WHEREAS, subject to certain terms and conditions herein. in Bayfront Park. Miami. Florida ("the Park"); and in the public roadways that are adjacent thereto, the Licensee plans. on an annual basis to promote and stage Race Events (as hereinafter defined) in a manner similar to the original "Miami Grand Prix, and WHEREAS, Licensee has received a commitment for a long-term sanction agreement with the American Le Mans Series to stage a Race Event annually in downtown Miami and in the Park. subject to the execution of this Agreement by the City and the Trust; and WHEREAS, the City is the owner or lessee of portions of the Park and, pursuant to Section 38-101. City of Miami Code, the Park is managed by Bayfront Park Management Trust ("Trust"). and WHEREAS, pursuant to Resolution No. . the City Commission has authorized the City Manager to enter into this Agreement; and WHEREAS, pursuant to Resolution No. 01-027, the Trust has authorized its Executive Director to enter into this Agreement; and WHEREAS, Licensee is negotiating other agreements from other rights-of-way holders to obtain long-term commitments to utilize their properties in order to secure the rights to the proposed Race Course (as hereinafter defined) for the Race Events; and WHEREAS. Licensee has developed a mitigation plan and has developed traffic flow and logistical plans to minimize the disruption to Downtown businesses and hotels. 2 Cit -1066 WHEREAS. subject to applicable laws and the limitations set forth herein. the Cite and the Trust maintain Public Property and each possess the respective authority to permit and license the use of Public Property for periods of time and for the purposes set forth herein: and WHEREAS, this Agreement is subject to the Corps Lease. as hereinafter defined. and is subject to approval by the United States Army Corps of Engineers ("Corps"). NOW THEREFORE. in consideration of the mutual covenants set forth herein. the parties hereby agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated and made a part of this Agreement. 2. Definitions. a) "City Manager" is the City Manager for the City of Miami. b) "City Ticket Fee" is the cumulative amount of fees paid to the City pursuant to Paragraph 5 of this Agreement. C) "City Use Fee" is the Use Fee that Licensee pays to the City. d) "Event Weekend" is the Thursday, Friday, Saturday and Sunday of Race Events and Support Events. e) "Executive Director" is the Executive Director of the Bayfront Park Management 1IM-M 0 "Hazardous Materials" are diesel, propane, oxy-acetylene, paints. lubricant solvents, used oil, and other hazardous substances, toxic substances, pollutants, contaminants or hazardous waste materials. g) "Initial Improvements" are the improvements to be made upon the portion of Public Property, which comprises the Race Course for the initial Race Event. h) "Instrument" is an irrevocable letter of credit or other form of security instrument acceptable to and approved in writing by the City Manager i) "Public Property" is real and personal property located within the Race Perimeter that is owned or leased by the City or managed by the Trust. A diagram of the Race Perimeter is depicted in Exhibit A, incorporated hereto and made a part hereof. 3 02-1066 j) "Race Course" is the specific route through the Public Property upon which the Race Events shall be conducted. A diagram of the Race Course is depicted in Exhibit B incorporated hereto and made a part hereof. k) "Race Event' is the day(s) that a motor vehicle race sanctioned by a nationally or internationally recognized racing organization is conducted and includes the days for practices and qualifications for a race. 1) "Race Perimeter' includes Public Property and other properties within which the Raceworks Events shall take place and which is temporarily used by the Licensee to promote a Race Event, as depicted in Exhibit C. m) "Raceworks Events" include collectively Race Events. Support Events or endeavors resulting from the license granted hereunder conducted during an Event Weekend. n) "Services" are the services rendered by the City's Police, Fire, and Solid Waste Departments during Race Events or Support Events. o) "Subsequent Improvements" are the modifications, improvements and/or maintenance of the Race Course that may be requested by Licensee after the initial Race Event occurs. P) "Support Events" are- secondary racing series and other entertainment activities which include having a "racing village", catering compound, hospitality suites. VIP Club. merchandising facilities and such other related activities permitted under this Agreement that are conducted with a Race Event. q) "Trust Ticket Fee" is the cumulative amount of fees paid to the Trust pursuant to Paragraph 4 of this Agreement. r) "Trust Use Fee" is the Use Fee that Licensee pays to the Trust. s) "Use Fee" is the fee that Licensee pays to the City or the Trust, as the case may be, for the use of its facilities and property. t) "Use Period" is the period of time allotted for the set-up, presentation and dismantling of a Race Event. Unless otherwise agreed in writing by the City and the Trust, the set-up period shall commence no earlier than forty-five (45) days prior to the first date of the Race Event, and dismantling shall begin immediately upon the conclusion of the Race Event and shall conclude within thirty (30) days thereafter. The City and Trust may extend the Use Period for a Race Event, in writing, should Licensee require a longer period for set-up and dismantling of the same. 4 02-1066 3. Term The initial tern of this Agreement shall be fifteen (15) years. commencing upon the effective date of this Agreement. The Licensee shall have the option of extending the term of this Agreement for a period of ten (10) years. If Licensee elects the option to extend the term of this Agreement. Licensee shall give the City and Trust written notice of its intention to exercise the option a minimum of sixty (60) days prior to the expiration of the Agreement. 4. Trust Use Fee Licensee will pay to the Trust the Trust Use Fee of $50.000.00 which shall be due no later than thirty (30) days after each Race Event. The Trust Use Fee shall increase annually in accordance with the Consumer Price Index, as published by the U.S. Department of Labor. however in no event shall the increase exceed four percent (4%) of the Trust Use Fee for the last Race Event of the previous year in which a Race Event occurred. The Trust Use Fee is inclusive of the fees for the use of the Park. its amenities and facilities for each such Race Event and includes the janitorial services. electrical and water services that are normally available in the Park. In the event that the Licensee requires electrical, water and janitorial services that exceed those that are normally available in the Park, then Licensee shall be responsible for paying the Trust for providing or causing said services to be provided by independent companies. Licensee agrees to pay to the Trust the Trust Ticket Fee for any and all tickets sold by Licensee. The Trust Ticket Fee shall be payable as follows: Year Trust Ticket Fee 1-5 $1.00 6-10 $1.25 11-15 $1.50 During any extension of this Trust Ticket Fee Agreement 1-5 $1.75 6-10 $2.00 Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies and the Trust Ticket Fee. Licensee agrees to record the Ticket Fee as a separate item in the certified statement of accounts for the Race Event. Licensee shall be responsible for the collection of the Ticket Fee, which shall be held by Licensee in trust for the Trust. Licensee shall pay Ticket Fee to the Trust, within sixty (60) days after the conclusion of a Race Event. Licensee shall maintain all books and records pertaining to 5 02-1066 the Race Event and the revenue therefrom and shall make such books and records available for City and Trusts inspection and auditing as provided herein. The Trust shall not require Licensee to pay any additional surcharges. or other charges for the use of the Park or its facilities. equipment or services unless it is mutually agreed upon by the parties in writing. 5. Citv's Use Fee. Licensee will pay to the City the City Use Fee of $50,000.00 which shall be due no later than thirty .(30) days after each Race Event. The City Use Fee shall increase annually in accordance with the Consumer Price Index, as published by the U.S. Department of Labor. however in no event shall the increase exceed four percent (4%) of the City Use Fee for the last Race Event of the previous year in which a Race Event occurred. Licensee agrees to pay to the City the City Ticket Fee for any and all tickets sold by Licensee. The City Ticket Fee shall be payable as follows: Year City Ticket Fee 1-5 $1.00 6-10 $1.25 11-15 $1.50 During any extension of this City Ticket Fee Agreement 1-5 $1.75 6-10 $2.00 Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies and the City Ticket Fee. Licensee agrees to record the City Ticket Fee as a separate it= in the certified statement of accounts for the Race Event. Licensee shall be responsible for the collection of the City Ticket Fee, which shall be held by Licensee in trust for the City. Licensee shall pay City Ticket Fee to the City, within sixty (60) days after the conclusion of a Race Event. Licensee shall maintain all books and records pertaining to the Race Event and the revenue therefrom and shall make such books and records available for City and Trust's inspection and auditing as provided herein. The City will not require Licensee to pay any additional surcharges, or other charges for the use of the Public Property, its facilities, equipment or services unless it is mutually agreed upon by the parties in writing. 6. Grant of TemDorary Use of Public Prouerty 6 02-1066 For the tern of this Agreement or an extension thereof. the City and the Trust Grant Licensee the right to use its Public Property to stage a maximum of two Race Events a year on the Race Course and within the Race Perimeter. Subject to existing zoning and other governmental restrictions. City and the Trust. respectively grant to Licensee a license to conduct the Raceworks Events on the Public Propert, during the times agreed upon herein. During a Raceworks Event, the Licensee may limit public. vehicular and pedestrian access to the Race Perimeter in a manner agreed upon by the Cin Manager and the Executive Director. This Agreement solely authorizes Licensee to the temporary use of Public Property for the limited purposes set forth herein and for no other purpose. The parties hereby agree that the provisions of this Agreement do not constitute a lease. The rights of Licensee hereunder are not those of a tenant. but are a mere personal privilege to do certain acts of a temporary character on Public Property and to use Public Property, subject to the terms of this Agreement. The City and the Trust retain dominion, possession and control of the Public Property. Therefore, no lease interest in the Public Property is conferred upon Licensee under the provisions hereof. Licensee does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Public Property by virtue of this Agreement or its use of Public Property hereunder. Additionally. Licensee does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Public Property by virtue of any expenditure of funds by the Licensee for improvements, construction. repairs, partitions, or alterations to- the Public Property which may be authorized by the City or the Trust. The grant of rights hereunder does not affect the private property rights. where applicable, of any other property rights or private rights holder to any of the property underlying the Race Perimeter, which does not constitute the Public Property. In order to stage the Race Events, the Licensee agrees to make separate arrangements with any entities having a legal interest in non -Public Property located within the confines of the planned Race Perimeter, including, but not limited to, the public rights -of -ways not owned by the City or managed by the Trust, and Licensee further agrees to provide pedestrian access along all public sidewalks adjoining private businesses included within the boundaries of the Race Course and the Race Perimeter. 7. Permitted Use Subject to the conditions stated herein and any applicable laws, Licensee may limit access to the Race Perimeter under Licensee's paid ticketing and credential system, create viewing and pit areas, charge admission fees to persons attending the Race Event, provide food and beverages (including beer, wine and liquor), sell merchandise and other concessions, broadcast through any and all forms of media and sponsor other Support Events 7 02-1066 In addition to. but concurrently with the Race Event. Licensee will also sponsor Support Events within the Race Perimeter which could feature secondary racing series and other entertainment activities. subject to approval by the City Manager and the Executive Director. Subject to any legal requirements. authorizations and permits. to the extent that the City and Trust possess such rights, the City and the Trust grant a license to Licensee to conduct Race Events and Support Events during the limited mutually agreed upon time periods provided herein. Support Events may consist of the following: fireworks displays, musical and other concerts and festivities, boat shows, amusement rides, animal shows. fashion shows and talent j contests, high performance ride and drive activities, air shows, high performance motorized boat / races adjacent to the Park, temporarily limit access to and/or close down City streets and buildings to traffic or pedestrian access, limit access to the waterways adjacent to Bayfront Park. rent mooring space in the waterways adjacent to Bayfront Park, display giant televisions. laser shows, television transmission requirements, above ground temporary or other type of voice. data, telephone cabling, conduct night racing and set up flood lights and other equipment to do so, sell corporate hospitality and VIP Club tickets, to set up temporary catering facilities for the preparation and sale of food, to sell advertising rights, space and signage upon and throughout the Race Course, Race Perimeter. Park and Race Perimeter fencing, including on barriers, debris fencing, pedestrian bridges, and other forms of advertisement on scoreboards and giant television screens, signs and banners, to temporarily limit access to and/or re -direct or close traffic. The Licensee shall submit a schedule of proposed Support Events at least thirty (30) days prior to a Use Period, and the City Manager and the Executive Director shall have the discretion to oppose any Support Event that either may consider not in the best interest of the City or the Trust, respectively. Subject to all applicable laws, the City and Trust hereby grant Licensee a license to conduct Race Events and Support Event in a safe and lawful manner as scheduled, to establish and maintain the Race Course on a temporary basis, to enable the temporary set up and tear down of the Race Course, the right to erect pedestrian bridges and hospitality facilities, establish the Race Course and Race Perimeter and otherwise to enable the Raceworks Events to be promoted. effectuated, staged, operated, managed, performed, and conducted in a lawful, safe and professional manner consistent with the requirements of the racing series, the sanctioning organizations. industry standards. 8. Concessions Agreements Subject to all applicable laws, and pursuant to the terms of this Agreement, and to the extent that the City has the ability to control or permit, the Licensee may exclusively operate concessions and enter into concession agreements to operate all concessions and merchandising — of articles associated with Race Events within the Race Perimeter during Event Weekends. Concessions include. but are not limited to, merchandise, souvenirs, catering, food service, and beverages (including beer, wine and liquor) and all other commercially related activities, including media. marketing, and sponsorship for Raceworks Events. Licensee shall indemnify, 8 02 -rids hold and save harmless. and defend the City and the Trust. their directors. officers. employees and volunteers from and against any and all claims demands. liens. judgments. liability. losses or damages. including but not limited to costs. expenses and anomev's fees arising out of or attributable to the concession agreements that Licensee enters into for concessions. 9. Fume of Race Event Licensee has the right to create the name of the Race Event and shall notify the City and Trust in writing of the Race Event name. Licensee agrees to utilize the name "Miami" in the Race Event's name. and to feature the "City of Miami" and "Bayfront Park" and 'Bayfront Park Management Trust" in any and all promotional materials for the Race Events. In the event that Licensee ceases to conduct Race Events within the confines of the legal boundaries of the City. Licensee's agrees not to use "Miami" and "Bayfront Park" in the name of subsequent race events. 10. Media The City and the Trust further understand and agree that the Licensee will have the exclusive privilege to own, sell. license, sub -license, assign, convey and transfer every manner and method of transmission, whether by satellite master antenna television systems, fiber optic. direct broadcast satellite, transmission to TYRO receiving dishes, video dial tone system, open video system. cable, microwave, multipoint distribution services, multi -channel MDS. radio and by the internet. whether in a form which is existing or subsequently invented, and by means of anv similar or dissimilar electronic. analog or digital means now known or hereafter invented. as well as by the World Wide Web of the Internet. including computer on-line media, real time telemetry rights, time and scoring information, simulcast video summing rights. and telephonic transmission and any other internet technology whether existing now or in the future, relating to the Race Events and the Support Events that are contemplated within this Agreement. In addition. so long as the Race Events are conducted in the City and within the Park. Licensee agrees to utilize the names "City of Miami." "Bayfront Park Management Trust," respectively, and their logos (whether in present form or as subsequently created or modified) in said media for purposes of promoting, merchandising, and marketing the Race Events and Support Events in any form. subject to the approval of the City and the Trust. 11. Scheduling of Race Events The initial Race Event, featuring the American Le Mans Series, shall be held April 5 -7, 2002. Licensee will conduct a maximum of two Race Events annually during an Event Weekend. Licensee will conduct one Race Event in either the Spring or Fall. Race Events may be scheduled during the Summer or Winter. however such an alternate time must be mutuall% agreed upon by the parties and is subject to the terms and conditions set forth herein. The parties shall attempt. whenever reasonably possible. to select the same time period to schedule Race Events annually. However, in no event shall there be more than two Race Events per year. The City and the Trust shall. using their best efforts. attempt to accommodate the dates and scheduling requirements in which Licensee proposes to conduct Race Events. Licensee shall have a preference in scheduling dates for the Race Events given the scheduling limitations put upon Licensee by the sanctioning organizations and by television broadcast requirements. Licensee shall use its best efforts to schedule the Race Event(s) at approximately the same time of the year. Licensee shall give the City and the Trust nine (9) months written notice of the proposed dates for any Race Event. The City Manager and the Executive Director shall have ten (10) business days to approve or disapprove the proposed dates. The City and Trust's approval shall not be unreasonably withheld. In deciding whether to approve or disapprove a proposed date for a Race Event, the City. through its City Manager, and the Trust shall give weight to a) the scheduling requirements of' the pertinent racing series and/or sanctioning organization; b) the television broadcast requirements: and c) whether there are other events scheduled in the Park. The City and Trust each acknowledges that the Licensee is constrained by the racing series sanctioning organizations and television broadcast rights agreements, and the City and the Trust shall take reasonable steps to accommodate the Licensee's proposed race dates. 12. Initial Improvements to the Race Course Licensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property that is depicted as Exhibit D, attached hereto and incorporated as part of this Agreement, subject to obtaining approvals from the applicable government entities, the City will make the necessary Initial Improvements to the Public Property that will comprise the Race Course. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Payment for the costs of the Initial Improvements shall be made in accordance with Paragraph 13 below, entitled "Payments for the Costs of Initial Improvements". Some of the Initial Improvements require approval by the Army Corps of Engineers, State of Florida Department of Transportation, Miami -Dade County, the Water and Sewer Authority. other federal. state and local government agencies, and any other entity which has the right to permit or provide approval for access to Public Property and the City makes no representation to the Licensee concerning such approval. Using its best efforts and as soon as reasonably possible, the City and the Trust. respectively, shall take the steps necessary to obtain the requisite approval and/or permits to make said Initial Improvements. The City Manager shall 10 V2 -•1V66 review and approve the proposed contracts for such expenses and services on an expedited basis. The Cite will make Initial Improvements on a timely basis so as to facilitate the timel- promotion and staging of the initial Race Event that is scheduled April 5-7. 2002. subject to the force majeure provisions contained herein. In the event that additional design and construction is required. the parties will cooperate in good faith to complete such design and construction, respectively. on an expedited basis so as to facilitate the initial Race Event to be conducted as scheduled. 13. Pavment of the Costs of the Initial Improvements Licensee shall prepay the City or provide to the City an Instrument securing the costs of the Initial Improvements, which shall be constructed by the City in phases ("Phases") to be determined by the City Manager in his/her sole discretion. Prior to the City making Initial Improvements, the City shall provide Licensee with an invoice determining the amount of the costs for the initial Phase to be constructed. A minimum of thirty (30) days prior to the City commencing construction of the said Phase. Licensee shall either: 1) present an Instrument to the City Manager to secure the costs of said Phase or 2) prepay the costs of said Phase. The City shall not be obligated to commence construction of any Improvements. until it receives and approves the Instrument or receives pre -payment for the cost of each Phase. In the event that Licensee elects to provide an Instrument to secure the costs of a Phase and does not prepay the costs of such Phase, Licensee shall provide such Instrument a minimum of thirty (30) days prior to the first date that the City will commence construction of said Phase. The City shall have the right to draw upon or exercise its rights under the Instrument immediately upon completion of construction of any Phase. For subsequent Phases, the City shall invoice Licensee for the costs of the next Phase in the same manner as with the initial Phase. Licensee shall provide an Instrument to the City Manager a minimum of thirty (30) days prior to the first date that the City will commence construction of the each Phase subsequent to the initial Phase, until all Phases have been completed. In the event of a default by the Licensee, the City shall have the immediate right to draw upon or exercise its rights under the Instrument. In the event that Licensee does not elect to provide an Instrument to secure the costs of a Phase. Licensee shall pay the City for all costs associated with a Phase a minimum of thirty (30) days prior to first date that the City commences construction of the initial Phase. For subsequent Phases. Licensee shall pay all costs to the City a minimum of thirty (30) days prior to the date when the City will commence construction of the next Phase, until all Phases have been completed. If Licensee fails to provide an Instrument or fails to prepay the costs for a Phase, as the case may be, as required hereunder, then Licensee will be in default and the City will cease making further Initial Improvements. The City will not begin a new Phase until all payments 02-1066 t^ and late payments due hereunder have been received by the Cite. The City shall not be obligated to complete a Phase while Licensee is in default of this Agreement. 14. Subsequent Improvements to the Race Course After the initial Race Event. if Licensee is required to make or undertake Subsequent Improvements the Race Course to comply with the requirements of racing series or sanction organizations or for any other reason, Licensee shall notify the City Manager and the Trust a minimum of ten (10) months prior to the Race Event. Licensee shall submit the proposed alternate Race Course design to the City Manager at least six (6) months prior to the Race Event for the City Manager's approval. Such approval shall not be unreasonably withheld. Should Subsequent Improvements to the Race Course be required, the parties will cooperate in good faith to: (i) adjust to any development constraints in the City; (ii) accommodate the special needs of the Race Events; (iii) cooperate with each other in good faith to develop an alternative, cost effective race course design modification which continues to satisfy the requirements of the Race Events and Support Events as scheduled: and (iv) which continues to enable Licensee to stage the Race Events in a first class manner similar to the presentation of the original "Miami Grand Prix" in Downtown Miami. In any year in which Licensee requests Subsequent Improvements and the City approves of the Subsequent Improvements, the Licensee shall be financially responsible for the cost of such improvements. Payments for the costs of Subsequent Improvements shall be made in accordance with Paragraph 15. entitled "Payments for the Costs of Subsequent Improvements." The City shall not make additional modifications to the Race Course if Licensee is in default of this Agreement, or any extension thereof. 15. Pavment of the Costs of Subsequent Improvements Licensee shall prepay the City or provide to the City an Instrument securing the costs of the Subsequent Improvements, which shall be constructed by the City in phases ("Phases") to be determined by the City Manager in his/her sole discretion. Prior to the City making Subsequent Improvements, the City shall provide Licensee with an invoice determining the amount of the costs for the initial Phase to be constructed. A minimum of thirty (30) days prior to the City commencing construction of the said Phase, Licensee shall either: 1) present an Instrument to the City Manager to secure the costs of said Phase or 2) prepay the costs of said Phase. The City shall not be obligated to commence construction of any Improvements, until it receives and approves the Instrument or receives pre -payment for the cost of each Phase. In the event that Licensee elects to provide an Instrument to secure the costs of a Phase and does not prepay the costs of such Phase, Licensee shall provide such Instrument a minimum 12 02--1066 of thirty (30) days prior to the first date that the City will commence construction of said Phase. The City shall have the right to draw upon or exercise its rights under the Instrument immediately upon completion of construction of any Phase. For subsequent Phases. the Cite shall invoice Licensee for the costs of the next Phase in the same manner as with the initial Phase. Licensee shall provide an Instrument to the City Manager a minimum of thirty (30) dans prior to the first date that the City will commence construction of the each Phase subsequent to the initial Phase. until all Phases have been completed. In the event of a default by the Licensee. the City shall have the immediate right to draw upon or exercise its rights under the Instrument. In the event that Licensee does not elect to provide an Instrument to secure the costs of a Phase, Licensee shall pay the City for all costs associated with a Phase a minimum of thirty (30) days prior to first date that the City commences construction of the initial Phase. For subsequent Phases, Licensee shall pkv all costs to the City a minimum of thirty (30) days prior to the date when the Citv will commence construction of the next Phase, until all Phases have been completed. If Licensee fails to provide an Instrument or fails to prepay the costs for a Phase, as the case may be. then Licensee will be in default and the City will cease making further Subsequent Improvements. The City will not begin a new Phase until all payments and late payments due hereunder have been received by the City. The City shall not be obligated to complete a Phase while Licensee is in default of this Agreement. In the event that third parties are licensed to conduct Race Events on the Race Course. the City shall reimburse Licensee $75.000 per Race Event for the costs that Licensee has paid for the Improvements. 16. Modifications to the Race Perimeter Licensee shall not make any modifications or improvements to the Public Property without prior approval from the City and the Trust. 17. Storage The City will use its best efforts to locate and provide property for the storage of the Race Course safety systems, equipment and barricades. In the event that the City is able to locate a storage facility for Licensee to store the Race Course safety systems, equipment and barricades, the City shall issue to Licensee a thirty (30) day revocable permit for storage of said equipment. This in-kind service has a present approximate value of $50,000. The value shall increase annually in accordance with the Consumer Price Index, published by the U.S. Department of Labor. however the annual increase shall not exceed four percent (4%). The Licensee shall, however, be solely responsible for any transportation or other costs associated with such storage. 13 02-1066 The Citv and the Trust shall use their best efforts to provide Licensee at no charge with appropriate City or Trust facilities near the Race Course to assist Licensee in the construction of the Race Course and Race Perimeter, and the set up and tear down activities. However. all costs associated with all such activities shall be the sole responsibility of the Licensee. Licensee shall bear the risk of loss for the use of such storage and agrees to indemnify. hold and save harmless, and defend the City and the Trust. their directors. officers. employees and volunteers from and against any and all claims, demands. liens, judgments. liability, losses or damages. including but not limited to cost. expenses and attorney's fees that occur as a result of the Licensee's use of the storage facility. 18. Licenses,Authorizations and Permits The City shall obtain licenses, authorizations and permits from the applicable county. state and federal agencies for the improvements. modifications and maintenance that it shall perform on the Public Property that comprises the Race Course. Licensee shall pay for such costs. Licensee shall obtain. or cause to be obtained, and maintain in full force and effect throughout the term of this Agreement or any extension thereof, at its sole expense, all other licenses. authorizations and permits that are necessary for Licensee to conduct the Raceworks Events. In the event that it is necessary for the City or the Trust to be a co -applicant or co- sponsor of Licensee "s applications for these licenses, authorizations_ and permits, then the Cit} and Trust agree to be co-sponsors and co -applicants for any licenses. authorizations and permits necessary to stage Raceworks Events. However. Licensee shall be responsible for paying the cost of said applications and obtaining said licenses, authorizations and permits. To the extent not prohibited by law, the City agrees to waive the fees for any licenses. authorizations and permits that Licensee is required to obtain from the City. Prior to issuance of a permit for a Race Event. Licensee shall provide the City Manager with sufficient information, as determined by the City Manager, to demonstrate that Licensee is, and that the Race Event shall be, in compliance with all of the provisions of Section 549.08, Florida Statutes (2000), as amended, which is hereby incorporated by reference. The City shall not issue a permit for a Race Event if either the Licensee or the Race Event is not incompliance with this section. Licensee shall, at its sole cost and expense, apply for all necessary national and international sanctions to allow each Race Event to be qualified as a professional motorsports sanctioned automobile race. A copy of the written confirmation of such sanctions from the sanction organizations shall be forwarded by Licensee to the City Manager and Executive Director of the Trust upon receipt by Licensee, but in any event no later than ninety (90) days —before the scheduled date of any Race Event. In the event such confirmation is not received the Licensee shall be in default hereunder. 14 02-1066 19. City Police. Fire and Sanitation Services Licensee shall be responsible for payment of the police, fire rescue and sanitation services ("Services") that are required for each Raceworks Event. Six (6) months prior to a Raceworks Event. Licensee will meet with the City Manager or designee to discuss the level of Services that are necessary for a Raceworks Event. The City Manager or designee A ill contact the Citv's Police. Fire and Solid Waste Departments to ascertain the level of Services that are necessary prior to, during and after a Raceworks Event. Thereafter, the City Manager or designee shall advise Licensee of the cost of the Services, including an estimate of the number of police, fire and sanitation personnel required, the estimated hours of work and applicable rates of pay. A minimum of seven (7) days prior to the Use Period, Licensee shall provide the City with an Instrument to secure the costs of the Services. The Instrument shall also secure the added costs of removal of the barricades. If Licensee fails to do so, then Licensee shall be in default. If Licensee does not cure this default by delivering an Instrument to the City within twenty-one (2 1 ) days from the date of its default, the City shall have the right to immediately terminate this Agreement. The City shall not have any duty to provide any Services while the Licensee is in default hereinafter. The City shall use its best efforts to limit the cost of the Services for the Initial Race Event to an amount not to exceed $300,000. After the Initial Race Event, the City and the Licensee will meet to evaluate the cost of Services for the Initial Race Event in order to determine whether Services will exceed $300,000 in the future. However. in any event, the Licensee shall be respbnsible for payment of the cost of the Services rendered. If. during a Raceworks Event. the City, in its sole discretion, determines that security for the Raceworks Events is insufficient to ensure the safety and welfare of the public, then the City or Trust may summon such additional personnel as is deemed necessary. Licensee shall be responsible for payment of such additional personnel at the applicable rate, which shall be the rate normally charged for such personnel, depending on factors such as whether the personnel is off-duty or working overtime. In the event that off-duty police officers are summoned, then the compensation shall be based on the greater of four (4) hours or the actual time devoted to the Race Event, including "administrative" time, such as time devoted to booking prisoners, etc. No later than two (2) months prior to the commencement of the Use Period, Licensee shall provide two (2) copies of a diagram/floor plan of the proposed Raceworks Events layout to the Office of Fire Department Plans Examiner, 444 S.W. 2 Avenue, 10th Floor, Miami, FL 33130. Similarly, not later than ten (10) days prior to the commencement of the Use Period, Licensee shall obtain and deliver to the Executive Director an Assembly Permit, and such other permits as may be required by the City relative to a Raceworks Event. Fire depar went manpower requirements for the Event shall be as stipulated by the Fire Marshall and approved by the City Manager. 15 Y Licensee shall ensure compliance with all necessary police. fire, and sanitation union reauirements (if applicable) in connection with the personnel and services engaged for presentation of a Raceworks Event. The City shall use its best efforts to inform Licensee of the terms of any police, fire, sanitation union agreement, written or oral. affecting all relevant personnel or services used in connection with any Raceworks Event. 20. Traffic Pians for Race Events Licensee agrees in good faith to work with the City, the Trust and the Downtown Development Authority well in advance of any Race Event to devise a plan of traffic and pedestrian control which minimizes unjustified interference with business and individual activity in and about the Race Perimeter. It is not anticipated that any street closures will be required for more than a total of three (3) days during any Race Event and such closures shall be over an Event Weekend. 21. Set Un and Tear Down of the Race Perimeter During the Use Period Licensee shall have access to the Public Property during the Use Period for the set up and dismantling of the Race Perimeter. During the Use Period, subject to the City's and the Trust's reasonable approval and subject to applicable laws and any agreements of the City or the Trust. respectively, with other governmental or private entities, Licensee may temporarily move or remove light posts. statues, benches or other items located on Public Property, may construct a temporary Race Perimeter, including but not limited to, placing barriers, blockades, temporary cable (electrical and other), safety equipment safety devices, spectator control line fencing, fence covering material, portable toilets. signage, tents and hospitality facilities, cranes, forklifts, vehicles, fire protection equipment and apparatus, temporary fuel dispensing, medical equipment and apparatus, park and display participant vehicles, set up bleachers, seats, temporary wiring. banners. structures. spectator control line and components thereof within the Race Perimeter and any such other structures to ensure the safety, security, and necessary facilities to properly conduct a Raceworks Event. Immediately after the Race Event, Licensee must relocate and/or return any items moved to their original location. The set up and tear down activities shall be effectuated so as to minimize any negative impact upon the routine activities of the City or the Park. Licensee may request additional time to effectuate the set up and dismantling of the Race Perimeter and approval of such request to the City or Trust shall not be unreasonably withheld. The parties shall cooperate in good faith to plan the set up and the tear down activities of the Raceworks Event in such a manner as to minimize, where reasonably practical, the disruption to local businesses adjacent to the Race Course, yet in a manner consistent with Licensee's reasonable ability to stage a Raceworks Events as planned and scheduled without undue expense or burden to Licensee. Licensee shall give the City and the Trust a proposed schedule ("Schedule') showing the dates for installation and removal of grandstands, bleachers, safety devices, and any other 16 0--066 apparatus or equipment to be utilized in connection with a Raceworks Event at least ninety (90 ) days prior to the Race Event. The City Manager and the Executive Director shall have fifteen (1 )) business days to approve or disapprove the Schedule. Such approval shall not be unreasonably withheld. If no response is given in such fifteen (15) day period. the Schedule shall be deemed to have been approved by the City Manager and the Executive Director. If the Schedule is disapproved. the Licensee shall submit a revised Schedule for approval by the Cite Manager and the Executive Director within ten (10) days of receipt of the City Manager s or Executive Directors disapproval of the original Schedule. After the conclusion of the staging of each Race Event. Licensee shall reasonable promptly remove all grandstands, bleachers, barricades, safety devices and an} other safety equipment and apparatus. The City may remove any temporary devices not removed on a timely basis, or the Trust and the City, respectively, shall be reimbursed for the charges for such removal by drawing upon or exercising its rights under the Instrument that Licensee provided for the Services and for barricade removal. The charges will be the amount of such removal costs the City. Licensee shall set up for the Raceworks Events in the Park no more than seven (7) days prior to the Race Events and tear down two (2) days after the Race Events. 22. Licensee's Operations of Race Events (a) Licensee agrees to furnish, at its own cost and expense, all personal property and equipment necessary for the successful and professional operation of the Raceworks Events. (b) Neither the City nor the Trust shall be responsible for any goods, merchandise or equipment stored on the City's or Trust's property, or be responsible for damage to Licensee's property resulting from a power failure, hurricane, tornado, flood, fire, explosion. and or any other causes. (c) Licensee shall ensure that its employees shall at all times be neatly dressed attired in clean uniforms and wear an identification badge. (d) Licensee shall provide adequate personnel to provide quality service at all times. Licensee shall be notified of any employees of Licensee that are not deemed to be performing in the best interest of the City and/or the Trust. (e) Licensee shall designate a management representative ("Management Representative") who shall be present at the Raceworks Events. The Management Representative shall be given the full authority by the Licensee to make on-site decisions on behalf of or for the Licensee, but not of the City or the Trust. The Management Representative shall ensure strict compliance with all terms and conditions contained in this Agreement. The 17 _ 02-1066 Management Representative shall serve as a liaison between the City. the Trust and the Licensee. Said Management Representative shall remain on call on a twenty-four (24) hour basis during a Raceworks Event should he/she need to be contacted by the City or the Trust. In addition. the City and Trust shall be provided with a telephone number and beeper where said individual can be reached at all times twenty-four (24) hours a day. seven days a week. It is expected that the Management Representative shall respond to any request and/or concerns by the City or Trust within a maximum of twenty-four hours, or immediately on the day of a Raceworks Event. The City and the Trust shall designate a representative who will be similarly available to the Licensee. (f) Licensee shall provide sufficient personnel to professionally and safely conduct the promotion related activities to stage the Raceworks Events. (g) Licensee agrees to display, in plain view, any reasonable rules established by this Agreement and established by the City and the Trust in relation to the Raceworks Events and the operations of the Raceworks Events. No such rule shall be inconsistent with the terms of this Agreement. (h) Except when otherwise mutually agreed upon by the parties. Licensee agrees to store all equipment away from the Public Property. (i) The City shall be entitled, on a complimentary basis, to one hospitality suite for forty (40) persons and forty (40) complimentary tickets for said suite for each Raceworks Event. The City shall be solely responsible for all food and beverage charges for said suite. The Trust shall be entitled to receive fifty (50) complimentary preferred seating tickets to any Raceworks Event. 0) Licensee shall have the right to establish and charge rates, provided. however, that Licensee shall not charge different rates to different persons admitted to the Race Perimeter. All charges shall be posted in clearly readable signs that are posted in accordance with all applicable laws. (k.) Any release that Licensee obtains from a spectator or participant in a Raceworks Event shall also release the City and the Trust from Iiability. Licensee shall print language on the Raceworks Event tickets which release the City and the Trust from any liability for personal injury and property damage relating to the Raceworks Events. 23. Risk of Loss Licensee agrees that neither the City nor the Trust shall be liable for any loss, injury or damage to any personal property or equipment brought into the Race Perimeter by Licensee or anyone whomsoever during the Use Period. All personal property placed or moved into the Race Perimeter shall be at the risk of Licensee or the owner thereof. Licensee further agrees that it shall be responsible to provide security whenever personal property either owned or used by the 18 02-1066 r"` Licensee. its employees. agents or subcontractors is placed in the Race Course site. including property necessary for set-up and dismantling the Race Perimeter. regardless of whether or not the Race Perimeter is open to the general public. 24. Signaee Licensee. or its authorized agent. shall post signage in the City. Park. and outside of the Citv limits in conformity with existing laws. ordinances, codes and regulations of any applicable government agency. The location of signage in Bayfront Park shall be subject to the reasonable approval of the Executive Director. Neither the City nor the Trust shall implement am ordinances, rules and regulations which will limit Licensee's right to display and/or locate temporary signage on the Race Course or within the Race Perimeter. 25. Financial Obligations Each parry shall only be entitled to the financial assistance, compensation or remuneration specifically set forth herein. and no party shall be entitled to or shall charge any other partyany fees, assessments, surcharges, or taxes or any other thing of value other than as specifically provided herein. 26. No Claim to Assets or Rights of Licensee By entering into this Agreement. none of the parties are granted any assets, rights, titles or interest to the other's assets, rights, title or interests, except as otherwise set forth in this Agreement. 27. Bayside Marketplace and Concorde Cruises The license granted herein is subject to the existing rights and agreements between the Trust and Concorde Cruises, Inc. and the City and Bayside Marketplace Limited Partnership. 28. Non -Interference and First Right of Refusal Neither the City nor the Trust shall permit the staging of any Race Event within forty-five (45) days before or thirty (30) days after a Race Event. Subject to the conditions herein and any applicable laws. Licensee shall have the first right of refusal to stage any Race Event on the Race Course (in its present or future form) subject to further good faith negotiations with the City and the Trust. 19 02-1066 P 29. Licensee's Records and Financial Statement No later than sixty (60) days prior to the Use Period. Licensee shall submit to the Cite Manager. for approval, a report of projected expenses. revenues. equity and bank: financing to demonstrate whether the Licensee has the financial wherewithal to stage Race Event(s). Such report shall be prepared by a certified public accountant. In the event the City Manager does not approve the report and determines that the Licensee does not have the financial wherewithal to stage a Race Event. then the City Manager shall submit such report to the City Commission who shall make the final determination of the Licensee's financial ability to stage the Race Event. 30. Compliance with Municipal Motor Vehicle Racing Act The staging of the Race Events and temporary construction of the Race Course which is performed under this Agreement shall be in accordance with all applicable laws and regulations applying thereto. including all of the provisions of the Municipal Motor Vehicle Racing Act as set forth in Section 549.08, Florida Statues (2000). 31. Promotion by City and Trust The City and the Trust, respectively, through their normal operations. will cooperate in good faith with Licensee to promote Race Events through the City's departments or offices. 32. Oualitv of Events Licensee agrees that its operation and promotion of the Race Events shall provide a quality of service commensurate with and equal to a professional motorsports event of comparable nature. 33. Taxes Other than the ones contemplated herein, during the term of this Agreement and any extensions thereof, the City and the Trust shall not levy any assessments, charges, taxes, penalties. or fees that is applicable solely against Licensee, its operations, sales, tangible or intangible property, revenues, profits, or any vendors, sponsors, racing series, sanctioning —organization contracting with Licensee or any customers in relation to ownership, management. promotions, operation or staging of the Race Events. Throughout the term of this Agreement and any extension thereof, Licensee shall pay, whether assessed against the Licensee, the City or the Trust, all taxes, assessments and other governmental charges that may be levied upon the 20 promotions. operations and any other use granted to Licensee under this Agreement. with exception to any taxes. assessments and other governmental charges may be levied upon any payment made by Licensee to City or the Trust pursuant to this Agreement. 34. Compliance With Laws Licensee and/or its authorized agents agree to comply with applicable laws, codes ordinances and regulations enacted or promulgated by federal, state. county. and Cite government including the provisions of the Charter and Code of the City. Licensee and/or its authorized agents shall also comply with reasonable directives of the City Manager. 35. Additional Expenses Under no circumstances will the City be liable for any costs or expenses incurred by Licensee under. this Agreement or as a result of the Race Events, Support Events or related activities beyond those that are specifically set forth in this Agreement. 36. No Discrimination in Hiring. In the performance of this Agreement or any extension thereof, Licensee and/or its authorized agents shall not discriminate against any employee or applicant for employment because of sex. age, race, color, religion, ancestry or national origin. License and/or and its authorized agents will take affirmative action to insure that minority applicants are employed and that employees are fairly treated during employment without regard to their sex, age, race, color, religion. ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. 37. Indemnification. Licensee shall indemnify, hold and save harmless, and defend the City, the Corps, and the Trust. their directors, officers, employees and volunteers from and against any and all claims, demands, liens. judgments, liability, losses or damages, including but not limited to cost, expenses and. attorney's fees caused by the actual or claimed negligence (active or passive) or omission of Licensee, its agents, employees, contractors, or concessionaires, or either of them, either as a sole or contributory cause, for loss of, use of, injury to or destruction of any property and/or bodily or personal or other injuries, including death, at any time resulting therefrom, sustained by any person or persons, including officers and employees of the City, the Corps. or the Trust, or in any manner attributable to any and all actions, representations, or performance of the provisions of this Agreement. 21 02-1066 Licensee shall further indemnify. hold and save harmless. and defend the Citi-. the Corps. and the Trust. their directors. officers and employees. from and against any and all claims. liens. Iiabilitv. losses or damages, including but not limited to cost. expenses and attorneys' fees arising out of the City's statutory obligations pertaining to defective conditions in the Race Course and appurtenances thereto. including obligations under the Florida Statutes relating to dangerous condition of public property. Notwithstanding the foregoing, it is specifically understood and agreed that Licensee shall not indemnify nor agree to hold free and harmless and defend the Cite or the Trust, its officers and employees, or any of them of and from and against any and all claims, demands. liens, judgments, or otherwise, for death of or injury to any person or damase to any property whatsoever that may happen or occur as the sole result of any act or activity of the City or the Trust or any person acting for the City or the Trust or under their separate control or direction in failing to perform any act or duty imposed upon the City or the Trust by the terms of this Agreement, or as the sole result of any act or non -action by the City permitted or required pursuant to the terms of this Agreement. As between the parties to this Agreement, such liability shall be solely borne by the City and/or the Trust. In the event that the City or Trust is a defendant in or party to litigation as a result of negotiating or entering into this Agreement, or any extension thereof. Licensee shall indemnify the City and the Trust, their directors, officers, employees and volunteers from and against any and all monetary judgments (including related attorney's fees and costs awards). The City Attorney's Office shall vigorously defend, at its own expense, any litigation as a result of negotiating or entering into this Agreement, or any extension thereof, and the City shall bear its costs of such Iitigation. Licensee also agrees not to sue the City, the Corps, or the Trust. their directors, officers. employees and volunteers in the event that a third parry sues the City, the Corps, the Trust, their directors, officers, employees and volunteers, for injunctive relief preventing performance of this Agreement and such injunctive release is granted. 38. Insurance Licensee shall obtain and keep in force at all times during the term of this Agreement, a policy of public liability and property damage insurance, in a form acceptable to the City's Risk Administrator, protecting the City, the Trust, and their officers and employees, and the United States Army Corps of Engineers and its officers and employees against any and all Iiability due to the death, injury, loss or damage to persons or property arising out of, or in any way incident to Licensee's operations of the Race Events. The policies described herein shall be provided to the City prior to the City commencing the initial improvements contemplated herein. 17 02-1066 Licensee agrees to provide a liability policy in comprehensive fore. including pollution liability coverage, in a form acceptable to the City's Risk Administrator. in the amount of not less than $20 million dollars combined single limits for bodily injury and property damage. Additionally. the Licensee must provide products and completed operations coverage in an amount of not less than $20 million dollars and must make the City and the Trust a named insured under the policy(s) and name AT&T. or any other subsequent sponsor of the Park. and the United States Army Corps of Engineers as additional insureds. 39. Risk Review A copy of the insurance policies evidencing such insurance coverage shall be filed with the City's Risk Management Division no less than thirty (30) days prior to any Use Period. and such policies shall provide that such insurance coverage will not be cancelled or modified without at least thirty (30) days prior written notice to City and the Trust. At least thirty (30) days prior to the expiration of any such policy, a renewal policy showing that such insurance coverage has been renewed shall be filed with the City's Risk Management Division. attention to the Risk Administrator, 444 S.W. 2"d Avenue, Ninth Floor. Miami, Florida 33130. City reserves the right to periodically review the sufficiency of the insurance policy, as required by this Licensee and to request Licensee to change the insurance coverage to be provided in any policy of insurance as provided for herein. Licensee shall, upon receipt of such request. increase the limits of such insurance to any amount reasonably satisfactory to City. Any such additional amount of coverage shall be commensurate with other events of this nature and shall in no event exceed $25 million in coverage or cause Licensee more than ten percent of additional insurance premium charges in any two-year period. 40. Audits During the term of this Agreement, and any extension thereof. Licensee shall deliver to the City and Trust a certified statement. executed by Licensee's Chief Financial Officer, stating the number of all paid admissions for all of the Raceworks Events, accompanied by any such other documents as may be necessary to support the Chief Financial Officer's certification, such as a ticket manifest. sales journals relating to ticket sales, complete box office statements of all tickets sold and any other appropriate records as may be reasonably required by good accounting practices for records of tickets sold for all Raceworks Events. If Licensee uses a third party to sell tickets for Raceworks Events. Licensee shall include in its certified statement the ticket sales by the third party and include with the report any and all documentation regarding the tickets sales by the third party. In the event that the City Manager or designee determines, in his/her sole discretion. that there is a discrepancy in the amount remitted by the Licensee for the City and Trust's fees. then the City shall have the right at all reasonable times, upon reasonable notice and during normal business hours, to examine any and all of Licensee's books and records as 23 02-1066 may be required by good accounting practices to determine and verify all of the ticket sales for Raceworks Events. All books and records shall be maintained and kept by the Licensee within the corporate limits of Miami -Dade. County. The City Manager shall have the discretion to require the installations of any reasonable additional accounting methods as he may deem reasonably necessary so long as such installations are consistent with professional accounting standards as applied in the industry. The City or the Trust. at their sole expense, may, at reasonable times and for a period of up to three (3) years following the expiration of the term of this Agreement or any extension. earlier termination thereof, audit. or cause to be audited, those books and records of Licensee. Licensee agrees to maintain all such books and records at its principal place of business. As between the City and the Trust, only one parry may audit Licensee in a given year. 41. Inspections City shall have the right, at all reasonable times and upon reasonable notice, to make whatever inspections City deems reasonably necessary to determine if Licensee is complying with the terms and conditions of this Agreement and any applicable laws. Licensee agrees to provide City with reasonable access to its operations for such inspection purposes. 42. Public Records Licensee understands that the public shall have access, at all reasonable times, to City contracts. subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. 43. Nondiscrimination Licensee represents and wan -ants to the City that Licensee does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Licensee's use of the Race Course or presentation of the Race Events or Support Events on account of race, color. sex, religion, age. handicap, marital status or national origin. 44. Affirmative Action Licensee shall have an Affirmative Action/Equal Employment opportunity policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women. minorities, the disabled and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, 24 02—iOOG Licensee shall submit a Statement of Assurance indicating that its operation is in compliance with all relevant civil rights laws and regulations. 45. Conflict of Interest Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2. Article V), Dade County, Florida (Dade County Code. Section 2-11.1 et. sea.) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. . Licensee further covenants that no person or entity under its employ. presently exercising any functions -or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City or the.Trust. Licensee further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of Licensee. its employees or associated persons, or entities must be disclosed in writing to the City. 46. Late Pavments Should Licensee fail to make any payment to the City or the Trust as provided in this Agreement. a late payment charge of one percent (1 %) of the amount due the City or the Trust will be assessed monthly against the Licensee commencing on the due date of such payment. until such amount is paid. In the event that Licensee shall fail to pay any of its financial obligations to the City or Trust within five (5) months after being past due, then Licensee shall be deemed in default of this Agreement. 47. Failure to Stale Events During this Agreement, or any extension thereof, if Licensee fails to stage at least one (1) Race Event annually Licensee shall be in default, unless such failure is as a result of 1) an act of the City or the Trust which prevents and makes impossible for the Licensee to perform its obligation to conduct a Race Event, 2) the Licensee's failure to obtain permission from Bayside Marketplace Limited Partnership or other right-of-way holder for use of the property that they own or possess and which is essential to stage, establish, maintain and/or operate the Race Course and Race Perimeter for a Race Event, or 3) conditions of force majeure, as that term is hereinafter defined, which prevents the Licensee from performing its obligations hereunder. It is expressly understood that Licensee is not obligated to stage two Race Events annually during the term of the Agreement, or any extension thereof, and its failure to stage more than one Race Event shall not in any sense be deemed a default or breach of this Agreement. In the event that the Licensee has not scheduled a second Race Event for a given year and another entity contacts the City and the Trust and wants to conduct its own Race Event, Licensee shall have the first 25 02-r1066 right of refusal to stage a second Race Event prior to the City and/or Trust agreement to permit a third party to stage a Race Event. In the event that the Licensee fails to conduct a Race Event within any two (2) year period. the City and the Trust have the right to terminate this Agreement by giving Licensee written notice thereof. If thereafter. Licensee fails to cure said default by staging a Race Event within nine (9) months of the notice, the Agreement shall be deemed terminated. This provision shall not apply if the reason for the failure to stage a Race Event is not the Licensee's fault. but is due to 1) an act of the City or the Trust which prevents and makes impossible for the Licensee to perform its obligation to conduct a Race Event 2) the Licensee's failure to obtain permission from Bayside . Marketplace Limited Partnership or other right-of-way holder for use of the property that they own or possess and which is essential to stage. establish. maintain and/or operate the Race Course and Race Perimeter for a Race Event. or 3) conditions of force majeure as that term is hereinafter defined, which prevent the Licensee from performing its obligations hereunder. 48. Assienment Licensee shall not sell. assign this Agreement, or any part thereof. or transfer more than 50% of its ownership interest to any other party without first obtaining the written consent of the City and the Trust. The approval or consent of the City and the Trust shall not be unreasonably withheld. Such assignment shall be in writing and shall require the assignee to assume all of Licensee's obligations under this Agreement_ Any assignment of this Agreement contrary to the foregoing provision. whether voluntary or involuntary, shall be void and shall confer no right upon such assignee. shall constitute a default under this Agreement, and shall result in an immediate forfeiture of the rights of Licensee hereunder. Sale means any transaction or series of related transactions pursuant to which any person or entity (other than Peter J. Yanowitch or his affiliates) (i) acquires from the holders thereof a majority of the outstanding equity interests of Raceworks LLC or (ii) the sale of all or substantially all the assets of Raceworks. including any assignment of this Agreement. 49. Licensee's Release From Agreement In the event that Licensee desires to relocate. discontinue or move the Race Events from the Downtown Miami site at Bayfront Park, then Licensee shall pay the City a fee ("RDM Fee") in an amount equal to: the aggregate costs to the City and/or the Trust including any in-kind services (e.g. the value of the storage of Licensee's equipment) any unpaid costs of the 26 improvements and modifications to the Race Course. and any other cost to the City or the Trust for Raceworlks Events. that the Licensee has not paid or reimbursed the City or Trust for (collectively "the City Costs" or individually, on a per year basis. "Annual City Costs"): plus seven and one-half percent (7 '/z %) interest per year of the Annual Cite Costs; plus any outstanding Fees, payments or amounts that are due and owing to the City or the Trust. After payment by Licensee of the RDM Fee, the City and Trust shall release and hold harmless Licensee from any and all claims that the City and Trust have under this Agreement. If Licensee fails to pay the total amount, then Licensee shall be deemed in material breach of this Agreement. In the event that Licensee desires to relocate, discontinue or move the Race Events from the City limits, Licensee agrees not to use the name "Miami" or any other reference to the City or the Trust in the name of Licensee's subsequent race events. 50. Notices All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by hand, telecopy, or registered mail addressed to the other party at the address indicated herein. Such notice shall be deemed given on the day on which hand delivered; faxed or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. If to City of Miami: City Manager City of Miami 444 SW 2"d Avenue 10'h Floor Miami, Florida 33233-0708 If to the Trust: Executive Director Bayfront Management Trust 301 North Biscayne Boulevard Miami, Florida 33132 With a copy to: City Attorney City of Miami 444 SW 2"d Avenue 27 02-1066 .. If to Licensee: If to the United States of America 51. Waiver Suite 945 Miami. Florida 33?3 -0708 Mr. Peter J. Yanowitch President Raceworks. LLC 800 BrickelI Avenue Suite 550 Miami, Florida 33131 Michelle A. Wolfe: Attorney Advisor U.S. Army Corps of Engineers Real Estate Division P.O. Box 4970 Jacksonville, Florida 32232-0019 Any waiver by either party or any breach by either party of any one or more of the covenants. conditions or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement, nor shall any failure on the part of the City or Trust to require or exact full and complete compliance by Licensee with any of the covenants, conditions or provisions of this Agreement be construed as in any manner changing the terms hereof to prevent the City or Trust from enforcing in full the provisions hereto. nor shall the terms of this Agreement be changed or altered in any manner whatsoever other than by written agreement of the City and Trust and Licensee. 52. Force Maieure and Imipossibility The parties shall be excused from performance of any obligation hereunder when such performance has been delayed, hindered and prevented by any cause or causes beyond the parties reasonable control, including impossibility of performance, which shall include but not be limited to. any act of government or governmental agency, labor disputes, riots, civil commotion or insurrection, war or war -like operations, invasion, rebellion, military or usurped power, sabotage. the acts of superior governmental authorities, fires or other casualties, natural disasters, hurricanes. or acts of God or sudden failure of subsurface structures. Should force majeure cause the Race Events or cause the use of the Race Course or Race Perimeter to be suspended and it prevents or makes it impossible for the Licensee from conducting or promoting at least one race during any given year, then the term of this Agreement shall be extended for a one year period 28 02-1066 for each year lost as a result of force majeure or such impossibility. However. if the force majeure or impossible circumstance is permanent and incapable of being cured. then either party may terminate this Agreement by giving the other party thirty (30) days written notice of such termination. 53. Failure to Obtain National or International Sanctioned Event. Five business days before the Use Period. Licensee shall present to the City Manager and the Trust proof that it has an agreement with a national or international sanctioning organization. Licensee has obtained a letter of initial commitment from the American Le Mans Series to promote a Race Event in Miami. The letter is attached hereto as Exhibit E and is incorporated and made a part of this Agreement. In the event that the Licensee is unable to obtain agreements from a national or international sanctioning organization for a Race Event or there is the cancellation of such agreement with a national or international sanctioning organization, then Licensee shall be in default. The default shall be cured upon Licensee demonstrating that it has obtained an agreement with a national or international sanctioning organization. During the time of default, in the City Manager's sole discretion and with the City Manager's written approval, the Licensee may stage an unsanctioned race event. The City Manager may, at his "sole discretion, impose additional conditions upon Licensee to mitigate the effect of having an unsanctioned on. event. However. the staging of an unsanctioned race event is not a cure for the default. In no event shall Licensee stage a combination of more than two (2) sanctioned Race Events or unsanctioned race events per year. 54. Default and Termination Except as otherwise specifically provided hereunder, if at any time during the term of this Agreement. or any extension thereof. should any party be in default of any term, provision or covenant of this Agreement, and shall fail to take affirmative steps to remedy such default within thirty (30) days after written notice from the other party, then, if such default is not cured within nine (9) months, the non -defaulting party may, at its option, terminate this Agreement by giving the defaulting party written notice of its election to terminate this Agreement at least fifteen (15) days prior to said date of termination. 55. Permanent Improvements Upon the expiration or termination of this Agreement or any extension thereof, the improvements. devices and facilities constructed by Licensee, which are permanently affixed to public property or which shall create a hazardous condition by their removal, shall, at the City's election. become the properny of the City or. where applicable. the Trust. without compensatior. therefore. 56. Restoration of Public Prooertrn At the end of each Use Period and upon the termination of this Agreement or any extension thereof. Licensee shall restore Public Property-. personal property and fixtures of the City or the Trust to the same condition in which the Public Property was before the Licensee used the Public Property, except for normal wear and tear or any destruction of the Public Property as a result of force majeure so that Public Property is suitable for its normal use. Attached hereto as Exhibit F. is Licensee's Mitigation Plan, which is hereby incorporated as pan of the Agreement and attached hereto as Exhibit G. is Licensee's Existing Tree Disposition Plan. which is also hereby incorporated as part of the Agreement. This obligation of the Licensee does not apply to restoring the condition of Public Property to the condition that it was in prior to the construction of the Improvements delineated in Paragraph 12 and it does not apply to the condition that the Public Property was in prior to the maintenance of the Race Course that is delineated in Paragraph 13. With exception of the foregoing, Licensee shall repair any damaged caused to Public Property, personal property or fixtures of the City and Trust as a result of a Raceworks Event and shall restore Public Property to the same condition that is was in before the respective Raceworks Event occurred. In the event of termination of this Agreement or any extension thereof. or upon the expiration of the term of this Agreement. or any extension thereof, Licensee shall promptly. remove all personal, property, fixtures and equipment from the Public Property. In the event Licensee fails to remove its personal property, equipment and fixtures from the Public Property within a sixty (60) day period, said property shall be .deemed abandoned and thereupon shall become the sole personal property of the City and Trust. The City and Trust. their sole discretion and without liability, shall remove the same and the Licensee shall reimburse the City and Trust for all reasonable expenses associated with such removal and disposal. 57. Compliance with Environmental Laws Licensee represents and warrants that during the tern of this Agreement, or any extension thereof. it will not use or employ the Public Property, or any other City owned property, to handle. transport. store or dispose of any Hazardous Materials and that it will not conduct any activity on Public Property or City owned property in violation of any applicable environmental laws. Notwithstanding the foregoing, Licensee may handle, transport, store or dispose of Hazardous Materials as necessary for Licensee's Race Events on Public Property as long as such handling, transportation, storage and disposal is performed in strict compliance with all applicable laws and regulations. Licensee hereby indemnifies and holds harmless the City and 30 02-066 the Trust and their respective officers. employees and agents. from and against all actions and liabilities relating to the Licensee's handling. transportation. storage and disposal of Hazardous Materials on or about the Public Property or City owned property. 58. Invalidity. In the event that any non -material provision of this Agreement shall be held to be invalid for any reason. such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 59. Time of Essence. It is expressly agreed by the parties hereto.that time is of the essence with respect to this Agreement. If the final day of any period falls on a weekend or legal holiday. then the final day of said period or the date of performance shall be extended to the next business day thereafter. 60. No Interpretation Asainst Draftsmen The parties agree that no provision of this Agreement shall be construed against any particular party and each party shall be deemed to have drafted this Agreement. 61. Further Acts In addition to the acts and deeds recited herein and contemplated to be performed. executed and/or delivered by the parties, the parties each agree to perform. execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts. deeds and assurances as may be necessary to consummate the transactions contemplated hereby. 62. Litisation Any dispute herein shall be resolved in the courts of Dade County, Florida The parties shall attempt to mediate any dispute without litigation. However, this is not intended to establish mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief. 63. Successors and Assigns This Agreement shall be binding upon the parties, and their successors and assigns as permitted herein. 31 02-1066 64. Third Partv Beneficiary This Agreement is solely for the benefit of the parties hereto and no third parte shall be entitled to claim or enforce any rights hereunder except the united States Army Corps of Engineers. 65. No Partnership Nothing contained herein shall make, or be construed to make any pam a principal. agent, parmer or joint venturer of the other. 66. Amendments No alterations, amendments or modifications hereof shall be valid unless executed by an instrument in writing by the parties with the same formality as this Agreement. Neither this Agreement, nor any term hereof, can be changed, modified, or abandoned, in whole or in part, except by instrument in writing, and no subsequent oral agreement shall have any validity_ whatsoever. 67. Miscellaneous Title and paragraph headings are for convenient reference and are not a part of this Agreement. 68. Entire Agreement This Agreement and represents the entire understanding between the parties hereto as to the subject matter hereof. and supersedes all prior written oral negotiations, representations, warranties, statements or agreements between the parties hereto as to the same. There are no promises, tenors and conditions, or obligations other than those contained herein, and no party has relied upon the statements or promises of the representatives of any party hereto. 69. Authority. Each of the parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf. 32 02-1066 70. Approval By Emergency Financial Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result. contracts shall not be binding on the City until such time as they have been approved b% the Oversight Board. Execution of this contract by the City Manager shall constitute evidence of its approval by the Oversight Board. 71. Approval By the United States Armv Corps of Engineers The United States of America, U.S. Army Corps of Engineers owns a portion of the Park and has leased that portion to the City under a lease agreement dated August 16. 1990 ("Corps Lease"). This Agreement is subject to the conditions of the Corps Lease and shall not be binding until the City receives written approval of this Agreement from the United States Army Corps of Engineers. In the event that the United States Army Corps of Engineers does not grant its approval of this Agreement, the parties will endeavor to locate another site for the Race Course and Race Perimeter. However, if the parties are not able to agree upon the location and terms of the agreement, then this Agreement shall be terminated upon thirty (30) days notice to the other parties to this Agreement. (over) 33 _ 02-1066 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be du1• executed and delivered by their respective officers and hereunto dul%, authorized as of the date first above written. ATTEST: Delaware J B, v: l Peter J. anowitch. ATTEST: Ater Foeman City Clerk WITNESS/ATTEST �' Sas Q ��clli APPROVED AS TO INSURANCE REQU � 14 ' t4k t — Mario Soldevilla. Risk Management Administrator a CITY OF MIAMI. a municipal corporation of the State of Florida S ity Manager BAYFRONT PARK MANAGEMENT TRUST. a limited agency and instrumenteiity of the -City of Mi Jay Con#antz, Executive Director 34 Exhibit A (Public Property) 02-1066 r: LEGEND RACE CA"M 1 AVOU I It H LU t SI NI M(I MCI vte'K It" if I wrwa/a MMI 71Mpl Pit MMI nealtertict d n _ 1 Al -. - - - - -- ' .a -; 1 I 1.0 .-4; --i1 liter =i--71 Is -T— * 1 I& American Le Mans Series Course - Public Property SCA I' _ 100 0 Exhibit B (Course Layout) 02-1066 Exhibit C (Race Perimeter) 0 2 r 1 V 6 ��, N. `• / ♦ 0 LEGEND PWPN(O W foal p0maMAIL POIC"S40 I" ANA pwWw: is' to -GH phi WAI I PFAPOSIO 11101SIA" CPWSSQAN W&M POOPM f1wa PKPOUDPAWKNAIWA FOOPOND " IC V1110 I ACCESS KI 14 1191q POOPMO 11111911A GPAPOSIN" FOOPMOVIF CIFICNILAIM $91100. " NOKAIS roorm:CAKNA"CCAMAImk PNOMOMINEW"GATE POOPOSE YMM)COKOISMUMIS 110110vapmr) MI pft*nwOvv IRALM So long PROPOROOMK481AUMA111A PMILXXS BISCAYNE BAY b-61 H -q I Ak N.E. 3rd AVE. Ll 0 �10 SE 3,d AVE.an I - � U1 C13 117-7 —A of 1 -------- Ui U1 --,.i 2� U INS H.E. 2W AVE. '.-I A F-% "ORIN J4 is MI American Lemans Series Course - Course Layout S"Of 1, IV 0' EXHIBIT D _ LEGEND O� MCC COURW IAWOU111 Sr W ISI ►O OMO►II AKA ►IIOMSCO►AOOOU AIOA 11ACi ►C nY lr 11 ►OOMYO W H011 OAAN 0 WAII ►nOMSC0I""GHPII*A t ►OO►OSCOrFNCE US tu i;�Or aim► 1— N E Mrd AVE C 'n N I ®.._. 1 0 $ F Jrd AVE _ - - —• Co V6I 1~/1 IA IV~pCI 1 - t - W W W _jW — W — < z _ z z _ _ N E 2nd AVE _ I - -- •. r -- - - - 1 r- - - `- r-+wAr� r - .-r-.--r-�-=+i 1.-. 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P too" Wi/1 ■Blrtae"$) • awl IMI Valle pwy/fef_ atIMI e 0)000 w setouM "" ��pC ./ ■. tt1eA1 I /Mu1•K t1e law Beres rtM Bf. IM f/ 1w 1.1 Mt t. vel BotaM ela at 1 ttaap of Ie11Vle MtMP *it I81 Q tlen wt 48ll • •t;Y:18Itwmp Plain rK ■ RM Inver "0" r s1 tw " we at /• Cava r e1u.o Ry (Mur Mal M of Iw 1I Iw am see ■ave 0"2 �• rK..a are .1 ./ IN U to) •l bo 11 on seW sell s OW0.se t.K.M wWi Colt 006.41) .t a /l ►•V /1 w seW seQ of ltln.a flKa/se eel e.. "$I ►. tl wB.Wi .per lv Lalamw tomw4 /rlr r f1 /w It te� f/ur y.e 1■wll a IegeAl te0+.e /Wr up■ telrle.wIN .aM- Coto ..rte NINAet■.0 • ~W 104, 0.44 p11MAMru • Y■M 1.11 Valli MW too 1111.411 • wam1 ►.Ma MW to etas . we of r.0 W .l we no CAI -A ae IBIIrf p 1A909,1111 eat Ill last ate e.MM w anon" Image UI C.11 rua■a.l weUSOC Ilse IIOI►I BOAS) a11Mea.i w O/n.r KIM I/Olr Bare$ Mt/ at we CMdA 0 OKa.f rle MRI a1 r.ro) taws O OKa.lt R1 1 at /f era t1 ae Ntou" NOW eat/) at et 3.0 /1 we anent r.Itc 904 P•a►• OWAS) we et t.l 11 Inwe. Bare) Ole of >r 11 ea11 .ae .1e ams eve. SKMfl am .0 OM1/ tale Bawl too U1 out M w/ /p vel ase& • 000-M Otc..a rM • OB -"&a■ • ree.et f11u14 el.e am$-erao.t■ M, enc -an r• Mt w 11 be of b awls a e..w ..btlrt.Q too -IS Ienb we "Heal V.r eaele too" ell$ .mt..tM.ttl • rapW IN .O.•O I■1 10 #.&1 .u■It.o■gtab"Col •.woa. ON eM par w.B a..1 t11tM W /wB-par few .* WWI w+.K V.NNy tet is GrIt".r am 1 1'•�, 1 I. 11 I . 11 •� • 1 �• 1 .••��I •1•.1'• • 1,I•r 11-111' •lass 111 I! !\ \\I 1 1 1.11\\ (11) Mfel/ll0 • AJAeeI � �A�r1elA$•f110 ...r�i�►rrw i�r�.. P■1 r►�1 •■ F1 rte. AY$MCAM /wlMl$ a..., — "lora or AMA$ ro M 1100AM0 C-3 AREA I Location A: • Drainage survey must be obtained, catch basin must be capped and valley gutter to be removed. • Regrade intersection and low points will be along existing curb inlets • Front portion of traffic island to be removed and asphalted if this area is to be made wider. Location B: • Concrete curb and sidewalk areas may have to be cut-back due to narrow width of this area. • Large tree in this area must be maintained — this is a critical area for track width. Location C: • Entire traffic curb island to be removed, reconstruct curb and gutter and asphalt entire area. • Width of track in this area critical as well at this location. Location D: • Barrier wall placement will delineate track. • Replace valley gutter and regrade outside lane to curb and gutter. Place drainage inlet at low point and connect to existing box. Location E: • Possible milling and resurfacing due to manhole top lip above existing ground. LocationF: • Area must be regraded and low point relocated due to severe grade change between arras. • Decision on either clipping planter or flag stand. 02-1066 Ft: AREA II Location G: • Existing width is 34' (concrete surface) but may be widened to the east. Location H: • 1 light pole, 1 tree, l concrete bench and concrete trash container must be removed or relocated. • Turn into fountain must be prepared by laying base and concrete in one comer. • Must remove surface of fountain walkway and pave with appropriate surface (concrete). Location I: • New areas of concrete to be placed / Widen road surface. • Light pole relocation necessary. Location J: • Remove trees and shrubs and traffic island and repave entire area. • Transition area from concrete to asphalt and parking lot. • Concrete traffic curb "fingers" to be removed and paved over. Location K. • Remove curb and pavers from island and tip of north comer — Island area to be removed as well — Pave and stripe out area. • Relocate sign in island. AREA FV Location L: • Mill and repave private paridng lot • Provide transitions to Biscayne Boulevard. • Adjust / protect utility covers at Biscayne Blvd. 02-1066 AREA V - Location M: • Alt. 2 concept — this area must be verified further due to possible utility issues under metromover. • Area under metromover must be removed and paved. • Mast arm relocation is necessary — base and permitting. AREA VI Location. N (Pit -out): • Removal of concrete curb and gutter, pavers and tree grates. • Relocate 3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location O: • Removal of concrete curb and gutter, pavers and tree graze. • Remove canopy. • Adjust manhole top. Utility owner to be determined. • Relocate 1 tree (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location P: • Removal of concrete curb and gutter, pavers and tree grates. • Relocate "hnm Pablo Duarte" Monument to center of traffic island. • - Adjust manhole top. Utility owner to be determined. • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down iimerock base, compact and asphalt. Location Q: • Removal of concrete curb and gutter, pavers and tree grate. • Relocate 1 tree (location to be determined). • Once area is cleared, -lay down limerock base, compact and asphalt. • May require removal of island nose nearest to NB Biscayne Boulevard if pit- out itout location is placed here. 02V"®�J Location R: • Removal of concrete curb and gutter, pavers and tree g=ates. • Adjust manhole top. Utility owner to be determined. • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location S: (Pit in) • Removal of concrete curb and gutter, pavers and tree grate. • Adjust gas main valve location. • East curb may have to be removed if pit -out is located at this location. • Relocate 1 tree. (Location to be determined.) • Once area is cleared, lay down limerock base, compact and asphalt 02-1066 Exhibit E (Commitment letter from American LeMans Series) 02-1066 SCOTT ATI.1ERTON D,rs :3: W A►,o Coo f 1e7�'� S"OAU July 3, 2001 VIA FAC8IM= 1.305-374-7444 Mr. Peter Yanowitch Yanowitch Law Center 800 Brickell Avenue, Suite 550 Miami, EL 33131 Dear Mr. Yanowitch: As a result of our lengthy negotiations. I am pleased to infostn you that the American Le Maas Series is now ready to confirm a 2002 event in Miami. F.- Please consider this lctter as a good faith indication of our commitment w confirm a formal sanction agmement contingent upon the :ity of:viismi etccuting an agreement with R=eworks. Inc. Obviously here arc many details that remain to be consumed, however we look forward to working With you and your team to formalize this agreement in the near future. if you have any questions regarding this document, please do not hesitate to call me directly. Sincerely, SAlclh Don Pancz Dennis Huth I- 7rY+ Qt Aonsnw.�r •vey� a AO.a� rr�y r• :n=,'y *WrI., <<•47oa% .Rxhibit E CwIW-7ni.1'4A 7A�0 o2 -loss Exhibit F (Mitigation Plan) 02-1066 Raceworks, LLC - -_ American Lemans Series Course: Site impact Assessment and Mitigation Plan The existing site for the proposed racecourse includes portions of Biscayne Boulevard, the service road for Bayside Marketplace. the waterfront promenade in Bayfront Park and Chopin Plaza between Bayfront Paris and the Intercontinental Motet. The racecourse has been designed specifically to utilize the existing roadways in all of these areas as well as the parking lot area between northbound and southbound Biscayne Boulevard. The racecourse will have minimal impacts to each of these sites and we have carefully analyzed the details of these impacts as part of the planning process. We have determined that there will be four areas of impact~ those include vegetation, landmarks, infrastructure and post race restoration of the site. 1. Vegetation The racecourse begins on Biscayne Boulevard and continues south to a private parking lot traveling past Chopin Plaza weaving through Bayfront Park and passing by Bayside Marketplace. Through careful planning and configuration of the racecourse the impacts are minimal to the existing vegetation in the site. AN of the trees or palms that are impacted by the racecourse will be transplanted within Bayfront Park. • Biscayne Boulevard- 200 existing trees ana palms only 21 will be impacted by the racecourse. • Chopin Plaza — 8 palms will be impacted by the racecourse. • Bayfront Park- 500 existing trees and palms less than 1% or a total of 5 palms will be impacted by the racecourse. • Bayside Marketplace- 100 existing trees and palms along the side of Bayside Marketplace only 2°% or a total of 2 trees will be impacted by the racecourse. We have provided a detailed tree disposition plant, plant list and site photos that include the botanical name, common name. height. spread. canopy and trunk diameter at breast height for each treelpaim impacted as part of this submittal. Detailed plans of the proposed relocation site for the vegetation will be provided to the City of Miami Parks and Recreation Department for approval prior to installation. If for any reason any of the trees or palms do not survive the transplanting process they will be replaced on a 2:1 basis with the same species and same size tmelpalm. If for any reason the same sae tree/palm is not available in the commercial market they will be replaced with the same species in a smaller size on a 3:1 basis. Shrubs will be replaced with new three gallon plant material and groundcover will be replaced with one gallon plant material. EXHIBIT F Tree Transplanting Process All of the trees proposed for transplanting will be relocated under the supervision of a certified arborist according to standaros established by the American Society of Consulting Arbonsts. This will include root pruning 8 weeks prior to transplanting to establish proper root growth. These trees will also have some canopy pruning during this time to prepare them for the transplanting process. Any new that are not currently watered with an irrigation system will be hand watered with a water truck during the root pruning process. The trees will be relocated to a new location within Bayfront Park utilizing heavy equipment Any damage to the park site or irrigation system during the transplanting process will be repaired as part of this process. ff necessary the existing irrigation within Bayfront Paris will be expanded to provide adequate irrigation for the transplants. All trees will be braced to prevent any injury to the trees and the public due to the strong winds from Biscayne Bay. Transplanted trees will be monitored on a monthly basis for a period of one year to assess the condition. Any trees that do not survive the transplanting process will be replaced at the end of one year. Palm Transplanting Process All of the palms proposed for transplanting will be relocated under the supervision of a certified arborist according to the standards established by the American Society of Consulting Arbon=. The palms do not require root priming and can be relocated prior to the trees. The palms will be relocated to a new location within Bayfront Park utilizing heavy equipment. Any damage to the park site or the existing irrigation system during the transplanting process will be repaired as part of this process. If necesSary the existing irrigation within Bayfront Park will be expanded to provide adequate irrigation for the transplanted patens. All palms will be braced to prevent any injury to the palms and the public due to the strong winds from Biscayne Bay. Transplanted palms will be monitored on a monthly basis for a period of one year to assess the condition. Any Palms that do not survive the transplanting process will be replaced at the end of one year. 2. Landmarks Bayfront Park • The large fountain by the waterfront in Bayfront Park will not be impacted by the location of the racecourse. Structural barriers will be placed in front of the existing fencing during races to avoid any potential impacts to this landmark. • The Claude Pepper statue on axis with the fountain will not need to be relocated. The walkways parallel to the bay are lined with concrete benches that wi l be temporarily removed and replaced immediately after the event. 02-1066 Biscayne Boulevard • There are two existing small sculptures that will be relocatec wrtn the cny s permission. Bayside Marketplace There are three existing flagpoles by the Casino Prince= docking station that will be upgraded to removable poles that will facilitate relocating during each race. There are also five decorative concrete planters adjacent to the flagpoles that will be relocated during races. Both the flagpoles and the planters will be replaced in their original position after each race. Directly south of this location there are six concrete planters that will also need to be relocated. 3. Infrastructure The racecourse has been planned to minimaby impact the city streetscape and infrastructure. The course utilizes the existing roadways in all kxations of the site and therefore does not require the construction of any new roadbeds. With regard to the specific streetscape components within this area, the racecourse has no impacts to the Metro Mover structure and no impacts on pedestrian access to the Metro Mover other than during race day. The surface parking areas located between northbound and southbound Biscayne Boulevard are not impacted by the racecourse. 4. Post Race Site Restoration After all race events the site will be restored to the pre -race conditions. The restoration techniques will include: • All tire and skid marks from vehicles will be removed from sidewalks and roads with a combination of pressure clearing and er>"ronmentaNy acceptable solvents. • All event debris and trash will be containerized and renwved from the site. • All temporary site furniture such as bleachers, trash receptacles. portable restrmns, temporary fencing, traffic bollards and safety barriers will be removed from the site. • All turf areas that are damaged by race vehicles, pedestrian traffic, or service vehicles will be resoddod. • All ground cover or shrubs that are damaged by race vehicles. pedestrian traffic. or service vehicles will be replaced. • Any damage to signage. lighting or utilities will be repaired. Exhibit G (Tree Disposition Plan) 02-1066 I�®AIV (1 N 11 1 11n�� 1\II I•� x,.11 i,r 11011 11 MASS \14 dupe 11'1111 4.11 lip !! M 1 1191AK LEGEND _ PROVOSEO COURSE /Aloul O z �o x Cc f -- -- -- �_~'-- oHtUM� 14UYe�l�r�r �wwMlyt>1c 4 UTH BOU D) - - .. R N W W u � N.E. 3rd AVE. l.i to MIOYIL�O•AAAJIt � 1AOlEMAO•MO — — H - — O �1�11�CAn LOON y Meru coup" 1 � wr w .VI w wnua � • wr. �• wr oJOAJnn JIII" w "MpMJ K" OTRANSPLANT (5) COCONUT PALMS RELOCATE LIGHTS IA, 18, 1C, 10 do 1E OTRANSPLANT (3) SABAL PALMS do REMOVE MISC SHRUBS 3A, 38 do 3C I 1 .i•. IN 11 I...II — 1•.•kI `I \I.1 &•v IM O I'lull III ,,I.W %\I 111:19.1 OTRANSPLANT (5) SABAL PALMS k REMOVE MISC. SHRUBS 2A, 28, 2C. 2D k 2E OTRANSPLANT (7) THATCH PALMS (SOUTH SIDE) RELOCATE STREET LIGHT POLE k CROSSWALK SIGN 4A. 48. 4C, 4D, 4E. 4F do 4G tD C� O 1 C4 O o/ArLLo•MA1.► • 1AA�IAAA•MO a. ti w ArA1CAl1 •MAM NIIIAo Oowm r ww 4l—u ti M.• r ,�M W M/IN� Iwo • /,Y� YrA oAonlo IlAoffAi1011 r � M-2 © TRANSPLANT (2) PIGEON PLUM TREES do (1) PINK TRUMPET TREE (NORTH END) FOR EXIT OUT OF PIT AREA 5A, 5B & 5C OTRANSPLANT (2) SILVER BUTTONWOOD TREES, (2) PINK TRUMPET TREES do (1) PIGEON PLUM TREE (NORTH END) REMOVE (I) STUMP (SOUTH END) 7A, 78, 7C, 7D, 7E do 7F I 11,,•, 1111 1,", .It." I..•11 11 \fIll11 11.1 &,v 11.1111 )11,11 111 IN t• %\1 1 1 111-19 OTRANSPLANT (1) PINK TRUMPET TREE (SOUTH END) do (4) PINK TRUMPET TREES (NORTH END) 6A, 68, 6C, 6D k 6E OTRANSPLANT (1) PINK TRUMPET TREE (SOUTH END) FOR WDER ENTRANCE TO PIT AREA 8A h�J MA►IN►LO•AAAr • �A�11t/A�•NO AIrIrCAM tarAw �� eowM W MI.N• W 1.. 1r R itMriAigN - M•3 OTRANSPLANT (2) GUMBO LIMBO TREES do REMOVE MISC. SHRUBS 9A do 98 11 RELOCATE (3) FLAG POLES, (5) PLANTERS di (2) PAYPHONES 11 1 1'.1,11\ II 1.,•, ., 11,•• I,.,•/ 1 11 MOM \1'I ,1,%•' 11.111 4KII III 1111%.\AI 11111'1.1 10 REMOVE PLANTER k SHRUBS (PHILODENDRON SELLOUM) 1Z RELOCATE (6) ARECA PALMS do PLANTERS 12A, 128, 12C, 120, 12E & 12F IN 1 M�I�llO•AJAIA � ���I1A�t•MO 111•x,__ 0 AI Am Lamm w�� oewiw w wnu.• W sot, saw \-1 Ir, ate MMilk"m M -I I If I 1 '11 1-. , U.- I -A 1 I I ANOM \I'I &wVANIII _`IMII 11121 12 AM 1 1 111'1-1 RESOLUTION WHEREAS, Raceworks LLC desires to enter into an agreement with the City Of Miami for the licensing of motor sports race event; and WHEREAS, the Members of the Limited Liability Company have considered the matter in accordance with the opervang agreement of the Limited Liability Company-, NOW 'THEREFORE, BE IT RESOLVED BY THE MEMBERS that Peter yanowmh, Manager of Raceworks LLC is hereby authorized and instructed to cm= unto a contract, in the name and an behalf of Raceworks LLC, with the City of Miami upon the == contained in the proposed contract to which this resolution is attached Dated this ��- day of�, 2001. (CORPORATE SEAL) MIT 099 TS -02-1066 AMENDMENT NO.1 TO REVOCABLE LICENSE AGREEMENT THIS AMENDMENT (hereinafter referred to as "Amendment") to the Revocable License Agreement (hereinafter referred to as "Agreement") made as of this /5 day of 2004 -by and between Raceworks, LLC, a limd l iteiability corporation organized and existing under the laws of the State of Delaware and licensed as a foreign corporation in the State of Florida (hereinafter referred to as "Licensee"). the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and Bayfront Park Management Trust. a limited agency and instrumentality of the City of Miami (hereinafter referred to as "Trust"). WITNESSETH: On October 23, 2001, the parties hereto entered into the Agreement for Licensee to promote and stage Raceworks Events on Public Property. The City, Trust and Licensee desire to amend the Agreement so that the Licensee shall have the responsibility for making the Initial Improvements, to provide for additional improvements, modify the Mitigation Plan and modify the Tree Disposition Plan. In consideration of ten dollars (S10.00) paid by Licensee to City and Trust and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Amendment to Agreement. The Agreement is hereby amended in the following respects: A. Provision 12 entitled "Initial Improvements to the Race Course" is amended to authorize the Licensee to be the party responsible to make the necessary Initial Improvements to the Public Property. This provision is hereby amended by deleting it in its entirety and inserting the following in lieu thereof: "Licensee has designed the Race Course which requires Initial Improvements. Based upon modifications to Public Property that is depicted as Exhibit D, attached hereto and incorporated as part of this Agreement, subject to obtaining approvals from the applicable government entities, the Licensee will make the necessary Initial Improvements to the Public Property. Licensee shall be financially responsible for the costs of the Initial Improvements contemplated herein. Payment for the costs of the Initial Improvements shall be made in accordance with Paragraph 13 below, entitled "Payments for the Costs of Initial Improvements." Some of the Initial Improvements may require approval by the Army Corps of Engineers, State of Florida Department of Transportation, Miami -Dade County, the Water and Sewer Authority, other federal, state and local government agencies, and any other entity which has the right to permit or provide approval for access to Public 02--1060 Property. The City makes no representation to the Licensee concerning such approval. The Licensee shall take the steps necessary to obtain the requisite -,approval and/or permits to make said Initial Improvements. The Licensee will make initial Improvements on a timely basis so as to facilitate the timely promotion and staling of the initial Race Event that is scheduled April 5-7, 2002, subject to the force majeure provisions contained herein. In the event that additional design and construction is required, the parties will cooperate in good faith to complete such design and construction, respectively, on an expedited basis so as to facilitate the initial Race Event to be conducted as scheduled. - B. Provision 13 entitled "Pavment of the Costs of the Initial Improvements" is amended to reflect that at the time of this Amendment, it is the Licensee's intent to do the Initial Improvements. This provision is hereby amended by deleting the provision in its entirety and inserting the following in lieu thereof. "Licensee shall pay for the Initial Improvements, which shall be constructed by the Licensee in phases ("Phases") to be determined by the Licensee in its sole discretion. Prior to the commencement of the Initial Improvements, Licensee shall execute, deliver to the City Manager, or designee, and record in the public records of Miami -Dade County, a payment and performance bond with a surety insurer authorized to do business in this state as surety. The bond, which shall be in the full amount of the costs of each phase of the Initial Improvements, must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity, if any; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons who furnish labor, services, or materials for the prosecution of the work provided for in the contract. The Licensee shall provide the City Manager, or designee, with a copy of its agreement with its contractor. No claim against the bond or action against the contractor shall involve the City or Trust in any expense. The requirements of this paragraph shall be in compliance with the provisions of Fla. Stat. § 255.05 (2001). " C. In addition, the following language is inserted as provision 13.5: 13.5- Mechanics' Liens. The Licensee shall not knowingly suffer or permit any mechanics liens to be filed against the title to the Public Property by reason of work, labor, services or materials supplied to the Licensee or anyone having a right to possession of the Public Property as a result of an agreement with or without the consent of the Licensee. Nothing in this Agreement shall be construed as constituting the consent or request of the City or the Trust, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials, for any specific work on the Public Property nor as giving the 2 0.2-166 a Licensee the right, power or City or the Trust to contract for or permit_the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanics liens against the City or the Trust's interest in the Public Property if any mechanics lien shall at any time be filed against the Public Property, the Licensee shall cause it to be discharged of record within thirty (30) days after the date that it has notice of its filing. The Licensee shall not be required to pay or discharge any mechanics' lien within the thirty (30) day period, so long as the Licensee shall in good faith proceed to contest the lien by appropriate proceedings. It shall furnish reasonably satisfactory evidence that funds are or will be available to pay the amount of the contested lien claim with all interest on it and costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. If Licensee does not 1) cause a mechanics lien to be discharged of record within thirty (30) days after the date the Licensee has notice of the filing of a lien or 2) Licensee does not in good faith proceed to contest the lien by appropriate proceedings within the thirty (30) day period, then Licensee shall be in default of the Agreement." D. Provision 18 entitled "Licenses. Authorizations and Permits" is amended by deleting in its entirety the first sentence of the second paragraph and inserting the following language in lieu thereof: "The Licensee shall obtain licenses, authorizations and permits from the applicable county, state and federal agencies for Initial or Subsequent Improvements, modifications and maintenance that it shall perform on the Public Property. Licensee shall pay for such costs. Additionally, Licensee shall obtain, or cause to be obtained, and maintain in full force and effect throughout the term of this Agreement or any extension thereof, at its sole expense, all other licenses, authorizations and permits that are necessary for Licensee to conduct the Raceworks Events." In addition, the remaining language after the first sentence in the second paragraph is turned into anew paragraph in this provision. E. Provision 23 entitled "Risk of Loss" is amended by deleting the first sentence in its entirety and inserting the following in lieu thereof: "Licensee agrees that neither the City nor the Trust shall be liable for any loss, injury or damage to any personal property or equipment brought into the Race Perimeter by Licensee or anyone whomsoever while making Initial or Subsequent Improvements or during Use Period." F. Provision 34 entitled "Compliance With Laws" is amended by deleting the first sentence in its entirety and inserting the following in lieu thereof "Licensee and/or its authorized agents agree to comply with applicable laws, codes (including, but not limited to, the South Florida Building Code as it may be amended), ordinances and regulations enacted or promulgated by federal, state, county, and City government including the provisions of the Charter and Code of the City. G. Provision 38 entitled "Insurance" is amended by deleting it in its -entirety and the following language is inserted in lieu thereof: "For Raceworks Events, Licensee shall obtain a policy of public liabilin? and property damage insurance, in a form acceptable to the City's Risk Management Administrator, protecting the City and the Trust, and their officers and employees. against any and all liability due to the death, injury, loss or damage to persons or property arising out of, or in any way incident to Licensee's operations during the Raceworks Events. Licensee agrees to provide such liability policy in comprehensive form, including pollution liability coverage and products and completed operations coverage, in a form acceptable to the City's Risk Management Administrator, in the amount of not less than $20 million dollars combined single limits for bodily injury and property damage and Workers Compensation insurance for its employees and contractors performing any work during Raceworks Events. The City and Trust shall be named insureds under these policies and name AT&T, or any other subsequent sponsor(s) of the Park, and the united States Army Corps of Engineers as additional insureds. For all other times of the Use Period, Licensee shall obtain a policy of public liability and property damage insurance, in a form acceptable to the City's Risk Management Administrator, protecting the City and the Trust, and their officers and employees, against any and all liability due to the death, injury, loss or damage to persons or property arising out of, or in any way incident to Licensee's operations during all other times of the Use Period. Licensee agrees to provide a liability policy in comprehensive form, including pgllution liability coverage products and completed operations coverage, in a form acceptable to the City's Risk Management Administrator with combined single limits for bodily injury and property damage and Workers Compensation insurance for its employees and contractors performing any work during this period. The City and Trust shall be named insureds under these policies and name AT&T, or any other subsequent sponsor(s) of the Park, and the United States Army Corps of Engineers as additional insureds. The limits of such coverage shall be an amount acceptable to the Risk Management Administrator, within his/her reasonable discretion. For any Initial or Subsequent Improvements made by the Licensee, Licensee agrees to provide evidence of the General Contractor's general liability and Workers Compensation insurance with combined single limits for bodily injury and property damage. The limits of such coverage shall be an amount acceptable to the Risk Management Administrator, within his/her reasonable discretion. The City, Trust and the United States Army Corps of Engineers shall be named as additional insureds of the policies." H. Provision 39 entitled "Risk Review" is amended by deleting it in its entirety and the following language is inserted in lieu thereof. "A copy of the certificates of insurance covering any Initial or Subsequent Improvements made by the Licensee shall be filed with the City's Risk Management 4 02-1066 Division not less than five (5) business days prior to the Licensee commencing anv Initial or Subsequent Improvements. Within thirty (30) days thereafter, Licensee shall submit to the City's Risk Management Administrator copies of the policies described in this paragraph for his/her approval, which shall not be unreasonably withheld. A copy of the insurance policies evidencing coverage for Raceworks Events and other insurance required during a Use Period shall be filed with the City's Risk Management Division not less than thirty (30) days prior to the commencement of any Use Period. All policies required under this agreement shall provide that such insurance coverage will not be cancelled or modified without at least thirty (30) days prior written notice to the City or Trust. At least thirty (30) days prior to the expiration of any such policy a renewal policy showing that such insurance coverage has been renewed shall be filed with the City's Risk Management Division, attention to the Risk Administrator, 444 SW 2nd Avenue, 9"' Floor, Miami, FL 33130. The City reserves the right to periodically review the sufficiency of any insurance policy required under this agreement and to request Licensee to change the insurance coverage of any such policy. Licensee shall, upon receipt of such request, increase the limits of such insurance to any amount reasonably satisfactory to City. Any such additional amount of coverage shall be commensurate with other events of this nature and shall in no event exceed $25 million in coverage or cause Licensee more than ten percent of additional insurance premium charges in any two-year period." I. Provision 56 entitled "Restoration of Public PMRerty" is amended by substituting the number 13 with the number 14 at the end of the next to last sentence in the first paragraph. J. Exhibit "D" (Modifications) is amended by deleting the course layout labeled "C- 1" at the bottom right hand corner and supplementing it with Exhibit "1," the new course layout attached hereto and incorporated as part of the Agreement. The last page of Exhibit "D" is supplemented with Exhibit "2." the Engineering Narrative Supplement, attached hereto and incorporated as part of the Agreement as Exhibit "2." K. Exhibit "F' (Mitigation Plan) is amended by deleting the first page of the Site Impact Assessment and Mitigation Plan and inserting a new first page as Exhibit "3." attached hereto and incorporated as part of the Agreement. It describes the relocation of sixteen (16) additional trees within Bayfront Park along Biscayne Boulevard. L. Exhibit "G" (Tree Disposition Plan) is amended by deleting two pages labeled M- 1 and M-5 in the bottom right hand comer and inserting Exhibit "4," which consists of two new M-1 and M-5 pages and adds two additional pages labeled M-6 and M-7 thereafter, attached hereto and incorporated as part of the Agreement as a composite Exhibit "4." These exhibits describe the relocation of sixteen (16) additional trees within Bayfront Park along Biscayne Boulevard. 5 02-1060 2. Effect of this Amendment. All remaining terms of the -Agreement. not specifically amended herein , shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective officers and hereunto duly authorized as of the date first above written. ATTEST: PhrisNamie ATTEST: Walter Foeman City Clerk CITY OF MIAMI, a municipal corporation of the City WITNESS BAYFRONT PARK MANAGEMENT TRUST, ted agency and in en ity of the Ci f Mi ,Z , �A•��r.v_ PSG APPROVED AS TO INSURANCE REQ L Ld, n - Mario , 7,1 Soldevilla Risk Management Administrator J a ( nstazitz- xecu ve Director- ; ' i� APPROVED AS TO FORM AND CORRECTNESS- .Al&ndro Vtlarello = -'City Attorney 31 C 0'2•_1066 Exhibit "1" (New Course Layout) 02-1060 LEGEND SSSSSSSSI PROPORED COURSE LAYOUT STREETS AND AREAS TO SE CLOSED AREA 11 TRACK LENOTN • 1,64 MMES APPROX. PIT MOT" • 0.20 MILES APPROX. i GIRMELLO•AJAMR. 6 PARTNERS -114C - D.%. 1.......b..i w r� .+wrrMw Iw ��r�1�/Y W.11r I I r.r ' r.. ro. AMERICAN IIMAN$ SERIES COURSE ,O, PROPOSED COURSE LAYOUT Exhibit "Z" (Engineering Narrative Supplement) Location R: • Removal of concrete curb and gutter, pavers and tree grates. • Adjust manhole top. Utility owner to be determined. • Relocate 2-3 trees (location to be determined). • Once area is cleared, lay down limerock base, compact and asphalt. Location S: (Pit in) • Removal of concrete curb and gutter, pavers and tree grate. • Adjust gas main valve location. • East curb may have to be removed if pit -out is located at this location. • Relocate 1 tree. (Location to be determined.) • Once area is cleared, lay down limerock base, compact and asphalt. Location T: • Relocate 9 royal palm trees. (Location to be determined.) Location U: • Relocate 7 royal palm trees. (Location to be determined.) 02-1066 - j�i_. Exhibit "3" (New First Page of the Site Impact Assessment and Mitigation Plan) 02-x1066 Raceworks, LLC American Lemans Series Course: Site Impact Assessment and Mitigation Plan The existing site for the proposed racecourse includes portions of Biscayne Boulevard, the service road for Bayside Marketplace, the waterfront promenade in Bayfront Park and Chopin Plaza between Bayfront Park and the Intercontinental Hotel. The racecourse has been designed specifically to utilize the existing roadways in all of these areas as well as the parking lot area between northbound and southbound Biscayne Boulevard. The racecourse will have minimal impacts to each of these sites and we have carefully analyzed the details of these impacts as part of the planning process. We have determined that there will be four areas of impact, those include vegetation, landmarks, infrastructure and post race restoration of the site. 1. Vegetation The racecourse begins on Biscayne Boulevard and continues south to a private parking lot traveling past Chopin Plaza weaving through Bayfront Park and passing by Bayside Marketplace. Through careful planning and configuration of the racecourse the impacts are minimal to the existing vegetation in the site. All of the trees or palms that are impacted by the racecourse will be transplanted within Bayfront Park. • Biscayne Boulevard- 200 existing trees and palms only 21 will be impacted by the racecourse. " • Chopin Plaza- 8 palms will be impacted by the racecourse. • Bayfront Park- 500 existing trees and palms, approximately 4% (4.2%) or a total of 21 palms will be impacted by the racecourse. • Bayside Marketplace- 100 existing trees and palms along the side of Bayside Marketplace only 2% or a total of 2 trees will be impacted by the racecourse. We have provided a detailed tree disposition plan, plant list and site photos that include the botanical name, common name, height, spread, canopy and trunk diameter at breast height for each tree/palm impacted as part of this submittal. Detailed plans of the proposed relocation site for the vegetation will be provided to the City of Miami Parks and Recreation Department for approval prior to installation. If for any reason any of the trees or palms do not survive the transplanting process they will be replaced on a 2:1 basis with the same species and same size tree/palm. If for any reason the same size tree/palm is not available in the commercial market they will be replaced with the same species in a smaller size on a 3:1 basis. Shrubs will be replaced with new three gallon plant material and groundcover will be replaced with one gallon plant material. EXHIBIT F Revised Page 1 02-1066 eta Exhibit "4" - (Tree Disposition Plan Supplement) -'------ '------------- LEGEND mimiiiiiiini PROPOSED COURSE LAYOUT --------- — -- Rolonicol Nome -- Common Nom trunk Dia. (WOCnnopy ( in feel) Ikeighl ( in feel) SOW ( in feel ) Condition '-- Status fobebua htlerophy6a Pink trumpet 1' IS' —10' - --y9'-_ Good transplant Bursero sinoruba Gumbo tknbo 1.5' 25' 70' 20' Jfe -_ Jle'__ Good fransplonl fransplonl Bursera simombe Gumbo limbo 15' 15' Good Chrysa6docapus Nlescens keco Palm .5' 6' S' 20' Polled -Polled Relocate Chrysa6docarpus lulescens Areca Palm .5' 6' S' 10- Relocate Chryso6docorpus Nlescens keca Pak" .5' 6' S' 20' — Polled -Polled Relaale Chrysokdocapus Nlescens Areca Palen .5' 6' S' y0' Relocole Chryso6docorpus Nlescens Areco Palm .5' 6' S' 10' Polled Relocate ChrysoMocorpus Nlescens keca Palm .5' 6' S' 20' Polled Relocate Royslonto [tato Royal Palm 1' 40' S' 70 Good Relacole Roysloneo (lata Royal Patin 1' 35' S' 20' Good Relocate Roysloneo [lalo Royal Palen 1' 25' S' y0' Good Relocate Roysloneo (Iola Royal Palen t' 25' S. 20' Good Relacole Roysloneo (Ioto Royal Palm 1' 15' S' 10' Good Good Relocate Relocate _-Roysloneo [Iota Royal Palm 1' 35' S' 70' Roysloneo [blo Royal Palen 1' 35' S' 10' Goad Relocate Royston" (Iola Royal Palm 1' Js' S' 70'-- Coed Relocole Royston" [Iola Royal Patin I' V. S' 10' ' Good Good —Good Relocole Relacole Relocole� Roystoneo (Iota Royal Patin 1' 25' S' 10' Royslonto [colo Royal Pak" I J5' S' 20' - — Roystonto (Iola Royal Palm I' JO' S' 70' Coad Good Relocate Relocate Royslonto Elolo Royal Patin 1' JO' S' y0' Royslonea [Iola Royal Palm 1' 15' S' y0' y0' Good Cood Relocole Relocate Royslonto [Iola Royal Pah" 1' 75' S' Royslanea [Solo Royal Poke 1' 75' S' 20' — Good Relocate "t- SERMELLO•AIAMIL I 6 PARTNERS -INC YY IM ~~ eMw C� AMERICAN LEMAN$ SERIES COURSE .r. naw r<F_r■sseti�ee6�1 ERISITINO TREE DISPOSITION TAS(E 14vk(,d ft 1$ TRANSPLANT (5) ROYAL PALMS 13A, 138, 13C, 13D. & 13E m 14 TRANSPLANI (4) ROYAL. PAI W; 14A, 148, 14C & 141) i SEAMELLO•AJAMK 6 PARTNERS -INC 111 M� N IY„IM W M� C) AMERICAN LEMAN$ SERIES COURSE -0, j� w.. "XIS T ING VEGETATION . M-8 i5 18 TRANSPLANT (7) ROYAL_ PALMS 15A, 158, 15C &15D 16A, 16B & 16C 15 �g TRANSPLANT (7) ROYAL PALMS 15A, 15B, 15C &.15D 16A, 168 do 16C SE RMELLO • AJAMIL 6 PARTNERS -INC r w rr�w m �wlir�,y Mr.w ,I AMERICAN IEMANS SERIES COURSE ... ns.r . ' I �w EXISTING VEOETATION RESOLUTION WHEREAS, Raceworks LLC desires to enter into the attached amendment to the agreement with the City of Miami and Bayfront Park Management Trust for the licensing of motor sports race events; and WHEREAS, the Members of the Limited Liability Company have considered the matter in accordance with the operating agreement of the Limited Liability Company; NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS that Peter Yanowitch, Manager of Raceworks LLC is hereby authorized and instructed to enter into an Amendment, in the name and on behalf of Raceworks LLC, with the City of Miami upon the terms contained in the proposed amendment to which this resolution is attached. Dated this 3—k day oAj!t"--VI 2001. illy A. Ikeriiiello Member (CORPORATE SEAL) IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIANII-DARE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 01-17514 CA 24 HOMESTEAD -M 0II SPEEDWAY LLC, %G%�� p� _f a Delaware limited liability company, © �s1 '�� Of Plaintiff, 014 Po�,s,°. VS. CITY OF MIAMI, a political subdivision of the State of Florida, Defendant. 10SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff, Homestead -Miami Speedway LLC ("Speedway") sues Defendant, City of Miami ("City"), and states as follows: Nature of this Action 1. Speedway is suing for relief to which it is entitled by reason of the City's non-public contracting with an private entity, Raceworks LLC ("Raceworks"), giving that private entity use of City -owned waterfront property in downtown Miami to conduct a motor car race. The non-public contracting process violated the Sunshine Law, Fla. Stat. § 286.011, violated the requirement of prior publication of proposed resolutions on such matters, and violated the requirement that the City obtain competing bids. The violations imposed particular injury on Speedway. Had the City complied with the Sunshine Law, P � P publication requirements, and the open bidding process, Speedway could have submitted 02 -lass KENNY NACHWALTER SEYMOUR ARNOLD CRIrcHLOW & SPECTOR h::y r [7 a competing bid to conduct the motor car race (depending, of course,- on the particular bid specifications that were never released by the City). Speedway has lost the potential economic benefit of being selected in an open and lawful process. The Parties 2. Speedway is a Delaware limited liability company authorized and doing business in the State of Florida and in Miami -Dade County, Florida. Speedway has demonstrated success in conducting motor car racing in Miami -Dade County, Florida, by agreement with a municipal government (the City of Homestead). And, at all relevant times, Speedway had the resources and experience to submit a bid to -the City for the right to conduct the motor car race, had the City sought to obtain competing bids as required. Additionally, as a citizen taxpayer of Miami -Dade County, Florida, Speedway has a legally recognized interest in seeing that the City complies with the Sunshine Law. 3. The City is a political subdivision of the State of Florida, and subject to the jurisdiction of this Court for each of the following causes of action by Speedway. Factual Allegations 4. Earlier this year, the City began negotiations with Raceworks to hold a motor car race on City -owned waterfront property in downtown Miami in April 2002. 5. Raceworks first disclosed the terms of its proposed agreement with the City at a City Commission meeting on July 10, 2001. Raceworks' first publicly disclosed proposal included a no -bid, exclusive agreement with a 15 -year term (and 10 -year option exercisable at Raceworks' election), gave Raceworks exclusive use of City -owned waterfront property as a grand prix racing facility and the right to re-route daily traffic, and required the City to: (1) perform $850,000 of street improvements for the race, (2) provide fire, police and sold waste services totaling $320,000 per year for the term of the 2 KENNY NACHWALUR SEYMOUR ARNOW CRITCHLOW & SPEaOR 02-106 V agreement, and (3) provide storage facilities for the race track=_equipment at an approximate value of $100,000 per year for the term of the agreement. 6. In return, Raceworks first publicly disclosed proposal provided for Raceworks to pay the City I% of gross revenues for years I and 2, 2% of gross revenues for years 3 and 4, and 3% of gross revenues for year 5 through and until the duration of the agreement. The City would also have been entitled to certain proceeds in the event that Raceworks sold its rights under the agreement to conduct the race. The Bayfront Park Trust was also to receive $50,000 in rent, plus a CPI cap at 4% and a 1% ticket surcharge on all tickets sold. Payments would be due 30 days after each race event. 7. At the July 10, 2001 City Commission meeting numerous persons representing various public and private interests stated their objections to the proposed agreement as disclosed by Raceworks, which had been privately negotiated by the City and Raceworks. The public and private parties represented at the July 10, 2001 City Commission meeting included the City of Homestead, Speedway and other community activists. The issues raised at that City Commission meeting, which are now a matter of public record, included environmental, traffic and other public safety concerns, issues regarding the resulting negative financial impact on downtown businesses, as well as the neighboring City of Homestead, and issues regarding whether the proposed agreement was in the City's best financial interest. Speedway also questioned the legal sufficiency of a no -bid, exclusive agreement providing for use of City -owned waterfront property by a private entity, and the City's related expenditures of tax dollars and obligation to provide costly in-kind services, storage facilities and the like for a private entity's benefit. S. Afterpublic statements at the July 10, 2001 City Commission meeting were completed, a motion was made by City Commissioner Joe Sanchez authorizing the City Manager and Bayfront Park Trust to continue negotiations with Raceworks and present 3 02-1066 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR to the City Commission on July 26, 2001 a different proposed agreement for consideration by the City Commission. The motion was amended to require that the details of the revised proposed agreement be publicly disclosed at least 5 days prior to the July 26, 2001 City Commission meeting. As so amended, this motion was approved and adopted by a vote of the City Commission. 9. Upon information and belief, the City Manager, Carlos A. Jimenez, and/or City employees acting under his direction and control, engaged in further negotiations with Raceworks after the July 10, 2001 City Commission meeting. The negotiations continued to be conducted entirely in private and to the exclusive of .Speedway and any other members of the public. 10. Contrary to the City Commission's motion passed at the July 10, 2001 City. Commission meeting and applicable provisions of the City Code, including Section 2-33 10 of the Code, the City first made publicly available the terms of the revised proposed agreement with Raceworks after the close of business on July 24; 2001, i.e., just 1 day prior to the July 26, 2001 City Commission meeting. Further, the Term Sheet made available at that time failed to disclose material terms that were reasonably necessary to understand the workings of the revised proposed agreement and, for example, whether the proposed agreement complied with Miami's Comprehensive Neighborhood Plan (1989-2000). The Term Sheet was also materially different from the terms proposed at the July 10, 2001 City Commission meeting. In addition, the Term Sheet was materially different than the terms contained in the most current version of the proposed written agreement that had been distributed by the City in response to a Public Records Request. These material differences included, but were not limited to, critical terms regarding City expenditures required under the agreement and the payment of monies to the City in the 0 event Raceworks were to sell the right to conduct the race to third parties. 4 KENNY NACHWALTER SEYMOUR ARNOLD CRlTCHLOW & SPECTOR 02-1066 0 11. At the July 26, 2001 City Commission meeting, the= City Commission conditionally approved the revised proposed agreement with Raceworks subject to final ratification by the City Commission at its August 9, 2001 meeting, apparently after more remaining issues were negotiated. The resolution to authorize the City Commission to conditionally approve the revised proposed agreement with Raceworks was not published as required by the City Code. In fact, the public notice of the July 26, 2001 City Commission meeting did not state that the City Commission would vote on whether to approve a final agreement with Raceworks, conditionally or otherwise. 12. At the August 9, 2001 City Commission meeting, the City Commission voted to ratify a further modified version of the proposed agreement with Raceworks. The City posted a version of the proposed agreement with Raceworks 5 days before the August 9, 2001 City Commission meeting, but that version was superseded and materially different from the version that in fact was ratified on August 9, 2001. Accordingly, the City failed to abide by the City Code requirement and City •Commission directive requiring at least 5 days advance public notice of the agreement to be voted on. The public also was prohibited from commenting at the August 9, 2001 City Commission meeting, on either the earlier posted version or the version actually ratified, contrary to Section (A) 5 of the Home Rule Charter of Miami -Dade County, Florida, as well as in violation of the Sunshine Law. 13. The agreement between the City and Raceworks is incorporated herein by reference rather than attached, as permitted by Fla. R. Civ. P. 1.130, because the version of the agreement posted and made available to Speedway and the rest of the public is not in fact the version that was subsequently ratified — which further highlights the secretive manner in which the agreement between the City and Raceworks was concluded. 5 02-1066 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 14. Speedway has retained the law firm of Kenny Nachwalter Seymour Arnold • Critchlow & Spector, P.A., to prosecute this action and is required to pay its attorneys a reasonable fee for their services. 15. All conditions precedent to the bringing of this action have been satisfied, complied with, adhered to or waived. Count I (Declaratory Relief for Sunshine Law Violation) 16. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 17. The City violated the Sunshine Law by engaging in non-public discussions and negotiations with Raceworks regarding a proposed agreement to have a private entity conduct a motorcar race on City -owned waterfront property in downtown Miami. These 10 discussions and negotiations were not open to the general public, contrary to Florida law. 18. Further, Speedway and other members of the public were denied even minimum required details of the ongoing negotiations and proposals in order to be able to participate in what should have been, but was not, an open and lawful process. 19. At the time the substantially modified version of the agreement was presented to the City Commission for ratification at the August 9, 2001 City Commission meeting, Speedway and the rest of the public were denied the opportunity to comment in violation of the Sunshine Law and the Home Rule Charter of Miami -Dade County. 20. Any contract awarded by the City to Raceworks as a result of the aforementioned non-public contracting process is null and void as a matter of law. 21. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect 6 KENNY NACHWALTER SEYMOUR ARNOW CRUCHL0W & SPECTOR 02-1066 on Speedway's rights as they pertain to the actions of the City, including the actions of the City Commission and City staff, regarding the City's agreement with Raceworks. 22. Fla. Stat. § 286.011(4) authorizes an award of reasonable attorney's fees to Speedway for bringing this action to enforce the Sunshine Law in the event that this Court declares the actions of the City to constitute a violation of Fla. Stat. § 286.011(2). Count II (Injunctive Relief for. Sunshine Law Violations) 23. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 24. The City's violation of the Sunshine Law, Fla. Stat. § 286.011, entitles Speedway to an injunction prohibiting the City from performing under its agreement with Raceworks that was approved by the City Commission in violation of the Sunshine Law. 25. Fla. Stat. § 286.011(2) expressly provides that: "the. circuit courts of the state shall have the jurisdiction to issue injunctions to enforce the purposes of this section upon the application of any citizen of the state." Count III (Declaratory Relief for Failure to Disclose) 26. Speedway realleges the allegations of paragraphs 1 through 15 above, as though fully set forth herein. 27. The City has violated Section 2-33 of the City Code by failing to timely disclose to designated persons and the general public a copy of resolutions seeking to approve and/or ratify all or any part of the agreement between the City and Raceworks. 28. The City has also failed to follow the directive of the City Commission, by motion passed at its July 10, 2001 meeting, expressly requiring that the specific details iof the revised proposed agreement with Raceworks be disclosed at least 5 days prior to 7 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 the City Commission meeting during which the agreement was to_ be presented for consideration and approval and/or ratification by the City Commission. 29. As a result of the City's failure to publicly disclose the details of the agreement with Raceworks prior to the City Commission meetings, and its violations of both the City Code and the directive of the City Commission, any legislative action by the City Commission at its July 26, 2001 and August 9, 2001 meetings to approve and/or ratify the City's agreement with Raceworks is null and void as a matter of law. 30. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect on Speedway's rights as they pertain to the actions of the City, including the actions of the City Commission and City staff, regarding the City's agreement with Raceworks. Count IV (Injunctive Relief for Failure to Disclose) . 31. Speedway realleges the allegations of paragraphs °1 through 15 above, as though fully set forth herein. 32. The City failed to comply with the disclosure obligations imposed by the City Code and by the directive of the City Commission at its July 10, 2001 meeting. 33. The City's failure to comply with these disclosure obligations prevented Speedway from exercising its rights to comment upon the proposed agreement between the City and Raceworks and/or to submit a bid of its own as an alternative to Raceworks. 34. Speedway has suffered irreparable injury, both in damage to its current racing business and the loss of potential future racing business, as a result of having been prevented from exercising its rights to comment and/or to submit a competing bid. 35. Speedway has no adequate remedy at law. 8 02-1066 KENNY NACHWALTER SEYmouR ARNOLD CRITCHLOW & SPECTOR 0 0 36. Enjoining the City from performing under its agreement with Raceworks entered into after the City, including the City Commission and City staff, failed to comply with mandatory disclosure obligations serves the public interest. Such an injunction enforces and promotes compliance with mandatory disclosure obligations, which are designed to protect Speedway and the rest of the public from secretive dealings and the appearance of secretive dealings. Count V (Declaratory Relief for Failure to Ensure Competitive Bids) 37. Speedway realleges the allegations in paragraphs 1 through 15 above, as though fully set forth herein. 38. The City failed to solicit or ensure competitive bids for the right to use City -owned waterfront property to conduct a motor car race. The City was required to solicit and ensure competitive bids under each of the following City Charter provisions: (A) Section 29-A, subparagraph (d), which provides in pertinent part that "... there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, ...., unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest." (Emphasis supplied). (B) Section 29-B, which provides in pertinent part that "The city commission is also hereby prohibited from favorably considering any sale or lease of city - owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, .... (b) there shall have been at least three (3) written proposals received from w KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02--1066 prospective purchasers or lessees; however, if there are less than three -(3) such proposals received ..., subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated." 39. Additionally, the City failed to obtain two independent appraisals of the net value to the City of the proposed agreement between the City and Raceworks, to ensure that the City stood to realize a fair return under that proposed agreement, as required by Section 3, subparagraph (f)(iii), of the City Charter, which provides in pertinent part tha.: The City shall have power ... [t]o lease to or contract with private firms or persons for the commercial use or management of any of the city's waterfront property, but only in compliance with the other requirements of this charter and on condition that:... (B) the terms of the contract result in a fair return to the city based on two independent appraisals; and . . . (D) the procurement methods prescribed by ordinances are observed. Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement which does not comply with each of the above conditions shall not be valid unless it has first been approved by a majority of the voters of the city." 40. As a result of the City's failure to advertise and procure three competitive proposals, or to submit the matter for voter approval, or to obtain two independent appraisals showing that the proposed agreement resulted in a fair return to the City, or to otherwise comply with the requirements of the City Charter, Sections 3 and 29-A and 29- B, the actions taken at the July 26, 2001 and August 9, 2001 City Commission meetings to approve and/or ratify the proposed agreement between the City and Raceworks are null and void as a matter of law. 41. Pursuant to Chapter 86, Florida Statutes, Speedway is entitled to a declaration of rights because there is actual doubt and existing controversy as to the effect 10 KENNY NACHWALUR SEYMOUR ARNOLD CWCHLOW & SPEaOR 0 2 -40 66 on Speedway's rights as they pertain to the actions of the City, -including the City Commission and City staff, regarding the agreement between the City and Raceworks. Count VI (Injunctive Relief for Failure to Ensure Competitive Bids) 42. Speedway realleges the allegations of paragraphs 1 through 15 and 38 through 41 as though fully set forth herein. 43. The City failed to comply with the requirements of the City Charter regarding the transfer of any interest in City -owned real property, and the additional requirements in the Charter for contracts allowing use of City -owned waterfront property. 44. The City's failure to comply with these requirements, and thereby to ensure competitive bids, effectively prevented Speedway from exercising its rights to comment upon the proposed agreement between the City and Raceworks and/or to submit a bid of . its own as an alternative to Raceworks. 45. Speedway has suffered irreparable injury, both in damage to its current racing business and the loss of potential future racing business, as a result of the City's failure to abide by the requirements of the City Charter to ensure competitive bids. 46. Speedway has no adequate remedy at law. 47. Enjoining the City from performing under its agreement with Raceworks entered into after the City, including the City Commission and City staff, failed to comply with the requirements of the City Charter to ensure competitive bids serves the public interest. Such an injunction enforces and promotes compliance with the City Charter requirements that protect one of the public's most precious resources, namely publicly - owned real property, and in particular publicly -owned waterfront property. WHEREFORE, Speedway respectfully requests that the Court: (A) Accept jurisdiction of the parties and the subject matter of this action; 11 02--1066 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 0 10 (B) Enter a declaratory judgment that any decision of the -City Commission approving and/or ratifying the agreement between the City and Raceworks does not comply with applicable Florida law — including the Sunshine Law, the City Charter, motions passed by the City Commission, and the Home Rule Charter of Miami -Dade County — and, therefore, is null and void and unenforceable; (C) Enter a preliminary and permanent injunction prohibiting the City from performing under its agreement with Raceworks; (D) Enter a further judgment directing the City and the City Commission to rescind all actions relating to the approval and/or ratification of the agreement between the City and Raceworks; and (E) Awarding Speedway its costs and attorneys fees, and any and all other supplemental relief that is authorized under Fla. Stat. § 86.061, and any and all other relief that is authorized under applicable law or in equity. Respectfully submitted, KENNY NACHWALTER SEYmouR ARNOLD CRITCHLOW & SPECTOR, P. A. 201 South Biscayne Boulevard Suite 1100 Miami, Florida 33131 Telephone: (305) 373-1000 Facsimile: (305) 372-1861 By: . Kevin J. Murray Fla. Bar No. 290602 12 KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR 02-1066 Certificate of Service ' I certify that a copy hereof has been famishedVareto to Alejandro it 1 Esq., City Attorney, and Henry J. Hunnefeld, Esq., Assistant City Attorney, 945 Miami Riverside Center, 444 Southwest 2' Avenue, Miami, Florida 33130 by mail on October 22.2001. By. ( VAJ obert D. W. Landon, III Fla. Bar No. 961272 141143.1 13 104po KENNY NACHWALTER SEYMOUR ARNOLD CRITCHLOW & SPECTOR s IN TIM CDWM COURT Ula "LL 11T7 JUDICIAL CMCf7IT IN AND FOR 11L4NII DADE COUNTY, FLORIDA GENERAL JURLSDICTTON DIVISION r CASE N0.01-17514 CA 24 lIOM ZrEAD-1V L4M MEDWAY LLC, a Delaware limited liability company, Plaintiff, va. CITY OF MTANII, a puliticai subdivision ur ale State of Florida, Defendant, and RACE, WORKS, LLC a Delaware limited liability company. Intervener -Defendant. UXUxx GRANTING PLAngTNF SUMMARY JTJDGMRNT ON COUNTS V AND Vl OF THE SICCUND AMX& )ice) CnWM,ATNT THIS CAUSE came before the Court for hearing on February 22, 2002, on the motion for summary judgment by plaintift Homestead -Miami Speedway, LLC (" Speedway'), and the cross-motions for summary judgznast by de fsdant, City of Mzasd ("city" ), and in=rvcncr-defendant, Raceworks, LLC ("Itaccworks"), on Counts V cad VI of the Second Amended Complaint Count V seeks a declaration that a no -bid coWmat ;6v= to gaceworlm to use the City's wanrfront propeM for the next IS to 25 years to conduct motor cast races is void ba;mw-. the Clty failed to follow competitive bid pro=dums. Count VI stxks a c:urruspundiug iujuuction. Received Mar -04-02 02:40ps From- 704H i D Pop 002 02-1066 The Court hes received. reviewer and fatly considered the- written submissions by each of the parties, tha =tire record in tizis oase, and the oral argument that counsel fur eaL;h of the parties made at the February 22, 2002 hearing. And, after due Y considcratiou of all'the foregoing- it's ORDERED that, roe threa Lilt sons that follow, the Court grants wary judgment in favor of Speedway on Counts V and w of hr. S==d Am=dad Complaint, and denies the cross-motions for summary judo=t Bizet by the City and Raceworks. Thr. parties agree that the ultimate quer on is whztltcr ti c uc�-vicl car=net that the City gave to Racewarks is of a kind that was subject to competitive bid procedures. and therefore had to be put out for bid. The Parties agree this is a question of law appropriate for the Court to decide by mimmary judgment based upon a review of the contract terms. .E.g., Peacock Constr. CO_, Inc. v. Modern fair Condfrinning; Inn., 353 So.2d 840, 842 (Fla. 1977); Clasby v. University ofMiamt, 356 So.2d 915, 918 (Fla. 3d Dr -A 1978). The City and Raceworks also raise arguments that the Court shnild not reach the ultimate question whether the contract had to be compeddvcly bid. They argue, for t example, that a provision in the City Charter relied upon by Speedway (Section §3 (f)(fii was amended by referendum vote in Novesaber 2001 to delete the reference to contracts for "conntncrciol use" of the City's waterfrontproperty. Tbey argue that Speedway lacks standing to sue. And, they argue that it is the Municipal Motor Vehicle Racing Act of 1984 (Pia. Stat. § 549.08) that gives Rneeworks the right to exclude people from the public property that Raceworks is permitted to use under the contract, not the contrast -2- Recolved liar -U-02 02:10am From- To -SH t 0 hP 008 �M, itself. TLC Cuuri bas carefuUy considered each of dMe arguments, and has determined that none of them raises a genuine inose of material fact or prevents the Court from reaching the ultimate question in this case. Undispated�Ymets The fact that the City and Raceworks entered into the contract is not in dispute, and the terms ofthe contract that the Court must considerto resolve whether the contract was required to be competitively bid are clear and unambiguous in their me n. 9. it is undisputed that the City never made any attempt to solicit bids or prupusals or to inform itself otherwise whether anyone other than Raccworks would be interested in submitting a competing bid or proposal for the contract given to Raccworlcw. The City and Raceworks willingly concede this point since their position is that it does not matter. They contend that competitive bid procedures do not apply to ilia typo of contrast. It is undisputed that Spccdway is an established business shat puts on motorspoms events, is a competitor of Raceworks, and was ataU rclavaut Lincs and remains qualified to submit a competing bid for the no -bid couUWL that the City gave to Racewaft. As a separate matter relating to standing, the City and Racewnrkc at a that Speedway was Precluded from subnfitting a cumpeting bid by the terms of Speedway's contract with the City ofHomestrAd to uperdo the Homestead Mntor.Vcnis Complex and that Speedway, although yualilii:d, would neverhave submitted a competing bid even if given the chance. It is undisputed that the City Cnmmission on August 9, 2001 approved of and autburiced the City Manager to exeeate the contract with Raceworks pursuant to City Commission Resolution No. 01-845, which provided in relevant park -3- beeived alar -04-02 0240re From - To -OR i D • BB rT RB80LvnD BY TILL COIvwss ON- OP TiIE CITY OF mL&W, FLORIDA: authorized to =c= an Section 1. The City Manager cuhject m Agreement, in snbstantially the attached farm, . the lease between the City of Miami and the United States 01 Amerioa, dated August 9, 1990, and subject to the approval r of the District P-u&cw of the United States Department of the Army [i.e.. the U.S. Army Corps of L+ngineers], Prior to the City of Miami axrcuting this Agwazoeul» Thus, the City Manager's authority to e=ute the contract was made subjecx only to thr. U.S. Army Corps of P.ngineers first approving tho contract. The U.S. Army Corps of Engineers approved the contract in writingno later than Uctaber y, 200 1, and the contract was executed by all parties no later than October 23, 2001. The amendment of City Charter §3(1)(iii) relied on by the City and Raceworks occurred subsequently, on November 7, 2001, after it was approved by voter referendum on November 6, 2001. Since the City Commission's August 9, 2001 ResolutionNo. 01-845 gave th a City Manager full authority to execute the contract subject only fo prior approval of the U.S. Army Corps of Engineers — which was obtained no later than October 9, 2001 the subsequent execution of the contract by all parties no later than October 23, 2001 created a legally binding and enforceable contract. Thrm was no condition subsequent that had to be satisfied following execution. Nor was there any need for MY Concussion Resolutiou No. 01-1229 on November 15, 2001, which nerdy rapeata the 3ww authoriwion to execute the conlrac:t dIr= ly given by Rwuluduu Nu. 01-845. There is nothing in RcsulutionNu. 01-1229 bust speaks to adopting ur ratlfYi"9 thatwWrhthe City Manager had previously exec.-uted as authurized by Rewi lution No. 01-845. -4. Received liar -01-02 02:1008 Free- To -SH i 0 Pan 005 02-1066 The City and Raceworks raise a threshold argument whether Speedway is a party with legal standing to bring this lawsuit to enforce competitive bid procedures. The City and Raceworks rely on two Florida eaaca in which it was dcternined that the plaintiff lacked standing; to complain about the award of a govenuucat c;cwUUuuL to nnulirez bidder. Drersfield Gorrie General Contractor. Inc. v. Ajax Cwutrucllurt Company, Int.. 627 So.2d 1200 (Fla. 1" DCA 1994): Westinghouse Electric Corporation v Jacksonville Transportation Awhortw. 491 So.2d 1238 (Fla. l" DCA 1986). Those cases are readily distinguishable because in both ofthose cases, unlike in this onc, the gov=nmental entity had opened the contrast to competitive bidding and received and reviewrci hide. This case involves a nn -hid contract that wRs ne vrx pin oin to bid. The City and Raceworks candidly concede the Clty did nothing to solicit competing bids or proposals, or otherwise to infnrm itcel f whether anyone besides Raceworks would be interested in submitting a competing bid or proposal for the contract given to Raceworks. '!he failure to invite Speedway, or anyone else, to compete for this contract is especially significant on this record, which shows that the City and Raceworks were aware that Speedway and anynumber of other established motorsports businesses were likelyto be iw=sted in the opportunitypresentedbythis contract. Indeed, the City and Raceworks madethe contract fully saleable and assignable by Raceworks to other established motorsports businesses that were not invited to bid., and included in dra& of the contract specific rcfcrence to a number of those motorsports businesses, including International Speedway Corporation or any of its affiliates, which were known to include Speedway. Although that specific rcfcrencc was deleted from the final contract, the City Manager who negotiated 111c -5- Received Mar -U-02 02:ADaa From- TO -SH t D No 006 02`101 S�=r 'n no contract for the, City has testified "that the fact that that language was deleted ... way. shape or form Pre judl= [Speedway] from being assigned this contract" Gimcnez Repo. at pp. 104:2-7;114:9-14. Florida courts that have considered standing In *0oonb� of a no-bia contract have explained that the iDjurY suppurlurg standing in such aascs is the denial of the Opportunity to submit a cnmpedag bid fur the contract. See, e-9- Randall lndust "'Inc* v. Lee Corenty, 3n7 3n.2d 499, 501(Fla. 2d DCA 1975) (`[Lee County's] contention that appellant has no standing ... is without mein.' A:ccortling to the complaint, Lee COIMty leased its property ... withnut taking bids. Asa potential cumpcutcu, appellant had a right to submit a bid, and this right was ef{rctively denied him."). CIV often HWen v. BuY County Council oj-Aegistered Architects, 579 Sn2d 1244. 1246 (Fla. 1" DCA 1988) (plaintiff association, which represented qualified archiMCIS Who pquld havc subwAted bids for no -bid contract, had standing). plaintiffs in the case of a no -bid contract do not have to prove anything more than they erre potential competitors qualified to submit a competing bid, if competing bids had been invited. It is unddispntecl on this record that Speedway was a potential competitor and qualified to submit a competing bid. and that the City novo issued bid specifications to which Speedway Would bavr reVonded. See Glatrtein v. City of Miami, 399 So.2d 1005, 1009 (Fla. 3d DCA 1981) (aPPeUate court uutctl that "[alUsent specific plans, no bidding could take place," and remanded to the trial court for catty of declaratory judgment that no -bid court in that ease was void). -nit city and Itaecworks arSua that or adve ltisemeu and comments by fist it never would have submitted Spc;Ctlway are equivalent to a statcnaeat by Speedway. a competing bid fur this contract eves if it had been given the opportunity. In &c"hey Received Wr-04-02 02:10aa Fran- 70 -SH i D Pas. not 02 .1066 . aro not equivalent. There is no Statim in any of the advetasememts or comments presented to the Court in which Speedway says it nearer would submit a competing bid. To the contrary, the uncontradiotod testimony o£Speodway's president is that Speedway would have submitted a competing bid if The City had opened rho contract to bidding. Gray Affidavit at q 5; Gray Depo. atpp. 41:3-9, 73:22-74:3, 120:4-9. If the City wanted to rely on an argument that Speedway nava would have submitted a compt ting bid, it was iucurub=A upuu tLe City to have issued a requtst feu biels. and thcsresby w ilavc given Spradway the chance to submit a bid, as happened in the BravUld and Westinghouse earn which the City and Rauvwurks uitC. Speedway's contract with the City of Homestead is not an impediment to Speedway having standing in this case either. That contract does not contain a Pmvicion that purports to preclude Speedway either from submitting a bid for or from carrying out the terms of the enntract given to Racewnfkx. Even if there were such n provision, moreover, that wnuld be a Private matter of camract rights brtwecn Speedway and the City nf Homestead. The City of Homestead, through its testy Manager, has testified that it has not asserted any right to prevent Speedway ftm bidding for or conducting the =motorsports events in downtown Miami contemplated by the contract at issue. See Ivy Depo. at 33:6-35:12. Because it is at most a matter of private contract rigbts that could not have been relied upon by the City, it is not a basis for this Court to invoke judicial estoppel either. Cf. Vining v. Segel, 773 Sold 1243 (Fls. 3d DCA 2000). Speedway has standing to bring the claims in Counts V and VI of the Second Amended Complaint. -7- kneived Mar -W-02 02:40pe Fro=- Te -SH t D Pap 008 02-1066 5' :: COnttsct Is A Lcaac The contract at issue is cntiLlml "Ptzvocable License Agreement" However, as the City's counsel acltnowlcclgtcl during oral argumcn4 the label that the parties choose to Pitt an their contract is not dirwmaiativo of whether it is a lease or a license. Hrg• 'Transcript at pp. 1 RZ:2-19. Instead, the Court must ruview the toms of the contract and determine whether thcnce terms reveal it in fact W be is least or a Beni t The parties agree thAt rxcl Lgive possession and control of u specifically bounded area, and the corresponding ngh'E to keep Wheys out, is a dgrugur, leaM° of a tzars. E•g•, Outdoor Media of Pensacola, Tnc. v..Sanm Rosa County. 554 So.2d 613. 616 (Ila. I't DCA 1989) (contract held to be a lease, not a licence). The contract at issue 91v9s Raceworks for the next 15 to 25 years exclusive. pass cion and control of a specifically bounded arca including all of Bayfront YarY for a period of 7.4 days. a year. The specific arca, including the fencing, is shown on ExWbit A to the contract. Thjring those 24 days a year Raceworks, among other things, has exclusive possession anti the right to (1) control admission to the area, (2) charge admission to the ares, (3) sell eoncessi me and marchandisc within the area, (4) sell and place advertising throughout the area, (5) sell media access to the are4 and (6) rent boat moorings in the adjacent waterwayI Raceworks suggests is its papers thatthe exclusive possession amstbe continuous, or at least longer than the 24 days a Year of exclusive possession that this contract gives i The fact tlmt the lessor is allowed to cater the property for limited purposes and retains some =HSS a of cuu401 aver the IMCC's activities on the property doso not ehaage the fad that Outdoor Media, 554 Sc.2d at 611; Begm, 458 P•2d at 14-15; the tixu u u;t is a kers. Sec, c.g., Mstro Cel Renals; Int.. 391 Quantum Corp., 956 P.2d at 852-853; see al" Pcoplc v ChicagOo ���� us. of aovaier NY -2d 42,45 (Ill: App. 1979) (pwportcci_ concession agreement- 8� , uvea a lease). space in terminal and, notwithstanding eriy s retained aght of eotiy to -8- Raceivad War -U-02 02:10m From- TO -SH i 0 Pap OOR �totq to Raceworks. That suggestion IS not support bylbe legal ailthority, however, which includes cases in which everts have held contracts were lea. -et even where the exclusive. posseccinn was of short duration or not enntinluntc over the term of the connect. See Regan v. City nfSpAnle, 45li F.2d 12, 14 (Wash.1969) (contract gave go-cart racing promoter use of civic center for one night and was a lease); Quantum Corp. v. State of New ]Mexico Taxation and Revenue Dept, 956 P.2d 848, 851 (N.M. Ct. App. 1998) (contracts for use of bingo halls for several four-hour sessions per week were leases). In addition, when pointedly asked, the City's counsel frankly conceded that duration of the exclusive possession is not the issuo, or at least not among the major determinativc factors that resolve whether a contract is a lease. Hrg. Transcript at pp. 114:20-116,4. Other defining features of leases are that, unlike licenses, they arc irrevocable and assignable. When drafting the provisions of this contract, the City and Raccworks' rcprescntntivcs correspondcd on the issue& of irrevocability and assignability. and Raecworks' counscl suggcstcd ways of "manipulating" the contract to maks It appear rcvocablc at will aid non -assignable.. See PX". In fact, the conuwt iu 1Ls nn al furor f a irrevocablc except for cause, and only atter cxhau-tion of a substantial period of time in which the defaulting party sari cure, and is usigaable. These features of the contract ivaka all the more clear that it is conveying an interest in property. and not a mere licence to tutcr unto the prupisrty. See, e.g.. Devtfn v_ The Phoenix, Inc., 471 Sn.2d 91, 95 (Fla. 5`h DCA 1985)("Thc distinctive characteristic of a license is ... that it it, in itis verynature, necessarily revocable st wiln; Dots= v 1 Wye, 391 Sold 751, 759 (Fla. 5s' DCA 1980) ("A license is distinguishable from an easement in that a license ... is not an interest in land and, therefore, may not be assigned or conveyed"); "pfotani Park Preservation -9- R000ived Mar -04-02 02:40ps Fro- To -=M i 0 Pop 010 02-1066 `:r4 Joc. v. City and Garaety of Honolulu. 751 P.2d 1022. 1028 �wBU 1988) (listing assignable acture of contract among featumc supporting the court's determination that a purported "concession" contract was in fact a lease). Defendant' enunsel candidly conceded at oral argument that this coat;aat is not revocable at will, and that the fRAt a t factor in resolving that the contract in tact contract isnot revocable at will is aa�anportaa is a lease. Hrg. Transcript at pp- 109:14.111:21. The fact that the contract requires dw City to consent in writing to 12aceworks' assignment of the contract docs not make *0 contract eny lesstgnable. The contract m states that the City's consent cannot be "unreasonably withheld" and, even if the contract did not expressly so stats, Florida courts have recognized for at least twenty years that a lessor niay not arbitrarily withhold its written consent to an assignment of the lease. See Ternander v. Yarquez, 397 So.2d 1171, 1172, 1174 (Fla. 3d DCA 1981) ("The (aw gcucrally favors flee alienation of property and under common law a tenant has the right to assil a his leasehold interest without the consent of the lessor .... Me hold that a lessor may not arbitrarily =rust consent to an assignment of a comuzercial lease which provides, even mm^*h n limiting lannauagn, that a Isaacs shall not assign or sublease the premises without the written consent of the lessor.') (u'mphabis supplied) 2 Ac alluded m above, the fact that the City and Raaaworks masts this c•,emttxct assignable makes it all thr. Tnnre clear that the contract should have been put out for bid 2 The court in Devlin, 471 80.21 al, 95, stated in dicta that "A license.... , is not a right c without a q=m Pmmimg " Pres�ly eat court but a vn tcontracts that trl }uiviloge, cot assigaabl mdnot*cmmrequinmmtofwAUM was alhidina to uly restrict assipability5onnd in losses. Sere. c-9-- Petrov v °OLS to all ��'�' "`�'� �� requirement oa Fernand, 397 So.2d.1171� ARlder, 557 So.2d 617, 618 (%la. 4 DCA 1990) (relying •10- Rgegiwd Yar-O4•02 02:40am Fror TO -SN t D Pass 011 — because it was tantarnountto an scknowledgnnent by the City and Racewnrks that other motorsports businesses would be interested in the opportunity presented by this contract. Other elernents of the contract, although not necessarily exclusive to leases, are most consistent with and are Rather support for the deterniaation that the contradt at issue is a lease, and thus had to be put out for bid. For example, the City receives a fixed roe for the "use" of the property. The coatrBet specifioefly requires Raceworks to indemnify the City for any claims in connection withRaccworks' use ofthe properly, and to obtain insurance to cover any such claims, so that the City effectively socks to have no liability for any injuries which could occur while Raceworks bas exclusive possession. T r, cant uuL spzcMcalIy disclaims that nay agency relationship is being created between the City and Raceworks. And, not only does Raceworks have the exclusive right under tl1G cu73LracL Lu cuitsLtucl iu Lovemcnt% it also has the exclusive right to maintain or modify the improvements as needed. All toLalr L the plain zuid Luldisputed tans of the contract reveal as a matter of law that Lhr, ccmu=L is a lra>c. This wuclusiou that the contract is a lease does not change if the Ctty bolds a long-term leasehold instead of a fox: interest in the prnperiy including Bayfront Park. In either caseleasehold or fee, the City has an interest that A11ows it to give a lease interest to Rac>rwotics. Ibis conclusion also does not change because of the Municipal Motor Vehicle Racing Act of 1984. That Act, which deals with the issuance of a non -assignable permit to persons conducting racing events, does not purport to create any interest in the property including Bayfront Park. It is the contract alono that gives Raceworks an interest in and exclusive use of all the specifically bounded property. Received Mar -04-02 02:40pe -11- Frac To -SH i D Page 012 02-1066 �y V ).> Because the contract is a I=. and convoys as interest in real property owned by the City. the City had to follow coaVctitive bid procedures before awarding the contract to R.awworks Pursusut to City Charter §29-A(d), which atom in relevant part as follows: (d) Solna and leases of rcd property prohibition. Fxcept ac othccwisc provided in this charter section' there shati be no sale, conveyance, or disposition of any interrst, including any leasehold, in reel property n =ed by the city...., unless them has been prior public notice and it prior opportunity given to the public to compete for said real Property or iaterest.3 The faiture of the City to follow m=prddve bidding procedures renders the contract void. See, e.g., nmi MarinasAssociatton Inc. v Cily vfMiarfd. 408 So.2d 615 (Ma. 3d UCA lgg 1.) (annn Ct held to be void for fs Uu= to cumPly wiLh gosnpctitivc bidding procedures); f tatstein, 399 So -2d & 1009. The .antraact is for Commercial Use Of the City's Wnterfrnrt Prnn_ Speedway makes the alternative argmnent that the City was required to follow coinpctitivc bid procedures since the contract is one for "eial use management criy," and thus encompassed by City Charter of any of the City's waterfront prop §3(Will). The City and Raccworks argue in opposition to this part of Speedway's motion that a subscyueiit amcadmcnt to the City Charter, approved by voter referendum :n Nuvcmbcr 2001, dcicted the reference to "commcrcW user and should be. applied rctruwdvcly and proulude the claim that Speedway already had pled in this came that the contract had to be competitively bid basal upon City Charter §3(f)CIii)- 3 Thelain langm5c of City Cu=ter §29-A(d) makes eompe�t " t id p=ccduremp applicable to "disposition of any intotW ... in real property owned by the city." Acearciingly,. it .�— makcs no differeaco that the interest the City owns in Bayfront Park is r I(mB'tom le sebold. -12- Raeeived Yar-01-02 02:10am From- 70 -SH t 0 Pas. 013 lu V— W M= Court declines to accept the City and Itaccworks' asgu:acnt on tach of two independent grounds. r.hA it is not the case that deleting the words "commercial use" should result in a more limited application of the competitive bidding requirements of flus Charter section. n. crida courts have re cov ized when called upon to interpret the sdope of computitive bidtliug laws lust: - In so far as they thus serves the object ofprouxXingthepublic against collusive contracts and prevent favoritism toward contractors by public officials and tend to secure fair competition upon equal terms to all bidders, they remove temptation on the part of public offroets to seek private gain at the taxpayer's expense, arc of highly remedial character, and should receive a construction always which will felly effectuate and advance their tau intm and purpose and which will avoid the likelihood ofsamebeing circumvented, evaded or defeated. Wester V. Belote, 138 So. 721, 724 (Fla. 1931); Marriott Corp. v. Metropolitan Dade County, 383 So?d 662, 665 (Fla. 3d DCA 1980). Even as amended in November 2001, City Charter §3(fl(iii) can and should be read to encompass the contract at issue here. Secondly, even if removing the words "eomme rciai user could be interpreted as narrowing the, scope of City Charter §3 (f)(iii), courts are not allowed to apply changes in statutory law that affect vested rights — and capc eially not in a cast such as this one when the legislative body has not stated that the change is to have: retroactive effect. Young v Altenhous, 472 So.2d 1152, 1154 (Fla. 1985). In this case, for the City and Raceworks' argument to have merit, thcrc would have to be retrumAvo applic,adun of the rressnt change in City Charter §30)(rii). ?be no -bid contract was negotiated between rho City and Racewurks, tltc City blauapr was authorized by the City Commission to C=C=ft contract, and everyone did execute the contract,. which thereby became a legally binding -13- kweived Mar -M-92 02:40vo Fro- T"N i 0 Pap 014 02-1066 T� and enforceable agreement, all before CityL2azter §3(tXiii) I amended etieetive November 7, 2001. only atter the amendment to the Charter bad been approved by voter referendum. This chronologywas confirmed at oral arpsno t as cozrcoL Hrg. Transcript r at pp. 100:12-101:2; 231:24-232:3. Prior to the time fiat the amendmem was ef%etive, and indeed no later than August 9, 2001,4 Speedway akcady had a vcs. d right to sen opporivnitY to submit a bid for the contract under City Charter §3(t)(Hi) as it read prior to the voter referendum in Novcmbcr 2001. That vested right already was pled in counts V and VI of the Second Amended Complaint, which rcfcrancc City Charter §3(f)(W. Spccdway cannot be stripped of its vested rights by retroactive applicatiou of u subsccluc ni nalcsrI(Iment to the City Charter. Evmi it all Lmntrdc:t were not a lease. it still was required to be competitively bid puLsuaut to City Cimter §3(t)(iii) as it read when Speedway's rights had btuounc vastcLL and thea faii= of the City W do so is anothcr independent ground on w1,1011 t1w canlydct is void as a nmltrr of law. See, e.g., Miami Marinas A rsaciadion, 408 So.2d 615; Glarsrein, 399 Sold at 1009. Based upon the fcnegning, it is ORDERED and ADJUDOIM that 1. Speedwny has standing to assert its claims and the contract's a lease. 4 Speedway's right to compel the City to follow applicable oompet:tve bid p rocedww for this cottiract had accrued and was vested no later tbanA%wWt 9, 20019 on which date tate City com =tied to entering Tato the contend on a no -bid basis at= wwduding SpeedR►aY and d1 other potential bidden. Speedway's right was hatter conflumd as vested no later than October 23, ,,.00 1. by which date the contract was fnpy-executed and bind g on all parties. Aad, the City and Race --*s obviously could not divest Speedway of ita already vested rights by entering into an moment in December 2001 to what was an already fully-acecutrd and big contract- ontracL -14- -14- Received Rteeiwd Mar -04-02 82:40oa From- TO -SH i 0 pap 016 024-1066 jo . 2. BCumm the t;t U20t is a lease, tlrc City was an& is required to fulluw competitive bid procedures applicable to lesser. and the City's failure to do so renders the contract void as a matter of law. 3. Alternatively, even if the contract were not a lease. the City was required to follow competitive bid procedures pursuant to the provisions of City Charter .§3 (f)(iii7. The city, & admitted failure to follow any competitive bid procedures renders the contract void as a master of law. 4. The contract betty= the City and Raceworks, which is aelmowledged to have been entered into without the City having complied with any of the applicable competitive bid procedures, is hereby declared null, void and of no further legal effect. 5. The City is hereby directed to comply with all applicable competitive bid procedures, and thereby to give Speedway' a full and equal opportunity to submit a competing bid, and to have its bid fully and equally considered, before catering into any loasc, or any contract for use of the City's waterfinat property, for motor car races. 6. The City and Raceworks' cross-motions for summuY.iudgmcnt on Counts V and VI of the Sccond Amended Complain DONE AND ORDERED this #— day County, Flurida. Copies furnished to: Robcrt D. W. Landon, III; rsq. Henry I Hunuefcld, Esq. Alan T. Dimond, Esq. Received Mar -W02 0240ve Free - -15- 144=1 pop 016 02-1066 02-1066 02-1066 02-lo66 02--1000 02-1000 02 -loss r� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MEETING OF THE CITY OF MIAMI COMMISSION RE: AGENDA ITEM PZ -21 APPEAL OF A ZONING DECISION OF AN APPEAL OF A CLASS II SPECIAL PERMIT Y The above meeting was held in Council Chambers at the City of Miami City Hall, 3500 Pan American Drive, Miami, Florida, on Thursday, July 25, 2002, commencing at 11:25 p.m. H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman, Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: CHAIRMAN: TOMAS REGALADO VICE -CHAIRPERSON: JOHNNY L. WINTON CITY ATTORNEY: ALEJANDRO VILARELLO CITY MANAGER: CARLOS A. GIMENEZ COMMISSIONER ARTHUR E. TEELE, JR. COMMISSIONER JOE SANCHEZ CITY CLERK: PRISCILLA A. THOMPSON LOURDES SLAZYK, ASSISTANT DIRECTOR, PLANNING AND ZONING DEPARTMENT GARIEL E. NIETO, ESQ., of the firm of STEEL, HECTOR & DAVIS, on behalf of Homestead Speedway. LUCIA DOUGHERTY, ESQ., of the firm of GREENBERG, TRAURIG, on behalf of Raceworks, LLC. ALAN GARCIA, INTERNATIONAL SPEEDWAY CORPORATION. H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 CHAIRMAN REGALADO: Let's do this PZ item. This will be the last item, and then we'll proceed Lourdes? MS. SLAZYK: PZ -21 is an appeal of a Zoning Board decision which denied an appeal of a Class II Special Permit Application No. 022-007. The applicant is Raceworks, LLC, and the City of Miami is the owner of the property. The Class II special permit in this case was for the physical improvements associated with the use of the park. One of the issues that was critical in the appeal of the Zoning Board issue when this appeared before the Zoning Board was the actual use of the park. That was not a subject of the appeal, because the Class II special permit did not issue any approvals for the use of the park. The use -- the race use of the park is something that the City Commission approved. The Class II special permit for the park was because there were permanent improvements located on a piece of property between the water and the first right-of-way. The Planning and Zoning Department reviewed the proposal for the physical H. Allen Beno%vitz - Jessica R. Berman - Peggy Cook - Matz. `fraktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1466 • • r] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mi improvements for the park, which included some roadway improvements, relocation of trees, some work on the fountain, and found that that work was appropriate and consistent with the nature of Bayfront Park, and the Class II special permit was granted. The Class II special permit was then appealed. It was denied. The appeal was denied by the Zoning Board, and the Appellant has appealed it here before you. So we recommend upholding the Class II special permit and denial of the appeal. MR. NIETO: Gabriel Nieto, 200 South Biscayne Boulevard, on behalf of Homestead Speedway. It's been a long night. I'll try to keep my comments as brief as I can. Before I begin, I wanted to clarify for the record one housekeeping matter. We have a book that will be passed out to you containing the transcripts of the prior hearings on this matter as well as some of the other items that were before the Zoning Board. So I want to be sure that everything is clear on the record. The argument essentially has been made that that permit is solely for permanent H. Allen Benowitz-.lessica R. Berman - Peggy Cook - Matz_ Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida +02-1066 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 in a few minutes and explain essentially this issue, that the improvements that were being -- are highly specialized. They serve no other purpose but to facilitate racing in the park. And therefore, I do not believe that you can in good conscience separate those improvements from the racing use. I realize that the City has issued a That's an issue that was raised before. We're not going to raise it tonight, because we're intending to take separate court action on that matter. But I think as it relates to the Class II, you still have to consider it in light of the racing use, which is the sole purpose for the improvements existing. And let me walk you through it. Essentially, we have five arguments now before us, since we're not going to raise the issue of the Chapter 549 before you currently, the first of which is that it was improper to use a Class II special permit for this purpose. First of all, Section 1500 of your Zoning Code provides that a Class II permit can only be H. Allen Benoxitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman R Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • Pi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mi used if regulations for the use appear in the official schedule of District regulations or elsewhere in the zoning ordinance. That simply is not the case. Section 1303 of the Zoning Code: "No application for a special permit may be accepted unless specific provisions appear." Essentially, the same requirement. Again, there is nothing anywhere in the Zoning Code that contemplates this type of racing use. And that leads to a very fundamental problem, that there were no standards applied. There's nothing in the Code that tells how to judge this type of use, how to apply it, how to measure the impacts to the city. Essentially, what you had is a rubber stamp from the Department, because there was nothing for them to apply. And they did this incredibly cursory Class II review when you have an intensive use; and again, Mr. Al Garcia will address that point. But you have the use that is going to change the existing park, and that -- that should have received a much higher level of review. And if you look -- and I believe the other board up there has language from Section 401, which H. Allen Benowvitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is the designation of the Parks and Recreation District. The approved uses, which are listed up there, are nowhere near a racecourse. They're passive, semi -passive uses of a park open to the public. Certainly, they do not relate to taking a park and converting it to private use, running automobiles through it at 100 miles an hour, et cetera. And if you look at the board -- it's not up there. The principal uses they allow for is some passive use such as an arts center, museum, art galleries and exhibition spaces. But even for those, they make it clear that you have to approve the use through a major -use special permit. You can't do it through a very cursory Class II review. Even those of you who are not close enough to a racecourse, your good conscience should be used in approving this permit. The only possibility is the provision which allows you to approve -- I'll quote it -- "other activities which further City purposes as determined by this Commission." The problem again is that that also has to be done through a major -use special permit, not this Class II process. So I think that the staff dropped the H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 C-] • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n. ball; the director dropped the ball by using this process. They let Raceworks come in; they essentially have no review, and get their use approved. And, you know, I would urge you to grant the appeal and send it back to staff to be done correctly. COMMISSIONER TEELE: Say that again. MR. NIETO: I would urge you to grant the appeal; and if they want to apply for a major -use special permit, there are other issues involved on a different day. But I think the way this was done was clearly incorrect. I would also point out -- there's the other board -- that when you look at a Class II special permit, you need to make -,,specific findings, a director does, on, you know, matters such as ingress and egress, off-street parking, et cetera. None of those are in the permit here. So even if a Class II permit was proper, which I think it clearly is not, you don't -- they didn't follow that process. And, you know, the way this was done procedurally is defective. The way it was done is inconsistent with the Zoning Code. It's inconsistent with the land -use classification. H. Allen Benow itz - Jessica R. Berman - Peggy Cook - Matz. Traktman, Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 And, you know, regardless of whether or not they could have done this through a major -use special permit, I think there's a need to grant the appeal and send this back. Let me reply, if they want to or not; but it should not be done the way it was done. I would bring in Mr. Garcia. MR. GARCIA: Good evening, Commissioners. I guess the Chairman is not here. My name is Al Garcia, One Speedway Boulevard, Homestead. To begin with, to talk about the construction, what our attorney alluded to is pretty clear that the improvements, or the so-called improvements, the modifications made to the park, were to be able to develop that parcel into a racecourse. I mean, I don't think you could call improvements relocating or removing trees. You're reducing green space by thousands of square feet; you're doubling the width of sidewalks. I don't know of any park in this city or county that has 40 -foot -wide walkways, 'as the walkways that go around the fountain just north and south of it were widened. Another clear indicator is the paving over H. Allen Benoxvitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 25 10 1 days, but they did pave over the decorative keystone. So personally, my opinion is that I do not consider it an improvement. As far as the course itself, when you look at the public -safety aspect of this thing, we do not believe that this park will support the type of event that they are proposing. It's certainly (suitable if you plan to have an event with 10,000 or 15,000 people; but I've heard that they're going to have over 100,000 people there. When you do the math, the square footage available after you erect the grandstands, hospitality villages, display areas -- what's left to accommodate 100,000 people? And I think that there's public -safety codes and issues, that there's requirements of footage per person for assemblies and things like that. Those are some issues that really need to be addressed and discussed. I think that the life -safety folks, the emergency medical services, are going to have a tough time moving in and around that park with only two ways in and out of it. If you're able to fit H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & W ildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1466 11 H. Allen Benowitz - Jessica R. Berman - PeggY Cook - Matz. 7Traktman, Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 1 100,000 people into Bayfront Park, to get them in 2 and out safely on the two or three bridges that are 3 going to be there is certainly not acceptable. 4 When it comes to the course itself, 5 there's been a lot of compromises made. I think 6 they had a race in Washington, D.C., last week or 7 the week before. What they kept commenting on over 8 and over was that the best thing about this course 9 was that it was 45 foot wide at the narrowest point. 10 That's what made it a very competitive and a very 11 good venue to race these cars on. 12 I don't think there's any part of this 13 course that's 45 foot wide. As a matter of fact, 14 when it goes underneath the People Mover, it goes 15 from about 36 or 38 feet wide down to 18. So of 16 course, the more concessions and compromises you 17 make in order to hold this event in a place where it 18 doesn't belong, the more you're exposing the city 19 and the spectators to dangerous situations. 20 CHAIRMAN REGALADO: Thank you. 21 MR. GARCIA: Thank you. 22 CHAIRMAN REGALADO: Anybody -- go ahead. 23 MR. NIETO: Very briefly, I think one of 24 the key themes here is that regardless of whether • 25 the course is well designed, poorly designed, 11 H. Allen Benowitz - Jessica R. Berman - PeggY Cook - Matz. 7Traktman, Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 L� • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 1 whether it impacts -- you know, what the effect of the impact is going to be, the key theme here is that none of this was looked at; it was just passed with a very cursory review. It's clearly improper. I would also point out one additional thing that I failed to mention in my prior presentation; and that's that under Section 401 of the Zoning Codes, if the use will take up more than 3,000 square feet or over 10 percent of an existing park, it also has to be a major -use special permit. So that's one more reason why that process should be followed, as opposed to a Class II. Thank you. CHAIRMAN REGALADO: Okay. This -- it's very late. We have listened to one of the parts involved in this PZ item. I personally would like to bring this back and -- in the near future to make a decision on this appeal. So -- but if you all want to go ahead and vote, that's fine. If you ask me, I would ask this to be continued until September 26th, I think, or 20. What is it? VICE -CHAIRPERSON WINTON: 26th.. Is that a motion? CHAIRMAN REGALADO: Well, if you want to make the motion. H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting ng Veritext Company Serving South Florida o2 -loss • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 VICE -CHAIRPERSON WINTON: I'll make that motion. MR. NIETO: Before you vote, if I can -- VICE-CHAIRPERSON WINTON: Excuse me. I think I have the floor. MR. NIETO: Excuse me. I'm sorry. VICE -CHAIRPERSON WINTON: It is -- there's a lot of -- it's crystal clear that the folks in Homestead are going to do every single thing in their power to block this race. He's already mentioned the fact that some other part of this is the subject of a lawsuit and, you know, there's letters going to the County and Lord knows what other legal maneuvers that they may take. And it seems to me that as it relates to this issue, we might be best served by taking the more cautious route; and that is, continuing this to the 22nd so that we make sure that we've got all of our Ts crossed and all of our Is dotted, and have no room for error on our part here. CHAIRMAN REGALADO: Okay. We have a motion. Do we have a second? MR. NIETO: Mr. Chairman, may I make a quick comment before you vote? CHAIRMAN REGALADO: Sure. H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz, Traktman, Feldman & W ildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 1 MR. NIETO: And that's that that date is just about a week before the race. So to the extent that we want to take an appeal on whatever decision you make, it would essentially cut off our right to -- CHAIRMAN REGALADO: Why don't we do it on the first meeting in September, if that is -- MR. NIETO: If that's the earliest date. I'd prefer it to be the earliest date possible, just because of the fact that we are pushing up very close to the race at this point. COMMISSIONER TEELE: Mr. Chairman? CHAIRMAN REGALADO: Yes, sir. COMMISSIONER TEELE: I think the Council meets on the 25th. We don't have any meetings in August at all. We may have a special called meeting on a certain financial matter that is governed by Federal law. But certainly, we're on holiday for the month of August. If the 26th is not convenient, perhaps we could entertain taking this up as the only planning and zoning issue on the 12th. CHAIRMAN REGALADO: The 11th. COMMISSIONER TEELE: On the 11th. Sorry. MR. NIETO: That would be fine. H. Allen Beno),vitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 1 CHAIRMAN REGALADO: Okay. VICE -CHAIRPERSON WINTON: Well -- but do we have to ask him when it's best for us to take that issue up? CHAIRMAN REGALADO: No, because he was saying, you know, the 25th is only less than a month before the race; so what Commissioner Teele is trying to do is trying to give them, in all courtesy -- but the earliest that we can do this is on September 11. That's all we can do. As a matter of fact, this is an extraordinary decision, because, you know, we have the budget hearing on the 11th. So I think that they need to see that this Commission is willing to, you know, accommodate them. VICE -CHAIRPERSON WINTON: To make a decision on the 26th. That's probably what they need to see, that we're really willing to make a decision on the 26th. CHAIRMAN REGALADO: Or the 11th. VICE -CHAIRPERSON WINTON: I think the 11th is too early. COMMISSIONER TEELE: Mr. Chairman, I -- you know, these things have a way of getting a judge to review them. I mean, we -- all of us are subject H. Allen BenoNvitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivry Court Reporting A Veritext Company Serving South Florida 02-1066 f 16 H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 1 to the law; and all of our decisions in zoning, 2 while we may not be aware of it, but every time 3 somebody gets disappointed and -- 4 Johnny, you know this, with certain issues 5 relating to Biscayne Boulevard. People have a right 6 to seek judicial review; and I think that's their 7 right. I mean, I think they've raised some issues 8 that I candidly -- the reason that I want to delay 9 is that I want to see the director. 10 You kept referring to the director. Which 11 director are you talking about? 12 CITY ATTORNEY VILARELLO: He's talking 13 about the planning director. 14 MR. NIETO: Yes. When the quote said 15 "director," that's my understanding. 16 COMMISSIONER TEELE: And the director 17 issue -- candidly, I'd like the director to be put 18 on as an expert in at least responding to many of 19 the things that you have put on the record. I think 20 it's important, you know, that the director at least 21 be asked to come forth, and I'd like for the 22 director to be able to review the discussion and 23 review the record, the transcript, and to prepare 24 that. 25 Because I think the one thing that is 16 H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 i very, very clear is that the -- the testimony and the debate -- you clearly are conferring our right to issue a special -use permit or Class II permit. And so I mean, I think that's some progress, because before -- MR. NIETO: Well -- COMMISSIONER TEELE: -- you've always indicated that we were maybe operating outside of our legal authority. So I mean -- MR. NIETO: Just so I'm clear, I don't believe that you can issue a Class II permit. My argument was that at the very least there should be a major -use permit; and that would have to be reviewed in the context of the permit application, Commissioner. COMMISSIONER TEELE: So you're acknowledging or conceding that we could issue a major -use permit? MR. NIETO: I think that if there was an application for a major -use permit, there would have to be a review as to whether that's consistent with the comprehensive plan, consistent with the zoning district; and that hasn't been done. Do I think that they can get a major use? Probably not. But the point is that at the very H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. ?raktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 least, that review should have been done. VICE -CHAIRPERSON WINTON: That seems to be inconsistent with a number of comments made earlier. So -- MR. NIETO: Those procedural comments before. At the very least, review should have been done in the first place, and looked at the issue more carefully. COMMISSIONER TEELE: That's my point precisely. I think we need to hear from the director to determine what type of review the director did. And I think you've raised the issues that need to be at least -- I mean, you're not comfortable with what we have been reviewing, is what you're saying. I don't think this should be an argument among lawyers. What I think is we need to have at least enough competent evidence on the record to at least sustain your appeal or to deny your appeal. And so I'm just simply alerting the staff that I would hope that they would be prepared to review the permit very carefully and to come back either on the 26th or the 11th, whatever date the Chairman so designates, and we can continue this. I think this is extremely helpful in terms of H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-066 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 1 understanding the major -use argument as compared to the Class II argument. But I think that the thing that gives me a lot of comfort at this point is at least we're down to determining what is the best instrument as opposed to challenging the right to issue in those other things that have been the issue before. MR. NIETO: Okay. Again, just so we're clear, my point was, the review wasn't done. So I am not conceding that, that it would be proper to issue a major -use permit. CHAIRMAN REGALADO: Okay. So when do you want this back? The 11th? The 26th? The maker of the motion? VICE -CHAIRPERSON WINTON: My motion was the 26th. If someone wants to offer up a modification to that, then I guess we would have to consider it. CHAIRMAN REGALADO: Okay. Do we have a Isecond? COMMISSIONER SANCHEZ: Second. CHAIRMAN REGALADO: With any amendment? COMMISSIONER SANCHEZ: No, no amendments. COMMISSIONER TEELE: Well, I would ask if we're going to do it on the 26th, can we agree to H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take it up as the first item after lunch? VICE -CHAIRPERSON: Sure. COMMISSIONER TEELE: So that we can at Ileast -- VICE-CHAIRPERSON WINTON: Absolutely. CHAIRMAN REGALADO: Okay. Time certain, 3:00, 3:00 p.m., on September 26th. Thus, that's the motion; continued to that day. All in favor, say aye. COMMISSIONER TEELE: Aye. COMMISSIONER SANCHEZ: Aye. VICE -CHAIRPERSON WINTON: Aye. VICE-CHAIRMAN REGALADO: Okay. Manager, we'll go on to something else. (End of proceedings.) Mr. 20 1 H. Allen Beno%vitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida 02-1066 r • • l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER ISTATE OF FLORIDA: SS: (COUNTY OF DADE: I, LISA EDWARIS-, Shorthand Reporter, do hereby certify that I reported the meeting of the City of Miami City Council Thursday, July 25, 2002; and that the foregoing pages, numbered from 1 to 21, inclusive, constitute a true and correct transcription of my shorthand report of the proceedings. WITNESS my hand and official seal in the City of Miami, County of -Dade, -State of Florida, this 26th day of July, 2002. Court Reporter H. Allen Benowitz - Jessica R. Berman - Peggy Cook - Matz. Traktman. Feldman & Wildner - Ivy Court Reporting A Veritext Company Serving South Florida o2 -loss Florida JEB BUSH GOVERNOR MEMORANDUM Department District 6 Permit Office 1000 N.W. 111 Avenue, Room 6215 Miami, Florida 33172-5800 Telephone (305)470-5367 Fax(305)470-5443 DATE: September 23, 2002 TO: Gustavo Pego, Director of Operations Ronald Steiner, District Maintenance Charles Newton, Traffic Operations Jesus Martinez, ITS -Sun Guide Administrator Dennis Burke, South Dade Maintenance FROM: Miguel Caldera District VI Permits Room 6215 SUBJECT: Downtown Grand Prix of -Transportation THOMAS F. BARRY, JR. SECRETARY FLORIDA. Cc?T'�, CSTATICN SE30 2 5 2002 DIRECTOR OF 0--=-ATIONS ORCE Enclosed please find a temporary closing/special use of State Road permit request from Raceworks and the pertinent information. Please review and comment ASAP. Your assistance in processing this permit is greatly appreciated. Should you have any questions please call me at (305) 470-6711. 02 — 101t STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM =44"S REQUI FOR TEMPORARY CLOSINGISPECIAL U OF STATE ROAD MAINT-01M FACE IOFI L^TRUCTIOfdS: OBTAIN SIGNATURES OF LCCAL LAW ENFORCEMENT AND CIiYICOUNTY OFFICIALS PRIOR TO SUBMITTING TO DEPARTMENT OF TRANSPORTATION, TTACH "Y NECESSARY MAPS OR SUPPORTING DOCUMENTS. iACEWORKS LLC Chuck Martinez DORESS OF ORGANIZATION ELEPHONE 41 E. Flagler Street (305) 533-1033 3RAND PRIX AMERICA )cL 4-6,2002 8:00 a.m. 13 Days ROPOSED ROUTE (INCLUDES STATE ROAD VUM2ER. SPECIFIC LOCATION, R -1-C. October 1, 2002 (7:00 p.m.) tate Road #5 (Biscayne Boulevard) from N.E. 5 Street to S.E. Biscayne Boulevard Way. Areas East on East 2 a Avenue Qtween 5 Street and S.E. Biscayne Boulevard will be limited access. ETOUR ROUTE (MCLUDE ALTERNATE ROU TFS IMMUDE MAPS) Northbound State Road #5 (Brickell Avenue) will be detoured at S.E. 7 Street, west to South Miami Ave. then north to 4' Street_ Fourth Street east to S.E. 1 Ave., then north to S.E. 1 Ave. Southbound State Road #5 (Bisc. Blvd.) will be detoured west to N.E. 2 Ave. then south on 2 Ave. Bayside Market Place, AA Arena and the Portof Miami will be allowed to proceed south on Biscayne Boulevard from 13th Street. Access to the Miami Center, the Hotel Intercontinental will be through Biscayne Boulevard Way. :ME OF DEPT. RESPONSIBLE FOR TRAFFIC CONTROL ETC. (CITY POLICE SHMFF'S DEPT. FLORIDA HV". PATROL ETC-) (INCLUDE PRECINT NO.) The Miami Police and Fire Departments will be responsible for the maintenance of traffic and all related emergency services. -ECIAL CONDITIONS: Special provisions will be made for deliveries to Bayside Market Place and Bayfront Park. Entrance will be at Biscayne Boulevard and N.E. 5 Street. Biscayne Boulevard Way will remain open at all times as an access to and from the Miami Center and the intercontinental Hotel. Several local streets will be made two way for accessibility. IIS SECTION IS TO aE COMPLETED VVI -16N FERA(ITTING SPECIAL USE OF A STATE ROAD FOR FILMING. TENSED PYROTECHNICS OPERATOR LICENS£ NO. 'PROVAL OF LOCAL FIRE DEPARTMENT %WUTY INSURANCE CARRIER )VERAGEAtAOUI.TT NGTH OF COVERAGE ($1.000,000 MINIMUM) DAYS UERAL AVIATION ADMINISTRATION APPROVAL FOR LOW FLYING FILMING POLICY EFFECTIVE- DATE 10RIONAL LMILITY MSURANCa AMOUNT (S5.000.000 MINIMUM) 'PF*D NAME AND TITLE (INZLUOE BADGE NO. IF APPR[)PRiAm) SIGNATURE OF CHIEF OF LAW ENFORCMENT AGENCY DATE SIGNED haul Martinez Thief of Police -ED NAME AND TITLE (INCLUDE aAW,& NO. IF APPROPRIATE) SIGNATURE OF CHIEF OF LAW ENFORCMENT AGcIdCY DATE SIGNED :arlos A Gimenez .'ity Manager UTHORITIES: CHAPTER 14.63, FLORIDA ADMINISTRATIVE CODE. RULES OF THE DEPARTMENT OF TRANSPORATION-TEMPORARY CLOSING AND PECIAL USE OF STATE ROADS. SECTIONS 337.406(l),496-06 AND 316-008, FLORIDA STATUTES. 621-537 POM 850440-5- IKADMOL9= PAGE 2 OF 2 The Permittee, shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by the Permittee, its agents, employees, or subcontractors during the performance of the Contract, whether direct or indirect, and whether to any person or property to which the Department or said partles may be subject, except that neither the Permittee nor any of its subcontractors will be liable under this Article for damages arising out of the injury or damage to persons or property directly caused or resulting form the SOLE.negligence of the Department or any of its officers, agents or employees. Contractor's obligation to indemnity, defend, and pay for the defense or at the Department's option, to participate and associate with the Department in the defense and trial of any damage claim or suit and any related settlement negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor's duty to defend an indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment after highest appeal is exhausted specifically finding the Department SOLELY negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. Department's failure to notify Contractor of a claim shall not release Contractor of the above duty to defend. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, tile and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, assume all risk of an indemnify, defend, and save harmless the State of Florida and the Department from and against any all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. During the event, all safety regulations of the Department shall be observed and the holder must take measures, including placing and display of safety devices, that may be necessary in order to safely conduct the public thorugh the project area in accordance with the Federal Manual on Uniform Traffic Control Devices (MUTCD), as amended, and the Department's latest Roadway and Traffic Design standards. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the facility will have to be brought into compliance or removed from the RAN at no cost to the Department. Submitted by: &—VIA OA 4,'r` Place Corporate Seal Permittee Ignature and itle Attested 61o�4sky Department of Transportation Approval: This Request is Hereby Approved Recommended for approval Title Approved by: uismci becretary or Designee DISTRIBUTION: Original- Permittee 1st Copy- District Maintenance office 4n° Copy- Local Maintenance Engineer zoo Date Date 02_1066 69996LS20C SF3 ZT:ZT ZOOZ/CZ 60 MIAMI POLICE DEPARTMENT t, Race Course Traffic Post North Bound Traffic Detour South Bound Detour ---� Inter Continental Hotel --- Port of fvliami/Bayside Source! Miaml Police Department - Support Service Section Prepared By. Support Service Section - Planning and Research Unit AQQL !CAT!0N FOR'L'nwnlT Tn r`1 CSC STATIE r"^ • O .ter ..+a • d a 4 &A06a v vw v i ri l V L[V!'11! ff.7 (Biscayne Boulevard or U.S. Highway #1) APPLICANT: Race Works / City Of Miami LOCATION OF CLOSURE: Biscayne Boulevard from N.E. 5 Street to S.E. Biscayne Boulevard Way. BEGINNING AND ENDING TIMES OF CLOSURES: The Miami Police Department will commence street closures at 7:00 p.m. on October 1, 2002. We anticipate re -opening all roadways by 6:00 a.m. on Monday, October 7, 2002. BARRICADED AREAS: Barricades will be setup on Bisca ne Boulevard at N.E. 13 Street. Northbound traffic will be diverted west on 13 Street to N.E. 2 Avenue. They will then be detoured south on N.E. 2nd Avenue. Port of Miami, Bayside Market Place and the American Airlines Arena will be allowed to continue south on Biscayne Boulevard in an extreme left lane. They will not be forced into the detour at 13th Street. Barricades and traffic cones will be set up to permit Bayside traffic to travel south in the northbound lanes of Biscayne Boulevard from 5th Street to ' access the front entrance of Bayside on October 15t through October 3`d. Traffic will utilize the same route to exit Bayside. The city block between 4d' ,and 5th Streets will be converted into two-way traffic. At 7: pm on October 3`d, the only entrance and exit to and from Bayside will be via 5th Street (Port Boulevard). Race Works personnel will allow an access to the rear of Bayside and Bay Front Park for deliveries at the end of each race day. The streets between north east 4th Street and Biscayne Boulevard Way will all be converted into a two way street. Signs will be posted stating dead end street, local traffic only. Traffic cones will be set up to convert street into two ways. SPECIAL PROVISIONS: A break in the concrete wall at Biscayne Boulevard and S.E. 3 Street will remain open to allow access to the Miami Center and the Intercontinental Hotel from 7:00 p.m. on Tuesday, October 1st until 7:00 p.m. on Thursday, October 50i. Motorists going to these two (2) locations will be able to access Chopin Plaza during this time period. As of October 3`d, traffic to these two locations will only be able to access the parking garage of the Miami Center. Chopin Plaza will not be blocked. 02-1066 root 69996rcc0£ YVd £T:ZT ZOOZ%£Z%60 Ref: Race works Street Closure Page 2 of 2 After 7:00 p.m. on Thursday, access to Hotel Inter -Continental and the Miami Center will be extremely limited in accordance with an agreement between Race Works and the affected businesses. Starting Tuesday, October 1, 2002, the only access to the area of Chopin Plaza or the affected businesses will be through Biscayne Boulevard Way from S.E. 2 Avenue. TRAFFIC DETOURS: Northbound, State Road #5: Motorist not desiring to travel through Downtown will be encouraged to detoured west from S.E. Brickell Avenue to South Miami Avenue or 195. If the desire to take the South Miami Avenue detours, they will proceed north across the Miami Avenue Bridge to S.E. 4 Street. They will be diverted east to S.E. 1 Avenue northbound. They will be allowed to connect back onto State Road #5 at N.E. 14 Street. Local traffic will be allowed north across the Brick ell bridge. Traffic going to the Inter -Continental Hotel and the Miami Center will continue east on Biscayne Boulevard Way. All other traffic will tum left on S.E. 3rd avenue. Traffic will be allowed to continue north on south east 3rd avenue to Flagler Street. All traffic must tum left at Flagler Street. South east 3rd avenue will remain open to traffic from Biscayne Boulevard Way until 9:pm Thursday night. When- 3`d Avenue is closed to traffic, only the Miami Center and Hotel Inter -Continental Hotel traffic will be allow across the Brickell Bridge. All other traffic will be diverted west on 7t' Street to the Miami Avenue Detour. Should north bound traffic across the Brickell bridge become too congested, and impassable, all north bound traffic will be diverted west at 7ti' Street, and north across the South Miami Avenue bridge. They will be able to access the; Miami Center and the Inter -Continental Hotel by going east on S.E. 4h Street to 2nd Avenue. The Biscayne Boulevard exits from 195 will remain open. In the event traffic becomes too congested, the ramps will be closed by the Florida Highway Patrol. Race Works will hire off duty State Officers. F.D.O.T. will be notified by the Miami Police Department of the closure. F.D.O.T. will post the closure on its variable information boards. Southbound. State Road #5: Traffic will be detoured west at N.E. 13 Street to N.E. 2 Avenue. They will proceed south on 2"d Avenue to reconnect to State Road #5. Only local traffic will be allowed east of 2"d Avenue. The extreme left lane will remain open for traffic going to Bayside, The port Of Miami, and the American Airlines Arena. Should 2" Avenue become too congested, Miami Police Officers will divert traffic south on N. Miami Avenue from 13 Street. 02-1066 Soo V1 69996rSS0£ 1'63 T,T:ZT ZOOZ/£Z/60 Ref: Race works Street Closure Page 3 of 3 - SIGNAGE: 1. An information board will be placed at State Road #5 (Biscayne Boulevard) at 150 street, displaying, expect delays ahead. Detour ahead. 2. An information board will be placed at State Road #5 (Biscayne Boulevard) displaying, Bayside, Port Of Miami, AAA Arena left lane only. 3. An information board will be placed on the Biscayne Boulevard exit from 195, displaying local traffic only, straight ahead. 4. An information board will be placed at S.E. 2 Avenue and Biscayne Boulevard Way depicting the Miami Center and the Hotel Intercontinental. 5. An information Board will be placed south of Coral Way on Brickell avenue depicting, expect delays, Biscayne Boulevard north bound closed Local traffic only. 6. An information board will be placed at Brickell avenue and south east 8th Street depicting, Biscayne Boulevard north bound closed. Local downtown traffic only. . 7. The Florida Department Of Transportation' s information board on South Dixie Highway at 17'' Avenue will be utilized, warning of long delays, northbound Biscayne Boulevard closed. Take 195 to avoid downtown traffic. 8. Road closed, local traffic only signs will be posted on the listed streets, east of east 2"d avenue. Biscayne Boulevard Way, S.E. 3 Street, S.E. 2 Street, S.E. 1 Street, East Flagler Street, N.E. 1 Street, N.E.2 Street, N.E.3 Street, and N.E. 4 Street. Traffic cones will be set up to allow 2 way traffic on these streets. 9. Detour signs will be posted at S. Miami Avenue and 7th Street, to go north on Miami Avenue. 10. A traffic spotter will be placed near the top of the Miami Center to observe and report on problem areas. Adjustments will be made as needs. 11. Information is being made available to the media advising of our traffic flow plan. 02-1066 900 P1 69996L220C TV3 tT : ZT ZOOZ- N/60 Ref: Race works Street Closure Page 4 of 4 The Miami Police Department will maintain an access and an exit from every business affected by this closure. In the event of a major emergency, the Miami Police Department reserves the right to reopen and allow access to all areas of this event. The Miami Police Department will staff this event with an adequate amount of officers, supervisors and commanders to ensure public safety and a continual flow of traffic. 02-1066 LOO(j 69996LSSOC TF3 tT:ZT ZOOZ/CZ/60 MIAMI POLICE DEPARTMENT D\ Source: Miami Police Oepadment - Support Service Section Prepared By: Support Serolce Secllon - Planning and Research Unil n..i. ... --- ---- MIAMI POLICE DEPARTMENT J m F� E FLAG R ST00 �E Z Q �— CJ N m fYl�+ M- m Source: Waml Pdice Department - Support Service SecUon Prepared By: Support Service Sector - Nanning and Research Unit n�Io. .n u MIAMI POLICE DEPARTMENT D\ Source: Miami Police Department- Support Service Section Prepared By: Support Service Section - Planning and Researdi Unit A An ! — ---A GRANDoPR/X DOWNTOWN M IA MI OCTOBER 4, 5 & 69 2002 '02-1 TO: Carlos A. Gimenez City Manager FROM:)�C' a In z ief of o R r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE `^ �'` ` f FILE SUBJECT: Request for Temporary Street Closure Biscayne Boulevard (State Road #5) REFERENCES: ENCLOSURES: Attached is the State of Florida Permit requesting a temporary closure of Biscayne Boulevard. The permit is being submitted by Mr. Chuck Martinez, President and General Manager of Raceworks. Please review, for your approval and signature. Do not hesitate to contact me if you have any concerns or questions. RM/ag 4 02-1066 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 650.040-65 REQUES OR TEMPORARY CLOSING/SPECIAL U-- OF STATE ROAD MAINT-02192 st r PAGE I OF.' INSTRUCTIONS: OBTAIN SIGNATURES OF LOCAL LAW ENFORCEMENT AND CITY/COUNTY OFFICIALS PRIOR TO SUBMITTING TO DEPARTMENT OF TRANSPORTATION. ATTACH ANY NECESSARY MAPS OR SUPPORTING DOCUMENTS. NAME OF ORGANIZATION PERSON IN CHARGE DATE RACEWORKS LLC Chuck Martinez ADDRESS OF ORGANIZATION TELEPHONE: 341 E. Flagler Street (305) 533-1033 TITLE OF EVENT GRAND PRIX AMERICA DATE OF EVENT STARTING TIME OF EVENT DURATION TIME OF EVENT (APPROX.) ACTUAL CLOSING TIME (INCLUDING SETTING UP BARRIERS, ETC.) Oct. 4-6, 2002 18:00 a.m. 3 Days ITues. October 1, 2002 (7:00 p.m.) PROPOSED ROUTE (INCLUDES STATE ROAD NUMBER, SPECIFIC LOCATION, ETC. - INCLUDES MAPS) State Road #5 (Biscayne Boulevard) from N.E. 5 Street to S.E. Biscayne Boulevard Way. Areas East on East 2nd Avenue between 5 Street and S.E. Biscayne Boulevard will be limited access. DETOUR ROUTE (INCLUDE ALTERNATE ROUTES -INCLUDE MAPS) A. Northbound State Road #5 (Brickell Avenue) will be detoured at S.E. 7 Street, west to South Miami Ave. then north to 41h Street. Fourth Street east to S.E. 1 Ave., then north to S.E. 1 Ave. Southbound State Road #5 (Bisc. Blvd.) will be detoured west to N.E. 2 Ave. then south on 2 Ave. Bayside Market Place, AA Arena and the Port of Miami will be allowed to proceed south on Biscayne Boulevard from 13th Street, Access to the Miami Center, the Hotel Intercontinental will be through Biscayne Boulevard Way. NAME OF DEPT. RESPONSIBLE FOR TRAFFIC CONTROL, ETC. (CITY POLICE, SHERIFF'S DEPT. FLORIDA HWY. PATROL, ETC.) (INCLUDE PRECINT NO.) The Miami Police and Fire Departments will be responsible for the maintenance of traffic and all related emergency services. Special provisions will be made for deliveries to Bayside Market Place and Bayfront Park. Entrance will be at Biscayne Boulevard and N.E. 5 Street. Biscayne Boulevard Way will remain open at all times as an access to and from the Miami Center and the Intercontinental Hotel. Several local streets will be made two way for accessibility. SECTION IS TO BE COMPLETED WHEN PERMITTING SPECIAL USE OF A STATE ROAD FOR FILMING. LICENSED PYROTECHNICS OPERATOR LICENSE NO. APPROVAL OF LOCAL FIRE DEPARTMENT LIABILITY INSURANCE CARRIER POLICY EFFECTIVE DATE COVERAGE AMOUNT (51,000,000 MINIMUM) LENGTH OF COVERAGE DAYS FEDERAL AVIATION ADMINISTRATION APPROVAL FOR LOW FLYING FILMING ADDITIONAL LIABILITY INSURANCE AMOUNT ($5,000,000 MINIMUM) TYPED NAME AND TITLE (INCLUDE BADGE NO. IF APPROPRIATE) Raul Martinez SIGNAT RE OF CHIEF OF LAW FORC NT AGENCY DAT SIGNEq /G 1 Chief of Police } TYPED NAME AND TITLE (INCLUDE BADGE NO. IF APPROPRIATE) Carlos A. Gimenez - SIt.N TURE OF CHIEWWOf LAW ENFORCM N AGENCY DATE SIGNED City Manager AUTHORITIES: CHAPTER 14-65, FLORIDA ADMINISTRATIVE CODE: RULES OF THE DEPWRTMENT OF TRANSPORATION-TEMPORARY CLOSING ANC SPECIAL USE OF STATE ROADS. SECTIONS 337.406(l),496.06 AND 316.008, FLORIDA STATUTES. 621.5 02-1066 • V • MAINT-02/92 PAGE 2 OF 2 A I The Permittee, shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by the Permittee, its agents, employees, or subcontractors during the performance of the Contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except that neither the Permittee nor any of its subcontractors will be liable under this Article for damages arising out of the injury or damage to persons or property directly caused or resulting form the SOLE negligence of the Department or any of its officers, agents or employees. Contractor's obligation to indemnity, defend, and pay for the defense or at the Department's option, to participate and associate with the Department in the defense and trial of any damage claim or suit and any related settlement negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor's duty to defend an indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment after highest appeal is exhausted specifically finding the Department SOLELY negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. Department's failure to notify Contractor of a claim shall not release Contractor of the above duty to defend. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, tile and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, assume all risk of an indemnify, defend, and save harmless the State of Florida and the Department from and against any all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. During the event, all safety regulations of the Department shall be observed and the holder must take measures, including placing and display of safety devices, that may be necessary in order to safely conduct the public thorugh the project area in accordance with the Federal Manual on Uniform Traffic Control Devices (MUTCD), as amended, and the Department's latest Roadway and Traffic Design standards. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the facility will have to be brought into compliance or removed from the R/W at no cost to the Department. Submitted by: 4,W -A M ar" `k -t Permittee Place Corporate Seal ignature and -TF -le Q Attested C' iWnsk Qv,�s ; a y Department of Transportation Approval: This Request is Hereby Approved Recommended for approval Approved by: District Secretary or Designee DISTRIBUTION: Original- Permittee 15' Copy- District Maintenance Office 2`'d Copy- Local Maintenance Engineer Title Date Date 02-1066 APPLICATION FOR PERMIT TO CLOSE STATE ROAD #5 (Biscayne Boulevard or U.S. Highway #1) APPLICANT: Race Works / City Of Miami LOCATION OF CLOSURE: Biscayne Boulevard from N.E. 5 Street to S.E. Biscayne Boulevard Way. BEGINNING AND ENDING TIMES OF CLOSURES: The Miami Police Department will commence street closures at 7:00 p.m. on October 1, 2002. We anticipate re -opening all roadways by 6:00 a.m. on Monday, October 7, 2002. BARRICADED AREAS: Barricades will be setup on Biscayne Boulevard at N.E. 13 Street. Northbound traffic will be diverted west on 13 h Street to N.E. 2 Avenue. They will then be detoured south on N.E. 2"d Avenue. Port of Miami, Bayside Market Place and the American Airlines Arena will be allowed to continue south on Biscayne Boulevard in an extreme left lane. They will not be forced into the detour at 13th Street. Barricades and traffic cones will be set up to permit Bayside traffic to travel south in the northbound lanes of Biscayne Boulevard from 5th Street to access the front entrance of Bayside on October 1St through October 3`d. Traffic will utilize the same route to exit Bayside. The city block between 4th and 5th Streets will be converted into two-way traffic. At 7: pm on October 3rd, the only entrance and exit to and from Bayside will be via 5th Street (Port Boulevard). Race Works personnel will allow an access to the rear of Bayside and Bay Front Park for deliveries at the end of each race day. The streets between north east 4th Street and Biscayne Boulevard Way will all be converted into a two way street. Signs will be posted stating dead end street, local traffic only. Traffic cones will be set up to convert street into two ways. SPECIAL PROVISIONS: A break in the concrete wall at Biscayne Boulevard and S.E. 3 Street will. remain open to allow access to the Miami Center, and the Intercontinental Hotel from 7:00 p.m. on Tuesday, October 1St until 7:00 p.m. on Thursday, October 5th Motorists going to these two (2) locations will be able to access Chopin Plaza during this time period. As of October 3rd, traffic to these two locations will only be able to access the parking garage of the Miami Center. Chopin Plaza will not be blocked. Ref: Race works Street Closure Page 2 of 2 After 7:00 p.m. on Thursday, access to Hotel Inter -Continental and the Miami Center will be extremely limited in accordance with an agreement between Race Works and the affected businesses. Starting Tuesday, October 1, 2002, the only access to the area of Chopin Plaza or the affected businesses will be through Biscayne Boulevard Way from S.E. 2 Avenue. TRAFFIC DETOURS: Northbound, State Road #5: Motorist not desiring to travel through Downtown will be encouraged to detoured west from S.E. Brickell Avenue to South Miami Avenue or 1-95. If the desire to take the South Miami Avenue detours, they will proceed north across the Miami Avenue Bridge to S.E. 4 Street. They will be diverted east to S.E. 1 Avenue northbound. They will be allowed to connect back onto State Road #5 at N.E. 14 Street. Local traffic will be allowed north across the Brickell Bridge. Traffic going to the Inter -Continental Hotel and the Miami Center will continue east on Biscayne Boulevard Way. All other traffic will turn left on S.E. 3rd avenue. Traffic will be allowed to continue north on south east 3rd avenue to Flagler Street. All traffic must turn left at Flagler Street. South east 3rd avenue will remain open to traffic from Biscayne Boulevard Way until 9:pm Thursday night. When 3rd Avenue is closed to traffic, only the Miami Center and Hotel Inter -Continental Hotel traffic will be allow across the Brickell Bridge. All other traffic will be diverted west on 7th Street to the Miami Avenue Detour. 4 Should north bound traffic across the Brickell bridge become too congested, and impassable, all north bound traffic will be diverted west at 7th Street, and north across the South Miami Avenue bridge. They will be able to access the Miami Center and the Inter -Continental Hotel by going east on S.E. 4th Street to 2nd Avenue. The Biscayne Boulevard exits from 1-95 will remain open. In the event traffic becomes too congested, the ramps will be closed by the Florida Highway Patrol. Race Works will hire off duty State Officers. F.D.O.T. will be notified by the Miami Police Department of the closure. F.D.O.T. will post the closure on its variable information boards. Southbound, State Road #5: Traffic will be detoured west at N.E. 13 Street to N.E. 2 Avenue. They will proceed south on 2nd Avenue to reconnect to State Road #5. Only local traffic will be allowed east of 2nd Avenue. The extreme left lane will remain open for traffic going to Bayside, The port Of Miami, and the American Airlines Arena. Should 2" Avenue become too congested, Miami Police Officers will divert traffic south on N. Miami Avenue from 13t Street. 02-1066 Ref: Race works St t Closure Page 3 of 3 SIGNAGE: An information board will be placed at State Road #5 (Biscayne Boulevard) at 15" street, displaying, expect delays ahead. Detour ahead. 2. An information board will be placed at State Road #5 (Biscayne Boulevard) displaying, Bayside, Port Of Miami, AAA Arena left lane only. 3. An information board will be placed on the Biscayne Boulevard exit from 195, displaying local traffic only, straight ahead. 4. An information board will be placed at S.E. 2 Avenue and Biscayne Boulevard Way depicting the Miami Center and the Hotel Intercontinental. 5. An information Board will be placed south of Coral Way on Brickell avenue depicting, expect delays, Biscayne Boulevard north bound closed Local traffic only. 6. An information board will be placed at Brickell Avenue and south east 8th Street depicting, Biscayne Boulevard north bound closed. LOCAL DOWNTOWN TRAFFIC ONLY. 7. The Florida Department Of Transportation' s information board on South Dixie Highway at 17th Avenue will be utilized, warning of long delays, northbound Biscayne Boulevard closed. Take 1-95 to avoid downtown trAffic. 8. Road closed, local traffic only signs will be posted on the listed streets, east of east 2"d avenue. Biscayne Boulevard Way, S.E. 3 Street, S.E. 2 Street, S.E. 1 Street, East Flagler Street, N.E. 1 Street, N.E.2 Street, N.E.3 Street, and N.E. 4 Street. Traffic cones will be set up to allow 2 way traffic on these streets. 9. Detour signs will be posted at S. Miami Avenue and 7th Street, to go north on Miami Avenue. 411 10. A traffic spotter will be placed near the top of the Miami Center to observe and report on problem areas. Adjustments will be made as needs. 11. Information is being made available to the media advising of our traffic flow plan. 02--1066 Ref: Race works Sf t Closure Page 4 of 4 The Miami Police Department will maintain an access and an exit from every business affected by this closure. In the event of a major emergency, the Miami Police Department reserves the right to reopen and allow access to all areas of this event. The Miami Police Department will staff this event with an adequate amount of officers, supervisors and commanders to ensure public safety and a continual flow of traffic. 4 02 -loss MIAMI POLICE DEP A R T M E N T .z Source: Miami Police Department - Support Service Section Prepared By: Support Service Section - Planning and Research Unit Date: July 19, 2002 MIAMI POLICE DEPARTMENT m d 'A YDS (b E'> a:h PO K 1 ...F•''} � ri v;F Source: Miami Police Department - Support Service Section Prepared By: Support Service Section - Planning and Research Unit MIAMI POLICE DEPARTMENT Race Course 4p Traffic Post North Bound Traffic Detour South Bound Detour iter Continental Hotel ort of Miami/Bayside Support Service Section Planning and Research Unit "Alicia Rosier" To: "Dennis Wheeler' <dwheeler@ci.miami.fl.us>, "Alberto Ventura" <alicia@miamirace.co <aventura@miamiparking.com>, "Mark Spanioli" m> <mspanioli@bamiami.com>, "Jose Solano" <jsolano@ci.miami.fl.us>, "Judy Slovan" <judy.slovan@dot.state.fl.us>, "Bill Senn" 09/23/2002 11:48 AM <bsenn@heat.com>, 'Tim Schmand" <tschmand@ci.miami.fl.us>, "Frank Rollason" <frollason@ci.miami.fl.us>, "Barbara Pruitt" <bpruitt@ci.miami.fl.us>, "Wahid Nor' <wahid.nor@dot.state.fl.us>, "Eduardo Mendoza"<emendoza@hispanicfestival.com>, "Alex Martinez" <amartinez@ci.miami.fl.us>, "Carlo Manzo" "peter <cmanzo@ci.miami.fl.us>, "Jose Lago" <jlago@ci.miami.fl.us> J. Kendrick" <pjkendrickjr@ci.miami.fl.us>, "John Jackson" <jjackson@ci.miami.fl.us>, "Susy Gutierrez" <sgutierrez@ci.miami.fl.us>, "Marcos Freire" <mfreire@therousecompany.com>, "Timothy Dennis" <tdennis@therousecompany.com>, "Chuck Collier' <ccollier@ci.miami.fl.us>, "Girolamo Cafiero" <gerry@miamidade.gov>, "Sal Behar" <bahar@ddamiami.com>, "Woody Bahr" <wbahr@ci.miami.fl.us>, "Jorge Avino" <javino@ci.miami.fl.us>, "Danny Alvarez" <dalvarez@miamidade.gov>, "Juan Aguirre" <juan.aguirre@miami-police.org> cc: Subject: Grand Prix Americas Operations Meeting Please be on hand Wednesday, September 25, 2002 at 9:00 AM, for the Grand Prix Americas operations meeting. The meeting will be held in the dining room at the Columbus Bazaar located between Flagler and N.E. 1st Street and between Biscayne Boulevard and N.E. 3rd Avenue (behind Raceworks offices). Alicia Rosier Grand Prix Americas 341 East F7agler Street Miami, FL 33131 P 305.533.1093 f 305.533.1550 c 305.502.4525 aliciaPmiamirace.com www.miamirace.com 02-1066 GRANDPPRIX DOWNTOWN OCTOBER. 4, 5 & 69 2002 02-1066 GRAND.PRIX D 0 M N TO W N N I AN I TABLE OF CONTENTS General Overview • Site Map • Event Schedule • Pre -Race Schedule • Construction Schedule II Street Closure Plan • Street Closure Communication Plan • Street Closure Flyers Circulated • Tri -Rail and Miami Dade Transit Information • Directional Signage III Impacted Businesses • Impacted Businesses Communication Plan • Pedestrian Access Plan • Support of Downtown Businesses IV Attachments • Site Map • Traffic Flow Map • Informational Flyers • Security Plan GRAND. -PRIX D D W M T O W M UIAVI SITE MAP [SEE ATTACHMENT] 02 1006 GRAND. -PRIX DOWNTOWN YIAY. ATTACHMENTS "ire Map Traffic Flow Map Informational Flyers Security Plan 02-1066 G RA.N A*P R I X 3242" loose asstwo STREET RACING IS BACK IN DOWNTOWN MIAMI On October 4, 5 and 6, 2002 the streets of Downtown Miami will come alive with the sights and sounds of world-class racing machines roaring down Biscayne Boulevard at speeds in excess of 200 MPH! Employees working in First Union Building receive a 10% discount to and a free collectors edition Grand Prix Americas poster by buying your tickets at 80 Biscayne Blvd. For information call 305-373-3333 or visit our website at www.miamirace.com. STREET CLOSINGS: Street Closings begin Tuesday, October 1, 2002 at 7:00 PM Streets Reopen Monday, October 7, 2002 at 6:00 AM Biscayne Blvd. Between NE 5 St. and SE Blvd. Way will be affected *All streets East of SE 3 Ave will be two-way* From the North Via I-95 Option 1 1.) Upon approaching the city stay in the left hand lane. 2.) Take Exit 3A - Downtown/Miami Ave. - head Right 3.) Make an immediate Left at One Riverview Square - this turns into SE 1 Ave. 4.) Turn Right at SW 1 St. 5.) Turn Right at SE 3 Ave. 6.) Turn Left at SE 2 St. 7.) Continue to Parking Garage Option 2 1.) Take Exit 5A - NW 8 St. Port of Miami - head South 2.) Turn Left at NW 2 St. 3.) Turn Right at NW 2 Ave. 4.) Turn Left at SVS"1 St. 5.) Turn Right at SE 3 Ave. 6.) Turn Left at SE 2 St. 5.) Continue to Parking Garage From the South via I-95 1.) Head North on I-95 2.) Take Exit 3A - Downtown/Miami Ave. 3.) Stay in the right lane. 4.) Exit SE 1 Ave. - veer Left 5.) Turn Right at SE 1 St. 6.) Turn Right at SE 3 Ave. 7.) Turn Left at SE 2 St. 8.) Continue to Parking Garage. From the South via Brickell Avenue 1.) Head North on Brickell Ave. 2.) Turn Left at SE 7 St. 3.) Turn Right at South Miami Ave. 4.) Turn Right at SE I St. 5.) Turn Right at SE 3 Ave. 6.) Turn Left at SE 2 St. 7.) Continue to Parking Garage. From the West via the 836 1.) Take the I-95 South Exit. 2.) Take Exit 5A - NW 8 St./Port of Miami - head South 3.) Turn Left at NW 2 St. 4.) Turn Right at NW 2 Ave. 5.) Turn Left at SW 1 St. 6.) Turn Right at SE 3 Ave. 7.) Turn Left at SE 2 St. 8.) Continue t o Parking Garage 02-1066 Q RAND.rPRIx STREET RACING IS BACK IN DOWNTOWN MIAMI On October 4, 5 and 6, 2002 the streets of Downtown Miami will come alive with the sights and sounds of world-class racing machines roaring down Biscayne Boulevard at speeds in excess of 200 MPH! Employees working in SunTrust International Centel' receive a 10% discount to and a free collectors edition Grand Prix Americas poster by buying your tickets at 80 Biscayne Blvd. For information call 305-373-3333 or visit our website at www.miamirace.com. STREET CLOSINGS Street closings begin Tuesday, October 1, 2002 at 7:00 PM Streets reopen Monday, October 7, 2002 at 6:00 AM Biscayne Boulevard between NE 5`n Street and SE Biscayne Boulevard Way will be affected Streets east of SE 3`d Avenue will be changed to two-way traffic Arriving from the north, Via I-95 South Option I 1.) Southbound on I-95 2.) Upon approaching the city stay in the left hand lane' 3.) Take Exit 3A — Downtown / Miami Avenue — exit left for Miami Avenue and turn right of bottom of ramp at traffic light 4.) Make an immediate left at One Riverview Square sign — then veer left, this turns into SE I" Avenue 5.) Get into right lane then turn right at SE I` Street 6.) Continue on SE I" Street to SunTrust International Center parking garage Option 2 1.) Southbound on I795 2.) Take Exit 5A — NW 8`h Street / Port of Miami — head south 3.) Turn left at NW 2nd Street 4.) Turn right at NW 2nd Avenue 5.) Turn left at SW I" Street 5.) Continue on I5` Street to SunTrust International Center parking garage Arriving from the south, via I-95 North 1.) Northbound on I-95 2.) Take Exit 3 — Biscayne Blvd. / Downtown 3.) Stay in the right lane 4.) Exit SE 1st Avenue —then veer left 5.) Get into right lane and turn right at SE I` Street 6.) Continue on SE l st Street to SunTrust International Center parking garage Arriving from the south via, Brickell Avenue 1.) Heading north on Brickell Avenue 2.) Turn left at SE 7`h Street 3.) Turn right at South Miami Avenue and cross river 4.) Turn right at SE l" Street 5.) Continue on SE l st Street to SunTrust International Center parking garage To exit SunTrust International Center parking garage; turn right on SE 1" Street at garage exit ramp, turn right on SE 3'd Avenue, then left on Flagler Street, then left on SE 2nd Avenue and follow to I-95 entrance ramp 02-1066 io GRAND* DOWNTOWN MIAMI AN��� A October 2-6, 2002 Friday, October 4, 2002 - Tentative Subject to Change 8:00 AM - 1:00 PM Practice 2:10 PM - 3:10 PM CHAMP CAR Qualifying 3:30 PM - 4:15 PM ALMS Qualifying 4:15 PM - 5:00 PM Autograph Session 5:30 PM - 6:00 PM Trans -Am Practice/Qualifying 6:30 PM Blast By The Bay Featuring The Pioneer Rock & Roar Concert Series Starring Nestor Torres ,L Saturday, October 5, 2002 -'Tentative Subject to Change 8:00 AM - 8:45 AM Trans -Am Qualifying 1:45 PM - 2:45 PM CHAMP CAR Qualifying 4:00 PM - 7:00 PM Cadillac American Le Mans Challenge (2:45) 7:30 PM Blast by the Bay Featuring The Pioneer Rock & Roar Concert Series Starring Train Sunday, October 6, 2002 - Tentative Subject to Change 9:00 AM - 9:30 AM CHAMP CAR Warm -Up 1:00 PM CART FedEx Championship Series 4:00 PM Trans -Am Race New World Tower Suntrust GRAND*PR/X �GGlr D O W N T O W N M I A M I October 2-6, 2002 Friday, October 4, 2002 - Tentative Subject to Change 8:00 AM - 1:00 PM Practice 2:10 PM -3:10 PM CHAMP CAR Qualifying 3:30 PM - 4:15 PM ALMS Qualifying 4:15 PM - 5:00 PM Autograph Session 5:30 PM - 6:00 PM Trans -Am Practice/Qualifying 6:30 PM Blast By The Bay Featuring The Pioneer Rock & Roar Concert Series Starring Nestor Torres Saturday, October 5, 2002 - Tentative Subject to Change 8:00 AM - 8:45 AM Trans -Am Qualifying 1:45 PM - 2:45 PM CHAMP CAR Qualifying 4:00 PM - 7:00 PM Cadillac American Le Mans PM - 4:15 PM Challenge (2:45) 7:30 PM Blast by the Bay Featuring The Autograph Session 5:30 Pioneer Rock & Roar Concert Series PM Trans -Am Practice/Qualifying Starring Train Sunday, October 6, 2002 - Tentative Subject to Change 9:00 AM - 9:30 AM CHAMP CAR Warm -Up 1:00 PM CART FedEx Championship Series 4:00 PM Trans -Am Race New World Tower Suntrust DOWNTOWN -APPRECIATION DAY DOWNTOWN -APPRECIATION DAY Tear this coupon aRp bring it to our ticket office at Tear this upon and brL�np if to our cket office at ; 0 7 isc8yngrU Vd" coSD.Bisc ynr� v�; r j "* r `�— fgr cctpj i&t tary`ent -fi r'CcLw0Jh4n6r° entrY fo ) "- ,.. T r. 4 inm Grand Prix Americas bn`Ffl&y,'October 4, 2002 GRANDoPR/X D O W N T O W N MIA M I 11A ;�L_ iGrFac aknz Lan - October 2-6, 2002 Friday, October 4, 2002 - Tentative Subject to Change 8:00 AM - 1:00 PM Practice 2:10 PM -3:10 PM CHAMP CAR Qualifying 3:30 PM - 4:15 PM ALMS Qualifying 4:15 PM - 5:00 PM Autograph Session 5:30 PM - 6:00 PM Trans -Am Practice/Qualifying 6:30 PM Blast By The Bay Featuring The Pioneer Rock & Roar Concert Series Starring Nestor Torres Saturday, October 5, 2002 - Tentative Subject to Change 8:00 AM - 8:45 AM Trans -Am Qualifying 1:45 PM - 2:45 PM CHAMP CAR Qualifying 4:00 PM - 7:00 PM Cadillac American Le Mans Challenge (2:45) 7:30 PM Blast by the Bay Featuring Tlie Pioneer Rock & Roar Concert Series Starring Train Sunday, October 6, 2002 - Tentative Subject to Change 9:00 AM - 9:30 AM CHAMP CAR Warm -Up 1:00 PM CART FedEx Championship Series 4:00 PM Trans -Am Race New World Tower Suntrust DOWNTOWN -APPRECIATION DAY Tear this coupon and grins it to our ticket office at ` 13D Biscay l4lV4, ft 4 a, for Cgiupllmefill ary'entry to Grand Prix Americas on friday, October 4, 2002 Tuesday, October 1, 2002 7:00 PM - 9:00 PM Wednesday October 2, 2002 9:00 AM - 5:00 PM Thursday, October 3, 2002 6:30 AM - 7:30 PM 9:00 AM - 5:00 PM 8:00 AM - 12:15 PM 1:00 PM - 4:30 PM 1:00 PM (Approx.) 3:00 PM - 5:00 PM e. 9:00 AM Friday, October 4, 2002 G RAN DiPR /X oowwroww rf.wi EVENT SCHEDULE GRAND PRIX AMERICAS FedEx Championship Series - CHAMP CAR Cadillac American LeMans Challenge - ALMS Trans -Am Series - Trans -Am Facility Open to CHAMP CAR Team Motor Homes Facility Open to CART Operations & Supplier Transporters, CHAMP CAR Team Transporters, and Team Motor Homes Facility Open to Registered Participants Registration (Sheraton Biscayne Bay, 495 Brickell Avenue, Miami) CHAMP CAR Technical Inspection CHAMP CAR Technical Inspection Commence Fueling of Pit Fuel Storage Tanks On -track Orientation for Drivers & Team Representatives " 6:00 AM Facility Open to Registered Participants 7:00 AM Resume Fueling of Pit Fuel Storage Tanks 7:00 AM - 3:00 PM Registration 7:00 AM - 12:00 PM Technical Inspection 8:00 AM - 9:00 AM ALMS Practice 9:20 AM - 9:45 AM Trans Am Practice 10:15 AM - 11:35 AM CHAMP CAR PRACTICE 12:00 PM - 1:00 PM ALMS Practice 12:30 PM - 4:30 PM Technical Inspection 1:20 PM - 1:50 PM Pace Car On Track Activities 2:10 PM - 3:10 PM CHAMP CAR QUALIFYING 3:40 PM - 4:00 PM ALMS Qualifying (GTS & GT) ALMS Qualifying (LMP 900 & LMP 4:05 PM - 4:25 PM 675) 4:15 PM - 5:00 PM Fan Appreciation Activity (Location TBA) CHAMP CAR Logistics & Operations Meeting (Driver Meeting - - 4:15 PM Room) 4:55 PM - 5:25 PM Pace Car On Track Activities 5:30 PM - 6:00 PM Trans Am Practice 6:30 PM - Concert: Nestor Torres 02-1066 1; RAN Saturday, October 5, 2002 6:00 AM Facility Open to Registered Participants 7:00 AM Resume Fueling of Pit Fuel Storage Tanks 7:00 AM - 3:00 PM Registration 7:00 AM - 2:00 PM CHAMP CAR Technical Inspection 8:00 AM - 8:30 AM Trans -Am Qualifying 8:55 AM - 9:20 AM ALMS Practice Warm Up 9:50 AM - 11:00 AM CHAMP CAR PRACTICE 11:10 AM - 11:40 AM _ Pace Car On Track Activities 12:00 PM - 12:25 PM Trans -Am Practice 12:45 PM - 1:00 PM Pace Car On Track Activities 1:15 PM - 2:15 PM CHAMP CAR QUALIFYING 2:15 PM - 4:00 PM Pit Set up/ALMS Grid/Pre-Race 2:45 PM 3:00 PM Pace Car On Track Activities 3:30 PM CHAMP CAR DRIVERS & CHIEF MECHANIC MEETING 4:00 PM - 6:45 PM ALMS Race (2:45) Pioneer Rock -n -Roar Concert Series 7:30 PM - Presents TRAIN Sunday, October 6, 2002 5:30 AM Facility Open to Registered Participants 7:00 AM Resume Fueling of Pit Fuel Storage Tanks 7:30.AM - 12:00 PM CHAMP CAR Technical Inspection 8:00 AM - 11:00 AM Registration 9:00 AM - 9:30 AM CHAMP CAR WARM UP 9:35 AM Prepare Pit Fuel Storage Tanks for Race 9:40 AM - 10:10 AM Pace Car On Track Activities 10:40 AM - 11:10 AM Trans -Am Warm-up 11:40 AM - 12:10 PM Pace Car On Track Activities 12:15 PM GRID CHAMP CARS 1:00 PM START OF GRAND PRIX AMERICAS (Race number 17 of the 2002 FedEx Championship Series) TBD Laps 4:00 PM - 5:30 PM Trans -Am Race " - Pursuant to 6.6.2. of all 2002 CART sanctioned series rule books. Approved means of transportation are scooters, golf carts, and walking. Use extreme caution between turn 16 and pit out on the front stretch. ABSLOUTELY NO CARS WILL BE ALLOWED. TIME CERTAIN SCHEDULE - All sessions, except as noted, to start and finish on schedule 02-1066 GRAND.-PRIX G 4 M B T G M N MIAMI PRE -RACE SCHEDULE September 2002 Tuesday, September 24`h Dave & Busters Promotion (Public) 11:30 a.m. — 1:30 p.m. Location: Dave & Busters Dolphin Mall 11481 NW 12 St. Friday, September 27' Happy Hour at La Loggia (Public) 5:00 p.m. — 9:00 p.m. Location: La Loggia Restaurant 68 W. Flagler St. Miami, FL Friday, September 27' Presidente Party at Club Mystique (Public) 6:00 p.m. — 8:00 p.m. Location: Club Mystique @ the Hilton 5 10 1 Blue Lagoon Drive Miami, FL Saturday, September 28`' Coconut Grove's SpeedFest/Pit Competition All Day (exact time TBD) Location: Monty's + various places in C. Grove 2550 S. Bayshore Dr. Coconut Grove, FL Saturday, September 28`h Race Week Event — Start Your Engines (Public) 10:00 P.M. - ? Location: Oxygen Nightclub 1450 Madruga, Ste. 203 Coconut Grove, FL e. Sunday, September 29`' Miami Cycling Classic in Coconut Grove (Public) 8:30 a.m. — 6:00 p.m. Location: Coconut Grove Monday, September 30d' Welcome Party at Hard Rock Cafe (Public) 5:00 p.m. — 9:00 p.m. Location: Hard Rock Cafe Bayside 401 Biscayne Blvd. R-200 Miami, FL Wednesday, October 2"d CART vs. ALMS Volleyball Tournament (Public) TBD Location: Bayfront Park (Tentative) Wednesday, October 2nd MSEA Pit Stop Event Miami Arena (for kids) 2:00 p.m. — 7:00 p.m. Location: Miami Arena 701 Arena Blvd. Miami, FL Wednesday, October 2"d Simple Green/Publix Promotion (Public) - 5:00 p.m. ` 6:30 p.m. Location: Publix Supermarket 134 SW 13 St. Miami, FL 02-1066 GRAND.PRIX �GG�r D O W N T O W N N I A Y 1 Wednesday, October 2nd Party at The Forge (Public) 8:00 P.M. — 10:00 P.M. Location: The Forge 432 W. 41 St. Miami Beach, FL Wednesday, October 2"d Emerson Fittipaldi Party (Private VIP & Public) 10:00 p.m. — 2:00 a.m. Location: Rumi Restaurant 330 Lincoln Road Miami Beach, FL Thursday, October 3`d Grand Prix Americas Press Luncheon 12:00 p.m. — 2:00 p.m. Location: Miami City Club 200 S. Biscayne Blvd. 55`h Floor Miami, FL Thursday, October 3'd CART B213 Forum & Cocktail Reception (Private) 4:00 p.m. — 6:00 p.m. Location: Miami City Club 200 S. Biscayne Blvd. 55' Floor Miami, FL Thursday, October 3rd Cadillac 100 Years of Innovation Party (Private) 7:00 pm — Location: The Shore Club, 1901 Collins Ave, Miami Beach, FL Thursday, October 3rd "Life in the Fast Lane" by Mumms (Public) 9:00 pm — 1:00 am Location-- Opium Gardens 136 Collins Ave, Miami Beach, FL Friday, October 4`h Race Week and New Times Event (Public) 10:00 P.M. — Location: Club Space 142 NW I I`' Street Miami, FL Friday, October 4`' Mario Andretti Autograph Session for the Art of the Appliance (Public) 3:30 pm — 5:00 pm Location: Best Buy — Tropicare Shopping Center, 7751 Bird Road, Miami, FL Saturday, October 5`' After -Party at Rain (Public) 10:00 P.M. — Location: Rain 323 23rd Street Miami Beach, FL Sunday, October 6`h Race Week Finale — Carlos Vives Concert & Beer Garden 6:00 p.m. — 12:00 a.m. Location: Miami Arena 721 NW I' Ave. Miami, FL 02-1066 GRAND. -PRIX /"I�ZTi� DOW MTOWN MIAMI CONSTRUCTION SCHEDULE Can do now: • Drivers right turn 2% -3 • Drivers right turn 6% - 7 • Drivers left turn 6'/z -7 • Drivers right turn I — 2 • Drivers left turn 13 — 16 (leaving agreed upon openings) • Left side of turn 8 runoff • Pit lane -both sides Saturday 28"' (12:00) • Drivers left turn 3 — 6 (no fence) Sunday 29' (12:00) • Driver right turn 13 — 16 (with all agreed overlaps and removable sections) Tuesday 7pm: • Two-way traffic on Bayside service road (turn 16 — 13) • Pit entrance (N.E 4h St) • Drivers right St S.E 3rd (overlap) • Drivers left St S.E 3rd (overlap) • Drivers right St S.E 2nd • Pit out • Drivers left at Flagler (overlap) • Drivers right at Flagler (overlap) • Turn I runoff • Turn 2 drivers right • Drivers right S.E 2nd St (overlap) • Drivers right S.E 3" St • Drivers left S.E 3' St • Driver left turn 6 — 7 • Driver right turn 6 — 7 (overlap) • Turn 7 runoff • Princessa openings • Drivers left turn 15 (S.E 3rd St & Bayside) Thursday 7 pm: • -Turn 8 runoff (right side) • Turn 13 runoff " • Drivers right turn 16 02-1066 GRAND.PRIX DOWNTOWN MIAMI STREET CLOSURE PLAN Street Closures — Communication Plan • Publicity campaign will begin on September 23, 2002. • Grand Prix Americas will place a full-page ad in the Miami Herald on Sunday, September 29" specifically addressing the street closures and alternate traffic routes. A similar ad, in Spanish, will run in the Nuevo Herald on the same day. • One editorial page in the Miami Herald's Grand Prix Americas Special Supplement will be devoted to street closure information, including a map detailing alternate routes and traffic patterns. This keepsake special section will be featured in the Sunday, September 29'h edition. • During the week of September 29`', Grand Prix Americas will place print advertisements in the following publications: New Times Miami Today Gospel Times Entertainment News & Views Especial • In conjunction with the DOT, Grand Prix Americas will distribute press releases to all print and broadcast media outlets in Dade and Broward counties. • Beginning Monday, September 30`'', media alerts will be sent to every television station broadcasting in Dade and Broward counties. • During the week of September 23'", Chuck Martinez and Willy Bermello are scheduled to appear on several talk radio programs, including the Raquel Regalado Show on La Poderosa 670AM, Buenos Dias con Tomas Garcia Fuste on Telemiami and EI Telenoticiero on Telemiami. The street closures and alternate traffic routes will be included as a topic for their discusssion. • Informational flyers, detailing the street closure plan, will be produced in both English and Spanish and distributed throughout the surrounding Downtown buildings. • MSEA will include street closure information in all of their publicity initiatives. • Grand Prix Americas is working with both the DDA and the Downtown Miami Partnership to distribute the street closure plan to downtown businesses. 02-1066 ..,�R�AND O OWN TOW" Y I A M I STREET CLOSURE FLYERS CIRCULATED [SEE ATTACHMENT] 02-1066 • GRAND•PR/X r �/tiGG� DOM M TOWPI Y1 AM I TRI -RAIL & MIAMI DADE TRANSIT INFORMATION Advertising Plan • We are working closely with Miami Dade Transit and Tri -Rail in order to promote the use of public transportation during the race. • We will be advertising through posters mounted on 136 Metro Rail trains and 30 Tri - Rail trains. We will be encouraging the use of Tri -Rail, Metro Rail and People Mover through our publicity and advertising campaigns, as well as through our website. • We are offering a 10% discount to all Tri -Rail users who buy their Grand Prix Tickets through our ticket office, and show a ticket stub for Tri -Rail. 02-1066 GRgNDi/PRRIXX 0 o w M T o w M MIA M 1 DIRECTIONAL. SIGNAGE IN DOWNTOWN AREA Locations S.E. 7 St. & Brickell Ave. S.E. 7 St. & South Miami Ave. S.E. 3 Ave. (In front of the Clarion) N.E. 10 St. & 2 Ave. N. 5 St. & 2 Ave. 395 & 2 Ave. 395 & Biscayne Blvd. N.E. 2 St. & N.W. 2 Ave. S.W. 1 St. & N.W. 2 Ave. S.E. 1 St. & N.E. 1 Ave. One Riverview S.E. 7 St. & South Miami Ave. S.E. 7 St. & Brickell Ave. S.E. 1 St. & S.E. 3 Ave. Port Exit & N.W. 2 St. S.E. 2 St. & S.E. 3 Ave. Flagler St. & S.E. 3 Ave. •• oRw lCAAS Inter -Continental (arrow) Hyatt (arrow) Miami Center (arrow) Port Trucks Only (arrow) - ORA�J AA Arena (arrow) Bayside (arrow) Port of Miami (arrow) - ARAB✓ /CAS One Biscayne (arrow) SunTrust (arrow) One Bayfront (arrow) First Union (arrow) New World (arrow) - ORA�J lCArr One Bayfront (arrow) First Union (arrow) G RAN A'PRIX 1firB/�fCAs New World (arrow) 02-1V GRAND.PR/X oowwroww w��wi INFORMATIONAL SIGNAGE OUTSIDE DOWNTOWN *INFORMATION BOARDS TO BE PROVIDED BY BOB'S BARRICADES* *VERBAGE TO BE PROVIDED BY THE MIAMI POLICE DEPARTMENT* Locations Description S.E. 13 St. & Brickell Ave. Brickell Bridge Closed S.E. 7 St. & Brickell Ave. Brickell Bridge Detour Directions S.E. 4 St. & S.E. 2 Ave. Inter -Continental, Miami Center & Radisson DuPont Plaza Detour N.E. 13 St. & Biscayne Blvd. AmericanAirlines Arena, Port of Miami & Bayside Traffic Only N.E. IS St. & Biscayne Blvd. Detour Directions 1-95 & S.E. 2 Ave. Inter -Continental, Miami Center & y Radisson DuPont Plaza Detour 02-1066 K GRANO./PRRIXX G O W N TOWN V I A U1 IMPACTED BUSINESSES Communication Plan Grand Prix Americas is providing parking passes, informational flyers, and has established a Free Friday promotion with major Downtown buildings. We have met with representatives from all major buildings, along with the Downtown Development Authority and the Downtown Miami Partnership and updated them on all aspects of construction and traffic flow. We will be meeting with these groups again starting September 23 to re -review all operational issues. Pedestrian Access Plan • Grand Prix Americas has developed a pedestrian access plan which will allow Downtown employees to go from building to building and cross Biscayne Blvd without having to buy an event ticket. This has been done by communication with building landlords and will be supplemented with signage in buildings, informational flyers and Free Friday admission. 02-1066 Z�PR/X d' G O��ND INTER-CONTINENTAL MIAMI & ONE MIAMI CENTER PEDESTRIAN ACCESS PLAN Access Stickers: Access stickers will be provided to the Inter -Continental Miami and One Miami Center. These stickers will be distributed at their discretion to each employee requiring access Oct. 4, 5 and 6. Each employee must have the designated sticker in order to gain access to the track site. Signage: Directional signage will be placed at all entrances and throughout the track. The following sign will be placed at the Flagler and Metro Entrances. (Grand Prix Americas logo) Hotel Inter -Continental (arrow) Miami Center (arrow) Company I.D. Required Upon crossing the entrance bridge to the site, each person will encounter the following sign. This sign will also be placed throughout the path leading to the Hotel Inter -Continental Bridge. Employees will cross this bridge to exit the track and access the Miami Center. (Grand Prix Americas logo) Hotel Inter -Continental (arrow) Miami Center (arrow) For employees wishing to access First Union, One Biscayne Tower and One Bayfront Plaza, the following signs will be in place along the path leading to the Flagler Street Bridge. Through this bridge employees will gain access to downtown. (Grand Prix Americas logo) First Union (arrow) One Bayfront Plaza (arrow) One Biscayne Tower (arrow) 02-1066 t �R� ,* ti DOWNTOWN MIAMI SUPPORT OF DOWNTOWN BUSINESSES • Miami -Dade Community College Media Center • First Methodist Church ---CART Ministries Chapel, Saturday Invocation • Media Luncheon— Miami City Club • 13213 Forum & Reception—Miami City Club • Inter -Continental Miami—Official Hotel of the Grand Prix Americas • Sheraton Biscayne Bay—Registration Center • Renaissance Biscayne Bay—CART Headquarters • Hyatt Regency Miami—Staff Hotel • Riande—Race Control, staff rooms • Best Western—IMSA Headquarters • Everglades Hotel—CART Team Hospitality 4 02-IDGC T FRIDAY SEPTEMBER 13 THRU WEDNESDAY OCTOBER 18 DETAILED SCHEDULE OF GUARDS HOURS SECURITY OFFICERS1 TIME I POST HOURS ��� ::i1fT'T�iTr7�Ti1� � _ :. : • � 121 t 11 1 t 1 • f[fill - 1 11 •It -®-® -1 It •11 -®-® -_- • 11 1 1 1 -®-® --- • I t 1 1 1 -®-® -_ 1 1 1 • f 1 -�-® 02-106 DETAILED SCHEDULE OF -DHOURS ---'1 1 1 • 1 1 -�-® ---1 11 •11 -��-� --- f f 1 •1/ a�-® ---1 1 1 • 1 1WCOMPOUND -® • 1 1 1 1 1 ®�_® -_® • 1 1 f l l -�-® 02-106 02-1066 --- e e e • e e-®-® _-- e e e • e e-®-® --- a ee •ee -®-® ---e ee •ee -�-® ---e ee •ee ®�-® •eee e e ®-- ��® -a® •eee e e ®�-® -=® •eee e e ®�== -== •eee e , �-®tell 02-1066 WEDNESDAY OCTOBERi0 DETAILED SCHEDULE OF -.-HOURS • - -®- ' • . -�� --- l •moi ����� ���■■� � � 02-1066 THURSDAY OCTOBER 3 2002 DETAILED SCHEDULE OF -•HOURS 61=1901 V IM9129 Lai- -®-�_ __-__-� �� ••�SUPERVISOR 02-1066 [gone1 11 - - - • 1 1 1 1 / -�-® j i I FRIDAY OCTOBER 4, 2002 r IDAY 'SHIFT j DETAILED SCHEDULE OF GUARDS HOURS I � j SECURITY OFFICERS j TIME POST HOURS 0600-1900 I ,SUP I 13 � I 10700-1900 I +PADDOCK J 12 I 10700-1900 I PADDOCK 12 i i 0700-1900 (PADDOCK 12 ' I ; 10700-1900 I PADDOCK 12 I I I 0700-1900 PADDOCK 12 I i I 0700-1900 FUEL 12 + I j ; 0700-1900 j I FUEL i 12 I 0700-1900 IFUEL 1 12 0700-1900 FUEL 12 I _ I ,0700-1900 JTV COMP 12 I 0700-1900 , Bi -CENT 1 12 0700-1900 BI -CENT 12 + I 10700-1900 IPARK 12 0700-1900 IPARK 12 I 0700-1900 PARK 12 I 0700-1900 ROVER 12 0700-1900 IROVER 1 12 I I 0700-1900 RELIEF 1 12 0700-1900 RELIEF 12 10700-1900 RELIEF 1 12 0700-1900 1 FLY SQUAD SUPERVISO 12 0700-1900 FLY SQUAD 12 0700-1900 I FLY SQUAD 12 O2--1066 I w I 1 I 0700-1900 ; FLY SQUAD 12 i I 10600-1900 GATE FLAGLER 13 I i 0600-1900 j GATE FLAGLER 13 r !0600-1900 1 GATE FLAGLER 13 1 10600-1900 j GATE FLAGLER 13 I 10600-1900 1 GATE FLAGLER 13 i 10600-1900 j GATE FLAGLER 13 I j 10600-1900 I GATE METRO MOVER 13 I I 0600-1900 GATE METRO MOVER 13 i 0600-1900 GATE METRO MOVER 13 10600-1900 I GATE METRO MOVER ! 13 0600-1900 !' AGATE METRO MOVER. 13 0600-1900 I GATE METRO MOVER 13 I I 1 I j 0600-1900 " GATE BAYSIDE 13 0600-1900 I GATE "BAYSIDE 13 0600-1.900 GATE CHOPIN 13 0600-1900 IGATE CHOPIN 13 0600-1900 I RACE CONTROL 13 0700-1900 CREDENTIALS FLAGLER 12 I T- 0700-1900 CREDENTIALS 5th STREE 12 0700-1900 IVIP CLUB 12 I 0700-1900 1 IVIP CLUB 12 0700-1900 LOADING DOCK, WASTE 12 I 0700-1900 LOADING DOCK, WASTE 12 0700-1900 RIANDE HOTEL 8 FLOOR ` 12 02-1066 i j 1 '0700-1900 PIT CREW SUPERVISOR , 12 j12 10700-1900 PIT CREW i 0700-1900 1 PIT CREW 12 10700-1900 ! I PIT CREW 12 i 10700-1900 IPIT CREW 12 ,I I 0700-1900 77j PIT CREW 12 10700-1900 PIT CREW 12 I 10700-1900 PIT CREW 12 10700-1900 I PIT CREW 12 I j 10700-1900 1 PIT CREW 12 10700-1900 1 REGISTRATION 12 j TOTAL 738 02-1066 02-1066 DETAILED SCHEDULE OF -DHOURS ��� � •„ , „ ®ice 02-1066 SATURDAY OCTOBER 5, 2002 1 ! : DAY ]SHIFT DETAILED SCHEDULE OF GUARDS HOURS SECURITY OFFICERS i TIME i POST HOURS 1 0600-2000 I SUP 14 0700-2000 I I PADDOCK ! 13 i 1 ! 0700-2000 I PADDOCK 1 13 I ! I I j 0700-2000 PADDOCK 13 I I I I 10700-2000 JPADDOCK j 13 10700-2000 1 IPADDOCK 1 13 1 10700-2000 FUEL ( 13 ! '0700-2000 IFUEL j 13 I i 0700-2000 FUEL 13 10700-2000 1 FUEL 13 0700-2000 1 ITV COMP 1 13 I i ) I 10700-2000 1 1131 -CENT 13 I I I 0700-2000 BI -CENT 13 1 0700-2000 1 PARK 13 I 0700-2000 PARK 13 l 0700-2000 PARK 13 0700-2000 ROVER 13 0700-2000 ROVER 13 0700-2000 RELIEF 13 i 0700-2000 RELIEF 13 0700-2000 RELIEF 13 j 0700-2000 FLY SQUAD SUPERVISO 13 I i 0700-2000 1 FLY SQUAD 13 1 10700-2000 FLY SQUAD 13 02--1066 02-1066 ' 0700-2000 AY SQUAD 13 SAT f 10700-2000 j jGATE FLAGLER 13 i0700-2000 IGATE FLAGLER 13 I � I 0700-1600 ) GATE FLAGLER j 9 I i j 0700-1600 GATE FLAGLER 9 10700-1600 I jGATE FLAGLER j 9 10700-1600 GATE FLAGLER 9 0700-2000 1 1 GATE METRO MOVER 13 f 1.0700-2000 GATE METRO MOVER 13 1 f � 10700-1600 GATE METRO MOVER 9 j 0700-1600 GATE METRO MOVER 9 0700-1800 GATE METRO MOVER 9 I ! I 0700-1600 GATE METRO MOVER 9 0700-2000 GATE BAYSIDE 13 j 0700-2000 GATE BAYSIDE 13 10700-2000 GATE CHOPIN 13 10700-2000 GATE CHOPIN 13 0600-2000 RACE CONTROL 14 I 0700-2000 CREDENTIALS FLAGLER 13 0700-2000 CREDENTIALS 5th STREE 13 0700-2000 VIP CLUB 13 10700-2000 UBI 13 I 0700-2000 LOADING DOCK, WASTE 1 13 I ) 10700- 000 LOADING DOCK, WASTE 13 10700- 000 RIANDE HOTEL 8 FLOORI 13 I I 02-1066 02-1066 SAT j 0700-2000 PIT CREW SUPERVISOR 13 I I ' j0700-2000 1 PIT CREW 13 j 0700-2000 PIT CREW 13 113 0700-2000 j PIT CREW 1 10700-2000 PIT CREW 13 1 10700-2000 PIT CREW 13 � 0700-2000 t PIT CREW 1 13 10700-2000 1 PIT CREW 13 � i I ' i I-00 I PIT CREW 13 i !0700-2000 PIT CREW 13 1 i i t 10700-2000 I REGISTRATION 13 TOTAL J 750 02-1066 SATURDAY OCTOBER 5, 2002 --- • , , , , MANDE HOTEL 02-1066 SUNDAY OCTOBER 6, 2002 DAY SHIFT !DETAILED SCHEDULE OF GUARDS HOURS I SECURITY OFFICERS TIME POST HOURS 0600-2000 i SUP i 14 I i 10700-1900 (PADDOCK I 12 � I 0700-1900 PADDOCK 12 0700-1900 PADDOCK 12 i 0700-1900 JPADDOCK 12 I ---- ---- 10700-1900 FEI FUEL �- 12 - 10700-1900 FUEL 12 i i0700-1900 FUEL 12 - I 0700 1900 FUEL 12 1 !0700-1900 jTV COMP 12 I I 10700-1900 _ BI -CENT 12 I I 0700-1900 BI -CENT 12 10700-1900 PARK 12 0700-1900 . PARK 12 0700-1900 PARK 12 0700-1900 ROVER 12 0700-1900 ROVER 12 0700-1900 RELIEF 12 I 10700-1900 RELIEF 12 0700-1900 RELIEF 12 0700-1900 FLY SQUAD SUPERVISO 12 0700-1900 FLY SQUAD 12 0700-1900 FLY SQUAD 12 i 10700-1900 I FLY SQUAD 12 02-1066 02-1066 I 0700-1900 GATE FLAGLER j 12 1 0700-1900 I GATE FLAGLER 1 12 0700-1400 1 1 GATE FLAGLER 7 10700-1400 j GATE FLAGLER 7 " I j0700-1400 I GATE FLAGLER 7 10700-1400 GATE FLAGLER 7 i 0700-1900 GATE METRO MOVER 12 i I 0700-1900 1 GATE METRO MOVER 12 _ 0700-1400 1 GATE METRO MOVER 1 7 I 0700-1400 ( GATE METRO MOVER 7 ; I 0700-1400 ! GATE METRO MOVER 7 0700-1400 GATE METRO MOVER 7 I I, 10700-1900 IGATE BAYSIDE 12 I I 17 -FI 0700-1.900 1 GATE BAYSIDE 12 " 0700-1900- f GATE'CHOPIN 12 " 0700-1-900 GATE CHOPIN 12 I _ 0600-1900 RACE CONTROL 13 ( 0700-1900 CREDENTIALS FLAGLER 12 0700-1900 1 ICREDENTIALS 5th STRE 12 0700-1900 VIP CLUB 12 0700-1900 VIP CLUB 12 I 10700-1900 LOADING DOCK, WASTE 12 i 0700-1900 1 LOADING DOCK, WASTE 12 I 0700-1900 RIANDE HOTEL 8 FLOORI 12 j0700-19-00--7--PIT CREW SUPERVISOR 13 02-1066 ti 02-1066 0700-1900 I ! PIT CREW 13 I 0700-1900 PIT CREW I 13 I I 0700-1900 j PIT CREW 13 0700-1900 I PIT CREW ! 13 ! I 1 0700-1900 I PIT CREW 13 10700-1900 PIT CREW 13 I 0700-1900 1 PIT CREW 13 I I 0700-1900 ; PIT CREW 13 I 0700-1900 PIT CREW 13 0700-1400 REGISTRATION 7 1 _ I TOTAL I G 679 ti 02-1066 SUNDAY OCTOBERii Met MANDE HOTEL 02 -loss MONDAY OCTOBER7,2002 DETAILED SCHEDULE OF GUARDS• ---®ELECTRICAL --_ 1 1 1 • 1 1 -�-® ELECTRICAL 02 -loss 02-1066 • • -.ss ;Lvillitm_ --- �®ELECTRICAL 02-1066 WEDNESDAY OCTOBER 9 THRU FRI1 OCTOBER11 DETAILED SCHEDULE OF GUARDS• --- • 1 1 1 1 1 -�-® -�s • 1 1 1 / 1 -�-® t-- 0 0) R: PARKING FACILITIES PUaIIC FACIL (REF NAM! LOCJ•TION CAAACrtY 1 MNIMAL PAR= OARAGE 81 I0MW3ld5L 515 z M M CFAL PAR"GMMf 1290SW I92 5011 a MMKVAL PAFDMGNUGE 13 1901E3d SL 1.1311 �pAL PAMM MAM14 M. 100 SE 2d SL fast 1 s • 0T PAFXM MMW PNNMWT810 MN 19 km ba58VIbSIB 11WI8V:MISL 81ztAWMzmiAw 211 T MMCPAL PAIIQICLOTON UllderMdidlzEpp SW2d AV• 50 • IIMCPM PAII(ICIDTr38 UrAlff IrIIR+1 SW2dARa 21 MMMM PAIIQI'UDTr31 IAds11MOU1.1 SW2d Az• 187 R• MNI PAL PAIIQIOUDTM MMISICIIdwM 8r18981S1h 311 ++ MIOCPAL PNIQJG LOT 8M MM 1S10Id. M M & M SR 391 auerorwL OUBLIC FACRlT1Ea I i 5,118 BISCAYNE BAY AIM 0y -TT/ ov� Xi VIP DOCK r' \ HOTEL BIfAL \ \ fRAII�E� \ Gui t - LEGEND wm VE MACCO EWMENWNICE ®f / �IEmrcmw IIh'Ni OnOPa:T itA�WM WTMW+BI PADDOCK AFIEA ■ —._- nlELNO p 81ppJ1yyD7IFA. PMIANGIDT le ] OERIF1Lt) A & 8 PARTNERS INC r�~8.+w�.n.�l�r. NIM"M 0 RAL A FERNAMEZ RA AR -0012537 02-1066 ocA.. Ra•.«.a. 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