HomeMy WebLinkAboutM-00-0514® CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
DATE
* 41
JUN - 1 2000 FILE:
SUBJECT: Discussion regarding License
Agreement between City of
Miami and Calor Development,
FROM: REFERENCES : Ltd. For Parking
C os eZ ENCLOSURES:
City Manager
On April 27, 2000, the City Commission directed the administration to schedule a discussion
item to review the terms and conditions of the Revocable License Agreement between the City
and Calor Development, Ltd. ("Calor" or "Licensee") for construction and operation of a surface
parking area at approximately NW S Street, east of Biscayne Boulevard.
This agreement was approved by the City Commission at its meeting of October 26, 1999. For
your reference, a copy of the agreement as approved by the City Commission is attached hereto
as Attachment 1. This agreement was proposed as an interim use of the site until such time as
the City Commission determines the overall development plans for the remainder of the FEC
property and Bicentennial Park and/or the widening of Biscayne Boulevard by FDOT, whichever
comes first.
Highlights of the agreement are as follows:
Term: The agreement commenced on December 14, 1999 and shall continue on a
month to month basis until the first occur:
a) cancellation or termination by request of any of the parties hereto, subject
to the cancellation or termination by the express written agreement of the
parties thereof, or
b) notice provisions of "Cancellation By Request of Either of the Parties
Without Cause" and "Termination By City Manager For Cause".
Purpose: Use of approximately 56,660 s.f. of space for construction and operation of a
parking facility for events at the American Airlines Arena. The proposed
parking lot will contain 119 parking spaces.
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Honorable Mayor and Members
Of the City Commission
Page 2
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Improvements: Licensee, at its sole cost and expense, shall construct the .parking facility.
Additionally, the Licensee, at its sole cost and expense, shall repair the
broken slabs of concrete along the eastern property. line (western edge of the
deep water slip) including the installation of rip rap along the edge of the slip
and cleaning out all debris. Initial. -estimated cost of work was $545,636.
Limitations on
Use: Licensee's hours of operation within the Area shall be restricted to Special
Events along with 3 hours prior and 3 hours after the Special Event.. Special
Events are events taking place within the American Airlines Arena.
Utilities: Licensee will be responsible for all.utilities:
Use Fee: $2,5001month for years one through three. Commencing 36 months from the,
Effective Date; the monthly fee shall increase to $4,500.
Additional
Consideration: The City has the right to full use of the parking area for any City sponsored
event, at no charge, at any time as long as it does not conflict with Licensee's
use during Special Events.
Late Fee: 5% late fee for any payment not received within five days after it becomes
due.
Security Deposit: $7,500.. Commencing 36 months from Ahe Effective Date, the security
deposit shall increase to $13,500.
Maintenance: Licensee, at its sole cost and expense, shall maintain the area.
Termination
Without Cause: This Agreement may be terminated by either parry, with or without cause, by
giving 30 days notice..
Honorable Mayor and Members
Of the City Commission
Page 3
Termination
For Cause: If Licensee violates the restrictions and conditions of this Agreement, then
the City after 10 days written notice within which to cease such violation and
upon failure of Licensee to do so after such notice, this Agreement shall
automatically cancel.
FDOT
Leaseback: On January 13, 2000, the Commission authorized the sale and leaseback of
approximately 20,724 sf of City -owned property located along Biscayne
Boulevard for the future widening of the boulevard. The lease is for $1/yr.
The License with Calor is subject to Calor's compliance with the terms and
conditions of the lease.
At this time, construction for the widening of Biscayne Boulevard is
scheduled to commence on or about July, 2004. If the project can be fast -
tracked, this date will move forward.
The monthly fee negotiated considered the income potential of the lot and the cost of
improvements to the area. The administration supported the acceptance of the improvements as
partial consideration for use of the area. This area was, and portions still are, in a deplorable
condition and could pose a safety hazard. Attached as Attachment 2 are photos of the current
condition of the area. In particular you will note the deteriorated condition of the west wall of
the slip. Calor has already improved the south side of the slip as also noted in the pictures at a
cost of approximately $178,000.
Attached as Attachment 3 is a proforma for the parking facility and preliminary cost estimate for
improvements prepared by Calor. The proforma provided for the parking lot to be operated
primarily as a valet service. As noted above, the monthly fee considered their income potential
and their investment in the property. In effect, the City will receive approximately 25% of their
anticipated net income during the first three years so Calor will have an opportunity to recoup
some of the monies invested. Assuming the license agreement is continuing, commencing in
year 4 the monthly fee will increase to $4,500/month or approximately 40% of their anticipated
net income. This return to the City does not take into consideration the improvements to the
property. Additionally, Calor will be required to pay the City a parking surcharge. Based upon
their proforma this will equal approximately $48,800.
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Honorable Mayor and Members
Of the City Commission
Page 4
Based on the foregoing we can determine that Calor will lose approximately 10% of its initial
investment by July, 2004. We are continuing to work with Calor on updating their. initial
.investment amount. They have advised us they will experience a cost savings in the shoreline
and rip rap improvements. The revised estimate .for this work is approximately $328,000, j
$178,000 of which has already been spent for improvements along the south edge of the slip.
We have been verbally advised, however, that the parking lot will cost approximately $200,000.
to construct which is greater than initially estimated. Utilizing the revised initial investment by
Calor, Calor will, lose approximately 9% of its investment by July, 2004. A copy of our
calculations is attached hereto for reference as Attachment 4. , Since the parking lot is not i
operational at this time, we are unable to compare actual revenues and expenses to the proforma
previously provided:
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to- ATTACHMENT 1
CONTRACT REVIEW AND ANALYSIS FORM
ATTACH SUPPORTING DOCUMENTS
Department/Division: Office Of Asset Management
Contact Person/Contact Number: Albert Fernandez/416-1453
Contracting Entity: Calor Development, Inc.
Resolution Number: 99-513
Project Number: N/A
BUDGETARY INFORMATION
Are funds budgeted? NO
If yes, Total Dollar Amount: N/A EXPENSE REVENUE
SOURCE OF FUNDS: ACCOUNT CODE(S)
If grant funded, is there a City match requirement? NO
AMOUNT: N/A .
Are matching funds Budgeted? NO Account Code(s):
TERMS OF CONTRACT:
Effective Date: Upon execution
Escalating Clause, if any: In the event the agreement is still in effect 36 months after
execution the monthly fee will increase by an additional $2,000.
Contract Period (s): Month to Month
Penalties, (if any), for termination: None.
Payment terms: $2,500.00/month
If grant funded, list restrictions/requirements, if applicable: N/A
SUMMARY DESCRIPTION OF CONTRACT OR AGREEMENT
Is this an extension? Yes
If YES, actual expenditures in previous contract Year N/A
JUSTIFICATION FOR CONTRACT OR AGREEMENT
(Include why it is needed, consequences if not authorized or approved and time constraints, if any.)
Calor Development, Inc. (Calor) has requested to use a portion of the F.E.C. Tract as temporary parking for the
new American Airlines Arena. By executing this agreement, Calor will be able to add approximately 119 parking
spaces for patrons of the American Airlines -Arena and its retail components and the City df Miami will in turn
receive a monthly fee of Two Thousand Five Hundred Dollars ($2,500).
METHOD OF PURCHASE (If applicable)
❑ Telephone quota ❑ Single Purchase
❑ Written quotes ❑ Short -Term Contract
❑ Negotiated Purchase ❑ Term of Contract
Q Sole Source (include documeatation) ❑ Lease (Type: Office/Classroom space)
❑ Bid Waiver (include documentation) ❑ Other
❑ Formal Bid/Proposal (include bid tabulation/proposal raaking)
PREVIOUS AWARDS OF BIDS (iF APPLICABLE) CRC COMMENTS:
DIRECTOR or DESIGNEE: Date: 2 / ci
> ry, D' or of Asser?!�jxnent
Approval to use CII' Funds:Date:
w er
OVERSIGHT BOARD APPROVAL Date:
T`
J-99-966
10/26/99
C 4. J
RESOLUTION NO. v �?
-9:46 r40 .003 P.02
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE DONATION OF IMPROVEMENTS FROM
CALOR DEVELOPMENT, LTD. ("CALOR") FOR THE
CONSTRUCTION AND UTILIZATION OF A SURFACE
PARKING LOT AND THE RESTORATION OF PORTIONS
OF THE SHORELINE FOR CITY -OWNED LAND LOCATED
AT APPROXIMATELY 801 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, COMMONLY KNOWN AS THE F.E.C.
TRACT ("PROPERTY"); FURTHER PROVIDING THAT
ALL REPAIRS AND MAINTENANCE SHALL BE PROVIDED
AT THE SOLE COST AND EXPENSE OF CALOR;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A REVOCABLE LICENSE AGREEMENT
("PARKING AGREEMENT"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH CALOR FOR THE USE
OF APPROXIMATELY 56,660 SQUARE FEET OF SPACE
WITHIN SAID PROPERTY TO BE USED FOR EVENT
PARKING ON A MONTH-TO-MONTH BASIS, AT TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH
IN SAID PARKING AGREEMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A'REVOCABLE LICENSE AGREEMENT ("BOAT
SLIP AGREEMENT"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH CALOR FOR THE
INSTALLATION AND USE OF A FLOATING DOCK OF A
PORTION OF THE DEEP WATER SLIP LOCATED AT
SAID PROPERTY ON A MONTH-TO-MONTH BASIS, AT
TERMS AND CONDITIONS AS MORE PARTICULARLY SET
FORTH IN SAID BOAT SLIP AGREEMENT.
WHEREAS, the City is owner of 9.9101 acres of land,
including certain submerged lands, located immediately south of
Bicentennial Park ("Property"); and
WHEREAS, Calor Development Ltd. ("Calor") wishes to' make
certain improvements on said Property and provide, at its sole
cost and expense, all work required to install, maintain, and
nm 2 6 1999
TSL Gee 0 N0.003 P.03
repair said improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MUMI , FLORZDA :
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The donation of improvements from* Calor.
Development, Ltd., ("Calor".) for construction and utilization of
a surface parking lot and the restoration of portions of the
shoreline for City -owned land located at approximately
801 Biscayne Boulevard, Miami, Florida, commonly known as the
F.E.C. Tract ("Property"), with all repairs and maintenance to be
provided at the sole cost and expense of Calor, is hereby
accepted.
Section 3. The City Manager is hereby authorized -V to
negotiate and execute .a Revocable License Agreement ("Parking
Agreement"), in a form acceptable to the City Attorney, with
Calor Development, Ltd. ("Calor") for the use'of approximately
56,660 'square feet of space within said Property to be used for
event parking 'on a month•.to-month basis, at terms and conditions
The herein authorisation is further subject: to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City charter and Code
provisions.
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as more particularly set forth in said Parking Agreement.
section 4. The City Manager is hereby authorized'al to
negotiate and execute a Revocable License Agreement ("Boat Slip
Agreement"), in a form acceptable to the City Attorney, with
Calor for the installation and use of a floating dock of a
portion of the deep. water slip located at said Property on a
month-to-month basis, at terms and conditions as more
particularly set forth in said Bout Slip Agreement.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.v
PASSED AND ADOPTED this ?_6 .h day of o _tuber 1999.
JOE CAROLLO, MAYOR
in accordance with NQarmi Code Sao. 2.36. since the Mayor d5d not hftats approval of
this legislation by signing it In the designated place r.:-:
becomes effective wish the elapso c! tzii (w) dk-sr1c.
n i;w dais ai C=r1rr..s-11.11
regarding same, without the Mayes exe sing
ATTEST:
Wait® J a . City Cie*
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if the Mayor does not sign this Resolucion, it shall become
effective at the end of ten calendar days from the data it was
passed and adopted. if the Mayor vetoes this Reaolution, it
shall becomt effective immediately upon override of the veto by
the City Commiazion.
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
CALOR DEVELOPMENT, LTD.
FOR THE OCCUPANCY OF THE PROPERTY LOCATED
NORTH OF N.W. 8'H STREET AND
EAST OF BISCAYNE BOULEVARD
MIAMI, FLORIDA
(Parking Facilities)
'- 514
1. Purpose.
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2. Occupancy And Use Period.
2
3. Limitations on Licensee's Use of the Area.
2
4. Licensee's Use Of The Access Road
3
5. Interest Conferred By This Agreement.
3
6. Use Fee.
4
7. Additional Consideration.
4
8. Late Fee.
4
-9. Returned Check Fee.
5
10. Security Deposit.
5
11. Increase Of Security.
6
12. Adjustment To Monthly Fee, Late Fee And Security.
6
13. Utilities.
7
14. Condition Of The Area.
7
15. Construction of Parking Facility/Compliance With All
Applicable Regulations.
7
16. Violations, Liens And Security Interests.
8
17. City Access To Facility.
9
18. Indemnification And Hold Harmless.
10
_ 19. Insurance.
10
20. No Liability.
12
21. Taxes and Fees.
13
22. Cancellation By Request Of Either Of The Parties Without Cause.
13
23. Termination By City Manager For Cause.
13
24. Notices.,
14
.25. Advertising,
14
26. Ownership Of Improvements.
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27. Surrender Of Area.
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28. Default by Licensee.
16
29. Severability.
16
30. No Assignment Or Transfer.
17
31. Nondiscrimination.
17
32. Affirmative Action.
17
33. Minority/Women Business Utilization.
17
34. Waiver of Jury Trial..
18
35. Waiver.
18 :.
36. Amendments And Modifications.
18
37. Court Costs And Attorney(s)' Fees.
19
38. Compliance With All Laws Applicable.
19
39. Entire Agreement.
19
40. Approval By The Oversight Board.
20
Exhibit A "The Area"
Exhibit B "The Parking Facility"
Exhibit C "The Access Road"
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REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement (the "Agreement") is made this d�Z ay of Uyu-
1999, between the City of Miami (the "City") a municipal corporation of the State of Florida and
Calor Development, Ltd., an organization incorporated under the laws of the State of Florida (the
"Licensee").
WHEREAS, in order to carry out the intent as expressed herein and in consideration of
the mutual agreements subsequently contained, City and Licensee agree as follows:
1. Purpose.
The City owns or controls approximately 9.91 acres of real property located North of
N.W. 8t' Street and East of Biscayne Boulevard, Miami, Florida 33132 (the "Property"). The
City has determined that approximately 56,660 square feet of space within the Property (the
"Area") as depicted in Exhibit "A" attached hereto and made a part hereof, is not needed at this
time by any of the City's offices or departments. The Licensee wishes to use the Area to
construct and operate a Parking Facility to be used by Licensee only for events at the American
Airlines Arena The City is willing to assist the Licensee in accomplishing its purpose and in
furtherance thereof authorizes the Licensee to occupy and use the Area for the Permitted Use, as
hereinafter defined, under the conditions hereinafter set forth. The use of the Area is strictly
limited to the construction and operation of a parking facility , as depicted in Exhibit `B"
attached hereto and made a part hereof (the "Parking Facility"), and its use by Licensee is strictly
limited to events at the American Airlines Arena and is not to be used for any other purpose
whatsoever (the "Permitted Use"). Any use of the Area not authorized hereunder or under the
Permitted Use must receive the written consent of the City Manager, which consent may be
withheld or conditioned for any or no reason, including, but not limited to additional financial
consideration.
In the event that the City transfers ownership of the Area or portion thereof to the State of
Florida (hereinafter the "State"). the City and State will enter into a lease agreement (hereinafter
the. "Lease') whereby License's use of the Area will continue uninterrupted. Licensee hereby
agrees to comply with all underlying conditions of the Lease.
The eastern property'line of the Area directly abuts a deep water slip, which is also owned
by the City.. It. is understood by the parties to this Agreement that, in order to safely utilize the
.Area for the Permitted Use, it will be necessary to repair the broken slabs of concrete along the
eastern property line (western edge of the deep water slip) (the "Restoration Work"). The
Restoration Work shall include the installation of rip rap.along the edge of the deep water slip as
well as cleaning out all of the debris which has collected in the slip adjacent to the Area. The
Restoration Work is estimated to cost $545,636. Licensee has agreed to perform the Restoration
Work, at its sole cost and expense, as a voluntary contribution to the City.
2. Occupancy And Use Period.
This Agreement shall commence as of the date upon which the City Manager executes
this Agreement (the "Effective Date") and shall continue on a month to month basis until the first
to occur of the following:
(a) cancellation or termination by the express written agreement of the parties hereto; or
(b) cancellation or termination by request of any of the parties hereto, subject to the
notice provisions of "Cancellation By Request Of Either Of The Parties Without Cause"
and "Termination By City Manager For Cause."
3. Limitations on Licensee's Use of the Area
Licensee's hours of operations within the Area shall be restricted to Special Events,
as hereinafter defined, along with three hours prior and _ three hours after the Special. Event.
Special Events shall mean an event which is taking ,place within the American Airlines Arena,
inclusive, but not limited to NBA and WNBA events, concerts and graduations.
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4.. Licensee's Use Of The Access Road
Licensee is hereby authorized to use, for pedestrian and vehicular access, egress and
ingress to the Area, the existing access road located on the Property adjacent to the northern line
of the Area, as such roadway is depicted in Exhibit "C" attached hereto and made part hereof (the
"Access Road"). The use of the Access Road is strictly limited to pedestrian and vehicular
access to the Area and the Parking Facility. Any use of the Access Road not authorized
hereunder must receive the written consent of the City Manager, which consent may be withheld
or conditioned for any or no reason, including, but not limited to additional financial
consideration.
The City reserves the right upon providing Licensee a minimum of thirty (34) IV
notice as stipulated under "Notices". to cancel Licensee's right to utilize the Access Road and
require Licensee to provide an alternative access to the Area, at Licensee's sole cost and expense.
In the event the City cancels the use of the Access Road, all other terms and conditions will
remain in full force and effect.
If the Licensor requires the relocation of the existing fence which encloses the
adjacent park immediately to the North of the Area, such work shall be done at Licensee's sole
cost and expense, in compliance with all Governmental Regulations, as defined in "Construction
of Parking Facility/Compliance with All Applicable Regulations", and shall be performed to the
satisfaction of the City.
5. Interest Conferred By This Agreement.
Licensee agrees that, this Agreement has been issued by the City to authorize Licensee to
occupy the Area solely for the limited purpose of the Permitted Use and no other purpose. The
parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights
of Licensee hereunder are not those of a tenant but is a mere personal privilege to do certain acts
of a temporary character and to otherwise use the Area subject to the terms of this Agreement.
No leasehold interest in the Area is conferred upon Licensee under the provisions hereof and
Licensee does not and shall not claim at any time any leasehold estate or ownership interest in
the Area by virtue of this Agreement or its use of the Area hereunder. Additionally. 1._icensee
does not and shall not claim at any time any interest or estate ol'any kind or extent whatsoever in
the Area by virtue of any expenditure of funds by the Licensee for improvements, construction,
repairs, partitions or alterations to the Area which may be authorized by the City..
-6. Use Fee.
In consideration for.this Agreement, Licensee agrees to pay to the Cityor the use of the
Area a monthly fee !in the amount of Two Thousand Five Hundred Dollars ($2,500.00), plus
State Use Tax, if applicable, which shall be paid in advance and in full on the first day of each
month, without notice or demand (the "Monthly Fee"). Payments shall be made payable to "City
of Miami" and shall � be. mailed to Finance Department, 444 S.W. 2ad Avenue, 6'" Floor, Miami,
Florida 33130,, or such other address as may be -designated from time,to time.
In the event the Effective Date does not fall on the first day of the month, the Monthly
Fee will be prorated on a daily basis for that month.
7.. Additional. Consideration
As additional consideration for the City to enter into this agreement, the Licensee
acknowledges that the City and/or any of its representatives reserve the right to have full use of
the Area for any City sponsored event, at no charge, at any time as long as it does not conflict
with Licensee's use during Special Events.
8. Late Fee.
In the event any installment of the Monthly Fee is not received by City on or before the
fifth day of the month, Licensee shall pay to City a late charge in an amount equal to five percent
(5%) of the Monthly Fee. Such elate fee shall constitute additional fees due and payable to City
by Licensee upon the date of. payment. of the delinquent payment referenced above. Acceptance
of such late charge by City shall,. in no event, constitute a waiver of Licensee's violations with
respect to such overdue amount nor prevent City from the pursuit of any remedy to which City
may otherwise be entitled.
e;�
9. Returned Check Fee.
In the event any check is returned to the City as uncollectible, the Licensee shall pay to
City a returned check fee (the "Returned Check Fee") based on the following schedule:
Returned Amount Returned Check Fee
$00.01 - 50.00
$20.00
$50.01 - 300.00
$30.00 '
$300.01 - 800.00
$40.00
OVER $800
5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable, to City by Licensee,
upon the date of payment of the delinquent payment referenced above. Acceptance of RetuNeed
Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with respect tii
such overdue amount nor prevent City from the pursuit of any remedy to which City may
otherwise be entitled.
10. Security Deposit.
Simultaneously with the execution of this Agreement, the Licensee shall deposit with
City the sum of Seven Thousand Five Hundred Dollars ($7,500.00) (the "Security") as guarantee
for the full and faithful performance by Licensee of all obligations of Licensee under this
Agreement or in connection with this Agreement. If Licensee is in violation (as provided in
"Termination By City Manager For Cause") beyond any applicable notice or cure period, the
City may use, apply or retain all or any part of the Security for the payment of (i) any fee or other
sum of money which Licensee was obligated to pay but did not pay, (ii) any sum expended by
City on Licensee's behalf in accordance with the provisions of this Agreement, or (iii) any sum
which City may expend or be required to expend as a result of Licensee's violation. The use,
application or retention of the Security or any portion thereof by City shall not prevent City from
exercising any other right or remedy provided for under this Agreement or at law and shall not
limit any recovery to which City may be entitled otherwise. At any time or times when City has
made any such application of all or any part of the Security Deposit, the Licensee shall deposit
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the sum or sums equal to the amounts so applied by City within ten (10) days of written notice
by the City.
Provided Licensee is not in violation of this Agreement, the Security or balance thereof,
as the case may be, shall be returned to Licensee upon the termination of this Agreement or
upon any later date after which Licensee has vacated the Area in the same condition or better as
existed on the Effective Date, ordinary wear and tear excepted. Upon the retdin of the Security
(or balance thereof) to the Licensee, City shall be completely relieved of liability with respect to
the Security. Licensee shall not be entitled to receive any interest on the Security.
11. Increase Of Security.
If Licensee is in violation under this Agreement ' more than two ' (2) times within any
twelve (12) month period, irrespectively of whether or not such default is cured, then., without
limiting City's other rights and remedies provided for in this Agreement or at law or equity, the
Security shall automatically be increased by three (3) times the Security then in place. This
increase shall be paid by Licensee to City forthwith on demand.
12. Adjustment To Monthly Fee And Security.
Commencing thirty six months from the Effective Date, or on the first day of the
following month if the Effective Date is not on the first of the month (the "Adjustment Date"),
the Monthly Fee shall increase to Four Thousand Five Hundred Dollars ($4,500) and the Security
shall increase to Thirteen Thousand Five Hundred Dollars ($13,500). Licensee shall remit
payment to the. City for the increased amount in Security on the Adjustment Date.
Thereafter, commencing twelve months from the Adjustment Date, and every twelve
months thereafter (the "Anniversary. Date(s)"), Licensee agrees that the Monthly Fee and
Security shall each be, increased by five percent (5%) of the Monthly Fee and Security
respectively, in effect for the immediately preceding Agreement Year. On each Anniversary
Date the Licensee shall, remit payment to the City for the increased amount in Security. Nothing
in this paragraph shall be construed to grant 1_icensee the right to use the Arca or maintain the
Properties .for a term greater than on a month to month basis.
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13. Utilities.
Licensee shall pay for all utilities, including but not limited to, electricity, water,
stormwater fees, gas, telephone, garbage and sewage disposal used by Licensee during its
occupancy of the Area, as well as all costs for installation of any lines and equipment necessary.
Licensee, at its sole cost, shall install all utilities required for its use and install separate utility
meters required thereby and shall be billed directly by the applicable utility Company for such
services. In the event that the City is billed for any utility that is a result of Licensee's use of the
Area, the Licensee shall reimburse such amount to the City within 15 days of the date of the bill.
14. Condition Of The Area.
Licensee accepts the Area "as is", in its present condition and state of repair and without
any representation by or on behalf of City, and agrees that City shall, under no circumstances, be
liable for any latent, patent or other defects in the Area. Licensee, at its sole cost, shall maintain
the Area in good order and repair at all times and in an attractive, clean, safe and sanitary
condition and shall suffer no waste or injury thereto. Licensee shall be responsible for all repairs
to the Area required or caused by Licensee's use of part thereof.
Licensee agrees to make all changes necessary to the Area at Licensee's sole cost and
expense in order to comply with all City, County and State code requirements for Licensee's
occupancy thereof.
After completion of the construction of the Parking Facilities and the completion of the
Restoration Work, and at all times so long as this Agreement is in full force and effect, the
Licensee, at Licensee's sole cost and expense, shall undertake all routine and necessary work to
maintain, and in the event of damage or destruction, all work required to restore the Parking
Facilities and the Restoration Work in a safe and attractive manner (the "Maintenance").
15. Construction of Parking Facility/Compliance with All Applicable Regulations
Licensee; at its sole cost and expense, shall perform the Restoration Work and design and
construct the; Parking Facility in the Area as detailed in Exhibit 13. The Restoration Work and the
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Parking Facility shall be designed, constructed and operated in accordance with all statutes, laws,
ordinances and regulations of the State of Florida, Miami -Dade County, City of Miami and any,
other agency that may have jurisdiction over the'Area as they presently exist and as they may be
amended hereafter (the "Governmental Regulations"). Licensee hereby agrees to. pay. for and
obtain all permits and licenses required by the ..Governmental Regulations, including but not
limited to a Class II. The design, and the plans and specifications of the Restbration Work and
the Parking Facility shall . be subject to the .approval of the -Director of Asset Management
(hereinafter the "Director") The Restoration Work and the Parking Facility shall be completed
within 120 days from the Effective Date. Issuance:of a Certificate of Occupancy for the Area.
shall serve as evidence that the construction. of the Parking Facility has been completed.
Any repair, alteration, addition, deletion, partition or change to the Area after the. Parking
Facility has been constructed (hereinafter the "Alterations") shall be subject to.,the approval. of
the Director, which may be granted, withheld or conditioned, in the,Director's sole discretion.
The Licensee will be in' default of this Agreement, and this. Agreement can be terminated
upon the City's election, if any Alteration is made without,first receiving consent from the City.
The Area is zoned Parks, Recreation and Open Space, which permits uses and, structures
which are customarily incidental and subordinate to the permitted principle uses in the district.
The Parking Facility will be utilized in conjunction with the American Airlines Arena, therefore,
the use of the Parking Facility is permissible by ,Class II Special Permit and upon approval of the
Class II Special Permit, Licensee can use the Area as stipulated under the Permitted Use.
Licensee agrees that no plans for the Parking Facility shall be submitted to the City for the'
issuance of a Class II Special Permit, without such plans first receiving the written approval of
the Director. Upon the issuance of.a Class II Special Permit and the building permit, Licensee
shall construct the Parking Facility in compliance with the approved plans.
16. Violations, Liens And. Security. Interests.
Licensee, at its expense and.with due diligence and dispatch, shall secure the cancellation.
off same in the manner. permitted by law, all notices of violations arising
or discharge of or bond o
from or otherwise .in connection with Licensee's improvements or operations in the Area which
. S
shall be issued by any public authority having or asserting jurisdiction. Licensee shall promptly
pay its contractors and materialsmen for all work and labor done at Licensee's request. Should
any such lien be asserted or filed, regardless of the validity of said liens or claims, Licensee shall
bond against or discharge the same within fifteen (15) calendar days of Licensee's receipt of
notice of the filing of said encumbrance. In the event Licensee fails to remove or bond against
said lien by paying the full amount claimed, Licensee shall pay the City dpon demand any
amount paid out by City, including City's costs, expenses and reasonable attorneys' fees.
Licensee further agrees to hold City harmless from and to indemnify the City against any and all
claims, demands and expenses, including reasonable attorney's fees, by reason of any claims of
any contractor, subcontractor, materialman, laborer or any other third person with whK
Licensee has contracted or otherwise is found liable for, in respect to the Area. Nothing`
contained in this Agreement shall be deemed, construed or interpreted to imply any consent or
agreement on the part of City to subject the City's interest or estate to any liability under any
mechanic's or other lien asserted by any contractor, subcontractor, materialsman or supplier
thereof against any part of the Area or any of the improvements thereon and each such contract
shall provide that the contractor must insert a statement in any subcontract or purchase order that
the contractor's contract so provides for waiver of lien and that the subcontractor, materialman
and supplier agree to be bound by such provision.
17. City Access To Facility.
City and its authorized representative(s) shall have at all times access to the Area. City
will retain a complete set of keys to the Area. Licensee, at its sole cost and expense, may
duplicate or change key locks to the Area but not until first receiving written approval from the
Director for such work. In the event Licensee changes key locks as approved by the Director,
Licensee, at its sole cost and expense, must also provide to City a copy or copies of said keys, if
more than one copy is required.
"The City shall have access to and entry into the Area at any time to (a) inspect the Area,
(b) to perform any obligations of Licensee hereunder which Licensee has failed to perform after
written notice thereof to Licensee. licensee not having cured such matter within ten (1 U) days of
such notice, (c) to assure Licensee's compliance with the terms and provisions of this Agreement
and all :applicable laws, ordinances, rules and regulations, (d) to show the Area, to prospective
purchasers or tenants, and (e) for other purposes. as may be deemed necessary by the City
Manager in the furtherance of the City's corporate purpose; provided, however, that City shall
make a diligent effort to provide at least 24 -hours advance notice and Licensee shall have the
right to have one or more of its representatives or employees present during the time of any such
entry. The City shall not be liable for any loss, cost or damage to the Licensee by reason of the
exercise by the City of the right of entry described herein for the purposes listed above. The
making of periodic inspection or the failure to do so shall not operate to impose upon City any
liability of any kind whatsoever nor relieve the Licensee of any responsibility, obligations or
liability assumed under this Agreement.
Indemnification And Hold harmless.
The Licensee shall indemnify, hold harmless and defend the City and the State from and
against any and all claims, suits, actions, damages or causes of action of whatever nature arising
during the period of this Agreement, for any personal injury, loss of life or damage to property
sustained in or.on the Area, by reason of or as a result of Licensee's use or operations thereon,
and from and against any orders, judgments or decrees which may be entered thereon, and from
and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of
any such claims and the investigation thereof; even if the claims, costs, liabilities, suits, actions,
damages or causes'of action arise from the. negligence or -alleged negligence of the City or the
State, including any of its employees, agents, or officials.
19. insurance.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times
throughout the period of this Agreement, the following insurance coverage: .
A. Commercial General liability insurance on a Comprehensive General liability
coverage form, or its equivalent, including premises, operations and contractual coverage's
against all claims, demands or actions for bodily injury, personal injury, death or property
damage occurring in or about the Area with such limits as may be reasonably requested by the
City from time to time but not less than $1,000,000 per occurrence, combined single limit for
bodily injury and property damage. The City and the State shall be named as Additional Insured
on the policy or policies of insurance and the Area shall be added as a scheduled premise to the
policy or polices.
B. Automobile liability insurance covering all owned, non -owned and hired vehicles :
used in conjunction with operations covered by this agreement. The policy or policies of
insurance shall contain a combined single limit of at least $500,000 for bodily injury and
property damage. The requirements of this provision will be waived upon submission of a
written statement from Licensee that no automobiles are used to conduct business.
C. Worker's Compensation in the form and amounts required by State law.
D. The City of Miami, Department of Risk Management, reserves the right to
reasonably amend the insurance requirements by the issuance of a notice in writing to Licensee.
The Licensee shall provide any other insurance or security reasonably required by the City.
E. The policy or policies of insurance required shall be so written that the policy or
policies may not be canceled or materially changed without thirty (30) days advance written
notice to the City. Said notice should be delivered to the City of Miami, Department of Risk
Management, 444 SW 2 Avenue, 9" Floor, Miami, Florida 33130, with copy to City of Miami,
Office of Asset Management, 444 SW 2 Avenue, 3" Floor, Miami, Florida 33130, or such other
address that may be designated from time to time.
F. A current Evidence and Policy of Insurance evidencing the aforesaid required
insurance coverage shall be supplied to the Office of Asset Management at the commencement
1.1 J4
of the term of this Agreement and a new Evidence and Policy, shall be supplied at least twenty.
(20) days prior to the expiration of each such policy. Insurance policies required above shall be
issued by companies authorized to do business under the laws of the State of Florida, with the
following qualifications as to management and financial' strength: the company should be rated
"A" as to management, and no less than class "X" -as to financial strength, in accordance with the
latest edition. of Best's Key Rating Guide, or the company holds a valid Flofida Certificate of
Authority issued by the State of Florida,, Department of Insurance, and is a member of the Florida
Guarantee Fund. Receipt of any documentation of insurance by the City or by any of its
representatives which indicates less coverage than required does not constitute a waiver of the
Licensee's obligation to fulfill the insurance requirements herein.
In the event. Licensee shall fail to procure and place such insurance, the City may, but
shall not be obligated to, procure and place same, in which event the amount of the premium paid
shall be paid by Licensee to the City.as an additional fee upon demand and shall in each instance
be collectible on the first day of the month or any . subsequent month following the date of
payment by the City. Licensee's failure to procure insurance shall in no way release Licensee
from its obligations and responsibilities as provided herein..
20. No Liability..
In no event shall the City be liable or responsible for injury, loss or damage to the
property, improvements, fixtures and/or equipment belonging to or rented by Licensee, its
officers, agents, employees, invitees or patrons .occurring in or about the Area that may be
stolen, destroyed, or -in any way damaged, including, without limitation, fire, flood, steam,
electricity, gas, water, rain, vandalism or theft which.may leak or flow 'from or into any part of
the Area, or from the breakage, leakage, obstruction, or other defects of the pipes sprinklers,
wires, appliances,. plumbing, air conditioning or lighting fixtures of the Area, or from hurricane
or any act of God or any act of negligence of any user of the facilities or occupants of the Area
or any person whomsoever whether such damage or injury results from conditions arising, upon
the Area or upon other, portions of the Property or from other sources. Licensee indemnifies the
City its officers, agents and .employees from and against an%, and all such claims even it the
claims, costs, liabilities, suits, actions, damages or causes of action arise from the negligence or
alleged negligence of the City, including any of its employees, agents, or officials.
Licensee further acknowledges that as lawful consideration for being granted the right
to utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees and
employees, does hereby release from any legal liability the City, its officers, agents and
employees, from any and all claims for injury, death or property damage resulting from
Licensee's use of the Area
21. Taxes and Fees.
Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment, any
and all charges, fees, taxes or assessments levied against the Area, or against any occupancy
interest or personal property of any kind, owned by or placed in, upon or about the Area by
Licensee, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In
the event Licensee appeals a tax or fee, Licensee shall immediately notify City of its intention to
appeal said tax or fee and shall furnish and keep in effect a surety bond of a responsible and
substantial surety company reasonably acceptable to City or other security reasonably
satisfactory to City in an amount sufficient to pay one hundred percent of the contested tax with
all interest on it and costs and expenses, including reasonable attorneys' fees, to be incurred in
connection with it.
22. Cancellation By Request Of Either Of The Parties Without Cause.
Either party may cancel this Agreement at any time with thirty (30) days written notice to
the non -canceling party prior to the effective date of the cancellation (the "Notice Period").
23. Termination By City Manager For Cause.
If. at the sole and complete discretion of the City, Licensee in any manner violates the
restrictions and conditions of this Agreement, then, and in the event. atter ten (10) days written
13 P.
V 0
notice given to Licensee by the City Manager within which to cease such violation or correct
such deficiencies, and upon failure of Licensee to do so aftersuch written notice within said ten
(10) -day period, this Agreement shall be automatically canceled without the need for further
action by the City.
24. Notices.
All „notices or other communications which may be given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered by personal service or by
certified mail addressed to City and Licensee at the address indicated herein or as the same may
be changed from time to time. Such notice shall be deemed given- on ,the day on which
personally served; or if by certified mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier:
CITY OF MIAMI LICENSEE
City of Miami Eric Woolworth, Esq.
Office of the City Manager Calor Development, Ltd.
444 SW 2 Avenue, 10" Floor One S.E. Third Avenue, Suite 2300
Miami, FL 33130 Miami, FL 33131
WITH A COPYTO WITH A COPY TO
City of Miami _ Judith.A. Burke,.Esq.
Office of Asset Management Shutts & Bowen, L.L.P.
444 SW 2 Avenue, Suite 325 201 South Biscayne Boulevard
Miami, FL 33130, Miami, FL 33131
f
25. Advertising.
Licensee shall not permit any.signs or advertising matter to be placed either in the interior
or upon the exterior of ;he Area without having first obtained the approval of the 'Director or his
designee, which approval may be withheld for any or no reason, at his sole discretion. Licensee
shall, at its sole cost and expense, install, provide, maintain such sign, decoration, advertising
matter or other things as may -be permitted hereunder ill good condition and, repair at all times.
Licensee must further obtain approval from all governmental authorities having jurisdiction, and
4
must comply with all applicable requirements set forth in the City of Miami Code and Zoning
Ordinance. Upon the cancellation of this Agreement, Licensee shall, at its sole cost and expense,
remove any sign, decoration, advertising matter or other thing permitted hereunder from the
Area. If any part of the Area is in any way damaged by the removal of such items, said damage
shall be repaired by Licensee at its sole cost and expense. Should Licensee fail to repair any
damage caused to the Area within ten (10) days after receipt of written notice from City directing
the required repairs, City shall cause the Area to be repaired at the sole cost and expense of
Licensee. Licensee shall pay City the full cost of such repairs within five (5) days of receipt of
an invoice indicating the cost of such required repairs.
Licensee hereby understands and agrees that the City may, at its sole discretion, erector
place upon the Area an appropriate sign indicating City's having issued this Agreement.
26. Ownership Of Improvements.
As of the Effective Date and throughout the Use Period, all buildings and improvements
thereon in the Area shall be vested in City. Furthermore, title to the Parking Facility and all
Alterations made in or to the Area, whether or not by or at the expense of Licensee, shall, unless
otherwise provided by written agreement, immediately upon their completion become the
property of the City and shall remain and be surrendered with the Area.
27. Surrender Of Area.
In either event of cancellation pursuant to "Cancellation By Request Of Either Of The
Parties Without Cause" or "Termination By City Manager For Cause", at the expiration of the
Notice Period, Licensee shaII peacefully surrender the Area broom clean and in good condition
and repair together with all alterations, fixtures, installation, additions and improvements which
may have been made in or attached on or to the Area. Upon surrender, Licensee shall promptly
remove all its personal property. trade fixtures and equipment and Licensee shall repair any
damage to the Area caused thereby. Should Licensee fail to repair any damage caused to the
Area within ten (10) days atter receipt of written notice from City directing, the required repairs.
l 5 k a .4
City shall, cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall.
pay City the ,full cost, of such repairs within ten (10) days of receipt of an invoice indicating the
cost of such required repairs. At the City's option, City may require Licensee, at Licensee's sole
cost and expense, to restore the Area so that the Area shall be as it was on the Effective Date.
In the event Licensee fails to remove its personal property, equipment and fixtures from
the Area .within the time limit set by.,the notice, said property shall be' deemed abandoned and
thereupon -shall become the sole personal property of the City. The City, at its sole discretion
'and without liability, may remove and/or dispose of same as City sees fit, all at Licensee's sole
cost and expense.
28. Default by Licensee.
In the event Licensee is in default of the terms of this Agreement the City shall have all
remedies available to. it by law or in equity. In the event that Licensee fails to peacefully
surrender the Area at the expiration of.the Notice .Period provided -in "Cancellation By Request
Of Either Uf ' The Parties Without Cause " or as provided in "Termination By City Manager For
Cause ", after delivery of a notice of cancellation' of the Agreement by the City (the "City.
Notice"), then the City shall, in addition to all other remedies,, be entitled to collect from the
Licensee and Licensee shall pay to the City, a per diem fee of One Thousand Dollars and
NO/100 ($1,000.00) for each day, that Licensee . ,remains in, the Area in violation of this
Agreement (the "Per diem Fee"). Acceptance of the Per diem Fee by City shall, in no event,
constitute a waiver of the City's rights under this Agreement and shall not prevent the City from
pursuing all other remedies to ' which is entitled including but not limited to the right .to seek
injunctive relief to eject Licensee from the Area.
29. Severabilitv.
Should any previsions, .paragraphs, sentences, words or phrases .contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unlawful under the laws (W the 'State of .l1orida or the City, such provisions; 'paragraphs.
h ..
�4
0
sentences, words or phrases shall be deemed modified to the extent necessary in order to conform
with such laws, and the same may be deemed severable by the City, and in such event, the
remaining terms and conditions of this Agreement shall remain unmodified and in full force and
effect.
30. No Assignment Or Transfer.
Licensee cannot assign or transfer its privilege of occupancy and use granted unto it by
this Agreement.
31. Nondiscrimination.
Licensee shall not discriminate as to race, color, religion, sex, national origin, age,
disability or marital status in connection with its occupancy and use of the Area and
improvements thereon.
32. Affirmative Action.
Licensee shall have in place 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, Licensee shall submit a Statement of Assurance indicating that their
operation is in compliance with all relevant Civil Rights laws and regulations.
33. Minorih,/Women Business Utilization.
Licensee shall make every good faith effort to purchase/contract fifty-one percent (51%)
OI' its annual goods and services requirements from hispanic. Black and Women
businesses/professionals registered/certified . withthe City Office of Minority/Women Business
Affairs. Such lists will be made available to the Licensee at the time of the issuance of the
Agreement by the City and updates will be routinely provided by the City's Office of
Minority/Women Business Affairs
34. Waiver Of Jury Trial.
The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on
this Agreement, or arising out of, under or in connection with this Agreement or any amendrV .
or modification of this Agreement, or any other agreement executed by and between the parties
in connection with this Agreement, or any course of conduct, course of. dealing, statements
(whether verbal or written) or actions of any party hereto. This waiver, of jury trial provision is a
material inducement for the City and Licensee entering into the subject transaction.
35. Waiver.
No failure on the part of the City to enforce or insist upon performance of any of the -
terms of this Agreement, nor any waiver of any right hereunder by the City, unless in writing,
shall be' construed as a waiver of any other term oras a waiver of any future right to enforce or
r
insist upon the performance; -of the same term.
36. Amendments And Modifications.
No amendments or modifications to .this Agreement shall: be binding on either party
unless in writing, signed by both parties and approved by the City Manager. The City Manager
is authorized to amend or modify this Agreement as needed.
�� a14
37. Court Costs And Attorney(s)° Fees.
In the event it becomes necessary for the City to institute legal proceedings to enforce or
interpret the provisions of this Agreement, Licensee shall pay the City's court costs and
attorney's fees through all trial and appellate levels. Licensee acknowledges that Florida law
provides for mutuality of attorney's fees as a remedy in contract cases and specifically and
irrevocable waives its right to collect attorney's fees from the City under applicable laws,
including specifically, but not limited to Section 57.105, Florida Statutes. It is the express intent
of the Parties hereto that in no event will the City be required to pay Licensee's attorney's fees
and court costs for any action arising out of this Agreement. In the event that Licensee's waiver
under this section is found to be invalid then Licensee agrees that the City's liability or
Licensee's attorney's fees and court costs shall not exceed the sum of $100.00. In the event that
the waiver and limitations contained herein are found to be invalid, or are otherwise not upheld,
then the provisions of this Section shall become null and void and each party shall be responsible
for its own attorney's fees and costs.
38. Compliance With All La"vs Applicable.
Licensee accepts this Agreement and hereby acknowledges that Licensee's strict
compliance with all applicable federal, state and local laws, ordinances and regulations is a
condition of this Agreement, and Licensee shall comply therewith as the same presently exist and
as they may be amended hereafter. This Agreement shall be construed and enforced according to
the laws of the State of Florida.
39. Entire Agreement.
This instrument and its attachments constitute the sole and only agreement of the parties
hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date.
Any prior agreements. promises. negotiations or representations not expressly set forth in this
Agreement are of no force or effect.
This Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties, and the parties covenant that this
Agreement shall not be construed in favor of or against either of the parties.
40. Approval By The Oversight Board.
. 1
The State of Florida has' appointed an Emergency Financial Oversight Board (the
"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'.. Attestation of this Agreement by the City Clerk s%ll
v.
constitute evidence of approval. by the Oversight Board.
IN WITNESS WHEREOF;'the parties hereto have executed this Agreement of the day and year
first above written. .
LICENSOR
ATTEST:, CITY OF MLA4, a municipal corporation
of the State Loforida
By: t" • By:.
alter F an. D arshaw.... .
City.Clerk City Manager '
t
APPROVED AS TO INSURANCE APPROVED AS F
REQUIRE CORREC
B � � B
y. y
Mario Soldevilla Alejan V' to
Division of Risk Management City A y
20
I
LICENSEE:
WITNESS: CALOR DEVELOPMENT, INC., a
Florida corporation, general partner
of CALOR DEVELOPMENT, LTD., a
Florida limited partnership
By: By: /J.
/A�
Signature Signature
OMW
Print Name
21
LEGAL DESCRIPTION
PARKING LOT
A tract of land, some of which is submerged, in section 37, Township 53, Range 42 East,
said tract of land lying, situate and being in the City of Miami, Dade County, Florida, and
being more particularly described as follows:
Beginning at the point of intersection of the Easterly Right-of-way line of Biscayne
Boulevard with a line with a line lying 6.25 feet North of and parallel with the Easterly
prolongation of the North right of way line of N.E. 8'h street as shown on the plat of
"Maritime Arena", according to the plat thereof recorded in Plat Book 154 at page 37 of
the Public Records of Dade County, Florida; thence run South 890 5T 43" East along said
line lying 6.25 feet North of and parallel with the Easterly prolongation of the North
Right -of way4ine of N.E. 8m street, a distance of 503.32 feet to a point; thence run North.
00 02' 17" East for a distance of 57.00 feet to a point in a Deep Water Slip; thence run . '.
North 89° 57 43" West for a distance of 305.81 feet to the beginning of a 535.40 foot
radius non -tangent curve whose center bears North 67° 49' 43" East; thence run
northwesterly along, said curve through a central angle of 28* 35' 05" a distance of 267.11
feet to the point of intersection with the Easterly prolongation of N.E. 9* street centerline,.
said centerline also being the Southerly boundary of the "New World Center Bicentennial
Park" subdivision, as recorded in Plat Book 140 at page 50 of the Public Records of Dade
County, Florida; thence run North 89° 5T 43" West along the said Easterly prolongation
of N.E. 9`h street centerline, for a distance of 160.90 feet to the point of intersection with
the said Easterly Right-of-way line of Biscayne Boulevard; thence run South 0° 04' 29"
West along the said Easterly Right of way line of Biscayne Boulevard for a distance of
318.83 feet to the point of Beginning, containing 72, 674.23 ± square feet or 1.668 acres
more or less; together with all riparian rights appertaining thereto.
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Capital Costs ATTACHMENT 3
Preliminary Estimate of Capital Coats
Waterfont Rehabalitation Plan
September 29, 1999
Surface Parking Lot Capital Improvements
Shoreline Rip -Rap Stabilization of West End of Slip
Mobilization to site
Remove 350 linear feet of damaged sheet pile wall and debris.:.
Transport and dispose of damaged materials in a legal dump
Clean up 300 linear feet of old seawall debris from west end of site
Transport and dispose of damaged materials in a legal dump
Fumish 2,925 tons of 1-3' rip -rap boulders
install rip -rap
Fumish 1,900 square yards of Gotex filter fabric
Install Gotex filter to mitigate back -fill erosion
Area
94,650
44,400
81,720
38,250
80,438
46,800
5,168
10.850
Sitework Preparation
5,000
Asphalt
73,125
Drainage System
25,000
Lighting
12,500
Landscaping
9,375
Subtotal
125,000
TOTAL Surface Parking Lot Capital Costs
545,636
a C
Assisted Park Projections
Preliminary Estimate of Capital Costs
Waterfont Rehabalitation Plan
September 28, 1999
Projected Revenues
Total site area
56,660
Total paved area
45,705
Number of Spaces
119
Number of Events
124
Average Parking Fee,' $
17.41
Percentage Occupancy
95%
Revenue
$244,021
Less Sales Tax and -Parking Surcharge
53,081
NET REVENUE
$190,939
' Based on'$2W event for concerts and NBA, and $151event
for all other events, based on 135 t
Projected Expenses
Labor Statistics Cashiers
Runn6 s'
Number of Employees 2
6
Hours/Event 6
6
Hourly Rate. $ 6.00 .$__
4.25
Payroll
27;900
Payroll Taxes
2,508
Workers Compensation
2,006
Profit Sharing
698
Group Insurance
21,240
Management Fee
5,009
Supplies
2,400
Repairs S Maintenance
1,200
Liability Insurance
41000
Licenses
500
Uniforms
100
Professional Services
900
TOTAL
$68,460
Net Operating Income Projection
$122,479
•
CALOR DEVELOPMENT PARKING
Annual Growth Rate
Revenues*
Oper Exp
NOI before fee to City
City Fee
NOI after City fee
City Fee as % of NOI
City Fee as % of Gross
1;1;7
3%
ATTACHMENT 4
Yr 1
Yr 2
Yr 3
Yr 4
Yr 5
$ 190,939
196,667
202,567
208,644
214,904
$ 68,460
70,514
72,629
74,808
77,052
$ 122,479
$ 126,153
$ 129,938
$ 133,836
$ 137,851
$ 30,000
30,000
30,000
54,000
54,000
$ 92,479
$ 96,153
$ 99,938
$ 79,836
$ 83,851
24%
24%
23%
40%
39%
16%
15%
15%
26%
25%
Initial Investment
$ (545,636)
$
(528,000)
2000
$
92,479
$
92,479
2001
$
96,153
$
96,153
2002
$
99,938
-$
99,938
2003
$
79,836
$
79,836
Jan -Jun, 2004
$
41,926
$
41,926
-10%
-9%
* Revenues and expenses based on proforma prepared by Calor Development
The Parking Network, Inc.
2650 Biscayne Boulevard . Miami, FL 33137 T1
June 8, 2000
Marva Wiley
Special Assistant to the City Manager
City of Miami
Office of the City Manager
10`x' Floor Miami Riverside Center
444 SW Second Avenue
Miami, FL 33130
Dear Marva:
yl,
ng
TNI
As you requested, I have reviewed the revenue and expense projections for the surface parking
lot proposed at Biscayne Boulevard and Eighth Street. While these projections appear to be fine
for one particular operating method, I have developed alternative projections based on different
operating methods under the same assumptions. The Net Operating Income varies considerably
depending on which style of operation is considered.
The original projections and corresponding diagram show an occupancy level of 95% with 119
spaces. This is very conservative considering the proximity to the arena and the operating
method implied by the projected operating expenses which detail two cashiers and six runners
for each event. With this level of personnel and the ideal location, 100% occupancy, or more
with stacking, should be easily attained for every event. As you can see on the attached
spreadsheet, the Net Operating Income increases by approximately $10,000 with a 100%
occupancy level and all other variables the same.
Stacking cars (easily done on a location this size with 6 "runners") results in even greater
increases. The proposed configuration of the lot allows for up to twelve cars to park behind each
of the two rows in the middle bay. This results in 24 additional cars per event and a Net
Operating Income of $173,064 with a 100% occupancy level and all other variables the same.
Many of the surface lots in this area are operated as "Attendant Lots" and fully stacked during
arena events. While the customer service level is potentially reduced, the increase in capacity
and the reduced payroll make this operating method economically attractive. As the final
spreadsheet details, the possibility for 35 additional cars exists under this operating scenario.
The personnel required could potentially be reduced to two cashiers and one runner. The
projected Net Operating Income is increased to $222,442 with a 100% occupancy level and all
other variables the same. Please check with your code enforcement department to make certain
this option complies with local regulations.
Submitted into the public
record in connec ion ith
item q] on ad
Walter Foeman
Telephone (305) 571-1951 - Facsimile (305) 571-8279 • e-mail ParkingMetwork@Bellsouth.net City Clerk
00- 514
The Parking
N etwoi-kT
June 8, 2000
Marva Wiley
Page 2
As you can see from this information, the operating style chosen will significantly affect the
resulting Net Operating Income as well as customer service and convenience. I hope this
information is helpful. Please let me know if I can be of further assistance.
Sincerely,
Fred Bredemeyer
Project Team Leader
The .Parking Network TM
Cc: Bertha Henry, Assistant City Manager
- Lori Billberry, Office of Asset Management
Submitted into the public.
record in connei n with
item �-- on M--
Walter Foernaci
�': S. -'-J a - City clerk,
Providing Parking Planning 8 Development Services 0 Management Systems 13 Human Resources 0 Auditing & Surveys
@95%
Projected Revenues
Total Site Area 55,660
Total Paved Area 45,705
Number of Spaces 119
Number of Events
124
Average Parking Fee
$17.41
Percentage Occupancy
95%
Revenue $244,021
Less Sales Tax and Parking Surcharge $53,081
NET REVENUE $190,940
Projected Expenses
Labor Statistics Cashiers Runners
Number of Employees 2 6
Hours/Event
6 6
Hourly Rate
$6 $4.25
Payroll
$27,900
Payroll Taxes
$2,508
Workers Compensation
$2,006
Profit Sharing
$698
Group Insurance
$21,240
Management Fee
$5,009
Supplies
$2,400
Repairs & Maintenance
$1,200
Liability Insurance
$4,000
Licenses
$500
Uniforms
$100
C-7� Professional Services
$900
TOTAL
$68,460
Net Operating Income Projection $122,479
l�
Original Projections
@100%
Projected Revenues
Total Site Area
Total Paved Area
Number of Spaces
Number of Events
Average Parking Fee
Percentage Occupancy
Revenue
Less Sales Tax and Parking Surcharge
NET REVENUE
Projected Expenses
Labor Statistics Cashiers
Number of Employees 2
Hours/Event R
55,660
45,705
119
1 •$17.4141
100%
$256,864
$55,875
$200,989
Runners
6
a
Hourly Rate
$6 $4.25
Payroll
$27,900
Payroll Taxes
$2,508
Workers Compensation
$2,006
Profit Sharing
$698
Group Insurance
$21,240
Management Fee
$5,009a•
m CA
Supplies
$2,400
o Cr
Repairs & Maintenance
$1,200
i2 a 3
c
Liability InsuranceCD
Licenses
$4,000
$500�=
CL
Uniforms$100
Co) —
Professional Services
$900
z =5 o
TOTAL
$68,460
m
-+
0
CD
Net Operating Income Projection
$132,529
C7 CD
Stacking 12 Cars on Each Side of Middle Bay (+24)
@95%
Projected Revenues
Total Site Area
55,660
Total Paved Area
45,705
Number of Spaces
143
Number of Events
124
Average Parking Fee
$17.41
Percentage Occupancy
95%
Revenue
$293,235
Less Sales Tax and Parking Surcharge
$63,787
NET REVENUE
$229,449
Projected Expenses
Labor Statistics
Cashiers Runners
Number of Employees
2 6
Hours/Event
6 6
Hourly Rate
$6 $4.25
Payroll
$27,900
Payroll Taxes
$2,508
Workers Compensation
$2,006
Profit Sharing
$698
Group Insurance
$21,240
Management Fee
$5,009
Supplies
$2,400
Repairs & Maintenance
$1,200
Liability Insurance
$4,000
Licenses
$500
Uniforms
$100
Professioanl Services
$900
TOTAL
$68,460
Net Operating Income Projection $160,988
@100%
Projected Revenues
Total Site Area
55,660
Total Paved Area
45,705
Number of Spaces
r 143
Number of Events
124
Average Parking Fee
$17.41 •
Percentage Occupancy
100%
Revenue
$308,669
Less Sales Tax and Parking Surcharge
$67,144
NET REVENUE
$241,525
Projected Expenses
Labor Statistics
Cashiers Runners
Number of Employees
2 6
Hours/Event
6 6
Hourly Rate
$6 $4.25
Payroll
$27,900
Payroll Taxes
$2,508
Workers Compensation
$2,006
Profit Sharing
Group Insurance
$698
$21,240
_
m c
o
Management Fee
$5,009
Q —'
Supplies
$2,400
:::::5. 0
Repairs & Maintenance -
$1,200
0 a
Liability Insurance
$4,000
o
Licenses$500
A)
= Z 0
Uniforms
$100
C-)
Professioanl Services
$900
0
CD
TOTAL$68,4600
CD
a
Net Operating Income Projection
$173,064
Stacking One Additional Row (+35) Less 5 Runners
@95%
CD
Projected Revenues
Cashiers Runners
Total Site Area
55,660
Total Paved Area
45,705
Number of Spaces
154
Number.of Events
124
Average Parking Fee
$17.41
Percentage Occupancy
95%
Revenue
$315,792
Less Sales TMand Parking Surcharge
$68,6.9.,3
NET REVENUE
$247,099
Projected Expenses
CD
Labor Statistics
Cashiers Runners
Number of Employees
20
Hours/Event
6 6
Hourly Rate
$6 $4.25
Payroll
$12,090
Payroll Taxes
$1,087
Workers Compensation
$869
Profit Sharing
$302
Group Insurance
$9,204
Management Fee
$5,009
Supplies
$2,400
Repairs & Maintenance
$1,200
Liability Insurance
$4,000
Licenses
$500
Uniforms
$100
Professioanl Services
$900
TOTAL $37,661
t
Net Operating Income Projection $209,437
@100%
Projected Revenues
CD
Total Site Area
55,660
Total Paved Area
45,705
Number of Spaces
154
Number of Events
124
Average Parking Fee
$17.41
Percentage Occupancy
100%
Revenue
$332,413
Less Sales Tax and Parking Surcharge„
$72,309
NET REVENUE
$260,104
Projected Expenses
CD
Labor Statistics
Cashiers Runners
Number of Employees
2�
Hours/Event
6 6
Hourly Rate
$6 $4.25
Payroll
$12,090
Payroll Taxes
$1,087
Workers Compensation
$869
Profit Sharing
$302
Group Insurance
$9,204
Management Fee
$5,009
Supplies
$2,400
Repairs & Maintenance
$1,200
Liability Insurance
$4,000
Licenses
$500
Uniforms
$100
Professioanl Services
$900
TOTAL
$37,661
Net Operating Income Projection $222,442
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