Loading...
HomeMy WebLinkAboutR-97-0170J-97-187 3/20/97 0 RESOLUTION NO. (9% - 170 A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST (TRUST) TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAYFRONT VENTURES, TO OPERATE AND MANAGE A GAMING VESSEL FROM THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK DOCKS. WHEREAS, the Bayfront Park Management Trust ("Trust") is constantly exploring new sources to generate revenues; and WHEREAS, a guaranteed annual income from a gaming vessel would greatly enhance the Trust's services to the community; and WHEREAS, Bayfront Ventures has responded to a competitive Request for Proposals for the operation of a gaming vessel; and WHEREAS, Bayfront Ventures was the successful proposer; and WHEREAS, Bayfront Ventures negotiated in good faith and responded positively to requests made by the Trust; and WHEREAS, Bayfront Ventures has significant experience in gaming operations; and WHEREAS, the Trust is extremely interested in pursuing this activity; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSIOAT MEETING OF MAR 2 0 1997 Resolution No. 9'7- 170 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 Bayfront Park Management Trust ("Trust") is hereby authorized' to enter into an agreement, in a form acceptable to the City Attorney, with Bayfront Ventures for the purpose of operating and managing a gaming vessel from the Mildred and Claude Pepper Bayfront Park docks. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 20th day of Marc 1997. ROLLO, MAYOR ATTEST: WALTER JK05MAN, CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W1505:csk:GMM 1 The herein authorization 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. dM L 97- 170 y MILD RE A N D C L A U D E P E P P E R. BAYi-RONT PARK M A N A G E M E N T T R .0 S .T 301 N. BISCAYNE BOULEVARD, MIAMI, FL 33132 TELEPHONE: (305) 358-7550 FAX: (305) 358.1211 Marc 11, 1997 To: Edward Marquez 43 A City Manager nA From: C mis ' ner J. L. Plummer C air n Agenda It m: March 20, City Commission Meeting Plea schedule an item on referenced City Commission meeting regarding use agreement for gaming vessel at the Bayfront Park Docks. Thank you for your immediate attention to this matter. JLP/ts cc: file 97-- 170 1 SENT til : 3-14-97 9:40 LAB' DEPT.- 305 57551524 1 / 2 J-97.187 ` 3/13107 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DAYFRONT VENTURES, TO OPERATE AND MANAGE A GAMING VESSEL FROM THE MILDRED ANU CLAUDE PEPPER SAYFRONT PARK DOCKS. WHEREAS, the Boyfront Park Management Trust ("Trust") is constantly exiAmirig new sources to generate revenues; and WHEREAS, a guaranteed annual income from a gaming vessel would greatly enhance the Trust's services to tho community; and WHEREAS, Bayfront ventures Is the proposer recommended by the Trust in response to a competitive Request for Proposals for the use of dock facilities; WHEREAS, Rayfront Ventures has significant experience in gaming operations and proposes to operate a gaming and enwrtaimnunt vessel hunt the north dock; and WHEREAS, the Trust recommends allowing Sayfront Ventures to use the north and south dock facilities in accordance with the attached agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION or THE CITY OF MIAMI, FLORIDA: 3 97- 170 L SENT BY: 3-14-07 : 2: 40 LAVA' DEPT.- 305 57551524 # 2/ 2 Section 1. The recitals and findings contained in the PrearnhiR to thiA RAI IkitiAn are huruUy adupled by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to enter into a use agreement, in substantially the attached form, with Bayfront Ventures for the purpose of operating and managing a gaming vessel from the Mildred and Claude Pepper Bayfront Park docks. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of . 1997. ATTEST: WALTER J. FOEMAN CITY. CLERK PREPARED AND APPROVED BY: G_ MIRIAM MAER - CHIEF ASSISTANT CITY ATTORNEY APPROVED AS'TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY W 1505:csk:GMM 4 -2- ROE CAROLLO, MAYOR 97- 1'70 F M I L 0 R E I?._..,, A N 0 C L A U D E P E P P E R BAYS- R®NT PARK M A N A G E M E N T T R U S T 301 N. BISCAYNE BOULEVARD. MIAMI. FL 33132 TELEPHONE 1305)358.7550 FAX: (305) 358.1211 March 14, 1997 To: Honorable Mayor and Members of the City Commi-9_ -ion From: Ira Marc Katz". `yv Executive Director & General Manager The enclosed use -agreement, with Bayfront Ventures, is the attachment for the resolution appearing in the back-up material for discussion at the March 20, 1997, City Commission meeting. Please contact me if you require any additional information. Thank you. IMK/ts cc: Mr. Edward Marquez, City Manager A. Quinn Jones, III, Esq. City Attorney Mr. Walter Foeman, City Clerk file enc. �Lj 1 70 �71 gi- 170 Draft of 3/14/97 USE AGREEMENT USE AGREEMENT dated , 1997, between BAYFRONT PARK MANAGEMENT TRUST, a limited agency and instrumentality of the City (the "Trust"), and BAYFRONT VENTURES, d/b/a The Bayfront Princess, a Florida joint venture ("User"). The parties hereby covenant and agree to the following: l . Privilege of Entry. In consideration of the covenants and agreements hereinafter set forth, the Trust does hereby grant unto User: (a) the privilege of entry upon or into Bayfront Park (the "Park") and (b) the exclusive right to enter upon the related facilities described below and to use and occupy said facilities for the purpose of docking vessels, for the term (the "Term") provided herein. User's customers, employees and other invitees shall also be permitted to use said facilities and to have rights of ingress and egress into and out of the Park for the purpose of embarking and disembarking User's vessels. This !agreement shall be subject to the lease between the City of Miami (the "City") and the Secretary of the Army on behalf of the United States of America dated April 25, 1995, as supplemented (the "Army Lease"), #DACWW- 17-1-90-000 1, a copy of which is attached hereto as Exhibit A. The Army Lease, as supplemented by Supplemental Agreement No. 1, prohibits gambling on the vessels while the vessels are docked. The rights conferred upon User hereunder do not constitute a lease of real property, and do not create a relationship of landlord and tenant between the Trust and User. 2. Facility. The facilities which are the subject of this Agreement (the "Facility") are: the entire dock space situated in the northerly portion of the Park, as shown on the site plan (the "Site Plan") attached as Exhibit B hereto (the "North Dock"). b. the entire dock space situated in the southerly portion of the Park, as shown on the Site Plan (the "South Dock"; together with the North Dock, being collectively called the "Docks"). In addition to the Docks, the Trust shall permit User to use the portion of the Park adjacent to and lying to the west of the North Dock, and shown on the Site Plan as the "Adjacent Land". The Adjacent Land shall not extend westerly by more than such distance as the City of Miami Attorney 97- 170 L and the Trust Architect consider to be "de minimus". The parties acknowledge that an extension of 10 feet has already been determined to be "de minimus". Term. a. The initial term of this Agreement (the "Initial Term") shall be for five (5) years, commencing at 12:01 AM on the execution of this Agreement by both parties and the approval of this Agreement by (i) the U. S. Army Corps of Engineers, (ii) the Miami City Commission and (iii) the Oversight Committee established by the Governor of the State of Florida (the "Commencement Date") and terminating at 11:59 PM on the day prior to the fifth anniversary of the Commencement Date (the "Termination Date"), unless extended or earlier terminated as provided herein. The Initial Term, as so extended or earlier terminated, is herein called the "Term". Each year of the Term, commencing on the Commencement Date and on each anniversary of the Commencement Date, is herein called a "Contract Year". b. Provided that no Event of Default shall have occurred and be continuing, User shall have an option to extend the Term for one (1) additional five (5) year term (the "Extension Tenn"), provided written notice of the exercise of this option is delivered to the Trust not less than 180 days prior to the end of the term of this Agreement. C. If User shall have exercised its option for the Extension Term, and provided that no Event of Default shall have occurred and be continuing, User shall have a right of first refusal to extend the Term for one (1) additional five (5) year term beyond the Extension Term (the "Right of First Refusal Term") on the following terms and conditions: (1) The Trust shall have no obligation to enter into a use agreement for the use of the Facility for a gaming vessel beyond the Extension Term. However, if the Trust, in its sole discretion, decides to issue a use agreement for the use of the Facility for a vessel beyond the Extension Term, it shall give notice to User. (2) User shall have a right of first refusal to enter into a use agreement for the use of the Facility for a vessel for the Right of First Refusal Term, provided that, in order to exercise this right of first refusal, User's proposal must provide for aggregate fees which are at least equal to the greater of. (i) $150,000 greater than the aggregate fees proposed in the highest proposal submitted by any other proposer (the "Highest Proposal"), or (ii) fifteen percent (15%) greater than the aggregate fees proposed in the Highest Proposal. 2 L 97- 170 7 The Trust will furnish User with a copy of the Highest Proposal and User shall have a period of fifteen (15) days within which to exercise (if at all) its right of first refusal hereunder. Except for the fees, the terms of the use agreement shall be consistent with those set forth in the Highest Proposal. (3) The Trust has the abolute right to reject any and all bids. If the Trust rejects all bids, the Trust shall not be bound by the formula contained in clause (2) hereof, but in such case, the Trust shall negotiate the market value of the Facility with User in good faith with a view toward agreeing on a fair fee for the use agreement for the Right of First Refusal Term. 4. Fees: Letter of Credit. a. For the Initial Term, User shall pay the Trust fees (the "Fees") for the use of the Facility in the following annual amounts: .Contract Year Annual Fee 1 $400,000 2 $450,000 3 $450,000 4 $475,000 5 $475,000 Total $292509000 User shall pay the annual Fees in advance on the Commencement Date and on each anniversary of the Commencement Date, for the subsequent year. b. User shall furnish an irrevocable letter of credit (the "Letter of Credit"). The form of the Letter of Credit shall be reasonably acceptable to the parties, and the issuer of the Letter of Credit shall be reasonably acceptable to the Trust and the City of Miami. The Letter of Credit shall be renewed annually during the entire Initial Term and (if User exercises its extension option), during the Extension Term. The Letter of Credit shall secure the payment of an amount equal to Fees for the next two (2) Contract Years, or the Fees remaining to be paid during the remainder of the Initial Term (or, during the Extension Term, during the remainder of the Extension Term), whichever is lesser. Simultaneously with User's exercise of its Extension Option, User shall furnish a new Letter of Credit meeting the aforesaid requirements. 97-- 1'70 L C. For the Extension Term, the annual Fees shall be increased annually, effective on the first day of each Contract Year, by an amount equal to four percent (4%) of the Fees payable during the preceding Contract Year. d. In addition to the Fees, User shall pay the Trust additional fees (the "Additional Fees") in the amount of $1.00 per passenger carried from the North Dock (the "North Dock Passengers"), in excess of 200,000 passengers per Contract Year (excluding the "charitable cruises" as provided below). User shall furnish a statement, certified by User to be accurate and correct, within ninety (90) days following the end of each Contract Year, stating the number of North Dock Passengers carried during such Contract Year, which statement shall be accompanied by payment of the Additional Fees (if any are shown to be due). For the Extension'Term, the $1 per passenger Additional Fee shall be increased annually, effective on the first day of each Contract Year, by an amount equal to four percent (4%) of the per passenger Additional Fee payable during the preceding Contract Year. e. User shall keep full, complete and proper books, records and accounts of the number of North Dock Passengers. The Trust and its agents and employees shall have the right, during regular business hours, to examine and inspect the records of User pertaining to the number of passengers carried from the North Dock, 5. Condition of Premises, Seawall and Vessels. (a) User hereby accepts the Facility "as is" in its present condition and agrees to maintain the Facility and its vessels in a neat, clean, safe and orderly condition. (b) User shall promptly repair any damage it causes to the Facilities or to the seawall. All repairs shall be accomplished to restore the Facilities or the seawall, as the case may be, to its condition on the Commencement Date, subject to reasonable wear and tear. 6. Security Deposit. On the Commencement Date, User shall deposit the sum of One Hundred Thousand Dollars ($100,000) (the "Security Deposit"), to be held in an interest bearing account in a financial institution reasonably acceptable to the parties. All interest accruing on the Security Deposit shall be for the benefit of User. The Security Deposit shall secure only the non - monetary Events of Default. If User does not cure such Event of Default within thirty (30) days following notice to User (or, if such Event of Default involves a safety or health hazard , within 72 hours following notice to User, or if it poses a threat to life or limb, within 24 hours following notice to User), the Trust shall have the right to apply such portion of the Security Deposit as is necessary to cure any non -monetary Event of Default. In the event the Trust does apply funds from the Security Deposit, the Trust shall utilize such funds to remedy such Event of Default. User shall replenish the Security Deposit to its original amount within thirty (30) days following notice of such drawdown. The Security Deposit shall remain on deposit during the Initial Term and, if exercised, during the Extension Term. Upon termination of this Agreement, User shall be entitled to receive a refund of any portion of the Security Deposit not applied pursuant to this Agreement. M Is 9'7- 170 Default Provision. Default - The following events are hereby defined as "Events of Default"; a. Failure - Payment of Money. Failure of User to pay any Fees or Additional Fees or other amounts due hereunder when due, and the continuance of such failure for a period of twenty-five (25) days after notice thereof in writing. In the event any annual payment of Fees is not paid to the Trust within fifteen (15) days following the Anniversary Date, User covenants and agrees to pay to the Trust interest on the amount thereof from the date such payment became due and payable to the date of payment thereof, at the rate of ten percent (10%) per annum (the "Default Rate"). b. Failure - Performance of Other Covenants, etc. Failure of User to perform any of the other covenants, conditions and agreements which are to be performed by User in this Agreement, and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from the Trust to User, provided that if such default cannot be cured within such thirty (30) day period as a result of "force majeure", no Event of Default shall occur so long as User shall have commenced to cure such default within said period and shall diligently and continuously use its best efforts to cure such default. For this purpose, "force majeure" shall include but is not limited to strikes, Acts of God, war, acts of public enemies, orders from any properly constituted governmental authority, insurrections, riots, or other civil disturbances, acts of nature, including floods, hurricanes, tornadoes, or earthquakes, fires, storms and the like; or any other cause or event not reasonably within the control of the disabled party, or permanent damage to the Facility. C. Remedies for User's Default. (1) If any of the Events of Default shall occur and continue beyond the applicable cure period, the Trust may, upon thirty (30) days' prior written notice to User, give to User a notice of termination of this Agreement, If such notice of termination is given, this Agreement shall terminate upon the date specified in such notice from the Trust to User, as fully and completely as if that date were the date herein originally fixed for the expiration of the term of this Agreement, and on the date so specified, User shall then quit and vacate the Facility and surrender the same to the Trust. Except as expressly provided herein, the termination of this Agreement shall not impair the Trust's right to draw the Letter of Credit to the extent of (i) the Fees payable during the remainder of the Contract Year in which this Agreement was terminated and/or (ii) all other amounts due and owing at the time of termination. (2) In addition, the Trust may institute such proceedings as in its opinion are necessary to cure such Event of Default and/or to compensate the Trust for damages resulting from such Event of Default. (3) Upon the termination of this Agreement, all rights and interest of User in and to the Facility shall cease and terminate and the Trust may apply all sums paid to it by User under this Agreement to the balance owing to the Trust. 97 170 is (4) If: (a) any of the monetary Events of Default shall occur and continue beyond the applicable cure period; or (b) User is adjudicated a bankrupt, or User institutes any proceedings under any federal or state insolvency or bankruptcy law as the same now exists or under any amendment thereof which may hereafter be enacted, or under any other act relating to the subject of bankruptcy wherein User seeks to be adjudicated a bankrupt, or to be discharged of its debts, or to effect a plan of liquidation, composition or reorganization, or should any involuntary proceedings be filed against User under any such insolvency or bankruptcy law (and such proceeding not be removed within sixty (60) days thereafter), the Trust may draw on the Letter of Credit up to the full amount of the Letter of Credit. The amount so drawn shall be applied to the payment of all Fees and other amounts then due and owing by User hereunder (and shall be treated as payment of such amounts by User, curing any monetary default to the extent so applied). 8. Advertising, Signage. (a) User shall be permitted to advertise on the Park's marquee during the Term of this Agreement. This shall be the only location in the Park in which User is permitted to advertise. User shall pay an Advertising Fee for advertising at the rate set forth in Exhibit C hereto, which are the Trust's prevailing market rates, provided that User shall not be required to pay for the first $25,000 per year of advertising. (b) User shall be permitted to erect and maintain signage on User's ticketing facilities and protective canopies. The Trust shall have the right to approve all signage as well as the exterior appearance of the vessels, wluch approval shall not be unreasonably withheld or delayed. All such signage shall comply with applicable municipal codes. 9. Cooperation in Applications. User shall pursue all governmental approvals required to construct and operate the Facility, including approvals from the City of Miami, Dade County, Army Corps of Engineers, State of Florida and DERM (the "Approvals") and all easements and rights of way (the "Easements") required to provide the necessary utilities and access to the Facility. Such actions shall be conducted at User's sole cost and expense. User will promptly deliver to the Trust copies of any submittals and written correspondence between User and the governmental entities and other entities or their respective consultants with respect to the Approvals and the Easements. The Trust agrees to reasonably cooperate with User in connection with the Approvals and the Easements, which cooperation shall include, without limitation, the prompt execution by the Trust of all necessary documents, including, without limitation, applications for such Approvals and Easements. 10. Charitable Cruises. is 0 97- 170 a. User shall provide the Trust with the gross revenues from four (4) sails each Contract Year for cruises for the benefit of the Trust, provided that (i) the Trust shall not receive the merchandising and gaming revenues, and (ii) the Trust shall not receive the bar revenues unless, at its option, it elects to staff the bar and provide all alcoholic beverages and supplies served at the bar during such cruises. Entertainment and food shall be provided by User at its expense. These sails are herein called "Charitable Sails". b. User shall provide the Trust with two (2) community sails each Contract Year for cruises for the benefit of community or charitable organizations selected by the Trust, provided that the Trust shall not receive the merchandising, gaming and bar revenues. Entertainment, hot dogs and soft drinks shall be provided by User at its expense. These sails are herein called "Community Sails". C. User shall collect the sales tax during the Charitable Sails and remit same to the Department of Revenue on behalf of the Trust. d. The Trust shall coordinate the dates of the Charitable Sails and the Community Sails with User at least ninety (90) days prior to the event. No Charitable Sails or Community Sails shall take place on any national holidays or on a Friday, Saturday or Sunday, except that in each Contract Year, one Charitable Sail or Community Sail may take place on a Friday or a Sunday. e. Revenues shall not include any revenues from gaming or gift shop sales. f. All promotional materials disseminated by the Trust with respect to the Charitable Sails and Community Sails shall state that such sails have been made possible by a grant from User. g. User shall pay the reasonable out of pocket promotional expenses in connection with the Charitable Sails, not to exceed the lesser of five percent (5%) of the anticipated revenues from such Charitable Sails or $5,000 per Charitable Sail. 11. Approval Rights. a. All signage and capital improvements with respect to the Park and the Facility shall be subject to the approval of the Trust and of its designated architect, Lester Pancoast (the "Trust Architect"). b. User shall pay the reasonable fees of the Trust Architect in connection with this review, provided that such fees shall not exceed $5,000 for the signage and capital improvements initially proposed. 12. Capital Improvements. L 7 9'7- 170 a. Subject to the approvals required by the Trust and the Trust Architect, User may construct an all-weather structure on the Docks or the Adjacent Land that will serve as a ticketing and embarkation facility. b. User shall pay all costs of the capital improvements contemplated hereby. C. All capital improvements which are so affixed to the land as not to be removable without permanent damage ("Permanent Improvements") shall become the property of the Trust. All other improvements shall remain the property of User. User shall repair all damage resulting from the removal of any of the improvements which User is permitted to remove hereunder. d. User shall not suffer or permit any mechanics' liens or other liens to be filed against the Facility or the Park by reason of any work, labor, services, or materials supplied or claimed to have been supplied to User. If any such lien is recorded against the Facility or the Park, User must promptly notify the Trust in writing of its existence, and must either cause it to be removed or purchase a bond acceptable to the Trust against which the lien will attach in lieu of the Facility or the Park. If User in good faith desires to contest the lien, User may do so, but User must indemnify and save the Trust harmless from all liability for damages occasioned thereby and must, in the event of a judgment of foreclosure on the lien, cause it to be discharged and removed prior to the execution of the judgment. 13, Personal Service Contract. This Agreement has been entered into by the Trust, in part, in reliance upon the successful business experience and business reputation of Frank A. Leo, who is the founder, president and controlling stockholder of Leo Equity Group, Inc, a Florida corporation. 14. Transfer of Controlling Interests in User. (a) Without the Trust's prior written approval, User shall not transfer more than fifteen percent (15%) of the interest in User. This percentage limit shall apply cumulatively, whether to a single transaction or a series of transactions. In no event shall User transfer the controlling interest in User without the Trust's prior written approval. (b) Only a person or entity which is a "Qualified Transferee" shall be entitled to hold any interest in User. A "Qualified Transferee" shall mean any person who (i) is of good moral character and (ii) would qualify for the issuance of a liquor license under Section 561.15 of the Florida Statutes. (c) The Trust shall have the right to impose a reasonable administration fee for its actual cost of processing any request for the Trust's consent hereunder. (d) The Trust shall not withhold or delay its approval (where its approval is required) of a person or entity which satisfies the requirements of a Qualified Transferee. 0 97- 170 (e) For this purpose, the issuance of new interests in User shall be treated in the same manner as transfers of interests, provided that in the event interests in User are offered pursuant to a public offering, holders of less thar. five percent (5%) of the interest in User shall not be required to be Qualified Transferees. (0 Whether or not the Trust's approval is required hereunder, User shall be required to disclose to the Trust all transfers of interests in User and new issues of interests in User within thirty (30) days following such transfer or new issue. 15. Schematics of Proposed Improvements, The Site Plan attached hereto as Exhibit B includes schematics of the improvements proposed by User, showing traffic flow for docking, provisioning, embarking and debarking of passengers. 16. Sublease and Assignment. User shall not sublease or assign its interests hereunder to any person other than a Qualified Transferee. However, this provision shall not prohibit the assignment of this Agreement as a result of a merger or consolidation, provided that Leo is the owner of a controlling interest and of a majority of the outstanding shares of capital stock of the successor entity and that User discloses the identity of each holder of FIVE PERCENT (5%) or more of the outstanding shares of capital stock of the successor entity. In any event, any transferee must agree to be bound by the terms of this Agreement. 17. Approval of Vessels. The Trust shall have the right to approve the vessels docked by User at the Facility, which approval shall not be unreasonably withheld or delayed. The Trust confirms that it has approved the "Bayfront Princess", a 230 foot yacht currently under construction at Leevac Shipyards in Jennings, Louisiana. User shall only have the right to operate one vessel from the North Dock (exclusive of the "water taxi"). 18, Limitation of Activities at Facility. No painting of the vessel, heavy maintenance or fueling shall occur at the Facility. 19. Security. User shall take such steps as it considers prudent with respect to the provision of security for User's customers and invitees who approach and leave the Park and who travel the route between the North and South Docks as shown in the Site Plan. User can propose improvements to provide a safer environment at User's expense. However, User shall have no responsibility with respect to security elsewhere in the Park but, at its own expense, shall have the right to provide additional security in the Park. User acknowledges that the only vehicular access within the Park is over the road shared by the Park with Bayside, and that User will need to coordinate with the Bayside security guard before bringing vehicles within the Park. This agreement is for the exclusive benefit of the parties hereto and nothing herein shall create any rights in favor of any other persons. 20. Hiring of Personnel. All hiring of personnel shall comply with the City's goals as to local preferences and minority composition. E L 9'7- 179 21. Minority Employment. User shall comply with the City of Miami's Minority and Women Business Affairs and Procurement Programs. 22. Hours of Operation. User intends to operate two cruises sailing daily Sunday through Thursday, from 12:00 PM to 5:00 PM, and from 6:30 PM to midnight, and three cruises sailing on Friday and Saturday where the night cruise would return after midnight. Hours of operation shall be subject to business and weather conditions and may vary on a daily basis. Significant changes in User's schedule shall be subject to the Trust's approval, which shall not be unreasonably withheld or delayed. The Trust shall permit, and not obstruct, access to the Facility on the part of User or its employees, customers or other invitees at all such times. 23. Meal Property Taxes, At User's request, the Trust, as owner of the Park, shall execute an application for exemption from real property taxes imposed by Dade County and the City of Miami. 24. Provisioning of Vessels. Provisioning of the vessels shall occur between the hours of 12 midnight to 8:00 AM, except (a) on Friday, Saturday and Sunday nights and nights of "Significant Park Events", during which provisioning shall occur between the hours of 2:00 AM and 8:00 AM, and (b)with respect to perishable goods, which may have to be delivered shortly prior to cruise departure times. "Significant Park Events" means the occasional community -wide events held at the Park. The Trust shall give User at least 60 days' prior written notice of each Significant Park Event. User acknowledges that there may be approximately 10 Significant Park Events per year, and that there may be over 25,000 people attending certain of such events. 25. Parking. User shall identify available parking for its customers and employees, and intends to use off -site parking and to provide shuttle and ferry services. User acknowledges that it will not receive more than 2 parking spaces outside the Park office. In the event a parking facility is constructed in the future in or under the Park, User shall have the same rights to such parking as the general public. 26, Utilities. User shall be responsible for the cost of bringing electric, telephone and water,and sewer service to the Facility. The Trust shall grant all easements required by the utility services in connection with the installation and maintenance of such service. The location and design of the electric, telephone and water and sewer facilities and of such easements shall be subject to the approval of the Trust and the Trust Architect, which shall not be unreasonably withheld or delayed. User acknowledges the existence of an easement which underlies the Park. 27. Validity of Rights Granted Hereunder. So long as no Event of Default shall exist, the Trust represents and warrants that it has the right to enter into this Agreement and to grant the rights granted hereunder, and covenants that User shall be entitled to the exclusive right to occupy the Facility, providod that if any person shall successfully challenge the Trust's right to permit User to use the South Dock in accordance with this Agreement, the Trust shall not be in default of its 10 L 97- 170 obligations hereunder, but the Fees shall be reduced by $25,000 per Contract Year. In any case, the Trust shall vigorously defend against any such challenge. User acknowledges that its use of the Park is in common with Park events and with all other persons entitled to use the Park. User acknowledges that there may be approximately 10 Significant Park Events per year, and that there may be over 25,000 people attending certain of such events. User acknowledges that this covenant of "quiet enjoyment" does not suggest that the Park shall be quiet during certain of the Significant Park Events. 28. Insurance, Indemnification. a. User shall provide General Liability Insurance covering the Facility and User's use thereof against claims for personal injury or death and property damage occurring upon, in or about the Facility, such insurance to afford protection to the limit of not less than $1,000,000 in respect of injury or death to any number of persons arising out of any one occurrence and such insurance against property damage to afford protection to the limit of not less than $2,000,000 in respect of injury or death to any number of persons arising out of any one occurrence and such insurance against property damage to afford protection to the limit of not less than $500,000 in respect of any instance of property damage. User shall also provide liquor liability insurance to afford protection to the limit of not less than the City of Miami's risk management requirements. The City of Miami, the Trust, the sponsor of the AT&T Amphitheater (or any successor sponsor) and the Army Corps of Engineers are to be named "Additional Insured" on all policies. User shall furnish the appropriate insurance certificates no later than thirty (30) days prior to the Commencement Date. b. The Trust shall provide General Liability Insurance covering the Park and the Trust's use thereof against claims for personal injury or death and property damage occurring upon, in or about the Park, such insurance to afford protection to the limit of not less than $1,000,000 in respect of injury or death to any number of persons arising out of any one occurrence and such insurance against property damage to afford protection to the limit of not less than $2,000,000 in respect of injury or death to any number of persons arising out of any one occurrence and such insurance against property damage to afford protection to the limit of not less than $500,000 in respect of any instance of property damage. User is to be named "Additional Insured" on all policies, provided that User shall pay the cost of being so named (the current annual cost being approximately $6,400). The Trust shall furnish the appropriate insurance certificates no later than thirty (30) days prior to the Commencement Date. C. User hereby indemnifies and agrees to defend the Trust for all damages sustained by the Trust as a result of any personal injury or death in the Park or the Facility which results from the negligence or wilful misconduct of User. d. The Trust hereby indemnifies User for all damages sustained by the Trust as a result of any personal injury or death in the Park or the Facility which results from the negligence or wilful misconduct of the Trust, provided that this indemnification shall be limited to the extent of the Trust's waiver of sovereign immunity as provided in Section 768.28 of the Florida Statutes. 11 L 97- 170 29. Compliance with Law. User shall comply with all Federal, State and County and local statutes, laws, rules and regulations, and shall, at its sole expense, obtain all required licenses and permits. 30. Hurricane Preparedness. User shall comply with City of Miami requirements regarding hurricanes, as the same may be amended from time to time. 31. Inability to Use Facility. If, as a result of hurricane or other casualty beyond User's reasonable control, User is not able to use the Facility, there shall be no abatement of the Fees, provided that the Term shall be extended for an equivalent period, and User shall not be required to pay any Fees for such extension period. 32. Termination Rights. User shall have the right terminate this Agreement on thirty (30) days' written notice to the Trust if, because of governmental action, User is not legally permitted to operate an offshore gaming vessel. If, because of governmental action, casino gaming becomes legal in the State of Florida and User's passenger count declines to less than eighty percent (80%) of the passenger count in the prior Contract Year, User shall have the right to negotiate a just termination fee for the right to terminate this Agreement, which termination fee will not be less than one year's Fees. User's obligation to pay any termination fee so agreed upon shall be secured by the Letter of Credit. 33. Exciusiviri, Provided that no Event of Default exists hereunder, User shall have the exclusive right to operate an offshore gaming vessel from docks or land controlled by the Trust. 34. Relationship of Parties. This Agreement shall not be deemed or construed to create any agency relationship, partnership, or joint venture between the Trust and User. 35, Notices. Unless otherwise provided herein to the contrary, all notices required under this .Agreement shall be deemed to be given when received either by hand -delivery (with receipt therefor) or mailed by registered or certified mail, postage prepaid, return receipt requested and if addressed: As to User: Frank A. Leo Bayfront Ventures Suite 3400 One Biscayne Tower Two South Biscayne Blvd, Miami, FL 33133 12 L 97- 1'70 With a copy to: Gunster, Yoakley, Valdes-Fauli & Stewart, P.A. c/o Santiago D. Echemendia One Biscayne Tower Two South Biscayne Blvd. Suite 3400 Miami, FL 33131 As to the Trust: Ira Marc Katz Executive Director & General Manager 301 N. Biscayne Blvd. Miami, FL 33132 With a copy to: Commissioner J.L. Plummer Chairperson City of Miami/City Hall 3500 Pan American Drive Miami, FL 33131 36. Entire Agreement/Amendment. This Agreement constitutes the sole and entire agreement between the parties hereto; no alteration, amendments or modifications shall be valid unless executed by an instrument in writing signed by all parties. 37. Governing Law. This Agreement shall be construed according to the laws of the State of Florida and venue shall be in Dade County. 13 L 9'7- 170 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Witnesses: Name: Name: L 14 BAYFRONT PARK MANAGEMENT TRUST Ira Marc Katz Executive Director & General Manager 97- 179 Witnesses: Name: Name: L 15 BAYFRONT VENTURES d/b/a The Bayfront Princess, a Florida joint venture By: LEO EQUITY GROUP, INC. a Florida corporation By: Frank A. Leo, President By: GOLDCOAST ENTERTAINMENT CRUISES, INC., a Florida corporation By: David Grossman, Vice President 97- 170 7 APPROVAL OF THE CITY OF MIAMI ATTEST: By: City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Bv- Frank K. Rollason, Deputy Chief Risk Management Department EXHIBITS: A - Army Lease B - Site Plan C - Schedule of Advertising Fees [add acknowledgments] 147386.03 J L THE CITY OF MIANE, a municipal corporation of the State of Florida Edward Marquez, City Manager APPROVED AS TO FORM AND CORRECTNESS: By: A. Quinn Jones, III City Attorney 9 7 - 11.)A M I L D R E A N D C L A U D E P E P P E R BAYrRONT PARK M A N A G E M E N T T R U S T 301 N. BISCAYNE BOULEVARD, MIAMI, FL 33132 TELEPHONE (305) 358.7550 FAX. 1305) 358.121 1 March 17, 1997 To: Honorable Mayor and Members of the City Commission From: Ira Marc Katz Executive Director & General Manager The enclosed exhibits should be attached to the use -agreement I forwarded to your office this past Friday. Please contact me if you require any additional information. Thank you. IMK/is cc: Mr. Edward Marquez, City Manager A. Quinn Jones, III, Esq. City Attorney Mr. Walter Foeman, City Clerk file enc. In 9?-/7D DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATIONAL PURPOSES NUMBER: _DACw17-1-90-0001 BAYFRONT PARK, MIAMI HARBOR, FLORIDA THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Congress approved 22 December 1944, as amended (16 U.S.C. 460d), and the Federal Water Project Recreation Act, 79 Stat. 214 (16 U.S.C. 460L-13), and pursuant to a contract entered into on April 25, 1915 and a Supplemental Agreement No. 1 thereto, entered into on July 29, 1987, by and between the United States of America and the City of Miami, Florida, (hereinafter referred to as the "Contract"), hereby grants to the City of Miami, Florida a lease for a period of fifty (50) years commencing on 16 August 1990 , and ending on 16 August 2040 to use and occupy approxima e y 6.3 acres of Governmen -owne an un er the primary jurisdiction of the Department of the Army as shown in red on attached Exhibit "A," and as more particularly described on attached Exhibit 11B,11 subject to all terms and conditions of this lease. THIS LEASE is granted subject to the following conditions: 1. The lesseeshall conform to such regulations as the Secretary of the Army may issue to govern the public use of the project area, and shall comply with the provisions of the above -cited Act of Congress. The lessee shall protect the premises from fire and vandalism, and may make and enforce such regulations as are necessary and within its legal authority, in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with provisions of the above -cited Act of Congress. 2. The lessee agrees to administer the land and water areas included in the lease for recreational purposes, and to bear the costs of operation, maintenance, and replacement of all facilities and improvements on the premises at the commencement of this lease or added during its term. As used in this lease the term "replacement" shall be r.-)nstrued to mean the replacement in whole or in part of any structure or :improvement so worn or damaged by any cause to no longer adequately serve its designed function with normal maintenance. The lessee shall be guided by an Annual Plan of operation and Maintenance in furtherance of the Plan of Recreation Development and Management adopted pursuant to Article l(b) of the Contract and by this reference made a part thereof. On or before the anniversary date of the lease each year, the parties shall agree on the Annual Plan which shall include but is not limited to the following: a. Plans for management activities to be undertaken by the lessee including improvements and other facilities to be constructed thereon in accordance with the Contract. b. Report of the management, maintenance, and development accomplishments of the lessee for the preceding year. C. Significant modifications of policies or procedures which have developed or are to be applied. d. Minor modifications to the Plan of Recreation Development and Management (major modifications to be accomplished by amendment of the Plan). 3. In addition to any subsequently agreed upon Fees and charges authorized under the provisions of Article 4 of the Contract, the lessee and his sublessees may conduct such revenue -producing activities as are within the scope of Article 3 of the Contract. 4. That upon the commencement of this lease the parties hereto shall cause to be made an inventory of all improvements constructed in whole or in I part with Federal funds under the terms of the Contract. Certain types of "Additional Facilities" including but not limited to restaurants, lodges, cabins, clubhouses, marinas, and such similar revenue -producing facilities constructed under the authority of Article 3 of the Contract shall not be added to this inventory. The inventory of improvements shall include descriptions and drawings sufficient to permit their identification and condition, and to replace them if required during the term or on the expiration or termination of this lease. said inventory and all amendments thereto shall be approved in writing by authorized representatives of the parties thereto and shall thereupon become a part of this lease as if originally annexed. 5. The lessee may grant permits and licenses, and sublease all or portions of the leased property for purposes which are consistent with the terms and conditions of this lease and with the Plan of Recreation Development and Management. All such grants shall state that they are granted subject to the provisions of this lease. The terms and conditions of permits, licenses, and subleases granted by the lessee for revenue producing purposes shall first be approved by the C4.strict Engineer in writing. In order to protect the investments of sublessees, the District Engineer is authorized to approve subleases which require the Government to continue to honor such parts of the subleases which may be necessary to assure the continuation of the subleased activities upon a default which would result in a revocation of the prime lease under Condition 14 thereof. 6. The lessee shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the District Engineer except for annual or weekly entrance fees which also are honored at other recreational areas operated by the lessee. The District Engineer shall have the right to perform audits of the lessee's records and accounts, and to require the lessee to audit the records and accounts of sublessees, and furnish the District Engineer a copy of the results of such an audit. 7. The rates and prices charged by the lessee or its grantees for revenue -producing activities shall be reasonable and comparable to rates charged for similar goods and services by others in the community. The Government shall have the right to review such rates and prices and require an increase or reduction where it finds the objective of this paragraph has been violated. S. The right is reserved to the United States, its officers, agents, and employees, to enter upon the premises at any time to make inspections concerning the operation and maintenance of the land: and facilities provided hereunder, and for any purpose necessary o.• convenient in connection with river and harbor and flood control, and the lessee shall have no claim for damages of ancharacter on account thereof against the United States or any agent, offiy cer, or employee thereof. 9. The United States shall not be responsible for damages to property injuries to persons which may arise from or be incident to the exercise of of the privileges herein granted, or from damages to the property of the lessee, or for damages to the property or injuries to the person of the lessee's officers, agents servants, or employees or others who may be on the premises at their invitation or the invitation of any one of them, arising from or incident to the flooding of the premises by the Government or flooding from any other cause, or arising from or incident to any other governmental activities, and the lessee shall hold the United States harmless from any such claims. 10. The City shall require all concessionaires and sublessees to obtain from a reputable insurance company, acceptable to the Government, liability or indemnity insurance providing for minimum limits of $1,000,000 per person in any one claim, and an aggregate limit of $2,000,000 for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, and $50,000 for damage to property or a combined single limit coverage of $2,050,000 for all damage suffered or alleged to have been suffered by any person or persons resulting from the operation of the concessionaires or sublessees under the terms of this lease. That upon commencement of this lease, the City shall obtain from an insurance company licensed in the State and acceptable to the Government, liability or indemnity insurance providing for minimum limits of $1,000,000 per person in any one claim, and an aggregate of $2,000,000 for any number of persons or claims for damages against the City for injury to or loss of property, personal injury or death, suffered or alleged to have been suffered by any person or persons resulting from operations by the City. 11. The lessee or its grantees shall not discriminate against any person or persons because of race, creed, color, sex, or national origin in the conduct of its operations hereunder. The lessee has furnished as part of the Contract an assurance that it will comply with Title VI of the civil Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive, 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, and all grantees shall supply like assurances (Exhibit "C"). 12. This lease is subject to all existing easements, and easements subsequently granted, for roadways and utilities and for other purposes located or to be located on the premises, provided that the proposed grant of any easement will be coordinated with the lessee and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee. 13. The lessee shall comply promptly with any regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency and/or State Water Pollution control Agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency or State Agency are hereby made a condition of this lease. 14. This lease may be revoked by the Secretary of the Army in the event the lessee violates any of the terms and conditions of this lease and continues and persists therein for thirty (30) days after notice thereof, in writing, by the District Engineer. Such a termination shall not derogate or diminish such other remedies in law as may be available to the Government and in no way shall it act to relieve the lessee of his responsibilities and obligations under the Contract. In lieu of revocation, the District Engineer, in his discretion, upon a finding that a violation constitutes a health or safety hazard may suspend the use of that operation or facility until such deficiency is rectified. 15. On or before the date of expiration of this lease, the lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked the lessee shall vacate the premises, remove its property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the lessee shall fail or neglect to remove its property and so restore the premises, then its property shall become the property of the United States without compensation therefor, and no claim for damages against the Unitc(I States or its officers or agents shall be created or made on account thereuE. 16. All notices to be given pursuant to this letter shall be addressed, if to the lessee, to the City Manager, City of Miami, Florida, 3500 Pan American Drive, Miami, Florida 33133, if to the Government, to the District Engineer, U.S. Army Engineer District, P.O. Box 4970, Jacksonville, Florida 32232-0019, or as may from time to .time be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid in a post office or branch post office regularly maintained by the United States. L IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this 16th day of August , 1990 J. FF ting hief, Real Estate Division .5, rm Corps of Engineers Jacksonville, Florida District THIS LEASE is also executed by the lessee, this 8th day of August , 19 90 THE CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: MATTV HIRAI City Clerk APPROVED AS TO FORM AND CORRECTNESS: J GE F D92 C ty Attorn / CESAR H. ODIO City Manager . .I i l EXHIBIT "B" TO LEASE TRACT ONE PROMENADE Legal Description A tract or parcel of land located in Township 54 South, Range 42 East, Dade County, Florida, being more particularly described as follows: For a point of reference commence at the intersection of the City Monument Line Biscayne Boulevard (North) and Chopin Plaza (Southeast Second Street extended easterly), said monument being a brass pin in concrete inside a monument casting set in pavement, having a grid coordinate value of x-767,294.88, 7-523,736.28; Thence South 89059156" East, (grid bearing of North 87°42137" East) along said Monument Line Chopin Plaza a distance of 834.50 feet, more or less, to its intersection with an existing steel bulkhead along Biscayne Bay, said intersection having a grid coordinate value of x-768,128.71, y- 523,769.63, said bulkhead being 8.4 feet, more or less, westerly of the U.S. 'Harbor line as recorded in Plat Book 74 at Page 3 of the Public Records of Dade County, Florida; Thence South (grid bearing of South 02'01136" East) along the face of said bulkhead a distance of 25 feet to a point designated PL-1, said point also being the Northeast corner of Tract "D" of Dupont Plaza as recorded in Plat Book 50 at Page 11 of the Public Records of Dade County, Florida, having a grid coordinate value of x-768,129.59, y-523,744.65; the following bearings and distances are based on Transverse Mercator Grid Systems Florida East Zone. Thence run South 87042137" West, a distance of 20 feet to a point designated PL-2; i Thence North 02001143" West, a distance of 85.59 feet to a point designated PL-3; Thence South 87042137" West, a distance of 10.11 feet to a point designated PL-4; Thence North 02001109" West, a distance of 37.46 feet to a point designated PL-5; Thence Northwesterly along a curve concave to the left, with a radius of 106.00 feet, an arc distance of 146.88 feet, the chord of which bears North 41143130" West 135.41 feet to a point designated PL-6; Thence South 87058'44" West, a distance of 44.52 feet to a point designated PL-7; Thence North 02001136" West, a distance of 234.97 feet to a point designated PL-8; Thence Northwesterly along a curve concave to the right, with a radius of 155.80 feet, an arc distance of 176.5 feet, the chord of which bears North 47042120" West 167.26 feet to a point designated PL-25 which is the Point of Beginning. From said Point of Beginning thence run South 87043139" West, a distance of 375.00 feet to a point designated PL-24; Thence North 02016121" West, a distance of 70.0 feet to a point designated PL-23; Thence North 87043139" East, a distance of 375.00 feet to a point of its intersection with the arc of a curve designated PL-2Z; Thence southeasterly along a curve, having a radius of 155.80' concave to the left, the center of which lies South 79017133', East of said point 155.801 the chord of which bears South 20016121" East 70' an arc distance of 70.62 feet to the Point of Beginning through a central angle of 25057151". L A I i The above described tract or parcel of land contains .60 of an acre,' I' more or less. The United States of America is the owner of the 60 of an acre pursuant to Warranty Deed, dated June 21, 1990 and recorded July 19, 1990 in official Records Book 14630, page 2969, of the Public Records of Dade county, Florida. N EXHIBIT "B" TRACT TWO BAYWALR Legal Description A tract or parcel of land located in Township 54 South, Range 42 East, Dade County, Florida, being more particularly described as follows: For a point of reference commence at the intersection of the City Monument Line Biscayne Boulevard (North) and Chopin Plaza (Southeast Second Street extended easterly), said monument being a brass pin in concrete inside a monument casting set in pavement, having a grid coordinate value of x-767,294.88, y-523,736.28; Thence South 89059156" East, (grid bearing of North 87042137" East) y along said Monument Line Chopin Plaza a distance of 834.50 feet, more or less, to its intersection with an existing steel bulkhead along Biscayne Bay, said intersection havinc3 a grid coordinate value of x-768,128.71, y- 523,769.63, said bulkhead being 8.4 feet, more or less, wssterly of the U.S. Harbor line as recorded in Plat Book 74 at Page 3 0£ the Public Records of Dade County, Florida; Thence South (grid bearing of South 02001136" East) along the face of said bulkhead a distance of 25 feet to a point designated PL-1 which is the Point of Beginning, said point also being the Northeast corner of Tract "D" of Dupont Plaza as recorded in Plat Book 50 at Page 11 of the Public Records of Dade County, Florida, having a grid coordinate value of x-768,129.59, Y-523,744.65; the following bearings and distance are based on Transverse Mercator Grid System Florida East Zone. From said point of beginning thence run South 87042137" West, a distance of 20 feet to a point designated PL-2; Thence North 02001143" West, a distance of 85.59 feet to a point designated PL-3; Thence South 87°42137" West, a distance of 10.11 feet to a point designated PL-4; Thence North 02001109" West, a distance of 37.46 feet to a point designated PL-5; Thence Northwesterly along a curve concave to the left, with a radius of 106.00 feet, an arc distance of 146.88 feet, the chord of which bears North 41043130" West 135.41 feet to a point designated PL-6; Thence South 87058144" West, a distance of 44.52 feet to a point designated PL-7; Thence North 02001136" West, a distance of 234.97 feet to a point designated PL-8; Thence Northwesterly along curve concave to the *-fight, with a radius of 155.80 feet, an arc distance of 427.73 feet, the chord of which bears North O1032136" West, 305.55 feet to a point designated PL-•9; Thence North 25002146" East a distance of 13.48 :eet to a point designated PL-9A; Thence North 13001134" West a distance of 21.86 feet to a point designated PL-9B; Thence North 76057136" East a distance of 17.02 feet to a point designated PL-9C; Thence North 24056113" East a distance of 460.89 feet to a point designated PL-10; L Thence North 65003/32/1 West a distance of 53.50 feet to a point designated PL-11; Thence North 24056107" East a distance of 175.00 feet to a point designated PL-12; Thence South 65003/4211 East a distance of 66.00 feet to a point designated PL-13; Thence North 24056106" East a distance of 202.97 feet to a point designated PL-14; Thence South 87022136" East a distance of 100.2P feet to a point designated PL-15; Thence South 24059158" West a distance of 673.39 feet to a point designated PL-16; Thence South 02001130" East a distance of 371.87 feet to a point designated PL-17; Thence Southwesterly along a curve concave to the right, with a radius of 245.54 feet, an arc distance of 141.96 feet, the chord of which bears South 14032101" West 139.99 feet to a point designated PL-18; Thence Southeasterly along a curve concave to the left with a radius of 154.46 feet, an arc distance of 182.87 feet, the chord of which bears South 021148159" East, 172.38 feet to a point designated PL-19; Thence Southeasterly along a curve concave to the right, with a radius of 253.04 feet, an arc distance of 153.28 feet, the chord of which bears South 19022138" East, 150.94 feet to a point designated PL-20; Thence South 02000107" East, a distance of 115.64 feet to a point designated PL-21; Thence South 87042137" West, a distance of 53.03 feet, more or less, to the point of beginning. Containing 5.69 acres, more or less, and designated as Tract "B" of the Miami Harbor Bayfront Park Project. The United States of America is the owner of the 5.69 acres pursuant to Warranty Deed, dated July 16, 1985 and recorded July 31, 1985 in official Records Book 12590, page 1427, of the Public Records of Dade County, Florida. L Y'y1 L �_-" (DYI�DI Y(rN Ur 11111 rawlel _.- r _ - ,TT TM IP0 1n ( 1 u niT lam1tll lo' is In Ali .._ . la W O Vi tlf7i Tir IM yl 6 at ww -(I " IMIM inl Iif11111 Vl KI Of -171- IMM&OPfT I. Iwo 7an - AYOIIICA+M IIYD. 111 7114 V1 Ir /t q SI (IIIN ��— • is f r� I>f� feM�all* — IIIN •YI N1 11 DII Ilr IINI _: "Fi--- _7D47T__i-I ^ F. I III I11 IY_IDI/1 r Imo 1 +fllii% 1T L`�li '" _ --•'----'-'. 16, "rl1 rN I ae IN 0�+11 T1Piii n fA�(-�u.Y 11 el I ur rc si_ tb r+d 1 1lRd tiNm - II 1 - fii 11A it 11) Nf L I OF rr>^ — — 11ST1'—I-j"r 1D rl P Ih r 1"I'll 16 "1 rl 11 ' it i•, In311x r I -L?M-IM U --t"-1 II fe IL9 I/ R!1p v CI1CU CIn 41 M : At. IW 11 ftl l--T NI, I011 _ - 1 - .1Y(_ WRY 1�{if7 i1 VI DRI ID ' �J-j'- _ — II 11 fit �S! WQ7111 EMU akKii lit. R+11 in. DI 11 il•B n" � 117D 111, IIIN Z,rl :7 III Nt II 1 ul MIT &&IMNT R E• I . '11 L 11 GIND —�•— nANwIInnDltlnllr I.I IDCAiIM NM MIIIV tog OI Ti111datav toSn1A:I101 mumatl IM MC[M 11IIgAtIa ISIMM/ Walt OlM xl N M t�q�p C NKU CM11I MD 01I0NI101 Y pONAR1 I I4Ct— IAU.I M 1MT7 T- T -7 Oltltt1010 ItMOAISIDM a•/ ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIR CT VE UNDER TITLE VI OF THE CIVIL IGt,TS ACT OF 1964 THE SPONSOR HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR, Part 300, issued as Department of Defense Directive 5500.11, Change 3, dated 4 April 1966) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Directive, no person in the United States shall, on the ground or race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sponsor receives Federal financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measure necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sponsor by the Department of the Army, assurance shall obligate the sponsor, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Sponsor for the period during which the Federal financial assistance is extended to it by the Department of the Army. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or oth,ar Federal financial assistance which were approved before such date. The sponsor recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Sponsor, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DAT • BY : X ATTEST: CITY CLERK L EXHIBIT "C" DAC4117-85-H-0019 CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF MIAMI, FLORIDA FOR RECREATION DEVELOPMENT AT THE BAYFRONT PARK, MIAMI HARBOR, FLORIDA THIS CONTRACT, entered into this 221-A day of 69 J 198 �_ , by and between the UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the Contracting Officer executing this contract and the City of Miami (hereinafter called the "City"), WITNESSETH THAT: WHEREAS, construction of the Miami Harbor Project (iereinafter called the "Project") was authorized by Rivers and Harbors Act approved March 2, 1945 (PL 14 79th Congress) as modified by the Land Acquisition Policy Act of 1960 (PL 86-645) as set forth in Senate Document 71 85th Congress; and WHEREAS, Section 4 of the 1944 Flood Control Act, as amended (16 U.S.C. 460d) authorized the Federal Government to construct, maintain, and operate recreational facilities at water resource development projects and further authorized the Federal Government to permit local interests to construct, operate, and maintain such recreational facilities; and WHEREAS, construction of the Project has been completed, and the Government and the City desire to provide recreation facilities (hereinafter referred to as "facilities") for the Project; and WHEREAS, the city is empowered to contract with the Covernment to construct, operate, and maintain recreation facilities; and WHEREAS, the cost of constructing said facilities will be shared by the parties in accordance with cost -sharing provisions of the Federal Water Project Recreation Act (PL 89-72), (16 U.S.C. 460 L-12); and WHEREAS, the legislative history of the Energy and Water Development Appropriation Act of 1984 (PL 98-50), as amended by the Energy and Water Development Appropriation Act of 1985 (PI '18-360), made funds avzilable for the project and set forth the unusual and unique features of this project; L NOW THEREFORE, the parties agree as follows: 1 ARTICLE i - LANDS AND FACILITIES (a) The Government agrees to design and construct the facilities to j` provide for optimum enhancement of general recreation consistent with other authorized project purposes. Prior to the first Government expenditure for recreation facilities to be constructed under this contract, the City will convey to the United States by Warranty Deed, supported by title evidence satisfactory to the Contracting Officer, 5.69 acres of land consisting of 3.1. acres of upland and 2.52 acres of submerged land. Details of the lands to be conveyed, as concurred in by the City, are shown on Exhibit "A" attached hereto and made part of this contract. (b) The Government in cooperation with the City will prepare.a mutually acceptable Plan of Recreation Development and Management which will depict and identify the Facilities which the Government will construct in accordance with this contract. The presently estimated cost of facilities to be so provided is contained in Exhibit "B", attached hereto and made a part hereof. Such estimate of facility cost is subject to reasonable adjustment as appropriate upon completion of construction and approval of the above - mentioned "Plan of Recreation Development and Management." (c) Following completion and acceptance by the City of all construction for initial recreational development, the Government will make available, by lease, approximately 4.27 acres of upland and 1.42 acres of submerged land more fully described in the "Plan of Recreation Development and Management" together with facilities located thereon and acquired or constructed pursuant to this contract, and the City agrees to execute a 50-year lease substantially in the format of Exhibit "C" attached hereto for purposes of Project operation and maintenance. No provisions of this contract, including this subparagraph (c), shall merge into any such lease, but each and every obligation of each party hereto shall remain in full force and effect unless altered by mutual agreement or Article 9 hereto. (d) Title to all lands and facilities specifically acquired, developed, or constructed by or with Government assistance to enhance the recreation potential of the Project shall at all times be in the United States. (e) The performance of any obligation or the expenditure of any funds l by the Government under this contract is contingent upon Congress making 2 L the necessary appropriations and funds being allocated and made available for the work required hereunder. ARTICLE 2 - CONSIDERATION AND PAYMENT (a) Project Development. The estimated separable cost of project development, including lands and facilities, is estimated to be $10,454,000. The Government's share of the separable cost is estimated to be $4,489,000. The city's share of the separable cost is estimated to be $5,965,000. Prior to the first Government expenditure hereunder and again each Government fiscal ,year hereafter, the Government Contracting Officer shall calculate the estimated expenditures which each party shall have made through the end of such period. If the total estimated expenditures by the G.rvernment shall exceed those of the city, the city shall pay the Government such sum as will equal the expenditures of the parties. In computing expenditures there shall be considered, in addition to cash expenditures, the fair market value of contributed land, at the time such land is provided, which value shall not include enhancement due to the Project. The fair market value of all land so provided and the actual costs of all other contributions in kind will be credited toward the city's share subject to Article 1(b). However, the credit allowed shall not exceed the amount of the Government's share of the design and construction costs attributable to the recreation facilities to be developed under this contract. (b) Other Federal Funds. No credit of any kind whats-?ver will be allowed the city for expenditures financed by, involving, or consisting of, either in whole or in part, contributions or grants of assistance received from any Federal agency, in providing any lands or facilities for recreation. (c) Adjustments to Reflect Costs. The dollar amounts set forth in this Article are based upon the Government's best estimates and are subject to adjustments based on the costs actually incurred. Such estimates are to he construed as representations of the total financial responsibilities of each of the Parties except for adjustments for actual costs. ARTICLE 3 - CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES Certain types of facilities, including but not necessar: y limited 3 L i to restaurants, lodges, cabins, clubhouses, marinas, and such similar i revenue -producing facilities, may be constructed by the City or third j parties and may be operated by the City or by third parties on a concession basis. Any such construction and operation of these types of facilities shall be compatible with all Project purposes and shall be subject to the prior approval of the Contracting Officer. However, the City shall not receive credit for costs of such facilities against amounts due and payable under Article 2 and such facilities shall not be deemed to be develooed or constructed with Government assistance for purposes of Article l(d). ARTICLE 4 - FEES AND CHARGES No fees for entrance to the recreation areas beinq Orveloped or for use of project facilities and areas will be assessed or collected by the City as Part of initial project operation. In the event it is subsequently determined by the City that such fees should be assessed and collected, a mutually acceptable fee schedule will be negotiated by.the parties which shall thereafter be reviewed by the parties not less often than every five years and renegotiated after such review at the request of either Party. ARTICLE 5 - FEDERAL AND STATE LAWS (a) In acting under its rights and obliqations hereunder, the City agrees to comoly with all applicable Federal and State laws and regulations, including but not limited to the Provisions of the Davis -Bacon Act (40 U.S.C. 276 a-a(7)); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); and Part 3 of Title 29, Code of Federal Regulat m s. (b) The City furnishes, as part of this agreement, an assurance, Exhibit "D", that it will comply with Title VI of the Civil Riahts Act of 1964 (78 Stat. 241, 42 U.S.C. 2000d, et seq) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations. The City agrees that it will obtain such assurances from all of its concessionaires. ARTICLE 6 - OPERATION AND MAINTENANCE The City shall be resnonsible for all operation, maintenance, and replacement without cost to the Government, of all facilities developed to support Project recreation and under no circumstances shall these resoonsibilities be assumed by the Federal Government. The City shall maintain all Project lands, water, and facilities in a manc.ar satisfactory ' to the Contracting Officer and pursuant to the provisions of the 4 Is lease which will subsequently be entered into between the parties hereto. ARTICLE 7 - RELEASE OF CLAIMS j , The Government and its officers and employees shall not be liable in any manner to the City for or on account of damage caused by the development, operation, and maintenance of the recreation facilities of the Project. The City hereby releases the Government and agrees to hold it free and harmless and to indemnify it from all damages, claims, and demands that may result from I development, operation, and maintenance of the recreation areas and facilities, except damages due to the fault or negligence of the United States or its contractors. ARTICLE 8 - INSURANCE (a) The City shall require all concessionaires and sublessees to obtain from an insurance company licensed in the State and acceptable to the Government, liability or indemnity insurance providing for minimum limits of $1,000,000 per person in any one claim, and an aggregate limit of $2,000,000 for any number or persons of claims arising from any one incident with respect to bodily injuries or deaths resulting therefrom, and $50,000 for damage to property, or a combined single limit coverage of $2,050,000 for all damage, suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between the City and its concessionaires. (b) The City shall obtain from an insurance company licensed in the State and acceptable to the Government, liability or indemnity insurance providing for minimum limits of $1,000,000 per person in any one claim,. and an aggregate limit of $2,000,000 for any number of persons or claims for damages against the City for injury to or loss of prc..:erty, personal injury or death, suffered or alleged to have been suffered by any person or persons resulting from operation by the City. ARTICLE 9 - TRANSFER OR ASSIGNMENT The City shall not transfer or assign this contract nor any rights acquired thereunder, nor grant any interest, privilege or license whatsoever in connection with this contract without the approval of the Secretary of the Army or his authorized representative except as provided in Article 3 of this contract. 3 !I I' 'f ARTICLE 10 - DEFAULT If the City fails to meet any of its obligations under this agreement, the Government may terminate the whole or any part of this contract and I!; the lease granted to the City for accomplishing the purpose of this agreement. The rights and remedies of the Government provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. ARTICLE 11 - EXAMINATION OF RECORDS 1 The Government and the City shall maintain books, records, documents, and other evidence pertaining to costs and expenses incurred under this contract, to the extent and in such detail as will properly reflect all net costs, direct and indirect, for labor, materials, equipment, supplies, and services and other costs and expenses of whatever nature involved therein. The Government and the City shall make available at their offices at reasonable times, the accounting records for inspection and audit by an authorized representative of the parties to this contract during the period this contract is in effect. ARTICLE 12 - RELATIONSHIP OF PARTIES The parties to this contract act in an independent capacity in the performance of their respective functions under this contract and neither party is to be considered the officer, agent, or employee of the other. ARTICLE 13 - INSPECTION The Government shall at all times have the right to make inspections concerning the operation and maintenance of the lands and facilities to be provided hereunder. ARTICLE 14 - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. ARTICLE 15 - COVENANT AGAINST CONTINGENT FEES The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or under- standing for a commission, percentage, brokerage, or contingent fee, I excepting bona fide employees or bona fide established commercial or j selling agencies maintained by the City for the purpose of securing 6 L business. For breach or violation of this warranty, the Government thall have the right to annul this contract without liability or in its discretion to add to the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 16 - ENVIRONMENTAL QUALITY (a) In furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law 91-190), 42 U.S.C. 4321, 4331-4335) and Executive Order 11514, entitled "Protection and Enhancement of Environmental Quality," March 5, 1970 (35 Federal Register 4247, March 7, 1970) the Government and the City recognize the importance of preservation and enhancement of the quality of the environment and the elimination of environmental pollution. Actions by either party will ui.- after consideration of all possible effects upon the project environmental resources and will incorporate adequate and appropriate measures to insure that the quality of the environment will not be degraded or unfavorably altered. i (b) During 'construction and operation undertaken by either party, specific actions will be taken to control environmental pollution which could result from their activities and to comply with applicable Federal, State and local laws and regulations concerning environmental pollution. Particular attention should be given to (1) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gases and smoke from temaorary heaters; (2) reduction of water pollution by control of sanitary facilities, storage of fuels and other contaminants, and control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) on and off site disposal of waste and spoil activities; and (5) prevention of landscape defacement and damage. ARTICLE 17 - BINDING EFFECT (a) This agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. (b) Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 7 L ARTICLE 18 - EFFECTIVE DATE $! This contract shall take effect upon approval by the Secretary of the �4 Army or his authorized representative. IN WITNESS WHEREOF, the parties have executed this contract as of the Iff day and year first above written. I i THE UNITED STATES OF AMERICA CITY OF MIAMI, a municipal corporation , I of the State of Florida V r BY: ,r- CH L4SIMYERS SERGIO PEREIRA Colonel, Corps of ngineers City Manager Contracting Officer U.S. Army Engineer District Jacksonville DATE: 2 2 APB' ATTEST: Cit Clerk APPROVED: APPROVE T !FORM ND CORRECTNESS 8Y: L I ALE DO GHE DATE: 2 2 APt 1095 City Attorney L F CERTIFICATE OF AUTHORITY I, Lucia Allen Dougherty, do hereby certify that I am City Attorney for the City of Miami, that the City of Miami is a legally constituted public body with full authority and legal capability to perform the terms of the agreement between the United States of America and the City of Miami in connection with Recreation Development at Bayfront Park, and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91-611 and that the person(s) who have executed the contract on behalf of the City of Miami have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this Certificate this aZ day of �(�,;� 19 (Seal, if necessary) , LUCI LEN DOU hECRf� City Attorney ! (Acknowledgement, if necessary) I rl II I 10 b 1R IV IO 11 JIL m r 1 a.ii7L rL 1. lILY1 rl u 11 CI+CII [IM AC -1j all, !N•10�11 W110 i1 ))11�r ilu i r � .I rl M 1. 11{ 1414L fib o+�•�a wt QEI_II .- c1l V.10" m.01•N irq, . rim ur pyu — it VEt -- - - -' Iu 111 T7 1 •�O"� iirrw r cow"W Ogllr tLt Alin tog Y� tO�IFO1IM MM NnIICM t/tOtMpltyK, Mi • At141M1tl1 tl11/1FN� Iwli IMM YI ■ tl �. Cltlsi 0"1 R101111YMrd MKAW%*WCflrlt411r/If F•tlf 1p tlr -T-T-T• ewtrmmotupllla•smrt of L r- �; ,mac ��' �' � �v-. � n • . .� ? ` t; tit ¢' 1 r rA s• 4..� �'y y .' ba t afllw Irrw T � l l MfItY1�[ WM�NlIii1tK WMo15 L , r• ■ A W ri iM WIA•[1011.'tB1 A ..+ • tMlt t1nYillMlt lM�lLII •, toe r� _ , .....-...,,,..... - _ "''~ •' 1 b y ate[ _Y �"`• y � + '' ..-�... -•- ..-..-�� ... �1115CAM'!/Y'tl LVtIV t • ��s ��,.• n W ----------------- L F •4� rt It - H e i t!f Ip t0 u urea �un.c I a t���iw�`' tKL1A1 tgq.y ten I t_.-- <nw a�{f t yiy!{, ?t59a tl fn, of N NV'rr I -"O'�� errowrconNuete� 1t . MMIIOMIM .rY Nf11C4Wq .r[�in r/NiWI01 eiMNi.ep�iS ML� srpc anereaimnru awrcuas erenw++onnrausaa •'7'-j—f' e1gClg10 UW14�SIOr[ if'`'L •tire• �� Via' � +1w drwtwamdyN t - i� ♦i - .4, v �� � • r ; ...I.. • . +. _..... ,moo, r. - .. � .. fir:• `ti � • r"�' � - .. .. :. t ..ry ;` r... '+ � � .. ` � �.. ' ... •�.ue�r ,�►�Y' •t •y �..�.. ✓'; �.J� elsci+�+���o •s ..` r a ,r • +. .. . M _ `� .sa u.' •�• 2 w r Contrib OPS Items Bayfront Item Description Unit Quantity Unit Cost Subtotal Cost Total Cost By CiCy City Cost City Cc 1 Courtesy Docks (PL98-50)------------------------------------- S 184 „ 35 ' la Concrete Piles L.F. 3,153 S 25.00 $78,625 - lb Concrete Girders and Joists C.Y. 156. 280.00 43,680 lc Timber Decking L.F. 7,725 .80 6,180 _ le Miscellaneous JOB 1 L.S. 5,000 if Timber finger piers S.F, 560 90.00 50,400 2 Landscaping (PL98-50)-------------------------------------- 49,775 2a Coconut Palms EA 72 400.00 28,800 2b Sod S.F. 31,500 .45 14,175 2c Mahogany (transplant) EA 2 400.00 800 2d Coarse Gravel C.Y. 300 20.00 6,000 3 Bulkhead (PL98-50)-------------------------------------- 2,325.000 v 3a Steel Sheet Piling S.F. 50,000 30.00 1,500,000 3b Concrete Anchor Piling L.F. 1,680 25.00 42,000 3c Concrete Cap C.Y. 556 250.00 139,000 3d Revetment Stone TONS 18,400 35.00 644,000 4 Walkway (PL98-50) ••---------------------------------------- 428,025 4a Baywalk C.V. 1,160 195.00 226,200 4b Circular Walk C.Y. 1,035 195.00 201,825 5 Lighting (PL98-51))--------------------------------------- 94,745 ✓ 5a Bollard Fixtures EA 9 625.00 5,625 5b Overhead Fixtures EA 52 1,660.00 86,320 5c Uplights EA 8 350.00 2,800 6 Park Benches (PL98-50) C.Y. 100 750.00 75,000 7 Trash Receptacles (PL98-50)'-'EA 6 500.00 3,000,1 8 Utilities (PL98-50)------------------------------------------- 30,960 8a Sprinkler System JOB 1 L.S. 16,500 8b Water Line L.F. 200 7.40 1,480 8c Storm Drain L.F. 400 B.45 3,3BO 8d Catch Basin EA 3 1,200.00 3,600 Be Sedimentation Basin EA 2 3,000.00 6,000 9 Site Work (PL98-50) ACRE 4.11 3,000.00 12,330 10 Mobilization and Demobilization (PL98-50) JOB 1 L.S. 50,000 11 Landfill (PL98-36U)-------------------------------------- 593,550 Ila Silt Removal C.Y. 21,300 10.50 223,550 llb Fill Material C.Y. 61,650 2.00 '-0- $123,300 Ilc Hauling d Placing Fill Mat. C.Y. 61,650 6.00 369,900 12 Fountain Sheet Pile Foundation b Utility Trench (PL98-360)------------------------------------ 667,400 12a Site Work JOB 1 L.S. 96,230 12b Dewatering JOB 1 L.S. 186,265 12c Tremie Concrete JOB 1 L.S. 161,600• 12d Piles JOB 1 L.S. 85,800 12e Concrete JOB 1 L.S. 96,710 ' 12f Waterproofing JOB 1 L.S. 40,795 B-1 L La F NON-FEDERAL ___- FEDERAL POPTIDN (BAYWALK) PORTION CONTRIBUTIONS O.P.S. ITEMS BAYFRONT PARK TOTAL IN -KIND CITY COST CITY CnST ITEM DESCRIPTION COST BY CITY 100% 100: 13 a b c 14 Subtotal (PL98-50)(Items 1-10) $3,252,920 Contingencies (20%) 650,580 Subtotal $3,903,500 E&D and SGA (15*-) _a 5 000 Total PL98-50 Construction $4,489,000 Cost (Items 1-10) Land Cost G5 965 000 Total PL98-50 Project Cost $10,454,000 Subtotal (PL98-360) (Items 11 and 12) $1,260,950 $ 123,300 Contingencies (?0%) 252,190 24,700 Subtotal $1,513,140 E 148,000 E&D and S&A (15±) 226,860 0 Total PL98-360 Construction Cost (Items 11 an 12) $1,740,000 S 148,000 Total PL98-360 Project Cost $1,888,000 OPS Items Silt Removal for Bayfill S 70,350" Fill for Bayfill ` 116,1002/ Revetment Stone for Aesthetics 147,2003/ Subtotal (a thru c) $333,650 Contingencies (10%) 33,365 Subtotal E&D and SEA (15±) S361,015 54,985 Total OPS Cost $422,000 Upland Development $14,000,000 Subtotal Project Cost S6,229,000 $6,113,000 S422,000 $14,000,000 Total Federal Project Cost $12,342,000 Grand Total Project Cost S26,764,000 1/ 6,700 c.y. of silt removed 2/ 19,350 c.y, of fill material hauled to site and placed 3/ 3.680 tons of riprap B-2 F BUS TURN-ARWND (3JS AN7 Vt-,LET 'DROP -Orr AT)err � POD �I> TT C 'm, \�1 a t BISCAYNE BAY P A., S. C. N 6 C A` pEDEs-rR�A� A<<�'SS 0 a � BISCAYNE BLVD b u S EN1-IR`i BAYFRONT PARK 301 N. Biscayne Blvd. Miami, F1. 33132 NoT D2F1�N To ScAI.G 7 _j !o✓r4 ©pL�� EXHIBIT C As a result of AT&T's sponsorship, the Bayfront Park Management Trust can offer you a placement in this prime advertising location for $25,000 per year. For that amount you will receive approximately 25 ten second messages per hour. The marquee is currently operating ill hours per week. Your message, whether it be type or logo, will appear 2,828 times each week and an astonishing 147,058 messages per calendar year. Your cost is $.17 per message.