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HomeMy WebLinkAboutItem #08 - Discussion Item�i Honorable Mayor and Members of the City Commission Meri City CITY OF MIAM: FLORIDA INTER -OFFICE MEMORANDU SEP 16 1996 - - Resolution Authorizing Issuance -r RFP for Virginia Key Boat Yard UDP/Selection CPA firm & Appoint Review Committee ® =_',CLo5u0=s Proposed Resolution /Draft RFP For Commission mtg. September 26, 1996 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the issuance of a Request For Proposals ("RFP"), in substantially the form attached, for a Unified Development Project ("UDP") consisting of the development of a boat yard facility and optional ancillary marine -related retail, food service and, recreational uses on approximately 6.6 acres of City -owned waterfront property located at 3501 Rickenbacker Causeway, Virginia Key, Miami. Florida, and the inclusion of a future option for the development of the adjacent leasehold site, the Rickenbacker Marina, with 21.448 acres of waterfront City -owned property, located at 3301 Rickenbacker Causeway. Thi's�l esolution further selects a certified public accounting firm and appoints members to a review committee to evaluate proposals and report findings to the City Manager as required by the City Charter and Code. BACKGROUND: The Department of Community Planning and Revitalization recommends that the City Commission adopt the attached Resolution in order to implement the UDP process for the development of the aforementioned City -owned property. On April 25, 1996 by Resolution No. 96-283, as amended the City Commission declared the development of a boat yard facility and optional ancillary marine -related retail, food service and recreational uses on approximately 6.6 acres of City -owned waterfront property located at 3501 Rickenbacker Causeway. Also included in the UDP, by amendment, is the adjacent leasehold site, the Rickenbacker Marina, with 21.448 acres of waterfront City -owned property, located at 3301 Rickenbacker Causeway on Virginia Key, a UDP pursuant to City Charter Section 29-A(c) and City Code Section 18.52.9. As further required, a public hearing has been scheduled this day to take testimony regarding the contents of the RFP and to consider its issuance. Furthermore, the Charter and Code go on to require that a certified public accounting firm (CPA) be selected and a review committee be appointed to evaluate proposals to be received in response to the RFP. I Honorable Mayor and Members of the City Commission Page two A competitive selection procedure was conducted by the Development Division of the Department which solicited proposals for evaluation services from CPA firms. Proposals were received and evaluated according to established criteria and a value point system by members of City staff. The top ranked firm was awarded a contract under this same solicitation for the Dinner Key UDP, consequently it is recommended that the award for the Virginia Key Boat Yards go to the second ranked firm: Verdeja and Gravier, a Hispanic - owned firm located within Dade County at 999 Ponce deLeon Blvd., Coral Gables, Florida.. The City Manager recommends that the following individuals be appointed to serve on the review committee for this UDP project. Members have been recommended based on their experience and knowledge in fields related to the subject development. MEMBERS OF THE PUBLIC David Berley, Waterfront Board Member j Neil Shaver, Attorney Jorge Luzarraga, Restauranteur Spencer Meredith, Marina Operator CITY OFFICIALS, EMPLOYEES Nancy Fernandez, Asset Management Enrique Nunez, Department of Community Planning and Revitalization Phil Luney, Finance Department Z. 1i CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANL I l TO Walter J. FoemaIl DATE September 12, 1996 -FILE I City Clerk SUBJECT II Request for Public Hearing Ads Commission Meeting of 9/26/96 FROM Jack L REFERENCES. Direct _ Co unity 1 g and Revitalization ENCLOSURES The Department of Community Planning and Revitalization requests your assistance in advertising the "Notice of Public Hearing" in connection with the following Unified Development Project at the time and date specified below. Copies of the advertisement and a computer disk are attached. I I PROJECr'777' DATE Virginia Key Boat Yard September 26, 1996 9:00 a.m. Redevelopment Project Issuance of RFP, Selection of CPA and Appointment of Review Committee i - Please charge the costs of advertisement to Account No. 561301 - 287. Should you have any questions, please contact Gareth Leuschner at 416 - 1427. i I i cc: Christina Cuervo, Assistant City Manager Arlene Weintraub, Assistant Director Dianne Johnson, Development Chief (� Elvi Gallestegui, Agenda Coordinator -/ Gareth Leuschner t 1 i L I G tad Z I d3S 95 ant! ��; ',^`,`�'�'•{ 1 1 '"' sc`''6 3 I CITY OF MIAMI, FLORIDA NOTICE TO THE PUBLIC PLEASE ALL TAKE NOTICE THAT a public hearing will be held by the City Commission of the City of Miami, Florida, on September 26, 1996 at 9:00 a.m. in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of hearing any comments from any interested parties regarding the contents of the draft request for proposals for the "VIRGINIA KEY BOAT YARDS REDEVELOPMENT PROJECT', a unified development project for. the redevelopment of a boat yard facility and optional ancillary marine -related retail, food service and recreational uses on approximately 6.6 acres of City -owned waterfront property located at 3501 Rickenbacker Causeway on Virginia Key, Miami. The Unified Development Project and RFP would also include the adjacent leasehold site, the Rickenbacker Marina, with 21.448 acres of waterfront City -owned property, located at 3301 Rickenbacker Causeway, Virginia Key, Miami, Florida, as a future optional site for redevelopment and operation of a boat yard facility, marina and optional ancillary marine -related retail, food service and recreational uses. As further required by City Charter Section 29-A(c) and City Code Section 18.52.9, at the public hearing the City Commission will also consider the selection of a certified public accounting (CPA) firm and the recommendation of the City Manager for the appointment of persons to serve on a review committee to evaluate unified development project proposals and report findings to the City Manager. All interested persons are invited to appear and may be heard concerning this matter. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based. s , Walter J. Foeman City Clerk I _r i 1 � ,.. �• I 5 G J-96-586 9/17/96 RESOLUTION NO. A RESOLUTION, WITH ATTAC'iW�S, AUTHORIZING THE CITY MANAGER, TO ISSUE A REQUEST FOR 7PROPOSALy ("RT'F") ► IN .0tMSTANTIALLY 'I M A71"ACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT CONSISTING OF THE DMLOPMENT OF A BOAT YARD FACILITY AND OPTIONAL ANCILLARY MARINE-R-ELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON APPROXIMATELY 6.6 ACRES OF CITY -OWNED WATBRFROiTi PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, AND INCLUDING AS AN OPTION FUR YVI:URi. WSVSLUh'N1bNT, AV AL)LUTIO NA14 21,448 ACRES OF CITY -OWNED WATERFRONT PROPERTY KNOWN AS THE RICRTNAACKER MAAINA, LOCATMD AT 3301 RICEMACXER CAUSEWAY, FOR MARINA, BOAT YARD AND OPTIONAL ANCILLARY MARINE-F2LA= RETAIL, FOOD SERVICE AND RECREATIONAL USES; APPOINTING MMIB13RS TO A RRVIEW COMMITTEE AND SHLECrING A CERTIFIED PUBLIC ACCOUNTINC ("CPA'" FIRM TO EVALUATE PROPOSALS AND REPORT FINDING TO THE CITY MANAGER; AND FURTHER AUTHORIZING THE CITY MANAGER TO N13CO'IA'TU AND BXHCM AN AGREE=Tr, IN X FORM ACCEPTABLE TO TEM CITY ATTORNEY, WITH T10 S]3LECTE.D CPA FIRM, FOR THE EVALUATION OF SAID R PS . WHEREAS, Section, 29A (c) of the Charter of the City of Miami, Florida, as amended, and Section 18-52.9 of the Code of the City of Miami, Florida, as amended, provide for a (°Unified Development ProjeCt" ("`MP") process to govern the development of inTrovements► to real property owned or to be acquired by the City of Miami; and t WHEPWS, t a Apri1 25, 1996, purs,.ant to ReroluL.IQLI No. 96-283, as amended, the City Commission determined that the development of a boat yard facility and optional ancillary marine -related retail., food service and recreational uses on approximately 6.6 acres of City -owned waterfront property located at 35.Ul Rickenba.cker Causeway, Virginia Key, Miami, Florida, would boat bo accompliched using the MP proceEc to obtain an integrated package of development services from the private sector that includes planning, design, construction, leasing and management of the proposed improvements; and WHERE, by action of the City Commission on July 11, 1996, said UDP is to include, as a future optional site, the adjacent City -owned waterfront site known as thP Ri rIcAnharker Marina, CoMosed of 21.448 acres of submerged and upland property, located at 3302 Rickenbacker Causeway, Virginia Key, Mjatrd., Florida, for development and operation of a marina, boat yard and optional ancillary marine -related retail, food service and recreational uses; a=d WHEPJ S, as directed by said Resolution, the City Manager has authorized the Department of Commmity planning and Revitalization to prepare the attached Request for proposal ("RFP") for the subject MP, which is being considered at a duly advertised public hearing; and W=RMAS, the City Charter roquirro that UDP ptoposals be evaluated by a reviews committee consisting of an appropriate number of City officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the City Manager; aad 2 - ep WfMRSAS, review committee membership has been recommended by the City Manager; and WHEREAS, the City Charter also requires that L'DP proposals be evaluated by an independent Certified Public Accountancy (CPA) firm, which shall include at least one member with previous experience in the type of development in question; and WFM=A,S, competitive selection procedures wet'e followed to recommend the CPA firm named herein; and WHEREAS, in order to have the CPA firm in place to begin evaluations of the proposals immediately upon their receipt, it is recommended that the City Manager be authorized to negotiate and, immediately execute the necessary agreement with said firm; NOW, =MF0P.?, B9 IT R.RS4LVRD 13Y TAR CommisSloN oP TXg CITY OF MIAMI, FLORIDA: s 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 City Manager is hereby authorized to issue a Request for Proposals ("RFP"), in substantially the attached form, for a Unified Development. Project ("TJDP") , to consist of a boat yard facility and optional ancillary marine - related retail, food service and recreational .uses on approximately 6.6 acres of City -owned waterfront property Located at 3S01 Rickenbacker Causeway, Virginia Key, Miami, Florida, and including, as an option for future development, an additioaal 21.488 acres of City -owned waterfront property known as the Rickenbacker marina located at 3301 Rickenbacker Causeway, - 3 - Virginia Key, M.Lami, Florida, for marina, boat yard and optional ancillary marina -related retail, food service and recreational uses. Section. 3, The Certified Public Accounting firm of Verdeja and Gravier is hereby selected to evaluate development proposals received in connection with said RFP for the Virginia Xey Boat Yard and the optional property of Richenbacker. Section 4. The City Manager is hereby authorizedl/ to negotiate and execute an agreement, in a form acceptable to the I City Attorney, with the Certified Public Accounting firm of Verdeja and Gravier for said proposal evaluations. Section 5. The following individuals are hereby i appointed as membere of the review committee which is to evaluate each proposal and render a written report of its findings to the City Manager, including any minority opinions: MMME 2S Oki ITE PUBLIC DevId Berley, imcorfr= noard x=ber Ly= Lery .a, Atto=ejr Norge Lazarraga, Resta=ateur 4 Spencer Htarid nth, Marina Gporator i r'ITY oF'FIX 3 jRMP OYBES N�rfe� F�rr9�.nr3�z, A���t gem8!nk r-sique ftnez, Dep:rrtamt of comity P2awing and .Re7italizatior2 Dl212 Luney, Flnmce De�remenc Section 6. This Resolution shall become effective i immediately upon its adoption. t i The herein authorigation is further subject to cotuplsance with all requirements that may be imposed by the City Attorney, including but not limited to those pre2cribed by applicable City Charter and Code provisions. 4 . 10 nn rtir 1 REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR THE VIRGINIA KEY BOAT YARDS RICKENBACKER CAUSEWAY Miami, Florida ISSUE DATE: October 9,1996 CITY or, TALI Joe Caroilo, Mayor Wifredo (Willy) Gort, Vice -Mayor Richard P. Dunn, II, Commissioner Tomas Regalado, Commissioner J.L. Plummer, Jr., Commissioner Merrett R. Stierheim, City Manager A. Quinn Jones, III., City Attorney Prepared by: Department of Community Planning and Revitalization Development Division P.O. Box 330708 Miami, Florida 33233-0708 Tel. (305) 416-1400 Proposals Due: 2:00 p.m., Thursday, January 23,1997 TABLE OF CONTENTS I. PUBLIC NOTICE....................................................................................................................................................I II. OVERVIEW.......................................................................................................:....................................................2 A. INTRODUCTION...............................................................................................................................................2 B. AREA LOCATION AND CHARACTERISTICS...........................................................................................4 C. DESCRIPTION OF SITE....................................................................................................................................7 1. LOCATION..............................................................................................................................:.......................7 2. AREA................................................................................................................7 3. EXISTINGFACILITIES.......................................... ........ ......: ...........'.... ..............,...........? 4. ENVIRONMENTAL CONDITIONS.........................................7 S. ADJACENT USES ......................................................... ........9 6. EXISTING UTILITIES....................................................... .. ..........9 7. REVIEWOFAD.IACENTCITYLEASES .....................................:. ......... .......: .......:..............10 8. BAYSIDE SEAFOOD RESTAURANT INC....................................................... ............. .............................. 10 D. LEASE TERM............................................................................................ ..............10 E. FINANCIAL.. RETURN TO DIE CITY - FAIR MARKET VALUE..............................:................................10 1. FORM OF LEASE PAYMENTS.....................................................................................................................10 2) MINIMUM RENT.................................................................................................:............c..........................I1 3) APPRAISAL TO DETERMINE FAIR MARKET VALUE .............................. ........................ 11 4) PAYIENTSCHEDULE................................................................................. . ...........12 F. TAXES................................................................................................................ ..... ................12 G. ZONING....................................................................................................................... ............13 .. ...................... H. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS..............................................................14 I. UNIFIED DEVELOPMENT PROJECT SCHEDULE (TENTATIVE).............................................................16 III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS»..........».............................................17 A. DECLARATION AS A UDP......................................................................... .......................17 B. COMMITMENT OF FUNDS................................................................................... ............. ......................... 17 C. COMMITMENT OF PROPERTY............................................................... ... . ..................... is ....... ..................... D. COMMITMENT OF SERVICES AND MATERIALS.....................................................................................19 E. EXECUTION OF CONTRACTS ..................................................................................................................19 F. RIGHT OF TERMINATION.........................................................................................................................19 IV. ELEMENTS OF PROPOSALS ..» ........................ ».......... ».............. ......».....»»,..»...... »»... ......... ................. »20 . A. DEVELOPMENT OBJECTIVES....................................................................................................................20! B. USE OF PROPERTY.........................................................................................................................................20 1. REQUIRED PRINCIPAL USES............................................................. .. ........................ . 20 2. PERMITTED ANCILLARY USES FOR BOAT YARD................................................................................... 3. REQUIRED ACCESSORYAND ANCILLARY USES................................................................................... 22 C. PROPOSED SITE IMPROVEMENTS..................................................... .................:..........:............I ................ 23 1. STRUCTURES.............................................................25 ..... ........... 2. LANDSCAPING.................................................................. ...........25 3. MARINA AND BOAT YARD ............................................... ......... 25 4. PARKING AND CIRCULATION ........................................ ' : A 25 ... S. GENERAL DESIGN STANDARDS AND GUIDELINES? D. PERMITTING AND LICENSING ......................................... ................ 626 E. ESTIMATED CONSTRUCTION COST.....................................................................................27 F. DEVELOPMENT SCHEDULE...................................................... .:........................27 G. PROPOSED CUSTOMER AND PUBLIC SERVICES ...................... ................................................I....27 Isc.�.: 14 [i B.MANAGEMENT, MAINTENANCE AND OPERATIONS ............................................................................. 28 lFINANCING STRATEGY .................................................... ............................................................................. 8 lCOMPOSITION AND QUALIFICATIONS OF THE b0TITY6i CONSULTANTS.................................................................................................................................................... 29 /. GENERAL ............................. ............................................................................ ............................................ 2V 2. C...................................................'.......'......'......^'...^^^'...^.........~^...^^^'^^...^^^''`...'.... 29 3. A&D QUALIFICATIONS ------.-,.~....._---.........-,.......-....29 4. CHANGES TO THE TEAM --.,_—...~.~.........-..~..........,...,..30 5. BACKGROUND CHECKS -----------.--.,.............-..-.-...-.....~.--'....J0 ~ ADDITIONAL ^ -------------~-'~^--'-'~--''~'^-r—~'^-''---~~--~` y���DNOBITY6tLOCAL Fl8D� -__...'-.....--..~-....._~.'.'-..--.-...' 1 V. PROPOSAL A.3DBMITDALPROCEDURES .......................................................................................................................... 32 B. DEVELOPNENT PROPOSAL CONTENTS ............. ..................................................................................... 33 VI. EVALUATION CRITERIA A.INITIAL REVIEW OFPROPOSALS FOR COMPLIANCE WITH R.FP......................................................... 36 I3.REVIEW CDN%H7TEEEVALUATION CRITERIA ..................................................................................... 37 y' 0 VERALL PLAN& DESIGN OF THE PROPOSED DEVELOPMENT ---...-----.---.----..37 Z PROPERTY ENHANCEMENT ---------------------------'~-~^------~-''~~ 3. INCL USION OF ------_----'_-'_-_.'--.-_-..~_--_'--JB 4. AL4NAGEMENT AND OPERATIONS %.-............................................................................................ 38 Y�3]��K�3�'----_----' 39 S. FINANCL4L CAPABILITY --'--'--_-----------._------. ' 391 OF THE PROPOSING ENTITY '.........................'.................... ...... 39 7 CAPABILITY OF THE DE VEL OPMEAIT ENTITY AND CONSUL TAArTS _-. -....-4B 8. EXTENT OF ----------------..-.--.--..,.....---.--48 9\ OF LOCAL EL4yfjS ---.----.---------.-.----'_....-._--...--4J C.CPA FIRM EVALUATION CRITERIA ........................................................................................................... 4l VXI. TERMS AND CONDITIONS OF PROPOSED LEASE ,42 A. AUTHORIZATION ---._.-.--_--------.-_-...--'-_~--'-----'-.--.-_'...~.----.-_4% EkTERMSAND CONDITIONS ............................................................................................................................ 42 ' VIII. OPTION A. OVERVIEW . ~ ,^ . ^~ .^ ~.^~^~.' . ' ^ . 43 � B.}QEQDEST _ ELEMENTS -' PROPOSALS ............................................................... ..-_,~.-.-.-.---_ i'5 APPENDICES APPENDIX A. City of Miami Charter and Code - applicable sections APPENDIX B. Pertinent Legislation APPENDIX C. Summary - Dade County Manatee Protection Plan APPENDIX D. City of Miami Baywalk/Riverwalk Design Standards and Guidelines APPENDIX E. City of Miami Minority and Women Business Affairs end Procurement Program: Article IV.S., Sections 18-67 - 18-77 of the Code of the City of Miami; Ordinances 10062, 10538 and 11272 ' APPENDIX F. Source List APPENDIX G. Option Request Form EXHIBITS EXHIBIT 1. Sketch of Survey (includes Legal Description) EXHIBIT 11. Declaration, Professional Information, and Financial Forms EXHIBIT III. Minority Participation Forms; Office Location Affidavit EXHIBIT IV Sketch of Survey (Optional Property, Rickenbacker Marina) ]FIGURES 4 FIGURE I Regional Location Map FIGURE 11 Area Location Map FIGURE III Site Location Map. I' FIGURE IV Powerboat Racing Pit Area Map ' FIGURE V Option Property Location Map FIGURE VI Option Property Site Location Map I. PUBLIC NOTICE The City is seeking Unified Development Project Proposals for the development of certain commercial and recreational water -dependent facilities, and ancillary related uses on up to 28.08 acres of City -owned, waterfront property and adjacent bay bottom lands located on Virginia Key, Miami, Florida (the "PROPERTY"). The City, through this offering, seeks to procure from the private sector an integrated package of services consisting of planning and design, construction, leasing and management of the proposed commercial and recreational development. The PRIMARY PROPERTY being offered includes 5.625 acres of upland contiguous to the Marina Stadium Basin and up to 1.007 acres of adjacent submerged (bay bottom) lands in the Marina Stadium Basin, a total of 6.632 acres, located at 3501 Rickenbacker Causeway. Development shall include a boat yard, dry storage, marina and ancillary related uses including marine related retail and a prepared foods concession. As an optional offering, a Proposer may elect to include in its proposal an interest in acquiring the optional rights to enter into a subsequent lease agreement for the development and operation of the "OPTION PROPERTY", a 21.448 acre parcel located at 3301 Rickenbacker Causeway, said rights to be exercised at the conclusion of the lease of the existing tenant in the year 2009. Development and use of the OPTION PROPERTY shall include marina, and ancillary marine -related retail, and a prepared food concession. For the purposes of this RFP, the "PROPERTY" shall be taken to mean both the "PRIMARY PROPERTY" and "OPTION PROPERTY". All proposals shall be submitted in accordance with the Request for Proposals document (RFP) which may be obtained on or after the issue date from the City of Miami Department of Community Planning and Revitalization; contact by mail at PO Box 330708, Miami, Florida 33233-0708, in person 444 SW Second Avenue - 3rd Floor, or telephone (305) 416-1400. This document contains detailed and specific information regarding the parcel of land contemplated for development, the uses the City is seeking, the submission requirements and selection procedures pertinent to this Unified Development Project. The cost of the RFP document is $20 per copy, and requests for the RFP should be accompanied by check (cashier's check or money order preferred). The cost of the RFP may be reimbursable only upon the return of a clean, unmarked document to the City within two (2) weeks of the deadline for submittals. The City will conduct a Pre -Submission Conference on October 23, 1996 at the Community Plar:!ning and Revitalization Department offices. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective developers are invited to attend. The Pre -Submission Conference is intended to provide opportunities to review the contents and requirements of the RFP, to answer questions of potential proposers, and for prospective parties to network toward forming development teams. The City will conduct an on -site inspection tour of the PRIMARY PROPERTY immediately following the Pre -Submission Conference. Proposals must be delivered to Walter Foeman, City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133, by 2:00 p.m., Thursday, January 23, 1996 and those proposals received will be opened publicly on that day. The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, to waive any irregularities in any proposal, or to reject any or all proposals and to re - advertise for new proposals, in accordance with the applicable sections of the City Charter and Code regarding Unified Development Projects. Furthermore, until such time as a lease agreement is executed by the City, the selected proposer shall not have any vested rights, nor title or interest in the PRIMARY PROPERTY or in the development proposed thereon. Merrett R. Stierheim City Manager Adv. No. **** 18 1 II. OVERVIEW A. INT'RODUCT'ION The City is seeking Unified Development Project Proposals for the development of certain commercial and recreational water -dependent facilities, and ancillary related uses on up to 28.08 acres of City -owned, water front property and adjacent bay bottom lands located on Virginia Key, in Miami Florida (the "PROPERTY"). The City through its offering, seeks to procure from the private sector an integrated package of development services consisting of planning and design, construction, leasing and management of the proposed commercial and recreational development. . The PRIMARY PROPERTY being offered includes 5.625 acres of upland contiguous to the Marina Stadium Basin, and up to 1.007 acres of adjacent i submerged (bay bottom) lands in the Marina Stadium Basin, a total of 6.632 acres, located at 3501 Rickenbacker Causeway. Development shall include a boat yard, dry storage, marina, and ancillary related uses, including marine related retail and a prepared food concession. As an optional offering, a Proposer may elect to include in its proposal an interest in acquiring the optional rights to enter into a subsequent lease agreement for the development and operation of "OPTION PROPERTY", a 21.448 acre parcel located at 3301 Rickenbacker Causeway, said rights to be exercised at the conclusion of the existing lease in the year 2009. Development and use of the OPTION PROPERTY shall include marina, and ancillary marine -related retail, and a prepared food concession. For the purposes of this RFP, the "PROPERTY" shall be taken to mean both the "PRIMARY PROPERTY" and "OPTION PROPERTY". The City Commission has adopted Resolution No. 96-283, as amended declaring that the most advantageous method to develop certain improvements at the PROPERTY is through the Unified Development Project (the "UDP") process that seeks to procure an integrated development package from the i private sector including planning and design, construction, .leasing and, management of the PROPERTY. On September 26, 1996, the City Commission adopted Resolution No.:--- ---- authorizing the issuance of this Request for Proposals (the "RFP" )' as required by the City Charter and Code in applicable sections governing UDP's. Pertinent legislation referenced herein is included in Appendix A. The City Commission shall appoint members to a review committee and select a Certified Public Accounting firm to evaluate proposal submissions and report findings to the City Manager as required by the City Charter and Code sections regarding UDP's. Proposals must present a definitive development program, completion schedule, financial strategy, and management plan respecting all requirements } 2 t,9 t 20 of this Request for Proposals to form the basis for selection by the City. Proposals submitted in response to this RFP shall also include planning and design, financing, and construction of proposed improvements appropriate to the character of the site and the Virginia Key waterfront. The PROPERTY, which is owned by the City, is to be developed, leased, operated, managed and maintained at no cost to the City by the selected proposer who is chosen by the City Commission to develop the PROPERTY under a long term property lease agreement with the City. Any lease agreement entered into for the development of the PROPERTY shall comply with the requirements of Section 3 (f) (iii) of the City Charter, included herein for reference in Appendix A, pertaining to public access and view corridor requirements for City -owned waterfront. The City will conduct a Pre -Submission Conference at 10:00 a.m. on October 23, 1996 at the Community Planning and Revitalization Department, 444 SW 2nd Ave., Miami, Florida, for the purposes of explaining the RFP and to provide opportunities for prospective proposers to raise questions or issues on the RFP, or to network with others who may be interested in forming or joining development teams. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are invited and encouraged to attend. The City will conduct an on -site inspection tour of the PRIMARY PROPERTY immediately following the Pre -Submission Conference. Proposals must be delivered to the Office of the City Clerk, (First Floor Counter) City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., 'Thursday, January 23, 1997. A list of proposers will be made public on that day. Unless specifically authorized by the City, no additions or modifications may be made to the proposals and the entities they represent subsequent to the submission deadline. New and/or current personnel who are not identified in the proposal may not be introduced as part of the proposal entity or its consultants subsequent to the submission deadline, unless specifically approved by the City. Except for public hearings and scheduled presentations, contact with the. City regarding this RFP or any aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City Manager or his designee, Jack Luft, Director, Department of Community Planning and Revitalization, until such time as the successful proposer is determined by the City Commission. All questions or requests for additional information should be addressed in writing to Jack Luft, Director, City of Miami, Department of Community Planning and Revitalization, PO Box 330708, Miami, Florida 33233-0708. Any response to such questions or requests that could potentially impact proposals will be furnished to all proposers in the form of an addendum to this RFP. v The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re -advertise for new proposals, in accordance with applicable sections of the City Charter and Code. Any proposal deemed to be non -responsive or not responsible will be rejected. A responsible proposer is one that has the capability in all respects to fully perform -the requirements set forth in the proposal and the proposed lease, and that has the integrity and reliability which will assure good faith performance. A responsive proposer is one that has submitted a proposal that conforms in all material. respects to the RFP. Thus, for example, a proposal that has not substantiated the financial capability of a prospective proposer may be rejected. To identify the proposal deemed most advantageous to the City, the City's consideration shall include, but not be limited to: the proposer's experience, the capability of the development entity and its consultant(s), the amount of return offered to the City, the proposer's financial qualifications and capability, the overall design of the proposed development, the extent of minority participation, and the evaluation by the City of all information submitted in support or explanation of the proposed development of the PROPERTY. Furthermore, until such time as a lease agreement is executed by the CITY, the selected proposer shall not have any vested rights, nor title or interest in the PROPERTY or in the development proposed thereon. Right To Re'ect all Proposals: Pursuant to City Charter Section 29-A, sub- section (c)(6), the City reserves the right to reject all proposals and further, to terminate the UDP process and/or contract after a public hearing in the event of any substantial increase in the City's commitment of funds, property, or services, or in the event of any material alteration of any contract thus awarded. Reservation: The information contained in this RFP is published solely for the; purpose of inviting prospective proposers to consider the development opportunity described herein. Prospective proposers should make their own investigations, projections, and conclusions without reliance upon the material contained herein. B. AREA LOCATION AND CHARACTEIRISTICS The PRIMARY PROPERTY to be developed is located in the area of Miami Mknown as Virginia Key, which is an island to the east of the City as shown in Figure 1. - Regional Location Map and Figure 2. - Area Location Map. Virginia Key is entirely publicly owned and consists of a diverse natural and man made environment ranging from mangrove forests to regional tourist marine 4 � ,Ca _m.. .1e 21 AelVIRGII11I1 Key nowryflRr4 Regional location Fig.1 221C..-, attractions, a public high school, rowing clubs and public beaches. Adjacent to the PRIMARY PROPERTY is Marine Stadium, a 6600 seat grandstand facility for the staging of marine shows, concerts and boat races. The island is directly accessed from Interstate 95 and U.S. Highway 1 on the mainland four miles to the west by Rickenbacker Causeway, a four lane, median divided toll roadway. Along Rickenbacker Causeway one mile to the southeast: of the Property is Key Biscayne, an island known for its large regional public recreational beaches and parks and the community of Key Biscayne C. DESCRIPTION OF SITE 1. LOCATION As shown in Figure 3. Site Location Map the Property is bordered on the east by Marine Stadium, on the north by the Marine Stadium Basin waterfront, in the west by Rickenbacker marina (the OPTION PROPERTY) and on the south by a parking lot and Rickenbacker Causeway 2. AREA I The area of the PRIMARY PROPERTY is a maximum total of 6.632 acres, the boundaries of which are shown on the Sketch of Survey included herein as digit I. The PRIMARY PROPERTY consists of 5.625 acres upland and 1.007 acres submerged lands. 3. EXISTING FACILITIES The existing publicly -owned improvements are to be included in the future leasehold. Other than the inspection conducted on the date of the pre - Submission Conference, the PRIMARY PROPERTY and its facilities will be open for inspection by appointment only. Contact Raul de la Torre, Marinas yManager, Dinner Key Marina (305) 579-6980 to schedule an appointment Existing Facilities Include: m Office/retail structure of approximately 4000 square feet of enclosed floor area Restaurant concession consisting of approximately 4000 square feet.,' of outdoor deck dinning area and 2000 feet of enclosed kitchen and dinning area. Boat ramp ® Approximately 290 dry rack slips (existing rack structures are included in this leasehold offering) 2,000 gallon fuel storage tank (single wall) with dispenser. m Assumption of lease contract for term balance on Fork Lift. 4. ENVIRONMENTAL CONDITIONS: The PRIMARY PROPERTY includes a maximum of approximately 1.007 acres of bay bottom land located in the Miami Marine Stadium Basin. Any 7 24 ''"p L 26 proposed development shall conform to the prescriptions and requirements of effective environmental regulations governing same. As of the issue date for this RFP, there are no areas located within the PRIMARY PROPERTY that are considered sensitive or protected habitats. Note that all operations of the proposed development shall also conform to existing environmental regulations and permitting requirements. Under the Manatee Protection Plan, as drafted by Metropolitan Dade County's Department of Environmental Resources Management, Major regions of the navigable waters in Biscayne Bay are designated Essential Manatee Habits. The PRIMARY PROPERTY is located outside of Essential Manatee Habitats, as Miami Marine Stadium Basin is not designated an essential manatee habitat. However, The Proposer should be aware that adjacent waters of Biscayne Bay are designated essential manatee habits and a copy of the Manatee Protection. Plan should obtained and reviewed by The Proposer. A summary of the Dade County Manatee Protection Plan is included as Appendix C. Prior to the execution of a lease agreement by the parties, the CITY will allow the successful proposer to conduct environmental investigation(s) of the PRIMARY PROPERTY, subject to such conditions and limitations as may be imposed by the City Manager, including, without limitation, requirements for supervision by the City, disposition of reports, and execution of any legal documents. The resolution and/or remediation of the results of such investigation(s), if or as required, shall be the subject of negotiation between the City and the successful proposer. 5. ADJACENT USES The PRIMARY PROPERTY is bordered to the west by a wet slip marina and dry rack storage boat yard (both components of the OPTION PRIMARY PROPERTY) and the Rusty Pelican. East of the PRIMARY PROPERTY is the Miami Marine Stadium, a 6,000 seat amphitheater facility for marine events and concerts, the Miami Rowing . Club and the Marine Science and Technology (MAST) High School of thy` Dade County School System's magnet program. The Seaquarium, a 30 acre marine entertainment park, lies one half mileto the southeast on the south side of Rickenbacker Causeway The PRIMARY PROPERTY and it's facilities will be open for inspection to.. prospective proposers by appointment only . Contact Eduardo Rodriguez, Director of Assets Management, at telephone (305) 416-1450 for an appointment. 6. EXISTING UTILITIES The site and structures are currently served by water, sanitary sewer, electric and telephone utilities. Plans showing detail of underground utilities 9 ISCIA r may be available from the City Public Works Department, Central Files, PO Box 330708, Miami, Florida 33233-0708 or 444 "SW Second Avenue, telephone (305) 416-1200. 7. REVIEW OF ADJACENT CITY LEASES It is strongly recommended that proposers review the terms and conditions of leases and subleases for the other City -owned parcels, copies of which are on file with the City's Office of Asset Management. Said files for the PRIMARY PROPERTY and adjacent City facilities will be open for inspection to prospective proposers by appointment only. Contact Nancy Fernandez of the Office of Asset Management, (305) 416-1450 for an appointment. 8. BAYSIDE SEAFOOD RESTAURANT INC. At the May 30, 1996 meeting, the City Commission adopted Resolution No. 96-334, whereby Bayside Seafood Restaurant Inc. (the "Permittee"), located at 3501 Rickenbacker Causeway, was granted approval to undertake a maximum of $25,000 worth of repairs to the restaurant facility plus another maximum of $10,000 worth of repairs to the restroom facilities, for a total of $35,000 worth of repairs. The City of Miami . is to provide a credit on the Permittee's monthly use fee for a maximum period of one year until the total cost of the repairs made by the Permittee are repaid. If the selected proposer of this RFP were to enter into a lease agreement with the City of Miami for the Virginia Key Boatyard before the Permittee is fully repaid, then the selected proposer would be required to pay off the outstanding balance, if any, due by the City to the Permittee for the stated repairs. D. LEASE TERM The City will enter into a lease agreement with the selected proposer for the,; development of the PROPERTY described herein for a maximum term of 25' (twenty-five) years, with 2 (two), 5 (five) year renewal options. Proposals for shorter lease terms are preferable to the City. The structure and the term' of the lease will be a matter for negotiations with the successful proposer. E. FINANCIAL. RETURN TO THE CITY - FAIR MARKET VALUE 1. FORM OF LEASE PAYMENTS In accordance with City Charter Section 29B, the City may not consider any sale or lease of City property unless the City shall receive fair market value for such sale or lease. In submitting a proposal, each Proposer shall make e 10 ��27 J an offer of annual lease payments to the City which shall conform to the following format: a minimum annual guarantee or a percentage of gross receipts, whichever jLgLeater. Different percentages of gross receipts may be offered for the different operations included in the proposal. Proposals shall include sufficient analyses of costs and revenue to justify the proffered figure as "fair market value" according to the details of its development and management programs. Each Proposer shall specifically state in its Proposal that it agrees that its annual lease payments will meet or exceed fair market value, if its proposal is accepted by the City. 2) MINIMUM RENT Annual lease payments (base rent and/or the percentage(s) of gross receipts) offered to the City in a proposal may be negotiated upwards by the City depending on the extent and quality of improvements proposed, and may similarly be subject to incremental escalation over the lease term. Additionally, minimum annual lease payments may be adjusted annually according to the Consumer Price Index over the lease term. The City has required in a previous Request for Proposal (Issued May 30,1995) a minimum annual lease payment of $180,000 (which may be adjusted annually subject to Consumer Price Index increases over the lease term) or the combined minimum percentages of gross revenues as follows: 10% of gross boatyard revenues, and 7% of gross retail sales including fuel and commercial sublease revenues, and 7% of gross prepared food and beverage sales. 6 il APPRAISAL TO DETERMINE FAIR MARKET VALUE Fair market value will be determined according to the following process. The proposal that is conditionally accepted by the City Commission will be subject to an appraisal of the use as proposed by two (2) Master Appraiser Institute (MAI) qualified appraisers, which will be selected by the City and have documented experience in assessing properties of the same or similar uses. The proposer submitting said proposal will be given an opportunity to present its' proposal, as well as supporting documentation, to the appraisers. Should the result of those two appraisals reveal that the Proposer's offer does not meet fair market value, then the Proposer shall be given the opportunity to revise its' offer so that it meets or exceeds said value. In the event said Proposer is unable (or unwilling) to revise its original offer, it may remove its proposal from consideration or it may, at its own cost and expense, procure a reconciliation appraisal. The appraiser performing the reconciliation appraisal shall also be MAI 11 �,�`c��� � P �• 3 qualified, have documented experience in assessing properties of the same or similar uses, and be subject to the approval of the City. In the event a conditionally accepted proposal is removed from consideration during this process to determine fair market value, the City may then, at its option, conditionally accept the proposal ranked next by the Review Committee, or the City Manager, as applicable, or the City may terminate the active RFP process and solicit new proposals. A proposer whose proposal is thus removed from consideration will reimburse the City for City's costs in securing appraisals. 4) PAYMENT SCHEDULE Lease payments to the City are due and payable upon the commencement of the lease, and the minimum guarantee is generally divided into twelve monthly installments due in advance of each month. The City may, during the course of negotiations with the Successful Proposer, consider alternative payment schedules, as may be suggested in the proposal, to address initial permitting, construction and start-up phases of the project. Alternative payment schedules, if accepted by the City, shall be considered only an interim deferral of the required rental payment(s) and not a reduction or waiver of them. Further, since. annual payments cannot be waived by law, any deferred payments may be subject to market interest payable to the City. All payment schedules shall be subject to the ultimate approval of the City Commission. E. TAXES All entities contracting with the City under the UDP process shall be obligated to pay whichever is the greatest of the following: (1) all applicable ad valorem tames that are lawfully assessed against the PRIMARY PROPERTY, or (2) an amount equal to what the ad valorem taxes would be if the PRIMARY PROPERTY were privately owned and used for a profit - making purpose. Such taxes shall not be credited against any revenue/ accruing to the City under any contract that may be awarded under the UDP process. Estimated Current Ad Valorem Taxes: Assuming an estimated appraised land value of $1,140,000 and an estimated project improvement cost of $1,500,000 the total assessed value for both land and improvements would be estimated at $2,640,000 representing 80% of the total estimated appraised value. The resulting estimated annual property tax, based on the 1995 millage rate of 30.7275 would be $81,121 These estimates are for illustrative purposes only. Ad Valorem taxes, if assessed, will depend on the value of the proposed improvements and the then current assessed value 'of the land. 1 12 ) G. ZONING i The City of Miami is presently undertaking all necessary actions to secure a 1 C-1 Restricted Commercial zoning designation for the subject property, pursuant to all applicable State and City approvals. The successful proposer shall be responsible for obtaining the applicable zoning permit(s) and or variances from the City of Miami, as well as approval from Dade f County Shoreline Review Committee prior to construction. As described in Ordinance 11000, the Zoning Ordinance of the City of Miami, Florida, the following uses are allowable in districts with a zoning designation of C-1 Restricted Commercial: 1. Commercial marinas, boat rentals and piers. 2. Recreational buildings and facilities.b 3. Playgrounds, play fields and parks.b 4. Parking lots, parking garages.a 5. rental establishments.a 6. Restaurants, cafes and private clubs.a a) Permitted outright as principle uses. b) Subject to " Class I Special Permit" administrative review by the zoning division. c) Subject to "Special Exception" public hearing procedure and compliance with standards and limitations set forth on section 924 of Ordinance 11000, the Zoning Ordinance of the City of Mial-ni. By virtue of the public hearing process pursuant to which this RFP obtained official sanction from the City Commission, the uses described in this document have been approved in concept. Procedurally certain uses I allowed under this RFP will require review by pertinent City agencies,.., departments and/or boards as to the design and appropriateness of the"% { proposed facilities. Such reviews processes are intended to ensure compliance with the intent and provisions of the Zoning Ordinance and City Code. All prospective proposers must ensure that their proposed development complies with all applicable zoning laws. For details of allowable uses and applicable requirements of the C-1 Restricted Commercial zoning district please contact the Department of Community Planning and Revitalization, attn.: Lourdes Slazyk, Assistant Director, PO Box 330708, Miami, Florida, 33233-0708 or 444 SW second Avenue-3rd Floor, telephone (305) 416-1435. i 30 13 f H. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS The proposal selection process is set forth in Section 29-A(e) of the Charter of the City and Section 18-52.9 of the Code of the City. This process shall be implemented as follows: 1. Solicitation of development proposals from qualified developers. 2. Initial review of proposals received in response to the RFP by City staff, to determine compliance with RFP minimum submission requirements as set forth in Section VI.A. 3. Evaluation of responsive proposals by a Certified Public Accounting firm in accordance with criteria specified in Section VI.C. 4. Evaluation of responsive proposals by Review Committee appointed by the City Commission in accordance with criteria specified herein in Section VI.13. 5. Independent report of findings and recommendations submitted to City Manager by CPA firm and Review Committee. 6. City Manager. recommendation to the City Commission of one or more of the proposals, based on the findings of the CPA firm and recommendations of the Review Committee, or alternatively, the City Manager's recommendation that all proposals be rejected. 7. City Commission acceptance/rejection of City Manager's i recommendation and authorization to negotiate a lease agreement with the selected proposer whose proposal is determined most advantageous to the City, subject to the parties concurrence as to Fair Market Value. 8. Determination of Fair Market Value and concurrence of the parties. 9. Negotiation of lease agreement between the City and the selected proposer. 10. City Commission authorization to execute the negotiated lease agreement with the selected proposer. The selected proposer shall have no vested rights, nor title or interest in the PROPERTY or' in the development proposed thereon until such time as a lease agreement is fully executed. Scheduling of the proposed lease agreement on the ballot of the next available referendum for approval of the voters if less than three (3) proposals were received. 11. Approval of the lease agreement by a majority of the municipal electorate at a referendum, if less than three (3) proposals are received by the City in response to this RFP. ti 14 ' F' 31 Issuance of the RFP Wednesday, October 9, 1996 Proposal Pre -Submission Conference/Site Tuesday, October 23, 1996 Inspection 10:00 a.m. Location: Dept. Community Planning &, Revitalization 444 SW Second Avenue - 3rd Floor Miami, Florida 33130 Site: 2640 S. Bayshore Drive Coconut Grove Proposal Submission Deadline Thursday, January 23, 1997 Location: Office of the City Clerk 2:00 p.m. Miami City Hail - First Floor Counter 3500 Pan American Drive Dinner Ivey Miami, Florida 33133 Initial Review of Proposals'(by staffl Friday, January 24 , 1997 Review Committee Meeting for Instruction January 29, 1997 CPA Firm's initial evaluation of Proposals made February 10, 1997 available to Committee Review Committee Meeting(s): CPA Firm presents its February 17, 1997 Findings to Committee, Committee Interviews Qualified Proposers Recommendations from the Review Committee and February 23, 1997 ® CPA Firm to the City Manager Recommendation from the City Manager to the City March 12, 1997 Commission for Selection of One or More Proposals and Authorization to Negotiate Lease - or - Rejection of all Proposals Determination of Fair market Value by appraisal March 1997 rocess Begin Lease Negotiations with Selected Proposer Aril 1997 City Commission Authorization to Execute Negotiated May 1997 Lease and, if necessary, Scheduling of Referendum Ballot Item Referendum of Voters if necessary) May 1997 Execution of Lease June 1997 f III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS This RFP is being issued in accordance with City of Miami Charter Section 29 and City Code Section 18-52.9, which are incorporated herein by reference and included as Appendix A. The following information highlights certain (but not all) requirements for UDPs. A. DECLARATION AS A UDP The City Commission determined and declared by Resolution that, for the development of improvements on City -owned property or property to be acquired by the City, it is most advantageous to the City to procure from the private sector one or more of the following integrated packages: (1) planning and design, construction and leasing; or (2) planning and design, leasing, and management; or (3) planning and design, construction, and management; or (4) planning and design, construction, leasing and management from a private entity. The City Commission adopted Resolution No. 96-286, as amended, declaring that the most advantageous method to develop certain improvements on the PROPERTY is by a UDP process that seeks to procure an integrated development package from the private sector including planning and design, construction, leasing and management of the PROPERTY. B. COMMITMENT OF FUNDS 1. City: The City shall not provide funds or financing for the development contemplated by this RFP. 2. Selected proposer: a) Debt Financing, Rent & Reimbursements: The selected proposer is required to provide adequate equity and commitment for debt financing to finance all aspects of the proposed Unified Development; of the PROPERTY. The selected proposer is required to provide the City with a minimum guaranteed annual rent as specified in Section II. E. "Financial Return to the City". Upon both parties' execution of the lease agreement, the selected proposer shall reimburse the City for any and all direct costs incurred. in evaluating all proposal submissions, including but not limited to: appraisal fees, the professional services of the certified public accounting firm selected by the City Commission, and all advertising and printing costs related to this UDP, as well as any costs which may be incurred by the City during permitting processes. (Refer to Section IV. D. Permitting and Licensing", page 26.) The City shall deposit in local banking institutions all moneys collected as a result of this UDP/ RFP. b) Performance Bond: Simultaneous with execution of the lease agreement, the selected proposer shall be required to furnish the City with a Performance and Payment Bond, in customary form utilized for commercial transactions involving private sector principals in Dade -County, and in the amount equal to the total estimated cost of the PROJECT improvements, but not less than $1,000,000 as stated in Section ICI. Estimated CONSTRUCTION Cost" on page 27 of this RFP. c) Security Deposit: Simultaneous with execution of the lease agreement the selected proposer shall be required to furnish the City a security deposit equal to the one half (50%) of the first year's minimum rent. Such security deposit shall be in the form of cash, cashier's check or an acceptable Irrevocable Letter of Credit issued by a financial institution acceptable to the City. Such security shall be used for purposes deemed appropriate solely by City, including delinquent lease payments, and is to be replenished by Lessee within a time period specified by City. d) Proposal Deposit: Submission of the proposal shall include, as evidence of the proposer's creditworthiness and ability to meet its' proffered financial commitment for the development, $25,000 in the form of cash or a cashier's check. Such funds collected by the City shall be reimbursed to all but the Selected Proposer upon the selection of the apparent most advantageous proposal. Note that the City may require the submitter of the next ranked proposal to return said deposit in the event the conditionally accepted proposal is removed from consideration during the appraisal process (see Section II.F.2. "appraisal to Determine fair market value" on page 11). C. COMMITMENT OF PROPERTY The PROPERTY and its improvements are offered "as is" by the City for development and long term management. No representations or warranties whatsoever are made as to the condition, state or characteristics . Expxess warranties and implied warranties of fitness for a particular purpose or use and habitability are hereby disclaimed. Testing, audits, appraisals, inspections, and the like desired or necessary to submit a proposal shall be at the sole expense of the prospective proposer. Reports regarding the PROPERTY, including any appraisal reports, that the City may have in its possession are available as public records. The City intends to enter into a lease agreement for the PRIMARY PROPERTY with the selected proposer. (Refer to Section II.D) The term of the lease p � 1 '3 5 agreement to be entered into between the selected proposer and the City shall be a maximum of forty (40) years, though the City prefers a shorter term. The lease agreement shall be structured to provide the City with a minimum jguaranteed annual rent or a percentage of gross revenues, whichever is greater. City -owned property is held in public trust and cannot be mortgaged, pledged, liened or subordinated in any way as a part of the lease agreement. All leasehold improvements shall become the sole property of the City upon the expiration of the lease agreement. D. COMMITMENT OF SERVICES AND MATERL4,LS All City services such as police and fire protection, which are routinely provided I to any private development within the City, shall be provided to the selected proposer by the City. E. EXECUTION OF CONTRACTS Upon the conclusion of the UDP process as required by applicable City Charter and Code provisions, including any required voter approval, the lease agreement for the PROPERTY shall be signed by the City Manager or his duly authorized designee after approval thereof by the City Commission. The selected proposer shall not have any vested right, title or interest in the PROPERTY until such time as the leasehold agreement is executed by the City. F. RIGHT OF TERMINATION In addition to any other right of termination available, any substantial increase in the City's commitment of funds, property, or services, or any other material alteration of any contract awarded for a Unified Development Project shall entitle the City Commission to terminate any contract including the lease after a public hearing. Prior to such public hearing, the Commission shall seek and obtain a report from the City Manager and from the Review Committee that evaluated the proposals for said project, concerning the advisability of the City. exercising its right. The City shall have no liability with regard to its exercise of said right and the selected proposer shall bear all of its own costs with respect thereto. As stipulated in Subsection (e)(4) of Charter Section 29-A(c), "substantial increase" shall be defined as a 10% or more increase to the City's proposed. commitment of funds, property and/or services, and "material alteration" shall be defined as a failure to comply with all aspects of the proposal except as may be specifically permitted in writing by the City Manager. { 36 19 ,,.�•��51 7_1;1 IV. ELEMENTS OF PROPOSALS Respondents to this RFP are advised that the following factors should be addressed in the proposals and each will be critically evaluated. A. DEVELOPMENT OBJECTIVES Proposals must meet the City's development objective of compatibfle public/private utilization of the Property. Proposals must preserve, provide and maintain marine boat yard services for the boating community, enhance public access to and enjoyment of the Biscayne Bay waterfront at Virginia Key. Aesthetics of the development will be an important consideration in the evaluation of proposals. Whether a proposal is to refurbish and expand existing .facilities or to build new facilities, the City expects the improvements to respect the local environment and be responsive to the waterfront setting. Of special concern is the view of the boat rack storage facilities from the waterfront and from Rickenbacker Causeway and proposed landscape treatment to screen such views. B. USE OF PROPERTY The principle use of the PRIMARY PROPERTY shall be a dry rack storage boat yard facility. Ancillary uses of the facility allowed by the City, at the option of the Proposer including marine -related retail space, restaurant and convenience services for recreational boat users as options. All uses provided for shall be non-exclusive uses. Please note that the City reserves the right to review and approve any subleases that may arise from this RFP and a clause to that effect may be included in the lease agreement. Any additional proposed or allowable uses not considered by this document, such as Gambling or similar type uses that may become legal during term of this lease will be subject to the City's review, approval and renegotiated terms and conditions including the Provisions for lease payments and percentages of gross revenues attributable to such uses. 1. REQUIRED PRINCIPAL USES al Boat Yard Facility The Successful Proposer shall be required to provide, enhance and maintain a boat yard facility which may offer boat hauling, dry rack storage for up to 296 vessels (or the maximum permitted by law), boat cleaning, and minor repairs and basic maintenance services for marine water craft. Minimum or maximum vessel size and weight will be dependent upon the depth of the adjacent waterway. 20 f '" 37 m The boat yard facility may provide for minor boat repairs and basic maintenance by marine trades persons which may include, without limitation, electrical, mechanical, plumbing, planking, rigging, carpentry, hull and engine repairs. The successful proposers the additionally allow the opportunity for individual boat owners to perform repairs, general maintenance and to make improvements to their private vessels, independent of such services as may be provided by the operator or tenants. It shall be the responsibility of the successful proposer to ensure that any hull repairs, painting, scraping and engine repairs allowed by Lessee be conducted in full compliance with all applicable City, County, State and federal regulations governing noise, odor and air pollution controls. Proposers are additionally advised that any improvements to the existing boat yard and dry rack storage facilities must comply with current federal, state and local code requirements including life safety regulations. Required Services: The proposal shall include the services listed below, as well as such additional improvements as may be required to accommodate same. (a) dock master services during normal working hours to oversee hauling and departure activities. (b) twenty-four (24) hour security and other emergency services as may be required by the U.S. Coast Guard, local police, and other agencies with jurisdiction + 2. PERMITTED ANCILLARY USES FOR BOAT YARD Ual Boat Yard / Marina Office The redevelopment plan may include space for use as the dock master's office, offices for the management and slip rental operations of the boat ` yard, and office space for marine/boat yard trades, craftsmen, and/or/� designers and for other permitted uses and activities. The City recommends a maximum of 5,000 square feet for this purpose. (b) Marine Fueling Facility Proposers are offered, as an option, the right to sell and pump marine fuel (diesel and/or gasoline) from the PRIMARY PROPERTY. Other than existing equipment, fuel tanks (above ground tanks are preferred) and dispensing equipment shall be constructed at Proposer's sole cost and expense and shall conform to all local, state and federal regulations. Said right to sell and dispense fuel shall be non-exclusive. As a City leasehold, the operator may be required by the U.S. Coast Guard, local 41 21 � R police and other enforcement agencies to provide after-hours and/or emergency fueling. jet Marine Recreation Concessions & Amenities Marine related concessions may be provided and may include charter fishing and dive boats, sail boat, canoe and/or kayak rental, and related seivices and amenities, such as picnic facilities. Jet ski rentals, such as those currently existing, are permitted. However, proposers are advised that long term use of the stadium basin for jet skis may be inconsistent with recent Dade County imposed bans on jet ski use in surrounding waters of Biscayne Bay due to conflicts with recreational boaters, swimmers, wind surfers, manatee and other protested wildlife. The City may at any time impose a ban on jet ski use within the Marine stadium Basin, and, within 90 days notice, terminate all rental or sales of jets skis on the PRIMARY PROPERTY. (d) Food Service Concession One (1) prepared food and beverage concession is permitted for service to Boat Yard tenants, employees and visitors. Such concession may offer indoor and outdoor seating, the design and operation of which shall be compatible with and complimentary to the character of the adjacent waterfront. (e) Boat Yard / Marine Related Retail The boat yard may include an array of marine and boat yard related retail to serve the needs of the boaters and boat yard tenants to include general provisioning (such as a "ships' store"), packaged and fresh foods, marine electronics, parts and equipment, sundry goods, convenience supplies, marine apparel, and boating, marine, scuba, fishing and related goods. A recommended guideline is a maximum of 6,000 sq. ft. of total enclosed floor area for this purpose. Marine retail facilities may,, also include boat brokerage or boat dealer operations. 3. RE_pUIRED ACCESSORY AND ANCILLARY USES Proposers are advised that the below listed accessory and ancillary uses are a requirement of any proposed development program for the PROPERTY. a) Public Boat Ramp Proposers shall maintain a boat ramp for public launching. However, the Lessee may be permitted to close the ramp to the general public at certain times, with CITY approval. The successful proposer may additionally seek authorization from the CITY to charge a fee for the use of the boat ramp. 0 22 S ' t 39 B) Marine Stadium Pit Area Proposers are advised that primary use of the marine stadium basin is for the staging of marine related events, most notably power boat races and other similar uses. In the past these events have necessitated the use of a portion of the marina site (fronting on the water) and the protected inlet adjacent to the boatyard facility, directly in front of the existing seawall, for use as a staging area and pit stop during events. The crews for these vessels require an area to launch the boats prior to the event and to perform work on them during the race. If the marine stadium site cannot accommodate this use within its own property, then it will be necessary, during certain scheduled days of the year, to locate them on the boatyard property along the shoreline. This use does not preclude the ingress and egress of vessels stored at the boatyard, which will utilize a dedicated channel parallel to the shoreline. Please review Figure 4. "Powerboat racing pit -area", for more information. C) B ay Walk The proposed development project shall provide and maintain for the community's benefit, a bay walk along the sea wall edge at the Marine Stadium Basin, and shall include seating, lighting and landscaping. D) Parking Proposed development projects shall provide and maintain on the PROPERTY parking area(s) to service the primary and ancillary uses of the project, in sufficient quantity to comply with the City of Miami zoning ordinances. Emphasis should be given to the configuration and landscaping of parking areas, including the minimization of impervious surfaces. All maintenance of parking facilities will be the responsibility of the successful proposer. :, C. PROPOSED SITE IMPROVEMENTS The proposal shall schematically describe all proposed improvements tothe PRIMARY PROPERTY including site improvements, structures and the general. uses pertaining thereto. All improvements, including those to existing structures, shall comply with all applicable local, state and federal codes and ordinances, including the South Florida Building Code. The Selected Proposer will be responsible to obtain all required permits and approvals from all agencies having jurisdiction. 23 �o 40 42 1. STRUCTURES The design of new structures and/or the refurbishing of existing structures shall be aesthetically designed to harmonize with the subtropical climate of South Florida, the natural environment of Biscayne Bay, and Virginia. Key waterfront. Design concepts will be critically evaluated in the selection process. The overall height, mass and location of any new structures shall not diminish the natural beauty of the waterfront, which should remain the dominant feature(s) of the site. The construction of any new structures shall conform with the view corridor and public access requirements set forth in Section 3(mm) of the City Charter included in the RFP under Appendix A. 2. LANDSCAPING A schematic landscape plan shall be submitted identifying areas of proposed vegetation - existing (to be retained) and new plantings - accompanied by a typical landscape materials list. Public and circulation areas shall be aesthetically enhanced by appropriate landscape treatments. Xeriscape design and use of native plant species are encouraged. Landscaping shall generally meet "xeriscape" design standards incorporating native plant species with drought- and salt - tolerant characteristics. 3. MARINA AND BOAT YARD Improvements to the PRIMARY PROPERTY for boat yard use shall be aesthetically harmonious with the subtropical climate of South Florida, the natural environment of Biscayne Bay, and shall complement or enhance the character of the Virginia Key waterfront. Roofing of all storage racks for protection of vessels, and siding to visually screen the racks is considered desirable. 4. PARKING AND CIRCULATION The selected proposer shall be required to design and construct parking. facilities on site in sufficient quantity to service all primary and secondary uses included in the project and in compliance with applicable zoning requirements. Such required on -site parking, and all utility, loading and/or service areas shall be organized, appropriately landscaped, and bermed or screened from surrounding areas, streets and adjacent property. Proposals shall also include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development, in addition to the public access amenities required along Biscayne Bay (the bay walk) and compatibility and access to adjacent properties. 25 � SIT 5. GENERAL DESIGN STANDARDS AND GUIDELINES? a) Wherever possibie, and particularly in public areas, utility lines shall be located underground, concealed within architectural and/or landscaping features, or suspended below walkways. b) Electric service shall be principally through a primary meter e) - Vehicular circulation roads shall, be paved. d) A unified design for all components of signage will be required, and shall be compatible with the general character of the site. D. PERMITTING LAND LICENSING The Selected Proposer, at its sole cost and expense, shall be responsible for I acquiring all required permits, licenses and approvals from all agencies with i jurisdiction, including, but not limited to, the City, Metropolitan Dade County, the State of Florida and public utilities. All improvements must comply with all applicable building, fire, zoning, health and other code requirements. The City will assist through expedited review procedures, to the extent permitted by law j and regulations. Developments of Regional Impact - The City makes no representations and has no analysis or information as to whether the development contemplated by this RFP constitutes a Development of Regional Impact (DRI) as defined by Florida Statutes Section 380.06. If it is determined that the proposed development is subject to Development of Regional Impact review and procedures (or a successor or similar law), the selected proposer shall be solely responsible for making all applications and/or seeking all authorizations required by law, at the proposer's sole cost and expense. For more information on. this process please contact Ms. Julia Trevarthan at the South Florida Regional Planning Council, 1-800-985-4416. Impact Fees - Current City of Miami impact fee regulations provide that; the proposed development of the PROPERTY is not subject to the imposition or payment of City developmental impact fees. It is the responsibility of the proposer to determine, based upon the full proposed development scheme and all uses for the PROPERTY, the full extent of all impact fees to be assessed by Metropolitan Dade County and/or other agencies with jurisdiction. The City will assist the selected proposer in securing the most equitable assessment of impact fees for the final approved project. tl 26 ��C, r::] ME E. ESTIMATED CONSTRUCTION COST The proposal must include a detailed construction cost estimate for the entire proposed development. The total cost of all physical improvements shall be not less than one million dollars ($1,000,000). The value of any existing improvements on the site shall not be credited towards meeting the required one million dollar cost of all improvements. The City is seeking net added value to the PRIMARY PROPERTY of not less than $1,000,000 in new improvements. P. DEVELOPMENT SCHEDULE The City will require the development of proposed improvements to commence within three months from the transfer of the leasehold PROPERTY to the selected proposer. The proposal must include a development schedule which takes into account the commencement date required by the City and which delineates the development of each significant improvement. Termination and force majeure clauses will be included within the lease agreement to insure reasonable compliance with the proposed development schedule. In evaluation of proposals, the timetable for completion of the proposed construction shall be considered along with the proposer's plans and commitment to minimizing the impact of construction on the use of the site. All proposed development must be completed within the time period specified in the schedule given in the proposal. Any and all proposed physical improvements to the PROPERTY must be completed and capable of public use within 18 months from the date of transfer of the leasehold PROPERTY to the selected Proposer. Extensions of time may be granted by City only in cases of extreme circumstances beyond the control of the ,Successful Proposers, such as unusual permitting delays. G. PROPOSED CUSTOMER AND PUBLIC SERVICES Each Proposal shall describe levels of customer and public services to be provided by the operator, including, but not limited to 1. Security and Emergency Preparedness - Policies, procedures and proposed staffing for providing 24 hour security to the PROPERTY; emerggTicy preparedness procedures, particularly for marina and boat yard operations, as well as the waterfront in general. 2. Customer Service Programs - Detailed information should be provided on developer/operator experience in the marina and boat yard industry. Each proposal shall include plans to implement customer service programs to assure high levels of consumer satisfaction for users and visitors. 27� �'G t�a�-- 3. Employee Guidelines - Provisions for training employees and maintaining standards of conduct to ensure quality delivery of customer and visitor services including proposed guidelines for employee appearance and uniforms. 4. Public Access & Amenities - Proposals shall describe the type and extent of access and amenities offered for the benefit of the general public from the Property. H. MANAGEMENT, MAINTENANCE AND OPERATIONS The proposal must include a narrative describing the management and operation of the entire proposed development. Proposers are reminded that the City intends that the PROPERTY be maintained and operated in a manner consistent with the highest industry standards for facilities of its type. The description shall include, at minimum, mission statement, an organizational chart, job descriptions of key positions, brief outline of operating procedures, annual budget, ten year revenue projections, how and where the activities/operation will be advertised, indication of which businesses are intended to be operated by proposer and Which businesses are intended to be subleased or to be operated under a management contract, sublease requirements (if any), operating schedule, and maintenance program, including planned major maintenance schedule. If independent management services are to be involved, then the applicable forms included herein as Exhibit If to this document must be completed by management contractors. I. FINANCING STRATEGY The proposer shall provide, as part of the proposal, a description of the financing strategy for all building and site improvements including public spaces and amenities associated with the development. Prior to its execution of a lease agreement, the City will require written evidence of a firm and irrevocable commitment of all funds necessary to construct, equip, and initiate; operation of the proposed Project for a stabilization period determined by the City. The City reserves the right to further evaluate and/or reject fznanc�ng commitments when the term, the identity of the financing source or other aspect of such financing is deemed not in the best interest of the City or the project. A ,� J. COMPOSITION AND QUALIFICATIONS OF THE DEVELOPMENT (PROPOSING) ENTITY & CONSULTANTS I 1. GENERAL Proposals shall include the professional qualifications and credentials that demonstrate the development entity's ability to successfully undertake and complete development of the PROPERTY. The proposal must contain information sufficient to demonstrate the ability of the development entity and its consultant(s), if any, to plan, design, construct, lease and manage a . campground facility with any and all related services and amenities proposed in accordance with the development program outlined herein in this Section. The Development Entity is hereby defined as the proposing entity (the legal entity: corporation, joint venture, partnership, one or more individuals) with whom the City will contract for the leasehold agreement. 2. CONSULTANTS The consultant(s) to the Development Entity, if any, may be one firm possessing all the required expertise or may be several individuals or firms which combined possess all the required expertise. Consultants may include professional planning and design consultants and sub -consultants, general contractor and/or construction manager, and operational and management consultant(s). Consultants and subconsultants may submit with more than one Development Entity. However, the Development Entity (including individual members thereof) shall only submit as part of one submission and shall not be part of any other submission in any capacity. 3. EXPERIENCE AND QUALIFICATIONS The Development Entity, itself or through its consultant(s), if any, shall; substantiate its experience in all aspects of development and management of the facilities proposed, subject to compliance with the qualifying criteria specified in Section VI.B.1. The Development Entity and/or its consultant(s) shall, at minimum, demonstrate professional expertise in each of the below listed disciplines. Copies of currently effective licenses (for both individuals and businesses, as applicable) shall be included in the proposal. Architectural: registered to practice architecture in the State of Florida as required by Chapter 481, Part I of the Florida Statutes, Architecture, and 46 29�c1 • AM shall have substantiated experience in the design and development of the specified primary uses. Engineering: registered to practice engineering in the State of Florida as required by Chapter 471 of the Florida Statutes, Professional Engineers and shall have substantiated experience in the design and development of primary use facilities contained in the proposal. Landscape Architectural: registered to practice landscape architecture in the State of Florida as required by Chapter 481, Part II, Landscape Architecture, of the Florida Statutes. General Contracting or Construction Management: licensed as a general contractor in the State of Florida and shall have substantiated experience in managing and performing construction of facilities of similar type and scope as the primary use facilities contained in the proposal. Operations and Management: shall have proven experience in marina and boat yard operations and management, and relevant service and industry experience. If ancillary services .are proposed as part of the development, the Development Entity and/or its consultant(s) shall document measurable relevant experience in each field(s) or area(s) of such ancillary services, i.e., educational, cultural, commercial leasing, retail operations. 4. CHANGES TO THE DEVELOPMENT TEAM Unless specifically authorized by the City, no additions or modifications may be made to the proposals and the entities and/or consultants they represent subsequent to the submission deadline. New and/or current personnel who are not identified in the proposal may not be introduced as part of the proposal entity subsequent to the submission deadline, without City approval. Respondents must notify the City in writing immediately if any firm or individual presented in its original submission, either as part of they Development Entity or its consultants, becomes unavailable to continuer Any such change may result in the removal of the proposal from consideration, at the City's option. 5. BACKGROUND CHECKS All principals of the development entity may be subject to a background check by the Miami Police Department. (For the purposes of this RFP, principal" shall be defined as the general partners, stockholders owning 5% or more of the corporate stock, and all corporate officers.). 6. ADDITIONAL INFORMATION Exhibits II and III include forms soliciting detailed information which must be completed and submitted with the proposal. K. MINOYtITY & LOCAL FIRM PARTICIPATION Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and regulations, including the City's Minority and Women Business Affairs and Procurement Program included herein in .Appendix E. The City of Miami adopted Ordinances No. 10062 and 10538, and subsequent amendments, to stimulate participation of qualified minority/worian-owned firms/sole proprietors (M/WBE's) in all City projects. Minorities are expected to be an integral part of the development entity and its consultants, to participate substantially in construction contracts and I jobs, and to comprise a significant part of the permanent management team, ancillary businesses and work force created by the development. For the purpose of proposal evaluation, "significant" minority participation in the Development shall be defined as not less than 30% of the proposing entity with each minority group (black, Hispanic, and female) having not less than 5% each. As evidence of minority compliance, proposers are required to complete the applicable forms included in Exhibit III. All firms/sole proprietors seeking to participate as M/WBE's must be certified with the City's Minority/Women Business Program and meet all requirements of the above cited Ordinances prior to the submission of a proposal. All firms/sole proprietors, regardless of minority status, must submit an affirmative action policy statement, in compliance with; said Ordinances, a sample of which is included in Exhibit III. Respondents are encouraged to include in the composition of the Development Entity, businesses or firms whose primary offices are located in the City of Miami. City occupational licenses shall be provided as proof of location for businesses located in the City. In addition, included in Exhibit III herein is the City's "Local Office Affidavit Form" which shall be completed, by Proposers as appropriate. For proposal evaluation purposes, the Review Committee shall award points for local firm participation based on the criteria established herein. (Refer to Section VI.B.) A local firms) shall be defined as a firm having its primary business office established within the City municipal limits. The firm shall have a current occupational license issued by the City and shall have submitted a completed Office Location Affidavit. Credit shall be given those proposals which include local firms as participants. 0 48 31 g ��� V. PROPOSAL SUBMISSION REQUIREMENTS Submissions received in response to the RFP shall meet all requirements specified in this Section. Submissions deficient in providing the required information shall be determined non -responsive by the City and shall be ineligible for further consideration. A. SUBMITTAL PROCEDURES A complete proposal submission package shall be delivered to the City as follows: 1. One (1) original and nineteen (19) copies of bound proposals in an 8-1 /2"x 11" format and one set of board- mounted illustrative drawings not to exceed 30" x 40". 2. Proposal submissions must be marked "Unified Development Project Proposal for Virginia Key Boatyard Redevelopment" and addressed to: Jack Luft, Director City of Miami Community Planning and Revitalization Department 3. Proposals must be received at: Office of the City Clerk City of Miami, City Hail (First Floor Counter) 3500 Pan American Drive Dinner Ivey Miami, Florida 33133 4. The submission package shall be submitted not later than: 2:00 P.M. Thursday, January 23, 1997 i The time deadline and proposal receipt location will be strictly adhered to by the City. No proposals shall be received or accepted after 2:00 p.m., January 23, 1997 or at any other City office location, other than the City Clerk's Office (First Floor Counter). 5. Proposal submissions must be accompanied by: A Proposal Application Fee: a non-refundable cashier's check in the amount of $2,000 made payable to the City of Miami. Funds accompanying the proposal submission will be used by the City to cover actual expenses for advertising, printing, and mailing incurred by the City in preparing and issuing the RFP. Expenses incurred in 32 7 8 Asr 49 evaluating proposal submissions, in excess of the total amount collected from all proposers, shall be reimbursed to the City by the selected proposer upon the City's execution of a lease agreement. B. DEVELOPMENT PROPOSAL CONTENTS 1 Prospective proposers shall address and include the following items as part of their proposals: la. Development Plan: Narrative description of all aspects of the plan and a schedule of amenities, including: • Overall site development • Number of new buildings, if any, and use, square footage, height of each • Description of disposition, renovation and adaptive reuse of existing facilities • Number, size, type and description of recreational, educational, and/or other ancillary or public amenities • Description of proposed operations by unit and category (marina, boat storage, retail, food and beverage, office, etc.) and approximate square footage • Architectural features • Methods of construction • On site parldng requirements • Permitting and environmental issues 1b. Illustrative Drawings: Prepared by a registered design professional and board -mounted, size not to exceed 30" x 40" Conceptual Site Plan - Schematic site plan showing use areas by type, vehicular access and circulation roads, pedestrian paths and schematic planting plan, existing buildings to be renovated and all proposed new structures. Perspective -isometric illustrations are not required. Models will not be accepted for review. 2. Development Schedule: a graphic time line or schedule detailing all phases of the development including planning and design, permitting, construction, and operations. 3. Capital Investment: a written statement indicating the dollar amount to be spent on permanent physical improvements to the PROPERTY, and an inventory or schedule of said improvements. 4. Management/Operating Plan: A narrative detailing the management approach to the PROPERTY, including, without 33 �f ,' AM 5. limitation: mission statement, operating parameters and budget, revenue projections, cash flow analysis, sublease requirements (if any), operating schedule, organizational structure of operations, job descriptions of key positions, employment plan and proposed customer & public services. Marketing and Feasibility Plana - Identification of primary and secondary markets for each type of primary (and major secondary) facility and/or service proposed and a description of the strategies to be utilized for attracting acid strengthening those markets. The market analysis should be sufficient to address the economic feasibility of the development as proposed. Return to the City - A stated commitment of annual lease payments to the City in the format of a minimum guaranteed rent versus percentage(s)� of gross revenues. A stated commitment to adher,n to the City Charter requirement for compensation at least equal to fair market value. Financing Strategy and Evidence of Financial Capability: A. Financing Strategy - a description of the financing strategy to be utilized for capital construction and initiation of operations, to be accompanied by revenue projections through 10 years of operation. B. Letters of reference from financial institutions demonstrating proposer's relationship to same and documenting the proposer's ability to finance all aspects of. the proposed development, and indicating commitments to extend such financing. C. Financial Statements - Recent (as of 1996) Financial Statements (audited statements preferred) for each principal of the proposing entity. (For the purposes of this RFP, "principal" shall be defined as the general partners,-` stockholders owning 5% or more of the corporate stock, and all corporate officers.) Note that financial statements are exempt from disclosure under public records regulations, therefore these documents shall be placed separately in a sealed package or enveloped and marked "Financial Statements". D. Proposal Deposit - The required $25,000 payment stipulated in Section III.B. Commitment of Funds" beginning on page 17. I. Organization and Experience A. Table of Organization - The organizational structure presented in graphic form depicting the proposing entity and its professional consultants, including the names, affiliation and addresses of all principals. This includes any and all - general partners, stockholders owning 5% or more of the corporate stock, corporate officers, and executives and top management of the Development Entity. B. Forms - Completed Declaration, Financial and Professional ' Information forms as detailed and included as Exhibit 11. C. Resumes of key individuals to be involved in the proposed development D. Other documentation of the proposer's (Development Entity's) and consultants' past experience in development and management of projects of similar scope and complexity within the same or clearly similar sphere on endeavor. E. Licenses - Individual Engineers, Architects and Landscape Architects must submit current Certificates of Registration or Licenses, and corporations or partnerships in those fields must submit current Certificates of Authorization II. Minority Participation and Affirmative Action Plan. Completed Minority Participation Documentation forms from Exhibit 111, as evidence of minority participation pursuant to the goals set forth in the City's Minority and Women Business Affairs and Procurement i Program, and a copy of Proposer's currently affective Affirmative Action program. ' III. Local Firm Participation: City occupational license(s) and City "Office Location Affidavit" from Exhibit I11, demonstrating the j participation of local firm(s), if any, in the Development Entity or its consultants. I R 35 52 �8`" VI. EVALUATION CRITERIA 6 1 Review procedures and the selection processes are set by the City Charter and Code of which applicable excerpts are included in Appendix A. of this document. At a public hearing held September 26, 1996, the City Commission authorized the City Manager to issue the RFP. The City Commission shall also appoint a review committee from recommendations submitted by the City Manager and select a certified public accounting (CPA) firm, both to evaluate submitted proposals. The review committee appointed by the City Commission will render a written report to the City Manager of its evaluation of all responsive and responsible proposals. The review committee shall evaluate each proposal based on the criteria established herein. The review committee has the authority to recommend one or more, or none, of the proposals as it deems to be in the best interest of the City. The recommendation of the committee shall be accompanied by written justification of its decision. The certified public accounting firm selected by the City Commission will render an independent report of its analysis of proposals to the City Manager. The accounting firm shall analyze each proposal based on the criteria established herein. The accounting firm shall present its preliminary findings regarding each proposal to the review committee prior to the review committee completing its deliberations. A. INITUL REVIEW OF PROPOSALS, FOR COMPLUNCE WITH RFP Proposals shall be reviewed initially by City staff for compliance with all requirements set forth in the RFP. Each proposal shall be checked to ensure that: 1. . All development proposal elements and documentation listed in Section IV. and V. have been included in the proposal submission. 2. The required number of copies and one original of the proposal; the board -mounted illustrative drawings, and the proposal application fee of $2,000, have been received by the deadline date and time and at the correct location. During this initial review, and prior to the start of deliberations by the review committee, Proposing Entities may be contacted to cure proposals which contain non -material, non -substantive defects as determined solely by staff, such as an out of date certification. If notified of such 0 36 deficiency, the proposer shall correct such deficiency within five (5) working days of its receipt of notification. B. REVIEW COMMITTEE EVALUATION CRITERIA The following specific evaluation criteria and their respective assigned weights shall be used by the Review Committee for purposes of rating and ranking the proposal- submissions. In accordance with City administrative policy, each proposal is given a subjective score (from 0 to 6) for each criteria, which is then multiplied by the respective weight. Weighted Criteria Value Overall plan & design of the proposed development ............. 10 Property Enhancement........................................................ 10 Inclusion of Option.................................................................5 Management & operations ................................................... 15 Financial return to the City ................................................. 10 Financial capability of the Development Entity Experience of the Development Entity .................................. 10 Capability of the Development Entity & Consultants............ 10 Extent of minority participation ........................................... 10 c Local firm(s) participation...................................................... S Total 105 s: Proposers are encouraged to format their proposals to conform to the outline of factors described below, which will be utilized by the review .' committee in evaluating the proposals: 1. OVERALL PLAN 8a DESIGN OF TIME PROPOSED DEVELOPMENT (weighted value 10 points) • Fulfillment of the City's established development objective; extent and commitment to the required primary and ancillary uses; demonstrated commitment for public access and water -dependent and recreational uses. • Appropriateness and quality of the design as a boat yard and marina, and as related to the character of the site and the waterfront. v 37 54 • Harmonious and/or complementary integration of optional primary uses into the site. • Appropriateness and quality of the design of any new structures and any reuse of existing structures. • Successful and harmonious interface and/or connection to adjoining public property. • Imaginative and creative treatment of: public access, particularly at water front, other public spaces, exterior space, circulation, view corridors, landscaping, graphics, signage and lighting. • Efficiency of site design and organization, and compatibility of uses. • Range and mix of uses and amenities; extent of public access and amenities. 2. PROPERTY ENHANCEMENT (weighted Value 10 points) • Specific experience of development entity or consultant(s) in the rehabilitation of commercial property. • Sensitivity of overall design to the tropical environment which is the essence of the Virginia Ivey waterfront. • Extent and continuity of enhancements throughout the site 1' • Provision of facilities for the use by community organizations for educational purposes. • Provision of legible and complimentary signage. i; t - 3. INCLUSION OF OPTION PROPERTY (weighted value 5 points) • Inclusion of the OPTION PROPERTY offered in Section VIII of this proposal is considered valuable to the success of the overall project. • A vision of the unified project for the future. • Applicable plans and program of development. 4. MANAGEMENT AND OPERATIONS (weighted value 15 points) • Appropriateness and practicality of stated goals, objectives and policies of management plan. • Viability, practicality and comprehensiveness of management plan, including such elements as: mission, operating parameters and budget, k. revenue projections and cash flow analysis, personnel organization and staffing plan. a ,.' 38. �"' 8 1,1 55 56 • Extent and feasibility of marketing plan, proposed facilities and services; and appropriateness of strategies to be utilized for attracting and strengthening those markets. • Management approach to ancillary operations and businesses, particularly relative to stated experience and capabilities and City's objectives. • Extent and quality of programs for maintenance, security, public access, cultural/ educational programs and public and customer services, as applicable. 4. FINA.NCUL RETURN TO THE CITY (weighted value 10 points) • Annual lease payment including a guaranteed minimum annual rental payment or a percentage of gross revenues, whichever is greater. • Term of lease • Dollar value, extent, and timing of capital improvements. • Any additional financial benefit to the City. S. FINANCIAL CA.PAEILITY (weighted value 15 points) • Demonstrated financial capability of the proposing entity as being sufficient to successfully undertake and complete this development. • Proposing entity's track record of financing comparable developments and to successfully finance this development. • Viability of financing strategy, financing mechanism, and funding sources. • Demonstrated feasibility of all aspects of the proposed development substantiated by a market analysis. S. EXPERIENCE OF THE PROPOSING ENTITY (weighted value 10 points) • Qualifications and experience of the proposing entity in planning, design, construction, leasing and management of projects of similar size and scope. • Specific experience of the proposing entity in development, design, leasing and management of marinas, boat yards, and in each of the ancillary types of uses proposed. A minimum of three (3) years experience in boat yard/marina development, management and operation is required. Proposers offering to include optional primary 39 � E uses shall demonstrate a minimum of three (3) years responsible experience in the development, management and operation of the respective facility or facilities. 7. CAPABILITY OF THE DEVELOPMENT ENTITY AND CONSULTANTS (weighted value 10 points) • Overall composition of the Development Entity and its consultant team, including professional qualifications and capability of members, project managers, consultants and subconsultants as related to mandatory primary uses (marinas, boat yard). • Composition and capability of the Development Entity and its consultant team as related to development; construction and management of projects of similar size and scope. • Adequacy of personnel and other resources to successfully undertake and complete the development proposed. • Good past performance in the administration and management of other developments and cooperation with former clients. • Demonstrated ability to meet time schedules and budget. • Architectural/engineering capability and range of experience on similar developments comparable in scope, complexity, and magnitude. • General contracting or construction management capability and range of experience on similar developments comparable in scope, complexity, magnitude. • Qualifications, organization and experience of operational, leasing, and/or management team members. • Qualifications and specified experience of key personnel, project managers and professional consultants in development and management of marinas, boat yards. S. EXTENT OF MINORITY PARTICIPATION ' (weighted value 10 points) • Significant minority/women participation within the proposing entity.,;- • Significant minority/women participation within the consultants to the proposing entity. • Subcontracting and hiring practices during construction. • Opportunities for minorities/women, hiring outreach and training opportunities in relation to leasing, management, operation and maintenance of facilities. • Affirmative Action Plans of Development Entity members. 40 f , 57 (weighted value 5 points) • Proposal submitted by a proposing entity that includes is a local firm or that consists of one or more local firms. • Proposal includes local firm(s) as consultants in the design, construction, leasing, management and/or operations fields. C. CPA FIRM EVALUATION CRITERIA The certified public accounting firm selected by the City Commission will evaluate each proposal prior to evaluation by the review committee. Specifically, the certified public accounting firm shall assess these elements: • the financial viability of the proposing entity, including prior record and experience • the viability of the proposal's financing strategies, sources and structure • the (comparative) short term and long range economic and fiscal return to the City o the proposal's market analysis and marketing plan • the economic feasibility of the proposed development • viability and appropriateness of management plan During the course of its analysis, the CPA firm will examine all materials provided by proposer as well as materials which may be available from other financial institutions such as Dunn &, Bradstreet, and TRW. The accounting firm shall present its findings regarding each proposal to the Review Committee prior to said Committee completing its deliberations. The CPA firm will render an°independent report of its findings to the City Manager. VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT A. AUTHORIZATION Upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of a lease agreement with the selected proposer. The City Attorney's office will provide assistance to the City •Manager or his designee during the negotiation of the lease agreement and must approve the lease agreement as to legal form and correctness prior to its execution. The lease agreement shall comply with all applicable City Charter and Code provisions. Until such time as the lease agreement is executed by the City, the selected proposer has no vested right, title or interest in the subject PROPERTY. B. TERMS AND CONDITIONS The lease agreement _shall address, but not be limited to the following terms and conditions: 1. Lease Term 2. Rent 3. Conditions For Lease (City Charter Section 29-B Requirements). 4. Insurance { 5. Performance and Payment Bond 6. Indemnification 7. Assignment of Lease 8. Restrictions on Use 9. Design, Engineering and Construction of Improvements 10. Preparation of Premises for Development j 11. Operation and Management of Leased Premises j 12. Equity Capital and Mortgage Financing 13. Public Charges/Fees 14. Taxes 15. Maintenance, Repair and Replacement` 16. Condemnation and City "Buy -Out" Provisions 17. Default - Termination 18. Examination of Premises 19. Audit Rights 20. Award of Agreement 21. Conflict of Interest 22. Non -Discrimination 23. Rules and Regulations 24. Compliance with Federal, State and Local Laws 25. Minority Procurement 26. Force Majeure 27. Miscellaneous 42 i e 59 DX�7 � i Li VIII.OP'TION ON THE RICKENBACKER MARINA A. OVERVIEW 1. INTRODUCTION In conjunction with the RFP for the PRIMARY PROPERTY, the City of Miami is offering Proposers the option to enter into lease negotiations with the City for an additional property in the future. The City of Miami has determined that a positive economic relationship could be formed by unifying management of the Rickenbacker Marina and the Virginia Key Boat Yard. To this end, the City of Miami is including, as an option in this Request for Proposal, the adjacent leasehold site, the Rickenbacker Marina (the "OPTION PROPERTY"), located 3301 Rickenbacker Causeway. The option, if and when exercised, and subject to lease negotiations with the City , would require the Successful Proposer (or LESSEE) to the PRIMARY PROPERLY, to provide an integrated package of development services for the OPTION PROPERTY, consisting of planning and design, construction, leasing and management of the proposed commercial and recreational development. The unification of these facilities would result in significant advantages to the CITY and the boating community in terms of property management, physical improvements and marina/boat yard operations. Proposers are encouraged to consider the inclusion of this additional property in their submissions to this RFP. This option, if selected by the Successful Proposer and accepted by the CITY, is intended to be carried by the Successful Proposer through the end of the existing tenant's lease term in the year 2009, with annual compensation to the City until such time as the option may be exercised. Including the option would entitle. ; the Successful Proposer to negotiate a lease with the City, but is NOT a ` guarantee of successful negotiations. The process will follow substantially the same requirements as those in this RFP, as listed below. By virtue of Resolution No. , and Resolution No. 96-283, the City Commission has determined that the most advantageous method to develop certain improvements at the OPTION PROPERTY and the PRIMARY PROPERTY is through the Unified Development Project (the "UDP"). 60 43 ����� The remaining provisions of Section II.A. of this RFP shall equally apply to the OPTION PROPERTY. Proposers are advised to take particular note of these provisions given on p. 4: "Right to Reject All Proposals", and "Reservation.'! 2. AREA LOCATION AND CHARACTERISTICS The OPTION PROPERTY is known as the Rickenbacker Marina located at 3301 Rickenbacker Causeway on Virginia Key, in the City of Miami, Florida. Virginia Key is an island located to the east of the mainland area of the City, as shown in Figure 1. Regional Location Map and Figure 5.Optional Marina Location Map. The remaining provisions of Section II.E. of this RFP shall equally. apply to the OPTION PROPERTY. 3. DESCRIPTION OF SITE a) Location ti j b) . Area The OPTION PROPERTY consists of approximately 21.448 acres of upland and submerged area, as depicted in the survey enclosed as j EXHIBIT IV. j c) Existing Facilities The marina facilities include 182 wet slips and 260 dry slips. Additionally there are three significant structures on the upland property including a 10,000 square foot restaurant building, a 1,500 sq. ft. building housing a dock masters office, convenience store and restrooms, and a 1,000 sq. ft. maintenance structure. d) Environmental Conditions j. The OPTIONAL PROPERTY includes approximately 21.448 acres of bay bottom and upland. Any proposed development within ,the OPTION PROPERTY shall conform to the prescriptions and requirements of effective environmental regulations governing same. As of the issue date of this RFP, there are no areas located within the OPTION PROPERTY that are considered sensitive or protected habitats. Note that all operations of any proposed development shall also conform to existing environmental regulations and permitting requirements. 44� A w at1t7�t:ix?r�Z4t h.sq j'k\ya '{ tt:d,� ♦ } Si�J ! {� l�tri0. t+ 1 to jtt i s T } ♦ . yy.. m r � �j f JV ♦Z ' O i. r .. tt t• r��t�� is � �� Er � i!, '++t! �` ' .'ii�u- c�r'7 ♦ C lt, r -ire` -1 ._ .� 3d y�'+o'isii.. �����...,.-rti �' � s r•± t � t� - � r, •�• -� 'i moo. ! r`Of{ .'^ y, 1 j) +.r ! I `. ,}. � �.{ r �,r= 7 '} i j t#£ _ r YwU'y aK�w ii ! •r y ,a 7.. 1. !•+ .\„fe i '.�. .7i ,� }' taf \ i $ �� t � 4 t y r (. �` ' I � .+� r .� • ' �� ^tR,.ir}ram f'� � _ � t .,+r l � . :. M. The remaining provisions of Section II.C.4. of this RFP shall equally apply to the OPTION PROPERTY. e) Adjacent Uses The provisions of Section II.C.S. of this RFP shall relationally apply to the OPTION PROPERTY. f) Existing Utilities The provisions of Section II.C.f. of this RFP shall, apply to the OPTION PROPERTY. g) Review of Adjacent City_ Leases The provisions of Section II.C.7. of this RFP shall equally apply to the OPTION PROPERTY. 4. LEASE TERM The lease term for the OPTION PROPERTY will run concurrently with the PRIMARY PROPERTY. The term will be for the balance of the 'time remaining on the lease for the PRIMARY PROPERTY at the date the option is executed 5. FINANCIAL RETURN TO THE CITY -FAIR MARKET VALUE a) Form of Lease Payments In accordance with City Charter Section 29B, the City may not consider any sale or lease of City property unless the City shall receive fair market value for such sale or lease. At the time the option is exercised, the Lessee of the PRIMARY PROPERTY shall make an offer of annual lease payments to the City which shall conform to the following format: a minimum annual guarantee or a percentage of gross receipts, whichever. is greater. Different percentages of gross receipts.. may be offered for the different operations included in the proposal.;' The offer shall include sufficient analyses of costs and revenue to justify the proffered figure as "fair market value" according to the details of its development and management programs. Each Proposer shall specifically state in its Proposal that it agrees that its annual lease payments will meet or exceed fair market value for both the PRIMARY PROPERTY and the OPTION PROPERTY, if elected, should its proposal is accepted by the City. b) Minimum Rent Annual lease payments (base rent and/or the percentage(s) of gross receipts) offered to the City in a proposal may be negotiated upwards by the City depending on the extent and quality of improvements ' IS eut- r,� 47 w V+-W 0 proposed, and may similarly be subject to incremental escalation over the lease term. Additionally, minimum annual -lease payments may be adjusted annually according to the Consumer Price Index over the lease term. The City has not previously stipulated a threshold minimum rent for the OPTION PROPERTY. c) Appraisal to Determine Fair Market Value "At the time the option is exercised by the Lessee of the PRIMARY PROPERTY, fair market value for the OPTION PROPERTY will be determined according to the following process. The option offer will be subject to an appraisal of the use as proposed by two (2) Master Appraiser Institute (MAI) qualified appraisers, which will be selected by the City and have documented experience in assessing properties of the same or similar uses. The Lessee will be given an opportunity to present its offer, as well as supporting documentation, to the appraisers. Should the result of those two appraisals reveal that the Lessee's offer does not meet fair market value, then the Lessee shall be given the opportunity to revise its offer so that it meets or exceeds said value. In the event said Lessee is unable (or unwilling) to revise its original offer, it may remove its offer from consideration or it may, at its own cost and expense, procure a reconciliation appraisal. The appraiser performing the reconciliation appraisal shall also be MAI qualified, have documented experience in assessing properties of the same or similar uses, and be subject to the approval of the City. d) Payment Schedule The provisions of Section II.E.4. of this RFP shall equally apply to the OPTION PROPERTY. 6. TAXES The provisions of Section II.F. of this RFP shall equally apply to the OPTION PROPERTY. Current (1995) taxes on the OPTION PROPERTY were $56,951.68. 7. ZONING The provisions of Section II.G. of this RFP shall equally apply to the OPTION PROPERTY. 8. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS Proposals which include the OPTION PROPERTY submitted in response to this RFP will undergo the review and selection process described in Section II.H. A separate process will not be conducted. 9. UNFIED DEVELOPMENT PROJECT SCHEDULE (,TENTATIVE) Proposals which include the OPTION PROPERTY submitted in response to this RFP will undergo the review and selection process according to 48 = 7 8 Id 65 l the tentative schedule described in Section II.I. A separate process will not be conducted. - i B. REQUEST FOR PROPOSALS -GENERAL REQUIREMENTS 1. Declaration as UDP The provisions of Section III.A. of this RFP apply as written. 2. Commitment of Funds a. City: The City shall not provide funds or financing for the I development contemplated by this RFP, nor in the exercise of any options l thereunder.. b. Selected Proposer or Future Lessee: i) Debt Financing, Rent & Reimbursements: The selected proposer or future LESEE is required to provide adequate equity and commitment for debt financing to finance all aspects of the proposed Unified Development of the PROPERTY. The selected proposer -or future LESEE is required to provide the City with a minimum guaranteed annual rent as specified in Section II. E. "Financial Return to the City". Upon both parties' execution of the lease agreement for the OPTION PROPERTY, the selected proposer/future Lessee shall reimburse the City for any and all direct costs incurred in evaluating the all or all offers by Lessee, including but not limited to: appraisal fees, the professional services of the certified public accounting firm selected, any advertising and printing costs, as well as any costs which may be incurred by the City during permitting processes. ii) Performance Bond: Simultaneous with execution of the lease agreement for the OPTION PROPERTY, the selected proposer/future Lessee shall be required to furnish the City with a,.; Performance and Payment Bond, in customary form utilized for` commercial transactions involving private sector principals in Dade County, and in the amount equal to the total estimated cost of the PROJECT improvements for the OPTION PROPERTY, but not Aess than$1,000,000 as stated in Section III, B of this RFP. iiijSecuri�Deposit: Simultaneous with execution of the lease agreement FOR THE option property the selected proposer shall be required to furnish the City a security deposit equal to the one half (50%) of the first year's minimum rent. Such security deposit shall be in the form of cash, cashier's check or an acceptable Irrevocable Letter of Credit issued by a financial institution acceptable to the 66 49 Letter of Credit issued by a financial institution acceptable to the City. Such security shall be used for purposes deemed appropriate solely by City, including delinquent lease payments, and is to be ithin a time period specified by City. replenished by Lessee w iv) Proposal Deposit: Submission of the proposal shall include, as evidence of the proposer's creditworthiness and ability to meet its proffered financial commitment for the development, $25,000 in the form of cash or a cashier's check. Such funds collected by the City shall be reimbursed to all but the Selected Proposer upon the selection of the apparent most advantageous proposal. Note that the City may require the submitter of the next ranked proposal to return said deposit in the event the conditionally accepted proposal is removed from consideration during the appraisal process (see Section III, B. 3. Commitment of Pro e The provisions of Section III, C of this RFP apply as written. 4. Commitment of Services and Materials The provisions of Section III, D of this RFP apply as written. 5. Execution of Contracts The provisions of Section 111, E of this RFP apply as written. 6. Right of Termination The provisions of Section III, F of this RFP apply as written. C. ELEMENTS OF PROPOSALS 1. Development Obyectives The provisions of Section III, F of this RFP apply as written. 2. Use of Pro e This section applies as written with the following exceptions. a. REQUIRED PRINCIPLE USES The OPTIONAL PROPERTY current has in operation 182 wet.. slips and 260 dry slips, this will continue to be operated, as a full service marina. b. PERMITTED ANCILLARY USES FOR BOATYARD AND MARINA 4 j 68 Marine related concessions will be allowed within the facility and may include charter fishing, dive boat, boat rental and related services. Boat Yard/ Marina may include boat brokerage. The City recommends not more than 15% of total manna slips. 4. PROPOSED SITE IMPROVEMENTS The provisions of Section IV,C of this RFP applies'as written. 1. STRUCTURES 2. LANDSCAPING 3. MARINA AND BOATYARD 4. PARKING AND CIRCULATION_ 5. GENERAL DESIGN STANDARDS AND GUIDELINE 5. PERMITTING AND LICENSING The provisions of Section IV, D of this RFP applies as written. 6. ESTIMATED CONSTRUCTION COST This section is written to include an additional $1,000,000 of investment to be used for the improvement of the OPTION PROPERTY. This investment minimum of $1,000,000 is not a guaranteed amount, it should be regarded as a minimum figure and could increase over the life of the option. 7. DEVELOPMENT SCHEDULE The provisions of Section IV, F applies as written. S. PROPSED CUSTOMER AND PUBLIC SERVICES This section should be written to include the to Properties together. If the proposer has elected to secure the option on the adjacent/ property, the completed proposal should include a description of this section for the two properties together. Refer to Section ITT, G. 9. MANAGEMENT, MAINTENACE AND OPERATIONS This section should be written to include the to Properties together. If the proposer has elected to secure the option on the adjacent property, the completed proposal should include a description of this section for the two properties together. Refer to Section IV, H. The remaining items in this section will remain the same as written in the RFP. 10.FINANCING STRATEGY II.COMPOSTION AND QUALIFICATIONS OF THE DEVELOPMETN (PROPOSING) ENTITY 8s CONSULTANTS A. GENERAL B. CONSULTANTS C. EXPERIENCE AND QUALIFICATIONS D. CAHNGES TO THE DEVELOPMENT TEAM E. BACKGROUND CHECKS F. ADDITIONAL INFORMATION 12.MINORTY & LOCAL FIRM PARTICIPATION D. PROPOSAL SUBMISSION REQUIREMENT The items in this section will remain the same as written in the RFP. 1. Submittal Procedures 2. Development Proposal Contents E. _EVALUTATION CRITERIA INTIAL REVIEW OF PROPOSALS FOR COMPLIANCE WITHRFP REVIEW COMMITTEE EVALUATION CITERIA 1. OVERALL PLAN 8s DESIGN OF THE PROPOSED DEVELOPMENT PROPERTYENHANCEMENT INCLUSION OF PROPEWfY MANAGEMENT AND OPERATIONS FINANCIAL RETURN TO THE CITY FINANCIAL CAPABILITY EXPERIENCE OF THE PROPOSEING ENTITY CAPABILITY OF THE DEVELOPMENT ENTITY AND CONSULTANTS EXTENT OF MINORITY PARTICIPATION PARTICIPPATION OF LOCAL. FIRMS CPA FRIM EVALUATION CRITERIA VI TERMS AND CONDITIONS OF PROPOSED LEASE AGRREMENT The items in this section will remain the same as written in the RFP. A. AUTHORIZATION B. TERMS AND CONDITIONS 1i VII OPTION ON THE RICKENBACKER MARINA A. TERMS FOR THE LEASEHOLD OPTION The successful proposer for the leasehold interest in the PROPERTY (Virginia Key Boatyard) will have the right to secure an option for the leasehold interest in the adjacent Rickenbacker Marina property, herein referred to as the OPTION PROPERTY, as described in the survey and legal description in EXHIBIT IV. Such option will begin upon the expiration of the current lease with Rickenbacker Marina, Inc. On January 7, 2009, or at any time prior to the expiration of the Rickenbacker Marina ,Inc. Lease subject to said lessee's approval and the approval of the City of Miami. Upon exercising said option the leasehold term for the OPTION PROPERTY shall run concurrently with the leasehold term for the PRIMARY PROPERTY. The lease agreement for the OPTION PROPERTY shall contain terms and conditions substantially similar to those of the lease agreement for the PRIMARY PROPERTY. Financial return to the City for the .leasehold of the OPTION PROPERTY shall be determined by the appraisal process described in Section II, E, 2 of this Request for Proposal. The terms to secure the above described option will be as follows: 1. Completion of the attached Option Form enclosed in EXHIBIT H 2. Proposers interested in securing an option on the Rickenbacker Marina' should include with the proposal submission consideration totaling $5,000.This option will run for a period of one year from the date of the execution of the lease and will be renewable annually for $5,000 until such time as the leasehold property is successfully transferred at the end of the current lease or the option holder successfully , with the current lessee's approval, agrees to renegotiate the current lease term and conditions with the City. All option moneys will be returned expect that of the successful proposer. 3. The option does not entitle the option holder to a lease on the OPTION PROPERTY, but to retain the exclusive rights to negotiate and enter into a mutually acceptable lease agreement between the City Miami and the 70 53 S 6/28/96 RESOLUTION NO. A RESOLUTION, AMENDING RESOLUTION NO. 96-283 ADOPTED APRIL 25, 1996 BY INCLUDING AN ADDITIONAL CITY --OWNED PROPERTY, THE RICKENBACKER MARINA LOCATED AT 3301 RICKENBACKER CAUSEWAY, AS A FUTURE OPTION UNDER THE UNIFIED DEVELOPMENT PROJECT ("UDP") DETERMINED PURSUANT TO SAID RESOLUTION FOR THE DEVELOPMENT AND OPERATION OF A BOAT YARD AND ANCILLARY MARINE RELATED FACILITIES AT THE PROPERTY KNOWN AS THE VIRGINIA KEY BOAT YARD, LOCATED AT 3501 RICKENBACKER CAUSEWAY, WITH SAID ADDITIONAL PROPERTY TO BE INCLUDED AS A FUTURE OPTION IN THE REQUEST FOR PROPOSAL ("RFP") ISSUED FOR SAID UDP. WHEREAS, the City Commission, by Resolution No. 96-283 adopted April 25, 1996, determined that the most advantageous method to develop certain improvements to designated City -owned waterfront property was as a UDP; and WHEREAS, said Resolution further authorized the City Manager to prepare a Request for Proposals (RFP) for the development and a operation of a boat yard and ancillary marine.related facilities at the property known as the Virginia Key Boat Yard (also known j as the marine stadium marina), located at 3501 Rickenbacker] Causeway; and r f WHEREAS, it was subsequently learned that inclusion of ,the adjacent leasehold site, the Rickenbacker Marina, located at 3301• Rickenbacker Causeway, in the UDP offering would result in significant advantages to the CITY and the boating community in terms of property management, physical improvements and marina/boat yard operations; and WHEREAS, it is recommended that this additional property be included in the UDP as an option to.be carried by the Successful Proposer through the end of the existing tenant's lease term in the year 2009, with annual compensation to the City until such I time as the option may be exercised; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. Section 2 of Resolution No. 96-283 adopted April f 25, 1996 is hereby amended in the following particulars i�: "Section 2. The development of a boat yard and ancillary marine related facilities on City -owned waterfront property known as the Virginia Key Boat Yard (also known as the Marine Stadium Marina), located at 3501 Rickenbacker Causeway, Miami, Florida, with the future option to undertake the development of a marina, ' boat yard and ancillary marine related facilities on the adjacent City -owned. property known as the Rickenbacker Marina, located at 3301 Rickenbacker Causeway, is hereby determined to be a Unified Development Project ("UDP"), for which the City shall seek to secure from the private sector an integrated package of services to include planning and design, construction, leasing and management of said proposed development." 1� Words and/or figures underlined shall be added. Words and/or figures stricken through shall be deleted. Asterisks represent omitted and unchanged material. •- i Section 3. The City Manager is hereby authorized to include said additional property, the Rickenbacker Marina, as a future option in the RFP issued for said UDP. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of 1996. Wifredo (Willy) Gort ' Vice -Mayor ATTEST: WALTER FOEMAN, CITY CLERK PREPARED AND APPROVED BY: LINDA KELLY KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J-96-375 4/25/96 RESOLUTION NO. 9 6` 283 A RESOLUTION DETERMINING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT PROPERTY IS AS A UNIFIED DETELOPMENT PROJECT ("UDP"); AUTHORIZING THE CITY MANAGElt TO PREPARE A DRAFT REQUEST FOR PROPOSALS ("RFP") FOR SAID UDP, FOR THE DEVELOPMENT OF A BOAT YARD AND ANCILLARY MARINE RELATED FACILITIES AT THE PROPERTY KNOWN AS THE VIRGINIA KEY ' BOAT YARD (ALSO KNOWN- AS THE MARINE STADIUM MARINA), LOCATED AT 3501: RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA. I WHEREAS, City of Miami Charter Section 19-A(c) and Code Section 18-52.9 provide for the."Unified Development Project ("UDP") process to govern the development of improvements to real property owned or to be acquired by the City; and WHEREAS, said UDP process further provides that under certain circumstances it may be most advantageous for the City to procure from, the private sector one or more of the following integrated packages for the development of said improvements: planning and design, construction and leasing; planning and design, leasing -and management; planning and design, construction, and management; or planning and design, construction, leasing and management;,Y and WHEREAS, the City Manager was directed to initiate a,"' UDP process for the development of a boat yard and related marine facilities at City -owned property known as the Virginia Rey Boat CONIIaIISSIC? . G e 5 1996 76 SC.'Ou gun Ha Yard (also know as the Marine Stadium Marina), located at 3501 Rickenbacker Causeway, Virginia Key, Miami, Florida; and WHEREAS, it is recommended that the City Commission formally determine that said development be considered a UDP; and WHEREAS, in accordance with City Charter and Code provisions, a public hearing will be scheduled. at a later date ,and time to consider the contents of the RFP, and to continue the implementation of the UDP-process'for said project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MI.AMI, FLORIDA: 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 development of a boat yard and ancillary marine related facilities on City -owned waterfront property known as the Virginia Key Boat Yard (also known as the Marine Stadium Marina), located- at 3501 Rickenbacker Causeway, Virginia Key, Miami, Florida, is hereby determined to be a Unified Development. Project ( "UDP") , for which the City shall seek to procure fry the private sector an integrated package of services to inclliae planning and design, construction, leasing and management of ,;.said proposed development. Section 3. The City Manager is hereby authorizedl/ to prepare a draft Request for Proposals for said'UDP, as set forth in Section 2 hereinabove. I Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day off April 1996. S N P . CLARK, MAYOR ATTEST: WALTER J. CITY Cialdc PREPARED AND REVIEWED BY: LINDA K. KEARSON ASSISTANT CITY ATTORNEY7 APPROVED AS TO DORM AND CORRECTNESS: f i A. QTANNIJQ�Mg, II CITY A6TT tP W845:BSS C d i i i� 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. , 3 78 6 DADE COUNTY MANATEE PROTECTION PLAN Summary and Fact Sheets A preliminary draft of the Dade County Manatee Protection Plan was completed by the Dade County Department of Environmental Resources Management (DERM) in June 1992 following several years of data collection and review with an informal discussion group including representatives of environmental interest groups, government agencies and the regulated community. Following a series of six public workshops, representatives of the regulated community requested establishment of a citizen's committee to review the draft plan. At the ;request of the Environment and Land Use Committee of the Dade County Board of .County Commissioners, then chaired by Commissioner Harvey Ruvin, the Director of DERM appointed thirteen persons to the Manatee Protection Plan Review Committee. This committee includes representatives of boating and marine interest groups, environmental and civic organizations, and the South Florida Water Management District. The committee began monthly public meetings in October 1992 and continued a section -by -section review of the draft plan through June 1995. The final draft plan reflects the recommendations of the Review Committee with exact language as approved by simple majority vote of committee members present. The final draft plan contains background information, recommendations, and policies relating to habitat and water quality protection, manatee -human interactions (including mortality caused by water control and drainage structures), land development (including siting or marine facilities), law enforcement, education and awareness, and governmental coordination. To assist readers in assimilating the recommended actions contained in the lengthy narrative, all objectives and policies have also been extracted and compiled in a separate chapter at the end of the plan document. The most significant groups of recommendations relate to eliminating manatee mortality at flood gates and drainage structures and to the siting or operation of marinas and other vessel launching, storage or docking facilities. Highlights of these complicated portions of the plan are summarized in this section. Flood Gates and DrainacTe Structures The objective of this section of the plan is to reduce to zero;: the number of manatee mortalities related to flood gates and drainage culverts. Twenty separate recommended actions have been developed related to this objective, many of which have already been implemented. o Flood gates are to be equipped with pressure -sensitive devices which cause the gate to open if it closes on an object. Prototypes have already been installed on some gates. Engineering and installation of improved designs is in progress. o Back-up manatee protection strategies, including "over -the -top" discharge designs, sonar or acoustic devices, barriers,. and improved operation procedures should be developed. A U.S. Army _ Corps of Engineers and South Florida Water Management District (SFWMD) study of such alternatives is in progress. o The SFWMD shall be required to provide reports, operating records, permit applications, and other information concerning manatee protection to the appropriate regulatory agencies on a regular basis. Such information shall also be made available to the public through annual reports and workshops. o Barriers have been constructed at two drainage canals at the Miami International Airport to prevent manatees from entering stormwater culverts. Regular maintenance and reporting will be required to assure compliance. ,Siting of Marinas and Other Vgssel Facilities The objective of this section of the plan is to reduce additional impacts to manatees or their habitats caused by development and operation of new or expanded vessel facilities. Many regulations protecting seagrass, wetlands, water quality, and other natural resources are already in place and would continue to be implemented as they always have been. To reduce the risk of vessel -manatee collisions and disturbance of critically sensitive manatee behavior, increased density of commercial power boat facilities in essential manatee habitat and in or near no -entry zones is not recommended, unless it. can be demonstrated that the proposed project would not adversely affect manatees. Since manatees occur most often in canals, tributaries, and shallow nearshore areas, especially seagrass beds, most of these areas are designated as essential habitat (please refer to attached map). Year-round no -entry zones for manatee protection have been established northwest of Virginia Key and in portions of the Black Creek canal and marina basin. Development of marinas, boat ramps, dry storage and { other vessel facilities is encouraged outside of essential manatee areas or near open water destinations favored by most boaters. o No new restrictions are recommended for regulation of single-family residential docks. Single-family residential docks may be constructed anywhere in Dade County in accordance with existing regulations Construction of single-family docks located in seasonal "no entry" zones shall be permitted during the summer (May 1 - November 1-4). Emergency repairs necessary for human safety may be permitted at any time. o All existing facilities, regardless of location, may rebuild, renovate or reconfigure as long as there is no net increasein the* total number of wet and dry power boat slips. For the purpose of this plan, any marine facility in use or operating on or after October 28, 1984 is considered an existing facility. o New or expanded multi -family residential docking facilities may be constructed anywhere they are not otherwise prohibited. However, in essential manatee habitat, multi -family residential docking facilities with more than five slips would be limited to one power boat per 100 feet of developable shoreline. Additional slips could be occupied by sailboats. Vessels docked at the facility 1 must be registered to residents. IIII 81 814 i Fi o New or expanded commercial marinas, dry storage, fuel docks and transitory docks for power boats may be permitted outside of essential manatee habitat. No new limit would be placed on number of power vessel slips. Generally recommended areas include the eastern side of Biscayne Bay from Haulover to Government Cut, Keystone Point, Dinner Key, portions of Crandon Park, or Matheson Hammock. o New or expanded special use marinas, such as facilities for large, luxury yachts, charter boats, and certain commercial fishing boats may be permitted outside of essential manatee habitat without limit on number of slips. New special use marinas may also be ,suitable for some sites within essential manatee habitat, such as Watson Island. o New or expanded courtesy docks and docks for water taxis or similar public transportation vessels; or certain commercial fishing vessels may also be permitted in the Miami River from the 5th Street bridge to the mouth and along the west shoreline of Biscayne Bay from the Port of Miami to SW 15th Road with a maximum density of 1 power boat per 500 feet of shoreline, including existing slips. outside of essential manatee habitat, such docks may be permitted without limitation in any area where they are not otherwise prohibited. o New or expanded freight terminals or large vessel berthing facilities may be permitted along Government Cut and the Government Cut turning basin. Existing and new large vessel facilities will be required to utilize fenders or other mooring design that provides 4 feet of standoff during operation. • On the Miami River, 3 feet of standoff will be required. New or expanded large vessel berthing facilities will also be permitted on the Miami River, provided standoff requirements above are met. o Expansion of existing boat yards is preferred to the construction of new facilities. New boat yards should also be permitted along Government Cut, along the east side of north Biscayne Bay, or along certain canals in Dumfoundling Bay, where compatible with existing land use and zoning. o Any project that does not meet the above density or siting limitations may still be permitted provided it does not adversely affect manatees in accordance with a series of performance criteria. These criteria were developed to provide a mechanism for obtaining a variance from the above requirements. o New or expanded boat ramps shall be permitted in the same areas as commercial marinas. Boat ramps may be permitted at alternative locations provided that they comply with the performance criteria as described above: 82 Li 84 r DESIGN STANDARDS AND GUIDELINES I. Baywalk/Riverwalk design standards and guidelines. A. General principles. Public access waterfront walkways shall: 1. Feel public. No one should feel as if he or she is intruding on private property. the F public should'feel welcome and at ease to move along the entire length of the bay/river walk. Signage should clearly establish the public's right to use the walkway. 2. Be usable. Young and old, handicapped and joggers, lovers, fisherpen, business and wen and women, "eryone should find the Day/riverwalk usable. Potential conflicts between active and passive users should be prevented through segregation of bay/river walk use zones. (See DESIGN STANDARDS below). 3. Provide visual access. The attraction is the water. Ali;landscaping, furniture, lighting guard rails end planters should be subordinated to enhance maxim visibility to the water. Simplicity of design Is preferred. The views of adjacent private development should not be obstructed. 4. Enhance visual quality. Parking and service areas oust be coopletety screened iron the walkway. Materials, color and fors should eooplenent the natural shoreline environment: ° S. Connect to other public areas. Public parks, transit stops, thoroughfares. midbloek walkways, shopping areas, and publicly accessible plazas should cmect to the bay/river walk. ti. —Take advantage of bay/river setting. mere practical, boating and fishing activities should be incorporated into Dap/Rlverwalk destgus. Elevated viewing areas, historically Interpretive eearkers and signs are desirable,. B. Design standards. i The Bay/River Valk shall be a ainiam of twenty (ZO) feet wide overall and shalt consist of { five distinct zones: an edge zone, a safety buffer zone, a circulation zone. a passive zone, and a transition and security zone. B*C • I. The top of the bulkhead or seawall shall be at a constant elevation for the length ' of the bay/river walk. It shall be 16 to 30 inches wide at the top. 2. Safety ladders of stainless steel or galvanized steel shall be placed a maxisua of ' 100 feet apart along the face of the seawall or bulkhead, to allow for climbing out f of the water at lov tide. 3. The top of the seavall/buikhead shall be 5 to 9 inches higher than the surface of 1 the baywalk circulation zone. 4. The inside edge of the seawall/bulkhead shall be beveled. S. The top surface of seawall/bulkhead shall be textured and of a lighter color than the surface of the circulation zone. r Safety buffer zone. I. Since railings. walls and/or other barriers are not desirable along the waters edge, bay/river walk users need to be warned when coming close to the water with a 3- i to S foot wide safety buffer zone consisting of a rough textured surface that discourages walking. 2. Paving within the safety buffer zone shall be a type of cobble stone with 'river , 1 rock% approximititely 3/4 to 1 1/2 inches In diameter, set in concrete leavi relief or 1/4 to 1/2 Inches or similar. r, � I ? Orculaficn =ie. 1. The bay/river .talk circulation tone shall consist of a linear pedestrian walkway or promenade and shall be 8 to 12 feet wide. 2. The walkway may meander along the shoreline: however all offsets In the alignment of the walkway shalt not exceed 6 feet and be spaced not less than 50 feet apart. 3. Obstructions to movement (trees, bollards, lighting, etc.) within the circulation zone shall not reduce the clear width of the walkway to leis than 8 feet at any point. 4. Variable textures and materials say be used to surface the, promenade. S. The promenade surface shall be at a constant elevation, and shall be accessible to handicapped persons throughout the entire length of the bay/river walk. e rhssiue =rX. 1. The area for sitting..accent landscaping and concessions shall be located along the inland side of the bay/river walk, and shall be not less than 4 feet wide. 2. Short lengths of the passive zone may be elevated 18 to 24 inches above the level of the promenade for enhanced bay uW river views. - l 3. All benches shall have back rests, and their placement shall emphasize direct views of the water. 4. Seating surfaces shall be Purple Heart. Western Red Cedar or Redwood. i S. All furniture shall be permanently installed preferably by direct burial in concrete. 6. Appropriate additional furniture including trash receptacles.'overhead canopies or shelters. drinking fountains. etc.. shall be confined to the passive zone. •� 7. The passive zone may be paved in plain concrete or the paver on the main circulation zone. Ti�siticn and s�ity zrsr�. 1. To buffer private development from the adjacent bay/river walk a mini" 3 foot wide • transition zone shall border the bay/river walk facility. i 2. This visual and functional transition from public to private space shall generally be marked by low level shrubbery and overhead shade or ornamental trees. 3. Security to limit public access to private property Ray be provided by fences, grade changes or retaining walls. All screens and walls shall be landscaped to reduce , their visual impact on the walkway. 4. For adjacent developments that serve the public (i.e., restaurants, shops. hotels. entertainment, etc.) provision of wide. visible and easy pedestrian access to :the bay/river walk shall be assured. S: In general, landscaping and security barriers shall not visually screen the j bay/river walk from adjacent active uses, such as retail restaurants. or . entertainment. i 450A C. Standards and guidelines for design elements. � Inrxlsagrirg;. 11. Shade trees shall be confined to the inland edge of the passive zone. . 2. Pales may be used along either edge of the bay/river walk, but Coconut Palms 'or j Sabal Palms are particularly appropriate for the water's edge. i j 3. Raised planters, if used, shall be confined to the passive zone, and all planter `i walls shall double as sitting wails. 15 to 30 inches in height. 1 4. Plant material shall be priaarily native salt.tolerant species. ` l Light irg. 1. Lighting at the water's edge shalt be confined to Wnch diameter bollards, which shall be 24 to 30 Inches high and spaced approximately 20 feet on center. 2. 8ollards shall be 100 Watt HV with down 'Illumination not exttndlaq beyond the bulkhead line. f 3. overhead lighting shall be confined to the passive Lane and consist of down lighting with lamps not over 14 feet high, 175 watt MY, and spaced approximately 50 feet on center. !( 4. Up lighting of landscaping, particularly shade trees, shall be confined to the passive zone and transition zone. S. Mercury vapor, octal halide lamps or similar *white, light luainalres shall be used. 6. Colored lighting. except for.private signs, shall not be used. t 7. Simple contemporary fixture design shall be used as opposed to highly stylized. vintage or period designs. Signr.Q;e. r t. 1. All public access bay/river walks shall be narked with the standard 'Public Shore' { • sign. c 2. All major public access points, including park walkways. roadways, dedicated midblock walks and public plazas, shall be marked with Public Shore' signs. 1. Adjacent accessible publicly oriented private development. such as cafes or shops, shall identify the use with signage in the transition zone. 4. uniformly designed historic or environmental markers and descriptive plaques shall } be placed In the passive zone. f S. Signage shall identify acc"e mints and adjacent activities, (cafes, shops. etc.) for boaters. 86 - it i' i Li APPENDIX L. SOURCE LIST Department of Community Planning and Revitalization by mail PO Box 330708 Miami, Florida 33233-0708 street address 444 SW Second Avenue - Third Floor Miami, Florida 33130 telephone (305) 416-1400 facsimile (305) 416-2156 General [ntormateon or wantications - Department of CPR (as above) or call Dianne Johnson, Chief of Development (305) 416-1426 or Jeanette Garcia, Real Estate Specialist (305) 416-1429 Substantive Questions must be addressed in burning to Jack Luf#, [director Department of CPR (as above) Copies of RFP - Department of CPR (as above) or call Jeanette Garcia Real Estate Specialist (305) 416-1429 or Francoise Smith (305) 416-1430 Zoning Information Department of CPR (as above) or call Lourdes Slazyk, Asst. Director (305) 416.1407 City Historic Preservation Department of CPR (as above) or call Sarah Eaton, Historic Preservation Officer (305) 4164409 Zoning Interpretations Adjacent Property Leases Department of Building & Zoning Office of Asset Management addresses above - 40 Floor addresses above - 3rd Floor Juan Gonzalez, Zoning Official Eduardo Rodriguez, Director (305) 416-1100 or -1178 (305) 416-1450 t Inspections of Property Existing Buildings, Construction Plans Department of Public Works Department of Public Facilities addresses above - 8th Floor Marinas Division i Allan Poms, Chief Designer Raul de la Tone, marinas Manager I (305) 416-1245 2640 S. Bayshore Sr. Miami, FL. 33131 (305) 579-6980 City Improvements f Department of Public Works Coastal Systems International Allan Poms, Chief Designer as above Harvey Sasso, PE, President f or 454 S. Dixie Highway State Historic Preservation Florida Department of State Bureau of Historic Preservation R.A. Gray Building 500 S. Bronough Street Tallahassee, FL. 32399-0250 Attn.: David Ferro (940) 487-2333 Coral Gables, FL. 33146 (305) 661-3655 Federal Historic Preservation Department of the Interior ! National Park Service Preservation Services Division Southeast Regional Office 75 Spring Street SW - Room 1140 Atlanta, GA. 30303 (404) 331-2632 DRI Information Environmental Issues & Permitting South Florida Regional Planning Council Metropolitan Dade County 3430 Hollywood Blvd. - Suite 140 Department of Environmental Resources Hollywood, FL. 33021 Management (DERM) attn.: Julia Trevarthan 33 SW Second Avenue in Dade & Palm Beach Miami, FL. 33130-1540 (800) 985-4416 attn.: Craig Grossenbacker in Broward (954) 985-4416 (305) 372-6789 or -6584 David O'Neal, Consultant MRA Intemational, Inc. (public markets) Michael Lawry 170$pring Lane 3600 Market Street - Suite 501 Phhadelphia, PA. 19128 Philadelphia, PA. 19104 (215) 482-5130 (215) 772-9713 Historical Association of South Florida Shake -A -Leg Miami, Inc. Randy Nimnick, President Harry Horgan 101 W. Flagler Street 2600 S. Bayshore Drive Miami, Florida 33130-1538 Miami, Florida 33133 (305) 375-1492 (305) 858-5550 Miami Museum of Science & Space Transit Planetarium Russell Etling, Executive Director 3280 S. Miami Avenue Miami, Florida 33129 (305)285 5801 - A.* BOUNDARY SURVEY VIRGINIA KEY MARINA 1995 LEASE AREA r-- - - - - - MIAMI MANE STAMM LAGOON • rarrr'rw• .! 1�1 EDGE OF SEA NAIL E svmn «Ie p.A 1 fMlr I J^til � 'a Jea1n nn w ,.r vea•n w r..ala w t •a...•am 1H¢.. ,^•, � r• in• Y 7 r r. a+ir>,!t wut I s y a+ r C rA Y 11Y 1 ■ 1>X q u1f. 31i"' -Ir.1 _ .n i -aw" low n�w OF rip ar '7aac(7mincls nllvv.r _ rw... 111tU1. Gf ar/r IfH l«« Mr. ��1 1 Cwrr1 at I4 Sbli.«1 trw e/ L111r 77. I.wrill S• Swn, fpq, l7 (w t; Hf 0•Ia V'w 1. flrliz w.rr dry u. rwn IL• •r r•,r J.ru., 17. nvru �/wl • �n wre. (ror tTSr lr w1f rr LlH tl b 111 (•Ir.en lr .7P W frlr ll» a 'itCltD!lM71 CUA[rr• oe o1.r J• •U• wl1-111w 0.•. 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IL r.•r.1 rN 14 1wr) 114 .rt•. r .w F.r r.tltllr s..w 1-- 1. r ...a..larr.. .-.. .. .•.. _.. �___..- -. ___ LEGAL DESCRIPTION Virginia Key Marina 1995 Lease Area Commence at the Southeast corner of section 17,Twonships 54 South , Range 42 East; Dade County, Florida; thence along the south line of said Section 17, North 890 56'49.5" West For 2,649.84 feet to its intersection with the centerline of "RICKENBACKER CAUSEWAY", as shown in "the Metropolitan Dade County Bulkhead Line" according to the plat thereof as recorded in Plat Book 74, at Page 9 , Sheet /no. 2 of the public records of Dade County, Florida; thence along said center line North 45' 22' 07" West For 3,073.07 feet; thence North 44' 37' 53" i' East for 200.00 feet to the northeasterly right of way line of said "RICKENBACKER CAUSEWAY" to the Point Beginning of the following described parcel of land; thence continue along said right of way line North 45' 22' 07" West For 520.00 feet; thence North 440 37' 53" East For 161.00 feet to its intersection with a line parallel with and 361northeaterly of the centerline of said "RICKENBACKER CAUSEWAY"; thence along said parallel line North 45° 22'07" West for 285.17 feet; thence North 440 37'53" East For 444.45 feet; thence South 48' 34'09" East along the approximate shoreline for 19.99 feet; thence South 71' 24'33" East along the approximate shoreline for 231.52 feet; thence North 840 26' 15" East along the approximate shoreline for 15.89 feet; thence South 41' 03'11" East 36.27 feet; thence South 67' 10'07" East along the approximate shoreline for 27.57 feet; thence South 44" 37'53" West for 513.87 feet to the Point of Beginning. Containing 245039 square feet or 5.625 acres more or less. AND Bay Bcl_tom Land Area Commence at the Southeast corner of Section 17, Township 54 South, Range 42 East; Dade County, Florida; thence along the south line of said Section 17, North 89' 56' 49.5" West for 2,649.84 feet to its intersection with the centerline of "RICKENBACKER CAUSEWAY", as shown in "the Metropolitan Dade County Bulkhead Line" according to the plat thereof as recorded in Plat Book 74, at Page 9, Sheet no.2 of the public records of Dade County, Florida; thence along said center line North 45' 22' 07" West For A �81:7 Am 3,073.07 feet; thence North 44137' 53" East For 200.00 feet to the northeasterly right of way line of said "RICKENBACKER CAUSEWAY"; thence continue along said center line North 44' 37'53" East For 513.87 fe to the point of Beginning of the following described parcel of land; thence continue North 44°37'53" East For 53.85 feet; thence North 67°10'07"West for 40.68 feet; thence North 51°28'47" West for 27.24 feet ;thence North 41 °03' 11" West for 57.46 feet; thence South 84°26' 15" Wes For 44.38 feet: thence North 48°43'09" West for 8.48 feet; thence North 45°22'07" West for 442.92 feet; thence South 440 37' 53" West for 50.00 feet to its intersection with a line parallel with and 511.57 feet northeasterl, of the centerline of said "RICKENBACKER CAUSEWAY' to the most northerly line of a 2-foot seawall; thence along easterly face of said seawat South 45022'07" East For 444.45 feet; thence South 48°34'09" East along the approximate shoreline for 19.99 feet: thence South 71°2433" East alor the approximate the shoreline for 60.86 feet: thence South 85°57'25" East along the approximate shoreline for 231.52 feet; thence North 84' 26' 15" East along the approximate shoreline for 15.89 feet; thence South 41 ° 03' 1 East along the approximate shoreline for 36.27 feet; thence South 51'28' 4' East along the approximate shoreline for 38.69 feet; thence South 67010'07 East along the approximate shoreline for 27.57 feet to the Point of Beginning. Containing 43866 square feet or 1.007 acres more or less. et { [i Cesar H. Od.io City Manager City of Miami, Florida DECLARATION Submitted 1996 The undersigned, as proposer, declares that the only person interested in this proposal are named . herein, that no other person has any interest in this proposal or in the agreement of lease to which /the proposal pertains, that this proposal is made without connection nor agreement with any other person and that this proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he/she has complied in every respect with all of the instructions to proposers, that he/she has read all addenda, if any, and that he/she has satisfied him/herself fully with regard to all matters and conditions with respect to the lease to which the proposal pertains. The proposer agrees, if this proposal is accepted, to execute an appropriate lease agreement for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami, Florida, for the performance of all requirements to which this proposal pertains. The proposer states that this proposal is based upon the proposal documents issued May 31, 1996, entitled "Request For Unified Development Proposals for the Dinner Key Waterfront Redevelopment, 2640 South Bayshore Drive, Miami, Florida" and addenda, if any. Name of Firm, Individual or Corporation Signature Signature Title Title Address TelelShone t e i - i i i i CONSULTANT'S PROFESSIONAL INFORMATION FORM[ This form is to be completed by each consultant or subconsultant to the Proposing Entity. SECTION A. Name: Address: Telephone : __ Facsimile ` Professional Registration Number: Name of principals and their titles who will be chiefly responsible for the design and engineeru of the project. Name Name Title Title SECTION B. SURETY INFORMATION Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and th circumstances surrounding said default and performance. SECTION C. 1 BANKRUPTCY INFORMATION Have you ever declared bankruptcy? Have you ever been declared bankruptcy? If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. ,:SECTION D. i PENDING LITIGATION :Provide here and/or on attached sheets detailed information regarding pending litigation, liens, or Claims involving any participant in the proposal. Consultant Name: PROPOSER NAME: PAGE 2 98 Address: Telephone: (�!� Nature and magnitude of business association: r 100 PROPOSER'S PROFESSIONAL INFORMATION FORM This form is to be completed by the Proposing (Development) Entity (the legal entity: corporation, joint venture, partnership, one or more individuals, that will enter into the leasehold agreement with the City) and each joint venture partner, principal or major stockholder to that entity, if applicable. SECTION A. Name: Address: Telephone : Facsimile; Name of principals and their titles who will be chiefly responsible for the planning and management of the project: Name Name Title Title Proposer is a: [ ] Sole Proprietorship [ ] Corporation • [ ] Partnership [ ] Other If Proposer is a Sole proprietorship stop here. SECTION B. is If proposer is a partnership, answer the following: i� 1. Date of organization 2. General Partnership ( ) Limited Partnership ( } 3. Statement of Partnership recorded Yes () No( } Date Book Page County State PROPOSER NAME: rx 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? Where: 5. Name address, and partnership share of each general and limited partner. General or 6. Attach a complete copy of the Partnership Agreement. SECTION C. If proposer is incorporated, answer the following: 1. Is the corporation authorized to do business in Florida? Yes( ) No ( ) 2. The corporation is held: Publicly () Privately ( ) 3. If publicly held, how and where is the stock traded? 4. List the following: AUTHORIZED ISSUED OUTSTANDING Number of voting shares Number of nonvoting shares PROPOSER NAME: j Number of shareholders Value per share of Common Stock/PAR BOOK Market 5. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer, director and shareholder owning more than 5% of any class of stock. If more than 5% of any class of stock is held by a corporations, then each owner - corporation must also complete separate pages (type corporation name on said pages -for identification purposes.) and furnish the required financial statement for each. If said owner -corporations are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the audited financial statement required on each page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer -corporation. 6. If an individual or corporation will be guaranteeing performance of the Proposing Entity, state name here : If a corporation, provide name of corporation on corresponding pages for identification purposes and furnish audited financial statement(s) as required. SECTION D. Surety Information : -Has any surety or bonding company ever been required to perform upon your default? Yes( ) No( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. t f. h SECTION E. Bankruptcy Information : Has company ever declared bankruptcy? Have you ever been declared bankrupt? Yes( ) No( ) PROPOSER NAME: Yes( ) No( ) E 102 ) 1 If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. SECTION F. Pending Litigation Provide here and/or on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. } SECTION G. References List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt paym9ht history. At least one reference must be a financial institution. Reference No. 1 Name: Firm: Title: PROPOSER NAME: 6 Address: Telephone: Nature and magnitude of business association, purchase, sale or loan: Reference No. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association, purchase, sale or loan: Reference No. 4 Name: Finn: Title: 104 PROPOSER NAME: AFFIRivIATIVE ACTION POLICY FOR EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not influenced and that its employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. ' One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to. monitor our efforts, ` (Company Name) has - assigned one of its principals as the Affirmative Action Director to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this { Affirmative Action Policy. Date Signature Title Company: i 107 1f r EXHIBIT B INFORMATION SHEET MINORITY/WOMEN CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY CLASSIFICATION OF BUSINESS ENTERPRISE (SUBMITTER): ( )Black ( )Hispanic ( )Women ( )Other (Non- Minority/Female) 2.' Detail MINORITYIWOMEN PARTICIPATION within your firm, or as it may apply to the Submission, if awarded: ' A. Joint Venture: Provide information regarding Minority/Women fi participation as such, and the extent of participation. Firm Name/Address Gender/Ethnicity % of Service B. SUBCONTRACTORS: Provide information regarding Minority/Women firms that will be subcontractors for this Service, and their extent of the work. 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IMwYf» Irwa artiwr, rlwna ruan ar w. r LEGAL DESCRIPTION Restaurant are, being a part of the above -described area No.2 commence at the point of beginning (P.O.B.) of lease area No. 2, as shown hereon, and run N 45°22'07" W, along the Northerly right-of-way line of "RICKENBACKER CAUSEWAY" a distance of 502.00 feet to a point of intersection with the Westerly line of 60.00 foot access road running Northerly from said "RICKENBACKER CAUSEWAY" said point of intersection being the point of beginning(P.O.B.) of the restaurant area hereinafter described; thence continue N 45° 22' 07" W along the last mentioned course, a distance of 83.00 feet; thence run 44' 37' 53" W, a distance of 32.00 feet, more or less, to the mean high water line of Biscayne Bay, said mean high water line reference to 0.00 feet, mean sea level, U.S.C. and O.S. datum (N.G.V.D.); thence run Northeasterly ,meandering the mean high water line of Biscayne Bay, a distance of 73.00, more or less, to the intersection of a line bearing S 45122' 07" E, being parallel with and 93.00 feet Northerly line of aforesaid "RICKENBACKER CAUSEWAY'; thence run S 44' 37' 53" W, along with the westerly line of access road, 93.00 feet to the point of beginning(P.O.B.) . Area described contains 6400 square feet, more or less, or 0.147 acres, more or less LEGAL DESCRIPTION Marina Biscayne, LTD. Lease Area NO. 3 Commence at the Southeast corner of section 17, township 54 South, range 42 East; thence along the South line of said section 17 N 89" 56' 49.5" W 2,649.84 feet to its intersection with the center line of "RICKENBACKER CAUSEWAY", as shown on "the Metropolitan Dade County Bulkhead line", according to the Plat thereof, as recorded in Platt Book 74, at page 9,sheet NO.2 of the public records of Dade County, Florida; thence along said center line N 45' 22' 07" W 4,065.00 feet to its intersection with the center line of the access road to the "Rusty Pelican Restaurant"; thence along said center line N 44' 37' 53" E 350.00 feet to the beginning of a curve concave to the West having a radius of 270.00 feet; thence Northeasterly Northerly and Northwesterly 349.16 feet along said curve through a central angle of 74' 05' 36"; thence N 44' 37' 53" E 31.07 feet to the point of beginning of the hereinafter described parcel No.3, said point of beginning being on a curve concave to the Southwest ,concentric to the last mentioned curve and having a radius of 300.00 feet (to which point of being a radius e 113 bears N 58' 54' 42" E; thence Northwesterly 74.77 feet along said curve through a central angle of 14' 16' 49" to a point of tangency; thence N 45' 22' 07" W 54.03 feet to the beginning of a curve concave to the Northeast having a radius 340.00 feet; thence along said curve Northwesterly 42.08 feet through a central angle of 7° 05' 26"; thence N 44' 37' 53 Viz 117.40 fet; thence S 45' 22' 07" E 170.00 feet; thence S 44' 37' 53" W 129.27 feet to the point of beginning. Containing 20,594 square feet or 0.473 acre. ]LEGAL DESCRIPTION 07"E 170.00 feet; thence S 44' 37' 53" W 129.27 feet to the point of beginning. Containing 20,594 square feet or 0.473 acre. LEGAL DESCRIPTION Lease Area NO.2 Commence at the Southeast corner of section 17; township 54 South, range 42 East; thence along the South line of said section 17 N 89' 56' 49.5" W 2,649.84 feet to its intersection with center line of "RICKENBACKER i CAUSEWAY", as shown on " the Metropolitan Dade County Bulkhead 1 Line", according to the Plat thereof, as recorded in Plat Book 74, at page 9 , sheet No. 2, of tithe public records of Dade County ,Florida; thence along said center line N 45' 22'07" W 3,593.07 feet; thence N 44°37'53"E 200.00 feet to the point of beginning of the hereinafter described'tract No. 2, said point of beginning being also on the Northeasterly right-of-way line of said "RICKENBACKER CAUSEWAY"; thence N 45°22'07"W 761.08 feet to the beginning of a curve concave to the Southwest having a radius of 1,632.40 feet; thence Northwesterly and Westerly 1,296.84 feet along said curve through a central angle of 45' 31' 05" to a point of tangency; thence along said right-of-way S 89' 06' 48" W 139.26 feet to its intersection with "The Metropolitan Dade County Bulkhead Line", as shown in said Plat Book 74; thence along said Bulkhead Line N 44' 06' 48" E 908.00 feet; thence along the southwesterly property line of the tract of land described in revised exhibit "A" leas between "the City of Miami" (Lessor) and specialty restaurant corporation "Rusty Pelican Restaurant" (Lessee) S 45' 22' 07" E 1,024.40 feet; thence N 44' 37' 53" E 250.00 feet; thence S 450 22'07" E 114, •