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HomeMy WebLinkAboutR-96-05281 J-96-593 7/01/96 RESOLUTION NO. 9 5 — 528 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, AND IN ACCORDANCE WITH THE REQUIREMENTS OF CITY OF MIAMI CHARTER SECTION 29-B FOR PURPOSES OF SOLICITING PROPOSALS FROM QUALIFIED INDIVIDUALS, CORPORATIONS, OR OTHER LEGAL ASSOCIATIONS INTERESTED IN LEASING, MANAGING AND OPERATING A RESTAURANT, FOR A TERM OF FIFTEEN YEARS, WITH RENEWAL OPTIONS, AT CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, UNDER THE TERMS AND CONDITIONS SET FORTH IN SAID RFP; FURTHER APPOINTING MEMBERS OF A REVIEW COMMITTEE TO EVALUATE AND RANK SAID PROPOSALS. WHEREAS, the City of Miami is a municipal corporation and is authorized by Article VIII, Section 2 of the Constitution of the State of Florida to exercise any power for municipal, corporate and proprietary purposes except as otherwise provided by law; and WHEREAS, Section 3(f) of the Charter of the City of Miami, as amended, authorizes the City to lease City -owned real property subject to the conditions set forth in Section 29-B of the Charter of the City of Miami, Florida, as amended; and WHEREAS, the City of Miami owns real property located at 1000 South Miami Avenue, Miami, Florida (the "Property"); and WHEREAS, the City desires to promote the general comfort, welfare and commerce of the City and its inhabitants; and �ATTACHMENT (S) CONTAINED CITY CobMSMC MEETING OF J D L 1 1 1996 Resolution No. 95- 528 r WHEREAS, the City deems it necessary for such promotion, to enter into a lease agreement to provide a restaurant at said Property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are 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, in accordance with the requirements of Section 29-B of the Charter of the City of Miami, Florida, as amended, a Request for Proposals, in substantially the attached form, for purposes of soliciting proposals from individuals, corporations or other legal associations, having the requisite qualifications and experience in the restaurant field, to lease, manage and operate City -owned property located at 1000 South Miami Avenue, Miami, Florida, for a lease term of fifteen (15) years with two (2) five (5) year options, with a minimum return to the City which includes a base rent plus a percentage of gross sales as follows: 1-3 $ 76,500/YR 6% over $2,200,000 4-6 $ 83,385/YR 6'/0 over $2,400.000 7-9 $ 90,890/YR 6°/0 over $2,600.000 10-12 $ 99,070/YR 6°%over $2,950,000 13-15 $107, 896/YR 6'/0 over $3,100,000 and, authorizing a fifty percent (500) reduction in the total amount of base rent due for the first six (6) months of the - 2 - 95- 59 lease term to be utilized by the tenant for initial marketing expenses. Section 3. The following individuals are hereby appointed members of the review committee which is to evaluate and rank all responsive proposals: MEMBERS OF THE PUBLIC No Appointment made No AP nraent made _Cln on liiGully No .Appointment made CITY EMPLOYEES Arleen Weintraub, Gommun if3Z Planning & Revitaliztion Sarah E. Eaton. Comy munitplanning k Revitalization Anita-groenzaa.._�'i ty Manager'--, nffi r-o ~Gregory Wright. .C,onferPn�PGy Gonvent,ons & Public Faciliti& Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th AT 71; ER J. FJ , CITY CLERK —PRUARED,AND REVIEWED BY: dftd—E 0. BR ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q NN /d E S III' CITY ATT EY JOB:BSS:kd:W939 - 3 - day �o' July 1996. GORT, VICE MAYOR 96- 528 REQUEST FOR PROPOSALS FOR THE LEASING OF THE CITY OWNED PROPERTY FOR RESTAURANT USE LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA ISSUED JULY 25, 1996 CITY OF MIAMI Wifredo (Willy) Gort, Vice Mayor Miller J. Dawkins, Commissioner Joe Carollo, Commissioner J. L. Plummer, Jr. Commissioner Cesar H. Odio, City Manager Prepared by: Office of Asset Management City of Miami Riverside Center 444 SW 2nd Avenue Third Floor Miami, Florida 33130 Submissions Due: 2:00 PM, FRIDAY, OCTOBER 25, 1996 96- 5"I July 25, 1996 Ladies and Gentlemen: Thank you for your interest in leasing the City owned property, for restaurant use, known as Historic Fire Station No. 4, (the "Property"), located at 1000 South Miami Avenue, Miami, Florida. This document is the Request for Proposals (the "RFP") issued by the City of Miami (the "City"), for the purpose of selecting and contracting with the appropriate lessee to manage and operate the Property. The RFP contains information regarding the Property, including the City's plans and expectations for its future operation, the submission requirements, and the selection procedures to be used in selecting the most qualified and advantageous proposal for the City. Individuals, corporations or other legal associations interested in responding to this RFP ("Proposers") must meet all requirements specified herein. The City Manager, or his designee, will negotiate with the highest ranked Proposer for the purpose of entering into a lease agreement (the "Lease Agreement"). If the City Commission determines that the lease will be in the City's best interest, then subject to compliance with the provisions of Section 29-B of the Charter of the City of Miami, the Commission may authorize the City Manager to execute the Lease Agreement. All inquires should be directed, in writing, to Mr. Eduardo Rodriguez, Director, City of Miami, Office of Asset Management, PO Box 330708, Miami, Florida 33233- 0708. Written inquires and responses will be furnished, as an addendum to the RFP, to all individuals, corporations or other legal associations participating in this RFP, as evidenced by entry in the distribution log that records all parties who have received a copy of this RFP. The City will conduct a Pre -Proposal Conference on Friday, August 9, 1996, 10:00 a.m., at the City of Miami, Office of Asset Management City of Miami Riverside Center, 444 SW 2"d Avenue, Third Floor, to answer questions and/or clarify the statements and requirements contained in this RFP. Attendance at the Pre - Proposal Conference is not mandatory, however, attendance by those who intend to respond is strongly encouraged. Questions may be submitted to Mr. Rodriguez, Director, Office of Asset Management, in writing, prior to the conference. The City will conduct an on -site inspection of the Property following the Pre -Proposal Conference. 96- 52 Please carefully review the contents of this RFP. Proposals must contain the information required by this RFP in order to be eligible for consideration. Failure to submit this information or failure to meet the minimum qualifications and/or requirements will automatically disqualify the Proposal and the Proposer. No additions or modifications may be made to the Proposal after the date and time advertised for receipt of Proposals (the "Submission Date"). Furthermore, any person(s) included in Section V of the Proposal may not be substituted or withdrawn from participation after the Submission Date. Proposals must be received by Walter J. Foeman, City Clerk (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133, by 2:00 p.m., Friday, October 25, 1996. The City is not responsible for deliveries or attempts to deliver Proposals by any party to any other location nor for assuring that Proposals delivered by the U.S. Postal Service or other services arrive at the proper destination (as shown above) prior to the deadline. At the deadline, the Clerk will cease accepting delivery of Proposals. A list of all Proposals will be made public on the Submission Date. The City reserves the right to reject any and all Proposals received as a result of this RFP, or to request written clarification of Proposals and supporting materials at any time prior to entering into a Lease Agreement. Sincerely, Cesar H. Odio City Manager 96- 528 TABLE OF CONTENTS PUBLIC NOTICE 6 INTRODUCTION 7 A. Location and General Information 8 B. Architectural Information 9 C. Historical Information 10 D. Historic Designation 10 E. Special Conditions 12 F. Condition of the Property 13 III. CITY'S GOALS AND OBJECTIVES FOR THE USE OF THE PROPERTY A. Goals 13 B. Objectives 13 IV. MINIMUM ACCEPTABLE REQUIREMENTS A. Proposer Qualifications 14 B. Lease Term 14 C. Base Rent and Percentage Rent 14 V. REQUIREMENTS FOR PROPOSALS AND INSTRUCTIONS TO PROPOSERS A. Submission Procedures 15 B. Proposal Format and Content 16 VI. EVALUATION AND SELECTION CRITERIA A. Initial Review Phase 20 B. Evaluation Phase 21 C. Interview Phase 23 D. Award of Lease Agreement 23 E. Lease Agreement 23 F. Anticipated Schedule 24 96-- TABLE OF CONTENTS (Continued) VII. EXHIBITS A. Proposer's Declaration 26 B. Minority Participation Information Sheet 27 C. Debarment and Suspension Certification 29 D. Public Entity Crime Statement 30 APPENDIX A. City of Miami Charter Section 29-B B. City of Miami Zoning Ordinance 607.-607.11 C. Article VI Sidewalk Cafes, of the Code of the City of Miami D. Chapter 23.1 of the Code of the City of Miami E. Resolution HEPB-96-11 F. Inventory List 96- 52 PUBLIC NOTICE CITY OF MIAMI, FLORIDA REQUEST FOR PROPOSALS FOR THE LEASING OF THE CITY OWNED PROPERTY FOR RESTAURANT USE LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA The City of Miami is seeking Proposals from qualified and experienced individuals, corporations or other legal association, in the restaurant business, to lease, manage and operate the City -owned property, known as Historic Fire Station No. 4, located at 1000 South Miami Avenue, Miami, Florida (the "Property"). Copies of the Request for Proposals (the "RFP") may be obtained from the City of Miami, Office of Asset Management, City of Miami Riverside Center, 444 SW 2nd Avenue, Third Floor, Miami, Florida 33130, Telephone (305) 416-1450. The RFP contains information regarding the Property, the submission requirements and the selection procedures to be used in selecting the most qualified and advantageous Proposal for the City. The City will conduct a Pre -Proposal Conference on Friday, August 9, 1996 at 10:00 a.m., at the Office of Asset Management. Attendance at the Pre -Proposal Conference is not mandatory, but strongly encouraged for those who intend to submit a Proposal. Proposals must be received by Walter J. Foeman, City Clerk (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, October 25, 1996. The City reserves the right to accept any Proposal deemed to be in the best interest of the City, to waive any irregularities, or to reject any or all Proposals, or to request written clarification of any information or statement included in the Proposals, or to re - advertise for new Proposals. Adv. No. 0327 1.1 Cesar H. Odio City Manager 95- 528 I. INTRODUCTION The City of Miami, (the "City") has determined that the City -owned propel formerly known as the Historic Fire Station No. 4, located at 1000 South Miat Avenue, Miami, Florida (the "Property"), is not needed at this time for use by tr City. Accordingly, the City has determined that leasing the Property to genera revenue will promote the general comfort, welfare and commerce of the City ai its inhabitants. Therefore, pursuant to the authority granted to the Ci Commission by Charter of the City of Miami and general law, the City is solicitii proposals for the lease of the Property. The City, has issued this Request for Proposals (the "RFP"), soliciting proposa from individuals, corporations or other legal associations ("Proposers") having t� requisite qualifications and experience in the restaurant field, to lease, mans; and operate the Property. Proposers, in preparing and submitting their responF- to this RFP, (the "Proposal") must comply with the instructions and requiremen of this RFP. All Proposals which meet the minimum requirements of this RFP w be ranked according to the information provided in the Proposal. The Ci Manager, or his designee, will negotiate with the Proposer(s), in rank order, recommend a lease agreement to the City Commission which offers the City th highest total compensation. The City Commission's decision as to the award the lease or rejection of the lease shall be final. Also, if as a result of this RFP, the City receives less than three (3) Proposals, th City Commission is prohibited from leasing the Property unless the lease approved by a majority of the votes cast by the electorate of the City of Miami at referendum. All costs associated with the referendum shall be the responsibility the Proposer. See, City of Miami Charter Section 29-13, a copy which is included i this RFP as Appendix "A". All inquires should be directed, in writing, to Mr. Eduardo Rodriguez, Director, Cil of Miami, Office of Asset Management, City of Miami Riverside Center, 444 SW 2' Avenue, Third Floor, Miami, Florida 33130. Written inquires and responses will b furnished, as an addendum to the RFP, to all individuals, corporations or oth: legal associations participating in this RFP, as evidenced by entry in th distribution log that records all parties who have received this RFP. The City will conduct a Pre -Proposal Conference on Friday, August 9, 1996, 10:0 a.m., at the City of Miami, Office of Asset Management, City of Miami Riversid Center, 444 SW 2"d Avenue, Third Floor, Miami, Florida, to answer question 96 — and/or clarify the statements and requirements contained in this RFP. Attendance at the Pre -Proposal Conference is not mandatory, however, attendance by those who intend to respond is strongly encouraged. Questions may be submitted to Mr. Rodriguez, Director, Office of Asset Management, in writing, prior to the conference. The City will conduct an on -site inspection of the Property immediately following the Pre -Proposal Conference. II. THE PROPERTY A. Location and General Information 1. Location of the Property 1000 South Miami Avenue Miami, Florida 33130 2. Owner City of Miami 3500 Pan American Drive Miami, Florida 33133 3. Legal Description Miami (A.L. Knowlton) South, Block 74, North 100 feet of Lots 1, 2 and 3 Folio No. 01-0207-040-1010 4. Zoning The Property is located within Zoning District SD-7 Central Brickell Rapid Transit Commercial -Residential District. A copy of Sections 607.-607.11 of the Zoning Ordinance of the City of Miami is included in this RFP as Appendix "B". 5. Outdoor Dining The Property may be utilized for outdoor dining or other appropriate uses as allowed in the SD-7 Zoning District. Exterior space include the front yard on Miami Avenue, the side yard adjacent to 101h Street, and the roof deck over the one-story garage wing. For information and regulations pertaining to sidewalk cafes see Article VI of the Code of the City of Miami included in this RFP as Appendix "C". s 6. Size Land: +/- 15,000 square feet, .34 acre 7. Improvement A two story CBS construction restaurant building containing approximately 9,930.39 square feet. V Floor: +/- 5,892.47 SF 2"d Floor: +/- 4,037.92 SF TOTAL: +/- 9,930.39 SF 8. Ceiling Height First Floor: 9.5 feet Second Floor: 9 feet 9. Fixtures, Furniture and Equipment The Property includes fixtures, furniture and equipment. An inventory list is included in this RFP as Appendix "F". 10. Appraisals The City has available, for inspection, appraisals of the Property which were prepared in May 1996. Proposers may inspect and or request copies by contacting Sharlene Adelman, City of Miami, Office of Asset Management, 444 SW 2"d Avenue, Third Floor, Miami, Florida 33130, telephone number: (305) 416-1450. B. Architectural Information Located on the southwest corner of SW 10th Street and South Miami Avenue, the Property is a Mediterranean Revival style building which fronts directly on the street. Originally constructed as a fire station, the building is of concrete block construction and is finished with walls of rough stucco. The building is topped with a low pitched hipped roof with deep overhanging eaves and is covered with barrel tiles. The building has been restored to its original configuration as a fire station and features round arched garage doors on either side of the main entrance. The northern two bays, which were added in 1956 and 1968, contain compatible glass windows and doors which are in the original garage openings. The building's original windows have also been restored and contain wood frame double hung sash with twelve -over -twelve lights and plain cement sills. The second story windows in each wing on the east facade feature decorative balconets. The wrought iron railings are embellished with a fleur-de-lis design in the center and are supported by bracketed concrete floors. Canvas awnings to match the originals have also been installed. The fire station is decorated with quoins on both corners of each wing and with a deep channel molded cornice under the eaves. C. Historical Information Miami's Fire Department had its beginnings in 1899 with a force of five volunteers. The first fire station was built in 1907. As the City grew, additional stations were built in 1915 and 1919. The Property known as Fire Station No. 4, was completed in 1923. The Property, was the first of several stations constructed during the boom years of the 1920's as the City responded to the increasing demand for City services. The Property which operated as a fire station until 1980, is the oldest of these early fire stations still in existence. The Property is an excellent example of Mediterranean Revival style architecture, and the application of this style to a fire station attests to its broad local popularity. Although this building is one of several City fire stations constructed with Mediterranean details, it is the most outstanding of the remaining fire stations. The Property was designed by H. Hastings Mundy, a prominent local architect who was responsible for numerous public building in South Florida. Mundy also designed Trinity Episcopal Cathedral, Coconut Grove Elementary School, Dade County Agricultural School (Miami Edison), Robert E. Lee Junior High School, and the Old Homestead City Hall. D. Historic Designation The Property was designated by the Miami City Commission as a historic site on June 15, 1983, by Ordinance No. 9646, in accordance with Section 23.1-3 of the Code of the City of Miami. See, Chapter 23 of the Code of the City of Miami, a copy of which is included in this RFP as Appendix "D". The Property was listed in the National Register of Historic Places on March 8, 1984. 10 96- 52 Because the Property has been designated a historic site by the City of Miami, all changes to the exterior of the building or the site must be approved by the City's Historic and Environmental Preservation Board. Any alterations to the exterior of the building must meet the Secretary of the Interior's "Standards for Rehabilitation". The intent of historic designation is to preserve the original historic and architectural integrity of the building and to adapt any proposed new use to the historic character of the building. During the previous rehabilitation of the building, the exterior was returned to its appearance in 1923. It is unlikely that any substantial alterations would be approved for this original building. The interior of the original fire station was also carefully restored, and significant architectural features and spaces were preserved and/or reconstructed. These include the central entrance lobby and staircase, the open bays on either side of the lobby, moldings, woodwork, the fire poles, and the small cubicles on the second floor. These features and spaces should be retained in substantially their same form. More flexibility, however, would be allowed in the two northern fire truck bays where the existing bar is located. The former tenant of the Property, installed a sign, which is still located on the Property, facing South Miami Avenue (the "Firehouse Four Sign"). The Firehouse Four Sign was installed without a permit and is not compatible with the architectural character of the building. At such time as the City enters into a Lease Agreement, the City will require the lessee to undertake, at lessee's sole cost and expense, all necessary acts in order to correct this violation, including the removal of the sign. In addition, the former tenant made unpermitted alterations to the doors facing the courtyard on the northwest corner of the Property. After the fact approval was subsequently requested, but was denied by the Historic and Environmental Preservation Board (the "Board"). The Board further required that the building be restored to its appearance prior to these alterations. This work was never completed, and the Board's order still stands. The Board was asked to reconsider its decision at the meeting of April 16, 1996, at which time the request was again denied. The Board did however agree to review and reconsider said denial at the time a new operator presents proposed plans for the redevelopment of the Property to the Board. See Resolution HEPB-96-11, included in this RFP as Appendix "E". At such time as the City enters into a Lease Agreement, the City will 11 96- 5 require the lessee to undertake, at lessee's sole cost and expense, all necessary acts in order to correct this violation, if required by the Board. E. Special Conditions 1. Development Restrictions Any new construction, alteration, relocation or demolition at the property requires a certificate of appropriateness in accordance with Section 23.1-5 of the Code of the City of Miami. 2. Parking The Property has no parking available on -site. Off -site parking is limited. Since it is the intention that auto traffic be minimized in the SD-7 Zoning District there is no off-street parking required. The Proposers are required to develop a parking plan, with operators of parking facilities in the area, to service the Property. For information on parking operators in the area, please contact Patti Allen, Director, Downtown Development Authority at (305) 579-6675. 3. Correction of Existing Violations at the Property The existing violations referenced in paragraph D, above, must be corrected in accordance with the City's Historic and Environmental Preservation Board requirements. 4. Air Conditioning Equipment An insurance claim has been filed for the cost of the air conditioning units which were vandalized. The missing A/C equipment had a total of 34 tons. In the event the City receives these funds from the insurance company, and only in that event, the City will make these funds available to the lessee, for the sole purpose of (i) replacing the missing A/C equipment, or (ii) to reimburse the lessee in the event the lessee has already replaced the missing A/C equipment. 12 9r- 52 5. Taxes The Agreement shall contain a provision requiring the lessee to pay any and all taxes, including ad valorem taxes, which may be assessed against the Property and its contents. 6. Insurance The lessee shall be responsible for obtaining, at its sole cost and expense, commercial general, including liquor legal liability, with a minimum combined single limit of $1,000,000, automobile liability with a minimum combined single limit of $300,000, "all risk" property insurance insuring 100% of the replacement cost of the Property and workers compensation coverage at statutory limits. The City reserves the right to amend the insurance requirements by issuance of a written notice to lessee. F. Condition of the Property The Property, its improvements, and all fixtures, furniture and equipment are offered "as is". No representations or warranties whatsoever are made as to its condition, state or characteristics by the City. Express warranties, implied warranties of fitness for a particular purpose or use and habitability are hereby disclaimed. Testing, audits, appraisals, inspections, etc., desired or necessary to prepare a Proposal shall be at the sole cost and expense of the Proposers. The Property will be made available for inspections, by appointment only. Appointments may be scheduled by contacting Sharlene Adelman, City of Miami, Office of Asset Management, telephone number (305) 416-1450. III. CITY'S GOALS AND OBJECTIVES FOR THE USE OF THE PROPERTY Proposers, in their Proposals must meet the following goals and objectives for the use of the Property: 13 96. 528 A. Goals 1. To generate revenue for the City. 2. To stimulate economic activity in the area. 3. To create a local attraction for residents and tourists to enjoy. 4. To preserve a historic structure in the area and utilize it as a tool for economic development. B. Objectives 1. To select a qualified and experienced person, corporation or other legal association, for purposes of entering into a lease of the Property. 2. To lease the Property for use as a restaurant in an efficient manner so as to minimize the annual cost of operation while maintaining high standards of operation. 3. To lease and operate the Property as a successful restaurant as its principle use with retail and entertainment services as accessory uses which are customarily and clearly incidental to the operation of a restaurant. IV. MINIMUM ACCEPTABLE REQUIREMENTS A. Proposer Qualifications No Proposal will be accepted from or contract awarded to, any person, corporation or other legal association which does not have at least seven (7) years of direct restaurant experience during the last ten (10) years or five (5) years of experience directly involved in the ownership and day to day operation of a restaurant during the last ten (10) years. Failure to meet this minimum qualification will automatically disqualify the Proposal and the Proposer. B. Lease Term Any lease entered into as a result of this RFP will be for a term of fifteen (15) years with two five (5) year options. The rent payable during the option terms shall be adjusted on the basis of the current market rents at that time. Proposals offering to lease the Property for a term longer than the term herein described will be automatically disqualified. 14 C. Base Rent and Percentage Rent Any Proposal offering less than the minimum acceptable base rent and percentage rent (based on gross sales), as specified below, will be automatically disqualified. 13AS IRENT ;,,,, ., PERCENTAG.E,,;R NV' 1-3 $ 76,500/YR plus 6% over $2,200,000 4-6 $ 83,385/YR plus 6% over $2,400,000 7-9 $ 90,890/YR plus 6% over $2,600,000 10-12 $ 99,070/YR plus 6% over $2,850,000 13-15 $107,896/YR plus 6% over $3,100,000 The City will provide up to a fifty percent (50%) reduction in the total amount of rent due for the first six months of the lease term, for the sole purpose of providing assistance for the initial marketing plan and grand opening of the Property. V. REQUIREMENTS FOR PROPOSALS AND INSTRUCTIONS TO PROPOSERS Proposal will be received by the City Clerk of the City of Miami in accordance with the requirements set forth in this RFP. Failure to submit the information requested herein, or failure to meet the minimum qualifications, and/or requirements of this RFP or failure to complete and include all forms attached to this RFP will automatically disqualify the Proposal and the Proposer. A. Submission Procedures The Proposer shall submit the Proposal to the City as follows: 1. One original and nine copies of the Proposal shall be provided on 8 1/2" x 11" paper and shall be bound. 2. The Proposal shall be submitted in a sealed envelope which shall have the following information on the face of the envelope: "RFP FOR THE LEASING OF THE CITY OWNED PROPERTY, FOR RESTARUANT USE, LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA" marked with the Submission Date: "FRIDAY, OCTOBER 25, 1996" 15 96- 528 and addressed to: Cesar H. Odio City Manager City of Miami 3. The Proposal must be received by the City at: Office of the City Clerk City of Miami City Hall (First Floor Counter) 3500 Pan American Drive Dinner Key Miami, Florida 33133 4. Proposals must be received by the City Clerk by: Friday, October 25, 1996, at 2:00 p.m., local Miami time When Proposals are sent by mail to the City Clerk, the Proposer shall be responsible for their delivery to the City Clerk by the above stated date and hour. If the mail is delayed beyond the date and hour set for the Proposal receipt, Proposals thus delayed will not be considered and will be returned unopened. B. Proposal Format and Content All Proposals must include the following information: 1. Letter of Transmittal Each Proposal shall include a letter of transmittal, which bears the signature and title of an authorized representative of the Proposer. The letter shall be addressed to Eduardo Rodriguez, Director, City of Miami, Office of Asset Management. The Proposer shall express in this letter, that its offer to lease the Property, at the rent specified in the Proposal is firm and that the Proposer, if selected, will enter into negotiations with the City as to the additional terms and conditions of the lease. The letter should include a brief summary of the Proposer's understanding of the City's goals for the use of the Property. The letter shall also authorized the City of Miami to solicit and obtain information and verification from any source named in or in connection with the Proposal. The letter should be executed in substantially the following form: 16 99- 52� THIS PROPOSAL SUBMITTED BY; (Name of Individual, Corporation or other Legal Association) (Address of Individual, Corporation or other Legal Association) (Signature) (Signature) (Title) (Title) (If corporation, please affix corporate seal) 2. Proposer Information The Proposal shall contain the following minimum information pertaining to its organization. a) A brief description of Proposers firm which shall include, legal form and ownership, headquarters and other office addresses and telephone numbers. (Submit all appropriate documentation, for example, corporations must attach a copy of its articles of incorporation and certificate of good standing, partnerships must include a copy of the partnership agreement.) b) Names, titles, and reporting relationships of key officials or employees. c) Indicate who is authorized to bind the Proposer in negotiations with the City. (Submit certified copies of all appropriate documentation to that effect.) 3. Qualifications and Experience Proposers whether they be individual, corporation, partnership or joint venture must have a minimum of seven (7) years of direct restaurant experience during the last ten (10) years or five (5) years experience directly involved in the ownership and day to day operation of a restaurant during the last ten (10) years. 17 95- 528 a) If the Proposer is a corporation, at minimum, one of the Proposers corporate officers who will be involved in the day to day management must employ management consistent with the criteria set forth in the first paragraph of this Section. b) If the Proposer is a partnership or individual, the individual himself or the partner who will manage the day to day operation must meet the required criteria set forth in the first paragraph of this Section. c) If the Proposer is a newly formed joint venture, for the purpose of this Proposal, at least one of the joint venture partners must be involved in the day to day operation and must meet the criteria set forth in the first paragraph of this Section. d) In all cases whether corporation, partnership, joint venture or individual, Proposer must provide the following: • Specific data that supports the statements of experience and qualifications. • Detailed description of the qualifications and experience of each individual identified as it relates to the restaurant management and operation. Emphasis should be placed on those areas which evidence their ability to manage and operate a similar facility. • Five (5) references including how you have been associated to the reference and contact information including their address and phone number. • Each individual identified shall provide his or her legal name, most current address, social security number, date of birth, and marital status for the purpose of background checks by the City and shall agree to execute appropriate documents as may be required for such purposes. 18 96- 528 • Proposals must identify any subcontractor it will employ and describe the work to be performed under any subcontract. At the time of submission of Proposals, the Proposer must be authorized to do business in the State of Florida, Dade County and the City of Miami. If a corporation, must be incorporated under the laws of one of the states of the United States. 4. Operational Plan Proposers shall set forth in the Proposal a detailed management and operational plan which, at a minimum, should include the following: a) Concept - Detail how your concept relates to the current industry trends. Define the "niche" within which you feel your concept would be categorized. Provide a complete menu identifying price/value points and include a P & L providing all data including but not limited to food costs, labor costs, and al other fixed and variable costs existent in your operation today, If this is a start-up operation, explain how you projected the costs and what you based this upon. Describe the ambiance of the interior, and if in existenc,- today, provide photographs and menus of the operation. I this is a new concept, detail the intended interior and illustrat. the proposed concept. Indicate how much of the operation will be food to liquor an( how you will utilize and service a bi-level food operation. b) Operating History - Provide background information on th concept including when the operation first started and th growth history of the company to date. Include the number restaurants currently operating and how many are in development stage. Detail the layout similarities of th Property to that of existing restaurants that you have i operation today. Provide copies of all public relations mated. 19 96 that has been printed on the restaurant. An actual business plan will have to replace operating history data. c) Marketing/Advertising d) Ancillary Uses e) Maintenance Operations f) Procurement Activities g) Security h) Parking Provisions 5. Financial Plan The Proposer shall set forth in the Proposal a detailed five-year fiscal plan covering both revenues and expenses, including the annual guarantee lease fee and percentage rent which the Proposer is offering to the City. Also, the Proposal should include an analysis of working capital commencing from the opening day of the operation. In addition, explain in detail the analysis used for the "debt to equity" ratio on this project. 6. Lessee Improvements The Proposer shall provide in the Proposal a detailed description of any proposed physical improvements which the Proposer plans to undertake at the Property, including an accurate estimate of the cost of such improvements. In no event shall the final terms and conditions of the Lease Agreement provide for estimated cost of improvements which vary below 15% of what was estimated in the Proposal. Proposal must include a detail explanation of the source(s) of funds to be used to cover the proposed cost of improvements. 7. Financial Qualifications The Proposer shall include in the Proposal financial statements (balance sheet and income statement at a minimum) along with banking references evidencing Proposers' ability to provide adequate working capital to meet the requirements of the Lease Agreement. Proposers can not supplement or add to the Proposal after the date and time advertised for receipt of Proposals. Proposers must ensure that the Proposal contains all necessary and appropriate information and documentation required by this section. The City reserves the right, at the City's 20 96- 5, sole discretion, to request additional information from the Proposer for purposes of clarifying any financial statement or documentation included in the Proposal. 8. Minority Participation/Local Preference The participation in the Proposal of local minority and/or women -owned business enterprises (M/WBEs) and individuals is strongly encouraged. Proposers which are minority enterprises and/or include minorities will be required to comply with all applicable federal, state and local affirmative action and minority procurement legislation. 9. Development Schedule The Proposer must include in the Proposal a detailed time -line proposed schedule for each of the following: a) Planning b) Design c) Construction Drawings d) Permit Application e) Plans Review & Issuance of a Building Permit f) Construction Schedule g) Issuance of C.O. and Rent Commence Date 10. Section VIl - Exhibits Proposers must complete and include in the Proposal a Proposer's Declaration, all applicable minority participation documentation and affirmative action program policy information, debarment and suspension certification and a public entity crime statement, all of which are contained in this RFP in Section VII - Exhibits. VI. EVALUATION AND SELECTION CRITERIA All Proposals received by the City by the advertised date and time will be reviewed and evaluated as follows: A. Initial Review Phase All Proposals will be initially reviewed by staff for compliance with the minimum requirements of this RFP. Any Proposal which does not contain all of the required 21 96- 52( documentation will be rejected as nonresponsive and eliminated from further consideration. B. Evaluation Phase All responsive Proposals will be evaluated based on the following criteria and values: CRITERIA POINTS Qualifications and experience of the Proposer 15 General and specific management and operational plan 30 Return to the City in excess of the required minimum 15 Financial qualifications of the Proposer and the financial plan 30 Extent of minority ownership/participation 10 TOTAL MAXIMUM POINTS 100 The evaluation shall be conducted by a committee appointed by the Miami City Commission, (the "Selection Committee"). The Selection Committee shall consist of an appropriate number of city officials or employees and an equal number plus one of members of the public. The individual score and ranking by the Selection Committee members will determine the final ranking of the Proposal for this phase. The Selection Committee shall then determine the number of qualified Proposals which will proceed to the next phase of the evaluation process. The following factors will be considered by the Selection Committee when scoring each criteria: Qualifications and experience of the Proposer - 15 points • Qualifications and specific experience in restaurants of similar size and proposed concept • Overall extent of restaurant management/operation experience • Specific qualifications and experience in relation to ancillary uses proposed 22 96-- 528 General and specific management and operation plan - 30 points Existing concept vs. start up operation • Overall ambiance of improvements • Menu/Pricing/Value • Operation of ancillary uses • Marketing/advertising budget and plan • Maintenance budget and plan • Security budget and plan • Parking provisions Return to the City in excess of the required minimum - 15 points • Proposals received which provide for a return to the City in excess of the required minimum Financial qualifications of the Proposer and the financial plan - 30 points • Demonstrated financial capability of the Proposer in terms of net worth, and working capital contribution for operations • Viability of proposed fiscal plan in terms of proposed capital improvement investment, financing strategy and funding sources, expense and revenue projections and debt/equity ratio Extent of Minority Participation - 10 points • Minority/Women participation in key staff positions, and in any subcontracts for operations 23 96- 528 C. Interview Phase The Selection Committee may interview and/or request oral presentations from the Proposers whose Proposals have been selected in the prior phase of this process. The Selection Committee may establish a second evaluation and ranking of the Proposals as a result of such interviews and/or oral presentations based on the established criteria in this RFP. D. Award of Lease Agreement i The City Manager, or his designee, will undertake negotiations with the Proposer whose Proposal has received the highest ranking for purposes of entering into a Lease Agreement for the use, management and operation of the Property. In the event that satisfactory terms and conditions cannot be reached with the Proposer who has submitted the highest ranked Proposal, the City Manager may begin negotiations with the next ranked Proposer. The City Manager reserves the right to limit the number of ranked Proposals for the purpose of negotiating the Lease Agreement. The City Manager shall submit recommendations as to the award of the Lease Agreement to the City Commission, which may reject the proposed Lease Agreement, or if the City Commission determines that it is in the best interest of the City to enter into the proposed Lease Agreement, then subject to compliance with the provisions of Section 29-B of the City Charter, the City Commission may approve the proposed Lease Agreement. The Proposer recommended by the City Manager shall have no vested right, title or interest in any contract with the City until the Lease Agreement is accepted by the City Commission and duly executed by the City Manager. E. Lease Agreement The triple net Lease Agreement to be negotiated shall address, but not be limited to the following terms and conditions: • Lease Term (as specified in this RFP) • Base Rent (cannot be less than the minimum specified in this RFP) • Percentage Rent (cannot be less than the minimum specified in this RFP) 24 95- 528 • Insurance • Performance and Payment Bond • Indemnification • Assignment of Lease • Use Clause • Restrictions on Use • Personal Guarantees • Improvements/Costs • Furnishings, Fixtures and Equipment • Operation and Management of Leased Premises • Public Charges/Fees/Taxes • Maintenance, Repair and Replacement • Default - Termination • Sublease • Examination of Premises • Audit Rights • Award of Agreement • Conflict of Interest • Non -Discrimination • Rules and Regulations • Compliance with Federal, State and Local Laws • Minority Procurement • Taxes • Miscellaneous F. Anticipated Schedule Request for Proposals Issued July 25, 1996 Pre -Proposal Conference August 9, 1996 Submissions Due October 25, 1996 Selection Committee Evaluation of Proposals October 28, - November 8, 1996 Interviews of Proposers Contract Negotiations with Selected Lessee Contract Execution/Initiation of Service 25 November 12, - November 22, 1996 January 14, - February 14, 1997 March, 1997 96- 52E VII. EXHIBITS A. PROPOSER'S DECLARATION B. MINORITY PARTICIPATION INFORMATION SHEET C. DEBARMENT AND SUSPENSION CERTIFICATION D. PUBLIC ENTITY CRIME STATEMENT WO 9r-. EXHIBIT A PROPOSER'S DECLARATION: Submitted 1996 The undersigned, as Proposer, declares that the only persons interested in this Proposal in response to the Request for Proposals for the leasing, management and operation of the City owned Property, for restaurant use, located at 1000 South Miami Avenue, Miami, Florida, the "RFP" and the "Proposal" are named herein, that no other person has any interest in the Proposal or in the Lease Agreement to which the Proposal pertains, that this Proposal is made without connection or arrangement with any other person and 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 himself/herself fully concerning all matters and conditions with respect to the RFP. If this Proposal is accepted, the Proposer agrees to execute a Lease Agreement for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami for the performance of all requirements to which this Proposal pertains. The Proposer states that this Proposal is based on the Request for Proposals issued July 25, 1996, and its addenda, if any. Signature Title 27 Name of Firm, Individual or Corporation Signature Title 96- 52 EXHIBIT B INFORMATION SHEET MINORITY/WOMEN CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY/WOMEN CLASSIFICATION OF BUSINESS ENTERPRISE (Proposer): () Black () Hispanic () Women () Other (Non-Minority/Female) 2. Detail MINORITY/WOMEN PARTICIPATION within your firm, or as it may apply to the Proposal, if awarded: A. Joint Venture: Provide information regarding Minority/Women firm 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. Firm Name/Address Gender/Ethnicity % of Service C. SUPPLIERS: Provide information regarding Minority/Women firms that will supply you with goods or services for this Service. Firm Name/Address Gender/Ethnicity % of Service 11 W. 95- 528 D. AFFIRMATIVE ACTION PROGRAM POLICY If existing, date implemented (include a copy of your policy in the Proposal): If planned, date of proposed implementation: PROPOSER: SIGNATURE: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFTHIS PROPOSAL. - Total Number of Employees: NUMBER PERCENTAGE Anglo: Male Female Hispanic: Male Female Black: Male Female Other: Male Female 29 95- ,DEBARMENT AND SUSPENSION City of Miami Code Sec. 18-56.4 EXHIBIT "C" (a) Authority and requirement -to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the city manager, after consultation with the chief procurement officer and the city attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three (3) years. The city manager shall also have the authority to suspend a contractor from consideration for award of city contracts if there is probable cause for debarment, pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with. regulations which shall be issued by the chief procurement officer after approval by the city manager, the city attorney, and the city comrission. (b) cruses for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions, which is regarded by the chief procurement officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to -perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; 5. Debarment or suspension of the contractual party by any federal, state or other governmental entity; 6. False certification pursuant to paragraph (c) below; or 7. Any other cause judged by the city manager to be so serious and compelling as to affect the responsibility of the contractual party performing city contracts. (c) Certification: All contracts for goods and services, sales, and leases by the city shall contain ;a certification that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been -convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b)(5). Company name: Signature: Date: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS PROPOSAL 95- EXIiIBIT "D" SWORN STATEMENT PURSUANT TO SECTION 237.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTIlEa OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of the public entity] by (print Individual's name and tMel for (print name of entity submitting sworn statement] whose business address is and (if applicable) Its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ,) 2. I understand that a 'public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitntst, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that 'convicted" or "conviction" as defined in Paragraph 287.133(1)(b); Florida Statutem means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A prc-d`ecessor or successor of a persoa wavic teu of a public entity crime-, or Z. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shalt be a prima facie case that one person controls another person. A person who Ihmowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida.during the preceding 36 months shall be considered an affiliate. 5. I understand that a 'person' as defined in Paragraph 287.133(i)(e), Florida Statutes, means any natumi person or entity organized under the laws of any state or of the United States with the legal power to Bitter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, end agents who are active in management of an entity'. 6. ' EXHIBIT "D" (continued) Based on information and bcuef, the statement which I have marked bolo. .s two in relation to the entity submitting this sworn statement. (indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swam statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity acme subsequent to July 1, 1989. The entity submitting this swam statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity -has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known OR Produwd identification (Type of identification) Form PUR 7068 (Rev, 06/11/92) (signature] day of .19 Notary Public - State of My commission expires (Prin(ed typed or stamped commissioned name of notary public) 95- 5: APPENDIX A. City of Miami Charter Section 29-B B. City of Miami Zoning Ordinance 607.-607.11 C. Article VI Sidewalk Cafes, of the Code of the City of Miami D. Chapter 23.1 of the Code of the City of Miami E. Resolution HEPB-96-11 F. Inventory List 30 96- 528 APPENDIX "A" City of Miami Charter Section 29-13 95- 5�. § 29-A APPENDIX "A" CHARTER AND RELATED LAWS (2) All persons contracting with the city under this section shall be obligated to pay which- ever is the greater of the following: (i) all applicable ad valorem taxes that are lawfully assessed against the property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by a potential bidder or con- tractor that contemplates more than the es- timated extent of the city's proposed commit- ment of funds, property, or services shall be ineligible for acceptance by the city commission. (4) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alteration of any contract awarded under subsection (c) of this section shall enti- tle the city commission to terminate the con- tract 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 the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11-6-79; Ord. No. 9507, § 1, 10-28-82;Zhar. Amend. No. 1, 11-2-82; Char. Amend. No. 1, 11-4-86; Char. Amend. No. 3, 11-3-87) Editor's note —Ord. No. 9489, adopted by the commission on Sept. 17, 1982, set forth Charter Amendment No. 1 for i approval/rejection at election on Nov. 2, 1982. On Oct. 28, 1982, Ord. No. 9507 amended the language of subsections (a) and (c) of § 53 as proposed by Ord. No. 9489. The election was to approve the language of Charter Amendment No.1, as amended by Ord. No. 9507. Subsequently, in light of Charter Amend- ment No. 2 of Nov. 3, 1987, the city attorney directed the codifier to delete paragraph (ii) of subsection (d) as superseded by § 29-B. Annotations —For case decided prior to enactment by Char- ter Amendment No. 3 of 1979 of a competitive -bidding re- quirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d 926. Said case held that competitive bidding is not required to lease city real estate. Material variance between plans bid upon and plans sub- mitted and adopted.renders contract void, Glatstein v. City of Miami, 399 So. 2d 1005. Supp. No. 29 Subpt. A Sec. 29-B. City -owned property sale or lease — Generally. Notwithstanding any provision to the contrary contained in this Charter or the.City,Cvde, except for the conveyance or disposition of city -owned property implementing city -assisted housing pro- grams or projects which are intended to -benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Hous- ing Act of 1972, as those statutes may be amended or revised from time to time, implementing city - assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Rede- velopment Act of 1969, and implementing pro- jects of any governmental agency or instrumen- tality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a re- turn to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably consider- ing any sale or lease of city -owned property un- less (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or les- sees, said advertisement to be no less than one- fourth (Y4) page and the headline in the adver- , tisement to be in a type no smaller -than 18-point and, (b) there shall have been at least three (3) written proposals received from prospective pur- chasers or lessees; however, if there are less than guar- anteed (3) such proposals received and if the return under the proposal whose accep- tance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummat- ed. As a further exception to the above require- ments and any other requirement for competitive 34 96- 52. Subpt,. A CHARTER § 30 bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements where the intended use of such property or interest therein is in further- ance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or in- dividuals. In determining low and/or moderate in- come households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Char. Amend. No. 2, 11-3-87) Sec. 29-C. Same —Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy or use of the area known as Watson Island unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, revo- cable permit or license agreement, an advertise- ment soliciting proposals for said sale, lease, man- agement agreement, revocable permit, or license agreement published in a daily newspaper of gen. eral paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of pro- posals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the pro- posed transaction be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charter section 29A(c) or (d) as appropriate and/or by applicable City Code .provisions. Nothing herein 'shall effect the ex- isting rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently sit- uated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compli- ance with the provisions of this amendment. This Charter Amendment shall not affect the city's use Supp• No. 47 34.1 or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing con. tained herein shall apply to projects of any gov- ernmental agency or inStru ririeritality. (Char. Amend. No. 1, 11-3.87) Sec. 29-D. City -owned waterfront property; leases with nonprofit organiza. tions; authorization to waive com. petitive bidding and referendum requirements; terms of lease. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of. Miami, the city commission is authorized to waive all competitive bidding and referendum require- ments when entering into a lease or extending an existing lease with a nonprofit, noncommercial, water -dependent organization which provides or seeks to provide marine -recreational services and/or activities to the community at any city owned waterfront property, provided all of the fol- lowing conditions are met: (A) The terms of the lease allow reasonable public access to the water and reasonable. public use of the property, and complies with all waterfront setback and view. corridor requirements set forth in the Charter and Code; (B) The use is authorized under the then ex- isting master plan of the city; (C) The terms of the lease require that the prop- erty be used for public purposes only; (D) The terms of the lease result in a fair re- turn to the city based on two (2) indepen- dent appraisals; and (E) The terms of the lease comply. -with all re- quirements pertaining to membership pre- scribed by ordinance for organizations using city facilities. (Res. No. 93.485, § 2, 7.22-93) Sec. 30. Local improvements. (a) Definitions; diuisions into classes. In this sec- tion the following words and phrases shall have the following meanings, unless some other meaning is plainly intended: 96- 528 §'18.75 MIAMI CODE § 18-78 Sec. 18-75. Contractor's certificate of compe- tency. (a) For the purpose of this section, the follow- ing terms, phrases, words, and their derivations shall have the following meanings: (1) Business enterprise means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association or any other legal entity. (2); Construction contract means agreements for the erection, alteration, demolition, or repair of any public building or any other kind of public work or improvement. (3) Minority and women -owned business enterprise means a business enterprise in which at least fifty-one.(51) percent of said enterprise is owned by Blacks, Hispanics or women whose man- agement and daily business operations are controlled by one (1) or more Blacks, Hispan- ics or women. (b) The owners of minority or women business enterprises submitting bids for construction con- tracts to be let by the city must be certified in the field for which the contract is to be let pursuant to chapter 489, Florida Statutes or Chapter 10, Code of Metropolitan Dade County in order to qualify for the minority or women preference on such contract. (Ord. No. 10332, § § 1, 2, 10-22-87) Editor's note —Sections 1 and 2 of nonamendatory Ord. No. 10332, adopted Oct. 22, 1987, have been codified as § 18-75 at the editor's discretion. Section 6 of the ordinance provides an effective date of January 1, 1989. Sec. 18.76. Administrative procedures. The departments of finance, public works and general services administration are authorized to establish the required administrative procedures to insure compliance with the provisions as set forth herein. The finance department is mandated to insti- tute .payment procedures which will insure, in those instances in which the M/WBE bid or con- tract requirements result in contracts, subcontracts or joint ventures for MIWBEs, that compensation provided pursuant thereto shall be in the form of Supp. No. 32 1220 a check made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/women business enterprise subcon- tractor or joint venture partner in an amount not to exceed the subcontracted or joint vg nture amount, based upon approved invoices submitted by the prime contractor, proposer or joint venture, to the city. In the event a dispute should arise as to the performance or payment of the primary contrac- for or bidder/proposer or the M/WBE, under the terms and conditions of the city, contract or pro- curement award document, compensation shall be withheld until such time as the dispute is re- solved in accordance with the procedures set forth in this chapter for resolving such disputes. All administrative directors shall amend their existing policies and procedures or to create such new ones as may be required to insure and report on compliance with all aspects of this article. (Ord. No.10538, § 4, 1-12-89) Sec. 18-77. Designation of director as respon- sible official for bid requirements, guidelines, etc. The director of the office of minority/women business affairs is designated as the official re- sponsible for establishing MIWBE bid and con- tract/award requirements, creating and implement, ing compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the city manager. (Ord. No. 10538, §. 5, 1-12-89) ARTICLE V. SALE OF REALTY' Sec. 18.78. Methods and procedures for sales and leases. Any sale, conveyance or disposition of any in. terest, including any leasehold in real property, owned by the city, the off-street parking depart- ment, or the downtown development authority shall be made in the manner set forth in this 'Note --See the editors note for Art. IV of this chapter. City charter references —Powers with respect to acquir- ing and disposing of property, § W% contracts for sales or lease of real property, §§ 29-A(d), 29.13. 95- 52 § 18-78 MJAMI CODE § 18-78.2.1 section, and said sale, conveyance or disposition shall be conditioned upon compliance with the provisions of this article V. Nothing in this sec- tion shall be construed to waive the special re- quirements for leases and contracts of waterfront property provided elsewhere in this Code or in the City Charter. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-78.1. Competitive sealed bidding. (a) Conditions for use. Competitive sealed bid- ding shall be used in those circumstances in which it is practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions relating to a property inter- est already owned by the city or to be- acquired and disposed of by the city, so that adequate com- petition will result and award may be made to the highest responsible and'responsive bidder. In all other instances there shall be a public notice required prior to the sale or disposition of city - owned property in. order to allow potential pur- chasers to compete.' (b) Invitations for bids. An invitation for bids shall include, but not be limited to, ah relevant items stipulated in section 18.52.1(b), as well as all information necessary to describe the particu- lar property interest owned or to be acquired and disposed of, including any conditions or restric- tions upon the use of such property.. (c) Public notice. Notice inviting bids shall be in accordance with the provisions 'of section 18-52.1(d). (d) .Prebid conferences. Prebid conferences to dis- cuss the contemplated purchase or disposition of property interest may be held in accordance with provisions of section 18-52.1(e). (e) Bid opening. Bid opening shall be in accord- ance with the provisions of section 18-52.1(e). (f) Bid acceptance and evaluation. Bid acceptance and evaluation shall be in accordance with the procedures established by the chief procurement officer. (9) Award The city manager shall submit rec- ommendations as to the award to the city com- mission, which may reject all bids. The contract Supp. No. 32 shall be awarded with reasonable promptness by written notice to the responsible and responsive bidder whose bid offers the city the highest*total compensation from the proposed .sale, lease, con- veyance or other disposition, as- 6he case may be. The decision of the city commission shall be final. All contracts shall be 'approved 'as to formm and correctness by the city attorney, and a copy shall be filed with the city clerk. (Ord. No. 9572, § 1, 2-10-83) City code cross reference —Competitive sealed bidding generally, § 18-52.1. Sec. 18-78.2. Emergency conveyances. The city commission or department of off-street parking board or the downtown development au- thority board of directors, as appropriate, may by resolution waive the requirement of sale, convey- ance or disposition to the highest responsible bid- der by means of the following procedure: The city manager, the director of the off-street parking department, or the director of the downtown de- velopment authority, as appropriate, must make. a written finding, supported by reasons, that a valid emergency exists. Such finding must be rat- ified by an affirmative vote of two-thirds of the city commission or applicable board, after a prop- erly advertised public hearing. In such event the city manager, the director of the off-street park- ing.department, or the director of the downtown development authority, as appropriate shall so- licit as many proposals as practicable for the sale, lease or conveyance or disposition of the property. The commission or applicable board, as appropri- ate, shall accept the proposal that is most advan- tageous. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-78.2.1. Sales to only possible bidder. The requirement of competitive bidding may be dispensed with upon a written finding by the city manager that such methods would be futile for the reason that only one (1) possible bidder could be chosen. In those instances the property shall be sold for the amount and in accordance with the procedure outlined in section 18-80(3) of this arti- cle. (Ord. No. 9572, § 1, 2-10-83) 1220.1 95- 528 § 18-78.3 FINANCE § 18.80 Sec. 18-78.3. Cancellations, determined by at least two (2) independent appraisers, both of whom shall be members The city, the off-street parking authority, and of the American Institute of Real Estate Ap- the downtown development authority shall have praisers, unless said appraisers cannot agree the right to cancel all invitations for bids or re- on value, in which case the higherv2lue shall quests for proposals before bid opening or propo- be deemed the appraised value. (Ord. No. 9572, sal submission and to reject all bids or proposals g 1, 2-10-83) after receipt. All invitations for bids and requests for proposals shall contain a reservation of the foregoing rights. In the event of such a cancella- tion or rejection, the chief procurement officer shall promptly notify all affected bidders or offer- ors and make available to them a copy of the written explanation for such cancellation or re- jection, which shall be a public record. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-79. Applicability to off-street park- ing/downtown development au- thorities. With the exception of the requirement for ad- vertisement prior to sale of real property, as con- tained in subsections 18-52.1(d) of article IV, the provisions contained elsewhere in this article'are not required to be followed. in effecting the sale, conveyance or disposition of real property owned by the off-street parking authority or the down- town development authority. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-80. Authority to sell. The city manager is hereby authorized to in- struct the chief procurement officer to sell any real property owned by the city not needed for public use or that may have become unsuitable for use by any city department, provided that: (1) Such' property cannot be leased so as to pro- duce revenue to the city; (2) Such property shall have first been offered for sale at its appraised value to Metropoli- tan Dade County and to the Dade County School Board; (3) Such property shall not be sold for less than its appraised value, unless express authority is given by the city commission. For purposes of this section, -appraised values shall be those Supp. Nu. 32 1220.2 96- 528 § 18-81 FINANCE § 18.93 Sec. 18-SL Commis. ion on sale The city will pay a real estate percentage com- mission of five (5) percent on all real estate sold by the city whenever a bid is made at a private sale through the efforts of a broker and the party making such bid is the purchaser of the property. The director of finance is hereby authorized to pay the same out of the proceeds of the sale. iOrd. No. 9572, § 1, 2-10-83) Sec. 18-82..Expenses of abstract of title. ' The ,director of finance is authorized to pay for the expense of updating or obtaining an abstract of title on all property sold by the city, to be paid out of the sale price of the property. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-83. Payment to be in cash, certified check. Terms are deemed to be all cash at time of closing. All costs involved in the sale of the prop- erty shall be the responsibility of the buyer, with the exception of the abstract and all customary proration of prepaid or delinquent costs. Buyer may pay cash, by cashier's check, by certified check, or by a combination thereof. (Ord. No. 9572, § 1, 2-10-83) Editor's note —With reference to § 18-83, and with regard to payment by check to the city, the user of this Code volume may wish to note that Res. No. 32424, adopted Dec. 7, 1960, provides, in part, "that no receipt evidencing payment shall be given unless the payment be in the form of legal tender, cashier check, certified check, postal money order or trav- elers'checks" and that "if any payment be received by means other than those [hereinabove] enumerated ..., no permit, receipt for taxes, license, certificate or other matter [shall] be delivered or released until the mode of payment has been properly honored." Sec. 18-84. City attorney responsible for closing of sale. It shall be the responsibility of the city attor- ney to effect the closing of any city property which is sold under this article. (Ord. No. 9572, § 1, 2-10-83) Sec: 18-85. Disposition of proceeds•from.sale. All money received from sales under this arti- cle shall be delivered over to the director. of fi- Supp. No. 24 ,1221 nance in accordance with the City Charter. (Ord. No. 9572, § 1, 2-10-83) Sec. 18-86. Safeguards. (a) All persons contracting*ith the city under chapter 18, articles IV and V, shall be required to certify their compliance with the antitrust laws of the United States and of the state and to hold harmless, defend and indemnify the city for any noncompliance by said persons with the above laws. (b) All persons contracting with the city under chapter 18, articles IV and V, shall be obligated to pay whichever is the greater of the following: (1) all applicable ad valorem taxes that are law- fully assessed against the property involved or (2) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making pur- pose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (c) Any proposal submitted pursuant to chap- ter 18, articles IV and V, by a potential bidder or contractor that contemplates more than the esti- mated extent of the city's proposed commitment of funds, property, or services shall be ineligible for acceptance by the city commission. (d) Any substantial increase in the city's com- mitment of funds, property or services, or any material alteration of any contract awarded for a unified development project shall entitle the city commission to terminate the contract after a pub- lic hearing. Prior to such public hearing, the com- mission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for .the project, concern- ing the advisability of exercising that right. (Ord. No. 9572, § 1, 2-10-83) Secs. 18-87-18-92. Reserved. ARTICLE VI. SELF-INSURANCE AND INSURANCE TRUST FUND Sec. 18-93. Created; sources. There is hereby created a city self-insur- ance and insurance trust fund, the fund to 96- 528 APPENDIX "B" City of Miami Zoning Ordinance 607. - 607.11 95-- 52 APPENDIX "B" ZONING § 607.1 Offstreet loading requirements shall be as provided in sections 922 and 923, provided that special permit requirements set forth therein shall be waived in cases where new develop- ments involving Class II Special Permits cover the same matters. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91) Sec. 606.11. Limitations on signs. Sign limitations shall be as provided for the C-1 district with the following exceptions and modifications: 1. Signs, flashing, animated, revolving, whirling, banners, pennants or streamers shall be permitted. Offsite signs shall be permitted, subject to the following conditions: Maximum one (1) per street frontage, maximum four hundred (400) square feet of surface area per sign and all such offsite signs shall be designed to exhibit continuously changing displays of figures, words or graphics through the use of lights, projected images or luminous character generators. Temporary civic and political campaign signs limited to four hundred (400) square feet of surface area are allowed. Offsite signs above a height of fifty (50) feet above grade shall be subject to the provisions of section 926.16, as appropriate and where those provisions are more limiting. 3. Projecting signs (other than marquee signs) shall be limited to one hundred twenty (120) square feet for each sign surface. 4. Ground or freestanding signs shall be limited to directional signs and temporary civic and political campaign signs. 5. Kiosk advertising shall be limited to the announcement of events, exhibits, enter- tainment, and cultural events. (Ord. No. 10863, § 1, 3-28-91) Sec. 607. SD-7 Central Brickell Rapid Transit Commercial -Residential District. Sec. 607.1. Intent. This district is of special and substantial public interest because of its close proximity to the central business district, the Miami River, and the Metrorail and Metromover transit stations serving the Brickell area and because of its history as a predominantly residential neighborhood. In the interests of reduction of traffic within the city generally and in this district in particular, of conservation of energy, and of the creation of an intensive urban environment with a twenty -four-hour activity pattern, it is intended that high -intensity mixed -use devel- opment of residential, office, and retail and service uses be encouraged that will provide innovative design of residential spaces, including the concept of residential uses on upper levels over ground floor retail and service uses; retail, service, cultural and entertainment uses at ground level oriented towards intensive pedestrian usage; a modified downtown enyiron- Supp. No. 1 215 96- 5 § 607.1 MIAMI, FLORIDA ment with minimal yards, a high percentage of lot coverage, highly usable pedestrian open spaces at ground level, and maximum interrelationship of ground floor uses and exterior public open .space. Concerning uses, it is intended that multifamily residential occupancy and ground level retail, service, cultural and entertainment uses be encouraged individually or as a part of a mixed -use residential and office development through a floor area incentive system. It is further intended to create a central focus of neighborhood activity along Brickell Promenade and adjoining frontages along Miami Avenue by requiring retail, service, cultural and enter- tainment uses at ground level along street frontages within the district, especially along Miami Avenue and SE loth Street (the Brickell Promenade). Although it is intended that the character of development be intensive, it is also intended that buildings be designed to provide pedestrians with lively, interesting, well landscaped spaces at ground level. To this end, yard areas adjacent to all streets are required to be developed as an integral part of the neighborhood pedestrian walkway system; and maximum setbacks are established for the ground floor of buildings, in order to form a continuous, uniform edge of building -facades along the sidewalk edge. Certain streets which form linkages to transit stations and other activity centers can be expected to carry major volumes of pedes- trian traffic; thus it is intended that development adjacent to such primary pedestrian path- ways should be designed to accommodate ground floor retail shops and other uses that promote an active pedestrian sidewalk environment. In consideration of the concentration of residential, office, and ground level commercial uses in the district, and the availability of rapid transit, and to protect against the dominance of the automobile in the district, it is intended that offstreet parking requirements be minimal and designed to minimize the visual impact. It is further intended that rooftops as seen from upper level areas shall present an attrac- tive appearance. Unless specifically exempted, waterfront property in this district is included in section 3(mm), Waterfront Charter Amendment of the City of Miami's Charter. (Ord. No. 10863, § 1, 3-28-91; Ord. No. 10977, § 1, 4-30-92) Sec. 607.2. Effect of SD-7 district designation. The effect of these SD-7 regulations shall be to supplant districts or portions of districts included within the SD boundaries to the extent indicated herein in the official zoning atlas. (Ord. No. 10863, § 1, 3-28-91) Sec. 607.3. Class II Special Permit. 607.3.1. When required. A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; or for the location, relocation or Supp. No. 1 216 96- 5 ZONING § 607.3 substantial exterior alteration of any structure, sign (except real estate signs), awning, land- scaping, parking area or vehicular way visible from a public street or waterfront walkway. 60Z3.2. Considerations in making Class H Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 1305, and with the special considerations listed below. In making determinations concerning construction of new principal buildings or the location, relocation or substantial exterior alteration of existing principal buildings, the planning director shall obtain the advice and recommendations of the Urban Development Review Board. 1. Except for portions authorized by special permit for vehicular access, all required yards, setbacks, and sidewalk area within the public right-of-way adjacent to streets shall be a continuous pedestrian space suitably landscaped and developed with ap- propriate street furniture according to the following design standards: a. Street trees shall be provided in the sidewalk area at a maximum spacing of thirty (30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-inch caliper, and seven (7) feet of clear trunk. b. Paving materials and patterns shall be aesthetically harmonious and consistent with adjacent or nearby properties and shall meet established sidewalk grades. c. Street furniture shall be provided which may include benclies, trash receptacles, pedestrian walkway lighting, bus shelters, sculpture, kiosks, and the like. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous. d. Trees, palms, ground cover, grass and other living landscape plants shall be provided in required or provided yard areas in accord with an approved overall landscape plan for the development. e. Notwithstanding a through d above, all improvements along S.E./S.W. 10th Street " shall conform to "The City of Miami Brickell Promenade Design Development Plan and Urban Design Guidelines." 2. Public access to waterfront walkways shall be provided in accord with "The City of Miami Baywalk/Riverwalk Design Guides and Standards" and shall be open to the public during normal business hours. 3. Rooftop parking and other areas containing mechanical equipment and utility areas visible from nearby buildings shall be appropriately screened with landscape or ar- chitectural materials. 4. In general, principal pedestrian entrances to buildings shall be along street frontages with major vehicular traffic volumes, and vehicular entrances shall be along streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize marginal vehicular friction along major streets. 5. Offstreet parking and loading shall generally be within enclosed structures which shall either be underground or, if aboveground, shall be designed to provide a rnin- Supp. No. 1 217 95- 528 § 607.3 MIAMI, FLORIDA imal visual impact, well integrated with the principal structures. Unenclosed vehic- ular parking and loading in any location visible from a public street or waterfront walkway shall be appropriately screened from exterior views. 6. Arcades shall be continuous with a minimum length of one hundred (100) feet adja- cent to the required yard and fronting on public sidewalk and street. The floor of the arcade shall be at the same level as the public sidewalk. Arcades shall have a min- imum width of eight (8) feet and a maximum width of fifteen (15) feet unobstructed by building columns, utilities and the like. Arcades shall be accessible to the public at all times. 7. A through block pedestrian connection shall be provided between any waterfront walkway and parallel public street. Such connection shall be in the form of an unob- structed pedestrian walkway, at least twenty (20) feet in width, which shall be level with the public sidewalk and waterfront walkway at each end. Such connection shall provide substantial public amenities for public enjoyment such as landscaping, seating, fountains, art work,- lighting, display spaces, vendors, and abutting retail, service or cultural uses. 8. All structures and improvements on lots abutting any street or waterfront designated as a "primary pedestrian pathway" in the official zoning atlas shall be designed in accord with the standards in "The City of Miami Primary Pedestrian Pathway Design Guides and Standards." 9. Lots with interior side yards abutting a Metromover right-of-way shall be developed with improvements suitable to promote safe and convenient pedestrian access to Metromover stations. 10. All development on lots adjacent to Brickell Promenade (S. 10th Street) shall conform to "The City of Miami Brickell Promenade Design Development Plan and Urban . .Design Guidelines." (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10977, § 1, 4-30.92) Sec. 607.4. Principal uses and structures. 607.4.1. Principal uses permitted at any location, limitations as to location of uses along ground floor frontage of pedestrian streets. The following uses shall be permitted at any location within the district: 1. Neighborhood convenience goods and services, including food stores (grocery, meat, seafood, produce, delicatessen, bakery, candy, ice cream), drugstores, newsstands, dry cleaners, barber and beauty shops, and shoe repair stores. 2. Retail establishments as follows: Antique stores, art stores and commercial art gal- leries; bicycle sales; book and stationery stores open to the general public; china and crockery stores; florist, including plant and shrub sales; gift shops; hardware stores; hobby shops; home appliance stores; home furnishing stores; interior decoration supply Supp. No. 1 218 9 6 ZONING § 607.4 stores; establishments for sale of boating and fishing supplies; jewelry stores; luggage stores; music stores; office supply stores; optical goods stores; package liquor stores (without drive -through facilities); pet shops; photographic supply stores; tobacco shops; television, radio, and other electronics stores; videotape sales and rentals open to the general public; variety and sundry stores; establishments for sale of wearing apparel. Such establishments may provide incidental repair, maintenance, adjustment or al- teration services as appropriate, but facilities, operation and storage in relation to such services shall not be visible from any street or street -related pedestrian open space. Aside from antique stores, art galleries, jewelry and bookstores, no such retail establishments shall deal in secondhand merchandise. The total floor area for these retail uses on an individual lot (excluding public circulation space and similar com- mon areas) shall not exceed one and five -tenths (1.5) times the gross lot area except that through a Class II Special Permit a project may be allowed to increase the retail use up to thirty (30) percent of the total achievable F.A.R. 3. Service establishments as follows: Interior decorator; duplicating centers including letter and photostating services; locksmiths; opticians; photographic service; tailor- ing, dressmaking, 'millinery or drapery fabrication, except where products are for off -premises sale; rental of recreation and sporting equipment. 4. Production of art and handicrafts (but not mass-produced items) incidental to sale at retail on the premises. 5. Restaurants, tearooms and cafes, except drive-in, including those with dancing and live entertainment and with outdoor dining areas open to the general public. 6. Bars, saloons and taverns, supper clubs and nightclubs, including those with dancing and live entertainment open to the general public. 7. Art galleries, museums, libraries and similar cultural uses. 8. Private clubs, lodges, fraternities, sororities. 9. lost secondary public or private educational facilities. 10. Cellular communications site provided that where a transmission tower is used the transmission tower shall be by Special Exception only. The transmission tower and anchoring devices, if directly -abutting a residential district, must: (1) be located in the interior side or rear yard of the property; (2) meet minimum setback requirements; (3) be securely anchored, installed and maintained in accordance with all applicable codes; (4) not exceed a maximum height of one hundred and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer. 60Z4.1.1. Special rules concerning extent and location of certain uses on ground floor frontage of pedestrian streets. The following streets are hereby designated as pedes- trian streets: S.E./S.W. 10th Street (Brickell Promenade) between S.W..1st Avenue and S.E. 1stAvenue'and Miami Avenue between S. 9th Street and S. 11th Street. The following special rules shall apply concerning the extent and location of permitted uses along the ground floor frontage of pedestrian streets: 1. At least sixty-five (65) percent of the linear frontage of a lot abutting a pedestrian street shall be occupied by principal uses permitted in section 607.4.1 and'shall Supp. No. 3 219 95- 52,' § 607.4 MIAMI, FLORIDA be constructed in accord with "The City of Miami Primary Pedestrian Pathway Design Guides and Standards." Each use shall have convenient direct access from the adjacent public walkway. The remaining frontage may be occupied by uses permitted in section 607.4.2. 2. Vehicular entrances may be placed in the remaining thirty-five (35) percent of ground level frontage to uses behind or above the required ground level frontage only if vehicular entrances from other streets are not feasible. 607.4.2. Principal uses permitted with limitations concerning location along the ground floor frontage of pedestrian streets. The following uses shall be permitted in locations other than the ground floor frontage of pedestrian streets and urban plazas, except as provided at section 607.4.1.1: 1. Dwellings, one- and two-family; detached, semidetached and attached; multiple dwell- ings. 2. Residence hotels; hotels; and motels. 3. Banks, savings and loan and financial institutions; business, professional and medical offices, clinics. 4. Service establishments, including automobile rental agency; banking and financial institutions with drive -through tellers permitted only by special exception permit; employment agency; duplicating; real estate agency; ticket agency; travel agency. 5. Entertainment and recreation use including dance and music halls, live performanc- es; movie theaters; auditoriums; concert halls; game courts; health and fitness stu- dios. 6. Child daycare centers, subject to the requirements of section 936. 7. Structures and/or uses required for the performance of a governmental function, except uses involving extensive storage or with storage as the primary purpose. 8. Structures and uses relating to operation of public utilities and requiring location within the district to serve it or neighborhood districts; railway or other transit rights -of -way and tracks, but not yards, switching, storage, warehouses or shops. No such use shall have extensive storage or have storage as its primary purpose. 607.4.3. Principal uses permitted only by Special Exception. The following uses shall be permitted only by Special Exception in locations other than the ground floor frontage of pedestrian streets: 1. Automotive service stations. 2. Drive -through facilities for financial institutions, with city commission approval. 3. Parking lots, parking garages, provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways. Supp. No. 3 220 y6A- 52 ZONING § 607.5 4. Marinas, except that each occupancy of private pleasure craft as a dwelling unit is permitted provided that each such occupancy shall be construed as single-family occupancy of the lot, requiring minimum gross area of three hundred fifty (350) square feet. 5. Drive -through restaurants provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways. 6. Express delivery services provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways and that there is a minimum gross lot area of thirty thousand (30,000) square feet. i 7. Printing. 607.4.4. Limitations on uses. 1. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers and plants, and other uses as authorized by special permit, all activities shall be conduct- ed within completely enclosed buildings. 2. All products and services shall be sold at retail on the premises. No wholesaling or jobbing shall be conducted from within the district. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10977, § 1, 4-30-92; Ord. No. 11106, § 3, 11-23-93; Ord. No. 11135, § 1, 3-24-94) Sec. 607.5. Accessory uses and structures. Usesand structures which are customarily accessory and clearly incidental to permitted principal uses and structures, approved in the same special permit proceedings, and initiated or completed within any time limits established generally or in relation to the special permit, shall be permitted subject to limitations established by these or generally applicable regula- tions. Other accessory uses and structures shall require a Class II Special Permit. The fol- lowing special limitations or exceptions shall apply to accessory uses and structures in this district: 1. No aboveground offstreet parking or loading area shall be permitted between any front portion of a building and the front line of a lot adjoining any street; provided, however, that offstreet parking for bicycles may be permitted in such areas, subject to limitations and requirements as to location, design and number established in con- nection with special permits. 2. There shall be no vehicular access to parking or loading areas directly from any . primary pedestrian pathway where access is reasonably feasible from another street. (Ord. No. 10863, § 1, 3-28-91) Supp. No. 3 221 95 § 607.6 MIAMI, FLORIDA Sec. 607.6. Minimum lot requirements. No specific dimensional requirements are established in this district, but lots shall be of sufficient width and area to conform with other requirements and limitations of these and other lawful regulations. (Ord. No. 10863, § 1, 3-28-91) Sec. 607.7. Floor area limitations. Floor area limitations for SD-7 shall be as follows, subject to the limitations and require- ments of sections 903.1 and 903.2: 607.7.1. Floor area limitations for residential, nonresidential, and combination use buildings. The maximum floor area ratio for all uses on an individual lot shall not exceed eight (8.0) times the gross lot area. Except as modified in section 607.7.2 below: 1. The maximum floor area ratio for all residential uses on an individual lot shall not exceed six (6.0) times the gross lot area. 2. The maximum floor area ratio for all nonresidential uses on an individual lot shall not exceed two and twenty-five hundredths (2.25) times the gross lot area. 607.7.2. Allowable increase in nonresidential floor area for any building providing for certain supporting uses; limitations. The maximum allowable floor area for nonresidential uses on an individual lot shall be increased in conformance with the following provisions and limitations: 1. Residential and hotel uses: The floor area shall be increased according to either of the following alternatives; however, in no case shall the increase in nonresidential floor area exceed two and seventy-five hundredths (2.75) times the gross lot area: a. For every one (1) square foot of floor area provided onsite for residential or hotel uses (excluding associated commercial areas and common areas in excess of ten (10) percent of the total floor area occupied by hotel rooms), the maximum non- residential floor area shall be increased by one (1) square foot. Such residential or hotel floor area shall be constructed concurrently with any uses receiving this bonus. b. For every six dollars and sixty-seven cents ($6.67) contributed to an Affordable Housing Trust Fund established and administered by the City of Miami, an increase of one (1) square foot of nonresidential floor area shall be permitted. All funds so contributed shall be expended solely within the SD-7 district. 2. Retail, service, restaurant and cultural uses: For every one (1) square foot of ground level uses listed in section 607.4.1 and constructed in accord with "The City of Miami Primary Pedestrian Pathway Design Guides and Standards," the floor area shall be increased by one (1) square foot for any nonresidential use or two (2) square feet for Supp. No. 3 222 96- 5f ZONING § 607.7 residential use. Such uses shall be adjacent to and directly accessible from public street sidewalks or from a ground level open space as defined in section 607.8.3. Uses having principal access from interior building circulation shall not qualify. 3. Theaters: For every one (1) square foot of floor area that a building provides of theater use that meets the requirements of section 607.8.4, the nonresidential floor area shall Supp. No. 3 222.1 99- 52( ZONING § 607.8 be increased by four (4) square feet, but not to exceed a total floor area increase of five -tenths (0.5) times the gross lot area. 4. Child daycare center: For every one (1) square foot of floor area of child care center indoor area and two (2) square feet of child care outdoor play area that meets the requirements of section 936, the nonresidential floor area shall be increased by four (4) square feet, but not to exceed a total floor area increase of five -tenths (0.5) times the gross lot area. (Ord: No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91) Sec. 607.8. Minimum yards, setbacks, open space annresidential recreation space. ,607.8.1. Minimum yards. The following minimum yard dimensions and limitations shall apply. Notwithstanding the provisions of section 908.3, canopies and awnings may project without limitation into the required yard area adjacent to streets, provided that such projection is entirely supported from the building. Required yards and setbacks adjacent to streets shall not be used for offstreet parking or loading. 1. Yards adjacent to pedestrian streets (Brickell Promenade) shall be twelve (12) feet along the north side of the street and fifteen (15) feet along the south side of the street. The yard area may be occupied by awnings, trellises, and other appurtenances as specified in "The City of Miami Brickell Promenade Design Development Plan and Urban Design Guidelines." 2. All yards adjacent to streets other than pedestrian streets shall have a minimum depth of ten (10) percent of the lot depth as measured perpendicular to the respective street, but not more than fifteen (15) feet or less than ten (10) feet. When the adjacent street right-of-way is sixty (60) feet or more in width, the minimum yard depth need not exceed ten (10) feet. 3. Except as greater dimensions are required by other lawful regulations, there shall be no minimum requirements for interior side and rear yards. 607.8.2. Setbacks; exceptions; limitations. 607.8.2.1. Maximum ground floor setbacks. Except where ground level open space is ap- proved by Class II Special Permit pursuant to section 607.8.3, following are the maximum setbacks for the ground floor of all buildings as measured perpendicular to the base building line: 1. Adjacent to pedestrian streets, for the first eighteen (18) feet in elevation above the public sidewalk, no building facade shall be set back more than a maximum depth of twelve (12) feet along the north side of the street or more than a max- imum depth of fifteen (15) feet along the south side of the street. 2. Adjacent to streets other than pedestrian streets, for the first eighteen (18) feet in elevation above the public sidewalk, no building facade shall be set back more than a maximum depth of twenty (20) feet. Supp. No. 2 223 § 607.8 MIAMI, FLORIDA 3. Adjacent to interior lot lines, there shall be no minimum or maximum setback requirements. 607.8.2.2. Upper level setbacks. Adjacent to all streets, between an elevation of eighteen (18) feet and forty-eight (48) feet above the public sidewalk elevation, the location of the face of building shall only be restricted by the minimum yard requirements in section 601.8.1. Above an elevation of forty-eight (48) feet, all buildings shall be set back an additional ten (10) feet. 607.8.3. Open space and residential recreation space. In addition to required yards, a minimum of one (1) square foot of open space shall be provided for every fifty (50) square feet of nonresidential floor area over fifty thousand (50,000) square feet. A minimum of one (1) square foot of open space or private recreation space shall be provided for every ten (10) square feet of residential floor area. Such open space and/or residential recreation space shall be approved by Class II Special Permit and shall conform to "The City of Miami Design Guides and Standards for Open Space and Residential Recreation Space" and to the following special standards: 1. Generally, open space and urban gardens shall not exceed twenty-five (25) percent of the lineal frontage of the development site on any public street. 2. At least fifty (50) percent of the lineal footage of perimeter walls enclosing an atrium space shall contain ground level uses permitted in section 607.4.1. 607.8.4. Special requirements for theaters; limitations. Buildings that provide theaters which are improved and maintained in accordance with the following requirements shall have the maximum floor area increased in accordance with the provisions of section 607.7.2: 1. Performing arts theaters shall provide adequate ancillary space and support facilities including dressing rooms, storage areas, wing space on stage, service access, foyer or lobby space, office space, stage lighting and acoustical controls as necessary. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10977, § 1, 4-30-92) Sec. 607.9. Height limitations. There shall be no height limits in this district except as required by other lawful regula- tions. (Ord. No. 10863, § 1, 3-28-91) Sec. 607.10. Offstreet parking and loading. Since it is intended that automobile traffic be minimized in this district because of its close proximity to the rapid transit stations, special offstreet parking requirements and limitations are as follows; and, in addition, offstreet parking and loading, and offsite parking shall be as required in sections 917, 918, 922 and 923, except as modified below: Supp. No. 2 224 JJ— ZONING § 607.11 607.10.1. Minimum and maximum offstreet parking limitations. 1. For dwelling units, there shall be a maximum of two (2) parking spaces per dwelling unit. 2. For hotel or motel uses, there shall be a maximum of two (2) parking spaces for every three (3) lodging units. 3. For business and professional office uses, including medical clinics, there shall be a maximum of one (1) parking space per five hundred (500) square feet of gross floor area. 4. For retail and service uses, there shall be a maximum of one (1) parking space per three hundred (300) square feet of gross floor area. 5. For restaurants, bars, nightclubs and the like, there shall be no minimum number of parking spaces required, and there shall be a maximum of one (1) parking space per one hundred (100) square feet of gross floor area. 6, For theater uses, there shall be no minimum number of parking spaces required, and there shall be a maximum of one (1) parking space per four (4) seats. 7. For all other uses, there shall be a maximum of one (1) space per five hundred (500) square feet of gross floor area. 607.10.2. Special offstreet parking requirements; offsite parking; limitations. 1, Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II Special Permit without limitation on percentage of the required number of spaces or maximum distance from the principal use. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on the site, provided that the location of the offsite parking is within one thousand (1,000) feet radius of the principal use, or within six hundred (600) feet radius of a Metromover station or there are permanent provisions made to transport the offsite parking patrons to and from the principal site at the property owner's expense. 2. No residential dwelling unit shall be sold or leased without the right to utilize at least one (1) onsite parking space. 3. No more than ten (10) percent of the total number of onsite parking spaces provided shall be reserved for use by a particular individual or group. (Ord. No. 10863, § 1, 3-28-91; Ord. No. 11106, § 3, 11-23-93) Sec. 607.11. Limitations on signs. Sign limitations shall be as provided in section 602.11, recognizing the size limitations thereof, provided further that onsite signs above a height of fifty (50) feet above grade shall be subject to the provisions of section 926.16, (Ord. No. 10863, § 1, 3-28-91) Supp. No. 2 225 4M ...., slow 1�ovo�oo��ul �� mil! '� ►o► SR11 OIII�IlOB AIL,. � o�� �oom� v ,,aooa�ao� a . ,� ��oo qa �� �ma ®vim � mmm®mm� �� :. � �, �► � ��om mmIS gill ��m s� �omm'm mm :�! �`'► ANM All I loot; I � a 0 AU MA e Imp � �►./®� � JL GR A PMIC SCALE IN FEET 95- 528 APPENDIX "C" Article VI Sidewalk Cafes of the Code of the City of Miami APPENDIX "C" § 54-108 STREETS AND SIDEWALKS § 54.1: ARTICLE VI. SIDEWALK CAFES" Sidewalk means that portion of the street b, tween the curb lines or the lateral lines of Sec. 54.108. Permit required. roadway and the adjacent property lines intende for use by pedestrians. Operating a sidewalk cafe on city sidewalks shall be unlawful without a permit. No person shall conduct business as herein defined without first obtaining a permit from the director of the department of public works and paying the fee therefor to the director of finance or his designee. It shall be unlawful for any person to operate a sidewalk cafe on any sidewalk within the city ex- cept as provided by this article. (Ord. No. 9848. § 1, 6.14-84) See. 54.109. Definitions. (As used in this articled. Cafe zones means any public sidewalk area within the city that complies with the require- ments of article VI of this chapter. Director means the director of the department of public works. Food establishment - take-out only means an es- tablishment serving prepared food, not for con- sumption on the premises, from which tables, chairs and stools are excluded. Such establish- ments shall not encompass waiting areas total- ling over -one hundred (100) square feet in size. Permit means a grant of authority by the city to operate a sidewalk cafe, subject to compliance, as a condition precedent to the initial issuance of such permit and any renewals thereof with all requirements, conditions or criteria set forth in this article for the issuance and maintenance of a sidewalk cafe permit. A permit shall be valid for a maximum of one (1) year in duration and shall be renewable on an annual basis upon full com- pliance with all application requirements. Permittee means the recipient of a sidewalk cafe permit under the terms and provisions of this ar- ticle. 'Editor's note —Section 2 of Ord. No. 9848 provides "This article shall be brought before the commission for review one year from the effective date," City code cross reference —Food and food establishments, ch. 20. Sidewalk cafe means the placing, locating, c permitting of the placing or locating of chairs an tables within the sidewalk area adjacent to a bus ness licensed to operate as a restaurant or take-ot food 'establishment. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 102i7, § 1-8-87; Ord. No. 10693, § 1, 1-11-90; Ord. N( 10854, § 1, 3-14-91; Ord. No. 11053, § 2, 3-25.9c� Sec. 54.110. Reserved. Editor's note —Section 1 of Ord. No. 10854, adopted MA 14, 1991, deleted former § 54.110, which pertained to boun. aries of cafe zones and derived from Ord. No. 9848,11, adopte June 14, 1984. Sec. 54-111. Permit fee. The annual permit fee for establishing or mau taining a sidewalk cafe shall be twenty dollar ($20,00) per square foot of usable sidewalk are. - as determined by the department of public work. - The permit fee shall be waived by the departmer of public works, upon the applicant's request, fc any proposed sidewalk cafe, if the waiver reque is made before the sidewalk cafe permit is issue[ and the proposed sidewalk cafe site is located in community development target area, as define by the city community development departmen Such waiver request shall require presentation a form letter from the community developmei department evidencing that the application site within a target area. The waiver period shall site specific, transferable to a new operator at ti same location, and shall run for one (1),conseci tive twelve-month period following the initi; permit approval for the location. Any transfer sha only be valid for the balance of the twelve (1 months remaining. The permit fee shall be di and payable for all subsequent years of operatic at such location. The mitigation fee described section 35-194 of this Code, is in addition to th permit fee. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1-8-87; Ord. No. 10658, § 3, 10-12.89; .Ord. N 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-9 Ord. No. 11053, § 2, 3.25.93) Supp. No. 44 3653 96-- 528 § 54.112 MIAMI CODE § 54.114 Sec. 54.112. Permit application. (a) Application for a permit to operate a side- walk cafe shall be made at the department of public works in a form deemed appropriate by the director. Such application shall include, but not be limited, to the following information: (1) Name and address of the applicant; (2) A copy of a valid business license to operate a.,iestaurant or a take-out food establish- ment adjacent to the sidewalk area which is the subject of the application; (3) A copy of current liability insurance; (4) A drawing (minimum scale of one-fourth (V4) inch equals one (1) foot) showing the lay -out and dimensions of the existing side- walk area and adjacent private property, proposed location, size and number of ta- bles, chairs, umbrellas, location of door- ways, location of trees, parking meters, bus shelters, sidewalk benches, trash recepta- cles, and any other sidewalk obstruction ei- ther existing or proposed within the pedes- trian area; and (5) Photographs, drawings, or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, or other objects related to the sidewalk care. (b) Applications shall be abcompanied by a non- refundable applicaflon fee of one hundred fifty dol- lars ($150.00). (c) Applications shall be reviewed by the fol- lowing departments: Public works; planning fire, rescue, and inspection services; and finance (li- cense division and risk management division). (d) Within thirty (30) days of receipt of a com- pleted application, the director shall issue a letter of intent to approve or deny the permit. (e) The applicant shall provide proof of neces- sary insurance prior to receiving the permit. (Ord. No. 9848, § 1, 6-14.84; Ord. No. 10854, § 1, 3-14-91) Sec. 54-113. Permit requirements. (a) No person shall establish a sidewalk cafe on any public street or sidewalk unless such person Supp. No. 44 3654 has obtained a valid permit to operate that side- walk cafe in such a manner pursuant to this ar- ticle. (b) Permits shall be issued only to validly li. censed restaurants or food establishments - take-out only - that wish to provide tables and chairs on the sidewalk(s) adjacent to their busi. nesses for use by the general public. (c) In the SD-2 and SD-17 zoning districts lo. cated in Coconut Grove, as described in the zoning atlas of Zoning Ordinance 11000, as amended, per. mits shall be issued to sidewalk cafes in conjunc- tion with "food establishments - take-out only" and validly licensed restaurants provided the es- tablishment provides required off-street parking at a rate of one (1) parking space per one hundred (100) square feet for the sidewalk cafe area or pays a mitigation fee in lieu thereof, as described in section 35-194 herein, in addition to other re- quired off-street parking and the sidewalk cafe permit fee. For purposes of this article, references to specific zoning districts are solely for purposes of delineating affected geographic areas subject to this section and shall not convey any rights under Zoning Ordinance No. 11000, as amended or su- perseded. (Ord. No. 9848, § 1, 6.14.84; Ord. No. 11053, § 2, 3.25.93) Sec. 54.114. Standards and criteria for appli- cation review. The following standards and criteria shall be used in reviewing the drawing required in section 54-112(a)(4): (1) Sidewalk cafes are restricted to. the side- walk frontage of the licensed restaurant or food service establishment to which the,., permit is issued; or within the contiguous sidewalk frontage of the building where the licensed restaurant or food service estab- lishment is located, provided that written approval is supplied by the building owner and any affected lessee. (2) Permits will not be issued where the tables and chairs would be placed within five (5) feet of bus stops, taxi stands, or counter service windows. 96- 528 § 54.114 STREETS AND SIDEWALKS § 54.114 (3) No tables and chairs will be permitted within five (5) feet of a pedestrian cross- walk. (4) The area to be considered shall have side- walks which are ten (10) feet in width or greater. (5) Sidewalk cafes shall be located in such a manner that a minimum six -foot -wide clear pedestrian path is maintained at all times. In areas of congested pedestrian activity, the director is authorized to require a wider pedestrian path, as circumstances dictate. (6) No objects shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discour- aging the free use of the tables and chairs by the general public. (7) Tables, chairs, umbrellas and any other ob- jects provided with the sidewalk cafe shall be of quality design, materials, and work- manship; both to ensure the safety and con- venience of users, and to en4ance the vi- sual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with an urban environment. (8) Awnings, umbrellas and other decorative material sliall be fire -retardant pressure - "treated, or manufactured of fire -resistive material. (9) No portion of a table, chair, umbrella or awning shall extend into the six-foot pedes- trian path. (Ord. No. 9848, § 1, 6-14-84; Ord. No. 10217, § 1, 1-8-87; Ord. No. 10693, § 1, 1-11-90; Ord. No. 10854, § 1, 3-14-91) Supp, No. 44 3654.1 95- 528 § 54.115 STREETS AND SIDEWALKS Sec. 54-115. Liability and insurance. walk, or utility repairs necessitate (a) Prior to the issuance of a permit, the appli- action. cant shall furnish the director with a signed state- (5) The department of public works or t) ment that the permittee shall hold -harmless the lice department may immediately re city, its officers and employees and shall indem- or relocate all or parts of the sidewakl nify the city, its officers and employees for any in emergency situations. claims for damages to property or injury to per- sons which may be occasioned by any activity car- (6) The city and its officers and employees ried on under the terms of the permit. not be responsible for sidewalk cafe (b) Permittee shall furnish and maintain such ponents relocated during emergencies public liability, food products liability, and prop- (7) The permit shall be specifically limit erty damage from all claims and damage to prop- the area shown on the "exhibit" att erty or bodily injury, including death, which may to and made part of the permit. arise from operations under the permit or in con- (8) The permittee shall use positive acti nection therewith. Such insurance shall provide assure that its use of the sidewalk coverage of not less than one million dollars way interferes with or embarrasses ($1,000,000.00) for bodily injury, and property walk users or limits their free unobsti damage respectively per occurrence. Such insur- ance shall be without prejudice to coverage oth- passage. erwise existing therein and shall name as addi- (9) The sidewalk cafe shall be opened fc tional insured the city, its officers and employees, by the general public and such use and shall further provide that the policy `shall not not be restricted to patrons of the pern terminate or be cancelled prior to the completion (10) Permittees holding an occupational li of the permit period without forth -five, (45) days' or certificate of use limited to take-ou written notice to the risk management division of shall not be permitted to provide tabl the department of finance, and the director of vice in the sidewalk cafe. However public works of the city at the address shown in shall not relieve the permittee of t� the permit. (Ord. No. 9848 § 1, 6-14.84) ' sponsibility to maintain the sideway. Sec. 54-116. Forni and conditions of permit. as required in this section. The permit shall be issued on a form deemed (11) Tables, chairs, umbrellas, and any objects provided with a sidewalk cafe suitable by the director. In addition to naming be maintained with a clean and attr the permittee and any other information deemed appearance and shall be in good reF appropriate by the director, the permit shall con- all times. tain the following conditions: (1) Each permit shall be effective for one (1) (12) The sidewalk area covered by the I shall be maintained in a neat and o year subject to annual renewal. appearance at all times and the are, (2) The permit issued shall be personal to the be cleared of all debris on a periodil permittee only and shall not be transfera- during the day, and again at the cl ble in any manner. each business day. (3) The permit may be suspended by the direc- (13) No advertising signs or business id for when necessary to clear sidewalk areas cation signs shall be permitted in th for a "community or special event" author- lic right-of-way; this shall not prohil ized by a permit issued by the police de- use of umbrellas carrying company log, partment. (14) No tables and chairs nor any other p (4) The director may require the temporary sidewalk cafes shall be attached, ch removal of sidewalk cafes when street, side- Supp. No. 39 3655 95- § 54.116 MIAMI CODE § 54.117 or in any manner affixed to any tree, post, sign, or other fixtures, curb or sidewalk within or near the permitted area. No ad- ditional outdoor seating authorized herein shall be used for calculating seating require- ments pertaining to location of, applications for, or issuance of a liquor license for any establishment; or, be used as the basis for computing required seating for restaurants and dining rooms, or as grounds for claim- ing exemption from such requirements under i` the provisions of any city ordinance or state law. (15) The permit covers only the public sidewalk. Tables and chairs on private property will be governed by other applicable regulations. (3) Changing conditions of pedestrian or vehic- ular traffic cause congestion necessitating removal of sidewalk cafe. Such decision shall be based upon findings of director that the minimum six-foot pedestrian path is in- sufficient under existing circumstances and represents a danger to the health, safety, or general welfare of pedestrians or vehic- ular traffic. (4) The permittee has failed to correct viola- tions of this article or conditions of his permit within three (3) days of receipt of the director's notice of same delivered in writing to the permittee. (5) The permittee has failed to take positive actions to prohibit violations from reoccur- (16) The permittee shall notify .the director of public works, in writing, when operation of (6) the sidewalk cafe begins. Said notice shall be delivered to the director within' twenty- four (24) hours of such commencement. ' (17) The issuance of a sidewalk cafe permit does (7) not grant ar infer vested rights to use of,the sidewalk area by the permittee. The city retains the right to deny the issuance of a permit or the renewal of a permit.. (18) No entertainment or sound speakers shall be placed within or adjacent to the right-of- way in a -manner which causes persons to accumulate and obstruct the pedestrian path. (Ord. No. 9848, § 1, 6-14.84; Ord. No. 10217, § 1, 1.8-87; Ord. No. 10693,.§ 1, 1- 11-90) Sec. 54.117. Denial, revocation or suspension of permit; removal and storage fees; emergencies. (a) The director may deny, revoke, or suspend a permit for any sidewalk cafe authorized in the city if it is found that: (1) Any necessary business or health permit has been suspended, revoked, or cancelled. (2) The permittee does not have insurance which is correct and effective in the min- imum amount described in section 54-115. Supp. No. 39 3656 ring. The permittee has failed to make modifica- tions within three (3) days of receipt of the director's notice of same delivered in writing to the permittee. Tables, chairs and other vestiges of said sidewalk cafe may be removed by the de- partment of public works, and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to re- move said items within thirty-six (36) hours of receipt of the director's final notice to do so for any reason provided for under this article. If the action is taken ba.s*d on sub- section (02) or (3) of this section, the action shall become effective upon the receipt of 96- 5 § 54.117 STREETS AND SIDEWALKS such notice and the permittee shall have four (4) hours to remove said items. (b) Upon denial or revocation, the director shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. If the action of the director is based on subsection (02) or (3) of this section, the action shall be effective upon giving such notice to permittee. Otherwise, such notice shall become effective within ten (10) days unless appealed to the city commission. (Ord. No. 9848, § 1, 6.14-84; Ord. No, 10693, § 1, 1-11-90) r Sec. 54-118. Appeals. (a) Appeals shall be initiated within ten (10) days of a permit denial or revocation by filing a written notice of appeal with the city manager, and a copy of same delivered the same day to the director. Any revocation effective immediately may also be appealed to the city commission by such filing within ten (10) days. (b) The city manager shall place the appeal on the first non -planning and zoning city commis- sion agenda for which proper notice can,be given and shall notify the director of public works thereof. At the hearing upon appeal, the city com- mission shall hear and determine the appeal, and the decision of the city commission shall be final and effective immediately. (c) The filing of a notice of appeal by a per- mittee shall not stay an order by the director to remove a sidewalk cafe or parts thereof. Vestiges of the sidewalk cafe shall be removed immedi- ately, as set out in section 54-117, pending dispo- sition of the appeal and final decision of the city commission. (d) A permit which has been suspended or re- voked pursuant to section 54;117(1), (2) or (4) may be reinstated by the director of the department of public works at such time as the permittee has demonstrated that the violation has been cor- rected to the satisfaction of the department of public works, (e) A new permit shall not be issued or an ex- isting permit shall not be reinstated for a min- imum period of six (6) months after said issuance or reinstatement has been denied by the director Supp. No. 36 3656.1 § 54.131 of public works, or in the event of an appeal, b; the city commission. (Ord. No. 9848, § 1, 6.14-84 Ord. No. 10693, § 1, 1-11-90) Secs. 54-119-54-130. Reserved. ARTICLE VII. NEWSRACKS IN PUBLIC RIGHTS -OF -WAY* Sec. 54-131, Statement of purpose. The city commission hereby finds and declares (1) The uncontrolled placement of newsrack: in the public rights -of -way threatens the city's aesthetic values and presents an in convenience and danger to the safety ant welfare of persons using such rights -of -way including pedestrians, persons entering ant leaving vehicles and buildings, and person: performing essential utility, traffic contro and emergency services. (2) Newsracks so located as to cause an incon venience or danger to persons using publi, rights -of -way, and unsightly newsracks to cated therein, constitute a public nuisance (3) The general welfare requires that the aes thetics of public rights -of -way, including the appearance of newsracks on public right. - of -way, be improved. (4) The provisions and prohibitions container in this article are for the purpose of secui ing and promoting the public safety an, general welfare of persons in the city i- their use of public rights -of -way. (5) It is a matter of public necessity that th city protect citizens and others on its put_ lic streets, sidewalks, and other public right- of-way from improperly maintained an placed newsracks. (6) The Florida law governing municipal in munity from suit for damages or injuries t •Editor's note —Ord. No. 10044, adopted Sept. 26, 19& directed that its provisions be included in the Code. At th discretion of the editor, this material has been codified as Ar VII hereof. The ordinance carries an effective date of Jan. 1986, with a 30•day grace period for compliance. Chapter 23.1 of the Code of the City of Miami 96- 528 1 1 \ APPENDIX "D" Chapter 23.1 MSTORIC PRESERVATION* Sec. 23.1-1. Intent and purpose. Sec. 23.1-4. Designation of historic sites, historic distrii Sea 23.1.2. Definitions. and archeological iones. Sec. 23.1-3. Historic and environmental preservation board; Sec. 23.1-5. Certificates of appropriateness. preservation officer, Sec. 23.1.6, Administration, enforcement, violations, c penalties. 'City code cross reference —Historic aid environmental preservation board, § 62-70 et seq. Supp. No. 39 1643 95- 528 § 23.1.1 Sec. 23.1.1. Intent and purpose. HISTORIC PRESERVATION (a) The intent of this chapter is to preserve and protect the heritage of the city through the iden- tification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's his- toric, architectural, and archeological resources. This chapter is further intended to: (.1) Effect and accomplish the protection, en- hancement, perpetuation, and use of struc- tures, landscape features, archeological re- sources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historic, cultural, archeolog- ical, aesthetic, and architectural heritage; (2) ' Foster civic pride in the accomplishments of the past; (3) Protect and enhance the aesthetic and en-. vironmental character, diversity, and in- terest of neighborhoods; (4) Stabilize and improve property values in neighborhoods and in the city,as a whole; (5) Protect and enhance the.city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy; (6) Promote the use of historic sites, historic districts, and archeological zones for the ed- ucation, pleasure, and welfare of the people of the city. (b) The purpose of this chapter is to: (1) Provide the framework and legal mecha- nism for identifying and designating those properties that have, major significance in the city's, historic, cultural, archeological, aesthetic, and architectural heritage; (2) Assure that alterations and new construc- tion within designated historic sites, his- toric districts, and archeological zones are compatible with the property's historic char- acter. (Ord. No. 10875, § 1,,4.25-91) Sec. 23.1.2. Definitions. The following definitions shall apply only to this chapter: Supp. No. 39 1645 § 23.1.2 Alteration. Any change affecting the exterior ap- pearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance in- volving change in color, form, texture, signs, or materials, or any such changes in appearance of designated interiors. Applicant. The owner of record of a property and/or structures located thereon, or his legal represen- tative. Application, complete. An application for approval sought pursuant to this chapter shall be deemed complete if it is on a form approved by the city, and all applicable information is provided by the applicant on the form, or attachment(s) as neces- sary, at the time of its filing and it has been re- viewed and signed by the appropriate official and if.all required fees are paid. In the event a com- plete application has not been heard by the ap- propriate board within ninety (90) days of filing, it shall be deemed withdrawn and a new applica- tion must be filed. Archeological conservation area. A geographically defined area delineated in the Miami Comprehen- sive Neighborhood Plan on the Future Land Use Plan Map Series entitled "Historic District Bound- aries and Historically Significant Properties Mer= iting Protection." Archeological site. A single specific location which has yielded or is likely to yield information on local history or prehistory. Archeological sites may be found within archeological,zones, historic sites, or historic districts. Archeological zone. A geographically defined area which may reasonably be expected to yield infor- mation.on local history. or prehistory based,.upon broad prehistoric or historic settlement patterns. Certi f cate of appropriateness. A written document, issued pursuant to this chapter, permitting spec- ified alterations, demolitions, or other work. Contributing structurellandscape feature. A struc- ture or landscape feature which by location, de- sign, setting, materials, workmanship, feeling, and association adds to the sense of time and place and historical development of a historic site or historic district. 96- 528 § 23.1.2 MIAMI CODE Demolition. The complete destruction of a struc- ture, or any part thereof. Designated property, designated historic site, des- ignated historic district, designated archeological zone. A historic site, historic district, or archeo- logical zone designated pursuant to either this chapter or article 16 of Ordinance No. 9500, the previous,zoning ordinance of the city, as amended, and showxi in the historic and environmental pres- ervation' atlas. Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that'may alter or reveal an interred archeological site. Historic and environmental preservation atlas. The Official Historic and Environmental Preservation Atlas of the City of Miami, Florida, which shows all designated historic sites, historic districts, and archeological zones. Historic district. A geographically defined area pos- sessing a significant concentration, linkage, or con- tinuity of sites or structures united historically or aesthetically by plan or physical development. Historic site. A geographically defined area con- taining a structure or site, or a ,historically re- lated complex of structures or sites,. which has a special character or a special historic or aesthetic interest or value as part, of the heritage. of the city. Landscape feature. Vegetation, geological features, ground elevation, bodies of water or other natural or environmental features. Ordinary maintenance dr repair. Any work, the purpose and effect of which is to correct any dete- rioration or decay of a structure or'laiidsedpe fea- ture, or any part thereof, by restoring it, as nearly as may be practicable, to its condition prior to such deterioration or decay, using the same ma- terials or those materials available which are close as possible to the original. Rehabilitation. The act or process'of returning a property to a state of utility through repair or alteration which snakes possible an efficient con- temporary.use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. Supp. No. 39 1646 § 23.1.4 Relocation. Any change of the location of a struc- ture in its present setting or to another setting. Restoration. The act or process of accurately re- covering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Site. The location of a significant event, a prehis. toric or historic occupation or activity, or a struc- ture, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological galue regardless of the value of any existing structure. . Structure. Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having fixed location on the ground. Unreasonable or undue economic hardship. An onerous and excessive financial burden• that de- stroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in -the case of income. produciiigproperties. (Ord. No.-10875, § 1, 4.25.91) Sec. 23.1.3. Historic and environmental pres. ervation board; preservation of. ficer. The historic and .environmental preservation board (hereinafter referred to as the ""board") and the preservation officer, as established pursuant to sections_62-70 and 62-75 of the Miami City Code, shall carry out . the, duties as assigned by this chapter. (Ord. No. 10875; § 1, 4-25-91)- Sec. 23.1.4: Designation of historic sites, his- toric districts, and archeological zones. (a) Crite)-ia for designation. Properties may be designated as historic sites, historic districts, or archeological zones only if they -have significance in historical, cultural, archeological, aesthetic, or architectural heritage of the city; state, or nation; possess integrity of design, setting, materials, 96- 528 § 23.14 HISTORIC PRESERVATION § 23.1-4 workmanship, feeling, and association; and meet one (1) or more of the following criteria: (1) Are associated in a significant way with the life of a person important.in the past; (2) Are the site of a historic event with signif- icant effect upon the community, city, state, or nation; (3) Exemplify the historical, cultural, political, economic, or social trends of the communi- ty; (4) Portray the environment in an era of his- tory characterized by one (1) or more dis- tinctive architectural styles; (5) Embody those distinguishing characteris- tics of an architectural style, or period, or method of construction; (6) Are an outstanding work of a prominent designer or builder; (7) Contain elements of design, detail, materi- als, or craftsmanship of outstanding quali- ty or which represent a significant innova- tion or adaptation to the South Florida environment; or (8) Have yielded, -or may be likely to yield, in- formation important in prehistory or histo- ry. (b) -Procedures for designation. Properties which meet the criteria set forth in subsection (a) may be designated as historic sites, historic districts, and archeological zohes according to the following procedures: (1) Proposals and preliminary evaluation. Pro- posals for designation may be made to the board by any one (1) of its members, the city commission, the planning, building and zoning department, any other city depart- ment, agency, or board, the Metropolitan Dade County Historic Preservation Board, or any interested citizen. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in subsection (a); and shall, if appropriate, direct the planning, building and zoning department to prepare a designation report. The board may re- Supp. No. 49 1647 quire the party initiating such proposal to provide any necessary documentation, and to pay any applicable fees. (2) Preparation of designation report. For ev- ery proposed historic site, historic district, and archeological zone, the planning, build- ing and zoning department shall prepare a designation report containing the following information: a. Designation report. The designation re- port shall contain a statement of the historic, architectural, and/or archeo- logical significance of the proposed his- toric site, historic district, or archeo- logical zone; the criteria upon which the designation is based; a physical de- scription of the property; an identifica- tion of contributing structures and/or landscape features; present trends and conditions; and incentives to encour- age preservation, rehabilitation, or adaptive use. b. Boundaries. The designation report shall include a map or maps indicating proposed boundaries. Boundaries for historic sites shall generally include the entire property or tract, of land, unless such tract is so large that portions thereof are visually and functionally un- related to any contributing structure or landscape feature. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within .an area and may include properties y Wch in- dividually do not contribute to' the his- toric character of the district, but which require regulation in orddr to control potentially adverse inflilences on the character and integrity of the district. Archeological zone boundaries shall generally conform to natural physio- graphic features which were the focal points for prehistoric and historic ac' tivities or may be drawn along proper- ty lines, streets, or geographic features to facilitate efficient management. c. Interiors. Interior spaces that have ex- ceptional architectural, artistic, or his- 96- 528 s § 23.1-4 MIAMI CODE § 23.1-4 toric importance and that are custom- arily open to the public may be subject to regulation under this chapter. The designation report shall describe pre- cisely those features subject to review and shall set forth standards and guide- lines for such regulations. Interior spac- ep not so described shall not be subject .to review under this chapter. (3) Notice and public hearing. The board shall conduct a public hearing to determine *hether the proposed historic site, historic district, or archeological zone meets the cri- teria set forth in subsection (a) and shall approve, amend, or deny the proposed des- ignation. The board may rehear proposals based upon'policies set forth in its rules of procedure. All public hearings- on designa- tions conducted by the board and hearings on administrative appeals of board deci- sions regarding designations shall be no- ticed as follows: a. The owner of property or his designat- ed agent or attorney, if any, which is the subject of such designation shall be notified by mail at least thirty (30) days prior to the board's meeting and fifteen (15) [days] prior to subsequent admin- istrative appellate hearings. The own- er shall receive a copy of the designa- tion report unless there are more than twenty (20) owners, in which case the notice shall state that a copy is avail- able and where it may be obtained. b. An advertisement shall be placed in a newspaper of general circulation at least ten (10) days prior to the hearing. C. Signs �shail be posted pursuant to sec- tion 62=55=a), as amended, of this Code. d. Notice of the time and place of the pub- lic hearing by the board, or city com- mission, as the case may be, shall be sent at least ten (10) days in advance of the hearing by mail to all owners of property within three hundred seventy- five (375) feet of the property lines of the land for which the hearing is re- 5upp. No. 49 1648 quired. The applicant shall be charged the appropriate fee as set forth in sec- tion 62-61 for the mailing. For the pur- pose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the city. The preservation officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with address- es shown on his certification by the plac- ing in the mail system of the United States on the date certified the herein required notice; the certification shall be conclusive of the giving of such no- tice; in the case of condominiums, no- tice will be sent solely to the condomin- ium association. No action taken by the board, or the city commission, as the case may be, shall be voided by the fail- ure of an individual property owner or property owners to receive notice pur- suant to this subparagraph. (4) Historic and environmental preseruation at- las. Historic sites, historic districts, and ar- cheological zones designated pursuant to section (3) above shall be shown in the "Of- ficial Historic and Environmental Preser- vation Atlas of the City of Miami, Florida." (5) Appeals. The property owner, any one (1) member of the city commission, the plan- ning, building and zoning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to. designations by filing within fifteen (15) calendar days after the date of the decision a written notice of ap- peal with the hearing boards'division of the , planning, building and zoning department, with a copy to the preservation officer. Such notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of four hundred dollars ($400.00), plus three dollars ($3.00) per mailed notice required pursuant to sec- tion 23.1-4(3). The city commission shall hear and consider all facts material to the 96- 52( § 23.14 HISTORIC PRESERVATION § 23.1-5 appeal and render a decision promptly. The city commission may affirm, modify, or re- verse the board's decision. Any decision to reverse the board's decision shall require a three -fifths vote of all members of the city commission. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appel- late Procedure. The provisions of section 23.1-5 shall remain in effect during the en- tire appeal process, unless stayed by a Court of competent jurisdiction. (6) Amendments. The board may amend any designation by following the same proce- dures as set forth in this section. The board (2) may likewise rescind any designation if the structure or feature of principal historic sig- nificance has been demolished or destroyed. (c) Effect of designation. Upon designation, thereafter, the provisions of section 23.1-5 shall apply. (Ord. No. 10875, § 1, 4-25-91; Ord. No. 11200, § 3, 11-17-94) Sec. 23.1-5. Certificates of appropriateness. (a) Certificates of appropriateness, when re- quired. A certificate ofappropriateness shall be required for any -new construction, alteration, re- location, or demolition within a designated histor- ic site-Qx historic district. A certificate of appro- priateness shall be required for any ground disturbing activity within a designated archeolog- ical site or archeological zone or within an arche- ological conservation area. No permits shall be issued by the planning, building and zoning de- partment for any work requiring a certificate of appropriateness unless such work is in conform- ance with such certificate. (b) Procedures for issuing certificates of appro- priateness. (1) Preapplication conference(s). Before submit- ting an application for a certificate of ap- propriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before en- tering into binding commitments or incur- ring substantial expense in the preparation of plans, surveys, and other data. At the Supp. No. 49 1649 request of the applicant, the preservation officer, or any member of the board, an ad- ditional preapplication conference shall be held between the applicant and the board or its. designated representative. The pur- pose of such conference shall be to further discuss and clarify .preservation objectives and design guidelines in cases that may not conform to established objectives and guide- lines. In no case, however, shall.any state- ment or representation made prior to the official application review be binding on the board, the city commission, or any city de- partment. Application for certificate of appropriate- ness. The applicant shall submit to the pres- ervation officer an application together with supporting exhibits and other materials re- quired by the rules of procedure of the board. No application shall be deemed to be com- plete until all supporting materials required have been provided and any established fees paid. (3) Standard certificates of appropriateness. Where the action proposed in an applica- tion is a minor improvement, as specified by the. rules of procedure of the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth in subsection (c), the preservation officer shall, within ten (10) calendar days of re- ceipt of the complete application, issue a standard certificate of appropriateness, with or without conditions, indicating in, writing conformity with said guidelines. Following such approval, permits dependerit upon it may be issued if otherwise lawful. (4) Special certificates of appropriateness. Where the action proposed in an applica- tion involves a major alteration, relocation, or demolition, as specified by the rules of procedure of the board, or where the pres- ervation officer finds that the action pro-, posed in an application involving a minor alteration is not clearly in accord with the guidelines as set forth in section 23.1-5(c), the application shall be classified as'a spe- cial certificate of appropriateness, and the following procedures shall govern. The ap- 96- 528 § 23.1-5 MIAMI CODE § 23.1-5 plicant may also request that his applica- 3. Denial of a special certificate of ap- tion be classified as a special certificate of propri.ateness, subject to the limi- appropriateness. tations in section 23.1-5(c)(2)a.; or a. Public hearing. When a complete ap- 4. Issuance of a special certificate of plication is received, the preservation appropriateness with a deferred ef- officer shall place the application on the fective date up to six (6) months in next regularly scheduled meeting of the cases of demolition or relocation of board. The board shall hold a public a contributing structure or land - `hearing with notice of the application scape feature, pursuant to the pro - and the time and place of the hearing vision of sections 23.1-5(c)(2), (3), as follows: and (4), or up to forty-five (45) cal- endar days for any work potential- 1. The applicant shall be notified by ly affecting an archeological site, mail at least ten (10) calendar days archeological zone, or archeologi- prior to the hearing. cal conservation area, pursuant to 2. Any individual or organization re- the provisions of sections 23.1- questing such notification and pay- 5(cX5). ing any established fees therefor c. Time limitations. If no action is taken shall be notified by mail at least' upon an application by the board with- . ten (10) calendar days prior to the in sixty (60) calendar days, excluding hearing. those days within the month of Au- 3. An advertisement shall be placed gust, from the receipt of a complete sp- in a newspaper at least ten (10) plication, such application shall be calendar days prior to the hearing. deemed to have been approved; and the 4. Any additional notice deemed ap- preservation officer shall authorize is- propriate by the board. suance of any permit dependent upon such certification, if otherwise lawful, b. Decision of the board. The decision of recording as authorization the provi- the board shall be based upon the guide- sions of this section. This time limit lines set forth in, section 23.1-5(c), as may be waived at any time by mutual well as the general purpose and intent consent of the applicant and the board. of this dhapter and any specific design d. Records. Written copies of all decisions guidelines officially adopted for the par- and certificates of appropriateness shall ' ticular historic site, historic district, or. be filed with the planning, building and archeological zone. Na decision of the a zoning department. board shall result in an unreasonable or undue economic hardship for the e. Appeals. The applicant, the planning, owner. The board may seek technical building and zoning department, or any advice from outside its members on any aggrieved party may appeal to the city application. The decision of the board commission any decision of the board, ' shall include a complete description of on matters relating to certificates.of ap- its findings, and shall direct one (1) of propriateness by filing within fifteen the following actions: (15) calendar days after the date of the decision a written notice of appeal with 1. Issuance of a special certificate of the hearing boards division of the plan - appropriateness for the work pro- ning, building and zoning department, posed by the applicant; with a copy to the preservation officer. 2. Issuance of a special certificate of The notice of appeal shall set forth con - appropriateness with specified cisely the decision appealed from and modifications and conditions; the reasons or grounds for the appeal. Supp. No. 49 1650 96- 5 § 23.1-5 HISTORIC PRESERVATION Each appeal shall be accompanied by a fee of four hundred dollars ($400.00). The city commission shall hear and con- sider all facts material to the appeal and render a decision promptly. The city commission may affirm, modify, or re- verse the board's decision. The deci- sion of the city commission shall con- stitute final administrative review, and no petition for rehearing or reconsider- ation shall be considered by the city. Appeals from decisions of the city com- mission may be made to the courts as provided by the Florida Rules of Appel- late Procedure. f. Changes in approved work. Any change in work proposed subsequent to the is- suance of a certificate of appropriate- ness shall be reviewed by the preser- vation officer. If the preservation officer finds that the proposed change does not materially affect the property's histor- ic character or that the proposed change is iri accord with approved guidelines, standards, and certificates of appropri- ateness, the officer may issue a supple- mentary standard certificate of appro- priateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of - - appropriateness previously approved by the board, a new application for a spe- cial certificate of appropriateness shall be required. g. Conditional uses and deviations. The board shall issue special certificates of appropriateness for conditional uses and deviations, pursuant to the provi- sions of article 7 of Ordinance No. 11000, the zoning ordinance of the city as amended. (5) Expiration of certificates of appropriate- ness. Any certificate of appropriateness is- sued pursuant to the provisions of this sec- tion shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time peri- od. Supp. No. 49 1651 (c) Guidelines for issuing certificates of a priateness. (1) Alteration of existing structures, new struction. Generally, for applications - ing .to alterations or new constructir required in section 23.1-5(a), the pro} work shall not adversely affect the his - architectural, or aesthetic character o subject structure or the relationship congruity between the subject structure its neighboring structures and surroi ings, including but not limited to form, s ing, height, yards, materials, color_ rhythm and pattern of window and if openings in building facades; nor shall proposed work adversely affect the spe character or special historic, architectL or aesthetic interest orvalue of the ove- historic site or' historic district. Exc where special standards and guidelines h been specified in the designation of a p ticular historic site or historic district, where the board has subsequently adopt additional standards and' guidelines foi particular designated historic site or h toric district, decisions relating to alt- ations, or new construction shall be guid by the U.S. Secretary of the Interior's "Sta dards for Rehabilitation and Guidelines f Rehabilitating Historic Buildings." (2) Demolition of existing structures. a. The board shall have authority to del a demolition permit only where su authority is provided as a condition granting a conditional use or,0ibsta tial deviation under the provisions section 704.4.4 of Ordinance No.110C the zoning ordinance of .the city, amended. b. Except as provided in (a) above, t] board may grant a certificated appi priateness with a delayed effective do up to six. (6) months. The effective da shall be determined by the board bas upon the relative significance of t] structure, the probable time to arran an alternative to demolition, ai whether the applicant has made a cle determination of unreasonable or u due economic hardship. 96- 5 § 23.1-5 1 MIAMI CODE § 23.1-5 c. During the demolition delay period, the historic and architectural character of the board may take such steps as it deems structure. The board may issue a certificate necessary to preserve the structure con- with a delayed effective date up to six (6) cerned, in accordance with the intent months in order to explore alternatives to and purpose of this article. Such steps relocating the structure in question. may include, but shall not be limited (4) Removal of landscape features. to, consultation with civic groups, pub- a. No certificate of appropriateness shall lic agencies, and interested citizens, rec- be granted for removal, relocation, con- ommendations for acquisition of prop- cealment or effective destruction by erty by public or private bodies or damage of any contributing landscape agencies, and exploration of the possi- features identified in the designation bility of relocating the subject strut- report unless one (1) of the following ture. conditions exists: d. During the demolition delay period, the 1. The landscape feature is located in owner shall permit access to the sub- the buildable area or yard area ject property for the purpose of apprais- where a structure may be placed als and inspections required by the and unreasonably restricts the per - board. If the board finds that the own- mitted use of the property; or er has refused a "bona fide" offer to pur- 2. The landscape feature is inappro- chase or otherwise provide compensa- priate in.a historic context or other- tion for the subject structure or property wise detracts from the character of for fair market value by any public or the historic site or historic district; private person or agency which gives or reasonable assurance of its willingness 3. The landscape feature is diseased, to. preserve such structure on its orig- injured, or in danger of falling; un- inal site or on a site approved by the reasonably interferes with utility board, it may invalidate the certificate service; creates unsafe vision clear - of appropriateness, following a public ante; or conflicts with other appli- hearing. cable laws and regulations. e. The board may require, at the appli- b. As a condition of granting the certifi- cant's expense, salvage and preserva- cate of appropriateness, the applicant tion of significant building materials, may be required to relocate or replace architectural details and ornaments, identified landscape features. fixtures, and -the like for reuse in res- (5) Ground disturbing activity in archeological toration of other historic properties. The zones, archeological sites, or archeological board ..may also require at the appli- conservation areas. .. cam's expense the recording of the a. No certificate of appropriateness shal structure for archival purposes prior to be issued for new construction, excava' demolition. The recording may include, tion, tree removal, or. any other grount but shall not be limited to, photographs disturbing activity until the county ar - and measured drawings. theologist has reviewed the applica (3) Relocation of existing structures. Reloca- tion and made his recommendation con tion of historic structures from their origi- cerning the required scope o nal location shall be discouraged; however, archeological work. The board may re the board may grant a certificate of appro- quire any or all of the following: priateness if it finds that no reasonable al- 1. Scientific excavation and evalua ternative is available for preserving the Lion of the site at the applicant' structure on its original site and. the pro- expense by an archeologist ap posed relocation site is compatible with the proved by the board. Supp. No. 49 1652 C § 23.1-5 HISTORIC PRESERVATION § 23._ 2. An archeological survey at the ap- plicant's expense. conducted by an archeologist approved by the board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the arche- ological site. 3. Proposal for mitigation measures. 4. Protection or preservation of all or part of the archeological site for green space, if the site is of excep- tional importance and such denial would not unreasonably restrict the primary use of the property. b. The board may issue a certificate of ap- propriateness with a delayed effective date up to forty-five (45) calendar days to allow any necessary site excavation or assessment. c. The county archeologist shall assist the board by providing review of any pro- fessional archeological surveys and ex- cavations conducted pursuant to a cer- tificate of appropriateness. (Ord. No. 10875, § 1, 4-25-91; Ord. No. 11200, § 3, 11-17-94) Sec. 23.1-6. Administration, enforcement, vi- olations, and penalties. (a) Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features. (b) Enforcement of maintenance and repair pro- visions. When the board or. preservation officer determines that any designated property is en- dangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and re- pair to such an extent as to detract from the char- acter of the designated property, the board or of- ficer may request appropriate officials or agencies of the city to require correction of such deficien- cies under authority of applicable laws and regu- lations. Supp. No. 49 1653 (c) Unsafe structures. In the event the buildii official of the city determines that any designat= property is unsafe pursuant to section 202 of V. South Florida Building Code, he shall immediat ly notify the board with copies of such findinE Where reasonably feasible within applicable lay and regulations, the building official shall endea or to have the structure repaired rather than d molished and shall take into consideration al comments and recommendation of the board. Tl board may take appropriate actions to effect a-i accomplish preservation of such structure, inclu ing, but not limited to, negotiations ,with the ow er and other interested parties, provided that su, actions do not interfere with procedures in sectii 202 of the building code. (d) Emergency conditions. For the -purpose remedying emergency conditions determined to imminently dangerous to life, health, or properl nothing contained herein shall prevent any tef porary construction, reconstruction, demolition, - other repairs to a designated property, pursua: to an order of a government agency or a court competent jurisdiction, provided that only su, work as is reasonably necessary to correct ti emergency condition may be carried out. The ow er of a structure damaged by fire or natural c lamity may stabilize the structure immediate and rehabilitate it later under the provisions this chapter. (e) Enforcement. The planning, building aL zoning department shall assist the board by ma ing necessary inspections in connection, With ti enforcement of this chapter. The planning, buil. ing and zoning department shall be responsib for promptly stopping any work attempted to done without or contrary to any certificate of a propriateness required under this chapter; ar shall further be responsible for ensuring that at work not in accordance with a certificate of appr priateness is voluntarily corrected to comply wif said certificate. M Violations and penalties. Any person who ca ries out or causes to be carried out any work violation of this chapter shall be required to r store the designated property either to its appea 96- 52. § 23.1-6 MIAMI CODE § 23.1-6 aned. prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern. (1) Referral to preservation board. The plan- ning, building and zoning department shall refer all violations to the board, unless such violation is voluntarily corrected to comply with,a previously issued certificate of ap- propriateness. (2) Preservation board public hearing. The board shall conduct a public hearing with hiotice as set forth in section 23.1-5(b)(4)a. (3)-' Decision of preservation board. The board shall make findings based upon the provi- sions of this section and the. guidelines set forth in section 23.1-5(c) and shall take one (1) of the following actions: a.. Reaffirmation of a previously issued cer- tificate of appropriateness; b. issuance of an amended special certif- icate of appropriateness with specified modifications and conditioxis; or c. Issuance of a new special certificate of appropriateness with specified condi- tions. The board may specify a reasonable limita- tion of time within which the work autho- rized by the certificate.of appropriateness shall be commpriced or completed, or both. Appeals of any decision of the board shall follow the same procedures as set forth in section 23.1-5(b)(4)e: (4) Referral to code enforcement board. If the work authorized by any certificate of appro- priateness issued pursuant to section (3) above is not commenced and/or completed within the time specified, or if a subse- quent violation of a certificate 'of appropri- ateness issued pursuant to this section is found, the planning, building and zoning department shall initiate enforcement pro- ceedings before the code enforcement board pursuant to the provisions of section 2-394 of the Miami City Code. This remedy shall be in addition to and not in lieu of any crim- inal or civil prosecution and penalty that may be provided. Supp. No. 49 1654 (g) Conflicts. Where there are conflicts between the requirements of this chapter and provisions of the zoning ordinance or other codes covering the same subject, the most restrictive requirements shall apply. (h) Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. (Ord. No. 10875, § 1, 4-25-91) [The next page is 16731 96- 528 APPENDIX "E" Resolution HEPB-96-11 96- 528 APPENDIX "N" RESOLUTION HEPB-96-11 A RESOLUTION DENYING A CERTIFICATE OF APPROPRIATENESS, WITHOUT PREJUDICE, FOR RETENTION OF THE RECONFIGURED OPENINGS ON THE REAR COURTYARD OF FIRE STATION NO. 4, LOCATED AT 1000 S. MIAMI AVENUE, AND ELECTING NOT TO RESCIND OR MODIFY RESOLUTION HEPB 93-22, ADOPTED JUNE 15, 1993; FURTHER AGREEING, HOWEVER, TO REVIEW AND RECONSIDER SAID DENIAL AT THE TIME A NEW OPERATOR PRESENTS PROPOSED PLANS FOR THE REDEVELOPMENT OF THE PROPERTY TO THE BOARD. PASSED AND ADOPTED THIS 16TH DAY OF APRIL, 1996. 1`5RESERVATION OFFICER CHAIRMAN 96- 528 0 i i APPENDIX T" Inventory List 96- 528 APPENDIX "F" INVENTORY LIST 1000 SOUTH MIAMI AVENUE FIRST FLOOR EQUIPMENT LIST: QUANTITY DESCRIPTION 3 REMANCO CASH REGISTER SYSTEMS 1 BUNN THREE PLATE COFFEE MAKER 2 OLD TIME KETTLES 1 VICTORIA CAFE PILON - EXPRESSO MAKER 1 2 DOOR UNITED USF REFRIGERATION BOX 1 IMPERIAL GRILL 2 CECILWARE DEEP FRYER 1 HOOD SYSTEM 1 COOLER BOX - Approximately 41by 3' 1 COOLER BOX - Approximately 51by 3' 2 DOUBLE DOOR BAR REFRIGERATION 1 BAR WATER AND RINSE SYSTEM 1 ICE BIN 2 DROP LIGHTS OVER BAR 5 CEILING FANS 2 AUDIO SPEAKERS 1 FIXED U SHAPED BAR 13 BAR STOOLS 1 BOOTH WITH 5 TWO -TOPS 5 HIGH BACK CHAIRS 3 BAR TOP TABLES 11 HIGH BACK BAR CHAIRS 8 FOUR -TOPS WITH CHAIRS 2 TWO -TOPS WITH CHAIRS 5 EXTRA CHAIRS 1 CHECK -IN PODIUM 2 WOOD BENCH 2 WOOD COFFEE TABLE 4 ETCHED GLASS PARTITIONS 2 BRASS FIRE POLES (PAGE 1 OF 3) 96- 528 APPENDIX "F" INVENTORY LIST 1000 SOUTH MIAMI AVENUE i SECOND FLOOR EQUIPMENT LIST; QUANTITY DESCRIPTION I 10 FOUR -TOPS WITH CHAIRS i 12 TWO -TOPS WITH CHAIRS 8 BOOTHS WITH CHAIRS 10 i DROPLIGHTS 1 BUNN SINGLE BURNER COFFEEMAKER 2 PEPSI REFRIGERATION BOX 1 SINK SYSTEM 1 VICTORIA CAFE EXPRESSO MAKER 1 4-DOOR REFRIGERATION SYSTEM 1 7 BURNER GAS STOVE 1 PITCOFRIALATOR TRIPPLE STATION FRYER 1 CHAR -BROILER i 1 GAS GRILL WITH GRIDDLE STATION 1 ECOLAB DISHWASHER SYSTEM 1 TABLE SURROUNDING DISHWASHER EQUIPMENT i 1 SINK WITH DISPOSAL 1 WALK=IN FREEZER/COOLER COMBINATION 1 RGN ROBT COUPE FOOD PROCESSOR j 2 STAINLESS STEEL KITCHEN TABLE I 1 STAINLESS STEEL SINK SYSTEM 3 WEIGHT SCALES 1 4-SHELF STORAGE UNIT - approximately 4' 1 4-SHELF STORAGE UNIT - approximately 2' (PAGE 2 OF 3) 95- 528 APPENDIX INVENTORY LIST I000 SOUTH MIAMI AVENUE MISCELLANEOUS EQUIPMENT: POTS PANS DISHES GLASSES PITCHERS SILVER COOKING UTENCILS COOKING TRAYS BASKETS PLATECOVERS WINE BUCKETS FOOD STORAGE CONTAINERS SALT & PEPPER SHAKERS (PAGE 3 OF 3) 56- 52C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Merrett R. City Mana€ DATE October 10, 1996 FILE SUBJECT Appointing Members of a Review Committee to Evaluate Proposals the RFP for 1000 South Miami A-% REFERENCES: URES Resolution No. 96-528, adopted July 11, 1996, authorized the City Manager to issue a Request for Proposals (RFP) for the leasing, management and operation of a restaurant for the City -owned historic building, former Fire Station No. 4, located at 1000 South Miami Avenue, and the appointment of the members of the review committee which is to evaluate each proposal and render a written evaluation of its findings to the City Manager, including any minority opinions. The review committee shall consist of an appropriate number of city officials or employees and an equal number plus one (1) of members of the public. The subject RFP was advertised on July 25, 1996 with all proposals in response to the RFP being due by 2:00 p.m. Friday, October 25, 1996. The following individuals are recommended to serve on the review committee representing the city officials or employees: Arleen Weintraub, Community Planning & Revitalization Sarah E. Eaton, Community Planning & Revitalization Anna Proenza, City Manager's Office Gregory Wright, Conferences., Conventions. & Public Facilities The following individuals are recommended to serve on the e�w representing the members of the public: _<.r- :D -i m Mayor Joe Carollo Vice Mayor Wifredo Gort Commissioner Dunn Commissioner Plummer Commissioner Regalado �mmittee a, G --i N r•� CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission 35 DATE : JUN 2 6 1996 FILE : SUBJECT: Authorizing the Issuance of Request for Proposals for 1000 South Miami Avenue FROM : clesa REFERENCES: City ENCLOSURES: For July 11, 1996 Commission Meeting 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 attached form, and in accordance with the requirements of City of Miami Charter Section 29-B, for purposes of soliciting proposals from individuals, corporations or other legal associations, having the requisite qualifications and experience in the restaurant field, to lease, manage and operate the City -owned property located at 1000 South Miami Avenue, Miami Florida, for a lease term of fifteen (15) years with two (2) five (5) year options, with a minimum return to the City which includes a base rent plus a percentage of gross sales as follows: BASE'REN7�.:'...:. s.,.h}PERCENTAGERENT'� 1-3 $ 76,5001YR 6% over $2,200,000 4-6 $ 83,385NR 6% over $2,400,000 7-9 $ 90,890/YR 6% over $2,600,000 10-12 $ 99,070NR 6% over $2,850,000 13-15 $107,896NR 6% over $3,100,000 and, authorizing a fifty percent (50%) reduction in the total amount of base rent due for the first six (6) months of the lease term to be utilized by the tenant for initial marketing expenses. BACKGROUND: The City of Miami, as a municipal corporation of the State of Florida, is authorized by Article VIII, Section 2 of the Constitution of the State of Florida, to exercise any power for municipal, corporate and proprietary purposes except as otherwise provided by law. Additionally, Section 3(f) of the Charter of the City of Miami, as amended, authorized the City to lease City -owned real property subject to the conditions set forth in Section 29-B of the Charter of the City of Miami. 96- 528 2 Presently, the City of Miami owns real property located at 1000 South Miami Avenue, Miami, Florida (the "Property") which is not needed at this time for use by the City. Therefore, it is in the City's best interest to solicit proposals from individuals, corporations or other legal associations having the requisite qualifications and experience in the restaurant field, to lease, manage and operate the Property for a lease term of fifteen (15) years with two (2) five (5) year options, with a minimum return to the City as stated in the schedule provided above. Additionally, it is requested that the City Commission appoint members to a review committee, which shall consist of an approximate number of city officials or employees and an equal.number plus one of members of the public, which is to evaluate and rank all the responsive proposals received. It is requested at this time that you approve the attached Resolution authorizing the issuance of the Request for Proposals for the vacant City -owned property, formerly known as Fire Station No. 4, located at 1000 South Miami Avenue, which was designated by the City as a Historic site on June 15, 1983 and listed in the National Register of Historic Places on March 8, 1984. 95- 528