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HomeMy WebLinkAboutR-94-0354J-94-420 5/16/94; RESOLUTION NO. 4 - 354 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTHUR ANDERSEN & COMPANY ("CONSULTANT") TO CONDUCT A FEASIBILITY STUDY FOR THE DEVELOPMENT OF TWO HOTELS ("PROJECTS") LOCATED IN THE LITTLE HAVANA NEIGHBORHOOD, AT APPROXIMATELY SOUTHWEST FIFTEENTH AVENUE AND SOUTHWEST EIGHTH STREET, AND IN THE OVERTOWN/PARK WEST AREA, AT APPROXIMATELY NORTHWEST FIRST AVENUE AND NORTHWEST FOURTH STREET, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS. WHEREAS, it is the objective of the City of Miami ("City") to stimulate development in areas where private initiatives have failed to generate the desired level of economic development; and WHEREAS, the City has long considered the development of hotels and other supporting amenities in the Little Havana and Overtown/Park West areas; and WHEREAS, two sites identified for development are owned by the City and Department of Off -Street Parking; and WHEREAS, a feasibility study of the proposed developments has to be conducted by a qualified consultant to determine the projects' economic viability and financial feasibility; and WHEREAS, the City received four proposals from qualified management consultant firms to undertake a feasibility study of the proposed developments; and CON TAIHED CITY L'OMNIIssIom MEETING OF MAY 2 3 1994 Resolution No. 94- 354 W WHEREAS, Arthur Andersen & Company was deemed the most qualified firm; 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 enter into a professional services agreement, in substantially the attached form, with Arthur Andersen & Company to conduct a feasibility study for the development of two hotels located in the Little Havana Neighborhood, at approximately Southwest Fifteenth Avenue and Southwest Eighth Street, and in the Overtown/Park West Area, at approximately Northwest First Avenue and Northwest Fourth Street, Miami, Florida, with funds therefor hereby allocated for said services, in an amount not to exceed $50,000.00, from Special Programs and Accounts. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of May , 1994. ATTEST MATT HIRAI, CITY CLERK z 9;�6�a STE EN P. CLAR , MAYOR P)4- 354 PREPARED AND APPROVED BY: LINDA K. KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. t N J N CITY ATT Y 3 !94— c)5A This Agreement entered into this day of , 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Arthur Andersen & Company, hereinafter referred to as "CONSULTANT". WHEREAS, it is the CITY's objective to stimulate development in areas where private initiatives have failed to generate economic development; and WHEREAS, the CITY has long considered to see the development of hotels and other supporting amenities in the Little Havana and Overtown/Park West areas; and WHEREAS, two sites identified for development are owned by the CITY and Department of Off -Street Parking; and WHEREAS, a feasibility study of the proposed developments has to be conducted by a qualified consultant to determine the projects' economic viability and financial feasibility; and WHEREAS, the CONSULTANT has the necessary professional qualifications and expereince to undertake a feasibility study of the proposed developments; NOW THEREFORE, in consideration of the promises, mutual covenants and obligations herein contained; and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: The term of this Agreement shall be from June 1, 1994 to July 31, 1994. To evaluate the market potential for hotels at two sites, the CONSULTANT shall 34- 354 perform the following tasks: 1. CONSULTANT will meet with City staff and other members of the parties involved in the project to obtain the information for both sites. In addition, the CONSULTANT will review any prior work conducted on these properties or in the immidiate area; 2. CONSULTANT will visit and analyze each site to evaluate the surrounding area and other major developments to determine accessibility and other selected infrastructure issues as they relate to the proposed hotels; 1 CONSULTANT will interview managers of competitive and comparable hotels, to gauge their past and present occupancy, room rates and markets served. The selection of competitors will be based on the type and quality of property envisioned, given the identified site and location considerations; 4. CONSULTANT will interview the City Planning officials and County tourism representatives to identify any proposed hotels, as well as present and future sources of lodging demand; 5. CONSULTANT will interview travel agents, tour operators, meeting planners, and other travel professionals to get their perception as to the relative merits of the two locations for tourist and business hotels; 6. CONSULTANT will review any existing or proposed plans for the two proposed properties, and make specific recommendations as to the facilities' program in order to enhance future market position of the two projects; 7. CONSULTANT will estimate occupancy, average room rates and market segmentation for each hotel's first five years of operation. Within this analysis, the CONSULTANT will address the future average room rate by type of guest, by season of travel and by year; B. Upon completion of the market assessment, the CONSULTANT will prepare estimates of future cash flow from operations to be available for debt service and income taxes for the first five years of operation. These estimates of financial performance will be presented in current (inflated ) dollars; and 9. At the conclusion of work, the CONSULTANT will prepare two written reports of their findings. The CONSULTANT will prepare separate reports for each proposed hotel. Each report will contain the CONSULTANT's findings, conclusions, recommendations and estimates of future performance for the proposed hotel. The CONSULTANT will present the reports to the CITY in 2 J 354 draft form for review and comments. At the completion of this review, the final report will be issued. The CONSULTANT will also present the final report to the City Commission at the second Commission Meeting in July 1994. III COMPENSATION: A. CITY shall pay CONSULTANT, as compensation for the performance of services required pursuant to Section II hereof, a fee not to exceed Fifty Thousand Dollars ($50,000.00). B. Such compensation shall be paid on the basis of monthly itemized invoices to the CITY for the performance of services rendered. Fees for the above defined scope of services will be based on the standard hourly billing rates of the professionals involved. These rates are as follows: Partner $350.00 per hour Manager $265.00 per hour Staff Consultants $150.00 per hour C. The CONSULTANT and the CITY hereby agree that the maximum amount payable under this contract shall not exceed Fifty Thousand Dollars ($50,000.00), and that the CITY may immediately and at any time terminate this Agreement when the costs hereinabove reaches Fifty Thousand Dollars ($50,000.00). D. CITY shall have the right to review and audit the time, payment and related records of CONSULTANT pertaining to any payment made by the CITY under this Agreement. 3 �14- 354 CONSULTANT shall comply with all applicable laws, ordinances and codes of federal, state, and local governments. A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by messenger service or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. DEPARTMENT OF DEVELOPMENT ARTHUR ANDERSEN & CO. 300 Biscayne Boulevard Way One Biscayne Tower Suite 400 Suite 2100 Miami, FL 33131 Miami, FL 33131 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall govern. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforcable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and ineither event, the remaining 4 4- 354 terms and provisions of this Agreement shall remain unmodified and in full force and effect. All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Section II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. The obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the delegation or assignment of such service or any part thereof by another person or firm. MIHMUVG ■ CITY reserves the right to audit the records of CONSULTANT related to the Agreement at any time during its performance and for a period of one year after final payment is made under this Agreement. s 14-- 354 CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's negligent activities under this Agreement, including all other negligent acts or omissions to act on the part of CONSULTANT, including any person acting for or j on its behalf, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. I� 6 94- 354 A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respect with the terms of said laws. CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further they shall riot be deemed entitled to the Florida Workers' Compensation benefits as employees of CITY. Both parties retain the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section II hereof without penalty to either. In that event, notice of termination of this Agreement shall be in writing to the other party at least ten (10) days in advance of termination. CONSULTANT shall be paid for those services performed prior to the effective date of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. '04- 354 XVI NON-DISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. XVII MINORITY PROCUREMENT ORDINANCE: i CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XVIII CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and / or change in regulations. f XIX DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. i i 8 �94— 354 I a XX ENTIRE AGREEMENT: This agreement and its attachments constitute the sole and only Agreement of the parties hereto and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year above written. ATTEST: MATTY H I RAI City Clerk ATTEST: Corporate Secretary 9 CITY OF MIAMI, a Municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager CONSULTANT: ARTHUR ANDERSEN & COMPANY By: (Title) - 4 - 354 APPROVED AS TO INSURANCE REQUIREMENTS: F. K. ROLLASON, DIRECTOR Risk Management to APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III. City Attorney 94- 354 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE MAY. LIS 1994. FILE of the City Commission , SUBJECT : Professional Services Agreement cppM ; Cie , REFERENCES Cit II g City Commission 0 ENCLOSURES: Meeting of May 23, 1994 It is respectfully recommended that the Commission adopt the attached Resolution, authorizing the City Manager to enter into a professional services agreement, in substantially the form attached, with Arthur Andersen & Company to conduct a feasibility study for the development of two -hotel projects in the Little Havana and Overtown/Park West areas. The total fee for professional services will not exceed $50,000. Department of Development & Housing Conservation recommends the hiring of the Arthur Andersen & Co. to undertake an economic and financial feasibility study for the development of two hotels in the City. Two sites identified for the proposed developments are located in the Little Havana and Overtown/Park West neighborhoods Both sites are owned by the City and Department of Off -Street Parking. The development plan contemplates the City to finance and develop both hotels, and enter into a long term mananagement agreement with a recognized hotel chain. Efforts will be made to involve minorities with all aspects of development and management of the hotels. The following four firms presented written proposals and qualifications in response to the City's request: Arthur Andersen & Co. The Hospitality Consulting Services, a Miami based management consulting division of Arthur Andersen & Co., is providing a wide range of specialized consulting and appraisel services to the hotel owners, developers and investors in the hospitality industry. Arthur Andersen also assists in transactions by advertising clients in owner -operator negotiations, and in the lease, purchase, sale or financing of hotel and related real estate. The firm has an impressive list of clients located in US and abroad. Cayuga Hospitality tality Advisors, Inc. An International Association of Senior Executives counselling the hotel, resort club & foodservice industries. The members of the firm includes present and former senior executives, entrepreneurs and educators serving virtually every facet of the hospitality industries. The expertise includes project planning, design, development, finance, marketing, operations and brokerage. The principal of the firm conducted a market feasibility study for the New Washington Height CDC hotel project. Horwath Hospitality Consulting. Inc. Horvath Hospitality Consulting, Inc., a member of Horwath International, is based in Boca Raton, Florida. The firm has extensive experience in the areas of hospitality, convention, and tourism expertise providing services to both small and large companies. The firm represented a long list of well known clients in the US and abroad. The firm is 100% women owned. PKF ConSUltinc! PKF Consulting, a member of Pannell Kerr Forster International, is a hospitality, firm offering a complete range of services for hospitality, tourism and real estate industries including: market analyses, feasibility studies, appraisals, operational reviews, needs analyses, impact studies, asset oversight management, transaction assistance and other services needed by the worldwide hospitality and tourism industries. PKF is a well qualified firm with long history of experience with hotels and resorts throughout Florida, the Caribbean and Latin America. Based on credentials and experience presented in their proposals, we believe all four firm are more than capable of delivering the proposed feasiblity study. Nevertheless, the Arthur Andersen & Company seems to have a slight edge over the other firms in overall experience and staff assigned for the project. Therefore, it is respectfully requested that the City Commission approve the recommendation of the Administration to hire Arthur Andersen & Company. Attachments: Resolution Copies of four Proposals Professional Services Agreement 34- 354 .PROPOSAL TO CONDUCT MARKET ASSESSMENTS FOR TWO PROPOSED HOTELS IN THE CITY OF Mum, FLORIDA MAY 13,1994 .f�NDERS. I (tEN AMWR ANDERSEN & Co, Sc Prepared for: Mr. Cesar H. Odio City Manager, City of Miami Prepared by: Arthur Andersen & Co Real Estate Services Group Miami, Florida 4- 3;4 17 ARTHUR ANDERSEN I ARTHUR ANDERSEN & CO, SC May 13, 1994 Mr. Cesar H. Odio City Manager City of Miami P.O. Box 330708 Miami, Florida 33233-0708 W Arthur Andersen & Co. Suite 2100 One Biscayne Tower Miami FL 33131-1801 305 789 2578 305 789 2573 Fax Re: Market Assessment for Two Proposed Hotels in the City of Miami, Florida Dear Mr. Odio: Per the City's request, Arthur Andersen (Andersen) has prepared this proposal to conduct a market assessment for two proposed hotels to be located in the City of Miami, Florida. The specific sites under consideration are: N.W. corner of S.W. 15th Avenue and S.W. 8th Street and N.W. corner of N.W. I st Avenue and N.W. 4th Street Our Miami -based hospitality consulting services group is eminently qualified to serve the City's needs on this assignment. Attached to this letter, for your review, is a description of the services we offer as well as resumes of select members of our hospitality consulting team. The remainder of this letter outlines the services we would undertake, the terms and conditions which will govem the engagement, and the professional fees and expenses to be incurred in the performance of our work. SCOPE OF SERVICE To evaluate the market potential for lodging facilities at the two sites, we will perform the following tasks: • Meet with City staff and other members of the group involved in the project to obtain the information we will need in our work. In addition, we will review any prior work conducted on these properties or in the immediate area; • Visit and analyze each site to evaluate the surrounding area and other major developments. We will analyze accessibility and other selected infrastructure issues as they relate to the proposed lodging facilities; • Interview managers of the competitive and comparable lodging facilities, to gauge their past and present occupancy, room rates and markets served. Our selection of competitors will be l� 94- 354 1 Mr. Cesar H. Odio City of Miami - 2 - May 13, 1994 based on the type and quality of property envisioned, given the identified site and location considerations; Interview City planning officials and County tourism representatives to identify any rumored or proposed properties, as well as present and future sources of lodging demand; • Interview travel agents, tour operators, meeting planners, and other travel professionals to get their perception as to the relative merits of the two locations for tourist and business lodging facilities; • Review any existing or proposed plans for the two proposed properties, and make specific recommendations as to the facilities' program in order to enhance future market position of the two projects; • Estimate occupancy, average room rate and market segmentation for each hotel's first five years of operation. Within this analysis, we will address the estimated future average room rate by type of guest, by season of travel and by year•, • Upon completion of the market assessment, we will prepare estimates of future cash flow from operations to be available for debt service and income taxes for the first five years of operation. These estimates of financial performance will be presented in current (inflated) dollars; and • At the conclusion of our work, we will prepare two written reports of our findings. We will prepare separate reports for each facility. Each report will contain our findings, conclusions, recommendations and estimates of future performance for the proposed hotel. We will present the reports to you in draft for your review and comments. At the completion of this review, we will issue the final report. TIMING, MEETINGS AND PROFESSIONAL FEES Our fee for the above defined scope of services will be based on the standard hourly billing rates of the professionals involved. Our standard rates are as follows: Partner $350 per hour Manager 265 per hour Staff consultants 150 per hour Our professional fee for this assignment will not exceed $50,000. We have budgeted for up to two presentations at the conclusion of the assignment. Preparation for and attendance at any City requested meetings and presentations beyond these planned meetings will be charged separately, �4 0 - 354 Mr. Cesar H. Odio City of Miami - 3 - May 13, 1994 based on the actual hours of professional time expended at our standard hourly billing rates for the professionals involved. Charged in addition to the fee for professional time will be expenses including, but not limited to lodging, mileage, long-distance telephone calls, computer time charges, production/reproduction services, and other expenses. These expenses vary, of course, and will be invoiced at cost. Our fees plus out-of-pocket expenses will be billed upon completion of the draft report. We reserve the right to invoice on a monthly basis, or upon early termination, in proportion to the work accomplished and the expenses incurred as of that date. If, at some point during the course of the work, a decision is made to discontinue, our fee will be based upon the actual professional time expended and the out-of-pocket expenses incurred to that date. Any unused portion of the initial payment will be returned to you in that eventuality. In order to be equitable to all our clients, we schedule work in the order that signed engagement letters and retainers are received. Upon receiving your authorization to schedule the work, we will call you to notify you of our starting date, and estimated time of completion. Naturally, we will work with you to the extent we are able to accommodate your organizatioWs internal timing constraints. RESTRICTIONS Our study and report are subject to the following restrictions and conditions: 1. We have no obligation to update our findings and conclusions for changes in market conditions which occur subsequent to our fieldwork. Any such changes in market conditions will affect the validity of our estimates. 2. Our study and report are based on assumptions and estimates which are subject to uncertainty and variation. These estimates are often based on data obtained in interviews with third parties, and such data are not always completely reliable. In addition, we make assumptions as to the future behavior of consumers and the general economy which are highly uncertain. Therefore, while our estimates will be conscientiously prepared on the basis of our experience and the data available to us, we make no warranty of any kind that the occupancy, rates, revenues or expenses projected will, in fact, be achieved. 3. The report and parts thereof, and any additional material submitted are for your internal use only and may not be shared with third parties without our prior written consent which will not be unreasonably withheld. The report and parts thereof, and any additional material submitted, may not be used in any prospectus or printed material used in a° 24- 354 Mr. Cesar H. Odio City of Miami - 4 - May 13, 1994 connection with the sale of securities or participation interests in any Public Offering as defined under US securities laws. 4, The Cityagrees to hold harmless Andersen and its personnel from and against any claims, liabilities, costs and expenses (including, without limitation, attorney's fees and the time of Andersen personnel involved) brought against, paid or incurred by Andersen at any time and in any way arising out of or relating to Andersen's services under this letter, except to the extent finally determined to have resulted from the negligence or willful misconduct of Andersen personnel, This provision shall survive the termination of this agreement for any reason. 5. Andersen's maximum liability relating to services rendered under this letter (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to Andersen for the portion of its services or work products giving rise to liability. In no event shall Andersen be liable for consequential, special, incidental or punitive loss, damage or expense (including without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence. 6. Andersen reserves the right to invoice periodically, or upon early termination, in relation to the level of effort incurred, and expenses incurred, as of that date. The retainer payment called for will be applied to the final billing, with interim billings occurring as appropriate. The full amount of the fee and direct expenses will be due upon completion of the work program and submission of the final report in the form specified in the basic letter. Payment for services rendered will be due upon receipt of invoice. If payment is not received within thirty, (30) days of billing date, Andersen reserves the right to suspend work until payment is made and apply a service charge of 1.5 percent per month or fraction thereof to the total unpaid sum. It is understood that Andersen may extend the time for payment on any part of the billings rendered without affecting the understanding outlined above. It is further agreed that in the event legal action becomes necessary to enforce collection of bills rendered, the client will be responsible for all collection costs, including but not limited to court costs and reasonable legal fees. The foregoing restrictions and provisions shall survive the termination of this agreement for any reason. 4— 3ro4 `� Mr. Cesar H. Odio City of Miami - 5 - May 13, 1994 ACCEPTANCE Please sign the enclosed copy of this letter for our files and send it to us with the requested retainer check. We appreciate the opportunity to work with you. If you have any question about the scope of our work, please call Michael A. Stein at (305) 789-2577 or David W. Heath (305) 789-2574. Very truly yours, llg4v4&�OZ4 - ACCEPTED BY THE CITY OF MIAMI: Name: Title: Date: i D4- 354 Introducing Miami Hospitality Consulting Services Arthur Andersen One Biscayne Tower, suite 2100 Real Estate Services Group Miaau, FL 33173 (M) 37"700 4 - 3 5 4 d3. Hospitality Consulting Services Arthur Andersen, as part of its full - service practice, provides a wide range of specialized consulting and appraisal services to hotel owners, developers and investors in the hospitality industry. Arthur Andersen also assists in transactions by advising clients . in owner -operator negotiations, and in the lease, purchase, sale or financing of hotel and related real estate. Recent hospitality engagements concern independent and chain - affiliated properties in the U.S. and abroad at a variety of locations -- urban, suburban, airport, roadside and resort -- and include full -service commercial and conventional hotels, all -suite, budget, limited service and luxury properties, and hotel -related uses (e.g., conference centers, convention facilities, exhibit halls). The firm's professional staff are well- rounded. They offer you the advantage of premier educational backgrounds, hands-on experience in the industry, and experience in the consulting environment. The staff of the firm's Miami office has extensive experience serving clients in the U.S., the Caribbean, Latin America and Europe. `! / • : 00�� Project development services for new hotels and related facilities include: • Concept development and refinement, by providing practical advice about product and strategy based on a client's business objectives, current activities and market and financial considerations. • Market research, which encompasses site analysis, supply/ demand relationships, projections of economic and demographic growth and competitive development potentials. • Development planning, such as identifying a competitive concept and determining the size and mix of rooms/facilities and necessary ancillary amenities to best compete in the market, recommending project timing and analyzing the impact of alternative development programs. • Financial analysis, which includes land and building development, projections of operating income, discounted cash flow analysis, and economic feasibility. Today, with thousands of engagements completed throughout North America and abroad, a major segment of the firm's practice is hotel consulting • services. Management contract review and operator selection, based on owner objectives, operator capacity, facility requirements and similar considerations. Advising about hotel management agreements, technical service contracts, leases and other transactions. Economic and fiscal impact dq 2 M-- 3 or 4 A RTUMn A NnFRRFN REAL ESTATE SERvirF,; C;RnTTP 1 _ P",I FsIAIT DVISORY iFRylrpg analysis to determine the costs and benefits of new hotel development. Advisory services for existing properties include: + Financial planning, including advice on the analysis, structuring Acquisition and disposition, and negotiation of debt and equity including strategies and advice on arrangements such as joint sale, lease, purchase, financing or ventures, sale/leasebacks, development terms. leaseholds, and other financing structures. Hotel operation reviews, including analysis of hotel financial • Development services, to performance (e.g., by comparing implement feasible projects, operating ratios and profit margins include: with comparable properties) and evaluation - of problem areas (e.g., — Outlining necessary occupancy, room rates, payroll, commitments and agreements administration, maintenance, among parties of interest (e.g., internal controls.) developers, operators, land owners) on a staged basis if Primary market research, including appropriate. survey research (e.g., questionnaires mailed to former guests and focus — Determining the appropriate group interviews with major financial structure for the customers) and analysis of supply project, taking into account and demand in the local lodging investment return criteria, tax market. consequences and similar considerations. Property evaluations and profit improvement studies, including — Solicitation and evaluation of detailed analysis and proposals (e.g., with respect to recommendations in such areas as experience and capacity of guest service, pricing, budgeting, proposing organizations). internal controls, staff motivation, salary administration and market — Financial packaging, as part of positioning of the hotel vs. lender packages, syndications, competition. public and private placements or public funding applications. Business strategy, based on maintaining or increasing market — Marketing services, such as share (e.g., by broadening market creating marketing plans and appeal, diversifying product, or continual monitoring of acquiring new locations). marketing initiatives. 4- 354 3 '?r e WrUTM 4XMTZRRF.N REAL ESTATE SF.RvT(`FC r,RnTTP Appraisal and portfolio valuation services are for financing, purchase, lease, sale or other business purposes. Typically, appraisal engagements address the economic value of an existing (or proposed) facility (or portfolio of properties) based on projected income and other approaches to value. The firm also renders additional services as needed, e.g., expert witness testimony, assistance in obtaining public approvals, and "troubleshooting," directed at getting programs moving that have been stalled by inertia, controversy, conflict or lack of clear direction Within the hospitality and leisure time industry, the firm's professionals have worked with the following local, regional, national and international developer -operator entities for hotels, motels, resort hotels, conference centers, etc. (either directly or through owner - operator negotiations): • Doubletree Hotels Corporation Phoenix, AZ • Hilton Hotels Corporation Beverly Hills, CA • Marriott Corporation Washington, D.C. • Radisson Hotel Corporation Minneapolis, MN Days Inn Chemical Realty Group • Trust House Forte London, England • Inter -Continental Hotels Miami, FL • Hyatt Hotels Chicago, IL • Holiday Inns Worldwide • Hyatt International London, England • Danubius Hotels Hungary • Westin Hotels & Resorts San Diego, CA • Casa de Campo La Romana, Dominican Republic • Rosewood Hotels & Resorts Santa Fe, NM • Jumby Bay Antigua Glitter Bay Barbados • . Royal Pavillion Barbados Hyatt Regecy Tampa, Florida 4- 354 A wrmyvm A *TnTrRCFN RFAT ESTATE SFRvTf FC rRnTTP MICHAEL A. STEIN Partner Mr. Stein, a partner with Arthur Andersen & Co., Real Estate Services Group, has been part of the hospitality/resort real estate industry for the past 25 years. During this time, he has been involved in the management and planning of projects on a national and international scale. Some of his areas of specialization include operation and system reviews, management contract negotiations, assistance to on -site management in projections, economic property evaluation and appraisals of existing business ventures, tourism, fiscal and economic impact analysis. In addition, he has been involved in a number of transaction -related activities, including workouts for under -performing assets. His latest activities have included the asset management of six properties in the Southeastern United States for owners and/or financial institutions. He has conducted hundreds of engagements in the United States and is recognized by his peers as a leader in the hospitality/resort real estate consulting industry. His extensive experience in Latin America and the Caribbean makes him an authority in this region. He has published numerous articles and has been invited to act as keynote speaker at many national and international conferences. Mr. Stein holds board membership in several professional associations and is also strongly involved in community organizations in the Greater Miami area Mr. Stein attended the University of Southern Mississippi receiving his Bachelor of Science degree in 1968. He continued his studies at Cornell University where he received a second degree in Hotel Administration. He attended the University of Miami (1976) and Scale University (1989) to complete work in accounting, finance, and advance management. Furthermore, his education has been enhanced by over 1000 hours of professional development courses. ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 9 Some of the key projects Mr. Stein has directed include: • Hotel Privatization Program: Mr. Stein directed a major study for the government of Jamaica. The study involved the preparation of future market and financial performance estimates as well as the economic evaluation of 12 government hotels located throughout the island. The study was prepared for National Hotels & Properties, Ltd., an agency created specifically to divest government interest in these properties. An integral component of the study was the Caribbean Market Overview which provided an evaluation of Jamaica in terms of its competitive positioning in the Caribbean. • Appraisal Services: Mr. Stein was involved in the management and coordination of the market study element of hotel and real estate appraisals of large-scale mixed -use developments as well as for companies such as Ritz -Carlton, Williams Hospitality, Hyatt Hotels, Hilton Hotel Corporation, among many others. • Cancun/Mayaluum corridor. Mexico: This project required overall jproject coordination for the definition of a conceptual program for 2,500 acres in the Cancun/Mayaluum corridor. Phase I of this program consisted of market research to define precisely the critical elements of a mega -resort development. Phase II of this engagement included a conceptual program which contained residential, multi -hotel sites, golf retail, and marina components. • Grand Bay: The Continental Companies, along with European joint venture partners, requested a project evaluation for each of the projects/markets they selected for Grand Bay Hotel development in four countries. • Cayman Island Department of Tourism: A long-term Master Plan for tourism development was created to address long-term social, economic, ecological and cultural priorities, to control and direct the extent of tourism development and insure a high quality of tourism product. For this assignment, the status and future need for tourist facilities and services (by type and size) was analyzed and recommendations as to the location of the tourist facilities and service, the infrastructure requirements of these facilities, and the availability of an adequate labor market were presented. do ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 04- 3,54 Bahia Beach Plantation, Puerto Rico: This project was envisioned to be a major golf/beach oriented resort -residential development to be contained on approximately 700 acres. Selected team members were involved in project concept review and recommendations as well as market feasibility and appraisal preparation. Key issues included golf club membership structure, type and concept for lodging products and residential product pricing and phasing. • Costa Isabela ResortPuerto Rico: This project, which included over 2,500 acres, involved the concept development as well as the market feasibility and economic impact analyses of the entire resort. Upon completion, the project is to incorporate five to six hotels, including a 650-room convention -styled hotel, two first- class chain -affiliated hotels, a 350-room upscale hotel, a 70-room "boutique" hotel, a 75-room, 150-guest capacity spa, five world - class golf courses, a major tennis center, a 150,000-square foot retail center and a variety of residential products. • Toba o Trinidad. West Indies_ A resort residential program, his project involved concept development for a 200-acre site in Tobago. The development program included an all-inclusive hotel and villa/condominium development. Key issues in this project included limited accessibility and difficult flight schedules to Tobago as well as the Alien Land Holdings Act as it related to the sale of residential units to foreign investors. As a result of the research performed, the Act was modified to allow foreign investors to acquire rights in land. • El Conquistador Resort. Fajardo, Puerto Rico: Development of the concept, market feasibility and financial viability for the redevelopment of the former 220-acre El Conquistador Resort in Fajardo, Puerto Rico were completed for this project. The developer of the proposed project wished to create a premier destination resort similar in scope to the "fantasy resorts" found in Hawaii. As a result of the research, the recommendations and, subsequently, the assessment of financial feasibility, the project is expected to contain a 750-room hotel, 300 condominium units, a 10,000-square foot casino, 16 food and beverage outlets, 85,000 square feet of meeting and banquet space, two golf courses, a 30,000-square foot spa and an extensive array of first-class recreational facilities ARMUR ANDERSEN REAL ESTATE SERVICES GROUP :A- 354 1 • Barbados Tourism Study: Preparation of a ten-year tourism development program. The study addressed the Island's existing and potential tourism product, and in doing so, more than 1000 computer -assisted consumer interviews were completed. The analysis of the information obtained from these interviews was the basis for all the marketing programs and strategies recommended. Once a development program and marketing strategy was established, the social and economic impact of this program was projected. Panama Iourism Development and __Incentives Law Project: Created a framework or basis for the planned and coherent development of Panama's tourism industry, defining in macro terms the reasons behind its creation, its mission within the content of the national strategy, and the short and medium tern objectives which need to be successfully implemented in order to create an environment which motivates the private sector to invest in this industry. Proposed mechanisms for dynamic cooperation between the private and public sector, for a more agile, flexible and less bureaucratic system of development and operation of the tourism industry in Panama. Evaluated and recommended the most logical legislative options, including laws which: (a) establish an enabling legal framework, (b) create a bridge between various sectors, and (c) relate to specific sectors. 60 ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 1-4— 354 DAVID W. HEATH Manager David Heath, a Manager with Arthur Andersen & Co's Real Estate Services Group, provides operational consulting services for the hospitality industry. Mr. Heath has an extensive hospitality management background; his consulting experience includes operational consulting and labor productivity analysis for hotels, restaurants, airports and private clubs. Among Mr. Heath's areas of specialization are the following: • Strategic planning for distressed properties; • Design and implementation of internal control systems for hospitality related businesses; • Measurement and analysis of employee productivity in the service sector, and • Implementation of human and automated solutions to internal control and labor productivity management problems. At the outset of his career, Mr. Heath worked for more than ten years in various management capacities in hotel and restaurant operations with, among other companies, Hyatt Hotels and the Ritz -Carlton Hotel Company. Prior to joining Arthur Andersen, Mr. Heath supervised the Florida hospitality operational consulting practice at Laventhol & Horwath and directed numerous operational consulting engagements in Florida and the Caribbean. Mr. Heath attended the University of Massachusetts at Amherst, receiving his Bachelor of Science (Cum Laude) in Hotel Administration with election to the Eta Sigma Delta National Honor Society in 1980. He continued his education by attending Northeastern University in Boston, completing the Master of Business Administration program in 1989. Mr. Heath currently conducts continuing education seminars on Internal Controls for Hotels and Restaurants for the American Institute of Certified Public Accountants. Mr. Heath has also guest lectured at the University of New Hampshire, the University of Massachusetts, and for the Florida Restaurant Association. 354 ARTNUR ANDERSEN REAL ESTATE SERVICES GROUP 31 Some of Mr. Heath's current and former clients include: Hotel Inter -Continental Miami. Florida: Conducted a comprehensive analysis of labor productivity in both fixed and variable service areas, resulting in the identification of annual available savings exceeding $1 million. Developed a comprehensive implementation plan to enable the property to achieve the identified savings. Additional clients for whom labor productivity engagements have been performed include: • • Sheraton Bonaventure Resort & Spa, Ft. Lauderdale, Florida; • • VISTA International Hotel, Pittsburgh, Pennsylvania; • • Mayfair House, Coconut Grove, Florida. Peninsula Hotel, Beverly Hills. _ California: On behalf of ownership, conducted a full review of operations with specific emphasis on organizational structure, labor management and internal controls. Worked with management to develop a revised organizatioal structure and formula for variable labor utilization which is estimated to save in excess of $1,000,000 annually. Boca Raton Resort & Club. Boca Raton, Florida: Project entailed time and motion analysis of selected departments to improve quality and optimize labor productivity, the development of productivity standards for all variable departments, as well as implementation of automated time and attendance and scheduling. Total project resulted in annual payroll savings exceeding $1.1 million. Developed and implemented a comprehensive productivity management tool to enable management to measure and monitor labor productivity for more than fifty service areas within the property. Casa de Camp,, La Romana, Dominican ReIpublic: This assignment consisted of a detailed operational review and market position analysis of this world -class luxury resort located on 7,000 acres in the Dominican Republic. The client received a detailed action plan for upgrading services and facilities as well as a current market assessment and plan for improving market penetration and average daily room rate for the resort. The second phase of the project consisted of the preparation of five-year strategic marketing and capital expense programs and operating budgets. The Club at Landfall. Wilmington, N.C.: Assignment consisted of a complete food and beverage and labor cost analysis for the ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP " _ J4 354 --ter, -- -- R -A • ECjy,TF ADVISORY SERVICES private club component of this residential mixed -use development. Recommendations included an organizational restructuring and the implementation of a food and beverage cost control system. These recommendations, set fdrth in a detailed action plan were subsequently implemented in their entirety. In a follow-up assignment, the operational consulting team performed an executive search for a new chief operating officer for the project. • 12gbbs Housg& Miami Intern tional Airport. Miami, Florida: Implemented an automated scheduling and productivity management system to track labor utilization for more than 35 food service outlets. Developed a custom, automated forecasting system to enable management to accurately predict daily food and beverage sales for each outlet. Forecasts were designed to facilitate the scheduling of labor to business volume. • Center Valley,. Club, -Celater Valley. PA: During this assignment, the operational consulting team designed the organizational structure, including job descriptions for top management as well as an action plan and timetable for the opening of the golf club component of this large mixed -use land development in Central Pennsylvania. In the subsequent follow-up assignment Arthur Andersen was called upon to conduct an executive search for the club's Director of Golf. • Lost Tree Club. North Palm Beach, Florida: This engagement, conducted for one of South Florida's most prestigious private clubs, entailed a review of fixed staffing within the club which resulted in the combination of positions and ensuing payroll savings. The assignment also included an organizational analysis and action plan for improving the day to day working relationship between management and the club's board of governors. • Gleneagles Country Club. Delray, Florida: Working on behalf of the club's board, this engagement entailed an extensive review of food and beverage policies and rocedures related to service and cost effectiveness. In addition, a comprehensive review of the club's organizational structure and staffing levels, policies and procedures was conducted, with recommendations made to improve communication and streamline the organization. • Food Service Facilities, CenTrust Tower, Miami, Florida: Engagement involved a complete review of internal controls, policies, procedures, wage rates and staffing of five separate food service facilities within the complex; developed and implemented a a4- 354 ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP a3> custom food and beverage cost control system. • Operational and Internal Control Reviews: Often working on behalf of ownership, Mr. Heath has supervised numerous assignments to review operational policies and procedures as they relate to financial performance, marketing activities, guest service, as well as food, beverage and cash controls. Present and former clients receiving this service include: • • Hyatt Regency Miami, Miami, Florida; • • Doral Resorts of Florida, Miami, Florida; • • Embassy Suites - St. Louis, St. Louis, Missouri; •• Hyatt Virgin Grand, St. John, U.S.V.I., and •• St. Petersburg Hilton, St. Petersburg, Florida. 3 L) ARTHUR ANDERSEN REAL. ESTATE SERVICES GROUP y9 4 - 354 54 `I 1DWA 1 / .fit . /q. MARY LYNN MARKS Staff Consultant Mary Lynn Marks recently joined Arthur Andersen & Co. Real Estate Advisory Services after gaining several years of experience in the hospitality industry. Prior to joining the Firm's Miami office, Ms. Marks lived in Boston, Massachusetts, where she worked in a number of capacities for a convention hotel. Additionally, she assisted in the opening of a luxury hotel in Boston's financial district and was manager of a premier catering company which won "Best of Boston". Within the Food & Beverage Department, Ms. Marks has held several positions which have provided her with exposure to operations and sales, and a specialization in training and managing line personnel. In addition, she has assisted in the development of departmental procedures and their implementation. In addition to her exposure to the hospitality industry, Ms. Marks worked as a research assistant with Arthur D. Little, Cambridge, Massachusetts. In this capacity she worked on local economic development projects and proposal research. Most recently with Arthur Anderson & Co., Ms Marks has been involved in hotel and theme restaurant feasibility studies. In 1993, Ms. Marks earned a Masters in Business Administration from Simmons College Graduate School of Management. While attending Simmons College, she worked in the Admissions Office assisting prospective students with the admission process as well as conducting a comparative analysis of Boston area business schools. She received her bachelor's degree in French Literature from Boston College,1984. ?4- 354 ARTHUR ANDERSEN REAL ESTATE SERVICES GROUP 3S Mimi OMce: 16410 SouthWest 77th Court Miami, Florida 33157-3765 USA Te1305-253.7418 Fax 305-251-2108 CAYUGA HOSPITALITY ADVISORS, INC. An International Network of Senior Executives Counseling the Hotel, Resort. Club, Casino X Foodservice Industries Principal Office: 1140 FAA Bay Shone Drive Vvgix" Beach, VA 23451, USA Tel 804-422-9427 Fax 804-422-W7 f4— 3v4 37 CAYUGA HOSPITALITY ADVISORS, INC. An International Association of Senior Executives Counseling the Hotel, Resort, Club & Foodservice Industries William J. Callnin, CHA Managing Director May 13, 1994 Mr. Cesar H. Odio City Manager City of Miami c/o Department of Development 300 Biscayne Boulevard Way, Ste 400-401 Miami, Florida 33131 Re: HOTEL FEASIBILITY STUDIES 2 SITES, MIAMI, FLORIDA Dear Mr. Odio: In accordance with the request of Mr. Erdal Donmez of the Department of Development, Cayuga Hospitality Advisors takes pleasure in submitting this proposal to the City of Miami to perform market feasibility studies for the two identified hotel sites in Miami, Florida. As we understand it, you are seeking an independent comprehensive study of the market and the economic potential for two hotel projects: one near the Government Center in downtown Miami and the other on 8th Street in Little Havana. Based on a short telephone call and a development specifications sheet on the two sites, we have developed this proposal which outlines the scope of services to be 1 provided, the team assembled to perform the work and estimates of the engagement timing required to complete the agreed -upon tasks. MWW Office: 16410 southwest 77th Court Miami, Florida 33157-3765 Te1305-253-7415 Fax 305-251-2108 34-- 354 IT CITY OF MIAMI -2- MAY 13, 1994 �T ❑ ORGANIZATION BACKGROUND: CAYUGA HOSPITALITY ADVISORS Cayuga Hospitality Advisors (Cayuga) is uniquely qualified to undertake an ,T assignment of this type. Cayuga is an international network of more than 200 members worldwide, each an alumnus or a member of the faculty of the School of Hotel Administration at Cornell University, with tremendous experience in all facets of the industry and unequaled industry -wide connections for quick background research on virtually any question that might come up in the assignment. F. The primary difference between Cayuga and other major consulting organizations • is the fact that we are comprised solely of senior level executives: there are no juniors to be trained on client assignments nor any need to "make work" for a firm several layers of staff. Clients receive the benefits of years of successful operations and consulting experience with each member working on an engagement. Also, Cayuga consultants counsel the hospitality industries; we do not manage hotels, sell furniture, fixtures and equipment or act as investment bankers. We provide independent advice with no motive other than the best interests of our clients. Cayuga has just completed a large consulting engagement involving a thorough operational review and market positioning of a major hotel (and other, mixed -use facilities in a) real estate complex in Miami. In this engagement we assembled a team perfectly suited to the tasks required and, equally importantly, very familiar with the Miami marketplace. ❑ PROJECT STAFFING Cayuga Hospitality Advisors utilize only highly experienced senior level executives throughout any engagement. Your assignment will not be a training ground for inexperienced staff or those without the necessary expertise to efficiently and effectively complete the engagement. Due both to location and experience, Scott W. Brush will act as project manager for the engagement and take direct responsibility for coordination of assignment and liaison between the consulting team and your office. We have identified the following four executives who will participate in the project. : 4- 354 °! f� CITY OF MIAMI -3- MAY 13, 1994 • Scott W. Brush, President, BRUSH & COMPANY. Prior to the start of BRUSH & CovrnANY (a woman -owned firm) in 1993, Mr. Brush had over twenty years in hospitality operations and consulting experience, including almost 15 years (over seven as Senior Principal) in the Miami office of Pannell Kerr Forster with responsibilities for the region covering Florida, Latin America and the Caribbean. Mr. Brush brings to the team a great deal of experience with large-scale consulting assignments and an intimate knowledge of the Miami market. His operations experience provides a depth of understanding and expertise not available to most consulting firms. Mr. Brush provided a market feasibility study for New Washington Heights Community Development Corporation in 1979 and also provided ongoing assistance in their attempt to develop a hotel near the downtown Government Center. Other local hotels for which Mr. Brush performed, supervised or participated in market studies include: Days Inn Downtown, the airport Hilton Hotel, the Airport Regency, the Radisson Mart Plaza, the Days Inn Airport and a number of hotels in the Miami Beach Art Deco District among others. • William J. Callnin, Managing Director, Cayuga Hospitality Advisors, Inc. Mr. Callnin is a founding partner of Cayuga and manages Cayugas operations. ® Mr. Callnin previously developed, owned and operated three 200-room hotels �# in the Atlantic City area as General Partner, and was General Partner in a fourth hotel and marina complex in North Carolina. He was Eastern Regional MAS Director for Laventhol & Horwath from 1969 through 1978. - While in Laventhol & Horwath he supervised the conduct of all of the firm's market feasibility studies for Marriott, ITT Sheraton and Holiday Inns, for whose accounts he held international responsibility. He has supervised many large and complex consulting assignments and brings the extra dimension of his personal experience as a hotel developer, owner and operator. • LeVon Keenan -Dayton, Vice President, Dayton -Keenan Inc. Based in Miami for 18 years, Mrs. Dayton's firm has served clients in Europe, the Middle East, the Caribbean and the United States. Major projects include: repositioning, renovating and staffing both a large resort in Spain and an apartment hotel in Washington D.C., an in-depth study of the hotel indusry of the Bahamas for the government of the Bahamas, the evaluation of various hotel properties for possible acquisition (including the purchase of a closed hotel in downtown ® A- 3554 CITY OF MIAMI -4- MAY 13, 1994 Miami for a European client followed by the complete renovation, furnishing, equipping, staffing and re -opening of the existing Marina Park Hotel. Prior to Dayton -Keenan, Mrs. Dayton was Assistant to the President of Inter - Continental Hotels for 13 years and handled operational planning for 40 new projects and supervised the opening of 24 hotels around the world. Other activities including field surveys for possible acquisitions and trouble shooting at problems properties. Mrs. Dayton, a third generation hotelier, initially worked for Pannell Kerr Forster in New York City hotels, later becoming controller and then manager of a 350-room East Side hotel. • David M. Theophilus, President, DMT Hospitality Associates, Inc. Mr. Theophilus is the Florida Regional Director for Cayuga as well as President and founder of Orlando -based DMT Hospitality Associates, Inc., a consulting firm providing professional services for hotels, resorts and the hospitality industry. Dave has 30 years (28 years in Florida) of solid and varied experience in the hospitality field. For 16 years he served as Executive Vice President and Vice President of Operations, Sales & Marketing, and Development with AIRCOA, the nation's largest hotel management company. Prior to AIRCOA, Mr. Theophilus was a Partner in the Management Advisory Services division of the Miami office of Laventhol & Horwath where he t provided management and financial consulting services to clients in the hospitality and real estate industries. He has extensive experience in both management and development of hotel and resort properties; having personally held ownership positions in over 20 hotels, he knows the business s from "both sides of the table". 0 SCOPE OF SERVICES In order to provide you with an understanding of the potential methodology we will use to complete the engagement, this section identifies a series of tasks that could be performed as integral elements of the research and analysis phase of the engagement. We will be pleased to meet with you to further define this scope of services, if necessary, and outline the costs involved. - 354 y l i CITY OF MIAMI -5- MAY 13, 1994 PHASE I: MARKET OVERVIEW AND CONCEPT f� Task 1.1 - Orientation/Review of Proposed Development Program �1 Pursuant to this task, we will meet with you and your team to review current plans for the proposed developments. We will discuss and obtain from you any information that you may have available concerning the general project concepts as well as more specific information regarding specifications of the sites, any variances which might be considered, incentives which the city might grant to developers, possible contract guest room usage by city -sponsored entities, etcetera. Task 1.2 - Preliminary Site Inspection We will visit the subject sites to gain a first-hand understanding of the access, surrounding land uses, relationship to demand generators and competitive properties for each proposed development. Task 1.3 - Preliminary Market Review In order to establish a starting point for our in-depth analysis, we will conduct a preliminary assessment of potential markets for the proposed hotels. The central theme of this task would be to analyze and evaluate certain basic market factors regarding the proposed projects to understand the inherent advantages and disadvantages of each location. Factors we will analyze and compare in this context would include: • Accessibility of the individual sites as affected by Miami's supporting land, air and sea transportation network; • Attributes of the market area in general, and the individual sites specifically, that might affect potential hotel uses; • General land use attributes of the sites that might affect hotel operations; (41 Relationship of the project sites to their demand sources and hotels in their competitive fields; 7b. 4` 354 CITY OF MIAMI -6- MAY 131 1994 • General economic and tourism trends in South Florida and Miami; • General characteristics of the competitive markets. Task 1A - Preliminary Report Based on our analysis of the information gathered during Tasks 1.1, 1.2 and 1.3, we will prepare our general recommendations relative to the conceptual use of the sites in terms of number of guest rooms, supporting public space, market orientation and a preliminary opinion of market feasibility. At the end of Phase One, we will prepare a brief letter report and meet with you to discuss our conclusions and recommendations. Assuming positive results from the work done to date, we envision directly proceeding with Phase II of the engagement. PHASE II: IN-DEPTH MARKET ANALYSIS Based on the conclusions reached during Phase One of the engagement, which should result in an initial program definition, we will complete an in-depth market study relative to each project. The work plan for this phase would include supplementing the information developed in the initial phase by performing the following tasks: Task 2.1 -- Primary Fieldwork As art of this onion of the overall engagement, we will complete the gathering P P of background information and conduct primary research in the site areas. This information would then be analyzed, leading to estimates of attainable occupancy levels and average daily room rates for the hotel facilities. We will: Perform a more comprehensive analysis of each site to evaluate access p y , visibility, location, area economic/demographic trends, surrounding aesthetics and other area developments. We will also visit and interview officials at existing market demand generators. CITY OF MIAMI -7- MAY 13, 1994 • Interview managers of competitive hotels in each market area to gauge their past and present occupancy, attained room rates and the market demand segments currently being served. i Meet with local government tourism officials, private tourism industry representatives and other demand generators to identify proposed or rumored developments as well as prospective sources of demand that might impact the future operating performance of the proposed properties. ITask 22 - Project Analyses The foregoing will serve as the basis for our analysis of the two hotels. Specifically, to complete this task we will estimate potential growth in the demand for, and the supply of, hotel accommodations in each competitive market. We will evaluate each of the principal segments of demand and describe their characteristics in this particular market. We will then estimate attainable occupancy, average room rates and probable market segmentation for the initial years of each hotel's operation, beginning in 1996 if appropriate. s y PHASE III - FINANCIAL ESTIMATES/REPORT FINALIZATION i One of the most important portions of the engagement, the estimates of operating results and economic feasibility are built upon all the information gathered to date coupled with operating results from competitive/comparable properties and based, on the consultants' knowledge and experience in the industry. No organization can bring the expertise and experience available to Cayuga to any project. ITask 3.1 - Estimated Operating Results This portion of the engagement would be concerned with the operating potential of the hotels as proposed and recommended on the specific sites. We would develop statements (one for each property) of estimated operating results for the hotel facilities and their other components (e.g., food and beverage outlets) for the initial years of operation including revenues, departmental costs and 34- 354 e CITY OF MIAMI -8- MAY 13, 1994 undistributed operating expenses. These statements will reflect estimated cash flow before debt service and taxes. Since the projected operating results would be based on estimates and assumptions which would be subject to uncertainty and variation, we would not represent them as results that would actually be achieved. if Task 3.2 - Economic Feasibility In order to determine probable economic feasibility of the hotels we will relate the Itestimated operating results to reasonable project costs and financing. This consulting area is one in which Cayuga's expertise carries a significant added benefit for the client since many Cayuga members have developed and financed hotels, not just advised other people how to do so. Thus, we bring an added dimension of reality to the process of ascertaining the economic viability of a project. As part of this assignment, we would relate the anticipated operating cash flows before debt service and taxes to: • the estimated cost of each development; • the City's actual financing plan or an assumed "market -rate" financing plan; and • probable leasehold income to the City from the operator of each hotel. This will give the City of Miami a projection of cash shortfall or surplus during the critical initial years of operation. (A property which we estimate would not "cash flow" even after stabilization would be recognized at an early point in the process; we would bring this conclusion to your attention immediately as described under Estimated Timing of the Engagement.) Task 3.3 - Report Production Upon completion of Task 3.2, we will issue draft reports of our final conclusions, recommendations and projections for each project. The finalized reports will be issued upon receipt of any comments you may have regarding the draft reports. 14- 3554 A% CITY OF MIAMI -9- MAY 13, 1994 f j ❑ LIMITATIONS OF THE STUDIES The reports will be developed and issued in a format normal) acceptable to p p y p mayor sources of financing, franchise companies and management organizations. The report may be used in presentations to these companies, but are subject to the following limitations: • Our reports and other materials submitted may not be included as part of an offering statement, prospectus or in printed material or advertising used in connection with the sale of securities or participation interests to the public without our prior written approval. • The scope of the studies and reports will not include the possible impact of existing or future zoning or environmental regulations, licensing requirements or other legal or regulatory matters unless they have been brought to our attention and are disclosed in the pertinent report. I❑ - ESTIMATED TIMING OF THE ENGAGEMENT P 1 Based on the work described in this proposal, our present scheduling, and assuming your timely acceptance, we would expect to commence this assignment within one to two weeks of receiving your authorization and our mutual agreement as to the fulll scope of services. Subsequent timing will be as follows: �— 3S4 CITY OF MIAMI -10- MAY 13, 1994 During the analyses, we will update you by telephone or in person on the progress qof the work. if, during our research, our preliminary findings lead us to believe that It would be appropriate to stop either evaluation, we will advise you immediately and meet with you to discuss the reasons. If you then decide to end either or both studies, we will invoice you only for the time expended and actual expenses incurred. rl 0 I ❑ Professional Fees and Expenses Our fee for the type of studies described herein would be based on the final agreed - upon scope of services and our standard per diem rates. Based on the information provided, we believe that the final scope of services will result in total fees and expenses less than the $50,000 cap. In accordance with standard industry policy, we require a retainer in order to schedule this engagement. An interim payment will be invoiced at the time we issue our Phase I letter reports and is payable prior to the issuance of the draft reports. The final fees and expenses will be invoiced upon delivery of the draft reports and are due prior to delivery of the final reports. In order to maintain our independence, full payment of all fees must be received prior to our issuing the final reports. This schedule is reflected in the following table: It is understood that in the event either of our final reports are submitted to third parties who require additional analyses or documentation, time and charges will be invoiced at our normal per diem rates. Further, we are not required to give testimony in court by reason of these market feasibility studies unless fee arrangements have been agreed upon prior to any such court appearance. r "-j ��� y/ CITY or MIAMI -1 1- MAY 13, 1994 ❑ ACCEPTANCE If the engagement as outlined is in keeping with the work you wish undertaken and the arrangements are satisfactory, please sign the enclosed copy of this proposal and return it as our authorization. ❑ SUMMARY We believe that the structure and extensive resources of Cayuga provide a uniquely qualified team to address'this engagement. The experience and expertise of our individual team members as well as the resources available throughout our network gives us a depth which other firms are not able to commit to a single assignment. Thank you for your time and attention. We look forward to working closely with you on this most interesting assignment. Please do not hesitate to call if we can provide any additional information or if you have any questions. Very tru APPROVED AND ACCEPTED: City Of Miami sy: Title: Date: �A- 354 19Hi' 13 ' 94 09:57HP,1 HOrWOZ H._% HCRWATH S May 14, 1994 Mr. Erdol Donmez City of Miami 300 Biscayne Boulevard Suite 400 Miami, Florida 33131 via facsimile: (305) 371-9910 near Mr. Donmez: P. G. 1? `�`HORWATH moss IT`ALITY CONSULTING, )NC. 61.10i4.. It.-od 5�.nrr 324 Altik :ll R Heir.. H. 1.1.. ; I rlef.v i.11 we are pleased to present this proposal outlining the consulting services we can provide in connection with the proposed development of two hotels on city -owned land. In submitting this proposal, we commit our professional and organizational resources to the City of Miami. We hope that you will agree. that the addition of Horwath Hospitality Consulting, Inc. will significantly enhance the in- house resources of the City of Miami and contribute to the success of the proposed projects. As you review these materials, we ask you to consider the followings Horwath Hospitality Consulting, Inc, is a member of Horwath International. Horwath International is regarded as the worldwide leader in the hospitality industry. The members of Horwath International have extensive hospitality, convention, and tourism expertise. As part of an international accounting and consulting network, we draw upon data bases, industry specialists, technical support personnel, and other resources worldwide. We offer extensive expertise, employ trained professionals, and make a firm -wide commitment to service the hospitality industry. Horwath Hospitality Consulting, Inc. provides the benefits of both a large and small firm operation. Unlike any other international accounting or consulting firm, Horwath Hospitality Consulting, Inc.'s affiliation with Horwath International and provides a network of local hospitality consulting professionals throughout the United States and worldwide, providing a source of information of history, performance, and experiences of potentially similar projects. Further, as a small firm, Horwath Hospitality Consulting, Inc. prides itself on the level of personalized and professional attention to insure timely, responsive service. Horwath Hospitality Consulting, Inc. Is Directors offer extensive industry expertise, bringing local market knowledge to every engagement. Each Director brings over 15 years of industry experience to the practice. Horwath Hospitality Consulting, Inc.'s Directors do not use y 4- 3 15 4 6v I,IH'r' 13 '94 09 C�.APi H"�F'IaIH��`.: H'�F'IJHTII Mr. ordol Donm®$ a - May 14, 1994 city of Miami junior level staff to conduct the research that forms the basis of all conclusions and future estimates. • Each Horwath Hospitality Consulting, Inc.'s practice is independently owned and operated. The office in Florida is 100 percent women -owned and has been approved by various government entities as an Minority/women Owned Business. BACKGROUND AND OEJECTI`O Based on the information provided to us, we understand that the locations of the sites under consideration for future hotel development are: • Little Havana Site at Southwest 15th Avenue and Southwest 8th Street. This site is envisioned to include the development of a maximum of 100 hotel rooms on this 0.8 acre site. • Arena ---Site at Northwest 1st Avenue and Northwest 4th Street. The facilities program for this 1.1 acre site will be based upon the results of the market research and analysis as presented in this proposal. As we currently understand this assignment, the City of Miami plans to finance and construct hotels on each of these sites and enter into management contracts with internationally -recognized hotel chain(s) for their operation. To evaluate the market and financial feasibility of these developments, you have requested the services of an independent firm specializing in market and financial analysis of hotel projects. This proposal outlines the scope of services which Horwath Hospitality Consulting, Inc. is highly qualified to perform and addresses the communication process, our qualifications, estimated timing and professional fees, and the terms of the engagement. Specifically, our study will address the following issues: • Conduct market research to determine whether there is sufficient market potential to warrant hotel development at each of the sites. • Determine and/or confirm the number of supportable rooms and other elements of the facility programs to derive a conceptual plan beat suited to capture targeted hotel demand. Such an evaluation will take into consideration the number of units to be developed, the type of facilities and amenities needed to support development, 4- 34 P. 3 %1 HAY 1 = -D-1 09: 1�:OHM HOPWATH m- irDRI, HT1 I dr. Brdol Done+ - 3 - May 14, 1994 city of Miami and the quality level considered appropriate for the identified markets. • Prepare a market study and an analysis of each of the hotels' likely occupancy, average room rates, and market mix for the first five full years of operation. • Evaluate the likely financial performance for each of the proposed hotels, preparing estimates of future cash flow from operations available for debt service, estimated cost of construction, and debt service. A detailed description of our approach i3 provided on the following pages. SCOPE or SERVICES To accomplish these objectives, the scope of services will include the following: MARKET RESHl,RCH AND ANALYSIS The field work and analysis described below will form the basis for the evaluation of prospective performance for each of the proposed hotels. Worksteps will include the following: • Meet with City officials, project planners, and any other professionals the City deems appropriate to obtain a briefing on the proposed projects. During this meeting we would like to obtain any available pertinent information about the proposed hotels such as site information, plot plans, architectural drawings, zoning restrictions, and any internal research conducted and/or studies prepared. • Visit each of the sites to evaluate their suitability for hotel development. This evaluation will address locational issues such as accessibility, view features, nearby recreational amenities, and compatibility of surrounding land uses. • Evaluate current and future accessibility to the areas from major feeder markets, visitor travel_ patterns, existing and planned transportation routes, airline schedules, etc. P. .3 " I'D • obtain general economic and socio-demographic trends for the areas to assess the climate in which each of the hotels would operate. '114- 354 �� Mr. Er,dol Doninez - e - May 14, 1994 City of mami • Interview government officials and tourism sector representatives to identify present and future sources of demand, current and planned marketing programs, and evaluate their effectiveness. • Interview the Downtown Development Authority, the Greater Miami Chamber of Commerce, and other business and other economic organizations to obtain information on patterns of development and redevelopment, anticipated business growth areas, etc. • Interview management at the Miami Arena to obtain their event schedule, historic and projected attendance levels, input regarding hotel demand generated by this facility (i.e sports teams, attendees, etc.), anticipated future hotel needs, etc. Furthermore, we will gather management's perceptions of those issues discussed in the following bullet. • Interview other selected demand generators to include area businesses, travel agents serving the market, and other travel professionals. interviews will address their perceptions regarding: •• The types of facilities and services which should be offered at each of the proposed hotel sites including the number of rooms, size and type of rooms, in -unit amenities, location and number/type of food and beverage outlets, size and configuration of the meeting and function facilities, and other support facilities and amenities. •• Room rate sensitivities. •• Propensity to use the proposed hotels. •• Discussion regarding which marketing efforts are the most successful to attract their demand. • Identify hotels expected to be competitive with each of the proposed projects and interview management. To the extent that information is available, these interviews will address: •• Location, age, affiliation, and management. •• Facility profile to include the number of rooms, size and type of rooms, in -unit �� 4-- 354 MAY 1 �a 10; c�LAl1 HuRWHTF `" 1 h10RI4ATI I -. Mr. Hrdol Donmez - S - May 14, 1994 city of Miami amenities, location and number/type of food and beverage outlets, size and configuration of the meeting and function facilities, and other support facilities and amenities. •• Historic annual and seasonal occupancy rates, average room rates, and market segmentation. •• characteristics of demand by market segment. •+ competitive strengths and weaknesses. •• Other amenities offered or special attributes. •• Facilities, amenities, or other programs which are not currently offered in the market, but for which there is evidence of market demand. •• Marketing concepts which have been implemented in the past and an evaluation of their effectiveness. • Identify other selected cities in the United States that have successfully developed hotels in "Redevelopment Zones" whereby the hotel development has served as a catalyst for future area redevelopment. Once identified, we will interview ci.ty officials to gather the following information: •• Infrastructure, incentives, and other conditions which were necessary for successful redevelopment. +� Patterns of economic development stimulated by the construction of the subject hotel. This will include a profile of the surrounding area, prior to and after hotel development. •• Their experience and lessons learned. Furthermore, we will interview management of hotels in these Redevelopment Zones and obtain information regarding: •• Facilities description. +• Market demand opportunities. •• History of performance. J -. P. C 1_ t-loy 1 ' 94 1C1: 00AI•I HOJ--'WA•L1-� £: HOF'NiWIA Mr. Erdol Donmez - 6 - city of Miaxi •• Marketing concepts. •• Facilities and services offered. •• Problems faced and solutions employed. May 14, 1994 Based on the results of market research, we will begin our analysis of potential future performance for each of the proposed hotels. Specifically, we will: • Analyze the potential for capturing existing demand and for creating new demand due to the introduction of each of the proposed hotels. • Review/recommend the facilities programs for each of the proposed hotels to include the number of rooms, size and type of rooms, in -unit amenities, location and number/type of food and beverage outlets, size and configuration of the meeting and function facilities, and other support facilities and amenities. • Recommend marketing concepts and features to be included to enhance the marketability of each of the hotels. Prepare estimates of occupancy, average room rate, and market mix of the first five full years of operation for each of the five hotels. Our evaluation of location and market support, together with the recommendations regarding rates, facilities, services, etc. will form the basis for these estimates. once we have completed our analysis and estimates of market performance for each of the hotels, we will meet with persons designated by the City to discuss our findings and conclusions to date. ANBLYBIs or irnwmAL BERFOR mmi We will evaluate the likely financial performance for each of the proposed hotels based on their estimated the costs of construction and likely cash flow after debt service. This analysis will be based on industry standards for construction costs, the performance of comparable properties, and debt structure parameters provided by the City as described below: • Based on the facilities program recommended for each of the proposed hotels, we will obtain estimates of development costs from architects/construction companies. 111 A- 354 HAY 1 _, ' gq 10 : C 1 AM HGRWAP " W)RHOTH Mr. Erdol Donates 7 - MALy 14, 1594 city of Miami We will develop a financial data base for each of the proposed hotels, based on the performance of comparable facilities drawn. fram our files and information collected during our market analysis. The comparable facilities considered in our financial analysis will be selected based upon their similarities with the proposed hotel facilities, average occupancies and rates achieved, and geographic location. We will be pleased to consider the performance of any comparable properties you may wish to provide. We will prepare estimates of future cash flow from operations after debt service for the first five full years of operation for each of the hotels. These estimates will be prepared in both constant and current (inflated) dollars. Debt service requirements will be based on the estimated construction costs and information provided by the City relative to the proposed financing structure. once the financial analysis is completed, we will provide a draft copy of these estimates to persons designated by the city and conduct a meeting to discuss our findings and conclusions to date. NARRATIVZ REPORT Upon the City's authorization to proceed, we will prepare either one report addressing both sites or two separate reports, one for each site. This/these written reports will set forth detailed data on market conditions, the rationale for our estimates of future performance, findings, conclusions, and recommendations for each of the proposed hotels. Major sections of the report(s) would include, but not necessarily be limited to: Introduction; Executive Summary; Site and Area Analyses; General Market Analysis; Competitive Supply; Demand Analysis; Facilities Analysis and Recommendations; Estimated Future Occupancy, Average Rate, and Market Mix; and Financial Analysis. We will send you a draft of the report(s) for your comments. Our objective in doing so is to assure that the final document is properly structured and comprehensive. Client comments are sought and issues of potential conflict will be resolved, within the bounds of our requirements for independence. We will arrange for a meeting to discuss your comments before we begin our final review of the report. F' . 1 E. our report(s) are intended for use by the City in evaluating the feasibility of the proposed hotel developments. Any use of the report(s) or work product must include the entire contents of such s� ti.on or excepts �4- 354 Mr. Erdol Dor m+ez - a - M&y 14, 1994 City of Miami thereof may be otherwise quoted or referred to in any offering statement, prospectus, loan agreement, or other document unless expressly approved in writing by Horwath Hospitality Consulting, Inc;. . COMMUXICATION As part of our scope of services, we anticipate a kick-off conference, whereby team members may be debriefed on the project. We anticipate interacting with you throughout the assignment; additionally, at the conclusion of our market research and analysis, we will hold a meeting to discuss our findings and conclusions to date. Furthermore, once the financial analysis is complete, we will provide you with a draft copy of the estimates of cash flow after debt service, and hold a meeting with you to discuss these estimates. Once the study is complete, we will prepare formal written document(s). This/these report(s) will outline our methodology, research, analysis, and findings. This/theses document(s) have been described as part of the scope of services section outlined in the previous pages. We will be available to attend relevant Commission meetings and make presentations as required. QUALIFICATIONS OF THE PROJECT TEAM The research and analysis will be the responsibility of Ms. Fern Kanter and Ms. Karen Peterson. Combined, these individuals have over 35 years experience in hotel management consulting and operations. As presented under separate cover, our experience in South Florida, particularly Dade County, is extensive. Further, we have worked with federal, state, and local governments and agencies on a number of occasions. Ms. Kanter has specific experience with the City of Miami, City of Miami Beach, and Dade County; Ms. Peterson has worked with the City of Coral Gables. These projects are briefly described below: City of Miami: This assignment entailed a review of developer proposals for proposed "for sale" and "for rent" residential community to be developed in overtown. Ms. Kanter was project manager for the assignment, responsible for the research and presentations to the City Commission. City of Miami Beach: This assignment required the preparation of a market and financial feasibility for a proposed convention -headquartered hotel to be located proximate to the Miami Beach Convention Center. Ms. Kanter was project manager for the assignment, responsible for the research, analysis, preparation of SO& J'4- 3 55 4 ilrt`r ] 9-1 10:04:41 HORI•1H1'14 H15 I-WrTk i 1^ Mr. Erdol Donmez - 9 - May 144 1994 city o: Miami the final report, and presentations to City officials and private sector. representatives. Dade County: This assignment called for the market and financial analysis for the development/redevelopment of convention facilities throughout Dade County. Ms. Kanter was responsible for the research, analysis, and preparation of the final report. City of Coral Gables: The objective of this assignment was to evaluate the appropriateness of leasing the Biltmore Hotel. to the current operator. As project manager, Ms. Peterson was responsible for the analysis of market support for the reopening of the property, an evaluation of alternative chain affiliations, analysis of the operating strength of the proposed hotel operator, an evaluation of likely financial performance to determine whether there would be support for lease payments to the City, and the presentation to the City commission. In addition, to conduct the research in other metropolitan cities that have experienced hotel development in "Redevelopment Zones", we will utilize Directors from other Horwath Hospitality consulting, Inc. offices in the United States. As all Directors have a minimum of fifteen years experience in the hospitality industry, and have extensive experience in their geographic regions, their participation will be determined based on the locations of similar redevelopment projects. Currently, we maintain hospitality consulting offices in Atlanta, Georgia; Philadelphia, Pennsylvania; Charlotte, North Carolina; Denver, Colorado; Houston and Dallas, Texas; Kansas City, Missouri; and San Francisco, California. ESTIMATED TIMIKO AND PROYESSIONAL FEES We will begin work on this assignment within two weeks of your authorization to proceed. Our professional fees are based on our current hourly rates. Rates for our Directors, who will perform the assignment, are $100 per hour. In addition, we would be reimbursed for any out-of-pocket expenses incurred. Out-of-pocket expenses include expenses incurred while traveling to and from the sites -as well as the competitive/comparable supply, long distance telephone calls, federal express charges, supplies/research material purchased, and xerox copies. we agree that our professional fees, inclusive of out-of-pocket expenses, will not exceed $50,000. Assuming authorization to proceed by May 31, we intend to begin this assignment in June, 1994 and will complete the field work, ��_�-�`' ���'••^;= f„+-„ram aaf-irA -ps. rind reports) within fight to 4 mr. Erdol DanM*Z city of Miami - 10 - May 14, 1994 ten weeks subsequent to commencement of this assignment. The final work product(s) will be delivered to you by August 31, 1994. our preliminary work plan and budget includes an allowance for the elements and conditions we expect to encounter in the course of our engagement. In the event that we encounter situations which would indicate a need for revision or modification in the estimated timing and/or fee, we will discuss with you the likely► effect of the required modification. In accordance with firm policy, we require a retainer of $15,000 as authorization to begin. we will bill you monthly for professional fees and out-of-pocket expenses incurred to date, crediting one- third of the retainer or $5,000 to each month's invoice. Our final invoice will be submitted with the draft report. If payment is not received within fourteen (14) days of the invoice date, Horwath Hospitality Consulting, Inc. reserves the right to suspend work until payment is made and to apply a service charge of 1.5 percent per month or fraction thereof to the total unpaid sum. upon receiving payment of our final invoice, we will print and issue five copies of our final report. TERKS AND CONDITIONS Horwath Hospitality Consulting, Inc. reserves the right to modify the extent and scope of the services outlined, based on the availability of outside source information and the findings of any such source information. Our report(s) will be dated to coincide with the last date of field work. we have no obligation to update our findings and conclusions for changes in market conditions which occur subsequent to our field work. Any such changes in market conditions will affect the validity of our estimates. Since changes in market conditions are likely to occur, it is expressly understood that Horwath Hospitality Consulting, Inc. will have no obligation to revise the report(s) or the analysis of prospective conditions subsequent to the submission of our findings. Site evaluation for the suitability for development shall be limited to marketing and financial feasibility analysis, and Horwath Hospitality Consulting, Inc. disclaims any and all opinions or advice regarding the legal ability to obtain development approvals for the contemplated development. our study and report(s) are based on assumptions and estimates which are subject to uncertainty and variation. These estimates are often based on data obtained in interviews with third parties, and such data are not always completely reliable. All information 150 -34- 354 VIM 1 194 10' 0-bAH 1-41.)PI-h-iTH H! �RI-IATH P. Mr. Lrdol Doamez - 11 - May 14, 1994 city of Miami provided by others will be accepted without audit or verification and will be assumed to be correct. In addition, we make assumptions as to the future behavior of consumers and the general economy which are highly uncertain. Therefore, while our estimates will. be conscientiously prepared on the basis of our experience and the data available to us, we make no warranty of any kind that the estimates will, in fact, be achieved. some assumptions inevitably will not materialize and unanticipated events and circumstances may occur; therefore, actual results achieved will vary from those described in our report(s), and the variations may be material. Further., we will. neither evaluate management's effectiveness nor be responsible for future marketing efforts and other management actions upon which actual results will depend. We will not ascertain the legal and regulatory requirements applicable to these projects. You agree and affirm that Horwath Hospitality Consulting, Inc. will assume that there is full compliance with all applicable local environmental laws and regulations as of the date of the report(s). All legal analysis of the subject projects and the ramifications of obtaining the appropriate legal approvals, permits, authorizations, vested rights, or other property conditions are expressly disclaimed from the contemplated report(s)I and Horwath Hospitality Consulting, Inc. shall not be responsible for the impact of any such legal ramifications upon the reports) issued herein. In the event there are any legal conditions which may affect the outcome of the report(s) contemplated herein, Horwath Hospitality Consulting, Inc. shall use it's best efforts to project the ramifications to the projects, but shall not be responsible for the extent, scope, ramifications, or interpretation of any legal conditions. You further agree and affirm that Horwath Hospitality Consulting, Inc. will not determine the legal and regulatory requirements applicable to these projects, including zoning, other local legislation, including rulings on environmental or ecological matters. You represent that you know of no hidden conditions affecting the subject properties, including its subsoil or structure, such as asbestos, radon, toxic or chemical waster, flooding, or any other conditions which would render the property more or less marketable or valuable. Horwath Hospitality consulting, Inc. shall only be responsible for their actual knowledge and shall not be responsible for implied knowledge of any type, sort, or thing relative to these projects. Our study and report(s) are for use within your agency and for presentation to potential franchisors and/or management companies and to support financing. If the report(s) are used in a public offering, we have the right to review the offering documents. Written authorization from Horwath Hospitality Consulting, Inc. is -IJ 94- 354 PIRY 13 ' 94 10: OSAM HCi-WATH HGRNATH Mr. Erdol Dontnsz city of Miami - 12 - May 1.4, 1994 necessary prior to the use of our report(s) in any public offering. Any use of the report(s) or work product must include the entire content of such reports in the form delivered to you. No portion or excerpts thereof may be otherwise quoted or referred to in any offering statement, prospectus, loan agreement, or other document unless expressly approved in writing by Horwath Hospitality Consulting, Inc.. AUTHOR12ATION We thank you for the opportunity to present this proposal. We can assure you of highly professional, timely service, and look forward to working with you. We will be pleased to provide any further information you may require and welcome the opportunity to meet with you to discuss our approach to the assignment. Please feel free to call us with any questions concerning this submittal. if the terms and conditipns are acceptable as stated, please sign a copy of this proposal letter and return it along with the retainer Check. Horwath Hospitality consulting, Inc. Fern I. Kanter Director ACCEPTED BY: Name: Title: Date: c:\wol\proposaL\hotet\tityofmiemi\dorvmz `7 +KreAn N. Peterson Director 60 �4- 354 P<*F CONSULTING 1221 13rickell Avenue Eleventh Floor Miami FL 33131 Telephone (305) 381-8522 Teletax (305) 381.8833 May 13, 1994 Mr. Erdal Donniez Financial Coordinator City of Miami Department of Development & Housing Conservation 300 Biscayne Boulevard Way, Suite 400-401 Miami, Florida 33131 Re: Consulting Services, Proposed Hotels in Miami, Florida Dear Mr. Donmez: In accordance with your request, PKF Consulting is pleased to present this proposal for professional services to assess the market demand and prepare a prospective financial analysis for two proposed hotels to be located at: (1) NW Corner of SW 15th Avenue and SW 8th Street, City of Miami; (2) NW corner of NW 1st Avenue and NW 4th Street, City of Miami. As part of the engagement we would provide specific recommendations with respect to hotel size, orientation, amenities to be offered and affiliation. PKF - Miami is particularly well qualified to assist you with this engagement due, in part, to our wide ranging experience with hotels and resorts throughout Florida, the Caribbean, and Latin America. Through our monthly Trends in the Hotel Industry publication the Miami office of PKF Consulting tracks occupancy and average daily rooms rates on over 350 hotels statewide. In addition, we have performed over 300 hospitality related engagements in Florida in the past few years. This experience allows us to use our Firm's recognized expertise in the , hospitality industry and our unequaled data base to add perspective to the analysis and results in a well -reasoned formal report. °4- 354 &1 Mr. Erdal Donmez -2- May 13, 1994 As consultants, we will assist you by presenting an independent, third -party opinion of the future market support for each property, providing general planning suggestions within the scope of the current project concept, identifying potential markets to be served and preparing estimates of future occupancy levels and attainable average room rates for each hotel's initial years of operation. Based on this, and actual operating results of comparable properties, we will prepare a statement of potential cash flow from operations available for debt service (and or lease payments) and present the information in a formal report. This proposal outlines the services we propose to perform, the anticipated timetable for the study, the terms and conditions that will govern this engagement and the professional fees and expenses expected to be incurred. ENGAGEMENT SCOPE AND METHODOLOGY Our study will take advantage of the large data base on the hospitality industry that we have accumulated over the years; in this instance focusing on information related to the hotels in Dade County and Florida. We would approach the engagement in two primary phases, as outlined in the following paragraphs. Phase I - Market Analysis Initially we would expect to meet with you and your representatives to detail your current plans and to review any additional information you may have compiled on the subject venture. In addition, we will assemble and utilize the information garnered during our previous work in the market area. As part of this portion of the overall engagement, we intend to conduct fieldwork and analysis leading to estimates of attainable occupancy levels and average room rates for the proposed hotels. These estimates form the basis of the financial statements developed in Phase II. We would: 6Z 24-- 354 Mr. Erdal Donmez -3- May 13, 1994 • Visit each site to evaluate the surrounding aesthetics and other area developments. • Interview managers of comparable/competitive hotels in the market area to gauge their past and present occupancy, attained room rates and their mix of demand segments being served, with specific emphasis placed on identifying growth in the international demand segment, as well as, the local segment. • Meet with local government officials in tourism, development, transportation, etc., and others to identify present and future sources of lodging demand and proposed or rumored new facilities that might impact the estimated future operating performance of the subject hotels. • Estimate attainable occupancy, average room rates and market segmentation for the initial ten years after opening. Interim Letter Report To provide you with an indication of our preliminary findings regarding the market potential for your project, we will prepare a brief interim letter report (six to ten pages in length) outlining our initial conclusions and opinions concerning each hotel, including estimates of stabilized occupancy levels and attainable average room rates. Phase H - Report Finalization At the conclusion of Phase I, if the initial results are positive and after your authorization, we will continue working towards finalization of the report, including recommendations for development of the project and estimates of potential operating results. This portion of the assignment will include: • Food and Beverage Evaluation. During our fieldwork we include questions regarding food and beverage preferences. On the basis of this we prepare estimates of potential food and beverage patronage for a stabilized occupancy level. • Facilities Recommendations. In our review of plans you may have for the project, we will provide recommendations, as appropriate, that could be considered to potentially enhance the future market position of each hotel 24- 35 63 W Mr. Erdal Donmez -4- May 13, 1994 with respect to the demand segments to be served. • Potential Operating Results. We then prepare statements of potential cash flow (in inflated U.S. dollars) that may be derived from operations as proposed and recommended. The statements will result in an amount available for debt service for the initial ten years of operation. • Narrative Report. At the conclusion of this process, we will issue a narrative report, containing the results of our analyses. This report will present the data (except that obtained confidentially), analyses and reasoning which supports our conclusions. REPORT PRESENTATION AND ENGAGEMENT CONDITIONS The report will be developed and issued, in a format normally acceptable to major sources of financing, franchise companies and management organizations. The report may be used in presentations to these companies, but is subject to the following limitations: We are not obligated to update the findings regarding changes in general market conditions, subject property size or the property's market orientation which occur subsequent to the completion of our fieldwork. • Our report, and the material submitted, may not be included as part of an offering statement, prospectus or in printed material or advertising used in connection with the sale of securities or participation interests to the public. Permission to use our report could be granted only upon meeting certain stringent conditions which may include additional investigation, analyses, report revisions and professional fees. • The scope of the study and report will not include the possible impact of existing or future zoning or environmental regulations, licensing requirements or other legal or regulatory matters unless they have been brought to our attention and are disclosed in the report. The report will be based on estimates, assumptions and other data developed from our knowledge of the industry and information provided by others. The sources of the information and the bases of our findings will be stated within the report. All information provided by others will be accepted without audit or verification and will be assumed to be correct. 3154 Mr. Erdal Donmez -5- May 13, 1994 • Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved will vary from the analyses, and the variations may be material. Further, we will neither evaluate management's effectiveness nor be responsible for future marketing efforts and other management actions upon which actual results will depend. Drafts or preliminary information communicated to you during the course of the engagement are for your internal management use only and may not be disclosed to outside parties without our prior consent. We cannot be held liable in any cause of action resulting in litigation for any dollar amount which exceeds the total fees collected from this individual engagement. Any legal expenses incurred in defending or representing ourselves concerning this assignment will be the responsibility of the client. • This market study will not constitute a complete feasibility study, which would require analysis of the relationship of the potential earnings to the investment required, the application of a financial plan, and complete cash flow projections. Such a study can be provided as a supplement under a separate proposal, if you so desire, at a later date when the data required is available. ESIM"TED MING OF THE ENGAGEMFM Based on the work described in this proposal, our present scheduling, and assuming your timely acceptance, we would expect to commence this assignment within two weeks of receiving your authorization. Approximately two weeks after the completion of our fieldwork, we would issue our interim letter report. Upon your authorization, we would require two to three weeks for the preparation of the draft report. Once we receive your comments on the draft report and your authorization, we will require one additional week to issue the final document. During the analyses, we will update you by telephone on the progress of the work. If, during our research, our preliminary findings lead us to believe that it would be appropriate to stop this evaluation, we will advise you immediately and meet with you to discuss the reasons. If you then decide to end the study, we will invoice you only for the time expended and actual expenses incurred. :4- 354 6S Mr. Erdal Donmez -6- May 13, 1994 PROFESSIONAL FEES AND EXPENSES Our professional fee, net of any local taxes, for the type of study described herein is as follows: Phase I U.S. $10,000 Phase H U.S. $20,000 Total U.S. $30,000 In addition, we would be reimbursed for expenses incurred in the course of the engagement including: telephone, facsimile and postage or courier service costs, purchase of statistical data if applicable, report production, copying charges (including laser color copying when appropriate), computer usage and printing of the final report copies. In accordance with Firm policy, we require a retainer of U.S. $10,000 in order to begin this engagement. A progress payment for the expenses incurred to -date will be invoiced at the time we issue the interim letter and due upon receipt. If you decide to proceed with Phase H we would require a second progress payment of $10,000 prior to commencing. Final expenses will be invoiced at the time we issue the draft report. Full payment of all fees and remaining expenses must be received prior to our issuing the final report. If you defer our issuance of the draft more than 45 days after the interim letter or the final report more than 30 days beyond the delivery of the draft, we may be required to update our findings at an additional fee. It is to be understood that in the event the report is submitted to a third party who requires C additional analysis or documentation, time and charges will be invoiced at our normal per diem I rates. Further, we are not required to give testimony or attendance in court by reason of this market study unless arrangements have been made previously. �J OJ4- 354 Mr. Erdal Donmez -7- May 13, 1994 PROPOSAL ACCEPTANCE To indicate your acceptance of these arrangements, please sign the enclosed copy of this proposal and send it to us with the requested retainer as our authorization to schedule the assignment. We would appreciate specific written instructions from you indicating who is authorized to receive copies of our reports or verbal updates of engagement status. We appreciate the opportunity to present this proposal. Please contact us if there are any questions or you would like clarification of any of the points in this letter. Sincerely, PKF Consulting AwiL By: --Patrick A. D'Sa Vice President DJP:PAD:mn A:propouIdisW/eaumez Sincerely, PKF Consulting By: Dejak J. Pinto Senior Vice President APPROVED AND ACCEPTED: Signature: Name: Title: Firm: Date: -9 4 - 313 4 8' 6