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HomeMy WebLinkAboutR-92-0649J-92-668 10/8/92 RESOLUTION NO. 9 2" 649 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT CONSISTING OF THE REDEVELOPMENT OF THE OLYMPIA BUILDING FOR RESIDENTIAL AND ANCILLARY RETAIL, RESTAURANT, AND CULTURAL USE ON CITY -OWNED PROPERTY LOCATED AT 174 E. FLAGLER STREET, MIAMI, FLORIDA; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION 29- A(c) AND CITY OF MIAMI CODE SECTION 18-52.9. WHEREAS, the City of Miami Charter Section 29-A(c) and City of Miami Code Section 18-52.9 provides for utilization of "Unified Development Projects" ("UDP") where an interest in real property is owned or is to be acquired by the City and is to be used for development of "integrated" improvement packages; and WHEREAS, on September 24, 1992, pursuant to Resolution No. 92-566, the City of Miami Commission determined that the redevelopment of approximately 40,000 sq. feet of City - owned property located at 174 E. Flagler Street, Miami, Florida, comprised of a ten (10) story office building contiguous to Gusman Center for the Performing Arts at 174 E. Flagler Street, Miami, Florida, would best be accomplished using the UDP process for residential and ancillary retail, restaurant, and cultural use; and ATTACHMENT (S) CONTAINED CITY COMMISSION MEETING OF OCT 0 8 1MZ 8esoludon No. 92- 649 WHEREAS, pursuant to the aforementioned Resolution, it was determined that for the unified development of a redeveloped residential facility, with ancillary retail, restaurant, and cultural use, the City procure from the private sector an integrated package that includes planning, design, construction, leasing and management; and WHEREAS, Resolution No. 92-566, further authorized the Miami Parking System and City Manager to prepare a Unified Development Request for Proposals and scheduled a public hearing for October 8, 1992, at 4:00 P.M., to consider the contents of the Request for Proposals ("RFP"); and WHEREAS, Charter Section 29-A(c) authorizes, at the conclusion of the public hearing if the City of Miami Commission is disposed to proceed, the issuance of a RFP, the selection of a certified public accounting firm, and the appointment of members to a review committee from persons recommended by the City Manager; and WHEREAS, the City Commission has reviewed the attached proposed Request For Proposals; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to issue a Request for Proposals, in substantially the attached form, for -2- 92- 649 the unified redevelopment of approximately 40,000 sq. feet of City -owned property located at 174 E. Pl.agl.e:r Street, Miami, Florida, comprised of the ten (10) story Olympia Office Building contiguous to Gusman Center for the Performing Arts at 174 E. Flagler. Street, Miami, Florida, in accordance with the Unified Development Project procedures set forth in Section 29-A(c) of the City Charter and Section 18-52.9 of the City Code. Section 3. Said Unified Development Project shall include the following integrated package: Planning and design, construction, leasing and management. Section 4. The Certified Public Accounting firm of KPMG Peat Marwick in association with the minority- owned firm of Sharpton Brunson & Co. is hereby selected to analyze proposals submitted pursuant to said RFP and render a written report of its findings to the City Manager. Section 5. The following individuals are hereby appointed members of the review committee to also evaluate said proposal(s) and render a written evaluation of its findings to the City Manager, including any minority opinions: MEMBERS OF THE PUBLIC = {� Raul Tercilla, Downtown Business Association !I Dr. Kathie Sigler, Miami -Dade Community College Terry V. Percy, Esquire Michael Maxwell, Michael Maxwell Associates Nathan R. Rok, ROK Enterprises I �i 64 -3- 92649 CITY EMPLOYEES Sarah Eaton, Preservation Officer# Planning Building and Zoning Department Eduardo Rodriguez, Capital Improvements Manager, Finance Department Jack Luft, Development Coordinator, Development Housing Conservation Department Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of g�dtgbe , 1 92. ATi%�- MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: L/ � /t 56 Z// ,JO L E . MAXWELL C IEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A / QUX4N CITY ATT JEM/mis/ %M3179 XAVIE -4- 92- 649 0 '14 ° ° REQtMST Polk UNIFIED DRVBLOPMM PROPOSALS FOR THE OLYMPIA BUILDING 174 EAST FLAGLER STREET MIAMI, FLORIDA CITY OF MIAMI Xavier L. Suarez, Mayor Dr. Miriam Alonso, Vice Mayor Miller J. Dawkins, Commissioner Victor H. DeYurre, Commissioner J.L. Plummer, Commissioner Cesar H. Odio, City Manager A. Quinn Jones III, City Attorney MIAMI PARKING SYSTEM Wifredo Gort, Chairman Michael Kosnitzky, Esq., Vice -Chairman Arthur H. Hertz Eduardo J. Padron, Ph.D. Olivia B. Peart, Esq., Gusman Liaison Clark Cook, Executive Director t (f } Proposals Due: 2:00 p.m. i i F7 ti Prepared by: Miami Parking System 190 N.E. Third Street Miami, Florida 33132 Tel. (305) 373-6789 TABLE OF CONTENTS Page I. PUBLIC NOTICE ..................................... 1 II. OVERVIEW A. Project Summary ........................... 2 B. Project Location .......................... 3 Fig. 1 Regional Location Map Fig. 2 Area Location Map Fig. 3 Project Location Map Fig. 4 Property Sketch C. Olympia Building History ................. 3 D. Project Development Potential ............ 3 E. Tax Incentives ........................... 4 F. Site Description ......................... 5 G. Unified Development Process .............. 8 H. Unified Development Project Schedule ..... 9 III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS.......... 10 A. Unified Development Projects .............. 10 B. Commitment of Funds ....................... 10 C. Commitment of Property .................... 10 D. Commitment of Services .................... 11 E. Execution of Contracts .................... 11 F. Right of Termination ...................... 11 G. Definition of Uses ........................ 11 IV. PROPOSAL DEVELOPMENT CONSIDERATIONS ................ 11 A. Development Objective ..................... 12 B. Lease Term ................................ 12 C. Annual Lease Payment ...................... 12 D. Use ....................................... 12 E. Adjacent Property Considerations.......... 13 F. Site Improvements ......................... 13 G. Parking ................................... 14 H. Permitting ................................ 14 I. Architectural Treatment of Improvements... 14 J. Estimated Construction Costs .............. 15 K. Project Financing Strategy ................ 15 ` L. Development Schedule .......................15 M. Method of Operation ....................... 15 N. Minority Participation .................... 16 0. Contract Terms ............................ 16 P. Taxable Status ........................... 16 V. PROPOSAL SUBMISSION REQUIREMENTS ................... 16 A. Composition and Credentials of the DevelopmentTeam ........................ 17 B. Project Financial Components .............. 18 C. Project Design Proposal ................... 18 ► D. Additional Requirements ................... 19 92-- 649 Page VI. EVALUATION CRITERIA .............................. 19 A. Review Committee Criteria ................ 20 B. CPA Firm Evaluation Criteria ............. 22 VII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASEAGREEMENT ................................. 23 A. Authorization ............................. 23 B. Terms and Conditions ...................... 23 VIII. PROPOSAL FORMAT/CONTENT AND SUBMISSION PROCEDURES ...................................... 28 f 1: - i wj ATTACHMENTS A. City Charter & Code for Unified Development Projects g. Facade Description C► Amended City Historic preservation and Conservation Ordinance No. 10875, dated April 25, 1991 D. Olympia Building Floorplans 1 E. Current Rent Roll 6 F. Appraisal for Insurable Value, March 1, 1991 G. Engineering Inspections and Evaluations H. Recertification Report, November 12, 1990 _-.1 I. City Minority Participation Ordinance No. 10538 . n APPENDIX{ Downtown Master Plan Tax Incentives for Historic Preservation Secretary of the Interior's Standards for Rehabilitation Submission Forms Form to obtain Architectural Drawings r z i�i i a I. PUtLIC NOTICE The City of Miami and Miami Parking System are seeking Unified Development Project Proposals for the planning and design, construction, leasing and management of the 10-story Olympia Building, 174 E. Flagler Street, Miami, Florida. Proposals are sought for adaptive reuse of the City -owned historic structure for residential and ancillary retail, restaurant, and cultural use. The building interfaces with the Gusman Center for the Performing Arts (formerly the Olympia Theater) and presently incorporates ground floor retail shops, commercial offices, an artists' colony, and administrative offices for Gusman Center. All proposals shall be submitted in accordance with the Request for Proposals documents (RFP) which may be obtained from the Miami Parking System, 190 N.E. Third Street, Miami, Florida 33132, (305) 373-6789. These documents contain detailed and specific information regarding the Olympia Building, the uses the City and Miami Parking System are seeking, the submission requirements and selection procedures pertinent to this Unified Development Project. The City and Miami Parking System will conduct a Proposal Pre -Submission Conference on Monday, November 16, 1992, 10:00 a.m. at the Miami Parking System offices. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are encouraged to attend. Proposals must be delivered to the offices of Miami Parking System, 190 NE Third Street, Miami, Florida 33132, by 2:00 p.m. on Friday, January 22, 1993, and will be publicly opened on that day. No proposals shall be accepted after the date and time specified or at any other location. The City of Miami and Miami Parking System reserve the right to accept any responsive proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re -advertise for new proposals. Any proposal deemed by the City Manager to be non -responsive or to not meet the minimum requirements of this Request for Proposals shall be rejected by the City and Miami Parking System prior to the Unified Development Project evaluation process. In making such determination, the City and Miami Parking System's consideration shall include, but not be limited to, the proposer's experience, capability of the development team, the dollar amount return offered to the City, the proposer's financial qualification, the overall project design, the extent of minority participation, accommodation or other consideration for Gusman Center administrative offices and vertical arts colony tenants, and the evaluation by the City and Miami Parking System of all information submitted in support or explanation of the proposed development of the property. Adv. No. Cesar H. Odio City Manager 92- 649 1 II. OVERVIEW A. Project Summary The City of Miami, owner, and Miami Parking System, manager, of the Olympia Building at 174 E. Flagler Street are seeking a qualified and ' experienced team of professionals to plan, design, construct, manage and lease approximately 50,600 square feet of gross floor area, for residential and ancillary retail, restaurant, and cultural use. As shown in Figure 1. "Regional Location Map" and Figure 2. "Area Location Map," the Olympia Building occupies the southwest corner at the intersection of E. Flagler and NE 2nd Avenue in downtown Miami, Dade County. On July 29, 1992, the Off -Street Parking Board passed Resolution No. 92- 859 recommending to the City Manager that the most advantageous method to develop certain improvements to the Olympia Building is by the Unified Development Project (UDP) process that seeks to procure an integrated package from the private sector including planning, design, construction, leasing and management of this property. On September 24, 1992, the City Commission passed Resolution No. 92-566 which declared the Olympia Project a UDP and scheduled a Public Hearing for October 8, 1992 to take testimony regarding issuance of this RFP. + At the conclusion of the Public Hearing on October 8, 1992, the City Commission adopted Resolution No.92-649 which authorizing the issuance of this Request for Proposals, appointed an eight (8) member Review Committee and selected a certified public accounting firm to evaluate proposal submissions and report findings to the City Manager as required by the City Charter and Code for Unified Development Projects. Pertinent legislation is included in Attachment A. This RFP seeks a creative redevelopment plan that will succeed as a residential project while generating income to support Gusman Center's operating deficit. The property is to be redeveloped, leased, operated, managed, and maintained, at'no cost to the City or Miami Parking System, by the successful proposer under a property lease agreement with Miami j Parking System and the City of Miami. Proposals received by Miami Parking System on January 22, 1993, the submission deadline, shall be reviewed for compliance with requirements i� of this Request for Proposals. Proposal submissions determined responsive by the City shall be evaluated based on procedures and criteria specified in Section VI..(A,B). The successful proposer shall be selected based on a the recommendations of the City Manager in accordance with the herein fjestablished procedures. The successful proposer shall be eligible to enter into an agreement with the City, and the Miami Parking System, for the Unified Development of the Olympia Building. projects City of Miami Charter Section 29-B makes an exception for pro j r} including City -assisted affordable housing. If the project is designed ± as an affordable housing project, the three (3)-bid rule will not apply. s 3t 2 92- 649 .1 B. Project Location The Olympia Building, shown in Figure 3. "Project Location Map," is located in the heart of the Central Business District (CBD) in a prime retail area on one of Miami's busiest daytime street corners (Figure 4). It is situated on the southwest corner of East Flagler Street and SE 2nd Avenue and fronts directly on the sidewalk. The existing building is a rectangular 10-story office structure adjacent to Gusman Center, a 1711-seat performing arts center formerly known as the Olympia Theater. The Olympia Building and Gusman Center for the Performing Arts "Property Sketch". are architecturally linked, as shown in Figure 4. Gusman Center is contained in a wing which extends to the south of the Office Building. C. Olympia Building History The Olympia Building and Theater was built by Paramount in 1926 as a ' mixed -use project on the site of the Hippodrome amphitheater. In its earlier history, the complex was highly successful as a movie palace, vaudeville house, and office building. Flagler Street was a bustling entertainment district. When the property fell on hard times and was "I nearly demolished in the early 19701s, local philanthropist Maurice Gusman purchased and renovated the property, eventually deeding it to the City of Miami in 1975. It was envisioned that rents from the building would subsidize theater operations. That formula worked relatively well until 1989, when the departure of several tenants, deferred maintenance, and the ailing downtown office market made it very difficult to restore f occupancy. rD. Project Objective and Development Potential The Olympia Building's unique historic and architectural qualities (for discussion of the Building's architectural detail, see Attachment B), prime retail location, and a ready market for affordable housing, combine to make this an attractive project. The building is: o Located next to an historic theater which attracts over 180,000 visitors and residents annually. o Situated in a prime retail area, where retail rents are typically $75 - $100/ft. Olympia rents are currently well below that level. (See Attachment E) o Located in a revitalizing historic and commercial district. o Directly opposite the Olympia Building on Flagler Street is the Alfred I. DuPont Building, an historic structure which originally housed Florida National Bank and Trust and is now being redeveloped as office space. The t historic Ingraham Building, directly across 2nd Avenue, 9 2 -- 649 3 Figure 1 Regional Location Map C tec~ 1oods"6 V WWA"Af N4.41cm jT ftepo" mm� }. _ s , —I&Sso Coodd sq" • "sit MY•N it I* to "C"61"AD ANO iffy w9sy 92- 649 A Figure 2 Area Location Map NIA` I M-IoQ? ;a•, !ley (PARK WEST BUSINESS DISTRICT BRICKELL AREA DOWNTOWN STUDY AREA 4 92- 649 i 7 (4 Figure 3 Project Location Map -'!1 i 1' , _ ;� "ur�f�� Nam! r.. r• 'r" ` 1� { r.� •i.. � ram.. i .t < Jam. 1 •'" O `CU AT � i o`td f' 3' N � �.. o t �. LZ•r 1♦ra•VolI �• � 1 hL6 .•� ° IDJ, I r4 ;--�L ..r A v % e' r r r; _ J ••�` JIC OizOtin r. • `Ir Li 6. •� z i :, : yL ••. Nso Q `J dam.• i O, Y QJO r '< <... ���i. �.'. �_• 7 0 ��� � �� .r.�' ter.. r'-'� +.7 I i.•nw•- � r � !•� �Q/r:t_ ' r t•�•'��r'- ' �,,� t'� �7•�T1'. !�• 3Ab:;::.•oM •'3'N \� 3AV 'L• Z _ W �� C 41 l� Q'p _,mar - -ice � .••� J �.r..� Q-- � � -J-)- 1 � :C ---+.•.. �•---�' ,• �d it / YW i0 st p a at i 0 N j1 —J U-� • <IS Nj t • �� H ; w ,M la ••'a N3 O¢ 1 �' r ' S Q• '� ~ tt �► CA ' 1flC Y In 1 rr I fl � fl 7 ��ytwi%1 N I �.�..� 1• n i a _ *14 L• CCU (' u it r _ _ •• •• _ m wv 3w woa+S. O!{:-T•Oiii: oaf 4• i Q - w QVC• Y Q flr7sil• �7ur _ O_ei 1• I �1 Iwtlw�/0�lugs I w�1 Ii V. _, Jr. ..J� • jr .. .L •� I 1` W a i + `�S•l IP— ftQ 0 i► w R .i...:. L: w ::.� w � A :: rn _ .. • L i '3nw ems! '3 'N '3A�d' 2 :rQ „s 3t,• r 1W t • j[ r . Y .... �. �,. /L O✓ f.' J'V i JjN r I { zi -� ar S y� C70•tC t:.1r9>t�ti, All. Pi I E • = y C « ` 1 3� 1 40 -- --�•1--- - C «:J- • ,� • I n p�� t osier - - - - - - --- - �,•. was recently restored and renovated as an office building. To the southwest, the old Urmey Hotel is now an active retail arcade. Two blocks to the west is Miami's bustling Bayside Marketplace. o An opportunity to further the Downtown Master Plan's (Appendix A) goal of establishing affordable housing within downtown and of linking two hi -density neighborhoods, Southeast Overtown/Park West and Central Brickell. As such, the project may be eligible for City assistance through one of its affordable housing programs. o Conveniently located near the Miami -Dade Community College Wolfson Campus and the New World School of the Arts. These students, single -income, and single -parent, populations may constitute a ready market for affordable housing. The redevelopment of this space requires an experienced team of professionals with a proven record in all aspects of residential redevelopment, management and leasing. The successful project design will integrate principal residential use and ancillary retail, restaurant, and cultural uses that complement Gusman Center operations and promote the development of a 24-hour community. For the term of the lease, the Managing Director of Gusman Center and the Executive Director of Miami Parking System will have veto rights over the use and character of all ground floor tenancy. Proposers must have demonstrated experience and (� success in historic restoration and adaptive reuse of historic properties. Concepts should incorporate a plan for relocating or accommodating Gusman administrative offices and the artists' colony, if economically feasible. E. Tax Incentives n, 11 �71 ,7 The Olympia Theater and Office Building was listed in the National Register of Historic Places on March 8, 1984 and was designated by the City of Miami as an historic site on June ' 15, 1983. The official recognition of outstanding historic and architectural significance provided by National Register listing may make tax incentives available for the successful proposer. (See Appendix B). All proposers should be aware of existing and pending federal legislation regarding said tax incentives. However, the evaluation of the proposal will be without consideration of whether or not the proposer takes advantage of such tax benefits, and no reduction in rent or any other benefit shall be entertained on the basis of the non - availability of such tax benefits. As well, this opportunity may qualify for tax credits under Federal Housing and Urban Development (HUD) programs. All proposers should make independent inquiries of the availability and assignment of said credits. 99-- 49 4 U f� A f r �l r f rV, F. Site Description 1. Owner/Manager: Gusman Center and the Olympia Building are managed for the City of Miami by Miami Parking System, an arrangement stipulated by Maurice Gusman when he deeded the complex to the City in 1975. 2. Address: 174 East Flagler Street, Miami, Florida 33131- 1104 3. Legal Description: Lot 1, Lot 2 (Less the west 2 inches of the north 65 feet), the south 55 feet of Lot 3 and the north 45 feet of Lots 18, 19, and 20, Block 121 north, Miami North, according to the Plat thereof, as recorded in Plat Book B. at page 41 of the Public Records of Dade County, Florida. Only the Olympia Building parcel (not Gusman Center) is offered for redevelopment. 4. Area: Approximately 50,600 sq. ft. of gross floor area. For description of approximate floor plans, see Attachment D. Proposers are urged to confirm all information. The property and facility will be open for inspection to prospective proposers by appointment only. Contact Nancy Sullivan Skinner, Gusman's Managing Director, at (305) 374-2444 for an appointment. 5. Zoning: "Central Business District" For information concerning "change of use" from office to residential, proposers are encouraged to contact: Katie Carlson, City of Miami Planning, Building,and Zoning Department at 579-6086. Compliance with zoning laws is the sole responsibility of the prospective proposer. For details of allowable uses and applicable requirements, refer to the City of Miami Zoning Ordinance, available at the Department of Planning, Building and Zoning, 275 NW 2nd Street, Miami, Florida, 33128. 6. Historic Designation and Development Restrictions: Together with Gusman Center, the Olympia Building is listed in the National Register of Historic Places and falls within the City of Miami's Heritage Conservation Zoning District. Because Gusman Center and the Olympia Building have been officially designated by the City of Miami under its Heritage Conservation Ordinance, all changes to the exterior of the building (north and east facades only) are subject to the requirements outlined in City Ordinance No. 10875 (Attachment C). 7. Parking: No on -site parking exists. Theater patrons currently park at International Place, (100 S.E. Second Street), Miami Parking System Garage No. 3, (190 N.E. Third Street), or other private parking garages and lots 9 2 in the vicinity. 8. present Use: The building is currently occupied by ground floor retail stores, commercial offices, Gusman administrative offices and a Loft Theater and artists' colony. Dressing rooms on the 2nd floor of the Olympia Building are utilized by the theater. As these dressing rooms are in fact the theater's only backstage area, they cannot be relocated and therefore are not available ■' for redevelopment. A current rent roll with detailed lease information is contained in Attachment E. Rent from existing tenancy is approximately $190,000. Ground floor retail leases expire between 1994 and 1996. uire quire easy access between Smooth theater operations req the theater and administrative offices. For further discussion of operating requirements, see F(13) below. The City of Miami, Gusman Center, and Metro -Dade Cultural Affairs have lent support to over 11 arts tenants who currently occupy office space on a year-to- year basis. These leases provide for termination with 30 days notice, should a plan for redevelopment be installed. Gusman Center has a more established relationship with the Loft Theater (Momentum Dance) and Gusman's resident theater company, Miami Skyline Theater, however. It is expected that proposers will 11' address how their design seeks to accommodate, whenever possible, the space needs of these organizations. 9. Appraised Value: City Charter Section 29-B prohibits the City Commission from favorably considering any sale or lease of property owned by the City unless there is a return to the City of fair market value under such proposed sale or lease. � The Olympia Building was appraised as of March 1, 1991 at an estimated replacement and reproduction cost for insurance purposes at $3,551,681 (See Attachment F). No current appraisal of estimated market value and market rent has been completed. 10. Existing Improvements: A description of the building's condition and improvements needed appears in engineering surveys contained in Attachment G. Proposers are encouraged to confirm all findings and estimates. 11. Shared Systems: Several mechanical, structural, and electrical systems are shared between the Olympia r- Building and Gusman Center. They include: f 0 Phone systems 0 Fire alarm and sprinkler system and fire exits 0 Electrical power o Elevator access 0 Water lines Where these systems are joined and cannot be divided, it is assumed that they will remain unchanged and a shared arrangement will be negotiated. Where these systems can be separated, the City will allow freestanding systems. Proposals must explain how shared systems will be addressed. 12. Funded improvements: Proposers should be advised that certain improvements � to the building have been financed with grant assistance ®' over the past few years. Proposers are responsible for making their own inquires to the following granting agencies concerning allowable changes to funded improvements. Department of State, Division of Cultural Facilities o Sprinkler/alarm system in retail stores and Olympia Lobby (1990-91); ongoing) Department of State, Division of Historical Resources 0 Design and specification for Olympia window restoration (1991-92; ongoing) �i City of Miami, Community Development (Facade Improvement Program) 0 Storefront awnings (ongoing) Metro -Dade Cultural Affairs Council .` 0 Improvements to Loft Theater, 4th floor 13. Operating requirements • The physical linkage between Gusman Center and the Olympia Building poses many operational challenges. It is essential that the plan for development and operation consider that Theater personnel must have access to: o All shared electrical mechanical and other building systems 1 0 2nd floor dressing rooms via elevator service I? 0 Olympia Lobby 0 Projection booth via 4th floor 1! o Roof of projection booth and theater attic via 6th floor southeast corner �t o Building fire escapes 9 2" 649 9 i 7 1 o Marquee areas Proposers shall also set aside approximately 1,200 square feet of lockable space on site for theater - storage. G. Unified Development Proposal Selection Process The Proposal Selection Process is set forth in Section 29-A of the Charter of the City of Miami and Section 18-52.9 of the Code of the City of Miami _ (Attachment A) and provides as follows: 1. Solicitation of development proposals from qualified developers. 2. Initial review of proposals received in response to the RFP by City and Miami Parking System staff, to determine - compliance with RFP minimum submission requirements in accordance with the guidelines set forth herein in Section V. 3. Evaluation of responsive proposals by a Certified Public I Accounting firm in accordance with criteria specified herein in Section 4. Evaluation of responsive proposals by a Review Committee appointed by the City Commission in accordance with _ criteria specified herein in Section VI. 5. Independent report of findings and recommendations submitted to City Manager by CPA firm and Review Committee. 6. City Manager recommendation to the City Commission of the most advantageous proposal, based on the findings of the CPA firm and recommendations of the Review Committee. 7. City Commission acceptance/rejection of City Manager's recommendation as to the most advantageous proposal. ' 8. City Commission authorization to negotiate lease agreement with the selected proposer. 9. Negotiation of lease agreement between the City, Miami Parking System, and the selected proposer. 10. City Commission authorization to execute the negotiated is lease agreement with the selected proposer. 11. Execution of lease agreement between the City, Miami jf Parking System, and the selected proposer. S ,; 8 r� H. Unified Development Schedule (Anticipated) Issuance of Request for Proposals Proposal Pre -Submission Conference Location: Miami Parking System 190 N.E. Third Street Miami, Florida 33132 Proposal Submission Deadline Location: Miami Parking System 190 N.E. Third Street Miami, Florida 33132 Initial Review of Proposals Review Committee Meeting Review Committee Meeting CPA Firm Initial Evaluation of Proposals Available to Committee Recommendation from the Review Committee and CPA Firm to the City Manager Recommendation from the City Manager to the City Commission for Selection of a Proposer October 23, 1992 November 16, 1992 10:00 a.m. January 22, 1993 2:00 p.m. January 22, 1993 - February 8, 1993 February 10, 1993 February 17, 1993 February 25, 1993 March 8, 1993 III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Protects The City of Miami Commission has determined that for the development of j improvements sought by this Request for Proposals, it is most advantageous f to the City that the City procure an integrated package including planning and design, construction, leasing, and management from a private person, -, as provided for in the City of Miami Code Section 18-52.9 for Unified Development Projects, incorporated herein by reference and included in Attachment A. B. Commitment of Funds 1. City The City shall provide no direct or indirect financing to the development. Proposers are encouraged to explore opportunities to participate in City - assisted housing programs. Questions concerning City -assisted housing programs should be directed to Jeffrey Hepburn, Asst. Director, City of Miami Development & Housing Conservation Department, (305) 579-3336. 2. Successful Proposer The successful proposer is required to provide equity and debt capital adequate to finance all aspects of the proposed Unified Development of the property including facade, structural, interior, and systems improvements. The successful proposer shall provide funding to reimburse the City for direct costs incurred in evaluating all proposal submissions, including, but not limited to advertising, printing, appraisal fees and the professional services cost of a certified public accounting firm selected by the City Commission. C. Commitment of Property The City will enter into a property lease agreement with the successful proposer for the parcel particularly described in Section II.F.3. The proposed term of the lease agreement shall be negotiated to complement the financing strategy. The lease agreement shall be structured to provide the City with an annual rental payment that is comprised of a minimum annual guaranteed rent or a percentage of gross revenues (refer to Section IV (C)), whichever is greater. City -owned property is held in public trust and cannot be mortgaged or subordinated in any way as a part of the lease agreement. All leasehold improvements shall revert to the City, in which fee simple title shall vest, upon the expiration of the lease term. r � � 7 A D. Commitment of Services Services such as police and fire protection, equal to those provided to any private development within the City of Miami, shall be provided by the City. All additional security, etc., shall be the responsibility of the developer. As required by subsection (5) of City Charter Section 29-A(c), "substantial increase" shall be defined as a 10% increase to the City's proposed commitment of funds, property and/or services and "material alteration" shall be defined as failure to comply with all aspects of the proposal except as specifically permitted in writing by the City Manager. E. Execution of Contracts All contracts for Unified Development projects shall be signed by the City Manager or his duly authorized design after approval thereof by the Commission. The provisions of Charter Section 29-A(c) shall supersede any other Charter or Code provision to the contrary. F. Right of Termination Any substantial increase in the City's commitment of funds, property, or services, or any material alteration of any contract awarded for Unified Development projects shall entitle the City Commission to terminate the contract after a public hearing. Prior to such public hearing, the Commission shall seek and obtain a report from the City Manager and Miami Parking System and from the Review Committee that evaluated the proposals for the project, concerning in Fart the advisability of exercising that right. The City shall have no liability with regard to its exercise of such right and the successful proposer shall bear all of its own costs with respect thereto. G. Definition of Uses Proposals must include a definitive development program, including phasing, if any, a financial strategy and feasibility, and a guaranteed time of completion schedule that can be realistically evaluated under the requirements of this Request for Proposals to form the basis for selection by the City. IV. PROPOSAL DEVELOPMENT CONSIDERATIONS Respondents to this invitation are advised that the following factors must be considered and adhered to in the development of project proposals and will be critically evaluated. 92-- 649 A. Development objective This solicitation does not constitute merely an offer to lease City property although it will produce the contractual relationship of a Lessee _ (Developer) with a Lessor (City of Miami/Miami Parking System). It is a project whose broad objectives are to enhance the building's function and appearance in a manner which will complement and reinforce the use of the Gusman Center, accomplish this with minimum disruption to theater operations, and generate a fair return to the City in the form of a lease payment. Proposals must meet the City's development objective seeking the most active and productive use of the site related to residential and ancillary restaurant, retail, and cultural use. The project may include any combination of these uses as long as improvements are responsive to the character and design factors inherent to a historic property and to a busy, major performing arts center. _ Aesthetics the development be of will a prime consideration in the evaluation of proposals. The City expects the proposed architecture to be responsive to the Secretary of the Interior's Standards for Rehabilitation (Appendix C). Of special concern is the renovation of storefronts to their historic appearance, renovation of the Building lobby, and eventual conversion of ground retail spaces to uses which complement residential life, serve patrons of Gusman Center, and extend neighborhood activity beyond the workday. i I B. Lease Term The term of a lease agreement to be executed between the City and the successful proposer shall be negotiated to complement the financing strategy. The lease term will not be less than 25 years and no more than 40. C. Annual Lease Payment The minimum annual guaranteed rental payment to the City for lease of the property shall be negotiated, but shall include a minimum guarantee or a percentage of gross revenues whichever is greater. All operating expenses related to building operations will henceforward be borne by the lessee upon execution of the lease contract. D. Use The site is located in the Central Business District and, as such, is eligible for conversion to residential use. As well, as an historic property in a Heritage Conservation District, it is assumed that its use will reflect the historic character of the 2nd Avenue/Flagler area. For purposes of responding to this Request for Proposals the principal uses of the property shall be for residential activities with ancillary retail, restaurant, and cultural use. The Managing Director of Gusman Center for the Performing Arts and the Executive Director of Miami Parking System will retain the right of refusal for any use proposed for the ground floor area if he/she deems the proposed use as incompatible with the interest of Gusman Center, or is otherwise unacceptable. 92- 649 12 Site improvements must comply with all applicable code requirements. All signage shall be reviewed and approved by the City of Miami Planning Department, Miami Parking System, and Gusman Center for the Performing Arts. R. Adjacent Property Consideration Abutting the southern and eastern edges of the Olympia Building are several privately owned properties that may be made available by their present owners. The City and Miami Parking System make no representations concerning the availability of these properties. Proposers are not prohibited from contacting the owners of the adjacent properties, however, to negotiate a purchase or joint venture development of a parking facility or other use designated in this Request for Proposals. Accordingly, site design of the proposed development may include "Alternative One --Adjacent Property NOT Included" and "Alternative Two --Adjacent Property Included." F. Site Improvements The property, including all conditions, structures, topsoil and subsoil on the premises is offered "as is." Proposers are encouraged to review the property recertification report (Attachment H) and systems surveys (Attachment G) which describe the site's current condition. Because the Olympia Theater and Office Building have been officially designated by the City of Miami under its Heritage Conservation Ordinance, all changes to the exterior of the building (north and east facades only) must be approved by the City's Heritage Conservation Board. Alterations must meet the U.S. Secretary of the Interior's Standards for Rehabilitation. Interior alterations are not subject to review by the City's Heritage Conservation Board, except those spaces designated in Ordinance No. 10875. Site improvements must take into consideration the property's location adjacent to an active theater where show -time traffic patterns, valet parking service, a busy ticket booth, load -in of traveling shows, and patron egress and exit, will impact the site. The Managing Director of Gusman Center will reserve right of refusal of site improvements that negatively impact normal operations at the theater. Generally, proposed site improvements may not: o interfere with theater -related vehicle and pedestrian traffic on 2nd Avenue and Flagler Street. o block access to the 2nd Avenue or Flagler alley areas or the 2nd Avenue curbside for show load -ins and pedestrian traffic to theater. o narrow the entrance to theater alley on Flagler Street. E 0 obscure visibility of ticket booth, theater entrances, or theater marquee on 2nd Avenue and Flagler Street. 92 - 649 E The rooftop area may be incorporated into site improvements. Subject to zoning and setback restrictions, site improvements may include outdoor cafe areas, appropriately landscaped, on Flagler Street. G. Parkins Proposers are encouraged to contact Joseph Genuardi, City of Miami zoning Administrator, 579-6800, for information regarding parking requirements in the Central Business District for residential projects. Proposers are encouraged to establish arrangements with parking operators to benefit residents. The Miami Parking System may be willing to commit a number of parking spaces at either International Place, 100 S.E. 2nd Street or Miami Parking System Garage No. 3 at 190 NE 3rd Street. Proposer should see Section IV.E. for discussion of the availability of adjacent property for parking structure development. H. Permitting The successful. proposer shall be responsible for acquiring all required permits, licenses and approvals. I. Architectural Treatment of Improvements Development of improvements shall be architecturally acceptable and will be critically evaluated in the selection process. The redevelopment of the Olympia Building is intended to be a quality historic preservation project in the City of Miami. Each development team, therefore, must include a restoration architect. An historic preservation and/or adaptive reuse consultant experienced in architectural history is also recommended. All design proposals, as submitted, must substantially meet the Secretary of the Interior's Standards for Rehabilitation (Standards). It is recommended that the architect have a complete understanding of the Standards. Proposers are encouraged to consult with the State Historic Preservation Office (SHPO) prior to submission to assess compliance to the Standards. Early consultation with the SHPO is encouraged. Contact: David Ferro Division of Historic Resources Department of State The Capitol Tallahassee, FL (904) 487-2333 Proposals will be sent to the City of Miami Planning Department subsequent to submission for comment. The design of the interior as well as exterior will be considered in the review committee evaluation to determine whether the overall design intent shows a sensitivity to the architectural and historic character of the building. The review committee shall consider the comments of all 92- 649 14 reviewing departments, agencies or consultants in making its evaluation regarding overall project design. Any new ground floor structures, such as sidewalk cafes, may incorporate an historical theme, indigenous materials and forms, and landscaping that responds to South Florida's natural conditions. Rooftop improvements must incorporate landscaping treatment to screen activities from neighboring buildings. overall height improvements of any must be in accordance with limitations established by zoning. J. Estimated Construction Cost A detailed construction cost estimate shall be furnished for the entire proposed development including all improvements. Included as separate items, shall be the estimated cost of furnishings, fixtures and equipment. K. Project Financing Strategy The proposer shall provide financing for all building and site improvements including public spaces and amenities associated with the development. L. Development Schedule Respondents shall submit a proposed development schedule or P P P f each significant improvement of the complete project. Development shall substantially commence within six months from the transfer of the leasehold property to the successful proposer. A reversion clause will be included within the lease agreement to insure reasonable compliance with the proposed development schedule. The timetable for completion of the proposed construction will be considered in the evaluation process. This timetable must address all improvements, including those that may not occur until current retail or commercial leases expire. M. Method Operation of The operation of the entire proposed development shall be described. The description must include an organizational chart, job descriptions of key positions, brief outline of operating procedures, how and where the development will be advertised, indication of which businesses are ' intended to be operated by proposer and which businesses are intended to be subleased or to be operated under a management contract. If independent management services are to be involved, then the applicable forms included in Appendix D of this document must be completed by management contractors. - In the event the proposer is not the operator of any proposed restaurant, the independent and experienced restaurant operator must be a member of the proposer's team and must complete all applicable forms included in Appendix D. 92- 649 15 11 n J D �J 0 a W 0 L� E d N. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action and minority procurement legislation and regulations, including City of Miami Ordinance No. 10538 (Attachment I). The participation of minorities and females are encouraged through ownership interest in the proposer entity as well as through the occurrence as professional consultants and subconsultants. Minority -owned and female -owned, whether firms and/or sole proprietorships/individuals, must be certified by the City of Miami office of Minority/Women Business Affairs Coordinator (305) 575-5174 prior to the submission date for this project. Those firms (minority -owned, female -owned and/or nonminority- owned) not having an existing Affirmative Action policy are required to establish one. Appendix D includes information related to minority participation documentation that must be submitted as a part of the development proposal submission. o. Contract Terms Section VII provides numerous contract terms and conditions that the proposer must consider when making a proposal. Proposers must provide specific suggested clauses for inclusion into the lease agreement with the City. Various standard City clauses are included in Section VII and must be adhered to. The eventual contract negotiated between the successful proposer and the City may incorporate any other terms, conditions, and benefits for the City that the City, in its judgement, may seek to include by way of negotiation. P. Taxable Status The City wishes to assist proposers in securing tax abatement of ad valorem and other taxes to the fullest extent allowable by law. Proposals should project operating performance under both taxable and non-taxable status. V. PROPOSAL SUBMISSION REQUIREMENTS Submissions received in response to this Request for Proposals shall meet all requirements specified herein. Submissions deficient in providing the required information shall be determined non -responsive by the City and Miami Parking System and deemed ineligible for further consideration. The City of Miami and Miami Parking System are seeking professional qualifications and credentials that demonstrate the development team's ability to successfully undertake and complete development of a residential facility that may include restaurant, retail and cultural use. The development team shall demonstrate its ability to plan, design, construct, lease and manage the facility in full accordance with the development program outlined in Section IV, entitled "Proposal Development Considerations". 99- 649 U 16 0 A. Composition and Credentials of the Development Team Proposals must include professional qualifications and credentials that demonstrate the development team's ability to successfully undertake and complete development of the Olympia Building property. The development team shall demonstrate its ability to plan, design, construct, lease and manage a residential facility with any ancillary use proposed in accordance with the development program outlined herein. ' The development team is hereby defined as being comprised of the proposer entity, its professional planning and design consultants and subconsultants, and its general contractor or construction manager. The proposer entity and the professional consultants possessing the required expertise may be provided from one firm constituting all the required expertise, or may be provided from among several firms constituting all the required expertise. Subconsultants may submit on more than one team. However, the proposer entity or its principal(s), professional consultants and the general contracting and/or construction management firm shall only submit as part of one'submission and shall not be the proposer entity or its principal(s), consultants, subconsultants or general contractor and/or construction manager in any other submission. The proposer entity shall substantiate experience in all aspects of development and management of residential properties, adaptive reuse of historic properties for residential use, and the types of retail, restaurant and other uses proposed. The general contracting or construction management firm shall be licensed as a general contractor in the State of Florida. The development team assembled in response to this Request for Proposals shall, at minimum, demonstrate professional expertise in each of the following disciplines (current active licenses are required): Architectural: shall be registered to practice architecture in the State of Florida as required by FS Chapter 481, Part I. Architecture and shall have substantiated experience in the design and development of residential and commercial properties; shall have experience in restoration and adaptive reuse of historic properties; Engineering: shall be registered to practice engineering in the State of Florida as required by FS Chapter 471, Professional Engineers and shall have substantiated experience in the design and development of residential and commercial properties; Landscape Architectural: shall be registered to practice landscape architecture in the State of Florida as required by FS Chapter 481, Part II. Landscape Architecture; General Contracting or Construction Management: shall be licensed as a general contractor in the State of Florida and shall have substantiated experience in the management of residential and commercial constructions; 9 9_ 649 17 e Operations and Leasing: shall have experience in the operations and leasing of residential and commercial properties; Management: shall have experience in the management and marketing of residential and commercial properties; If ancillary retail, restaurant or cultural uses are proposed as part of the development then proposer shall have substantiated leasing, operations, and management experience in these other uses. No additions or modifications may be made to the proposals and the teams they represent subsequent to the submission deadline. New and/or current personnel who are not identified in the proposal may not be introduced as part of the proposed team subsequent to the submission deadline. Respondents must notify the City and Miami Parking System in writing immediately of any firm or individual presented in its original submission who is unavailable to continue on the team. Any such change may result in the removal of the proposal from consideration. Changes in the team awarded a contract pursuant to this RFP shall be subject to City Commission approval, and may result in the cancellation or revocation of the award. Appendix D includes forms that must be submitted as a part of the development proposal to capture information related to the composition of the development team as herein described. B. Project Financial Components 1. A feasible and substantiated financial strategy. 2. A proposed lease term complementing the financial strategy. 3. A minimum annual guaranteed rental payment or the dollar amounts for payment as a percentage of gross revenues collected, whichever is greater, in accordance with Section IV(C). 4. Project implementation schedule including all steps of planning and design, construction and operation. 5. Pro forma operating statements under two scenarios, assuming: (1) Taxable leasehold estate and (2) Non-taxable leasehold estate. C. Project Design Proposal 1. Development Plan: Description of all aspects of the plan Architectural character and features of the development Methods of construction Number/size and dimensions of all residential,. commercial and other proposed spaces On -site services and parking arrangements 92- 649 18 2. Illustrative Drawings: (Shall be prepared by a registered architect licensed to practice in Florida and shall be board -mounted not to exceed 30" X 40"): Illustrative site plan Elevations, sections, and floor plans of all proposed renovations and new construction While perspective isometric illustrations are not required, submissions will be accepted for review. No model will be accepted for review. n yp of project amenities. 3. Schedule and type D. Additional Requirements 1. Completed Declaration, Financial Disclosure and Professional Information forms as detailed and included in Appendix D. 2. A response to all applicable aspects of the Contract Terms and Conditions as detailed in Section VII of this document. 3. Letters of commitment from financial institutions documenting the proposer's ability to finance all aspects of the proposed development. 4. Letters indicating the proposer's ability to obtain required bonds and insurance. 5. Documentation of minority participation pursuant to the goals set forth in City of Miami Ordinance No. 10538 (Attachment I). VI. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Attachment A of this document. The City of Miami Commission, consisting of five elected officials, including the Mayor, will select the successful proposer based on the recommendation of the City Manager. At a public hearing held October 8, 1992, the City Commission authorized the City Manager and Miami Parking System to issue this Request for Proposals, appointed members to a review committee from recommendations submitted by the City Manager, and selected a certified public accounting (CPA) firm to evaluate submitted proposals. t The review committee established by the City commission at the public hearing will render a written report of its evaluation of proposals to the City Manager. The review committee shall evaluate each proposal based on 92- 649 19 n 0 t 0 U al m I the criteria established herein. The committee has the authority to recommend none of the bids if it deems them not to be in the best interest of the City of Miami. However, the committee shall have to explain its reasons for such a decision. The certified public accounting firm selected by the City Commission will render an independent report of its analysis of proposals to the City Manager. The accounting firm shall analyze each proposal based on the criteria established herein. The accounting firm shall present its preliminary findings regarding each proposal to the review committee prior to the review committee completing its deliberations. A. Review Committee Evaluation Criteria All responsive proposals shall be evaluated according to the following criteria: 1. Experience of the proposer & capability of the development team..............................20% (20 pts.) 2. Financial capability, level of financial commitment....................................20% (20 pts.) 3. Financial return to the City..................25% (25 pts.) 4. Overall project design... o .................... 15% (15 pts.) 5. Accommodation for Gusman administrative offices and arts tenants ...................... 5% (5 pts.) 6. Extent of minority participation..............15% (15 pts.) Proposers are encouraged to have their proposals conform to the following factors which will be utilized by the review committee in evaluating the proposals: 1. Experience of the Proposer & Capability of the Development Team (20%) (a) Qualifications and capability of the proposer in development of the types of uses proposed (b) Specific experience of the proposer in development and management of the types of uses proposed, comparable in magnitude and scope (c) Composition of the development team; professional qualifications and capability of team members, project managers, consultants and subconsultants (d) Architectural/engineering capability and range of experience on similar projects comparable in scope, complexity, magnitude and adequacy of personnel to successfully undertake and complete the project proposed 92- 649 20 (e) Contractor or construction management capability and range of experience on similar projects comparable in scope, complexity, magnitude; adequacy of personnel to successfully undertake and complete the project proposed; demonstrated ability to obtain required bonds and insurance (f) Architect/engineering subconsultant (i.e. landscape architect, etc.) capability and range of experience on similar projects comparable in scope, complexity, magnitude and adequacy of personnel to successfully undertake and complete the project proposed (g) Good past performance in project administration and in cooperation with former clients (h) Demonstrated ability to meet time schedules and budget (i) Quality, organization and experience of operational management team (j) Method of providing operation and maintenance of other types of uses proposed, if any 2. Financial Capability, Level of Financial Commitment (20%) (a) Demonstrated financial capability of the proposer to successfully undertake and complete this project (b) Proposer's track record of financing projects comparable in magnitude and scope sufficient to successfully finance this project (c) Viability of financing strategy, financing mechanism and funding sources (d) Access to construction and financing permanent (e) Ability to obtain required bonds and insurance (f) Development schedule 3. Financial Return to the City (25%) (a) Annual minimum guaranteed rental payment to the City for the lease of the property. (b) Dollar value, extent and timing of capital improvements (c) Any additional financial benefit to the City 4. Overall Project Design (15%) i (a) Fulfillment of the City's established development objectives 92- 649 WQ and policies as defined in the Downtown Master Plan (Appendix A) (b) Appropriateness and quality of the design as related to its setting adjacent to the Gusman Center (c) Compliance with historic preservation requirements as they relate to all interior and facade improvements (d) Efficiency of site design and organization, mix and ' capability of types of uses proposed (e) Imaginative and creative treatment of architectural and site design of public spaces, landscaping, signage, and lighting 5. Accommodation of Gusman administrative offices and arts tenants (5%) (a) The first priority of accommodating Gusman administrative offices in approximately 2,500 square feet of office space at low or no cost, for a minimum of a five (5) years term. (b) A secondary priority of accommodating existing arts tenants in approximately 4,000 square feet of space (comparable to current Olympia Building conditions) at low or no cost, on a "tenant at will" basis. (c) Minimal disruption to daily operations of Gusman offices ad theater during construction period 6. Extent of minority/women participation (15%) (a) Minority/women equity participation within the proposed entity (b) Minority/women participation within the development team (c) Subcontracting and hiring practices (d) Opportunities for minorities, hiring outreach and training opportunities in relation to management, operation and PP 9 P maintenance of facilities B. CPA Firm Evaluation Criteria The certified public accounting firm selected by the City Commission will provide a preliminary evaluation of each proposal submission prior to evaluation by the review committee. Specifically, the certified public accounting firm will evaluate the financial viability of the proposed development teams, their proposed financial strategies, and will assess comparatively the short and long range economic and fiscal return to the City. Additionally, they will assess the economic feasibility of the proposed development. The CPA firm will render an independent final report of its findings to the City Manager. 9 2 v S 4 9 22 r 2b VII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT A. Authorization Upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of a lease agreement including planning, design and engineering, construction, and management with the successful proposer. The City Attorney's Office must approve the lease agreement as to legal form and correctness and will provide assistance to the City in its negotiations to be certain that the City's interests are best served by the inclusion of contractual clauses B. Terms and Conditions The contract shall address, but not be limited to, the following terms and conditions: 1. Lease Term . A proposed lease term to complement the financing strategy. Lease term will not be less than 25 years and no more than 40 years after the property is put into residential use. 2. Rent Annual minimum guaranteed rental payment shall be negotiated but shall include a minimum guarantee or a percentage of gross revenues, whichever is greater. All operating expenses related to building operations will henceforward be borne by the lessee. Payment schedules Right to audit No counterclaim or abatement of minimal rental 3. Conditions for Lease City of Miami Charter Section 29-B (Attachment A) The City Commission is prohibited from favorably considering any lease of property owned by the City unless there is a return to the City of fair market value under such proposed lease. The City Commission is prohibited from favorably considering any lease of property owned by the City unless there shall have been proper advertisement soliciting proposals allowing not less than ninety (90) days from the City's receipt of proposals and there shall have been at least three (3) written proposals received from prospective lessees; however, if there are less than three (3) proposals received and the guaranteed return under the proposals whose acceptance is being considered is equal to fair market value and the City Commission determines that the lease will be in the City's best interest, then subject to the approval of a major of the votes case by the electorate at a referendum, 23 92- 649 A the lease may be consummated. City of Miami Charter Section 29-8 makes an exception for projects including City -assisted affordable housing. If the project is designed as an affordable housing project, the three (3)-bid rule will not apply. 4. Insurance Policies of Insurance Certificates of Insurance Types of Insurance (City Insurance Coordinator to specify the types and amounts of insurance required and retains right of approval of all insurance required based on the approved project.) 5. Performance and Payment Bond Prior to commencement of construction on the property by the successful proposer, the successful proposer shall furnish the City with a performance and payment bond in an amount to be specified to insure that the Lessee will promptly make payment to all claimants supplying labor, materials, or supplies used directly or indirectly in the execution of the work provided frr in the lease agreement, and to pay the City all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that the City sustains because of a default by the Lessee under the Lease Agreement. The amount of the bond shall not be less than the total cost of all construction work to be performed on the property. The bond shall be subject to the approval of the City InsuraManager and the City Attorney and comply with FS 255.05, Florida Statutes (1987). 6. Indemnification The successful proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City, Miami Parking System, its employees and officials from and against any and all i claims, suits, action, damages or causes of action arising during the term of the lease agreement for any personal injury, loss of life, or damage to property sustained in or about the leased premises, by reason of or as a result of the successful proposer's occupancy thereof, acts or omissions to act, from the acts or omissions to act of the City, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, debts, obligations, expenses and liabilities incurment in and about the defense of any such claims and the investigation thereof. 7. Assignment of Lease No assignment of lease agreement or any portion or part thereof, except by virtue of action taken by the City Commission. 92- 649 24 8. Restrictions on Use Authorized principal uses Authorized accessory uses 9. Design, Engineering and Construction of Improvements Description of Improvements Developer's Obligation to Construct Improvements Submission of Construction Documents Review and Approval of Construction Documents Changes in Construction Documents Submission for Building Permit Contract(s) for Construction Conditions Precedent to Commence Construction Commencement and Completion of Construction Improvements Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation 10. Preparation of Premises for Development Property, including all conditions, topsoil and subsoil on the premises are offered "as is" and any work or labor required to conform to applicable laws shall be the successful proposer's responsibility at his sole cost. No warranties express or implied are represented as to such property. All warranties including any warranty of fitness or merchantability are expressly disclaimed. Developer assurance 11. Operation and Management of Leased Premises Description of premises Operation and Maintenance Standards Gusman Center access to premises 12. Equity Capital and Mortgage Financing City -owned property is held in public trust and cannot be mortgaged, leaned, encumbered, pledged, hypothecated or subordinated in any way as part of the lease agreement. Sufficient Funds to Construct Improvements Notification of Securing Sufficient Funds Lessee to Furnish Name and Address of Mortgagee Lessee to Notify City of Other Encumbrances Rights and Duties of Mortgagee I 99- 649 25 13. Public Charges/Fees/Taxes Covenant for Payment of Public Charges Evidence of Payment of Public Charges Utilities: The successful proposer shall pay for all utilities consumed on the premises as well as connection and installation of charges thereof Property and Other Taxes: The successful proposer shall pay all taxes on all improvements which may be levied, as well as sales, use, income and other taxes imposed by any governmental authority 14. Maintenance, Repair, and Replacement Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 15. Condemnation Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 16. Default - Termination Default by Lessee Default by City Obligations, Rights and Remedies Cumulative Non -Action or Failure to Observe Provisions Hereof Non -Performance Due to Causes Beyond control of Parties Surrender of Premises Ownership of Equipment, and Furnishings on Termination Party in Position of Surety with Respect to Obligations 17. Examination of Premises The successful proposer agrees to permit the City Manager, Miami Parking System, or any design to enter the premises at any time for any purpose the City deems necessary to, incidental to or connected with the performance of the successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 92- 649 26 1 0 • fi I H 7_ A 18. Award of Agreement The successful proposer warrants that it has not employed tlr retained any person employed by the City to solicit or secure the lease 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 making the lease agreement. 20. Conflict of Interest The successful proposer is aware of the conflict of interest laws of the City of Miami, Dade County, Florida, and the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws. Any such interests on the part of the successful proposer or its employees must be disclosed in writing to the City. The successful proposer, in *the performance of the lease agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 21. Non -Discrimination The successful proposer agrees that there will be no discrimination against any person on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the use of the demised premises and the improvements thereon. 22. Rules and Regulations The successful proposer agrees that it will abide by any and all rules and regulations pertaining to the use of the premises which are not in effect, or which may at any time during the term of the lease agreement be promulgated. 23. Compliance with Federal, State and Local Laws The successful proposer shall comply with all applicable laws. ordinances and codes of federal. state and local governments 24. Minority Procurement Compliance The successful proposer acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority and Women Business Affairs Procurement Program Ordinance of the City of Miami (Attachment I) and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 25. Miscellaneous - As applicable 9 2_ 649 27 J71--z' n LJ Ll d n R111, CI H VIII. PROPOSAL FORMAT AND CONTENT OF SUBMISSION PROCEDURES Proposal submissions must be marked: Unified Development Proposal for the Olympia Building Miami, Florida Proposal submissions must be received at: Miami Parking System 190 N.E. Third Street Miami, Florida 33132 Attention: Mr. Clark Cook Executive Director The time deadline and location will be firmly adhered to. shall be received after 2:00 o.m. January 22. 1993. or at a. No proposals The elements comprising a complete proposal submission are listed in detail in the following sections. Submissions must include the following or will be deemed non -responsive to this invitation and will be eliminated from any further consideration by the City and Miami Parking System. The information provided by return of all specified forms and design documents shall form the basis of selection by the Review Committee. 1. One (1) original and twelve (12 ) copies of a complete proposal submission in an 8-1/2" X 11" bound format; 2. One set of board -mounted illustrative drawings; 3. A non-refundable cashier's check for $2,500 shall accompany each proposal submission. These funds are intended to cover actual expenses 4 for advertising, printing, and mailing incurred by the City and Miami Parking System in preparing and issuing this Request for Proposals. Funding for these expenses incurred in evaluating proposal submissions, in excess of the fees collected, shall be reimbursed to the City and Miami Parking System by the successful proposer as described in Section III (B). 4. Completed and signed forms included in Appendix D entitled as follows: Declaration Organizational Structure Financial Disclosure and Professional Information Proposer's Questionnaire Partnership Statement Corporation Statement Experience Statement of Proposer Financial Data of Proposer References of Proposer Proposer's Architect/Engineer Questionnaire Background Data of Proposer's Architect/Engineer - References of Proposer's Architect/Engineer Architect/Engineer's Subconsultants' Questionnaire. Experience Statement of Architect/Engineer's Subconsultants Background Data of Architect/Engineer's Subconsultants References of Architect/Engineer's Subconsultants Proposer's General Contractor or Construction Manager Questionnaire Experience Statement of Proposer's General Contractor or Construction Manager Background Data of Proposer's General Contractor or Construction Manager References of Proposer's General Contractor or Construction Manager 5. Completed Minority Participation Documentation included in Appendix D. 11 litotes x. . it I I El 0 �l �l T I 0 fl. fl E 127.9 CHARTER AND RELATED LAWS Sec. 27.1r. Assessor to have power of enunty assessor; general assessment roll. Noll --The attention to directed to the editor's note to 127.0 of this charter. Sec. 27-F. Signing and endorsing general as. tressment roll: return and presump- Lion of validity. Nate —The, user'.+ Attention is directed to the tditor's note to 1 27.0 of this charter. Sec. 27-C. Copy of nsotrtRment roll nnneved to warrant commanding collection. Note —The upor'a attention is directedl to the editor's note to 127.8 of this charter. Sec. 27.11. State law as to taxes applies. Note —Thin aetiion has iu!en nab*tnntialir chancori, by In. ferencr. innnmuch an amw"menl anti cniInt.ion of tasra is FMW they exeluaive re.pnnnihiiity of Dada Cminly. The tame s attention in directed to the editors note to 1 27.8 of this charter. ISec. 27 i. Iteserved.j Sec. 274. Discoainp if taxes paid before cer. Lain time. Nnle—The dimmunt rates lnrm"iy .nt nut in thin nnctinn no longer, nppir, fnr present rntem. ace Fla. Statx.. 1 193.41. The n.er'n nUentinn in Alan directed to the editors note to 127.11 of this charter. Sec. 27-IC. When taxes become delinquent; in- terest rates on delinquent taxes. Nnie—The uaPr'-q attention in directed to the editors note to 1 nd3 of Utis charter. Sec. 27-L. Tax certiricntes; interest rate there- on. Nnew—The 11-r's attention in directed to the editor's note to 1 n.a of this charter. Sec- 28. Chief procurement ofificer. (A) T13e city mnnnger shall Appoint a chief pro. a^ementofficer who shall supervise all purchaRes the city in the mnnner provided by ordinance taiin shall, tinder such procurement methods may be prescribed by ordinance, supervise sales No. 29 SUbpt. A of all renl anti perRonni property or the city not needed for public use or that may have hee:nme unsuitable ror itse. The chief procurement oMcer Rhail have charge of Ruch storerooms and ware. houses of cite city no the commission may by ordi. nance provide. Berore any purchARe or Retle. the chief procurement officer ithall require that all prescribed procurement proceditres be rollowed. Supplies shall not be furnished to Any department unless there be to Lite credit or Ruch department an nvnilnhle npprnprintinn hninnce in excess of nil unpnid obligntion sufficient to ray for Ruch Rupplins. (b) No cnntrnrt ror rimnishing Rtipplirs nr ser- vices far Cite city. except as otherwino provided in this charter, shall be made ror a period or more than one year. (c) The chier prncurement officer shall see to it that all persons Reeking to do business with the city not dixeriminnte agninat any employee or Applicant for employment because of nge, race. creed, color, religion. Rex, national origin, handi- enp, or marital Mattis; and that they tnke Afiir. mative action to enRure that applicants rare em- ployed and that employees are treated during em. pi[nyment without regard to their age. race, creed, color, religion, sex, national origin, handicap, or mnrital Mattis. (d) The ewer prnetiretnent officer shnii be re. sponsihle far developing such minority prnctire. ment program as may be prescribed by ordinance and permitted by law. Sec. 20-A. Contracts for personal property, public works or ImprovementR, uni- fied development prnjects, and real property; safeguardn. (A) Aerannal property. Any pernnnal property, including but not limited to Rupplies, equipment. materials, and printed matter. may be obtained by contract or through city labor And materials. as provided by ordinance. All contracts for more Umn four thoa,and rive hundred doliarra (S4,00.00) Rhall be awarded by Lite comminnion to the loweRt re.-tponMhle bidder. niter public notice nod using such competitive sealed bidding methotiR as may he prescribed by ordinance; provided, however, I C_I - 92 649 SubpL A 4 CIIARTER 1 29•A that if the amount of a bid or proposal submitted by a vendor whose primary orrice is located in the City of Miami is not more than ten (10) percent in excess of the lowest other responsible bidder or proposer, such local vendor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods -by making a written finding which shall contain reasons supporting the conclusion that competi- tive sealed bidding is not practicable or not ad. vantageous to the city, which finding must be ratified by an affirmative vote of two-thirds of the commission alter a properly advertised public hear. ing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. All contracts for personal property in excess of four thousand five hundred dollars ($4,500.00) shall be signed by the city manager or his designee after approval thereof by the commission. This section shall not apply to transfers to the United States or any department or agency thereon, to the State orFlori- da, or to any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either h: contract or by the city labor force, as may be determined by the commission. There shall be a separate accounting as to each work or improve. ment. Before authorizing the execution by the city labor force of any work or improvement or phase thereon, the city manager shall submit to the commission a description of the anticipated scope of work and related cost estimates. All con- tracts for more than ten thousand dollars (S10; 000.00). which shall include contracts under which improvements valued in excess of $10,000 are to be constructed for the city, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed bidding meth- ods as may be prescribed by ordinance; provided, however, that if the amount of a bid or proposal submitted by a contractor whose primary office is locntctl in the City or Miami is not mire than ten (10) percent in excess of the lowest other respon. 5upp. No. 29 sible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bid. ding methods by making a written finding that a valid emergency exists or that there is only one (1) reasonable source of supply, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When competitive sealed bidding meth- ods are waived, other procurement methods an may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the city manager or his designee after approval thereof by the commission. When it becomes necessary in the opinion of the city manager to make alterations or modifica. tions in a contract for any publin work or im- provement, 313ch alterations or modifications shall be made only when authorized by the commission upon the written recommendation of the city man. ager. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the city manager prior to such authorization by the commission. (c) Unified development projects. A unified de. velopment project shall mean a project where an interest in real property is owned or is to he ac- quired by the city, is to be used for the develop• ment of improvements, and as to which the cam. mission determines that for the development or said improvements it is most advantageous to Lite city to procure from a private person. as defined in the Code of the City or Miami, one or more of the following integrated packages: (1) planning and design, construction, and leas. ing; or (2) planning and design, leasing, and manage- ment; or (:3) pinnning and design, construction, and man• agement; or 92- 649 _, 'In n C-2 --� 0 I I� N R P1, r� n n n J14 r� 1 20-A CIIArtTER AND ttEI ATED LAWS (4) planning and design, construction, leasing, and management. So long as Elie person from whom the city pro. cures one of the above -mentioned integrated pack- ages provides all of the functions listed for that package, such per,enn need not provide inch listed function Por the entire unified development project nor for the same part of the unified development project. Requests fnr propnsals for unified development projects shall generally define the nature of the uses Elie city is seeking for the unified develop- ment project and the estimated allocations of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area Cite city desires to develop pursuant to Elie unified develop. Mont project; (2) the ppecific evaluation criteria to he used by the below -mentioned certified public nccounL. Ing firm; (3) Else Apecific evalieatinn criteria to he used by Elie below -mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (6) the definitions of the terms "substantial in. crease" and "material alteration" lhnt will apply to the project pursuant to subsection (eX4) hereof; and (6) a reservnLion of the right to reject all propos. aim and of the rir;ht of termination referred to In subsection (eX4), below. After public notice there shall he a public hear• ing at which the commission shall consider: (1) Elie contents of the request for proposals for Life subject u.,if ied deveiopment project; (2) the selection of a certified public accounting firm, which shall include at least one mem- her with previous experience in the type of development in question; and (3) Elie recommenclatinns of Lite city manager for Elie appointment of persons to serve on the review committee. Said review commiLtee shall Supp. No. 29 Subpl. A consist, of an appropriate number of city orn. Biala or employees and an equal number plus one of members of the public, ashore names shall be submitted by the city manager no fewer than five days prior to the above. mentioned public hearing. At the conclusion of the public henring the com• mission shall authorize the issuance of a request far propnsain, melect a certifies{ public accounting firm, and appninL the members of the review cnm. mittee only from among the persons recommended by the city manager. The procedure for the selection of an integrated package proposals shall be ns follows: (1) all proposals shnll be analyzed by a certified public aecoeinting firm appointed by the enm. mission Named only on the evaluation criteria applicable to said certified public accounting firm contained in Elie request fnr prnpoeais. Said ccrtified public neenunting firin shall render a written report of its findings to Elie city manager. (2) the review commiLtee shall evnluate each pro. pasnl based only on the evaluation criteria gpplicnble to said review committee contained in the requtmt far proposals. Said review com- mittee shall render a written report to the city manager of its evaluation of ench pro. posal, including any minority opinions. (3) Lnking into consideration the findings of Lite aforementioned certified puhfic accounting firm and the evnhiations of Lite aforementioned review committee, the city manager shnll rec. nenmend one or more of Elie propnsals tar ne. cepLnnee by Elie commission, or nlLernnlivriy. Life city manager may recommend that all proposal, he rejected. If there nre three or more prnlm.snla and the city manager recom. mends only one, or if Elie city manager ree. ommends rejection of ail proposals, the city manager shall slate in writing Elie reasons for such recummendation. In Lrnnamitting him recommendation or rec. ommendalinns to Elie commission, Elie city manager ahnil include Lite written repnrtm, including nny minority opinions, rendered to 92- 649 C-3 W ws suhpL A CHARTEit him by the aforementioned certified account- ing firm and review committee. (4) all contracts for unified development projects shall be awarded to the person whose pro- posal is most advantageous to the city, as determined by the commission. The commission may accept any recommenda. tion of' the city manager by an affirmative vote of a majority of its members. In the event the com- mission does not accept a proposal recommended by the city manager or does not reject ail propos. als, the commission shall seek recommendations directly from the aforementioned review commit- Lee, which shall make a recommendation or rec. ommendations to the commission taking into ac. count Use report of the aforementioned certified public accounting firm and Use evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commiviion shall, by an affirmative vote of a majority of its members: (1) accept any recommendation of the review com. mittee: or (2) accept any previous recommendation of the city manager, or (3) reject all proposals. Ail contracts for unified development projects shall be signed by the city manager or designee aCLer approval thereof by Uie commission. The city manager or designee shall be responsible for developing a minority procurement program as inay be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development projects. The provisions of this charter section shall supersede any ocher char. ter or code prov-on to the contrary. (d) Sales and leases of real property, prohibi- tion. Except as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest, including any lease- hold. in real property owned by the city, the de- partment of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the $upp. No. 29 1 29•A public to compete for said real property or inter- est. Any such sale, conveyance, or disposition shalt be conditioned upon compliance with: the provi. sions of this section: such procurement methods as may be prescribed by ordinance; and any re- strictions that may be imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the trans- feree of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the ofr street parking board, or the downtown development authority board of directors. The city commission or the oft -street parking board or the downtown development authority board of direc. tors, as appropriate, may by resolution waive the requirement of snle, conveyance, or dispositinn to We highest responsible binder by means of the following procedure: the city manager, the direc• for of the off-street parking authority, or the di- rector of the downtown development authority, as appropriate, must make a written finding -that a valid emergency exists, which finding must he ratified by an affirmative vote of two-third9 of the commission after a properly advertised public hear. ing. When the requirement of sale, conveyance, or disposition to the highest responsible bidder is waived, other procurement methods or. may be prescribed by ordinance shall he folluwed. The city or the department of ofTstreet parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for proposnls, or other aniicitations Rhnll contain A reservation of the foregoing right to reject all offers. This section shall not apply to transfers to the United States or, any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof: (e) Safcguarc& (1) All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United SLateq and of the State of Florida and to hold harinless, defend, and indemnify the city for any noncompliance by said persons with the above laws. 92-- 649 C-4 H H-1 r� UT t 29-A 0 C11AitTF.1t AND nELATED LAWS V (2) All persons contracting with the city under this section shall he obligated to pity which. ever is the grenter of the following: (I) all appiicnble ad valorem taxes that nre lawfully assevned against the property involved or (ii) an amount to he pnid to the city equnl to witnt the ad valorem taxes would be if Cite property were privately owned and used for it profit -making purpose. Such taxes shall not be credited agairint any revenues accruing to Cite city under any contract that may be awarded under this section. (3) Any proposal by a potential bidder or con- tractor that contemplates more tlinn the es• timated extent of Cite city's proposed commit. ment of funds, property, or services alinit be ineligible for acceptance by the city commission. (4) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alterntion of any contract awarded tinder subsection (c) of this section slinll enti. tle the city commission to terminate Cite con- tract after a public hearing. Prior to such public hearing, the commission shall seek and nblain a report Crom the city manager and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11.6.79; Ord. No. 9607, 1 1, 10.28.82. Char. Amend. No. 1. 11.2.82; Char. Amend. No. 1, 11.4.86; Char. Amend. No. 3, 11-3.87) Editor's note —Ord. No. 94811. adopted by the commission on Sept. 17. 1982. net forth Charter Amendment No. i fnr approvallrejection at electinn on Nov. 2, 1982. On Oct 28, 1982. Ord. No. 9607 amended the lanRusge of suhsectiono (n) and (e) of 153 as proposed by Ord. No. 9489. The election wan to approve the ianituage of Chnrter Amenriment No.l. its amended by Ord. No. 9G07. Subsequently. in light of Charter Amend. ment No. 2 or Nov. 3. 1987. the city attorney directed the codifier to delete paragraph (11) of subsection (d) as superseded by 11 29.8. Annotations —For enae decided prior to ennetment by Char. ter Amondment No. n of 1979 of a enmpetilive-hiddinq re• quirempnt rnr dippmiLinn of city prnpwrty. nee Mahoney T. Givens, 64 Sit. 2d 928. Snid cape held that competitive bidding 1s not required to Irmw city real estate. Material variance between pinna hid upnn and plans nu)w mined and arinpir i renders contract void, Glntittein Y. City of Miami. 399 So. 2d 1006. � Sapp. No. 29 i 5ubpt. A Sec. 29-0. City -owned property sale or lease -- Generally. Notwithstanding any provision to the contrary cantrtined in this Charter or the City Code, except for Lite conveynttce or disposition or city -owned property implementing city-attgisted hnttaing pro• grams or projects which are intended to benefit persons or households with low and/or moderate Income by providing housing for such persona or househoids, such m, but not limited to, those filnded programs or projects undertaken, pursuant to the Federal Ilousing Act of 1937 and the Florida Nous. ing Act of 1972. as those statutes may be amended or revised from time to time. implementing city - assisted housing programs as may be authorized by federal or state law, implementing prnjecLa authorized under Uie Florida Community Rede. veiopment Act of 19G9, And implementing pro- jects of any governmental agency or instrumen- tality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by Cite city unless there in n re. turn to the city of fnir market value under such proposed sale or lease. The city commission is ciao hereby prohibited from favorably consider. ing any sale or lease of city -owned property un- less (a) there shall have been. prior to the date of Lite city commission's consideration of such sale or lease, an advertisement soliciting proposals fnr snid sale or tense published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or les- sees, said advertisement to be no less than one- fourth (y4) page and the headline in the adver. tisement to be in a type no smaller than I8-point and, (b) there shalt have been at least three (3) written proposals received from prospective pur. chasers or lessees; however, if there are less than three (3) such proposals received and if the guar- anteed return under the proposal whose accep. tance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in Uie city's best interest then, subject to the Approval of a majority of the votes cast by the electorate at a referendum, Uie sale or lease may be consummat. ed. As a further exception to the nbove require. ments and any outer requirement for competitive 92~ 649 C-5 Suhpt. A 4 C11AATr..n I e bidding procedures to be aped in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements where the intended use of suc), property or interest therein is in further• once or the objective of providing rental or sales housing within the economic affordabiiity range of low and/or moderate income families and/or individuals. In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Char. Amend. No. 2, Sec. 29-C. Same —Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement. revocable use permit. or Iicense agree• ment may be entered into for the management, ccaupnncy -or use or the area known as Watson Island unless (1) there shall have been. prior to the date of the city commission's consideration of such pale, iesse. management ngreement. revo. cable permit or license agreement. an advertise. ment soliciting propeaaia for said axle, tease. man. agement agreement, revocable permit, or Iicense agreement published in a daily newspaper of gen- eral paid circulation in the city, allowing not less than ninety (90) days for the city's receipt or pro. posala from prospective purchasers or lessees, said advertisement to be no Iess than one-fourth page and the headline in the advertisement to be in a type no smaller than I8-point; and, (2) the pro. posed transaction be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. The procedures for selection of propoinis shall be those provided by Charier section 29A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall effect the existing rights or -privileges. if any, of any lessee, permitte,% Iicensee or concessionaire curreritly sit. uated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compli- ance with the provisions of this amendment. This Charter Amendment shall not affect the city's Supp. No. 29 use or occupancy of the area. nor #halt it apply to contracts far the construction of tiny city fneilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. (Char. Amend. No. 1. 11.3-67) Sea 30. Local Improvements. (n) Drl7nitinnv diaissions intn-clastet In thin section the following words and phraaes shnil have ~' the following meanings, unless Borne other mean• ing is plainly intended: The main divisions of this section are some- times herein termed parorgraphA and the divisions of paragraphs are sometimes herein termed subparagraphs. A local improvrment is an improvement defined by this section and made under the provisions thereof. The word conrnriation shAIi he deemed to refer to the city commission of the City of Miami. A hiahraay is a public wny such As it street, bocrlevard, svonue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway. A storm seiner is a conduit above or below ground for the passage of stoma water. including a pump. ing sintion and outlet where deemed necessary; it may also include the building of culverts over streams or enclosing of streams where necessary or advisable to carry off storm water. A sanitary server is an underground conduit for the pnasnae of sewnRe and mny include a pump. ing station and outlet where necessary. 92•- 649 C-6 n n i�i V P1 f F 11 If i it f 1 16.62.7 0 MIAMI COUP; rights. In the event of much cancellation or rejec• lion. the chief procurement officer shall promptly notify all affected bidders or offerors and make iva'table to them a copy of the written explana• Lion for such cancellation or rejection, which shall bg it public record. (Ord. No. 9572, 1 1, 2.10.83) $ee. I"2.8. Sole -source contracts. (a) Conditions (or use Since it is not practice• ble for the city to use competitive bidding moth• ods to secure goods or services if there is any one (1) reasonable source of supply, sole ;source awards may be made as an exception to the other meth- ods prescribed in this section under the following circumstances: (1) Where the ,compatibility of equipment, acces- sories, or replacement parts permits one (1) reasonable source of auppiy; (2) Where the Roods or services available from a single source are needed for Lrinl use or test• ing; and (3) Where the crnique and specialized expertise of one (1) source of services is unlikely to be obtained from any other source. (b) Determination and approval The determi. nation that an award shall be made on a hole. source basis shall be made by the chief procure. ment oiricer to the city manager. Such determination shall be made in writing and provide complete justification as to why no other sources of goods or services could be obtained to meet the city's requirements. The determination shall also cer. tify that the terms and conditions of the award have been negotiated so as to obtain the most favorable terms and conditions, including price, as may be o(Tered to other customers or clients by the proposed contractor. The city manager may waive competitive bidding after he makes a wTft. ten finding, supported by reasons, that only one (1) reasonable source of supply exists. Such find. ing must be ratified by an at£irmative two-thirds ME) vote of the city commission after a properly advertised public hearing. (c) Public notice and disclosure Notice that the city intends to award a sole -source contract shall be published at least once in a newspaper of men. eral circulation in the city prior to contract award. Supp. Na IQ J ! 18•02.9 but in any event at least rineen (15) calendar days shall intervene between the last date of pub. licadon and the date of award. Such notices shall state the intention to award a sole -source con• tract, the nature of goods or services to be at. quired, the name of the proposed contractor, and the nnme and telephone number of a cognizant city official who may be contacted by other poten• tial sources who feel they miitht be able to satiary the city's requirements. A record of auch notices and responses thereto xhall be maintained in the contract rile along with the written determina- tion required above, and a compilation of all sole source awards shall be submitted by the city man• ager to the city commission on a quarterly basis to include: (1) The name of the sole -source contractor; (2) The nature of tiie goads or services procured; (3) The reasons no other gnurce could satisfy city requirements; (4) The amount and type of contract: and (5) The identification number for each contract file. (Ord. No. 9572, 1 1, 2.10.83) Sec. 18-52.9. Unified development projects. (a) DcTnRions. For the purposes of thin article FV, the following terms shall have the following meanings: Unified development prnjecl shall mean a proj- ect in which an interest in real property is owned or is to be acquired by the city, which is to be used for the development of improvements, and as to which the city commission determines that for the development of said improvements it is most advantageous to the city that the city procure from a private person, as defined in the Code of the city, one (1) or more of the following inte. grated packages: (1) Planning and design, construction, and leas. ing; or (2) Planning and design, leasing, and manage. ment; or (3) Planning and design, construction, and man. agement; or C-7 92` 649 ig yZ,g 1rfNANC£ I I B•G3.9 (4) Planning and design, construction, leasing (7) The contract terms and condiUnns, inciud• and management. ing warranty and bonding or other aecu• (b) Conditions for use. A unified development city requirements as may be fixed and applicable; project shall be used in those circumstances in which the city commission by resolution deter- (8) The extent or the city'a proposed commit. mines that for the development of improvements meat of funds, property, and services; it is most advantageous to the city that the city (9) The definition of the terms "substantial procure an integrated entity as defined in section increase" and "material alteration" that 1$ 52.9(&). So long as the person from which the will apply to the project in accordance with city procures one (1) of the above -mentioned inte. section 53(eXiv) or the Charter of the city; ' grated packages provides all of the functions listed for that package, ouch person need not provide (10) A reservation or the right to reject ail pro• each listed function for the entire unified devel- pasn)s and or the right or terminntion re• -• opment project nor for the same part of the uni. ferred to in section 53(eXiv) of the Charter fled development project. of the city; (e) Requests for proposals. A request for pro- (11) The date. time and place at which any " posals shall be issued which generally defines the preproposal conferences may be held and nature of the project, the uses the city is seeking whether attendance at such conferences is for the project, and the estimated allocations of a condition for ofYering proposals; and land for each use. The request for proposals shall (12) The place where any documents incorpo. also include the following. rated by reference may be obtained. (1) Inatructions and information to offerors con- Y cerning the proposal submission require. Before issuing a request for proposals, there shalt ments, including the time and date set for be a public hearing, after public notice, at which receipt or proposals, the address of the of. the commission shall consider. face to which proposals are to be delivered,, (1) The contents of the request for proposals for the maximum time for proposal acceptance the subject unified development project; by the city, and any other special information; (Z) The selection of a certified public accounting ...., (2) The specific parcel of land contemplated to firm, which shall include at least one (1) mem- be used or -the geographic area the city ber with previous experience in the type of desires to develop; development in question; and (3) The specific criteria which shall be used to (3) The recommendations of the city manager evaluate competing proposals by the below• for the appointment of persons to serve on mentioned certified public accounting firm; the review committee- Said review commit. (4) The specific evaluation criteria which shall tee shall consist of an appropriate number of be used to evaluate competing proposals by city oMcials or employees and an equal num. the below -mentioned review committee; ber plus one (1) of members of the public, whose names shall be submitted by the city (5) A statement that written and oral discus- manager no fewer than five (b) days prior to sions may be conducted with offerors who the above -mentioned public hearing. submit proposals determined to be reason• ably susceptible or being selected for award, At the conclusion of the public hearing, the com. but that proposals may be accepted as sub• mission shall authorize the issuance of a request mitted without such discussions; for proposals. *select a certified public accounting firm, and appoint the members of the review com- (6) A statement of when and how financial mittee only from among the persons recommended considerations and return to the city should by the city manager. be submitted; Supp. No.10 92- 649 , C-8 "lam i 168:.9 MIAMI CODE s l� f►2.9 (d) Developer lists. Developer lists may lac cam• be limited to, the nnme of ench offeror and n plied to provide the city with the names of devel• �tummnry description auRicicnt to identify the proj• opers who may be interested in competing for ect. The register of proposals shall be open to various types of city projects. Unless otherwise public inspection. provided, inclusion or exclusion of the name of a (h) Minority participalinn. The city s minority developer does not Indicate whether that devet• procurement program shaft be referred to in the oper is responsible with respect to a particular requests for proposals and shall Reply to the award.- procurement or otherwise capable of successfully performing a particular city project. ing of contracts for unified development projects. P (a) Public notice Notice inviting proposals shalt (i) Evaluation of proposalt The procedure for the selection of an integrated package proposal be published at least once in a newspnper of gen• shall be as follows: seat circulation in the city to provide n reason- able time for proposal preparation considering the (1) All proposals shall be analyzed by a certified content and complexity of the anticipated scope of public accounting firm appointed by the com- work. In any event, at least fifteen (15) days shall mission based only on the evaluation criteria intervene between the last date of publication applicable to said certified public accounting and the final date for submitting proposals. Such firm contained in Uie request for proposals. r notices shall state the general description of the Said certified public accountings firm shall scope of work, the place where a copy of the re- render a written report of its findings to the quest for proposals may be obtained, and the time city manager. man-and place for receipt of proposals. The city ager mnv, -in addition, solicit proposals from all responsible prospective developers listed on a cur- proposal based only on the evaluation criteria applicable to said review committee contained rent developers Iist by sending them copies of the public notice to acquaint them wiUi the proposed in the request for proposals. Said review com- procurement, mittee shall render a written report to the city manager of its evaluation of each propo- M Preproposal cenferenccs Prepropossal confer• sal, including any minority opinions. ences may be conducted to explain the require. ments of the proposed procurement. They shalt be (3) Taking into consideration the findings of the announced to all prospective developers known to aforementioned certified public accounting firm, have received a request for proposals. The confer- the evaluations of the aforementioned review ence should be held long enough after the request committee, and the degree of minority panic• for proposals has been issued to allow developers ipation in city contracts, the city manager to become familiar with it but sufficiently before shall recommend one (1) or more of the pro - proposal submission to allow consideration of the posals for acceptance by Uie commission, or conference results in preparing proposals. Noth. alternatively, the city manager may recom• ing stated at the preprvposal conference shall change mend that all proposals be rejected. If there the request for proposals unless a change is made are three (3) or more proposals and the city by written amendment. A summary of the con• manager recommends only one (1), or if he ference shall be supplied to all those prospective recommends rejection of all proposals, the city developers known to have received a request for manager shall state in writing the reasons proposals. jr a transcript is made, it shall be a for his recommendation. In transmitting his public record. recommendation or recommendations to the commission, the city manager shall include (g) Receipt of proposals Proposals shall be opened the written reports, including any minority publicly in the presence of two (2) or more city opinions, rendered to him by the aforemen- officials. After the closing date for receipt of pro• tioned certified accounting firm and review posals, a register of proposals shalt be prepared committee. by the city manager which shall include, but not Supp. Na 10 92- 649 C-9 } IS•G2.9 FINANCE` 1 18•ff1 (j) Award Ali contracts for unified development based on various performance factors and es. ' - projects shall be awarded to the person whose mistion clauses or other economic adjustments proposal is most advantageous to the city, as de- may be included as appropriate to serve the termined by the commission. best interests of the city in achieving the .1 The commission may accept any rscommenda- most economical cant. -act performance. tion of the city manager by an affirmative vote of a (2) Cost -reimbursement contracs Cost-reirn- majority of Its members. In the event the corn. bursement contracts shall ordinarily be used mission does not accept a proposal recommended for those purchases on goods and services or by the city manager or does not reject all propos. sales and leases where the terms, conditions, als. the commission shall seek recommendations specifications and other (actors of the contract directly Crom the aforementioned review commit• cannot be specified with a high degree orcer. tee. which shall make a recommendation or rec. tainty or the use of fixed -price contracts is ommendations to the commission taking into ac• not likely to result in submtantial competi- count the report or the aforementioned certified Linn between bidders nr of erocs willing to public accounting rirm and Lie evaluation criteria compote for the convact. Incentives bn•ed on apecifled for the review committee in the request various performance factors and escalation tar proposals. clauses or other economic adjustments may After receiving the direct recommendations of be included its appropriate to serve the best the review committee, the commission shall, by interests or the city in achieving the most an affirmative vote or a majority or its members: economical contract performance. (1) Accept any recommendation of the review com- mittee; or (2) Accept any previous recommendation or the city manager-, or (3) Reject all proposals. All cunt. -acts for unified development projects shall be signed by the city manager or his desig. nee after approval thereon as to farm and correct- ness by the city attorney and approval by the city commission. (Ord. No. 9572. f 1. 2-10-83) MY code erosw reference —Minority participation in uni• Ged development, contract. 1 18-:: . Sec. 18-53. Types of contracts. (a) Subject to the limitations or this section, any type on contract which will promote the best interests or the city may be used except that the use of a cost-plus contract is prohibited. (1) Fired price controcs Fixed -price contracts shall ordinarily be used for those purchases or goods and services or sales and leases where the terms. conditions. specifications and other fac. tors of the contract can be specified with a high degree of certainty and where use on a fixed -price contract will result in nubattantial competition between bidders or ofi'erors will• ing to compete for 'the contract. Incentives Supp. No. 10 Blanket orders The chief procurement officer or individual purchasing agents may is.-tue purchase orders ror indeterminate amounts of repair parts, supplies and services to the account or any department or office, but only when based upon a definite contract or price agreement which shall be negotiated in the same manner as if the item to be purchased thereunder were to be Individually purchased or contracted ror under the provisions or arti- cles IV and V of this Code. Such orders shall state a spe=ific monetarf unit which may not be exceeded except on written approval by the chief procurement officer. (4) Multiyear contracts (i) Unless otherwise provided by law, a con. t•-act, for suppiies or services. sales, or leases may be entered into for any period of time deemed to be in the best interests or the city, provided that the term of the contract and conditions for renewal or extension. if any, are included in the in- vitation for bids or request for proposals, and provided that funds are available tar the first fiscal period at the time of con. tract award. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and 92-- 649 C-10 Owl `t 1 " ads 1 rY k ; t t l 4 } a YR �1 r 1 F L �•�� CAT_ 1.1 �3 J-90-606 4/9/91 P. 2 91 AUG -2 AM 11: 53 ORDINANCE NO- 10875 •' :,• ; '`"",` AN ORDINANCE, RELATED TO HISTORIC PRESERVATION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY ADDING A NEW CHAPTER 23.1 ENTITLED "HISTORIC PRESERVATION+'= PROVIDING FORI INTENT AND PURPOSE; DEFINITIONS; HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD; PRESERVATION OFFICER; DESIGNATION OF HISTORIC SITES, HISTORIC DISTRICTS, AND ARCHEOLOGICAL ZONES; CERTIFICATES OF APPROPRIATENESS; AND ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES; FURTHER, AMENDING CHAPTER 62, BY DELETING THE EXISTING ARTICLE VII ENTITLED "HERITAGE CONSERVATION BOARD" AND SUBSTITUTING IN LIEU THEREOF AN ENTIRELY NEW ARTICLE VII ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD;" PROVIDING PORI ESTABLISHMENT; MEMBERSHIP; FUNCTIONS, POWERS, AND DUTIES, GENERALLY; PROCEEDINGS; COMPENSATION; AND PRESERVATION OFFICER; CONTAINING A REPEALER PROVISION, SEVERABILITY, CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Heritage Conservation Board, at its meeting of June 19, 1990, item No. 7, following an advertised hearing, adopted Resolution HC-90-19 by a vote of 7 to 0, RECOMMENDING APPROVAL of amending the Code of the City of Miami, Florida, as hereinafter set forth, but further recommending that the name of the Board be changed from "Preservation Board" to "Historic and Environmental Preservation Board"; and WHEREAS, per Motion 90-237, dated March 27, 1990, the City Commission directed the administration to initiate legislation transferring responsibility for future designation of historic properties from the Zoning Ordinance to the City Code, thereby giving the Heritage Conservation Board the authority to designate historic properties, with appeal to the City Commission; and WHEREAS, the Miami Planning Advisory Board, at its meeting of June 20, 1990, item No. 2, following an advertised hearing, adopted Resolution No. 47-90 by a vote of 5 to 0, RECOMMENDING APPROVAL of amending the Code of the City of Miami, Florida, as hereinafter set forth and as amended by the Heritage Conservation Board; and 10875 92- 649 r WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend f' the Code of the City of Miami, Florida, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIOK OF THE CITY i OF MIAMI, FLORIDAt Section I. The Code of the City of Miami! Florida, is hereby amended by adding a new Chapter 23.1, entitled "Historic Preservation," to read as followsll/ "CHAPTER 23.1 HISTORIC PRESERVATION Sec. 23.1-1. Intent and purpose. (A) The intent of this chapter is to preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, -adaptive use, restoration, and public awareness of: Miami's historic, architectural, and archeological resources. This chapter is further intended to: (1) Effect and accomplish the protection, enhancement, perpetuation, and use of structures, landscape features, archeological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city,s historic, cultural, archeological, aesthetic, and architectural heritage; (2) Foster civic pride in the accomplishments of the past; (3) Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; (4) Stabilize and improve property values in neighborhoods and in.the city as a whole; (5) Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy; (6) Promote the use of historic sites, historic districts, and archeological zones for the education, pleasure, and welfare of the people of the City of Miami. (B) The purpose of this chapter is to: (1) Provide the framework and legal mechanism for identifying and designating those properties that have major significance in the city's historic, cultural, archeological, aesthetic, and architectural heritage; (2) Assure that alterations and new construction within designated historic sites, historic districts, 1/ Asterisks indicate omitted and unchanged material. 92- 649 -2- 1 A tir. "1 4Ur- 2--co i Ga r i i : ?4 P and archeological zones are compatible with the property's historic character. Sec. 23.1-2. Definitions. The following definitions shall apply only to this Chapter, Alteration. Any change affecting the exterior appearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance involving change in color, form, texture, signal or materials, or any such changes in appearance of designated interiors. _ Applicant. The owner of record of a property and/or structures located thereon, or his legal representative. Application, complete. An application for approval sought pursuant to this Article shall be deemed pot complete if it is on a form approved by the city, and ti all applicable information is provided by the applicant on the form, or attachment(s) as necessary, at the time of its filing and it has been reviewed and signed by the appropriate official and if all required'fees are paid. In the event a complete application has not been _ heard by the appropriate board within 90 days of filing, it shall be deemed withdrawn and a new application must be filed. VArcheological conservation area. A geographically defined area delineated in the Miami Comprehensive Neighborhood Plan on the Future Land Use Plan Map Series entitled "Historic District Boundaries and ! j Historically Significant Properties • Meriting Protection.~ Archeological zone. A geographically defined area which may reasonably be expected to yield information on local history or prehistory based upon broad prehistoric or historic settlement patterns. Archeological site. A single specific location which has yielded or is likely to yield information on local t� history or prehistory. Archeological sites may be found within archeological zones, historic sites, or hi.atoric districts. Certificate of appropriateness. A written document, issued pursuant to this chapter, permitting specified alterations, demolitions, or other work. Contributing structure/landscape feature. A structure or landscape feature which by location, design, setting, materials, workmanship, feeling, and association adds to the sense of time and place and historical development of a historic site or historic district. Demolition. The complete destruction of a structure, or any part thereof. J.. Designated property; designated historic site; designated historic district; designated archeological zone. A historic site, historic district, or archeological zone designated pursuant to either this chapter or article 16 of ordinance 9500, the previous Zoning Ordinance of the City of Miami, Florida, as amended, and shown in the Historic and Environmental Preservation Atlas. 92- 649 10875 f -3- } Ground disturbing activity. Any excavation, filling, digging, removal of trees, or any other activity that may alter or reveal an interred archeological site. Historic district. A geographically defined area possessing a significant concentration, linkage, or continuity of sites or structures united historically or aesthetically by plan or physical development. R� Historic site. A geographically defined area containing a structure or site, or a historically related complex of structures or sites, which has a special character or a special historic or aesthetic interest or value as part of the heritage of the city. Landscape feature. Vegetation, geological features, ( ground elevation, bodies of water, or other natural or environmental features. Ordinary maintenance or repair. Any work, the purpose and effect of which is to correct any deterioration or decay of a structure or landscape feature, or any part thereof, by restoring it, as nearly as may be practicable, to its condition prior to such deterioration or decay, using the same materials or those materials available which are as close as possible to the original. Historic and Environmental Preservation Atlas. The Official Historic and Environmental Preservation Atlas of the city of Miami, Florida, which shows all designated historic sites, historic districts, and archeological zones. Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. Relocation. Any change of. the location of a structure in its present setting or to another setting. Restoration. The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. site. The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Structure. Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having fixed location on the ground. Unreasonable or undue economic hardship. An onerous and excessive financial burden that destroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income producing properties. _4_ 10875 92- 649 F' • L7 !S Sec. 23.1-3. Historic and environmental preservation board; preservation officer. The Historic and Environmental Preservation Board (hereinafter referred to as the "board") 'and the Preservation Officer, as established pursuant to sections 62-10 and 62-15 of the Miami City Code, shall carry out the duties as assigned by this Chapter. SAC. 23.1-4. Designation of historic sites, historic districts, and archeological tones. (A) Criteria for designation. properties may be designated as historic sites, historic districts, or archeological zones only if they have significance in the historical, cultural, archeological, aesthetic, or architectural heritage of the city, state, ok nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and sheet one (1) or more of the following criteria: (1) Are associated in a significant way with the life of a person important.in the past; or (2) Are the site of a historic event with significant effect upon the community, city, state, or nation; or (3) Exemplify the historical, cultural, political, economic, or social trends of the community; or : (4) Portray the environment in an era of history characterized by one (1) or more distinctive architectural styles; or (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction; or (6) Are an outstanding work of a prominent designer or builder; or (7) Contain elements of design, detail, materials, or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment; or (8) Have yielded, or may be likely to yield, information important in prehistory or history. K (B) Procedures for designation. Properties which meet the criteria set forth in section 23.1-4(A) may be designated as historic sites, historic districts, and archeological zones according to the following procedures: (1j Proposals and preliminary evaluation. Proposals for designation may be made to the board by any one (1) of its members, the City Commission, the planning, building and zoning . department, any other city department, agency, or board, the Metropolitan Dade County Historic Preservation Board, or any interested citizen. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in section 23.1- 4(A)j and shall, if appropriate, direct the planning, building and zoning department to prepare a designation report. The board may require the party initiating such proposal to provide any necessary d9c umentation, and to pay a:ty applicable fees. 92— 649 -5- 10875 !'1 1 (2) Preparation of designation report. For every proposed historic site, historic district, and archeological zone, the planning, building and toning department shall prepare a designation report containing the following information: (a) Designation rep-)rt. The designation report shall contain a statement of the historic, architectural, and/or archeological significance of the proposed historic site, historic district, or archeological zone; the criteria upon which the designation is based; a physical description of the property; an identification of contributing otructures and/or landscape features; present trends and conditions; and incentives to encourage preservation, rehabilitation, or adaptive use. (b) Boundaries. The designation report shall include a map or maps indicating proposed boundaries. Boundaries for historic sites shall generally include the entire property or tract of land, unless such tract is so large that portions thereof are visually and functionally unrelated to any contributing structure or landscape feature. Historic district boundaries shall in general be drawn to include all contributing structures reasonably contiguous within�an area and may Include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district. Archeological zone boundaries shall generally conform to natural physiographic features which were the focal points for prehistoric and historic activities or may be drawn along property lines, streets, or geographic features to facilitate efficient management. (c) Interiors. Interior spaces that have exceptional architectural, artistic, or historic importance and that are customarily open to the public may be subject to regulation under this chapter. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines j for such regulations. Interior spaces not so described shall not be subject to review under this chapter. (3) Notice and Public hearing. The board shall --, conduct a public hearing to determine whether the proposed historic site, historic district, or 1 archeological zone meets the criteria set forth in section 23.1-4(A) and shall approve, amend, or deny the proposed designation. The board may rehear proposals based • upon policies set forth in its rules of procedure. All public hearings on designations conducted by i the board and hearings on administrative appeals of board decisions regarding designations shall be noticed as follows: r (i) the owner of property or his designated agent or attorney, if any, which is the subject of such i designation shall be notified by mail at least thirty (30) days prior to the board's meeting and fifteen (is) prior to subsequent administrative appellate hearings. The owner shall receive a copy of the Designation Report unless there are more than twenty (20) owners, in which case the notice shall state that a copy is available and where it may be obtained. 92` 649 i 10875 j be in a newspaper (it) An advertisement shall placed of general circulation at least ten (10) days prior to the hearing. shall be posted pursuant to section Signs Siii)) 2-5$(2)(a)I as amended, of the Code of the City of Miami, Florida. (iv) Notice of the time and place of the' public hearing by the board, or city commission, as the case may be, shall be sent at least ten (10) days in advance of the hearing by mail to all owners of property within three hundred seventy-five (375) feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee as set forth in section 62-61 for the mailing. For the purpose of this requirement, the names and addresses of owners shall be deemed those appearing on the property latest tax rolls of the city. The Preservation Officer, or his/her designee, shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his certification by the placing in the mail system of the United States on the date certified the herein required notice; the certification shall be conclusive of the giving of said notice; in the case of 1 condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, as the case may be, shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this subparagraph. (4) Historic and Environmental Preservation Atlas. Historic sites, historic districts, and archeological zones designated pursuant to section (3) above shall be shown in the official Historic and Environmental Preservation Atlas of the City of Miami, Florida. one (1) member (5) Appeals. The property owner, any of the City Commission, the planning, building and zoning department, or any aggrieved party may appeal to the City Commission any decision of the board on matters relating to designations by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards division of the planning, building and zoning department, with a copy to the preservation officer. Said notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee as set forth in section 62-62. The City Commission all facts material to the shall hear and consider appeal and render a decision promptly. The City Commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths (3/5ths) vote of all members of the City Commission. Appeals from decisions of the•City Commission may be made to the courts a8 provided by the Florida Rules of Appellate Procedure. The provisions of section 23.1-5 shall remain in effect during the entire appeal process, unless stayed by a Court of competent jurisdiction. (6) Amendments. The board may amend any designation as set forth in this by following the same procedures section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. -7- 10875 9?r 649 F• @: -9 11 L'i (ii) An advertisement shall be placed in a newspaper of general circulation at least ten (10) days prior to the hearing. (iii)) Signs shall be posted pursuant to section d2-55(2)(a), as amended, of the Code of the City of Miami, Florida. (iv) Notice of the time and place of the' public hearing by the board, or city commission, as the case may be, shall be sent at least ten (10) days in advance of the hearing by mail to all owners of property within three hundred seventy-five (375) feet of the property lines of the land for which the hearing is required. The applicant shall be charged the appropriate fee as set forth in section 62-61 for the mailing. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the city. The Preservation Officer, or his/her designee, shall certify at the time of the. public hearing that notice as herein required was given to the persons as named and with addresses shown on his certification by the placing in the mail eyetem of the United States on the date certified the herein required notice; the certification shall be conclusive of the giving of said notice; in the case of condominiums, notice will be sent solely to the condominium association. No action taken by the board, or the city commission, as the case may be, shall be voided by the failure of an individual property owner or property owners to receive notice pursuant to this subparagraph. (4) Historic and Environmental Preservation Atlas. Historic sites, historic districts, and archeological zones designated pursuant to section (3) above shall be shown in the Official Historic and Environmental Preservation Atlas of the City of Miami, Florida. (5) Appeals. The property owner, any, one (1) member of the City Commission, the planning, building and zoning department, or any aggrieved party may appeal to the City Commission any decision of the board on matters relating to designations by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards division of the planning, building and zoning department, with a copy to the preservation officer. Said notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee as set forth in section 62-62. The City Commission shall hear and consider all facts material to the appeal and render a decision promptly. The City Commission may affirm, modify, or reverse the board's decision. Any decision to reverse the board's decision shall require a three -fifths (3/5ths) vote of all members of the City Commission. Appeals from decisions of the'City Commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. The provisions of section 23.1-5 shall remain in effect during the entire appeal process, unless stayed by a Court of competent jurisdiction. (6) Amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. 9ew- 649 -7- 10875 P. 09 (C) Effect of designation. Upon designation, thereafter, the provisions of section 23.1-5 shall apply. Sec. 23.1-5. Certificates of appropriateness. (A) Certificates of appropriateness, when required. A certificate of appropriateness shall be required for any new construction, alteration, relocation, or demolition within a designated historic site or historic district. A certificate of appropriateness shall be required for any ground disturbing activity within a designated archeological site or archeological zone or within an archeological conservation area. No permits shall be issued by the planning, building and zoning department for any work requiring a certificate of appropriateness unless such work is in conformance with said certificate. (B) procedures for issuing certificates of appropriateness. (1) Pre -application conference(s). Before submitting _} an application for a certificate of appropriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, "~ surveys, and other data. At the request of the applicant, the preservation officer, or any member of the board, an additional pre -application conference shall be held between the applicant and the board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and design guidelines in cases that may not conform to established objectives and „^ guidelines. 2n no case, however, shall any statement or representation made prior to the official application review be binding on the board, the City Commission, or any city department. (2) Application for certificate of appropriateness. The applicant shall submit to the preservation officer an application together with supporting exhibits and other materials required by the rules of procedure of —, the board. No application shall be deemed to be complete until all supporting materials required have been provided and any established fees paid. (3) Standard certificates of appropriateness. Where the action proposed in an application is a minor improvement, as specified by the rules of procedure of the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth in section 23.1-5(C), the preservation officer shall, within ten (10) calendar days of receipt of the complete application, issue a standard certificate of appropriateness, with or without conditions, indicating in writing conformity with said guidelines. Following such approval, permits dependent upon it may be issued if otherwise lawful. (4) Special certificates of appropriateness. Where the action proposed in an application involves a major alteration, relocation, or demolition, as specified by the rules of procedure of the board, or where the preservation officer finds that the action proposed in an application involving a minor alteration is not.; 92- 649 -e- 10875 clearly in accord with the guidelines as set forth in sectiorn 23.1-5(c)r the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern. The applicant may also request that his application be classified as a special certificate of appropriateness. (a) Public hearing. When a complete application is received, the preservation officer shall place the agplicats<in on the next regularly scheduled meeting of t e board. The board shall hold a public hearing with notice of the application and the time and place of the hearing as follows: (i) The applicant shall be notified by mail'at least ten (10) calendar days prior to the hearing. (iiAny individual or organization requesting such notification and paying any established fees therefor shall be notified by mail at least ten (10) calendar days prior to the hearing. (iii) An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. (iv) Any additional notice deemed appropriate by the board. (b) Decision of the board. The decision of the board shall be based upon the guidelines set forth in section ` 23.1-5(C), as well as the general purpose and intent of this chapter and any specific design guidelines officially adopted for the particular historic site, historic district, or archeological zone. No.decision of the board shall result in an unreasonable or undue economic hardship for the owner. The board may seek technical advice from outside its members on any application. The decision of the board shall include a complete description of its findings, and shall direct one (1) of the following actions: t C. t (i) Issuance of a special certificate of appropriateness for the work proposed by the applicant; or (ii) Issuance of a special certificate of appropriateness with specified modifications and conditions; nr (iii) Denial of a special certificate of appropriateness, subject to the limitations in section 23.1-5(C)(2)(a); or (iv) Issuance of a special certificate of appropriateness with a deferred effective date up to six (6) months in cases of demolition or relocation of a contributing structure or landscape feature, pursuant to the provisions of sections 23.1-5(C)(2), (3), and (4), or up to forty-five (45) calendar days for any work potentially affecting an archeological site, archeological zone, or archeological conservation area, pursuant to the provisions of sections 23.1-5(C)(5). (c) Time limitations. If no action is taken upon an application by the board within sixty (60) calendar days, excluding those days within the month of August, from the receipt of a complete application, such application shall be deemed to have been approved; and the preservation officer shall authorize issuance of any permit dependent upon such certification, if 649 �0 1 SAT l i G -We .P . 1 1 otherwise lawful, recording as authoriv.ation the provisions of this section. This time limit may be waived at any time by mutual consent of the applicant and the board. (d) Records. written copies of all decisions and certificates of appropriateness shbil be filed with the planning, building and zoning department. (e) Appeals. The applicant, the planning, building and zoning department, or any aggrieved party may appeal to the City Commission any decision of the board on matters relating to certificates of appropriateness by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards division of the planning, building and zoning department, with a copy to the preservation officer. Said notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee established by the City Commission to cover the cost of publishing and mailing notices of the hearing. The City Commission shall hear and consider all facts material to the appeal and render a decision promptly. The City -Commission may affirm, modify, or reverse the board's decision. The decision of the City Commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the City Commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. (f) Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the preservation officer. If the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a special certificate of appropriateness shall be required. (g) Conditional uses and deviations. The board shall issue special certificates of appropriateness for conditional uses, and deviations, pursuant to the provisions of Article 7 of Ordinance 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. (5) Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period. (C) Guidelines for. issuing certificates of appropriateness. (1) Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in section 23.1-5(A), the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring 92- 649 -10- 10875 S. — T 1 1 : Structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, 4 architectural or aesthetic interest or value of the overall historic site or historic district. Except where special standards and guidelines have been specified in the designation of a particular historic Bite or historic district, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic site or historic district, decisions relating to alterations or new construction shall be guided by the U. S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." (2) Demolition of existing structures. (a) The board shall have authority to deny a demolition permit only where such authority is provided as a condition of granting a conditional use or Ideviation under the provisions of section 704.4.4 of ordinance 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. rn (b) Except as provided in (a) above, the board may grant a certificate of appropriateness with a delayed effective date up to six (6) months. The In effective date shall be determined by the board based upon the relative significance of the structure, the probable time to arrange an alternative to demolition, and whether the applicant has made a clear determination of unreasonable or undue economic hardship, (c) During the demolition delay period, the board may take such steps as it deems necessary to preserve the structure concerned, in accordance with the intent and purpose of this article. such steps may include, but shall not be limited to, consultation with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public In or private bodies or agencies, and exploration of the possibility of relocating the subject structure. (d) During the demolition delay period, the owner shall permit access to the subject property for the purpose of appraisals and inspections required by the board. If the board finds that the owner has refused a "bona fide" offer to purchase or otherwise provide compensation for the subject structure or property for fair market value by any public or private person or agency which gives reasonable assurance of its willingness to preserve such structures on its original site or on a site approved by the board, it may invalidate the certificate of appropriateness, following a public hearing. (e) The board may require, at the on applicant's expense,. salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the YIN recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings. 1 10875 92- 649 -11- (3) Relocation of existing structures. Relocation of historic structures from their original location shall be discouraged; however, the board may grant a certificate of appropriateness if it finds that no reasonable alternative is available for preserving the structure on its original site and the proposed relocation site is compatible with the historic and architectural character of the structure. The board may issue a certificate with a delayed effective date up to six (6) months in order to explore alternatives to relocating the structure in question. (4) Removal of landscape features. (a) No certificate of appropriateness shall be granted for removal, relocation, concealment or effective destruction by damage of any contributing landscape features identified in the designation report unless one (1) of the following conditions existst (i) The landscape feature is located in the buildable area or yard area where a structure may be placed and unreasonably restricts the permitted use of the property; or (ii) The landscape feature is inappropriate in a historic context or otherwise detracts from the character of the historic site or historic district; or (iii) The landscape feature is diseased, injured, or in danger of falling; unreasonably interferes with utility service; creates unsafe vision clearance; or conflicts with other applicable laws and regulations. (b) As a condition of granting the certificate of appropriateness, the applicant may be required to relocate or replace identified landscape features. (5) Ground disturbing activity in archeological zones, archeological sites, or archeological conservation areas. (a) No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the Dade County Archeologist has reviewed the application and made.his recommendation concerning the required scope of archeological work. The board may require any or all of the following: (i) Scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved by the board. (ii) An archeological survey at the applicant's expense conducted by an archeologist approved by the board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the archeological site. (iii) Proposal for nkit:igation measures. (iv) Protection or preservation of all or part of the archeological site for green space, if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property. (b) The board may issue a certificate of appropriateness with a delayed effective date up to 92- 649 -12- 10875 I : -1 Q / 1 .4 forty-five (45) calendar days to allow any necessary site excavation or assessment. (C) The Dade County Archeologist shall assist the board by providing review of any professional archeological surveys and excavations conducted pursuant to a certificate of appropriateness. Sec. 23.1-6. Administration, enforcement, violations, and penalties. (A) ordinary maintenance and repair. Nothing in this Chapter shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features. (B) Enforcement of maintenance and repair provisions. When the board or preservation officer determines that any designated property is endangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the city to require correction. of such deficiencies under authority of applicable laws and regulations. (C) Unsafe structures. In the event the Building Official of the City of Miami determines that any designated property is unsafe pursuant to section 202 of the South Florida Building Code, he shall immediately notify the board with copies of such findings. where reasonably feasible within applicable laws and regulations, the Building Official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendations of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with procedures in section 202 of said building code. (D) Emergency conditions. For the purpose of remedying emergency conditions determined to be Imminently dangerous to life, health, or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition, or other repairs to a designated properly, pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reasonably necessary to correct the emergency condition may be carried out. The owner of a structure damaged by fire or natural calamity may stabilize the structure i immediately and rehabilitate it later under the provisions of this Chapter. (E) Enforcement. The Planning, Building and Zoning department shall assist the board by making necessary inspections in connection with the enforcement of this Chapter. The Planning, Building and Zoning department shall be responsible for promptly stopping any work attempted to be done without or contrary to any certificate of appropriateness required under this chapter; and shall further be responsible for ensuring that any work not in accordance with a certificate of -13- 10875 92- 649 �G= 2-91 sot 11 t41 appropriateness is voluntarily corrected to comply with said certificate, (r) violations and penalties. Any person who carries out or causes to be carried out any work in violation of this Chapter shall be required to restore the designated property either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern. (1) Referral to the Preservation Board. The Planning, Building and toning department shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of appropriateness. (2) Preservation Board public hearing. The board shall conduct a public hearing with notice as set forth in section 23.1-5(B)(4)(a). (3) Decision of the Preservation Board. The board shall make findings'based upon the provisions of this section and the guidelines set forth in section 23.1- 5(C) and shall take one (1) of.the following actions: (a) Reaffirmation of a previously issued certificate of appropriateness; or (b) Issuance of an amended special certificate of appropriateness with specified modifications and conditions; or (c) Issuance of a new • special certificate of appropriateness with specified conditions. The board may specify a reasonable limitation of time within which the work authorized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of nny decision of the board shall follow the same procedures as set forth in section 23.1-5(B)(4)(e). (4) Referral to the Code Enforcement Board. If the work authorized by any certificate of appropriateness issued pursuant to section (3) above is not commenced and/or completed within the time specified, or if a subsequent violation of a certificate of appropriateness issued pursuant to this section is found, the Planning, Building and Zoning department shall initiate enforcement proceedings before the Code Enforcement Board pursuant to the provisions of section 2-394 of the Miami City Code. This remedy shall be in addition to and not in lieu of any criminal or civil prosecution and penalty that may be provided. (G) Conflicts. where there are conflicts between the requirements of this chapter and provisions of the zoning ordinance or other codes covering the same subject, the most restrictive requirements shall apply. (H) Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. 92- 649 -14- 108'75 Section 2. The Code of the City of Miami, Florida, is further amended by repealing existing Article VII of Chapter 62 in its entirety, and substituting in lieu thereof, an entirely new Article V1It to read as follows: "CHAPTER 62 ZONING AND PLANNING i R • ARTICLE VII. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD Sec. 62-70. Establishment. There is hereby established a board, to be known as the City of Miami Historic and Environmental Preservation t I Board, for the purpose of carrying out the provisions of Chapters 17 and 23.1 of the Miami City Code and Article 7 of ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. Sec. 62-71. Membership. The Historic and Environmental Preservation Board (hereinafter referred to as the "board") shall consist of nine (9) members and one (1) aJ��ernate member, to be appointed by the city commission. (1) Qualifications. It is intended that members and alternate members of the board established by this article be persons of knowledge, experience, mature judgement, and background, having ability and desire to act in the public interest and representing, insofar as (% may be possible, the various special professional training, experience, and interests required to make informed and equitable decisions concerning preservation and protection of the physical environment. To that end, qualifications of members and alternate members shall be as follows: (a) One (1) member shall be an architect registered in the state of Florida. (b) One (1) member shall be a landscape architect registered in the state of Florida. (c) One (1) member shall be a historian or architectural historian qualified by means of education or experience and having demonstrated knowledge and interest in Dade County history or architectural history. I 2� It is.the intent of the City Commission that members of the defunct Heritage Conservation Board, at the time of establishment of the herein Historic and Environmental Preservation Board, shall continue to serve on the new board; that membership on the Historic and Environmental Preservation Board shall be comprised of the unexpired terms of existing Heritage Conservation Board members, and that vacancies on the Historic and Environmental Preservation Board occurring subsequent to the effective date of this new Article shall be filled according to the procedures set forth in this Article. 10875 92- 649 -15- (d) One (1) member shall be an architect or architectural historian having demonstrated knowledge end experience in architectural restoration and historic preservation. (e) One (1) member shall be an experienced real estate broker licensed by the state of Florida. (f) one (1) member shall be a person experienced in the field of business and finance•or law. (g) Three (3) members shall be citizens with demonstrated knowledge and interest in the historic and architectural heritage of the city and/or conservation of the natural environment, and may also qualify under any of the above categories. (h) One (1) alternate member shall qualify under one of the above categories. (2) Procedure for appointment. No appointment shall be made by the city commission to membership on the board until the city clerk shall have given notice of the vacancy in a newspaper of general circulation in the city at least thirty (30) days prior to the making of an appointment, and the city commission shall have solicited and encouraged public, professional, and citizen organizations having interest in and knowledge of the purpose and intent of the board to submit names of persons and their qualifications as prospective appointees to the board. At least five (5) days prior to the making of any appointment, the City clerk shall publicly make announcement that the list bf names submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In addition, the City Clerk shall, at least five (5) days prior to the making of any appointment, publicly make announcement that the names and qualifications of prospective nominees submitted by members of the city commission are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on the board whose name and qualifications have not been made publicly available in the manner set out. In reaching a decision on any appointment, the city commission shall give due consideration to the qualifications thus submitted. (3) Terms of Office. Members and alternate members of the board shall be appointed for three (3) year terms. Members and alternate members may be reappointed to consecutive terms, subject to the procedures set forth in part (2) above. (4) Vacanc]es. vacancies in membership or alternate membership of the board shall be filled by the city commission in the manner set forth in part (2) above, and shall be only for the unexpired term of the member or alternate member affected. (5) Removal. Members and alternate members of the board may be removed for cause by vote of not less than three (3) members of the city commission; however, whenever a member or alternate member shall have within a calendar year four (4) absences from regularly scheduled meetings, the chairman shall certify same to 6 `it -16- 10875 2--m 1 SAT 11 :42r p 1� the city commission. Upon such certification, the member or alternate member shall be deemed to have been removed, and the city commission shall fill the vacancy pursuant to part (4) above. Sec. 62-71. Functions, powers, and duties, generally. In addition to Such other powers, duties, and authority an may be set forth elsewhere in the Miami City Code and in the Zoning Ordinance, the board is hereby authorized to$ (1) Maintain and update files from the Dade County Historic Survey within the city for the purpose of identifying and preserving those properties and neighborhoods of special historic, aesthetic, architectural, archeological, cultural, social, or political value or interest. It shall endeavor to improve and expand the survey with additional sites, documentary information, oral histories, and other such materials as may become available; and to periodically reevaluate the survey to determine whether changing times and values warrant recognition' of new or different areas of significance. (2) Serve as a quasi-judicial instrument to designate historic sites, historic districts, and archeological zones pursuant to Chapter 23.1 of the Miami City Code. (3) Serve as a quasi-judicial instrument to approve or deny certificates of appropriateness pursuant to Chapter 23.1 of the Miami City Code and Article 7 of the Zoning Ordinance. (4) Serve as a quasi-judicial instrument to approve or deny certificates of approval pursuant to Chapter 17 of the Miami City Code.. (5) Recommend to the city commission, in reference to specific properties or general programs, the use of preservation incentives such as, but not limited to, transfer of development rights, facade easements, financial assistance, public acquisition, building code amendments, and special zoning regulations. (6) Maintain a record of unique environmentally significant lands or sites within the city. (7) Increase public awareness of the value of historic and environmental preservation by developing and participating in public information programs. (8) Make recommendations to the city commission concerning the utilization of grants from federal and state agencies or private groups and individuals, and utilization of city funds to promote the preservation of environmentally, historically, and aesthetically significant properties and neighborhoods. (9) Promulgate standards for architectural review in addition to those general standards contained in Chapter 23.1 of the Miami City Code. (10) Evaluate and comment upon decisions of other public agencies affecting the physical development and appearance of environmentally, historically, and aesthetically significant properties and neighborhoods. -17- 10875 a a.� 92- ''49 - 2-4b i SAT 1 1 G 4,: (11) Contact public and private organizations and individuals and endeavor to arrange intervening agreements to ensure preservation of environmentally, historically, or aesthetically significant properties for which demolition is proposed. (12) Promote and encourage communication and exchange of ideas and information between the board and owners of historically and environmentally significant properties, potential developers, public officials, financial institutions, etc. (13) In the name of the city and with the consent of the city commission, apply for, solicit, receive, or expand any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property in furtherance of the purposes of historic and environmental preservation. (14) Approve historic markers and issue recognition to historic properties within the city. (15) Adopt and amend rules of procedure. (16) Advise the city commission on all matters related to the use, administration, and maintenance of city - owned historic properties and environmental preservation districts. (17) Any other function which may be designated by resolution or motion of the city commission. Sec. 62-73. Proceedings. (1) Officers. The board shall select a chairman and vice-chairman from among its members to serve for a one-year term and may create and fill such other offices as it may deem necessary or desirable. (2) Rules of procedure. The board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provision of the city charter, ordinances, and resolutions. Such rules of procedure shall be available in written form to persons appearing before the board and to the public upon request. (3) Meetings. The board shall meeL at least once per month, except August, with all meetings open to the public. (4) Quorum; voting. Five (5) members shall constitute a quorum. All decisions of the board shall require concurring vote of a majority of the members present; however, all actions on designations pursuant to Chapter 23.1 of the Miami City Code and all actions on certificates of appropriateness pursuant to Article 7 of the Zoning ordinance shall require a concurring vote of at least five (5) members of the board, - and tie votes shall be construed as a denial. (5) Status of alternate member. In the temporary absence or disability of a member, or in qn instance where a member is otherwise disqualified to sit on a particular matter, the chairman of the board, or the vice-chairman in his absence, shall designate the alternate member to sit as a board member to obtain a full membership of nine (9), or, as nearly as possible, a full membership. when so acting, the alternate 92- 649 7 10875 igUa -- _. 2-9 1 S AT 1 1 44 P. 20 member shall have full rights of participation and voting as members, and his vote shall be deemed that of a member in reaching a decision on a matter. In instances where the alternate member is not sitting as a member, he shall have the right to participate in board discussions and to ask questions, but he shall have no right to vote or make motions. Where the alternate member has been duly designated to sit as a member on a particular matter and consideration, of that matter has begun, the alternate shall continue to sit as a board member through disposition of the matter, and he shall not be replaced should the member in whose stead he is sitting later be present. (6) Disqualification of members or alternate member. If any member of the board or the alternate member called on to sit in a particular matter shall find that his private or personal interests are involved in the before the board, he shall, prior to the matter coming opening of the discussion on the matter, disqualify himself from all participation of whatsoever nature in the cause; or he may be disqualified by the votes of not less than a majority of total membership of the board, not including the member or alternate member about whom the question of disqualification has been raised. (7) Assignment of personnel. The city manager shall assign adequate staff for the board to carry out its responsibilities and duties, including but limited to, representatives from the departments of Planning, I� Building and Zoning and Law. (8) Public record. Minutes of each board meeting shall be prepared by staff representatives assigned by the -city manager, under the supervision and direction of the board. Copies of the minutes and all certificates issued by the board shall be filed with the Planning, Building and Zoning department. Sec. 62-74. Compensation. Members and alternate members of the board shall serve ra without compensation, but shall be reimbursed for Im expenses necessarily incurred in the performance of LJ their duties, subject to the prior approval of the director of the Planning, Building and Zoning department. Sec. 62-75. Preservation officer. ru The city manager shall appoint a person from the Planning, Building and Zoning department to serve as Preservation Officer to assist the board. The appointee shall be experienced and knowledgeable in respect to architectural history, urban design, local rN history, landscape materials, site planning, and land use control regulations. In addition to such duties as may be set forth in Chapters 17 and 23.1 of the Miami City Code and Article 7 of the Zoning Ordinance, the preservation officer shall: (1) Schedule meetings of the board, prepare agendas, and ensure that proper notice is carried out by persons or departments assigned to such duties. (2) Provide applicable advice, standards, guidelines, and procedures to prospective applicants for certificates of appropriateness in historic sites, historic districts, and archeological zones and for I- - 10$75 -19- 92- 649 �.2.. ,.�.._e►i SAT 1 1 :4' P. 21 certificates of approval in environmental preservation districts. (3) Upon receipt of a complete application for a certificate of appropriateness or certificate of Bproval, review such application, which may include a old check of the site and referral to other departments or agencies as necessary, to determine any adverse effect upon the public welfare; and approve or deny standard certificates of appropriateness and standard certificates of approval. (4) Provide recommendations to the board on all .., proposed designations, spatial certificates of appropriateness, and special certificates of approval, as well as any other item requested by the board. (5) Prepare summary reports of all decisions on Special certificates of appropriateness and special certificates of approval, including criteria and conditions for approval or denial. (6) Issue all approved certificates of appropriateness and certificates of approval. (7) Review and approve all final development plans for historic sites, historic districts, archeological ' zones, and environmental preservation districts for compliance with terms and conditions of applicable certificates of appropriateness or certificates of approval, prior to issuance of any building permit. (8) Maintain and update the Official Historic and Environmental Preservation Atlas of the City of Miami, Florida, delineating •historic sites, historic districts, archeological zones, and environmental preservation districts. (9) Work with other city departments, public agencies, and private groups as required to provide a continuing - effort to protect and preserve significant elements of the man-made and the natural environment through public education and encouragement of sound preservation policies." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this - Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty i (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th day of October , 1990. 10875 92- 649 1 7 -20- 'E: P. 22 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of April XAVIER L. SUAR Z, 14AYPR ATTE5T CITY CLERK PREPARED AND APPROVED BY1 r. L E. 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J-i F—i 1 4' 3� Li tns 27 etas low,94 y, w +, Imp 1 F) 59CA ?EPSI — 10 c• , k Cl iTl x 331 xu rl T-i U Ale _ room 0;71 I I I ` 43 z is I �l F A A& 0 OLYMPIA BUILDING RENT ROLL 10/1 B/92 Location Common Area Leasable Space/ Curr. Occ. Monthly_ Rent Lease Expiration GROUND FLOOR N/A 3664 / 3664 People's Jwlry./Sptg.Gds. / 695 $1,904.76 Month -to -Month People's Jewelry / 460 2,700.00 6/30/96 Mapper's Dress Shop / 688 2,502.13 6130/96 Habersin Camera / 752 2,000.00 6/30/96 — Bentiy's Men's Wear / 1069 3,368.24 6/30195 SECOND FLOOR 539 (+ /-) 3861 / 3861 Theater Dressing Rooms 8 -0- THIRD FLOOR 1198 (+ /-) 3202 / 3202 Dr. Sokoloff / 615 $ 912.46 8/31 /95 Gusman Storage / 2587 $ -0- FOURTH FLOOR 539 (+ /-) 3861 / 3861 Arts Colony $ -0- FIFTH FLOOR 539 (+ /-) 3861 / 3861 Honduras Express / 519 $ 350.00 Month -to -Month Arts Colony / 3342 8 -0- �= SIXTH FLOOR 539 (+/-) 3861 / 3861 Gusman Offices/Arts Colony $ -0- SEVENTH FLOOR 539 (+ /-) 3861 / -0- S -0- EIGHTH FLOOR 539 ! + /-) 3861 / 2537 Bently's Storage / 1555 $1,405.98 Month -to -Month Le Magnifique Storage / 177 $ 120.10 Month -to -Month Arts Colony / 805 $ -0- NINTH FLOOR 539 (+/-) 3861 / -0- $ -0- TENTH FLOOR 539 (+/-) 3861 / -0- $ -0- i TOTAL 5510 (+/-) 37,754 / 27,384 $15,263.67 Total Occupied Sq. Ft. as of 10/15/92: 27,384 Total Sq. Ft., Rent -Paying Tenants: 6,530 f % Occupancy (by Sq. Ft.) Rent Paying: 17.396 Net Annual Rent: $ 183,164.04 NOTES: (1) "Leaseable Space" = Total Sq. Ftge. less common area (+ (2) Arts Colony tenants are "at will": lease may terminate at lessor's option i if building is renovated or a paying tenant is secured. 92- 649 7 1 �. �Kf�.•`t.21 y�A ��y{',. i✓.eiVtstaLcM� ..,`I��,.j } t t ti 5 C,3 ,fit'. a . � t � A pisl`r nsur 1 xt YbN f ' . 11 ? F � _ r t ALLIED PROFESSIONAL APPRS OF REAL AND PERSONALPROPERfiY � APPRAISAL 929 S.E. FIRST STREET • POMPANO BEACH, FLOROA 33060 • (305) 782.3130 SERVICES, INC. April 23, 1991 City of Miami Department of Off Street parking 190 N. E. 3 Street Miami, Florida Gentlemen: We have inspected and made an analysis of the construction features of the Buildings and Structures at Olympia Building and Maurice Gusman Cultural Center 166-178 East Flagler Street Miami, Florida for the purpose of estimating the current.replacement cost thereof for insurance placement purposes. The property appraised comprises a combination 10 story office building and theater. The building was originally built around 1925 and was designed by the noted theater architect John Eberson. The interior finish, while common at the time of construction, is rare today and is of Italian Renaissance and/or Rococo design with highly ornate and artistic mortar and plaster work. The theater has facilities for theatrical productions, concerts and motion picture events. The office section has been partly modernized and some areas are now air conditioned. Retail shops are on the ground floor in both sections of the building. This appraisal considers only the above ground and/or insurable elements of the above improvements and does not Include the below ground construction or services, paved areas, land or landscaping or personal property other than as may be specified herein. i I 92- 649 MtAM) (305) 9".5708 WEST PALM BEACH (407) 659.3359 • FAX (305) 942.7678 City of Miami Gusman Cultural Center ALLIE PPAAISkL SERVICES, INC. This appraisal includes as a part of the buildings the framework, structural floors, exterior walls, roof structure and surface, exterior doors and windows, and other structural components. Also included is the interior construction such as interior partitions, ceilings, interior finish and trim. Also included are the building service systems such as the electrical distribution system, the plumbing system including fixtures and the air conditioning systems or equipment. More complete descriptive data concerning the construction features of the building is attached and included as a part of this appraisal report. The building was inspected on March 28, 1991. Construction cost data utilized in this appraisal is adjusted to March 1, 1991. In our opinion, the current replacement costs for the building is as follows: Replacement Cost New Office Building Section $3,551,681 Theater Section 6,073,428 Total $9,625,109 Reproduction Cost The theater section has a very ornate interior decor of a type not now easily reproduced because of the scarcity of artisans capable of providing the artistic interior mortar and plasterwork. The above estimate is based on a high cost modern equivalent replacement cost using present day materials and methods. It is our opinion that if the interior decor is to be reproduced as originally built, there will be an additional cost estimated to be $1,344,000 for construction and an additional $120,000 for the pipe organ, making the total reproduction cost $11,089,109 as follows: Office Building Section Theater Section Total Reproduction Cost $ 3,551,681 7.537,428. $11,089,109 ✓ 92-- 649 K City of Miami 0 Gutman Cultural Center AUTID APP 0 SAt SERVICES, INC. A component cost analysis for the building is attached and included as a part of this report. This appraisal report includes this letter and attachments Including photos, approximate building arrangement plan, summary of construction data, cost analysis and a locational map. Neither this firm nor its employees has a present or contemplated interest in the subject property and the appraisal fee is not contingent upon the value derived. Respectfully submitted, Allied Appraisal Services, Inc. Gary Maehl, ASA President 92— 649 City of Miami Gusman Cultural Center ALLIED A AISAL SERVICES, INC. DESCRIPTION, OF, STRUCTURAL IMPROVEMENTS Building No. 1A Designation: Retail Stores & Office building No. Stories: 10 Year Built: 1928 AL Gross Floor Area: lf0,600 Sq. Ft. Foundation.— Not Included Framing: Steel columns beams and Q girders Exterior Walls: Brick over clay tile; party wall with theater section of building. Roof Structure: Reinforced concrete plate over beams & girders. Roof Cover: Sealed membrane over insulation board Floor Structure: Reinforced concrete plates over beams and girders. Floor Cover: Carpet, vinyl tile, painted concrete �i Interior Construction: Masonry partitions are plaster on clay tile, newer additions are drywall on studs. Ceiling: Plaster on lath; drywall; dropped grid system. Air Conditioning Approximately 1/2 of building has central Beating, etc.: split system type air conditioning Electrical & Lighting: Typical for occupancy Plumbing: 1 restroom for floor, average 5 fixtures. Other: Retail shops with storefronts on ground floor; 2 manually operated passenger elevators; structural aluminum fire escape 10th floor to ground level. City of Miami ADtIEPRA2SAD SEitVICIS , INC. Guzman Cultural Center DESCRIPTION. OF STR!JCTURAL IMPROVEMENTS Building No. 1B Designation: Theater No. Stories: High 1 story plus part basement (approximately 50' high) Year Built: 1925 Gross Floor Area: 19,274�t. plus 6,790 sq.ft. balcony t Foundation: Not Included Framing: Steel columns, beams, girders Exterior Walls: Brick over clay tile; ornamental mortarwork at windows and friezes. Roof Structure: Bridge type steel truss, 100' clear span Roof Cover: Sealed membrane over decking Floor Structure: All floors are reinforced concrete or steel frame. i Floor Cover: Concrete, carpet, vinyl, ceramic, marble Interior Construction: Ornate Italian Renaissance/Rococo Motarwork, multicolor & gilt painted. Ceiling: Theater ceiling is backlit wire mesh having sky effect with blinking light stars Air Conditioning Large volume central air conditioning Heating, etc.: system. Electrical & Lighting: Typical for occupancy Plumbing: Public restrooms on mezzanine, typical plumbing in backstage & dressing room areas. Other: Full complement of theatrical, concert and motion picture equipment including special electrical and sound systems; single mezzanine/balcony; approximately 2,735 seats; 2 section elevating orchestra pit/stage; 15 rank pipe organ. with 12-32 ft. diaphones in ceiling; fire escapes on south alley wall; changeable marquee on north wall at main entry; smaller marquee on east wall; retail shops on east side of ground floor. 92- 649 1 I A d 0 Gusman Cultural Center 0 ALLIED APPRAISAL SERVICES, INC, OFFICE BUILDING SECTION REPLACEMENT COST ANALYSIS FOR INSURABLE VALUE COMPONENT AREA QUANTITY/ UNIT COMPONENT DESCRIPTION CALCULATED SIZE COST COST SLAB ON GROUND GROUND FLR 5060 2.6400 13358 FRAME GROSS AREA 50600 2.0640 104438 UP FLOORS SF UP FLRS 45540 8.5272 388329 ROOF STRUCTURE SF ROOF 5060 8.5272 43148 ROOFING SF ROOF 5060 4.3350 21935 EXTERIOR WALLS SQ FT WALL 34100 20.1450 686945 WINDOWS 15% WALL 5115 30.6000 156519 STAIRS NO.FLIGHTS 9 3060.0000 27540 INTERIOR CONSTRUCT GROSS AREA 50600 15.3000 774180 PLUMPING GROSS AREA 50600 1.8666 94450 ELECTRICAL GROSS AREA 50600 5.5284 279737 AIR CONDITIONING A/C AREA 25300 6.1200 154836 FIRE PROTECTION GROSS AREA 50600 .4590 23225 STOREFRONT CONSTR FRONT AR 1570 24.7860 38914 MISCELLANEOUS GROSS AREA 50600 1.0200 51612 SUBTOTAL 2859166 BASIC COST SQ FT BLDG AREA 50600 56.51 ROOFTOP PENTHOUSE AREAS 1000 28.25 213252 FIRE ESCAPES LOT 90000 WATER TANKS ON ROOF 2 8000 PUMPS, MISC. EQUIPMENT LOT 5000 ELEVATORS 2 98000 SUBTOTAL 3088418 OVERHEAD & PROFIT AT 15% 463263 GRAND TOTAL BUILDING 3551681 TOTAL COST SQ FT BLDG AREA 50600 70.19 92- 649 v Gusmatl Cultural . Center TH-IMER SECTION ALLIED APPRAISAL SERVICES, INC. REPLACEMENT COST ANALYSIS FOR INSURABLE VALUE riall,--------------- Y---------rr--------------------------- COMPONENT AREA QUANTITY/ UNIT COMPONENT DESCRIPTION CALCULATED SIZE COST COST SLAB ON GROUND GROUND FLR 12834 10.050 128982 FRAME GROSS AREA 19274 14.970 288532 UP FLOORS SF UP FLRS 6440 7.500 48300 ROOF STRUCTURE SF ROOF 12834 18.630 239097 ROOFING SF ROOF 12834 4.500 57753 EXTERIOR WALLS SQ FT WALL 25000 20.000 300000 WINDOWS/WALL DECOR EAST WALL 4850 30.000 145500 BALCONY SURF. AREA 6790 30.000 203700 INT CONSTR & FINISH INT AREA 12054 114.320 1378013 PLUMBING GROSS AREA 19274 6.420 123739 ELECTRICAL GROSS AREA 19274' 6.250 120463 AIR CONDITIONING A/C AREA 19274 18.150 349823 BASEMENT BSMT AREA 2220 25.000 55500 FIRE ESCAPES LOT 1 50000.000 50000 FLOOR COVERINGS TOT FL AR 21064 4.500 94788 SUBTOTAL 3784190 BASIC COST SQ FT GROUND AREA 12834 . 294.86 THEATER ELECTRIC & EQUIPMENT LOT 931000 THEATER ORGAN 1 100000 THEATER SEATING LOT 191000 THEATER MARQUEE 2 30000 TICKET BOOTH ON SIDEWALK 1 25000 SUBTOTAL 5061190 ARCH & CONTRACTOR FEES AT 20% 101223B GRAND TOTAL BUILDING 6073428 TOTAL COST SQ FT GROUND AREA 12834 473.23 92-- 649 N Gusman Culturalnter ALLIED APISAL SERVICES, INC. VIEW FROM N. E. 92- 649 EWA loop%. It "m I ALLIab ISAL SERVICES, INC. Gusman Cu lturd i Center >" VIEW FROM N. W. EAST WALL THEATER WING 9 -9 2- 649 14. I -a t Aw ~j � rx NA �,' ��. I 45 14 1c Cusman Cultural Center M Approximate Building Plan A. 10 Story Section B. 50' High Theater Section C. 3:Story Section D. 2 Story Section E. Basement F. Pit for Elevating Stages G. Exterior Fire Escapes ALLIEo APPRAISAL SERVICES, INC. - 100 45 1 Gusman Cultural Center We Approximate Building Plan A. 10 Story Section B. 50' High Theater Section C. 3=Story Section D. 2 Story Section E. Basement F. Pit for Elevating Stages G. Exterior Fire Escapes ALLIED APPRAISAL SERVICES. INC. 92-- 649 100 a Fe Pit Sta e g I Pit Stage Cov. Alley i Stores Or h stra Lobby S a ing Of ice E Lobby Stores Stores Approximate Sketch of Main Floor 1 1 92- 649 12 ` --- - WE ALLIED APPRAISAL SERVICES, INC. C t - o a Stage Dressing } Rooms F Mezzanine Seating Open j I CPen Mezzanine Lo b Men Women Offices i Approximate Sketch of 2nd Floor rr • s: i 92- 649 .13 j: ALLIED APPRAISAL SERVICES, INC Gusman Cultural Center T 77 fool) 71 Gusman Cultural Center ALLUED APPRAISAL SERVICES, INC. 92- 649 15 El Ad 1I J ELLIS-SNYDER-ASSOCIATES, INC. CONSULTING ENGINEERS 5200 N.W. 84th Avenue, Suite 100 Miami, Florida 33166 (305) 599-1595 i y t i .. i.... _- L • �- \ �!'. Yam. r y ELECTRICAL INSPECTION AND EVAL OF THE OLYMPIA BUILDING ic TITLE TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS ABSTRACT SUMMARY INTRODUCTION ,. CONCLUSIONS AND RECOMMENDATIONS FIGURE 1 FIGURE 2 FIGURE 3 SYSTEMS COST s iii PAG$ l _ r' ii -7 e v 1 2,3 a 't 4 , 5 6 -j 7 , i 1 i -i 92-- 649 0 ABSTRAQT E This report includes a study of the existing Electrical Distribution System of the Olympia Building. A cost estimate is also provided for the implementation of the proposed changes. The Olympia Building is a ten story office tower joined to the Gunman Hall Theater. The office space is to be made available for City of Miami tenant occupancy. The Gunman Theater and Olympia Building share a common Main Electrical Switchgear Room, located in the theater basement. Guidelines are provided to improve operating efficiencies and to meet present code demands. iv 92- 649 El SUMMARY The Olympia Building Electrical Rooms on each floor do not comply with current N.E.C. Code Requirements. New electrical rooms will need to be built alongside existing electrical rooms on each floor. Existing feeders serving floor& will be reused to maintain construction cost low. A Meg Test will be conducted on all existing feeders to insure the integrity of the existing wiring. The South Florida Building Code requires a complete Life Safety System. The main fire alarm panel will be located in the Olympia Building Lobby and will also monitor the Gusman Theater. A new feeder should be provided for future roof mounted chillers on Olympia. Existing feeder to roof will pick-up partial load. Roof feeders will need to be boosted to 480V (See Figure #3 Riser). Lighting controls in restrooms on each floor are recommended to conserve energy. A new 100 KW emergency generator on Olympia roof is necessary to pick-up emergency lighting and elevators during normal power interruption. We contacted Elden Beck of FP&L and informed him of the Additional Projected load to be added to the Olympia Building. He said that the transformer vault has 2-500 KVA transformers and that they could handle this load but no other additional load and the vault is too small to increase the transformer capacity. We are planning to add an Eight Hundred Amp. Service and circuit breaker in the existing Main Electrical Room which may be below the 100 year flood level. If this becomes a problem we may have to mount it on the iSt. Floor. The Stage Manager reported that after heavy rains, water seeps into the Electrical Room from the transformer Vault at floor level. The Stage Manager reported that water had been as high as 6 inches in the Electrical Room. Elden Beck of FP&L, agreed to seal the joint in the Transformer Vault which should stop the water leak. v �-- 649 I s • I. ` INTRODUCTION An inspection of the Olympia Building was conducted to determine the extent of the electrical renovation work needed. . The renovation work shall eliminate code violations and wiring problems. In addition, each floor shall have the capacity for i increased future loads as tenant space becomes available. Existing wiring and conduit will be examined for reusage to maintain construction cost levels to a minimum and to avoid disturbing existing conditions. An investigation of the existing electrical system conducted by Ellis -Snyder Associates, Inc. have resulted in the following conclusions: a) Preliminary design indicates the future installation of (2) 90 ton chillers on roof of the Olympia Building. Existing It A/C feeder does not have the capacity to accommodate new load. b) Electrical Room distribution panels on each floor are timeworn and obsolete. Electrical Room sizes violate code restrictions by insufficient panel clearance and mop sink installation. See Figure 1. c) Stairwell egress illumination violates minimum 1.0 foot candle level set by Life Safety Code. Egress illumination must be from a source of reasonable reliability. d) There is no provision for emergency lighting in the event of any interruption of normal lighting. Exit sign marking is absent from general corridors. e) Life Safety Code requires fire alarm system installed throughout. Existing manually operated elevators cannot be interfaced with fire alarm recall ayatem. Pull stations are required at all egress points. F f) Elevator pit will require automatic sprinkler system. !' Elevator electrical power will require shunt trip operation to water discharge. 1 � prior .; g) There are- sign& of water seepage from the existing 1 - underground electrical transformer vault. Water levels may ■' rise as high as 6". Not only is this.a code violation, but life hazardous. r 92- 649 I CONCLUSIONS AND RECOMMENDATIONS MAINTENANCE RECOMMENDATIONS 1. The following existing feeders should be diaconnected at the source and have a meg test conducted to insure wiring integrity. a) Panel "E" to elevator panel 3#250 MCM, 2-1/2"C. b) Panel "E" to fire pump 3#350 MCM, 1#3, THHN/THWN, 3-1/2"C. c) A/C Dist. panel to roof disconnect switch 3# 3/0 THHN/THWN, 2"C. d) MSB-B to panels 7D through 10D, 4#800 MCM, RHW,4-1/2"C. e) MSB-B to panels 2D through 6D, 40500 MCM, RHW, 3-1/211C. NEW CONSTRUCTION RECOMMENDATIONS 1. Construct new Electrical Rooms with 1 hour fire rated walls alongside existing Electrical Room. Existing Electrical Room will be used as a Janitors Closet. Use existing electrical distribution panel box as a junction box. Extend wiring to new distribution panel which will have capacity to 2. 3. accept tenant load. System voltage will remain at 120/208V. See table 1 for general lighting and receptacle load requirements. See table 2 for fault current and voltage- ' drop analysis. The State Fire Marshal requires that all accessible elevator pits contain a sprinkler system. A fixed temperature (135 degrees) detector shall be installed as the means to automatically disconnect the main •power supply to the affected elevators prior to the application of water. The fixed temperature detector shall not be construed to be a part of the Fire Alarm System. The fixed heat detector shall annunciate at the main :Ure alarm panel. We will provide emergency and normal -power to restroome on v each floor. Strobe lights construed to the fire alarm i system are recommended at all public restrooms. To reduce energy costs, occupancy sensing controls will be installed. ---�� Occupancy sensing controls utilize passive infrared sensors i, to detect presence. Once presence is 2 92 649 -� detected, the controlled lighting is switched on. This method provides an efficient and economical means of lighting control. 4. Electroluminescent exit signs are recommended due to low energy consumption (1.85 watts) and high visibility. The Electroluminescent lamp requires no bulb change outs due to it's life expectancy of 30 years. 5. The elevator motors are to remain the same size according to Martin Meilan of Montgomery Elevator Company. This will allow reusage of the existing 3#250 MCM feeder. 6. The additional power required for.the new roof chillers will be obtained as follows: a) Reuse existing 200 amp A/C feeder for Chiller #1. This feeder will be boosted to 480V by new transformer. b) Provide new Main #5 as shown on Figure 43. The new Main will serve Chiller #2 and roof pumps. The new feeder voltage will be boosted to 48OV from the ` 120/2O8V system to reduce wiring, conduits and labor. c) The new Main Switch, Distribution Panel, and Transformer shall be installed as shown on Figure #2 to avoid clearance conflicts with existing panels. 7. To eliminate water entry into the Main Electrical Room, the electrical transformer vault must be water -proofed by FP&L. S. During the fire alarm riser installation, empty conduit can be run for telephone and security needs. Junction boxes will be installed at each floor to allow for tap -offs as tenant requirements become known. 9. The power requirements for the Olympia Building are addressed in this study. During. our review of the Guzman Theater as -built drawings, a future dimmer distribution switchboard is to be added. The existing Transformer Vault is not equipped to handle such a load. The Guzman and Olympia Building future power requirements should be addressed simultaneously so as to avoid any wasted time or money. I J 51 92- 649 MOP SINK INSTALLED INSIDE TYPICAL FLOOR ELECTRICAL ROOM. "r ELLIS•SNYDER ASSOCIATES, INC. Consulting Engineers 5200 NW 84th Ave. Ste.100 Miami, FL 33166 ` (305) 599.1595 PICAL FLOOR ELECTRICAL ROOM 4 FIGURE 1 i Ah LOAD PANEL STORE MAINS co MSS E 300 KVA TRANSF 0 x 800A MAIN #5 yse.. 4/c, Se Lj .r• MAIN ELECTRICA L RM { ELLIS•SNYDER ASSOCIATES, INC: • FIGURE Consulting Engineers c : 2 $200 NW 841h Ave. Sty. 100 Miami. FL 33166 9 2 " V 4 (305) 599.1595 1 5 I:.L.EVMAcN RM PHL/ hlf✓W � i=E Diaz FoR cµLLLP-R *2 15*25oNcM THW... 2 AIle r-FL TftAW51" VAULT KNW It S 11 CHI LLD;" cNiLL�Ft #2 t' i >axisTING i= t=i~DeR Z*6/4V T14HW -,, i FROM 200A c KT# 1 I AT A/c. 'DP (12o, zeav) RecahtNr=cT ro Hc-W LOAD pNLG2-4EYVV. MAJW t=LECMICnL RM Loap .� FAwML Ff RISER DIAGRAM ELLIS•SNYDER ASSOCIATES, INC. Consulting Engineers 5200 NW 84th Ave. Ste.100 Miami, FL 33166 (305) 599.1595 6 • • OLYMPIA BUILDING APPROXIMATE ELECTRICAL CONSTRUCTION COST ESTIMATED BY: H.VIDAL JOB 90129C SHEET 1-OF 1 ITEM DESCRIPTION QTY MAT LAB TOTAL NEW CHILLER FE EDF-R•-2` 0MCM 12 i ii � ' 0 5200.00 NEW 2 . `, " CONDUIT 400 ' 3800. 00 SQ. "D" I --LINE PANEL,C. P. ' S 1 41300.01) 800 A MAIN NO. 5 1 8100.00 Zi 0t—.;VA AUTOTRANSFORMER 1 680t> • of:) MEG TEST — 1 0)o. i 0 STAIRWELL LIGHTS GHTS : o 510 . 00 RF_STROOM LIGHTS & CONTROLS 1 () 880 0 , (") ROOF D I ST . PNL - CHILLER 2 © 5200.00 * NEW ELECT. DIST. PNL, C.B. 1 14:300. 00 1 � �c:►KW EMERGENCY GEN . 1 46000 . t C.) ELEVATOR SHUNT PWR , HT . DET - 3400.00 EXIT L.IGHTS,COND. ,WIRING 50 7200.00 * FIRE ALARM ,VOICE COMM. - 48000.00 VOICE COMM. SPEAKERS 110 8800.00 F I REMENS PHONE JACKS. 2� � 3300.00 LGHT & RECPT - CORR. &TENANT 70000.00 A.H.U./FL - ELECT. ROMTS. 5000.00 TOTAL :# 254 , 800 . Q0 DOES NOT INCLUDE CONSTRUCTION OF NEW ELECTRICAL ROOM. * DOES NOT INCLUDE GUSMAN FIRE ALARM EXTENSION. • E ELLIS-SNYDER-ASSOCIATES, INC. CONSULTING ENGINEERS 5200 N.W. 84th Avenue, Suite 100 Miami, Florida 33166 (305) 599-1595 �, _ . _ ' :sc.. .;: 'rt.i _ •:3n� T± � ►>>�' ` )� Yt.Jr:.�R.i •Ira p 1 ' Vr .. INSPECTION AND EVALUATION OF EXISTING AIR CONDITIONING AND PLUMBING SYSTEMS FOR GUSMAN HALL AND OLYMPIA BUILDING 92- 649 e r. TABLE OF CONTENTS SECTION TITLE •COVER SHEET LETTER OF TRANSMITTAL TABLE OF CONTENTS LIST OF FIGURES SUMMARY 1 INTRODUCTION 1.1 BACKGROUND 1.2 AUTHORIZATION 1.3 PURPOSE AND SCOPE 2 RESULTS OF SITE VISITS 2.1 EXISTING AIR CONDITIONING SYSTEMS 2.2 EXISTING PLUMBING SYSTEMS 3 CONCLUSIONS AND RECOMMENDATIONS 3.1 CONCLUSIONS 3.2 RECOMMENDATIONS 3.3 CONSTRUCTION COST ESTIMATE s 1 f is PAGE i ii iv v 1-1 ....� 1-1 2-1 2-1 -� 2-2 3-1 3-1 3-2 3-3 i i 1 it 1 11 LIST OFFIGURES FIGURE TITLE 2-1(a) CONDENSING UNITS ON ROOF OF OLYMPIA BUILDING. 2-1(b) DETAIL OF CONDENSING UNIT OF ROOF OF OLYMPIA BUILDING, SNOWING ELECTRICAL CONDUITS AND REFRIGERANT PIPING. 2-2 EXTERIOR WALL OF OLYMPIA BUILDING, FACING FLAGLER STREET, SHOWING WALL TYPE AIR CONDITIONING UNITS AND PVC CONDENSATE DRAIN PIPING. 2-3(a) PARTIAL VIEW OF OLYMPIA BUILDING ROOF AT NORTH-EAST CORNER OF THE EQUIPMENT'PENTHOUSE, SHOWING SANITARY VENTS AND ROOF DRAIN. 2-3(b) PARTIAL VIEW OF OLYMPIA BUILDING ROOF AT SOUTH-EAST CORNER OF THE EQUIPMENT PENTHOUSE. 2-4 DETAIL OF VERTICAL SANITARY DRAIN PIPING INSIDE A PIPE CHASE. 2-5 WATER STORAGE TANKS INSIDE OLYMPIA PENTHOUSE BUILDING, SHOWING FIRE PROTECTION AND POTABLE WATER PIPING. 3-1 OLYMPIA BUILDING ROOF PLAN. s 92- 649 iv i PAGE 2-4 2-4 2-5 2-6 2-6 2-7 2-8 3-4 i 9 on SUMMARY i s The existing air conditioning system for Gusman Hall consists of 1 `^ a 120 Ton Trane Centravac chiller, with matching cooling tower, that serves five air handling units in Gusman Hall, and the Dressing Rooms in the Second Floor of Olympia Building. TheMI Stage in Gusman Hall is not air conditioned. Ground Floor retail stores are air conditioned by five water- ...� cooled package units, with total capacity of 30 Tons. The units =_ are being cooled with City water, which is discarded after it }m goes through the condenser coil. Levels in Olympia Building, above the Second Floor, are being air conditioned by a variety of direct expansion split systems, and wall units. j m I Toilet Rooms and Janitor*Rooms are not ventilated properly. Plumbing fixtures, in toilets located in floors 3 through 10, are i antiquated. Sanitary and storm drain piping is in good condition. ' Potable water piping is constructed of galvanized steel, and is probably full of scale and internally corroded due to its age. ' The potable water main distribution riser runs inside the elevator shaft, and is fed from water storage tanks located in the Equipment Penthouse. Two existing potable water pumps keep the tanks full. Our recommendations include the following items: 1. Provide new air handling system for the Gusman Hall Stage, connected to the existing chiller. 2. Provide a new central chilled water system for Olympia 3 Building to substitute the existing split systems and =_ wall units. The system should consist of two 80 Ton air-cooled chillers, with air handlers at each floor and retail store. +' 3. Provide new Toilet and Janitor room exhaust system. - -4. Provide new plumbing fixtures and renovate toilets in I Olympia Building. v 92- 649 S. Eliminate existing potable water pumps, and piping to Sill tanks. 6. Install new duplex • packaged pumping system to pressurize the potable water piping system. 7. Replace existing galvanized potable water piping with new copper tubing, and run the main distribution pipe riser outside the elevator shaft. Install pressure regulating valves at each floor, to equalize water pressure at different Elevations. 8. Install a new isolation check valve in the line connecting the main potable water distribution riser to the storage tanks, and provide new tank fill lines with float valves connected to the new main distribution pipe riser on the pump -pressurized side of the check valve. 92- 649 4 SECTION 1 INTRODUCTION I 1 c on 1.1 Background The Olympia Building is a ten story office tower joined, at the base, to Gusman Hall Theater. Ground Floor tenant spaces are occupied by stores. The Second and Third Floor —1 of Olympia Building are dedicated mostly to dressing rooms and ancillary spaces for the theater. Tenant areas in the Fourth through Tenth Floors are projected to be made available to the City of Miami for office space. 1.2 Authorization The City of Miami Department of Off -Street Parking has retained Ellis -Snyder Associates, Inc: to inspect and evaluate the air conditioning, and plumbing systems for --� Olympia Building, and make recommendations on improvements required to upgrade tenant spaces. At the request of Mr. Allen Poms, we are also including data, gathered during our field investigation, regarding Gusman Hall. 1.3 Purpose and Scope This study is intended to survey and evaluate the existing -, air conditioning and plumbing systems for Gusman Hall and Olympia Building; and make recommendations for improvements to be implemented as part of the tenant apace renovation program. ; Recommended solutions adopted by the Department of Off - Street Parking, will serve as bases for detailed engineering 1 documents, to be produced later. s -�• 92- 649 j C N P H A SECTION 2 RESULTS. OF SITE VISITS 2.1 Existing Air Conditioning Systems The existing air conditioning system for Gusman Hall consists of one 180 Ton Trane Centravac Chiller, with matching cooling tower, that serves one 120 Ton main air handling unit, two 25 Ton air handlers for the upper and lower lobby areas, one 5 Ton air handler located below the _ Stage piano Room, and one 5 Ton air handling unit serving the Flegler Street Entrance. The Gusman Hall chiller also provides chilled water for the air handling unit serving the Dressing Rooms located in the Second Floor of Olympia Building. The Stage of Gusman Hall is not air conditioned. Retail stores, located at ground level, are air conditioned by five water cooled package units, with total capacity of 30 Tons. These units are presently being cooled with potable water from the metered water distribution piping serving the building. The water is being discarded after it is circulated through the condenser coils of the air conditioning units. The rest of the floors of Olympia Building are air conditioned as follows: 1. Most of the Third Floor is served by an old 20 Ton, ..direct expansion, split type air conditioning system (name plate has been removed). The Dentist's Office is served by a wall type air conditioning unit. See Figure 2-2. 2. The Fourth Floor is presently vacant, and used to be served by 12 wall mounted air conditioning units. Most of these units have been removed. 3. The Fifth Floor -is served by one 12 Ton Trane air handler, connected to two 6 Ton condensing units located on the Third Floor fire escape. The condensing ` units are Trane Model No. RAUB626A. 2-1 92-- 649 0 4. The Sixth Floor is air conditioned by -twelve well - units. See Figure 2.2. 5. The Seventh Floor is served by one 15 Ton, split type, ' Bryant Air Conditioning System. The condensing unit for this system is mounted on the roof of Olympia Building. See Figure 2-1(a). 6. The Eighth Floor is air conditioned by wall units. See Figure 2-2. "1 7. The West side of the Ninth Floor is served by three split type air conditioning systems. One system consists of a 10 Ton Bryant air handler connected to a 10 Ton General Electric condensing unit. The other two are a 2 Ton Bryant split system, and a 3 Ton Ruud split system. All condensing units for the above system are located on the roof of Olympia Building. See Figure 2- 1(a) and 2-1(b). The East side of the Ninth Floor is _ air conditioned by three wall units. 8. The Tenth Floor is served by one split type airoff- WE conditioning system, composed of a 20 Ton Bryant air •-.{ f handler, connected to one 10 Ton Bryant condensing { unit, and one 7.5 Ton General Electric condensing unit. Both condensing units are located on the roof of Olympia Building. See Figure 2-1(a) and 2-1(b). "1 9. Toilet Rooms and Janitor Rooms do not have adequate ventilation to meet minimum Code requirements. Janitor Rooms contain electrical panels and telephone board in i violation of current codes. 2.2 Existing Plumbing Systems Toilet Room plumbing fixtures, in the Third through Tenth Floors of Olympia Building, are antiquated. Replacement -7, parts are difficult or impossible to obtain. Present layouts of these Toilet Rooms are not in accordance with current Code requirements, particularly in regards to handicapped accessibility. Sanitary drain and vent piping is constructed of cast iron pipe, with drainage type fittings, and bell and spigot .points. See Figures 2-3(a), 2-3(b), and 2-4. Storm drain piping for.the Olympia Building roof consists of bell and spigot cast iron pipe, with drainage type fittings, and cast iron roof drains. Storm drainage of roof areas above the Equipment Penthouse and Stairwell, is accomplished 2-2 92 - 649 .j R IF F 11 by means of scuppers with metal downspouts, discharging to the main roof level of Olympia Building. See Figures 2-3(a) and 2-3(b). The potable water distribution system is feed by two pumps, located at ground level, connected in parallel. Each pump has a capacity of 200 GPM at 184 feet of total dynamic head, with 15 HP electric motors, and duplex type controls. The pumps are Aurora Model 4110 size 2x2-1/2x10. Potable water piping from the pumps, rises to the Equipment Penthouse, to fill two cylindrical water storage tanks, wf.th open tops. See Figure 2-5. The main potable water distribution pipe line is connected to the tanks at a level approximately half the height of the tanks. The main fire protection pipe line is connected near the bottom of the tanks. This arrangement is meant to reserve half of the total capacity of the tanks for the exclusive use of the fire protection system. The main potable water distribution line drops inside the elevator shaft to serve the entire facility. Potable water piping is constructed of galvanized steel pipe with threaded fittings. 2-3 � 92- 649 61 FIG. 2-1(a) CONDENSING UNITS ON ROOF OF OLYMPIA BUILDING. ���_... .: - , •. ors '� ..L �, � �'•1' _'• ._ .. ..<� L.Y.�`.: . -. �•.; 'wry •. , `.. . � _ i i� F,,',.,•J' } ���1H'��.a` .,..a'j°?'sir. i.'-Fw�fil{I,�`�". �:. - FIG. 2-1(b) DETAIL OF CONDENSINU U14L I --• __ BUILDING, SHOWING CONDUITS AND REFRIGERANT o� ELLIS-SNYDER ASSOCIATES, INC. f Consulting Engineers 5200 NW 84th Ave. 599 � 9Miami, FL 33166 GUSMAN HALLlNGYAND PLMPIA U'MBfNG ILDING AIR CONDITIOSTUDY 2- 649 FIGURE 2-4 FIG. 2-2 EXTERIOR WALL OF OLYMPIA, FACING FLAGLER STREET, SHOWING WALL TYPE AIR CONDITIONING UNITS AND PVC CONDENSATE DRAIN PIPING. ELMS-SNYDER ASSOCIATES, INC. GUSMAN HALL/OLYMPIA BUILDING FIGURE Consulting Engineers AIR CONDITIONING AND PLUMBING 5200 NW84th Ave. Ste. 100 Miami, F133166 STUDY 2-2 ` (305) 599-1595 - - 9 2 --- c 4 4 2-5 0 .. t L �1 FIG, 2-3(a) PARTIAL VIEW OF OLYMPIA � BUILDING AT NORTH-EAST CORNER OF THE EQUIPMENT PENTHOUSE, SHOWING SAND TARY VENTS AND ROOF DRAIN. I i ..nl it i� FIG- 2 3(b) CORNER PARTIAL OFITHEEW OEQUIPMENT PENTHOUSEROOF AT SOUTH EAST ELLIS-SNYDER ASSOCIATES, INC. GUSMAN HALL/OLYMPIA BUILDING FIGURE Consulting Engineers AIR CONDITIONING AND PLUMBING 2=3 $200 NW 94th Ave. Ste. 100 Miami, FL 33166 STUDY (305) 599-1595 .. 9 2 _- 649 2-6 ELLIS•SNYDER ASSOCIATES, INC. Consulting Engineers 5200 NW 84th Ave. Ste. 100 Miami, FL 33166 (3,05) 599.1595 ti 1 i PING s GUSMAN HALL/OLYMPIA BUILDING FIGURE AIR CONDITIONING AND PLUMBING 2-4 STUDY 92-- 64q Fri 6 A El .4 I FIG. 2-5 WATER STORAGE TANKS INSIDE OLYMPIA PENT- HOUSE BUILDING, SHOWING FIRE PROTECTION AND POTABLE WATER PIPING. A ELLIS-SNYDER ASSOCIATES, INC. Consulting Engineers 5200 NW Stith Ave. Ste. 100 Miami, FL 33166 (305) 599-1595,,. GUSMAN HALL/OLYMPIA BUILDING AIR CONDITIONING AND PLUMBING STUDY 92- 649 2-8 FIGURE 2175 F SECTION 3 CONCLUSIONS AND RECOMMENDATIONS 3.1 Conclusions The air conditioning system for Gusman Hall does not require any upgrading at this time, except for the lack of air conditioning in the Stage. Performers have to work under high heat conditions, generated by lighting system, without proper air conditioning of the stage area. The water-cooled air conditioning systems serving all ground level retail stores, are wasting potable water provided by the Department of Off -Street Parking. This arrangement is not only wasteful. and costly, it is illegal. Air conditioning systems for the retail stores must be incorporated into a central cooling system for Olympia Building. The variety of air conditioning equipment serving the Third through Tenth Floors of the Olympia Building should also be incorporated into the new central cooling system. A new exhaust system is required to properly ventilate Toilet Rooms and Janitor Rooms. Toilet Rooms in the Third through Tenth Floors of Olympia Building should be renovated to allow for handicapped accessibility. All plumbing fixtures should be replaced. Sanitary drainage piping does not require any work, except as required by renovation of Toilet Rooms. The storm drainage system is in good condition, and does not require upgrading. The existing potable water distribution system does not provide adequate water pressure at the top of the Olympia Building. Under the present arrangement, water pressure, at different levela,,is produced by the weight of water between the top of the storage tanks and the point of use. Water pressure is different at each floor. The existing. galvanized steel potable water piping is probably full of scale and internally corroded due to ita age. 3-1 � f 92- 649 3.2 Recommendations A new air conditioning air handling system, connected to the existing chiller, should be provided for the Guamen Mall Stage. The system should be properly designed to produce laminar air flow through the stage area. Air movement should be from aide to side, to minimize its effect on props. A new chilled water type, central air conditioning system should be installed in Olympia Building. The system would serve all ground floor retail stores, and office areas above the Second Floor. We recommend a system consisting of two 80 Ton air-cooled chillers, with matching pumps and distribution piping, to serve new air handling units in each floor and retial.store. See Figure 3-1. All existing air conditioning equipment in these areas should be removed. A new central exhaust system for the Toilets and Janitor Rooms should be installed, served by a new roof mounted exhaust fan. All Toilet Rooms above the Second Floor of Olympia Building r should be renovated. New fixtures should be installed. i The existing potable water distribution system should be modified as follows: 1. The existing potable water pumps should be replaced with a new duplex packaged system with hydro -pneumatic tank. This pumping system should be connected to the i main distribution pipe riser for the facility. 2. The existing galvanized steel piping should be replaced with copper tubing. The main distribution pipe riser should be relocated outside the elevator shaft. 3. Pressure regulating valves should be installed in main branch serving each floor, to eliminate differences in water pressure. 4. A new check valve should be installed in the line connecting to the storage tanks. .5. The water storage tanks should be fil.led by new pipe lines, with float valves, connected to the new main distribution pipe riser, on the pump -pressurized side of the check valve. 3.3 Construction Coat Estimate 1 Following is a summary. of probable construction casts •` associated with the above; recommendations. A. OLYMPIA BUILDING Air Conditioning System S 65,000 Exhaust System 3,000 Plumbing Fixtures 42,000 Potable Water Pumps and Piping 46.000 SUBTOTAL 0156,000 B. GUSMAN HALL Stage Air Conditioning 5 25.000 SUBTOTAL S 25,000 C. TOTAL COST 0181,000 l Note Above estimate does not take into account architectural work for toilet renovation or cutting of roof and wall needed to run ductwork or piping. i 3-3 52- 649 0 80 TON, AIR-COOLED CHILLED WATER UNIT, t �i 4 � � J ' "'C <.yf±+; p�ATjl ilN.`I( WYi:iflbt .+sK itVMd SSk § f t. _ I _ F S 4 ¢ 1 l - } � l 1 _ s S 1 +e e�rtiUPatYO s avernber: p �. 1 t t - 2 � h t 1 maurice gray associates, ' Inc# 4306 S.W. 74 Ave. Miemi, n . 33155 .4 tll: twei 267-9549 no. box 161811. mhrtis. tkwid* 3W M Fix 6 =-l62 . Nov. 12, 1990 The City of Miami Building & Zoning Dept. 275 N.W. 2nd Street Miami, FL j Attentions Mr. Santiago Sorge -Ventura 1 Res RE -CERTIFICATION OF BUILDING Located ats 174 E. Flagler Street j Folio Not 01 0112 10 1010 4 1!1 . Dear Sirs Nil We forward herewith one copy of our Report for the above building. The building is generally in good conditon, except for localized areas where some deterioration have occurred. All of the areas noted in the attached report are repairable. This report is based on visual observations throughout -the building. Should there be any questions concerning this report, please do not hesitate to let us know. 3 Very. y Yours, _ i V- Maur e E Gray, P.E. M I MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR BUILDING RECERTIFICATION DADE COUNTY, FLORIDA 1. Description of Structure: Ia. Name or Titles Maurice Gusman Center for the Performing arts Ib. Street address: 74 E. Flagler Street, Miami, FL 33133� c. d. Owner's name:_ The City of Miami e. Owner's mail address: c/o Dept of Off Street Parking 190 N.E. Third Street, Miami. FL 33132 f. Building Official Folio Number: 01-0112-10-1010=A g. Building Code Occupancy Classification: B & G h. Present use: Theater. Office and retail stores i. General description, type of construction, size, number of stories, and special features: J. Additions to original structure: N/A ] 2. Present Condition of Structure: a. General alignment (note good, fair, poor, explain if significant) 1. Bulging: kjone visible 2. Settlement: none visible 1 M�*i 3. Deflections:_ ug ne visible 4. Expansions None visible S. Contra.ction: r None.visible b. Portions showing distress (note beams, columns, structural walls, floors, roofs, other): c. Surface conditions .. describe general conditions of finishes, noting cracking, spalling, peeling, signs of moisture penetration and stains. I) 1Q STORY OFFICE BLDGs II) THEATER OF THE PERFORMING ARTS I d. Cracks — note location in significant members. Identify crack size as HAIRLINE of barely discernible; FINE if less than lmm 92- 649 in width•DIUM if between 1 and 2 An width; FINE if over 2 gym. 11)- 10 STORY OFFICE HLDG.s e. General extent of deterioration - cracking or spelling of concrete or masonry; oxidation of metals; rot or borer attack 7- in wood. i 7i - are visible, IIMDIATE REPAIRS ARE REOUIRED TO THE NORTH BEANS. f. Previous patching or repairss Some Patching of the exterior South wall of the 10 story building near the fire escape are visible. g. Nature of present loading - indicate residential, commercial, other estimate magnitude: h. Availability of original construction drawings - location, ..� description. Some Architectural drawings were available but no structural drawings. 3. a. Date of notice of required inspections b. Date s) of actual inspections 10/2/90. 10/4/90, 10/15/90, 10 25/90 c.' Name and qualification of individual submitting inspection reports Maurice E: Gray, P.E., Structural Engineer d. Description of any laboratory or other formal testing, if required, rather than manual or visual procedures. 3 92- 649 0 e. Structural repair - mote appropriate lines 1. None requireds X Z. Required (describe and )indicate acceptance)s 1)_10_STORY OFFICE $UILDINGs e.:evator magnine root. 7.) Roof repairs are required- some leaks are evident. II) THEATER OF THE PERFORMING ARTS: 4. Supporting data a. --N/A - sheets written data. 4 92-- 649 b. Photographs. � c. 1 .drawings or sketches S. Masonry Bearing 'Malls - indicated good, fair, poor on approp linessWalls are generally infili between structural steel fra a. Concrete masonry unites Good Condition I b. Clay the or terra cotta unites Some loose tiles as noted Ic. Reinforced concrete tie columns: Not. -visible d. Reinforced concrete tie beams: Not visible I e. Linteles Not visible f . Other type bond beans s----.-- I g. Masonry finishes - exteriors 1. Stuccos fair 2. veneers NA 3. Paint onl Y= WA 4. Others h. Masonry finishes - interiors 1. vapor barriers Not visible 1, 2. Furring and Plasters /A 3. Paneling: Fair to good condition I- 4. Paint only: Fair 5. Other (describe): i i. Crackss 1. Location - note beams, columns, other: None I2. Descriptions j. Spalling: 1. Location - note beams, columns, others 2. Description: !. 5 i f _ . 92- 649 to k. itebar Corrosion -Check appropriate lines 1. None via as 1_ 2. Kinor - patching will suffices 3. Significant .. but patching will suffices Yen . 4. Significant - structural repairs required (describe): 1. Samples chipped out for examination in spell areas: 1. Not IC 2. Yes - describe color texture, aggregate, general quality: 6. Floor and Roof Systems: a. Roof s 1. Describe (flat, condition) framing. sloped, type roofing, type roof deck, 2. Note water tanks, cooling towers, air conditioning equipment, signs, other heavy equipment and condition of supports s 3. Note types of drains and scuppers and conditions 6 92 649 b. Ploosr system (s) : 1. Describe (type of system framing, material, condition) spans, — supporting reinforced concrete slabs. All the _ VisiDle beams we're f i renroofed except for the steel beams that were added to support the water tank above the roof of -the loth stony building.See also 2.c above. C. Inspection- note exposed areas available for inspection, and where it Was found necessary to open ceilings, etcfor inspection of typical framing members. The steel framing for the loth story building was generally not visible for inspection since the fireproofing was intact, The slabs were generally visible on all floors after removing the drop ceilings. There was ,good access to the theater roof trusses and catwalk areas as well as to the elevator machine room and water tank areas. i 7. Steel Framing Systems: a. Description The main framing systems for the complex consists 1 of Steel columns, beams and roof trusses. The catwalk framing above the stage is also steel framing. b. Exposed Steel - describe condition of paint degree of corrosions - -1 The exposed steel framing are generally in good condition except for the cooling to7der framing which is in bad condition. The roof trusses above the auditorium are also ..� .in good condition except for some minor painting which are 'required in some;areas. The roof ladder above the IOth floor also needs painting. c. Concrete or other fireproofing - note any cracking or spalling, and note where any covering was removed for inspection. Some cracking of fireproofing were noted in some areas. d. Elevator sheave beams i connections, and machine floor beams - note conditions 7 92-- 649 I 8. Concrete yraming Systems a. bull description of structural system b. Crackings 1. Not significant See 2.c & 2.d above. 2. Location and description of members effected and type cracking See_2.c. 2.d & 7.d above. c. General conditions Generally good except areas as noted. d. Rebar corrosion - corrosion - #check appropriate lines 1. None visible 2. Minor - patching will suffice 3. Significant but patching will suffice Yes 4. Significant - structural repairs required (describe) 0 e. Samples chipped out in spall areas: 1. No one 2. Yes - describe color, texture, aggregate, general qualitys 9. Windows a. Type (wood, steel, aluminum, jalousie, single hung, double hung, casement, awning, pivoted, fixed, other) 8 92- 649 b. Anchorage - type 6 condition of fasteners and latches: Condition Dry°' c. Sealants - type and condition of perimeter sealants at . mullions: ood.--- gxceipt some window leaks --we'ra wed on the north east corer of -the 10th floor windows . Leaks were also noted at the windowabove the landing between the 9th & Oth f-loors.,in_ the main stair. d. Interior seals - type & condition at operable vents: N/A , e. General condition: 10. Wood Framin s 9 a. Type - fully describe if mill construction, light construction, major spans, trusses: done visible for -inspec- tion b. Note meta t 1 fittings i.e., angles, plates, bolts, split rings, pintles, other, and note condition: NLA� i i c. Joints - note if well fitted and still closed: N/A d. Drainage - note accumulations of moisture:.NLA ( _ e. ventilation - note any concealed spaces not ventilated: LA f. Note any concealed spaces opened for inspection: Submitted by: (. Maurice Gray Associates, Inc. Consulting Engineers . 4366 S.W 74th Ave. Miami, 1 rida 33155 Tell..! 267-9549 Maur'ce E. Gray, P.E. 1 - g 92--. 649 t J.11-1IIJ 1/12/A4 1b71 11' or+.otrinelc>r tto. �,,053Ei M AN ondtflAelCL AMC.4blHO CNAFTSA 18, C14TITLE0 *mIA110E', or T11C COOL Or THE CITY or MIAMI, rt,QI1t0A, AS AMCM0t0, It REVVINIPQ Tilt: TNAA -NIIIORITT APO NONZ11-OMILD OUSIt1E38 ENTEnFA189 AND otrt"I"a Tilt TZAR 'vl1NDAR' 1N ,to" to-6At REQUIRt?1G to #tC?IoN 11-72 SSC- TINT T 1s =AL or ANAADt,NO AT Liwi ri TT-ottt PCRC:NT (f 1 %) or Tits CZTT -1 TOTAL 1lMWAI, DOLLAR VOLUME Or ALL rROCURt7It71r 9XVINOtTt 911 TO MtMCRITT/VC"9M SMALL MINtislla It APTLtlC Tti Al.:. CITY Or MIAMI $IV$ AM CQWT .ACTS 1 RC'jt8lfro StCT ICN 18-72 TO PReTt0s THAT ALL CITY Or MIAMI INVZTATt0181 REQVt$TS A"JOA ADVER, tStAINTS rOR 5105, PROPCSHLS, QVMV1 LaT.tRS or IMTLRlST AROtOR QVALIrICAT2OM STATtMCNTS CONTAIN T71Z "10ftcyto Ir HIMORITT/1AMEt1 BualNEas itt I AFRINI '. (M/w1t) PARVCIPATIOM RLQUIRE:'1SK= nMSUAI" TO CITY Or MIANZ ORDINANC= ISO, 10012 - 11IXQ%2TT/N0" It BUSINESS WAIRS AMU DRQl:7fl12=4 FROM"? REQU t R Z ttti TRAT ALL RISMTIPC A"RM A"ICR Cote': RACT DOCUMENTS Com 12 TR! RIVI itTia ComptotAnCE toms AXLATITE TlRttft of Rsylalm SECTION 18-7 2 (3) • TO IMFPJt0 ' t rV" =9 ArrIR11ATIVT ACNOt1 AXVIU=XT3 TCR ALL CITE 3102 '• ARV Ct+MTRACTs t ADo I R0 E2C:10t1 11-7 6 !j ALMICAIIINC ADMIMIETRATITI DarARTMSATS TO ESTABLIBN Tilt REQUZARV ADl12N13TRATIVt PROCEDURES TO twoURS COMPLIAMS WITH Tits IS' CODE: ruRTNtR, PROviOi»C ron 1lESQLiTTio11 Or OIsPVTL35 RECAAvjnQ' wz TnllsLv PATnxm or COtrrRACTOnS Amu 6UNCtffTRAt.'Tolta ARC rUM311 ADOINC SECTIO14 11-77 13113tOMATINci TMIt 0I1tI;=R or THE Orrice Or M/wBt ArTAIRA As THN CITT - vrrtClAL A93PORBIELS M sSrAaLIQMINC AND iMPLt"C2R1NC M/Ilea DID AID CONTRACT _ PA1171CIPATtOM REQutRltm Ts, COMFLIAHCL CUEOCLZMCS, AND 1`10MITORINR AND RErORTINC PRC'C10URE3I C17N'rAZMIMa A RtP1ALER PROVISION (I AMC A StVCRABILITT CLAUSE. WHEREAS, Ordinance No. 10062 dtallnq vtth Minocltr/Women Business Affairs and Procurement established the annual goal of procuring/con tract Ing tlttr-one percent (311) with mi,noritT/women owned and managed bualneas entsrprieesl and NfttRLAS, Adminf,stretive Policy Manual /-86 (APtt 1-86). Issued Oetobtr 10 1986, provides for the edalinistrative j` ImplerAentatlan of Ordinance No. 100621 and WHEREAS, It has been dstermined that there is further n""l for leglstative relief to obtain raid goals, portieulaclr sA It 92— 649 lozae E-1 relstrq to the City's bid, peop"Otal and Contract pmelas and the resulting documents on a bld/contract by bid/contract burls to achle•s the annual goalsf Now, Ttlrntront, CC IT OndAt"t V OT T1Ir CrIK"ISSIO" or Tlic CUTY' or MIAM1, rLORIVAt Section 1, Section 1848, la hereby amended In the lollowinq partieulars.i •See. IS-68, Oe(initlona. ror the purpose of this article, the tellowlnq terns. phrsses, words, and their derivations shall have the following m*aningst Minority and wam n-o%mad xm.0 bueinees enterprise Dwane a business enterprise in +filch at least fifty-one percent (311) of @aid enterprise is ovin by Blocks, Hispanics or fasten whooe managewnt and dolly ►selness operations are controlled by one oc store Blacks, _ Rlepanics or Now end vlia %=I r a sM?JM et LerwntY- F ITO f 2l I •_+,we�l_eY- a11, er hax2 t_tO5 peel rthnee LA :iteiss ni llen gin ilart. ' vendee means any business entity providing goads, services or equipment to the City of Miaeti thrvugh a purchase. field or blanket order or contract.* Section 2. section lot-T2(a)', is herby amended by adding the tollowlnq lanquaget • (a) The objective at the City is to aehivvv a qo a l of owerdinq a s+lnimun of fifty-one percent (511) of the total annual dollar volw@e of all ptt•otac"mnt expenditures to Bliwa ek, IlLapenle and Wan -owned — @tnall business ante=prises to be apportioned a* foilgwe t Seventwen percent (171) to Blacks, seventeen percent (171) to tllspenles and seventeen percent ( 17 t) to waaren j *Deb Mgt shd t 1 be seel 12_te @ t 1 ee `-r b1440 and e"ntrsets. • Section ]. Section 18-73 is hereby ataanded bT adding the following lanquaget 'See. iA-71, Aveuired stittlents ff?r. 9121 t ZAtians er nettenar required atatIments on eontract3 and awards. a._ Tt_ •hell hw ,sands e" (,:ZL all cil,r se1lrt�i tuns or ROO-if-SiL LnYitine_ lflda, erenereja, L20td1a'ho AC2rnYed rAMU irenwrtts Lest l words and/or 1191tren strlckan through shall be deleted. Vndesscored words and/cc fiqucve shall be added. Thw cemoinlnq rrovlstons scot now in *(fact and remain unchanged. Asterisks lndlcate omitted and unchanged ■at:sslal. 2e.t.:19JXdl.12n— And to hAl 1DC.j1a1.On of t aem=r.L It b.A. it shell b• Mandatory for all City Contracts and/or procurement award documents to contain the folio-inv a • • (5) A requirement that each bidder. =ad=, submit elonq with the bid or proposal an sltlrrwative action plan (AAr). Any sil4nlficant equltr participants, joint •entyry participents, subeentraetocs, suppllerw or other partive to the bid or proposal @hall also be required to submit such plans. 1 n( tht C!t• If t,5 reQulrs het 2erf . &ad vsnderf delna bus L^�ii •Y nt t +.1 ak.�ezLala ss�ja�R ■��.. �• w.w..l►wAla ww��lwlw.w•Iww a1 .M�ffw .,�n�w„r`eenepivn■ t7 be �Hernn�lw��_ Saetton 1. The 1n110winq new Section 16-76 LA Added In UP.. entlr*tyi 'SeC. 18-76. AdmI nlntrative procedures. The 0epartrP.•nt.9 of rinnnre, Public Works at,d congrnl Sorrieei Adminlntratinn arl authorised to netnbtleh the enquired wdminletrntivn pco•sedvicea to lnaucn o c,w}illancn with the pcovlalon- I+:r sort forth heceln. 52- 643 tlt-t r its., tic" Dhpnt•tmn►tt In ►eat'da t'td to inatl e tot 10 parr*,*nt prr#:r•.lurot A trio lch wi l l In:rrero, In thot w lnct.nne•no In whlt:et the tt/Mt%C bl.tl or eontrect roquiriomt,t11•9 result in t:t•ntrecte. sutr;ontrncts or joint renturon for M/N=1EP. that co►ep•tneetlen provided rureunnt thereta shall be in thn fet:mt of a cheek made parable to the primorr eontreetor, bldtitr or peopeser, and (lf nppropclat^d jelntly) to the tminoclt-r/--'?tAan businaat enterreIA^ subcontrnetor or J elnt venture pactotwr in an RoVun: not to aneeed the subcontracted it iivint venture strrount, boned upon approved Invoices rub►sittid b the pclmn eontroetoro peopener or joint, renturs.. to tite City. In the event a dlsruto should arise as to th-9 rgCtor+menee or psy"""t at the prltnnrr contractor er bidder/prernmer or the M/writ'., undee the termer And ennd,ltlonr of the CLtr canttaet er precurvf"nt A.•nsd document. eonspenentlen shell be wLthhold until much � t1" as the dlsputn Le renolved in eeeerdanee with the procedures sat lorth in this C.iapter f-ir resolving each disputes. All Administrative Directors shall amend th* Lr exletlnq poLlcieo and procoduces or to create such new ones on ewer be rtqulred to Insure and rapect e-t compliance w1t1t all aapeets of this article. Sac%lon 9. The following nett Section 10-17 to added in its entiretrt •See. 16-17. DooLVnntlon of the DLrs=:oc of the Otflcn of MLnocl.tl/ttomen business ALfalra. The DLrsctor of the Office of Minority/liotmen fiuelnees Affairs Ls deslpnnted• as the official renpvneLble for eotablishing M/Wat bid and eontrae:/award regnLrvmvnts. creating and linplinatinting a—c-IrLianav gni4elines. monitorinq compliance, reealvinq dlspates, and reporting on all of the above to the City nonsfor. Seetlan i. All ocdLnances or ports of croLnencts In canfllct with the provLslons of this ordinance inRefar ns tltnr —' are Lnccnals�.>,nt or In conflict with the provisions of this ordinance are hereby repealed. Section 7. Il am section. pert of section, paragraph, clause, phrast, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON rIAST ACAVVIC ST TiTLZ CULT this e+ _ dal of D•-ambe , 19 PASSED AND ADOt`TED oil SZC7t10 Am IIJtAL nnoi G pT TITLE ONLr thin t2th day of Jan►rary tv►TJrt 1t l sn.�'-- '-' City Clerk i E -.4 f a rR�rn��� A111� .►PPt�Ov t yes � r asrrirtiwt �:ltr �►etars��r APPRO V90 AS To pl7m AttO CJftYttCtl�LA� a Clt Jlttesrt• LAX/pb/bss/M41 / APPRO V90 AS To pl7m AttO CJftYttCtl�LA� a Clt Jlttesrt• LAX/pb/bss/M41 / 0 Carrie Hacker Downtown Development Authority One Biscayne Tower, Ste. 1818 Miami, Florida 33131-1104 (305) 579-6336 Copies are available for $30.00 i i ,j_ q A a The School House, yiechanicsburg, pennsylvania ttt)t'ri7£S1' FOR S.f1'1\t. PRESERVATION TAB. INCENTIVES FOR HISTORIC BUILDINGS Satuatai !'��► � ts,,, 9 - 649 I.yN1101H Manchester Historic District. Pittsburgh, Pennsylvania t:i11'117f51• ail.'1'rIC>;1�GnRPARAttb. t7utM H. l'1+1 . Old City Hall. Harrisburg, Pennsylvania COUR 31M 111%1'MIC. FOR 13VING Contents -- Historic Buildings and Rehabilitations Affected by the Tax Provisions .....................'. h w^ Tax Credits for Historic Rehabilitations ........6 �! Obtaining the Necessary Certifications ........ 10 Other Tax Provisions Affecting Use of Preservation Tax Incentives ................ IF Charitable Contributions for Historic Preservation Purposes ..................... 19 -- Investment Tax Credit for Low Income Housing....... M....................... 21 Rehabilitations Involving Governmcnts and Tax -Exempt Entities ...................... 21 Provisions of Prior Tax Laws ............... 22 } The Secretary of the Interior's Standards for --} Evaluating Significance Within Registered Historic Districts ........................ 28 The Secretary of Interior's Standards for Rehabilitation ............`........... 'National Park Service Regional Offices "t Issuing Certifications and Associated States ..... 26 State Historic Presenatibn Officers ........... 28 -� 92- 649 M-, community's historic buildings are the tangible links with its past and reflect its unique character; various Federal laws now exist to encourage the } preservation of these irreplaceable resources. Since 1976 the Internal Revenue Code has contained incentives to stimulate capital investment in income producing historic buildings and the revitalization ,l historic communities. On October 22,1986, the Tax Reform Act of 1986 (PL 99.514) was signed into law, making comprehensive changes to the Internal Revenue Coda The intent of the law is to reduce inequities it! the tax system; reduce personal and corporate tax rates; broaden the tax base by eliminating or reducing a number of.deducdons, tax oedit% and special benefits; and restore economic factors rather than tax consequences as the primary impetus to business and investment decisions. A number of the changes ' directly affect the rehabilitation of historic buildings. The Tax Reform Act of 1986 establishes: "� • a 20% tax credit for the substantial rehabilitation of historic buildings for commercial, industrial and rental residential purposes, and a 10% tax credit for the substantial rehabilitation for nonresidential purposes of buildings built before 1936. a straight-line depreciation period of 27.5 years for residential property and 315 years for nonresidential property for the depreciable basis of the rehabilitated building reduced by the . amount of the tax credit claimed. The 10% tax credit is not available for rehabilitations of certified historic structures, and owners who have properties within registered historic districts and who wish to elect this credit must obtain certification that their buildings are not historic. (See "Certifications of Significance, Properties within Registered Historic Districts.") In general, the provisions of the Tax Reform Act of 1986 are effective on January 1,1987. (See" Transition Rules" and "Provisions of Prior Tax Laws.") These provisions may affect the tax benefits from :1 s rehabilitation projects already completed and certified, as well as pending and future projects, Because the provisions of the Tax Reform -Act of 1986 are complex, individuals are strongly encouraged to consult legal counsel, a professional tax advisor, or - the appropriate local Internal Revenue Service (IRS) office for assistance in determining the tax consequences of the provisions described in this booklet. The descriptions herein are provided for general informational purposes only. 1 92- 649 3 411 4 HISTORIC BUILDINGS AND REHABILITATIONS AFFECTED BY THE TAX PROVISIONS Preservation tax incentives are available for any qualified project that the Secretary of the Interior designates a certified rehabilitation of aeertMed historic structure. Certification requests are made through the appropriate State Historic Preservation Officer (SHPO); certifications are issued by the National Park Service (NPS). A two•part'Historic Preservation Certification Application (NPS Form 10- 168), which is used for obtaining required certifications of both the historic building and the rehabilitation, is available from the appropriate SHPO or NPS regional office, at the addresses printed at the end of this booklet. Under the provisions of the Internal Revenue Code: • A certified historic structure is any building that is listed individually in the National Register of Historic Places, or located in a re&ered historic district and certified as being of historic significance to the district. • A registered'historie district is any district that is listed in the National Register of Historic Places. or designated under a state or local statute which has been certified as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of significance to the district and which is certified as substantially meeting all of the requirements for the listing of districts in the National Register. • A certified rehabilitation is any rehabilitation of a certified historic structure that is certif ied as being consistent with the historic character yl the property and. where applicable. the district in which it is located. . To be eligible for the tax credits for rehabilitation. a project must meet the basic tax requirements of the Internal Revenue Cade as well as the certification requirements. The building must be a depreciable building (i.e., used in a trade or business or held for 0 b the production of income) and not an owner -occupied residence. The rehabilitation costs must exceed the greater of the adjusted -basis of the building or $5,000 within a 24•month period. For purposes of the charitable contributions only, certified historic structures need not be depreciable buildings to qualify.. Owners of properties either listed individually or within districts in the National Register of Historic Places are eligible to apply for certifications. Owners of properties located in state or local districts may also apply for certifications, if the statutes under which the districts were established have been certified. The districts themselves must also have been certified as substantially meeting National Register Criteria for Evaluation. Preliminary determinations of significance may be requested for buildings which are not yet listed in the National Register or'which are located in potential historic districts. (See "Obtaining the Necessary Certifications.") 4 HISTORIC BUILDINGS AND REHABILITATIONS AFFECTED BY THE TAX PROVISIONS Preservation tax incentives are available for any qualified project that the Secretary of the Interior designates a certified rehabilitation of a certified historic structure. Certification requests are made through the appropriate State Historic Preservation Officer (SHPO); certifications are issued by the National Park Service (NPS). A two•part'Historic Preservation Certification Application (NPS Form 10• 168), which is used for obtaining required certifications of both the historic building and the rehabilitation, is available from the appropriate SHPO or NPS regional office. at the addresses printed at the end of this booklet. Under the provisions of the Internal Revenue Code: • A certified historic structure is any building that is listed individually in the National Register of Historic Places, or located in a registered historic district and certified as being of historic significance to the district. • A registered historic district is any district that is listed in the National Register of Historic Places. or designated under a state or local statute which has been certified as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of significance to the district and which is certified as substantially meeting all of the requirements for the listing of districts in the National Register. • A certified rehabilitation is any rehabilitation of a certified historic structure that is certified as being consistent with the historic charactet of the property and, where applicable. the district in which it is located. To be eligible for the tax credits for rehabilitation, a project must meet the basic tax requirements of the Internal Revenue Code as well as the certification requirements. The building must be a depreciable building (i.e., used in a trade or business or held for 0 s the productioh of income) and not an owner -occupied residence. The rehabilitation costs must exceed the greater of the adjusted -basis of the building or $3,000 within a 24-month period. For purposes of the charitable contributions only, certified historic structures need not be depreciable buildings to qualify.. Owners of properties either listed individually or within districts in the National Register of Historic Places are eligible to apply for certifications. Owners of properties located in state or local districts may also apply for certifications, if the statutes under which the districts were established have been certified. The -7 districts -themselves must also have been certified as substantially meeting National Register Criteria for Evaluation. Preliminary determinations of significance may be requested for buildings which are '1 not yet listed in the National Register or which are located in potential historic districts. (See "Obtaining the Necessary Certifications.") 92-- 649 7 TAX CREDITS FOR HISTORIC REHABILITATIONS Section 251 of the Tax Reform Act of 1986 (11C. Section 46 and 48) permits an owner (or a lessee with a; lease term of 27.5 years for residential or 31.5 yeah of nonresidential property) to elect a 20% tax credit on qualified rehabilitation expenditures incurred from January 1, 1987, in connection with a certified' rehabilitation. The building can be used for industrial, commercial, or rental residential purposes. The certified historic structure must be substantially rehabilitated with the qualified expenditures exceeding the greater of $5,000 or the adjusted basis of the building. The adjusted basis is generally the actual cost of the property minus the cast of the land, plus any capital improvements already made, minus any depreciation already taken. Theexpenditure test to qualify for the tax credit must be met within a 24- month period or over a 60•month period for phased projects if written architectural plans and specifications are completed before the rehabilitation begins. Depreciation Rehabilitated property that is placed in service after I f ( December 31, 1986, is depredated using the straight. line method over 27.5 years for residential property and over 31.5 years for nonresidential property. The depreciable basis of the rehabilitated building must be reduced by the full amount of the tax credit claimed. Alternatively, rehabilitated property may be depreciated using the 40-year straight-line method i (also with a full adjustment to basis by the amount of the credit). The difference between depreciation deductions using the 40-year straight-line and the 27.5 or 31.5 straight-line methods is treated as an item of tax preference under the Tax Reform Act of 1986. (See "Alternative Minimum Tax.") Transition Rules A 25% tax credit will apply to certified rehabilitations that: 1. are completed pursuant to a contract that was binding on March 1. 1986; L11 7 2. were aequired pursuant to a contract that was binding on March 1, 1986. if (A) Part 1 and Part 2 of the Historic Preservation Certification Application were on, file with the SHPO or the NPS before March 2, 1986, or (B) the lesser of $1 million or 5% of qualified rehabilitation expenditures was incurred before March 2, 1986, or required to be incurred pursuant to a contract that was binding on March 1, 1986; or 3: were listed• specifically in the Tax Reform Act of 1986. .Such certified rehabilitation projects must be placed in service prior to January 1. 1994. For rehabilitations of non -historic buildings which meet this transition rule, 10% and 13% tax credits will be substituted for the 15% and 20% tax credits, respectively. Alternative, shorter depreciation methods apply to property that was subject to a binding contract for acquisition or constructions as of March 1, 1986, of was significantly under construction as of March 1. 1986, if such property is placed in service before January 1, 1991. Retention of Extemal Walls Effective January 1. 1987, certified rehabilitations do not have to meet a specified physical test for retention of external walls or internal structure framework other than NPS rehabilitation certification requirements. Certified rehabilitations, however, generally should satisfy the external wall retention test given below. In appropriate instances (e.g.. when existing external walls detract from the historic character of the structure, or the historic district in which it is located, or when such walls have lost their integrity due to deterioration), the rehabilitation may certified notwithstanding the loss of or alteration to the external walls or structural framework. For rehabilitations of non -historic buildings, the Tax Reform Act of 1986 requires that during the course of rehabilitation, 92- 649 W i at least 50 % of the buildings existing walls must be retained in place as external walls, and at least 75% of the building's existing external walls must be retained in place as either external or internal walls, and • at least 75% of the building's internal structural framework must remain in place. Claiming the Investment Talc Credit The tax credit must be claimed for the tax year in which the rehabilitated building is placed in service. For phased projects, the tax credit may be claimed before completion of the entire project on the basis of "qualified progress expenditures" if construction is planned for two or more years. The IRS requires that a copy of the final NPS certification of completed work be filed with the tax return claiming the tax credit. f� In the event final certification has not yet been received when the taxpayer files the tax return claiming the credit, a copy of the first page of the Historic Preservation Certification Application —Part 2 — Description of Rehabilitation, with evidence tha- it has been received by either the SHPO or the NPS (date -stamped application or other notice is sufficient indication of receipt) should be filed with the tax return. In such cases, the taxpayer has up to 30 months after the date of the tax return claiming the tax credit to submit final certification of the rehabilitation to the IRS. r Recapture of the Credit Generally, if a qualified rehabilitated building is held by the taxpayer for longer than five years after the rehabilitated building is placed in service, there is no recapture of the tax credit. If the owner disposes of the. property after a holding period of less than one year after it is placed in service, 100% of the tax credit is ,_ recaptured. For properties held between one and five years, the tax credit recapture amount is reduced by . t 20% per year. The NPS may inspect a rehabilitated property at any time during the 5-year period and may revoke certification if work was not undertaken as presented in the Historic Preservation Certification -E _I L Application or if further unapproved alterations have been made. The NPS will notify the IRS of -arty such revocations. 92- 649 r e OBTAINING THE NECESSARY CERTIFICATIONS The procedures for obtaining historic preservation certifications are more fully explained in Title 36 of the Code of Federal Regulations, Part 67. These regulations published by the Department of Interior control in the event of any inconsistency with this booklet. (See also Department of the Interior, 36 CFR Part 67, Final Regulations, "Historic Preservation Certifications" published in the Federal Register, February 26, 1990, FR6764.) Role of the State Historic Preservation Officer Property owners interested in obtaining Federal tax incentives should contact their SHPO for obtaining the necessary application forms and for information on complying with procedural requirements for certification. Each SHPO has complete records of buildings and districts listed in the National Register Of Historic Places, including state and local historic districts, and can provide both technical assistance and literature on selecting appropriate rehabilitation treatments and techniques. All applications are submitted to the SHPO where they receive a thorough review for completeness of documentation and appropriateness of rehabilitation work before being forwarded to the appropriate NPS regional office. Owners seeking certifications must provide sufficient information in the application to permit the review and evaluation required prior to a decision on certification. The recommendation of a SHPO receives careful attention at the Federal level. Earle consultation with the SHPO can help avoid problems and delays in obtaining the necessary certifications. Role of the National Park Service The NPS reviews all certification requests for conformance to legal standards and issues the certifications and approvals described in this section in writing directly to the property owner or applicant for certification. Owners denied certification of significance or rehabilitation may appeal under Department of the Interior regulations governing certifications for preservation tax incentives. Role of the Internal. Revenue Service The IRS is responsible for all procedures and other legal matters concerning the tax consequences of certifications, including determining which rehabilitation expenditures qualify for the tax credit. The IRS regulations governing the tax credits for rehabilitation expenditures are contained in Title 26 of the Code of Federal Regulations, Parts 1 and 602. which control in the event of any inconsistency with the descriptions of the tax consequences of the provisions described in this booklet. (See also Internal Revenue Service. 26 CFR Parts 1 and 602, Final Regulations, "Investment Tax Credit for Qualified Rehabilitation Expenditures," published in the Federal Register, October 11, 1D88, FR 39589.) Certifications of Significance Properties Individually Listed in the rational Register All individualIv listed National Register buildings are :onsidered certified historic structures if they are subject to depreciation (this latter requirement does not apply for purposes of charitable contributions). Owners of these buildings generally do not have to complete a Historic Preservation Certification kpplication, Part I — Evaluation of Significance. To determine whether or not a property is individually listed in the National Register, a property owner should consult the SHPO or the listing of the National Register entries in the Federal Register found in most large libraries. Properties within Registered Historic Districts Owners of buildings located within a registered historic district must complete Part 1 application according to the instructions included with the application. A Part 1 receives a thorough review by the SHPO prior to submission to the NPS for a certification decision. Part 1 applications are used, to obtain determinations of the following: 92- 649 W a depreciable building is of historic significance to the district and is a certified historic structure for purposes of rehabilitation; or a depreciable building is not of historic significance to the district for purposes of the 10% tax credit ior•rehabilitation of non -historic buildings; or a depreciable or non -depreciable building is of historic significance to the district and is a ,certified historic structure for purposes of a charitable contribution for conservation purposes. For certification purposes, the historic significance of a building to the historic district in which it is located is evaluated in accordance with the "Standards for Evaluating Significance within Registered Historic Districts," printed elsewhere in this booklet. Preliminary Determinations of Significance A Part I application as described above, may also be used to obtain preliminary determinations of significance for buildings which appear to meet National Register -criteria but are not yet listed in the .National Register or which are located in potential historic districts. Property owners may request preliminary determinations as to whether such buildings may qualify as certified historic structures when and if the building or potential historic district is listed in the National Register. Such determinations are not binding and become final as of the date of the listing of the building or historic district in the National Register. Such a preliminary determination may also be obtained by using a Part 1 application for a building in a registered historic district that is outside the Period or area of significance of the district as documented with the NPS. These preliminary determinations become final when the district documentation on file Ivith the NPS is formally amended. Certifications of Rehabilitation A property owner seeking certification of rehabilitation work involving a certified historic structure must submit a Historic Preservation Certification Application, Part 2 -- Description of Rehabilitation, according to instructions included with the application. Part 2 may be completed at any time during the course of the rehabilitation work, although owners are strongly encouraged to submit proposed work for approval prior to construction. A Part 2 application also receives a thorough review by the SHPO prior to being forwarded to the NPS for a certification decision. A project does not become a certified rehabilitation eligible for the tax incentives until it is completed and so designated by the NPS. When a project which has rrteived a preliminary approval of proposed work is completed, the owner must submit a Request for Certification of Completed Vork. If preliminary approval has not been requested before completion of a rehabilitation project, the Part 2 and the Request for Certification of Completed Work must be submitted simultaneously. All rehabilitation projects that owners wish certified for purposes of Federal tax incentives are reviewed and evaluated in accordance with "The Secretary of the Interior's Standards for Rehabilitation." These 10 Standards (printed elsewhere in this booklet) pertain to historic buildings of all materials. construction types, sizes, and occupancy and encompass the exterior and interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment as well as attached, adjacent or related new construction. The Standards are used to determine whether the historic character of a building is preserved through the process of rehabilitation. - Although rehabilitation assumes that some repair or alteration of the historic building wiil occur to provide for an efficient use, the project must not damage or destroy the material and features, both interior and exterior, that are important in defining the building's historic character. The entire project (including any related demolition or new construction) is reviewed and is certified only if the overall rehabilitation project meets the Standards. 92- 649 R14 Processing Fees Application processing fees are charged by the NPS for reviews of requests for certification of rehabilitation except for projects under $20.000. Payment should not be sent until requested by the NPS, and applicants will be notified of the amount to be submitted by return mail. Final action will not be taken on an application until payment is received. Fees are not refundable. The fee review of proposed or ongoing rehabilitation work for all projects oi'er $20.000 is S250. The fee for review of completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows: FK Six of MA411rta1,w► S500 $20.000 to S99.999 S800 $100.000 to S499.999 in $1,500 S500,000 to S999.999 52,500 S1,000,000 or more If a review of proposed or ongoing rehabilitation work has been made prior to submission of the Request for Certification of Completed Work, the NPS will deduct the S250 from the total owed for review of completed rehabilitation work. In general, each rehabilitation of a certified historic structure will be considered a separate project when computing the amount of the fee. ' Certification of State and Local Statutes and Historic Districts AM A building located in a state or local historic district can also qualify for preservation tax incentives if the, statute or ordinance creating the district has been certified: if the district has been certified as substantially meeting National Register criteria; and if the I)Toperty is certified as being of historic significance to the district. 'ro he eligible for certification, statutes establishing a district or districts must contain criteria that substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district. At a minimum, the statute should provide for :1 a duly designated review body, such as a board al• commission, with the power to review proposed - Wterations to buildings of historic significance witUirt designated districts. ' The requests -for certification of statutes and state r„ local historic districts designated thereunder must be made to the SHPO by ar. authorized representativc ni the governmental body that enacted the law. Documentation must include copies of the statute and related bylaws or ordinances, and, in the case of local historic district statutes, copies of applicable enabling state legislation. District documentation must include a description of its appearance, a statement of significance. a map defining the boundaries, an indication of buildings that do not contribute to the district's significance, and representative photographs. The SHPO reviews the documentation and forwards it with a recommendation to the appropriate XPS regional office. Notifications of certification are sent directly to the authorized governmental representative by the NPS. LO 92- 649 ILI Is OTHER TAX PROVISIONS APPECTING USE OF PRESERVATION TAX INMENTIVES This section discusses other provisions of the Tax Reform Act of 1986 that may affect use of preservation tax incentives depending on the nature of the investment in a certified rehabilitation project and the taxpayer's income. Specialized tax advice should be sought for a full interpretation of the effect of these provisions. Passive Losses and Credits Effective January 1, 1987, income and losses are divided, in effect, into three categories: "active" (salaries, wages. business income), "portfolio" (interest, d►vidertds), and "passive" (generally income from businesses in which the taxpayer does not materially participate). Rental real estate, other than that involving services such as hotels, is considered a passive activity irrespective of the taxpayer's material participation. Material participation is defined as involvement in the activity on a regular, continuous, and substantial basis, limited partners are categorized as not materially participating. Generally, taxpayers will be barred from -using losses and credits from passive sources to avoid taxes on active or portfolio income; losses and credits from passive sources will be allowed only against other passive income. Under special rules described below, a limited annual amount of losses and the deduction equivalent of credits from passive sources may be allowed against active income by certain taxpayers who -actively participate" in their rental real property activities (both historic and non -historic). For example, if such a taxpayer incurs S10.000 in losses from a rental property, the amount remaining for computation of available tax credits is S15.000 of active income (S25,000 annual limitation). ' Activc participation" will be specifically defined by the IRS in regulations but appears to be less restridiVe than "material participation." Passive Loss Rules'for Rental Real Estate Taxpayers who "actively participate" and have incomes irss than S 100.000 (gent -rally. adjusted grass 17 income with certain modifications) may take up to $25,000 in losses annually from rental properties. This $25,000 annual limit on,losses is reduced for -' individuals with incomes between $100,000 and $150,000 and eliminated for individuals with incomes over $150,000. -, Passive Credit Exemption Tax credits from rental property activities can be used to offset the tax owed on up. to $25,000 of "active income." The exemption is not a $25,000 credit but computation of a credit on the tax on up to $25,000 of "active income." (Referred to above as the deduction --� equivalent.) Futhermore, the $25,000 amount is first reduced by losses from rental real estate allowed under the "active participation" rule above. The passive credit exemption is phased out in the same manner as the passive loss exemption. Passive Credit Rules for Certified Rehabilitations and Low -Income Housing The S25,000 allowance for credits (but not losses) from certified rehabilitations and low-income housing is available to taxpayers (including limited partners) without regard to the active participation requirements and is phased out for individuals with incomes between S200,000 and $250,000. -- - i Transition Rules for• Pre -Enactment Investments _ The passive losses/credits rule will be phased in over five years for taxpayers who have invested in passive activities prior to October 22. 1986. In this case, investment in a passive activity means that the property was owned by the taxpayer or was the subject of a binding contract on October 22. 1986. and that the passive activity was being conducted as of that date. An investment in a passive activity commencing after October 22, 1986. qualifies for the pre -enactment phase -in provisions if the property was acquired pursuant to a binding contract in effect on August 16. 1986. or was under construction on or before August 16. 1986. Investors who meet the pre -enactment tests for passive activities may take 65% of their existing tax benefits (losses and credits) in taxable year 1987: 40% in taxable year 1988: 20% in taxable year 1989: and 10% 2- 649 �A A A E!, 0 UY N. IA in taxable year 1990, with full elimination of passive losses/credits in 1991. Unused passive losses and credits can be carried forward indefinitely and can be applied against gains upon disposition of the property. At -Risk Rules Section 503 of the Tax Reform Act of 1986 (IRC Section 465) extends the at -risk rules to real estate investments made after December 31. 1986. Under this provision a taxpayer will be able to deduct losses and obtain credits from a real estate investment only to the extent that the taxpayer is "at -risk" for the investment. The amount that a taxpayer is "at -risk" is generally the sum of cash or property contributions to the project*plus any borrowed money for which the taxpayer is personally liable, including certain borrowed amounts which are secured by the property used in the project. In addition, in the case of the activity of holding real property, the amount "at -risk" includes qualified non -recourse financing borrowed from certain financial institutions or government entities. Alternative ATinimum Tax Section 701 of the Tax Reform Act of 1986 (IRC Section 55-59) increases the alternative minimum tax rate from 20 b to 21 % and increases the number of tax preference items that must be used to calculate alternative minimum taxable income. Alternative minimum taxable income is computed from regular taxable income with certain adjustments and the addition of all appropriate tax preference items. New, tax preference items include: 1. Excess depreciation — For property placed in service alter December 31. 1986. the difference between the depreciation allowance using the straight-line method over a 27.5:11.5-year period and the depreciation allowance using the straight-line method over a 40-year period. 2. Untaxed gains or charitable contributions The appreciated value of property donated as a charitable contribution that has not been subject to a capital gains tax. 19 CHARITABLE CONTRIBUTIONS FOR HISTORIC PRESERVATION PURPOSES The Tax Reform Act of 1986 retains the provisions established by Section 6 of the Tax Treatment Extension Act of 1980 (IRC Section 170) that permit income and estate tax deductions for charitable contributions of partial interests in historic property. Generally, the IRS considers -that a donation of a qualified real property interest to preserve a historically important land area -or a certified historic structure meets the test of a charitable contribution for conservation purposes. For purposes of the charitable contribution provisions only, a certified historic structure need not be depreciable to qualify, may be a structure other than a building and may also be a remant of a building such as a facade, if that is all that remains, and may include the land area on which it is located. (See "Obtaining the Necessary Certifications" on obtaining certified historic structure designation.) The IRS definition of historically important land areas is contained in the Code of Federal Regulations at 26 CFR r.170A-1.1(d)(5) and includes: • independently significant land areas including any related historic resources that meet National Register Criteria for Evaluation; • land areas within registered historic districts, including any buildings, that contribute to the significance of the historic district; and • land areas adjacent to a property individually listed in the ;%ational Register of Historic Places (but not within a historic district) where physical or environmental features of the.land area contribute to the historic or cultural integrity of the historic property. For taxpayers who itemize deductions, the charitable contribution deduction for partial interests in historic property remains. Under the new alternative minimum tax provisions. the untaxed appreciation in property that is the subject of a charitable contribution is treated as an item of tax preference for gifts made after December 31, 1986. (For carryovers of unused charitable contribution deductions made before August 16, 1986. untaxed appreciation is not a tax preference itrtn.) 92- 649 20 Under the new alternative minimum tax provisions, the full fair market value of a donated preservation or conservation easement on property. which has appreciated since the'taxpayer acquired it, could be used to reduce the donor's adjusted gross income for purposes of computation of regular tax liability, but the appreciated portion of the donation must be used for purposes of computing the donor's alternative minimum tax. (See "Other Tax Provisions Affecting Use of Preservation Tax Incentives, Alternative Minimum Tax.") INVESTMENT TAX CREDIT FOR LOW INCOME HOUSING Section 252 of the Tax Reform Act of 1986 (IRC Section 42) provides for an investment tax credit for acquisition, construction, or rehabilitation of qualifying units of low income housing. There is a 9% tax credit per year for 10 years for each unit of low income housing acquired, constructed, or rehabilitated without other Federal subsidies and a 4% tax credit for 10 years for units involving'Federal ' subsidies or tax-exempt bonds. Qualifying rehabilitations under this provision must meet tests relating to cost per unit; number of units ocL-upied by individuals with incomes below area median income; and a 15-year compliance period. REHABILITATIONS INVOLVING GOVERNMENTS AND TAX-EXEMPT ENTITIES Generally, property used by governmental bodies, nonprofit organizations, or tax-exempt entities is not eligible for the rehabilitation tax credits and must be depreciated over the greater of 40 years or 125% of the term of the lease to the tax-exempt organization. If - more than 35%of-a property is in "tax-exempt use," the taxpayer cannot claim the tax credits for rehabilitation of the property. Tay: -exempt use property is property leased to a governmental body or tax-exempt entity and: • the lease term exceeds 20 years; or • the lease occurs after the sale or long-term lease to the taxpayer (sale/leaseback); or • the lease includes an option to purchase; or • all or part of the property %-As financed by tax exempt bonds and the tax-exempt entity participated in the financing. 'Property that is owned by a tax-exempt entity or governmental body and that is predominacly used by the lessee (taxpayer) in -an unrelated trade or business, the income of which is subject to Federal income tax. is eligible for the rehabilitation tax credits. 92 - 649 5 , { NATIONAL :PARK�.SERVICE The following questions and answers are provided in order to better illustrate the. eligibility requirements for claiming the Rehabilitation Tax Credit. When can a taxpayer clairn the rehabilitation tax credit? The property must be substantially rehabilitated. During a 24-month period selected by in the taxpayer, rehabilitation expenditures must exceed the greater of $5,000 or the adjusted basis of the building and its structural components. The basis of land is not taken into consideration. It is important to note that any expenditure incurred by the ' taxpayer before the start of the 24-month period will increase the original basis. See Treasury Regulation 1.48-12(b)(2). If the rehabilitation is completed in phases, the same rules apply, except that instead of a 24-month period, a 60-month period is substituted. This phase rule is available only if the taxpayer meets two conditions: 1. there is a written set of architectural plans and specifications for all phases of the . rehabilitation; and 2. it can be reasonabI expected that all phases of the rehabilitation will be completed. Y xP P P The property must be placed in service. See Treasury Regulation 1.46-3(d). The rehabilitation credit is generally allowed in the taxable year the rehabilitated property is placed in service, provided that the building has met the "qualified rehabilitated building" requirements for that taxable year. See Treasury Regulation 1.48-12(f)(2). If the taxpayer fails to complete the physical work of the rehabilitation prior to the date that is 30 months after the date that the taxpayer filed a tax return on which the credit is claimed, the taxpayer must submit a written statement to the District Director such fact and shall be requested to sign an extension to the statute of limitations. See Treasury Regulation 1.48-12(f)(2). 92- 649 What relationship exists between the "substantially rehabilitated" requirement and the "placed in service" requirement? Generally speaking, the 24-month measuring period ends sometime during the year in which the property is placed in service. When comparing the taxpayer's- qualified rehabilitation expenses to its basis, the expenses accrued over a 24-month period must end with or within the tax year the credit is being claimed. Exceptions to this rule exist if the building is never taken out of service during the rehabilitation. Then only the substantial rehabilitation test must be met. See Treasury Regulation 1.48-12(f)(2). Another exception could exist in an elected 60-month phased rehabilitation. Per "Ford, 90-2 USTC", the court ruled that the tax credit could be claimed on assumed eligibility. The substantial rehabilitation test does not have to be met as long as a phase is placed in service and it is expected that the substantial rehabilitation test will be met within 60 months. How do you compute adjusted basis? For the substantial rehabilitation test, the date to determine adjusted basis of the building is determined as of the first day of the 24-month measuring period or the first day of the taxpayers holding period of the building, whichever is later. Generally the holding period is deemed to begin the day after acquisition. Adjusted basis of a building is the cost of the property (excluding land) plus or minus adjustments. Increases to basis includes capital improvements, legal fees incurred in perfecting title, zoning costs, etc. Decreases to basis include deductions previously allowed or allowable for depreciation. See Treasury Regulation 1.48-12(b)(2)(iii). What is the depreciable basis? There exists a basis reduction for rehabilitated buildings. Generally, after 1985, the basis of rehabilitated buildings, including certified historic structures, must be reduced by 100% of the rehabilitation credit earned, regardless of whether the credit is used or carried forward. The reduction amount is added back if the credit is recaptured. See Treasury Regulation 1.48-12(e). What method of depreciation is required when claiming the rehabilitation tax credit? The rehabilitation credit is available only if the taxpayer uses the straight-line MACRS depreciation method or the straight-line MACRS alternative depreciation system. Current recovery period is 27.5 years for residential rental property and 31.5 years for non-residential real property. The mid -month convention rule applies. See Treasury — Regulation 1.48-12(c)(8). 92— 649 --1 �i L pi 01": 00 0 ATTACHMENT 1 At-Risk Limitations - Rehabilitation Tax Credit (An excerpt from '"Tax Management Portfolio" 477-2nd) Even though property otherwise qualifying for the reha- bilitation credit under 148(g) will, under the 1986 TRA, be subject to the §465 at -risk rules, holders of such property may still qualify for the rehabilitation credit with respect to their basis in such property in excess of their actual at -risk amount. Under §46(c)(8)(A). a taxpayer's basis for pur- pose of calculating the credit must be reduced by the "nonqualified nonrecourse financing" with respect to such property as of the close of the taxable year in which such property is placed in service. "Nonqualified nonrecourse financing" is ' any nonrecourse financing which is not "qualified commercial financing.""' "Qualified commer- cial financing" is, in turn, defined as any financing with respect to any property if: (i) such property is acquired by the taxpayer from a person who is not a related person, (ii) the amount of the nonrecourse financing with respect to such property does not exceed 80% of the basis of such property on which the credit is calculated. and (iii) such financing is borrowed from a qualified person or represents a loan from any federal, state, or local government or instrumentality thereof, or is guaranteed by any federal, state, or local government."' Convertible debt is also ex- cluded from the definition of qualified commercial financing. A "qualified person" is any person meeting the follow- ing four criteria: (i) The person is actively and regularly engaged in the business of lending money (former §46(c)(8) speci- fied banks, insurance companies, and other financial institutions); (ii) The person is not a related person with respect to the taxpayer, (iii) The person is not a person who receives a fee with respect to the taxpayer's investment in the proper- ty, or a person related to such person; and (iv) The person is not a person from which the taxpayer acquired the property, or a related person to such person."' The term "nonrecourse financing" for purposes of this provision generally includes: (i) any amount with respect to which the taxpayet: is protected against loss through guar- -' antees. stop -loss agreements. or other similar arrangements. and (ii) except to the extent provided in regulations. any amount borrowed from a person who has an interest (other than as a creditor) in the activity in which the property is used or from a related person to a person having such7 an interest-"' A "related person" for purposes of this provision is defined in the same manner as such term is defined for purposes of the 1465 at -risk limitations on louses"' The effect of these special rules of §46(c)(8) is to create an exception from the at -risk limitations for purposes of the rehab and low-income housing credits which is similar. but not identical, to the exception from the at -risk loss limitations under §465 for qualified nonrecourse fi- nancing"' Under §465(b)(6)(A), even though the activity of holding real property is subject to the at -risk limitations on losses, a taxpayer is considered at risk with respect to the taxpayer's share of qualified nonrecourse financing secured by real property used in the activity. However, there are several material difrerences between the exception from the at -risk rule for purposes of the rehab credits and for purposes of the at -risk limitation on losses. First. if property is acquired from a related person. the financing on such property is treated as "nonqualified nonrecourse fi- nancing" for purposes of §46(c)(8), and thus such financ- ing cannot be included in the taxpayer's basis for purposes of computing the credit. In contrast, financing can be included in the taxpayer's at risk amount for purposes of §465 even if the property is acquired from a related person. and even if such related person provides the financing, where such financing is commercially reasonable and on substantially the same terms as loans involving unrelated persons"' Secondly, 146(e)(8) excludes from basis for purposes of computing the credit any nonrecourse financing which exceeds 80% of the taxpayer'i basis in such property, whereas the qualified nonrecourse financing exception un- der 1465 imposes no limit on the portion of the taxpayer's basis which can be financed with nonrecourse debt. Pre- sumably, in the absence of any specific (and supportable) allocation to the contrary, all components of the financing for property qualifying for the LIH or rehabilitation credit are deemed to finance ratably the taxpayer's aggregate basis in the property. '"Set Shapiro. "1978 Revenue Act Favors Real Estate Investments Analyzing Current Advantages:' 50 J. Tax. 32. 33 (Jan. 1979). "' H.R. Rep. No. 1443. 93th Cons. 2d Sem 70. n. 2 (1978). " PLR 9641024. 'u 146(c)(8)(D)(1)• 146(c)(8)(D)(ii). ,.' 146(c)(8)(D)(1v). 146(e)(3)(D)(M). . ."1146(0l8)(D)(v) and 463(b)(3)(C). " 1465(b)(6). 1463(b)(6)(D)((i). 92- 649 Can a taxpayer claim a 10% credit on any rehabilitated builduig? A taxpayer cannot claim a 10% rehabilitation credit on a building which is in a Registered Historic District or on the National Register of Historic Places. For these properties only the 201-Yo credit is allowable. Property not qualifying as a certified historic structure is ineligible for *the rehabilitation credit if it is used as a lodging facility (other than hotels or motels for transients) after the rehabilitation is complete. Consequently, a rehabilitated property used as an apartment is ineligible foi the 10% credit. See Treasury Regulation 1.48-1(h)(1)(i) and (2)(u)• A building that has been physically moved is ineligible for the 10% rehabilitation credit. It is allowed only for a certified historic structure. What are the procedural ndes for claiming the credit? The credit is claimed on Form 3468. Attached to the Form 3468 (or by way of a marginal notation), the following information must be given [See Treasury Regulation 1.48-12(b)(2)(viii)]: A) The beginning and ending dates for the measuring period selected by the taxpayer. B) The adjusted basis of the building as of the beginning of the measuring period. C) The amount of rehabiiitation expenditures incurred or treated as incurred during the measuring period. D) Copy of the final certification of completed work by the Secretary of the Interior. E) If the adjusted basis is determined in whole or in part by reference to the adjusted basis of a person other than the taxpayer, the taxpayer must attach a statement by such third party as to the first day of the holding period, measuring period and adjusted basis calculation. 92-- 649 Can a seller of a certified tehabititated property, who has not claimed the rehabilitation credit, pass the credit to a buyer? The seller can pass the credit to a buyer, provided that no one has claimed a rehabilitation credit for the rehabilitation costs and the building acquired was not used after the seller incurred the expenditures and before the date of acquisition. See Treasury Regulation 1.48-12(c)(3). The amount of expenditures that are treated as incurred by the buyer is the lesser of: (A) the amount of expenses actually incurred before acquisition or (B) an allocable portion of the cost of the property if it is bought for an amount less than the rehabilitation expenses actually incurred. See Treasury Regulation 1.48-12(c)(3)(u)(B)• Can a taxpayer incur and claim additional rehabilitation costs in a taxable year subsequent to the year, in which the rehabilitation credit was originally claimed? The rehabilitation tax credit is 20% of the qualified rehabilitating costs incurred before and during, but not after, a taxable year for which the credit is claimed, that is, the year in which the property is placed in service. Costs incurred thereafter do not qualify for the credit. It is important to distinguish between qualified rehabilitation costs incurred during a 24-month measuring period and the costs incurred from the start of the project and up through the end of the taxable year of the credit. Once it is determined that a taxpayer qualifies (the 24-month test), the credit applies to all costs incurred until the end of the taxable year in which the credit is claimed. It is possible that an additional rehabilitation credit would be allowable on a new project within the same property as long as that project involves a portion of the building that was not placed in service. Do investment credit at -risk rules apply? The investment credit at -risk rules apply after 1986 to the rehabilitation tax credit since those rules apply to property used in a *real estate activity. See Internal Revenue Code Section 46(C)(8)(B) and Code Section 465(C)(3)(D)'. For a detailed discussion please see attachment 1. =� Are passive activity limitations in effect? The passive activity loss limitations of Code Section 469 are effective generally for tax years beginning after 1986 and limit credits derived from passive activities. For a detailed discussion please see attachment 7- 92- 49 i Mat it included in qualified rehabilitation expenditures? Any expenditure incurred in connection with the rehabilitation of a qualified building that are properly chargable to a capital account. These expenditures do not include: A) Costs of acquiring the building or any interest therein. See Treasury Regulation 1.48-12(c)(9). B) Enlargement costs which expand the total volume of the existing building. Interior modeling which increases floor space is not considered enlargement. See Treasury Regulation 1.43-12(c)(10). C) 'expenditures attributable to work done to facilities related to a building, such as parking lots, sidewalks and landscaping. See Treasury Regulation 1.48-12(c)(5). D) New building construction costs. How do the recapture rules apply? The rehabilitation credits are subject to recapture. No recapture is required after five years. The amount of such recapture is reduced by 20% for each full year that elapses after the property is placed in service. Thus there is a 100% recapture if the property is disposed of less than one year after the property is first placed in service; and 80 recapture after one year; 60% after two years, 40% after three years, 20% after four years. See Code Section 47(a)(5). How is the rehabilitation tax credit computed when a portion of the property it not used for business? An allocation must be made between the business and non -business portions of the qualified rehabilitation expenditures. The allocation is generally based on square footage. The percentage of expenditures representing. the non -business portion is subtracted from the qualified rehabilitation expenditures eligible for the tax credit. The "substantial rehabilitation" test and "placed in service" test applies to the business portion. How are the rehabilitation tax credit carrybacks and canyforwardr applied? If all of the credit cannot be used, the excess can be carried back three years and then forward fifteen years. Form 3468 is used to figure the rehabilitation tax credit in the current year and Form 3800 is used to reflect the carryback/carryforward amount. 92 649 0 I H P111 I r Passive Loss Limitations Portfolio" 477•2nd) Rehabilitation Tax Credit The passive activity loss limitations of §469 are effec- tive generally for taxable years beginning after 1986, and limit credits derived from passive activities. passive activi- ties are broadly defined to include any rental activity and any other trade or business activity in which the taxpayer is not a material participant. Credits subject to the passive activity limits are suspended and may be utilized in ensuing years only against tax liability generated -by passive income. Passive income, moreover, is narrowly defined and does not include portfolio income such as income from interest and dividends. The passive activity limits apply generally to individuals. estates, trusts, and personal service corporations. The passive activity limits apply to a lesser extent to closely -held C corporations, which can use passive activity credits to offset the tax on not only passive activity income but also active income (with the exception of portfolio income)?" A "closely -held C corporation" is any C corpo. ration with respect to which at any time during the last half of the taxable year in question more than 50% in value of its outstanding stock is owned, directly or indirectly, by or for not more than 5 individuals'" This more permissive rule does not, however, apply to "personal service corporations." which are subject to the stricter general rule prohibiting the use of passive activity credits to offset tax on any income other than passive activity income."' A "personal service corporation" is a corporation whose principal activity is the performance of personal services and whose services are substantially performed by emplove"wners.'" "Employee - owners" include any employees who own. on any day during the taxable year, any of the outstanding stock of the corporation: in applying the ownership attribution rules of §318(a)(2)(C) for purposes of determining whether an employee owns any stock in the corporation. a corporation will be considered as owning the stock owned by any person owning any stock in such corporation.," Other C corporations are not subject to the passive activity rules, for this reason, such corporations are being sought as major prospective investors in low-income hous- ing and qualified rehabilitation projects. A further relaxation of the passive activity credit limi- tation is available with respect to credits attributable to certain rental real estate activities. Under §469(i)(1). in the case of any natural person, the passive activity credit limitation does not apply to that portion of the deduction equivalent of the passive activity credit which is attribut- able to all rental real estate activities with respect to which such person actively participated in the taxable year in which such portion of the credit arose. up to a deduction equivalent amount of 525,000 per year. Titus. in the case of 2 ATTACHiiENT 2 (An excerpt from "Tax Management credits ddtivta trom rental real estate activities, a taxpayer may use the credit -- up to a deduction equivalent amount of 525.000 per year -- to offset the tax on income other than passive income. so long as the taxpayer satisfies the "active participation" test with respect to such activity. This test is more easily satisfied than the "material partici- pation" test. which must generally be satisfied in order to avoid the application of the passive loss and credit limita- tions. In general terms, the difference between active par• ticipation and material participation is that the former can be satisfied without regular, continuous. and substantial involvement by the taxpayer in operations. provided that the taxpayer participates. for example. in the making of management decisions or arranging for others to provide services (such as repairs) in a significant and bona fide sense'" Even this relaxed standard is inapplicable, however, in the case of the rehab and low-income housing credits."' Those credits are available without regard to either the active or material participation requirements, although they are still limited to the $25,000 deduction equivalent. 'The deduction equivalent of.either of such credits is defined as the amount which, if allowed as a deduction, would reduce the regular tax liability of the taxpayer for such taxable year by an amount equal to such credits.'" Thus, assuming a 28% tax rate. the 525,000 deduction equivalent would be 28% of S25,000, or 57,000 in credits. (In other words, a 57,000 credit would result in the same tax savings to a taxpayer in the 28% marginal tax bracket as a 525,000 deduction.) The availability of the credit attributable to rental real estate activities is generally phased out by reducing the 525.000 deduction equivalent by 50% of the amount by which the taxpayer's adjusted gross income exceeds 5100,000'" This phaseout rule is also liberalized in the case of the low-income housing and rehab credits. In those cases, the 525,000 deduction equivalent is phased out by substituting 5200,000 of adjusted gross income for 5100,000 of adjusted gross income."' Comment: It is important to note that this treatment applies only to the credits arising from a rehabilitation or low-income bousing project, and not to any losses arising from the project. In other words, individual limited partner investors will be able to use credits from a project to offset taxes on up to 525,000 of other kinds of income if their total adjusted gross income is 5200,000 or less, but they will not be able to use losses from the project to shelter income which is not passive income. Example. A taxpayer claims the rehab credit with respect to a rental real estate activity in which he does C?� not actively or materially participate. The credit alloca. �1 ble to the taxpayer is 515.000. The taxpavei s adjusted gross income for the year in question is 5225.000. The 'w 139(d)(4). m 1469(e)(2)(A) and (0). 11469(1)(1). 4 (a)(1)(B). and 342(a)(2). O"The Blue Book state (at 2") that management decisions which are relevant in this context include approving new tenants. deciding on rental term& approving capital or repair expenditures. and other similar decisions. 1469(i)(6)(B). ^;469r11(5). —_-- Oa rehab credit available to the taxpayer for that year is subject to two different limitations. First. the credit is limited to it S25.000 deduction equivalent. If the year in question is 1987. the taxpayer's top marginal tax rate is 38.5%. and the taxpayer can claim -it credit of 38.5% of S25.000, or S9,625. However. because the taxpayer's AGI is S25.000 above the S200.000 threshold amount. the S25.000 deduction equivalent is reduced by 50% of S25,000, or S12.500. Thus. the credit is available to offset only the deduction equivalent of S I2.500, which . is. again assuming a 38.5% marginal tax rate. S4,812.50. Section 469 (i) has been amended by the 1989 Act to provide that the phaseout of the S25,000 exception to the passive loss rules does not apply to low-income housing credits. The amendment applies to properties placed in service after December 31, 1989, in taxable years after such date and is elective for taxpayers that hold interests in such properties if the interest is acquired after December 31. 1989. ' Comment. This amendment should make low-income housing more attractive to wealthy taxpayers. However, the ,credits may only be used to offset taxable income not allocable to passive income up to the deduction equivalent of $25,000. This amount is S7.000 for taxpayers in the 28% bracket. 'The §469 passive loss and credit rules are •phased ' in over a 4-year period if the taxpayer was engaged in a passive activity, or was under a binding written contract to acquire an interest in an activity, on the date of enactment of the 1986 TRA."' Under the phase -in, 65% of the losses or credits that would otherwise be disallowed under §469 are allowed in computing a taxpayer's regular tax liability for taxable years beginning in 1987. This allowance per- centage for regular tax purposes is reduced over the ensuing three taxable years as follows: 40% for 1988, 20`b for 1989, and .10% for 1990: " Note. Section 502 of the 1986 TRA provides a detailed set of transitional rules relating only to certain low-income housing projects acquired or constructed pursuant to a binding contract entered into on or before August 16. 1986. Section 502(e)(3) of the Act provides that no low-income housing credit may be claimed for a project with respect to which investors have benefitted from these transitional rules. . In general, credits which are not allowable as a result of the application of the passive activity rules discussed above can be carried forward indefinitely and cannot be carried back.'" The character of a credit relating to a. passive activity changes, in of ect, when the credit becomes allowable under the passive activity limitations (i.e., there is either sufficient passive income to allow its use, or it is within the scope of the S25.000 benefit for rental real estate activities). At such time. such credit is aggregated with credits relating to nonpassive activities of the taxpayer for purposes of determining whether all of such credits are allowable in light of other limitations applying to the use of 1469(m)(1) and (3)(8). 1469(m)(2). 1469(b); Blue Book at 224. "13E(e): Blue Book at 224. OACHMENT 2 (continued) f, credits (e.g., the 75% tax liability limitation, and the provision that credits cannot be ustd to reduce tax liability to less than tentative minimum tax liability)."' In the event that anv credits are not allowable because of such other credit limitations. the passive credits that are allowable under the passive activity rules are thereupon treated as nonpassive credits arising in the current taxable year."' 0 U ;, ..- ' .. 1 is s-� d - y y.7 y _t 4 �, ,cv. � s t The eretary of the Interior's }Standards for Rehabilitation and Guidelines for Rehabilitating Historic Building! U.S. Department of the Interior National Park Service Preservation Assistance Division Washington, D.C. 11 Contents Introduction to the Standards and Guidelines.................................................................. 5 BUILDING EXTERIOR Masonry. Brick, stone, terra-cotta. concrete, adobe, stucco, and mortar Preservation of Historic Features (maintenance, repair, replacement) .............................................. 12 Design for Missing Historic Features ..................................................... .................. 15 Wood: Clapboard. weatherboard, shingles. and other wooden siding and decorative elements Preservation of Historic Features (maintenance, repair, replacement) ........................................... 16 Design for Missing Historic Features ...................................................... ......... 18 Architectural Metals: Cast iron, steel, pressed tin, copper, aluminum, and zinc Preservation of Historic Features (maintenance, repair, replacement) ............................................. 19 Design for Missing Historic Features ...................................................................... 21 Roofs Preservation of Historic Features (maintenance, repair, replacement) ........................................... ?Z Design for Missing Historic Features ....................................... . . ......................... • • Additions/Alterations for the New Use 23 ........... , .. . , . 24 92 - 619 Windows Y Preorvattion of Historic Features (maintenance, repair, replacement) ................................. . ........... . 25 n Design for Missing Historic Features......................................................................... 26 Additions/Atterationsfor the New Use....................................................................... 27 Entrances and Porches Preservation of Historic Features (maintenance, repair, replacement) .............................................. 28 �c Design for Missing Historic Features......................................................................... 29 �• Additions/Alterations for the New Use....................................................................... 29 Storefronts Preservation of Historic Features (maintenance, repair, replacement) .............................................. 31 Design for Missing Historic Features......................................................................... 33 BUILDING INTERIOR - Structural Systems Preservation of Historic Features (maintenance, repair, replacement) .............................................. 34 Alterations/Additions for the New Use....................................................................... 36 Interior Spaces, Features, and Finishes Preservation of Historic Spaces, Features, and Finishes (maintenance, repair, replacement) .......................... . 37 . Design for Missing Historic Features and Finishes.............................................................. 40 +•.��A�t� at3.��ilAdrliKet►q far tin N4ij.1Se,�,...ce, ........ 41 1 Mechanical Systems Preservation of Historic Features (maintenance, repair, replacement) ....................... 43 e Alterations/Additions for the New Use....................................................................... 44 BUILDING SITE 7 j Preservation of Historic Features (maintenance, repair, replacement) .............................................. 45 - Design for Missing Historic Features ............................................. 48 Alterations/Additions for the New Use .................................................................. .. 48 - DISTRICT/NEIGHBORHOOD Preservation of Historic Features (maintenance, repair, replacement) ........................ ......... 49 Design for Missing Historic Features ............................................ . 51 .. Alterations/Additions for the New Use .................................................................... 51 ~' HEALTH AND SAFETY CODE REQUIREMENTS ENERGY RETROFITTING 53 NEW ADDITIONS TO HISTORIC BUILDINGS ss ........................................ 58 • 92- 649 � INTRODUCTION The Secretary of the Interior is responsible for establishing standards for all program under Departmental authority and for advising Federal agencies on the preservation of historic properties listed or eligible for listing In the National Register of Historic (Places. in partial fulfillment of this responsibility, the Secretary of the Interior's Standards for Historic Preservation Projects have been developed to guide work undertaken on historic buildings —there are separate standards for acquisition, protection, stabilization, preservation, rehabilitation, restoration, and reconstruction. The Standards for Rehabilitation (codified In 36 CFR 67) comprise that section of the overall preservation project standards and addresses the most prevalent treatment. "Rehabilitation" is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." Initially developed by the Secretary of the Interior to determine the appropriateness of proposed project work on registered properties within the Historic Preservation Fund grant-in-aid program, the Standards for Rehabilitation have been widely used over the years —particularly to determine if a rehabili- tation qualifies as a Certified Rehabilitation for Federal tax purposes. In addition, the Standards have guided Federal agencies in carrying out their historic preservation. responsibilities for properties in Federal ownership or control; and State and local officials In reviewing both Federal and nonfederal rehabilitation proposals. They have also been adopted by historic district and planning commissions across the country. igl The intent of the Standards is to assist the long-term preservation of a property's significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and interior of the buildings. They also encompass related landscape features and the building's site and environment, as well as attached, adjacent, or related new construction. To be certified for Federal tax purposes, a rehabilitation project must be determined by the Secretary to be consistent with the historic character of the structure(s), and where applicable, the district in which it is located. H I As stated in the definition, the treatment "rehabilitation" assumes that at least some repair or alteration of the historic building will be needed In ordesto provide for an efficient contemporary use; however, these repairs and alteration must not damage or destroy materials, features or finishes that are important in defining the building's historic character. For example, certain treatments —if improperly applied —may cause or accelerate physical dete- ._"--_.doration.of historic b W. damages historic fabric. In almost all of these situations, use of these materials and treatments will result in a project that does not meet the Standards. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of lift the structure will fail to meet the Standards. L1, Technical Guidance Publications The National Park Service, U.S. Department of the Interior, conducts a variety of activities to guide Federal agencies, States, and the general public in historic preservation project work. In addition to establishing standards and guidelines, the Service develops, publishes, and distributes technical information on appropriate preservation treatments, including Preservation Briefs, case studies, and Preservation Tech Notes. A Catalog of Historic Preservation Publications with stock numbers, prices, and ordering information may be obtained by writing: Preservation Assis- tance Division, Technical Preservation Services, P.O. Box 37127, Washington, D.C. 20013-7127. 92- 649 GUIDELINES FOR REHABILI l""I NG HISTORIC BUILDINGS The Guidelines were initially developed in 1977 to help property owners, developers, and Federal managers apply the Secretary of the In- terior's "Standards for Rehabilitation" during the project planning stage by providing general design and technical recommendations. Unlike the Standards, the Guidelines are not codified as program requirements. Together with the "Standards for Rehabilitation" they provide a model process for owners, developers, and Federal agency managers to follow. It should be noted at the outset that the Guidelines are intended to assist in applying the Standards to projects generally; consequently, they are not meant to give case -specific advice or address exceptions or rare instances. For example, they cannot tell an owner or developer which features of their own historic building are important in defining the historic character and must be preserved --although examples are provid- ed in each section —or which features could be altered, if necessary, for the new use. This kind of careful case -by -case decisionmaking is best accomplished by seeking assistance from qualified historic preservation professionals in the planning stage of the project. Such professionals include architects, architectural historians, historians, archeologists, and others who are skilled in the preservation, rehabilitation, and restoration of historic properties. The Guidelines pertain to historic buildings of all sizes, materials, occupancy, and construction types; and apply to interior and exterior work as well as new exterior additions. Those approaches, treatments, and techniques that are consistent with the Secretary of the Interior's "Standards for Rehabilitation" are listed in the "Recommended" column on the left; those approaches, treatments, and techniques which could adversely affect a building's historic character are listed in the "Not Recommended" column on the right. To provide clear and consistent guidance for owners, developers, and federal agency managers to follow, the "Recommended" courses of ac- tion in each section are listed in order of historic preservation concerns so that a rehabilitation project may be successfully planned and com- pleted —one that, first, assures the .preservation of a building's important or "character -defining" architectural materials and features and, second, makes possible an efficient contemporary use. Rehabilitation guidance in each section begins with protection and maintenance, that work' which should be maximized in every project to enhance overall preservation goals. Next, where some deterioration is present, repair of the building's historic materials and features is recommended. Finally, when deterioration is so extensive that repair is not possible, the most problematic area of work is considered: replacement of historic materials and features with new materials. To further guide the owner and developer in planning a successful rehabilitation project, those complex design issues dealing with new use re- quirements such as alterations and additions are highlighted at the end of each section to underscore the need for particular sensitivity in these areas. Identify, Retain, and Preserve ».:<.• The guidance that is basic to the treatment of all historic buildings —identifying, retaining, and preserving the form and detailing of ­­tlrose-architectural-materials and'features that are important in defining the historic character —is always listed first in the "Recommended" column. The parallel "Not Recommended" column lists the types of actions that are most apt to cause the diminution or even loss of the building's historic character. It should be remembered, however, that such loss of character is just as often caused by the cumulative effect of t3 a series of actions that would seem to be minor interventions. Thus, the guidance in all of the "Not Recommended" columns must be viewed in that larger context, e.g., for the total impact on a historic building. . Protect and Mainta jn After identifying those materials and features that are important and must be retained in the process of rehabilitation work, then protecting and maintaining them are addressed. Protection generally involves the least degree of intervention and is preparatory to other work. For example, protection includes the maintenance of historic material through treatments such as rust removal, caulking, limited paint removal, and re -application of protective coatings; the cyclical cleaning of roof gutter systems; or installation of fencing, protective plywood, alarm systems and other temporary protective measures. Although a historic building will usually require more extensive work, an overall evalua- tion of its physical condition should always begin at this level. Repair Next, when the physical condition of character -defining materials and features warrants additional work repairing is recommended. Guidance for the repair of historic materials such as masonry, wood, and architectural metals again begins with the least degree of interven- tion possible such as patching, piecing -in, splicing, consolidating, or otherwise reinforcing or upgrading them according to recognized preser- vation methods. Repairing also includes the limited replacement in kind —or with compatible substitute material --of extensively deteriorated or missing parts of features when there are surviving prototypes (for example, brackets, dentils, steps, plaster, or portions of slate or tile roof- ing). Although using the same kind of material is always the preferred option, substitute material is acceptable if the form and design as well as the substitute• material itself convey the visual appearance of the remaining parts of the feature and finish. Replace Following repair in the hierarchy, guidance is provided for replacing an entire character -defining feature with new material because the level -1 of deterioration or damage of materials precludes repair (for example, an exterior cornice; an interior staircase; or a complete porch or 4 storefront). If the essential form and detailing are still evident so that the physical evidence can be used to re-establish the feature as an in- tegral part of the rehabilitation project, then its replacement is appropriate. Like the guidance for repair, the preferred option is always replacement of the entire feature in kind, that is, with the same material. Because this approach may not always be technically or economical- ly feasible, provisions are made to consider the use of a compatible substitute material. It should be noted that, while the National Park Service guidelines recommend the replacement of an entire character -defining feature under certain well-defined circumstances, they never recommend removal and replacement with new material of a feAhre that —although damaged or deteriorated —could reasonably be repaired and thus preserved. Design for Missing Historic Features 9 9 --` 4 9 When an entire interior or exterior feature is missing (for example, an entrance, or cast iron facade: or a principal staircase), it no longer plays a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the proc- ess of carefully documenting the histori pearance. Where an important architecturalM.1, is missing, its recovery is always recom- mended in the guidelines as the first or p�ed, course of action. Thus, if adequate historpiectorial, and physical documentation exists so that the feature may be accurately reproduced, and if it is desireable to re-establish the feature as part of the..huw[ng's historical ap- pearance, then designing and constructing a new feature based on such information is appropriate. However, a second acceptable option for the replacement feature is a new design that Is compatible with the remaining character -defining features of the historic building. The new design should always take into account the size, scale, and material of the historic building itself and, most importantly, should be clearly dif- ferentiated so that a false historical appearance is not created. Alterations/Additions to Historic Buildings Some exterior and interior alterations to the historic building are generally needed to assure its continued use, but it is most Important that such alterations do not radically change, obscure, or destroy character -defining spaces, materials, features, or finishes. Alterations may in- clude providing additional parking space on an existing historic building site; cutting new entrances or windows on secondary elevations; in- serting an additional floor; installing an entirely new mechanical system; or creating an atrium or light well. Alteration may also include the selective removal of buildings or other features of the environment or building site that are intrusive and therefore detract from the overall historic character. The construction of an exterior addition to a historic building may seem to be essential for the new use, but it is emphasized in the guidelines that such new additions should be avoided, if possible, and considered only after it is determined that those needs cannot be met by altering secondary, i.e., non character -defining interior spaces. If, after a thorough evaluation of interior solutions, an exterior addition is still judged to be the only viable alternative, it should be designed and constructed to be clearly differentiated from the historic building and so that the character -defining features are not radically changed, obscured, damaged, or destroyed. Additions to historic buildings are referenced within specific sections of the guidelines such as Site, Roof, Structural Systems, etc., but are also considered in more detail in a -separate section, NEW ADDITIONS TO HISTORIC BUILDINGS. Health and Safety Code Requirements; Energy Retrofitting These sections of the rehabilitation guidance address work done to meet health and safety code requirements (for example, providing barrier - free access to historic buildings); or retrofitting measures to conserve energy (for example, installing solar collectors in an unobtrusive loca- tion on the site). Although this work is quite often an important aspect of rehabilitation projects, it is usually not part of the overall process of protecting or repairing character -defining features; rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, particular care must be taken not to radically change, obscure, damage, or destroy character -defining materials or features in the process of rehabilitation work to meet code and energy requirements. 10 S fic information on rehabilitation d re eivation echnolo P� p gy may be obtained by'writing to the National Park Service, at the addresses listed below: Preservation Assistance Division National Park Service P.O. Box 37127 Washington, D.C. 20013-7127 National Historic Preservation Programs Western Regional Office National Park Service 450 Golden Gate Ave. Box 36063 San Francisco, CA 94102 Division of Cultural Resources ®_ Rocky Mountain Regional Office National Park Service = 655 Parfet St. ' P.O. Box 25287 Denver, CO 80225 i ZZ Preservation Services Division Southeast Regional Office National Park Service 75 Spring St. SW., Room 1140 Atlanta, GA 30303 Office of Cultural Programs Mid -Atlantic Regional Office National Park Service Second and Chestnut Streets Philadelphia, PA 19106 Cultural Resources Division Alaska Regional Office National Park Service 2525 Gambell St. Anchorage, AK 99503 92- 649 BUILDING EXTERIOR sonry features (such as brick cornices and do—, ediments, shine window architraves, terra cotta brackets and railings) as well as masonry surfaces (modelling, toolft-bonding patterns, �.. Maatorarp $rtrk, stoom, terra joint site, and color) may be important in defining the historic character of the building. It should +eott®, torae:rete, adobe, be noted that while masonry is among the most durable of historic'building materials, it is also the a team and mortar most susceptible to damage by improper maintenance or repair techniques and by harsh or abrasive cleaning methods. Most preservation guidance on masonry thus focuses on such concerns .K as cleaning and the process of repointing. Recommended Not Recommended Identifying, retaining, and preserving masonry features that are im- Removing or radically changing masonry features which are impor- o% portant in defining the overall historic character of the building tant in defining the overall historic character of the building so such as walls, brackets, railings, cornices, window architraves, that, as a result, the character is diminished. door pediments, steps, and columns; and joint and unit size, tool- ing and bonding patterns, coatings, and color. Replacing or rebuilding a major portion of exterior masonry walls,of that could be repaired so that, as a result, the building is no longer as historic and is essentially new construction. Applying paint or other coatings such as stucco to masonry that has been historically unpainted or uncoated to create a new ap- pearance. Removing paint from historically painted masonry. Radically changing the type of paint or coating or its color. Protecting and maintaining masonry by providing proper drainage Failing to evaluate and treat the various causes of mortar joint at, s so that water does not stand on flat, horizontal surfaces or ac- deterioration such as leaking roofs or gutters, differential settle- sai cumulate in curved decorative features. ment of the building, capillary action, or extreme weather ex- posure. :at e Cleaning masonry only when necessary to halt deterioration or Cleaning masonry surfaces when they are not heavily soiled to ►e remove heavy soiling.. create a new appearance, thus needlessly introducing chemicals br f moisture into historic materials. Iviasonry (continued) M Not Recommended ,de Carrying out masonry surface cleaning tests after it has been deter- Cleaning masonry surfaces without testing or without sufficient mined that such cleaning is necessary. Tests should be observed time for the testing results to be of value. �. over a sufficient period of time so that both the immediate effects and the long range effects are known to enable selection of the to; gentlest method possible. Cleaning masonry surfaces with the gentlest method possible, such Sandblasting brick or stone surfaces using dry or wet grit or other as low pressure water and detergents, using natural bristle brushes. abrasives. These methods of cleaning permanently erode the sur- ngi face of the material and accelerate deterioration. Using a cleaning method that involves water or liquid chemical ac solutions when there is any possibility of freezing temperatures. Cleaning with chemical products that will damage masonry, such as using acid on limestone or marble, or leaving chemicals on im, masonry surfaces. Applying high pressure water cleaning methods that will damage historic masonry and the mortar joints. Inspecting painted masonry surfaces to determine whether repaint- Removing paint that is firmly adhering to, and thus protecting, ing is necessary. masonry surfaces. Removing damaged or deteriorated paint only to the next sound Using methods of removing paint which are destructive to layer using the gentlest method possible (e.g., handscraping) prior masonry, such as sandblasting, application of caustic solutions, or to repainting. high pressure waterblasting. air . Applying compatible paint coating systems following proper sur- Failing to follow manufacturers' product and application instruc- face preparation. tions when repainting masonry. 9 9 , , 649 Repainting with colors that are historically appropriate to the Using new paint colors that areal inappropriate to the historic building and district. building and district. Masonry (continued) Recommended Evaluating the overall condition of the masonry to determine whether more than protection and maintenance are required, that is, if repairs to the masonry features will be necessary. Repairing-nasonry walls and other masonry features by repointing the mortar joints where there is evidence of deterioration such as disintegrating mortar, cracks in mortar joints, loose bricks, damp walls, or damaged plasterwork. Removing deteriorated mortar by carefully hand -raking the joints to avoid damaging the masonry. Duplicating old mortar in strength, composition, color, and tex- ture. Duplicating old mortar joints in width and in joint profile. Repairing stucco by removing the damaged material and patching with new stucco that duplicates the old in strength, composition, color, and texture. .. , Using mud plaster as a surface coating over unfired, unstabilized odbcl ecausa,the mud plaster will bond; to the.adobe. Masoonry (continued) Not Recommended Failing to undertake adequate measures to assure the preservation of masonry features. Removing nondeteriorated mortar from sound joints, then repoint- ing the entire building to achieve a uniform appearance. Using electric saws and hammers rather than hand tools to remove deteriorated mortar from joints prior to repointing. Repointing with mortar of high portland cement content (unless it is the content of the historic mortar). This can often create a bond that is stronger than the historic material and can cause damage as a result of the differing coefficient of expansion and the differing porosity of the material and the mortar. Repointing with a synthetic caulking compound. Using a "scrub" coating technique to repoint instead of traditional repointing methods. Changing the width or joint profile when repointing. Removing sound stucco; or repairing with new stucco that is stronger than the historic material or does not convey the same visual appearance. Applying cement stucco to unfired, unstabilized adobe. Because the cement stucco will not bond properly, moisture can become en- trapped between materials, resulting in accelerated deterioratioh6of the adobe. Recommended Not Recommended Repairing masonry features by patching, piecing -en, or con- R 1 ire fea solidating the masonry using recognized preservation methods. Repair may also include the limited replacement in kind —or with compatible substitute material —of those extensively deteriorated or missing parts of masonry features when there are surviving pro- totypes such as terra-cotta brackets or stone balusters. 1 ' new ornon-historic App yutg n surface treatments such as water- repellent coatings to masonry only after repointing and only if masonry repairs have failed to arrest water penetration problems. ep acrng an ent masonry cure such as a corruce or balustrade when repair of the masonry and limited replacement of deteriorated or missing parts are appropriate. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the masonry feature or that is physically or chemically incompatible. Applying waterproof, water-repellent, or non -historic coatings such as stucco to masonry as a substitute for repointing and masonry repairs. Coatings are frequently unnecessary, expensive, and may change the appearance of historic masonry as well as ac- celerate its deterioration. Replacing in kind an entire masonry feature that is too deteriorated Removing a masonry feature that is unrepairable and not replacing to repair -if the overall form and detailing are still evident —using it; or replacing it with a new feature that does not convey the same. the physical evidence to guide the new work. Examples can include visual appearance. large sections of a wall, a cornice, balustrade, column, or stairway. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features N Creating a false historical appearance L because the replaced masonry feature is based on insufficient historical, pictorial, and physical documentation. Introducing a new masonry feature that is incompatible in dze, scale, material and color. 92- 649 Wood (continued) �h Woods Clapboard, weather. Asks it can be easily shaped by sawing, pi carving, and gouging, wood is the most com board, shingles, and other monly used material for architectural features i as clapboards, cornices, brackets, entablatures, wooden siding and ""shutters, columns and balustrades. These wooden features --both functional and decorative —play decorative elements be important in defining the historic character of the building and thus'tReir retention, protection, and repair are of particular importance in rehabilitation projects. Recommended Identifying, retaining, and preserving wood features that are im- portant In defining the overall historic character of the building such as siding, cornices, brackets, window architraves, and door- way pediments; and their paints, finishes, and colors, Protecting and maintaining wood features by providing proper drainage so that water is not allowed to stand on flat, horizontal surfaces or accumulate in decorative features. 16 Wood (continued) -Recommended Applying chemical preservatives to wood features such as beam ends or outriggers that are exposed to decay hazards and are tradi- tionally unpainted. Not Recommended Removing or radically changing wood features which are impor- tant in defining the overall historic character of the building that, as a result, the character is diminished. Removing a major portion of the historic wood from a facade in- stead of repairing or replacing only the deteriorated wood, the reconstructing the facade with new material in order to achieve , uniform or "improved" appearance. Radically changing the type of finish or its color or accent schem so that the historic character of the exterior is diminished. Stripping historically painted surfaces to bare wood, then applying clear finishes or stains in order to create a "natural look." Stripping paint or varnish to bare wood rather than repairing of reapplying a special finish, i.e., a grained finish to an exterior wood feature such as a front door. Failing to identify, evaluate, and treat the causes of woodl deterioration, including faulty flashing, leaking gutters, cracks and holes in siding, deteriorated caulking in joints and seams, plant material growing too close to wood surfaces, or Insect or fungus in. festation. Not Recommended 11 Using chemical preservatives such as creosote which can change the appearance of wood features unless they were used historically. Retaining coatings such as paint that help protect the wood from Stripping paint or other coatings to reveal bare wood, thus expos- moisture and ultraviolet light. Paint removal should be considered ing historically coated surfaces to the effects of accelerated only where there is paint surface deterioration and as part of an weathering. overall maintenance program which involves repainting or apply- ing other appropriate protective coatings. Inspecting painted wood surfaces to determine whether repainting Removing paint that is firmly adhering to, and thus, protecting is necessary or if cleaning is all that is required. wood surfaces. Removingdamaged or deteriorated paint to the next sound layer g Using destructive paint removal methods such as a propane or. using the gentlest method possible (handscraping and butane torches, sandblasting or waterblasting. These methods can handsanding), then repainting. irreversibly damage historic woodwork. j Using with care electric hot-air guns on decorative wood features Using thermal devices improperly so that the historic woodwork is and electric heat plates on flat wood surfaces when paint is so scorched. deteriorated that total removal is necessary prior to repainting. Using chemical strippers primarily to supplement other methods Failing to neutralize the wood thoroughly after using chemicals so such as handscraping, handsanding and the above -recommended that new paint does not adhere. C thermal devices. Detachable wooden elements such as shutters, si doors, and columns may —with the proper safeguards —be Allowing detachable wood features to soak too long in a caustic ct chemically dip -stripped. solution so that the wood grain is Mused and the surface roughened.,:: Applying compatible paint coating systems following proper sur- Failing to follow manufacturers' product and application instittte face preparation. tions when repainting exterior woodwork. Repainting with colors that are appropriate to the historic building Using new colors that are inappropriate to t� historic building of and district. district. 9 649 0- I IL Wood (continued) Recommend Evaluating the overall condition of the wood to determine whether more than protection and maintenance are required, that is, if repairs to wood features will be necessary. Repairing wood features by patching, piecing -in, consolidating, or otherwise reinforcing the wood using recognized preservation methods, Repair may also include the limited replacement in kind --or with compatible substitute material —of those extensively deteriorated or missing parts of features where there are surviving prototypes such as brackets, moldings, or sections of siding. Replacing in kind an entire wood feature that is too deteriorated to repair —if the overall form and detailing are still evident —using the physical evidence to guide the new work. Examples of wood features include a cornice, entablature or balustrade. if using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. f Not -Recommended Failing to undertake adequate measures to assure the preservation of wood features. Replacing an entire wood feature such as a cornice or wall when repair of the wood and limited replacement of deteriorated or miss- ing parts are appropriate. Using substitute materials for the replacement part that does not convey the visual appearance of the surviving parts of the wood feature or that is physically or chemically incompatible. Removing an entire wood feature that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. The following work is highlighted -because it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features Creating a false historic appearance because the replaced wood feature is based on insufficient historical, pictorial, and physical documentation. Introducing a new wood feature that is incompatible in size, scale, material, and color. is Architectural Metals: Cast Architectural metal features. -such as cast-iron facades, porches, and steps; sheet metal cornices, iron, steel, pressed tin, cop- roofs, roof cresting and st6refronts; and cast or rolled' metal doors, window sash" entablatures, per, aluminum, and zinc and hardware —are often highly decorative and may be important in defining the overall historic character of the building. Their retention, protection, and repair should be a prime consideration in rehabilitation projects. Recommended Identifying, retaining, and preserving architectural metal features such as columns, capitals, window hoods, or stairways that are im- portant in defining the overall historic character of the building; and their finishes and colors. i Protecting and maintaining architectural metals from corrosion by providing proper drainage so that water does not stand on flat, = horizontal surfaces or accumulate in curved, decorative features. s Cleaning architectural metals, when necessary, to rerpove corro- sion prior to repainting or applying other appropriate protective coatings. Not Recommended Removing or radically changing architectural metal features which are important in defining the overall historic character of the building so that, as a result, the character is diminished. Removing a major portion of the historic architectural metal from a facade instead of repairing or replacing only the deteriorated metal, then reconstructing the facade with new material in order to create a uniform, or "improved" appearance. Radically changing the type of finish or its historical color or accent scheme. Failing to identify, evaluate, and treat the causes of corrosion, such as moisture from leaking roofs or gutters. Placing incompatible metals together without providing a reliable separation material. Such incompatibility can result in galvanic corrosion of the less noble metal, e.g., copper will corrode cast iron, steel, tin, and aluminum. Exposing metals which were intended to be protected from the en- vironment. Applying paint or other coatings to metals such as copper, bronze, or stainless steel that were meant to be exposed. 92- 649 Architectural )Metals (continued) ,^� Recommended Identifying the particular type of metal prior to any cleaning pro- cedure and then testing to assure that the gentlest cleaning method possible is selected or determining that cleaning is inappropriate for the particular metal. Cleaning soft metals such as lead, tin, copper, terneplate, and zinc with appropriate chemical methods because their finishes can be easily abraded by blasting methods. Using the gentlest cleaning methods for cast iron, wrought iron, and steel —hard metals —in order to remove paint buildup and cor- rosion, If handscraping and wire brushing have proven ineffective, low pressure dry grit blasting may be used as long as it does not abrade or damage the surface. Applying appropriate paint or other coating systems after cleaning in order to decrease the corrosion rate of metals or alloys. Repainting with colors that are appropriate to the historic building or district. Applying an appropriate protective coating such as lacquer to an architectural metal feature such as a bronze door which is subject to heavy pedestrian use. "�►sluating­44-everalt-condition of the architectural metals to determine whether more than protection and maintenance are re- quired, that is, if repairs to features will be necessary. Architectural Metals (continued) 20 ". 1 . 3 , '- stn. :)o s Not Recommended- i Using cleaning methods which alter or damage the historic color texture, and finish of the metal; or cleaning when it is inappropriate for the metal. re t= Removing the patina of historic metal. The patina may be a protec•ini .o live coating on some metals, such as bronze or copper, as well as a significant historic finish. hd is Cleaning soft metals such as lead, tin, copper, terneplate, and zindei o with grit blasting which will abrade the surface of the metal. s � Failing to employ gentler methods prior to abrasively cleaning cast;ta iron, wrought iron or steel; or using high pressure grit blasting. Failing to re -apply protective coating systems to metals or alloys that require them after cleaning so that accelerated corrosion oc-- curs. Using new colors that are inappropriate to the historic building or district. Failing to assess pedestrian use or new access patterns so that arch- itectural metal features are subject to damage by use or in- appropriate maintenance such as salting adjacent sidewalks. ..FP. Failing to undertake adequate measures to assure the preservation of architectural metal features. Recommended Not Recommended Repairing architectual metal features by patching, splicing, or Replacing an entire architectural metal feature such as a column or otherwise reinforcing the metal following recognized preservation a balustrade when repair of the metal and limited replacement of methods. Repairs may also include the limited replacement in deteriorated or missing parts are appropriate. kind —or with a compatible substitute material --of those exten- sively deteriorated or missing parts of features when there are sur- Using a substitute material for the replacement part that does not viving prototypes such as porch balusters, column capitals or convey the visual appearance of the surviving parts of the architec- bases; or porch cresting, tural metal feature or that is physically or chemically incompatible. r• Replacing in kind an entire architectural metal feature that is too Removing an architectural metal feature that is unrepairable and deteriorated to repair —if the overall form and detailing are still not replacing it; or replacing it with a new architectural metal evident —using the physical evidence to guide the new work. Ex- feature that does not convey the same visual appearance. amples could include cast iron porch steps or steel sash windows. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. The following work is highlighted to indicate that it ,represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing HIstoric Features Desigtwig and installing a new architectural metal feature Creating a false historic appearance because the replaced architec- such as a sheet metal cornice or cast iron apical when the tural metal feature is based on inshfficient historical, pictorial, and 'historic feature is completely missing. It may be an accurate physical documentation. restoration using historical. pictorial *and physical documen- tation, or be a new design that is compatible with the size, Introducing a new architectural metal feature that is incompatible scale, material., and color of the historic budding, in size, scale, material, and color. 92- 643 -i i 21 0 1,_�d a ltod a The roof —with its shape: cresting, e: features such as ers, cupolas, f p g. dorm� p as, and chimneys; and the size, color, and patterning of the roofing matey' can be extremely important in defining the Aghbuilding's overall historic character. In additidM the design role it plays, a weathertight roof is 1% 'V%ssential to the preservation of the entire stru t' ; thus, protecting and repairing the roof as a "cover" is a critical aspect of every rehabilitation project. ,.,... _ Recommended Not Recommended identifying, retaining, and preserving roofs —and their functional Radically changing, damaging, or destroying roofs which are im- and decorative features —that are important in defining the overall portant in defining the overall historic character of the building so historic character of the building. This includes the roof's shape, that, as a result, the character is diminished, such as hipped, gambrel, and mansard; decorative features such as cupolas, cresting, chimneys, and weathervanes; and roofing Removing a major portion of the roof or roofing material that is material such as slate, wood, clay tile, and metal, as well as its size, repairable, then reconstructing it with new material in order to color, and patterning. create a uniform, or "improved" appearance. Changing the configuration of a roof by adding new,features such as dormer windows, vents, or skylights so that the historic character is diminished. Stripping the roof of sound historic material such as slate, clay tile. wood, and architectural metal. Protecting and maintaining a roof by cleaning the gutters and downspouts and replacing deteriorated flashing. Roof sheathing should also be checked for proper venting to prevent moisture con- densation and water penetration; and to insure that materials are free from insect infestation. Providing adequate anchorage for roofing material to guard against wind damage and moisture penetration. 22 Roof (continued) Recommended''--" Protecting a leaking roof with plywood and building paper until it can be properly repaired. Repairing a roof by reinforcing the historic materials which com- prise roof features. Repairs will also generally include the limited replacement in kind —or with compatible substitute material —of those extensively deteriorated or missing parts of features when there are surviving prototypes such as cupola louvers, dentils, dormer roofing; or slates, tiles, or wood shingles on a main roof. Replacing in kind an entire feature of the roof that is too deteriorated to repair —if the overall form and detailing are still evidence —using the physical evidence to guide the new work. Ex- amples can include a large section of roofing, or a dormer or chimney. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. Applying paint or other coatings to roofing material which has been historically uncoated. Failing to clean and maintain gutters and downspouts properly so that water and debris collect and cause damage to roof fasteners, sheathing, and the underlying structure. Allowing roof fasteners, such as nails and clips to corrode so that roofing material is subject to accelerated deterioration. , - Not Recommended Permitting a leaking roof to remain unprotected so that accelerated deterioration of historic building materials —masonry, wood, plaster, paint and structural members —occurs. Replacing an entire roof feature such as a cupola or dormer when repair of the historic materials and limited replacement of deteriorated or missing parts are appropriate. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the roof or that is physically or chemically incompatible. Removing a feature of the roof that is unrepairable, such as a chimney or dormer, and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. The following work Is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features Daipft and conAmctfstg a new feature when the historic katunt is comple* wjsdm rich as a ddmney or cupola. It stay be an accurate restoration using historical, pkhwW and , Ydw doQtnKMatim at be a new desip that is comps,!!- with the sin, scale,. material, and color of the historic Creating a false historical appearance because the replaced feature is based on insufficient historical, pictorial, and physical documen- tation. Introducing a new roof feature that is incompatible in size, scale, material, and color. �`�- 649 Roof (continued) ��� 111 ti¢co► tmprtded Not Reno - etfded Alterations/Additlotte for the New Use and se vice equipment on the roof such Installing mechanical or service equipment so that it damages i 2 'as Wrcottdillonitt$, transformers or solarcollectonwhenre- obscures character -defining features; or Is conspicuous from %drahraheiAW use sa that tftey art irictmrp MOW hvai public right-of-way. pn�>k iht-oE-�,riiy anti do (tot daenagt or obaeure ehar- • • �rirnitd� features- ., additions to roofs, such as to dentlal, offke, or Radically changing a character -defining roof shape or damaging or.. *ft V. sputa; dtvator housing; • decks and terraces; or destroying character -defining roofing material as a result of incom- wnw or o kylighb when requlmd by the tiew use i<o that patible design or improper installation techniques. .they an hxvnspkuous from the public rigitt-of-way and do � flot damp or obscure character -defining features. WS WOMS A highly decorative window with an unusual shape, or glazing pattern, or color is most likely iden- tified immediately as a character -defining feature of the building. It is far more difficult, however, to assess the importance of repeated windows on a facade, particularly if they are individua�l_)ysim- ple in design and -material, such as the -large, multi -paned sash 'ofinany indus nnT6wTdings. Because rehabilitation projects frequently include proposals to replace window sash or even entire windows to improve thermal efficiency or to create a new appearance, it is essential that their con- tribution to the overall historic character of the building be assessed together with their physical condition before specific repair or replacement work is undertaken. Recommended Identifying, retaining, and preserving windows —and their func- tional and decorative features —that are important in defining the overall historic character of the building. Such features can include frames, sash, muntins, glazing, sills, heads, hoodmolds, panelled or decorated iambs and moldings, and interior and exterior shutters and blinds. Protecting and maintaining the wood and architectural metal which comprise the window frame, sash, muntins,, and surrounds through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and re -application of protective coating systems. Not Recommended Removing or radically changing windows which are important it defining the overall historic character of the building so that, as a result, the character is diminished. Changing the number, location, size or glazing pattern of windows, through cutting new openings, blocking -in windows, and installing replacement sash which does not fit the historic window opening. Changing the historic appearance of windows through the use of inappropriate designs, materials, finishes, or colors which radically change the sash, depth of reveal, and muntin configuration; the reflectivity and color of the glazing; or the appearance of the frame. Obscuring historic window trim with metal or other material. . Stripping windows of historic material such as wood, iron, cast iron, and bronze. Failing to provide adequate protection of materials on a cyclical basis so that deterioration of the windows results. ZS Windows (continued) Recommended Not Recommended Making windows weathertight by recaul .and replacing or in- Retrofitting or re Ming windows rather than maintaining the sash, stalling weatherstripping. These actions also improve thermal effi- frame, and glazing. cienty. Evaluating the overall condition of materials to determine whether Failing to undertake adequate measures to assure the preservation more than protection and maintenance are required, i.e. if repairs of historic windows. to windows and window features will be required. Repairing frames by window and sash patching, splicing, con- Replacing an entire window when repair of materials and limited solidating or otherwise reinforcing. Such repair may also include replacement of deteriorated or missing parts are appropriate. replacement in kind of those parts that are either extensively deteriorated or are missing when there are surviving prototypes Failing to reuse serviceable window hardware such as brass lifts and such as architraves, hoodmolds, sash, sills, and interior or exterior sash locks. shutters and blinds. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the window or that is physically or chemically incompatible. Replacing in kind an entire window that is too deteriorated to Removing a character -defining window that is unrepairable and repair —if the overall form and detailing are still evident —using the blocking it in; or replacing it with a new window that does not con - physical evidence to guide the new work. If using the same kind of vey the same visual appearance. material is not technically or economically feasible, then a compati- ble substitute material may be considered. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features HT Designing and installing new windows when the historic win- dows (frame,_raslt and glazing) are completely mfsx1W The replacument windows my be an accurate restoration using . hbtoria*.p tidal ..+titd physja! docuatentationjtor Ge,a new design that is compatible with the wiedow operkirw end: the hhtor3c Cha� of the building. " =n VWdows (continued) Recommended Alterations/Additions for the New Use Designing . and installing additional windows on rear on other -non charactar�definirtg elevations If m tiire i by the new =a..New. windowa tnaY'�be. � � .. posed party. walls. Such should be PC 115atibir. .the overall design of. the building. but. not duplicate;tfte • fe:iatratiat �itoe:n and detailing of a .� • J jt.emu=. :R � � �j w6rW ft n ikback in -the deft '°'"'they aea.reriiiieed foc tint i+e+nure to allow iiociilia t �• of tbewrindow openings.. �:.•:. =..• �"�."s-,"r,34:;�: es Creating a false historical appearance because the replaced window is based on insufficient historical, pictorial, and physical documen- tation. Introducing a new design that is incompatible with the historic character of the building. Not Recommended Installing new windows, including frames, sash, and muntin con- figuration that are incompatible with the building's historic ap- pearance or obscure, damage, or destroy character -defining features. Inserting new floors or furred -down ceilings which cut across the glazed areas of windows so that the exterior form and appearance of the windows are changed. i 92- 649 27 Creating a false historical appearance because the replaced window is based on insufficient historical, pictorial, and physical documen- tation. Introducing a new design that is incompatible with the historic character of the building. Not Recommended Installing new windows, including frames, sash, and muntin con- figuration that are incompatible with the building's historic ap- pearance or obscure, damage, or destroy character -defining features. Inserting new floors or furred -down ceilings which cut across the glazed areas of windows so that the exterior form and appearance of the windows are changed. i 92- 649 27 1 Entrrances Entrances and porches are quite often the focus of historic buildings,-ticularly when they occu and Porches on primary elevations. Together with their functional and decorative features such as doors, stc- balustrades, pilasters, and entablatures, they can be extremely important in defining the overt I e ( historic character of a building. Their retention, protection, and repair should always be carefun, ol: considered when planning rehabilitation work. Recommended Identifying, retaining, and preserving entrances —and their func- tional and decorative features —that are important in defining the overall historic character of the building such as doors, fanlights, sidelights, pilasters, entablatures, columns, balustrades, and stairs. Protecting and maintaining the masonry, wood, and architectural metal that comprise entrances and porches through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and re -application of protective coating systems. Evaluating the overall condition of materials to determine whether .:v..-�. _•,ti...-mare .than protection -and maintenance are required, that is, if ma's: 4 �palrs to entrance and porch features will be necessary. - Entrances and Porches (continued) 28 Recommended Repi ring entrances and porches by reinforcing the historic materials. Repair will also generally include the limited replacement in kind —or with compatible substitute material —of those exten- sively deteriorated or missing parts of repeated features where there are surviving prototypes such as balustrades, cornices, en- tablatures, columns, sidelights, and stairs. Replacing in kind an entire entrance or porch that is too deteriorated to repair —if the form and detailing are still evident —using the physical evidence to guide the new work. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. Not Recommended Removing or radically changing entrances and porches whicl—� important in defining the overall historic character of the buil so that, as a result, the character is diminished. Stripping entrances and porches of historic material such as w - iron, cast iron, terra costa, the and brick. Removing an entrance or porch because the building has been : oriented to accommodate a new use. Cutting new entrances on a primary elevation. Altering utilitarian or service entrances so they appear to be fo entrances by adding panelled doors, fanlights, and sidelights. Failing to provide adequate protection to materials on a cyclic basis so that deterioration of entrances and porches results. Failing to undertake adequate measures to assure the preserva'- of historic entrances and porches. , Not Recommended Replacing an entire entrance or porch when the repair of materials and limited replacement of parts are appropriate. Using a substitute material for the replacement parts that does not convey the visual appearance of the surviving parts of the entrance and porch or that is physically or chemically incompatible. Removing an entrance or porch that is unrepairable and not replac- ing it; or replacing it with a new entrance or porch that does not convey the same visual appearance. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features Designing and constructing a new entrance or porch if the historic entrance or porch is completely missing. It may be a restoration based on historical, pictorial, and physical documentation; or be a new design that is compatible with the historic character of the building. Alterations/Additions for the New Use Creating a false historical appearance because the replaced entrance or porch is based on insufficient historical, pictorial, and physical documentation. Introducing a new entrance or porch that is incompatible in size, scale, material, and color. Designing enclosures for historic porches when required by Enclosing porches in a manner that results in a diminution or loss of the new use in a manner that preserves the historic character historic character such as using solid materials such as wood, stuc- of the building. This can Include using large sheets of glass co, or masonry. and.recessing the enclosure wall behind existing scrollwork, 9 2 — 649 posts, and balustrades. 29 iel- :al Entrant" and Porches (continued) Recoiled MA. r Net hco►+tmended V Installing secondary semce entrances and pot+cltes that are 1 patible in site and scale with the historic building of of damage, or destroy character -defining features. 9torelmnts Storefronts are quite often the focus of historic commercial buildings and can thus be extremely important in defining the overall historic character. Because storefronts also play a crucial role in a store's advertising and merchandising strategy to draw customers and increase business,: they are o meet thereeds of a new busihe3§: Pactfcu�ar' care is iequij4d in planning and ac- complishing work on storefronts so that the building's historic character is preserved in the process of rehabilitation. Recommended Identifying, retaining, and preserving storefronts —and their func- tional and decorative features —that are important in defining the overall historic character of the building such as display windows, signs, doors, transoms, kick plates, corner posts, and entablatures. �1 Protecting and maintaining masonry, wood, and architectural metals which comprise storefronts through appropriate treatments such as cleaning, rust removal, limited paint removal, and reap- plication of protective coating systems. N Not Recommended Removing or radically changing storefronts —and, their features —which are important in defining the overall historic character of the building so that, as a result, the character is diminished. Changing the storefront so that it appears residential rather than commercial in character. Removing historic material from the storefront to create a recessed arcade. Introducing coach lanterns, mansard overhangings, wood shakes, nonoperable shutters, and small -paned windows if they cannot be documented historically. Changing the location of a storefront's main entrance. Failing to provide adequate protection to materials on a cyclical basis so that deterioration of storefront features results. 92— 649 31 Storefronts (continued) Recommert Protecting storefronts against arson and vandalism before work begins by boarding up windows and installing alarm systems that are keyed into local protection agencies. Evaluating the overall condition of storefront materials to deter- mine whether more than protection and maintenance are required, that is, if repairs to features will be necessary. Repairing storefronts by reinforcing the historic materials. Repairs will also generally include the limited replacement in kind —or with compatible substitute material —of those extensively deteriorated or missing parts of storefronts where there are surviving prototypes such as transoms, kick plates, pilasters, or signs. Replacing in kind an entire storefront that is too deteriorated to repair —if the overall form and detailing are still evident —using the physical evidence to guide the new work. If using the same material is not technically or-- economically feasible, then compatible substitute materials may be considered, Storefronts (continued) 32 '`— jhe following work is highlightedtn.;nd� 1 7- 3 the 1particul and'shonTd onhr be considered after the preservation concerns listed above Recommended Design for Missing historic Features is curate nxtoration �' It uiay be an ac=` xioaeanetntatiorf; or ba a n� off• pktotiai, and. phye;iCat,`:.• the."' scale, design that ir.cornp itibk with.;,. SO& now deign ahoukt awmally and color a the hiistoric .and the trlatrel!!tt Of b! tbtalt with the facade;`.: daty design eh meeats, each or Wns6 kePt at: simple as-POO&10. For new � fit Gods. with the `_ 'iscsrde� ainefe as then hada. wrr �f .&Xtulm aL ehqst s ar, Not Recvmthended Permitting entry into the building through -unsecured or brc windows and doors so that interior features and finishes ,.t damaged through exposure to weather or through vandalism. Stripping storefronts of historic material such as wood, cast 1. r terra cotta, carrara glass, and brick. Failing to undertake adequate measures to assure the pre'serva" of the historic storefront. I Replacing an entire storefront when repair of materials and lime, replacement of its parts are appropriate. Using substitute material for the replacement parts that does n, convey the same visual appearance as the surviving parts of-tl- storefront or that is physically or chemically incompatible. Removing a storefront that is unrepairable and not replacing it; replacing it with a new storefront that does not convey the sac visual appearance. npeex technical or design'aspects been addressed_ - Not Recommended Creating a false historical appearance because the replaced storefront is based on insuffici documentation. ent historical, pictorial, and physical Introducing a new design that is incompatible in size, scale, material, and color. Using new illuminated signs; inappropriately scaled signs and logos; signs that project over the sidewalk unless they were a characteristic feature of the historic building, or other types of signs that obscure, damage, or destroy remaining character -defining features of the historic building, -- 649 oi n- •al' ie ,g- ;e Wi i Vj 0 F91 BUILDING iiEj(�� eatures of the structural system are expos ch as loadbearing brick walls, cast iron --oBULL ht N j 9ysttsns _ umns, roof trusses, posts and beams, vigas, or a foundation tvalts, they may be important in defining the building's overall historic character. Unexposed structural features that are not character -defining or an entire structural system may nonetheless be significant in the history of building technology; therefore, the structural system should always be examined and evaluated thelbin the uildingsrhistoric character stagorth historical significance. ine both its See alcondition and its lso Health and Safetyortance to Code Re- quirements. Recommended Identifying, retaining, and preserving structural systems —and in- dividual features of systems —that are important in defining the overall historic character of the building, such as post and beam grader systems, a foundation oner beams, vigas, cast iron walls, or loadbearing brick or stone walls STRUCTURAL SYSTEM (continued) Not Recommended Removing, covering, or radically changing features of structural systems which are important in defining the overall historic character of the building so that, as a result, the character is diminished. Putting a new use into the building which could overload the ex- isting structural system; or installing equipment or mechanical systems which could damage the structure. Demolishing a loadbearing masonry wall that could be augmented and retained and replacing it with a new wall (i.e., brick or stone), using the historic masonry only as an exterior veneer. Leaving known structural problems untreated such as deflection of beams, cracking and bowing of walls, or racking of structural members. Utilizing treatments or products that accelerate the deterioration of structural material such as introducing urea -formaldehyde foam in- sulation into frame walls. 34 Recommended Not Recommended. Protecting and maintaining the structural system by cleaning the Failing to provide proper building maintenance on a cyclical basis roof. -gutters and downspouts; replacing roof flashing; keeping so that deterioration of the structural system results. masonry, wood, and architectural metals in a sound condition; and assuring that structural member: are free from insect infestation. Examining and evaluating the physical condition of the structural system and its individual features using non-destructive techniques such as X-ray photography. Repairing the structural system by augmenting or upgrading in- dividual parts or features. For example, weakened structural members such as floor framing can be spliced, braced, or otherwise supplemented and reinforced. Replacing in kind —or with substitute material —those portions or features of the structural system that are either extensively deteriorated or are missing when there are surviving prototypes such as cast iron columns, roof rafters or trusses, or sections of loadbearing walls. Substitute material should convey the same form, design, and overall visual appearance as the historic feature; and, at a minimum, be equal to its loadbearing capabilities. Utilizing destructive probing techniques that will damage or destroy structural material. Upgrading the building structurally in a manner that diminishes the historic character of the exterior, such as installing strapping chan- nels or removing a decorative cornice; or damages interior features or spaces. Replacing a structural member or other feature of the structural system when it could be augmented and retained. Installing a replacement feature that does not convey the same visual appearance, e.g., replacing an exposed wood summer beam with a steel beam. Using substitute material that does not equal the loadbearing capabilities of the historic material and design or is otherwise physically or chemically incompatible. 92- 649 35 .ntenor reatures anu hntshes 1conttnued) r Recommen Repairing Interior features and finisht. by reinforcing the historic materials. Repair will also generally include the limited replacement In kind —or with compatible substitute material --of those exten- sively deteriorated or missing parts of repeated features when there are surviving prototypes such as stairs, balustrades, wood panel- ling, columns; or decorative wall coverings or ornamental tin or plaster ceilings. Replacing in kind an entire interior feature or finish that is too deteriorated to repair —if the overall form and detailing are still evident —using the physical evidence to guide the new work. Ex- amples could include wainscoting, a tin ceiling, or interior stairs. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. ors Not Rtei:otnrnended Replacing aft *entire interior feature s- u lt•as a staircase, panellet wall, parquet floor, or cornice; or finish such as a decorative a covering or ceiling when repair of materials and limited repla ment of such parts are appropriate. Using a substitute material for the replacement part that dots t convey the visual appearance of the surviving parts or portions the interior feature or finish or that is physically or chemically compatible. Removing a character -defining feature or finish that is unrepairat and not replacing it; or replacing it with a new feature or finish th . does not.convey the same visual appearance. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation project and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic. Features i r rig and installing a new interior feature or Knish if the Creating a false historical appearance because the replaced featu 10 ric feature or finish is completely missing. This could in is based on insufficient physical, historical, and pictorial documen dude trussing partitions, stairs, elevators, lighting fixtures, tation or on information derived from another building. and waA coverings; or even entire rooms if all historic spaces, features, and finishes ate missing 'or have been. Introducing a new interior feature or finish that is incompatibi destroyed by inappropriate "renovations." The design may with the scale, design, materials, color, and texture of the surviving be a restoration based on historical, pictorial, and physical interior features and finishes. doguinentation; or be a design that Is compatible with. `ther*hfatorte!character of * the build n , district or,". ts� nli$hhOrhoOd. 40 Interior: Spaces, Features, An interior floor plan, the arrangement of spaces, and built-in features and applied finishes may be and Finishes individually or collectively important in defining the historic character of the building. Thus, their identification, retention,,.ptotecticn, and repair should be giveA:;p119Wconsideration_in: every rehabilitation project and caution exercised in pursuing any plan that would radically change character -defining spaces or obscure, damage or destroy interior features or finishes. Recommended Not Recommended , Interior Spaces Identifying, retaining, and preserving a floor plan or interior spaces Radically changing a floor plan or interior spaces —including in- , that are important in defining the overall historic character of the dividual rooms —which are important in defining the overall building. This includes the size, configuration, proportion, and historic character of the building so that, as a result, the character is relationship of rooms and corridors; the relationship of features to diminished. spaces; and the spaces themselves such as lobbies, reception hails, entrance halls, double parlors, theaters, auditoriums, and impor- Altering the floor plan by demolishing principal walls and parts- tant industrial or commercial use spaces. tions to create a new appearance. - Altering or destroying interior spaces by inserting floors, cutting through floors, lowering ceilings, or adding or removing wails. Relocating an interior feature such as a staircase so that the historic relationship between features and spaces is altered. i r 9?- 649 r - 37 V, 0 P 1�1 Recommen Interior Postures and Finish** identifying, retatning, the preserving interior features and finishes that are important in defining the overall historic character of the building, including columns, cornices, baseboards, fireplaces and mantles, paneling, light fixtures, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbling, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors, and ceilings. Not Recommended Removing or radically changing features and finishes which are im- portant in defining the overall historic character of the building so that, as a result, the character is diminished. Installing new decorative material that obscures or damages character -defining interior features or finishes. Removing paint, plaster, or other finishes from historically finished surfaces to create a new appearance (e.g., removing plaster to ex• pose masonry surfaces such as brick walls or a chimney piece). Applying paint, plaster, or other finishes to surfaces that have been historically unfinished to create a new appearance. Stripping historically painted wood surfaces to bare wood, then ap- plying clear finishes or stains to create a "natural look." Stripping paint to bare wood rather than repairing or reapplying grained or marbled finishes to features such as doors and paneling. Radically changing the type of finish or its color, such as painting a previously varnished wood feature. Protecting and maintaining masonry, wood, and architectural Failing to provide adequate protection to materials on a cyclical metals which comprise interior features through appropriate sur- basis so that deterioration of interior features results. face treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coatings systems. Jgterior Features and Finishes (continued) Recommended Not Recommended:: Protecting interior features and finishes against aison and van- dalism before project work begins, erecting protective fencing, boarding -up windows, and installing fire alarm systems that are keyed to local protection agencies. Protecting interior features such as a staircase, mantel, or decorative finishes and wall coverings against damage during proj- ect work by covering them with heavy canvas or plastic sheets. Installing protective coverings in areas of heavy pedestrian traffic to protect historic features such as wall coverings, parquet flooring and panelling. Removing damaged or deteriorated paints and finishes to the next sound layer using the gentlest method possible, then repainting or refinishing using compatible paint or other coating systems. Repainting with colors that are appropriate to the historic building. Limiting abrasive cleaning methods to certain industrial or ware- house buildings where the interior masonry or plaster features do not have distinguishing design, detailing, tooling, or finishes; and where wood features are not finished, molded, beaded, or worked by hand. Abrasive cleaning should only be considered after other, gentler methods have been proven ineffective. Permitting entry into historic buildings through unsecured or broken windows and doors so that interior features and finishes are damaged by exposure to weather or through vandalism. Stripping interiors of features such as woodwork, doors, windows, light fixtures, copper piping, radiators; or of decorative materials. Failing to provide proper protection of interior features and finishes during work so that they are gouged, scratched, dented, or other- wise damaged. Failing to take new use patterns into consideration so that interior features and finishes are damaged. Using destructive methods such as propane or butane torches or sandblasting to remove paint or other coatings. These methods can irreversibly damage the historic materials that comprise interior features. Using new paint colors that are inappropriate to the historic building. Changing the texture and patina of character -defining features through sandblasting or use of other abrasive methods to remove paint, discoloration or plaster. This includes both exposed wood (including structural members) and masonry. IF Evaluatinglthe overall condition of materials to determine whether more than protection and maintenance are required, that is, if repairs to interior features and finishes will be necessary. Failing to undertake adequate measures to assure the preservation of interior features and finishes. 92- 649 Interior Features and Finishes $continued) Recomme Repairing interior features and finishes by reinforcing the historic materials. Repair will also generally include the limited replacement in kind —or with compatible substitute material --of those exten- sively deteriorated or missing parts of repeated features when there are surviving prototypes such as stairs, balustrades, wood panel- ling, columns; or decorative wall coverings or ornamental tin or piaster ceilings. Replacing in kind an entire interior feature or finish that is too deteriorated to repair —if the overall form and detailing are still evident —using the physical evidence to guide the new work. Ex- amples could include wainscoting, a tin ceiling, or interior stairs. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. Not Recommended ...w. - Replacing an entire interior feature such as a staircase, panel:—1 wall, parquet floor, or cornice; or finish such as a decorative wb}i i; covering or ceiling when repair of materials and limited replace. r ment of such parts are appropriate. Using a substitute material for the replacement part that does n convey the visual appearance of the surviving parts or portions or e the interior feature or finish or that is physically or chemically in- compatible. Removing a character -defining feature or finish that is unrepairabie and not replacing it; or replacing it with a new feature or finish that does not convey the same visual appearance. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features fining and installing a new interior feature or finish if the ric feature or finish -is completely missing. This could in= ,' dude missing partitions, stairs, elevators, lighting fixtures: and wall coverings; or even entire rooms if all historic spaces, features, and finishes are missing or have been - destroyed by inappropriate "renovations." The design may be a restoration based on historical, pictorial, and physical documentation; or be a new design that is compatible with.. w, ,z,�,ilt "3dstoric" character of the building, dfatrict, oc; neighborhood. w Inftor Features and Finishes (continued) I ,Y.„.,..._. Recommended Alterations/Additions for the New Use Accommodating service functions such as bathrooms, mechanical equipment, and office machines required by the building's new use in secondary spaces such as first floor service areas or on upper floors. Reusing decorative material or features that have had to be removed during the rehabilitation work including wall and baseboard trim, door moulding, panelled doors, and simple wainscoting; and relocating such material or features in areas appropriate to their historic placement. Installing permanent partitions in secondary spaces; remov- able partitions that do not destroy the sense of space should be installed when the new use requires the subdivision of character -defining interior spaces. Enclosing an interior stairway where required by code so that its character is retained. In many cases, glazed fire -rated walls may be used. Placing new code -required stairways or elevators in second- ary and service area of the historic building. Creating a false historical appearance because the replaced feature is based on insufficient physical, historical, and pictorial documen-- cation or on information derived from another building. Introducing a new interior feature or finish that is incompatible with the scale, design, materials, color, and texture of the surviving_ interior features and finishes. Not Recommended Dividing rooms, lowering ceilings, and damaging or obscuring character -defining features such as fireplaces, niches, stairways or alcoves, so that a new use can be accommodated in the building. Discarding historic material when it can be reused within the rehabilitation project or relocating it in historically.inappropriate 1e areas. al - Installing permanent partitions that damage or obscure character- le defining spaces, features, or finishes. Enclosing an interior stairway with fire -rated construction so that the stairwell space or any character -defining features are destroyed. a-. Radically changing, damaging, or destroying character -defining spaces, features, or finishes when adding new code -required stair- ways and elevators. 1e .- 6 4 9 fil Interior Features and Finishes (continued) 0 &commendied +eitistg ail ih'btttt or a light welt to natural 1{gllt when :rgttde+ed _for the new use in a manner that pr+esawei chataeteridtfinityf interior spaces, features, and finishes as .well art the shuchirai system. ,Adding a thew ElooeV dui n+aw for the new uses a n . that peeservea ehitract 4dlnnft Structural features, and in- terior spaoea, features, and finishes. 0 Not_Recont►t d¢c# Destroying character -defining interior spaces, features, of finishes, or damaging the structural system in order to create an atrium or light well. Inserting a new floor within a building that alters or destroys the fenestration; radically changes a character -defining interior space; or obscures, damages, or destroys decorative detailing. Mamanical Systems: The visible features of historic heating, lighting, air conditioning and plumbing systems may Heating. Air Conditioning, sometimes help define the overall historic character of the building and should thus be retained and Electrical. and Plumbing,� rgs�M,yy Pngt 4� ps ib�e(iesyr terns; tl>gtrtselves -(the: compre�sore;..boi}ensr generators�and . their ductwork, Aring and pipes) will generally either need to be upgraded, augmented, or entirely replaced in order to accommodate the new use and to meet code requirements. Less frequently, in- dividual portions of a system or an entire system are significant in the history of building technology; therefore, the identification of character -defining features or historically significant systems should take place together with an evaluation of their physical condition early in project planning. Recommended Identifying, retaining, and preserving visible features of early mechanical systems that are important in defining the overall historic character of the building, such as radiators, vents, fans, grilles, plumbing fixtures, switchpiates, and lights. Protecting and maintaining mechanical, plumbing, and electrical systems and their features through cyclical cleaning and other ap- propriate measures. Preventing accelerated deterioration of mechanical systems by pro- viding adequate ventilation of attics, crawispaces, and cellars so that moisture problems are avoided. Repairing mechanical systems by augmenting or upgrading system parts,. such as installing new pipes and ducts; rewiring; or adding new compressors or boilers. Replacing in kind —or with compatible substitute material --those visible features of mechanical systems that are either extensively deteriorated or are missing when there are surviving prototypes such' as ceiling fans, switchplates, radiators, grilles, or plumbing fixtures. Not Recommended Removing or radically changing features of mechanical systems that are important in defining the overall historic character of the building so that, as a result, the character is diminished. Failing to provide adequate protection of materials on a cyclical basis so that deterioration of mechanical systems and their visible features results. Enclosing mechanical systems in areas that are not adequately ven- tilated so that deterioration of the systems results. Replacing a mechanical system or its functional parts when it could be upgraded and retained. Installing a replacement feature that does not convey the same visual appearance. 92- 649 Mechanical Systems (continued) I — Y►M.r _ The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation pro) and should only, be considered after the preservation concerns listed above have been addressed. Recommended Alterations/Additions for the New Use ii t�t:+itttp�eEaly stew tnedh _ Neal oy+ tE re lubid fat"- r, the stwv we so than it causes the least alteration poafbie to thte bWldirtg'a floor plan, the exterior elevations, and the least; > damage to historic building material. irnstalling the vertical tuns of ducts, pipes, and cables' In 'closets, service rooms, and'wall cavities. InstaIIins air conditioning units if requited by the new use in ,rub b a manner that the historic materials and features are not damaged or obscured. . butalling headWair conditioning units In the window frames in such a; manner that the sash and frames are pro. tecped,. Windowinstallatiorn . should • be considered only - �- . r Wrikn ill otltei viable heathWcooling systems would result in significant damage to historic materials. 11 H_ Not Recommended I - Installing a new mechanical system so that character -defining s tural or interior features are radically changed, damaged destroyed. Installing vertical runs of ducts, pipes, and cables in places wo they will obscure character -defining features. Concealing mechanical equipment in walls or ceilings in a that requires the removal of historic building material. Installing "dropped" acoustical ceilings to hide mechanical eq " ment when this destroys the proportions of character -defining tenor spaces. Cutting through features such as masonry walls in order to ins air conditioning units. _ Radically changing the appearance of the historic building damaging or destroying windows by installing heating/air con_ tioning units in historic window frames. BUILDING SITE The relationship between a historic building or buildings and landscape features within a � property's boundaries —or the building site —helps to define the historic character and should be considered an integral part of overall_planning for rehabilitation project work. Recommended Identifying, retaining, and preserving buildings and their features as well as features of the site that are important in defining its overall historic character. Site features can include driveways, walkways, lighting, fencing, signs, benches, Nuntains, wells, ter- races, canal systems, plants and trees, berms, and drainage or ir- rigation ditches; and archeological features that are important in defining the history of the site. Retaining the historic relationship between buildings, landscape features, and open space. Protecting and maintaining buildings and the site by providing proper drainage to assure that water does not erode foundation walls; drain toward the building; nor erode the historic landscape. Not Recommended Removing or radically changing buildings and their features or site features which are important in defining the overall historic h f h b 'Id'm't t h t suit the character is a c aracter a t e w g si as diminished. Removing or relocating historic buildings or landscape features, thus destroying the historic relationship between buildings, land- scape features, and open space. Removing or relocating historic buildings on a site or in a complex of related historic structures —such as a mill complex or farm -thus diminishing the historic character of the site or complex. Moving buildings onto the site, thus creating a false historical ap- pearance. Lowering the grade level adjacent to a building to permit develop- ment of a formerly below -grade area such as a basement in a man ner that would drastically change the historic relationship of the building to its site. Failing to maintain site drainage so that buildings and site features . ;' are damaged or destroyed; or, alternatively, changing the site grading so that water no longer drains properly. 99- 649 BUILDING SITE (continued) 0 Recommended Minitniting disturbance of terrain around buildings or elsewhere on the site, thus reducing the possibility of destroying unknown arche- ological materials. Surveying areas where major terrain alteration is likely to impact g important archeological sites. P Protecting, e.g. preserving in place known archeological material whenever possible. Planning and carrying out any necessary investigation using profes- sional archeologists and modern archeological methods when preservation in place is not feasible. Protecting the building and other features of the site against arson and vandalism before rehabilitation work begins, i.e., erecting pro- tective fencing and installing alarm systems that are keyed into local protection agencies. Providing continued protection of masonry, wood, and architec- tural metals which comprise building and site features through ap- propriate surface treatments such as cleaning, rust removal, limited paint removal, and re -application of protective coating systems;....- - ,;.ad.coapnued protection and maintenance'of landscape features, including plant material. H pill Not Recommended Introducing heavy machinery or equipment into areas where their presence may disturb archeological materials. Failing to survey the building site prior to the beginning of rehabilitation project work so that, as a result, important arche- ological material is destroyed. Leaving known archeological material unprotected and subject to vandalism, looting, and destruction by natural elements such as erosion. Permitting unqualified project personnel to perform data recovery so that improper methodology results in the loss of important archeological material. Permitting buildings and site features to remain unprotected so that plant materials, fencing, walkways, archeological features, etc, are damaged or destroyed. Stripping features from buildings and the site such as wood siding, iron fencing, masonry balustrades; or removing or destroying land- scape features, including plant material. Failing to provide adequate protection of materials on a cyclical basis so that deterioration of building and site features results. BUILDING SITE (continued) 46 Recommended Not Recommended �•.+•w^nnnaaanfiiT.t.pTF�i'.4 ••. ..•..• ,:.i ".r :.. :' .. •L-nlTV.1:.3;TJt w.`�;.+:r -s.._: ;:: .. 1'svaluating the overall condition of materials to determine whether Failing to undertake adequate measures to assure the preservation more than protection and maintenance are required, that is, if of building and site features. repairs- to building and site features will be necessary. Repairing features of buildings and the site by reinforcing the historic materials. Repair will also generally include replacement in kind —with a compatible substitute material —of those extensively deteriorated or missing parts of features where there are suviving prototypes such as fencing and paving. Replacing in kind an entire feature of the building or site that is too deteriorated to repair —if the overall form and detailing are still evident —using the physical evidence to guide the new work. 'this could include an entrance or porch, walkway, or fountain. If using the same kind of material is not technically or economically feasi- ble, then a compatible substitute material may be considered. Replacing an entire feature of the building or site such as a fence, walkway, or driveway when repair of materials and limited replacement of deteriorated or missing parts are appropriate. Using a substitute material for the replacement part that does not _ convey the visual appearance of the surviving parts of the building or site feature or that is physically or chemically incompatible. Removing a feature of the building or site that is unrepairable and not replacing it; or replacing it with a new feature that does not convey the same visual appearance. 92- 649 47 H BUILDING SITE (continued) The following work is highlighted to indicate that it represents the particularly complex technical or design asi Rtss of rehabilitation projej work and should only be considered after the preservation concerns listed above have been addressed. i Recommended Design for Missing Historic Features Dedgning and construe ft a new fetstttre of a building or site when the historic feature is completely missing, such as an outbuilding, terrace, or driveway. It may be based on historical, pictorial, and physical documentation; or be a•• new design that is compatible with the historic character of the building and site. Alterations/ Additions for the New Use Designing new onsite parking, loading docks, or ramps when required by the new use so that they are as unobtrusive as possible and assure the preservation of character -defining features of the site. Designing new exterior additions to historic buildings or ad- jacent new construction which is compatible with the historic character of the site and which preserve the historic relation- ship between a building or buildings, landscape features, and open epaM, �Rea�oving:atonsigrtficant buildings... additions, - or sitr F, - {4(ihii4wftkh detract from the historic character of the site-`-': :V:�•, , Not Recommended I Creating a false historical appearance because the replaced feature Is based on insufficient historical, pictorial, and physical docume cation. Introducing a new building or site feature that is out of scale otherwise inappropriate. Introducing a new landscape feature or plant material that is visual ly incompatible with the site or that destroys site patterns or vistas. - Placing parking facilities directly adjacent to historic where automobiles may cause damage to the buildings or features or be intrusive to the building site. Introducing new construction onto the building site which is visual ly incompatible in terms of size, scale, design, materials, color an texture or which destroys historic relationships on the site. Removing a historic building in a complex, a building feature, or ar site feature which is important in defining the historic character of the site. 48 DISTRICT/ The relationship between historic buildings, and streetscape and landscape features within a his - NEIGHBORHOOD toric district or neighborhood helps to define the historic character and the should always be ' a part of the rehabilitotion plans: Recommended Identifying, retaining, and preserving buildings, and streetscape, and landscape features which are important in defining the overall historic character of the district or neighborhood. Such features can include streets, alleys, paving, walkways, street lights, signs, benches, parks and gardens, and trees. Retaining the historic relationship between buildings, and street- scape and landscape features such as a town square comprised of row houses and stores surrounding a communal park or open space. Protecting and maintaining the historic masonry, wood, and archi- tectural metals which comprise building and streetscape features, through appropriate surface treatments such as cleaning, rust removal, limited paint removal, and reapplication of protective coating systems; and protecting and maintaining landscape features, including plant material. Protecting buildings, paving, iron fencing, etc. against arson and vandalism before rehabilitation work begins by erecting protective :encing and installing alarm systems that are keyed into local pro - action agencies. Not Recommended Removing or radically changing those features' of the district or neighborhood which are important in defining the overall historic character so that, as a result, the character is diminished. Destroying streetscape and landscape features by widening existing streets, changing paving material, or introducing inappropriately located new streets or parking lots. Removing or relocating historic buildings, or features of the streetscape and landscape, thus destroying the historic relationship between buildings, features and open space. Failing to provide adequate protection of materials on a cyclical basis so that deterioration of building, streetscape, and landscape features results. Permitting buildings to remain unprotected so that windows are m broken; and interior features are daaged. Stripping features from buildings or the streetscape such as wood siding, iron fencing, or terra cotta balusters; or removing or destroying landscape features, including plant material, 919W- 649 49 DISTRICT/NEIGHBORHOOD (continue" Recommended Evaluating the overall condition of building, streetscape and land- scape materials to determine whether more than protection and maintenance are required, that is, if repairs to features will be necessary. Repairing features of the building, streetscape, or landscape by reinforcing the historic materials. Repair will also generally include the replacement In kind —or with a compatible substitute material —of those extensively deteriorated or missing parts of features when there are surviving prototypes such as porch balustrades, paving materials, or streetlight standards. 111 Not Recommended Failing to undertake adequate measures to assure the pivservation of building, streetscape, and landscape features. Replacing an entire feature of the building, streetscape, or land- scape such as a porch, walkway, or streetlight, when repair of materials and limited replacement of deteriorated or missing parts are appropriate. Using a substitute material for the replacement part that does not convey the visual appearance of the surviving parts of the building, streetscape, or landscape feature or that is physically or chemically incompatible. Replacing in kind an entire feature of the building, streetscape, or Removing a feature of the building, streetscape, or landscape that is landscape that is too deteriorated -to repair —when the overall form unrepairable and not replacing it; or replacing it with a new feature and detailing are still evident —using the physical evidence to guide that does not convey the same visual appearance. the new work. This could include a storefront, a walkway, or a garden. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. DISTRICT/ NEIGHBORHOOD (continued) so The Q work is higbligbted be use it rgorggrits the .Parti� cularl,,y comklex technical or desiggaspeccts of,reh bilitttion p�'eeccts and should only be considered after the preservation concerns listed above have been addressed. Recommended Design for Mussing Historic Features Designing and constructing a new feature of the building, streetscape, or landscape when the historic feature is com- pletely missing, such as row house steps, a porch, streetlight, or terrace. It may be a restoration based on historical, pic- torial, and physical documentation; or be a new design that is compatible with the historic character of the district or neighborhood. Alterations/Additions for the New Use Designing required new parking so that it is as unobtrusive as possible, i.e., on side streets or at the rear of buildings. "Shared" parking should also be planned so that several business can utilize one parking area as opposed to introduc- ing random, multiple lots. Designing and constructing new additions to historic buildings when required by the new use. New work should be compatible with the historic character of the district or neighborhood in terms of size, scale, design, material, color, and texture. _ Removing nonsignificant buildings, additions, or streetscape &M hmdscape features which detract from the historic character of the district or the neighborhood. Not Recommended Creating a false historical appearance because the replaced feature is based on insufficient historical, pictorial and physical documen- tation. Introducing a new building, streetscape or landscape feature that is out of scale or otherwise inappropriate to the setting's historic character, e.g., replacing picket fencing with chain link fencing. Placing parking facilities directly adjacent to historic buildings which cause the removal of historic plantings, relocation of paths and walkways, or blocking of alleys. Introducing new construction into historic districts that is visually incompatible or that destroys historic relationships within the district or neighborhood. Removing a historic building, building feature, or landscape or streetscape feature that is important in defining the overall historic character of the district or the neighborhood. 64P � r 1 Although the work in these sections Is quite often an important aspect of rehabilitation projects, It is usually not part of the overall pr preserving character -defining features (maintenance, repair, replacement); rather, such work is assessed for its potential negative in — the building's historic character. For this reason, particular care must be taken not to obscure, radically change, damage, or character -defining features in the process of rehabilitation work to meet now use requirements. - 52 7 HEALTH AND SAFETY As a part of the new use, it is often necessary to make modifications to a historic building so that CODE REQUIREMENTS it can comply with current health, safety and code requirements. Such work needs to be carefully and finishes. Recommended Identifying the historic building's character -defining spaces, features, and finishes so that code -required work will not result in their damage or loss. Complying with health and safety code, including seismic codes and barrier -free access requirements, in such a manner that character -defining spaces,features, and finishes are preserved. Working with local code officials to investigate alternative life safe- ty measures or variances available under some codes so that altera- tions and additions to historic buildings can be avoided. Providing barrier -free access through removable or portable, rather than permanent, ramps. Providing seismic reinforcement to a historic building in a manner that avoids damaging the structural system and character -defining features. Upgrading historic stairways and elevators to meet health and safe- ty codes in a manner that assures their preservation, i.e., so that they are not damaged or obscured. Installing sensitively designed fire suppression systems, such as a sprinkler system for wood frame mill buildings, instead of applying fire-resistant sheathing to character -defining features. Not Recommended Undertaking code -required alterations to a building or site before identifying those spaces, features, or finishes which are character - defining and must therefore be preserved. Altering, damaging, or destroying character -defining. spaces, features, and finishes while making modifications to a building or site to comply with safety codes. Making changes to historic buildings without first seeking alter- natives to code requirements. Installing permanent ramps that damage or diminish character - defining features. Reinforcing a historic building using measures that damage: or destroy character -defining structural and other features. Damaging or obscuring historic stairways and elevators or altering adjacent spaces in the process of dging work to `meet code 're quirements. Coveting character -defining wood features with fire-resistant sheathing which results in altering their visual appearance, 92=- 619 HEALTH AND SAFETY CODE REQUIRE OS (continued) Recommended Applying Eire -retardant coatings, such as Intumescent paints, which expand during fire to add thermal protection to steel. Adding a new stairway or elevator to meet health and safety codes In it manner that preserves adjacent character -defining features and spaces. Placing a code -required stairway or elevator that cannot be accom- modated within the historic building in a new exterior addition. Such an addition should be located at the rear of the building or on an Inconspicuous side; and its size and scale limited in relationship to the historic building. h� 1Z Not Recommended Using fire -retardant coatings if they damage or obscure character - defining Features. Radically changing, damaging, or destroying character -defining spaces, features, or finishes when adding a new code -required stair- way or elevator. Constructing a new addition to accommodate code -required stairs and elevators on character -defining elevations highly visible from the street; or where it obscures, damages or destroys character - defining features. E RGY Some character -defining features of a historic building or site such as cupolas, shutters, transoms, ® RETROFITI�rLG skylights, sun rooms, porches, and plantings also play a secondary energy conserving role. There- ,...._„ ,. �� ,._....-.�. sue �. -Q - �- should always be to identify and evaluate the existing historic features to assess their inherent energy conserving potential. If it is determined that retrofitting measures are necessary, then such work needs to be carried out with particular care to insure that the building's historic character is preserved in the process of rehabilitation. Recommended Not Recommended District/ Neighborhood Maintaining those existing landscape features which moderate the effects of the climate on the setting such as deciduous trees, evergreen wind -blocks, and lakes or ponds. Building Site Retaining plant materials, trees, and landscape features, especially those which perform passive solar energy functions such as sun shading and wind breaks. Installing freestanding solar collectors in a manner that preserves the historic property's character -defining features. Designing attached solar collectors, including solar greenhouses, so that the character -defining features of the property are preserved. Masonry/Wood/Architectural Metals Installing thermal insulation in attics and in unheated cellars and crawlspaces to increase the efficiency of the existing mechanical systems. Stripping the setting of landscape features and landforms so that the effects of the wind, rain, and the sun result in accelerated deterioration of historic materials. Removing plant materials, trees, and Iandscape features, so that they no longer perform passive solar energy functions. Installing freestanding solar collectors that obscure, damage, or destroy historic landscape or archeological features. Locating solar collectors where they radically change the property's appearance; or damage or destroy character -defining features. Applying urea of formaldehyde foam or any other thermal insula- tion with a water content into wall cavities in an attempt to reduce energy consumption. 92 649 • SS ENERGY RETROFITTING (continued) i �jn a+ � _ Recommendcu Not RecdMatenskal- — Installing insulating material on the inside of masonry walls to in- crease energy efficiency where there is no character -defining in- terior moulding around the window or other interior architectural detailing. Installing passive solar devices such as a glazed "trombe" wall on a !I! AAAi�i rear or inconspicuous side of all the historic building. Roofs Placing solar collectors on noncharacter-defining roofs or roofs of nonhistoric adjacent buildings. Windows Utilizing the inherent energy conserving features of a building by maintaining windows and louvered blinds in good operable condi- tion for natural ventilation. Improving thermal efficiency with weatherstripping, storm win- dows, caulking, interior shades, and, if historically appropriate, blinds and awnings. a Installing interior storm windows with airtight gaskets, ventilating holes, and/or removable clips to insure proper maintenance and to avoid condensation damage to historic windows. 56 HEALTH AND SAFETY CODE REQUIREMENTS (continued) Resurfacing historic building materials with more energy efficie but incompatible materials, such as covering historic masonry wit exterior insulation. Installing passive solar devices such as an attached glazed "trombe wall on primary or other highly visible elevations; or where historic material must be removed or obscured. im4 Placing solar collectors on roofs when such collectors change th historic roofline or obscure the relationship of the roof to character -defining roof features such as dormers, skylights, and chimneys. Removing historic shading devices rather than keeping them in an operable condition. MW Replacing historic multi -paned sash with new thermal sash utilizing false muntins. r Installing interior storm windows that allow moisture to ac- cumulate and damage the window. _ Rn�nmmondod Nat Racommvnd d ' = Installing exterior storm windows which do not damage or obscure Installing -new exterior storm windows which are inappropriate in the windows and frames. Considering the use of lightly tinted glazing on non -character - defining elevations if other energy retrofitting alternatives are not possible. Entrances and Porches Utilizing the inherent energy conserving features of a building by maintaining porkies; and double vestibule entrances in good con- dition so that they can retain heat or block the sun and provide natural ventilation. Interior Features Retaining historic interior shutters and transoms for their inherent energy conserving features size or color, which are inoperable. Replacing windows or transoms with fixed thermal glazing or per- mitting windows and transoms to remain inoperable rather than utilizing them for their energy conserving potential. Using tinted or reflective glazing on character -defining or other conspicuous elevations. Enclosing porches located on character defining elevations to create passive solar collectors or airlock vestibules. Such enclosures can destroy the historic appearance of the building. Removing historic interior features which play a secondary energy conserving role. New Additions to Historic Buildings i Placing new additions that have an energy conserving function Installing new additions such as multiuory solar greenhouse, addi such as a solar greenhouse on non -character -defining elevations. tions which obscure, damage, destroy character -defining features. Mechanical Systems "" 649 Installing thermal insulation in attics and in unheated cellars and Apply urea formaldehyde foam or any other thermal insulation crawispaces to conserve energy. with a water content or that may collect moisture Into wall cavities. E NEW ADDITIONS TO n attached exterior addition to a historic build% xpands its "outer limits" to create a new pro- HIST0RIC BUILDINGS 'Tile. Because such expansion has the capability to radically change the historic appearance, an exterior addition should be considered only after it has been determin tat tfie new use cannot be successfully met by altering non -character -defining interior spaces. If the new use cannot be met in this way, then an attached exterior addition is usually an acceptable alternative. New additions should be designed and constructed so that the character -defining features of the historic building are not radically changed, obscured, damaged, or destroyed in the process of rehabilitation. New design should always be clearly differentiated so that the addition does not appear to be part of the historic resources. Recommended Placing functions and services required for the new use in non - character -defining interior spaces rather than installing a new addi- tion. Constructing a new addition so that there is the least possible loss of historic materials and so that character -defining features are not obscured, damaged, or destroyed. Locating the attached exterior addition at the rear or on an in- conspicuous side of a historic bQNding; and limiting its size and scale in relationship to the historic building. Designing new additions in a manner that makes clear what is historic and what is new. NER ADDITIONS TO HISTORIC BUILDINGS (continued) Considering the attached exterior addition both in terms of the new use and the appearance of other buildings in the historic district or neighborhood. Design for the new work may be contemporary or may reference design motifs from the historic building. In either case, it should always be clearly differentiated from the historic building and be compatible in terms of mass, materials, relation- ship of solids to voids, and color. Placing new additions such as balconies and greenhouses on non - character -defining elevations and limiting the size and scale in rela- tionship to the historic building. Not Recommended Expanding the size of the historic building by constructing a new addition when the new use could be met by altering nort<haracter- defining interior spaces. Attaching a new addition so that the character -defining features of the historic building are obscured, damaged, or destroyed. Designing a new addition so that its size and scale in relation to the historic building are out of proportion, thus diminishing the historic character. Duplicating the exact form, material, style, and detailing of the historic building in the new addition so that the new work appears to be part of the historic building. Imitating a historic style or period of architecture in new additions, especially for contemporary uses such as drive-in banks or garages. Designing and constructing new additions that result in the diminu- tion or loss of the historic character of the resource, including its design, materials, workmanship, location, or setting. Using the same wall plane, roof line, cornice height, materials, siding lap or window type to make additions appear to be a part of the historic building. Designing new additions such as multistory greenhouse additions that obscure, damage, or destroy character -defining features of the historic building. Designing additional stories, when required for the new use, that Constructing additional stories so that the historic appearance of are set back from the wall plane and are as inconspicuous as possi- the building is radically changed. ble when viewed from the street. U.S. GOVERNMENT PRINTING OFFICE : 1989 0 - 230-394 ..77777777777 i [ i fowror i t vi APPENDIX D Submission Forms DECLARATION, FINANCIAL DISCLOSURE, AND PROFESSIONAL INFORMATION FORMS Declaration Organizational Structure Financial Disclosure and Professional Information Proposer's Questionnaire Partnership Statement Corporation Statement Experience Statement of Proposer Financial Data of Proposer References of Proposer ( Proposer's Architect/Engineer Questionnaire Experience Statement of Proposer's Architect/Engineer Background Data of Proposer's Architect/Engineer References of Proposer's Architect/Engineer Architect/Engineer's Subconsultants' Questionnaire Experience Statement of Architect/Engineer's Subconsultants Background Data of Architect/Engineer's Subconsultants References of Architect/Engineer's Subconsultants Proposer's General Contractor or Construction Manager Questionnaire Experience Statement of Proposer's General Contractor or Construction Manager Background Data of Proposer's General Contractor or Construction Manager References of Proposer's General Contractor or Construction Manager Proposer's Restaurant Operator Questionnaire Experience Statement of Proposer's Restaurant Operator Background Data of Proposer's Restaurant Operator References of Proposer's Restaurant Operator Minority Participation Documentation 92-- 649 1 0 0 i E DECLARATION Clark Cook Executive Director - Miami parking System, Florida Submitted , 1992 The undersigned, as proposer, declares that the only persons interested in this proposal are named herein, that no other person has any interest in this •proposal or in the agreement of lease to which the proposal pertains, that this proposal is made without connection nor arrangement with any other person and that this proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he has complied in every respect with all of the instructions to proposers, that he has read all addenda, if any, and that he has satisfied himself fully with regard to all matters and conditions with respect to the lease to which the proposal pertains. The proposer agrees, if this proposal is accepted, to execute an appropriate lease agreement for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami/Miami Parking System, Florida, for the performance of all requirements to which this proposal pertains. The proposer states that this proposal is based upon the proposal documents issued October 23, 1992, entitled Request for Unified Development Proposals for the Olympia Building at 174 East Flagler Street, and addenda, if any. Signature Title Name of Firm, Individual, or Corporation Signature Title 92- 649 1 0 0 5 4 Ed Ir li 0 I FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION A proposal for the Unified construction, leasing an considered unless all the provided by the proposer. Omissions, inaccuracy or proposal. Development that includes planning and design, d management of the property shall not be information requested in this questionnaire is Statements must be complete and accurate. misstatement shall be cause for rejection of a Statements and answers relating to each question in this be answered on the page on which the question is found 1/2 x 11" supplemental sheets. Photographs or o materials should be placed in an envelope or bound into identified by the proposer's name and address and the p questionnaire to which the supplemental material is ap mounted schematic drawings, not to exceed 30" x 40", sh o By submission of a proposal, the proposer acknowledges and agrees that the City of Miami/Miami Parking System has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in this questionnaire and authorizes the release to the City/Miami Parking System of any and all information sought in such inquiry or investigation. 92- 649 .11 I } _.1 ll 1,ROPOStR' S QUESTIa t1NAIRE fill Name ii Address for pu r15 oses of notice or other comanunication relating to the proposal: Telephone No. The proposer is a: ( } Sole proprietorship ( ) Partnership ( ) Corporation` ( j other (explain below) 1! z' r 4S 1 t f $ W 9,)- 649 i s 1 k �1 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of organization 2. General Partnership ( ) f Limited Partnership ( ) 3. Statement of Partnership record Yes ( ) No ( ) Date Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? i Where? S. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation, complete the following page for corporation.) General/ Limited Name Address Share 6. Attach a complete copy of the Partnership Agreement. I i f; 92- 649 CORPORATION STATEMENT li If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. i Is the corporation authorized to do business in Florida? Yes ( ) No 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 5. List the following: Authorized Issued Outstanding (a) Number of voting shares: (b) Number of nonvoting shares: (c) Number of shareholders: (d) Value per share of Common Stock: Par $ Book $ Market $ 7. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. If more than 5% of any class of stock is held by one or more corporations, then each owner - corporation must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on each page. If said owner -corporations are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) aad furnish the financial statement required on each page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer -corporation. 8. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here and also ! complete corresponding pages. If a corporation, provide name of corporations on corresponding pages for identification purposes and furnish audited financial statement(s) as required on the page for the f� individual or corporate guarantor. i� 992- 649 h f EXPERIENCE STATEMENT OF PROPOSER Describe in detail the duration and extent of your business experience in development and adaptive reuse of historic properties for residential and related ancillary uses described in the RFP. Also state in detail the names and pertinent experience of the persons who %rill be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities which you currently manage. In addition, please also provide photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality development. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquires from the City/Miami Parking System. You should identify your specific role in each project. 92- 649 FINANCIAL DATA OF PROPOSER Audited Financial Statement Proposer, owner -corporation proposer, and any person or business entity guaranteeing the performance of the proposer must attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include audited financial statements (balance sheet and income statement). The person or entity covered by the statement must be prepared to substantiate all information shown. Suretv Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performances. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 1 �! REFERENCES OF PROPOSER List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 � Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.. i 1 Reference No. 2 ;i Name: Firm: Title: Address: r„ Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.. i `d i { 92- 649 Ark, 011�s R2.ference _No.�3 Name'. Firm,. Title: Address: Telephone: sale, loan, business association, Nature and magnitude of purchase, etc.: Reference- No . 4 Name* Firm: Title: Address: Telephone: loan, business association, Nature and magnitude of purchase, sale, etc.: PROPOSER'S ARCHITECT/ENGINEER_,OUESTIONNAIRE Name., - - -- Street Address: Mailing Address: Telephone: Name of principals and their titles who will be chiefly responsible for the design and engineering of the project: Name Name Title Title ti J EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT/ENGINEER Describe in detail the duration and extent of your experience with special emphasis upon experience related to the proposed uses. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City/Miami Parking System. You should also identify your specific role in each project. 1 92- 649 BACKGROUND-DATA,OF PROPOSER'S_..ARCHITECT/ENGINEER Surety Information . Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performances. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) ?ave you ever been declared bankrupt? Yes ( ) No ( ) If yec, to PiLher of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. r R 92- 649 I ^tVl 1 .0 REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER Dist two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: 9h- 649 REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 i Name: _ Firm: Title: -� Address: Telephone: ( ) - Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: 92- 649 EMI ARCHITECT/ENGINEER'S SUBCONSULTANTS' QUESTIONNAIRE (i.e., Landscape Architect, etc.) For each subconsultant or subconsulting firm, please provide the following information. Name: Street Address: Mailing Address: Telephone: Discipline: Name of principals and their titles who will be chiefly responsible for the project: Name Title Name Title EXPERIENCE STATEMENT OR ARCHITECT/ENGINEER'S SUBCONSULTANTS Describe in detail the duration and extent of your experience with special emphasis upon experience related to development and adaptive reuse of historic properties for residential and related ancillary uses described in the RFP. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. 'p In addition, please also include photographs or other illustrative -` material depicting projects that will demonstrate your qualifications for !„ the project identified as well as for persons familiar with the -3 development who could respond to inquiries from the City/Miami Parking System. You should also identify your specific role in each project. 7 F. BACRGAOUNDDATA OF ARCHIT'ECTJENGINEER'S SUBCONSULTANTS Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( } If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performances. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 92- 649 f REFERENCES OF ARCHITECT/ENGINEER`S SUBCONSULTANTS List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: 1 Address: - Telephone: ( ) Nature and magnitude of business association: i 92- 649 PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER QUESTIONNAIRE Name: Street Address: Mailing Address: Telephone: Name of principals and their titles who will be chiefly responsible for the general contracting or management of the construction project: Name Title Name Title 92-- 649 EXPERIENCE STATEMENT OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER Describe in detail the duration and extent of your experience with special emphasis upon experience related to development and adaptive reuse of historic properties for residential and related ancillary uses described in the RFP. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City/Miami Parking System. You should also identify your specific role in each project. gR 649 BACKGROUND DATA OF PROPOSER._S_GENERAL CONTRACTOR OR CONSTRUCTION MANAGER _A Lit Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No.( ) _i If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and i performances. Bankruptcy Information No Have you ever declared bankruptcy? Yes ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) preceding questions, If yes to either of the recedin state date, court as jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending r litigation, liens, or claims involving any participant in the proposal. 92- 649 REFERENCES OF PROPOSERS GENERAL CONTRACTOR OR CONSTRUCTION MANAGER List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Title: Address: Telephone: ) Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ) Nature and magnitude of business association: g9-- 649 PROPOSER'S RESTAURANT OPERATOR_ QUESTIONNAIRE Name: Street Address: Mailing Address: Telephone: Name of principals and their titles who will be chiefly responsible for the operation of the restaurant: Name Name Title Title NOW EXPERIENCE STATEMENT OF PROPOSER'S RESTAURANT OPERATOR Describe in detail the duration and extent of your experience with special emphasis upon experience related to operation of a restaurant in a downtown multi -ethnic setting, and any "club" or dinner/theater experience. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative ' material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could responde to inquiries from the City/Miami Parking System. You should also identify your specific role in each project. F'INANC= DATA OF PROPOSER'S RESTAURANT OPERATOR Audited Financial Statement Proposer, owner -corporation proposer, and any person or business entity guaranteeing the performance of the proposer must attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include audited financial statements (balance sheet and income statement). The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performances. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 1 REFERENCES OF PROPOSER'S RESTAURANT -OPERATOR List two persons or firms for whom you have completed projects during the ;{ past three years. Reference No. 1 Name: Firm: Title: Address: .. Telephone: ( ) Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: ( ) Nature and magnitude of business association: MINORITY PARTICIPATION DOCUMENTATION NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICERS): a) List principal business address: (street address) b) List all other offices located in the State of Florida: (street address) Name of individual holding license in this profession (if applicable): MINORITY PROCUREMENT COMPLIANCE The undersigned proposer acknowledges that (s)he has received a copy of Ordinance 10538, the Minority Procurement Ordinance of the City of Miami (see Attachment I) and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Proposer: Signature: (company name) Print name: Date: Indicate if Business is 51% Minority -owned: (Check one box only) [ ] Black [ ] Hispanic [ ] Female AFFIRMATIVE ACTION PLAN If firm has an existing plan, effective date of implementation If firm does not have an existing plan, the Successful Proposer(s)•shall be required to establish an Affirmative Action Policy, pursuant to Ordinance 10538. Proposer: Signature: (company name) 7 MINORITY CLASSIFICATION AND PARTICIPATION Please check one box only and complete any and all sections applicable to your firm. 1. Indicate Minority/Women Classification of Business Enterprise (PROPOSER): [ ) B-Black j ) H-Hispanic j j F-Female [ j NM -Non -Minority 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation within firm(s), or as it may apply to this Proposal, if awarded. Indicate Minority/Women Classification of each company: A. JOINT VENTURE: Provide information of Minority/Women fum participating and the extent of participation. % of Dollar Firm Name Business Address Contract Amount r] r] B. SUBCONTRACTORS: Provide information regarding Minority/Women firms participating and the extent of participation. Firm Name Business Address Contract Amount C. SUPPLIERS: Provide details regarding Minority/Women firms that supply you with goods and services; state the extent. Firm Name Business Address Contract Amount 92-- 949 Np L A s r v � �f M t _ _ Y r ur a 4 g iyw � t" 11 A COMPLETE BUT Or OLYMPIA BUILDING BLUEPRINTS FROM THE ORIGINAL 1926 SET ARE AVAILABLE AS PART OF THIS REQUEST FOR PROPOSALS, AT NO CHARGE. 1 Please request the 24-page set by letter on your company letterhead, in the following format: Date Ms. Nancy Sullivan Skinner Managing Director Gusman Center for the Performing Arts -, 174 East Flagler Street Miami, FL 33131 Dear Ms. Skinner: As part of the Request for Proposals to redevelop the Olympia Of f ice Building, we request one set of reproductions from the original, 1926 blueprints of this structure and the contiguous theater. It is understood that no further reproduction of said prints by any means is authorized. All sets distributed remain the property of Gusman Center; we agree that if our firm chooses not to bid, or if the contract is awarded elsewhere, the plans provided will be returned to Gusman at the earliest convenience. Sincerely, (Signed by an Officer of the Firm) TO: Honorable Mayor and Members of the City Commission FROM: Clark Cook Executive Director Miami Parking System RECOMMENDATION: 0, 31 DATE: September 15, 1992 SUBJECT: Issuance of UDP/RFP for Olympia Building RE: 10/8/92 City Commission Meeting It is respectfully recommended that the City Commission adopt the attached Resolution, with attachments, authorizing the issuance of a Request for Proposals (RFP) on October 14, 1992, in substantially the form attached, for the Unified Development Project (UDP) consisting of the redevelopment of the Olympia Building for residential and optional ancillary retail, restaurant, and cultural use of approximately 40,000 square feet of City -owned property located at 174 E. Flagler Street, Miami, Florida; selecting a certified public accounting firm and appointing members to a review committee to evaluate proposals and report findings to the City Commission as required by City of Miami Charter Section 29A(C) and City of Miami Code Section 18.52.9. BACKGROUND: Miami Parking System recommends that at the conclusion of the public hearing on October 8, 1992 to discuss the contents of the RFP, that the City Commission authorize the issuance of a RFP, select a certified public accounting firm, and appoint members of a review committee to evaluate proposals and report findings to the City Commission as required by the City Charter and Code for this UDP. On September 24, 1992, by Resolution No. 92-566, the Miami Commission determined that the development of the Olympia Building, a 10-story office building located at 174 E. Flagler Street, Miami, Florida, would best be accomplished using the UDP process in redeveloping the building for residential and optional ancillary retail, restaurant, and cultural use. Pursuant to the aforementioned Resolution, it was determined that for the development of these improvements, the City procure from the private sector an integrated package that includes planning, design, construction, leasing and management. Charter Section 29-A(C) requires that the City Commission hold a public hearing to consider the contents of the RFP. The public hearing was set for October 8, 1992, at 4:00 p.m. and was duly advertised. 92- 649 31-t } Honorable Mayor and Members of the City Commission Page 2 At the conclusion of the public hearing, the City Commission, if disposed to proceed, may authorize the issuance of a RFP, the selection of a certified accounting firm and the appointment of members to, a review committee from persons recommended by the City Manager. The certified public accounting team composed of KPMG Peat Marwick in association with the minority -owned firm of Sharpton Brunson & Company is recommended as the certified public accounting firm for this project. This firm was ranked as number one out of a total of seven submissions of qualifications evaluated by a panel comprised of representatives from Miami Parking System and the City of Miami. The following individuals, four representatives of the public and three City employees are recommended for appointment to the review committee that will evaluate forthcoming proposal submissions and render a written report of its findings to the City Manager: Members of the Public Michael Maxwell Michael Maxwell Associates and Friends of Gusman Terry V. Percy, Esq. Law Office of Terry V. Percy Raul Tercilla Downtown Business Association and Rouse Management Dr. Kathie Siegler Miami -Dade Community College Member of the City of Miami Sarah Eaton Historic Preservation Officer Planning, Building and Zoning Department Eduardo Rodriguez Capital Improvements Manager Finance Department Jack Luft Development Coordinator Department of Development i housing Conservation � 92- 649 Honorable Mayor and Members of the City Commission Page 3 It is recommended that the attached Resolution be adopted by the City 24 Commission in its entirety, authorizing the RFP to be issued on October 14# 1992, for the Unified Development Project of the Olympia Building at 174 B. Flagler Street, in accordance with City Charter and Code requirements. - m CC/cb Attachments: Proposed Resolution Draft RFP