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HomeMy WebLinkAboutR-91-02791b n i� J-91-293 4-2-91 RESOLUTION N0. 91- 7 6 A RESOLUTION APPROVING IN PRINCIPLE THE SELECTION OF BAYSIDE SEAFOOD RESTAURANTt INC. AND VIRGINIA KEY MARINA ASSOCIATES, INC. AS THE SUCCESSFUL PROPOSER FOR THE UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BASIN PROPERTY SUBJECT TO THE SAID PROPOSER PRODUCING SUFFICIENT EVIDENCE TO DEMONSTRATE WITHIN 60 DAYS, THE FORMATION OF THE LEGAL ENTITY AUTHORIZED TO IMPLEMENT THE PROPOSED DEVELOPMENT PROJECT AND THEIR FINANCIAL CAPABILITY TO SUCCESSFULLY, UNDERTAKE AND COMPLETE THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A RESTAURANT WITH ANCILLARY MARINE -RELATED COMMERCIAL AND RECREATIONAL USES ON APPROXIMATELY 2.88 ACRES OF CITY -OWNED WATERFRONT PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID PROPOSER TO INCLUDE CERTAIN TERMS AND CONDITIONS (MORE PARTICULARLY DESCRIBED HEREIN) AND TO COMPLY WITH THE CITY'S MINORITY PROCUREMENT PROGRAM ORDINANCE REQUIREMENTS AND OTHER APPLICABLE LAWS; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS REVIEW, CONSIDERATION AND APPROVAL PRIOR TO ITS EXECUTION; FURTHER PROVIDING THAT THE HEREIN SELECTION OF BAYSIDE SEAFOOD RESTAURANT, INC. AND VIRGINIA KEY MARINA, -INC. AS THE SUCCESSFUL PROPOSER DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON SAID PROPOSER UNLESS AND UNTIL THE PROPOSED AGREEMENT HAS BEEN EXECUTED BY THE CITY OF MIAMI AND THERE HAS BEEN A FAVORABLE VOTE BY THE ELECTORATE AS REQUIRED BY CITY CHARTER F SECTION 29-B; FURTHER RESERVING THE RIGHT TO DISCONTINUE NEGOTIATION WITH SAID PROPOSER IF DEEMED TO BE IN BEST INTEREST OF THE CITY - WITHOUT INCURRING ANY FINANCIAL OR LEGAL LIABILITIES. WHEREAS, on September 14, 1989, by Resolution No. 89-804, the City Commission determined that the development of approximately 2.88 acres of City -owned, waterfront property located adjacent to and immediately west of Miami Marine Stadium more commonly known as Virginia Key Basin, Miami, Florida, would best be accomplished by the Unified Development Project process for a Restaurant with ancillary marine -related retail uses; and WHEREAS, on June 7, 1990, by Resolution No. 90-499, the City Commission authorized the issuance of a Request for Unified CITY COMMON ON I A VIM"MG 4F Development Proposals for a Restaurant with marine -related retail and recreation uses at Virginia Key Basin, selected a certified public account firm and appointed members of a Review Committee to evaluate the proposals as their duties are prescribed by local law; and WHEREAS, the Request for Unified Development Proposals for Virginia Key Basin was issued on June 21, 1990, and contained specific. evaluation criteria to be used by the certified public accounting firm and the review committee; and . WHEREAS, one proposal was received by the City in response to the Request for Unified Development Proposals on September 21, 1990, the published date for receipt of proposals; and WHEREAS, the certified public accounting firm rendered its written report to the City Manager analyzing the proposals based on the financial viability of the proposed development team, its proposed financial strategies, and.assessed comparatively, the short and long-range economic and fiscal return to the City and evaluated the economic. feasibility of the proposed development; and WHEREAS, the Review Committee received the presentation of the proposer and, after extensive analysis and discussion of the one, proposal, rendered a written report to the City Manager containing an evaluation of the proposal based on the specific evaluation criteria in the Request for Proposals that included the. .experience of the development team including, without limitation, experience on similar projects, the capability of the development team, the proposer's financial capability and level of financial commitment, the financial return to the City, overall project design and extent of minority participation; and WHEREAS, the City Manager, after taking into consideration the findings of the certified public accounting firm, those of the evaluation of the Review Committee, including personal interviews conducted with the proposer, is recommending the selection in principle of the following proposals Bayside Seafood Restaurant, Inc, and Virginia Key Marina, Inc.; and WHEREAS, in accordance with the City's unified Development Project process outlined in Charter Section 29-A(c) and Code Section 18-52,9, the City Manager has transmitted to the City Commission his recommendations including the written reports, from the aforementioned certified public accounting firm and Review Committee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. Bayside Seafood Restaurant, Inc. and Virginia Key Marina, Inc. is hereby selected in principle as the successful proposer for the Unified Development of the Virginia Key Basin Property subject to -the said proposer producing sufficient evidence to demonstrate within 60 days from the date of this Resolution the formation of the legal entity authorized to implement the proposed development project and its financial capability to successfully undertake and complete the planning and design, construction, leasing and management of a restaurant with marina and ancillary marine -related retail and recreational uses on approximately 2.88 acres of City -owned waterfront property. Section 2. The City Manager is hereby authorized and directed to negotiate an agreement with said proposer, for the Unified Development of the Virginia Key Basin property. Section 3. The said applicable agreement to be negotiated is required to comply with the City's minority procurement program ordinance requirements and other relevant laws, and to include, but not be limited to the following terms and conditions: -- Provisions committing the successful proposer to the full extent and corresponding level of expenditures for all capital improvements included in the proposal; -- The immediate commencement, upon execution of the Agreement, of all capital improvements to the site, as included in proposal, including but not limited to: Provisions of fire protection; conformance of all facilities with life/safety and handicap access requirements as well as mandated environmental safeguards; l Accommodation of all parking requirements on - site, Provision of a public baywalk pedestrian access; Compliance with waterfront setback and view corridor requirements; Construction of floating docks for temporary landing of recreational boats accessing the restaurant; Construction of all project elements and amenities as proposed; and Acquisition of all permits and approvals necessary to carry out the work; -- Provision of complete plans and specifications (construction documents) by licensed architects and engineers for all work to be performed at and upon the site; -- Provision that design development and construction documents must be submitted to the City for review and approval. In addition City staff shall monitor construction of the development project; -- Provision that all development rights will be forfeited if development does not occur by agreed upon date; and -- Compliance with such other terms and conditions which are necessary or practicable to further the best interest of the City of Miami as determined by the City Administration, with the concurrence of the City Attorneys' Office. Section 4. The City Manager is further directed to present the negotiated agreement to the City Commission for its review, consideration and approval prior to its execution and submittal for vote at a referendum. The herein selection of Bayside Seafood Restaurant Inc. and Virginia Key Marina, Inc. as the successful proposer does not confer any contractual rights upon said proposer unless and until the proposed agreement has been executed by the City of Miami and there has been a favorable vote cast by the electorate at a referendum. Section 5. This Resolution shall become effective immediately upon its adoption. f f x PASSED AND ADOPTED this 11th day of ATT AT Y HIRAI, CITY CLERK PREPARED AND APPROVED $Yr d '1�---^--- LI K. KEARMN ASSISTANT CITY ATT RNEY APPROVED AS TO FORM AND LKK/gmb/M2138 F tY 91. CITY OF MIAMI, FLORIDA 12 INTER -OFFICE MEMORANDUM TO : honorable Mayor and Members DATE : MAR 2 81991 FILE of the City Commission Selection of Bayside Seafood sua,Ect : Restaurant, Inc. and Virginia Key Marina, Inc. for the Virginia Key Basin property FROM :Cesar H. Odi REFERENCESFor the City Commission Meeting City Manager of April 110 1991 ENCLOSUREERFP; Proposal; CPA & Review Committee Reports It is respectfully recommended that the City Commission adopt the attached resolution accepting the recommendation of the City Manager for the approval in principle of the selection of Bayside Seafood Restaurant, Inc. and Virginia Key Marina, Inc.'s proposal subject to the said proposer producing sufficient evidence to demonstrate within 60 days, the formation of the legal entity authorized to implement the proposed development project and their financial capability to successfully undertake and complete the proposal for the planning, design, construction, leasing and management (unified development project) of approximately 2.88 acres of City -owned waterfront property located adjacent to and immediately west of Miami Marine Stadium for a restaurant with ancillary marine related commercial and recreational uses; authorizing and directing the City Manager to negotiate a contract with Bayside Seafood Restaurant Inc. and Virginia Key •Marina, Inc.; requiring the contract to include certain terms and conditions (more particularly described herein) and to comply with City minority procurement program ordinance requirements;. and further directing the City Manager to present the negotiated contract to the City Commission for consideration and approval; prior to execution said contract must be approved by a majority of the votes by the electorate at a referendum as required by City Charter Section 29 B; further reserving the right to, discontinue negotiation with said proposer if deemed to be in best interest of the city without incurring any financial or legal liabilities. BHCKGROUNf� On June 7, 1990 the Commission adopted Resolution No. 90-499, authorizing the City Manager to issue a Request for Proposals (RFP) for the unified development of approximately 2.88 acres of City owned, waterfront property located adjacent to and immediately west of Miami Marine Stadium for a restaurant with ancillary marine related commercial and recreational uses. 6 Honorable Mayor and Members of the City Commission page two The RFP which was issued on June 21, 1990, contained specific evaluation criteria to be used by Certified Public Accountants (CPA) and the review committee as follows. The certified nubl ic accounting firm evaluated the financial viability of the proposed development teams, their proposed financial strategies, and assessed comparatively the short and long-range economic and fiscal return to the City. Additionally, they evaluated the economic feasibility of the proposed development. While the C.P.A. renders an independent report of its findings to the City Manager, it was also a requirement of the Request for Proposals that the report be furnished to the review committee prior to their deliberations. The review committee evaluated the proposals as to the experience of the proposers, capability of the development teams, financial capability of the proposers, the proposers level of financial commitment, the financial return to the City, the proposed overall design of the facilities and the extent ofproposedminority participation. One proposal was received by the City in response to the Request for Proposals on September 21, 1990 from the following: Bayside Seafood Restaurant, Inc. and Virginia Key Marina, Inca The following summarizes the reports submitted by the CPA Firm and Review Committee: Certified Public Accountants There are several issues which would need to be resolved during contract negotiations if the above reference proposers is accepted by the City. These items are summarized below: Experience of Proposer and Capability of Development Team The team appears to have significant experience to implement the proposed development project. Honorable Mayor and Members of the City Commission page three Analysis.of,Construction Cost A detail breakdown of cost related to infrastructure, equipment and fixture cost, etc, was not provided. Therefore, the cost estimates of the project could not be validated or substantiated. The proposer would need to demonstrate that sufficient resources are committed to entirely fund the development of the proposed project. The total estimated construction cost for the project is $2,570,000. The proposal indicates that the net worth of selected shareholders is approximately $2,185,000 of which approximately $554,500 is considered to be in liquid assets. While there is some representation of financial commitment by the shareholders, there does not appear to be enough to completely fund this project. Additionally, there does not appear to be cash reserve provided for during the start-up of the restaurant's operations. Sufficient information was not provided to substantiate the pro -forma projections or to allow for a meaningful evaluation. No cash reserve was factored in during the start up of the restaurant operation. There was, therefore, no indication as to how a cash short fall would be funded. Projected operating expenses appear to be understated which would also impact the annual net income (profit). Economic Return to the City, The value of capital improvements made to the Unified Development site, projected lease payments and property tax payments represents the most significant economic benefits to the City. Note: the .present value of the project lease payment over a 20 year lease period equals $2,939,689 which exceeds the 2,000,000 fair market value of the site. Honorable Mayor and Members of the City Commission page four Review Committee The Review Committee had reservations in unconditionally recommending the proposal submitted by Bayside Seafood Restaurant, Inc. and Virginia Key Marina Associates, Inc. Therefore, the Committee's recommendation is subject to the following conditions, as a minimum being met prior to contract negotiations and referendum: 1) the proposer shall finalize the organizational and team structure; 2) the financing plan as well as any other financial information for this project shall be completed and verified by an accounting firm and/or a Department identified by the City; and 3) a minority participation plan shall be submitted and approved by the City. Further, the Review Committee recommended the following: The contract shall include protective measures for forfeiture of the development rights be included in the contract to make certain the leasehold property will revert to the City if development does not occur within a reasonable period of time. The contract shall include the City's right to approve changes in the makeup of the developer's organization structure as well as variations to the design of the project. The contract shall include as a minimum requirement, the developer's full compliance and commitment to all improvements and aspects of the proposed development plan. I have taken into consideration the findings of the CPA firm and the evaluation of the Review Committee, as well as a review of the proposal documents.. My recommendation is conditioned upon negotiating a contract requiring Bayside Seafood Restaurant, Inc. and Virginia Key Marina, Inc. to comply with the City's minority program procurement ordinance and to include but not be limited to the terms and conditions as set forth below: Honorable Mayor and Members of the City Commission page five Submittal by the proposer, within 60 days of adoption of this attached resolution, sufficient evidence to demonstrate the formation of the legal entity authorized to implement the proposed development and their financial capability to successfully undertake and complete the proposed project, in a manner acceptable to the City. The immediate commencement upon execution of the contract, of all capital improvements to the site in accordance with all applicable laws and codes as well as a forfeiture clause for non compliance. Submittal of design development and construction documents for review and approval by City staff. Submittal of a construction budget which details cost of infrastructure, equipment, fixture, etc. Inclusion of City staff in construction observation of the development project. It is recommended that the attached Resolution be adopted in its entirety at the City Commission meeting of April 11, 1991. Attachments: i s Proposed Resolution RFP Issued June 21, 1990 z. Proposal Received September 21, 1990 CPA Final Report to the City Manager Review Committee Report to the City Manager tY I. i2 -� 2 -� • REQUEST FOR PROPOSALS FOR THE UNIFIED DEVELOPMENT OF '1'IIE viRGriu KEY BASIN PROPERTY (located adjacent to and immediately west of Miami Marine Stadium on the southerly shoreline of the Marine Stadium Basin) June 21, 1990 CITY OF M WI Xavier L Suarez, Mayor Miller J. Dawkins, Vice Mayor Dr. Miriam Alonso, Commissioner Victor H. De Yurre, Commissioner J.L Plummer, Jr., Commissioner Cesar H. Udio, City Manager Jorge L Fernandez, City Attorney i Prepared By: Department of Development & Housing Conservation Development Division 300 Biscayne Blvd. Way, Suite 400 Miami, Florida 33131; Tel. (305) 372-4590 Proposals Due: 2:00 p.m., Friday, September 21, 1990 Location: City's Clerk's Office, Miami City Ball 3500 Pan American Drive Miami, Florida 33133 91--- 270 • Gentlemen: June 21, 1990 Thank you for youL interest in the Unified Development of an approximately 2.88 acre City -owned site located adjacent to and immediately west of Miami Marine Stadium on the southerly shoreline of the Marine Stadium Basin, Miami, Florida, more commonly known as the "Virginia Key Basin Property." Enclosed is the City of Miami's Request for Proposals (RFP) that details the project's goals and propobal submission requirements, significant project reports and pertinent legal and obligatory documents. Responses to this RFP are due no later than 2:00 p.m., Friday, September 21, 1990. The City retains the option to require a more extensive and detailed submission prior to final_ selection of a developer should the selection process warrant a second stage review, as well as the right to reject all proposals through and including up to the time the City Commission selects a proposer and approves the execution of a lease agreement. Please carefully review all of the enclosed documents. Proposals must comply with all requirements detailed in the RFP to :be eligible for consideration. 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 prior to or during the Unified Development Project evaluation process. All information and material submitted will be carefully analyzed and independently verified. . Proposals must present a definitive development program; project definition, site plan and design concept; development and implementation schedules, financial strategy, management plan and respecting all requirements of this Request for Proposals to form the basis for selection by the City. Contact with City employees, except for public hearings and presentations, regarding this project or any aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City Manager or his designee, Herbert J. Bailey, Assistant City Manager, and City staff assigned to this project. Discussion of any aspect of a proposal with City staff not so designated, City agencies, members of the appointed review committee or the accounting firm selected to evaluate proposals may disqualify a proposer in the sole and exclusive discretion of the City Manager. Written and oral discussions between the City Manager, his designee or City staff assigned to this project and offerors who submit proposals may be conducted, but proposals may be accepted as submitted without such discussions. All questions or requests for additional information should be addressed in writing to Herbert J. Bailey, Assistant City Manager, City of Miami, Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. Any response that could potentially impact proposals will be furnished to all offerors in the form of an addendum. The City will conduct a Proposal Pre -Submission Conference on Tuesday, July 10, 1990 at 10:00 a.m. at the Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are invited to attend. Proposals must be delivered to Matty Hirai, City Clerk, (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133 by no later than 2:00 p.m., Friday, Sept. 21, 1990 and will be publicly opened on that day. Sinc ely, Cesar H. Odio City Manager �t TABLE OF CONTENTS p I- PUBLIC NOTICE••►•a►•••aa••►•.•••••••►•••••••••••••a•• 1 II. PR03ECT OVERVIEW A. Summary • • ► a • • . • • • • ► • • • 6,-, 3 Figure • Regio• nal lLocation Map... after page 3 Figure 2. Area Location Mapa.•.•••.after page 3 B. Site Location ...............•................•.. 4 Figure 3. Project Location Map.•..•after page 4 C. Project Parcel Description ...................... 4 D. Unified Development Project Schedule............ 5 III REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Projects .................... 6 B. Commitment of Funds ............... .•••.•........ 6 C. Commitment of Property .......... ...•..... ►..... • 6 D. Commitment of Services ............ •••.•►••• ►.►.• 7 E. Execution of Contracts ............. •... •60.... •• .7 F. Right of Termination..... .......... 6 ............ 7 G. Definition of Uses .......................... ►... 7 IV. PROPOSAL DEVELOPMENT CONSIDERATIONS A. Development Objective ........................... 8 B. Termination of Existing Leases and Restaurant Operations ...................................... 8 C. Lease Term ...................................... 9 D. Annual Lease Payment... 9 E. Use ..... 9 F. Adjacent Property Consideration ................. 9 G. Site Improvements ............................... 9 H. Parking ......................................... 10 I. Access .......................................... 10 J. Permitting ...................................... 10 K. Architectural Treatment of Improvements......... 11 L. Signage..................................•►••a. 11 M. Estimated Construction Costs .................... 11 N. Project Financing Strategy ...................... 11 O. Development Schedule ............................ 11 P. Method of Operation ............................. 12 Q. Minority Participation .......................... 12 R. Contract Terms .................................. 12 V. PROPOSAL FORMAT A. Credentials ..................................... 13 B. Project Proposal ................................ 14 C. Additional Requirements ......................... 14 VI. EVALUATION CRITERIA A. Review Committee Evaluation Criteria............ 16 B. CPA Firm Evaluation Criteria....................76 1$ s TABLE OF CONTENTS ( CANT' D . _ V'II. TERMS AND CONDITIONS To NN CONSIDERED IN THE LEASE ,AGREEMENT A. Authorization . . . . . . . . . . . . . . . • . . . . . . . . . . .. . . . . :' B. Terms and Conditions... .......................� lg ". VII2. PnoposAL suamISSIou PROCEDURES ............... 24 APPENDIX A. Virginia Key Master Plan Development Concepts........................6.............. 25 APPENDIX B. City of Miami Charter and Code Sections; Referenced Legislation ......................... 26` APPENDIX C. City of Miami Minority and Women Business Affairs and Procurement ordinance No._10538.... 27 APPENDIX D. Current Lessee Letter of Commitment ..... .......``28 EXHIBIT I. Sketch of Property Survey ...................... 29 EXHIBIT II. Declaration, Professional `Information and Financial Disclosure Forms ............:.... 30 ;(r 4 S i r i� i.: t r *.r- 15 a , y A ic`h. n ;& Y i - � { ,.i�f..�t43S�;7�A��`tt�+,5+;: it".�*$'�Y`i1t—W°�1".a-�,b' ''t `� tf P •�f� S -u'� �R`#'`�}.'ih'Cst�t^.. — 16 PUALYC NOTtI H The City of Miami is inviting interested parties to submit Unified Development. Project (U.D.P.) proposals for the planning and design, construction, leasing and management of approximately 2,88 acres of City -owned land located adjacent to and immediately west of Miami Marine Stadium along the Marine Stadium basin shoreline in Miami, Florida for restaurant and marine -related commercial and recreational uses. The waterfront parcel includes approximately 280 linear feet of frontage along the basin shoreline. All proposals shall he submitted in accordance with the Request for Proposals document which may be obtained from the City of Miami Department of Development, 300 Biscayne Boulevard Way, Suite 4000 Miami, Florida 33131, (305) 372-4590. This document contains detailed and specific information regarding the property being offered for Unified Development and the City's goals for the use of the property by the successful proposer. The City will conduct a Proposal Pre -Submission Conference on Tuesday, July 10, 1990, 10:00 a.m., at the City of Miami Department of Development. 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 Matty Hirai, City Clerk, City Hall, Dinner Key, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, September 21, 1990, and will be publicly opened on that day. No proposals shall be accepted after the date and time specified or at any other City office location. The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re -advertise ` for new proposals. Any proposal deemed by the City Manager to be non- responsive or to not meet the minimum requirements of this Request for k Proposals shall be rejected by the City prior to the Unified Development Project evaulation p j process. In making such determination,.. the City'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 Cit the i' y, proposer's financial qualifications, the overall project design, the extent of minority ' participation, and the evaluation by the City of all information submitted in support or explanation of the proposed development of the property. Ordinance No. 10538 estabishes a goal of awarding 51% of total dollar volume of all expenditures for all goods and Black, Hispanic and Women Minority Business Enterprises basis. 1 the City's services to on an equal >i � l :7� A :i 0 t i I . PttOJ9CT OViIRVIRW A. Summary The City of Miami is extending invitations to qualified and experienced developers to submit proposals for development of a restaurant and marine -related or dependent commercial and recreational uses on approximately 2.88 acres of waterfront land on Virginia Key along the Marine Stadium Basin shoreline, The City- owned parcel is located between the Miami Marine Stadium, a public facility operated by the City of Miami, and a boat ramp and dry rack storage, facility operated privately as a land lease from the City. Virginia Key, a barrier island, is located in Biscayne Bay midway`' between Key Biscayne and the mainland as shown in Figure 1. "Regional Location Map" and the Marine Stadium basin is adjacent to Rickenbacker Causeway as shown in Figure 2. "Area Location Map". On July 23, 1987, the City Commission passed Resolution 87-760 adopting in principle the Virginia Key Master Plan, that among other things, set forth a general development and implementation 'program for publicly owned properties on Virginia Key, and is included herein as Appendix A. On September 14,1989 the City Commission adopted Resolution 89-771 declaring that the most advantageous method to develop certain improvements on the Virginia Key Basin parcel offered herein is by the "Unified Development Project" process, as set forth in City Charter Section 29-A(c) and City Code Section 18-52.9. Resolution 89-771 further authorized the preparation of a Unified Development Request for Proposals (RFP)., A Public Hearing was held June 7th, 1990 to take testimony regarding the Request for Proposals and to authorize issuance of the RFP. At the conclusion of the Public Hearing on June 7th, 1990, the City Commission adopted resolution 90- which authorized the issuance>. of this Request for Proposals, appointed a seven 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. (Referenced legislation is included in Appendix B . ) Proposals shall include planning and design, financing and x construction of improvements appropriate to the character of then site and the Miami River waterfront. The property, in public ownership by the City of Miami, is to be redeveloped, leased, operated, -managed, and maintained at no cost to the City .by the successful proposer under a property lease agreement with the City, P P P P Y 9 of Miami. ,rutAul BEACH rittsuY � a E .+14;AiT ,�.*-.7�'~�•ia�13't �.C:.1r :Y Lam_ ', aact .. siscAvoc FIGURE I REGIONAL id L'OCA. IO ry• .,i;^ fi-v�n`j .iY. `a� .A..s.w ,r+re;6 k, �..s.. «F."..rb>�.M1 ,rhetr4v s'ia gym*,, •,;.e.R+a•.V•i+Yfc.ws` ?r'{•rNa+rze54»'.'.�new.t.Y+vtin'Rsap•lift.kr✓4rw?f+1xYf�•M*-n*?nTFOO-nra' r. :M**,w1ii2h'ta�'�NS&'P' :•hks4t i5'fi"`�u^v7n7dk+.Y•N"'sP4+!^t m7rA'� 'rNrFrm,rrro•-.�,r:•-�.,_. .,• i 11 III I II FIGURE 2 Li E] A. Site Location The Virginia Xey Basin site, shown in Figure 3. "Project Location Map," is located along the Marine Stadium Basin shoreline between the Stadium and a public boat ramp and boat yard. The Virginia Key Master Plan, adopted in 1987, recommends a reorganization of the leasehold areas west of the Marine Stadium to provide a more efficient use and higher quality design of the boat yards and recreational facilities. To accomplish this, the plan proposes that the existing restaurant use located within a parking lot be moved to the shoreline, and an area of ground storage of boats and marine equipment be converted to public parking serving the restaurant use and marine stadium. This U.D.P. seeks to implement these specific objectives of the adopted Master Plan. The project site consists of two parcels: Parcel B, approximately 2.27 acres currently used for surface storage of boats and miscellaneous equipment (of which .5 acres consists of entrance drives for Marine Stadium that will remain); and a portion of Parcel 1-B, approximately 1.11 acres, currently a boat ramp and vacant land. Both parcels are currently under lease to Marine Stadium Enterprises. (Refer to Exhibit I. "Sketch of Property Survey for detailed property description.) C. Project Parcel Description 1. Owner: City of Miami 2. Address: adjacent to 3601 Rickenbacker Causeway 3. Legal Description: Restaurant/Marine Service Area (portion of Parcel 1-B of, Rickenbacker Marina Survey) - Commence at the Southeast Corner of Section 17, Township 54 South, Range 42 East; Dade County, Florida; thence along the south line of said section 17 north 89 degrees 56149" west for 2,649.84 feet to its intersection with the Center Line of "Rickenbacker Causeway" as shown in "The Metropolitan Dade County f. Bulkhead Line" according to the plat thereof as recorded in plat book 74, at Page 9, sheet No. 2 of the public Records of Dade County, Florida; thence along said Center line North 45 degrees 22' 07" West for 3,073.07 feet; thence North 44 degrees 37' 53" East for 446.57 feet to the point of beginning of the hereinafter described parcel of land. - thence North 44 degrees 37' 53" East for 276.00 feet; thence N 75 degrees 22' 07" West for 280.00 feet; thence South 14 degrees 37' 53" West for 24.97 feet; thence South 44 degrees 37' 53" West for 114.37 feet; thence S '45 degrees 22' 07" East for 230.00 feet to the point of beginning. Containing 1.110 acres more or less. Parking Area - (Parcel B less the southeasterly 120 feet) - Commence at the southeast corner of Section 17, Township 54 South; Range 42 East; Dade County, Florida, thence along.. 4 27 �-z at -'aexlst;rr iz'4 lw- - "ps a uran SITE LOCATION MAP DADE FIGURE 3 Aw. the south line of said section 17, N 89 degrees 56' 17" W 2,649.84 feet to its. intersection with the centerline of Rickenbacker Causeway as shown on the Plat of the Metropolitan bade County nulkhead Line as recorded in Plat Book 74 at Page 9 of the Public Records of bade County, Florida; thence along said centerline N 45 degrees 22' 07" "hest 2523.0 feet to a point, thence N 44 degrees 37' 53" Bast 241 feet feet to the Point of Beginning of the herein described tract of land; thence N 44 degrees 37' 53" West 180 feet to a point, thence S 45 degrees 22' 07" hest to the Point of Beginning. Containing 2.27 acres -more or less. 4. Area: Restaurant/Marina Services - 1.110 acres Parking - 1.774 acres (not counting southeasterly 120 feet of Parcel B to remain as Stadium entrance). 5. Zoning: Restaurant area - BU-lA (Metropolitan Dade Co.) Parking area - GU (Metropolitan Dade Co.) 6. Present Use: Restaurant area - vacant Parking area - boat and miscellaneous storage 7. Existing Improvements: none 8. Water Frontage: Approximately 280 linear feet D. Unified Development Project Schedule (Anticipated) Issuance of Request for Proposals June 21, 1990 Proposal Pre -Submission Conference July 101 1990 Location: Dept. of Development 10: 00 a .m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 Proposal Submission Deadline September 21, 1990� Location: Office of the City Clerk 2:00 p.m.:: Miami City Hall, Dinner Key 16 3500 Pan American Drive Miami, Florida 33133 CPA Firm Evaluation of Proposals Review Committee Meetings Review Committee Interviews with Qualified Proposers September -October 1990 September -October 1990 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 -5- October 1990 October 1990.` 3 tT, November 1990 { x r t` i 111. 99099ST POR. PROPOSALS LEGAL REQUIREMENT'S A. Unified nevelo ment Projects The City of Miami Commission has determined that for the development of improvements sought by this Request for Proposals, it is most advantageous 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 Charter Section 29-A. (c) and defined in the City of Miami Code Section 18- 52,9 for Unified Development Projects, incorporated herein by reference and included in Appendix B. B. Commitment of Funds 1. City The City shall provide no direct or development. 2. Successful Proposer indirect financing to the The successful proposer is required to provide equity and debt capital adequate to finance all aspects of the proposed Unified Development of the property. The successful proposer shall provide funding for the purchase of remaining leasehold rights in the subject sites and for compensation to the operator of the existing adjacent restaurant operation for its removal (see section IV.B.) . The successful proposer shall provide funding for the improvement of the adjacent public site to enhance its public use (see section IV.F.) 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. #4 C. Commitment of Property The City will enter into a property lease agreement with the e'. rP rP successful proposer for the parcels particularly described in Section II.C.3. The proposed term of the lease agreement shall be€a, negotiated to compliment the financing strategy and/or the depreciation schedule. The lease agreement will be structured to x' provide the City with an annual rental payment that is comprised .of a minimum annual guaranteed rent and a percentage of gross revenues (refer to Section IV.C.) . 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. 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. The City is prohibited from favorably considering any lease of property, unless, among other things, there shall have been at least three written proposals received from prospective lessees (refer to Section VII.B.3.). D. Commitment of Services Services such as police and fire protection, equal to those provided 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 designee 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 k 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 from the Review Committee that evaluated the proposals for the project, concerning in part 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. 7 0 fir_ 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. A. Develop!nent Objective Proposals must meet the City's development objective seeking the most active and productive commercial use of the site related to waterfront activities for which this portion of Miami's Marine Stadium basin waterfront is reserved. The project shall include a restaurant as its principal use and is strongly encouraged to include other water -dependent or water -related commercial and recreational uses permissible under BU-lA zoning (Metropolitan Dade county Code). Improvements shall be responsive to, the character, environmental and design factors inherent to the Miami Marine Stadium Basin and the site. Aesthetics of the development will be a prime consideration in the evaluation of proposals. The City expects the proposed architecture to be responsive to the South Florida sub -tropical climate and its waterfront setting. Of special concern is the facade and sillouette as viewed from the Basin and parking areas adjacent to Marine Stadium. The project shall relate to the water's edge with respect to enhancing the general public's increased visual and physical accessibility to the basin. It is a primary objective of this project to eliminate the existing restaurant operation (otherwise known as "Bayside") within the parking lot of the adjacent leasehold as a condition for constructing a new restaurant and marine services facility on the waterfront. The objective of the Virginia Key Master Plan, upon which this project is based, is to in -effect move the existing food service facility adjacent to the project site to the higher amenity project site waterfront location and thereby eliminate, as well, the present functional conflicts between the current restaurant and boat storage operations. A secondary objective is to eliminate the surface tora a of boats ' s thi P 1 B d t tih g wi n arce an conver a area to needed automobile parking. r- €' B. Termination of Existing Leases and Restaurant Operations The successful proposer must, prior to execution of a lease : agreement for the project site, successfully negotiate with the current lessee an agreement to purchase of remaining leasehold interests in the project site including, if necessary, satisfactory compensation of the existing restaurant operator on the adjacent leasehold for removal of the present restaurant operation,y structure and equipment (otherwise known as "Bays ide"). The existing Lessee of the project site has agreed to negotiate in.good' faith based on an appraised fair market value, the sale of the tea remaining leasehold interests in the site to the successful Syr proposer (see Appendix D. - Current Lessee Letter of Commitment). 8 4 3a: C. Lease Term The term of a lease agreement to be executed between the City and the successful proposer shall be negotiated to compliment the financing strategy and/or the depreciation schedule. Do Annual Lease Payment The financial return to the City shall include a minimum annual. guaranteed rental payment for lease of the property, plus a percentage of gross revenues throughout the lease term. E. Use The site is located in a zoning district intended for general commercial services and government uses. For purposes of responding to this Request for Proposals, the principal uses of the waterfront property (portion of parcel 1-B), shall be a restaurant oriented to the waterfront and recreational use of the water's edge. Accessory uses that may be realistically configured on the site, in addition to its principal uses, include such commercial marine and recreational service uses permissible under BU-lA zoning. In addition, floating docks for the temporary landing of recreational boats seeking access to the restaurant and marine services may be installed within the adjacent embayment area, provided, however, such docks are permitable under applicable County and State regulations for such structures and all required permits are obtained by the lessee. The sole use of the inland property (parcel B) shall be for public parking to serve the restaurant and for special events at the Miami Marine Stadium. y, F. Adjacent Property Consideration Between the restaurant site and the Marine Stadium facility exists a 350 foot length of vacant, unimproved public shoreline. It is the City's expectation that the successful proposer shall fund and. install improvements to this area for a depth from the shoreline of approximately 100 feet, that will enhance the publics use and ' access to this area. Such improvements may consist of walkways and landscaping, the nature of which shall be reflected in the proposal submission. This area is not a part of this R.F.P.'s leasehold offering. G. Site Improvements The property including all conditions, topsoil and subsoil on the premises is offered "as is." Required on -site loading and service areas shall be organized, appropriately landscaped, and screened from surrounding streets and adjacent property. Proposals shall include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development. 9 Z, 91- 27 All site improvements must comply with all applicable code requirements. All signage shall be reviewed and approved by the City of Miami Planning Department. H. par kin Minimum off-street parking requirements are to be achieved principally by utilization of the Parcel B leasehold area to be improved as a surface parking lot for the exclusive use of the restaurant except during Marine Stadium events. During such events, the City will require that the Parcel B parking spaces be made available to event patrons, and all vehicles parked on Parcel B will pay the normal event parking fee. If the event's paid _ seating is only within the stadium grandstands, any parking on Parcel 1-B (restaurant site) may be reserved exclusively for restaurant valet parking and exempt from normal stadium event parking fees. If the event has paid shoreline spectator space (ie. the annual power boat races), standard City policy is to charge an event entrance fee at the main stadium parking gates which will include restaurant patrons (since they will enjoy a view of stadium basin event activities.) Use of additional parking within the adjacent City's Marine Stadium parking lot as may be required by code or desired by the restaurant / commercial operator may be negotiated and entered into as a separate agreement with the Department of Parks, Recreation and Public Facilities and the City Property/Lease Manager subject to the approval of the City Manager. This additional parking, if desired, will be provided through a special use permit that is revokable and not a lease. I. Access Access to the restaurant site (Parcel 1-B) will be through Parcel B with an easement through the Marine Stadium parking lot to permit full access to Parcel 1-B. Access to Parcel R may be through the Marine Stadium parking entrance and/or from the existing frontage road parallel to Rickenbacker Causeway. J. Permitting The successful proposer shall be responsible for acquiring. all required permits,, licenses and approvals from, but not limited to.' the ArmY P Cor s of Engineers the State De artment of Environmental' P Regulation (DER), Metro Dade County Department of Environmental Wr Resources Management (DERM), the Dade County Building Department, the Dade County Shoreline Review Committee and the City of Miami. { z 10 X. Architectural Treatment of improvements Development of improvements shall be architecturally acceptable and will be critically evaluated in the selection process. The City expects the proposed architecture to be responsive to the local climate and in particular to the waterfront setting. The City does not seek .an architecture or a setting imitative of any other geographic area. The appropriate context for the waterfront can best be expressed through the use of indigineous building materials and forms and lush landscape treatment responsive to South Florida's natural conditions. Overall height of new structures shall be in accordance with limitations as established by zoning. The design of rooftops should be conducive to Least Tern nesting. L. Signage Signage will be permitted in accordance with the Dade County zoning Code with design approval by the City Planning Department. Signage may be placed, subject to design review, near the Marine Stadium entrance on City owned land. A fee may be applicable. M. 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. N. Project Financing Strategy The proposer shall provide financing for all building and site improvements including public spaces and amenities associated with the development and, if necessary, for purchase of existing leasehold rights and compensation of the existing restaurant operator for loss of lease, building and equipment. O. Development Schedule Respondents shall submit a proposed development schedule for 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. 11 P. Method of On eration 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 Exhibit II. of this document must be completed by management contractors. In the event the proposer is not the restaurant operator, the independent and experienced restaurant operator must be a member of the proposer's team and must complete all applicaTle forms included in Exhibit II. Q. 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 (Appendix C). Minorities are expected to be an integral part of the development team, participate substantially in construction contract and jobs, and comprise a significant part of the permanent management team, as well as all businesses and work force created by. the development. For the purpose of proposal evaluation, significant minority participation shall be defined as 17% black, 17% hispanic, and 17% female. R. 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. r 12 • V. PROPOSAL PORMAT Proposals submitted in response to this invitation must include the following information: A. Credentials 1. Identity of proposer, including the development team's organizational structure and names and addresses of principals. 2. Proposer's experience in development, operation and management of specific types of uses proposed, referencing specific projects and proposer's role. 3. Complete and substantiated evidence of proposer's financial capacity to undertake the project proposed. 4. Composition of development team (the proposer, its profes- sional consultants, and operational manager(s)). 5. Development team's professional qualifications and experience in design, construction and operation of types of uses proposed. The development team assembled in response to this invitation shall, at minimum, demonstrate professional expertise in the following disciplines (currently active licenses required): 1. Architectural: shall be registered to practice architecture in the State of Florida as required by FS Chapter 481, Part I. Architecture; 2. Landscape Architectural: landscape architecture in the FS Chapter 481, Part II. Land: 3. Engineering: shall be rec in the State of Florida as re( Professional Engineers; 4. General Contracting or Coi licensed as a general contraci Dade County and possess a Ceri 5. Operations: shall be expel proposed; 6. Management: shall be expel proposed.; 7. Leasing: shall be experii leasing. 13 1 a. project proposal 1. Development plan: Description of all aspects.of the plan Architectural character and features of the Number of buildings and use, square footage, Methods of construction Number of temporary boat moorings development height On -site loading and service parking requirements proposed off -site parking, if any Adjacent site improvements. 2. Illustrative Drawings (Shall be prepared by a registered architect licensed to practice in Florida and shall be board -mounted not to exceed 30"x40"): Illustrative site plan Elevations, sections and floor plans of all proposed new structures While perspective isometric illustrations are not required, submissions will be accepted for review. No model will be accepted for review. 3. Schedule and Type of Project Amenities 4. A Feasible and Substantiated Financial Strategy 5. A Proposed Lease Term complimenting the financing strategy and/or depreciation schedule c 6. A Minimum Annual Guaranteed Rental Payment to the City plus the projected dollar amounts for payment to the City based on a Specified Percentage of Gross Revenues Collected, in accordance with Section IV.D., throughout the proposed Lease Term 7. Project Development and Operating Pro Formas of anti- cipated project income and expenses projected for length of lease term proposed 8. Project Implementation Schedule including all steps of planning and design, construction and operation 9. Project Management Plan C. Additional Requirements 1. Completed Declaration, Financial Disclosure and 'r Professional Information forms as detailed and included herein as Exhibit II. '{ 2. A response to all applicable aspects of the contract sTerms and Conditions as detailed in Section VII, of t of this document. z 14 E 3. Y_ *ey ti¢ V1. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Appendix H. 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 12, 1989 and continued to December 14, 1989, the City Commission authorized the City Manager 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. 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 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. A. Review Committee Evaluation Criteria The following specific evaluation criteria inatrix shall be used by the review committee: 1. Experience of the proposer ........................15% 2. Capability of the development team................15% 3. Financial capability, level of financial commitment'........................................20$ 4. Financial return to the City......................20% 5. Overall project design ............................20$ r" 6. Extent of minority participation ..................10$ 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 (15%) (a) Qualifications and capability of the proposerk: in 'development of the types of uses proposed n (b) Specific experience'of the proposer in development � and management of the types of uses proposed, 16 33 z s< �s f t ; i comparable in magnitude and scope 2. Capability of the Development Team (15%) (a) Composition of the development team (b) Professional qualifications of team members+ project managers, and consultants (c) Specific capability and range of experience in scope, complexity and adequacy of personnel to successfully undertake and complete this project for the types of uses proposed (d) Good past performance in project administration and in cooperation with former clients (e) Ability to meet time schedules and budget (f) Quality, organization and experience of opera- tional management team (g) Method of providing restaurant operation including type and quality of food preparation service, hours of operation, advertising and promotion plans (c) Any additional financial benefit to the City 5. Overall Project Design (20%) (a) Fulfillment of the City's established development objective (b) Appropriateness and quality of the design as related to its setting on Biscayne Bay (c) Appropriateness and quality of the design as related to the scale, massing, materials, and finishes of the types of uses proposed (d) Efficiency of site design and organization, mix and compatibility of types of uses proposed (e) Imaginative and creative treatment of architec- tural and site design of public access to and design of the water's edge, public spaces, exterior spaces, circulation, view corridors, landscaping, graphics,. signage, and lighting 6. Extent of Minority Participation (10%) (a) Minority equity participation (b) Minority participation within the development and management team a; (c) Contracting and hiring practices (d) Opportunities for minorities, hiring outreach and. training opportunities in relation to management, operation and maintenance of facilitiesr B. CPA Firm Evaluation Criteria The c ,rtified public accounting firm selected by the City �r Commi.;ion 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. �s �f u 18 �k!' �x Bet r _.: 7 I S CeJxt �fS`u• �5-G����.-r�,�#5.:tE���`��f�i4,��+�xSr�'� 4b#4i•5�; 'rf �...._._.—� n: 45. :.5.._. -_ _ _ _ - _ x --r �e"Stis.�?i3`�`L�4___._.. Vtle TERMS AND CONbtTtONS TO BE CONSIDERED tN 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, terms and conditions: 1. Lease Term but not be limited to, the following A proposed lease term to compliment the financing strategy and/or the depreciation schedule. 2. Rent Annual minimum guaranteed rental payment and a percentage of gross.revenues for duration of lease term. Payment schedules Right to audit 1 No counterclaim or abatement of minimum rental 3. Conditions for Lease City of Miami Charter Section 29-B (included in Appendix B) £' The City Commission is prohibited from favorably' consideringlease of any property owned by the City unless there is a return to the City of fair market valueunder such proposed lease. k 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 2 (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 majority of the votes cast by the electorate at a referendum, the lease may be consummated. 19 t ;x is a r V 5 A. t 7_iq dt y $'3'7s�' y} "ri �����j ��{ � t•ei t '3'n. i �kfr S 1 ,n, e ar�1}Lam°H_neM.T3).�a".»^al�.ua.�5=_. :., i ' �u �a ZI a. 3 rSc.s „a- ...ti..;s; 4. Insurance Policies of Insurance Certificates of Insurance Types of Insurance (City Insurance Manager to specify the types and amounts of insurance required and retains right of approval of all insurance required) 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 prosecution of the work provided for 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 bond shall be subject to the approval of the City Insurance Manager 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, its } employees and officials from and against any and all 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 incurred 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 and virtue of action taken by the City r Commission. 8. Restrictions on Use Authorized principal uses Authorized accessory uses 20 - x t 7t Y 9. Design, Dngineering 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 Huilding Permit Contract(a) 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 for lease "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. Property and Other Taxes: The successful proposer shall nay 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 Lin .. _ r .•, i. s ,... .... c+., S ....... .. _ .,L - - -- -- - ^ -- - -- - - - - -- - -- ' 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 Statute, 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 Lams 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, (Appendix C) and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 25. Miscellaneous As applicable 23 qC) VIA' 1z3 S rP�'l:�rggmA Vt I t e PROPOSAL SUBMISSION PROCHDU"S Proposal submissions must be marked: Unified Development Proposal for the Virginia Key Basin Property, Miami, Florida Proposals submissions must be received at: Office of the City Clerk City Hall City of Miami 3500 Pan American Drive Miami, Florida 33133 One (1) original and twelve (12) copies of a complete proposal submission in an 8-1/2"x1l" bound format and one set of board - mounted illustrative drawings are required to be submitted by: 2:00 p.m., Friday, September 21, 1990 to the office of the City Clerk . • i+r"A ' � ter. Merise aladisa - as irroplaaable room facility. MARINE RECREATION The unique dimensions of Virginia Key that distinguish it from other public lands and recreation space in the region are its extraordinary natural environment, its bay setting and unparalleled access by water for marine recreation programs. The following land use policies reflect the goal of optimizing the island's marine recreational opportunities: 1) MARINE STADIUM AND BASIN The future of powerboat racing in Miami is uncertain, but has enjoyed some renewed interest with the recent surge in recreational motorboat sales. Giveit this uncertainty, there has been consideration of transforming all or a part of the basin into a marina and mooring basin for sailboats. Projected demand for boat slips (1986 Biscayne Bay Aquatic Preserve Management Plan) shows need for an additional 1000 wet and dry slips (beyond those now planned) by the year 2000. South Biscayne Bay is a desired location for new slips making Virginia Key an attractive location. It is, however, recommended that the basin be kept open (not converted to a marina or mooring basin) and available for marine competitive boating events and water shows., The recent three year decline in sailboat sales and contrasting rise in South Florida power boat ownership raises further questions as to the viability or need for major new sailboat mooring areas. Additional concerns about A Conversion of the basin to A marina involve water quality and the present inability of tides and currents to adequately flush the Stadium racing basin, an important factor in marina design. Hurricane hazards further reduce the attractiveness of the key for expanded wet or dry boat Storage. Alternatives exist in Biscayne Bay, most notably Watson island, the Miami River, and Dinner Key, for new and expanded wet and dry slip storage, but no such alternative existsfor marine racing events and water shows. To maintain the economic viability of the stadium, the stage (barge) should be expanded and permanently moored in front of stadium (to reduce major costs in moving it). Programmed improvements to the stadium seating area And support facilities must be expedited. If market analysis supports " 'it, expanded bleacher seating should be provided at the sides of the stadium (on land or floating wings) to attract events in the +10,000 seat range that are now lost to other facilities in the area. Parking) a critical need for major events, should be expanded through joint -use agreements with the Seaquarium and Planet Ocean, which would yield` a potential 3000 total- spaces. To better complement with amphitheaters to be built at Metrozoo and Bayfront Park, and in recognition of the proposed facility next door at the Seaq'uariva, it is recommended that a private management/promotion service be contracted to operate the stadium. Stadium management should join with the =Seaquarium to better .schedule ' events and gain advantage of natural - ••'. "'' promotion opportunities to package .. r.... Stadium events and visits - to the Seaquarium and Planet Ocean. This .., =;'^-"'*"I ., would further, reinforce the proposal W! for shared parking between the three ► i r-..•-� 'an c' facilities. A logical extension of '� .the joint promotion/shared parking s''r. �, '. arrangement would be the physical ' linkage of the three facilities (4000 feet from Marine Stadium to the ar. Seaquarium) with an overhead tramway or people mover (see Proposed Land Use graphic) . Major event parking T--70,000 attendance at races) or A tramway Wanee of Marine sumo-. Planet ocean same -day events on the island will and the Seaquarium is needed. require remote spillover parking that could be accomodated on the former dump site (see preceding discussion` of Uncontrolled Land Fill Site.) To enhance spectator viewing for major racing events, it is recommended": that shoreline.: viewing g4." areas southeast of the stadium and dlopg `the. -opposite northern shoreline;` b4" , improved through increased landscaping, removal of exotic plants t8raz11ian. Pepper, Casuarina) and regular `"maintainance and trash :removal. .The 'access` road that now ` ,,foliewa ;he -perimater, of ;the basin e from the`stadium`.to ,he'northwestarly -rel'ooatad pasin tersinua 'soouI4 be to `plant connect with the "treatment r.- access road" (see Land Use Plan graphic), and rebuilt7 north of that The northern shore of the basis is seeded fm_ speets ot' A-1 ke' poiht,lWhis would remove the roads shoreline conflict with the Rowing Club and Planet Ocean, and allow for buses and trams to bring spectators to the basin's opposite shore for major events. 2) COMMERCIAL MARINE SERVICES Marine Stadium area provides for a variety of commercial services that enhance the pubiie's access to and use of the waterfront. The accompanying graphic, Marine Stadium Development Concept* provides achemat c recommen &Lions for the future use and organization of this vital area. These includes A) Reorganization of the boat storage area tot a) condense this area by converting the surface storage of boats (Marine Stadium Enterprises) to more efficient rack storage. b) utilize the easterly portion of area now in surface boat storage (adjacent to stadium entrance drive) for parking to serve Marine Stadium and relocated food service (see below). c) relocate present restaurant from the center of the parking lot to the indented shoreline west of Marine Stadium (leasehold expan- sion). Add floating docks (that could be moved tot racing events) for the relocated restaurant. Added parking adjacent to the stadium will serve the restaurant. d) move boat ramp to westerly edge of indented area. e) provide direct vehicular access from the stadium entrance area to the relocated boat ramp and Rusty Pelican/Horatio& restaurants. f) move the Horatio-3/Rusty Pelican entrance drive easterly twenty five feet to allow for landscaping and reduced pedestrian conflicts in front of Horatio's. A note etneieat araeaieedea of the Mille wrvlee area Is seeded. 127-C CiiARTER AND RELATED LAWS Sec. 27-E. Anseesor to have rower of county assessor; general assessment roll, Nnte--The user's attention is directed to the editor's note to { 27-8 of this charter. Sec. 27-P. Signing and endorsing general as. setssment roll; return and presump- tlon of validity. Nate --The wei'a attention is directed to the editor's note to 127-i1 of this charter. Sec. 27-0. Copy of nmesRnient roll nettle -sell to warrant commanding collection. Note —The user's attention is directed to the editor's note to 127-8 of this charter. Sec. 27-11. Stale law as to taxes applies. Note —Thin section has been substantially changed, by In. ferencr, inasmuch an mmr. xment and collection or taxes in now the exclusive reaponeihilily or Do& County. The uxer' s attention is directed to the editor's note to 1 27.0 of this charter. (Sec. 27.1. iteserved.) Sec. 27-J. Discounts if taxes paid before cer- tairi Lime. Note —The discount rates formerly set eat in this sect inn no longer apply; for present rates, see Flit. Stale., 1 193.41. The osrr'n attention is also directed to the editor's note to 127-D of this charter. Sec. 27-K. When taxes become delinquent; in. terest rates on delinquent taxes. Note —The uxer'n attention in directed to the editor's note to 127-D of this charter. See. 27-L. Tax certificates; interest rate there- on. Note --The user's attention Is directed to the editor's note to 127-D or this charter. Sec. 28. Chief procurement officer. -(a) The city manager shall appoint a chief pro• cerement officer who shall supervise all purchnses for the city in the manner provided by ordinance and who shall, under such procurement methods as may be prescribed by ordinance, supervise sales Supp. No. 29 $-1 1lubpt. A of all real and personal property of the city not needed for public use or that may have heenme unsuitable for use. The chief procurement officer shall have charge of such storerooms and ware. houses of the city ne the commission may by ordi. nance provide. Ilefore any purchase or sale, the chief procurement oMcer shall require that all prescribed procurement procedures be followed. Supplies shall not be furnished to any department unless there be to the credit of such department an nvaiinhle appropriation balance in excess of all unpaid obligntion nufficient to pay for such supplies. (b) No contract far furnishing supplies or ser- vices for the city, except as otherwise provided in this charter, shall be made for a period of more than one year. (c) The chief procurement officer shall see to it that all persons seeking to do business with the city not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, sex, national origin, handi- cap, or mnrital status; and that they take affir- mative action to ensure that applicants are em- ployed and that employeen are treated during em- ployment without regard to their age, race, creed, color, religion, sex, national origin, handicap, or marital status. (d) The chief procurement officer shall he re- sponsible for developing such minority procure- ment program as may be prescribed by ordinance and permitted by law. Sec. 20-A. Contractp for personal property, public works or improvements, uni- fied development projects, and real property; safeguards. (a) Personal properly. Any personal property, including but not limited to supplies, equipment, materials, and printed matter, may be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for more than four thousand five hundred dollars ($4,600.00) ahall be awarded by the commission to the lowest responsible bidder, after public notice and using much competitive senled bidding methods as may be prescribed by ordinance; provided, however, 4 11 gubpt. A CHARTER • 129-A that if the amount of a bid or proposal submitted by a vendor whose primary office 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 after 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 thereof, to the State of Flori- da, or to any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either by 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 thereof,, 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 ($10,- 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 located in the City of Miami is not more than ten (10) percent in excess of the lowest other respon- Supp. No. 29 B-2 sible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shalt 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 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. 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 public work or im- provement, such 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 ah interest in real property is owned or is to be ac- quired by the city, is to be used for the develop- ment of improvements, and as to which the com- mission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of 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) planning and drAign, construction, and mnn- agement; or 9 1- 276 y? Subpt. A CHARTER 199•A that if the amount of a bid or proposal submitted by a vendor whose primary office 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 method's 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 after 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 ($4,600.00) 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 thereof, to the State of Flori- da, or to any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either by 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 thereof,, 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 ($10,- 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 located in the City of Miami is not more than ten (10) percent in excess of the lowest other respon- $upp. No. 29 B-2 sible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shall have the power to reject ail 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 seated bidding meth- ods 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. 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 public work or im- provement, such 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 ah interest in real property is owned or is to be ac. quired by the city, is to be used for the develop. ment of improvements, and as to which Lite com- mission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of 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 (0) planning and design, construction, and man. agement; or �12 129•A CItAR`rER AND RELATED D LAWS Eubpt. A (4) planning and design, construction, leasing, and management. so long as the person from whom Lite city pro- cures one or the above -mentioned integrated pack- ages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses the 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 the city desires to develop pursuant to Elie unified develop- ment project; (2) the specific evnitintion criteria to be used by the below -mentioned certified public account- Ing firm; (3) the specific evaluation criteria to be used by the below -mentioned review committee; (4) the extent of Lite city's proposed commitment of funds, property, and services; (6) the definitions of the terms "substantial in- crease" and "material alteration" that will apply to the project pursuant to subsection (eX4) hereof; and (6) a reservation of the right to reject all propos- als and of the right of termination referred to in subsection (04), below. After public notice there shall he a public hear. Ing at which the commission shall consider: (1) the contents of the request for proposals for the subject unified development 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) the recommendations of the city manager for Elie appointment of persons to serve on Lite review committee. Said review committee shall $upp. No. 29 consist of an appropriate number of city offi- cials or employees and an equal number plus one of members of the public, whose names shall be submitted by Cite 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 for propoWs, select a certified public accounting firm, and appoint the members of the review com• mittee only from among the persons recommended by the city manager. The procedure for the selection of an integrated package proposals shall be as follows: (I) all proposals shall be annlyzed by a certified public accounting firm appointed by the com- mission hnsed only on the evaluation criteria .applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounthig firm shnll render a written report of Its findings to the city manager. (2) the review committee shall evahinte each pro• posal based only on the evaluation criteria applicable to said review committee contained in Elie request for proposals. Snid review com- mittee shall render a written report to the city manager of its evaluation of ench pro• posal, including any minority opinions. (3) taking into consideration Cite findings of Cite aforementioned certified public accounting firm and Cite evnitiations of the aforementioned review committee, the city mnnnger shall rec. oinmend one or more of Elie proposals for ne. ceptnnce by the commission, or alternatively, the city manager may recommend that nil proposals he rejected. If there are three or more proliosnls and Lite city manager recom. mends only one, or if Elie city manager rec- ommends rejection of nil proposala, the city manager shall state in writing the reasons for such recommendation. In transmitting his recommendation or rec- ommendations to Elie commission, Elie city manager shnil include the written reports, including nny minority opinions, rendered to B— 3 �� Mot. A CHARTER i s9•A 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 all propos. als, the commission shall seek recommendations directly from the aforementioned review commit- tee, which shall make a recommendation or rec- ommendations to the commission taking into ac. count the report of the aforementioned certified public accounting firm and Lite evaluation criteria specified for Elie review committee in Cite request for proposals. After receiving Elie direct recommendations of the review committee, the commission 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. All contracts for unified development projects shall be signed by the city manager or designee after approval thereof by Lite commission. The city manager or designee shall be responsible for developing a minority procurement program as may 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 other char. ter or code provision to the contrary. (d) Sales and leases of real property, pmhibi- tiom 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 Supp. No. 29 B-4 public to compete for said real property or inter- est. Any such sale, conveyance, or disposition shall 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 off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of direc- tors, as appropriate, may by resolution waive the requirement of stile, conveyance, or disposition to the highest responsible bidder by means of Lite 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 i hat a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds 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 ar. may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority shall have the power to reject all offers. All invitations for bids, requests for propomnis, or other solicitations shall 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) Safeguards. (1) All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. M 94 -- ;W76 120-A CHARTER AND RIMATED LAWS Subpl. A (2) All persons contracting with the city tinder this section shall be obligated to pay which. ever is the greater of the following: (1) all applicable ad valorem taxes that are lawfully assessed against Lite property involved or (ii) an amount to he paid to the city equal to what the ad valorem taxes would be if Lite property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by a potential bidder or con• tractor that contemplates more than the es. timated extent of Lite city's proposed commit- ment of funds, property, or services shall be Ineligible for acceptance by the city commission. (4) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alteration of any contract awarded tinder subsection (c) of this section shall enti- tle the city commission to terminate Lite con. tract after a public hearing. Prior to such public hearing, Lite commission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11.6.79; Ord. No. 9507, 1 1, 10-28.82; Char. Amend. No. 1,11-2.82; Char. Amend. No. 1, 114.86; Char. Amend. No. 3,' 11-3-87) Editor's note —Ord. No. 9489, adopted by the commission on Sept. 17. 1982, set forth Charter Amendment No. 1 for approval/rejection at election on Nov. 2, 1982. On Oct. 28, 1982. Ord. No. 9607 amended the language of subsections (a) and (c) of 163 as proposed by Ord. No. 9489. The election was to approve the language of Charter Amendment No.1, as anu nwled by Ord. No. 9507. Subsequently. in light of Charter Amend. 1 ment No. 2 of Nov. 3, 1987. the city attorney directed the codiller to delete paragraph (11) of subsection (d) as superseded by 129•0. Annotations —For case decided prior to enactment by Char. ter Amendment No. 3 of 1979 of a competitive•hidding re• quirement for dispnsitlon of city property, see Mahoney v. Givens, 64 Fin. 2d 926. Said can held that competitive bidding Is not rMuired to lease city real estato. Material variance between plane hid upon and plans sub• milted and adopted renders contract void. Giatateln v. City of Miami, 399 So. 2d 1006, Supp. No. 29 See, 29.13. City -owned property sale or lease — Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned property implementing city -assisted housing pro• grams or projects which are intended to benefit persons or households with low and/or moderate Income by providing housing for such persons or households, such on, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida hous- ing Act of 1972, as those statutes may be amended or revised from time to time, implementing city. assisted housing programs as may be authorised by federal or state law, implementing prnjecta authorised under the Florida Community Rede. velopment Act of 1969, and implementing pro- jects of any governmental agency or instrumen. tality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by Lite city unless there in a re- turn to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably consider. ing any sale or lease of city -owned property un- less (a) there shall have been, prior to the date of Lite city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or les- sees, said advertisement to be no less than one- fourth (S/i) page and the headline in the adver. tisement to be in a type no smaller than 18-point and, (b) there shall have been at least three (3) written proposals received from prospective pur- chasers or lessees; however, if there are less than 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 Cite city's beat interest then, subject to the approval of a majority of Lite votes cast by the electorate at a referendum, Lite sale or lease may be consummat- ed. As it farther exception to the above require- ments and any other requirement for competitive B-s '50 91 - 276 Buhpt. A CHARTER 130 bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements where the intended use of such property or interest therein is in further. ance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or 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, 11.3.87) See. 29-C. Same —Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy -or use of the area known as Watson Island unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, revo. cable permit or license agreement, an advertise• ment soliciting proposals for said sale, lease, man- agement agreement, revocable permit, or license agreement published in a daily newspaper of gen. eral paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of pro. posals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be In a type no smaller than 18-point; and, (2) the pro. posed transaction be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charter section 29A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall effect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire curredtly 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 B-6 use or occupancy of the area, nor shall it apply to contracts for titre construction of any City facilities or Improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. (Char. Amend. No, i,11.8-1I7) Sea. 30. Locnt improvements. (a) Deristilinmv divisions into classes. In this section the following words and phrases shall have the following meanings, unless some other meen• ing is plainly intended: The main divisions of this section are some. times herein termed paragraphs, and the divisions of paragraphs are sometimes herein termed subparagraphs. A local improvement is an improvement defined by this section and made under the provisions thereof. The word commission shall he deemed to refer to the city commission of the City of Miami. A highway is a public way such as a street, boulevard, avenue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway, A storm sewer is a conduit above or below ground for the passage of storm water, including a pump- ing station 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 sewer is an underground .conduit for Lite passage of sewage and mny include a pump• ing station and outlet where necessary. 5 1 0.92.7 MIAMI CODE rights. In the event of such cancellation or rejec- tion, the chief procurement officer shall promptly notify all affected bidders or offerors and make available to them a copy of the written explana• tion for such cancellation or rejection, which shall be a public record. (Ord. No. 9672, 6 1, 2.10.83) See. 18-52.8. Sole -source contracts. (a) Conditions for use. Since it is not practica. ble for the city to use competitive bidding meth. 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 supply; (2) Where the goods or services available from a single source are needed for trial use or test- ing; and (3) Where the unique 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 sole - source basis shall be.made by the chief procure- ment officer 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 offered to other customers or clients by the proposed contractor. The city manager may waive competitive bidding after he makes a writ. ten finding, supported by reasons, that only one (1) reasonable source of supply exists. Such find• ing must be ratified by an affirmative two-thirds M vote of the city commission after a properly advertised public hearing. (e) 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 gen. eral circulation in the city prior to contract award, Supp. Na 10 1 18.67.9 but in any event at least fifteen (15) calendar days shall intervene between the last date of pub• lication 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 ac- quired, the name of the proposed contractor, and the name and telephone number of a cognizant city official who may be contacted by other poten. tial sources who feel they might he able to satisfy the city's requirements. A record of such notices and responses thereto shall be maintained in the contract file along with the written determina- tion required above, and a compilation of ail 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 the goods or services procured; (3) The reasons no other source could sntisfy city requirements; (4) The amount and type of contract; and (5) The identification number for each contract file. (Ord. No. 9572, ii 1, 2-1Q-83) Sec. 18.52.9. Unified development projects. (a) DeTnitions. For the purposes of this article IV, the following terms shall have the following meanings: United deuelopment project 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 1 16.62.9 FINANCE 1 18.62.g (4) Planning and design, construction, leasing and management. (b) Conditions for use. A unified development project shall be used In those circumstances in which the city commission by resolution deter- mines that for the development of improvements it is most advantageous to the city that the city procure an integrated entity as defined In section 18.52.9(a). So long as the person from which the city procures one (1) of the above -mentioned inte- grated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified devel- opment project nor for the same part of the uni- fied development project. (c) Requests for proposals. A request for pro- posals shall be issued which generally defines the nature of the project, the uses the city is seeking for the project, and the estimated allocations of land for each use. The request for proposals shall also include the following: (1) Instructions and information to offerors con- cerning the proposal submission require- ments, including the time and date set for receipt of proposals, the address of the of - rice to which proposals are to be delivered, the maximum time for proposal acceptance by the city, and any other special information; (2) The specific parcel of land contemplated to be used or -the geographic area the city desires to develop; (3) The specific criteria which shall be used to evaluate competing proposals by the below - mentioned certified public accounting firm; (4) The specific evaluation criteria which shall be used to evaluate competing proposals by the below -mentioned review committee; (6 A statement that written and oral discus- sions may be conducted with offerors who submit proposals determined to be reason- ably susceptible of being selected for award, but that proposals may be accepted as sub- mitted without such discussions; (6) A statement of when and how financial considerations and return to the city should be submitted; Supp. No. 10 B-8 (7) The contract term and conditions, includ- ing warranty and bonding or other secu. rity requirements as may be fixed and applicable; (8) The extent of the city's proposed commit- ment of funds, property, and services; (9) The definition of the terms "substantial increase" and "material alteration" that will apply to the project in accordance with section MOM of the Charter of the city; (10) A reservation of the right to reject all pro- posnls and of the right of termination re- ferred to in section 53(eXiv) of the Charter of the city; (11) The date, time and place at which any preproposal conferences may be held and whether attendance at such conferences is a condition for offering proposals; and (12) The place where any documents incorpo- rated by reference may be obtained. Before issuing a request for proposals, there shall be a public hearing, after public notice, at which the commission shall consider: (1) The contents of the request for proposals for the subject unified development project; (2) The selection of a certified public accounting firm, which shall include at least one (1) mem- ber with previous experience in the type of development in question; and (3) The recommendations of the city manager for the appointment of persons to serve on the review committee. Said review commit- tee shall consist of an appropriate number of city officials or employees and an equal num- ber plus one (1) of members of the public, whose names shall be submitted by the city manager no fewer than five (5) days prior to the above -mentioned public hearing. At the conclusion of the public hearing, the com- mission shall authorize the issuance of a request for proposals, select a certified public accounting firm, and appoint the members of the review com- mittee only from among the persons recommended by the city manager. 91- 27 Y ! 18.62.f1 MIAMI COD 1 18.62.0 (d) Developer lists. Developer lists may he corn• piled to provide the city with the names of devel. opers who may be interested in competing for various types of city projects. Unless otherwise provided, inclusion or exclusion of the name of a developer does not indicate whether that devel. oper is responsible with respect to a particular procurement or otherwise capable of successfully performing a particular city project. (e) Public notice- Notice inviting proposals shall be published at least once in a newspaper of gen- eral circulation in the city to provide a reason- able time for proposal preparation considering the content and complexity of the anticipated scope of work. In any event, at least fifteen (15) days shall intervene between the last date of publication and the final date for submitting proposals. Stich notices shall state the general description of the scope of work, the place where a copy of the re- quest for proposals may be obtained, and the time and place for receipt of proposals. The city man- ager may, -in addition, solicit proposals from all responsible prospective developers listed on a cur- rent developers list by sending them copies of the public notice to acquaint them with the proposed procurement. (I) Preproposal conferences. Preproposal confer- ences may be conducted to explain the require- ments of the proposed procurement. They shall be announced to all prospective developers known to have received a request for proposals. The confer. ence should be held long enough after the request for proposals has been issued to allow developers to become familiar with it but sufficiently before proposal submission to allow consideration of the conference results in preparing proposals. Noth. ing stated at the preproposal conference shall change the request for proposals unless a change is made by written amendment. A summary of the con- ference shall be supplied to all those prospective developers known to have received a request for proposals. If a transcript is made, it shall be a public record. (g) Receipt of proposals Proposals shall be opened publicly in the presence of two (2) or more city officials. After the closing date for receipt of pro- posals, a register of proposals shall be prepared by the city manager which shall include, but not $upp. No.10 be limited to, the name of each offeror and n summary description sufficient to identify the proj. ect. The register of proposals shall be open to public inspection. (h) Minority participation. The city's minority procurement program shall be referred to in the requests for proposals and shall apply to the award. ing of contracts for unified development projects. (I) Evaluation of proposals. The procedure for the selection of an integrated package proposal shall be as follows: (1) Ali proposals shall be analyzed by a certified public accounting firm appointed by the com- mission based only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city manager. (2) The review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review com- mittee shall render a written report to the city manager of its evaluation of each propo- sal, including any minority opinions. (3) Taking into consideration the findings of the aforementioned certified public accounting firm, the evaluations of the aforementioned review committee, and the degree of minority partic- ipation in city contracts, the city manager shall recommend one (1) or more of the pro- posals for acceptance by the commission, or alternatively, the city manager may recom- mend that all proposals be rejected. If there are three (3) or more proposals and the city manager recommends only one (1), or if he recommends rejection of all proposals, the city manager shall state in writing the reasons for his recommendation. In transmitting his recommendation or recommendations to the commission, the city manager shall include the *ritten reports, including any minority opinions, rendered to him by the aforemen tioned certified accounting firm and review committee. B-9 sy �I • le-117.0 FINANCE fig -do Q) Award All contracts for unified development based on various performance factors and ea• projects shall be awarded to the person whose calation clauses or other economic adjustments proposal is most advantageous to the city, as do- may be included as appropriate to serve the termined by the commission. best interests of the city In achieving the The commission may accept any recommenda- most economical contract performance, Lion of the city manager by an affirmative vote of a (2). Coat -reimbursement contracts. Coat-reim- majority of its members. In the event the com- bursement contracts shall ordinarily be used mission does not accept a proposal recommended for those purchases of 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 factors of the contract directly from the aforementioned review commit- cannot be specified with a high degree of cer. tee, which shall make a recommendation or rec- tainty or the use of fixed -price contracts is otnmendations to the commission taking into ac- not likely to result in substantial competi. count the report of the aforementioned certified tion between bidders or offerors willing to public accounting firm and the evaluation criteria compote for the contract. Incentives based on specified for the review committee in the request various performance factors and escalation for proposals. clauses or other economic adjustments may After receiving the direct recommendations of be included as appropriate to serve the beat the review committee, the commission shall, by interests of the city in achieving the most economical contract performance. an affirmative vote of a majority of its members: (1) Accept any recommendation of the review com- (3) Blanket orders. The chief procurement officer mittee; or or individual purchasing agents may issue purchase orders for indeterminate amounts (2) Accept any previous recommendation of the of repair parts, supplies and services to the city manager; or account of any department or office, but only (3) Reject all proposals. when based upon a definite contract or price All contracts for unified development projects agreement which shall be negotiated in the same manner as if the item to be purchased shall be signed by the city manager or his desig- thereunder were to be individually purchased nee after approval thereof as to form and correct- or contracted for under the provisions of arti- new by the city attorney and approval by the city Iles IV and V of this Code. Such orders shall commission. (Ord. No. 8572, 11, 2-10-83) state a specific monetary limit which may City code cross referenceMinority participation in uni• tied development contracts, 18.73. not be exceeded except on written approval by the chief procurement officer. Sec. 18-53. Types of contracts. (4) Multiyear contracts. (a) Subject to the limitations of this section, (i) Unless otherwise provided by law, a con. any type of contract which will promote the best tract for supplies or services, sales, or interests of the city may be used, except that the leases may be entered into for any period use of a cost-plus contract is prohibited. of time deemed to be in the best interests (1) Fired price contracts Fixed -price contracts shall of the city, provided that the term of the ordinarily be used for those purchases of goods contract and conditions for renewal or and services or sales and leases where the extension, if any, are included in the In - terms, conditions, specifications and other fac- vitation for bids or request for proposals, tors of the contract can he specified with a and provided that funds are available for high degree of certainty and where use of a the first fiscal period at the time of con - fixed -price contract will result in substantial tract award. Payment and performance competition between bidders or offerors will- obligations for succeeding fiscal periods ing to compete for the contract. Incentives shall be subject to the availability and _ Supp. No.10 B-10 91- 515 f t DECLARATION, PROFESSIONAL INFORMA`fION, AND FINANCIAL DISCLOSURE FORMS A proposal for the Unified Development that includes planning and design, construction, leasing, and management of the property shall not be considered unless all the information requested in the attached forms is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracy or misstatement shall be cause for rejection of a proposal. Statements and answers relating to each question on the attached forms may be answered on the page on which the question is found or by -attaching 8-1/2"x11" supplemental sheets. Photographs or other illustrative materials should be placed in an envelope or bound into the proposal and identified by the proposer"s name and address and the name of the form to which the supplemental material is applicable. Board -mounted illustrative drawings, not to exceed 3011 x 40,11 shall be identified by the proposer's name and address. By submission of a proposal, the proposer acknowledges and agrees that the City of Miami has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained within the proposal submission and authorizes the release to the City of any and all information sought in such inquiry or investigation. If an independent architectural/engineering firm providing professional consulting services, general contractor or construction manager, and/or operational manager is to be involved, then the applicable forms must be completed for each such entity. J DECLAEATION Cesar H. Odio City Manager City of Miami, Florida Submitted , '1990 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, Florida, for the performance of all requirements to which this proposal pertains. The proposer states that this proposal is based upon the proposal documents and addenda, if any. Name of Firm, Individual, or Corporation Signature Signature (Title) Title 'II-1 a i t -��� �E a s5 � � iii { 4 � •�:LL�.rrpy -'�' � a xt. � .� ; t �. # 7 � " L ; � s.,�l IR ORGANIZATIONAL STRUCTURE PROPOSER Name: Address for purposes of notice or other communication relating to the proposal: { i- PAR" Eg:3HJP STATEN ENT t i i _ Ir proposer is a partnership, answer the following: 16 bate of organization 2. General Partnership ( ) Limited Partnership ( ) Statement of Partnership recorded Yes ( ) No ( ) Date Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? -- -- _ Where? 5. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation complete the following page for corporation.) General/ Limited - Name Address Share i k; -6. -. Attach as complete copy of the Partnership Agreement. t �. II-4 F G t*' n � k 0- Pt a�.y*��31',�, �•ti.�a�.i5�".'�*�a����� 3''i*`,�, `,"-�,3k r .3� i � _ m, � _ .. } . .... .. .. _ ...:� .s r1.•x S�L�' • _ 1 PROP R"S_` NANCIAL DATA Proposer, owner -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer shall attach complete. financial statement prepared in accordance with standard accounting principles, reflecting current financial condition. The financial report shall include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Indicate which entities or persons shall be responsible for financing this project and demonstrate their track record for obtaining financing of projects of similar magnitude and scope6 s ti i i 1 i 3 l =1 `i II-6 PROPOSER'S _ EXPERIENCE Describe in detail the duration and extent of your business experience with restaurant facilities, marine -related facilities and other commercial development. Also, state in detail the names and pertinent experience of the persons who will be directly involved in development of this project and operational management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you In addition, please include 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 inquiries from the City. You should also identify your specific role in each project. 63 II-7 76 ,t yr �� t Surety_informati_on Has any surety or your default? If yes, attach a amount of bond, performance. bonding company ever been required to 'perform upon i Yes ) No ( ) statement and the Bankruptcy Information naming the surety or bonding company, date, circumstances surrounding said default and Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, amount of assets. PendingLitigation Provide attached sheets litigation, liens, or proposal. court jurisdiction, amount of liabilities, and detailing information regarding pending Maims involving any participant in the List three banks or mortgage companies with whom you have conducted buginOSS transactions during the past three years. At -least two or the references named are to have knowledge of your debt payment 'history. Reference No.. 1 Name - Firm: Title: Address: Telephone: Description of business transactions. If loan, give date, amount, J type, repayment history and other comments. Reference No. 2 Name: Firm: Title: 'Address: 1elephone: "De'scription:, of business transactions. If loan, give date, amount, �..type, repayment history and other comments. 11-9 1"- `Z: 1 gg P MPROJECT-REFERENCES p Ery►REppERENCE List three persons or firms with whom you have Completed projects during the past three years. Reference No. 1 Name: Title Address: Telephone Nature and magnitude of business association: 'S PaOa !ZT--ft EF ERENCES caN?� — New ace No. _ t - Name., Firm: _ Address: Telephone: _ Nature and magnitude or business association: - i 1 f I I--+12 -� _ 4 4 - tti1 "i -�•+ �.-R�kkxY.+.+� � M.',P� ��`�,q,S"� ���' ,3wjx � . i .� If more than one firm is to be involved in providing professional consulting servioes, then a separate form shall be completed for each firm. professional consultants shall be licensed to practice in the State of Florida. Names, address and telephone number of professional consulting firm: Name Street Address Mailing Address City, State, Zip Code Telephone Number Professional discipline (i.e. architecture, landscape architecture, engineering, etc.) and State of Florida professional registration a i r i E"SR.IENCE 0FPRoegsER'S_PROFESSIONAL CONSULTANTS Nam: If more then one firm is to be involved in providing professional consulting services then a separate form shall be completed for each firm. Describe in detail the extent of your experience with special emphasis upon A&g experience related to restaurant and marine - related facilities development of similar magnitude and scope as the proposed Virginia Key Basin Project. c Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to design a quality development for the project. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. _ I' y ■ TT 7!' L„ N�_pgNENCES OF__ ftOPOSER'3 ff ESSiONAL, CONSULTANTS NHOM It more than one firer is to be involved in providing professional consulting services then a separate form shall be aompletdd for each firm. List two persons or firms for whom you have completed projects during the past three years. Reference No.-.J. Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: i z Reference No. 2' Name: Firm: A - Title: :,Address: Telephone: #y. Nature: and magnitude of business association: II-16 b [( F rkre7iwY' i'cyV k 3 t � ;. t Sf ,� i�Y.v4.'�.' 2 dq{�� i,✓ .,'`l�J 2, t'` T Lt �� � c+k.ae, PR0P0$RR'8 GNN8RAL__C007RACT0R OR CONSTRUCTION MANAGER Name, address and telephone number of general contractor or construction manager: - ame Street Address Mailing Address City, State, Zip Code Telephone Number General Contractor License No.: Specify: State x of Florida County € s: ,73 1'.`. 1 x. j T T —17 �K f r: 3 b F i � L b-, h I `ii+,tii �{i;Ts � `".�. �,� L� [ 7�✓yF �"3 L .i �' 4 - 11.: p4�-iY'. 'S GENERAL CO T Describe in detail the duration and extent of your experience with special emphasis upon experience related to restaurant and marine - related commercial facilities developments or similar magnitude and scope as the proposed Virginia Key Basin Project._ Also, state in detail the names and pertinent experience or 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 to construct a quality development for the -Virginia, Key'!Basin Project.. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. X PRIOPOSSR'S GENERAL OONTRACTOR Q.k _ C INSTRUCTION MANAGER _QUEDTIONNAIRE Surety -Information Has ahy 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 surrpunding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. i C= t t II-19 x: K }ie t 9 3? ,r REFS ENCRS OF'_pftOPOSER'S GENERAL. CONTRACTOR ON CONSTNUCTION i MANAGER List two persons or firms with whom you have completed projects during the past three years. j Reference . No Nate: _ Firm. - Title: Address: Telephone: Nature and magnitude of business association: — Reference No. 2 Name: Firm: Title. , Address: r Telephone: Nature and magnitude of business association:: II-20 �z�i'. a °�, sFj i �. i r e .p s f. i• t s (y� 7 ,x: s i� t J •F'{��Lr',yC.,�W��'i.�'��.4'�,�'48t-��"�t�S 4 fA�f`���'fr: :+"F,����� J: r �e��, t"*� +. � r.�- 1 S41L y �P n� NOTE: If more than one firm is to be involved in providing _�_....._ operational management services (i.e. one firm operating/ managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Name: Street Address: Mailing Address: Telephone: ( ) Names of principals and their titles who will be chiefly responsible for operational management -of the proposed project. Name Name Name Title Title Title Names, addresses, and telephone number of other management contractors 'who will have a major role in the operational management of the project. Name of Firm Name of Firm Street Address Mailing Address Zip Code Telephone Number< i; Name of Principal Contact #�3, ,y 1 k' K; 9 1 - 276, EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER NOTE: if more than one firm is to be involved in providing operational management ' services (i.e6 one firm operating/managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Describe in detail the duration and extent of your operational — management experience with particular emphasis upon restaurant experience and/or commercial marine -related facilities. Also, state in detail the names and pertinent. experience of the principals who will be directly involved in operating and managing the restaurant and/or other types of uses proposed. in addition, please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to operate and manage a restaurant and other types of uses proposed at the Virginia Key Basin Project..,"' The name and address should be given for each project identified as well as for persons familiar with similar facilities managed who could respond to inquiries from the City. You should also identify your specific role. 1 II-22 4 1 t t Tin i��i PROF O$ER "S OPERATIONAL MANAGER _ QUESTIONNAIRE i NOTE: If more than one firm is to be involved in providing operational management services U.e, one. firer operating/managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. j Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? • Yes ( ) No ( ) If yes, 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 Yam, - , II— 23 �i� i Ly E "'�TAr� REFERENCES -OF PROpQSER'S OPERATIONAL MANAGER NOTE: if more than one firm is to be involved in providing operational management services (i.e6 one firm operating/managing the proposed restaurant and another firm operating/managing other types of uses proposed)) then a separate form shall be completed for each firm. List two persons or firms with whom you have managed projects. during the past three years. Reference .No. 1 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: �f Reference No. 2 Name: ,J Firm; Y" Title: 4 Address: Telephone: ( ) Nature and magnitude of business association: 11-24 2370 i t fiw� 6 J-81-S68 6/22/87 RESOLUTION No. 8 r `71G)0' A RESOLUTION APPROVING, IN PRINCIPLE. THE VIRGINIA KEY MASTER PLAN (MAY 1987), AS REFLECTED IN THE ATTACHED COPY THEREOF+ FOR VIRGINIA KEY, AN ISLAND IN BISCAYNE BAY ON THE RICKENBACKER CAUSEWAY, WHICH PLAN CONTAINS RECOMMENDATIONS FOR DEVELOPMENT, INCLUDING ENVIRONMENTAL, NATURAL, OPEN SPACE AND PARK AREAS, BEACH IMPROVEMENTS, PARKING FACILITIES, RIGHTS -OF -WAY, BEAUTIFICATION, $PECIAL FEATURES, SPECIAL ACTIVITIES AND EVENTS, AND WATERFRONT IMPROVEMENT= AND WHICH PLAN IS IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (SEPTEMBER 1985). WHEREAS, the Miami Planning Advisory Board, at its meeting Of June 17, 1987, Item No. 2, following an advertised hearing, adopted Resolution No. PAS 41-87, by a 7 to 0 vote, RECOMMENDING APPROVAL of the Virginia Key Master Plan, as hereinafter set forth; and WHEREAS, the City Commission by Motion M-86-122 on February 13, 1986,- Director, Department of Development to prepare Section 2. the City Commission hereby finds and determines that the Plan appropriately considers (a), access and use to serve public recreational and educational needs; (b), views to f >f- And from the water and highway edge; (c), preservation of natural l shorelines; (d), natural forces in shaping unnatural edges; (e), commercial uses suited to the promotion of public access for. use z and enjoyment of the waters; (f), commercial uses which are water dependent or water related# (g), private uses which expand public ' access to recreational programs. PASSED AND ADOPTED this 23rd day of July , 1987. ATTEST: MA TY HIRA AVIER L. SUAREZ, lIAYOR City Clerk PREPARED AND APPROVED BY: MARIA J;" CHIARO Assistant City Attorney - _1 APPR09 AS TO FORM AND CORRECTNESS: �. City Attorneys.. MJC/wpc/pb/M458 fly: r t a B_ 12 Ax Sr 08=i4..gg. RESOLUTION NO. J-69-I`i1 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED LAND IS BY A } UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRATT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR OCTOBER 12TH, 1989 AT 1100 AM TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF RESTAURANT AND MARINE SERVICE USES ON ; CITY -OWNED PROPERTY LOCATED ADJACENT TO 3601 RICKENBACKER CAUSEWAY MORE COMMONLY KNOWN AS "MIAMI MARINE STADIUM"i AND AT { THE CONCLUSION OF THE PUBLIC HEARING AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO f EVALUATE PROPOSALS AND REPORT FINDINGS f TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. i WHEREAS, the City of Miami Charter Section.29-A(c) allows for "Unified Development Projects" where an interest in real property is owned or is to be acquired by the City and is to be used for development of improvements; and WHEREAS, the City Commission determines that for the development of restaurant and marine service uses on the City - owned, property located adjacent to 3601 Rickenbacker Causeway, more commonly known as "Miami Marine Stadium", it is most e advantageous for the City to procure from a private person one or more of the following integrated packages:;. Planning and design, construction and leasing; or 1s; - -Planning and design, leasing and management; or Planning and design, construction and management; or - Planning:and design, construction, leasing and Fr w: management; and; h WHEREAS, Charter Section 29-A(c) requires that the City.; �F t Commission hold a Public Hearing to consider the contents of the 4 Request for Proposals; and 7 t $-1 3 f L, I p. - t 2 1 e� 3 - . PAgBEb AND ADOPTED this _14th day of 5eptembe; 1080, V ER L; 8 . Z j MAYOR J-90-136 b/31/90 RESOLUTION NO. __449 A RESOLUTION, WITH ATTACHMENT, APPROVtNd THE CITY - MANAGER'S RECOMMENDATION MO REJECT THE PROPOSALS SUB14ITTOD APRII.' 27, 1990 IN RESPONSE TO THE VIRGINIA KEY BASIN PROPERTY REQUEST FOR PROPOSALS AND AUTNOR11tNG ISSUANCE OF A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS ttRFP) ON DUNE : 21, 19900 IN SUBSTANTIALLY THE ATTACHED! FORM, FOR THE DEVELOPMENT OF RESTAURANT AND MAltIlls Sump. USES, ON CITY -OWNED PROPERTY10CAT9b ADJACENT TO 3601 RtCKSHBACKER CAUSEWAY, MORN COMMONLY KNOWN AS THE "VIRGINIA KEY '.BASIN PROPERTY"; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A'REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINOB TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. WHEREAS# the City of Miami Char or Section 29-A(c') allows for Unified Development Projects ("UIP") where an interest in real property to owned or is to be abgpired by the City and ie to be used for development of improvements; and WHEREAS, on September 14, 1909,.by Resolution No. 69-771, G ("Revolution") the City Commission ;determined that for the I l dovelopment.of restaurant and marine 6ervice uses, on City -owned 1= property adjacent to 3601 Rickenbacker Causeway, Miami, more commonly known as the "Virginia Key Basin Property", it is moat r 1 .M advantageous for the City to use the UDP process; and WHEREAS, pursuant to the Resolution, the City issued a Request for Proposals ("RFP") on January 26, 1290; and WHEREAS, Section 29-8, City of Miami Charter, requires a referendum unless there shall have been at least three(3) written proposals received from prospective purchasers or lessees r=, In regard to the sale or lease of City -owned property; and WHEREAS, on April 27, 1990, the City received only two written proposals, in response to the RPP) and4 WHERP.AtS, in this RFP, the City retained the right to reject all proposalel and t l WHEREAS, the City Manager accordlnoly rotomminds rej6etian of the prop6sals received thereby neciseitating the issuance et another Arr#* and WH>tREAS, Chartor Section 294(cj require& that the City Commission hold a public hearing to consider the oontente b! the RPP/ and WHEREAS', pursuant to the Resolution a public hearing Mail hold this dgto to consider the contently of said RrP for a UOP on this site; and WHEREAS, Charter Section 29-A(c) further provides that at the conclusion of the public hearing, if the City Commission is disposed to proceed, it.may authorise the issuance of a RFP, the i selection of a certified public accounting firm, and the appointment, of members to a review committee from persons recommended by the City Manager# NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY or mrimi, nonmi Section i. The recital and findings contained in the Preamble to thin Resolution are hereby adopted by reference — thereto and incorporated herein as i� fully set forth In`thie Section. faction 2. The City Manager* recommendation to reject the proposals submitted April 27, 1990 in response to the Virginia Key Basin Property Request' for Proposals is hereby _ approved and they are so rejected. - e K Section 3. The City Manager is hereby authorised to jc issue a Request for Proposals on June 21, 1990, in substantially the attached form, for the development of restaurant and marine j service uses on City -owned property adjacent to 3601.Riakenbacker Causeway, Miami, more commonly known as the wirginia'Key Basin Property" and,more particularly described in the RPP. j Section 4. Development projact will include $yid Unified Davelo profact the following integrated package Planning, and design, `4 construction, leasing and management. e 1 section 5. The certified public accounting firm of sharpton Brunson and Company in e,eso�iation with Aldo tastra, Inc., Is hereby selected to analyse •aid propoeais and rand6t a written report of its findings to the City Manager. section S. The following seven individuals are hereby appointed members of the review committee to evaluate, each proposal and render a written evaluation of its findings to the City Managerp including any minority opinlonee MEMBERS OF THE PtIal'Te Jose Artllano Robert sullo, Rsq. Proeldeht O Oration Manager Hiami Rowing Club Ffrehousa Your Restaurant Charles.Ankrum Disk Briggs Commodoke Director •Power Boat Racing Assoc. Marine Council CITY EMP .AY U Ana 4elabert Adrienne Macbeth Planning Department Office of Minority. women APPENDIX C CITY OF MIAMI MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT ORDINANCE NO. 10538 3-88-1153 1/12/S9 ORDINANCE NO. _ADM AN ORDINANCE AMF.NbING CHAPTER 18, FNTiTLED "FINANCE", OF THE CODE OF Tilt CITY OF MIAMI, FLORIDA, AS AMENDED, BY REDEFINING 'Flit TERM "MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE AND DEFINING THE TERM "VENDOR" IN SECTION 18-68= REQUIRING IN SECTION 18-72 THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT (511) OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCtiREMF.NT rXPENDiT1tRES TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED TO ALL CITY OF MIAMI BIDS AND CONTRACTS; REVISING SECTION 18-73 TO PROVIDE THAT ALL CITY OF MIAMI INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR 8105, PROPOSALS, QUOTES, LETTERS OF INTEREST AND/OR QUALIFICATION STATEMENTS CONTAIN THE APPROVED MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM; REQUIRING THAT ALI, RESULTING AWARD AND/OR CONTRACT DOCUMENTS CONTAIN THE REQUIRED COMPLIANCE FORMS RELATIVE THERETO; REVISING SECTION 18-73(5) 'TO EXPAND UPON THE AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18-76 AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH T11E REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE COMPLIANCE WITH THE CODE; FURTHER, PROVIDING FOR RESOLUTION OF DISPUTES REGARDING WITHHELD PAYMENTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE OF M/WBE AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING AND IMPLEMENTING M/WOE BID AND CONTRACT PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND MONITORING AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WIIEREAS, Ordinance No. 10062 dealing with Minority/Women Business Affairs and Procurement established the annual goal of procuring/contracting fifty-one percent (51%) with minority/women owned and managed business enterprises; and WHEREAS, Administrative Policy Manual 4-86 (APM 4-86), issued October 1, 1986, provides for the administrative Implementation of Ordinance No. 10062; and WHEREAS, it has been determined that there is further need for legislative relief to obtain said goals, particularly as it relates to the City's bid, proposal and contract process and that resulting documents on a bid/contract by bid/contract basis to achieve the annual goals= NOW, TilcktronE, BE IT ORDAINED BY THE COMMISSION OF Tilt CITY or MIAMI, PLOnIDAt Section 1. Section 18-68, to hereby amended in the following particulars.) "Sec. 18-66, Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the following meanings: Minority and women -owned small business enterprise means a business enterprise in which at least fifty-one percent (51%) of said enterprise is owned by Blacks, Hispanics or Women whose management and daily business operations are controlled by one or more Blacks, ' Ilipanics or Women An mploy a MA&iMUm of twenty- five (25) employees or have a net worth not in excess of two million dollarA." s i Vendor means any business entity providing goods, services or equipment to the City of Miami through a purchase, field or blanket order or contract." Section 2. Section 18-72(a)-, is hereby amended by adding the following language: "(a) The objective of the City is to achieve a goal of awarding a minimum of fifty-one percent (511) of , the total annual dollar volume of all procurement' Allures to Black His anic and Women -owned expen P �4: small business enterprises to be apportioned as follower i Seventeen percent (171) to Blacks, seventeen # percent (17%) to Hispanics and seventeen: percent (17%) to women; such goal shall bids be applied to all city and contracts." Section 3. Section 18-73 is hereby amended by adding the t following languages "Sec. 18-7j.;. gegBired statements for solicitations or pg,(�i. ces: required statements on contracts and awards. a. It- shall be inandatoy for all or notices inviting bids, City solicitations quotes. proggsals. letters of interest and/or qualifications, to "4 contain the approved rcaUirements for M,(i(@g ;= 1 Words. and/or figures stricken through shall be :deleted. Underscored: words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. .Asterisks, indicate .omitted and unchanged material.µ C-z. Aus 9 9 �M p . gg, !i �{1 �t�.S.kr i t!:ay;yfx.s ,µ,xm s._ �._-d:_: ...w ,__, a... :.4; n. �..v i ', _4.: .. ' ' .. :. _:. '-• _ ,' ;". .. ' �: t. _ fx e-- L....aRt;Cui:.. -. b-L It shall be mandatory for all City' contracts and/or procurement award documents to contain the followings (5) A requirement that each bidder, aroocl$e>:. oS submit along with the bid or proposal an affirmative action plan (AAP). Any significant equity participants, joint venture participants, subcontractors, suppliers or other parties to the bid or proposal shall also be required to submit such plans. ,. . . . .. I1: .c :. . M Q ii(�•7=8/a.1= AN.-Ii"M-Wi=•7�i[-3•i•[-�st•u[��cv the oUrpose of investigation to ascertain r.omRl.Lance1 1= Foregoing . u .• . ., 1• 1 • P.UAnce with the AWrinative actiRn requirements ofthis section,1 = Hanagex—may• - • 1 whgle gX__Uart, CaTCeI or terminate the bid or contract awArd--&TLdLai __gthgr__&*nci ions as ay be determiTe to be Section 4. The following new Section 18-76 is added In its entiretyt "Sec. 18-76. Administrative Procedures. The Departments of Finance, Public Works and General Services Administration are authorized to establish the required administrative procedures to Insure compliance with the provisions as set forth herein. 1.05313 C— 3 ... 276 The pinance bepartment Is mandated to institute payment procedures which will insure, in those instances in which the M/WDE bid or contract requirements result In contracts, subcontracts or joint ventures for M/Wats, that compensation provided pursuant thereto shall be in the form of a check made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/woman business enterprise subcontractor or joint venture partner in an amount not to exceed the subcontracted or joint venture amount, based upon approved invoices submitted by the prime contractor, proposer or joint venture, to the City. in the event a dispute should arise as to the performance or payment of the primary contractor or bidder/proposer or the H/WBE, under the terms and conditions of the City contract or procurement award document, compensation @hall be withheld until such time as the dispute is resolved in accordance with the procedures set forth in this Chapter for resolving such disputes. All Administrative Directors shall amend their existing policies and procedures or to create such new ones as may be required to insure and report on compliance with all aspects of this article." Section 5. The following new Section 18-17 is added In its entiretyi "Sec. 19-77. Designation of the Director of the Office of Minority/Women Business Affairs. The Director of the Office of Minority/women Business Affairs is designated as the official responsible for establishing M/WBE bid and contract/award requirements, creating and implementing compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the City Manager." Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. 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. PASSED ON FIRST READING BY TITLE ONLY this day of December , 19 88• PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of January 19�. A XAVIER L. SUkREZ, Mayor iR Y HIRAI City Clerk C-4 a - i in # Y: a m t is' 4 Zr:�. R;CKENBACKER CSWY i 40Yiti•��"* ro Restaurant Site (portion of Parcel t-B 0 o' X 1C IC x .� < TNG oeme¢\e.�o.+ Parking Site ( Parcel. B ) EXHIBIT I �rt EXHIH.IT It DECLARATION, PROFESSIONAL INFORMATION AND FINANCIAL DISCLOSURE FORMS Declaration Organizational Structure Proposer Partnership Statement or Corporation Statement Proposer's Financial Data Proposer's Experience Proposer's Questionnaire Proposer's Financial References Proposer's Project References Proposer's Professional Consultants Experience of Proposer's-Professional Consultants References of Proposer's Professional Consultants Proposer's General Contractor or Construction Manager Experience of Proposer's General Contractor or Construction Manager Proposer's General Contractor or Construction Manager Questionnaire References of Proposer s Contractor or Construction Manager t; Proposer's Operational Manager r Experience of Proposer's Operational Manager Proposer's Operational Manager Questionnaire References of Proposer's Operational Manager x 30 !g { Y J �. .. ziv } f is a *h1+ q�j � �h 4 i� `p.i.+''a�`� f P 93 L �4°R�tt"+ 3 ( �� { �+ `g, - - — ap a. 4, VIRGINIA KEY MARYNA.PROJECT f, 1` s Restaurant and Marina Related Commercial and Recreational Facilities In response to the Request for proposals for the Unified Development of the Virginia Rey Basin Property Vqp,GINIA-XEY OEVELOPMENT-PRO4ECT Table,,of Contents I. Introduction 2. The Partnership 3. The Concept 1: Introduction The Joint Venture will develop the restaurant and marine related commercial and recreational facilities on the proposed site. This will include a full service restaurant and brewery# retail shops and floating docking facilities for transient boaters. The present operators of Bayside Seafood Restaurant and Virginia Key Marina will in a joint venture relationship develop, build and operate the new and expanded restaurant which will be known as Bayside Hut & Brewery, a Seafood Restaurant and Bar. Bayside Seafood has been in operation since 1983. After entering into a sublease agreement, approved by the city of Miami, the operators undertook the task of rehabilitating and improving the present outlet. A new food and beverage service concept was created which involved a substantial cash outlay initially with an operational plan to provide quality food, beverages and services at moderate prices. From the outset they were able to attract a steady flow of regular customers which has continued to grow to the present day. From a zero base sales volume in 1983, Bayside Seafood generated sales in excess of $500,000 in 1989 and anticipates 1990 sales to reach $600,000. Enclosed are newspaper and magazine articles which attest to the high quality food and services being provided. One of the major elements contributing to this success has been the training program initiated by the managing partner, Rolf Gerstner, which has enabled - the restaurant to develop a strong cadre of trained individuals in their respective disciplines. The turnover rate of staff has been minimal and most employees (90%) have been in place for over three years. This is a rare achievement record in this type of business. With, few exceptions the majority of all employees fall into a minority employment classification. 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I IL1. v1,M lr \'Ha1N W tY1• aWaraw w /Wlk /I.W .Ile OISIlk 1.0 lad asaOM to to arlt Yr alibi last rrl.s II1r1 I'ar. not) rath-sr. al- lost Ito.. tM Ge-ocas. lessor .rw-as sal- W M111/r1-11) /rIW t/11\ J tor\ taanru..Yt sous boo aML "ale/ ra hwrul t.rara as S4a. , dva Mar W sr►a, Coot► A art a'ar.n In W Iron N twanM. "Ca.(t .a ..It instal, . rr .f ! r Kn. aN MaHWm 1. w wo...arra aa:;:r! M. mda-It•MM tots. oM arty. M�InM 1nIlM bair.m.wn.WYYrna..W,.4n1kL In 1. rNa) lon, "1 waft le Intl• aP\.WYlrna.10lon",16.U.INS��r • Its -sob dip w W .J1 /tar W m all cow"11f «wry n.tvara ar•}.. as rl (.r•I �, �« / D3 E 1809thRoPida WME bayside is hiddeh. Thousands drive along Wen - backer Woeway daily, and miss the link eayside sigh thilt OW= timid the Marine Muni. lbu drive NNW the stadium brim past derNict boats, and theft It sits: two dtmen ouatdt We on a raised wooden pldotm. half of them under a ddched roof. The restaurant is an odd mu of the romantic and the Industrial marine. It sles on a.snarins puking lot. stacked boau a few hundred feet away. Beyond the lanhu, how(ver, is a waterway that cuts between the abate and an outer Island; ►eukls and wnersWm haluerwy bun by. Beyond the Band is a spectacular view of the Miami skyline. Soft rock music is piped in hom discreet speakers. Baystde is a fun place to have a quick beer and oysters, or for more serious appeases, a complete fresh yellowtail. omsaely pre- pared. The house q cialty Is conch. and there is none butler this side of the Bahamas, whether it be the conch bitter. the conch soup or the tried conch strips —tender tad no That is also fresh fish, from mako shark to grouper, as daily blackboard specials. all reasonably priced (the menu runs 83.87). The pft shrimp is wonderfully free of the greasy sauce that somethes akaompar+Ps the dish. The only coves Is the ooersional invasion or eying insects on swdtr• ing. windless din. Dandng weekend nghu. U an-10 pm weekdays. depending on weather; until 11 pm Fri:Sol.361.0808 AMC-- wAaerSOM FIOMA MAUV teas 11? TODAY WEEK OF THURSDAY, AUGUST tti, lees e REtTAURANT= NAYBIDE iEAFOOD RESTAURANT j �31,5t01 Rklatbacker Causeway kB1 ridnnee Stadium Entrance) 11 a.m.A P.M. 7 days a week (weattW permitlIng) Outdoor conch shanty overlooks a me• ring and ay. wealMnd deck end wood- en Structure Captures early key charm In an alfresco Setting. Restaurenteur Rolpph Gersbher "d May am planning folsuild a food basiaar with booths representing different ethnic foods M October. Rear bar, sandwiches and burgers, conch specialties, barbeque and fresh Seafood we offered. A good bet: Rolf's famous conch fritters. (93J )►sine angw Inex- pensive I %P81da Key Biwgne W'SmE—Serbed—MR1 lreipew+i afloat spa wm good rind+ Miser. am. ail a strip madden to the ion' near Meuse Stsdeaa; be" syrr Yong man term U th IN sun at andrr elpkaee Pod. Own b a earbu Alm new endosrd on with view of lay," 90 hull Ibb seeder from rmlo short b fm". Good oft jhrV* 11 0.10 pen rweide> , dependMt an "Ohis 101 U Fro M: Set. 91-03 AMY w18 f = fl58 YAiLt?T—Sesdood--l7gsnt, wall marik Haan, e1E haw ew**ra 1 Dam 0mmt MW k6brt n"ole sbearb loop, dolphin ma it, defy fresh hell pilled aver lava reels. House a INN-: South ralds esPpmo (Ash am). halt" wipe ft. woke WWW wales a soft wWlaru st CompilmmarI "it psrtq as sup t.—n:s0 a 2:10 pm weeYaelt D--6:3010:10 pm Man -Sr. Cvaot Hind. 901 sunyme INvd. 37MS". Hot Iss DOUR WIS LUMM FAR, FRIENDLY AND JUST PLAIN GOOD Unless you are laamWar with the Design Dold, you might need a map so And this spot. However you could Iust drive b the arts: and follow the well-worn path beson nk to Its door by the District's dersbens. NW - den in a Unit nouns off HE 40 St., you'll discover a plain. unpntetdas swrehotu boutleug a tram trove of mostly home-made goodies Savory pies, chicken puffs smd Imaghssdve quiches and soup are produced tads day by an baerstrlodl staff, employ- Ing Its collective Moonal specialties. NK boanfs fit a sumptuous array of men, vegetable and seafood salads, daily soups and Spedal:. 1bu choose a tuft of this, a dollop of that from the delicious salads and palls to compose your personal DerlBnees Planer. with which you'll surely wsru a tasty muffin, crois- aam or pumpernickel -onion roll. Or perhaps you'd roft opt brow d the sa dwidrs, ownarifed whh lean dsnatft wu m at salads. The desmet Ineq tends in pan: banana and dtocolot mouse take. Oren cookie o k Sock frokest cake bind magic asks, almond and rum aotmam. The sunoutultrlp am austere —an adenlc mbmue of mismauhed tables ere dhains. dried Bowen, hanging strings of dried ; q 1 6, and garlic, and newspaper Vapoled wdb--bet ft larder is bountUhd. U you need to fused a crowd. "Gourmets launch a nB—d"I wet b a few or a festival. K—b =4 pm weekday .130 NE 40 St. 5734949 NONE g Sant, Ftosao+t Sw/ 1m m" sea 91- 276 KEY BkCAYNE 'DAY Rolf Gerstner The other Bayside Virginia Key seafood restaurant has a fresh taste and a familiar name By HOPE MOSS All the hoopla about downtown Miami's new Bayside Marketplace hasn't affected Bayside Seafood Restaurant on ' Key Biscayne's neighboring Virginia Key. Tucked behind Miami Marine Stadium off the Rickenbacker Causeway, Bayside has been serving up loll safood for three years. Aptly called the hideaway, the restaurant is at the end of a winding road and is housed in a low wooden building with an open terrace fronting on the bay. Pan of the terrace is under a palm - thatched roof, lending a rustic island atmosphere. However, the restaurant has added a new enclosed room in case of bad weather. Presiding over Bayside is a genial German from 'Heidelberg, Rolf Gerstner. "1 was in charge of the Hotel Inter - Continental openings and became executive assistant to the president," he said in outlining his IS years' experience in the food and hotel business. "1 was brought to Miami to oversee the management of Latin American hotels," he said. Being fluent in English, French and Spanish has enabled Mr. Gerstner to operate easily throughout Europe and Central and South America. Bayside Seafood Restaurant Is leased from Eugene Hancock and his two sons, Andrew and Charles, who started the business. The Hancocks, in turn, lease the land from the City of Miami. "It's a small operation for us, but we're glad to set them there," said Al Armada, property and lase manager for the City of Miami. "Every tenant counts." All the seafood at Bayside is fresh, brought in by local wholesale distributors. "If a certain product is out of season, we can easily fly it up from Costa Rica — a three-hour flight — and have it arrive fresh," Mr. Gerst- ner said. The favorite dishes of Key Biscayne are grouper and dolphin. Visitors are likely to opt for the conch fritters. The recipe was derived partially from the Bahamas and partially from Key West. Mr. Gerstner. chef/mimser. is ably assisted by Didi Slater, Roxanne Brandao and Marianne Dotson. They are equally at home waiting on tables, helping n the kitchen or tending bar. Bayside just got its liquor license six months ago. so it is difficult to project the gross take for the coming year. "Maybe a half a million," Mr. Gerstner estimated. Among the favorite drinks served are Pins Coladas, daiquiris and Margariw. There also is a speai rum runner — made from rum, six fruit juices and Creme de Cassis. It's served frozen and costs $3. The most popular beers are, Heineken, Becks, • Coors, Budweiser and a dark beer made by Coors, Irish Red. For the European thirst, there is Dinka Acker from Stuttgart. "Miami is rally 15 or 20 cities," Mr. Gerstner said. As a result, the menu at Bayside is varied. The specialty of the day — the most recent catch — is chalked on a blackboard next to the Manatee Bar. But it is the written menu on bright yellow paper that advertises the variety. Under "Starters," the menu suggests homemade conch chowder (31.75) or conch fritters (S4). The heading "Raw Bar and Salads" offers clams — raw or steamed ($2.25 a half dozen or 36 a dozen), peel and at shrimp (S4.95), conch or crab salad ($4.50), Jamon Serrano, (S4.50) and Chorizo Espanol (S4.50). Seafood platters range from shrimp to Everglades frog legs and range from 36 to S 10.50. Side orders of fried zucchini, mushrooms and onion rings cost $2.50 each. To vary the menu and cater to the "15 or 20 cities," Bayside offers barbequed Baby Back Ribs or Teriyaki Chicken. The sandwich list is extensive:) Boathouse Fish Sandwich, smoked. fish, conch sandwich platter and fried clam and chicken fingers. All are around S4.30. No seafood meal is complete wthout Key Lime Pie or cheesecake. Both are available for S2. To get his restaurant humming, Mr. Gerstner is on site at 10 in the morning until i l at night. Weekdays are quiet, but 43ayside jumps Friday night, Saturday and Sunday wth music from the "Steel and Ivory" combo, a calypso band that often has patrons waving a conga line around the terrace. Priding himself on the food and ambience at Bayside, Mr. Gerstner has added a note to the menu: "Please take into consideration that we are not a fast-food restaurant. Our food is prepared to order. Your patience is appreciated." ' Bayside Seafood Restaurant, 3301 Rickenbacker Cswy., Virginia Key, FL 33149. Hours are 11 a.m. to 11 p.m.. seven days. For details: 361- 0808. j o s- 91- 2176 Miami's !News and Arts Weekly BEST CHEAP SEAFOOD Ba ,pide Seafood Restaurant 301 Rickenbacker Causeway Virginia Key The fried shellfish dishes are in the five -dollar range, which makes this spot competitive with the seafood chains — national and local. What gives Bayside a decided edge is this: it swims in its own direction. It has a number of South Florida dishes (homemade conch chowder and fritters, Everglades frog legs), nine types of sandwiches, a ceviche — and they let you wear T-shirts and shorts and throw in a view of Biscayne Bay and the Miami skyline. Eat your claw off, Red Lobster. (Enter at turnoff to Miami Marine Stadium, turn left, and wind back toward downtown.) L —:�'1 U �i TO AVOID TOLW= wayside Seafood Restaurant 501 Rlckenbadoer Causeway Virginia Key While the tourists trip on each other and choke on the boat exhaust fines at Sundays on the Bay, savvy folk head to this am, d adde outdoor joint. No, it's not a Rouse shopping mall development. Not even dose, we're happy to say. It's the fmw Hut, located just to the north of Miami Martine Stadium. The place is well hidden, which is great — a well -kept secret. Coid drafts, fi esh fish, and good conch under a thatched roof in a relaxed atmosphere. / C) to BEST CHEAP SEAFOOD tr lds Seafood Restaurant Rickenbadror Causeway Virginia Key The fried shellfish dishes are in the five -dollar range, which makes this spot competitive with the seafood chains — national and local. What gives Bayside a decided edge is this: it swims in its own direction. It has a number of South Florida dishes (homemade conch chowder and fritters, Everglades frog legs), nine types of sandwiches, a oeviche -- and they let you wear T-shirts and shorts and throw in a view of Biscayne Bay and the Miami skyline. Eat your claw off, Red Lobster. (Enter at turnoff to Miami Marine Stadium, turn left, and wind back toward downtown.) BEST WAY TO AVOID TOURISTS 1de Seafood Restaurant Rickenbacker Causeway Virginia Key While the tourists trip on each other and choke on the boat exhaust fumes at Sundays on the Bay, savvy folk head to this ramshackle outdoor joint. No, it's not a Rouse shopping mall development. Not even dose, we're happy to say. It's the fmnw Hut, located just to the north of Miami Marine Stadium. The place is well hidden, which is great — a well -kept sea et. Cold drafts, fresh fish, and good conch under a thatched roof in a veined atmosphere. ia( 9 -r 276 w AENu GI"tW MiaM' av GUME .. ......... . .. BAYSIDE .. �^ . .- Key Biscayne Bayside Seafood (testauraht and Hidden Coble ear B nestled In the a andlwstlyd iha dtX On i4eelaends Q1Stdfrnelt enjoy the ReggaK/ Wand of Key Biscayne. It Is known by marry Miami residents at "be CaFypso Wand sounds d Sagaboy. The fresh seafood platters offer Hut" and offers a pleasant and relayed dining experlence. The name the many delkxks. that South' Fkxida has to offer. The htendly d this restaurant should not be confused with that d brAlde Market relaxed atmosphere will keep you coming bads for more FWI liquor Place. the downtown shopping complex. Most guests prefer to dine service Is available. Dress is casual. eayside Is open br lunch and outside under the palm frond Tiki but and In the terrace to enjoy the dinner daily. The hours are 12:00 noon1:00 P.M. Sua'h and 12:00 Miami weather and the spectacular view of Biscayne Bay and Miami% noon-12:00 midnight F & S A/L M/C b Visa are honored. 35o1 102 91- 276 is 1 Vol.11. No. 12 1 Heard It Ibrs The Graervtar..." Augual I, 19M Key Biscayne Marine Stadium Enterprises by Edward Udlitwbn Arrise Stadium Enterprises is located on Key Biscayne, next to Miami Marine Stadium. and offers the south Florida boater a complete marine facility in one location. An innovation of Coconut Grove brothers, Andy and Charlie Han- cock, Marine Stadium Enterprises offers three, distinct services to the public, Key Marina;.T,he Bayside Rea• taurant and Holiday Moline Repair. The Marina: Key Marina offers storage of boats - either trailered or dry stored - up to 36 feet. "People think when they have a large boat," says Andy Hancock, "that they have to leave it in the water. This is just not true. We can take them out of the water at Key Marina and store them." The Marine uses two, 350 Hyster fork IIRs. "No other Miami marina," Andy acids, "has a lift of this size. Only Dodge Island, for loading and un- load i n R cargo ships.. "The whole idea with the Marina is to provide complete services and facilities for the recreational boater. Biscayne Bay needs it. Our boat hoist is one of two of its site in Dade County, here and Crandon Marina, which is a county -run operation." Then, there's the Sunday boater to think about: "Then are very few places around Miami where an individual can leave his boat on his trailer. We can do that." Andy says. Also, there are 75 additional spaces coming available in 60 days, thanks to the generosity of the City of Miami. The Restaurant The BaysideRestaurant is a unique attraction within itself. Formerly known as The Hut, the Bayside is four. Micciaukee chickeea, totaling more than 4.000 square feet. One chickee -re cef� is huge (the largest Billy Osceola and crew had ever built), with overhead fans, and lamps that came out of the old Holeum Bakery on south Dixie Hwy. when it was torn down. "It took them more than three months to build it," Andy says, "then we put in plank decking, and land- scaped the place. We have made over $200,000 in improvements since 1978." The restaurant serves an as- sorted selection of seafood dishes. "The managers of the restaurant, Claude LaRoche and Rnlf Gumner, handle our seafood importing and food preparation, acquiring fresh fish from South America, finding the best smoked f th, etc" A sample of the menu at the Bay - side: Seuiche 12.501, conch fritters (2.501, fresh pompano 14.95). fresh catrh of the day 1 either snapper, grcw- 8ays+as Restaurant per or dolphin) 14.951, rrlltaotail with slaw, fries and hushpuppies 15.25). "We intend to enclose the chickeea in glass evenlunlly." Andy says. • "Make a real showplace out of the restaurant." Marine Repair Hnlidav Marine Reimir will he open for business in 30 days. "We will be able to handle any marine repair out of the water, or in the water." Andy says. What's more. we will be open seven days a week. "We want to provide a facility for the average boater at a reasonable cost, and to have all the things that a boater would need at one location. "The City of Miami and private enterprise has worked well together to create a place that is a great ben- efit to the public. Private ownership of the same land could not have cre- sted abetter facility than exists now." Ian 91- 276 VIRGINIA KEY DEVELOPMENT PROJECT Z: The -oil.. A Joint Venture Partnership will be created to develop, build and operate the new. restaurants commercial/retail'- and recreational facilities as outlined in this narrative and in accordance with the requirements of the RFP for the Unified' Development' of 'tHe: Virguiii .Kdy,_4 alin Property. The partnership will comprise the following entities: BAYSIDE SEAFOOD RESTAURANT INC. A... VIRGINIA XEY_DEVELOPMENT PROJECT 31 Ime Conceldt Ile development program will include 4,000SF dedicated to marine oriented retail activities. We anticipate rental income in the stabilized year (year 3) to generate $50,000 net to the Joint Venture. The full service expanded new restaurant and brewery operation will be an exciting and profitable enterprise. This concept has been highly successful in Europe, Canada, and today can be found in 120 plus locations throughout North America. In 1987 Legislation was enacted to permit restaurant breweries in 4 Florida._; 1 VIRGINIA KIE Y DEVELOPMENT PROJECT 306 The Concept coat. The decor will be rustic throughout incorporating an abundance of tropical foliage, hanging plants, etc., that will create an inviting sub -tropical ambiance around a basic Florida theme. Indirect overhead and wall mounted lighting fixtures will provide a warm and comfortable feeling in the restaurant, bar and exterior seating areas. The desired goal is to enable each guest to have as quick and efficient or relaxed and leisurely dining experience as they choose. P s. The glass enclosed display brewery adjacent to the Bar/Lounge will be: highly visible from most of the restaurant and from the exterior entrance and ,} s. parking areas. This will be the focal point of the restaurant and will be highlighted with appropriate lighting to maximize visibility from all angles. is The brewery, under the supervision of a trained Brewmaster, will produce super premium beers. These beverages will be full bodied and naturally brewed without additives. Ingredients will include malt and pure water. Domestic and/or Imported hops and specially, selected strains of yeast, each with its own flavor characteristics, to retain the beverages fullest flavor and freshness. - The product ; will .be served _directly from the brewery tanks. In addition to its signature beer product the restaurant will serve a wide selection of popular domestic and imported beers, fine wines by the glass yr bottle and a complete line of aperitif wines, it liquors,.cordials, and mixea.drinks. • t w£ al tl f. s 1, f a�S �Y'TFT3,st����c�?X�7A�:,n'g'.�'kL.•+�.+'.�.:=x,P �.t, �"`c_'"arrF+ '.. e_. ,h. .b.. rr.0 t.:r r ,. . ,- _.. •.._ •_5.5 :,. ty�.Y�^..k�e�', M PA DAYr INC TREND TAPPERS Brewpubs are coming on strong — thanks in part to St. Pete's Brewing Systems Inc. By Andi Davis ................................ 0........ 4. 0 ou may not have heard much about brewpubs yet, but in a couple years you'll be able to sip fresh, brewed -on -site beer from tiny Area brew - pubs. And when those brewpubs open, chances are they will have opened with the help of a St. Petersburg consulting firm called Brewing Systems Inc. European pubs have served freshly brewed beer for centuries, but America's 4,UUt1 small, local breweries died with Pro- hibition. About 92 percent of American beer is produced by six breweries: Anheu- ser-Busch Inc., M ller Brewing Co., Stroh Brewery Co., G. Heilman Brewing Co., Adolph Coors Co., and Pabst Brewing Co. Brewing Systems executive vice presi- dent Arnie Winograd doesn't have anything against the big breweries; he used to be senior vice president of marketing for Pabst. The big companies "make a superb beer," he says. "However, they all make a product that falls within a given spectrum, and there's a tremendous demand for products that are a little different, a little richer and more Euro- pean in -character." Most brew -your -own enthusiasts are less kind about mass produced beers: They describe the flavurs as akin to "wet air." The urge for distinctive brews —plus, of course, the profit motive —has suds entre- preneurs opening shop across the U.S. The first brewpub opened in f983 in Mr; alit irnia; there are now about 65 brewpubs and 50 microbreweries nationwide. More than 3.000 such busi- nesses could thrive, claim beeruphiles. A brewpub is defined as a mini -brewery that produces and sells beer on site, gen- erally no more than 5,OW barrels a year. A micrubrewery is a mini -brewery that dis- tributes its beers to outside vendors, geen- erally no more than 15,t1W barrels a year. .01y comparison, Anheuser-Busch pro- duced about 76 million of the country's nearly YW million barrels in 1987. ) Florida's first brewpub, Winter Park Brewing Co.. opened in November in the town east of Urlando. Irewpubs are planned or being built in Gainesville, 'I�oll:r hassee. and Pensacola. and several are being considered by Bay Area business people. "There's not a reason in the world that there uxin't be 1W to 'lW brewpubs scattered over the, state:' says Wim)grad. Mivni could support as many as 20, the liay Area 10. he says. Winograd, tit, and Karl Strauss, 75, began Brewing; Systems two years ago, backed by two silerd partners. The co m- pam; which also has a Mh-aukee odk-e. dtirks with brewers in the east half of the country and is one d about six brew•pubt niim)bre%try catsultants in the U.S. Strauss worked is 1'dbst fur 44 years, including 20 as vice president of production. then retired five years ago and be$ -,in run- sulting. When N'i Mprod retired.' Strauss asked him fix Ix-lp in tapping; the micro- brewvey business. (ov er) Beer consultant Arnie Winograd proposes a toast: "There's not a reason in the world there won't be 100 to 200 brewpubs scattered over the state." 1111MARY mr UJAM IIAT UPI 25 /1Z 9 1 - 276 '7`A/'V►PA SAY, IINdC. o 'Then was no one else with'ow exper. tise." says Winograd. who ails Strauss "the Red Change of brewing,' Stmuxs is i ttAng Systems eo-e�tive Vice press• dent and serves as,the technical brewing consultant. while Winograd snakes the •"• sales pitch and provides clients with mar- keting and financial expertise. It cost about $150.000 to stet Brewing Systems. land this year the company should pay off most of its initial investments• •Ravel and executive -level salaries are the biggest expenses. says Winograd. whose wife, Lee. serves so company secretary and Is the only other employee. The company's ! St. Petersburg office apace is provided free by Belmar Corporation. where Winograd is a board membet ". •ht-its fist two years, Brewing Systems ' has sold and set up 13 turnkey breweries at X an average cost of $=,000 each Brewing Systems sells brewing equipment made by N Northwest Inc of Oregon; when clients regtfest overseas -style equipment. Brew- ' ing Systems an htrntsh English, t;ermim and other countries' products. "We work on a small manch" says Winograd. . The firm has also consulted In variou, capacities with V other breweries. Brewing Systems' Lees start at = a.day; training costs $5.000 a week When a brewer -to -be purchases a brewing system through the compargt Winograd .and Strauss throw in two custom beer famuias for free; those buying the formulas k Is carte pay S+~004 The pair market their services at res• taurant and brewery trade shows. and with ads in trade publications. Wad is getting araurd: Wrrograd says they are now bid. efmgpn ten breweries in Florida'akuta 'Brewing Systems is somewhat unique. uplelMedel, administratorof theAsso- ciation of Brewers to Boulder, Colorado. 'Mere are a fit of consultants out there. but;Brewir4l; Systems combines consulting with design and recipe fa mulatioa, equip. meat, and tali ft. In other words. they an gave you the whale package." The company will, for example. arrutge furutcitg sell a brewing system. design a brewing system develop a custom beertor. mulattat, help with federal and state Scen. alma and loci raring: train novice brewers Mrs a brew•master and even suggest a name fir the buwtess• Butb4n doing any of the above, the compury will ohferafte an whether client should start Wvmyt "For every ten people we talk to. there I are two peoplewho have the wherewithal to t carry It W says Wuwgrad, 17a every other butfness, this requires apical" 0" Plenty dcapitah betweert S3W OW and r $1.2 'Million to start a brewpub, and between $70.000 and $200.000 for the +,.o! bmwrctycIteiatlort slaw. ifyou haw a bar or restaurant with plenty of expansion "And this is not a dilettante business. You have to work Very hard. It requires some O"kW work and oft understanding of the chemistry of brewhtg,'adds WinognA "A kit of people who I see wartt&tg to go Into this business are beer hobbyists who think they're going to turn their hobby into a gold mine. Irs rot as sample as that;` says Peter Egetston.'president of Northampton $rewery b Massachusetts, which Brewing Systems helped set up. "If you don't go into this with a hard-nosed attitude toward buss- nest. you're setting yourwM up for hirlure. "Imeakttof literaturegoingg&round that consultants an convert a spare room or a ' back storeroom into a bdewerg take a dish- wasltec and train him to be a brewrnastec I think that's highly unrealistic." says Egel- ston. "Brewing beer is a multi -faceted pro- cess with a lot of details to attend to" Winograd agrees: "It's not something that any restaurant an put in Its back room and start bre:wintg•" Brewing Systems consults with both mierobreweeies and brc%7jbs, but Wuo• grad says the most profit potential Is in the brewpub sector —because the brewer an get a retort es mark-up. Beer is taxed about 37 for a 31•gatbn barrel The sate elf 700 barrels of beer at $2 a glass —•there are 350 eh trounce glasses In each barrel —will gross a brewer $490,000. The brewer has to pay for ingre- dients, the brewntas&s saiarlt unities. and other operation costs, but "It's still more profitable than operating at a 10 to 15 percent profit," says Winograd. Indeed, some brewers can make a glass of beer for seven cents and sell it br 33. • Another appeal of brewpubs, says Met - del d the Association of Brewers. is that some restaurants "wwA be nicely aug- V1 mentted by a brewery In addition, micro - breweries have to fight for shear space In liquor stores and a tap handle behind the bse Once you set people to a brewpub. you have a captive audience:." , Of eaturse . the big conpot to brewers are watddtirtg the growing gourmet beer indus- try with are —tenths of page per: of market share here and there add up all too quk* far the big boys• Oft How dW1 react to aey perceived threat from the burs+eaning brewpub industry ramins to be seen. In any case, the baser Troth of brew- pubs —produce for sevencents. sd! for$3— Is W* to keep Brewing Systems Inc. hap- pily afioatea s sa of suds. ❑ Alva Davtfs last stay br Ump ft lik. "Lotto Dough," appeared In the January issue. .t , ••-'�'��:.:.ci�:.0 FIC •..r Cir•.1,•.,••,;�.�.,xy� l • , �• • • .• •'.4' ' ..... i�r .. Florlt • Isn'tt . . i.' r .� �.•. • •. • Epcat •••• •,'' watei '.• ,r•t •. .;.. the • .... the rt• in bet .: .:...- '. • Follow • �.;� Introc •:.:.. • . opera �•• featu• way tt • fabul( • `There f locati, • ' ,�: major water ' a tier. rental . exci FIc • % shot '.uir V,�•.. conge •. •..;r.. ' . owns s . a•�; Ste( r;'i' •. , ;.. LOOK FOR IN THE CLASSIFIEDS i 91-- 276 � 1n Chicago, serious and stylish sipping Chicago quenches thirst in style An excerpt from The Boston abbe - March 9, 1990 Dy Salty Tager APECIAL TO.YNE OIABE Pickett says has always been popu- 10. Each glass is set on a cardboard lar in Europe. Every drop of it is coaster, and the name of the beer is sold right in the street pub or the written legibly by a enthusiastic HICA JO - 'Me words _ restaurant. "I might fix up a six pack waiter. The beers range from a "Chicago and beer" spur many to • • �`' for a friend," Pickett said, "but beer heady dark porter to the palest think of the O'Banion Gang, Al o •�, ; in those bulk tanks doesn't keep pilsener, and each is a knockout. Capone's peculiar marketing meth- ' .' ; : well, so we make just enough to sell The set of six is $6.75 while a 12- ods and the l+ed's axes breaking up on the premises." ounce glass of one is $2.25. It's barrels. But Chicago has forgotten 'o This is the fashionable River enough to search the area for a place all that stuff long ago and has just t f• North section of Chicago, where to live. recently begun to drink beer seri- ` �� :• !'• women's throats might be wrapped Did beer lovers always talk with ously again, this time with elegance in fresh -water pearls and men'sfeet such intensity before we went r and style in upscale neighborhood • • in Bally slip-ons. Art galleries are as through our recent wine education. breweries• - --„• _ ` thick on the gorund as caraway seed According to a reviewer for Chi- ; Historically, most of thestreets in the German rye. Saks and Bloom- sago Magazine, Goose Island turns that band the Loop or downtown '- ingdale's are just a few blocks east. out a group of beers that arc supeior section were crowded with light The very air is different at the to other local breweries, "with more industry, small red -brick factory Goose Island Brewing Co. at 1800 varietial character, fewer flaws and buildings of spare architecture that the show. The place is enormous, a Clyboum in a less -disciplined fae- individuality." The pilsener, he says, translate well into condominiums, cozy cavern that wanders around tory space that has just been turned goes well with fish and chicken, the restaurants and breweries with the two levels with beer artifacts nailed into a galleria, with the brewery and Lincoln Park Lager with spicy foods right furniture and a tone of beveled to the walls and copper tubing lead- restaurant holding down one end. such as bratwurst and the W etscn glass and acres. of refurbished oak ing from the vats to the works in the There are three levels to wander "has a green applelike tartness and a ; : - flooring., So in 1988,, three.groups basement, where kegs are filled and around in, and entrance to the shop- pronounced aroma and flavor of picked out their places and moved in. stored in walk-in refrigerators., Like ping mall on every floor. the galleria clove." The very words we've heard p. ; vats and, copper tubing without con- apples, beer varieties respond to has its own Chicago -style bar and a to describe zinfandel suiting each other. different temperatures. race -track -shaped oval in the center This is fresh beer were talking When scraping off the mac- of the room, right off the sidewalk. about,- individual ales, stouts and adatn that coated the street level of Brewing equipment, here is stain - lagers with so much character that the building, red handmade bricks less steel with brass trim and also is serious tasters will seekout the ale at were exposed, and now they are on exhibit. y - one place and the pilsener at an- trapped forever in polyurethane, like Clybourn is one of those diago- other„exactly as they would go to flies in amber. Up the short flight of nal streets that runs through Chi - the Parthenon for spit -coasted lamb stairs is the restaurant, with a menu cago's checkerboard of richly var- and Ambna forthe lobstergaspacho. - that is more complete than the pub's ied neighborhoods. Here at 1800 , < At Sieben's Restaurant and and which includes grilled salmon North, the people seem more down Brewery on Ontario, the beer-mak- and roast duckling. to earth than at Sieben's. Mother ing appatitua is incorporated :into Joe Pickett is the brewmeister pushing strollers meet other moth - the decor two shin ` vats Y coPPa here, a heart oun ish man with Y Y 8 era pushing strollers for a brew and p g displayed ' icons on the second glasses that slip down his nose and a a chat while the children sat quietly .., level,'thaey we !he' first,things to be beer background, that goes back to and stare balefully around. Ages seen wn= patrons copra thrmigh the , hispreschool days, "My; father's range from those little kits to septua- t " doorThe vats are largo enough to ... best friend won a brewery at a poker genarians tucking into fried calamari cookaoqupkofolmonatiesapleoe, table, so they decided to run it on and onion rings with their beer. f orto supply 4he entim legal drinking` their ovm," he said. "I was only 4 Goose Island beer is wonder- age of Waukeegan for as afteiao . years old, but loved hanging around fui; an entirety different mouthful i Jtattthequantt�rofoopperkept {. " theplaee and tunniag etcauds." .. thanbottledordcaftbeer--motealive • ! in pruttne coctioa dauvea attea- Five beers are always avail= and [ull of flavor. Here you can Wit. wbik-,704 d oeeople who . able, form a and light to dark and 1 gh extend your ex yo experience with a last- ' Ioo ItlreeCkai Postate to ." t� . Eck, and often there are special ing kit for the entice table —Three or make iaipotlttni bcewMega JWNC i . tuns fa Okkftd cg or St. Patrick's . five orsix six -ounce glasses of what as } t tt.luttt wtilch. Steam yo type . Da , One curious brew is Ch Y etry the brewery Is selling that day. Six f . Sotnettttt g bujblea.` It isill part of .. , Heec,. a gpidat cd glassful that ounces, phooey. It seems mom like t- I 1 V 1 . 76 g t BREWPUBS CONTINUE TO CHUG ALONG As the 1980s wind down, at least one of the decade's trends is still expanding: the establishment of small breweries --particularly res- taurant breweries --that produce 15,000 or fewer barrels of beer per year. There are now more than 100 U.S. brewpubs (restaurants where beer is brewed and sold on -site) and microbreweries (which distrib- ute their beers}. By 1995, say some industry experts, there could be as many as 1,000 brewpubs and mi- crobreweries—in effect a return to the pre -Prohibition era, when more than 3,000 small breweries flour- ished in America. And within the burgeoning brewpub industry —which makes up the lion's share of small -brewery growth —there's a trend brewing within a trend. Westerin states in the early 1980s began liberalizing brewing laws, making brewpubs possible. The new brewers typically were "young guys, well-educated, who were tired of being engineers, or assis- tant managers. They liked the glamour of the idea, the fun," says Arnie Winograd, executive vice president of Brewing Systems Inc., a consultant and equipment sup- plier based in St. Petersburg, Fla. ' "However, today we're getting many more professional restaura- teurs who are looking —as the res- taurant or chain of restaurants loses its pizau—for methods of renew- ing interest in their concepts," says Winograd, a former Pabst execu- tive. Most of the little breweries are in the West — about 35 in California alone. But 26 states now permit brewpubs, and brewpubs dot the map from Iowa to Texas to Maine. Why the proliferation? 'The in- gredient cost of beer is under $40 for a 31-gallon barrel," Winograd explains. "If you sell a 12-ounce glass for $2, and you get 330 glasses from a barrel, you're looking at a $620 markup per barrel." Subtract operating and equipment costs, and taxes ($7 per barrel federally), and brewpubs still can net a hand- some profit "The key is that you are a manu- facturer who's able to sell at retail," says Winograd —and a manufac- turer who doesn't have to fight for shelf space. Setting upL a brewery in an exist- ing restaurant usually costs $80,000 to $200,000, while building a res- taurant and brewery from swatch usually costs $500,000 or more, says Winograd- About 10 ccomQarues in Germany, England, Canada and the United States make the mash kettles, fer- menters, aging tanks and other necessary equipment. But while the markup is potentially high and new brewpubs are springing up across America, success is not guar- anteed. "It's not like frying an egg," says Winograd of brewing beer. The handful of brewpubs that have failed, he says, "were not serious about brewing beer. They thought it was a simple thing to do and required no technical skills.... Their products didn't stand up to scru- tiny.' Another ingredient for success — besides the barley malt, yeast, water and hops used to make unique -as - you -like beers —is food. "You still have to serve good food, and you still have to compete with the Ben- nigan's and the T.G.I. Fridays," says Winograd. Imbibers are likely to be 25 to 50 years old, with some discretionary income, who are in search of a different taste. Winograd offers the same advice long followed by fast- food chains: Locate close to a com- petitor and take his business if you can. '"The only problem in getting a license is the normal bureaucracy of state and federal government,' says Winograd. On the state level, 'it's not too much different from getting your initial beer -selling li- .cerise. On the federal level, you're getting the same license, essen- tially, that the big breweries get "Before the feds [the Alcohol, Tobacco and Firearms division of the U.S. Treasury) approve the li- cense, the brewery has to be built. You can get all the paperwork done in advance, but ATF has to come out and take a physical look at the brewery,' notes Winograd. The li- censing process is simple enough that 50 percent of brewpub owners do not need attoehelp, says Winograd. And while the little brewpub Industry maybe growing ever more professional, don't discount the ro- mance of individuality, says Wino- grad- - 6mr s"A" /15 r7 AR INIA I Y DEVELOPMENT PROJECT" Lot Mamome nt coat.. Claude H. LaRoche 1958-1960 Hilton of Canada, Montreal, Quebec Queen Elizabeth hotel Director of Sales. 1960-1963 Canadian Pacific Hotels, Quebec City, Quebec Marketing and Sales. 1963-1965 Hilton of Canada, Montreal, Quebec Director of Advertising. 1965-1967 Canadian Government, Department of Commerce �i Ottawa, Ontario Liaison with Hotel and Travel Industry. 1967-1970 Loews Corporation, Hotel Division" New. York, New York Hotel`Development - Management - Marketing Bahamas, London, Monte Carlo`t; General Manager - Regency Hotel, New York. 1970-1971 V.P. Flagler International Palm Beach, Florida _- Hotel Operations Op 1971-1973 ITT SheratonCorporation` Boston, Massachusetts Regional, -Director, -:Thirteen Southern. States Atlanta,' Georgia `- later South America, Caribbean, .:• and, Mexico - with offices in Miami Florida. 1973-1976 Triter -Continental Hotels ... w ...._. New York; New York Project Manager Montego Jamaica General Manager- Mo tego Bap, -Jamaica t 7 w� f l d } e e.2 Y.,3f „444 35 j fi 2F!'� s s 54 " •t Hl��;'.�'...4.y.in�"'t-,E+�e.4b,•`,{:';��= a' _ 5�_i;?£,.s�, ;"_;. _ ._. :::4 _ .. Y,`t '' n-.ac•4. _,.. _. ... .. .. ...£` :�•-i _.,f: Y'f`,-*t', VIRGINIA KEY DEVELOPMENT PROJECT 42 Management . cont. Claude H. LaRoche 1916-1979 Consultant - Hotel Operations - Miami, Florida Middle East - West Africa - Caribbean - Canada South Florida. 1979-1986 Florida East Coast Properties Miami, Florida V.P. Development and Hotel/Property Management/Operations 1982-1990 Co -Owner Bayside Seafood Restaurant and Gourmets Lunch. Special Consultant to Karstan Institutional Realty Advisors Owner's representative: Bank of New York - Irving Trust - Bank of Tokyo Security Pacific Bank - American Security Bank International Brotherhood of Electrical Workers Pension Fund - Involving Miami Center/Inter-Continental Hotel mixed use project Jay M. Tischenkel Former CEO International chain of drug/sundry/duty-free shops and restaurants. ri pw 1 w _ C. ='41RGINIA KEY s MARINA JIMENEZ IrAMERO / M•IMgM ,�l/wl ll/�i4 •. �"`Qm�". '. 11M'lllt[L'i4 INJEIIW 14NW�R111 h.AMMtQ /, ��- '.. �.:, � � w.•ww wr �wrarw•rrrw••rl••w•w� {{{ . , ,..G r r Y tf a f y'� � * ( � � ��".N 1�� ,. 3 �� �,�+, `7 i $Y 1" f � i 9ro�Y� �}• , v k* .x it A `�� i{5 � t.-. 17 • • VIRGINIA X9Y DEVELOPMENT PROJECT 6: C?p tiOnal Plan Menu emphasis will be on high quality, freshly prepared American favorites with a seafood orientation. Hearty sandwiches, fresh generous salads, specialty soups, and daily features will add variety and support repeat business at moderate prices. A wide selection of appetizers, finger foods, Cuban coffee, Espresso, Cappuchino, and creative desserts will be offered. Menu prices will range $8.50 to $18.00 for entrees, $4.50 to $7.50 for appetizers. Other specialties from $5.00 to $8.00. Salads from $2.75 to $5.75. #YSME HUT AND BREWER. SUGGESTED FARE SSIbESS Steamed Vegetables of the Day Black Beans Rice Pasta Stuffed Potato BASKETS & FINGER FOODS Sliced Stroked Fish Shrimp Conch Scallops Calamari Clam Strips Fish Fingers Chicken Fingers Chicken Wings Frogs Legs Homemade Conch Fritters SANDWICHES SII E HUB' AND Bf2EWEUY SUGGESTED FARE Pork and Ham Pie -ITA LY - Stuffed Dread Roll: Spinach Mozzarella Salami Prosciutto Combination -SPAIN- Tapas Platter, includes Manchego Cheese, Chorizo and Air Cured Ham -SWITZERLAND- Air Cured Beef Viande Grisson GERMANY- Veal Sausage Liver Loaf -SCANDINAVIA- Gravlax VIRGINIA KEY DEVELOPMENT PROJECT. 7. marketing Bayside Hut & Brewery will operate as a high quality, casual and moderately priced restaurant operation. The excellent following and existing customer bane at Bayside Seafood will have a positive impact and enable the new restaurant facilities to achieve higher than usual initial success and produce increased sales volume earlier than projected. The restaurant/brewery will generate considerable curiosity and appeal to attract a new and enlarged customer base. The location of the operation is strong in terms of traffic in as much as the existing restaurant has created a loyal following and most importantly demographic support. The specific target audience is in abundance within the trade area as evidenced by the success of the food and beverage outlets along the Rickenbaker Causeway ... mainly The Rusty Pelican and Sundays On The: Bay, with annual sales of $6,000,000 and $5,200,000 respectively. The target audience for this concept are the 21 to 49 year old, middle to upper income, single and married individuals. The target customer is considered' the "Baby Boomer", and the late post war generation. This group is the best educated generation in U.S. history and as a result are very sophisticated =- consumers. The demographics of the existing customer base are ideally suited 't for this Restaurant/Brewery concept. The presence of a strong residential e` ' community, heavy tourist supply and miles of attractive beaches as well as marine t, oriented activities will all contribute to a highly successful enterprise. Furthermore the newness and' uniqueness in the market will generate<, significant interest and publicity. This will be supported by a local media campaign >r_ in appropriate print and radio outlets to enhance the natural curiosity and interest{ levels of potential customers. ,v r t ( 54 }5 VIRGINIA KEY MARINA pI1OMT 7e Marketing coat. The long term goal is to blend with a strong promotion and public relations program geared at building and maintaining high concept awareness and generating strong initial support. Quality food & beverages at reasonable prices, friendly service and a pleasing fun atmosphere will sustain the needed business. Promotional activities and events will be the key in maintaining the desired frequency visit levels, excitement and fun attitude. Well designed and executed promotions supported by media will improve soft days and day parts, build check averages and sales traffic. r 4, s t. A,.: : �r fy J t - ON- �. y i s �y tt C „ # �,_� �S.u3'e'" r;�Y _ �.� 1� 4. a-.. �.. us I � . _ i r �_. � • i Yi _ 5 . � i V'IRGINIA REY MARINA PROJECT at. Eifiancial Proforma .Projections PROFORMA PROJECTIONS (000 s) rounded Gross Sales Cost of Sales @ 35% Payroll & Benefits @ 25% Year 1 Year 2 Year 3* $2,100 $3,200 $4,800 735 1,120 1,680 1,365 2,080 3,120 525 800 1,200 840 1,280 1,920 VIRGINIA KEY DEVELOPMENT PROJECT. _9s Executive Summates The Joint Venture is making a substantial cash contribution toward the improvements of Virginia Key Marina to enhance the general area in accordance with the Unified. Development Master Plan. We feel very confident this project will meet the most stringent demands of the Development Order. We are prepared to commit ourselves and move forward expeditiously to bring the project to fruition within the shortest time frame possible. We anticipate a construction period of between eight and nine months from start to finish and in operation. Should there be any further issues which we may have inadvertently DECLARA',� Cesar H. Cdio City Manager Submitted An 27 - -, 1990 City of Miami, Florida . The undersigned, as proposer, declares ' that the only persons interested in this proposal are named herein , that no agreement other person e son has any interest in this proposal or in which the proposal pereains, that nti thisproposal personisandadthatitthis connection nor arrangement with y in good faith, and without proposal is in every respect Pair, collusion or fraud. The proposer further declares that he has complied in he hasryread pect all with all of the instructions to proposers, tha 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 appropriat e lease agreement for the purpose of establishing of Miami, � e pr contractual relationsrformanceip e ofhall orequirem&ntsP03er and e totwhich this Florida, for the pe f proposal pertains. The proposer states that this proposal is based upon the proposal documents and addenda, if any. Bayside Hut & Brewery partnership Name of Firm[ Individual, or t t Corpora`Ai,on �.-SIL gnature gnature Antonio R. Zamora Rolf Gdtstner Proposed Shareholder President Title it e Bayside Seafood =1` Virginia Key Marina 9' Restaurant, Inc. Associates, Inc. (A proposed Florida corporation) y r. x f JA. b 1 r f t+� f; rt 7 is ,.: 2 # Z4 sue: < a t c �"la I:��"_�R-.y�Tl_•?+4'''�'Y��"'"�71'�`3 "C "F ,�r + � r y .� � - � S ""a ��°� t ORGAN���'fldNAi. In graphic form, p rovide the organizational structure of the development team indicating the contractor ore constproruction professional consultants, general manager, operational manager, and any s consultantis by name of Firm or individual and areas of resp Bayside Hut & Brewery Partnership (A proposed Florida Partnership) George Knox,-P.A. Attorney Bayside seafood ---- Restaurant, Inc. A Florida Corporation (Managing Partner) .Jimenez & Camero, Architects „I Virginia Key Associates, Inc i A proposed Florida Corporation (Capital Partner) S Shareholders: harehblders: Antonio R. Zamora 2.5% Claude Laroche 50% Antonio R: Zamora, Jr. 2.5% Rolf "Gerstner 50% Alberto Donnini 2.5% 2 5$ Antonio Jimenez Note: The other 40% will be open for other investors or if y` need be will be subscribed by the persons listed above. k'. a . } j 11-z { 4 l tr Y d t Y 1, 7g.T�.Ay I '✓ �''.' • _ .: S- {T-,iltr t Name: Baysic a Hut & Brewery Partner ship (A proposed rlorida Partnershi_a) Address for purposes of notice or other communication relating to the proposal: 3501 Rickenbacker Causewa Miami Florida 33149 Telephone No. 361-0808- The proposer is a Sole Proprietorship ( ); Partnership (X )� corporation ( or In the event this entity is being formed -for the. sole purpose of t.. Virginia Key Basin Property Unified Development Project, provide information on the firm(s) and/or individual(s) that comprise this new entity on the attached .Proposer" forms.Vk .._ :. _Y yr' 1:i F II-3 k a S 7 L M f 'ji■ d,x 19l P i �l1• `fia •x-�t ���7--i g'" (" x' 3 �l �5 T s.. £ 2a t ? r J van, d �`y s ►.7 pANTNgRSNip STA7ZME_NT If proposer is a partnership, answer the followings 1. Date of Ot ganization_--To be l"Od 2, General Partnership (X ) Limited Partnership ( ) 3. statement of Partnership recorded Yes ( ) No (x ) Date Book. age County _...State _ 4. Has the partnership done business in the State of Florida? Yes ( ) No ( x) When? Where? and share of each general 5. Name, address, partnership (If is a corporation tand flimited come p f. partner. partnership page for corporation.) General/ Address Share Li 1 �c�nl $a ►ai dp Re�afnr�rl Rt�cta»rant 3,y501 R; �kenbacker k s,3 Inc. Miami, F1_ 33149 50% - Ri rkpnhnckor _ - r n rat Virginia Key marina Associates, Inc. Cswy. Mi^mi F1a_111d9 50% Sys {{F 6. Attach a complete copy of the Partnership Agreement. , } To be formed.' a y ry. Z 4'. a- R ,r j aC y4 g jjj I I-'4 ' 13 tj •.T noZ - - f r x x. 1 J % 7- i r yag "33�� !!�� "RRFF �1V �6f '�yt ��Sf�: ✓j r3 t+ G� { b f f 1J t? g; P pa(W0s,ER •AFz—NAMC-1—A L.Da—TA proposer, owner corporations of proposer, and any person or business entity guaranteeing the performance.of the proposer swath standard hall attach a �amplete financial statement prepared in accordance accounting principles, reflecting current financial condition. The and et me financial report shall include a balance vered byhethe tatementlmustobe statement. The person or entity oo prepared to substantiate all information shown. Indicate which entities or persons shall be responsible for rinaneing this project and demonstrate their track record for obtaining financing of projects of similar magnitude and scope. - W, l • ri • t II_g /3 i / 91 -1 $i, { y5: P � V �Y ��� riuls �-�.5.�"��SPz�r !,�„ r a " — x F ia£ 9• _ y ;y:Cf",—�— _ _-s ,��f��� - "A rporntlon Income Tax Rctul ' OMB No.1543.012 2p;, Daplriinint of Ih�ury ret eslendat Vast 1060 at tar Vert beenning....... 0.......f lost, inlllao ..............� to ... • t almi, e..12. .,.,.. ► Instructions are aabatata. Saa ases i far Paaarwork ftaduetlan Act Notice. �f Chet:kIt11— Use CAR -RT-SORT**CR77 s Consoliditedreturn INS e Pitaanel holding ca. label. T J 5 9- 2 e 9 O 7 0 3 8 912 SO? 5800 M E Pelaonil setvlea whir* 8 A Y S 1 D E SEAFOOD RESTAURANT I N C if eofp.(itdefined In please 3501 RICKENBACKER CAUSEWAY 025 S Temp. pigs. fee. fUf FL 3 3 14 9 >t.�r--fee M p M I A M Y -. Ai tell g , Chick a kabte boxes: 0 Lj Initial return _(2)Lj Final return 3) U Change M address Its trots retelpts or:sled._ .. _ _._.__ ___ 1, _ _I b Lou feturnt and allowancesl I I coil P. 2 Cott of goods sold and/or operations (Schedule A, line 7) . . . . . . . . . . . . . 3 Gross profit (line lc less line 2) . . . . . . . . . . . . . . . . . . . . . . 4 Dividends (Schedule C, line 19) . . . . . . . . . . . . . . E8 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Gross rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Gross royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Capital gain net Income (attach Schedule D (Form 1120)) . . . . . . . . . . . 9 Net gain or (loss) from Form 4797, Part 11, line 18 (attach Form 4797) . . . . . . . . . 10 Other Income (see instructions —attach schedule) . . . . . . . . . . . . . . . 11 Total Income —Add lines 3 through 10 . . . . . . . . . . . . . . . . . . ► 12 Compensation of of lacers (Schedule E, Iine 4) . . . . . . . . . . 1 13 13a Salaries and wages I b Less Jobs credit) I I t: Balance ► 14 Repairs 8 MA f rJ, rg 4 A a e.. . . . . . . . . . . . . . . . . . . . 1, 1 a 8 15 Bad debts . N. G. q#0 * ! . . . . . . . . . . . . . . . . . . . . 16 Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 17 .Taxes . . . 18 Interest -.C*oipRrori R'D-Ga4rRGEh . 1 1 a 19 Contributions (see instructions for 10% limitation) . 20 Depreciation (attach Form 4562) . . . . . . . . . . . 2 8 21 Less depreciation claimed on Schedule A and elsewhere on retum . 121al 21 2 22 Depletion . /} 23 Advertising I M4) 'PI✓ . . . . . . 2 2 24 ; Pension, profit-sharing, etc., plans . . . . . . . . . . . . . . . . . . . . . 2 N25 0 Employee benefit programs . . . . . . . . . . . . . . . . . . . . . . . 26 : Other deductions (attach schedule) . . . . . . . . . . . . . . . . 27 Total deductions —Add lines 12 through 26. . . . . . . . . . . . . . ► va o' 28 Taxable income before net operating loss deduction and special deductions (line 11 less line 27) . 29 _ Less: a Net operating loss deduction (see instructions) . . . . . . b Special deductions Schedule C. line 20 �29b 2 30 • Taxable income —Line 28 leis line 29c Wt . . . . . . . . . . . . 3 3 31 Total tax (Schedule J, line 10) •320, n 32 hymonts:a198lorerpaymenicreditedto19t19 b`1989 estimated tax payments 321;4_ e Less 1989 refund applied for on Form 4466 32 If !al ► 32d IL 1 A a Tax deposited with Form 7004 . . . . . . . . . . . . . 32e f Credit from regulated Investment companies (attach Form 2439) . 32f g Credit for Federal tax on fuels (attach Form 4136) : .. . . 32 33 Enter any penalty for underpayment of estimated tax —Check ► ❑ If Form 22201s attacheId. 34 Tax du"If the total of lines 31 and 33 Is larger than Iine 32h, enter amount owed . . . rpsymant—lf line 32h larger than the total of lines 31 and 33, enter amount overpaid 36Enter amoun o! One 35 u went: redltedto 994ostimatod ts><► ltofund Please Sign' . He under penaitias of eclare that I w examined this return, Including accompanying schedules and statements, a belief, it b true, tort a plets. ration of preparer (other than taxpayer) IsYasidpri ap Inrormatlon or WMPX ' signature of bilker Da IF Title Prep#nt'tl Poo Only , rt tf, '' DateDatehid Check If e.ia.n, "'a name (or yaws H sel4employed) and address ' E I. No. ► ZIP code ► 4,9070A ' rd Y� Specil Instructions) 91 - 276 e I .� 12 0 U,S. corporation Income Tax Return ter slander Vast lief N Us year ballnn9nl Y Y. i .... i.. Y.Y. i look andme ...... Y Y . # ....+ meertmont 61 me fireesury w­­1L U.0.6 ..r a At 616A I1ftr1VuA11%*A_ Cheek if a— Use , .. ****** CAR—Rt•-S0KT**CR77 A borw'ad'lw"lur'" fie 1. TJ 59-2290103 8812 ' S07 5800 M i rPeraonalheUllnlee.O 0lh"BAYSIDE SCAFOOU RESTAUKANT INC t personaleerrlee wiiser a torp.(se dinned to pees 3 5 01 R I C KE N B AC K E R CAUSEWAY 023'S' Temp. Rep. set. tint 1.441.4T—see edit MIAMI FL 33149 Inetrudlons - . 1 . --_-- .�,Z:Z �,ypp —'�" ,/. c Date 'Ale �7" , IF To ne ToW sash Sins m eti ns.) hollare Wit S i 0 k applicable boxes: (1) 0 In11161 return 2 rind return 3 Chonge)n address Is Gross reteipti or ulul b less rsiurns Ind ellowantul I i e Bsl ► 2 Cost of goods sold end/or operations (Schedule A) . . . . . . . . . . . . . 3 Gross profit (line is less line 2) . . . . . . . . . . . . . . . . . . . . . . d 4 Dividends (Schedule C, line 19) . . . . . . . . . . . . . . . . . . . . . . ! Eis u = Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Gross rents . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Gross royalties . . . . . . . . . . . . . . . . . . . . 8 Capital gain net income (attach separate Schedule D) . . . . . . . . . . . . . . 9. Net gain or (loss) from Form 4797, Part II, line 18 (attach Form 4797) 10 Other Income (see instructions —attach schedule). 8 121 123 1 N 0 0 12 Compensation of officers (Schedule E) 13a Salaries anwages •�� • b Less Jobs credit) I e Balance ► 14 Repairs . . . . . . . . . . 15 toad debts . X d' e. �F�%l<S. 16 Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Taxes . . . . 18 Interest AII�K. S. 6^00e4_.4pervr4 fAP .Ci>•i1,C61 _* . . . , . 19 Contributions (see Instructions for 10% limitation) . . . . . . . �. 20 Depreciation (attach Form 4562) 2 y k,i _ S Less depreciation claimed In Schedule A and elsewhere on return . 22 Depletion . . . . . . . . . . . . . . . . . . ... . . . . . . . . Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Pension, profit-sharing, etc., plans . . . . . . . . . . . . . . . . . . . . . 25 Employee benefit programs . . . . . . . . . . . . . . . . . . . . . . 26 Other deductions (attach schedule) . . . . . . . . . . . . . . . . . . 27 Total deductions —Add lines 12 through 26 and enter here. . . . . . . . . . . ► 28 Taxable Income before net operating loss deduction and special deductions (line 11 less line 27) . 29 Less: a Net operating loss deduction (see Instructions) . . V j aki l� 13c 14 z 1g 16 z 1 18 Oo 19 216 ��• 22 23 24 25 2 27 28 30 Taxable Income (line 28 less line 29c) . . . . . . 31 Total tax (Schedule J) •• • . • • • • • • • 31 , M 32 Paymonb:a 1987 owrpeyment credited to 1988 32al II ,u b 1988 estimated tax payments 32b c Lou 1988 refund applied for on Form 4466 32c d iel ► 32d CL a Tax deposited with Form 7004 . . . . . . . . . . . . . 32e f Credit from regulated Investment companies (attach Form 2439) g Credit for Federal tax on fuels (attach Form 4136) . . . . . 32a 32h a � 33 Enter any penalty for underpayment of estimated tax —check ► (] if Form 2220Is attached 33 34 Tax duet —If the total of lines 31 and 33 is larger than line 32h, enter amount owed . 35 Overpayment —If line 32h is larger than the total of lines 31 and 33, enter amount overpaid . 36 Enter amount of line 35 vou w b Credits to 1919 estimated Us ► I Refunded ► 36 Under ptnaltles of I deelare t I have examined this return, Including accompanying sdwdulaas and statemenft and to the best of my knowledge Information has any knowledge. and Pleasebelief. tt b trw, r d ale t)adsration of preparsr (other than taxpayer) Is based on al of which propmer Sign h 3If.,, rREFf. _ Hero ' Signature of oilier Date ' Title Preparer's C•b psar'S social security number Paid signature ' Chick" last(•errt IPM a'fsPifit'1 Use Only Flrnl'sname (or ' yethra q seN•empk►yed) GI.Na ► •nd addrns ZIP code ► { G 91- 276 Ar-, d r t. i �' s ;. : -- '•k t },tom ,PERSONAL FINANCIAL STATEMENT March 23, 1990 Claude H. LaRoche 490 NE 91st Street Miami Shores, Florida, 33138=3151 ASSETS Cash CDs, Receivables Marketable Securities Partnership Interests Bayside Seafood Restaurant Inc. Marnil Inc. Automobile: 1897. Buick Regal Real Estate . Holdings Personal Property including artwork,jewelry, furniture, etc. $1500000 10,000 $ 31,000 10,000 14,000 10,500 16 ON 6,500 161,000 85,000 $489,000 PERSONAL FINANCIAL STATEMENT „s A, PERS014AL FINANCIAL STATEMENT. MARCH 2.1., i JAY M. TISOHENKEL MIAMI, FLORIDA A S S E T S Cash $ 311,000 Marketable Securities 4900000 Limited partnership, Miami Foods, Ltd. 1001000 Automobiles, 1986 300ZXO 1585 Cad. Deville 18,000 Personal Property, incl. Jewelry & Furnishings 150,000 TOTAL ASSETS $1,069,000 L I A B I L I T I E S TONIO. R.._ 2"ORA i.cash (a) prudential Bache (IRAs) 22,000.00 (b) Capital Bank (Money market) 147,oOO.00 (c) Misc. accounts & cash in hand 5,000,00 $174,000.00 2. Life Insurance Various term and accidental death policies +- $500,000.00 N/A x 3. Real Estate (a) home: 1840 So. Miami Ave., Miami, Fla. 300r000.00 '. (b) 12% interest in.Ltd. partnerships owning buildings and land at 89th St., & 117th Ave., S.W. 50,000.00 ' (c) 2.5% interest on property located at N.W. 12th St., & 122nd Ave. (Imperial Lake) 300t000.00 (d)_ 25% interest on property located at r 1313 Coral Way, Miami (office bldg. y: & three 3 duplexes). ( ) 100,000.00 (e) mortgage on property located at 107th Avenue and Kendall Drive 115,000.00 $8658000.00 4. Ron -Marketable Securities ' (a) 800 shares of Corporate Services, Inc. 10,000.00 }, (b) 500,,shares of Corporate Title & Closing Agents, Inc. 50,000.00 (c) 800 shares of ICG Realty, Inc. 100,000.00:h (d) 1,500 shares of ILR Realty, Inc. 100,000.00 (e) 666.67 shares of Virginia Key Marina 200,000.00 $370, 000.00 A; r-. r 5.: �artner,�ghie Interest k� Law practice account receivables,A, F.• � 1� furniture & equipment, good will $1000000.00 �.: 4 . • • of ,c s 1 a -14 (a) 1987 Taurus Station Wagon 7,000.00 (b) 1987 Victory 33' boat 550000.00 (0) Furniture, jewelry, etc. 50._O00'.00.. $112,000.00 TCTAL_A8OST81 $11611t000.00 i. �taal .8state_ Mortgages (a)_1840 So Miami Ave (1st mortgage) 2. other Liabilitieso (a) Car loan (b) Boat loan (c) Notes payable (d) Misc. credit cards TOTAL LIABILITIES: $287,500.00 . $187,000.00 5,500.00 45,000.00 40,000.00 10.000.00 $100,500.00 PROPOSER#_S-EXPERIENCE .. Describe in detail the duration and extent of your business experience With restaurant facilities, marine related. facilities and other commercial development, Also, state in detail the names and pertinent experience of the persons who will be directly involved in development of this project and operational management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, please include 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 inquiries from the City. You should also identify your specific role In each project. Please see accompanying introductory narrative. �Y 7 z ;. rr 2 7 t J� ;� aFb $` A � 3af � z s plopOS N'B AUESTIONtlAi_�i� Suroty In formation Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No (X ) ' jf.yes, attach a statement naming the surety or bonding company, date, said default and amount of bond, and the circumstances surrounding performance. Bankruptcy Information Have you ever been declared bankrupt? Yes ( } No ( x) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets.' Pending Litigation Provide attached sheets detailing information regarding pending in the litigation, liens, or claims involving any participant proposal. 4` f NONE - Y! ,'�`�-k..17i�.fd W'�t�Milo PROPO RR .*S FINANCIAL RRR'RRRNCES List three banks or mortgage companies with whom business transactions during the past 'three years. the rererenees named are to have knowledge of history. you have conducted At least two or .your debt payment _ Re re renee No. Robert Johann Bank of Coral Gables vice President 2701 Ponce De Leon Blvd. • c Coral Gables Florida s Name: Firm: Title: Address: Telephone: 441-9000 ` Description of business transactions. I£ loan, give date, amount, type, repayment history and other comments. Reference No. 2 pROpOSER`3 piNANCjA4 REpERENCES_CONT.6 Re Perenoe___NO..--3 Name: sergio Firm: -.-Capital Bank Title: vice President Address: 895 N.W. 37th Avenue Miamij, Florida 33125 g Telephone: 642-1104 Description of business transactions. it loan, give date, amount, type, repayment history and other comments. • • 2,: F. , V% 1 - • i� ',� f _fit 1 1 " II-10c • 'st rf - - i�yz! ¢ t ri *7 1 T _ YS PRO O R `3 pR0-JECT_ REFEREncG� List, three persons or Firms during the pest three years6 with whom you have oomPle.ted prOJOcts Reterenoe_ Noj_._1 ■ Name: nl a eo rr-fai' fEl ij.,^OtCln"`nV I ng, i nfrn ttirl•nrM narraf•i up Firm: Title: Address: Telephone: Nature and magnitude or business association: 5:.. Reterenee No. 2 Name: a Firm: Titie: ' Address: -1 - r3 Telephone: i�. Nature -and magnitude of business association:- X. ry, m th G 7 4 r r r 1 N 7 . .. .9 d .. pRopOSSN �S_ pRor_ESSIONAL CONSUI.T� AN If more than one firm is t0 be then involved separate farmVs�hall professional. consulting services be completed for each firm. professional consultants shall be licensed to practice in the State of Florida, Names, address and telephone number of professional consulting — firm. Jimenez & Cameror Architects Name 2000 So. Dixie Hwy. #214_ Street Address (Same) Mailing Address Miami, Florida 33133 City, State, Zip Code (305) 854-2499 _— Telephone Number Professional discipline (i.e. architecture, landscape architecture, registration" engineering, etc.) and State of Florida professional number` 8340 Ar�hitec-t- Registration Number Discipline 8369 Architect Registration Number Discipline Registration Number iscipline Names of principals and their titles who will be chiefly responsible for the design and engineering of the Virginia Key Basin Project.. _ President ; '- Jose A. Jimenez Title Name t, Vice President Jose..S. Camero Title ame amen, Title 11-13 " " 71t "x t J- + 11 q I '.:. �• �I rl. 1. �+�(,�r „}illlli�7�/6iI � �. c as :, rig tdd L pw _ i Established- g91#� 9 S-88 . .fir JIMENEZ' CAMERO, ARCHITECTS... ti- r, - „v _ 2000 S." >�ixie 'highway . am A Suite '� 4 4: Speaty type Of ownership en'checlE below, it applipDler try'r }}n li _� a4 rk Miami,• ;Florida 33133.. Professional Association VD0 q., r EngiArchitect-neer R. Small usin (MINORITY OtiANEi3 , . iF t Lh } i and F�slated Services tluestionnaire la. Submittal is for 0 Parent Company 0 Branch or Subsidiary Office S. Small Disadvantaged Business y • C. W Business Woman -owned ek +j r w F .. p~ Jany.­*, 5 r'tVame of Parent Com an . if an : 5a. Former Parent Company Names , if any, and Years Established: p y ` L ;;N/A I fi. _Karnes of :not more than Two; Principals to Contact Title /'Telephone i) Jose A. JimenezPresident" / (305) 854--2499 >�I 2) dose S.. Camero, Vice -President / (305) 854-2499 _ 7. 'Present Offices= City / State /Telephone / No. Personnel Each Office 7a. Total Personnel 7 Coconut Grove (Miami) / Florida / (305) 854-2499 / 7 e. Personnel by Discipline: (List each person only once, by primary function.) 'Administrative Electrical Engineers Oceanographers _Z Tn rn Architects Architects Estimators Planners: Urban/Regional _L Clerical Chemical Engineers Geologists Sanitary Engineers Civil Engineers Hydrologists Soils Engineers `. Construction Inspectors 1 Interior Designers Specification Writers. Draftsmen Landscape Architects Structural Engineers Ecologists Mechanical Engineers Surveyors ` Economists Mining Engineers i Transportation Engineers . r 9. Summary of Professional Services Fees Ranges of Professional Services trees Received: Insert' index number Last 5 Years ( ) (most recent year first) t_ Less than: StAO,00rf 19 8 7 19�fi__ 19 g 19 13 4 19_ 2 ssoaaoa to s2saaoo I SZ50 Oft to SSoo ooa ire, Federal contract work; including overseas none none 5 none none none 4 4 3 4. ssw000 to, st million $ All other domestic work . .. '' ' none none none none none s i� o ice.;awrion _ to StotL I , .. Ah other foreign work tt: SIG mutt or �n7 intnruclar! in=fnrainrs wnA- hest urithroit 4 f P.XnP.rtPnnc� i i .h grea[et F 1 I'0 _�"y_'vif x`•sj�uf.h. S. `..:, „'"wv:{Tp++r..7 fi'n,::':.. �. �'M., u.:fi"aA`..-cKVF«a-R:.Yt'!h.`'r'.,Y^.e'P7srt$::fl� .,bf.•�;§t 134 in;ry .aY!Yn.\ �t 7 -~ r-i k' 4 t t� r+ , f f F I I. i i ilr � I� f s erolt%�t cxa ace, LQa�' b Ycua . Profile Number of Total Gross fees ,.. Profile Number of Total Gross Fees Profile Number of Totat Gross Pees ...: �Otle Projects (in thousands). Code Projects (in thousands) ` Code Projects (in thousands) 1) 017 14 201030 '' 11) 079 1 113) 500 21) 2) 027 11 1,775; 12)688 1 1,750 ) 3) 039 3 4<,167 113 2 2,525 23) 4). 0.4 6 . _ -, 2 1, 3 8 3 14) 24) `5) 048 3 151150 15) 25) 6) 049 1 3'r 000 - 118) 16) 26) 7) 050 8 101 17) 27) 8) 052 1 2, 500 28) 9) 055 15 2 990 19) 29) 10) 072 6 25, 267 ' 20) 30) 11 Project Examples, Last 5 Years c"V+S Profile SIP", $SCSI, Cost of Viork Data (Acwal or Code "N", or "IE" project Name and Location Owner Name and Address (in thousands) edt 017 P 1`Sunset Station Plaza Stortford, N.V. 5,000 12/83 072 S.W. 59 Place & Sunset Drive 5975 Sunset Drive, #801 039 S. Miami, Florida S. Miami, FL 33143 017 P 2 7-Eleven Stores Southland Corporation 1,416 10/87 046 South Florida Region 1700 University Drive, #302 (118)_ sites Coral Springs, FL 33065 039 P 3 Caribe Condominium Caribe Group 7,000 6/84 017 79th Street Causeway 5975 Sunset Drive, #801 050 N.-Bay Village, Florida S. Miami, FL 33143 017 P 4 Market Basket Chest Investment 1,350 6/i 046 79 Ave. & S.W. 8th St. 400 Miracle Mile Miami, Florida Coral Gables, FL 33146 039 P 5.Agro-Tech Office Park Agro-Tech Office Park 072 S.W. 117 Ave. & 89 St. 8900 S.W. 117 Avenue Miami, Florida Miami, FL 33186 048 IE 6 Parkway General Hospital A.M.I. International 6,50E N. Miami Beach, Florida Los Angeles, California 048 ':'IE 7`Hialeah `Hospital, Hialeah Hospital 8,500 ..;` 651 E. 25 Street Hialeah,'Florida' 651 E. 25 Street Hialeah, Florida 33010 LN — .. . �,BR� UM6lR9 Plleltlelq� aK. i i ,. u» �nurge ring°�urpuia�ior� aurge.L Tini 11.7 Avenue =& `89 nZtreet 8900 S.W. 117 -Avenue Frst:=Floor Miami, FL 33186 Miami '' :Florida 050 P _, , g The Cluster Kenpal N.W. 1,500 10/84 S WA 64 Ct. & Kendall Drive 5975 Sunset Drive, #801 S. Miami, Florida S. Miami, FL 3 143 0 7 P Edward's Restaurant Eduardo Freitas 300 2/85 U.S: 1 & S.W. 99th Avenue 4805 Riviera Drive S Miami, ' Florida Coral Gables, FL" 33146 050 P Gardens of Homestead Hal White 11501 3,000 11/87 Homestead'Florida Venera Avenue, #225 Coral Gables, FL 33146 027 P 12The Comedy Shop Bob Holland 150 100, Miami`Beach, Florida 1207 Drexel Avenue, #12 Miami Beach, FL 33139 017 P 13Pet Palace Humberto Sains 100 9/85 Sunset Drive & 97 Avenue', 1501 N.E.-183_St. Miami, Florida N. Miami Beach, FL 33160 017 P University Shopping Center -North Figueredo Center LTD 6,000 2/88 S.W. 107th Avenue & 16 Street 3191 Coral Way Miami, Florida Miami, Florida 33145 017 P 15Wometco Theaters Wometco 1,000 8M' University Shopping Center -South 3195 Ponce de Leon Blvd. S.W. 107 Ave. & 16 St. Coral Gabels, FL 33146 Miami Florida 072 p 16Agro Tech Phase II Agro Tech Office Park 600 6 S.W. 117 Avenue & 89-Street 8900 S.W. 117 Avenue Miami, Florida Miami, FL 33186 017 P 17Discount<Auto Parts Discount Auto Parts ISO 1985` 30050 S. Dixie Highway P.O. Box 8080 Miami, Florida Lakeland, Florida 33802 113 P 18Kreepy Krauly U.S.A. Kreepy Krauly U.S.A. 400 7/86 Sunrise, Florida 1660 N.W. 65 Avenue, #4 Plantation, FL ,017 •P 19University Shopping Center -South Salman Realty, Trustee 50000 2 87 S.W. 1107.. Avenue & 16 Street 3191 Coral way, #401 Miami, Florida Miami, Florida -33145 �•� � � ..� - .:�. .. � 'c^Tsi,'.ti All IA 41 SI�AI�iye,� n, ':.. . l'!.,, Mai - -..tet --.:ra--rel..r-ent ��, Uu4. Biscayne: Blvd:` & 179th P.O.`"Box 450249 N°.'Miami. Beach, Florida Miami, FL 33145-0249 �17 P s;Plaza 40i 2t86o Biscayne, Blvd., P.O. Box 450249 N,.;Mi.ami,,Florida, Miami,' FL 33145-0249 A55 .' =. P 23Coco's Tropical Cafe, Coco's Tropical Cafe 25G 10�f S6 027 .2740,S.W..27 Avenue 2740 S.W. 27 Avenue Miami,_ Florida Miami, FL 33133 The, Clinic at Villa Regina Interterra Development 300 655 Brickell Avenue P.O. Box 450249 Miami, Florida Miami, FL 33145-0249 050 P 25Mr.,'& Mrs. Ramon Ortega Chango Internatioal Prod. 750 I Casuarina Concourse 905_Bayshore Drive Gables Estates, Florida Miami, FL 33131 049 P Wellesly,Inn Hotel Wellesly Group 3,OOG 5/88 N.W. 7 St. & 74 Ave. 1200 N. Federal Hwy. Miami, Florida Boca Raton, FL 33432 079 P Phillips Petroleum Phillips 66 Company 500 3/87 Hialeah, Florida P.O. Box 4833 Atlanta, GA 30302 055 P 28Futura Realty Offices Intermark 300- 4/816 7200 N.W. 7 St. 7200 N.W. 7 St. Miami, Florida Miami, FL 33136 055 P 29Terrabank Branch (Temporary) Terrabank 250 120 S.W..107 Ave. & 16 St. 3191 Coral Way Miami, Florida Miami, FL 33145 055 P 30Terrabank Branch Terrabank 400 10/8 S.W. 107 Avenue & 16 St. 3191-Coral Way Miami, Florida Miami, FL 33145 027 P. Latin American Cafeteria Bayside Latin American 400 3/g7 At Bayside, Biscayne Blvd. 3191 Coral Way, #401 Downtown, Miami, Florida Miami, FL 33145 :055 P 32 Carlos Salman Realty Offices Carlos Salman Realtyy 150. 7/86 � �► 3191.Coral Way, Fourth Floor 3191 Coral Way, #401 Miami, FL... Miami, FL 33145 I- ��,'�`��kt'3.�� �` i�r,.._."� , .,. .. �_Sc.r .....: ... _. _P. s._r �...�tiu� s_u,.n ,.. .., �.,, ..dT1_ .. .._ _:A. ._ ..., 'J, p+1., x. <_ , .. _. -. _ ,�-- ��•�y, r Z- 027 P" '' El Grande Cafeteria Mr.:Armando Vicente 1801 Coral -Way ISO fl55 at'Bayside _ Downtown..Miami,..Florida Miami, FL 33145 _ 050 p` Housing, for the Elderly (HUD) Sweetwater VOA Elderly Housing 1,500 6f87 E ' N W.;,5, St. & -108 Avenue 3813 N. Causeway Blvd. µ Sweetwater, _.Florida ... --.. Metairie, LA 70002 P 5 University Banquet Hall Latin American Cafeteria 90 9f87 Sunset:Drive & 97th 9485.Sunset Drive, #250 S,Miami FL Miami, FL 33173 027 p 36 Bakery Shop at Bayside. Carlos Salman Realty 150 3/87 055 Biscayne Blvd.- 3191 Coral Way Downtown Miami, Florida Miami, FL 33145 027 p 37 Latin American Deli at Bayside Carlos Salman Realty 100 055 Biscayne Blvd. 3191Coral Way -Downtown Miami, Florida Miami, FL 33145 027 P Latin American Cafeteria Carlos Salman Realty 250 3l87 055 Bayside 3191 Coral Way Downtown Miami, Florida Miami, FL 33145 017 P U-Stop Convenience Store Alfredo Elias 40G 11/87 10020 S.W. 39 Terrace 10020 S.W. 39 Ter. Miami', Florida Miami, FL 33165 052 24 Sparkle Ice Plant Circle K 2,500 2%98 Davie, Florida 4191 N. SR 7 Lauderdale Lakes, FL 33166 050 P 41 Caribe Homes Development Caribe Realty, Inca 100 1 Kendall & 147th 5975 S.W. Sunset Drive Miami, Florida S. Miami, FL 33143 017- P 4Z Electronics Store Mrs. Olga Bonilla 100 12/87 University Shopping Center 1595 S.W. 107 Avenue S.W. 107 Ave. & 16 St. Miami, FL 33165 Miami Florida 055 P 43 Terrabank 3rd Floor 319.1 Coral Way Terrabank 3191 Coral Way 500 7/87 Miami, Florida Miami, FL 33145 055_ p 44 Soto, Arango, Granda, Zamora,P. Soto, Arango, Granada & Zamora 250 11,f87 072 1313 Coral Way 1313 Coral Way Miami, Florida Miami, FL .33145 � r �",� .'''afar'§+., i ,rta,� a '� �` l'� i;.. +`•iii;3.a�^tr� �.;t. SW:s�-vW'� , .. .. :.t.17 n r�r;4..,...•-.,,� S.W. 107 Ave. & 16 St. 3191 Coral Way _ Miami, FL - - Miami, FL 33145 a27 P 6 Latin American Cafeteria Latin American Cafeteria 250 2192 S.W. 107 Ave. & 16 St. 3191 Coral Way Miami, Florida Miami, FL 33145 027 P 7 Food' Court"At..University Salman Realty, Trustee 150 11/87 055 Shop ping'Center-South 3191 Coral Way 07 .Ave. & 16 St. Miami, FL 33145 017 P Eckerd Drugs Jack Eckerd Corporation 400 3/88 Univ. Shopping Center -North 8333 Bryan Dairy Rd., #468.9 107 -Ave. & 16 St. Clearwater, FL 34618 Miami _Florida 017 P Publix at Univ.Shp. - North Figueredo Center LTD 107 Ave. & 16 St. 3191 Coral Way Miami, Florida Miami, FL 33145 113 P 50 Intermark - Parcels A, B, C, D Intermark 4,250 5/88 072 & E 7200 N.W. 7 St. N.W. 72 Ave. & 7 St. Miami, FL 33126 Miami, Florida 050 P Dr. Salomon Monserrate Dr. Salomon ronserrate 1,Goo 2/88 Orange County Calle Sergio Cuevas #539-A Florida Hato Rey, Puerto Rico 00955 050 P 52_Guillermo Garcia (Res.) Guillermo Carcia 750 5188 -Dorado Beach Hotel G.P.O. Box 3969 Dorado, Puerto Rico San Juan, Puerto Rico 00932 54 1 ��► ze- .12. The foregoing is a statement of facts Date: Signature- Typed Name and Title: Jose S. Camera, Vice -Prey. 9-8-88 � J w I. ��.. r }t. •'t� •. I � + iY"�i k.• (v ar_' - t � t I' I I y'}rJ• �'� ' � ' { .:•( 41.E-: i` * tj 1 jF' ter••,, , nt it t r Cq4{: fr j • mw 4a r Or 0 J1... 276 us S �,O;f /b/ tHOPOSE `5 _PRO ESS_IONAL CQNBUL?ANTS _CON' . Name sI addresses and telephone number or other design and enginnorina subnonsultants who will have a major role in designing the Virginia'Key Basin Project. acne or FIrM "- 03 Street Address 835-Sunset -Drive--Suite 03 Mail ng ,Address _Miami Florida_331.73 City, State, Zip Code 596-0707 , elephone Number a EXPERIENCE OF PROPOSSR`5 pROPESSIONAL CONSULTANTS NOTE: If more than one firm is to be involved in providing professional consulting services then a separate form shall be oompleted for each firm. Describe in detail the extent of your experience with special emphasis upon A&E• experience related to restaurant and marine - related facilities development of similar magnitude and scope- as the proposed Virginia Key Basin Project. r Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please include photographs or, other illustrative material depicting projects that will demonstrate your qualifications to design a quality development for the project. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. The firm of Jimenez & Camero has been involved in the design of various types of restaurants and marina related facilities. Antonio Jimenez was project architect for "The Falls" shopping center in which four major restaurants were part of the overall development. "The Coaster" restaurant was designed directly over the water theme of the center. "The Old Fish Market" and "T.G.I. Fridays" were designed at the water's edge. The fourth restaurant was • "The Vines". Other restaurant projects include the "Foxfire Inn", in Ocala. "Edward's Restaurant" in Kendall, "Coco's Tropical Cafe" in Coconut Grove and several Latin American Cafeterias. As`far as marine related facilities the firm of Jimenez & Camero is the architect of record of Virginia Key Marina. The firm was also involved in the Miami Marine'Merchandise Mart, a marina commercial and hotel development of approximately 1#000,000 square feet. Another project is the "Islander Villas & Marina" of Tavernier, Florida. _ NO' If more than one firm is to be involved in providing professional consulting services then a separate Form shall be completed for each firm. List two persons or firms for whom you have completed projects during the past three years. Reference_ No. 1 Name: Georcle F Knox e Firm: Lon & Knox Title: Member. Address: 4770 Biscayne Blvd, Suite 1460': Miami, Florida 33137 Telephone: 576-7777 Nature and magnitude of business association: Attorney representing ro oser. Reference No: 2 Name Firm: Title: Address: Telephone: Nature and magnitude of business association: 1 #fix I' QUALIFICATIONS BRIEF GEORGE ?.- KNOX EMPLOYMENT HISTORY July 1984 � Presents Member. LONG & KNOX (Not a Partnership or Professional Association) Litigation; Administrative Law; Specialize in Public Finance, Land Use & Local Government; Special Counsel to the City of Miami Beach; Co -Underwriters Counsel & Co -Bond Counsel in transactions exceeding $400M in 1988/89; Special Counsel to the City Riviera Beach; a+` advice and counsel provided to corporations regarding - EPA standards and compliance; advice to local govern- ment res water resource management and disposal, - especially in connection with Miami River clean-up and i City of Miami stormwater removal program; civil trial practice including wrongful death and personal injury cases, complex real estate transactions. June 1982 - July 1984: Partner, PAUL, LANDY, BEILEY HARPER, P.A. Oct. 1976 - June 1982: Aug. 1980 - May 1982: Duties included general corporate; counsel to Hialeah Redevelopment Agency; Co -Underwriters Counsel to Dade County Public Public Schools; 1983 Tax Anticipation Notes Issue ($60 million); Special Counsel to City of Miami. City Attorney and Director of Law Department, CITY OF MIAMI, FLORIDA General Counsel of municipality with population of 357,000. Legal advisor to City Commission; responsible for all civil litigation involving City including torts, condemnation and general litigation. Supervisor of approximately 40 persons, including 13 attorneys. Supervised outside counsel on labor and EEOC matters, and co-ordinated with Bond Counsel on such special issues as the Miami Convention Center (Knight Center). Lecturer, Nova University Center for the Study of Law, Fort Lauderdale Local Government Law. dan. 1978 May 1980: Lecturer, University of Miami School of Law, Coral Gables, Florida State and Local Government Law. -Aug. 1975 Oct. 1976: Assistant professor of Law, University of Arkansas, Fayetteville, Arkansas Courses taught - Real and personal Property; Land Finance and Development; State and Local Government. Jan. 1974 - July 1975: Assistant City Attorney, City of Miami, Florida Primary duties included preparation and approval of all municipal contracts; revision of standard forms; Affirmative Action activities; litigation. Sept. 1973 `= Aug. 1974: Lecturer, University of Miami School of Business: Administration Taught courses in Business Law to undergraduate 3 students. PROFESSIONAL MEMBERSHIPS ° The Florida bar - 1973 Chairman Local Government Section, 1980- 81 Local'Government Liaison Committee Travel Programs Committee ° National Institute of Municipal Law Officers (NIMLO) Board of Trustees, 1976-1982 ° U.S. District Court, Southern District of Florida ° U.S. Court of Appeals for Fifth Circuit ° U.S. Supreme Court ° District of Columbia Bar ° American Bar Association ° National Bar Association ° Association of American Law Schools ° Black Lawyers' Association i ° Florida League of Cities ° Association of American Trial Lawyers Academy of Florida Trial Lawyers C 11 CURRENT CIVIC ACTIVITIES " Chairman, Miami Sports & Exhibition Authority ° Member, Greater Miami Chamber of Commerce Board of Governors Member# Florida Memorial College Center of Excellence ° Board of Directors, YMCA of Greater Miami Trustee, Miami Book Fair International Member, The Miami Coalition for a Drug Free Community Member, Parent Resource Center of Dade County Member, New World Center Foundation Member, Greater Miami Tennis Patrons Foundation Trustee, Miami Coalition for Care to the Homeless Member, Dade County Fair Campaign Practices Committee ° Member, Board of Directors, Greater Miami Convention & Visitors Bureau PUBLICATIONS The Barrister, (A University of Miami Law School Publication), Law and Psychiatry, 1973 ' The Use of Quotas as an Interim Remed for Past i Discrimination, NIMLO Annual Meeting, ` October, 1974 - The Black Attorney in Legal Education, Symposium on the Black Attorney In Arkansas Today, April, 1976 Why We Need Cities, NIMLO, October, 1976 Open Meeting Laws and the Attorney/Client Privilege, ' NIMLO, October, 1977 Municipal Regulation of "Adult Entertainment - The ;;- Game Without Rules?", Nova Law Journal, 1979 "Your Law", Florida Bar Publication Abolition of Sovereign Immunity by Constitutional Amendment Proposed in Florida, The Municipal Attorney, July, 1978 Government Liability - The Defendant's Viewpoint, Academy of Florida Trial Lawyers' Annual Convention, October, 1979 EDUCATION 1966 Michigan State University East Lansing, Michigan B.S. (Zoology) 1973 University of Miami School of Law Coral Gables, Florida Juris Doctor Degree 9t- 27 i 1 80f SRR'S _GENE_RAL COMA "TO-0--CONSTRUCTION MANAGER Name, address and telephone number of general contractor or oonstruotion- manager: Jimenez & Ca ero Archite is Name 2000 So. Dixie Hwy., Me Address (Same)_ Mailing Address Miami, Florida 33133 City, State, Zip Code (305) 854-2499` Telephone Number {' t General Contractor License No.: General Contractor to be selected at a later date. Specify: State.of Florida/County VI . .... ... ... I I-17 ` .. yet � �r::�•.,. e Describe in detail the duration and extent of your experience with special emphasis upon experience related to restaurant and marine; related commercial facilities developments of similar magnitude and scope. as the proposed Virginia Key Basin Project. 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 to construct a quality development for the -Virginia, Key Basin•Project. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. please refer to Jimenez & Camero, Architects references. II-18 8t 9 r] PR2POSSR.'S —CONTRAM-4--oft CON$ Cnom _Q11taxio N'M kI R P. . ---QERERAL TRI�. -A&MAgER, Surety Informs ti on Has any surety or bonding company ever been required to perform upon your default? Yes No ( X If yeal attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? Yes No (x If Yes, state date, court jurisdiction, amount or liabilities, and amount or assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. NONE V*k Yi X 91 2 7-6 Nt J 'I . . . . . . . . . . . ...... ..... List two persons or firms with whore you have completed project$ during the past three years. Reference_ No.__I it Name: references. Firm: Title: Address: PROp;SER'S_ OPERATIONAL _MANACRR N0� If more than one firm. . is to. be involved in providing operational management services (i.e. one firm operating/ managing the proposed restaurant and another firm operating/managing other types of uses proposed), then.a separate form shall be oompleted for each firm. Name. - Street Address: 350- gickenbacker_ ausewav_- Miami, Florida 33149 Mailing Address: SAME AS ABOVE Telephone: (305) 361-0808 -_ - Names of, principals and their titles who will be chiefly responsible for operational management of the proposed project. ,golf Gerstner Name Claude Laroche Name Jay Tischenkel Name President Title E Exec. Vice President itle - Vice President/General_____ Title Manager Names, addresses, and telephone number of other management contractors who will have a major role in the operational management of the project. Name of Firm V % Name of Firm ; Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact •a JCE'E�t_LENC S,rl?M_NX. 0_R,o�OSER `_S -OPERATIONAL MANAGER NOTE If more than one firm is to be involved in providing operational management services .(i.e. one firm operating✓managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Describe in detail the duration and extent of your operational Management experience with particular emphasis upbn restaurant experience .and/or commercial marine -related facilities. Also, state in detail the names and pertinent experience of the principals who will be directly involved in operating and managing the restaurant and/or other types of uses proposed. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to operate and manage a restaurant and other types of uses proposed at the Virginia Key Basin Project..— The name and address should be given For each project identified as well as for persons familiar with' similar facilities managed who could respond to inquiries from the City. You should also identify your specific role. See accompanying introductory narrative. f PROpOSRR'S OPERATIONAL MANAGER URSTIONNAIRR N2TE: If more then one firm is to be involved in providing operational management services (i.e. one firm operating/managing the proposed restaurant and another firm operating/managing other types of uses proposed), then a separate form shall be completed for each firm. Surety information �rr�rrr Has any surety or bonding oompany ever been required' to perform upon your default? Yes ( ) No ( x ) If yes, attach a statement naming the surety or bonding company, date amount of bond, -and the circumstances- surrounding said default and performance. ankruptcy,Information Have you ever been declared bankrupt? Yes t ) No ( x) {' If yes, state date, court jurisdiction, amount of liabilities, and amount or assets. Pending, Litigation Provide on attached sheets detailed information regarding pending litigation liens, or claims involving any participant in the proposal. NONE rr� V i S. VIRGINIA KEY BASIN PROPERTY REVIEW COMMITTEE FINAL REPORT TO THE CITY MANAGER l: z a FEBRUARY, 1991 ' =s i' : y .tn S 1 Pebruary , 1991 Mr. Cesar H. Odio _ City Manager City of Miami 3500 Pan American Drive Miami, Fl. 33133 Dear Mr. Odio: In response to the City of Miami's Request for Proposals (RPP) z for the Unified Development Project (UDP) of a restaurant with ancillary marine -related commercial and recreational uses on the Virginia Key Basin Property issued June 21, 1990, one response was received. >s The seven member Review Committee selected to evaluate the proposal convened a total of four times and on January 8, 1991 voted to recommend to the City Manager the acceptance of the ''- proposal received from Bayside Seafood Restaurant, Inc. and Virginia Key Marina, Inc.. The proposal was evaluated based on - the following six criteria outlined in the RFP document: 1. Experience of the proposer 2. Capability of the development team 3. Financial capability, level of . financial commitment 4. Financial return to the City 5. Overall project design 6. Extent of minority participation In accordance with the City of Miami Charter, Section 29-A (c) and the City of Miami Code, Section 18-52.9, enclosed is this Committee's Final Report outlining its deliberations and Y, evaluation of the proposal submission. On behalf of the entire Review Committee for the Virginia Key Basin Property UDP, we appreciate the opportunity to participate with you in bringing to Miami a quality restaurant with marine related commercial and recreational uses. k Sincerely Captain Robert Lewis Chairman } i ¢¢¢ i 1'y _�f'�/j 74{ f'E y. jF `tk ,n.. �, 3..5.Lw.» -.._.. _•: ,. _ Y LAM tRA� r w,.m ,..- ,. +..n.....w. . i F MEMBERS OF THE RRVIEW COMMITTEE VIRGINIA XEY BASIN PROPERTY OF THE. MEMBERS _PUBLIC CAPTAIN ROBERT LEWIS WATERFRONT BOARD CHAIRMAN DICK BRIGGS MARINE COUNCIL DOSE ARELLANO MIAMI ROWING CLUB CHARLES ANKRUM POWER BOAT RACING ASSOC. }' fil MEMBERS FROM THE CITY OF MIAMI ALBERT RUDER PARKS, RECREATION AND } PUBLIC FACILITIES DEPARTMENT ANNE WHITTAKER GENERAL SERVICES ADMINISTRATION ANNA GELABERT PLANNING, BUILDING AND ZONING 1f r j:, t -1- yx y. hS'' Z •a, }, _ �i .— — .jib. ", M BACKGROUND Resolution No. 90-449 adopted on June 7, 1990 authorized the issuance of a Request for Proposals (RFP) for the Unified Development of a restaurant with ancillary marine -related commercial and recreational uses. The proposed site is approximately 2.88 acres of City owned land located adjacent to and immediately west of Miami Marine Stadium. The City Commission, through Resolution No. 90-0049, appointed seven members to a review committee charged with evaluating the proposal in response to the City's RFP and to render a written evaluation of its findings to the City Manager as required by City of Miami Charter Section 29A(c) for Unified Development Projects. Resolution No. 90-0049 further selected Sharpton, Brunson & Company, a Certified Public Accounting Firm to analyze the financial capability, commitment and projections of the proposal submission. Sharpton, Brunson & Company subcontracted with Aldo Lastra a minority owned firm. The Request for Proposals document issued June 21, 1990, sought an unified development package from a private entity to include planning and design, construction, leasing and management of a restaurant and marine -related commercial and recreational uses. The due date for the proposal submission was September 21, 1990. The City of Miami received one (1) response to RFP from Bayside Seafood Restaurant, Inc. and Virginia Key Marina Associates, Inc. PROCEEDINGS The Review Committee appointed by the City Commission held a ,total of four (4) meetings. Throughout the proceedings, the Committee observed requirements as set forth in the "Government in the Sunshine" Law and "Public Records" Act. All meetings were advertised and recorded. The first meeting of the Review Committee was held on October 23, 1990. At this time, the Committee was briefed on the Unified Development Project process and its responsibilities for evaluating the proposal submission. At the second meeting of the Review Committee members toured the proposed location for the restaurant and marine project. The Review Committee members questioned the closure of the public boat ramp. While the closure did not impact the evaluation of the proposal for this project, staff was unable to ascertain the extent of repairs or the time schedule for complr-:t2.ng said repairs. -2- i ?Of The third Review Committee meeting was held on November 20, 1990, at which time a presentation was given by Bayside Seafood Restaurant, Inc. and Virginia Key Marina Associates, Inc.. After the presentation, the Review Committee requested the City obtain the appropriate copies of the licenses for the architect, engineer and general contractor. Additionally, the committee requested the Law Department provide information as to the acceptability of a partnership responding to the RFP instead of an already formed Florida corporation. The fourth and final meeting of the Review Committee was held on January 0, 1991. As requested by the Review Committee, the Development Division provided the members with copies of the professional licenses for the architect, engineer and general contractor of the proposed team. Additionally, the Law Department informed the committee that the City reviewed the joint venture as a partnership between the principal of the two corporations submitting the proposals. If the relationship is viewed strictly as a partnership the City does not have a problem with the proposal as submitted provided the City can hold accountable those persons submitting the proposals. At this meeting, representatives from Sharpton, Brunson and Company (Certified Public Accountant firm evaluating for the City the financial capability of proposer) presented their analysis of the Bayside Seafood Restaurant, Inc. and Virginia Key Marine Associates, Inc. Committee members were given the opportunity to discuss aspects of the Accountants report prior to commencing - their evaluation. The remainder of the meeting was dedicated to .the Committee formulating its recommendation to the City Manager. EVALUATION PROCESS City of Miami Charter Section 53(c), Unified Development Projects, requires the Review Committee to "evaluate each proposal based only on the evaluation criteria applicable to the Review Committee and contained in the Request for Proposals". The applicable criteria and percentage weighting as issued in the RFP are as follows: 1. Experience of the proposer 15% 2. Capability of the development team 15% 3. Financial capability, level of financial commitment 20% 4. Financial return to the City 20% 5. Overall project design 20% 6. Extent of minority participation M Total 100% -3- 4 A score sheet consisting of a matrix that' included the above criteria, preassigned percentage weights were distributed to each Committee member present.. The Committee discussed the criteria prior to its members scoring as a group the proposal under evaluation. The evaluation criteria score sheets are included as Appendix A. The following was the conclusion of the evaluation process: The Review Committee had reservation' in unconditionally recommending the proposal submitted by Bayside Seafood Restaurant, Inc. and Virginia Key Marina Associates, Inc. Therefore, the Committee's recommendation is subject to the following conditions, as a minimum being met prior to referendum and contract negotiations% 1) the proposer shall finalize the organizational and team structure 2) the financing plan as well as any other financial information for this project shall be completed and verified by an accounting firm and/or a Department identified by the City 3) a minority participation plan shall be submitted and approved by the City. The contract shall include protective measures for forfeiture of the development rights be included in the contract to make _ certain the leasehold property will revert to the City if development does not occur within a reasonable period of time. The contract shall include the City's right to approve changes in the makeup of the developer's organization structure as well as variations to the design of the project. The contract shall include as a minimum requirement, the developer's full compliance and commitment to all improvements and aspect of the proposed development plan. Further discussion did not result in any additional actions. The score sheets are attached for the City Manager consideration in formulating a recommendation to the City Commission. -4- 4 f 91- 27 Y. Two Committee Members, Jose Arellano and Charles AnKrum, Jr., were absent from all meetings. All correspondence between the Review Committee, City Staff, Sharpton, Brunson and Bayside Seafood Restaurant, Inc. and Virginia Key Marine Associates, Inc.; proposal documents; supplemental materials; tape recordings of the Review Committee meating; and any other materials related to the 'Virginia Key Basin Property are on file and available at the City of Miami Department of Development and Housing Conservation, Development Division. } r ' • -,'*PAR !OF-. -PARCEL 1-8 PROROSEng�g — RESVIVZ�i7 Sli-E77- IF ALn existlffg- r s Aq-pwL- _e *sa' P'p 0 P'o ISITE LOC,ATIOIV-t�-," MIAMI CITY LIMITS—` V` A E COUNTY MIAMI MARINE STADIUM GROUP SUMMARY City of Miami UNIFIED DEVELOPMENT PROJECT .a ,,...) EVALUATION FOAM 1111FORENCK:_01tv of Miami Administrative Policy,No. 1.,89 _ _ _. INSTRUCTIONS: 1. Subjective Evaluation to be completed by Committee Members. Rank: 2. Points assigned column to be completed by Development staff. Project: Virginia Key Basin Property Proposer. Bayside Seafood Restaurant, Inc and SUBJECTIVE EVALUATION (SE) ' CALCULATIONS Excellent Poor POINTS ASSIGNED CALCULATED VALUE Virginia Key Marina Associates EVALUATION CRITERIA 6 5 4 3 2 1 0 (PA) (SE x PA) X 15 60 Experience of the Proposer Capability of the Development Team x 15 60 Financial Capability, x 20 0 Level of Financial Commitment X 20 60 Financial Return to the City X 20 100 Overall Project Design X l0 20 Extent of Minority Participation Other. Other. TOTAL 100 306 ' To Be Used For Tie Breaking TOTAL + + + + + + _ Purpose Only Committee Member. Name Printed Signature Date D DL/AL 001 Rev.' 04788 j wf MEW j,,►,, CRY of Miami UNIFIED DEVCLOPMENT PROJECT EVALUATION FORM REFERENCE: Ci . of Miami Administrative Policy No. 1-69 INSTRUCTIONS: 1. Subjective Evaluation to be completed by Committee Members. Bank, 2. Points assigned column to be completed by Development staff. Project Proposer SUBJECTIVE EVALUATION (SE) CALCULATIONS Excellent poor POINTS ASSIGNED CALCULATED VALUE EVALUATION CRITERIA 6 5 4 3 2 1 0 (PA) (SE x PA) Experience of the Proposer Y 110, %�j610 Capability of the Development Team WPL i � Financial Capability, Level Financial Commitment 0 %� O of Financial Return to the City Overall Project Design �( 70,0 /0 0 Extent of Minority Participation x / 0 :1 D Other. 4Other. TOTAL 100 .300 To Be Used For Tie Breaking TOTAL + + + + + + — — Purpose Only Committee Member. / Name Printed Signature Date D IOL/AL 001 Rev. 04/86 City of Miami ,.tit lilt, UNIFIED DEVELOPMENT PROJECT ��; ►,: EVALUATION FORM gEif:'ERENICE -City,-of Miami Administrative Polic No. 1-89 INSTRUCTIONS: 1. Subjective Evaluation to be completed by Committee Members. Rank: 2, Points assigned column to be completed by Development staff. Project: Proposer: SUBJECTIVE EVALUATION (SE) CALCULATIONS Excellent Poor POINTS ASSIGNED CALCULATED VALUE EVALUATION CRITERIA 8 5 4 3 2 1 0 (PA) (SE x PA) Experience of the Proposer Capability of the Development Team Financial Capability, Level of Financial Commitment D Financial Return to the City Overall Project Design Extent of Minority Participation L, I U p Other.. Other. TOTAL, 100 JC'G To Se Used For. Tie Breaking TOTAL + + + + + + _ Purpose Only Committee Member t9NA i I i R 1TtAAEIti.. Name Printed Signature Date D IDL/AL 001, Rev. 04/88 City of Miami ( Nlff UNIFIED DEVELOPMENT PROJECT EVALUATION FORM REFERENCE: Miami Administrative Polic No. 1-89 -City -of INSTRUCTIONS: 1. Subjective Evaluation to be completed by Committee Members. Rank: 2. Points assigned column to be completed by Development staff. Project: Proposer. SUBJECTIVE EVALUATION CALCULATIONS (SE) Excellent Poor POINTS ASSIGNED CALCULATED VALUE EVALUATION CRITERIA 6 5 4 1 3 2 1 0 (PA) (SE x PA) Experience of the Proposer g" Capability of the Development Team / O Financial Capability, v'I Level of Financial Commitment Financial Return to the City 6c) Overall Project Design O Extent of Minority Participation th a Other 'Other. TOTAL 100 To Be Used For Tie Breaking TOTAL + + + + + + _ Purpose Only Com MembQ Signature Date Name Printed D IDL/AL 001 Rev. 04/88 ' r • 6 5 A _- 1 �� ► City of Miami UNIFIED DEVELOPMENT PROJECT ��•q , EVALUATION FORM RIEFERENCECIty of Miami Administrative Policy-, No, 1-89 INSTRUCTIONS: 1. Subjective Evaluation to be completed by Committee Members. Tank: 2. Points assigned column to be completed by Development staff. Project: Proposer: SUBJECTIVE EVALUATION (SE) CALCULATIONS Excellent Poor POINTS AS D CALCULATED VALUE EVALUATION CRITERIA 6 5 4 3 2 1 0 (PA)IGN (PA) (SE x PA) Experience of the Proposer 1G Capability of the Development Team Financial Capability, Level of Financial Commitment Financial Return to the City CJ Overall Project Design u Extent of Minority Participation 0 Other. •Other. 100 TOTAL To Be Used For Tie Breaking TOTAL + + + + + + — — Purpose Only Committee Rember. ' Name Printed Signature Date D IDL/AL 001 Rev. 04/88 S m� fi,.: ''% _ CITYOF MIAMI UNIFIED DEVELOPMENT OF THE VIRGINI KEY BASIN PROPERTY REPORT TO THE CITY MANAGER FEBRUARY, 1991 x W I. INTRODUCTION The City of Miami has extended an invitation to qualified and experienced developers to submit proposals for the development of 2.88 acres of waterfront land on Virginia Key along the Marina Stadium Basin shoreline for restaurant and marine -related or dependent commercial and recreational uses. The City owned parcel is located between the Miami Marine Stadium, a public facility operated by the City of Miami, and a boat ramp and dry rack storage facility operated privately as a ,F land lease from the City. k On July 23, 1987, the City Commission passed Resolution 87-760 adopting in principle the Virginia Key Master Plan, that among other things, set forth a general development and implementation program for public owned properties on Virginia Key. On September 14, 1989 the City Commission adopted Resolution 89-771 declaring that the most advantageous method to develop certain improvements on the Virginia Key Basin parcel offered' herein is by the "Unified Development Project" process as set forth in City Charter Section 29-A(c) and City Code Section 18-52.9. Resolution 89-771 further authorized the preparation of a Unified Development Request for Proposals (RFP). A public Hearing was held June 7th, 1990 to take testimony regarding the Request for Proposals and to authorize issuance of the RFP.' 1 r�� At the conclusion of the Public Hearing on June 7th, 1990, the City Commission adopted resolution 90-283 which authorized y� the issuance of this Request for Proposals, appointed a seven 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. one proposal was received by the City in response to the RFP.. The proposer is a proposed joint venture of Bayside Seafood Restaurant Inc. and Virginia Key Marine Association, Inc., a to v� be -formed corporation. - The proposer made an oral presentation to the Review Committee on November 20, 1990. Representatives of our firm also met on two occasions with the representatives of the proposed development team to obtain information clarifying certain assumptions included in the written proposal. The basis for this report is the information and data presented in the respective proposal documents and the additional information from the proposer as requested by the Review Committee. This report is intended to provide the City Manager with sufficient analytical information to make an evaluation of -- the proposal's financial aspects. 91- 276 EXECUTIVE SUMnRY II. EXECUTIVE SUMMARY -sap-arience _of proposer and Capability of Development Terra . Two of the seven members of the proposed joint venture team', Rolf Gerstner and Claude H. LaRouche, have a significant amount of experience in the restaurant industry. These -two principals of the proposed joint venture who are currently the day to day operators and have been for the past 8 years of the Bayside Seafood Restaurant currently located on the proposed development site will be the operators of the new proposed restaurant. The architectural and civil engineering consultants listed in the proposal appear to have significant experience in the design and development of commercial real estate including various restaurants. A member of the development team has its general contractors license and as a result, it appears that the development team will act as the construction manager of the project. However as of the date of this report, a construction team has not been selected. Analysis of Construction Cost The projected construction cost is related to theproposed design and development of the restaurant and related amenities. The total estimated construction cost is $2,570,000. Y}` 3 �r h gazed on a review of the cost as set forth in the proposals it should be noted that sufficient assumptions were not provided to validate or substantiate the estimated cost such as, a detailed breakdown of the cost related to the infrastructures details of equipment and fixtures cost, details of specific soft cost to be incurred and details of other construction related expenses (landscaping, contingencies, impact fees, permits, etc.). Also a sufficient level of detail was not provided to enable us to analyze the appropriateness of the estimates, such as a written estimate from a general contractor. r3 Financial Capability, Level of. -Financial --Commitment t The proposer indicated that the financial resources of each shareholder is committed to the development of this project. The proposal indicates that the net worth of selected shareholders is approximately $2,185,000 of which approximately $554,500 is considered to be in liquid assets. Although there is a _ representation of financial commitment by the shareholders, they do not appear to have sufficient resources to entirely fund the development of the proposed project. Also, there does not appear to be a cash reserve provided for during the start-up of the restaurant's operations. Lack of such cash reserve could . severely impact the financial" viability of the development and operations of the project. The developer team has not specifically identified in the... proposal any other commitments for financing the cost of the, development of the project. However, among other apparent strategies, consideration has been given to the syndication of 4 shares in one of the proposed joint venture partners (yet to be _ formed). No commitment letters have been received from proposed Y joint venture principals nor has any syndicated shares been subscribed to. z 4 aSI "a 276 . x- Based on a review of the cost as set forth in the proposal, it ' should be noted that sufficient assumptions were not provided to validate or substantiate the estimated cost such as, a detailed breakdown of the cost related to the infrastructure, details of equipment and fixtures cost, details of specific soft cost to be incurred and details of other construction related expenses (landscaping, contingencies, impact fees, permits, etc.). Also a sufficient level of detail was not provided to enable us to analyze the appropriateness of the estimates, such as a written estimate from a general contractor. Financial capability. Level of Financial Commitment The proposer indicated that the financial resources of each shareholder is committed to the development of this project. The proposal indicates that the net worth of selected shareholders is approximately $2,185,000 of which approximately $554,500 is i considered to be in liquid assets. Although there is a representation of financial commitment by the shareholders, they do not appear to have sufficient resources to entirely fund the development of the proposed project. Also, there does not appear to be a cash reserve provided for during the start-up of the ` restaurant's operations. Lack of such cash reserve could severely impact the financial" viability of the development and operations of the project. The developer team has not specifically identified in the proposal any other commitments for financing the cost of the. development of the project. However, among other apparent strategies, consideration has been given to the syndication of shares in one of the proposed joint venture partners (yet to be formed). No commitment letters have been received from proposed joint venture principals nor has any syndicated shares been subscribed to. r; 4 276 zyz F Eoonomio inability and Evaluation of hssumutions The proposer has indicated that its project will include a full service restaurant, a brewery, retail shops and floating R dock facilities. Factors to be considered by the reader of this report include: Sufficient operating assumptions were not provided to substantiate the pro -forma projections or to allow for a - meaningful evaluation. FC. No cash reserve was factored in during the start-up of the restaurant's operations. Thus no indication was made as to how a cash short fall would be funded. This becomes *_ significant in that based on the current projections, no funds would be available to purchase items for opening, such as beer, wine, food and other inventory items required to open the doors of a restaurant. The relationship of expenses as a percent of sales appear to o be understated when compared to industry statistics for the most profitable restaurants during 1989 as well as the historical results of operations of the restaurant currently, located on the proposed development tract. If the projected '' H operating expense figures are understated correspondingly the annual net income (profit) will be overstated. This 4hf becomes significant because in the event that net income projections are not met cash shortages could result and thus effect the proposers ability to pay operating expenses which ° include lease payments to the City.: x j ep - h i Al a: S! y. �y 24 �t 276 t 3 a 4 N&L E SaonoMia RdtUXWTO_The -City The value of capital improvements made to the Unified Development site, projected lease payments and property tak payments represent the most significant economic benefits to the city. The present values of the projected lease payments to the city for a 10 year, 15 year and 20 year period are: 10 year $ 1,659,633 15 year $ 2,343,768 20 year $ 21939,689 In order to determine the sensitivity of the economic return to the City to decreases in revenues, an analysis was performed assuming that projected revenues were reduced by 10% and 20%. An analysis was also done to compute projected return to the city by re -computing operating expenses based on rates exhibited by industry averages. The results of the sensitivity analysis as reflected in Exhibit 1 show that when sales decrease by 10% the present value of the 10 year return to the City is reduced from $1,659,633 to $11527,887. When sales are reduced by 20% the present value of the 10 year return to the City is reduced from $1,659,633 to $1,402,336. This analysis becomes significant in that the city as a. requirement to entering into a lease requires that the fair: market value for the land being leased be recovered over the term of the lease. In this instance the fair value for the prope rty. based on the most recent appraisal is approximately $2,000,000. The above analysis and the Exhibit 1 show that a 10 year lease will not yield a return equal to at lease the $2, 000, 0'00 fair' value of the property being leased. ■. 6 Ri 70- IL t 4 C rya Lit, 2`6 i III. EXPERIENCE -OF PROPOSER AND CAPABILITY OF DEVELOPMENT TEAM — Experience of__Proposer This portion of the report contains a summary of the information contained in the proposal regarding the proposer's experience and the demonstrated capability of the development team. The purpose of the following information is to summarize the* key aspects of the proposer's and development team's experience and capabilities which are most relevant to the unified Development. The proposer is a Joint Venture to be formed between Bayside Seafood Restaurant, Inc. and Virginia Key Marina Association, Inc. Three of the principals in the joint venture have .experience in the management and operations of restaurants as well as experience overall in the hospitality industry. As discussed in the executive summary, two of the principals who have operated the restaurant currently located on the development site since 1982 will be in charge of the day to day - operations of the new proposed restaurant. The joint venture partners follows: Bayside Seafood Restaurant Inc. - 50`k Rolf Gerstner 50% Claude H. La Rouche 50% Urna Gray Jay-Tischenkel Nilthe`Romero 7 Vircrinia_. Rey _Marina_ Association, Ino. +5osk (A To. Me. _Formed Florida Corporation) Antonio Zamora 2.5% Tony Zamora Jr. 2.5% Alberto uonnini 2.5-v Antonia Jimenez. 2.5% other Investers 40% The resumes of Claude H. La Rouche, Executive Vice President and Treasurer, Rolf Gerstner, President and Jay Tischenkel, Vice President and General Manager, are included in the g , proposal. No ti �- development experience is discussed. Since no resumes were provided for any of the other shareholders, we assumed that they were merely investors and not operators of the proposed restaurant. 1 Capability of Development Team The development team, as indicated in the proposal, includes the following key individuals and or entities: General Contractor - Carlos E. Martinez Architectural Firm - Jimenez & Camero Engineers & Consultants - Jurado & Associates Mariano Corral & Associates Jimenez and Camero, based on data provided in the proposal, has significant experience in the development of commercial real property including several restaurants. The proposal made reference to projects completed during the years 83-88. No reference was made to any projects completed during the 1989 and 1990 years. s .2.05 r 276 z _ rrk ..,......may �+e. y The proposal did not furnish any information on the relevant experience of the selected engineers or other consultants. We are therefore unable to assess the capability of those members of the development team. The general contractor for the project has been selected and will act solely as the construction manager. However, other sub- contractors have not been selected as of the date of the proposal. The contractors are typically very significant members of the development team. As such, it becomes difficult, at best, to evaluate the capability of the development team as a whole.` ANALYSIS Off" CONSTRUCTION COSTS 1 i e 4 IV. Ol" CON01'RUCTION C08T8 x The City of Miami Request for Proposal p sal required that,. the following be included in the j proposal for new restaurants. l i • "That the proposed architecture be responsive to the South Florida sub -tropical climate and it's waterfront settings.,, _ • "A detailed construction cost estimate shall be fern for the entire fished proposed development including all improvements.,, In addition the City requires that all site improvements comply with all applicable code requirements, all signage must be reviewed and. approved by the City of Miami PlanningDe and that the successful partment proposer shall be responsible for acquiring all required permits and licenses. The proposer's construction cost breakdown includes cost of $2,920,000 however, total $600,000 of this amount is considered to be "Compensation to Existing Tenants.,, This amount was included in the budget in the event another firm was award ed ded the Because the existing owners of the restaurant and marina facilities were the only group to submit a proposal this item will not be included as a cost of constructionthis thuu s the construction cost to $2,320,000. k Representatives of our firm met with representatives 4 of the ..proposers to .discuss points of clarification regarding the construction cost estimates � used and the underlying assumptions _w x 1 10� s • fti }r. x' t t: } 3 � Based on our meetings significant points: we were able tb identify the following ...- The total square footage for the proposed restaurant and related facilities is approximately 12,000 square feet, 8,000 square feet for the proposed restaurant and 4,000 square feet for the commercial and related areas (including the floating docks). The construction cost category "Infrastructure" includes �J only those costs related to the construction of the building —" shell including related plumbing, electrical, etc. The _ proposer estimates the cost will be $60.00 per square foot 4 ---- or $720,000. We were not able to further analyze the reasonableness of this amount as the proposer did not y provide a detailed analysis of how the $60.00 per square Tw foot was derived. y The proposer has estimated that the cost of improvements will total $500,000. This includes landscape, external -'- signs, etc. In addition the proposer estimates that the -_ cost of fixtures, furniture and equipment will total -- $500,000. The proposer indicated to us verbally, that - little, if any, equipment at the existing restaurant will be used at the proposed restaurant. The proposer was not able to provide us with a detailed analysis of the cost of and description of the equipment anticipated to be used in the proposed restaurant. t f j ems_ The final component in the proposer's construction cost` analysis were the developmental expenses. These cost --- included the _following: Estimated Soft Costs of $100,000 , - and Pre -development and Start Up Expenses of $200,000. 2,01 3 t4 1# 276 R: Again, we were not able to further analyze the reasonableness of these amounts as the proposer did not provide any details on each of the components of developmental expenses. i As a result of our analysis of the construction related financial data contained in the proposal, we noted the following significant points: The architectural firm of Jimenez and Camero has significant experience in the design of restaurants. However, none of the experience referenced was during the past two years according to the proposal. The cost of the brewery equipment, approximating $250,000 based on verbal discussions with the representatives of the proposer, was not included in the estimate of construction cost. Therefore total construction cost should be increased to $2,570,000. f Construction contractors have not yet been selected. This could• have a significant impact on the construction costs estimates. Representatives of the proposer have indicated to us verbally that they have held preliminary discussion with at least one general. contractor experienced in this area, he feels that the construction estimates are reasonable. The proposer feels that the total period of a construction will be approximately one year, this includes obtaining the necessary permits, drawing of the plans and actual construction. 12 3 u . Representatives of the proposers also indicated to us that the current restaurant will remain open as long as possible during the construction of the proposed restaurant. Representatives of the proposer informed us that the location which the proposed restaurant will occupy, has been through significant zoning hearings in the past and consequently they feel the issue of zoning has been addressed in a satisfactory manner. 4a The expertise of the proposer in restaurant and marina operations should prove to be a significant aid in keeping construction costs as low as possible. However, as previously stated the proposer did not — i' include detailed analysis for the construction cost estimates. Accordingly, we were not able to further analyze the construction costs. '; r _ 'V, VINANCIAL CAPADILITY AND UVNL OP FINANCIAL CdMMITMNNT The City of Miami's Request for Proposals required the submission of "complete and substantiated evidence of the , - proposer's financial capacity to undertake the project proposed," but does not specify the form of presentation. For purposes of this report, financial capability is defined as the ability to raise the required capital for the 'project`. ,., given the proposer's intended financing strategy; and the financial strength of the proposer as indicated in the proposer's financial statements. None of the financial information included in the proposal has been audited or compiled by a Certified Public Accountant. An audit is an independent verification of the information included in financial statements of an entity. A compilation does not include any testing or verifications of amounts or disclosures. The statements are solely the representation of management of the company or the individuals, as applicable. 3' As a result of analyzing the financial data of the proposer and it's principles the following was noted: - Principal's financial statement No provision was made for income taxes payable.` Therefore, net worth may be overstated. The basis of valuing certain business interest and marketable securities were not disclosed. The adequacy of such valuation could have a direct impact on the ,4 computed net worth of the principals. 14 2 t Corporation Tax Returns (Sayzide Seafood Restaurant) Complete tax returns were not included in the proposal (i.e. no balance sheet). Therefore, there was no baaid upon which to determine the net worth and to evaluate other factors that are indicators of financi-al capability and strength. Other The proposed development cost as represented in the proposal does not appear to include the cost for the brewery equipment of approximately $250,000. In determining the financial capability of the proposer'to successfully develop and operate the project such cost must be considered. As a result of not considerin' 9 such cost, a cash short fall of $250,000 will occur during the development phase unless additional financing is identified and obtained. Based on the proposal, there was no provision made for _6 cash reserves to fund the initial start-up of the restaurant as well as unanticipated operational losses in the early start-up phases of operations. The personal financial statements of Claude H. La Rouche as of March 23, 1990 shows net worth of $363,500. However, net worth after giving consideration only to liquid assets is $75,500. Liquid asset include cash, investments, receivables and marketable securities. A The personal financial statements for Rolf Gerstner as of March 23, 1990 shows net worth of $4881D00. However net worth after giving consideration only to liquid assets is $305,000. 15 N; ti�0 i The personal financial statements for Anthony Zamora,_a proposed shareholder of a yet to be formed entity, as of March 31, 1990 shows net worth of $1,333,500. However, the net worth after giving consideration to liquid assets is $174,000. Financial data was also provided for aay M. Tischenkel. However, we did not give any consideration to this data since Mr. Tischenkel is not a owner of any of the joint venture corporations. His role is an officer of one of the joint venture corporations. (Bayside seafood Restaurant, Inc.) The proposal did provide data on the previous projects completed by the architectural firm during the years 1989 and 1990 along with the size of the project in terms of construction cost. The architectural firm has in the past completed projects of similar size to this one as well as some larger than this one. Again, since a construction team has not been.selected, no financial data was available for the key membersof such team. Therefore, we were unable to analyze the financial capability of these members of the development team. Proposed Financing of Capital Costs There is no indication in the proposal of the amount -of equity to be invested. Development cost is projected to be approximately $2,5701000. 16 �. 91- 276 r- The principals of the joint venture indicated verbally that one potential source of financing the project Cost were the principals themselves. There is no indication in the proposal of a commitment letter or a letter of interest from a financial institution nor the principals' or shareholders _ regarding the financing of the capital cost. Another potential source of funding the development r cost is to sell syndicate shares in the to be formed corporation of Virginia Key Marina Associates, Inc. However, no shares nor subscriptions have been sold or committed to as of the date of the proposal. — Based on the personal financial statements provided in the proposal the total net worth of the principals providing such - financial data is $2,185,000. However the net worth after giving consideration only to liquid assets total only $554,500. We differentiated between liquid net worth and total net worth. To finance' a project such as this one whose cost approximates $2,570,000, cash must be available, not just equity in assets. For purposes of this report, liquid assets_ are considered those which are cash and securities equal to cash or easily convertible into cash. Real property, interest in businesses, and other fixed assets are not considered to be liquid assets. Although equity in real and personal property do represent valuable assets, there is no assurance that they can be converted to cash at there market value at any point in time. 17 Iv - N x� f 91 t t ae r. 4 .. s RG� 4 X —� Consideration must be given to other factors which impact the assets liquidity, such. as; State of the economy Identification of buyers Terms of the transaction Availability�of institutional resources underwriting procedures of a lender To get cash. from real property, the owner must either effectively sell the property or refinance the property. Therefore, in analyzing the financial commitment and capacity of the development team, emphasis must be placed on liquid assets of W, the principals providing personal financial statements. Additionally, consideration must be given to the fact that Banks and other lending institutions as a matter of policy do not lend money solely on total net worth. In most cases, total net worth is discounted by 20-25% to determine the loan value of pledged assets. The total liquid assets of the principles providing such financial data of $554,500 represents 22% of the total "n development cost of $2,570,000. The total net worth (liquid and non liquid) of the parties providing such financial data of r $2,185,000 is 85% of the total development cost. �. 4 k, As can be seen from the above analysis, there exist a significant short fall of liquid and total assets owned byAN principals of the joint venture available to fund the development ; of this project. F «tf M 91 276 �x r e i Therefore, in order to sufficiently finance the development cosh of this project the proposers must obtain commitments from other principals and/or other investors in a amount sufficient to 1 address the cash short fall of as much as $2,015,500 or as little as $385,000 (based on total net worth). Until such commitments have been obtained, it is our opinion that sufficient resources as indicated in the proposal are not available to adequately fund the development of this project. _ (See Table 1 for summary of principals net worth). City of Miami - UDP virginin tey� Basin Property Summary of Principals Net Worth Asset, `pY.pe La Roche(i ) Liquid Assets $ 75,500 Net Non Liquid Assets Real Property 53,000 Business Interest 160,000 Other 75,000 $288,000 Total Net Worth $363,500 Gerstner (1) Zamora (2) $305,000 $ 174,000 -0- 678,000 160,000 470o000 23,000 11,500 $183,000 $1,159,500 $488,000 $1,333,500 (1) Indiv`iduals are shareholders in according,tothe proposal is a partner venture proposing on the project. TABLE 1 f 4 Sub 'dotal $ 554,500 $ 731,000 790,000 109,500 $1,630,500 $2,185,000 a.ass.��=etsx (2) Individual is a proposed shareholder in a to be formed corporation which according to the proposal will be a partner in the proposed joint venture. `} 20 a VI. ECONOMIC_ VIABILITY AND EVALUATION OF ASSUMPTIONS This section of the report contains various analysis of the developer's proposal and assumptions. The purpose of this r Y; section is to summarize the major aspects of the proposer's k projected operating results, analyze the viability of the assumptions provided and to evaluate the economic viability of y. the proposed operations. Among the analysis included herein are the followings A sensitivity analysis including forecasted income and cash flow statements. The proposer included a three year projected income statement which segregated major categories such as sales, cost of sales, payroll, return to the City, etc. The forecasted statements anticipate what would happen if the projected revenue in the proposal did not meet expectation. Detailed analysis, including key ratios, of the income of 4 the existing Bayside Seafood Restaurant, Inc. The figures 4 were obtained from the respective tax returns. Analysis comparing the proposer's projected results with f certain restaurant industry information and other financial data which was obtained. Representatives of our firm met with representatives of the proposer to discuss points of clarification about the assumptions used in the proposal. 21 We addressed the following significant points, as well as others: Anticipated number of customers. Average amount spent per customer. Basis used to obtain percentage for payroll cost. cost of sales and operating expenses and the related allocation between fixed and variable costs. The representatives of the proposer informed us that the projected financial information, and the underlying assumptions, were based on a combination of several factors: Their (proposer's) expertise in the industry, the operations of the existing Bayside Seafood Restaurant, Inc. and limited information they had obtained about similar restaurants in the vicinity. The financial projections and related information included in the proposal had not been compiled, reviewed or audited by a Certified Public Accountant. The information had been prepared internally by the proposed team. u Our sensitivity analysis as reflected in Exhibits covered a 10 year operating period and were prepared under the following scenarios. 1. Based on projectives as provided in the proposal. 2 Based on reducing p variable expense by 10%. 3. Based on reducing p variable expense by 20%. 4. Based on adjusting oper consistent with those o r ojected revenue and related tT& Pk� U rojected revenue and -related- ....... � sting expense ratios to 'be more f similar restaurants. ��xrty 4A 1� r. fr i 'N As part of our analysis we extended the proposer's projected { operating statement to. ten years. In addition, we further extended our evaluation by varying obtain factors such as projected revenue, segregation between variable and fixed costs, percentages used to compute operating expenses, etc. Our analysis proposes to answer the following questions: What would happen if the revenues did not meet expectations? What would happen if the allocations between fixed and variable cost were to fluctuate significantly? How reasonable is the level of anticipated revenue? How reasonable are the estimates of operating expenses? We analyzed the financial information of the following four sources in order to obtain a basis of comparison of the ratios used to compute operating expenses: Income statements of the existing Bayside Restaurants (per the tax return), Projected Income Statement for the New Restaurant, financial information obtained from the 1988 Financial Research Association (FRA) which provides ratios and other analysis for businesses by industry, and 1988 standard and poors restaurant industry statistical data. A capsule of our analysis is presented below, the detailed analysis are presented in'an exhibit to this report. Existing Restaurant Standard FRA & Account Description 1988 1989 Analysis Poors Proposal Cost of Sales 46.0% 55.0% 38.75% 34.1% 35.0% Gross Profit 54.0% 45.0% 61.25% 65.9% 65.0% Payroll and Benefits 14.0% 10.0% 29.95% 29.5% 25.0% other G A Expense 30.0% 26.0% 23.02% 26.7% 12.0% Rent 9.0% 7.0% 4.56% 4.7% 8.6% Income before tax 1.0% 3.0% 1.07% 5.0% 8.6% �t 1 23 r The growth rate in the start-up periods are 52% in year 1 and 50* in year 2. Rased on our review of the proposal, no marketing plan was provided to explain how the proposers will achieve such'. growth and how a 4-10% growth rate will be sustained throughout r the restaurant's operation. Our discussions with the proposers — did reveal that the primary basis for such p y projections was based �y on revenue generated by local competitors - Rusty Pelican and Sundays which produced revenue as follows: Annual Annual i ..K Gross Number Revenue Revenue of Seats Per Beat Rusty Pelican $6,800,000 375 $18,133 Sundays $5,700,000 250 $22,800 f Based on this type analysis, the i yp y , projected revenue of $4 800 000 , or $16,000 per seat would appear to be somewhat reasonable. However, before a determination can be made as to the reasonableness of the revenue projections, an analysis must first' be done to determine the capacity of the Key Biscayne market. The proposer stated that their primary market comes from repeat business from Key Biscayne. They also stated that the majority a: of the projected customers at the new restaurant will be from their existing market. The proposers are also of the opinion that their market is unique and different from that of Sundays or the Rusty Pelican. ;V Y s w 25 k 9 go a Therefore, the clientele to support the new restaurant will be the existing customers of'the existing Bayside Seafood Restaurant which generates revenue of $500,000 annually or $1,667 per seat. The question of how revenue to be generated from the same market will increase from $1,667 per seat to $16,000 per seat or 860% has not been addressed. No consideration has been given to the possibility of not meeting the projected sales and controlling expenses as stated in the proposal (i.e. no provision has been made for cash short falls in the start-up periods). One hundred percent of the funding of 2,320,000 will be absorbed by development cost of $2,570,000, leaving a cash deficit of $250,000. Cash short falls could then affect the proposers ability to pay certain operating expenses which could include minimum and percentage rent to the City of Miami. h 91- 27 VIZ. ECONOMIC RETURN TO TH9 CITY Based on the requirements of the RFP, the City is seeking certain economic benefits from this proposal. Among the most z� significant are the following: "A minimum annual guarantee rental payment for lease of the property, plus a percentage of gross revenues throughout the lease term," as well as the value f' of the leasehold and other capital improvements which will be made to the Unified Development site. The City requires that the improvements be architecturally acceptable and responsive to the local climate and waterfront setting. The proposer is anticipating the following rent structures with the City: A guaranteed minimum annual rent of $200,000. As documented in the projected income statement it appears, based on the underlying assumptions, that the proposer will be able to meet the City's required lease payment. The proposer's ability to meet the minimum lease payment is based on the reasonableness of their projections as well as the validity of the underlying assumptions. If the proposer does not achieve their expected results there is a good possibility that they may not be able•to meet the minimum lease payment. In addition, based on the limited financial liquidity of the proposal team (which is documented in Section V. Financial Capability and Level of Financial Commitment) and without assuming they may be able to raise additional capital from outside sources, they may not ber able to cover a rent shortfall. d u F 3i 27 L / r a a z K The attached exhibits reflect the results of our sensitivity analysis of changes in revenue and expenses and their effect on economic return to the city, We computed the present value of the economic return to the city over a 10 year period under the ,LL following scenarios: E 1. Based on projections as provided in the proposal 2. Reducing projected revenue and variable expenses by 10% . 3. Reducing projected revenue and variable expenses by #y 20%. 4. Adjusting operating expense ratios to be more consistent with those of restaurant industry averages. Throughout the course of our various meetings the proposer has stressed their commitment to ensure that the proposed architecture is in line with the local climate and that only materials which are conducive to the area be ured. The proposer has stated their interest in maintaining the adjacent mangrove and surrounding area intact. The proposer will also use floating docks for additional boat docking. These docks can be moved in case there is a special event at the Marine Stadium. The proposer has also stated their intent to build a boardwalk which will connect the restaurant to the Marine Stadium and will be conducive to the surroundings. j 28 .�- 76 i 5nsi'e: t"+3#�IN y J EXHIBITS t VIRGINIA -KEY BASIN PROPERTY CASH RETURN TO THE CITY Thousands 3500 3000 2500 2000 1500 1000 500 0 10 YEARS 15 YEARS 20 YEARS BASE PROJECTIONS: - ® PROFORMA ® LESS 10% LESS 20% PREPARED BY: SNARPTON BRUNSON & CO. NZ • ` a N i `., x � �� �'� .'t -r "-�+ `v.b � s�'r�, ,� k k.`��uc��'".` � �` �. a" � 44 } � �p � •�-�'...,.,. •,..-, .. � - i Em im UNIFIED bUMPOMENT OF THE V%lkdXN%A M BASIN PROPERTY NET PRESENT VAtU9 OF RMURN TO THE CITY TERM OF LEASE 10 YEARS 15 YEARS 20 YEARS BASE BASE BASE PROFOR14A LESS 103% LESS 2, 11659,633 2,343,768 21939,689 1,527,887 21143,685 21680,158 114020 11949, 2,426,580 UNIP1ED DgMPOMENT Off' THE VIRGINIA X9Y BASIN" PROPERTY MEN' PRESENT VALUE OI' RETURN -TO THE CITY PDR YEARS 1-10 YEAR I YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 TOTAL NET PRESENT VALUE BASE LESS 10% LESS 20% ----------------------------- 200 200 200 200 200 200 240 216 200 257 231 205 275 247 220 294 265 235 315 283 252 337 303 269 360 324 288 385 ------------------------------------- 347 308 2,863 2,616 21377 1,660 1,528 1,402 UNIFIED DEVELPOMENT or THE VllkCINIA XEY BASIN PROPgATY NET 1?9E99NT VALUE OF RETORN TO THE CITY FOR YEARS I-5 BASE LESS 10%. LESS 20% YEAR I YEAR 2 -- 200 --------------•----- - 200 200 YEAR 3 200 200 200 YEAR 4 240 216 200 YEAR 5 257 231 205 y> YEAR 6 275 247 220 YEAR 7 294 265 235 YEAR 8 315 283 252 YEAR 9 337 303 269 YEAR 10 360 324 288 YEAR 11 385 347 308 ' YEAR 12 412 371 330 YEAR 13 441 397 353 YEAR 14 472 425 378 - YEAR 15 505 455 404 541 486 432 -------------------------- TOTAL---------- ---------- 234 4,750 41274 NET PRESENT VALUE 2,344 2,144 1,950 ASSUMES A DISCOUNT RATE OF 10%. 3 • t i t >: 2a3l.. i ■■iylj � � k }11. 4 Tl UNIP19D DEVgLPDXENT OF THE VrAGIMIA ny BASIN PROPERTY NEB' PRESENT VALUE OF RETURN TO THE CITY FO'A:,YEARS 1-20 Of BASE LESS 10% LESS 20% --------------------------- 200 200 200 'A YEAR '2 200 200 200 YEAR 3 240 216 2*00 YEAR 4 297 231 205 YEAR 5 275 247 220 YEAR 6 294 265 235 YEAR 7 315 283 252 YEAR 337 303 269 YEW 9 360 324 288 YEAR . 10 385 347 308 YEAR-11 412 371 330 YEAR 12 441 397 353 YEAR 13 472 425 378 YEAR 14 505 455 404 YEAR 15- 541 486 432 YEAR 16 578 521 463 YEAR '17 619 557 495 YEAR,A8 662 596 536 YEAR-19 709 638 567 YEAR 20 758 682 606 TOTAL -------8,560----------------------------- 7r744 6,935 NET' PRESENT VALUE 21940 2,680 2,427 ASSbM9S A DISCOUNT RATE ..OF'ioto* tYl: VIRGINIA KEY BASIN PROPERTY 10 YEAR RESULTS OF OPERATIONS El NET INCOME NET CASH FLOW BASE PROJECTIONS: PROFORMA ® LESS 10% l LESS 20% ®INDUSTRY \ ,UNIFIED DEVBLPOMENT OF THE VIRdINIA KEY BASIN PROPtRTY ( <. OACASTED NET INCOME AND NET CASH PWW % FOR EARS 1 — 10 . . . . NET INCOME NET CASH FLOW | BASE BASE BASE INDUSTRY ^ PROPQRMA ASS 10% LESS 20% »J �.z AVERAGES 10,502 9,161 7■812 (11563) \ \ \ } 10,449 . 8,113. . 5,769 . 416) UWIfItb DEALOPMENt OF THE VIRGINIA KEY BASIN INCOME STATEMENTS FOR YEARS 1-10 BASSO ON PROPOSAL (ASSUMES 7% UNIFORM ANNUAL GROWTH AFTER YEAR 3) (IN THOUSANDS) to YEAR I YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR W GROSS SALES ........................... $2,100 S3,200 $4,800 & .......................................... $5,136 $5,496 $5,880 S6,292 S6,732 I ........... $7,204 $7,708 COST OF SALES 235% 735 .......................................................................................... 1,120 1,680 1,798 1,923 2,058 2,202 2,356 2,521 2,698 GROSS PROFIT $1,365 ......................................................................................... S2,080 $3,120 $3,338 $3,572 $3,822 $4,090 $4,376 S4,682 $S,OiO PAYROLL & BENEFITS 025% S525 SZOO S1,200 S1,284 S1,374 $1,470 $1,573 $1,683 $1,801 $1,927 OTHER EXPENSES 212% 252 384 576 616 659 706 755 808 864 925 GUARANTEED HIM RENT 200 200 200 200 200 200 200 200 200 200 RENT X OF CROSS SALES 2 5% 0 .......................................................................................... 0 40 57 75 94 115 137 160 185 NET BEFORE OTHER INC/EXP $388 .......... $696 ............................................................................... S1,104 $1,181 S1,2" S1,352 S1,447 S1,548 S1,657 S1,773 OTHER INCOME/EXPENSE: 'RENTAL INCOME $40 $45 S50 S54 S57 S61 S66 $70 $75 Sao INTEREST EXPENSE (255) .......................................................................................... (254) (253) (253) (252) (251) (249) (248) (247) (245) NET BEFORE TAXES $173 S487 1901 S982 S1,069 S1,163 $1,264 S1,371 51,485 $1,608 Z,3.j z. 91 2,104. �104*.,- "b UNIFIED OEVELOPMENT OF THE VIRdINIA VEY BASIN FOREOASTED INCOME STATEMENTS FOR YEARS 1.10 ASSUMES 1ft UNIFORM ANNUAL DECREASE FROM PROPOSAL GROSS SALES COST OF SALES 035% CROSS PROFIT in PAYROLL 3 BENEFITS 225% OTHER EXPENSES 812X GUARANTEED -.MIN RENT RENT - % OF GROSS SALES 0.5% NET BEFORE OTHER INC/EXP OTHER INCOME/EXPENSE: RENTAL IMCC14E INTEREST EXPENSE NET BEFORE TAXES (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 ..«...................... I....................... -_---------...... ------......I......•-- $1,890 S2,880 $4,320 S4,622 S4,946 S5,292 $5,663 $6,059 S6,4B3 $6,937 662 1,008 1,512 1,618 1,731 1,852 1,982 2,121 2,269 2,428 .......................................................................................... S1,229 $1,872 $2,808 S3,005 $3,215 S3,440 $3,681 $3,938 $4,214 $4,509 S473 S720 S1,080 S1,156 $1,236 $1,323 $1,416 $1,515 $1,621 S1,734 227 346 51B 555 594 635 680 727 778 832 200 200 200 200 200 200 200 200 200 200 0 0 16 31 47 65 83 103 124 147 $329 S606 $994 $1,063 $1,138 $1,217 S1,302 $1,394 $1,491 $1,596 .......................................................................................... $36 S41 $45 S48 $52 $55 $59 S63 $68 $72 (255) (254) (253) (253) C252) (251) (249) (248) (247) (245) $110 $393 S786 $858 $937 $1,021 $1,112 $1,209 S1,312 $1,423 assaatssxsxaaasazsssae_seasssaexsaa_xa_asssaasesanaaataaaxsaxxe_ saaxaaxaaaaxaxxasaaaaax 23le 27 us P UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BASIN FORECASTED INCOME STATEMENTS FOR YEARS 1-10 ASSUMES 10% UNIFORM ANNUAL DECREASE FROM PROPOSAL - (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 GROSS SALES $1,890 S2,880 $4,320 $4,622 $4,946 S5,292 $5,663 $6,059 S6,483 $6,937 COST OF SALES 035% 662 1,008 1,512 1,618 1,731 1,852 1,982 2,121 2,269 2,428 GROSS PROFIT S1,229 .__.._...---•-------------••--------------.._..-------------.....----------•-__ , $1,872 S2,808 53,005 $3,215 $3,440 $3,681 $3,938 S4,214 S4,509 PAYROLL & BENEFITS &25% $473 $720 $1,080 S1,156 $1,236 $1,323 $1,416 $1,515 $1,621 ..... $1,734 OTHER EXPENSES 912% 227 346 518 555 594 635 680 727 778 832 GUARANTEED HIM RENT 200 200 200 200 200 200 200 200 200 200 RENT - X OF GROSS SALES 2 5% 0 --------------------------------------------,._.._..--------------------------------....... 0 16 31 47 65 83 103 124 147 NET BEFORE OTHER INC/EXP $329 S606 $994 S1,063 $1,138 S1,217 $1,302 S1,394 $1,491 $1,596 OTHER INCOME/EXPENSE: _ .__...---- REHTAL:INCOME $36 S41 $45 $48 $52 $55 $59 $63 $68 $72 INTEREST EXPENSE (255) (254) (253) (253) (252) (251) (249) (248) (247) (245) NET BEFORE TAXES $110 $393 $786 $858 $937 S1,021 $1,112 S1,209 $1,312 S1,423 «xxscasexxcaexxeacasxxazsscc:xcsxsxsxacsaecasx_xsrcczxxaxczsec_ x=zasxsccxxoxaczxacz:ss .• 'it o +d u 4 UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BASIN FOu1EC OM INCOME STATEMENTS FOR YEARS 1.10 ASSUMES 20% UNIFORM ANNUAL DECREASE FROM PROPOSAL CROSS SALES COST OF SALES 235% GROSS PROFIT PAYROLL 8 BENEFITS 225% OTHER EXPENSES G12% GUARANTEED MIN RENT RENT - % OF,GROSS SALES o1 5% NET BEFORE OTHER INC/EXP OTHER INCOMEAXPENSE: RENTAL INCOME INTEREST EXPENSE (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 $1,680 $2,560 $3,840 $4,109 S4,396 S4,704 $5,033 $5,386 $5,763 56,166 588 896 1,344 1,438 1,539 1,646 1,762 1,885 2,017 2,158 $1,092 $1,664 $2,496 $2,671 $2,858 S3,058 $3,272 $3,501 $3,746 54,008 $420 $640 $960 $1,027 $1,099 $1,176 $1,258 $1,346 $1,441 $1,542 202 307 461 493 528 564 604 646 692 740 200 200 200 200 200 200 200 200 200 200 0 0 0 5 20 35 52 69 88 108 $270 SW S875 $945 $1,011 $1,082 $1,158 $1,239 S1,325 $1,418 $32 $36 $40 $43 S46 $49 S52 $56 S60 $64 12551 (254) (253) (253) 12521 (2511 (249% (248) (2471 (245% NET BEFORE TAXES $47 S299 S662 $735 $805 $880 S961 $1,047 $1,138 $1,237 sssszzzssszssasszezzsazzr__sszszszazarzzsss:esxassse_ sszsszsssssssssss»sssssssssssssszss' 4 v UNIFIED 6EVELOPMENT OF THE VIRGINIA KEY BASIN PROPERTY tMAIT O INCOME STATEMENT PbR YEARR 1 1� GROSS SALES COST OF SALES GROSS PROFIT PAYROLL AND BENEFITS ` OTHER GEN. & ADMIN. RENTAL TOTAL OPERATING EXPENSES OTHER INCOME/EXPENSES: RENTAL INCOME INTEREST EXPENSES DEPRECIATION EXPENSE i YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 ................. ...--...........__i........................._.. ......... I........ 2000 3,200 4,800 5,136 5,496 5,880 6,292 6,732 7,204 7,108 818 1,246 1,870 2,000 2,141 2,290 2,451 2,622 2,806 3,002 1,282 1,954 2,930 3,136 3,355 3,590 3,841 4,110 4,398 4,706 629 958 1,438 1,538 1,646 1,761 1,884 2,016 2,158 2,309 483 737 1,165 1,182 1,265 1,354 1,448 1,550 1,658 1,774 200 200 240 257 275 294 315 337 360 385 1,312 1,895 2,783 2,977 3,186 3,409 3,647 3,903 4,176 4,468 40 45 50 54 57 61 66 70 75 80 (255) (2S5) (255) (255) (255) (255) (255) (255) (255) (255) (45) (68) (102 109 7 t ) i11 ) (125) (133) (143) (153) (163) - TOTAL OTHER (260) (278) (307) (310) (315) (319) (322) (328) (333) (338) NET INCOME BEFORE TAXES (290) (219) (159) (152) 0 45) (138) (129) (120) (111). (•101) i { NOTE: ASSUMES INDUSTRY AVERAGE RATIOS AS A BASIS FOR COMPUTING ALL EXPENSES, c }. 1 r '/ j ram• � i \ .,. - � i E rf s, i 3 r Y dy j� UNIFIED DEVELOPMENT OF THE VIRGINIA KEY BASIN PROPERTY ciORtCASTED CASHFLOW STATEMENTS FOR YEARS 1.10 BASED ON PROPOSAL (ASSUMES 7% UNIFORM ANNUAL GROWTH AFTER YEAR 3) (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 ._rr..r.wwwwr........................r__rr...._.-_-..r.........r.......... wrrr............ i. - BEGINNING CASH SO S172 $657 $1,555 $2,534 $3,599 $4,757 $6,013 S7,376 S8,852 ' OPERATING REVENUE RESTAURANT $2,100 $3,200 $4,800 $5,136 S5,496 $5,880 $6,292 $6,732 $7,204 $7,708 RENTAL INCOME 40 45 50 54 57 61 66 70 75 80 •a - TOTAL .......................................................................................... S2,140 S3,417 $5,507 $6,745 $8,087 $9,540 $11,114 S12,816 $14,654 $16.640 3 COST OF REVENUE 5735 $1,120 $1,680 $1,798 $1,923 $2,058 $2,202 $2,356 $2,521 $2,698 TOTAL $735 $1,120 $1,680 $1,798 $1,923 $2,058 $2,202 $2,356 S2,521 $2,698 `PAYROLL d. BENEFITS S525 S800 $1,200 $1,264 $1,374 $1,470 $1,573 S1,683 S1,801 51,927 y` OTHER EXPENSES 252 384 576 6% 659 706 755 808 864 925 . r- TOTAL --------------- S777 S1,184 ---......------------......-------------------------------- S1,776 $1,900 S2,033 $2,176 $2,328 $2,491 $2,665 $2,852 ------------------------------------------------------------------------------------------ 'NET CASH FLOW BEFORE ADJUSTMENT $628 S1,113 $2,051 $3,047 $4,130 $5,307 S6,584 $7,969 59,468 $11.090 _ ADJUSTMENTS CAPITAL FUNDING -EQUITY SO SO SO SO $O $O SO SO S0 SO -DEBT (256) '(256) (256) (256) (256) (256) (256) (256) (256) (256) LEASE PAYMENTS (200) (200) (240) (257) (275)- (294) (315) (337) (360) (385) TOTAL ADJUSTMENT (S456) (S456) (S496) ($513) (S531) (S550) (S571) (5593) (S616)_ (S641) ;. NET `CASH FLOW AFTER ADJUSTMENTS $172 $657 $1,555 S2,534 $3,599 $4,757 $6,013 $7,376 _ S8,852 S10,449 assassaasaaxaasas=sesasxsaxsaxsseseasaaaaaaxsaxaesxaasaasaaaxaseaxaxxexaxataesesasasaaacas_ 1 1 9 91- 27 5, ' i" UNIFIE0,6EVELOPMENt OF THE VIRGINIA KEY BASIN PROPERTY FORECASTED CASHFLOW STATEMENTS FOR YEARS 1 0 10 (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR .........a...... s aa.........+............. 10 s.aiaa. s BEGINNING CASH ..................................... SO 571 S403 $1,098 I.- $1,860 $2,694 S3,602 S4,593 55,670 S6,842 OPERATING REVENUE RESTAURANT $1,890 $2.880 $4,320 $4,622 $4,946 $5,292 $5,663 $6,059 S6,483 S6,937 RENTAL INCOME 36 41 45 48 52 55 59 63 68 72 TOTAL S1,926 $2,991 $4,768 $5,769 $6,858 $8,041 $9,324 $10,715 512,221 S13,851 COST OF REVENUE $662 S1,008 S1,512 $1,618 $1,731 $1,852 $1,982 $2,121 $2,269 $2,428 TOTAL $662 $1,008 $1,512 S1,618 $1,731 S1,852 $1,982 $2,121 S2,269 $2,428 PAYROLL 8 BENEFITS - FIXED $131 S200 $300 S321 $343 $368 S393 S421 S450 S482 PAYROLL 14 BENEFITS - VARIABLE 354 540 810 867 927 992 1,062 1,136 1,216 1,301 OTHER EXPENSES 252 364 576 616 659 706 755 808 864 925 =' .. TOTAL .............................. S738 S1.124 $1 686 �......... S1 804 $1,930 S2► 066 S2I 210 $2f 365 $2I 530 S2I 707 r,• NET CASH FLOW' c BEFORE. ADJUSTMENT $527 $859 $1,570 $2,347 $3,197 $4,123 S5,132 $6,229 S7,422 $8,716 w. ADJUSTMENTS CAPITAL FUNDING -EQUITY SO SO SO SO SO $O SO SO $O SO• r -DEBT (256) (256) (256) (256) (256) (256) (256) (256) (256) (256) LEASE PAYMENTS (200) (200) (216) (231) (247) (265) (253) (303) (324) (347) TOTAL ADJUSTMENT ($456) (S456) (S472) (5487) ($503) (S521) (5539) ($559) ($580) (S603) NET CASH FLOW AFTER - ADJUSTMENTS S71 S403 $1,098 $1,560 $2,694 $3,602 $4,593 $5,670 S6,842 S8,113 sesaxaasaseesaasaaesxsazzxaxxezxaxzasasaeaasssz:asaxxzxsxxaasaazxszaxseaaazazsxaaxzaasases ASSUMES 10% UNIFORM ANNUAL DECREASE FROM PROPOSAL ASSUMES PAYROLL HAS 25% FIXED COST FROM PROPOSAL VALUES ASSUMES PAYROLL HAS 75% VARIABLE COST FROM INCREASED VALUES ASSUMES OTHER EXPENSES FIXED AT PROPOSAL VALUES 241, (y� p/y JeNN� UNIFIED DEVELOPMENT OF THE VIRCINIA KEY BASIN PROPERTY Fi)iIECAStED CASHFLOW STATEMENTS FOR YEARS 1 . 10 (IN THOUSANDS) YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 .• ....------------..,.........,... YEAR 8 YEAR 9 YEAR 10 BEGINNING CASH ................. SO ......... (00) ........ $150 ..................... $634 $1,178 $1,779 S2,439 S3,164 S3,957 $4,824 OPERATING REVENUE RESTAURANT $1,680 $2,560 $3,840 $4,109 $4,396 S4;704 $5,033 $5,386 $5,763 $6,166 RENTAL INCOME 32 36 40 43 46 49 52 56 60 64 TOTAL S1,712 $2,566 S4,030 S4,785 $5,621 S6,532 $7,525 $8,606 $9,780 $11,054 COST OF REVENUE S588 S896 S1,344 $1,438 $1,539 $1,646 S1,762 S1,685 $2,017 $2,158 TOTAL S588 $896 S1,344 $1,438 $1,539 S1,646 $1,762 $1,885 $2,017 S2,158 PAYROLL i BENEFITS - FIXED S131 S200 $300 $321 $343 $368 S393 $421 $450 S482 PAYROLL & BENEFITS - VARIABLE 315 480 720 770 824 882 944 1,010 1,081 1,156 OTHER EXPENSES 252 384 576 616 659 706 755 808 864 925 TOTAL ----•------------------------------------------------------------------------------------- $698 ------------------------------------------------------------------------------------------ $1,064 $1,596 $1,707 $1,827 $1,956 $2,092 $2,239 $2,395 S2,563 NET CASH FLOW BEFORE ADJUSTMENT - S426 S606 $1,090 $1,640 32,255 S2,930 S3,671 $4,482 S5,368 $6,333 a ADJUSTMENTS CAPITAL FUNDING -EQUITY SO SO SO SO $O SO $O SO S0 S0 -DEBT (256) (256) (256) (256) (256) (256) (256) (256) (256) (256) LEASE PAYMENTS (200) (200) (200) (205) (220) (235) (252) (269) (288) (308) TOTAL.ADJU�JMEHT- ($456) ($456) ($456) -------------------------------------------------------------- ($461) ($476) (S491) ($508) ($525) (S544) ($564) ------------------------ HET.CASH FLOW AFTER :r " ADJUSTMENTS' < ($30) 5150 $634 S1,178 $1,779 $2,439 $3,164 $3,957 $4,824 $5,769 zazsazaaazaaszsasasasaazzaza:aaeasaaazssaszzssaazasasazsssaa=az=asasszas=sssazaaaszasaazas % r; ASSUMES 20% UNIFORM ANNUAL DECREASE FROM PROPOSAL F ASSUMES PAYROLL HAS 25% FIXED COST FROM PROPOSAL VALUES ASSUMES PAYROLL HAS 75% VARIABLE COST FROM INCREASED VALUES ASSUMES OTHER EXPENSES FIXED AT PROPOSAL VALUES r wY r t i*,. 10 INTER -OFFICE MEMORANDUM CITY OP MIAMI, Ropib.A To. Honorable Mayor and Members of the City commission FROM : Cesar H. Odi City Manager •vnv, ►a: •lk rZ DATE . MAR r 41991 FILE SUBJECT Resolution Authorizing Acquisition of four (4) Parcels of Land in the Latin Quarter REFERENCES; City Commission Agenda ENCLOSURES: Item/March 14, 1991 It is respectfully recommended that the City Commission adopt the attached resolution authorizing the acquisition of four (4) parcels of real property located in the Little Havana area and within the Latin Quarter district, for the purpose of developing a mixed use specialty retail and affordable housing project. Based on a negotiated purchase settlement with each of the respective property owners, purchase offers in the total amount of $1,664,000 have.been,aocepted by the property owners for acquisition of said four parcels. J:nxes",(as ► e On May 11, 1989, the City Commission adopted Resolution 89-464 directing the City Manager to set aside $2,000,000 to fund the acquisition of lands in the Latin Quarter district for the purpose of developing through the Unified Development Process the 'Latin Quarter Specialty Center Project. The 1990-91 Capital Improvement Ordinance No. 10782, adopted September 27, 1990-appropriated.$1,800,000 for the Latin Quarter Specialty Center project and monies are available for the proposed amount of the purchase contracts under Capital Project No. 321038 of said Ordinance. The Miami Department of Off-street Parking previously acquired in 1987 six lots (11-16 on block 104) fronting SW Eighth Street between 14th and 15th Avenues as the initial acquisition of properties necessary to build the Latin Quarter Specialty Center and the parking garage needed to support the Center. For the past twelve months, the Department of Development has conducted negotiations, based on property appraisals by State certified land appraisers, with the remainder of property owners on block 104 and Block 1 (south of 8th Street) to obtain purchase agreements for the balance of lands needed to construct the Latin Quarter Specialty Center as orginally proposed in the I&Uu Quarter specialty,_ Phase TTT Final Report, July, 1987 On,November 8, 1990, the City Commission adopted Resolution 90- 905 instructing the City Manager to set a time period of thirty days to accept property owner proposals for sale of lands under tF [`F S page 2 Memorandum / Purchase Authorization of land in Latin Quarter purchase negotiations. If such negotiations failed, the manager' was to proceed with identifying alternative similar sites on which a mired -use project with ground level retail and apartment/ r condominium residential use could be built and schedule a public hearing on the issue. i The deadline of December 8th passed without the administration obtaining from property owners agreements to sell within appraised fair market value plus 10% of sufficient lands to build 1 the originally configured Latin Quarter Specialty Center thus necessitating pursuit of the alternative mixed use development program. Based on these negotiationts, and within the budget permitted by remaining funds allocated for purchasing of lands to implement i the alternative development program for a mixed use project, the administration is recommending the purchase of four parcels of land (lots 1-3 and 17 -20 of block 104) contiguous with the existing DOSP site as the properties which optimize public land investments. f t _ rY� i. 91 nn. !'y, t i r, ti, R