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HomeMy WebLinkAboutR-87-1115J-87-1091 11/25/87 RESOLUTION NO. 97 -111W A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER FOR THE SELECTION OF THE DINNER KEY BOATYARD MANAGEMENT COMPANY, INC. PROPOSAL FOR THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT (UNIFIED DEVELOPMENT PROJECT) OF APPROXIMATELY 12.57 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE FOR A FULL -SERVICE BOAT YARD, MARINA AND ANCILLARY MARINE -RELATED FACILITY; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH DINNER KEY BOATYARD MANAGEMENT COMPANY, 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 BY THE CITY COMMISSION PRIOR TO THE EXECUTION OF SAID CONTRACT. WHEREAS, on October 7, 1986, by Resolution No. 86-808, the City Commission determined that the development of approximately 12.57 acres of City -owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayshore Drive, Miami, Florida, would best be accomplished by the Unified Development Project process for a full -service boat yard facility, marina, and ancillary marine -related retail use; and WHEREAS, on January 8, 1987, by Resolution No. 87-45, the City Commission authorized the issuance of a Request for Unified Development Proposals for a full -service boat yard, marina and _ marine related retail facilities at 2640 South Bayshore Drive, selected a certified public accounting firm and appointed members of a review committee; and WHEREAS, the Request for Unified Development Proposals for 2640 South Bayshore Drive was issued on January 19, 1987, and contained specific evaluation criteria to be used by the i certified public accounting firm and the review committee; and CITY COMMISSION MEETING OF DEC 10,1-e7��.a ccniurlON No. — FN Ors WHEREAS, two proposals were received by the City in response to the Request for Unified Development Proposals on April 20, 1987, 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 teams, their proposed financial strategies, assessed comparatively the short and long-range economic and fiscal return to the City and evaluated the market analysis and economic feasibility of the proposed developments; and WHEREAS, the review committee received the presentations of the proposers and input from the public and, after extensive analysis and discussion of the two proposals, rendered a written report to the City Manager containing an evaluation of each proposal based on the specific evaluation criteria in the Request for Proposals that included the experience of the development team including 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, taking into consideration the findings of the certified public accounting firm and the evaluation of the review committee, including any minority opinions, the City Manager's finding of facts based on review of the proposals and personal interviews with each proposer and the proposers development and management teams, hereby recommends the acceptance of the Dinner Key Boatyard Management Company, Inc. proposal; and WHEREAS, said finding of facts include the expressed City Commission and community's desire to continue without interruption a full -service boat yard facility and marina operation at the site, the immediate increase in revenues to the City from the current $165,000 per year to $350,000 per year, the immediate expenditure of $1,500,000 for site and facility capital improvements, a long-range investment, including the $1.5 2 8 7'-1115 r million, of $2,750,000 in capital improvements to the property and $1,250,000 investment in equipment to be used in the operation of the facilities at the site, and the negating of an extensive delay (in excess of 6 months) and operation of the renovated facilities that would be caused by rejection of all proposals and the reissuance of a Request for Proposals; and WHEREAS, the recommendation of the City Manager is conditioned upon negotiating a contract which includes the immediate commencement, upon execution of the contract, of all capital improvements to the site, the existing facilities and new facilities, including but not limited to, providing fire protection and bringing the facilities into conformity with life safety and handicap access requirements, existing wet slip repair and renovation, the addition of new marina facilities, seawall repair, site drainage repair, replacement of paving in all areas of the site, construction of new dry storage roads, construction of the do-it-yourself boat repair yard area, construction of the restaurant and management office facilities, the acquisition of all permits and approvals necessary to carry out the work, placing the proposed $1,500,000 equity in escrow to be drawn dawn upon evidence of performance of said capital improvements upon a schedule and budget approved by the City Manager, providing complete plans and specifications by licensed architects and engineers (construction documents) for all work to be performed at and upon the site, accommodate all parking requirements on site, and provide a bay walk pedestrian access across, upon and within the site; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recommendation of the City Manager that Dinner Key Boatyard Management Company, Inc. be selected for the planning and design, construction, leasing and management (unified development project) of approximately 12.57 acres of city -owned waterfront property located at 2640 South Bayshore Drive for a full -service boat yard, marina and ancillary marine - related facility is hereby accepted. q 8 7-1115 h� f f'*1 Section 2. The City Manager and the City Attorney are hereby authorized and directed to negotiate a contract with Dinner Key Boatyard Management Company, Inc. for the unified development of the 2640 South Bayshore Drive property. Section 3. The City Manager and the City Attorney are further directed to negotiate said contract, requiring said contract to comply with City minority procurement program ordinance requirements and to include terms and conditions as set forth herein: The immediate commencement, upon execution of the contract, of all capital improvements to the site, the existing facilities, and new facilities, including but not limited to: - provision of fire protection; conformance of all facilities with life safety and handicap access requirements - repair and renovation of existing wet slips - addition of new marina facilities - full length seawall repair and/or replacement - site drainage repair throughout all areas of the site - paving replacement throughout all areas of the site - construction of new dry storage roads - construction of the do-it-yourself boat repair yard area - construction of the restaurant and management office facilities - accommodation of all parking requirements on site - provision of a public baywalk pedestrian access across, upon, and within the site - acquisition of all permits and approvals necessary to carry out the work - placement of the proposed $1,500,000 equity in escrow to be drawn down upon evidence of performance of said capital improvements upon a schedule and budget approved by the City Manager 4 9 7-1115 provision of additional market assessment information to validate assumptions supporting the financial projections provision of complete plans and specifications (construction documents) by licensed architects and engineers for all work to be performed at and upon the site Section 4. The City Manager is further directed to present the negotiated contract to the City Commission as soon as practicable for consideration and approval by the City Commission prior to execution thereof. PASSED AND ADOPTED this 10th day of December , 1987. XAVIER L. SUARSV, Mayor ATTE�� A MATn HIRAI, City rk PREPARED AND APPROVED BY: APPROVE TO FORM AND CORRECTNESS: ROBERT F. CLARK IA A. DO HERTY Chief Deputy City Attorney City Attorney 39 CITY OF MIAMI. FLORIDA = INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members DATE: NOV ` 5 ign"7 FILE: of. the City Commission �� SUBJECT: Selection of Dinner Key Management Company, Inc. for the Unified Development of 2640 S. Bayshore Dr. — Cesar H. Odio FROM: City Manager REFERENCES: Resolution for City Commission Meeting of December 10, 1987; ENCLOSURES: RFP; Proposal; C.P.A. & Review Committee Reports RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution accepting the recommendation of the City Manager with qualifications for the selection of the Dinner Key Boatyard Management Company, Inc. proposal for the planning and design, construction, leasing and management (unified development project) of approximately 12.57 acres of City -owned waterfront property located at 2640 South Bayshore Drive for a full -service boat yard marina and ancillary marine -related facility; authorizing and directing the City Manager and the City Attorney to negotiate a contract with Dinner Key Boatyard Management Company, 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 by the City Commission prior to the execution of said contract. BACKGROUND On October 7, 1986, by Resolution No. 86-808, the City Commission determined that the development of approximately 12.57 acres of City - owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayshore Drive, Miami, Florida, would best be accomplished using the Unified Development Project process for a full -service boat yard facility, marina, and ancillary marine -related retail use. The Request for Unified Development Proposals was issued on January 19, 1987, containing specific evaluation criteria to be used by the certified public accounting firm and the review committee as follows: 39-1 S7-1115 0 Honorable Mayor and Members of the City Commission Page Two The certified public 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 assessed the proposer' market analysis and 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 of proposed minority participation. Two proposals were received by the City in response to the Request for Proposals on April 20, 1987 from the following: 1. Coconut Grove Seaport Ltd., Inc. 2. Dinner Key Boatyard Management Company, Inc. While both proposals were deficient in some part, the City Attorney ruled that they were sufficient to be evaluated by the CPA firm and the review committee. The following summarizes their reports: Certified Public Accountant 1. Coconut Grove Seaport There are a number of issues which should be critically evaluated if the Coconut Grove Seaport proposal is to receive further consideration from the City.. These items include: - The developers are not committing any equity funding to the Project. - The financial capability and capacity of the development team have not been demonstrated. N - 87--1115 Honorable Mayor and Members of the City Commission Page Three - The capital financing plan is in the preliminary stages and appears to be difficult to attain. - The projected operating results are dependent upon a $600,000 payment from the firm subcontracting the boat yard operation. Insufficient information has been provided to permit evaluation of the likelihood that this payment will be received. 2. Dinner Key Boatyard Dinner Key Boatyard has proposed a plan that appears to be workable for both the operations and capital financing of the Project. The anticipated operations would closely parallel the existing Merrill Stevens operations. No market or feasibility study was provided covering the new revenue sources for the Project. There are a number of inconsistencies between the written description of assumptions and the projected financial statements. It does not appear that correction of these inconsistencies would cause Dinner Key Boatyard to exceed its proposed bank borrowing limit of $1,500,000. Should the City decide to move forward with consideration of the Dinner Key Boatyard proposal there are a number of actions which we recommend be taken prior to or in connection with granting the lease: - Require the proposer to provide additional market assessment information to validate assumptions supporting the financial projections. This information should be developed by an independent third -party. - Negotiate the timing of capital improvements to ensure the City's objectives are met. Evaluate the impact on projected cash flows resulting from acceleration of capital improvements (particularly non -revenue producing capital improvements). 3 8 7-1115 A Honorable Mayor and Members of the City Commission = Page Four. - Grant the lease subject to obtaining a letter of credit or other security suitable to assure the availability of sufficient funds for required working capital and City lease payments. - Establish a -procedure to verify the dollar amount and nature of capital expenditures. Review Committee Following deliberations at four meetings, the Review Committee concluded its responsibilities by the following motion being made: - A motion to not recommend any of the proposers to the City Manager failed by a vote of 4 to 3 - A motion to recommend the Dinner Key Boatyard. proposal failed by a vote of 4 to 3 - A motion to recommend the Cocouut Grove Seaport proposal failed by a vote of 7 to 0. A minority report was filed by 3 of the 9 Review Committee members recommending the Dinner Key Boatyard Management Company proposal to the City Manager. The minority report = suggested that any perceived deficiencies in the Dinner Key Boatyard Management Company proposal are capable of being eliminated during the contract negotiation process with the City's legal department. I have taken into consideration the Findings of the CPA firm and the evaluation of the Review Committee, including the minority opinion submitted by Bill Hicks, Review Committee Chairman, resolutions by The Waterfront Board, The Marine Council and The Greater Miami Chamber of Commerce recommending favorably the selection, as well as reviewing each of the proposal documents. Each proposer, including their development and management teams, were then interviewed by myself and my immediate staff giving them the opportunity to present as full an explanation of their proposal as allowed under the limitations of the unified development project procurement process. 0 Honorable Mayor and Members of the City Commission Page Five In making my recommendation I have taken into consideration the following: 1. The expressed City Commission and community's desire to continue without interruption a full -service boat yard facility and marina operation of the site. 2. The immediate increase in revenues to the City from the current $165,000 per year to $350,000 per year. 3. The immediate expenditure of $1,500,000 for site and facility capital improvements, a long-range investment, including the $1.5 million, of $2,750,000 in capital improvements to the property and $1,250,000 investment in equipment to be used in the operation of the facilities at the site. 4. The negating of an extensive delay (in excess of 6 months) of the operation of the renovated facilities that would be caused by rejection of all proposals and the reissuance of a Request for Proposals. This recommendation is expressly conditioned upon negotiating a contract requiring Dinner Key Boatyard Management Company, Inc. to comply with City minority program procurement ordinance and to include terms and conditions as following set forth: The immediate commencement, upon execution of the contract, of all capital improvements to the site, the existing facilities, and new facilities, including but not limited to: - provisions of fire protection; conformance of all facilities with life safety and handicap access requirements - repair and renovation of existing wet slips - addition of new marina facilities - full length seawall repair and/or replacement - site drainage repair throughout all areas of the site - paving replacement throughout all areas of the site - construction of new dry storage roads - construction of the do-it-yourself boat repair yard area 5 0. AF Honorable Mayor and Members of the City Commission Page Six - construction of the restaurant and management office facilities - accommodation of all parking requirements on site - provisions of a public baywalk pedestrian access across, upon, and within the site - acquisition of all permits and approvals necessary to carry out the work - placement of the proposed $1, 500, 000 equity in escrow to be drawn down upon evidence of performance of said capital improvements upon a schedule and budget approved by the City Manager - 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 of additional market assessment information to validate assumptions supporting the financial projections. We have reviewed the impact of the required capital cost adjustments to the proposers cash flow and concluded that based on their own projections of income and their proposed capital imvestment, it is demonstrated that Dinner. Key Boatyard Management Company can accomplish their goals and the City will benefit by the proposes] operation. It is recommended that the attached Resolution be adopted in its entirety at the City Commission meeting of December 10, 1987. b 2640 SOUTH BATSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEV COMMITTEE FINAL REPORT TO THE CITY MANAGER October, 1987 t 8'7-iii5 �`_- 2640 SOUTH BAYSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEW COMMITTEE FINAL. REPORT TO THE CITY MANAGER - Q�f October, 1987 s ' 8'7-1115 ICOLSON HICKS & EACON TELEPHON2 WILLIAM M. HICKS (3 �. a.b�S) 373.6400 � Vi1 i ..t October 26, 1987 r `•` Cesar H. Odic, f 4a;City Manager City of Miami P. O. Box 330708 j,';i' Miami, Florida Dear Mr. Odio s On October 7th, 1986, by resolution number 86-808, the City Commission of the City of Miami determined that the 5=�;►i development of approximately 12.57 acres of city owned water front property located at 2640 South Bayshore Drive, Miami, Florida, would best be accomplished usingthe UDP rocess for a full service boatyard facility and ancillary marine "5! related retail use. Thereafter on January 19, 1987, the •'y=:, city issued its` request for unified developement proposals, Inviting all interested parties to submit proposals for the planning and design, construction, leasing and management of the property. Upon recommendation of the City Manager, and a review committee to evaluate each proposal was appointed. In response to the City's request there were two proposals submitted. One by Dinner Rey Boatyard Management Company and the other by Coconut drove Seaport Limited, Inc. Following receipt of these two proposals the Review Committee met on several occasions in public forum to establish procedure, to receive supplemental information, to allow each group to make a formal presentation and finally to review and evaluate each of the proposals. SOUTHEAST FINANCIAL CENTER. FLOOR lid. 200 S. BISCAYNE BLVD. MIAMI, FLORIDA 33131.2310 4 8 7-1115 4% % Page Two Mr. Cesar H. Odio October 26, 1987 As required by the RFP, the Review Committee carefully ti considered the following the factors: Experience of the proposer (2) Capability of the development team (3) Financial capability, level of financial commitment 14) Financial returns to the city s 15) overall project design (6) Extent of minority participation. The committee also had, at its' disposal, the report filed September 10, 1987, by Arthur Anderson and Company for use in evaluating all factors having to do with financial considerations. The committee fully discussed and evaluated +ter each of the six factors outlined above and assigned grades or scores to each factor. ,The numerical values assigned by each member to each of the factors was then published to the group in attendance. Thereafter, the following motions were made. A motion to not recommend any of the proposals to the City Manager. The motion failed by a vote of four to three. A motion to recommend the Dinner Key Boatyard proposal to the City Manager. The motion failed by a vote of four to three. A motion to recommend the Coconut drove Seaport proposal to the City Manager. The motion failed by a vote of seven to zero. The committee regrets its' inability to make a strong and positive recommendation with regard to either of the proposals. it is sincerely hoped, however, that with the Information contained in the attached report the City Manager can make a recommendation to the City Commission which will ultimately result in action being taken by the city which will result in the retention of and further development of a full service boat y rd marina fadility on this very valuable piece of water ont property at Dinner Rey. WMit: vk Enclosure liam COL30N HICKS & BID30N MIAMI, FLOFJDA r your , Hic 87-11t5 TABLE OF CONTENTS MEMBERS OF THE REVIEW COMMITTEE .........................•. BACKGROUND ...........:.................................... PROCEEDINGS ............................................... EVALUATION PROCESS ........................................ MINORITY REPORT* ...... ee ......... APPENDIX A. Staff Review of Proposals APPENDIX B. Evaluation Criteria Score Sheets APPENDIX C. Report to City Manager Prepared by Arthur Andersen & Co. 11 Page - 1 2 3 4 6 — 8 7-1115 11 0 MEMBERS OF THE REVIEW COMMITTEE 2640 SOUTH BAYSHORE DRIVES PROPERTY UNIFIED DEVELOPMENT Members of the Public Bill Hicks, Chairman Richard Briggs Henry Givens Raul L. Rodriguez Donald D. Anguish City Employees - John A. Blaisdell Edith M. Fuentes Sergio Rodriguez Albert Ruder Colson, Hicks & Eidson Attorneys The Marine Council The Waterfront Board Rodriguez, Khuly, puiroga Architects The University of Miami Miami Sports & Exhibition Authority Building & Zoning Department Planning Department City Manager's Office 1 8 7-1115 0 RECOMMENDATION TO THE CITT MANAGER On September 239 19879 the Review Committee concluded its deliberations and evaluation of the Coconut Grove Seaport, Inc. proposal and the Dinner Key Boatyard Management Company, Inc. proposal submissions for the unified development of the 2640 South Bayshcre Drive Property. The Review Committee makes no recommendation with regard to — either proposal to the City Manager. At its meeting of September 23, 1987, a motion was introduced to not recommend any of the proposals to the City Manager. The motion failed by a vote of 4 to 3• A second motion to recommend the Dinner Key Boatyard Management Company, Inc. failed by a vote of 4 to 3. A third motion to recommend the Coconut Grove Seaport, Ltd., Inc. proposal failed by a vote of 7 to 0. BACKGROUND On January 8, 1987, by Resolution 87-45, the City Commission authorized the issuance of a Request for Proposals (RFP) for the =' Unified Development of a full -service boat yard facility, marina and up to 20,000 sq.ft. of ancillary marine -related retail use on — an approximately 12.57 acre site of waterfront property located at 2640 South Bayshore Drive on Dinner Key, commonly referred to as the Merrill Stevens Dry Dock Company leased property. The property consists of 6.36 acres of upland and 6.21 acres of contiguous baybottom. The Request for Proposals document, issued January 19, 1987, sought -an integrated development package from a private entity to include planning and design, construction, leasing and management of a full -service boat yard facility, marina, and marine -related retail use of publiely-owned property while enhancing public access to the waterfront. The due date for proposal submissions was April 20, 1987. Two proposal submissions were received. Proposals were submitted by Coconut Grove Seaport, Inc. and by Dinner Key Boatyard Management Company, Inc. By Resolution 86-1017, the City Commission appointed nine members to evaluate the two proposals received in response to the City's ` RFP and to render a written evaluation.of its findings to the City Manager, ' including any minority opinions, as required by City of Miami Charter Section 53(c) for Unified Development Projects. 2 8'7-iii5 1 PROCEEDINGS The Review Committee appointed by the City Commission held a total of four meetings. Throughout the proceedings, the Committee observed requirements as set forth in the "Government in the Sunshine" Law and "Public Records" Act. A 10-day rule for public notice of scheduled meeting dates was observed. All meetings were duly recorded. The first meeting of May 4, 1987, served to brief the Committee on the Unified Development Project process and its responsibilities for evaluating the two proposal submissions, as defined by City Charter Section 53(c). The Review Committee requested City staff to review the proposals submitted by Coconut Grove Seaport, Inc. and Dinner Key Boatyard Management Company, Inc. for responsiveness to the RFP and present their findings at the next meeting. A second greeting of the Review Committee was held May 22, 1987. A presentation by the Law Department was made regarding the legal responsiveness of the proposals to the RFP. The Law Department discussed, at the Committee's request, the issue of fair market value and return to the City. It was noted that the Charter Amendment passed November, 1986, regarding the fair market .value issue did not impact the Committee's de.liberations.. - As requested by the Committee at its meeting of May 4, 1987, the Department of Development presented its findings related to the review of the two proposals. Two types of issues were raised by the review; items stipulated by the RFP to be submitted that were not submitted; and items submitted but commented upon regarding completeness of said submission. The requested review and its findings as distributed to the Committee and proposer's are included as Appendix 'A' to this report. Discussion ensued and a motion was passed requesting both proposers to furnish the — Committee with those items cited as "not submitted" with their respective proposal. The Law Department ruled that it would review the list of items not submitted and determine which items of a supplemental nature are allowable to be provided to the Committee for clarification purposes only. It was determined that the proposer's would be notified in writing and given 15 i days to respond. A letter to each proposer was sent June 1, 1987, detailing the information ruled as allowable for submission to the Committee. The proposer's were to furnish the supplemental material by June 15, 1987. Coconut Grove Seaport, Inc. and Dinner Key Boatyard Management Company, I:.e. complied. All supplemental information received was distributed to the Review Committee. - 3 8 7-ii15 The Review Committee convened a third time on August 7, 1987. The meeting was dedicated to presentations by the proposing teams of Coconut Grove Seaport and Dinner Key Boatyard, respectively. The opportunity was made available for the Committee to hear public testimony from those in attendance and for the Committee to further question each proposer. The Review Committee requested the selected certified public accounting firm of Arthur Andersen & Co. to present its analysis of the two proposal. submissions, as rendered independently to the City Manager in its Final Report dated September, 1987, to the Committee at its next meeting. The fourth and final meeting of the Review Committee was held on September 23, 1987. Representatives of Arthur Andersen & Co. presented its analysis of the Coconut Grove Seaport, Inc. proposal and of the Dinner Key Boatyard Management Company, Inc. proposal. Members of the Committee were given the opportunity to discuss any aspect of the proposals prior to commencing evaluation. *The remainder of -the meeting was dedicated to the Committee formulating its recommendations to the City Manager by a vote of its members. 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 said Review Committee 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 10% Total 100% A score sheet consisting of a matrix that ine�uded the above criteria, preassigned percentage weights, and the names of each proposing team was distributed to each of the seven Committee - 4 members present. Committee members absent included Henry Givens and John Blaisdell. The Committee discussed the criteria prior to its members independently scoring the proposals under evaluation. At the conclusion of the scoring process, Committee members took an individual opportunity to state the total scores achieved by each of the proposals with concluding remarks. The evaluation criteria score sheets are included as Appendix 'g.' Included as Appendix 'C' is the "Report to the City Manager" prepared by Arthur Andersen A Co., as adopted by the Review Committee as part of this report. Following concluding remarks by each of the seven Committee members in attendance, a motion was introduced to not recommend any of the proposals to the City Manager. The motion failed by a vote of 4 to 3• A second motion was made to recommend the Dinner Key Boatyard Management Company, Inc. proposal to the City Manager. The motion failed by a vote of 4 to 3. A motion to recommend the Coconut Grove Seaport, Inc. proposal to the City Manager was then discussed. The motion failed by a vote of 7 to 0. Further discussion did not result in any additional actions. The Review Committee determined to present its findings. with _ accompanying score sheets . to the City Manager for- his consideration in formulating a recommendation to the. City — Commission. All correspondence between the Review Committee, City staff, Coconut Grove Seaport, Inc. and Dinner Key Boatyard Management Company, Inc.; proposal documents; supplemental materials; tape recordings of the Review Committee meetings; and any other materials related •to the 2640 South Bayshore Drive property unified development are on file and available at the City of Miami Department of Development. 5 87-1115 0 0 MINORITY REPORT While agreeing to the facts recited in the Committee Report filed herein, we, the undersigned, file this minority report to express our general disagreement with the results and opinions expressed or not expressed by the votes of the full committee. Basically, we believe that the proposal submitted by the Dinner Key Boatyard should be recommended for approval by the review committee to the City Manager. The ownership of Dinner Key Boatyard is comprised of solid, long time citizens of this community with a proper blending of financial stability, business acumen, marine -related experience and a history of civic and social conciousness. The individual partners' personal commitments to make substantial capital contributions and to borrow necessary funds for capital improvement and operating expenses indicates a strong intent to see this project through to a successful conclusion. The projected return to the City is well within that required and, most importantly, Dinner Key Boatyard gives the City and this community the best, and perhaps the only, opportunity to retain this fabulous site as a no-nonsense, hard-working, full -service boat yard facility and marina. 6 8'7-i1i5, We believe that any perceived deficiencies in the Dinner Rey - Boatyard proposal are capable of being eliminated during the contract negotiation process with the City's legal department and hereby recommend with approval the proposal of Dinner Key Boatyard to ity Manager. William M. Hicks, Review Committee Chairman Don"hr4Uish ichard Briggs Henry Givens Raul Rodriquez John Blaisdell Edith Fuentes Sergio Rodriquez t � . i f Albert Ruder s k _i `' 13 7-4115 APPENDIX A STAFF REVIEW OF PROPOSALS 2640 SOUTH BAYSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEW OF PROPOSALS SUBMITTED APRIL 200 1987 RFP Requirements I. Proposal Submission Procedures A. Received by 2:00 pm., April 20, 1987, at Clerk's Office B. $1500 cashiers check accompanying submission C. 20 copies of bound proposals D. 1 set of board -mounted illustrations not to exceed 30"x4o" II. Proposal Submission Forms A. Declaration Form B. Proposer Form C. Partnership or Corporation Form D. Proposer"s Experience Statement E. Proposer's References F. Proposer's Architect/Engineer G. Architect's/Engineer's Experience Statement H. Architect's/Engineer's References -I. Proposer's Contractor/Construction Mngr./Mngt. Contractor r J. Contractor's/Const. Mngr's./Mngt.Contractor's Experience Statement K. Contractor's/Const. Mngr'a./Mngt. Contractor's References • -1- Submitted By Coconut Grove Seaport Ltd.I YES I NO ;l X X X X X X X X X X X X X X Submitted Dinner Ke )atyard Mng YES I N X X X X X X X X X X X X KA �.�._.__..._ ... ! _!:..��.H..,.-_...!.._..__! _�._��i-__ � ! . _ _ Illi llllll IIIIIII�IIII■ILV � II _� � : i ---�� i _-_�-� :� _ � � � , III. Proposal Format 1 1+ CA 2640 SOUTH BAYSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEV OF PROPOSALS SUBMITTED APRIL 20, 1987 RFP Requirements A. Credentials 1. Identity of proposer, including organizational structure and names and addresses of principals 2. Proposer's experience 3. Evidence of financial capacity to undertake project proposed B. ' Project Proposal 1. Development Plan: a. description b. architectural character c. no. of buildings and use, sq.ft., height d. architectural.features e. methods of construction f. no. of wet storage slips g. no. of dry storage slips h. no. of retail entities, type, sq.ft. I. parking requirements 2. Schematic Drawings (board -mounted, not to exceed 30"x40") a. illustrative site plan b. elevations, sections and floor plans 3. Schedule of Project Amenities 4. Project Management Plan 5. Project Development and Operating Pro Formas including Proposed Lease Payments 6. Project Implementation Schedule I I11� 1� s 11 1 °�I I1� 10, -2- Submitted By Coconut Grove aaport Ltd. Inc, YES X X1 X X X X X X X X X X X X2 X Submitted By Dinner Key )atyard Mngt . NO YES NO X X X X X X X X X X ` X XJ X] X x X X X2 III II I'' '�l�l II 2640 SOUTH BAYSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEY OF PROPOSALS SUBMITTED APRIL 20, 1987 RFP Requirements C. Additional Requirements 1. Declaration, financial disclosure and professional information as detailed in Sections VII. and VIII. of RFP document 2. A response to all applicable aspects of the contract terms and conditions as detailed in Section VI. of RFP document 3. A $350,000 minimum annual guaranteed rental payment to the City or the dollar amounts for payment to the City of a percen- tage of gross revenues collected, whichever is greater 4. A schedule including all steps of planning and design, construction, and operation 5. Letters from financial institutions documenting the proposer's ability to finance the proposed development 6. Letters indicating the proposer's ability to obtain required bonds and insurance 7. Letters documenting the proposer's and development team's past experience in related development and management 8. Resumes of key individuals to be involved in proposed.develop• 9. Documentation of minority participation pursuant to the goals set forth in City of Miami Ordinance No. 10062 r IA C1 Submitted By Submitted Coconut Grove Dinner Ke Seaport Ltd. Inc. Boatyard Mn YES I NO YES 1 X X3 X X3 X4 ' X X5 X X X X X4 X5 X X X X 1A 06 (JI 2640 SOUTH BATSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEV OF PROPOSALS SUBMITTED APRIL 209 198T Submitted By Submitted i RFP Requirements Coconut Grove Dinner Kel Seaport Ltd. Inc Boatyard Mngl YES NO YES N IV. Other Requirements Stipulated in RFP A. Provides equity and debt capital adequate to finance all aspects of the proposed unified development (p.7) B. Lease term does not exceed the year 2012 (p.7); term structured according to dollar amount of investment (p.13) C. Includes adequate market and feasibility studies to allow assessment and evaluation by the CPA firm (P.7) D. Renovation and upgrading of existing marina•facilities. including repair and/or replacement of the seawall (p.7) E. Includes a definitive development program including phasing, if any, financial strategy and feasibility, and a guaranteed time of completion schedule (p.12) F. Meets development objective (p.13) G. Complies with Use (p.14,15) 1. Principal Uses: a. full -service boat yard facility b. marina facilities 2. Accessory Use: a. a maximum of 20,000 sq.ft. of retall.space to provide marine -related retail services b. of the 20,000 sq.ft. of retail space, a maximum of s,000 sq.ft. for food and beverage sales -4- X x x X6 X X X X X X X X X X X M i+ N G't 2640 SOUTH BAYSHORE DRIVE PROPERTY UNIFIED DEVELOPMENT REVIEW OF PROPOSALS SUBMITTED APRIL 20, 1987 Submitted By Submitted RFP Requirements Coconut Grove Dinner Ke Seaport Ltd. Inc Boatyard Nngi YES NO YES N( H. Architectural Treatment of Facilities (p.15) 1. Overall height of new structures limited to 55' above grade including flood criteria 2. New structures recognize view corridor 3. New structures recognize public access requirements I. Site Improvements (p.16) 1. Maximum 20' wide public access easement along the water's edge from north to south �. J. Estimated construction cost furnished for entire development (p.16; K. Project financing strategy provided for all building and site improvements (p.16) -5- X X X X X X X X X X X X REVIEW OF PROPOSALS SUBMITTED AP�IL 20, 1987 0 Coconut Grove Seaport Ltd., Inc.: X1 (III.A.3.): Appendix A of the proposal includes balance sheets of the limited partners in Coconut Grove Seaport Ltd, Inc. as evidence of the proposer"s financial capacity. It is beyond the scope of this review to analyze the evidence submitted as to the proposer's financial capacity to undertake the project proposed. Arthur Andersen & CO.'s Scope of Services includes analysis of the proposer's financial oap4city. X2 (III.B.5.): Section 3-2 of the proposal is entitled "Pro Forma Analysis." The Pro Forma is not in accordance with generally acceptable accounting principles. Proposed lease payments are not Included. X3 (III.C.3.): Section 4-1 of the proposal presents two alternatives for financial return to the City. Alternative A offers the City $200,000 in year 1 while the project is in construction. In years 2-25, the base rent offered the City is $200,000. Alternative A does not guarantee a minimum annual rental payment. to .the City of..$350,000. Alternative B offers the City $200l000 in year 1 while the project is in construction. In years 2-25, the base rent offered. the City is $350,000. Clarification is required as to whether the base rent offered the City is a guaranteed minimum annual rent payment. The dollar amounts for payment to the City of a percentage of gross revenues are not included. X4 (III.C.4.): Section 2-3 of the proposal is entitled "Development Schedule." The schedule does not include all steps of construction and operation. X5 (III.C.6.): Appendix E of the proposal is entitled "Insurance Requirements." The letter from Westland insurance Agency, Inc. included addresses insurance. It does not address proposer's ability to obtain required bonds. X6 (IV.C.): Appendix F of the proposal is entitled "Market Analysis." The market analysis is an excerpt from the City of Miami's Dinner Key Master Plan 1984, as amended January, 1985. No feasibility study is included. 8 7- 4115 Dinner Key Boe10.9rd Management Co.: 1 X (III.B.2.): The proposal submission does not include schematic drawings. A diagrammatic site plan and an elevation of the proposed restaurant is included in the 8-1/2"0.1" proposal submission document. An illustrative site plan, section and floor plans are not included. X2 (III.B.6.): Proposal includes sections entitled "Estimated Construction Schedule" and "Project Lead Time Estimates." The Schedule and Lead Time Estimates do not reference calendar dates. X3 (III.C.1.): Professional Information is included in the proposal submission. The Declaration Form and Financial Disclosure are not included in the submission. X4 (III.C.4.): The schedule included in the proposal does not include all steps of planning, design and operation. X5 (III.C.5.): A letter from Southeast Bank, N.A. is included t in the proposal stating that Southeast Bank has agreed to consider the proposal's borrowing requirements over the initial six period in the range from $1 million to $1.5 million. X6 (IV.G.2.a.): The proposal includes, as an alternative to retail space to provide marine —related retail services as an accessory use, 15,120 gross sq.ft. of mini -warehouse storage space. 2 S7-iii5 APPENDIX B EVALUATION CRITERIA SCORE SHEETS REVIEW COMMITTEE SCORE SHEET 2640 SOUTB NATSKORE DRIVE PROPERTY UDP Coconut Grove Dinner Key Evaluation Criteria weight/. Points seaport Proposal Boatyard Proposal . Experience of the Proposer 15 740 Capability of the 15 / 716 Development Team Clot) . Financial Capabil•itys 20 Level of Financial Commitment c . Financial Return to •20 / the City Gqo) Overall Project Design 20 9' G 00) . Extent of Minority 10 Participation 00) Total Points C�515W Avss.416) 100 (700) I 9 IWO Committee Member (Print) Committee Member (Signature) Date a f n87-1115 REVIEV COMMITTER SCORE SHEET 2640 SOUTH BAYSHORR DRIVE PROPERTY UDP Coconut Grove Dinner Key Evaluation Criteria 6 weight/. Points Seaport Proposal Boatyard proposal . Experience of the Proposer h . Capability of the Teas 15 Development . Financial Capability. ZO ly Level of Financial Commitment . Financial Return to City 20 the . Overall Project Design 20 -- . Extent of Minority 10 Participation Total Points ,, 100 t Committee Memb r (Print) Committee Ifinbec Signature r Date h 9 7-1115 V REVIEM COMMITTEE $CORI SdhT — 2640 SOUTH BATSHORE DR1VE PROPERTY UDP Coconut Grov Dinner Rey Evaluation Criteria I weight/• Seaport Boatyard Points Proposal Proposal . Experience of the Proposer Zo Capability of the 15 Development Team 13 . Financial Capability) 20 R.!'•!� Level of Financial 74 Commitment . Financial Return to 20 the City . Overall Project Design 20 �. . Extent of Minority Participation 10 r� l Total Potats 100 . 3 Committee Member (Print) Committee Member S gnature) Date REVIEW COMMITTEE SCORE SHEET 2640 SOUTH SAYSHORE DRIVE PROPERTY UOP Coconut Grove Dinner Rey Evaluation Criteria .1 weiaht/. Points Seaport Proposal Boatyard Proposal Experience of the Praposer fo 15 Q /O Capability of the 15 /0 Development Team . Financial Capability# 20 00 DO Level of Financial Commitment . Financial Return to the City 20 10 So Overall ProjeC% Design 20 % /3 . Fxtent of Minority Participation 10 o9 09 . Total Points 1, I 100 -6f r, Committee Member (Print) Commi ember Si ature /.I.r (VIP Date Of y s 87-41Li5 REVIEW COMMITTEE SCORN SHEET 2640 SOUTH BAYSHORE DRIVE PROPERTY UOP Coconut Grove Dinner Key Evaluation Criteria R Weiaht/• Pointe Seaport proposal Boatyard Proposal . Experience of the Proposer 15 . Capability of the 15 Development Team . Financial Capabilityg Level of Financial 20 '^ d�✓ Commitment . Financial Return to 20 the City So Overall Project,Design 20 1 . Extent of Minority Participation 10 � 7 {, Total Points 100 , f , Y. f4i.L. -�Aicw..w Cooml1 a Member (Print) Committee Member Signature C5, �3 1 Date. I 1.4 , 8'7-4115 REVIEW COMMITTEE SCORE SUBST 2640 SOUTU DAYSMORS DRIVE PROPERTY UDP Coconut Grove Dinner Key Evaluation Criteria % Weight/• Points Seaport proposal Boatyard Proposal . Experience of the Proposer 15 % ld . Capability of the Development Team 1. Financial Capabilityp 20 Level of Financial Commitment . Financial Return to 20 /a 2 the City . Overall Project Design 20 L— . Extent of Minority 10 Participation Total Point• ,! 100 Committee Member (Print) * REVIEW COMMITTEE SCORE SHEET 2640 SOUTH EAYSHORE DRIVE PROPERTY UDP Coconut Oro v Dinner Rey Evaluation Criteria b Weight/. Seaport Boatyard Pointe Proposal Proposal . Experience of the Proposer ' 15 Q % Capability of the Development Team • Financial Capability. Level of Financial 2O p Commitment . Financial Return to 20 the City 9' 12. . Overall Project Design 20 12. Extent of Minority Participation 10 Total Points � 100 .4/ 4-3 Committee Member Print) Co �6 Signature Z3IF7 Date 8 7-1115 * RBVIXV COMMtTTl1E SCORR SIT 2640 SOUTH BAYSHORE DRIVK PROPERTY UOP Coconut Grove Dinner May Evaluation Criteria ! Weight/. Points Seaport Proposal Boatyard Proposal 1. Experience of the Proposer 15 g �r 2. Capability of the Development Teas . Financial Capability$ Level of Financial 20 Commitment . Financial Return to 20 the City S. Overall Project Design 20 . Extent of minority 10 �a Participation Total Points 100 ALr AL4*=r tAMf-JL Committee Member Print a — i - Committee Member (Signature) A e 9�a Date i t — s APPENDIX C REPORT TO CITY MANAGER PREPARED BY ARTHUR ANDERSEN & CO. a CITY OF MIAMI UNIFIED DEVELOPMENT PROIECT 2640 SOUTH 86YSHORE DRIVE REPORT TO THE CITY MANAGER SEPTEMBER 1987 J 87-1115 i - - a - _a — i -- n i s e t i t. AftTHUR ANbE1t3LN & CV Mr. Cesar N. Odio City Manager City of Miami P.O* Sox 330708 Miamie Florida 33233-0708 Dear Mr. Was ONII H/ec"1#8 TowIn1M3urre QI00 MIAMI, FLORMA 00101 10051074.0700 September 10e 1981 t Attached is our report relating to the evaluation and analysis of the proposals for the Unified Development Project at. 2640 South. Bayshore Drive,, Miamie Florida. We were assisted on this project by Sharptone Brunson i Co, and Verdejae Iriondo b Craviere both local, minority -owned CPA firms. The purpose of our engagement was to evaluate the proposals submitted relative to the CPA firs evaluation criteria outlined in the request for proposals. These criteria include the financial viability of the development teamsg the proposed financing 'strategies and the comparative short and long range returns to the City, We were also to assess each proposers market analysis and evaluate the economic feasibility of the proposed development, The procedures we performed includeds - Reading of the request for proposals - heading of each proposal - Attendance at all Review Committee meetings - Attendance at proposers' oral presentations - Interviews with representatives of each development teams Our report is based on the information included in the proposalsg supplemented by comments of a clarifying nature only made at the oral presentations or subsequent interviews. 4 9'7-1115 -2- Although we have reviewed and tested the projections and assumptions included In both proposals• our purpose has not been to validate individual• amounts or assumptions but to evaluate the proposals taken as a whole. We have not compiled or examined any of the prospective financial information included in the propo:als. Accordingly* we do not express an opinion or any other form of assurance on any of the prospective financial information or assumptioni included in the proposals. We sincerely appreciate this opportunity to be of service to the City of Miami. Very truly yours. l H E3'7-iii5 TABLE OF CONTENTS A. INTRODUCTION 8. DEMONSTRATED FINANCIAL CAPABILITY OF DEVELOPMENT TEAM C. FINANCING STRATEGY 0. FINANCIAL RETURN TO THE CITY D. DOLLAR VALUE OF CAPITAL IMPROVEMENTS AND DEVILOPMENT SCHEDULE F. CONCLUSION' I 9 7-1115 A. INTRODUCTION The City of Miami has invited interested parties to submit Unified Development Project proposals for development of a full -service boat yard facility* marinas and up to 200000 square feet of ancillary marine -related retdit use on approximately. 12.57 acres of waterfront property located at 2640 South Bayshore Drives Miami. A Request for Unified Development Proposals ("RFP") relating to the Project was issued by the City of Miami in January 1987. The RFP outlines information to be included in the proposals and the proposal evaluation criteria. Following the unified development ordinances the City of Miami Commission appointed a Review Committee to evaluate the proposals within the criteria established by the RFP. The Review Committee is then to provide a 'written report to the City Manager: As further specified in 'the ordinances the Commission appointed Arthur Andersen & Co. to analyse each proposal relative to certain criteria contained in the RFP. Arthur Andersen 6 Co. was assisted in this effort by Sharptons Brimson & Co. and Verdejes Iriondo i Crawlers both locals minority -owned CPA firms. On April 20s 19879 two proposals were received by the City in response to the RFP. The proposers were Coconut Grove Seaport Ltd.s Inc. ("Coconut Crow Seaport") and Dinner Key boatyard Management Company. Inc. ("Dinner Key Boatyard"). In a letter dated June 19 19879 the City of Mismis through its Departments of Law and Development requested certain information for clarification purposes only from the proposers. This' aformation was provided by each proposer prior to the June 159 1987 deadline, leach proposer made an 87-1115 oral presentation to the Review Committee on August 19 1981. Representatives of our firms met with representatives of each proposer to obtain information clarifying certain assumptions included in the written proposals. This report is based on the proposal documents. information.. submitted specifically in response to the June l$ t981 City request for supplemental . Intonation and comments of a clarifying nature only, imade at the oral presentations or subsequent interviews with representatives of our firma. _ The remainder of this report outlines our findings with regard to information presented in response to the R" criteria which we were to evaluate. 9 7-1115 -3- E B. DEMONSTRATED FINANCIAL CAPABILITY OF Tag DBVELOPMBNT TEAM Coconut Grove Seaport Coconut Grove Seaport was formed in March 1981 for the purpose of prpposing on the Vnified Development Project. The following is. a list of itockholdsto of . the corporations R.F. McElroy & Company CSR/Chisholm, Santos$ Raimundes Frank Batista Tom Smith Shares 43.6 4.0 3.6 1.8 60.0 .e" Percent Ownecshio 76% 13 6 3 100% The proposal includes no financial statements for Coconut Grove seaport. It Is not possible, therefore, to determine the financial position and capitalisation of the corpot4lon. Financial statements have been provided for R.F. McElroy & Company V%cElroy") and CSR/Chisholms Santos* RaLmundes These statements indicate that McElroye the 76% owner of Coconut Grove Seaport# has a net worth of less than $19M, CSR reported tangible net worth is $386*000* of which $223.00O is comprised of accounts receivable. F, financial statements have also been included in the proposal for frank Batista and Toe Smith. Both of these individuals have minimal net worth. It is anticipated that neither person will provide equity funding for the project. Based on the information submitted, Coconut Grove Seaport has not demonstrated that it has the financial capability for a project of the scope of this Unified Developments Dinner Key Boatyard Dinner Key Boatyard was formed in April 1987 for the purpose of proposing an the,Unified Development Project. Dinner Key Boatyard is the general partner of a newly formed limited partnership. Dinner Key Boatyardq Ltd., and would serve as manager of the Vnif ied Development project. Each limited partner is to contribute $259000 of capital to the partnership and provide sufficient collateral to guarantee a proportionate share of the partnership's revolver loan. Seventeen letters of intent to become limited partners have been signed by potential investors. The partnership intends to sell a total of 30 limited partnership units. Although most of the persons involved are well known business people and investors in the Miami community. no financial statements of any person or entity were submitted with the Dinner Key Boatyard proposal. It is not possible to determine the financial capability of the development team or the limited partnership without this financial information. 8 7-1115 Summary Comments Both proposers are newly -formed entities. Neither entity has the financial track record nor has provided sufficient financial information to demonstrate the financial capability for an undertaking of the scope of the Unified Development project. We suggest that in the event the City consideii granting a lease, that said lease be granted subject to obtaining a letter of credit or other security suitable to assure the availability of sufficient funds for required working capital and City lease payments. C. FINANCING STRATEGY Coconut Grove Seaport Ca Lp tal Financing Approximately $5%830,000 will be required to finance capital expenditures according to the Coconut Grove Seaport proposal. Three alternative sources of funding are discussed in the proposals an Urban Development Action Grant ("UDAG")g a limited partnership coupled with a 50% mortgagee and a joint venture participating mortgage with a pension fund. No indication is given in the proposal as to which funding alternative is most likely. The City of Miami RFP did not offer UDAG as a potential funding source for this Project. The proposal indicates 'that if the limited partnership alternative is selected* a preferred return of 9% would be made to the limited partneri. The related 50% mortgage would be obtained through a financial institution or — insurance company. Although the proposal describes three funding alternatives• the pro forma financial information included in the proposal assumes that the entire $5*8309000 of required capital wi1L be borrowed at an assumed annual intrreat rate of 9-1/2 percent for a 21 year term. No equity funding is assumed so the principals will have no financial commitment to the project. To obtain nearly $6 million of capital with no invested equity and no demonstrated• financial capability or track record will be very difficult. The assumed interest rate of 9-1/2 percent would be difficult to obtain even with a more appropriate balance of equity and debt financing. 8 7-1115 -I- protected Operating Results the proposal includes pro forms operating inforaation for a one year period. The implied assumption is made that operations for each of the 25 years in the lease term will be the same. A critical assumption in the Coconut Grove Seaport operating projections. relates to revenues from International Cruising Centers Group. This entity$ through a newly -formed corporation, "The International Cruising Centers at the Coconut Grove Seaport" ("International"). is to have the exclusive right to purvey dry dock storage. marine repair, sale of marine parts and boat brokerage at the site. That Jag Coconut Grove Seaport will subcontract the operation of the "full -service boatyard" to this third party. In return for this right. International is to invest 42509000 in capital expenditures and pay an annual rental fee of $600,000 to Coconut Grove Seaport. Witbout- this rental income. Coconut Grove Seaport would operate at an annual cash loss of approximately $325*000. The proposal includes no i4ormation regarding the financial capacity or capability of International. Without this informatione it is not possible to evaluate the financial viability of the Coconut Grove Seaport operating plan. Dinner Ke_l Boatyard Capital Financing ' Capital financing for the $4,680*000 of capital expenditures projected by Dinner Key Boatyard is to be comprised of $7509000 of limited partner equity, an $800.000 equipment loan and up to $L.500.000 of borrowings from a bank. Operating cash flows will also be utilised to fund a portion of the capital expenditures* investors have signed letters of intent for seventeen of the thirty available limited partnership units. The assumed interest rate for the equipment loan is 10%. Principal on this loan is projected to be repaid in five equal annual installments beginning in the fith year of operations. The bank loan is assumed to bear interest at 11% per year. The Loan is expected to be repaid with available funds after all operating and financing requirements have been satisfied. The final principal payment on the bank loan is anticipated to take place in the sixth year of the projections._ The equipment loan represents the financing of a buy-out of Merrill Stevens assets. No indication is given in the proposal as to the likelihood of ' purchasing this equipment frbm the current operator under these termse if this equipment can not be obtained form Merrill Stevens and must be purchased or lease -purchased from third -parties* the interest rates and payment terms required will probably be less favorable than those included in the projections. The Dinner Key Boatyard proposal includes a letter from Southeast Bank indicating that "subject to due diligence• documentation and credit approval. Southeast Bank..* bas agreed to consider accommodating Dinner Key Boatyard's 87-1115 10 -9 r 1P credit requirements...". Although this is not a firm COMmit"nt to provide financing, it indicates that Southeast Bank has been contacted by, the proposer* they have considered the merits of the Project and they are Interested in trying to work out a relationship with the proposer. Southeast Bank further demonstrated their interest in Dinner Key Boatyard bypreparing the financial projections submitted with the proposal and by having a representative of the Bank present at the oral presentation and subsequent Interview. Because of Southeast's participation in the preparation of the financial projectionsq it is prudent to assume that the interest rate and the related repayment terms included in the proposal are reasonable. Projected Oaeratina Results rinanciai projections for the initial 10 years of the lease period have been Included in the Dinner Key Boatyard proposal. Anticipated operations for the Project closely parallel the existing operations of Merrill Stevens. Several new sources of revenue are included in the projections including the followings � Annual Revenue Source Revenue* ?ravelift 3439000 Stack Storage 306 ^0 New Wet Slips 188.000 Restaurant 3609000 Do -It -Yourself 900000 Mini Storage 93s000 $1938Z.000 * indicates revenue in first full year of operation for each revenue source. 4 8 7--ii15 10 No market or feasibility study relating to the Project has been included in the proposal. Representatives of Dinner Key Boatyard have indicated that this information is not necessary because the new operation will be very similar to the existing operation and because the new revenue sources,other than the restaurants are marine -related. Dinner Key Boatyard representatives have indicated that there is an extremely high demand for all types' of, marine -related services in Dade County. Operating expenditures included in the financial projections also closely parallel the expenditures of existing operations at the site. Operating costa relating to the new revenue sources detailed above are anticipated to be approximately $480.000. This level of margin is expected because several of the new revenue sources such as stack storage, vat slipst do -it yourself and mini storage will require Minimal operating involvement from Dinner Key Boatyard or can sake use -of existing .w*loyses...The projections also Assume certain cost savings due to higher efficiency and greater worker productivity of the new operations. The projected financial statements include an assumption that working capital of $1509000 - $1809000 will be required during each of the 10 years in the projection period. That ist at the end of the 10 yearsq Dinner Key Boatyard is projected to have approximately $1,700,000 of working capital invested in the business. This is a conservative assumption and provides somewhat -of a cushion to ensure that sufficient cash will be generated from the operation to make the required City rental. payments and debt service payments. t9'a'—lii5 There are a number of inconsistencies between the assumptions outlined in the proposal and those included in the financial projections. These Inconsistencies relate to operating revenues and expenses as well as capital expenditures. The financial projections indicate the highest level of anticipated bank borrowing (with $150,000 of limited partner Investment) is approximately•$Ls020,000. This miiuld leave Dinner Key Boatyard with nearly $500*000 of available borrowing capacity. Even after correction of the financial projections for the items which are inconsistent with the proposal, it does not appear that Dinner Key Boatyard will exceed its projected bank credit line of $IpS009000. summary Comments The Coconut Grove Seaport capital financing plan is not well defined and includes certain assumptions which appear -difficult to attain. the Coconut Grove Seaport developers are not planning on investing any equity in the Project. Due to a lack of information regarding a key subcontractor, it to not possible to evaluate the'kinancial viability of the Coconut Grow Seaport operating plan. Dinner Key Boatyard has proposed a capital financing plan which appears to be reasonable and attainable. The projected operations closely parallel the existing operations of Merrill Stevens. The projections include several now revenue sources which are not supported by market or feasibility study information. Although the projections are not consistent with the narrative 87-ili5 U - of assumptions in several areas, it does not'appear that correction of these inconsistencies would require Dinner Key Boatyard to exceed their proposed borrowing limit. Should the City decide to grant a lease to Dinner Key Boatyard, we suggest that prior to negotiating the lease terms* the City require further market assessment by an independent third -party to',validate the assumptions used as a basis for the financial projections. 1 8'%-IH5 D. FINANCIAL RETURN TO THE CITY Coconut Grove _.Seaoort Two alternative rental plans are included in the proposal. Alternative A is not acceptable as the base annual rent is toss than the $330*060 Minimum required by the City. Alternative 3 is as folloass' Year I - $200,000 (during construction period) Years 2-21 - $3509000 plus: 15% of cash flow ($22,433) W/gallon of gasoline sold ($39147) Years 22-23 - $3509000 plust 25% of cash flow ($379389) W/gallon of gasoline sold Wow) Total, payments over the 25 year lease teas are projected to be approximately $9,275,000. The present value of such payments, calculated at an 8% interest rate is approximately $39656*000. The City* has determined that; Alternatives 8 is in compliance with the required minimum annual rental of $3509000 as specified in the RFP. Dinner Key Boatyard Annual rental payments proposed by this developer are the greater of $3509000 or 6% of gross revenues per year. Based upon the Dinner Key Boatyard assumption of 52 annual increase in revenues, total rental payments to the City over the 23 year lease term are projected to be approximately $12405.000. The present value of such payments, calculated at an 8% interest rate is approximately AvS06.000. 0 8 7-1115 - 0 Summary Comments Any future rentals paid to the City aces of course, dependent on* the successful operation of the project. The Dinner Key Boatyard proposal provides a higher projected return to the City. In additions the percentage rent arrangement proposed by Dinner Key Boatyard is based on gross revenues, . not net cash flow as with Coconut Grove Seaport. Under this alternative, this. City's ability to receive percentage rent is not as dependent on the operator's ability to control operating expenses. 8 7-1115 E. DOLLAR VALUE OF CAPITAL IMPROVEMENTS AND DEVELOPMENT SCHEDULE Coconut Crove Seaport Projected capital improvements total approximately 45*6309000, Such improvements would be made during an eleven month construction period. ' This . level of expenditures qualifies the developer for a lease term of 22 years:. _ plus one three-year negotiated renewal option. Dinner Rey Boatyard Projected capital improvements total approximately $49680,000. This level of expenditures* and the mix of permanent capital and equipment -related additionsg qualifies the developer 'for a lease term of 22 years plus one three-year option to renew. The proposal indicates. "The 48 month construction period (beginning six months after the new lease commences) wakes timing crucial". The W requiress "Fifty percent of the -proposed capital improvements seat be completed within twenty-four months from the transfer of the leasehold property to the successful proposer. ALL proposed capital improvements mat be completed within forty-eight months from the date of transfer of the leasehold property to the successful proposer". The proposed Dinner Kerr Boatyard construction schedule does not appear to be in compliance with the forty-eight month requirement of the We Also, of the 42.98S9000 of construction expenditures to be completed within the first twenty-four months. approximately $193369000 are equipment related. 8 7-ili5 V - 16 - 14 Sussnary Comments Dinner Key Boatyard does not appear. to be in compliance with the construction timetable specified in the RM The proposed expenditures in the first two years are heavily equipment oriented. Several significant permanent capital Improvements (wet slip and seawall repair* paving and drainage,* and , landscaping) are not assumed to be completed until year three or after.; Should the City decide to grant a lease to Dinner Key Boatyards we suggest the City consider negotiating the construction schedule and the timing of certain Improvements. Acceleration of capital improvements• especially non -revenue producing capital improvements* could have a significant impact on the project operating results included in the proposal. 1 87-1U5 -tr- r. CONCLUSION Coconut Grove Seaport There are a number of issues which should be critically evaluated it the Coconut Grove Seaport proposal is to receive further consideration from the City. These items includes The developers are not committing any equity funding to the Project. - The financial capability and capacity of the development team have not been demonstrated. - The capital financing plan is in the preliminary states and appears to be difficult to attain. - The projected operating results are dependent upon a $600.000 paystent from the* firm subcontracting the boatyard operation. Insufficient information has been provided to permit evaluation.of the likelihood that this payment will be received. Dinner Ke,Y Boatyard Dinner Key Boatyard has proposed a plan that appears to be workable for both the operations and capital:, financing of the Project. The anticipated operations would closely parallel the existing Merrill Stevens operations. No market or feasibility study was provided covering the new revenue sources for the Project. There are a number of inconsistencies between the written description of assumptions and the projected financial statements. It does not appear that correction of these inconsistencies would cause Dinner Key Boatyard to exceed its proposed bank borrowing limit of $L.3009000. 4 8 7-1115 Should the City decide to nave forward with consideration of the Dinner Key Boatyard proposal there are a number of actions which we recommend be taken prior to or in connection with granting the teasel Require the proposer to provide additional market assessment Information to validate assumptions supporting the financial projections. This information should be developed by, an independent third -partly. Negotiate the timing of capital improvements to ensure the City•s objectives are met. Evaluate the impact on projected cash flows resulting from acceleration of capital improvements (particularly non -revenue producing capital improvements). Grant the lease subject to obtaining a letter of credit or other security suitable to assure the availability of sufficient funds for required working capital and City lease paymentse gatablish a procedure to verify the dollar amount and nature of capital expenditures. I 4 CITY OF MIAMI UNIFIED DEVELOPMENT PROJECT 2640 SOUTH BAYSHORE DRIVE REPORT TO THE CITY MANAGER SEPTEMBER 1987 8'7--1115 ARTHUR ANDERSEN & CO. ONE BIscAYNE TOWER -SUITE 2100 MIAMI, FLORIDA 301131 (005) 374-0700 September 10, 1987 Mr. Cesar B. Odio City Manager City of Miami P.O. Box 330708 Miami, Florida 33233-0708 Dear Mr. Odio: Attached is our report relating to the evaluation and analysis of the proposals for the Unified Development Project at 2640 South Bayshore Drive, Miami, Florida. We were assisted on this project by Sharpton, Brunson & Co. and Verdeja, Iriondo & Gravier, both local, minority -owned CPA firms. The purpose of our engagement was to evaluate the proposals submitted relative to the CPA firm evaluation criteria outlined in the request for proposals. These criteria include the financial viability of the development teams, the proposed financing strategies and the comparative short and long range returns to the City. We were also to assess each proposer's market analysis and evaluate the economic feasibility of the proposed development. The procedures we performed included: - Reading of the request for proposals - Reading of each proposal -. Attendance at all Review Committee meetings Attendance at proposers' oral presentations Interviews with representatives of each development team Our report is based on the information included in the proposals, supplemented by comments of a clarifying nature only made at the oral presentations or subsequent interviews. - Fj ARTIRTR ANDERSEN & CO. M40 Although we have reviewed and tested the projections and assumptions included in both proposals, our purpose has not been to validate individual amounts or assumptions but to evaluate the proposals taken as a whole. We have not compiled or examined any of the prospective 'financial information included in the proposals. Accordingly, we do not express an opinion or any other form of assurance on any of the prospective financial information or assumptions included in the proposals. We sincerely appreciate this opportunity to be of service to the City of Miami. Very truly yours, r A. INTRODUCTION The City of Miami has invited interested parties to submit Unified Development Project proposals for development of a full -service boat yard facility, marina, and up to 20,000 square feet of ancillary marine -related retail use on approximately. 12.57 acres of waterfront property located at 2640 South Bayshore Drive, Miami. A Request for Unified Development Proposals ("RFP") relating to the Project was issued by the City of Miami in January 1987. The RFP outlines information to be included in the proposals and the proposal evaluation criteria. Following the unified. development ordinance, the City of Miami Commission appointed a Review Committee to evaluate the proposals. within the criteria TABLE OF CONTENTS Page A. INTRODUCTION 1 B. DEMONSTRATED FINANCIAL CAPABILITY OF DEVELOPMENT TEAM 3 C. FINANCING STRATEGY 6 D. FINANCIAL RETURN TO THE CITY 13 D. DOLLAR VALUE OF CAPITAL IMPROVEMENTS AND DEVELOPMENT SCHEDULE 15 F. CONCLUSION 17 -2- oral presentation to the Review Committee on August 7. 1987. Representative* of our firms met with representatives of each proposer to obtain information — clarifying certain assumptions included in the written proposals. This report is based on the proposal documents, information submitted specifically in response to the June 1, 1987 City request for supplemental information and comments of a clarifying nature only made at the oral presentations or subsequent interviews with representatives of our firms. The remainder of this report outlines our findings with regard to information presented in response to the RFP criteria which we were to evaluate. 8 70-113a r - -3- _ B. DEMONSTRATED FINANCIAL CAPABILITY OF THE DEVELOPMENT TEAM Coconut Grove Seaport Coconut Grove Seaport was formed in March 1987 for the purpose of proposing on the Unified Development Project. The following is a list of stockholders of the corporation: Percent Shares Ownership R.F. McElroy & Company 45.6 76% CSR/Chisholm, Santos, Raimundez 9.0 15 Frank Batista 3.6 6 Tom Smith 1.8 3 60.0 100% m The proposal includes no financial statements for Coconut Grove Seaport. It is' not possible, therefore, to determine the financial position and capitalization of the corporation. Financial statements have been provided for R.F. McElroy & Company ("McElroy") and CSR/Chisholm, Santos, Raimundez ("CSR"). These statements indicate that McElroy, the 76% owner of Coconut Grove Seaport, has a net worth of less than $1,000. CSR reported tangible net worth is $3869000, of which $225,000 is comprised of accounts receivable. 8'7-41i5 _ 4 _ Financial statements have also been included in the proposal for Frank Batista — and Tom Smith. Both of these individuals have minimal net worth. It is anticipated that neither person will provide equity funding for the project. Balled on the information submitted, Coconut Grove Seaport has not demonstrated that it has the financial capability for a project of the scope of this Unified Development. Dinner Key Boatyard Dinner Key Boatyard was formed in April 1987 for the purpose of proposing on _ the Unified Development Project. Dinner Key Boatyard is the general partner of a newly formed limited partnership, Dinner Key Boatyard, Ltd., and would serve as manager of the Unified Development Project. - Each limited partner -is to contribute $25,000 of capital to the partnership and provide sufficient — collateral to guarantee a proportionate share of the partnership's revolver loan. Seventeen letters of intent to become limited partners have been signed by potential investors. The partnership intends to sell a total of 30 limited partnership units. Although most of the persons involved are well known business people and investors in the MiaRl community, no financial statements of any person or i entity were submitted with the Dinner Key Boatyard proposal. It is not possible to determine the financial capability of the development team or the limited partnership without this financial information. i i � - 5 Summary Comments Both proposers are newly -formed entities. Neither entity has the financial track record nor has provided sufficient financial information to demonstrate the financial capability for an undertaking of the scope of the Unified Development Project. We suggest that in the event the City considers granting a lease, that said lease be granted subject to obtaining a letter of credit or other security suitable to assure the availability of sufficient funds for required working capital and City lease payments. 87--Ili5 - 6 - C. FINANCING STRATEGY Coconut Grove Seaport Capital Financing Approximately $5,830,000 will be required to finance capital expenditures according to the Coconut Grove Seaport proposal. Three alternative sources of funding are discussed in the proposal: an Urban Development Action Grant ("UDAG"), a limited partnership coupled with a 50% mortgage, and a joint venture participating mortgage with a pension fund. No indication is given in the proposal as to which funding alternative is most likely. The City of Miami RFP did not offer UDAG as a potential funding source for this Project. The proposal indicates that if the limited partnership ,alternative is selected, a preferred return of 92 would be made to the limited partners. The related 50% mortgage would be obtained through a financial institution or insurance company. Although the proposal describes three funding alternatives, the pro forma financial information included in the proposal assumes that the entire $5,8309000 of required capital will be borrowed at an assumed annual interest rate of 9-1/2 percent for a 21 year term. No equity funding is assumed so the principals will have no financial commitment to the Project. To obtain nearly $6 million of capital with no invested equity and no demonstrated financial capability or track record will be very difficult. The assumed interest rate of 9-1/2 percent would be difficult to obtait. even with a more appropriate balance of equity and debt financing. 97-1115 Projected Operating Results The proposal includes pro forma operating information for a one year period. The implied assumption is made that operations for each of the 25 years in the lease term will be the same. A critical assumption in the Coconut Grove Seaport operating projections relates to revenues from International Cruising Centers Group. This entity, through a newly -formed corporation, "The International Cruising Centers at the Coconut Grove Seaport" ("International"), is to have the exclusive right to purvey dry dock storage, marine repair, sale of marine parts and boat brokerage at the site. That is, Coconut Grove Seaport will subcontract the operation of the "full -service boatyard" to this third party. In return for this right, International is to invest $250,000 in capital expenditures and pay an annual rental fee of $600,000 to Coconut Grove Seaport. Without this rental income, Coconut Grove Seaport would operate at an annual cash loss of approximately $325*000. 0 The proposal includes no information regarding the financial capacity or capability of International. Without this information, it is not possible to evaluate the financial viability of the Coconut Grove Seaport operating plan. - 8 - Dinner Key Boatyard Capital Financing Capital financing for the $4,680,000 of capital expenditures projected by — Dinner Key Boatyard is to be comprised of $7500000 of limited partner equity, an $800,000 equipment loan and up to $1,500,000 of borrowings from a bank. Operating cash flows will also be utilized to fund a portion of the capital expenditures. Investors have signed letters of intent for seventeen of the - thirty available limited partnership units. The assumed interest rate for the equipment loan is 10%. Principal on this loan is projected to be repaid in five equal annual installments beginning in the Pith year of operations. The bank loan is assumed to bear interest at 11% per year. The loan is expected to be repaid with available funds after all operating and financing requirements have been satisfied. The final principal payment on the bank _ loan is anticipated to take place in the sixth year of the projections. The equipment loan represents the financing of a buy-out of Merrill Stevens assets. No indication is given in the proposal as to the likelihood of purchasing this equipment from the current operator under these terms. If this equipment can not be obtained form Merrill Stevens and must be purchased or lease -purchased from third -parties, the interest rates and payment terms required will probably be less favorable than those included in the projections. The Dinner Key Boatyard proposal includes a letter from Southeast Bank indicating that "subject to due diligence, documentation and credit approval, Southeast Bank... has agreed to consider accommodating Dinner Key Boatyard's 0 - 9 - 9 credit requirements...". Although this is not a firm commitment to provide financing, it indicates that Southeast Bank has been contacted by the ' proposer, they have considered the merits of the Project and they are interested in trying to work out a relationship with the proposer. Southeast Bank further demonstrated their interest in Dinner Key Boatyard by preparing the financial projections submitted with the proposal and by having a representative of the Bank present at the oral presentation and subsequent interview. Because of Southeast's participation in the preparation of the — financial projections, it is prudent to assume that the interest rate and the related repayment terms included in the proposal are reasonable. Projected Operating Results Financial projections for the initial 10 years of, the lease period have been included in the Dinner Key Boatyard proposal. Anticipated operations for the Project closely parallel the existing operations of Merrill Stevens. Several new sources of revenue are included in the projections including the following: Annual _ Revenue Source Revenue* Travelift $ 3450000 Stack Storage 306,000 New Wet Slips 188,000 _ Restaurant 360,000 Do -It -Yourself 90,000 Mini Storage 93,000 $1,382,000 sassasasss * Indicates revenue in first full year • of operation for each revenue source. i - 10 - • No market or feasibility study relating to the Project has been included in the proposal. Representatives of Dinner Key Boatyard have indicated that this information is not necessary because the new operation will be very similar to the existing operation and because the new revenue sources, other than the restaurant, are marine -related. Dinner Key Boatyard representatives have indicated that there is an extremely high demand for all types of marine -related services in Dade County. Operating expenditures included in the financial projections also closely parallel the expenditures of existing operations at the site. Operating costs - relating to the new revenue sources detailed above are anticipated to be approximately $480,000. This level of margin is expected because several of the new revenue sources such as stack storage, wet slips, do -it yourself and mini storage will require minimal operating involvement from Dinner Key Boatyard or can make use of existing employees. The projections also assume certain cost savings due to higher efficiency and greater worker productivity of the new operations. _ The projected financial statements include an assumption that working capital of $1509000 - $180,000 will be required during each of the 10 years in the projection period. That is, at the end of the 10 years, Dinner Key Boatyard is projected to have approximately $1,700,000 of working capital invested in the business. This is a conservative assumption and provides somewhat of a cushion to ensure that sufficient cash will be generated from the operation to make the required City rental'payments and debt service payments. 8 7- H5 0 _it - 0 There are a number of inconsistencies between the assumptions outlined in the proposal and those included in, the financial projections. These inconsistencies relate to operating revenues and expenses as well as capital expenditures. The financial projections indicate the highest level of anticipated bank borro:+ing (with $750,000 of limited partner investment) is approximately. $1,020,000. This would leave Dinner Key Boatyard with nearly $500,000 of available borrowing capacity. Even after correction of the financial projections for the items which are inconsistent with the proposal, it does not appear that Dinner Key Boatyard will exceed its projected bank credit line of $1,500,000. - Summary Comments The Coconut Grove Seaport capital financing plan is not well defined and includes certain assumptions which appear difficult to attain. The Coconut -- Grove Seaport developers are not planning on investing any equity in the Project. Due to a lack of information regarding a key subcontractor, it is not possible to evaluate the financial viability of the Coconut Grove Seaport operating plan. Dinner Key Boatyard has proposed a capital financing plan which appears to be reasonable and attainable. The projected operations closely parallel the existing operations of Merrill Stevens. The projections include several new revenue sources which are not supported by market or feasibility study information. Although the projections are not consistent with the narrative i97-1115 12 - of assumptions in several areas, it does not appear that correction of these inconsistencies would require Dinner Key Boatyard to exceed their proposed borrowing limit. Should the City decide to grant a lease to Dinner Key Boatyard, we suggest that prior to negotiating the lease• terms, the City require further market assessment by an independent third -party to validate the assumptions used as a basis for the financial projections. - = 8'7-1115 _13_ 0 D. FINANCIAL RETURN TO THE CITY Coconut Grove Seaport Two alternative rental plans are included in the proposal. Alternative A is not acceptable as the base annual rent is less than the $350,000 minimum _ required by the City. Alternative 8 is as follows: Year 1 - $200,000 (during construction period) Years 2-21 - $350,00O plus: 15% of cash flow ($22,433) Ii/gallon of gasoline sold ($3,147) Years 22-25 - $350#000 plus: 25% of cash flow ($37,389) 1i/gallon of gasoline sold ($3,147) Total payments over the 25 year lease term are projected to be approximately $9,275,000. The present value of such payments, calculated at an.8Z interest rate is approximately $3,8569000. The -City has determined that Alternative B is in compliance with the required minimum annual rental of $350,000 as specified in the RFP. Dinner Key Boatyard Annual rental payments proposed by this developer are the greater of $350,000 or 6Z of gross revenues per year. Based upon the Dinner Key Boatyard assumption of 5% annual increase in revenues, total rental payments to the City over the 25 year lease term are projected to be approximately $12,205,000. The present value of such payments, calculated at a" 8% interest rate is approximately $495069000. - 14 - Summary Comments Any future rentals paid to the City are, of course, dependent on the successful operation of the Project. The Dinner Key Boatyard proposal provides a higher projected return to the City. In addition, the percentage rent arrangement proposed by Dinner Key Boatyard is based on gross revenues, not net cash flow as with Coconut Grove Seaport. Under this alternative, the City's ability to receive percentage rent is not as dependent on the operator's ability to control operating expenses. 9 7--1ii5 - 15 - I E. DOLLAR VALUE OF CAPITAL IMPROVEMENTS = AND DEVELOPMENT SCHEDULE Coconut Grove Seaport Projected capital improvements total approximately $5,830,000. Such improvements would be made during an eleven month construction period. This level of expenditures qualifies the developer for a lease term of 22 years plus one three-year negotiated renewal option. Dinner Key Boatyard Projected capital improvements total approximately $4,680,000. This level of expenditures, and the mix of permanent capital and equipment -related additions, qualifies the developer for a lease term of 22 years plus. one three-year option to renew. The proposal indicates, "The 48 month construction period (beginning six months after the new lease commences) makes timing crucial". The RFP requires: "Fifty percent of the proposed capital improvements must be completed within twenty-four months from the transfer of the leasehold property to the successful proposer. All proposed capital improvements must be completed within forty-eight months from the date of transfer of the leasehold property to the successful prnposer". The proposed Dinner Key Boatyard construction schedule does not appear to be in compliance with the forty-eight month requirement of the RFP. Also, of the $2,985,000 of construction expenditures to be completed within the first twenty-four months, approximately $1,336,000 are equipment related. 8'7-1115 16 - 16 - Summary Comments Dinner Key Boatyard does not appear to be in compliance with the construction timetable specified in the RFP„ The proposed expenditures in the first two years are heavily equipment oriented. Several significant permanent capital improvements (wet slip and seawall repair, paving and drainage, and landscaping) are not assumed to be completed until year three or after. Should the City decide to grant a lease to Dinner Key Boatyard, we suggest the City consider negotiating the construction schedule and the timing of certain improvements. Acceleration of capital improvements, especially non -revenue producing capital improvements, could have a significant impact on the project operating results included in the proposal. 8 7-1115 - 17 F. CONCLUSION Coconut Grove Seaport - There are a number of issues which should be critically evaluated if the Coconut Grove Seaport proposal is to receive further consideration from the City. These items include: - The developers are not committing any equity funding to the Project. - The financial capability and capacity of the development team have not been demonstrated. - The capital financing plan is in the preliminary stages and appears to be difficult to attain. - The projected operating results are dependent upon a $600,000 payment from the firm subcontracting the boatyard operation. Insufficient information has been provided to permit evaluation of the likelihood that this payment will be received. Dinner Key Boatyard Dinner Key Boatyard has proposed a plan that appears to be workable for both the operations and capital financing of the Project. The anticipated operations would closely parallel the existing Merrill Stevens operations. No market cr feasibility study was provided covering the new revenue sources for the Project. There are a number of inconsistencies between the written description of assumptions and the projected financial statements. It does not appear that correction of these inconsistencies would cause Dinner Key Boatyard to exceed its proposed bank borrowing limit of $195009000. 8%"111J - 18 - 4 Should the City decide to move forward with consideration of the Dinner Key Boatyard proposal there are a number of actions which we recommend be taken prior to or in connection with granting the lease: - Require the proposer to provide additional market assessment information to validate assumptions supporting the financial projections. This information should be developed by an independent third -party. - Negotiate the timing of capital improvements to ensure the City's objectives are met. - Evaluate the impact on projected cash' flows resulting from acceleration of capital improvements (particularly non -revenue producing capital improvements). - Grant the lease subject to obtaining a letter of credit or other security suitable to assure the availability of sufficient funds for required working capital and City lease payments. - Establish a procedure to verify the dollar amount and nature of capital expenditures. _� 9 7-1115 Dinner Key Boatyarc! M/WAGEMENT COMPANY, INC. A pf�OO pOO 3QL FOR A UNIFIED DEVELOPMENT .AT 2640 S.BAYSHORE DRIVE, MIAMI, FORIDA. MADE BY DINNER KEY MANAGEMENT COMPANY,INC. AS: MANAGING GENERAL PARTNER OF AND ON BEHALF OF DINNER KEY BOATYARD LTD A LIMITED PARTNERSHIP APRIL 1987. Dinner • AA1MGEMEW COMPAW. INC Mr. Cesar Odio City Manager City of Miami 3400 Pan American Dr. Miami, F1. 33133 Dear Mr. Odio: and April 20, 1987 _ Dinner Key Boatyard Management Company herewith offers a proposal for a 25-year lease of property at 2640 South Bayshore Drive.' oamionly known as Merrill -Stevens. We fully support the Commission's desire to protect the "eo®logy of boating." Ws also agree with those who believe that public property should benefit more than just a few interests. on that premise we: I Guarantee the City $350,000 a year, or $8,750,000 over the life of the contract. 1 Guarantee $4.5 million of investments and improvements*;.' I Undertake to return at least $10 million of profits to'the-cammunity for charitable or civic organizations. In the past week I have enlisted a number of people to create a limited partnership to be known as Dinner Key Boatyard Ltd., of which this oompany is general partner. Citizens known for philanthropy will share the risk of the boatyard operation and, as individual partners, have agreed to pass most or all of --projected profits to charities or civic organizations. We are pleased to announce that the following have agreed to serve as directors: Mr. Joseph Robbie, Mr. Garth Reeves, Richard E. Gerstein, Esq., Mrs. Roberta Rymer Balfe, Mr. Calmon B. Rosenbaum and Mrs. Clara Keyes Hardin. We hope this proposal can beoomie a nationwide model for putting monies from public -recreational lands back into a ommmity. The boatyard operation and finance plan was created primarily by Ron''Falkey, working in consultation with Southeast Bank. Mr. Falkey formerly was general manager of Merrill -Stevens Dinner Key Division, and now is executive vice president of our CORMYS - We are quite proud of the plan, and look forward to sharing it not only with your review oommitter, but with the entire boating co:miunity. rs, t"7v�v Dr. Marvin Dunn, President Dinner �AANAGEMENT COMPANY. INC. Dinner Rey Boatyard Management Ccopany, Inc., managing general partner of Dinner Key Boatyard, Ltd. (As of 4/19/871 Officers: ! Dr. Marvin Dunn, president; Ronald J. Falkey, executive vice-president,/general { manager; Clara Keyes Hardin, secretary -treasurer t s Counsel: James Beasley, Esq. Accountant: W.B. Koon, CPA John W. Thontias, Esq. Banks Southeast Bank, NA r . Board of Directors: ' Joseph R. Robbie Calmon B. Rosenbaum Garth Reeves Clara Keyes.Haxdin Roberta Rymer Balfe Ronald J. Falkey Richard L. Gerstein Dr. Marvin Dunn Individuals who'have signed OrganizatibMNdesi*Mted-to=benefit letters of intent to became from returns an=investments limited partners upon award of bid: 1. Clara Keyes Hardin Greater Miami Opera Association 2. Roberta Rymer Balfe Greater. Miami_ Opera, Association 3. Roberta Rymer Balfe Lowe Art Museum 4. Calmon B. Rosenbaum National Foundatioci•for Advancement in the Arts 5. Calmon B. Rosenbaum Miami Jewish Federation — Calmon B. Rosenbaum University of Miami School of Music .6. 7. Dr. Marvin Dunn Morehouse College; Black Archives History and Research Foundation; Florida Memorial — College' S. Ronald J. Falkey Opera Assn.; Muscular Dystrophy; SW ub; Inner City Marine Piog rum 9. R.W. Pa yne, Jr. Coral Gables Youth Center 10. R.W. Payne, Jr. Coral Gables High School Boosters Assn. 11. Miami River Miami River improvement projects Businessman's Assn. 12. Joseph R. Robbie Jackson Memorial Hospital Foundation 13. Mr. and Mrs. Joseph Heritage of Miami Association Maggio 14. (Name withheld] National Foundation for Advancement in the Arts 15. Julian Vinas Lowe Art Gallery _ 16. Mr. a Mrs. Robt.Hardin Heritage of Miami Association; Coral Gables - on behalf of K.C. High Boosters Club; C-Gables Youth Center Hardin 17. Dr. Walter Garst victoria Hospital., - ZZ _a Dinner KeyBeat and s ANAGEMENT COMPANY, INC. To: City Manager Review Committee - Arthur Anderson, CPA From: Ronald J. Falkey An informal narrative overview may be helpful to those charged with analyzing this plan. The plan was developed in part while I was General Manager of Merrill -Stevens Dinner Key Division. Obviously, we are dealing with a very run-down yard whose prior operators felt there was no way to make significant improvements without a new lease. Yard appearance and service reflected this. - It is important to understand Merrill -Stevens' financial ex- perience. The following are 1985-86 figures [losses in brackets]. These figures are available to City accountants and are public record. s Source of revenue M-S Gross Costs to Net to Net to Revenues Company Company City 1. Boat repair $2,181,964 $2,155,059 ($68,484] $95,389 2. Boat land -storage 268,670 243,770 24,900 26,800 3. Marina rentals 694,448 618,728 51,300 25,200 4. fuel sales t t 24,420 18,075 $3,145,082 $3,017,557 $32,136 $165,464 As the above figures indicate, in recent years the Dinner Key operation has been essentially a $3 million "wash," even though much major maintainance-has been deferred. t Costs & gross revenues are combined for the marina and fuel dock, because they share labor costs. Where convenient for clarity -in planning, costs are apportioned. 8'7-1115 As can be seen, the City made about five times more from the yard than did Merrill -Stevens shareholders. Boat repair figures are particularly significant. While boat repair provides the largest portion of gross revenues, and thus the major portion of revenues to the City, it has been a financial burden to the operator. Even though steps have been taen to make repair more efficient and profitable, the only present profit centers are dry storage, wet slips and fuel. - Boat repair is like the "hamburger in the bun" --an operator who could find a way to sell the bun without a hamburger for the same price might be tempted to do so. - These figures show that it is far more important to the City than to any future operator to continue repairing boats. Our cotamittment is to keep on repairing boats, and maximize profits to the City. To do this, we must improve the present operation and/or find -new profit centers. ASSUMPTIONS I started with assumptions based on first-hand knowledge: I The competitive market will not allow repair prices to be raised significantly at this time. I While economies and efficiencies I instuted during the last 15 months will have impact, neither is sufficient to make up for dramatically increased expenses which face the new leasee. Anyone sincerely anticipating the operation of a full -service boatyard for 25 years (until adjacent leases expire) will find expenses having dramatically increased in just one year. These include: 1. More than 1.00% increase over this year's Merrill -Stevens leasehold payment estimated at $165,000. 2. Interest and principal on a Southeast Bank revolver loan we project to go as high as $1.5 million during a five-year period. 3. Revenue financing of some $2.25 million of the of $4.5 mil- lion in improvements and equipment. 87-1115 i 4. Payment of interest and principal on a buyout of Merrill - Stevens' assets, or replacement of same by other means, anticipated to cost $1,300#000 including interest. Nevertheless, we are enthusiastic and confident of meeting the above challenge. Our intimate knowledge of the operation, and the creativity of our plan make it "do -able." OUR STRATEGY AND ADVANTAGES - We have several advantages in meeting the requirements of the City and boaters: I An existing managerial relationship with workers and boaters will provide maximum continuity for boaters, thus maintaining a cash flow to the City. I Our detailed plan allows a Southeast Bank "revolver loan" to finance new profit centers whose revenue will in turn finance — other improvements. The 48 month construction period (begin- ning six months after the new lease commences) makes timing crucial. (See our detailed construction timetables and cost = charts). I We have in-house capability among the partners and workers to engineer, estimate, contract, and supervise much of our own construction. We can also create our own ads and market- ing campaigns. This will minimize expensive outside costs which could make any other boatyard plan unfeasible. I We have investor/loan guarantors who can afford to go several years with no return in hopes of creating a significant cash stream for philanthropy starting in Year 6. This is very significant. It eliminates the problem of a single investor making a big investment, taking the risk and six -year delay, and as a result demanding a huge down -the -road profit on public lands. Our plan of returning much of the projected profit stream to the community mitigates a traditional concern that boatyards cater to a small segment of citizens. BASIS OF EXPENSE PREDICTIONS In.creating our plan, I found many of Merrill -Stevens' recent financial experiences valid for projections. These figures were available to City accountants, and are public record. 8 7-4:115 .., our bankers noted differences in gross revenues of Merrill - Stevens for 1986, and those projected for Dinner Key Boatyard, Ltd. in its first year. In some cases, this was merely a different way of handling an expense. As an example, our plan shows lease payments to the City as a separate royalty item rather than an operating expense. In other cases, an operating expense no longer exists or is altered. An example of this is $123,000 in salaries for execut- ives at Merrill -Stevens' main plant at NW 12th Avenue. Also, monies advanced by Dinner Key Division to Yacht Broker- age Division are no longer a factor. It is anticipated that MerrillStevens Yacht Brokerage will become a tenant of the new boatyard. In any event, the two will no longer be interdepen- dent. A -"Reserve for doubtful accounts" fund is not immediately re- quired for a new company. Based on my experience as manager, the the need for that fund can be virtually eliminated. I instituted = a "no cash,. no splash" policy which reduced 90-day receiveables by more than 40% from $460,000 to $245,000 in just 15 months. Increased salaries are an immediate necessary expense. Most = of the yard's workers have not had raises in the last few years. We anticipate immediate 5% raises, and continued increases until we are on a firm competitive footing with other boatyards. It is false economy to pay wages below the marketplace. ' Inflation of 5% was factored through Year 10. This decision was reached in consultation with our bankers. Beyond Year 10, we feel that inflation is imponderable. We believe that the "68 of gross clause" will more than allow the City to share in any success of our plan and be protected from inflation. Other prudent business practices which were implemented in 1986-87 also have impact on our projections. IDEAS REJECTED Often it is important for evaluators to understand ideas that have been considered and rejected. After lengthy analysis, we rejected plans to tear down and re- place the main hangar. Notwithstanding that the hangar isn't ideal, demolishing it involves an investment greater than any full -service boatyard could finance in 25 years. We do not foresee significant income from marine -oriented retail stores. Our surveys of marine retailers shows they can't pay the 87-411 J rents we would have to charge to rennovate at $50 a square — foot. Retailers such as sailmakers, riggers and ship's chandlers don't feel a compelling need to be on the waterfront. We also considered and rejected creating the largest restaur- ant permissible under the RFP, 3,000 square feet. Its size and parking requirements would clearly overwhelm a boatyard operation. A large restaurant would require an outside operator, reducing our — our five-year operating revenues below the minimum needed to — support our payments to Southeast Bank. Elsewhere, we detail our restaurant plan, which we consider of optimum scale for the property and potential return. SITE IMPROVEMENT, AND CONSTRUCTION COSTS We recommend that analysts pay particular attention to the detailed section, "Item 7, Non -Revenue Items." These costs may not be at well known to others as they are to us. On all sides of the present boatyard are former seaplane hangars. _ Tearing down the small hangar on our property will create a more — open vista, anchored by our proposed Grove -style restaurant. So far as our main structure is concerned, when one takes into con- sideration its neighbors, it is already the most "architecturally compatible" structure possible. _ We propose'to paint and landscape the main hanger. This will be done in consultation with the City, since the Parks Department to the north is painted in "art deco" motif, and Grove Key Marina to the south is in a low-key tan. CONSTRUCTION TIMETABLE I refer you to our timetable chart, which is integral to our strategy for financing and development. Our first construction project will be covered stack storage in the main hangar. This will be completed within 10 months, returning the quickest and highest operating revenues. At the same time we will begin permitting the marina and Travelift. The restaurant will be built next. Revenues from the restau- rant and storage will finance the Travelift and marina as permitting is completed. our proposed priorities, costs of construction, and timetables are detailed in exhibits, along with schematic drawings. _1 H"l-1115 w MINORITY PARTICIPATION The president of the managing general partnership of Dinner Key Boatyard Ltd.; is a Black male, with a strong record of working for minority interests. The secretary -treasurer is female. To- gether, these two individuals own 55% of the operating company. Dr. Dunn intends to handle hiring outreach and minority train- ing programs directly from the Office of The President. In addition to the Inner City Marine Program, which the proposers have supported since inception, Dr. Dunn brings potential minority participation through the Academy for Community Education, which has a 70% minority student population. We stand to benefit from any programs that increase boating opportunities and skills for minorities. My record is one of seeking black students for training in skill positions. Hispanics are strongly represented in both skill and supervisory positions. The Company plans to do the majority of its construction using its own employees, thus insuring that the existing diversificat- ion of minorities will continue through this process. ADVERTISING AND MARKETING Upon securing a lease and starting its proposed program, the Company will embark on a marketing program for which approximat- ely $50,000 is.budgeted. 1. Create awareness among out-of-state yachtsmen that Miami has new facilities on Biscayne Bay, including a 70-ton travel lift, to repair larger yachts, thereby encouraging owners to make Miami their jumping-off point, as opposed to Palm Beach or Fort Lauderdale. 2. Advertise in racing publications well in advance of sched- uled events to make The Boatyard "home" for Southern Ocean Racing Circuit and other races. 3. Encourage the public as well as yachtsmen to enjoy the view and ambiance of the waterfront restaurant -bar. 4. Lease the 34 new marina slips. 5. Inform local yachtsmen of the improved facilities, partic- ularly our new covered stack -storage facility for 96 boats. OPERATING PROCEDURES The organizational chart and job descriptions are detailed in addendums. i. 8"--1.115 BONDS AND INSURANCE Ipvestigation reveals that performance .bonds and insurance as described on page 19 and elsewhere in the RFP are project — specific, and it is impossible for companies to promise such bonds or policies even if the requesting company or individual(s) are well known to the bonding/insurance agency. DETAILED EXPLANATIONS OF OVERALL PROJECT DESIGN On the following pages, detailed explanations and financial analysis are offered to further document the viability of our nvaral l nrMaef d aRinn_ 87-1115 PROJECT ITEM 1: THREE-TIER RACK STORAGE IN MAIN HANGAR CAPITAL COSTS: $344#700 PROJECTED NET ANNUAL EARNINGS: $375,658 GOAL: To better utilize space within the main hangar for high - yield revenue. ASSUMPTION: Strong demand exists for covered dry storage, partic- ularly for 30'-39' speedboats capable of being stacked in compact racks. This assumption is backed by checks of marinas, conversations with marina managers, dealers and owner/developers who have recently built dry stack facil- ities, boat sales organizations, and potential customer inquiries which come in unsolicited. IMPLEMENTATION% Create 96 rack spaces in the main hangar, which currently stores approximately 25 boats (see drawing which follows. Forklifts capable of launching, recovering and placing boats on high-rise racks are newly on the market. These forklifts can handle boats up to 39' LOA and 15,000 lbs. They can lift boats 35' upward into racks, or lower their forks 15' in order to launch or haul at a seawall. Of 52`boats in dry storage recently, only six were out- sized for a fork-lift. Consideration was given to recommending 48 rack spaces on one side of the hangar only. Both the market and econom- ics of construction strongly point toward the 96-rack plan. PROJECTED COSTS: Self supporting racks, 100 spaces @ $300 ea..............$30,000 Two lift trucks, new, @ $125,000 ea. (second truck essential for regular use and backup) ................ 250,000 Prepare launch/recovery sites along 100' existing seawall @ $400 per foot ........................40,000 Special paving of Hangar ................................. 81000 Special paving of yard .................................. 16,000 No increase in yard crew is envisioned. i Total costs .................. 344,700 { - Cost of existing operation for covered and ! open storage (based on fiscal year 186 figures)....... $243,770 yr 8 7-1115 4 Project ite o. 1, page 2 PROJECTED REVENUES: Projected Revenues for new rack storage of 96 boats, minus 25 presently stored = net gain of 71 boats. t 71 boats x 35' (average length) x $0.38 per foot charge x 365 days:.....................................$339,948 Existing boats in covered & open storage, using 1986 figures (65 boats, avg. 31' length, @ $0.38 per foot daily x 365 days): 279,480 Projected Gross Earnings............,***,,,,,, $619,428 Minus total projected operating costs......... (--243,770] Projected net annual earnings .................. $375,658. t These figures will be marginally affected when the small hangar is torn down. 9 7--1115 I `.. A STCK STORAGE 1ST LEVEL 28 2ND LEVEL 34 3RD LEVEL 34 TOTAL 98 �X.DRY STOR GE w w o - e�a ` X, DRY STORAGE a + ,.•t:J . ` . ` -•A►SPfIALT ' o PAIVING • , L x _ , ` - i x ' r--&ic--\ I SITE PLAN N'` 1' : 10©, Dinner Key Boatyard Ilit/UVAGEMENT COMPANY. INC. PROJECT ITEM 2: TRAVELIFT (70 TON) CAPITAL COSTS: $272,100 PROJECTED NET ANNUAL EARNINGS: $128,250 GOAL: To expand the boatyard's repair potential and productivity by hauling larger boats at less expense with more efficient use of space (and minimal if any increase to fixed plant operating costs). ASSUMPTIONS: Larger boats have greater maintainance needs. Concen- trating manpower on a single vessel creates efficiencies for a boatyard at every stage, from estimating to invoicing. - Production boat companies have introduced numerous 60 to 65-foot boats in recent years. The market appears on -going. — Owners of such boats are less vulnerable to economic cycles, and are more apt to carry out regular maintainence. In a recent 12-month period we turned away 11 yachtst because they exceeded 60,000 pounds and were too large for our lift. — In the greater Dinner Key basin, we counted an additional twelve yachtstt too large for our lift. A work projection of 23.additional customers per year by increasing our lift capacit is conservative. Furthermore, a Travelift has other cost benefits. It would set yachts on inexpensive screw jacks, greatly reducing our need for high maintainance/expensive cradles, many of which are now beyond their useful life. The system would also use less space (see sketch). This operational change could be handled with our existing lift crew personnel. IMPLEMENTATION: Buy (or lease) and install a Travelift of 70-ton capacity, capable of lifting boats up to 85 feet. The selection of a 70-ton machine was determined by the'additional features available on this equipment for little additional money, such as a jib crane for mast stepping or removal, doubled ground speed (140 fpm vs. 70 fpm for the next smaller lift), faster lifting speeds, and incidental features such as automatic -ieighing. PROJECTED COSTS: Equipment: 70-ton capacity boat hoist w/jib crane......9.....$130,000 Launching piers,-1001.long x 416" wide, on concrete pilings set at 20' c.c. 8 7-1115 ject it page 2 0 Six double sets x 2 = 16 piles @ $600 pair ... 14,400 Concrete caps, 12 x $300..................... 3,600 Pier deck, 100' x 4.5' = 450 h x 2 x $15..... 13,500 $31,500 r Dredging: 91200 S.E. x 4' deep/27 = 1365 cu yds 1365 x $15 per c.y. in/disposal 20,475 - Engineer & permits ........:........................... 7,025 Seawall, 50 l.f. x $500 per foot ...................... 25,000 Special paving, 11,620 sq. yd @ $5.50 yd.............. 581100 = Total investment costs $272,100 JECTED REVENUES: Yachts in the popular 60 to 65-foot range, which a Travel - lift opens up to us, are conservatively estimated to average $300,000 in value. A boating "rule*of thumb" estimates 5% of total value is spent on boatyard maintainence. Double-checking this, our supervisors agree that an average annual yard bill of $15,000 is a reasonable assumption for such yachts. Thus, given merely 23 additional customers previously iden- tified, we can project revenues for the Travelift of $345,000 per year. Gross projected revenues 23 boats x $15,000 yard bill ................. $345,000 Operational costs Labor estimated @ 33% of prof. revenues..114,000 Projected material & parts @ 3/4 labor...107,500 Estim. direct annual costs $216,750 Projected net annual earnings....... $128,250 8 7--1115 PROPOSED TRAVELLIFT LAYOUT 35- 60'X25` SPACES FOR TRAVELLIFT STORAGE EXTENDED LIMIT OF MPOW- `r' DREDGING 1365 CU.YDS. MAIN YARD ACCESS l IST. CONC. PVMT.1 REPAIR- 14ARD EX.DRY STORAGE i 14 N SITE PLAN UL Dinner Key Boatyard A4ANAf;Fh4Fhrr r(v4PAjW Fhrr STEEL CRADLES (Adjunct to Items 1 and 2) The following exercise involves typical expenses The Boatyard faces, cost reductions we must try to affect, and the process of evaluating often -overlooked costs. It projects how the use of a Travelift and stack storage can save up to $75,000 a year. Background: Steel cradles would remain a significant investment and expense, even were the operation to continue unchanged. The previous operator, Merrill -Stevens used as many as 130 steel cradles at one time. Amid uncertainty over the lease, attrition reduced this to approximately 100. This put the operation at a disadvantage during seasonal peaks and hurricane warnings. These cradles also require wood chocks, which are expensive to build _ and require frequent replacement. Further, the rubber coverings or "tires" --particularly on the larg- er cradles --tend to wring off. Cradles dragged across the yard then leave costly and -dangerous deep rim scars on the yard pavement. The yard must be resurfaced with the new lease, and the problem of future scarring of the surface must be addressed. The proposed Travelift and rack storage systems will significantly reduce the necessity to resurface. It is projected that a stack -stow operation and a Travelift system can reduce the annual maintainance costs by as much as 50%. Even with a Travelift and rack storage, yard superintendents estimate that the following cradles must be built in order to replace cradles now beyond safe life, and to restore our proper inventory: 12 - 40' cradles @ $ 6,000 ea .................$ 72,000 6 30' cradles @ 5,000 ea ................ 30,000 6 28' cradles @ 4,000 ea ................ 24,000 Total: $126,000 Saltwater usually destroys a cradle within 8 years. Thus, approx- imately $660 per year must be reserved toward the replacement of a typical cradle. Maintainence. In addition to the cost of replacing cradles, a,high maintainance item is the replacement of wheels. Wheels for the most -used cradles are replaced twice a year. Four wheels per cradle 87-1115 at $125 per wheel, plus labor, amounts to $750 per cradle. if we average all cradles to require new wheels every 18 months, the annual cost for this item is: 100 cradles x $750 (18month) - 1.5 = $50,000 per year, or: $50,000 - 100 = $500 avg. per cradle/year. Wood chocks. A further expense is wood chocks. Nu precise time & materials records are kept on the building of wood chocks for the cradles. Yard management estimates this task to cost $12,000 per year. $12,000 s 100 cradles = $120 per cradle/year The foregoing cost breakdowns place an annual value of a cradle at: = Replacement value...................$660 Wheel•replacement/maintainance...... 500 Chock replacement/maintainance...... 120 Annual cost per cradle ..... $1,280 Rounding that figure to $1,300 per cradle: Total annual value of 100 cradles properly maintained: $130,000 Yard superintendents' estimates of what is needed in cradles -_ indicates that the stack -stow and Travelift programs will create a savings of $65,000 a year over previous operations, plus a sav- ings of up to $10,000 a year in surface repair. —i i` is _} F c 8'7-1115 -i P {1 ITEM 3: ADDITIONAL MARINA (WET) SLIPS CAPITAL INVESTMENT: $287,800 NET INCREASE IN ANNUAL RETURN FROM WET SLIPS: $189#200 GOAL: To increase Merrill -Stevens income, and productivity by adding 34 slips (see sketch) to the existing Marina with no increase in personnel. ASSUMPTIONS: Merrill -Stevens' 52 wet slips are leased on an annual basis at $0.36 per foot per dayt, with 100% occupancy. Figuring the average boat in the new slips at 40' LOA, an average wet slip generates $5,250 per year. New slip construction would require additional local, state and federal environment permits. Published reports say Florida's DNR is considering a state-wide moratorium on marina construction. It is essential for us to move quickly to permit this marina, or the City may lose a valuable oppor- tunity. The additional 34 wet slips are built to serve large craft that can use the Travelift. This adds to potential for boat repair, but we have not attempted to put a dollar figure on the benefits of this. IMPLEMENTATION: Construct 34 new wet slips contiguious to existing slips. General Criteria: The main pier should be 10-ft. wide so as to permit the plac- ing of utility cabinets, fire standpipe with hose cabinets, deck storage boxes and other equipment usually located on docks to properly serve the fleet. A live load of 100 lbs. per sq. foot has been selected, which represents conservative design. Pier construction will be designed to resist uplift from storm surge or wave action. Deck surfaces should be non-skid and comfortable to bare feet. Finger pier width has been established at 4-ft. for safety and to permit the use of boarding steps. It is planned that re- t Since these projections were made, the rate has been increased to 39 cents. 87--1ii5 Item 3, ., 41 2 T e cessed waste recepticals will be provided at the end of the finger piers. Each slip will have wood fenders on the finger pier and the main dock to protect boats from rubbing, and anchor piles. The deck system will be provided with access panels to the utility system, which will be supported either in a prefab- ricated raceway or on a hangar system. i. dedicated fire system will be provided, based on criteria established by the City of Miami Fire Department. Electric service will be provided through a power center having its own circuit breaker with a unit enclosed in a deck -mounted pedestal with a weather-proof cover, and shall provide a single 50-amp, 220-volt service. PROJECTED COSTS: 34-New Wet Slips Net slip construction @ $5,000 per. $170,000 Utilities% Power center, 17 @ $700.................... 11,900 Electric service, 34 x $1,500 51,000 Fire protection @ $300 ea 10,200 Potable water @ $200 ea. 6,800 Misc. TV, phone, communication ................ 51,000 Recessed garbage container...................... 1,700 Dock boxes, 34 @ $300 ea ........................ 10,200 Sanitary sewage pump out station ............... 5,000 Sub total Permit effort Construction documents Total capital investment PROJECTED REVENUES: Average size of wet slip for a 42-ft. boat @ $0.38 ft. per day = $15.96 $15.96 per day x 365 days x 34 slips = OPERATIONAL COSTS: 271,800 7,000 14,000 $287,800 $198,064 Maintainance ($250 slip per year). •••••••••" 8,500 88500) NET PROJECTED ANNUAL RETURN (for hew slips)......... $189,S64 8'7-1115 i I .r ITEM 4: UTILIZATION OF SPACE IN MAIN HANGAR, UPPER FLOORS CAPITAL INVESTMENT: $302,400 PROJECTED NET ANNUAL RETURN: $83,239 GOAL: To gain revenues by developing and leasing currently unused space in the main hangar's upper floors. BACKGROUND: When the Dinner Key Master plan originally suggested "supportive marine services," we solicited interest in renting space on the up.per floors of the hangar. An electronic sales/ installation co., a rigging firm, a sailmaker, a marine architect, and a marine hardware company were among those queried. We were particularly interested in the savings of time and money we could ad'hieve by having a hardware store on location. Only the marine hardware company expressed interest --and that was in ground floor space which our own shops occupy. Other shops were put off by the rentals required due to $50 a square foot rennovation. Only a shell exists, and office -style construction would be virtually from scratch. Therefore, we examined an alternative marine -related market: mini -warehouse storage. ASSUMPTIONS: In addition to 1,000 boats permanently moored in the Dinner Key basin, an estimated 800 to 1,000 residential units (condo, townhouse, homes) exist within a quarter -mile radius of Merrill -Stevens Dinner Key. Many of these are small units lack- ing storage space. A telephone survey of mini -warehouses reveals the annual square foot rental of mini -storage ranges from $7 sq. foot for a 10 x 20 ft. space, to $11 per sq. ft. for a 5 x 5 ft. space. For the purpose of this proposal, we assume a retail rental value of $9 a square foot. IMPLEMENTATION: Rennovate available space (5,040 ft. per floor x 3 = 15,120 gross sq. ft.) for storage. On the second and third floors of the main hangar's south side, we have approximately 10,000 sq. feet. On the north side there is an additional 5,000 sq. ft. W-HIL5 tem 4, pa$ 2 PROJECTED COSTS: 15,120 sq. ft. x $20 capital costs per sq. ft. (for demolition, partitions, new floors).........$302,400 Projected operating costs Rental agent ........................... 15,000 yr. Utilities .............................. 50,000 Total operational costs.. ............... $20,000 yr. PROJECTED REVENUES: Gross sq. foot..............................ol5#l20 sq. ft. Stairwells, access hallways, toilets....... (-3,649 sq. ft.) ,Gross rentable areas...................11,471 sq. ft. Avg. rental fee @ $9 sq. ft. x $9 sq. ft. Total projected annual gross...........$103,239 yr. Total projected operational costs....... 20,000 yr. Net projected annual earnings......... $83,239 yr. 87- 10 -- ITEM 5: RESTAURANT CAPITAL COSTS: $123,780• PROJECTED NET ANNUAL RETURN: $138,648 GOAL: To improve the boatyard's ambiance: create a pleasing structure to serve as a "captain's lounge," public meeting hall and weather station. ASSUMPTIONS: Upper -deck "Grove Style" architecture similar to the Coconut Grove Yacht Club and library is attractive and reason- able -in cost. Located on the NE side of the site, near the water, this structure would have a commanding vista. It would allow captains, owners, and the interested public to comfortably watch yachts being hauled and launched. This would add to the Boatyard's ability to attract yachts that presently haul out in other communities. The structure would be a focal point for the yachting public. It would have a weather monitoring facility, and innovative decor, featuring boat photos and marine charts. The structure would tie in with the Coconut Grove pedestrian boardwalk. Its ground floor offers the opportunity to create a meeting room for marine -oriented groups such as the Coast Guard Auxiliary, Power Squadron, Sea Scouts and Inner City -` Marine program. Inquiry with restauranteers shows that less than 200 patrons daily would be sufficient to create a profit center for the City and Boatyard, if the menu is kept minimal (e.g., ham- burgers, chowder, soft drinks and beer). This amount of traffic can be accommodated without interfering with the boatyard's primary mission. This operation could use the Boatyard's own computer, book- keeping and middle managerial staff. The resulting economies would be more profitable to the City than if a larger restau- rant were built and sub -contracted to another entity which would duplicate overhead and staff and require its own profit. This recommendation also assumes availability of City parking behind the Verrick Gym which is not fully utilized at present. Parking spaces would also be created on the boatyard property as a result of demolishing the existing small hanger. Thus, the facility would have entrances from the boardwalk, 87-lii5 Item 5, pa$ 2 i 11 and also from the Boatyard. We propose to extend and landscape the boardwalk and pathway behind the Verrick Gym, so that it runs around the perimeter of the Boatyard and eventually connects with the sidewalk leading to the Chart House. This would complete a pleasant walkway experience which has often been expressed as a mandatory feature by City planners. Details would be worked out with the City. In summary, we look upon this recommendation as helping meet two City requirements: "innovative services" and increased lease revenues. IMPLEMENTATION: Construct a 40-ft. square raised -deck structure (see sketch), - located adjacent to the NE fence, near the proposed Travelift ramps. Capital costs and revenues which follow reflect a restaurant configuration. As such, they reflect the upside on both investment and revenue. Capital costs 2 story - conc. masonery 40' x 40' 1600 sq. ft. x$43.05............................$68,000 2 baths @ $2,600 5,400 Commercial kitchen ................................... 101000 Bar Counter, 40 l.f. @ $150 l.f...................... 61000 Perimiter seating 100 l.f. @ $100.................... 10,000 Walk-in cooler, 1st. floor l.s....................... 3,500 Landscaping lump sum (walkway) ....................... 20,000 $123,780 Revenues Assume 200 customers/day spending $5 ea. (360-day year) 200 x $5.00 = $1,000 x 360 day; gross revenues..., $360,000 I tem +c/ 3 Projected labor costs (based on 11 a.m. until 11 p.m. operation): Manager/cook 20,000 2nd cook @ $5.50/hr. ll,440 2 waitresses @ $2.10/hr. 8,736 Bussboy @ $3.30 hr. 6,864 Labor .................... $47,040 Total operational costs: Labor ....................................:. 47,040 Fringe benefits (@ 30% of labor costs)..... 1.4,112 Electricity @ $250 moo x 12................ 3,000 Maintainance @ $200 moo x 12............... 2,400 Food/beverage cost (@ 43% x $360,000 gross profit) . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 4 , 8 0 0 $221,352 Projected net annual revenues.............$138,648 9 7-1115 m r VERRICK GYM. PROP. LAND AQ / BOARDW :.,: .•• -x. EXIST. BOARDWALK TO •;-;M. TRAINERS XIST. CONC. PYMT.I MAIN YARD ACCESS R -t EX -DRY STORAGE TO THE CHART —HOUSE RESTR. 'i WALKWAY • . r N SITE PLAN 1' : 100' bob 7 PSI 40 OV0v 6SED RESTAURANT & WATERFRONT WALK ELEVATED RESTAURANT oe 4— P.L. EXTENDED TRAVELIFT PIERS —`� ASSIVE PARK W ® VERLOOKINt3 BOA 1FT MARINA V" IMMITURE & LIGiH -CONNECT TO EXIST. -•,- CHARTHOUSE _•- . ., WALKWAY EXIST. WALKWAY %. Dinner 1te Boat 2rd MANAGEMENT COMPANY, INC. 111 ' I II III 1-11 �, '1I�,�1 �10 a ITEM 6: CONSOLIDATED ADMINISTRATION/SHOPS CAPITAL COST: $325,000. NO DIRECT RETURN GOAL: To increase productivity and efficiency by housing boatyard administration and shop foremen, closer to their points'of activity. To create an attractive structure that could eventually make the main hangar obsolete, allowing it to be torn down down once other financial goals are met. ASSUMPTIONS: Presently, approximately 30 workers (billed at $35 per man-hour) walk an excessive distance between their shop areas and destinations such as the materials counter, the supervisory office, and the boats on which they work. A single centeral structure embracing these activities would offer benefits to customers and the Boatyard. We project an annual man-hours savings of up to $190,000 a year. This time could be available for.new work generated by stack storage and Travelift operations. IMPLEMENTATION% Construct a 6,600 square foot Grove style structure with an upper balcony near the waterfront, designed so that the shops would be clustered on the ground floor around the supply room. Overhead doors would open these workshops to the prevailing breeze. The second floor will create an overview of the work area and house the superintendents and administrative personnel. We project construction costs at $50 per square foot x 6,600 sq. ft. 97-1115 i i EX. DRY CONSOLIDATED ADMINISTRATION SHOPS BUILDING 0 .� SITE PLAN la: goo' w 4� 4 Dinner Kev Boatvard _ ► MAUAGEMEW COMPAW. INC. i ITEM 7: "DO-IT-YOURSELF" FACILITIES CAPITAL INVESTMENT: $13,000 PROJECTED NET ANNUAL RETURN: $68,150 GOAL: To offer the opportunity for boat owners of lesser means to paint their own boat bottoms, as well as make minor repairs and improvements. BACKGROUND: A "do it yourself" section is undoubtedly desired by many boaters, and is a long -overdue idea. It has certain problems, which can be addressed. "Do it yourself" boaters often need to work in hours that a 'boatyard is closed, which creates problems of security and. insurance. There is also the potential for heavy repair wor being done by commercial interests who do not pay revenues t, the City, and who are in competition with the City's tenant. Nevertheless, if.certain limitations -are built-in, the idea can be workable and produce revenues for the City as well as the Boatyard. IMPLEMENTATION: We propose to fence an area along the Chart House road, from the administrative offices to the existing gate/guard house. Up to 10 open stalls will be created. On the Chart House road side, there will be individual gates with combination _ locks. On the yard side, there will be a rolling gate to allow access for boats as they are hauled and launched. . This service will be advertised as strictly for "do-it-your- selfers" for non-commercial work. Typically, the customer will come in to do an annual bottom paint job and change zincs. By terms of the contract, no outside contractors will be allouid to work on the boat without providing proof of insur. ance, and 'guaranteeing to pay the City 10% of the bill and the Boatyard a fee for processing the work. Since we anticipate considerable demand for these spaces, a sliding rental scale will be instituted to discourage owners from using the space for more than 10 days. A'7-ili5 - item 710age PROJECTIONS/WORKUP FIGURES Assume: Area along SW fence, 180' long, divided into 8 stalls 25' wide x 65' long. Capital Costs: Fence: 65' x 7 stalls - 455 s 180 - 630' @ $10 per foot ...................................... $6,300 16 gates @ $100 each .............................. 1,600 Utilities (lights/power sources) .................. 5,000 $12,900 Revenues: Assume avg. boat 35' w/888 occupancy at $0.38 per -foot -per day. - 35 x $0.38 = @13.30/day x 7 - $93.10/day. (88% occupancy - spaces filled 6 days/wk) $558.60 wk. projected for space rental.......... $558.60 wk Average stay 3 day. Therefore two haul & launch @ $2.50 ft. x 35' x 7 x 2 - $1,225 wk. for projected hauling activities ................. 1,225.00 wk. Gross revenues per wk. $1,783.60 wk. Annual projection: Gross revenue ($1,783.60 x 52) $89,150 Cost of hauling @ $30 cost each: 7 x 2 x 50 weeks ........................................ 29,915 Projected annual revenues ....................... $59,235 23. 87-1H5 t _ { ITEM 8: NECESSARY NON -REVENUE ITEMS CAPITAL COST,: $2,044,000. RETURN: Indirect { i- This section includes the capital costs currently envisioned over the 25-year leasehold. ?_ — Main Hangar: Rennovation of broker offices, public restrooms and administration offices. Estimated lump sum...............$300,000 Repair of roof, termiting and painting .................... 205,000 Fire protection (sprinker, main.hangar, and _ existing marina ........................................... 120,000 Small Hangar. Demolish, lump sum.........................................100,000 - (The steel we take from the hangar can create 12 new cradles at an additional savings of $36,000. Boats presently stored in the small hangar can be accommodated by stack -storage in the main hangar.) Seawall. 1,000 l.f. of seawall restoration ......................... 5001000 v Permitting, local, state and federal ...................... 10,000 Paving and drainage. Work areas, front and back.................................150,000 Landscaping..................................................160,000 Cradle repair...............................................126,000 Existing wet slip repair....................................9200,000 Miscellaneous requirements, such as fuel well monitors, and other state and federally -mandated safety devices .... 100,000 Waterfront walk.... 73,500 $2,044,500 9 7-1115 ITEM 9: DINNER KEY BOATYARD ORGANIZATIONAL CHART GOAL: To satisfy City requirements for details of the proposed operation of Boatyard at 2640 S. Bayshore Dr. (See chart.) JOB DESCRIPTIONS (beginning at the level of General Manager). General Manager: 9 Reports to President and Board of Directors of Dinner Key Boatyard Management Company, Inc. Responsible for development, implementation and review of policies related to the Boatyard operation. Oversees staff shown in organization chart. Supervises staff and/or consultants for advertising, marketin public relations, corporate finance or other special projects ti Responsible for preparing/submitting annual budget and annual report to President and Board of Directors. PRODUCTION DEPARTMENT General Superintendent, Production: 1 Reports to General Manager. I Oversees daily operations of boat repair, storage, fuel dock, plant repair and yard maintenance. I Receives customers; assigns customers to supervisor; deals with customer complaints; arranges for collection of past due bills. 1 With assistance of clerk, prepares and reviews daily u^date o Time & Materials on boat repair; prepares and reviews final _ invoice. 9 With assistance of clerk, approves hauling and -launching of dry storage boats, assuring that such vessels are current in payments. I Responsible to assign, or designate assignment, of all wet or dry storage slips.. Wo -1115 I Responsible for hiring or termination of all individuals in the production chain of command. Production Superintendent: I Reports to the General Superintendent. I Estimates jobs and prepares written work orders. 9 Supervises foremen and work process; with assistance of fore- 4 men, maintains a daily graphic flow -of -work -by -vessel chart, with projected completion dates. i I Day-to-day responsibility for quality control. I Presents final invoice to customer. 9 Collects for bill or makes financial arrangement. - -1 Turns'boat over to customer and authorizes boat to leave yard. Foremen: I Report to superintendent. I Coordinate work with superintendent I Instruct and oversee craftsmen in performance of assigned tasks. I Provide input to superindentent as to status of jobs for graphic work flow chart. I Inspect work prior to quality control inspection by super- visor. ADMINISTRATION Superintendent of Administration I Reports to General. Manager. — >f Supervisory responsibility for administrative, financial, — bookkeeping, billing and inventory systems and personnel. — I Coordinates administrative functions re: yacht brokerage sales I Oversees wet and dry slip rental operations. 1 Oversees all mini -storage rentals. 8 7-i115 E] Oversees purchases of fuel and materials necessary to yard operations. n Oversees security operations. Responsible for hiring and termination of personnel in the administrative chain of command. 9 Assists general manager in creating long-term and daily systems necessary to the administrative operation of the boatyard. 87-1115 organizational Chart for Dinner Key Boatyard, Ltd. Board of Directors President -- Corporate officers General -Manager -- Secretary . F i I Superintendent Assistant General Superintendent Director of For Administration Marketing & Advertising Production. Receptionist Acoounting Computer Billing Supervisor Dock master% Driver Security Fuel Sales Plant & Yard Maintainence I Mechanical Foreman Mechanics Ov Foreman Carpenters Fiberglas Foreman Lift Crew f Paint Foreman Painters Electrical Foreman I Electrician r] �1 Ir ITEM 10: BAY WALK CAPITAL COST: $73,500. RETURN: No direct return. GOAL: To comply with the City of Miami's Bay Walk/River Walk guide- lines and provide a pleasant experience for the general public BACKGROUND: Although this Walk is mentioned throughout this proposal _— it is treated separately to emphasize its importance and discribe it in detail. Ideally, a boardwalk would cross the Boatyard waterfront and connect the old Coast Guard base with the Chart House Restaur- _ ant. This is impossible because of heavy equipment used in hauling boats, the danger to pedestrians, and insurance risks. The safety problem provides parameters for our solution. PROPOSAL (DRAWING NEXT PAGE': On the North end of the property, the Bay Walk from Monty Trainer's Restaurant to the proposed new Boatyard restaurant = will be*enhanced and landscaped. Thence, the Walk will follow the Boatyard's outer perimeter until it reaches Chart House Dr., where an existing sidewalk leads back to the Chart House. From the Chart House, a Walk will connect the restaurant with the Boatyard area known as the "old fuel dock pier." This 100' x 125' triangular area is used to tie up boats, and has a grassy center. It is frequently used by marina tenants for picnics or as a place to relax. We propose to improve on this existing use, and create a mini -outdoor park with tables and chairs. The location is such that visitors will have a view of the marina and also of boats being hauled by the existing boatlift. This will keep to the spirit of the Walk guidelines, without putting the public in physical danger or interrupting work. In this park, it is our desire to create a small memorial to the late Marilyn Reed, commorating her many efforts on behalf of environmentalism. 9 7-1115 M E R R I L L- S T E V E" 1*" R Y DOCK GO. 1.0� P.O. eL J046 • 2646 SOUTH SAYSHORE DRIVE • MIAMI. FLORIDA 331 DINNER KEY DIVISION PHONE 13061 091.6911 . CARLE ADDRESS "MERRILLCO" • TELEX: $1.05 April 16, 1987 — Mr. James C. Merrill Jr.. _ Chairman of the Board Merrill -Stevens Dry Dock Company - 1270 NW llth Street Miami, Fl. 33125 Dear Jabbo: I With kindest regards to yourself and the entire organization, I 1submit my resignation as general manager of the Dinner Key Division. Merrill -Stevens' decision not to bid on the Dinner Key property is for reasons I fully understand. I believe the company's interests,* and those of the public, are best served by a strong proposal which would result in a friendly buyout of the Dinner Key operation. Accordingly, on Monday, April 20, as executive vice-president of the newly -formed Dinner Key Boatyard Management Company, I will join Dr. Marvin Dunn and a group of other distinguished Miamians in presenting such a plan. The proposal puts a value on the company's Dinner Key operation that we have•; previously discussed, and sets forth the same terms detailed in my memo to you of April 7. Jabbo, I feel very confident that our plan will be the strongest one on the table, offering continuity for the City, Merrill -Stevens, employees, and the boating public. Should we be successful, I would be more than grateful if I could -_ seek wisdom and counsel over an occasional lunch with you and Jimmy. I think you both well know how much I have enjoyed our relationship, and I look forward to its continuance. With best regarAs, Ronald J-.-�aXkey cc: Joes C. Merrill III Fred Kirtland "SERVING FLORIDA'S MARINE NEEDS SINCE 1E85" 9 7-1115 CREDENTIALS/BIOGRAPHIES of KEY INDIVIDUALS DR. MARVIN DUNN, President Dr. Marvin Dunn Is well—known in Miami as an educator, psychologist, school administrator, civic activist and author. However, few people know that for nearly six years he ran a full—scale boat repair and maintalnance facility for the U.S. Navy. Aboard aircraft carriers from 1961-67, Dr. Dunn was officer —in —charge o? division maintalnance. "We did the same things any boatyard does," Dr. Duran recalls. "That Is, haul, scrape, paint, repair engines, do through —hull fittings, straighten shafts, and make carpentry and fiber— glass repairs." He oversaw maintalnance of boats ranging from 40 to 60 feet. "The 60—footer was the admiral's barge," he says. "If that customer had a complaint, you were In trouble." Dr. Dunn, a member of the Miami Marine Council, among other civic groups, is a.*long—time friend of the other principals. The group had previously Investigated business opportunities In private marina deve— lopnent. Dr. Dunn holds a B.A. from Morehouse College, Atlanta, an M.A. from Roosevelt University in Chicago, and a PhD from the University of Tennessee. He came to Miami in 1970 as a psychologist in the Dade School*System. He founded the Dade School System's Academy for Contin— uing Education, which has become a pilot for dealing successfully with high —risk students, and he is a professor at Florida International University. As president of the Dinner Key Boatyard Management Company, Inc., Dr. Dunn will have overall responsibility for corporate goals, and Is the partnership's chief spokesman. 97-iii5 A CREDENTIALS/BIOGRAPHIES of KEY INDIVIDUALS RONALD J. FALKEY, Executive vice president As Special Projects Director and General Manager of Merrill —Stevens' Dinner Key Division, Ron Faikey spent more than two years creating a _ full —service marina and boatyard plan that could most City requirements and still be profitable. _ "The plan had become like a child," he says. "It had a life of Its own.", When Merrill —Stevens decided not to bid, Ron resigned to form Dinner Key Boatyard Management Company, Inc. "Developing and implementing marina projects Isn't new to me --I've done that all over Florida and the Caribbean, Including Merrill —Stevens' — $J .5 million river facility last year," he comments. "The only thing different Is doing it as a partner." For 15 years, he was project manager of the Miami engineering firm, Greenleaf/Telesca. He was involved in the preliminary study, environ— mental permitting and construction. In all, he was project manager of some 3S marine fa.ellitles. Among these was the City of Miami's Dinner Key Marina project, which Is now under construction; the Elliott Key Marina for the U.S. National = Park Service,• Bahia Honda State Recreational area for the State of Florida Department of Natural Resource; the Key Largo Angler's Club; — the City of Punta Gorda Marina; and the Riviera Beach Marina. For his work, he was selected for membership In the prestigeous — national Society of Naval Architects and Marine Engineers. — From 1959 to 1963 Ron was resident engineer and chief estimator for — the John C. Peterson Construction Co., overseeing construction of the new Miami International Airport. Later he oversaw planning and per— _ - mlting for solid waste disposal projects. After a Korean tour with the U.S. Army, Ron returned to Minnesota — to attend Gustavus Adolphus College on a football scholarship. He then came to Miami where he became an engineer for the City. _ Ron Is a multi —hull sailor, and has held offices In the Marine Coun— cll and Miami River Business Association.. He is a member of Admirals of the Fleet of Florida, and the Dinner Key Cruising Club. He will be general manager of the boatyard, In charge of operations, permitting and construction. _ �•'111J — CREDENTIALS/BIOGRAPHIES of KEY INDIVIDUALS CLAM KEYES HARDIN, Secretary —Treasurer When Clara Hardin was the same age as her son, Casey, 13, she used to have docking contests with her brother, Ken Keyes III, aboard the family's 71—foot yacht, a converted PT boat. Years later, she used that experience daily aboard sailboats ranging up to 51 feet. The family lived aboard and cruised most of the year for six years, while her husband, Bob, wrote Industrial films In anchorages. "We were In boatyards all over Flcrlda and the Bahamas," she recalls. "Boatyards are great places, but they tend to be insensitive to woman's tastes and oblivious of Blacks. Our group believes that addressing those concerns will, In the long run, make us more than just good citizens --we think i.t is a profitable concept." The idea of a boatyard strongly conmltted to civic activism is not new to Clara. Years ago, her family operated .the Merrill —Stevens Dry Dock Co., and encouraged the Greater Miami Opera to store scenery and practice In the upper floors of the company's Dinner Key hangar. "It used to startle boatowners to hear operatic voices reverberating through the hangers," she remembers. A former bank officer, Clara today is in real estate, and for several years has ranked among the top producers for Merrill —Lynch Realty. She Is a member of the board of patrons of the Greater Miami Opera Iv Association, a board member of the Lowe Art Gallery's Friends of Art, a member of the Society of 1,000 of the National Foundation for Advance— ment in the Arts, and a sustaining member of the Junior League. It was largely her contacts in the community which enabled the partnership to quickly arrange financial comnittments to answer the City's request for proposal. She will be the company's liaison with W.B. Koon', CPA, as the boat— yard modernizes its bookkeeping, billing and Inventory procedures. 8 7-1i15 CREDENTICIBIOGRAPHIES of KEY INDIVIDUAL CALMON B. ROSENBAUM, Financial consultant Cal Rosenbaum was vice president for corporate risk management of Wometco Enterprises, and is nationally known in the field of risk _ and money management. His numerous philanthropies benefit such organ— izations as the Lowe Art Gallery, South Miami Hospital, Greater Miami Opera Association, Greater Miami Jewish Federation, and National Foun— —_ datlon for Advancement in the Arti, among others. Holder of a BBA In finance and management from the University of _ Miami, Cal was one of the first persons to whom the partnership turned for advice and support. He Is a member of the management company's — board,of directors, and will take a lead role In setting up the boat— — yard's financial, Insurance and risk management systems. GUNTHER STEEN, Development consultant Gunther Steen is a businessman —developer who has lived In Miami _ since /959. The founder and retired president of Nutron Plastics Company, Miami, he serves as an advisor and vice chairman of the board for Rotocast Plastics, Inc., of Miami, whose sales are nationwide. He was the financial principal, developer and general contractor of two outstanding condominiums on Biscayne Bay, Pelican Reef and Pelican — Reef West, whose construction costs of $S million each were on a scale comparable to the boatyard proposal. A sallboat• owner and long—time customer of the boatyard, he will assist Ron Falkey In development, construction planning and super— vision. He provides the company backup managerial support. JACK W. JOHNSON, Contracts consultant A former senior vice president of Eastern Airlines and B.F. Goodrich Companies, Jack W. Johnson brings 27 years experience In employee relations and contract negotiations. He Is a graduate of the University of Akron, and .senior executive programs at MIT and Carnegie Motion. He will assist Dr. Dunn and Ron Falke•y In dealings with the City, and prior operators, and competitive bid contractors during the construction process. ROBERT A. HARDIN, Consultant Robert Hardin has been a major participant In all stages of the planning and proposal process. His management role may be limited by impending contractual commitments, but at a minimum he will oversee the bostyard's marketing strategies. His biography Is listed in Who's Who In the South and Southwest, and Who's Who In the World. 97w-iii5 f t 540 N.W. 165th Street Road North Miami Beach, FL 33169 Dade: (305) 948.6201 Broward: (305) 920.6006 April 16, 1987 W. B. Koon & Co, Certified Public Accountants Dr. Marvin Dunn, President Dinner Key Boatyard Management Company, Tnc. 2640 South Rayshore nrive Miami., FG 33133 Dear nr. Ounn: It is with great pleasure that we submit this letter to Dinner Key �Ioatyard Management Company, Tnc. Your offer to join -the team in its efforts to secure the Ginner Key leas, - is gladly accepted and we are confident of our ability to provide the finest professional services available. We have reviewers in brief your proposal to the City of Miami and believe that your proposed strategies for renovation of the current boatyard facilities and your commitment to increased efficiency and productivity are realistic And reflect the experience and insight of your team. It is clear that your proposal has strong potential for success and we look forward to becoming a part of that success. Sincerely, W. a. Koon & Company 8 7—'1115 H ORSA&Y INSURANCE' AGENCY„ INC• SAFETY ERVICE AVINGS Phones 444.8475 3251 Ponce de Leon Boulevard Coral Gables. Florida 33134 April 2.0, 1987 -Mr. Marvin Dufin, President Dinner Key Boat Yard Management Co. Inc. 2640 South Bayshore Miami, Florida 33133 Dear Mr. Dunn: This is to advise you that our agency would be able to provide the necessary insurance and bonds required for your Dinner Key Boat Yard Management Company project. The character, integrity and business reputations of the part- ners involved will facilitate the placement of'this coverage. The underwriters involved would be financially sound, highly regarded and experienced in our business; and would satisfy the requirements of banks and/or investors. Our agency has been in existence since 1928.serving the business needs of our Community. If we may be of further assistance please let me know. ?CU, CIC DR/lm n 8'7-1115 Southeast Bank, N.A. April 17, 1987 Mr. Caesar Odio City Manager City of Miami 3400 Pan American Drive Miami, Florida 33133 Re: Dinner Key Boatyard Management Company, Inc. Dear Mx. Odio: As per the City of Miami's Request For Unified Development Proposals for 2640 South Bayshoii?e Drive, Miami, dated January 19, 1987, Southeast Bank, N.A. hereby acknowledges reviewing and discussing the Dinner Key Boatyard Management Company, Inc.'s site development program. Based on various financial and non -financial information prepared and presented by the subject's management team, the anticipated borrowing requirements envisioned in the company's financial projections over the initial six year period range from $1,000,000 to $1,500,000. Subject to due diligence, documentation and credit approval, Southeast Bank, N.A.'s preliminary determination is that this proposal has merit, and has agreed to consider accomodating Dinner Rey Boatyard Management Company, Inc.'s credit re- quirements should the company be successful in obtaining the City of Miami bid on the site. Re efully Yours, aceslippucci Assisice President One Southeast Finandal Center, Miami, Florida 33131 8'7-1115 N lob G1 .IIIIII II DINNER KET BOATYARD WWMMUsMT CONPANT, INC. CITY OF MIMI REGUEST FOR UNIFIED BEVELOPIENT PROPOSALS 10 TEAR CASN FLOW PROJECTIONS (OOONS OMITTED) REVENUE CENTERS 1 2 3 4 S 6 7 8 9 10 80AT REPAIR CROSS REVENUES 2182.0 2291.1 2405.7 2525.9 2652.2 2784.8 2924.1 3070.3 3223.9 3385.0 OPERATING EXPENSES 1"9.7 2057.7 2160.6 2268.6 2382.0 2501.1 2626.2 2757.5 210.4 3040.1 CA►HAL EXPENDITURES 0.0 .......................................................................................... 0.0 10.0 0.0 0.0 10.0 0.0 10.0 0.0 10.0 NET CASH FLOW 222.3 233.4 235.1 257.3 270.2 273.7 297.9 302.3 328.4 334.9 TRAVELIFT/ GROSS REVENUES 0.0 345.0 362.3 380.4 399.4 419.3 440.3 462.3 48S.4 509.7 REPAIR OPERATING EXPENSES 0.0 216.8 227.6 239.0 251.0 263.5 276.7 290.5 305.1 320.3 CAPITAL EXPENDITURES 204.1 .......................... 60.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 150.0 NET CASH FLOW -204.1 60.2 ......... 134.6 ..._..... 141.3 ......... 148.4 ....-.... U5.8 ---...... /63.6 ...-..... 171.6 ._....... 180.4 . 39.4 EXISTING ORT CINOSS REVENUES 268.7 282.1 296.2 311.1 326.6 342.9 360.1 378.1 397.0 416.8 STORAGE OPERATING EXPENSES 243.6 256.0 268.8 282.2 296.3 311.2 326.7 343.1 360.2 378.2 CAPITAL EXPENDITURES 0.0 .......................... 0.0 0.0 10.0 0.0 10.0 0.0 10.0 0.0 10.0 moms.. NET CASH FLOW 24.9 26.1 ......... 27.5 ......... 18.8 .................. 30.3 21.8 ._....... 33.4 -----.... 25.0 •--•-.... 36.8 - 28.6 STACK STORAGE GROSS REVENUES 56.6 306.0 321.3 337.4 354.2 371.9 390.5 410.1 430.6 452.1 OPERATING EXPENSES 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 CAPITAL EXPENDITURES 344.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 150.0 ............ ........... ................................................................... NET CASN FLOW -288.1 306.0 321.3 337.4 354.2 371.9 390.5 410.1 430.6 302.1 EXISTING WET GROSS REVENUES 319.9 335.9 352.7 370.3 3W.8 408.3 428.7 450.1 472.6 496.3 SLIPS AND FUEL OPERATING EXPENSES 244.3 256.5 269.3 202.0 296.9 311.8 327.4 343.8 360.9 379.0 CAPITAL EXPENDITURES 0.0 ................. 0.0 ......... 0.0 0.0 0.0 10.0 0.0 0.0 0.0 10.0 NET CASH FLOW 75.6 79.4 •----.... 83.3 ....-.... 87.5 ......... 91.9 ----..... 86.5 ......... 101.3 ......... 106.4 ......... 111.7 _ 107.3 NEW WET SLIPS GROSS REVENUES 0.0 ".1 /88.2 197.6 207.5 217.9 M.8 240.2 252.2 264.8 OPERATING EXPENSES 0.0 4.3 83 8.9 9.4 9.8 10.3 10.8 11.4 12.0 CAPITAL EXPENDITURES 0.0 .......................................................................................... 287.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 14.4 ........... NET CASH FLOW 0.0 -193.0 179.7 188.7 196.1 208.0 218.4 229.3 240.8 238.5 RESTAURANT GROSS REVENUES 0.0 36.0.0 378.0 396.9 416.7 437.6 459.5 482.4 506.6 531.9 OPERATING EXPENSES 0.0 185.4 194.7 204.4 214.6 225.4 236.6 248.5 260.9 273.9 CAPITAL EXPENDITURES 123.8 5.0 S.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 NET CASN FLOW --...-•---•- -123.6 ..... -----.... 169.6 ----..... 174.3 -----.... 187.5 ••--..... 197.1 -•--..... 207.2 --•-..... 217.8 ---•..... 229.0 ----..... 240.7 - 253.0 8 �"w 00-IT-YOURSELF GROSS REVENUES $9.2 93.7 90.3 103.3 106.4 113.6 119.5 125.5 131.6 138.4 OPERATING EXPENSES 21.0 22.1 23.2 24.3 25.5 26.6 28.1 29.5 31.0 32.6 CAPITAL EXPENDITURES 12.9 0.0 0.0 0.0 2.5 0.0 0.0 0.0 0.0 2.5 NET CASN FLOW .................................................•----.................................... 55.3 71.6 73.2 79.0 80.4 87.0 91.4 96.0 100.8 103.3 0j 0 IN, Ce1 1 2 3 4 5 6 7 R 9 10 MINI STORAGE GROS$ REVENUE$ $1.6 92.9 97.S 102.4 107.5 112.9 110.6 126.5 130.7 137.3 OPERATING EXPENSE$ 10.0 20.0 21.0 22.1 23.2 24.3 25.5 26.4 20.1 29.5 CAPITAL EXPENDITURES 302.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 .. NET CI SN FLOW ...................................................................................... •260.6 72.9 76.5 $0.4 9414 N0.6 93.0 97.7 102.6 10T.7 TACNT GROSS REYEMES 34.0 34.0 34.0 34.0 34.0 VA 37.4 VA 37.4 37.4 BROKERAGE OPERATING EXPENSES 15.6 16.4 17.2 16.1 19.0 19.9 20.9 22.0 23.0 24.2 CAPITAL VVENDITURE0 ................................. 125.0 0.0 0.0 0.0 ......................................................... •.0 0.0 0.0 0.0 0.0 8.0 NET CAN FLAT -106.6 1 .6 U.'s 15.9 7.0 17.5 16.S 15.4 14.4 S.2 NON-REVEME PRODUCING ITEMS SMALL NANGAR ■■■■■■■w.... DEMOLITION TOTAL COST 100.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 NAIR NANGAR SPRINKLER TOTAL COST 60.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TERNITING TOTAL COST 30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 30.0 FIRE (DOCK PROTECTION TOTAL COST 0.0 30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 .a.■■�o 0.0 MAIN NAMGAR ROOF/RENOVATION TOTAL COST 125.7 0.0 0.0 0.0 6.5 0.0 0.0 0.0 6.5 0.0 OFFICE RENOVATION TOTAL COST 0.0 100.0 100.0 100.0 0.0 0.0 0.0 0.0 0.0 0.0 WATERFRONT WALK TOTAL COST 0.0 40.0 33.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 WET SLIP REPAIR TOTAL COST 0.0 0.0 200.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 CRADLE i REPAIR TOTAL COST 0.0 126.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 YARD PAVING/ DRAINAGE TOTAL COST 0.0 0.0 ISM 0.0 0.0 0.0 0.0 25.0 0.0 0.0 CONSOLIDATED BUILDING TOTAL COST 0.0 0.0 0.0 32S.0 0.0 0.0 10.0 0.0 10.0 10.0 NISODLLANEOUS SAFETT TOTAL COST I 0.0 50.0 50.0 0.0 5.0 0.0 5.0 0.0 5.0 0.0 1 2 3 4 S 6 7 a 9 10 fEAWIL WAIR TOTAL COST 0.0 0.0 0.0 210.0 310.0 0.8 0.8 0.0 0.0 0.0 LARosC�rrNa TOTAL COBT 0.0 50.0 50.0 50.0 0.0 5.9 0.0 5.0 0.0 5.0 KGIWINO INVESTMENT 750.0 0.0 0.0 . 0.0 0.0 0.0 0.0 0.0 0.0 0.0 at= REVENUE 3002.0 4M.7 4534.2 4759.2 4995.5 S247.0 5507.5 5751.0 6008.1 6369.T OFERATINIi ElMSEB 2496.4 3035.1 3190.9 3350.4 3517.9 303.6 3878.5 4072.4 4276.1 4489.9 UM CAU FLOW ------•................................................................................... 12ST.6 120i.T 1343.4 1408.8 1477.6 1553.2 1628.9 1708.5 1792.1 109.9 LEUI CAPITAL EMNDITURES 1428.6 756.9 S98.5 700.0 337.0 40.0 20.0 SS.O 26.S 404.9 CITY REYENA RBTALTY 350.0 3SO.0 350.0 350.0 350.0 350.0 350.0 350.0 350.0 350.0 TARGET CAN CUMINO CAPITAL) 1SO.0 1SO.0 ....... ....................................................... 150.0 ' 160.0 180.0 180.0 140.0 180.0 10.0 180.0 0 NET CAN FLOW 84 ............ •-------------- OUT =ERVICE -671.0 --•-....... -52.1 244.9 196.8 610.6 90.2 1074.9 1123.5 105.6 9K.9 IWO. E0WIFIENT LIMN BALANCE $00.9 --------------•--•-------------------------------------•----------------------- 800.0 800.0 800.0 800.0 640.0 480.0 320.0 160.0 0.0 EODIFI m LOAN INTEREST tiox) 80.0 00.0 80.0 40.0 72.0 56.0 40.0 24.0 8.0 0.0 SWIMUT LOAN REFAYNENT 0.6 0.0 0.0 0.0 160.0 160.0 160.0 160.0 160.0 0.0 ENO. EWIPMT LOAM BALANCE 800.0 110 00-0 M.0 90Oo0 640.0 40.0....320.0....160.0 0.0 : .... ......0.0 . ' MY CAN FLOW B4 REVOLVER -751.0 •132.1 166.9 11S.8 378.6 767.2 878.9 939.5 1W.6 04.9 BEG. REVOLVER LOAN BALANCE -7S1.o -792.3 -1013.9 -"T.0 -936.9 -W.6 0.0 0.0 0.0 0.0 REPO m INTEREST (11x) 41.3 -96.4 -10.0 -94.7 -82.2 -35.2 0.0 0.0 0.0 0.0 go. REvava LOAN BALANCE -792.3 .....................•---........ -1018.9 -9s7.0 -936.9 _...._..... -640.6 ----_.... 0.0 0.0 0.0 0.0 0.0 VMSs CASH 0.0 a.0 0.0 0.0 0.0 ......... "A -------•--••...... 8711.9 939.5 ----..... 1067.6 - 9K4.9 f t f I 1 2 3 4 S 6 7 8 9 10 SEAWALL REPAIR TOTAL COST 0.0 0.0 0.0 210.0 310.0 0.0- 0.0 0.0 0.0 0.0 --------------- LANtMSCAPING TOTAL COST 0.0 50.0., 50.2 50.0 0.0 S.0 0.0 5.0 0.0 5.0 gm=xmn BEGINNING INVESTMENT 400.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 GROSS REVENUE 3002.0 4239.7 4534.2 47S9.2 4995.5 SAM SS07.5 5791.0 606IM.1 6369.7 OPERATING EXPENSES 2494.4 3035.1 3190.9 3350.4 3S17.9 3693.8 3878.5 4072.4 4276.1 4489.9 GROSS CASN FLOW ...............................• 907.6 1204.7 1343.4 ......................................................... 1408.8 1477.6 IS53.2 1628.9 1708.S 1792.1 1879.8 LESS: CAPITAL EXPENDITURES 1428.6 756.8 598.5 700.0 337.0 40.0 20.0 S5.0 26.5 404.9 CITY REVENUE ROYALTY 350.0 3SO.0 3SO.0 350.0 350.0 350.0 350.0 350.0 350.0 350.0 TARGET CASN (WORKING CAPITAL) 100.0 100.0 110.0 110.0 120.0 120.0 120.0 120.0 120.0 120.0 INVESTORSP RETURN (10X) 0.0 .......................................................................................... 0.0 0.0 ' 0.0 0.0 0.0 40.0 40.0 40.0 40.0 NET CASN FLOW K DEBT SERVICE -97f.0 -2.1 2K.4 248.8 b70.6 1043.2 1098,4 t143.5 1255.E 964.9 BEG. EQUIPMENT LOU BALANCE .......................................................................................... 800.0 800.0 ' 000.0 800.0 800.0 640.0 480.0 320.0 160.0 0.0 EQUIPMENT LOAN INTEREST T10x) 80.0 80.0 80.0 80.0 72.0 56.0 40.0 24.0 8.0 0.0 EQUIPMENT LOAN REPAYMENT 0.0 0.0 0.0 0.0 160.0 160.0 160.0 160.4 160.0 0.0 END. EQUIPMENT LOAN BALANCE 800.0 .......................................................................................... $00.0 800.0 800.0 640.0 480.0 320.0 160.0 0.0 0.0 MET CASK FLOW 84 REVOLVER -1051.0 -82.1 204.9 168.6 436.6 827.2 M.4 959.5 1087.6 964.9 BEG. REVOLVER LOAN BALANCE -1051.0 -11OB.8 -1317.4 -1246.2 -1205.2 -375.0 -98.7 0.0 0.0 0.0 REVOLVER INTEREST (11%) -57.8 -126.S -133.6 -127.8 -108.4 -S0.8 -5.4 0.0 0.0 0.0 END. REVOLVER LOAN BALANCE -1108.8 -1317.4 -1246.2 -1205.2 -87S.0 -96.7 -.............. 0.0 0.0 -...................... 0.0 0.0 EXCESS CASH .................................................... 0.0 0.0 0.0 0.0 0.0 0.0 794.9 959.5 1087.6 964.9 _ G't DINNER KEY Ary4INISTRATIVE OVERHEAD: PRO -RATED TO MAJOR ACTIVITIES �-- 198E Description from Production FunlMocks In -out storage costs valance sheet (Shops) _ $ % Cost $ Cost % Cost 1. 159,000 Gen. payroll exp... 85 135,150 5 7,950 10 15,900 = 2. 123,200 Exec. salaries..... 80 98,560 10 12,320 10 12,320 3. 108,300 Clerical........... 80 86,640 10 10,830 10 10,830 4. 96,800 Wbrkman's comp..... 85 79,900 5 4,840 10 9,600 5. 75.900 Sumrintendents.... 85 64,515 10 7,590 5 3,795 6. 65,800 Group insurance.... 85 55,930 5 3,290 10 6,580 - 7. 58.400 Guarti-security..... 40 23,360 20 11,680 40 23,360 8. 54,000 Liqht & power...... 50 27,000 40 21,600 10 5 400 9. 51,00n Legal/licenses..... 80 40,800 10 5,100 10 51100 10. 48,600 Insurance qen...... 85 41,310 5 2,430 5 4,860 11. 47,300 Purchasinq......... 80 37,840 10 4►730 10 4,730 12. 29,300 Crafles paint. & - _ repair........ 50 14,650 -- -- 50 14,650 13. 26,800 AMvertisinq........ 80 21,440 10 2,680 10 2,680 14. 25,900 Joiner shop....... 100 25,900 -- -- -- 15. 25,700 tbcks & Piers mint. & repair... 20 51160 65 16,770 15 3,870 - 16. 25,400 Telephone......... 75 19,050 10 2,540 15 3,810 17. 25,000 Lift, maint........ 70 17,500 -- 30 7,500 - 18. 24,000 Paint shoo•••.•.•• 100. 24,011 -- -- -- -- 19. 22,700 Yar4 cleaninq...... 50 11,350 15 3,405 35 7,945 _ 20. 21,200 Store room......... 75 15,900 In 2,120 15 3,180 21.. 18,200 Office suppl. iPs & printing....... 80 14,560 10 1,820 10 1,820 22. 17,700 Office equip. rental & mint... 80 14,160 10 1,770 10 1,770 23. 17,500 Machine shop.......100 17,500 -- -- -- -- 24. 17,200 Taxes -prop.& use... 50 81600 20 3,440 30 5,160 25. 17.00n Builsinq mint..... 40 6.800 40 6.800 20 3,400 26. 16,500 Janitor service.... 50 8,250 15 2,475 35 5,775 27.. 16,200 Hysters............ 70 11.340 -- -- 30 4,860 28. 14,'500 Bankinq (crexit c.) 20 2,900 80 11,600 -- -- 29. 7,900 Auto/trucks........ 80 6,320 10 790 10 790 30. 7,700 Electric shop ...... 100 7,700 -- -- -- - 31. 6,300 Au4it/travel....... 80 5,040 10 630 10 630 32. S,Onn Uniforms expense... 90 5,400 5 300 5 300 33. 5,900 Plant mach mint... 80 40,720 .10 590 10 590 34. 5,600 Rn terta inmen t & company meetings.. 80 7,520 10 940 10 940 35. 4,900 Water & ice........ 50 2,450 25 1,225 25 1,225 36. 3,900 lbol room.......... 90 3,510 5 195 5 195 37. 3,100 Rbstage............ 70 2.170 15 465 15 465 38. 3,000 Est imatinq......... 100 3,000 -- -- -- -- 39. 2,800 Employee expense... 80 2,240 10 280 10 280 4n. 1,800 Safety ............. 80 1,440 10 1$0 10 180 41. 1,80n DDnations.......... 80 1,440 10 180 10 180 $983,015 $153,555 $174,870 Kikqircr LEAD ,- - - - T[Ple FSTIAXI'Vi (Revised 3/3/87) Project Estimated Fnvironm-2nta N - - —Costt. &C U,me n t Building Construction Dotal capital Costs Permit & Bid Process Permits 'rime Rack Storage 344,700 3 mo 2 month .1 Mo. 4 mo 10 Mo. Travelift 272,100 6 mo 2 mo. I so- 4 mo. 13 mo. Hint Storage 302-400 2 mo. 1.5 Mo. 3 mo- 6-5 Mo. Wet Slips 287.800 9 Mo. 2.5 mo. I mo 6 mo 18.5 Mo. Public restaurant 123,780 3 mo. 3 so. 6 Mo. 12 mo. Seawall 510,000 4 mo. I Mo. 3 so. 6 mo. 14 mo. Office 300,000 3 mo. 2 so. 6 mo. 11 Mo. Rennovation Demolish 100,000 1 Mo. I Mo. 3 Mo. 5 Mo. Small Hamer Main Hanger 125.700 -- 2.5 mo. 3 no. 2 Mo. 7.5 mo. r*nnovation Paving/Drainage 150,000 2 no. I Mo. I no. 2 mo. 6 mo. Fire Protection/ 120,000 -- 2 mo I Mo. 4 Mo. 7 mo. 1ptink-lers Ternitinq 30,000 1 mo- I Mo. 2 mo. Landscaping 160,000 2 mo. I Mo. 2 Mo. 5 Mo. Waterfront walk - —731 J-1 (!0 - ---- = - -- 3 Mo. 6 mo. Cradle rep./rept. 126,000 -- 3 Mo. 6 mo. 6 mo. Net Slip repair 200.000 3 mo. 3 mo_ I Mo. 4 mo. 10 Mo. Consolidate bldg. 325,000 3 mo. 2 mo. 6 mo. 11 Mo. PROPOSER Name: Dinner Key Boatyard Ltd. Address for purposes of notice of other communication relating to the proposal: sinner Key noatyard Planaaement Co. 15745 S.W. 77th Court, Miami, ri. 33157 _ c/o Ronald J. Falkey (Managing Partner of. the Limited Partnership) Telephone No. ( sr,) 2.35-5735 The proposer is a: ( ) Sole proprietorship; • ( ) Partnership; ( ) Corporation; or ( ) Other (explain below) (x) Limited Partnership . 87-1115 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: — 1. Date of Organization April 17 1487 2. General Partnership ( ) Limited Partnership (x ) 3. Statement of Partnership recorded Yes ( ) No ( x) _ Date Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( x) 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 Nar.:e Address P. rcentaae `. 230 Ridgewood Rd. Limited Clara Keyes Hardin Coral Gables, F1._„ — 00 Ocean Lane Dr. ' Limited Roberta Rymer Balfe Key Biscayne F1. 5.0% M00-013 Cutler Rd. Limited Calmon P. Rosenbaum Coral Gables, F1. 7.5% ■ Limited R.W. Payne, Jr. 2950 S.W. 27th Ave. 5.0. ■Miami Do n ins Ltd. 0 Limited Joseph Robbie 4770 Biscavne Blvd. 2.5% Limited Marvin Dunn 3530 Crystal View Court 2.5% Limited Ron Falkey 15745 S.W. 77 Ct., Miami 2.9% — Limited Walter. Garst 1.781 F.s3panola, Miami 2.5% Limited Miami River Business __ Assoc. Aqr a,NWMiN�mRiver 2.5% - Limited Mr-& Mrs. Joseph Maggio 3400 Pan American Dr. 2.5% Limited Julian Vinas 5375 Orduna Coral Gaines 2.5% eeneral Dinner Key Boatya 2700 SW Third Ave., Miami 25.0% - Management Company, Inc. 6. Attach a camplete copy of the partnership agreement. L__J 0 CORPORATION STATEMENT of Manaaement Partner If proposer is incorporated, answer the following: 1. When incorporated? Acril 2n, 1987 2. Where incorporated? Florida 3. Is the corporation authorized to do business in Florida? Yes ( x) No ( ) 4. The corporation is held: Publicly ( ) Privately (x ) — 5. If publicly held, how and where is the stock traded? 6. List the following: _ Authorized Issued Outstanding (a)Number of voting shares: 1000 950 9n _ (b)Number of non -voting shares: (c)Number of shareholders: (d)Value per share of Common Stock: Par $ 1.00 _ Book $ Market $ - 7. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. if more than 5% of any class of stock is held by one or more corporations, then each owner -corporation must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on page. If said owner -corporation are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on page. The City requires information on all corporations that directly or indirectly have an • ownership interest in the proposer - corporation. _ S.' If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here -Pinner Key Aoatvard • Ltd. and also complete pages and if corporation type corporation name on said pages for identification purposes), furnish financial statement required on page for the individual or corporate guarantor. 87,1115 PROPOSER'S EXPERIENCE STATEMENT - Describe in detail the duration and extent of your business experience with boat yard facilities, marina facilities, and other commercial development. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and _ locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by —_ you. In addition, please also provide photographs or other illustrative material depicting projects that will demonstrate our 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. PROPOSER'S FINANCIAL DATA W Financial -Statement Proposer, owner -corporation proposer , and any person or business _ entity guaranteeing the performance of the proposer must attach a complete report, repaired in accordance with good accounting practice, reflecting current financial condition. The report must include a balance.sheet and annual income statement. The person or _- entity covered by the statement must be prepared to substantiate all information shown. - Surety Information Has any surety or bonding company ever been required to perform upon your default, Yes ( ) No ( X ) 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 bankruptcy? Yes ( ) No (X ) 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. NONE 9 7-1115 PROPOSER'S REFERENCES MARVIN nyTMN, President List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least dne reference must be a financial institution. Reference No. 1 Name: Firm: Peonles National Bank of Commerce Title. - Address: 3275 N. W. 79th Street, Miami Telephone: (305 ) 696-n7nn Nature and magnitude of purchase, sale, loan, business association, etc.: — Business loan: 550,000 -Paid in full Reference No. 2 • Name: Firm: University Credit Union Title: Address: 6290 Red Road Telephone: (305 ) 284-4832 Nature and magnitude of purchase, sale, loan, business association, etc.: Personal loan: S3,000-Paid in full 9 7--i1i5 Marvin Dunn Reference No. 3 Name: Robert Loring Firm: P.D.O. Data Corn, 471n S.W. 47th Ave. Miami Title: Telephone: (305 ) 443-2151 Nature and magnitude of purchase, sale, loan business association, etc. Computer data services,on cioinq association. Services_ purchased estimated at 93,000 in past year. Reference No. 4 Name: M. Lindo Firm: Kendall FRuipment Corn. Title: Address: 3047 S.W. 38th Court, Miami • Telephone: (305 ) 442-19r,3 Nature and magnitude of. purchase, sale, loan business association, etc.: Purchase of orintino eauinment; on aoina association• Mimatea purchase in nast 3 mont s, .1,n00 8'7-1115 f PROPOSER' S REFE'RENCLS RONALD J. FAL%EY - List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the _ references named are to have knowledge of your debt payment history. At least dne reference must be a financial institution. - Reference No. 1 Name: 1st Penn P_A"IGL. Firm: Titles Address: 1300 Verenon Dr., Ft. Washington, Pa. Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: Auto lease-522.000 Reference No. .2 Name: Firm: American Fxpress Title: Address: Dallas, TX Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: Charge card- S400/mo 8 7-1115 1 Ronald J. Falkev �-' Reference No. 3 Names Firms Florida rederal Address: P.O. Sox 30329, Tamaa, Fl. Telephone: Nature arid magnitude or purchase, sale, loan business - association, etc. Mortqaqe on residence- $125,non Reference No. 4 Na me : — Ui. r;n,: (;eneral Flectric Mortqaqe Co. Title: Address. Los Angeles, CA Telephone: (�) Nature and magnitude of Purchase, sale, load business association, etc.: Mortqaqe-S135,0nO on condominium { i S-1115 Para Keyes Hardin PROPOSER' S R EFlERLNC3ES List four persons or firms with whom you have conducted business transactions during the bast three years. At least two of the references named are to have knowledge of your debt payment history. At least dne reference must be a financial institution. Reference No. 1 - Southeast Bank Name: Firms Southeast Bank Titles . Address: 7100 N. Kendall Drive, Miami, Fl. 33156 — Te le13"ione : ( 305 ) 599-2265 Nature and magnitude of purchase, sale, loan, business — association, etc.: Financing of Jaguar,$36,000 — Reference No. '2 Name: firm: Eric Exton, Trustee Title: Address% 123 Edward St., Suite 1022.• Tornn o- r'anaAa Telephone: ( 416) 597-0787 Wature and magnitude of purchase, sale, loan, business association, etc.: Financing of a Coconut Grove condominium, $56,000 approx. 87-1H5 Clara Keyes Hardin Reference No. 3 Name: Mary Jane DiVincent , Firm: Merrill Lynch Realty Titles Vice President -- Telephones ( 305 667-4815 Nature and magnitude of purchase, sale, loan business association, etc. Broker for real estate firm with which I have my license. Reference Nb. 4 Elliott Danner Name: Firm: Grove Gate Bank Title: Sr. Vice President Address: 2770 S.W. 27th Avenue Telephone: ( 305 ) ,A48-6888 ` Nature and magnitude of. purchase, sale, loan business association, etc.: Have checking accounts with this institution. 8 7--111a' _PROPOSER'S ARCHITECT/ENGINEER Name: Anec Consultants Incorvorated Street 2780 S.w. noualas Rd., Suite 200 Address: Miami, F1. 33133 Mailing Address: Same Telephone: (305) 448-2732 Names of principals and their titles who will be chiefly responsible for the design and engineering of the project: John Martin Name - Richard Soloman PROPOSER'S ARCHITECT/ENGINEER Name: Philip Ostendorf President Title Vice President Street 1047 Mariner Drive, Key Biscayne, F1. 33149 Address: Mailing Same Address: Telephone: (305 ) 361-1936 Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Phil Pstendorf Name Name Name President T tle Title Title Names, addresses, and telephone number of other consultants who will have a major role in the project. 8 7-1115 APEC CONSULTANTS INCORPORATED - 2760 S. W. 0ouptu Road Miami.712 U.S.A. APEC CONSULTANTS INCORPORATED lFlorida23 EXPERIENCE STATEMENT Telex: 2e767e APEC UR _ APEC Consuitants was incorporated in Florida In November 1978 and has maintained offices in the City of Miami for the past nine years. - The firm is an independant practice owned by the principals of APEC, an organisation structured to provide multi -discipline professional consulting services in the fields of Architecture, Planning, Engineering Cost Control and Construction Administration. The original office of the group_was established in 1959 and this year APEC celebrates its twenty eigth year of continuous growth and dedicated professional service. APEC is both locally and internationally established and currently supports a staff of 65 professional and _ technical personnel, with many years of major, project experience in -the USA and elsewhere. APEC's Miami office has currently employs 16 professional and technical staff and is presently Involved in providing consulting services on major projects on South Florida, the Caribbean, South and Central America. APEC's personnel has successfully undertaken a variety of projects including significant Port Facility, Marine and Airport works, Feasibility and Financial Studies, Infrastructure and Utility Services design, Civil, Institutional, Residential, Resort and Recreational developments and have the proven capability of providing Design, Construction Documents and Construction Administration services of up to $150M in construction value. — Some related projects undertaken by APEC, together with the appropriate project references are as follows: MARINE RESERVE TRAINING CENTER - For U.S. Dept. of the Navy Location Dade County, Florida Approx. Value/Status $3,800,000/in construction Reference Lt. Dennis Newman, ROICC Naval Security Group 8'7-111J .10 MAINTENANCE FACILITY For Location Value/Status - Reference C.I. YACHT CLUB RESORT South Florida Water Management District Palm Beach County, Florida $800,000/in construction Mr. Ron York, P.E. Director of Engineering For C.I. Yacht Club Ltd. Location Cayman Islands, B.W.I. Value/Status $6,000,000/in construction Reference: Mr. Gottfried Steinkogler SAFEHAVEN'RESORT For Safehaven Resort Ltd. Location Cayman Islands, B.W.I. Value/Status $12,000,000/permitting Reference Moses Matalon BRITANNIA GOLF COURSE HOTEL, RESORT AND MARINA DEVELOPMENT For Ellesmere Cayman Ltd. Location Cayman Islands Value/Status $150,000,000/in construction Reference Hal Walker, Ellesmere Development Ltd., Canada MERRILL STEVENS YACHTS - CORPORATE FACILITIES For Merrill Stevens Drydock Co. Location Miami River Value/Status $500,000/Design stage Reference Ronald 3. Falkey - General Managee 9 7- 115 I* MAINTENANCE FACILITY For Location Value/Status Reference C.I. YACHT CLUB RESORT South Florida Water Management District Palm Beach County, Florida $800,000/in construction Mr. Ron York, P.E. Director of Engineering For C.I. Yacht Club Ltd. Location Cayman Islands, B.W.I. Value/Status $6,000,000/in construction Reference: Mr. Gottfried Steinkogler SAFEHAVEN'RESORT For Safehaven Resort Ltd. Location Cayman Islands, B.W.I. Value/Status $12,000,000/permitting Reference Moses Matalon BRITANNIA GOLF COURSE HOTEL, RESORT AND MARINA DEVELOPMENT For Ellesmere Cayman Ltd. Location Cayman Islands Value/Status $150,000,000/in construction Reference Hal Walker, Ellesmere Development Ltd., Canada MERRILL STEVENS YACHTS - CORPORATE FACILITIES For Merrill Stevens Drydock Co. Location Miami River Value/Status $500,000/Design stage Reference Ronald 3. Falkey - General Managee 87-4115 1 CRUISE LINER TERMINAL FACILITY For Government of St. Lucia Location Castries St. Lucia Value/Status $42,000,000/Completed 1996 Reference Mr. Garth Lampart ADeB Consultant Ltd. DEEP WATER PORT FACILITY For Government of Belize Location Belize City, Belize Central America Value/Status $2090009000/Completed 1980 Reference Mr. Warren Buser Parsons — Brinckerhoff Intl. PORT AND AIRPORT FACILITIES For Government of Cayman Islands Location Cayman Islands, B.W.I. — Value/Status $179300,000/Completed 1979/93/83 Reference Government of the Cayman Islands MARINA DEVELOPMENT STUDIES For Poda Marine, Tampa Barge, Peat Marwick Mitchell and Co. etc. Locations Various Value/Status Feasibility Marketing and Economic Studies References Various 9 7-lii5 4 0 APEC CONSULTANTS INCORPORATED 2780 S. W. Dou8188 Road EXPERIENCE STATEMENT Miami, Florida 33133 U.S.A. Tel: (305) 446-2732 Telex: 287878 APEC UR JOHN A. MARTIN PRESIDENT, APEC CONSULTANTS 1. DEi.PWATER_PORT FACILITY. BELIZE, CENTRAL AMERICA As part of a Joint Venture with Parsons Brinckerhoff International provided Planning and Design services including construction documents for marine Landside facilities for new Deepwater Port facility. Project value approx. $20M Financed by Caribbean Development Bank for the Government of Belize. 2. MERR•ILL STEVENS YACHTS - CORPORATE FACILITIES Planning Design Services for consolidation and expansion of Miami River facility presently under consideration for implimentation. 3. PORT FACILITY - GRAND CAYMAN As part of Joint Venture with Parsons Brinckerhoff International, Director of Planning and Design for 2 new port facilities for Government of the Cayman Islands in the islands of Grand Cayman and Cayman Brac. Project value approx. $10M. Financed by European Development Fund, and Caribbean Development Bank. 4. C.I. YACHT CLUB A major Marine and Recreation project involving '- dredging, landfill and extensive seawall construction providing full service Marina for approx. 200 boats. Currently under construction and partially financed by Daito Kogyo of Japan. Value of current construction works completed approx. $6M. 3. VARIOUS STUDIES AND REPORTS Numerius Planning, Feasibility and Marketing Studies and Reports for Recrational and Commercial Marine Facilities, Studies include. Arecutecua, Paraguay - Yachting Facility on Paraguay River Poda Marine Development - 230 Berth Marina 9 7--1115 A Port Royal Marina - Study for Peat Marwich Mitchell Shipyard Facility - Contain Port Study Britannia Resort Development - Private Docking Facilities Bulk Cement Terminal - Dominican Republic Port Improvements - South Dock Providenciales numerous other miscellaneous works. --7-1115 a APEC CONSULTANTS INCORPORATED 27W S. W. Douglas Road EXPERIENCE STATEMENT Miami, Florida 33133 U.S.A. Til: (WS) 448-2732 R I CHARD B . SOLOMON , FCS I Telex: 287678 APEC UR VICE PRESIDENT, APEC CONSULTANTS 1. Biscayne National Monument - Marina.and Shoreline improvements - Elliott Key for Department of Interior: Functioned as Project Manager/Principal-in-Charge for overall masterplan, design of 75 slip Marina, government boat dock, Visitor Contact Pavillion, Comfort Pavillion, Ranger Residences and Maintenance Facilities. 2. Punta Gorda Recreation Complex and Marina: Functioned as planning coordinator for master planning of recreation complex and upgrading of existing marina facilities. 3. Bonefish Towers Marina and Yacht Club - Marathon - Florida Keys: Asst. Project Manager for a Marina located at the site of the Bonefish T.owers condomLnl um apartment, Marathon, Florida. The project included development of docking and mooring facilities, design, and construction of seawalls and other related ' components, Since no development had taken place prior to the construction of the condominium apartments, a full permitting effort was required, including the Department of Pollution Control's Water Quality Restrictions. A unique feature of the project was the development of a subsurface irrigation system for the extensive landscaping provided. This irrigation system utilizes the effluent from the sewage treatment plant, with the result that the landscaping Is particularly lush and verdant -- even in the Florida Keys where fresh water is scarce and costly. 4. Bahia Honda State Recreation Area: Project Manager for a master plan and study of the existing marina facilities. Included in this project was a master plan of existing and proposed renovations to two large basins. Also included was the preparation of drawings and documentation for filing of all necessary state permits. It also included the design and preparation of contract documents for the recommended improvements. S. University of Miami Rosenstiel School of Marine and Atmospheric Science: Asst. Project Manager for this prestigious marine school located on the Bear Cut entrance into Biscayne Bay which was experiencing an 1 8 7-1115 extreme silting problem which made most of the existing slips unusable. Problem was to design a new facility that would meet with the University's expansion program and cope with future accretion problems. This was accomplished with the demolition of the existing pier and the design of a new 196 ft. long F-shaped pier, a salt -water intake structure for supplying the School's laboratory aquarium tank used for classroom experiments and a small boat launching crane to accommodate the School's trailer boat fleet used by staff and graduate students for their scientific Investigations. 6. Little Duck Key Marina: Asst. Project Manager for a recreational vehicle trailer park, a motel, and an enclosed marina. Permitting difficulties with the Corps of Engineers resulted in a court order to restore the site to its original condition. The firm was asked to determine what options are available to the client and to determine the environmental Impact on the surrounding area. This has been accomplished by the - preparation of a biological survey of the site, including investigations of tidal flows. 7. other experience includes involvement in preliminary planning for City of Miami Marina, Miami Beach Marina, Key Largo Anglers Club Marina Renovation, ITT Community Development Corporation Marina, and Aventura-Marina. I � _ i 8 7-1115 beach oftwdlc ww I st, cam x plant plant N 6- r % visitor can i Pavilion 7, maintenance Ifity ort p ikon Harbor SITE PLAN 1- ' � F BISCAYNE NATIONAL MONUMENT El 'JOTT KEY r� D up gmund toot contact p uppw t CONTACT & COMFORT PAVILIONS combined floor plans & elevation key w C *�- co�mtatt *10L dt BISCAYNE NATIONAL MONUMENT ELLIOTT KEY 0 V4 Vol IV iw 12) Nor: �2t1 11 im IA lb to. 71 kj' fib ELEMTIOM SM SHELTER ELEWTm FISHING PIER MEMO" PICNIC SHELTER U u--- u SECTiON A —A ELEMTKIM PIER ENTRANCE SHELTER ELEVATION GAZEBO PUNTA GOROA MA " INA Charlotte County, Florida RECREATION COMPLEX in V4 Vol COCOPLUM YACHT CLUB L7 • •• a •• • •' • r w• r r'• • a r� r r w // w w r w• I-F, r■ / r r M it �J at taro a' . . . . . . . . a tart MIN' wr0�t/tt . . . .. . . . . . . . . . . � � ttnTt • s' • r w r w w w w a w w r w w lee . w tan N;`. r • • r r r r rw•"m r • • • • • • • / r • • w • • r • r • r . n N. no n •r' BUG& wrow . "son tT,N• o b tOt)t >•' • r r s w r w a w w w • w w w w r t r r w •t' roeR r r r a • w w w r w r• • r •/ •/ • • is NATO U,4r s tan u• � « • • • • • • • • • • a a • r •/• DOCK d i • •o w t0•Tt N-•U s • . • . • • • . . . • • . • • • • • tan a1=N• • • • • . • w • • •, • M r r M r • / r • 1 • • • • �t WE DATA e e41kft,A mmilm by an V on 4 N We* r' N' Awi N van" am t_ w/ue/ no m/ tan qp all Tmr tort •M AM ft / trlcst q wan «=«' • • oo•n M=N• . • 1 EOCKADMA IIq • - o YACHT CLUB -� RESORT'. GRAND ' CAY14 AN - ;- CAYMAW ISLANDS z. ='r`1' _ T t \ - CGMJ .PARTNERSHIP/ APEC CONSULTANTS INC. P.O. BOX '654 GRAND CAY:MA'N B.W.I. 5 . . �,` • � i^ �Ee+li t�1 i �,t. � �w i'.r�ty! � �, � \ � '.S it • � `, +�i1�Y �"a"vf�� ��t►�4 /A\�r, 1. 7., ^y'�.t r 'E�'� i �� � *f, `�� a t` t ,eta w � E., " , �'t •''^l.+ir`� k t, f,{t i � ', � i ` ,.r,• _ . is .rt '_ S .•, k �- Aj It INS W1 .v+,l�f� f •:.1/i'- j.�,4�I��` t' 1i�.Q. +t :� z�{��' MtV -�A� "fS �. � J �li-�j J'+T'�f �; .• 1 i'�• � j � .,r--r�l,'�y�_, It • �..- fir. �`` ' ,Y�J!' n}44ttiT ti — t , � � ' ` h� r � _• "'.{"'•`, ` f-l� � . t�}Li �.rrvr'y :,p. ,�:� ;`' ' •y ` :7- y ".'" ,.i ...�i� � ,.. , � ., -.—.. `K S j 4 �' �T�d� �'�:�ir 'r. '• �''�f a is - •: ,�`-•_ r VTJ At IL v''`�.tJ �'.. t y � „ � r,t � %' • ^f' tit ;.. �_ � 4 a{S -� k r � �'t Fry„µ '1�+.' ,I�• ! K' f: ,+Y ,. ti'.� 1 l.-tir - ti. ' ���,�•••R �"-� �� soon ••1 - �(�'+� - `� fie,. . _ Y � . C •, r f WIN . ,1 e ` lot. t will EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT/ENGINEER PMZL OSTFNDORF L Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also,' state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER PHIL OSTFNDnRF List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: James C. Merrill Jr. Firm: Merrill Stevens Pry Dock Co., Corn, Title: Chairman of. the Board Address: 2540 N. W. llth Street, Miami Telephone: ( 305) 324-5211 Nature and magnitude of business association: . Design of. South yard Yacht Storaae/repair facilitv Reference No. 2 Name: State of Florida Firm: Dept. of Natural Resources Title: c/o Jim Aerkstresser Address: Stoneman Rldq, Tallahassee, F1. Telephone: ( 904) 488-0220 Nature and magnitude of business association: i 7 i Bah; Henda-St-at e Park M ri n a a sL,Z.Aort Launeh { t ' F 8'7-1115 PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of contractor or construction manager: Name., Ronald J. Falkey Street 15745 S.W. 77th Ct., Miami, F E. 33157 Address: Mailing ,Same Address: Telephone: (305) 235-5735 All paving, plumbing, electrical, landscaping, marine and/or any other heavy construction will be comvetive,ly bid. All other renovation to existing building will be accomplished by "in house" personnel, directed by Ronald J. Falkey, Exec. Vice President, sinner Key Boatyard Mam't Co., Inc. i -i _e -i F 87-4115 1 01 AIZ.'f'.1S:LE',i_ �Il`._1N��c�li1't21tA'1.LC�K DINNER—KKI- OAZYARIL MANAQEMENT�QMPANY We, the undersigned, hereby associate ourselves together for the purpose of becoming a corporation under the laws of the State of. Florida, by and under the provisions of the statutes of the State of Florida providing for the formation, rights, privileges, immunities and liabilities of corporations. ARTJVLE,L= NAUX The corporation formed hereby shall use the name. DINNER KEY BOAT YARD MANAGEMENT COMPANY. A_RTICTS IT - COMMEAM&M-AND DURATIOC. The corporation shall commence upon the filing of these Articles of: Incorporation and shall continue perpetually unless dissolved or liquidated according to the by-laws of the corporation. The corporation shall engage in marina and boat yard management, and other marine -related services. The corporation L may also engage in any other activity permitted under the laws of 1 8 7--1115 10 F Florida and the United of Ameri�_-.i. ART.I.GLE_I.V TC2CK Total number of shares of capital stock authorized to be issued by the corporation small be 1000 (One Thousand) shares having a par value of $1.00 (One Dollar) per share. 'Shares shall be of one class only, with shareholders entitled to one vote for each share held at the time of any meeting of the shareholders. The capital stock may be paid for by property, labor or services, at a just valuation to be fixed by the incorporators, or by the directors at a meeting called for such purpose or at the organizational meeting. The corporation and the officers are to be considered as eligible for the conditions under section 1244 of the internal revenue code. The corporation shall not have more than three directors. ARTICLEV --FRUMI'TI3t._BS= The shareholders of the corporation shall have the preemptive right to subscribe for purchase of their proportionate share of any additional stock issued by the corporation from and sifter issuance of the sharps originally subscribed for by the shareholders of this corporation, whether such additional shares be issued for cash, property, services or other considerations, and whether or not such shares be presently authorized or be authorized by subsequent amendment to these Articles of 2 tom'-iii5 [ticorpo.rat.ion. Creempt.3.ve rights a:t t.() the transfer of shares by `- s'A"Oholtiers may be stated in the by-laws of the corporation. ART.iVLL;_ �.I�_1tEG ZSTGBED�CL'.LCE�3IZ i� EBEILA ENI The initial registered agent and registered office of the corporation shall be: 'Thomas & Haab, P. A. Suite 2-C _ 2700 S.W. Third Avenue Miami, Florida 33129 Having been named as registered agent for the corporation herein, I hereby accept this designation: By J0-H H. THOMAS, far the fir ARTILLE_.ML-- &QAHD OF DIRE.GTM The initial board of directors shall consist of three persons: RONALD J. FALKEY rt,ARA KEYES HARDIN DR. MARVIN DUNN ABT.I-CLE-�LLI L..=IN_QQRF.4RATDJM The initial incorporator of the corporation shall consist of three persons: RONALD J. FALKEY CLARA KEYES HARDIN DR. MARVIN DUNN 3 �%•"111J il These Articles of Incorporation are hereby executed by the undersigned iticorporators on this _'���day 1987. STATE OF FLORIDA 0f ) SS courrY of DADE ) BEFORE ME, a notary ptiblic authorized to take aC,knowledgements in the state and county set forth above, personally appeared RONALD J. F'ALKEY, CLARA KEYES HARDIN and DR. MARVIN DUNN, well-kn,-jwn to me, and who acknowledged before me that the foregoing Articles of [nt-lor.Foration were duly signed and exe,?ttted .Evr the purposes therein stated. I have hereunto set my hand and affix my official seal in Dade Colunty, H loridn, on this day of % 1f ;�'I;1 1987. State of Florida 4. MY. COMMISSION fX I ES'MAY 11 1911 AONM JNRU bM RAL I 1ILANd tt-o 87--ii15 DEQ'U GNAT.I_0 . AND.. t1t;jUEPTANCG ._u . t, 1i1+;1{1S'1'1l;131a1!..tll'E'.li !•,..ANll...REGIS TEI3GD_AGEN:}'. DINNER KNY BOAT YARD MANAGIEMI,NT (:UMPANY, being incorporated as a Florida ^orporation, does hereby designate the fc-)llowing registereJ agent and registered office, who does accept such designah.ion under the taws of the State of Florida. The Registered Agent and Registered Office shall be as follows: 'Thomas & Raab, P. A. 51I.f to 2-r 2700 S.W. Third Avenues Miami, Florida 33129 Signed at Miami, Cade County, 1! Inr ida on this __. day of �, 1987. •_ r _ /By: -�41 �11 TH0MAS, f_m 5. 97- 10 C rv,%'IFICATE OF LIMITED PARTNr.OIIP DINNER KEY BOATYARD LIMITED PARTNERSHIP LIMITED PARTNERSHIP AGREEMENT This Agreement, made and entered into as of 20 April 1987, by and among Dinner Key Boatyard Management Company, a Florida corporation (hereinafter referred to as the "General Partner") and various Limited Partners, whose names and addresses are set forth on the signatory pages attached hereto as Schedule A (hereinafter all of whom together are collectively referred to as the "Partners"). WITNESSETH: Whereas the parties hereto desire to form a Limited Partnership (hereinafter referred to as the "Partnership"), under the laws of the State of Florida, for the term and upon the conditions hereinafter set forth; Now, therefore, in consideration of the material covenants hereinafter contained, it is agreed by and among the parties as follows: ARTICLE I - BASIC STRUCTURE Form. The parties hereby form a Limited Partnership pursuant to the laws of the State of Florida. The General - �, Partner shall manage the business of the Partners -hip -and -the Limited Partners shall not participate in the management of the - Partnership business. _ Name. The business of the Partnership shall be conducted under tfie name DINNER KEY BOATYARD•LIMITED PARTNERSHIP and may also do business under the duly registered fictitious name DINNER KEY BOATYARD. Partners. The names and addresses of the Partners are shown in the signatory pages attached hereto as Schedule A. Place of Business. The principal office and place of business of the Partnership shall be located at 2640 S. Bayshore Drive, Miami, Florida 33133 or such other place as the General Partner may from time to time designate. Term. The Partnership shall commence on 20 April 1987 and shall continue for 50 (fifty) years , unless earlier terminated in the following manner: a) By completion of the purpose intended, or b) Pursuant to this Agreement, or - c) By applicable Florida law, or d) By bankruptcy or dissolution of the General Partner. Pur ose.. The purpose for which the Partnership is organized is to ease-and/.or manage boatyard and marina facilities, or to 9'7-111J IV 2 conduct any other marine -related activities. ARTICLE II - FINANCIAL ARRANGEMENTS Contributions of Partners. Each Partner has contributed or will contribute to the initial -capital of the Partnership property in the initial amount and form indicated on the Letter of Intent, a sample copy of which is attached as Schedule B hereto. The General Partner shall contribute in services rather than a cash contribution. Each Limited Partner has further agreed to provide collateral suitable to Southeast Bank and sufficient in the judgement of the Southeast Bank to guarantee 1/30th of a revolving loan by Southeast Bank to the Partnership, as further outlined in the Letter of Intent, a sample copy of which is attached as Schedule B hereto. If, at any time during the existence of the Partnership, it shall become necessary to increase the capital with which the Partnership is doing business, then upon direction of the General Partner, each Partner shall contribute to the capital of the Partnership within ten days notice of such need in proportion to his percentage of the total shares of limited partners issued. - Payment of Profits and Repayment of Capital.-- Payment of- `' profits and repayment of capital shall -be made upon direction of the General Partner, and at their sole discretion. Revenues may be retained for the benefit of the Partnership to the extent necessary for reasonable operating expenses, including salaries, and a reasonable reserve operating account, as determined by the General Partner. Any distribution shall be made to all Partners simultaneously. The percentage of profits shall be distributed as follows: ® 75% to the Limited Partners, in proportion to each limited partner's percentage of the total shares of limited partners issued. 25% to the General Partner. No Partner shall have the right to demand the return of his capital except as herein provided. The Limited Partners shall have no right of priority one over another, except that the Limited Partners shall have priority over the General Partner as to return of capital. ARTICLE III - MANAGEMENT Voting. The General Partner is a Florida corporation and shall vote for its officers and directors according to its by- laws. The management and conduct of business by the Partnership _ shall be under the supervision and control of the officers of the corporation, with general overview by the directors of the 87-iii5 00 corporation. the opinions of operation, alone. 3 The General Partner of one or more of the but the decisions of may, from time to time, ask for Limited Partners as to issues the General Partner are theirs Chan a of Limited Partners Shareholders Officers and Directors. The total number of shares of Limited Partners may not exceed thirty shares (each share at 2.5% of the total Partnership). Within that limitation, the actual number of shares sold or repurchased by the Partnership is entirely within the discretion of the General Partner. The change of shareholders, officers and directors of the General Partner corporation is subject to the Articles of Incorporation and by- laws of that corporation. Accounting. The General Partner shall cause the books and accounts o t e Partnership to be reviewed periodically by a — Certified Public Accountant. All books and accounts shall be kept consistent with'generally accepted accounting practices and shall be available for review upon request by any Partner, or his designated representative. A financial statement, setting forth the financial position of the Partnership, shall be prepared — within forty-five (45) days of the end of each fiscal year and mailed to each Partner. Indemnification. The Partnership shall indemnify any person who is made, or threatened to be made, a party --to any action, claim, suit or proceeding (whether civil, criminal or investigative) by reason that he, his testator or intestate is or was a Partner or officer, director, shareholder (of the General Partner corporation), or employee, agent or authorized ® representative of the Partnership, or served or serves any other enterpris6 at the request of the Partnership, to the full extent permitted by law. ARTICLE IV - DISSOLUTION In the event that the Partnership shall hereafter be dissolved for any reason whatsoever, a full and general account of its assets, liabilities and transactions shall be taken at once. Such assets may be sold and turned into cash as soon as _ possible and all debts and other amounts due the Partnership collected. The proceeds thereof shall be thereupon applied as follows:. First, to discharge the debts and liabilities of the _ Partnership and the expenses of liquidation. Second, to pay any unpaid salaries, or unpaid interest, or profits, or return of capital to which any Partner, officer, director, shareholder or employee may be entitled. 87-1115 �r 4 Third, to divide the surplus, if any, among the Limited Partners and the General Partner, according to their proportionate interest in the Partnership. ARTICLE V - MISCELLANEOUS Execution in Counterpart. This Partnership Agreement may be executed in any number -of counterparts, each of which shall be taken to be an original. Valid execution shall be taken to have occurred when a Partnership signature page is executed by the Partner in question and countersigned by an agent of the General Partner, Notice. Any and all notices provided for herein shall be given n ­wr ting addressed to the last address known to the sender or delivered to the recipient in person. Modification. No modification of this Agreement shall be valid unless such modification is in writing and signed by the parties hereto. Agreement Binding. This Agreement shall be binding upon the parties hereto and upon their heirs, executors, administrators, ssuccpsssors or. assigns. and the parties hereto agree for themselves and their heirs, executors, administrators.,. successors and assigns to execute any and all instruments in writing which are or may become necessary or proper to carry out the purpose and intent of this Agreement. Severability. In the event any parts of this Agreement are ® found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void parts were deleted. Florida Law. This Agreement shall be subject to and governed by the laws of the State of Florida. Any legal action hereunder shall take place only in Dade County, Florida. IN WITNESS WHEREOF, the General Partner and Limited Partners have set their hands and seals as set forth on the following signatory pages. 8 7-iii5 I 5 SCHEDULE A DINNER KEY BOATYARD LIMITED PARTNERSHIP SIGNATORY PAGES The following parties hereby agree and join together, under the laws of the State of Florida, and upon the terms and conditions set forth in the foregoing Limited Partnership Agreement, to be known as Dinner Key Boatyard Limited Partnership: GENERAL PARTNER: Dinner Key Boatyard Management Company (a Florida Corporation) ), 4j By / RONALD J. F1 Executive Vdce-Presid t Address: 2640 S. Bayshore Drive Miami, Florida 33133 LIMITED PARTNERS: 1. Clara Keyes Hardin Residence Address: 230 Ridgewood Drive Miami, Florida 33133 D t�1�L17 L1 10 (Ten) SHARES 1 (One) SHARE $25,000. cash ,` / i L .. 4,44 /1' Signature Before me, the u /ersigned authority, appeared RONALD J. FALKEY and CLARA KEYES HARDIN, who, being known to me, did swear that the statements made herein are true and that it is their intention to enter into a Limited Partnership as stated herein, at Miami, Dade County, Florida, on this ZD day of April 1987. NOTARY F, BLIC - " / 1 n0TARY 0U.1LIC ST. r ni FLb- t' A MY COMM 1551ON EXPIWS MAY 18 1987 — dOF10ED TINGENErlAL INSURANCE Utvt! 87...1115 Y SCIT IDULE 1 er Key Boatyard COMPANY. INC. LETTER OF INTENT Dr. Marvin Dunn, President, and Mr. Ron Falkey, Executive Vice President, DINNER KEY BOATYARD MANAGEMENT COMPANY, INC., general partner of the DINNER KEY BOATYARD, LTD. I am aware that the DINNER KEY BOATYARD MANAGEMENT COMPANY, Inc., is a newly ed Florida corporation, created for the purpose of being general partner of a y-formed Limited Partnership, DINNER KEY BOATYARD, LTD. The above -named entities are formed for the purpose of offering a proposal to CITY OF MIAMI to lease tl)e property at 2640 South Bayshore Dr. Miami, Florida, ch property will be devoted to a full -service boatyard and marina, and ancillery rations as set forth in the Request For Proposal and its response by the PROPOS- . The lease on the property as defined in this paragraph may hereinafter be erred to as "the lease." I am aware that there is no assurance that the DINNER KEY BOATYARD MANAGMMENT PUNY, and the DINNER KEY BOATYARD, LTD. (which entities hereinafter may be erred to jointly or severally as 111E PROPOSER) will be successful iri-obtaining. lease from the City of Miami. To the contrary, I am aware that obtaining the se may be difficult or impossible. Further, I am aware that (a) should the DINNER KEY BOATYARD, LTD., be the =-cessful bidder, there is no assurance that the proposed boatyard's financial ults will be as the PROPOSERS project; (b) that any projections created with assistance of SOUTHEAST BANK are wholly based on information supplied by the —)POSER, and while believed correct and/or valid by the PROPOSER, are in no way -ranteed by SOLMIEAST BANK or THE PROPOSERS. I understand that in this letter, _e Bank" refers to Southeast Bank, NA. If for any reason whatsoever the PROPOSERS are rejected by the City or other- = e fail to obtain the lease, any obligations which may arise from this letter null and void. Further, the PROPOSERS may withdraw the proposal for any -son they consider good and sufficient, with no liability attached to said - ion. My obligations based on this letter of intent are wholly conditional on the •— ht of myself or representatives named by me to inspect, evaluate and agree to final contract between the PROPOSERS and the CITY OF MIAMI, and to inspect business plan• submitted by the PROPOSERS to the CITY and to SOUTHEAST BANK. obligations are further conditioned on my inspection of and agreement with icles in the Certificate of Limited Partnership, governing the actions of the —feral partner. I am aware that each limited partnership share will represent 2.5% of the °al partnership; further, that it is the intent, but not the obligation of the I z e r r n s 87-. 115 DEVELOPER: Coconut Grove Seaport Ltd., Inc. 1150 NW 72 Avenue Suite 35OG Miami, FL 33126 April 20, 1987 Answer to request for unified development proposai.:s for 2640 South Bayshore Drive, Miami, FL 97-1115 i* - Contents Evaluation Criterior ' Section 1 Experience of the Proposer Section 2 Capability of the Development Team Section 3 Financial Capability, Level of Financial Commitment Section 4 FinancialReturn to the City Section 5 Overall Project Design Section 6 Extent of Minority Participation Declaration Appendix A' Proposer Disclosure, Professional Information, and Experience Appendix B Architectural Information Appendix C Construction Management Information Appendix D Sublease Tenants — Appendix E Insurance Requirements Appendix F Market Analysis ® Appendix G Review Letter 0 v Appendix H Partnership Statement Appendix I Management i Evaluation Criterior Section 1, Experience of the proposer 97-1115 my , Evaluation Criterior 1, Experience of the proposer The Coconut Grove Seaport will be developed by a partnership with 2 local investors and 2 local companies who will own 100% interest in the project: CSR/Chisolm/Santos/Raimundez Architects, Tom Smith artist, R.F. McElroy and Company Construction Manager and Frank Batista Minority Consultant. The terms of the agreement between the local investors and Coconut Grove Seaport are set forth in the agreement's to commission which is included in this proposal. The agreement provides the investors to assume in the ownership, the investment risk, and rewards related to the project. Marine Related Experience The project Architect CSR of Miami, Fla a very successful, Architectural Firm located in Coral Gables, Florida as one of their credit is the Port Facility located in Puerto Cabello, Venezuela. This facility was designed to handle ships of 300,000 DWT also located in this facility is a Dry Dock area and a ship maintenance facility. Vertical Marine Storage, Inc. Mr. Arthur Harrington of 5355 Twon Center Road Suite 805 Boca Raton, Florida 33432 has been the Marine Consultant on the storage system this is a most unique system that Mr. Harrington and associates have invented for marine stack storage. (Confidentiality and Proprietary Information Agreement attached) Experience in the operation and management of marina and boat yard facilities refer to Marine Operator Appendix "D", (sublease) tenant. _ Also included in this proposal is a letter from the Greater Miami Marine Association upon reviewing the proposal Appendix G. — l - l 9 7-4115 CONFIDENTIALITY AND PROPRIETARY INFORMATION AIUKttMLNI 1 i"b This will acknowledge that on the date shown below that I have received from the Vertical Marine Storage, Inc. ("VMS"), Boca Raton, Florida, certain confidential and proprietary information relating to the affairs of the company. 1. The undersigned agrees that the information received is proprietary and the property of VMS. The undersigned acknowledges and agrees to hold all confidential, proprietary information, or trade secrets ("information") in trust and confidence and specifically agrees that it shall be used only for the contemplated purpose, which purpose shall be specifically defined between the undersigned and VMS. The undersigned agrees that the information shall not be used for any other purpose or disclosed to any third party. 2. The undersigned agrees that no copies will be made of the infor- mation without the express written consent of VMS, and, at the request of the company, no written information that was supplied by the company will be retained in any fashion. 3. At the request of the company, all information will be returned to the company in Boca Raton, Florida. - 4. The undersigned represents to the Vertical Marine Storage, Inc., that if he or she is signing on behalf of a corporation, then he or she is duly authorized and empowered by the corporate charter, by-laws, and/or directors to enter into this agreement. Furthermore, the undersigned. agrees to honor the terms of this agreement individually as well as it his or her official capacity. - Vertical Marine Storage, Inc. Date: April 15, 1987 R. F. McElroy & Company (Type name ofirm) By: Raymond McElroy (Print name and tit =e signature Date: �� a 1-2 die ele, 4* eG4a .f 8'7-1115 Evaluation Criterior Section L. Experience of the Development Team 877-4115 Evaluation Criterior 2. Experience of the Development Team Section 2• of the proposal presents the experience of the Coconut Grove Seaport Development team. Principal member of this team include the architectual firm of CSR Chisholm/Santos/Raimundez/ Architects a Miami based firm. CSR is presently completing the Florentino Plaza Shopping Mall on Main Hwy and Fuller St. in Coconut Grove, F1. CSR has worked extensively in the Miami area and, together with the local partners, have a great understanding as to the design and market of the Coconut Grove area with great emphasis on the Marine importance of this property. (Refer to resume Appendix "A") Frank Batista, Management Consultant to a number of distinguished clients, such as the University of Miami,TRW and Valle-Axelberd Psychological Consultants. Mr. Batista has extensive expea.-ience in minority employment and also hosted a weekly television program entit'led employment highlighting employment and training opportunties for minorities in the community. (Refer to resume Appendix "A") Finaly leading our team is Raymond McElroy, President of R.F.M. Construction Inc. Mr. McElroy is a State Certified -General Contractor, with a client list of some of the most respected companies in the world. Volkswagon Interamerica S.A., Boeing — Aircraft, World Courier and MTD Universal Inc., etc. (Refer to =_ resume Appendix "A"). The total combined experience of the development team in unmatched with respect to the Miami Area. *Experience in design of retail and marine related facilities. *Experience in meeting the unique challenges of operating a retail facility and a marine faculity. *Experience in reviewing a broad range of minority programs. *Experience as individual businessmen in providing, financing and operating local businesses. - This broad range of experience in each of our individual fields could only lead the way to a successful project. 2-1 8 7--1115 Development Schedule 1987 July 9 - Selection as developer by the City of Miami. Sept 1 - Complete conceptual design with city commence leasing, Oct. 1 - Submit draft of General Contract/Lease to City. Oct. 15- Obtain preliminary cost estimate. Nov. 1 - Review Drawing/leasing Nov. 15- Complete design development. Nov. 30- Refine Financing consideration Dec. 15- Finalize General Contract/Lease with City. 1988 Jan. 5 - Commence design development. Jan. 20- Finalize General Contract/Lease with City. Commence operating site (Marina -Boat Facility) Commence working drawing. Feb. 15- Review working drawing with the city. Feb. 28- Complete working Drawings.— March 15-Finalize permanent financing. April.15-Construction starts 11/mo construction period. 1989 March 20-Grand Opening 2-3 87-1115 Included with this proposal as "Appendix A" is the Proposer's Financial Disclosure and Professional Information required by the request for proposal. Included with this proposal as Appendix "A" is the proposer's resumes and credit list4 client list. Organizational Chart '.ontractor Manager Contractor Dock Public ecret Master elation 3taff Staff Firm i 'ontracto _ Security Contractor+ Partners/ Developers Contract Bookeeper Staff ngineer taff Miniority Consultant, Contractor I Janitorial Note 1. Contractor' to be chosen a a later date. General Contractor Contractor Contractor 2. Property Manager - will more than likely tie into leasing agent's contract. The project is too small for a full time property manager the Engineer, could also participate in the duties of the property manager. Included with this proposal is a letter from Westland Insurance Agency indicating the ability to obtain required insurance for the Coconut Grove Seaport project. Appendix E Also included with this proposal is the City of Miami master plans market analysis, ect. which will support, the proposed development program and income projections. Appendix F 2-2 8'7-1115 Evaluation Criterior Section 3. Financial Capability, level of Financial commitment• Evaluation Criterior 3. Financial Ca-1-ability, level of Financial commitment Prior to being selected as developer of Coconut Grove Seaport, it is not productive to hold specific negotiations with Financial Institutions it is possible at this time, however, to describe the various alternatives open to Coconut Grove Seaport in terms of Tfiethods of financing and sources of capital. One method of financing the project would be by way of a joint Venture participating mortgage with a pension fund such as the t:arpenter unions the next meeting of the board of trustees is :n May and at that we will bring this project up fordis.:ussion. Second Method of financing the project would be by way of equity participamtiort by Limited "Partners. These equity. dollars would be a z•referential return at 9% and then a 50-50 split would take F?.^ce uvon dale of refinancing and the balance would be by w of a mortgage by i Financial Institution or Insurance company. Third method of financing would be the Urban Development Action Grant (UDAG) we understand in the letter from John Gilchrist office Date April 2, 1987 that the RFP did not make provisions for this fund. Although there are no provision in the RFP this grant must be projected into the future, We feel this grant could be the corner stone of the project. And this door should be open to whomever is awarded this project as a source of financing. Determination as to the type of financing which should be pursued is very -much a function of the condition of the financial market at the time. Financing is to be obtained. Traditional method of financing are no longer the method used today such as tax advantages method. We feel creative financing is the answer and this can only be accomplished by a successful marketing approach and a strong proforma statement. Proforma statement ,attached. 3-1 87--iii5 I. Pro Forma Analysis Marine Operation Storage: _ 1. Description: A. Site Lease: + 6.36 Acres B. Site Improvement 225,526.36 sq. ft.. C. Seawall: New 160 lin/ ft./Repair D. Dry Storage: 200 Boats (Open Court Yard) E. Marine Lift: Piers, 80 lin. ft. F. Boat Storage: Handler G. Marine Facilities: Water Edge 3,000 sq. ft. H. Market Place 33,051.24 I. Dock Master 450 sq. ft. J. Fuel Building 300 sq. ft. K. Water Taxi Building 450 sq. ft. L. Water Taxi Floating Dock M. Berthing 72 slips 3-2 9 7-1115 II. Constructic. Cost: 1. Construction Cost: A. Marine Building 14,502 sq. ft. 464,070 @ 32 sq. ft B. Site Improvement 225,526.36 789,342 @ 3.50 sq. ft. C. 1 Seawall 160 lin. ft. X $700/lin. ft. 112,000 2 Seawall Repair 150,000 D. Dry Storage 200 boats 900,000 4,500/boat E. Marine Lift Piers 80 lin. ft. X $700/lin.ft. 56,000 F. Marine Sales Office 750 sq. ft. 48,750 @65 sq. ft. G. Marine Facilities (Water Edge) 195,000 Locker Room, Office, Etc. 3,000• sq. ft. @ 65 sq. ft. H. Market Place 33,051. 1,533,408 SF Gross @47/sq. ft. I. Dock Master 450 sq. ft. 20,250 = J. Fuel Building 300 sq. ft. 19,500 K. Water Taxi -Building 450 sq./45q ft. 20,250 L. Water Taxi Floating Dock 100LF @200 LF 20,000 — M. Berthing 600 LF @ 20OLF 20 slips 120,000 N. Parking 35,000 Subtotal 4,483,570 2. Tenants Improvements — Retail & Restaurant 20,000 sq. ft. @9.00/sq. ft. 180,000 Subtotal 4,663,570 3. Soft Cost: (Including Professional Fees. Other Costs, and Contingencies) 1.165,892 @ 25% of construction cost Total Construction Cost 5,829,462 3-3 8 7--1115 4. Annual Debt on Construction Loan: 9k % 21 years Monthly and Yearly Payment: Monthly: Yearly: III. Site Cost/Annual Dept. A. Site Cost b . Annual Deb t . Total Debt. Service 3- 4 53,481 641,772 350,000 641,772 991,772. 8'7-1115 IV. Gross -Income 1. Rental A. Retail 20,000 gross sq. £t. 38 sq. ft. B. Berthing 72 slips @ 2,400/slip annual C. Water Tax: D. Vendors and Specialty Events E. Parking 100 X 350 per yr. (to service marine operation) F. Gas G. Marine/Storage 200 spaces covered dry storage Total Gross Income 2. Vacancy Rate Rental 10% Berthing 2% 760,000 172,800 NA NA 35,000 NA 600,000 1,567,800 79,456 Effective Gross Income 1;488,344 3. Operating Expenses Includes Management and Administration, Maintenance, Insurance, taxes and miscellaneous expenses. $5.00 sq. ft. for Rental and 20% for berthing Storage 2% + Handler 85,000/yr. lease Net Operating Expenses V. Net Cash Flow 1. Annual Net Income 2. Less Debt Service - Annual Cash Flow 3- 100,000 34,560 88,456 223,016 1,265,328 991,772 273,556 87-1115 8'7--1115 Evaluation Criterior 4. Financial return to the city It is estimated -that the Coconut.Grove Seaport Project will cost approximately $5.9 million. This figure includes the cost of the Marine Operation 2 million and the renovation of the market place 1.5 million. This figure also includes site improvement of $789 thousand. i Financial business plan is set fort in this section and includes the following major elements: * A subordinated lease of the Coconut Grove Seaport property from the city for a period of 25 years. Two alternative rent arrangements are offered, the city's choice to depend upon its performance. For a substantial base rent with a more modest percentage rent, or for a very substantial — percentage rent with a modest base rent: Alternative A 1 year 200,000 2-21 years 200,000 + 35% cash flow *1 + 1c gal gasoline *2 12=25 200,000 + 50% cash flow - + 1C/gal gasoline Note *1 35% cash flow would be on 16,000 sq. ft. in the market place building 4,000 sq. ft. designated to boat sales and ship store would not fall under the 35% cash flow factor. *2 Terms on 21-25 yr are left open for discussion/we feel these lease terms must be discussed and finalized before signing a final general lease. * Lease would not start until Jan. 20, 1988. �li�ative B Year 1 200,000' �= Year 2-21 350,000 + 15% cash flow *1 + lc/gal gasoline *2 Year 22.- 25 350,000 + 25% cash flow + 1C/gal gasoline. 4-1 8 7-1115 Note: *1 15% cash flow would be on 16,000 sq. ft. in the market place building 4,000 sq. ft designated to boat sales and ship store would not fall under the 15% cash flow factor. *2 Termson 21-25 yr are left open for discussion/ we feel these lease terms must be discussed and finalized before signing a final general lease. *3 Lease would not start until Jan. 20, 1988 8 7-1115 Evaluation Criterior Section 5, Overall Project design ft 97-A 1615 Description: A. Site Lease: + 6.36 Acres B. Site Improvement 225,526.36 C. Seawall: New 160 lin/ ft./Repair D. Dry Storage: 200 Boats (Open Court Yard) E. Marine Lift: Piers, 80 lin. ft. F. Boat Storage: Handler G. Marine Facilities: Water Edge 3,000 sq. ft. H. Market Place 33,051.24 I. Dock Master 450 sq.-ft. J. Fuel Building.300 sq. ft. K. Water Taxi Building 450 sq. ft. L. Water Taxi Floating Dock ►i. Berthing 72 slips 5-2 87-1115 �►�� psi!%- t� it 1,41 /J Al ti i1�1- Pia i 'TYZ4a Mar rota Ope r a t i.can 9 7-4115 Alternative A Marine Storage — The Marine Storage is the heart of our project in designing the Coconut Grove Seaport. We looked for a system that would answer the question that has been asked for so many years to be able to continue the bay walk from Dinner Key Marina to Monty Trainer. We feel we have answered this question. Working with some of Florida finest designers of Marine Facilities CSR Architectural Firm and Vertical Marine Storage Inc and R.F. McElroy & Company have answered this question. A vertical stack storage system with closed sides and covering 160 boats and 40 boats will be left open on the top of the stack. This configuration of the stack storage will represent an open court yard on the inside, and will be serviced by a tower crain (handle) lifting up to 19,000 lb. (see prcforma anaylsis). The request for unified development proposal state in - charter and related laws subpt. A Sec 3 (4) same building and zone. That no setback are needed at the water edge — "or to public and private facilities on city -owned properties". As a result, we would be able to bring the stack storage - system to the water edge providing a protective canopy in which - pedestrian may utilize the bay walk, and not be disturbed. Also included in this system would be a marine lift, Alternative B Marine Storage Court Yard effect with Marine Lift as illustraded in our marine operation summary, this lift would roll out over two piers on the water edge, this lift would interfere with the pedestrian traffic on the bay walk, but by using a barricade type system (similar to railroad crossing) we could control the pedestrian traffic the basic design of the courtyard will be similar to Alternative A. 8'7-i1.i5 f t C BOAT STACKING a l ST - STORAGE INC. �Ilm m�wl n VEFMCAL MARINE BOAT STACKING UEV= RAGE INC, to ,.,., M ArIec-� t F�1s_a.cra - 0, . A 20,000 sq. ft. retail operation with a marine related them which will compllment'the adjacent marine facility. The Marine Market Place shall be highlighted with a Seafood Restaurant, a mixed use theme of Raw Bar an Retail Display's of Fresh Fish.. Also. leading the way on our retail list is Fresh Food Market Place which will consist of a various array of food to provide our boating community a place to grocery shop by the water edge. Finally, leading the way will be an array of specialty shops an yacht broakerage outlets. TYige Wm tra r T'a x i On" r a t _Lori C • If the Water Taxi System is implemented by the city or Bayside Center the Coconut Grove Seaport will have provision for a stop. 5-7 8 7-1115 E3 Q r t l-i J- m e A r m rx U . Presontly provk-les bt;t thing lvt E+l boats a fuel dock and a clock master building. condideration is being given to Increase the bi:r tl-ring to *12 s1.ips. 5-5 8 7-1115 Panting ArQa. E . Sufficent to meet the needs of shoppers and the boating public with a beautful tropical surroundings. I3av Wa1I4.. DESIGN GUIDELINES The Bay/Raver Walk has five distinct zones: • • �ravtst-hon t'a�''�� - secUrtc I I 31t {i'- G -Per✓at'a- clavW00v Ai- 6 culatic m. �- IZ zo -o w�a� , wvri1wwW,- ^_ I i F . A maJor improvement for the public to have access to the waterfront. The Bay Walk will extendd from the Dinner Key Marina to Monty Trainer' Restaurant. — VA - Evaluation Criterior Section 6. Minority Participation 87-1115 Evaluation Crite:� &,•Minority Participation In the development and operation of the Coconut Grove Seaport, we are setting specific goals, in order to represent our community'sethnic mix. We are making every effort possible in order to involve minorities, in every aspect of this project. The strength of Miami development is based on its minority community for the past 1/4 century, The Coconut Grove Seaport will depend on the patronage of all the minority sector's as well as the non minorities. This balance must be achieved and can only be achieved by enhancing minority participation. Proposed Coconut Grove Seaport Minority Participation Program. The commitments for minority participation are: *Substantial minority equity participation through local partners who will, in fact share in the- pro j ect' s risk and rewards. *Commitments to professional service contracts in the planning and design of the project. *Commitment to minority contractor partici- pation during project construction. *Commitment to substantial minority owner- ship of businesses to be leased space at Coconut Grove Seaport. _ (A) Minority Equity Participation This proposal includes local minority owners. Twenty one percent of the project will be owned by minority groups consisting of CSR/60% minority owned hispanic & Mr. Frank Batista, Hispanic. These partners have all participated in this proposal as equity partners in order to present this proposal to the city, the partnership agreement included with the proposer's Financial Discloser and Professional information submitted. 8 7--1115 0 `2) 0 Each member of the group has shared in the cost of presenting this RFP to the city and all will share in any equity or operation loss. These partners will participate in all plans of design, development promoting and operating this facility. (B) Professional Service Contracts: Provided by this proposal is a commitment to provide minority professional service: *C/S/R - Chisholm/Santo /Raimurdez of Coral Gables have been retained as the Architectural Firm through out the project. They are not only 60% minority owned but there work force is 80% minority. Also under C/S/R contract is All. Professional Design Services. *Mr. -Frank Batistia, has been retained to consult in minority participation. (C) Construction Contracts: We are setting standard as to the construction contract _ awarded of 35% to local minority based firms, this will include subcontracts and their general labor force. The following efforts will be sought after to participate during construction: Establish a procedure whereby the General Contractor may award contract to minority firms if the minority contract is not the low bid. _ *Encourage the purchase of materials supplies and equipment from minority owned business. *To set up a minority event calendar so that the city may review the minority r:ontractors that are participating in the construction 8 7-1115 (D) Employment: This proposal will set standards to our proposed tenants - to impliment a 50% of the tenant employment opening to be filled = by minorities. We realize that we can not require these quota but we can lend support through our Minority Consultant. *A Minority Consulting Service will be set up through the property management division. As to advise tenants and subcontractors as to the right to special programs offered to employees and employers. *All tenants will be encourage to inform property management of their employees minority relationship. *To provide at least -50`/, of the prime space for minority — tenants, therefore the minority location will gain the benefit of traffic. - *Assist, proposed tenant as to financing, through our relation with financial institutions. *Provide assistance throught design and store layout.for the greatest possible return. *Inform and assist our minority tenants of local programs provided in the community as to job placement and funding through our property management division. Marine Operator Minority (Refer to Sublease D.) 9 7-1115 DECLARTION APPENDIX A -I s 7-iii5 i i VII. DECLARATION Cesar H. Odio City Manager City of Miami, Florida Submitted April 20, 1987 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 instruction 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. r Sig a ure Raymond McElroy President (Title) Coconut Grove Seaport Ltd., Inc. Name of Firm, Individual, or Corporation Signature (Title) 29 A°7-iii5 Appendix A Proposer Disclosure, Professional Information, and Experience i 3 it i f i �i i ' _ Developer Coconut Grove Seaport LTD., Inc. 1150 N.W. 72nd Ave., Suite 350 G Agreement to, Commission: CSR/Chisholm, Santos, Raimundez 265 Aragon Avenue, Suite F Coral Gables, FL 33134 The Project Coconut Grove Seaport, commonly known as "Merrill Stevens." Located at 2640 South Bayshore Drive, Miami, Florida. Date of Agreement March 31 1987 1. Service of the Architect Pre Bid: A. Complete set of drawings as to project the visual layout and elevations of the site and building and a set of illustrated leasing drawings on backing - (this does not include the oil rendering for presentation). B. Must fulfill the standard practice of drawing used in presentations to the City. 2. Service of the Architect after Bid and Project is awarded: A. Complete set of working drawings including engineering, electrical, mechanical, structural, etc., architectural landscape, space buildout plans, and all plans to be completed by specifications in addition to -any other professional work needed to construct or promote the project. 3. The Architect and/or his engineer will provide field inspections in every aspect of construction and will provide inspections when necessary for banking institution. 1 A� 4. Comrensation to the: QSN.4 Arrhj tarp+ Consideration of the service provided, the developer agrees to compensate the Arnh;tent with a T; Z partnership in the Coconut Grove Seaport Ltd., Inc. incorporated in the State of Florida on March 2, 1987 an assigned document number J59 755. Also a Ito Architicual fee on all hard Construction cost, after the project is awarded. 5. Guprantee of Satisfaction: the Architect guarantees that th work shall fully satisfy the expectations of the Developer. If the Developer is not fully satisfied with the bid package, he may use another Architect and therefore, there will be no obligation on the part of the developer. 6. Cancellation of the Agreement: if at any time during the course of the agreement, the Architect is unable to perform the work required stated, this agreement may be cancelled. 7. Use in Promotion: The Developer acknowledges that the Architect shall retain the right to use rlr'Y U1':1\'i111�:u._...___ �f c•. in the promotion of hi n own I•tl!: I tlr•t�!i, Irlll 111 tlii t �• I.11 I iill •11 �• 1 111`�' I it Iri` tl!li•il tllil I • r•Ilrl I r•1 1 ••Ir oil fill- i l l •r •�I (l l .iml I1. 1 I 1 111 :1 (iI ti �/•t't I:t Iliil i•Xlil•il l I i•r): Iry fill. i i l `r• ril M I•dill , t Ill• City COIllllli:::ilull, of Ally tit I11•I rli.lt•Ilt•y til life- t•1 1 y I Ili:: - cont rct becomes null and void. And no fee will be charged back to the developer. 9. If the bid proposal is changed by the City of Miami or the developer these changes may be incorporated in this project. 10. The Architect/C SR must furnish to the Developer: Prior to April 15, 1987 Experience Statement, Financial Data and Bankruptcy Information, in order that this may be included in the proposal to the City of Miami. (attached document prepared by City and to be included in this contract). 8'!-lii5 11. Enter Agreement: This document Sets forth the agreement between Architect C SR Chisholm, Santos, Raimundez and the Developer Coconut Grove Seaport 1150 N.W. 72 Avenue, Suite 350 G, Miami, Florida 33126 and modifications to this agreement must be in writing and signed by both parties. Agreed this March 31 1987 = The Architect: CSR Chi shol ,Santos_Raimundez ThV'Developer: Coconut Grove Seaport Inc. r' 1150 N.W. 72 Avenue, Suite 350 G Miam�-Fr FL 33126 —, 87--1115 s 16 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE 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 this questionnaire 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 in this questionnaire may be answered on the page on which the question is found or by attaching 8-1/2" x 11" 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 page number of the questionnaire to which the supplemental material is applicable. Board -mounted schematic drawings, not to exceed 30" x 40", should 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 in this questionnaire and authorizes the release to the City of any and all information sought in*such inquiry or investigation. If an independent and/or operational applicable pages of each such entity. general contractor, construction manager manager is to be involved, then the this questionnaire should be.completed for 30 1 C/S/R Chisholm/Sa-,Vs/Ramindez 3134 Coral Way Miami Florida PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with boat yard facilities, marina facilities, and other commercial development. Also state in detail the name's and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, please also provide photographs or other illustrative material depicting projects that will, demonstrate our 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. PROPOSER'S FINANCIAL DATA Financial Statement Proposer, owner -corporation proposer , and any person or business entity guaranteeing the performance of the proposer must attach a complete report, repaired in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform•upon your default, Yes ( ) No ( X ) 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 bankruptcy? Yes ( ) No ( k ) 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. 8 7-i115 PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Guillermo Rossell Firm: International Bank of Miami Title: Sr. Vice President Address: 444 Brickell Avenue Telephone: ( 105) 173-5501 Nature and magnitude of purchase, sale, loan, business association, etc.: $250,000 Property Loan - $100,000 Construction Loan Reference No. 2 Name: George Perez s ® Firm: Related Housing Co. Title: President Address: 2100 Coral Way Telephone: (305 ) 854-1919 -- Nature and magnitude of purchase, sale, loan, business — association, etc.: Business Association/Professional Services 9'7-1115 Reference No. 3 ,came: Alfred R. Walling Firm: General Development Corp, 1111 So. Bayshore Dr. Miami, FL Director Multi -Unit Housing Division (305 ) 350-1200 ;nature and magnitude of purchase, sale, loan business association, etc. Business Assoc./Professional Services Reference No. 4 :game: Stefan Johanson Sunhouse International Inc. title: President 95 Merrick Way #417 Coral Gables, FL 33134 L.ililon��: ( 305 ) 442-1112 i JrZtYr� and magnitude of purchase, sale, loan business association, etc.: Business Assoc./Professional Services 9 7-1115 - ob Is Resume: Robert E. Chisholm, AIA EDUCATIONAL BACK GROUN D PROFESSIONAL BACKGROUND - University Of Miami Miami, Florida Masters Degree 1977 Planning and Urban Design University of Florida Bachelor Degree Gainesville, Florida Architecture 1973 Chisholm/Santos/Raimundez 8/82-present Architecture/Planning/Urban Design Coral Gables, Florida Lemuel Ramos and Associates, Inc. Architects/Planners/Interiors Miami, Florida - Vice President Metro Dade County Office of Community and Economic Development Coordination Miami, Florida Lead Principal Planner Metro Dade County Office of Community and Economic Development Coordination Miami, Florida Principal Planner Metro Dade County Department of Housing and Urban Development Miami, Florida Architect/Planner 5/80-8/82 12/78-5/80 7/76-12/78 10/74-7/76 CHISE-10W SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 9i --1115 REGISTRATION AND ASSOCIATIONS Registered Architect: State of Florida National Creditation Architectural Review Board (NCARB) ( in process) Member - Board of Directors; City of Miami Parking Authority Latin Quater Board. Member - Board of Directors, University of Miami Citizen's Board. Member - Board of Directors, Little Havana Development Authority. Member - Board of Directors, Miami Capital Development, Inc. Member - Board of Directors, City of Miami Latin Quater•R6view Board - vice Chairman. Member - American Institute of Architects. South Florida Chapter. Member - University of Miami Architecture/Engineering Alumni Board of Directors. 1980-1982 Member - Leadership Miami Class of 1980 Alumni Association - current. Member - Dade County Association for Retarded Citizens Board of Directors 1980-1983 AD -Hoc Advisor - current. CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 87-1115 4 Founding Member - American Planning Association 1979-1982 Member - Greater Miami Chamber of Commerce - current. Transportation Committee 1981 Member - Coral Gables Chamber of Commerce 1980-1982 University Relations Committee Design Critic for Architecture/Planning/Interior Design at University of Miami, Miami -Dade Community College and Florida International University. Who's Who in South and Southwest Awards: Honorable Mention/"Biscayne West", National Urban Design Competition, Miami, Florida/1976 Honorable Mention/National Association of County Information Officers, Awards of Excellence Competition Winner Art & Design "Dade County Residential Rehabilitation Program" brochure/1979 Fourth Place Competition Award/American Institute of Architects Design Competition,•for AIA Office Headquaters, State of•Florida, Tallahassee, Florida, Lemuel Ramos and Associates, Inc./1980 Award of Special Recognition/Miami Beach Art Deco District Historic Preservation Master Plan, Florida Chapter American Planning Association, Anderson, Notter, Finegold, Inc., (Lemuel Ramos & Associates, Inc., Local Associated Architects) 1981 CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 8 7-ili5 Urban Design and Planning Award/Miami Beach Art Deco District Historic Preservation Master Plan, Progressive Architecture Annual Awards, Anderson, Notter, Finegold, Inc. (Lemuel Ramos & Associates, Inc., Local Associated Architects) 1982 CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 87- 115 REGISTRATION — AND -_ ASSOCIATIONS Registered Architect: State of Florida, 1973 Registered Architect: State of New York, 1980 National CounclI Architecture Registration Board, 1980 Building Contractor, Dade County, 1969 - Member - Board of Directors, Hatian American Community In Action of Dade (HACAD) Design Critic for Architecture b Interior Design at Miaml-Dade Community College — PATENTS GUTI Precast Concrete System, Inc. -� Vice President A low cost concrete prefab. housing system. United States Patent No. 4,328,651 - 1982 Venezuela.....Patent No. 35.251 App. 1982 Mexico........ Patent No. 185,555 App. 1982 Phillippines..Patent No. 25,033 App. 1982 Indonesia.....Patent No. 7,856 App. 1982 — Nigeria ....... Patent No. 6,381 App. 1982 CHISHOLM SANTOS RAIMUNDEZ Architecture Planning Urban Design 97--ii15 N N CHISHOLM/SANTOS/RAIMUNDEZ ARCHITECTURE/PLANNING/URBAN DESIGN CORAL GABLES, FLORIDA Resume: Ernesto L. Santos, A.I.A. EDUCATIONAL University of Miami Architecture 1969 BACKGROUND Miami,, Florida University of Miami Multl-Protection 1975 Miami, Florida Design . Civil Defense PROFESS40NAL Chisholm/Santos, Raimundez 8/82- present BACKGROUND Architecture/Planning/Urban Design Coral Gables, Florida Santos/Ralmundez Architects 1976-1982 Coral Gables, Florida David Vcikert and Associates 1973-1976 International, Inc. Architects/Engineers/Planners Coral Gables, Florida Vice President/Director of Architecture E.L. Santos, AIA 1976-1978 Architects/Planners Coral Gables, Florida Principal/Owner Bouterse, Borreill b Albaisa 1971-1973 Architects/Planners Coral Gables, Florida General Architecture David Volkert and Associates 1969-1971 Architects/Engineers/Planners Coral Gables, Florida General Architecture Miami Dade Community College 1982 Department'of Architecture Instructor - Part time CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 8 7-1115 4 CH I SWDLM/ S.AN T OS/RA I MUNDEZ ARCHITECTURE/PLANNING/URBAN DESIGN CORAL GABLES, FLOP,IDA Resume: Pedro A. Raimundez, AIA EDUCATIONAL University of Miami Bachelor Degree 1970 BACKGROUND Miami, Florida Architecture University of Miami Multi -Protection 1975 Miami, Florida Design PROFESSIONAL Chisholm/Santos/Raimundez 6/82-present BACKGROUND Architecture/Planning/Urban Design Coral Gables, Florida Santos/Raimundez Architects 1976-1982 Coral Gables, Florida David Volkert and Associates 1974-1976 International, Inc. Engineers/Architects/Planning Coral Gables, Florida Bouterse, Borrelli 8 Albaisa Architects/Planners Coral Gables, Florida George Khuly, Architect 197p-1�7 Coconut Grove, Florida S :c -�7 1 State of Florida, Licensed Architect 'o . 7678 AM C.. I L 7 I r".. '—� Cut i Precast Concrete Systems -- Patcn t (Precast concrete system for low cost housing) CHISHOLM SANTOS RAIMUNDEZ Architecture Planning Urban Design • 8'7-iii5 . +1 GENERAL INFORMATION Architects Chisholm Santos Raimundez Architects Engineers Maurice Gray and Associates, Structural Engineering Fraga Engineers - Electrical, Mechanical Engineering Crowder, Mahoney, Makowsky and Rice Civil Engineers. Landscape Architects Bradshaw, Gill, Fuster and Associates • Chisholm Santos Raimundez Architecture, Planning, Urban Design 265 Aragon Avenue, Suite F Coral Gables, Florida 33134 • Local architectural firm/parent company • Partnership • Licensed in Florida and New York • Maurice Gray and Associates - engineers 4090 Laguna Street, Suite C Coral Gables, Florida 33143 . Strrctural engineering firm/parent company . Partnership . Licensed in Florida and other states • Fraga Engineers 3940 Loquat Avenue Coconut Grove, Florida 33133 . Electrical - Mechanical engineers/parent company • Partnership . Licensed in Florida • Crowder, Mahoney, Makowsky and Rice Engineers 8384 Bird Road Miami, Florida 33155 Civil Engineers/parent company Partnership Licensed in Florida CHISHOLM SANTOS RAIMUNDEZ Architecture - Planning • Urban Design 8 7-1115 A% 11 COMPREHENSIVE AND RELATED PREVIOUS EXPERIENCE CHISHOLM/SANTOS/RAIMUNDEZ TEAM ARCHITECTURE Maule Industries Office Building Aurora Street Office Building Aragon Office Building Medical Business Services Office Bldg. Gladeview Offices and Multi -Use Center Dixie Manor Housing Redevelopment/HUD Mid -Town Plaza Apartments (Historic) Marina Park Hotel Santa Clara Rapid Transit Station Racket Sports Complex, Fla. Int'1 Univ. Aquatic Center b'Master-Plan, Florida International -University Racket Sports Control Building, -Florida International University Pari-Mutuel Wagering Laboratory, State of Florida, DGS State School "C", The School Board of Dade County Fountainbleau Park Townhouses Hendry County Correctional Facility Albert Residende Bahia de los Piratas Condo 6 Marina Senior Center Multi -Purpose Building Rainbow Plaza Retail b Office Complex Marina Twenty-Two/Ship Repair b Office Complex Kitsale Shopping Center • Edison Courts Fla 5-1/HUD 345 units -family housing • Lincoln Gardens Fla 5-19/HUD 47 units -family housing • Tamarac Development 155 units -rental housing • LeVue Condominiums 50 units • Peacock Plaza Shopping Fall. • Habana Apartments 40 units • Fenimore Apartments (Historic) 40 units • .Alamac Hotel 47 units Blackstone Hotel Biltmore Hotel Miami, Florida Coral Gables, Florida Coral Gables, Florida Coral Gables, Flurida Miami, Florida Boca Raton, Florida Miami Beach, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Hendry County, Florida Toulouse, France Caracas, Venezuela Miami, Florida Coconut Grove, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida North Bay Village, Florida Coconut Grove, Florida Miami Beach, Florida Art. Deco District Miami Beach, Florida Art Deco District Miami Beach, Florida Art Deco District Miami Leach, Florida Coral Gables, Florida CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 97-1115 GENERAL LIST OF RECENT CLIENTS ARCHITECTURE • Florida International University • Related Housing Companies of New York and Florida • Senior Centers of Dade County and State of Florida HRS City of Hialeah, Office of the Mayor "Mr. Julio Somoza Lawrence Forman & Associates INDALCO, Inc. Acosta Rubio Enterprises American Beverage Corporation Semi -Coup U.S. Corporation • General Development Corporation • Marina Park Associates Indirect -.Clients: The Edward J. De Bartolo Corp. Hyatt Regency/Miami Center Assoc. HDS Companies, Inc • :ity of Miami Office of Community Development • Metro -Dade County Department of Housing and Urban Development • Chas. P. Young and Company • City of Boca Raton Housing Authority Ronson Development Group Hialeah Redevelopment Agency City of Dallas Office of the Mayor • Florida 100, Inc. McDonald -Lane Inc. • Electic Developers Inc. . Stein Corporation Holland Development Services Worsham Brothers Miami, Florida Coral Gables, Florida Miami, Florida Hialeah, Florida Miami, Florida Miami, Florida Bogota, Colombia and Coral Gables, Florida Caracas Venezuela Coconut Grove, Florida Paris, France and Miami, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Washington, D.C. Miami, Florida Miami, Florida Atlanta, Ga.& Miami,Fl. Boca Raton, Florida Miami, Florida Hialeah, Florida Dallas, Texas West Palm Beach, Florida Miami, Florida Orlando, Florida Miami, Florida Atlanta, Georgia New York & "liami Miami, Florida C HISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 8 7-1115 • PLANNING AND URBAN DESIGN Miami Beach Art Deco Master Plan City of Miami Beach 1980 Miami Beach, Florida Residential Rehabilitation Program Study, City of Dallas 1982 Dallas, Texas Planning and Urban Design Concept Analysis, City of Hialeah 1982 Hialeah, Florida Urban Design Study City of Hialeah 1983 Hialeah, Florida Miccosukee Tribe of Indians Cultural Center Master Plan 1980 Miccosukee Tribe of Indians of Florida Dade County, Florida Environmental Review Process, 8th b 9th Year City of Hialeah 1982 Hialeah, Florida CCrporate Offices, Relocation Feasibility Study, General Development Corporation 1983 Miami, Florida • Design Guidelines and Redevelopment Criteria, Hialeah Redevelopment District 1984 Hialeah, Florida • Hialeah Downtown Land Use and Zoning Plan 1984 Hialeah, Florida • IPC Development Guidelines General Development Corporation 1984 City of Palm Bay, Florida • Mid -Port Commercial Areas Development Guidelines General Development Corporation 1983 Port St. Lucie, • Metro -Dade County Florida Office of Community and Economic Development Commercial Revitalization Design Dade County, Florida Guidelines 1985 Countywide CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design INTERIOR DESIGN Le Cafe Limoge/Restaurant Tosta Gallery Cardet Gallery Airport Plaza Offices Los Ranchos/Restaurant The Mole Hole/Hyatt Regency Kokoriko/Restaurant Bendix Avionics Executive Offices Miami Elevator Offices Scandinavian World Cruises Offices Lorentzen Shipping Agency Offices Southern Bell Cypress Creek Offices Gee and Hensen Executive Offices Southeast Bank of Broward Southeast First National Bank of Miami, Branch Offices • Southeast First National Bank of Miami, Accounting Department . Southeast Bank of Venice/Branch . Southeast Bank of St. Armands/Branch . Homestead Florida City Health Care Center . Jewels by Gerald Kohn/Store • Sun Bank of Riverside Airport Exchange/Offices Sun Bank of Bal Harbour CoCo's of Bal Harbour/Restaurant • Chas P. Young and Company • Hi Habana Restaurant Miami, Florida Coconut Grove, Florida Coral Gables, Florida Miami, Florida Miami, Florida Miami, Florida Miami, Florida Ft. Lauderdale, Florida Miami, Florida Miami, Florida Miami, Florida Ft. Lauderdale, Florida Ft. Lauderdale, Florida Tamarac, Florida Coral Gables, Florida Miami, Florida Venice, Florida St. Armands, Florida Homestead, Florida Miami, Florida Miami, Florida Orlande, Florida Bal Harbour, Florida Bal Harbour, Florida Miami, Florida Miami, Florida CHISHOLM SANTOS RAIMUNDEZ Architecture • Planning • Urban Design 8'7--iii5 NOTE: Give All leformation Called for by Fwwo—Ineart the Word "None" Wheys, Apprco'ble. Proprietor or Partnership Narne..��~. !.„c..''M..»�.....WTHZ ... ....................... TO.................. ... •»,............_...............»..... ..BANK Address»265 •AR 1 AVEi. SZJLZE..F' �,OORAL.GABLES..........»................................................................................. Character of Business... F!RQUTECT,6f D,FVFWQP.F,M....,»....•. Condition at Case of Business..�= 31• (7 r>o. s6 _ For the purpose of obtaininecredit with you from time to tithe. the unden lined makes the W6wing Rnancial statement as of the date above indicated. and hereby agrees to notify you promptly of any change adversely affecting the financial condition herein reflected. BALANCE SNIEET PROFIT AND LOSS STATEMENT ASSETS NET SALES ...._.,...., _ Las-�Cmet of Goe ds SOW.w N/iwweo/ lusventery Add`hrelussa ... N ( La mosufactutat Addmeavfocturie/ 6otsss ., .„» ,r, - ....„ _ _ • « - ....»... _ ........ .._ - »..... . ,. -- .„„ ...._.. „•,.,_. „»„.. .„„.. " «« . Cash ..._......_»._..._ : Nola RasaiwLts-•Diseovatsd (A) Notes RseeivoWe-•Nat Disewateel (A) Accounts RstairoWe•-Ceresat (A) Marehandias 1Netl�l/) U. S. Government Securities. ...._.. ZQj.36iQ ».. „ .„,.. ........................ _ _.._„..Total•......_... Total Cost of Goode Solt.....„».-.._ GROSS PROFIT s 4w—Salmi/ Esttenea »..�.._...� «.._..__._ _ _ ...Generel and Administrative. _ _ Reeemes lbd. Fed.'Teesl.. .... ........ _.... »._..»_.„. _.. �. _ .._... _.... „1f11.. 60.... „ TOTAL CURRENT ASS RS = llael Estate ..a livuseels 1El Mech:aar. Futures sad' %w4 meat 1El -- InvseGrsaeb is AifRiata 101 Other Steeka ead (ands 1Cl Due from Empiamrees and Paters Deferred Reeeiveltles JAI Cash Valvs Ufa laments 1F) sew biscin and Defarod Cbosy kers _ e7[kll »... �r _ . �... �: .... .•14% ... 317..» .._. » »... .... ....:... �saQ n.. „.. _ ...».. ...._ ... TotalOperating tetel Opsrotln! 6aenseL....:._.....„ NET OPERATING ►ROFlT.•.„ ,," /add-•OMer lneeros ....�. _.... Total Other Income... ....-_f -•„•- - Other biscnses .„.».»....„...._..„......».... •» _a,QSt �..•• �Q TOTAL ASSETS >< 896,500 »•- ........ ��- .» UASILITIESLsse- Notes 1aveme to hakef Notes Recei.arls Discounted. Other Notes ►atraWe Current Mort/yes and Hind•� . Accounts lsayabie fa Morchead• Due to Affilietes 101 Out to Ernplo"aa. Relatives w Others,,.._...-..._,. Accrued income Tea• .. �.„•.-.-. -- ....•.• „Total Other Expenses„.„............... „ _ .„ __1 S «.... ...».»......�. lees--irewsiew fee Federal Tases... .. NET PROFIT / Included Arere—DaPraciation Chistla Executive Reounwwlaa ...... ».....«. .....�.. -..... 105,222 ....,. ...._„ .,••. »„.,. •„ „,..,.. ...... -- ._.... ». NET WORTH RKONCIUATION ........ ...« Hginning /alaees ........... _.._.............._._._.s . 873 7.8_... TOTAL CURRENT UAIIUTI=3..._,_,_,,._t Defamed L+.rilibess lbploinl _ 10 OQ Q.•......, Lair-Withdra.ols ...... ».._. „ Adiuetreeaa ,......... Closing $aloncs t 92 �. .- .TOTAL LIABILITIES,.,,,,-, "„�,,,y ��» „"""" ....��. 00:........_ AMOUNT OF CONTINGENT UM. 101 AMOUNT OF ASSETS ►WGED....-....-.._._.. AMOUNT OF LIA/ILITiO, SECURED___,' ECURED.»_...„_. ..«..„.».........« »„».... .............. ., „�, •„,,,, .... «..._»_7e._�l l Nat Wench »...,..,._.-,� TOTAL UA/IUTIES AND NEr WORTH ! 896 500 1 (OMIT PENNIES) JAI ' TRADE RECEIVAALES—Sell-al T, ,,..».. _......._......... _..da.! .► ► (BI INVENTC urcl+ore Te„Rs days Accounts —Not dos ...»_........._..._.i..._zL�rvyv..._.... Notes —Not due. but maturing Finished Good! ............... ................. ............. Wort m Process ........ ...................... ._... ..... .�...... ........ _... ........ ....... ....... ........ ............... ... vrith:R sit Months .........»._ ...... Ra+r Materials ..... .. ................... ..........». TOTAL CURRESIT 1 225,000 � Suoplrts.................................................... ..».................... ....... _».».. Deftered: Accounti—Volt du! .... .. » .i. ..... ............... ......... Out on Consignment ....... _»»... ..... «_..... .........»._ ... Notts —Fast due of maturing Mitcallentou! ........ ...........».._ .......» ....... on aver We GROSS INVENTORY .... ..... ........ .... ...... ........................ Uncletpi-ed Rates a-d account!....... .._..»«....... ... ' ltss—Ressne ».». »... .......» _..._..... ....... ....... _...._— Less—Re►erve for bad debt!.._... _......� ....... .................... NET INVENTORY .......:.....» ...... ...»_......._ TOTAL DEFERRED —NET >R» Purchase Commitment! _......_....._.._.......... .... ...... _. »�.......... I4 of Qrscou+Is Earned on Purchases .................... .._...................._..»._.». Charge•efls % of Returns i Allow. on Gres! Sites... Basis of Inventory PrieiRB7 _....... ......» _ __.......«»_...._ Recoveries in ptriedw ._....»..» ..� _»»... �....:... « «......_ ...�.. ...»: Was ";Cal Coont Te�oni..._. ». _................... �:..... ICI STOCKS AND BONDS Units Mit. Val. l Total ID) AVFILIATES i x !►.•sd I,„.en. ore From ova to 1 1 etals ° Totals E FIXED ASSETS Title in Whose Nome Ao toisel Vol Pat tot Dso. I Net Value I Mortgage Yr. Due CMCETMM 181,500 I -Ul 0 500-0- - 1 stele I I 81,500 FI LIFE INSURANCE IM indicates thousands of dolls n) : TYPE MOSS. PLANT INSURED COMPANY .Aitq " LOAN BENFFIC1ARv Y� Ct WAM Fire M b1 MI M. M I Wind M M M 1 M . MI Butylam. M M M MI Ml -- M M M1 MI MI M At IGI CONTINGENT LIABILITIES: Nature Amount i Nature Amount S Nature Amount t ru► ^.,uueeeule ne atreruecc. _Name Title % O.ssd Outside Worth (Nature and Arneruntl Mie-sto Santos Ptr. 33% Wbert ChisFElm Ptr. % Pedro 2 Ptr. 33% ' III LIST OF SECURED OBLIGATIONS: Nature of ObI; fOien Now Seeu%ed On What !Rate of tnlrnlr When Due Retired to Dole Out►londin, 1 r r r aim IJI This buusess •a► established .. to spot sucerr.trd •.r�rL Lastindependent audit by..._»NA.....».............................................. as of........................ N/.A..... .: income tax payments tpprovcd through .......... .. ....:. .p .. 31. M... M... Has this business failed or made a eompositinn settlement with eredito•s1 ;E:pla4i)-l- Na................................................ The undersignet. certifies that each side hereof and the information inserted herein has been comfully read and is true and terreet. Zste Signed ............. .............:.......»... Company Name... Qtisholm:..-Santos.. &.. ?t...� I s. By... .........................::..... ............•............ .._............ .................... Partner' ►,ap►%el«• Fanner 8'7--iii� 1% SST Appendix B Architectural Information 97'r1�15 PROPOSER'S ARCHITECT/ Name: 9�A Chisholm/Santos/Ramindez Street Address: 3134 Coral Way Mailing Same Address: Telephone: (305) 443-9493 Names of principals and their titles who will be chiefly responsible for the design and engineering of the project: Robert E. Chisholm Name Ernesto Santos PROPOSER' S _ _• 4JENGINEER AIA Partner Title Partner e: Name: DeZarraga Donnel Duquesne Structural Engineers.. - Street Address: 131 Madelra Avenue, Coral Gables, FL Mailing Address: Same Telephone:(305) 445-8995 Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Gaston DeZarraga P.E. Name .Ramon Donnell P.E. Name Name Partner Title Title Title Title Names, addresses, and telephone number of other consultants who will have a major role in the project. 97-1115 L Re fur to Appendix A resume and +.'nt list EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT/ENGINEER Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names _ and pertinent experience of the principals who will be directly _ involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: George Perez Firm: Related Housing Co Title: President Address: 2100 Cofal Way _ Telephone: (305*) 854-1919 - Nature and magnitude of business association: Arch/Eng Service - Various Prospects (refer to attached) Reference No. 2 Name: Jose Enrique Gonzalez Firm: Electric Developers Title: Partner Address: 3215 Grand Avenue Telephone: (305 ) 448-9493 Nature and magnitude of business association: Arch/Eng. Services - Florentino Plaza, Commercial Mall, Coconut Grove,FL 9 7-1115 Reference No. 3 Name: Alfred R. Walling Firm: General Development Corp, 1111:.So. Bayshore Dr. Miami, FL Title: Director Multi-�Unit Housing Division - Telephone: (305 ) 350-1200 - Nature and magnitude of • purchase, sale, loan business association, etc. Business Assoc./Professional Services Reference No. 4 - Name::Stefan Johanson Firm: Sunhouse International Inc. Title: President Address: 95 Merrick Way #417 Coral Gables, FL 33134 - Telephone: ( 305) 442-1112 Nature and magnitude of purchase, sale, loan business association, etc.: Business Assoc./Professional Services - - --- 137--1115 Fraga Engineers Bradshaw Gil & Fuster Name of Firm Name of F rm Elec/Mech Eng. Landscape Architects 3940 Loguat Avenue 4337 Seagrape Drive_ Street Address street Address Miami, FL Fort Lauderdale, FL Mailing A ress ' Z i p Co a Mailing Address Zip Code l 305 ) _444-8210 (305 ) 944-7245 Telephone Number Telephone Number Irene Fraga P.E. Euilio Fuster Asla Name of Principal Contact Name of Principal Contact 97-1115 I PROFESSIONAL STAFF Chisholm Santos Raimundez Architects Programming, design, architecture, master planning, contract documents, supervision Principal -in -Charge Project Architect Robert E. Chisholm Project Coordinator Ernest Santos Maurice Gray and Associates Sturctural engineering Principal -in -Charge Maurice Gray, P.E. Fraga Engineers Electrical - Mechanical Engineering Principal -in -Charge Irene Fraga, P.E. Project Engineer Al Fraga, P.E. Crowder, Mahoney, Makowski and Rice Civil Engineering Principal -in -Charge Randolf Crowder, P.E. Project Engineer Ray Rice, P.E. Bradshaw, Gill, Fuster. and Associates Landscape Architects Principal -in -Charge and. Project Landscape Architect Emilio Fuster, ASLA 8'7-1115 1 Developer Coconut Grove Seaport LTD., Inc. 1150 N.W. 72nd Ave., Suite 35CG Miami, FL 33126 Agreement to Commission: R.F.NicElroy & Company/R.F.M.Const. I; Construction Manager/Developer 2101 Brickell Ave Suite 215 Miami, FL 33129 The Project Coconut Grove Seaport commonly known as "Merrill Stevens " located at 2640 South Bayshore Drive, Miami, Florida. Date of Agreement April 1, _1987 1. Service of Construction Management: A. To over see the Development aspect of the Project and to set Hard Construction Cost, on all phase of construction. 2. Service of the Construction Manager/Developer after the project is awarded: A. To be Construction Manager/Developer. 3. •:he Construction Manager/Developer will provide: A. Will head up all Construction Management. i Will over see property Management Company. C. Will set time scheduals. D. Will work with Financial Institutions on Financing Project. 4. ComEEnsation to the: Construction Manager/Developer Consideration of the service provided, the developer agrees to compensate the Construction Manager/Developer with a _73 o partnership in th•i Coconut Grove Seaport Ltd., Inc. incorporated in the State of Florida on March 2, 1987 an assigned document number J59 755. 5. Gua-rantee of Satisfaction: the Construction Manager guarantees that th work shall fully satisfy the expectations of the Developer. If the Developer is not fully satisfied with the bid package, he may use anotherC onstruct' and therefore, there will be no Manager obligation on the part of the developer. 6. Cancellation of the Agreement: if at any time during the course of the agreement, the Way not be caneiedi is unable to perform the work required stated, this agreement may be cancelled. 8 7--1115 7. Use in Promotion: The Developer acknowledges that the C onstruction/Manager/ shall retain the right to use 1.1eveloper any work's etc., in the promotion of his own business, but in no relation are they to be used until completion of the bid -process with the City of Miami. 8. If this project is not expedited: by the City of Miami, the City Commission, or any other agency of the City this contrct becomes null and void. And no fee will be charged back to the developer. 9. If the bid proposal is changed by the City of Miami or the developer these changes may be incorporated in this project. 10. The Construction Manager/ must furnish to the Developer Developer: Prior to April 15, 1987 Experience Statement, Financial Data and Bankruptcy Information, in order that this may be included in the proposal to the City of Miami. (attached document prepared by City and to be included in this contract). 8 7-H15 11. Enter Agreement: This document sets forth the agreement between RFMcElroy & Company and the Developer Coconut Grove Seaport 1150 N.W. 72 Avenue, Suite 350 G, Miami, Florida 331.26 and modifications to this agreement must be in writing and signed by both parties. Agreed this April 1, 1987 The R.F. McElroy & Company 2101 Brickell Ave. Suite 219 Miami, FL 33129 The Developer: Coconut Grove Seaport Inc. 1150 N.W. 72 Avenue, Suite 350 G Miami FL 33126 x ) 8'7-1115 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE 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 this questionnaire 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 in this questionnaire may be answered on the page on which the question is found or by attaching 8-1/2" x 11" 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 page _ number of the questionnaire to which the supplemental material is applicable. Board -mounted schematic drawings, not to _ exceed`30" x 40", should 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 in this questionnaire and authorizes the release to the City of any and all information sought in such inquiry or investigation. If an independent and/or open applicable p� each such en, general contractor, construction manager RJii.F. Cons ruction Inc - r-:, ;'I "r'.c?:el.l Ave Miami F1. 33129 EXPERIENCE STATEMENT OF PROPOSER'S CONSTRUCTION MANAGER — Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will 'be directly — involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. The name and address should be given for each project identified as well as for perbons familiar with the development who could -- respond to inquiries from the City. You should also identify your specific role in each project. FINANCIAL DATA FOR PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Financial Statement Attach a complete report, prepared in accordance- with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Suretv Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No (X ) 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 (i:) 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. "rune 8 7-i115 1 PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Juan Dalmau Firm: Hialeah Air Inc. Title: President Address: 7800 W 25th Ayenvp- Hialeah, Florida Telephone: ( 305) 821-0461 Nature and magnitude of purchase, sale, loan, business association, etc.: Sub contractor - A/C MJD Universal -PH Suite Reference No. 2 Name: Vivian Ricado Firm: Florida National Rank Title: Personal Banking RAp - - Address: 1313 S. Miami Ave., Miami. Fla Telephone: ( 305 ) 545-3280 Nature and magnitude of purchase, sale, loan, business association, etc.: General Account 8 7-1115 Reference No. 3 Name: Rafael Hernandez Firm: 1150 NW 72 Ave,Suite PH, Miami, FL 3312 Title: Vice President Telephone: ( 305) 591-2351 Nature and magnitude of - purchase, sale, loan business association, etc. Complete Buildout of their penhouse suite Reference No. 4 Name: Gloria H rri c - Firm: Volkswagen Interamerican Title: Risk & Ins. Manager Address: 1150 NW 72 Ave, Suite 200, Mifuni F L 3312A Telephone: (305 ) 592-4980 Nature and magnitude of purchase, sale, loan business association, etc.: - Complete build out of their of fi npg 1i to 97-4115 Resume Raymond W,, cE ;. roy Education: Hiizh School: Jr. College: College: P;'Jf 0:1.11 BacVC.round : R E ME-ELROY & COMPANY i 10 1 8RICKZLL AVENUt, SVITt 21 f • MIAMI, lLORIDA 33129 STA72 CtRTIFIED SiNSRAL CONTRACTOMI LaSalle High School South Bay Shore Drive Miami, Florida Miami Dade Jr. College South Campus University of Florida Gainesville, Florida (Real Estate Urban Developement) R.F.M. Construction Inc. ii&mi, Fla. President R.F.M. Construction Inc. New York President R.F.M. Construction Inc. Miami, FL President E & M Cabinets Inc. Miami , FL President H Fenster & Son Plantation Florida Assistant Superintendent Raymond McElroy Miami, Florida Carpenter 1966-197C 1971-1973 1974-10,76 1985/Present 1982/1984 1977/1982 1977/1982 1969/1973 1966-1969 87 -1115 R. E M&CELRO'Y & COMPANY 2101 BRICKELL AVENUE, SUITE 215 0 MIAMI, FLORtDA 33129 STATE CERTJtIXD GENERAL CONTRACTOR General Client List 'lolkswagen Interamericana SA IJfiami, Florida WI.J.D. Universal Inc. Miami, Florida Boeing; Commercial Airplance Co. Miami, Florida World ::ouri er Miami, Florida Emer,-; World Courier Miami, Florida Intergrated Resource (Resource Property New York, N.Y. ',:anagement ) Silverstein Properties New York, N.Y: Dr. -Toffee Miami, Florida W + 1 2 a-n ;advertising Miami, Florida it �ber4. R . :,'er-,e Huntington, ." . Dr. Salvatore Serpe Amityville, •".Y. Posellico Llovd Harbor, i..Y. Cranbrook Club Aot. Plantation,r'L 13 7- 4115 MICHAEL HOLLANDER CERTIFIED PUBLIC ACCOUNTANT 22M S. OAOELANO BLVD., SUITE 904 U A L FLONDA 33156 TELEPHONE: M% 6d2- " MEMBER AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Board of Directors RFM Construction, Inc. Miami, Florida Dear Sirs: I have compiled the accompanying balance sheet of RFM Construction Inc. as of December 31,1986, and the related statement of operations for the year then ended, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of management. I have not audited or reviewed the accompanying financial statements and accordingly, do not express an opinion or any other form of assurance on them, Management has elected to omit substantially all of the disclosures and the statement of changes in financial position required by generally accepted accounting principles. If the 'omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's financial position,results of operations, and changes in financial position. Accordingly, these financial statements are not designed for those who are not informed about such matters. ad /'�►. Michael Hollander Certified Public Accountant April 15,1987 T FON 1: N C .;ASWI EN I:li.)PJI< 14m 0) 6') 1 4 L. 1',1I:I'I:l ITTE'S AND CAPTTO-11 . ........... ... .... UP R 1:!.N V I.. I i::,I:J 11-1 TIT S o6io.) • 00- PAYAOLI: 39 00 TOT4W. C.URRENT LAARIA 1: T 1: UK") 1 027 • oo-- 1,000-00 Rl:::*T*A:I:Nl:-::I) 1::'ARNIN(*I',:; S322.00 pROITIT OR I ... OSS, 7 (1,5 6 - 124 TOTAI 4i*11)(".10401-DEARS EQUITY 980 24 AND ■ C',C)IMPTLATION 97-1115 J.;I.. I JA 1:: JP . ..... .... ... AI It. (:,I:: pi T I Otf,. i N, k I )!3T ol IN.':; UPI W"' T' I '..IN :0S 113 "J 9, 1:)l VA_.'-*'!-, .. ............ 4 1 . 0 .1 ... ........... . .. .... .. (V Vi U.)ROF 1. 1 M 5*7 . . ........ .... 4,'t ',2 ................ .................. 70 7) 12 ".3 t. 114 A N C , V.. 0. . 0.7 4. B . 9; P 4 E; 9 f 1. T 1* V V,!.-) ::J 44-13•1:10 '2 1 1.)•4.40 00 -)I.. F. 1. 1.; 2..3 0 C 7 13 0160 '71 7 '14. . 0 4 779 C) 3 0 7 r.10 00 4.4 7 '39.0 00 4.4. 6 211) 4-0 7W; 20 4.0 P 14 C)I 1.. 586 • 5A 1 0.3 586 51 3 CIPU.RAT UNCI, 1::'Xl*)rt.N'31:"5i 41 - 8 '70 061 .33 4 1 to 7 6 12 4. 0 - 5 ()(ii . 23 4. 5 N(--'-':*T* PIRC)PI''T AF­rr:_,i4 TAXES 766) .?4. A V If TI, e:",y I ON PC POR I 87-1115 Developer Coconut Grove Seaport LTD., Inc. 1150 N.W. 72nd Ave., Suite 350 G Miami, FL 33126 Agreement to Commission: Frank Batist a/Minority Consultant Miami, Florida The Project Coconut Grove Seaport commonly known as "Merrill Stevens" located at 2640 South Bayshore Drive, Miami, Florida. Date of Agreement April (3 1987 1. Service•of the Minority Consultant: A. to develop a minority package in order to present to the City of Miami pre bid. 2. Service of the Minority Consultant after the project is awarded. A. To be Minority Consultant of Record. 3. The Minority Consultant will provide: A. Advice as to minority participation and to design minority programs to aid minority's in _,setting up a retail operation, pre bid. l9'7-iii5 4. Compensation to the: Minorit- Olonsultant Consideration of the service proviaea, the developer a9fees to compensate the 'Winori.t- Consultant with a partnership in the Coconut Grove Seaport Ltd., Inc. incorporated in the State of Florida on March 2, 1987 an assigned document number J59 755. 5. Guarantee of Satisfaction: the Minority ConsuZtan. guarantees that th work shall fully satisfy the expectations of the Developer. If the Developer is not fully satisfied with the bid package, he may use another 1.11noritir Consul tARO therefore, there will be no obligation on the part of the developer. Cancellation of the Agreement: if at any time during the course of the agreement, the Minority Consultant is unable to perform the work required stated, this agreement may be cancelled. 8 7-4115 7. Use in Promotion: The Developer acknowledges that the -- iorit,; Consultant shall retain the right to use any Work etc., in the promotion of his own business, but in no relation are they to be used until completion of the bid process with the City of Miami. 8. If this project is not expedited: by the City of Miami, the City Commission, or any other agency of the City this contrct becomes null and void. And no fee will be charged back to,the developer. 9. If the bid proposal is changed by the City of Miami or the developer these changes may be incorporated in this project. 10. The 4.inorit`• Consultant must furnish to the Developer: Prior to April 15, 1587 Experience Statement, Financial Data and Bankruptcy Information, in order that this may be included in the proposal to the City of Miami. (attached document prepared by City and to be included in this contract). l7--1li5 ,A 11. Enter Agreement; This document sets forth the agreement between Minority Consultant Frank Batista an8 the Developer Coconut Grove Seaport 1150 N.W. 72 Avenue, Suite 350 G,' Miami, Florida 33126 and modifications to this agreement must be in writing and signed by both parties. Agreed this April 8 1987 The h1ino ity Co tart Frank Batista 039C5 East Calasa ub dr,O , ami F 1. 33136- The Developer: Coconut Grove Seaport Inc. 1150 N.W. 72 Avenue, Suite 350 G Miami/, FL 33126 X Eno-1ii5 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE 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 this questionnaire 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 in this questionnaire may be answered on the page on which the question is found or by attaching 8-1/2" x 11" 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 page - number of the questionnaire to which the supplemental material is applicable. Board -mounted schematic drawings, not to exceed 30" x 40", should 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 in this questionnaire and authorizes the release to the City of any and all information — sought in such inquiry or investigation. If an independent general contractor, construction manager and/or operational manager is to be involved, then 'the applicable pages of this questionnaire should be completed for each such entity. 30 8 7-ili5 ..1✓ 13,., AO f r ru oR eat Co w SU PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with boat yard facilities, marina facilities, and other commercial development. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, pleaLe also provide photographs or other illustrative material depicting projects that will demonstrate our 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. PROPOSER'S FINANCIAL DATA Financial Statement Proposer, owner -corporation proposer , and any person or business entity guaranteeing the performance of the proposer must attach a complete report, repaired in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or ecitity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform upon your default, Yes ( ) No ( X) 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 bankruptcy? Yes ( ) No (X ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide on litigation, proposal. attached sheets detailed information regarding pending liens, or claims involving any participant in the NA 87 -ili5 PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: -Dr. Jose Valle Firm: Valle-Axelberd Psychological Consultants Title: President Address: 1901 Nonce de Leon Blvd. T200 Coral Gables, ml. 33134 Telephone: (305 )442-9900 Nature and magnitude of purchase, sale, loan, business association,'etc.: Provided to the firm ongoing consulting services in marketinq since 1093. Reference No. 2 Name: us. "aria Perez Firm: :consolidated Wank Title: Account officer Address: 2115 -.W. 3 Wit. Ali a. 33135 Telephone: ( 305 ) 541-4410 Nature and magnitude of purchase, sale, loan, business association, etc.: Ms. Perez has been in charge of my commercial checkinq account and money management account L9'7-1115 1 Reference No. 3 Name: Southeast Aank Master Card Acct.#523(1-0003-0301-5904 of ,. . Firm: Title: NA Telephone: ( ) Not known Nature and magnitude of • purchase, sale, loan business association, etc. Monthly purchases averaginq $175 since 1984 Reference No. 4 Name: Frank Aparicio Firm: F :& T Accounting Services Title: President Address: 12220 S.W. 122 Ave. Miami, Fl. 33186 Telephone: ( 305) 253-3$331 Nature and magnitude of purchase, sale, loan business association, etc.:. - Mr. Aparicio has been my accountant and financial advisor - during the past 4 ,years. 97--1115 RANI{ APARICIO, B.BA"- A.B.A. Consultant 12220 S. W. 121 Avenue Miami, FL 33186 305.253.3831 Frank �. Ana Batista 9909 E. Calusa Club Or. Miami, "1. 3319r, "financial 'statement 3/31/9 7 Assets Cash g 2,350 Accounts Receivable 2,000 Real Estate is,,000 Cash Surrender Value of Life Ins. 10500 Household 'Furnishings 20,000 Automobiles 12,000 other (jewelry, Ptc.) 10,000 total Assets S 202,150 Liabilities Installment Loans S 10,900 Credit Cards 5,245 ,Mortgage 117,000 total Liabilities $ 133,145 Net '.Worth 619,705 Dotal Liabilities Net Worth S 202,150 (;re attached schedule for detail) (1) I -HANK APARICIO, B.B.A.,M.B.A. Consultant 12220 S. W. 121 Avenue Miami, FL 33186 305.253.3831 Detail '3chedule CA'iff Consolidated Hank ACCOU\'r i P?C E IVABLE S Due from customers (private practice) REAL E:3TA"rE private home at 9905 Rast Calusa Cl. Dr. CASH `.iURRENDER VALUE OF LIFE INS Northwester Mutual (face value $165,000) HOUaEHOLD FURNISHINGS Furniture & decorations AU rU;NtOBI LES 1980 Buick Regal $ 5,000 1978 Cadi Coupe de Ville --7,000 U riir R I.ewelry $ 4,000 Clothing _ 5,f)00 Nachovia .;ervices (student Loan) ($ 129mo. ) Crodit 'Union (metro -Jade County) ($ 49bkly'.) CRE' DI r CAit D7, Southeast bank "'-aster Card S 4,945 gears 300 MUR rGAGE Coastal Mortgage Co. ($ 1,115 mo.) (2) 2,3150 2,000 155,000 1,500 20,000 12,000 10,n00 9,000 1, 9n0 5.245 117,000 9 7--1115 ! :SANK APARICIO, BROA. M.B.A. Consultant 12220 S. W. 121 Avenue Miami, FL 33186 305.253.3831 Income Statement SOURCE: Salary (Frank Batista) ,salary (Ana Batista) Private Practice ( Frank Batista) Total Income $ 43,040 24,000 12,000 $ 79,000 W-ili5 R E S U M E Frank A. Batista 9905 E. Calusa Club Dr. Miami, F1. Zip Code: 33186 Phone: (305) 386-7225 Bus: (305) 541-5901 Birthdate: May 20, 1952 Social Security Number: 267-02-5096 Bilingual (English & Spanish) U.S.A. Citizen EDUCATION June 1984 - Present Ph.D. (C) Major: Organizational Psychology Columbia Pacific University San Rafael, California Aug. 1982 - Dec. 1984 M.B.A. Major: Business Adm. Barry University Miami Shores, Florida Jan.. 1981 - May 1982' Doctoral core work in Organizational Psychology Miami Institute of Psychology (accredited graduate program in the Behavioral Sciences) Miami, Florida Sept. 1975 - June 1978 M. Ed. Major: Counseling Psychology University of Miami Coral Gables, Florida Sept. 1972 - May 1975 B.A. Major: Psychology Minor: Communications University of Miami Coral Gables, Florida (1) 87-111-5 PROFESSIONAL EXPERIENCE March 1983 - Present So. Fl. Employment & Training Consortium Position: Center Director Responsibilities: Supervise Psychologists, job training counselors, eligibility interview- ers and clerical employees working in two assessment centers for a Federal Job Training Program. Organize, plan and implement assess- ment process for the selection and placement of personnel; design and conduct ogoing staff training and development workshops in the areas of motivation, team work, listening skills, stress management, and interpersonal communication skills; manage the flow of reports to and from the centers; design marketing strategies to recruit applicants; interact with the community via the media - to inform them of available job training services. Julv 1984 - July 1985 Miami Cablevision Channel 2 Position: Program Host Responsibilities: This was a weekly thirty (30) minutes program entitled "Empleos". I interviewed quests from various industries involved in the field of employment and training, as well as, the general labor market. Informed the general public of multiple sources available to them for job train- ing and direct placement services. September 1984 - Present University of Miami (Office of Professional Development) Position: Coordinator of Certificate in Management Program (consulting basis) Responsibilities: Curriculum development, supervise course materials; faculty recruitment and - selection; conduct seminars in organizational behavior and marketing management. (2) 8 7-1115 er October 1980 - March 1983 September 1978 - Oct. 1980 So. F 1. Employment & Training Consortium Position: Psychologist/Psychometrist Responsibilities: Conduct assess- ment procedures for selection and placement of personnel Participating in a Federal Job Training and Employment program. Facilitate group training sessions emphasizing inter- personal skills, verbal, non-verbal communications and clarification of group interaction. Administer edu- cational achievement tests, vocation- al career inventories, psychometric instruments in areas of work maturity and job readiness. Integrate several assessments to portray participants' stregnths and weaknesses. !writing assessment results for use of staff in the placement process. Counseling & Stress Control Center Position: Training Coordinator Responsibilities: Development, evaluation, and implementation of training seminars in a multitude of areas (e.g. Executive Development, Stress Management, Assertiveness Training) . Planning Duties: Research and Statistical review of literature, development of transparencies and audiovisual aids; overall presenta- tions. Evaluations: a) Assessment of client satisfaction b) Goal attain- ment for each individual partici- pating c) Long term gathering and analyzing of statistical data compi- led from each training seminar. Objective of Seminars: Executive Development: To examine environmental and internal factors that affect organizational growth and continuity. Review motivation theory and its impact on employee effort. (3) w 6 November 1975 - September 1978 UNIVERSITY EXPERIENCE AND AWARDS Academic Years: 1972 - 1973 1973 - 1974 1974 - 1975 Sept. 1973 - May 1974 PROFESSIONAL LICENSURE December 1982 - Present PROFESSIONAL ASSOCIATIONS May 1981 - Present June 1979 - Present PERSONAL REFERENCES University of Miami School of Medicine Position: Counselinq Psychologist (Faculty) Responsibilities: Design and implement intervention strategies in three different modalities: cigarette smoking, weight control, and stress management for clients participating in heart attack prevention research (Multiple Risk Factor Intervention Trial). Supervise counseling staff members who conducted individual and group sessions in smoking cessation, stress management, relaxation therapy and assertiveness training. Administer client referal service program. Develop and direct in-service program on assertiveness training and counseling skills. Dean's List University of Miami Coral Gables, Florida Recipient of the J.F.K. Academic Achievement Scholarship Mental Health Counselor (l4H-0000280) American Psycholoqical Association American Personnel & nuidance Assoc.. Dr. Jose Valle 442-8800 Dr. Terence Gerace 547-6932 Dr. Mark Axelberd 442-8800 Mr. Carlos Garcia 284-4303 (4) Fri-1115 Developer Coconut Grove Seaport LTD., Inc. 1150 N.W. 72nd Ave., Suite 350 G Miami, FL 33126 Agreement to Commission: Tom Smith / Artist _ 3060 Indiana Street The Project Coconut Grove Seaport commonly known as "Merrill Stevens" located at 2640 South Bayshore Drive, Miami, Florida. Date of Agreement fiiarch 31 1987 I. Service of the Artist': !mx-yl i c A. -Use of two oVIY renderings as to project the visual layout and elevations of the site. 2. Service of the Artist after bid and project is awarded: None. 3. The Artist will provide: Two oil renderings of the site to be used in promotion, with the City of Miami, any prospective leasing tenants, and any photos of the renderings that might be needed in order to promote the project. enem,n•lIt, ':+rll 15, 94g7 7.7e .artist will �7e reiml--iTscd for `-e cost of �littnle prints _s neeass--ry. 8'-4115 4 4. Compensation to the: Artist / Tom Smith Consideration of the service provi6e6, the developer agrees to compensate the Artist / Tom Smith with .a 3% partnership in' the Coconut Grove Seaport Ltd., Inc. incorporated in the State of Florida on March 2, 1987 an assigned document number J59 755. 5. Guar-antee of Satisfaction: the Artist guarantees that th work shall fully satisfy the expectations of the Developer. If the Developer is not fully satisfied with the bid package, he may use another Artist and therefore, there will be no obligation on,the part of the developer. 6. Cancellation of the Agreement: if at any time during the course of the agreement, the rtrtist is unable to perform the work required stated, this agreement may be cancelled. 81 --111J 4% 7. Use in Promotion: The Developer acknowledges that the Irtist shall retain the right to use any Arist e Art/ Draj+jogp in the promotion of his own business, but in no relation are they to. be used until completion of the bid process with the City of Miami. 8. If this project is not expedited: by the City of Miami, the City Commission, or any other agendy of the City this contrct becomes null and void. And no fee will be charged back to the developer. 9. If the bid proposal is changed by the City of Miami or the developer these changes may be incorporates} -in-this project. 10. The Artist / Tom Smith must furnish to the Developer: Prior to April 15, 1987 Experience Statement, Financial Data and Bankruptcy Information, in order that this may be included in the proposal to the City of Miami. (attached document prepared by City and to be included in this contract). 87-iii5 11. Enter Agreement: This document sets forth the agreement between Artist / Tom Smith and the Developer Coconut Grove Seaport 1150 N.W. 72 Avenue, Suite 350 G, Miami, Florida 33126 and modifications to this agreement must be in writing and signed by both parties. Agreed this March 3I 1987 The xr`i -qt; Tnm Smi t3QAr- Tntjian S.t Coconut Grove F1. 33133 The Developer: Coconut Grove Seaport Inc. 1150 N.W. 72 Avenue, Suite 350 G Miami, FL 33126 "P-1H 2. ..nendment ?:E.xeed 'Upon on April 159 1987: The Artist is to receive a Payment of "400.00 from the developer no later than July 9, 1987 to cover materials expenses incurred in the execution of the two renderings. 11his fee will remain due in spite of the action of the city of — rmi commission, or in spite of the cancellation of any of^er parts of this contract , once the renderings are accepted by the developer for t::e presentation. Artist, r f Thomas Smith :7,oconut drove Seaport, Inc. 1150 N V' 72 Ave *-t, 33126 S 7-ili5 4 VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE 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 this questionnaire 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 in this questionnaire may be answered on the page on which the question is found or by attaching 8-1/2" x 11" 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 page number of the questionnaire to which the supplemental material is applicable. Board -mounted schematic drawings, not to exceed 30",x 40", should 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 in this questionnaire and authorizes the release to the City of any and all information sought in such inquiry or investigation. _ If an independent general contractor, construction manager and/or operational manager is to be involved, then the applicable pages of this questionnaire should be.completed for each such entity. 30 97--111J•-- N s-las S:ni th- ,lrtist/Renderer PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with boat yard facilities, marina facilities, and other commercial development. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, please also provide photographs or other i'.lustrative material depicting projects that will. demonstrate our 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. PROPOSER'S FINANCIAL DATA Financial Statement Proposer, owner -corporation proposer , and any person or business entity guaranteeing the performance of the proposer must attach a complete report, repaired in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all infor-44;ation shown. Suretv Information Has any surety or bonding company ever been required to perform -upon your default, Yes ( ) No ( X) If yes, attach a statement naming the surety or bonding company, -'ate, amount of bond, and the circumstances surrounding said default .tnd performance. '3A."KRUPTCY INFORMATION Have you ever been declared bankruptcy? Yes ( ) No ( X) if yes, state date, court jurisdiction, amount of liabilities, and ainrunt of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. ':,onas '71ith I. t'is artist/renderer for the Se port Inc. Is nresentation to the cit- co'?"tistion, has been uaintinq the "ia_-ai area waterfront for se•reral ycr%rs. iris paintings hanrr mostly in private collections and are ,Mold on a cori••linsion basis tCxou& personal con i!ctn Or it local art fostiv^ls. "r. 73mith also does renderin.--c o= sty.,-- desi -n and is W-illed in-'s'o•inc ^Iliel and other theatrical scene nnintin..- tec:ininucs. rt ::or::s loch lly Ps t'-,^ ':(,ad of It.:^.e art de pn r Lment of ' 'ia•ii 'O t.:.-ecraf t, a local scenic contractor. "is wort: hn.s been on ever:- st,^ -e in tl±e nroa incl�idin,; t?,e ""ia.+ai earn, and t^e settinr_s of the recent Miss " S?! and .'iss 7 niverse rr ents at Center. : e also woe's for ot::er contract -ors in Ow ''Or': "Olan's Scenic) and nu -serous reCional Vnea tre. `-fie 2e ':r. 19' * income came from 3 sources: `'roc ',';le sale ?nd commission of art work 109 982. oo :•:)- ^esiLr:: wort: (TI-eatre related) L 3,000-oo 1--y Scenic contractors ::ew York, ? olan's Scenic 8,U39.00 ::iarli, "ievni Statecraft, inc. 234,C0!51.00 total 145, 377. 00 ..r. Snit^ ^�'+id a total of 7,50,.00 in Federal income '_fix. 000 ' "is �,arl!- ScnstS In C:+eC''ing total approx.3, .00 k A"lerifirst . A ' aln�-ce re ,ai.ns due on a personal credit line of 5,500.00 'klerifisrst) '.1401 `,.onal firn�eed credit accounts bank credit card. dnnart�ent storm c'ni14 ` card: ,etc) '-alanee totals ^pprox. o0 r. t?-. •�•nts a in ^oconlit ^•rove for ir'?.00 mont"1•'. tr':e and f-ir tt'n- dor.—ir,,,i.C2i� e T10"'as 8 7'-1115 Sao �aS Sri t: i:r`is t 1-enc'srer PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 = Name: Frank "artin Firm: "iami Statecraft, Inc. (a scenic contractor) Title: owner/manacer Address: 2,955 1:a.st 11 Ave, ::falea.h, I Telephone : ( ) e36-9350' Nature and magnitude of purchase, sale, loan, business association, etc.: homas Smith heads the Part dept. of his company when in production. A long business association,:i:24 L•'artin is aware of and could serve as reference to t:,e success of many of -r. smith's endevors, "r. Smith has niso made :n-, Reference No. 2 r,aterials and supple purche.ses Vhrour-h "ia-ni Sta�ecr-ft. Name: - -- Firm: t•neri-first !'-.ank' Title: Address: 3rd ',.ve _. Telephone: ( ) ?17-0291 Nature and magnitude of purchase, sale, loan, business association, etc.: cu_-- r.3•-conn1 c•-eIit lia_ wit:± _ .:a1�-nce of 5,000 duc 01 8'7--1115 Reference No. 3 Crane: �. •. _ , 1J L U b Firm: "ia-ni 0,we n Tnc Title: 'xodnetion --inna:-er Telephone: ( ) 115h 1643 - Nature and magnitude of purchase, sale, loan business association, etc. die ''i,-mi C.*iara has' contracted :,r. Smith in' the past of drawing. Also a long tines assocs tion and has contracted 'iiami Sta-ecraft several tine. Reference No. 4 Name: = • 7'alph Firm: _ It 1ph -a?es ,10"al >siL-ns - surfeide Title: o``'ner Address: Telephone: ( ) n` 6349 Nature and magnitude of purchase, sale, loan business association, etc.: .. .,..e. �e nnh++•ten+e� -ni t%a in t--a- naSt for art -work /desim. .In .2r ticula.r, on *rt for :orthy� Linden's Wrt,- of sec 30. 19g5 totalled -+� i d in ! a_r. t in 1 �$5 and 1916. 9 7-1115 Appendix C Construction Management Information 9 7--1115 PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER = Name, address and telephone number of contractor or construction manager: Name: ,,.p. ;.:. CO,Ist.rIIction 111c. dba U.MeElroy & Company Street Address: I15C !!.W. 7� i,.;.c.`ai I'1 Suite 35C �r 3312;, Mailing 2I II Lric';ell Ave l,liami P1 Suite 215 331'e9 Address: Telephone: (305) 854-8190 Names of principals and their titles who will be chiefly responsible for design and engineering of the project. RaNnaond McElroy Name Name Name President Title Title Title Names, addresses, and telephone number of other consultants who will have a major role in the project. C ! �- Name of Firm Arapon Ave. Suite I' Street Address Coral Gables P1. Ma ling Address . Zip Code ( 3(5) 44-3-)493 Telephone Number Robert Chisolm Name of Principal contact Name of Firm Street Address Mailing Address Zip Code Telep'.:one Number Name qf Principal Contact A7--ii.15 Refure to Appendix A Resume And Clientist 1 EXPERIENCE STATEMENT OF'PROPOSER'S CONSTRUCTION MANAGER Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. FINANCIAL DATA FOR PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Financial Statement - Attach a complete. report, prepared in accordance- with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person br entity covered by the statement must be prepared to substantiate all information shown. �- Surety Information . Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No (::) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and 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. •ole 8 7-1115 w 1 PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Juan Dalmau Firm: Hialeah Air Inc. Title: President Address: 7800 W 25th Amp., Hialeah, Florida Telephone: ( 305 ) 821-0461 Nature and magnitude of purchase, sale, loan, business _ association, etc.: Sub contractor - A/C MJD Universal -PH Suite Reference No. 2 Name: Vivian Ricado Firm: Florida National Bonk Title: _Personal Banking Relp Address:. 1313 S. Miami Ave., Miami, Fla Telephone: (305 ) 545-3280 Nature and magnitude of purchase, sale, loan, business association, etc.: General Account 8'7-1115 Reference No. 3 Name: Rafael Hernandez Firm: -I1-50—N�►U ?2-Ave,Suite PH, Miami, FL 33126 Title: Vice President Telephone: ( 305) 591-2351 Nature and magnitude of - purchase, sale, loan business association, etc. Complete Buildout of their penhouse' suite Reference No. 4 Name: r 1 on rri n Firm: Volkswagen Interamerican Title: Risk & Ins. Manager Address: 1150 NW 72 Ave, Suite 200. Miami. PL 33126 Telephone: (305 ) 592-4980 Nature and magnitude of purchase, sale, loan business association, etc.: Complete build out of their office suite 8 7--1ii5 V) �� ORL COURIER m World Courier. Inc. 7270 N.W. 12 Street Suite 100 Miami. Florida 33126 (305) 592.1544 (800) 432-1233 April 6, 1987 Mr. Cesar Odio City Manager City Hall 3500 Pan American Drive Miami, Florida 33133 RE: Ray Mc elroy Dear Mr. Odio: We confirm that Ray F. Mac elroy was the general contractor last spring for our new offices at 7270 NW 12th Stseet. - we found Mr. Mad elroy's work to be of the highest quality, and we were especially appreciative of his efforts to get the subcontractors to finish ahead of schedule. In conclusion, we would highly reccomend the services of Mr. Mc.eiroy. Sinc s�ely, Patiste Gene Bronos Manager PGB/sh 8 7-1115 VOLKSWAGEN INTERAMERICANA 1:CLKSWAGEN INTERAMERICANA. S A. PO. Box 523985 MIAMI, FLOR DA 33152.3985 April 7, 1987 Mr. Cesar Odio City Manager City of Miami Miami, F1. Dear Mr. Odio: Upon the request of Mr. Raymond McElroy of R.F. McElroy and Co., we are glad to confirm that the construction ,;or.,. that they performed in our offices in 1986 was done in a satisfactory way. Yours truly, Gloria Harris Risk & Ins. Manager VOLKSWAGEN lN7ERAMERK;ANA S A 1150 NW 72ND AVE Sw1e M MIAMI FLORiDA 33126 1965 Tel 1305) 592-4980 telex 512499 W11 ?64811 RCA 9 7-1115 1 7 EMPOTOV Latin American Caribbean Division Suite 5X r t50 NW 72 Avenue Miami. R 33126 ('305) 591•7t92 Telex 1520 7 Emery UT — April 16, 1987 RE: RF McElroy & Co. 1150 N.W. 72 Ave Mr. Cesar Odio City Manager City Of Miami Miami, -Florida - Dear Mr. Odio: This is to verify that we have contracted the above captioned company at our office location for various jobs. we have been most pleased with its professional approach, timeliness in project completion and overall good managerial — skills in handling both human and material resources. We recommend the firm and will have no hesitation in using its services again when the need arises. :'lease contact me should you need further clarification or more information. Sirr4erY1 j.Yr , Carlos D. Coton EMERY WORLDWIDE Finance and Business Manager Latin American and Caribbean Division 8 7--1115 11 Appendix D Sublease Tenants INTERNATIOP "iL CRUISING CENTEF 4/14/87 Coconut Grove Seaport LTD. Inc. .1150 N.W. 72nd Ave. Suite 350-G Miami, F1. 33126 Dear Sirs: The International Cruising Centers Group has reviewed your prospectus and at this time we are in a position to commit to becoming your Marine Operator Leaser. i We understand that the required investment in this site is-$250,000 in equipment and the rent is $600,000.00 per year. In exchange for this remuneration we will have the exclusive right to purvey Dry Stock Storage, Marine Repair, j Sale of marine parts, and boat brokerage. i We intend -to form a new corporation: "The International Cruising Centers at the Coconut Grove Seaport" to handle this opportunity. As we have discussed, our company is a { black minority company with Miss Ruby Newbold as our I President and chief operating officer. We agree to active- ; ly participate in the City of Miami's Minority requirements in all phases of our operation. It is our plan to begin operation upon your possession of the property and conti ' nue marine repairs thru the construction phase so as to offer uninterrupted service to the Miami Marine Community. If there is any additional information that is required by j the City of Miami; we will be only too happy to provide it. We are wishing you success in obtaining this bid and to the successful completion of the lease negotiations. W -1115 (2) Sincerely, Tim O'Neill, Generalgr. 17101 S.W. 200 St. UU 1 _ Miami, F1. 33187 305-255-7441 . 0 9 7--iii5 REFERENCES OF PROPOSER'S .arine CONTRACTOR List two persons or firms with whom you have completed projects during the past three years. Reference No. 1 , Name: Steve'Gresham Firms Performance Marine Title: Manager Address: 7701 N.W. 54 St. Miami, F1. 33166 Telephone: (305 592-1702 Nature and magnitude of purchase, sale, loan, business association, etc.: Past Customer Reference No. 2 Name: Winthrop Rockafeller III Firm: Allied Marine - Sea Rock 'Inc. Title: Chairman of the Board of Directors Address: 2051 N.W. 11 St. Miami, Fl. Telephone: ( 305) 643-0332 Nature and magnitude of purchase, sale, loan, business association, etc.: Past Customer 87--13.1J i Reference No. 3 = Name: Ted James Firm: Florida Yacht Repair 1583, N.W. 24th Ave. Title: General Manager Telephone: ( 305 ) 634-0641 Mature and magnitude of purchase, sale, loan business association, etc. Past Customer & Supplier Reference No. 4 Name: Cleve Jones Firm: Jones Boat Yard Inc. Title: President Address: 3399 N.W. S. River Dr. Telephone: (305 ) 635-0891 Nature and magnitude of purchase, sale, loan business association, etc.: -Past Customer & Supplier i ' • 8'7--iii5 - The following is a further extension of the Marine Manager's responsibility: r— MANAGEMENT COMPANY FKARINE MANAGEMENT , Yard Surveyor Supply I Sales (Contract Supervision) Travel Lift Yard Parts Shipping/Receivin Yard Labor ISubcontracto 8'7-ili5 RESUME OF QUALIFICATIONS TIM O'NEILL November 1, 19S6 17101 SW 200 Street (305) 255- 744l "Upperdeck" lkliami, Florida 33187 (:..kR ER OBJECTIVE: A Career opportunity in an environment of challenge, performance an, reward that will lead to greater responsibilities as profits contribute it) growth. PERSONAL DATA: . ,%REAS OF ENDEAVOR: AREAS OF GREATEST SUCCESS: INDUSTRIES AND MARKETS SERVED: Oldest of 10 Children Marital Status: Married, 3 Children (Ages 21, 8 & 3) Height: 591191 Weight: 165 Lbs. Eyes and Hair. Brown Business Administration Military Science Engineering Design & Marketing Sales of products & services in new or unusual situations where timer• performance and the ability to deal with the unexpected problem make the difference between profit and loss. CONSTRUCTION: Custom residential, church & school, mwrine and project management. MARINE: Commercial repair; Sales of products and services; Sales of pleasure craft, lxswer and sai:: Service Center Management and Charter Maintenance. PROPERTY: Scheduled maintenance; Machine Shop Service: Tenant negotiations: Repair Sup.-r%•ision: Ent.t:-v Management. MUNICIPAL: Emergency Repair of Drawbridges: Non•Metalic Bearings; Machine Shop Services. 8 7--1115 WORK EXPERIENCE: TTNI O'NEILL MARINE CONSULTANTS, INC. 17101 SW 200 Street "Upperdeek" Miami, Florida 33187 Position: Marine Consultant Duties: Sale of pleasure & commercial vessels; power and sail. Contract repair supervision for -iwners, Florida Ship (U.S.C.G. boats), Florida Yacht Basin and Allied Marine, Inc. Management of distressed marine properties. Marine Surveys for finance and insurance. Company development of new marine products, services and marketing techniques. Boat Show set-up and sales. A. M. T., INC. 2400 NtiV 39 Avenue Miami, Florida 33142 Position: Duties: PERDUE DEAN, INC. Plantation, Florida Position: Duties: Office \Manager 1980 - 1982 Salrss and supervision of commercial marine emergency repair and parts rebuilding. Sales, Service Manager 1979 Sale of power boats, new and used. Sales administrative responsibility for Marathon and Duck Key locations. Supervision of commissioning of boats sold by other bases and outfitted at Plantation Key locations. BISCAYNE YACHT SALES, INC. 2729 Biscayne Boulevard Coconut Grove, Florida 33130 Position: Service Manager 1976 - 1979 Commissioning of Morgan, Pearson and Irwin sail boats and Topaz power boats. Valuing and refurbishing of trade-in boats. Set up of seven or eight factory and company stands at major Boat Shows. Sale for new and used power and sail boats. 8 7-1115 -tv, N JOHN PAGE AND ASSOCIATES Office in the Grove Building 2690 Biscayne Boulevard Coconut Grove, Florida 33130 Position: Sail Brokerage/Sales Manager 1975 - 1976 Duties: Listing and se4ing sailboats over $25,000. Training new Yacht Brokers including State Exam preparation. Conducting weekly sales meeting for full and part-time Yacht Brokers. NATIONAL BOAT MART, INC. 790 S. Dixie Highway Homestead, Florida 33030 i i n: Location Manager 1973 - 1975 Duties- Managing retail sales location, responsible for profit and loss to Regional Manager. Sale of power boats 14' - 27'. Hiring and training of sales and service personnel. LADYLIKE, LTD. Thorne, Yorks United Kingdom Position: Area Manager 1967 - 1973 Duties: Management of four retail marine sales and service locations in North East England. Export of English pleasure vessels to Common Market. Construction of marinas and cruising centers. Sale of pleasure boats; power and sail. Profit and loss responsibility to Managing Director. Product specifications Assistant Manager. PAGE MARINE, INC. 1220 Roth Hill Drive Creve Coure, Missouri Position: Owner 1964 - 1967 u i s: Repair and sales of Iarge wooden powerboats. Supervision of new construction of steel powerboats and houseboats at Grafton Boat Yard; Grafton, Illinois. PERSONAL INTERESTS: Professional Associations and Non -Profit Organizations: Civil Air Patrol, Junior Achievement, Sea Explorers, Miami Marine Association and Propeller Club of U:S.A. 8'7-1.115 !97-1115 J14p Westland Aurance agency inc. ,P PROPERTY -CASUALTY- LIFE -HEALTH 6 MARINE April 7, 1987 Mr. Raymond F. McElroy Coconut Grove Seaport LTD., Inc. 1150 N.W. 72nd Ave., Suite 350-G Miami, FL. 33126 Re: Coconut Grove Seaport Coconut Grove, FL. Dear Mr. McElroy In our business relationship with the R.F.McElroy Co. we have found them to be very professional in their risk analysis and placement of insurance. The R.F. McElroy Co. is viewed by Westland Insurance Agency as a good risk. We have always found R.F. McElroy Co. to involve itself in quality projects. Westland Insurance Agency would be very pleased to review the Coconut Grove Seaport LTD., Inc. project with the intention of ultimately providing the insurance. Sincerel Frank J. Don _Vresident FJD/zg WESTLAND EXECUTIVE SQUARE BLDG. 1575 West 49th Street. Suite 224. Hialeah. Florida 33012. Ph. (305) 557-446B 8 7—ili5 Appendix G Review Letter • �i"i�.1.J 1 O fS.0000 � GREATER MIAMI MARINE ASSOCIATION SPONSORS OF MIAMI'S BOAT SHOWS IN THE GROVE Aprt1 14, [9R7 Mr. 9a,ymond McElroy R.P. "lcrlroy . !'ompan,y 1150 N.1-l. 72 Avenue Mt rnl. , P lorida 331 P6 nt-a r '^ r. McElroy: ,1(? apprenlat(-� they npportunl ty to review your proposal to dr.v�- lope, the Coconut 1 rove Sieapo rt. The ^ .ater Miami Martne Assoctation has as one of its primary ;oals the.enhancement and improvement o" the marine tnditstry and re la t.Pd water front facilities in Dade County. Your proposed protect appears to he a very responsihle effort that takes into constrle ration the concerns of our members. Ona fea tat re. of the Cononu t : rove Seaport that the boR tinfi community has ex pre:;sed a sincere need for is ti1P retention or a !'ull nervtce boat ;hard in the south Biscayne Bay area. 'ihe Coconu t (Irove Seaport Appears to he a well planned and -innscientious developemAnt that ran help lead MtRmi into the next. century with its best foot forward and t is seafaring heri tag;e intact. 'lest or luck with your efforts. Sin(iPrely, �l ;;ter ,Iiami *1artne 4ssoniation, Irir _7 Jar.k ►, lan r,y — / Pm:3iIt-.nr. w;) 526 WEST AVENUE. MIAMI BEACH, Ft 33139 (305) 531.0998 87-1115 w 0 Appendix H Partnership Statement 8 7'--1115 PROPOSER Name: Coconut Grove Seaport Ltd,, Inc. Address for purposes of notice of other communication relating to the proposal: Mailing: 2101 Brickell Avenue Suite 215 Miami, FL 33129 Business: 1150 NW 72 Avenue Suite 350G Miami, FL 33126 Telephone No. (305_) 59_4_-5852(305)854-8190 The proposer -is a: ( ) Sole proprietorship; ( ) Partnership; ( x 1 Corporation; or ( ) Other (explain below) Coconut- f_rne.. Ltd Inc II5C �'l r Ave Suite ~Cg • A'iami Florida 33126 CORPORATION STATEMENT If proposer is incorporated, answer the following: 1. When incorporated? march 2 I937 2. Where incorporated? St _te of F1_.-,r; d. a 3. Is the corporation authorized to do business in Florida? Yes ( x ) No ( ) 4. The corporation is held: Publicly ( ) Privately (X ) _ 5. If publicly held, how and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a)Number of voting shares: 6C .,(b)Number of non -voting shares: C (c)Number of -shareholders: (d)Value her share of Common Stock: — Par $ Book $ Market $ 7. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. If more than 5% of any class of stock is held by one or more corporations, then each owner -corporation must also complete separate pages (type corporation name on said pages for .identification purposes) and furnish the financial statement required on page. If said owner -corporation are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer - corporation. 8. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here See Below and also complete pages and if corporation type corporation name on said pages for identification purposes), furnish financial statement required on page for the individual or corporate guarantor. R.F. McElroy & Company Tom Smith C/S/R Chisholm, Santos, Raimundez Frank Batista t9'7--1115 Coconut Grove Seaport LTD, Inc. 1150 NW 72 A-1'4que Suite 350 Miami, FL 3:)_26 EXPERIENCE STATEMENT OF PROPOSER Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will be directly - involved in the project. In addition, please also include - photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. FINANCIAL DATA FOR PROPOSER Financial Statement Attach a complete report, prepared in accordance with good accounting -practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. - The person or entity covered by the statement must be prepared to substantiate all information shown. Suretv Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No (�) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and 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 litigation liens, proposal. sheets detailed information regarding pending or claims involving any participant in the 97-ili5 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of Organization Note Agreement_"Annendix A" 2. General Partnership (X ) Limited Partnership ( ) 3. Statement of Partnership recorded Yes ( ) No (x ) Date Book Page County State 4. Has the partnership done business in the State of Florida? Yes ( ) ..No ( x) 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/ Name Address Share General R.F. McElroy & Company 2101 Brickell Ave 73% Suite 215, Miami,FL General Tom Smith 3060 Indiana Street 3% Coconut Grove, FL General C/S/R Chisholm,, Santos, 3134 Coral Way 15% Raimundez Miami, FL General Frank Fatista 6% 6. Attach a complete copy of the Partnership Agreement. See attached Partnership Agreement. 87--iii5 Appendix I Management 87--1115 PROPOSER'S MANAGEMENT CONTRACTOR Name: To be contracted out at later date/with leasing Street Address: Contract Mailing Address: See Section I Organization Chart Telephone: ( ) Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Name Name Title Title Name Title Names, addresses, and telephone number of other consultants who will have a major role in the project. Name of Firm Name of Firm Street Address Mailing Address Zip Code Street Address Mailing Address Zip Code Telephone Number Telephone Number Name of Principal Contact Name of'Principal Contact 97-ili5 .0 I* Appendix F Market Analysis 87-1115 B MARINAS AND BOAT SERVICE FACILITIES ANALYSIS DESCRIPTION OF MIAMI 6tARINA A preliminary analysis of the market potential for additional marinas in the Dinner Key area revealed the following information and conclusions. There are three locations for marinas in the Miami area which were surveyed in order to deter- mine slip demand. The Miami harbor area contains four public marinas: the city -owned Miamarina with its 200 slips, the•Watson Island facility which has 45 slips, the Plaza Venetia Marina which contains: 193 slips,'and the Miami Yacht Club which .is a privately -owned marina. .The Dinner Key area contains several marinas including the Dinner Key Marina which contains 374 slips, the Coconut Grove Sailing Club consisting of 264 moorings and Monty Trainer's Marina which has 50 slips. This area is also serviced by two storage and service facilities, Merrill -Stevens which contains 52 slips, in addition to its dry clock repair and storage business, and the Grove Key Marina which is primarily a storage and repair facility which contains only six slips used for transient boats. Two additional marinas, the Biscayne Bay and Coral Reef Yacht Clubs are privately -owned and maintained. Two additional marinas located on Key Biscayne to the southeast of the Dinner Key area, must also - be considered in the inventory of Miami area marinas. Marina Biscayne contains 165 slips and the Crandon Park Marina, a county, -operated facility, contains 222 slips. The Key Biscayne Yacht Club is a private club also located in this area. Source Dinner Key Master Plan 1984 As amanded Jan 1985 prepared for; City of Miami prepared by; Bermello, kurki,-vera, inc. 97-ili5 U AVAILABILITY AND DEMAND FOR SLIPS Of the 446 available slips at the three marinas in the Miami Harbor -- Miamarina, Plaza Venetia, and Watson Island -- 304, or 60 percent, were occupied as of late December 1903. This relatively low occupancy level is primarily due to the individual nature of each of these facilities. The Miamarina is primarily a transient marina whose occupancy varies with the season, the Watson Island facility suffers from poor reputation and facilities, and the Plaza Venetia is a new marina which is relatively unknown. None of the dockmasters surveyed expressed additional demand for slips at their respective marinas. The Dinner Key area marinas contain 746 slips at the five facilities which have public access. -With the exception of Monty Trainer's which had less than five slips available, all of the avail- able slips were occupied. In addition to this existing demand for slips, waiting lists at the individual marinas indicated that there were 57 r owners desiring slips at the Dinner Key Marina, 108 boat owners needing moorings at the Coconut Grove Sailing Club and a definite, yet indeterminant demand for slips at the Merrill -Stevens facility. The 165 boats on these waiting lists represent 22 percent of the existing slips in the Dinner Key area. The two public marinas on Key Biscayne contaic a total of 387 slips and currently have on 84 percent occupancy with 325 boats. There is no additional demand at the Marina Biscayne and al- though no official records are maintaned at the Crandon Park Marina; however, there is excess demand for 30- and 50-foot slips. 97--iii5 There are currently 1,579 slips available in the Miami Harbor, Dinner Key, and Key Biscayne marinas and 1,373 (87 percent) are currently occupied. The desirability of the Dinner Key area is evident from its high occupancy level and Aocumented waiting lists. The proposed expansion f the Dinner Key facility from its current 374 .-;lips to 550 slips over the next three years should uatisfy the existing demand for slips as well as a portion of anticipated future demand. There will be, however, demand for additional sailboat moorings which has not been addressed by the proposed expansion of Dinner Key. Given the location of this marina relative to the Miami Harbor and Key Biscayne facilities, the Dinner Key .Marina represents the most logical location for future expansion plans due to its location in Miami, access to waterways, and quality of the amenities offered to ship owners, BOAT SERVICING FACILITIES Although most of the marinas offer some type of repair and fueling equipment, the two primary boat -servicing facilities along the Miami oceanfront are located in the Dinner Key area. The Merrill -Stevens Dry Dock facility primarily services boats in excess of 28 feet in length. Services include indoor and outdoor storage, haulout facilities, mechanical and electrical repairs, hull repair and paintshop, and sales of both new and used boats. The Grove Key Marina provides a dry storage facility which serves boats less than 28 feet in length and includes outdoor racks or pods and indoor storage facilities. This yard also provides a small repair 97-1:115 I facility which can accommodate 12 boats. In both j cases, the dockmasters indicated that there was a definite demand for repair facilities and an excess demand for storage space.. Table 19. OCCUPANCY LEVELS AND DEMAND roR SLIPS, DINNER KEY AREA, 1904 Number Of Slips/ !Occupied 8 E::.c Location/Facility Moog � Occu`pied Dema Miami 11arbor Miamar. na Plaza Venetia Watsop Island Miami Yacht Club Subtotal Dinner Kev Area 208 166 808 None 193 125 65% None 45 12 271 None N/A N/A N/A N/A 446 304 68% Dinner Key Marina 374 Coconut Grove Sailing Club. 264 Grove Key Marina 6 Merrill -Stevens Dry Dock 52 Monty Trainer's Marina 50 Biscayne Bay Yacht Club N/A Coral Reef Yacht Club N/A Subtotal 746 Kev Biscayne 374 100% 57 264 100% 108 6 100% Nonc 52 100% N/A 48 96% N/A N/A N/A N/A N/A N/A N/A 744 99% 165 Marina Biscayne 165 .135 82% Crandon Park Marina 222 190 06% Subtotal 387 325 84% Total 1,579 ,37 87% Source: fianuner, Siler, George Associates, None N/A ry 9 7-ili5 CURRENT MARKET CONDITIONS Representative Rental Rates and Sales Miami Retail Projects (� per square foot) Rental Rental Project Rates Range Sales Year Bat Harbour 35-40 - - 1983 Mayfair 35-40 - - 1983 Flagler Street - 4-100 80-3500 1981 Omni International 40-40 16-88 80-2500 1981 Bayside 42-49 - - 1986 Source: Report to the City of Miami, Bayside Specialty Center, Cooper & Lybrandt SALES PROJI:CI'LON COCONUT GKOH SEAPORT 1987 Sales Sales per Square Ft. 1987 Rent Range 1989 Averge Rent Number of Tenants Average Square Ft. per Tenant Space Allocated to Food Space Allocated to Retail Sources of Sales Residents Local Work Force Visitors Boating Public 10.4 Million 579 42 to 49 46 18 1,100 3,000 17,000 Source, Coconut Grove Seaport Market Study 22% 12% 45a 20% W--1115 ' 1 REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR 2540' SOUTH BAYSHORE DRIVE MiAM1,FLORIDA JANUARY.1991987 .CITY OF MIAMI Xavier\U Suarez, Mayor J.L. Plummer, Jr., Vice Mayor Joe Carollo, Commissioner Miller J. Dawkins, Commissioner Rosario Kennedy, Commissioner Cesar H. Odio, City Manager Prepared by: Department of Development 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 Tel. (305) 372-4590 Proposals Due: 2:00 p.m. Monday, April �0, 1987 TABLE OF CONTENTS I. PUBLIC NOTICE........... ............................. II. OVERVIEW A. Summary ......................................... Figure 1. Regional Location Map .............. Figure 2. Area Location Map .................. B. Development Objective .............•..........••. C. Site Description .......................•........ Figure 3. Project Location Map ............... D. Existing Facilities Description................. E. Commitment of Funds.... F. Unified Development Schedule .................... III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS A.'City of Miami Charter Section (53c)............. B. Definitions of Uses............. ................. C. Commitment of Services by the City .............. IV. PROPOSAL. SUBMISSION GUIDELINES, FORMAT, AND PROCEDURES - A. Proposal Development Considerations.•........... B. Proposal Format ................................. C. Proposal Submission Procedures .................. V. EVALUATION CRITERIA A. Review Committee Evaluation Criteria...•........ B. CPA Firm Evaluation Criteria.................... VT. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGRSEMEt+i'P............................... VII. DECLARATION .......................................... VIlle FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION ............................. APPENDIX A. Pertinent Legislation APPENDIX B. City of Miami Baywalk Design Standards APPENDIX C. City of Miami Minority and Women Pusiness Affairs and Procurement Ordinance No. 10062 EXHIBIT 1. Legal Description & Existing Site Plan EXHIBIT 2. Legal Description & Proposed Expansion Area Plan Page 1 2 3 4 2 2 5 6 7 8 8 12 12 12 18 19 20 22 23 29 30 9 7--1115 I. PUBLIC NOTICE The City of Miami is inviting interested parties to submit Unified Development project proposals for the planning and design, construction, leasing and management of approximately 12.57 acres of City -owned, waterfront property located at 2640 South Bayshore - Drive, Miami, Florida, for a full -service boat yard facility, marina, and ancillary marine -related retail use. The property - includes 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland extending into Biscayne Say. All proposals shall be 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 400, _ Miami, Florida. These documents contain 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, February 3, 1987, 10:00 a.m., at the Department of Development. 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, City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Monday, April 20, 1987, and will be publicly opened on that day. - The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re -advertise for new proposals. In 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 city, the 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. Adv. #;991 Cesar H. Odio City Manager 1 t�'7M-1115900 II. OVERVIEW A. Summary The City of Miami is extending invitations to qualified and experienced developers to submit proposals for development of a full -service boat yard facility, marina, and up to 20,000 square feet of ancillary marine -related retail use on approximately 12.57 acres of waterfront property at Dinner Key. Dinner Key lies in the southeastern quadrant of the City of Miami, Dade County, Florida, as shown in Figure 1. Regional Location Map and Figure 2. Area Location Map. The 12.57 acre site, located at 2640 South Bayshore Drive, Miami, Florida includes 10.88 acres commonly referred to as the Merrill =_ Stevens Dry Dock Company leased property. The 10.88 acre parcel is = comprised of 6.36 acres of upland and 4.52 acres of bay bottom contiguous to the upland extending into Biscayne Bay (refer to = Exhibit 1. Legal Description and Existing Site Plan). The City is offering an additional 1.69 acres of bay bottom as an option for - expansion of the existing marina facilities (refer to Exhibit 2. Legal Description and Proposed Expansion Area Plan). Proposals shall include planning and design, financing and construction of improvements appropriate to the character of the site and' the Dinner Key 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 of Miami. B. Development Objective The Unified Development program for the waterfront property offered for lease recognizes the need for preserving full -service marine facilities within the Dinner Key area on Biscayne Bay. This Request for Proposals document seeks a full -service boat yard facility, marina, and marine -related retail use of publicly -owned property, while enhancing public access to the waterfront. The City's Unified Development objective may be achieved by compatible public/private utilization of the property. Proposals shall effectively and efficiently integrate the commercial use of the property with increased physical and visual public access to the waterfront as well as preservation of public open space. C. Site Description The 12.57 acre City -owned waterfront Bayshore Drive within the Dinner Key Project Location Map. The property is site is located at 2640 South area as shown in Figure 3. bounded generally on the east 2 8 7--1115 EM TO NOMESTEAD AND OV WEST Figure 1. Regional Location Map 3 87--1115 UUooO�O����a w v COCONUT GROVE SAILING CLUB M N AY l l`d+ R is CORAL REEF YACHT CLUB 0 MONTY TRAINERS SOUTH BAYSHORE PROPERTY 0 KEY MARINA CITY OF MIAMI CITY HALL DINNER KEY (MARINA Figure 3. Project Location Map ii Is 4 by Biscayne Bay and generally on the west by City of Miami park property adjacent to South Bayshore Drive. Adjacent leaseholds on City -owned property generally to the south include Grove Key Marina and The Chart House Restaurant (sub -lease of Grove Key Marina). Miami City Hall is in close proximity immediately south of Grove Key Marina. Abutting the property generally on the north lies the City of Miami Department of Public Facilities and the Elizabeth Virrick Boxing Gym. Monty Trainer's Bayshore Restaurant and Marina is located generally to the north of the City offices separated by a surface parking lot. The 2640 South Bayshore Drive property is comprised of 6.34 acres of upland and 4.52 acres of bay bottom contiguous to upland extending into Biscayne Bay, commonly referred to as the Merrill Stevens Dry Dock Company leased property. The City will consider offering an additional 1.69 acres of bay bottom for marina expansion/reconfiguration purposes. The total bay bottom available is 6.21 acres. Total acreage of the property is 12.57 acres. The site is zoned PR -Parks & Recreation. The bay bottom acreage it a part of Biscayne Bay, an aquatic preserve. The Biscayne Bay Aquatic Preserve Act prohibits filling bay bottom. The successful proposer shall be responsible for obtaining a Major Use Special Permit from the City of Miami and approval from the Metropolitan Dade County Shoreline Review Board prior to construction. - D. Existing Facilities Description From 1949 to 1984, the 2640 South Bayshore Drive property was leased to Merrill Stevens -Dry Dock Company. Since the expiration of the lease agreement with the City in July, 1984, Merrill Stevens has continued to occupy the site as a tenant of the City with a 90-day notice provision to vacate. Existing facilities are shown on the property Site Plan included as Exhibit 1. Facilities include two steel frame and panel hangars built by Pan American Airways when it selected Dinner Key as the amphibious aircraft base for its Interamerican Operations. The larger of the two hangars includes 38,451 sq.ft. Dimensions are _ 211.5' in width, 181.8' in length and 54' in height. The larger hangar is currently used primarily to provide large boat dry storage. An upper loft level has been added for additional office space. The smaller hangar includes 18,562 sq.ft. Dimensions are 102,10' in width, 181.8" in length, and 37' in height. The interior of the smaller hangar has been altered to provide office space. Other facilities on the property include a one-story, 250 sq.ft. machine shop and miscellaneous small structures. 6 87-1115 "IN 7 The marina includes concrete docks containing 52 slips, a fuel dock and a dockmaster building. A seawall, 1,091.5 linear feet in length, forms the upland edge of the property. The property and facilities will be open for inspection to prospective proposers by appointment only. Contact Alberto Armada, City of Miami Property and Lease Manager, at telephone (305) 579- 6318 for an appointment. E. Commitment of Funds 1. City The City intends to provide no direct financing to the development. The City will enter into a property lease agreement with the successful proposer for the property. The lease term schedule is included in Section IV.A.2..of this document. The schedule in no case will allow the lease term to exceed the year 2012. The lease agreement will be structured to provide the City with a minimum annual guaranteed rent of $350,000 or a percentage of gross revenues, whichever is greater. City owned property is held in public trust and cannot be mortgaged or subordinated in any way as a part of the lease agreement. The City will consider, however, subordinating to a secondary position the lease payments to the extent -determined to be reasonable in helping the successful proposer obtain financing. To the extent that the annual rent payments are not met, they become deferred leasi payments to be paid to the City from future available revenues, but in no event later than at the end of the lease term. All leasehold improvements shall revert to the City upon the expiration of the lease term. 2. Successful Proposer The successful proposer is required -to provide equity and debt capital adequate to finance all aspects of the proposed Unified Development of the property. Proposals are expected to include adequate market and feasibility studies to allow assessment and evaluation by the selected certified public accounting firm as a part of the proposal review process. The successful proposer is required to renovate and upgrade existing marina facilities including repair and/or replacement of the = seawall. The successful proposer shall provide funding to reimburse the City for direct costs incurred in evaluating all proposal submissions, including appraisal fees and the professional services cost of a certified' public accounting firm selected by the City Commission. 7 N7-111.5 F. Unified Development Schedule (Anticipated) Issuance of Request for Proposals January 19, 1987 Proposal Pre -Submission Conference February 3, 1987 Location: Dept. of Development 10s00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline April 20, 1987 Locationt Office of the City Clerk 2s00 p.m. Miami City Hall 3500 Pan American Drive Miami, Florida Acquisition of Appraisals April 20, 1987 CPA Firm Evaluation of Proposals Complete May 18, 1987 Review Committee Meeting May 20, 1987 Review Committee Interviews with Qualified Proposers May 27, 1987 Recommendation from the Review . Committee and CPA Firm to the City Manager June 30, 1987 Recommendation from the City Manager to the City Commission for Selection of a Proposer July 9, 1987 III. PROPOSAL FORMAT AND LEGAL REQUIREM MS A. The CITY OF MIAMI CHARTER, Section 53(c), provides the followings UNIFIED DEVELOPMENT PROJECTS Definition Unified Development project shall mean a project where an interest in real property is owned or is to be acquired by 8 the City, and is to be used for the development of improvements, and where the 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 of Miami, one (1) or more of the following integrated packages: (i) Planning and design, construction, and leasing; or (ii) Planning and design, leasing, and management; or (iii) Planning and design, construction, and management; or (iv) Planning and design, construction, leasing and management. So long as the person from whom the City procures one of the above mentioned integrated packages 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. Re uirements -of Request for Proposals - Request for proposals for Unified Development projects shall generally define the nature of the uses the City is seeking for the Unified Development project and the estimated allocations of land for each -use. They shall also state the following: (i) The specific parcel of land contemplated to be used or the geographic area the City desires to develop pursuant to the Unified Development project. (ii) The specific evaluation criteria to be used by the below -mentioned certified public accounting firm. (iii) The specific evaluation criteria to be used by the below -mentioned review committee. (iv) The extent of the City's proposed commitment of funds, property, and services. (v) The definitions of the terms• "substantial increase" and "material alteration" that will apply to the project pursuant to subsection (e)(iv) hereof. 9 !9'7-1115 Ib (vi) A reservation of the right to reject all proposals and of the right of termination referred to in sub- section (e)(iv), below. (vii) Any and all requirements set out in Section 18-52.9(c) in the City of Miami Code and in Section 53(c) of the City of Miami Charter. (Refer to Appendix A.) Issuance of Request for Prc, orals; Selection o C.P.A. Firm; Appointment of Review Committee After public notice there shall be a public hearing at which the Commission shall consider: (i) The contents of the Request for Proposals for the subject Unified Development project; (ii) The selection of a certified public accounting firm, which shall include at least one member with previous experience in the type of development in question; (iii) The recommendations of the City Manager for the appointment of persons to serve on the review committee. Said review committee shall consist of an appropriate number of City officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the City Manager no fewer than five days prior to the above mentioned public hearing. At the conclusion of the public hearing the Commission shall authorize the issuance of a Request for Proposals, select a certified public accounting firm, and appoint the members of the review committee only from among the persons recommended by the City Manager. Procedures for Selection of Proposals The procedures for the selection of an integrated package proposal shall be as follows: (i) All proposals shall be analyzed by a certified public accounting firm appointed by the Commission 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. 10 87---WL5 N % (ii) 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 committee shall render a written report to the City Manager of its evaluation of each proposal, including any minority opinions. (iii) Taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the City Manager shall recommend one or more of the proposals for acceptance by the - Commission, or alternatively, the City Manager may recommend that all proposals be rejected. If there are three or more proposals and the City Manager recommends only one, or if he recommends rejection of all proposals, the City Manager shall state in _ writing the reasons for his recommendations. In transmitting his recommendation or recommendations — to the Commission, the City Manager shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified accounting firm and review committee. (iv) All contracts for Unified Development projects shall be awarded to the person whose proposal is most — advantageous to the City, as determined by the _ Commission. The Commission may accept any recommendation of the City Manager by an affirmative vote of a majority of its members. In the event the Commission does not accept a proposal recommended by the City Manager or does not reject all proposals, the Commission shall seek recommendations - directly from the aforementioned review committee, which shall make a recommendation or recommendations to the Commission taking into account the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the Request for Proposals. After receiving the 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 committee; or (2) Accept any previous recommendation of the City Manager; or (3) Reject all proposals. 11 -fl'7-si11S Execution of Contracts All contracts for Unified Development projects shall be _ signed by the City Manager or his designee after approval thereof by the Commission. The provisions of this Charter section shall supersede any other Charter or Code provision to the contrary. Right of Termination -- Section 53(e)(iv)s 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 the advisability of exercising that right. B. Definition of Uses Proposals must include a definitive development program _ including phasing, if any, 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. C. Commitment of Services by the City 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 (e)(iv) of Charter Section 53 "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. IV. PROPOSAL SUBMISSION GUIDELINES AND FORMAT A. Proposal Development Considerations Respondents to this invitation are advised that the following factors must be considered and adhered to in the development of pro ect proposals and will be critically evaluated. 12 87-1115 1. Development Objective Proposals must meet the City's development objective of - compatible public/private utilization of the Dinner Key _— waterfront property. Proposals must preserve, provide and maintain full service marine services for the boating community, and enhance public access to and — enjoyment of the Biscayne Bay waterfront at Dinner Key. _ Aesthetics of the development will be a prime _ consideration in the evaluation of proposals. Whether a proposal is to refurbish and expand existing facilities or to build new facilities, the City expects the architecture to respect the local environment and be responsive to the local climate. Of special concern _ is the facade and silhouette as well as landscape treatment as viewed from South Bayshore Drive. 2. Lease Term The lease term of an executed lease agreement between the City and the successful proposer will be structured according to the dollar amount of investment to the property by the successful proposer, as follows: For a minimum- -investment -of • $1.5 million, the lease _— term shall be 7 years plus one 3 year negotiated option to renew. For each additional minimum $500,000 investment, the base term of 7 years shall be extended by 3 years. The 3 year negotiated option to renew remains constant. i.e.: $ Investment A minimum of $1.5 million A minimum of $2 million A minimum of $2.5 million etc. Lease Term 7 years plus one 3 year negotiated option to renew 10 years plus one 3 year negotiated option to renew 13 years plus one 3 year negotiated option to renew In no case shall the lease term exceed the year 201�. 13 87--1115 1 Is 3. Use The principal uses of the property include a full - service boat yard facility and marina. The accessory use for the principal uses of the facilities includes marine -related retail space. (a) Principal Uses (i) Full Service Boat Yard Facility A full -service boat yard facility is herein defined as a facility offering boat hauling, storage, repair and maintenance services for boats greater than 28 feet in length.* Maximum boat size and weight are not limited by this RFP, but will be affected by local water depths. The facility shall offer the opportunity for individual boat owners to provide repair services, general maintenance and improvements independent of those provided by the operator. The boat yard facility must provide for full boat repairs including electrical, mechanical, plumbing, planking; rigging, carpentry, hull repairs, and engine repairs. The boat yard facility 'must include showers and restrooms for users. Hull repairs, painting, scraping and engine repairs must be conducted in full compliance with all applicable City, County, State and Federal regulations governing noise, odor and air pollution controls. While dry rack boat storage is not required to be contained within a covered structure(s), more favorable consideration will be given in the evaluation process to covered dry rack boat storage. (ii) Marina Facilities Proposers are required to renovate and upgrade the existing marina facilities including, but not limited to repair and/or replacement of the 1,091.5' linear foot seawall. The marina shall be renovated, operated - and maintained to a quality consistent with other first class marinas in the Miami Metropolitan area. The - marina facility shall include wet slip storage, launching and hauling provisions for boats greater than 28 feet in length. The adjacent leasehold, Grove Key Marina, has the' exclusive right at Dinner Key to haul and store boats up to and including 28 feet in length, per an existing lease agreement with the City executed April 1, 1976. 14 8 7-1115 � 1 Proposers are offered the option to expand the marina by an area of 1.69 acres and to redesign the piers to _ maximize the number of slips for wet boat storage that the marina may functionally accommodate. The marina shall include dockmaster services during - normal working hours to direct docking activities and for the sale and pumping of fuel. Provisions for twenty-four hour security, emergency fuel pumping services at the request of the U.S. Coast Guard, police, or other authorities as may be designated by _- the City of Miami, and fire -fighting equipment to provide emergency services in accordance with the City of Miami Fire Code. - (b) Accessory Use (i) Ancillary Marine -Related Retail Space Proposals may include as an accessory use for the _ principal users of the facilities a maximum of 20,000 sq.ft. of retail space to provide marine -related retail services including a maximum of 3,000 sq.ft. for food and beverage sales. Accessory commercial use of space is to be understood to be complimentary to the operation of a full -service boat yard and marina..., Marine -related retail space may include, but not be limited to such activities as a ships store, marine parts shop, marine electronics shop, yacht brokerage, boat dealers, fishing supplies, sail maker, 'charter services, marine apparel, and up to 3,000 sq.ft. of food and beverage sales. 4. Architectural Treatment of Facilities The City will consider proposals that include refurbishing of the existing hangar structures. Construction of new structures and/or refurbishing of existing hangar structures must be architecturally acceptable and will be critically evaluated in the selection process. Overall height of new structures shall be limited to 55 feet above grade including flood criteria. All new structures shall recognize the view corridor and public access requirements as set forth in the City Charter. While dry rack boat storage is not required to be contained within a covered structure(s), more favorable consideration will be given to covered dry rack boat storage in the evaluation process. 15 87-1115 1% 16 S. Site Improvements A public access easement with improved walkways, lighting, landscaping and seating shall be provided along the water's edge from north to south to reclaim public property for public open space and provide visual and physical connection to Miami's waterfront. The easement shall be a minimum of 20 feet wide and designed in accordance with City of Miami Baywalk Design Standards (Appendix B). The City recognizes the necessity to separate public access and boat hauling functions and will consider architectural solutions to such separations. As outlined in Section IV.A.3.(b) above, proposers are required to repair and/or replace the existing seawall. Parking 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. All site improvements must comply with all applicable code requirements. All signage shall be reviewed .ard approved by the City of Miami Planning Department. Proposers will be responsible for acquiring all required - permits and approvals. 6. Estimated Construction Cost A detailed construction cost estimate shall be furnished for the entire proposed development. 7. Project Financing Strategy The proposer is expected to provide financing for all building and site improvements including public spaces and amenities associated with the development. 8. Development Schedule Respondent must submit a schedule delineating the proposed development schedule for each significant improvement. Development should 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 implementation schedule. The timetable for completion of the proposed construction will be considered as well as the proposer's plans and commitment to minimizing the impact 16 9 -1115 of construction on use of the ,site. All proposed development must be completed within an initial specified time period; or if phased development is proposed, the successful proposer must post a bond to insure that additional phases will, in fact, take place as planned. Fifty percent of the proposed capital improvements must be completed within twenty-four months from the transfer of the leasehold property to the successful proposer. All proposed capital improvements must be completed within forty-eight months from the date of transfer of the leasehold property to the successful proposer. 9. Method of Operation The operation of the entire proposed development shall - be described. The description should 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 pages . of . the Proposers. Questionnaire = included in Section VIII. of this document must be completed by management contractors. 10. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and regulations, including City of Miami Ordinance No. 10062 (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. 11. Contract Terms Section VI. 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 with the City. Various standard City clauses are included in Section VI. and must be adhered to. 17 97-1115 0 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. B. Proposal Format Proposals submitted in response to this invitation must = include the following information: 1. Credentials (a) Identity of proposer, including the development team's organizational structure and names and addresses of principals. (b) Proposer's experience in development and management of specific types of uses proposed, referencing specific projects and proposer's role. (c) Evidence of proposer's financial capacity to undertake the project proposed. 2. Project Proposal (a) Development Plan: Description of all aspects of the plan Architectural character of the development Number of buildings and use, square footage, height Architectural features Methods of construction Number of wet storage boat slips Number of dry boat storage spaces Number of retail entities, type, square footage Parking requirements (b) Schematic Drawings (board -mounted not to exceed 30"x40"): Illustrative site plan Elevations, sections and floor plans While perspective isometric illustrations are not required, submissions will be accepted for review. No model will be accepted for review. (c) Schedule of Project Amenities (d) Project Management Plan (e) Project Development and Operating Pro Formas including Proposed Lease Payments (f) Project Implementation Schedule 18 9 7-1115 0 9 3. Additional Requirements (a) Declaration, Financial Disclosure and Professional Information as detailed in Sections VII. and VIII. of this document. (b) A response to all applicable aspects of the contract Terms and Conditions as detailed in Section VI. of this document. (c) A $350,000 minimum annual guaranteed rental payment to the City or the dollar amounts for payment to the City of a percentage of gross revenues collected, whichever is greater. (d) A schedule including all steps of planning and design, construction, and operation. (e) Letters from financial institutions documenting the proposer's ability to finance the proposed development. (f) Letters indicating the proposer's ability to obtain required bonds and insurance. (g) Letters documenting the proposer's and development team's past experience in related development and management. (h) Resumes of key individuals to be involved in proposed development. (i) Documentation of minority participation pursuant to the goals set forth in City of Miami Ordinance No. 10062. C. Proposal Submission Procedures Proposal submissions marked "Unified Development Proposal for 2640 South Bayshore Drive Property, Miami, Florida" must be addressed to: John E. Gilchrist Director Department of Development City of Miami Proposals are to be received at: Office of the City Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 19 8 7-1115 Twenty (20) copies of bound proposals and one set of board - mounted illustrations are required to be submitted by 2:00 p.m., Monday, April 20, 1987, to the Office of the City Clerk. Sections VII. and VIII. include forms that must be submitted along with the development proposal. The time deadline -and location will be firmly adhered to. No proposals shall be received after 2:00 p.m., April 20, 1987, or at any other City office location except the Office of the City Clerk. A non-refundable cashier's check for $1,500 shall accompany each proposal submission. These funds are intended to cover actual expenses for advertising, printing, and mailing incurred by the City in preparing and issuing this Request for Proposals. Funding for expenses incurred in evaluating proposal submissions, in excess of the application fees collected, shall be reimbursed the City by the successful proposer as described in Section II.E.2. V. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Section III. and Appendix A. of this document. The City of Miami Commission, consisting of five elected officials, including the Mayor, will select the successful - proposer based on the recommendation of the City Manager. At a public hearing held January 8, 1987, the City Commission authorized the City Manager to issue this Request for Proposals and at a public hearing held December 11, 1986, appointed a review committee from recommendations submitted by the City Manager and further selected a certified public accounting (CPA) firm, both to evaluate submitted proposals. The review committee established by the City Commission at the public hearing will render a written report of its evaluation of proposals to the City Manager. The review committee shall evaluate each proposal based on the criteria established herein. The committee has the authority to recommend none of the bids if it deems them not to be in the best interest of the City of Miami. However, the committee shall have to explain its reasons for such a decision. A. Review Committee Evaluation Criteria The following specific evaluation criteria matrix shall be used by the review committee: all 8 7-IM5 is 1 Experience of the proposer ..............•.......♦.15$ Capability of the development team................15$ Financial capability, level of financial commitment ....... Financial return to the City......................20$ Overall project design ..................•.•..•,•,•20% 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: I. Experience of the Proposer (15%) _ (a) Qualifications and experience of the proposer in development and management of marina and boat yard facilities (b) Specific experience of the proposer in development and management of .the types of..uses proposed__. 2. Capability of the Development Team (15%) — (a) Qualifications and experience of project managers, team members and consultants (b) Specific experience of the development team in relationship to work on development and management of the types of uses proposed (c) Quality and organization of management team, method of providing operations and maintenance 3. Financial Capability, Level of Financial Commitment (20%) (a) Demonstrated financial capability of the development team (b) Financing strategy (c) Access to construction and permanent financing (d) Development schedule 21 9i-1115 0 a 4. Financial Return to the City (20%) (a) Annual lease payment including a guaranteed minimum annual rental payment in an amount of $350,000 or a percentage of gross revenues, whichever is greater (b) Dollar value and extent of capital improvements — (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 the character of the larger Dinner Key waterfront (c) Appropriateness and quality of the design of new structures and/or refurbishing of existing hangars (d) Treatment of dry rack boat storage (e) Imaginative and creative treatment of architectural _ and site design of .public. access to. and .design..of public spaces, exterior spaces, circulation, view corridors, landscaping, graphics, signage, and lighting. - (f) Efficiency of site design and organization, compatibility of uses 6. Extent of Minority Participation (10%) (a) Minority participation within the development and management team (b) Contracting and hiring practices (c) Opportunities for minorities, hiring outreach and training opportunities in relation to management operation and maintenance of facilities B. CPA Firm Evaluation Criteria The certified public accounting '_'irm selected by the City Commission will evaluate 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. 22 8►7-1115 1, Additionally, they will assess the proposer's market analysis and evaluate the economic feasibility of the proposed __— development. The CPA firm will render an independent report of its findings to the City Manager. VI. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT Upon authorization of the City Commission, the City Manager or his designee si►all negotiate all aspects of a lease agreement including design and engineering, construction, and management with the successful proposer. The contract shall address, but not be limited to, the following terms and conditions: 1. Lease Term A lease term based on the schedule included in Section IV.A.2. of this document. In no case will the lease term exceed the year 2012. 2. Rent Annual minimum guaranteed rental payment of $350,000.or a percentage of grose'revenues, whichever is greater. Payment schedules Right to audit No counterclaim or abatement 3. Insurance Types of insurance to be carried by the lessee Certificates of Insurance: Evidence of compliance with the insurance requirements shall be filed with the Risk Management Division of the City of Miami prior to execution of the lease agreement. Such insurance shall- be subject to the approval of the Risk Management Division. All insurance policies required must be written by a company or companies rated at least "A" as to management and Class "X" as to financial strength, in the latest edition of the Bests Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance with the insurance requirements shall not relieve the successful proposer of its liability and obligations under this section or under any other portion of the Management Agreement. 23 8 7-1115 a Non -cancellation clause: The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially changed without sixty (60) days advance written notice to the City. Written notice shall be sent to the Risk Management Division, Department of Finance. Damages or loss to successful proposer's personal property: The successful proposer releases the City from any and all liability, cost or expenses for damage, or loss to the successful proposer's personal property for any cause whatsoever. Right of City to obtain insurance Non -waiver of lessee's obligations 4. 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 for 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. 5. Indemnification The successful proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City 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, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 24 8 7-1115 6. Assignment of Lease No assignment of lease agreement or any portion or part thereof, except by and virtue of action taken by the City Commission.' 7. Restrictions on Use Authorized principal uses = Authorized accessory use 8. Design, Engineering and Construction of Improvements Description of Improvements Developer's obligation to Construct Improvements Submission of Construction Documents Review and Approval of Construction Documents Changes in Construction Documents Submission for Building Permit Contract(s) for Construction Conditions Precedent to Commence Construction Commencement and Completion of Construction Improvements Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation — 9. Preparation of Premises for Development - Property offered for lease "as is" Developer assurance 10. Operation and Management of Leased Premises Description of premises Operation and maintenance standards 11. Equity Capital and Mortgage Financing Sufficient Funds to Construct Improvements Notification of Securing Sufficient Funds Lessee to Furnish Name and Address of Mortgagee _ Lessee to Notify City of Other Encumbrances Rights and Duties of Mortgagee 12. Public Charges/Fees/Taxes Covenant for Payment of Public Charges Evidence of Payment of Public Charges 25 !97-1115 Utilities: The successful proposer shall pay for all utilities consumed on the premises as well as connection and installation charges thereof - Property Taxes: The successful proposer shall pay all taxes on all improvements 13. Maintenance, Repair and Replacement Maintenance and Repair Reserve for Replacements - Waste _ Alterations of Improvements 14. Condemnation Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 15. Default - Termination Default by Lessee Default by City Obligations, Rights and Remedies Cumulative Non -Action or Failure to Observe Provisions Hereof Non -Performance Due to Causes Beyond Control of Parties Surrender of Premises Ownership of Equipment and Furnishings on Termination Party in Position of Surety With Respect to Obligations 16. Examination of Premises The successful proposer agrees to permit the City Manager or his designee to enter the premises at any time for any purpose the City deems necessary to, incidental to or connected with the performance of the successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 17. Audit Rights The City reserves the right to audi- the records of the successful proposer with respect to the management agreement at any time upon reasonable notice during the performance of the agreement. 26 !9'7--110 18. Award of Agreement The successful proposer warrants that it has not employed or retained any person employed by the City to solicit or secure the lease agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City _ any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of - making the lease agreement. 19. 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. 20. 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. 21. 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 management agreement be promulgated. 22. Compliance with Federal, State and Local Laws The successful proposer shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 23. Minority Procurement Compliance The successful proposer acknowledges that it. has been furnished a copy of ordinance No. 10062, 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. P% 87-4115 24. Miscellaneous Recognition of Mortgage Requirements Notices Provisions of Law Deemed Included How Agreement Affected by Provisions Held Invalid Applicable Law and Construction Amendments Gender and Number Mortgageable Leasehold Certificates Non -Disturbance and Attornment Agreements Memorandum of Lease Reasonableness Arbitration - Good Faith Binder Correction or Modification of Descriptions 28 VIZ. DECLARATION - Cesar H. Odio City Manager City of Miami, Florida Submitted- 1987 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 instruction 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) i -i a 29 8%..1115 1 `J VIII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE 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 this questionnaire is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracy or misstatement shall be cause for rejection of proposal. Statements and answers relating to each question in this questionnaire may be answered on the page on which the question is found or by attaching 8-1/2" x 11" 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 page number of the questionnaire to which the supplemental material is applicable. Board -mounted schematic drawings, not to exceed 30" x 40", should 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 in this questionnaire and authorizes the release to the City of any and all information sought in such inquiry or investigation. If an independent general contractor, construction manager and/or operational manager is to be involved, then the applicable pages of this questionnaire should be completed for each such entity. .30 t7-1115 PROPOSER Name: Address for purposes of notice of other communication relating to the proposals Telephone No. ( ) The proposer is a: ( ) Sole proprietorship; ( ) Partnership; ( ) corporation; or ( ) Other (explain below) 3 I I 87 -1115 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of Organization 2. General Partnership ( ) Limited Partnership ( ) 3. 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 6. Attach a complete copy of the Partnership Agreement. tom'--1115 CORPORATION STATEMENT If proposer is incorporated, answer the followings I. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No 4. The corporation is held: Publicly ( ) Privately ( ) S. If publicly held, how and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a)Number of voting shares: (b)Number of non -voting shares: (c)Number of shareholders: _ (d)Value per share of Common Stocks Par $ - Book $ Market $ 7. Furnish the name, title, address and the number of voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. if more than 5% of any class of stock is held by one or more corporations, then each owner -corporation must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on page. If said owner -corporation are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required on page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer - corporation. B. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here and also complete pages and if corporation type corporation name on said pages for identification purposes), furnish financial statement required on page for the individual or corporate guarantor. 8°7--1115 PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with boat yard facilities, marina facilities, and other commercial development. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage ownership, and any such facilities currently managed by you. In addition, please also provide photographs or other — illustrative material depicting projects that will demonstrate our 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. PROPOSER'S FINANCIAL DATA Financial Statement Proposer, owner -corporation proposer , and any person or business entity guaranteeing the performance of the proposer must attach a complete report, repaired in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual-income­statement.- The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform upon your default, Yes ( ) No ( } _ If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. BANKRUPTCY INFORMATION Have you ever been declared bankruptcy? 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. 9 7-1115 0 • PROPOSER'S REFERENCES List four persons or firms with whom you have -conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Firms Title: Addresss Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: Reference No. 2 Name: Firm: Titles Address: Telephones ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: 8 7-110 Reference No. 3 Names Firms _ Titles Telephones ( )� Nature and magnitude of purchase, sale, loan business association, etc. Reference No. 4 Names Firms Title: Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan business — association, etc.: _ i 1 9 7-1115 0 PROPOSER'S ARCHITECT/ENGINEER Name: Street Address: Mailing Addresss Telephone: Names of principals and their titles who will be chiefly responsible for the design and engineering of the project: Name Title PROPOSER'S ARCHITECT/ENGINEER Name: Street Address: Mailing Address: Telephone:( ) Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Name Title Name Title Name T tle Names, addresses, and telephone number of other consultants who will have a major role in the project. 8 7-1115 Name of Firm Name of Firm Street Address Street Address Mailing Address Zip Code Mailing Address Zip Code c i c i Telephone Number Telephone Number Name of Pr nc pal Contact Name of Principal Contact e EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT/ENGINEER = Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. REFERENCES OF PROPOSER'S ARCHITECT/ENGINEER List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Title: Address: - Telephone: ( ) Nature and magnitude of business association: Reference No. 2 Name: Firms Title: Address: Telephone: ( ) Nature and magnitude of business association: 9 7--1115 A III PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of contractor or construction manager: Name: Street Address: Mailing Address: Telephone: ) Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Name Name Name T tle Title Title Names, addresses, and telephone number of other consultants who will have a major role in the project. Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact Z9'7-i115 N EXPERIENCE STATEMENT OF PROPOSER'S CONSTRUCTION MANAGER Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. - FINANCIAL DATA FOR PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Financial Statement Attach a complete report, prepared in accordance with good —. accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information - Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and 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. 8 7-1115 0 REFERENCES OF PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER List two persons or firms with whom you have completed projects during the past three years. Reference No. 1 Name: Firms - Title: Address: Telephones A Nature and magnitude of business associations �Reference No. 2 Names Firm: Titles Addresss Telephones = Nature and magnitude of business association: 8i-1115 0 0 PROPOSER'S MANAGEMENT CONTRACTOR Name: Street Address: Mailing Address: Telephone: Names of principals and their titles who will be chiefly responsible for design and engineering of the project. Name Name Name T tle T tle Title Names, addresses, and telephone number of other consultants who will have a major role in the project. Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact Name of Firm Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact 7 EXPERIENCE STATEMENT OF PROPOSER'S MANAGEMENT CONTRACTOR Describe in detail the duration and extent of your experience with special emphasis upon experience related to boat yard and marina facilities development. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project. 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. FINANCIAL DATA FOR PROPOSER'S MANAGEMENT CONTRACTOR Financial Statement Attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and 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. t�'7-1115 REFERENCES OF PROPOSER'S MANAGEMENT CONTRACTOR List two persons or firms with whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Titles Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.s Reference No. 2 Names Firm: Title: Address: Telephones ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: 8 7--1115 �J APPENDIX A. Pertinent Legislation APPENDIX B. City of Miami Baywalk Design Standards APPENDIX C. City of Miami Minority and Women Business Affairs and Procurement Ordinance No. 10062 87-1115 V. _ },• !me'µ;..:: �•r•-!p`..ti�.`'�'+ . i APPENDIX A — 12/30/86 RESOLUTION No. 87 - 4 5 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE UNIFIED DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY MARINE -RELATED RETAIL USE Oa AN APPROXIMATELY 12.57 ACRE CITY-OWIIED WATERFRONT PARCEL INCLUDING 6.36 - ACRES OF UPLAND AND 6.21 ACRES OF — BAY BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. WHEREAS, the City of Miami Charter Section 53(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, on October 7; 1986. by Resolution No. 86-808, the — City Commission determined.that the development of approximately 12.57 acres of City -owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayshore Drive, Miami, Florida, would best be accomplished using the UDP process for a full - service, boat yard facility, marina, and ancillary marine -related retail use: and WHEREAS, Section 53(c) of the City Charter requires that the City commission hold a public hearing to consider the contents of the Request for Proposals (RFP): and WHEREAS, Section 53(c) further authorizes, at the conclusion of the public hearing. issuance of a RFP, selection of a certified public accounting firm, and appointment of members to a review committee from persons recommended by the City Managers and WHEREAS, on December 11, 1986. the City Commission held a public hearing to consider the contents of the RFP and at its conclusion, selected a certified public accounting first and appointed members to a review committees • CMI COMSSION NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION F THEI:ITY' OF OF MIAMI, FLORIDAs JAN 8 iq8? smu►au %- 8 7 -is F 8 7--1115 Section 1. The City Manager is hereby authorized to issue a Request for Proposals, in a'form acceptable to the City Attorney, for the Unified Development of a full -service boat yard facility, marina, and ancillary marine -related retail use on approximately 12-S7 acres of'City-owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous .to' the upland located at 2640 South Bayshore Drive, Miami, Florida. Section 2. Said Unified Development project may include the following elementse - Planning and -design, construction and leasingr or - Planning and design, leasing and managements or - Planning and design, construction, and managements or - Planning and design, construction, leasing and management. PASSED AND ADOPTED this Oth day of January 1987. •�' XAVIER L.. SUAR , Mayor '.Ae ATTEST f mwv ' • ; `•'>'': • c• � „j may' , . •� :. � ` i- ;.. PREPARED AND APPROVED BYs AP OVED AS O FORM AND CORRECTNESS, CHRISTOPHER (;, KUH(;E LUCIA A• OUGH�RTY • AseistAnt City Attorney City Attorney \ 4 �....� Y l ...� t • '•~lib...: j''. •'' ems• i _ - - • . :ram• � .. _ 'It. . t. i �'•' — 2- - 814 5 i 0 . # �'�, • � `�?��3 frL'�! "• ^i'i.`:�.'�+`+`sue; i •i''•. .L4•• ..ice ' ''r•Li • ♦,. - '»sty:^�i• „•. yA:�:.�'a•"��' i - y ,; : `•��. Sri' . � � ° r.':{•-j I ..l 1 J-86-1044 11/26/86 RESOLUTION NOIN -101 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A UNIFIED DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY MARINE -RELATED RETAIL USE ON AN APPROXIMATELY 12.57 ACRE CITY -OWNED WATERFRONT PARCEL INCLUDING 6,36 ACRES OF UPLAND AND 6.21 ACRES OF DAY BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH SAYSHORE DRIVE, MIAMI, FLORIDA; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION 53(c). WHEREAS, the City of Miami Charter Section. 53(c) allows for "Unified Development Projects" where or 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, or. October 7. 1986, by Resolutior, No. 86-808, the City Commission determined that the development of approximately 12.57 acres of City-owr•ed, waterfront property ircludirg 6.3b acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayahore Drive, Miami. Florida. would be+t be accomplished usir•g the UDP process for a Iull- evrvl+'a, host yard fai-111ty, marina, nrd ancillary marine -related retail use; and WHEREAS, Section. 53(c) of the City Charter requires that the City Commission hold a public hearing to consider the contents of the Request for Proposals (RFP); and WHEREAS, Section. 53(c) further authorises, at the corclusior• of the public hearing. issuance of a RFP selection of a certified public accounting firm, and appointment of senbers to a review committee from persons recommended by the City Manager: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt CITY COMMUSSION MEETING OF 1 DEC 11 i9oo t t0 WWII Ma.eV� 0 Z f Section 1. The City Manager is hereby authorited to issue a Request for Proposal a, -In a fore acceptable to the City Attorney, for the Unified Development of a full -service boat yard facility, marina, and ancillary marine -related retail use on approximately 12.5? acres of City-ovned. waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayahors Drive, Miami, Florida. • Section 2. Said Unified Development project may include the +., r�•.,.t�.;r:ps•.�s::.��+�;.•+, following elementst - Planning and design, construction and leasing; or - Planning and design, leasing and management; of - Planning and design, construction, and management; or - Planning and design, construction, leasing and =` management. - •,�•,•,`ti,•••,.•', i, Section. 3. The certified public accounting firs of •r ,.tiR�+�':�.?�'i=';`i •,, Arthur Andersen t Co. subeonsulting with Sharpton, Brunson i Co. and = Verdeja, Iriondo, i Gravier. is hereby selected to analyse said proposals and render a written. report of its findings to the City Manager. ' + • ;" ' Section i. The following individuals are hereby appointed .•r — 'i '_•: ''` members of the review committee to evaluate each proposal and '.' :;; w�' `•'it, render a written evaluation of its findings to the City Manager, • :. ;''- 't'��••..: including any minority opinions: %- �- MEMBERS OF THE PUBLIC Sill Hicks, Esq. Son Anguish Richard Briggs Henry Givens •tti r ! Raul Rodriguez CITY EMPLOYEES » John Blaisdell - •- Editha Fuentes ,•. 2 �• Juan Portuondo - r '�'� '� 7 �ii••=`: r• -jergio Rodriguez Said request shall not contain a prohibition against the use of • existing hangars. Any reference to a 21 override charge shall be deleted therefrom. -4 7 4b..e 1". 1� fA�10 PASSED'AND ADOPTED this 11th day of December 1986. K"AMIER L. SUARE HOY-%c AST NATTY T, —city Clerk PREPARED AND APPROVED BY: CHRISTOPHER G. KORGE Assistant City Mtorcey APPR 90 �YO FORH AND CORRECTNESS: LUCIA A. DOU9rHERTY City Attoff%07 7-1 r 'A pm;;Aft 1-44 Yl'*S vl, 3 86-10 17 J-86-957 11/6/86 RESOLUTION No* 136- 90C A RESOLUTION RESCHEDULING A PUBLIC HEARING SET FOR NOVEMBER 13, 19R6, AT 2:30 P.H. TO DECEMBER 11, 1986, AT 11:15 A.M. TO TAKE. TESTIMONY REGARDING A UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY MARINE -RELATED RETAIL USE ON CITY - OWNED WATERFRONT PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, COMMONLY REFERRED TO AS THE MERRILL STEVENS DRY DOCK COMPANY LEASED PROPERTY; AND TO AUTHORIZE THE ISSUANCE OF A RFP; SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. • WHEREAS, the City of Miami Charter Section 53(c) allows for "Unified Development Projects" whets 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, on October 7, 1986, by Resolution No. 86-808, the City Commission determined that the development of City -owned property located at 2640 South Bayshore Drive, commonly referred to as the Merrill Stevens Dry Dark Company leased property, would best he nccomplished using the Unified Development process for a full -service boat yard facility, marina and ancillary aarine- related retail use; and WHEREAS, on October 1, 1986. by Resolution No. 86-808, the City Commission set a Public Hearing, as required by Charter Section 53(c). for November 13, 1986, at 200 p.m. to take testimony regarding said Unified Development Request for Prupusais and at its conclul'.on. if disposed to proceed. autherise the issuance of a Request for Proposals. select a certified public accounting firm and appoint members of a review committee to evaluate proposals and render a written report to the City Manager; and MEETING OF NOV 13 1186 • 0. 5 WHEREAS, it is In the best Interest% of the City tt> reschedule the Public Hearing set tot November 13, 1986, at 2:30 p.m. to December 11, 1986 at 11:15 a.m.; NOW, THEREFORE„ 8E 1T RESOLVED BY THE COMMISSION OF THE CITY OF MIAM1. FL.ORIDA: Section 1. A Public Hearing set for November 13. 1986, at 2:30 p.m. to consider a Unified Development Request for Proposals for the development of a full -service boat yard facility, marine and ancillary marine -related retail use on City -owned waterfront property located at 2640 South bayshore Drive is hereby rescheduled for December 11, 1986 at 11:15 a.m. Section 2. As required by City Charter and Code Section 53(c), the City Commission shall. at the conclusion' of the Public Hearing, authorize the issuance of a Request for Proposals, select a certified public accounting firm and appoint members of a review committee to evaluate proposals and render a written report to the City Manager. PASSED AND ADOPTED this 13th day of November , 1986. Qom" ATT};FF7IAVIER L. SO", Hayor 4L_.- - MATTY HIKA1, City Clerk PREPARED AND APPROVED BY: APPROV A(S TO FORM AND CORRECTNESS: ROBERT F. CLARK LUCIA A. DOUGHIRTY Chief Deputy City Attorney City Attorney 2 H6-91fi 8'7--ii15 is J-86-847 RESOLUTION Na, a-,g 08 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR NOVEMBER 13, 1986, AT 3:30 P.M., TO TAKE TESTIMONY REGARDING A RFP FOR A UDP FOR THE DEVELOPMENT OF MARINE -ORIENTED, RECREATIONAL AND RETAIL USES INCLUDING FOOD AND BEVERAGE SALES AT THE "MERRILL STEVENS DRYDOCK SITE" AT 2640 SOUTH SAYSHORE DRIVE I AND TO AUTHORIZE THE ISSUANCE OF A RFP; — SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND CODE. WHEREAS, the City of Miami Charter Section 53(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 marine -oriented, recreational and retail uses including food and beverage sales, on a portion of the Dinner Key Area more particularly known as the "Merrill Stevens Drydock Site" located on City owned waterfront land at 2640 South Bayshore Drive in Coconut Grove, it is most 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 - Planning and design, leasing and management; or - Planning and design, construction and management; or - Planning and design, construction, leasing and management; and WHEREAS, Charter Section 53(c) requires that the City Commission hold a public hearing to consider the content of the CITY COMMISSION Request for Proposals; and MEETING OF i Oct 7 1906 ' �e= 9 9 0 WHEREAS, Charter Section 53(c) further requires that, at the conclusion of the public hearing, the City Commission, if disposed to proceed, authorize the issuance of a RFP, select a certified public accounting fire and appoint the members of a review committee from persons recommended by the City Manager. NOW, THEREFORE, sE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1, It is most advantageous for the development of marine -oriented recreation and retail uses including food and beverage sales at the "Merrill Stevens Drydock Site" located on City -owned waterfront at 2640 South dayshore Drive, in Coconut Grove, that the City procure from a private person one or note of the following integrated packagest - Planning and design, construction and leasing; or - Planning and design, leasing and management; or - Planning and design, construction, and management; or - Planning and design, construction, leasing and management. Section 2. The City Manager is hereby authorised to develop a Request for Proposals for a Unified Development Project proposal for the development of the improvements as set forth in Section 1 hereinabove. Section 3. A public hearing for November 13, 1986. at 3:30 P.M. to consider said RFP for a UDP for the development of marine -oriented, recreational and retail uses, including food and beverage sales. at the "Merrill Stevens Drydock Site" as specified herein above is hereby confirmed. Section 4. The City Manager @hall recommend the names of persons from the public and private sectors to serve on the review committee to evaluate each proposal. Section 5. As required by the City Charter and City Code. the City Commission •hall, at the conclusion of the public hearing, authorize the issuance of a RFP, select a certified 2 66-808 0 public accounting fire and appoint momhprs of a review committee to evaluate proposals and render a written report to the City Manager. PASSED AND ADOPTED this 7th day of 1986. X IER L. WAR Mayor AttE NATTY HIRAI, City Clerk PREPARED AND APPROVED BY: APPR ED AS TO FORM AND CORRECTNESS: CHRISPOPHEit KORGE �� UCIA A. D UGHERTY Asst. City Attore*or ' City Attorney 3 0 0. SubpL A CHARTER each dollar of such seaweed value. (Laws of Fla. (1947, ch. 24704) Editor's sets —fiction 3 of Laws of Fie.. ch. 24704 provided that this section should not be construed as affecting the city's power to levy ad valorem taxsa for employees' pension fund purposes. For authority of the city to make an extra levy for relief or pensions of city employees. the war's attention is direeted to Laws of Fla. (1947). cis. 246b which unsnde S 1 of Laws of FU (1937). ch. IBM, included in pt. 1 of this volume as art. 11 of subpL 8; for authority to make an additional levy within the downtown district for the downtown develop• men% authority. an Laws of M. ch. 66.1000, 1 11. included in pt. I of this volume as art. f of subpt. C. Sea 51(1). Same —Limitation as to levy of id valorem takes for public library and library system. Zdltoeo seta —Res. Na 42709. adopted July 22. 1971. authorized and directed transfer of the City of Miami Library Systems to Dodo County. effective Nov. 1, 1971. Pursuant to instructions of the city. the provision of 15111). added by Lem of no. (1940. ch. 21394, and amended by Laws of Fla. (1945). ch. 23402, and Laws of Is. (1047). ch. 24705. are not no. forth herein. See. 5L Same —Chief procurement officer. (a) The city manager shall appoint a chief pro- curement officer. The chief procurement officer or his designee shall supervise all purchases for the city in the manner provided by ordinance and shall, under such procurement methods as may be prem bad by ordinance, supervise sales of all real and personal property of the city not needed for public use or that may have become unsuit. able for use. The chief procurement officer or his designee shall have charge of such storerooms and warehouses of the city as the commission may by ordinance provide. Before any purchase or sale the chief procurement officer or his desig- nee shall require that all prescribed procurement procedures are followed. Supplies shall not be fur• uished to any department unless there be to the credit of such department an available appropria- tion balance in excess of all unpaid obligations sufficient to pay for such supplies. (b) The chief procurement officer or his desig. nee shall be responsible for securing compliance, by all persona seeking to do'business with the city, with the requirements. as may be prescribed by ordinance, that they will not discriminate against — SuA. No.1 i 153 any employee or applicant for employment because of age, race, creed, color, religion, sex, national origin, handicap or marital status, and that they will take affirmative action to ensure that appli- cants are employed and that employees are treated during employment without regard to their age. race, creed, color, religion. sex, national origin, handicap or marital status. (c) The chief procurement officer or his desig. nee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law. (Char. Amend. No. 1, 12.2.82) Sec. 5& Same —Contracts for public works or improvements, real property, and per- sonal property. (a) Personal property. 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 fbw thousand five hundred dollars ($4,500.00) shall be awarded to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance, but the city manager or his designee shall have the power to reject all bids. Notwith• standing the foregoing, the city manager may waive competitive sealed bidding methods by mak• ing a written finding which shall contain reasons supporting his conclusion that competitive sealed bidding is not practicable or not advantageous to the city, which finding trust be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. 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. Contracts for personal prop• oft shall be signed by the city manager or his designee after approval thereof by the commis. sion. This section shall not apply to transfers to the United States, or any department or agency thereof, to the State of Florida or any political subdivision or agency thereof. At7-1115 163 CHARTER AND RELATED LAWS Subpt. A (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 de- termined by the commission. There shall be a separate accounting as to each work or improve- ment so executed. Before authorizing the execu- tion by the city labor force of any work or im- provement or phase thereof, the city manager shall submit to the commission a description of the anticipated scope of work and related cost esti- mates. All contracts for more than ten thousand dollars ($10,000.00), which shall include contracts under which improvements valued in excess of ten thousand dollars ($10,000.00) are to be con- structed for the city or on lands leased from the city, shall be awarded to the lowest responsible bidder after public notice and using such compet- itive sealed bidding methods as may be prescribed by ordinance, but the city manager or his desig- nee shall have the power to reject all bids. Not- withstanding the foregoing, the city manager may waive competitive sealed bidding methods by mak- ing a written finding that a valid emergency ex- ists 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 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. Contracts for public works or improvements shall be signed by the city man• ager or his designee after approval thereof by the commission. (c) Unified development projects, Unified devel- opment project shall mean a project where an interest in real property is owned or is to be ac- quired by the city, and is to be used for the devel. opment of improvements, and where the commis- sion determines that for the development of said improvements it is most advantageous to the city that the city procure from a private person, as defir4d in the Code of the City of Miami, one (1) or more of the following integrated packages: (i) Planning and design, construction, and leas- ing; or . (ii) Planning and design, leasing, and manage. merit; or (iii) Planning and design, construction, and man. agement; or (iv) Planning and design, construction, leasing, and management. So long as the person from which the city pro- cures one (1) of the above mentioned integrated packages 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 devel. opment 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- (i) The specific parcel of land contemplated to be used or the geographic area the city desires to development pursuant to the unified de- velopment project. (ii) The specific evaluation criteria to be used by the below -mentioned certified public account. ing firm (iii) The specific evaluation criteria to be used by the below -mentioned review committee. (iv) The extent of the city's proposed commitment of funds, property, and services. (v) The definitions of the terms "substantial in. crease" and "material alteration" that will apply to the project pursuant to subsection (eXiv) hereof. (vi) A reservation of the right to reject all pro- posals and of the right of termination referred to in subsection (eXiv), below. After public notice there shall be a public hear• ing at which the commission shall consider: (i) The contents of the request for proposals for the subject unified development project; (ii) The selection of a certified public accounting firm, which shall include at least one mem. 97-4115 Subpt A CHARTER ber with previous experience in the type of development in question; (iii) 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. The procedure for the selection of an integrated package proposal shall be as follows: (i) All 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. (H) 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. (iii) Taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city manager shall rec. ommend one (1) or more of the proposals for acceptance by the commission, or alternative• ly, the city manager may recommend that all proposals be rejected. If there are three (3) or more proposals and the city manager recom. mends only one (1), or if he recommends re. jection of all proposals, the city manager shall state in writing the reasons for his recom- mendation. Bum No. 153 In transmitting his recommendation or rec• ommendations to the commission, the city manager shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified account. ing firm and review committee. (iv) All contracts for unified development projects shall be awarded to the person whose propo- sal is most advantageous to the city, as de- termined 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- minion 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 fu-m and the evaluation criteria specified for the review committee in the request for -proposals. After receiving the 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. . ;..'Ail contracts for"Vunified development projects shall be signed by the city manager or his desig- nee after approval thereof by the commission. The city manager or his designee shall be responsible for developing a minority procurement program ae nsty be prescribed by ordinance and permitted bylaw in conjunction with the award of contracts for unified development projects. The provisions of this Charter 'se•:tion shall supersede any other Charter or Code provision to the contrary. (d) Sales and leases of real property. Except as otherwise provided in this Charter section, there shall be no sale, conveyance or disposition of any interest, including any leasehold, in real proper• ty, owned by the city, the department of off-street 8'7-1115 0 163 CHARTER AND RELATED LAWS parking or the downtown development authority, unless there has been a prior opportunity given to the public to compete as purchasers of said real property or any interest therein. There shall be public notice prior to any such sale, conveyance or disposition. Any such sale, conveyance or dis- position shall be conditioned upon compliance with: the provisions of this section; such procurement methods as may be prescribed by ordinance; and any restrictions that may be unposed by the city, the department of off-street parking or the down• town development authority, as appropriate. Fur- ther, no right, title or interest shall vest in the purchaser of the above 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 di- rectors. The city commission or the off-street park- ing board or the downtown development author- ity board of directors, as appropriate, may by res- olution waive the requirement of sale, conveyance or disposition to the highest responsible bidder by means of the following procedure: the city man- ager, the director of the off street parking author- ity, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which find- ing must be ratified by an afrtrmative vote of two-thirds of the commission after a properly ad- vertised public hearing. When the requirement of sale, conveyance, or disposition to. the highest re- sponsible bidder is waived, other procurement meth- ods as 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 invi- tations for bids, requests for proposals 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, to or.any department or agency thereof, or to the State of Florida or any political subdivision or agency thereof. _ (a) Safiguarda. (i) All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United Subpt. A 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. (ii) All persona contracting with the city under 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 the property involved or (2) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to .. the city under any contract that may be awarded under this section.. (iii) Any proposal by a potential bidder or con- tractor that contemplates more than the es- timated extent of the city's proposed commit - went of funds, property or services shall be ineligible for acceptance by the city commission. (iv) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alteration of any contract awarded under subsection (c) of this section shall anti- tle the city commission to terminate the con- tract after a public hearing. Prior to such public hearing. the commission shall seek and obtain"a report from the city manager and from the'review'committee that evaluated the proposals for the project, concerning the .r advisability of exercising that righk (Char. Amend: No: 3,'11-&79;'Ocd. No. 9M 11, W.10.28-82; Char:'Amind. No. 1,11. -82) Editor's ndts-0rd. No. %89, adopted by the a mudesion on Sept. 17, 1982. set forth Charter Amendment No. I for spprovai/rejection at election on Nov. 2, 1962. On Oct 28. 1982, Ord. No: OW amnded the language of subsections (a) and (c) of 163 as props ed by Ord No. 9M. The election was to approve the language of Charter Amendment No. 1, as amended by Ord. No. 9M. Annotations —For case decided prior to enactment by Char- ter Amendment Na 3 of 1979 of a oompedtive-bidding require- ment for disposition of city property ..@. Mahwm. G+vw*, e+ So. 2d 926. Said case beld that competitive bWkU" is sot n- Quired to Was city real estate. Material Variance be11 * m bid upon sod p1 m submit. tad and adopted renders contract roil. Gl atetein v. City of Mi- smi. 399 So. 2d 1t106. 87-4115 dp 1 18.52.7 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. 9572, 3 1, 2.10.83) Sec. 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 specia)i7,ed 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. (c) Public notice and disclosure. Notice that the city intends to award a sole -source contract shall be published at least once in a newspaper of gen. eral circulation in the city prior to contract award, ,,%Pp. No. to 1 18.52.9 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 be 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 all sole source awards shall be submitted by the city man- ager to the city commission on a quarterly basis to include: (1) The name of the sole -source contractor; (2) The nature of the goods or services procured; (3) The reasons no other source could satisfy city requirements; • (4) The amount and type of contract; and (5) The identification number for each contract file. (Ord. No. 9572, J 1, 2.10-83) Sec. 18.52.9. Unified development projects. (a) Definitions. For the purposes of this article IV, the following terms shall have the following meanings: Unified development 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 8 7'--ili5 C� 1 18.52.9 FINANCE 1 18.52.9 (4) planning and design, construction, leasing (7) The contract terms and conditions, includ. and management. ing warranty and bonding or other secu- (b) Conditions for use A unified development rity requirements as may be fixed and applicable; project shall be used in those circumstances in which the city commission by resolution deter- (8) The extent of the city's proposed commit• mines that for the development of improvements ment of funds, property, and services; it is most advantageous to the city that the city (9) The definition of the terms "substantial procure an integrated entity as defined in section increase" and "material alteration" that 18.52.9(a). So long as the person from which the will apply to the project in accordance with city procures one (1) of the above -mentioned inte• section 53(eXiv) of the Charter of the city; grated packages provides all of the functions listed for that package, such person need not provide (10) A reservation of the right to reject all pro- each listed function for the entire unified devel• posals and of the right of termination re- opment project nor for the same part of the uni• ferred to in section 53(eXiv) of the Charter Pied development project. of the city; (c) Requests for proposals. A request for pro• • (11) The date, time and place at which any posals shall be issued which generally defines the preproposal conferences may be held and nature of the project, the uses the city is seeking whether attendance at such conferences is for the project, and the estimated allocations of a condition for offering proposals; and land for each use. The request for proposals shall, (12) The place where any documents incorpo- also include the following: , rated by reference may be obtained (1) Instructions and information to offerors con- cerning the. proposal submission require- Before issuing a request for proposals, there shall ments, including the time and date set for be a public hearing, after public notice, at which receipt of proposals, the address of the of the commission shall consider: rice to which proposals are to be delivered, (1) The contents of the request for proposals for - the maximum time for proposal acceptance the subject unified development project; by the city, and any other special information; (2) The selection of a certified public accounting (2) The specific parcel of land contemplated to � firm, which shall include at least one (1) mew. be used or -the geographic area the city . ty ber with previous experience in the type of desires to develop; development in question; and (3) The specific criteria which shall be used to (3) The recommendations of the city manager evaluate competing proposals by the below. :..for the 'appointment 'of persons to serve on mentioned certified public accounting firm; the review committee. Said review commit- (4) The specific evaluation criteria which shall tee shall consist of an appropriate number of be used to evaluate competing proposals by city officials or employees and an equal mum- the below -mentioned review committee; ber plus one" (1) of members of the public, whose names shall be submitted by the city (5) .A statement that written and oral discus• manager no fewer than five (5) days prior to • lions may be conducted with offerors who 'the above -mentioned public hearing. submit proposals determined to be reason- ably susceptible of being selected for award. At the conclusion of the public hearing, the com- b:-t that proposals may be accepted as sub- mission shall authorize the issuance of a request witted without such discussions; for proposals, select a certified public accounting firm, and appoint the members of the review com- (6) A statement of when and how financial mittee only from among the persons recommended considerations and return to the city should by the city manager. — be submitted; t_ Supp. N& 10 9 7-4115 1 1"2.9 MIAMI CODE Its-82.9 (d) Developer lists. Developer lists may be com- be limited to, the name of each offeror and a piled to provide the city with the names of devel- summary description sufficient to identify the proj- opers who may be interested in competing for ect. The register of proposals shall be open to - various types of city projects. Unless otherwise public inspection. provided, inclusion or exclusion of the name of a developer does not indicate whether that devel• (h) Minority participation. The city's minority oper is responsible with respect to a particular procurement program shall be referred to in the requests for � proposals and shall apply to the award• procurement or otherwise capable of successfully performing a particular city project. mB of contracts for unified development projects. (e) Public notice Notice inviting proposals shall (f) Evaluation of proposals. The procedure for the selection of an integrated package proposal be published at least once in a newspaper of gen• shall be as follows: eral circulation in the city to provide a reason- able time for proposal preparation considering the (1) .All proposals shall be analyzed by a certified content and eomplexitq of the anticipated scope of public accounting firm appointed, by the com• work. In any event, at least fifteen (15) days shall mission based only on the evaluation criteria intervene between the last date of publication applicable to said certified public accounting and the final date for submitting proposals. Such firm contained in the request for proposals. notices shall state the general description of the Said certified public accounting firm shall scope of work, the place where a copy of the re- render•a written report of its findings to the quest for proposals may be obtained, and the time city manager. and place for receipt of proposals. The city man. ager may, in addition, solicit proposals from all (2) The review committee shall evaluate each responsible prospective developers listed on a cur- Proposal based only on the evaluation criteria applicable to said review committee contained rent developers list by sending them copies of the in the request for proposals. Said review com• public notice to acquaint them with the proposed mittee shall render a written report to the - procurement. city manager of its evaluation of each propo- (f) Preproposal conferences. Preproposal confer• sal, including any minority opinions. ences may be conducted to explain the require- ments of the proposed procurement. They shall be (3) Taking into consideration the findings of the announced to all prospective developers known to . aforementioned certified public accounting firm, the evaluations of the aforementioned review have received a request for proposals. The confer. ence should be held long enough after the request � and the committee, degree of minority partic- for proposals has been issued to allow developers fpation in city contracts, the city manager • shall recommend one (1) or more o(' the pro• to become familiar with it but sufficiently before ffi .,. posale for acceptance by the commission, or • proposal submission to allow consideration of the �' alternatively,* the city manager may recom- conference results in preparing proposals. Noth- ingstated at the prepmposal eonferenoe shall change mend that all proposals be rejected. If there the request for proposals unless a change is made are three (3) or more proposals and the city manager recommends only one (1), or if he by written amendment. A aiuriraary of the con- ference shall be supplied to all those prospective recommends rejection of all proposals, the city developers known.to have received a request for manager shall state in writing the reasons for his recommendation. In transmitting his proposals. If a transcript is made, it shall be a .. recommendation or recommendations to the public record. ' commission the city manager shall include (g) Receipt of proposals Proposals shall be opened the written reports, including any minority publicly in the presence of two (2) or more city opinions, rendered to him by the afor„men- ofTcials. After the closing date for receipt of pro• tioned certified accounting firm and review posals, a register of proposals shall be prepared committee. by the city manager which shall include, but not Sapp. BIa 10 i 18.62.9 FINANCE 0 1"3 (j) Award All contracts for unified development based on various performance factors and es. ' projects shall be awarded to the person whose calation clauses or other economic adjustments proposal is most advantageous.to the city, as de- may be included as appropriate to serve the termined by the commission. best interests of the city in achieving the 'The commission may accept any tecommenda- most economical contract performance. tion of the city manager by an affirmative vote of a (2) Cost -reimbursement contracts. Cost-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 ommendations 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 compete 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 best the review committee, the commission shall, by interests of the city in achieving the most an aftlrmative vote of a majority of its members: economical contract performance. (1) Accept any recommendation of the review com- (3) Blanket orders. The chief procurement officer mittee; or or individual purchasing agents may issue (2) Accept an t y previous recommendation of the purchase orders for indeterminate amounts 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- nee after approval thereof as to form and correct- thereunder were to be individually purchased new by the city attorney and approval by the city or contracted for under the provisions of arti- c[ea IV and V of this Code. Such orders shall commission. (Curd. No. 9572, 41, 2.10-83) state a specific monetary limit which may Qq code cross reference—Minoti fled developments ref erta. 4 —Min tY participation in uni. not be exceeded except on written approval by the chief procurement officer. Sec. 18.63. 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) Fixeairprice aontracta Fixedin ice 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 be specified with a and provided that fund 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 - 9upp. No.10 97-ili5 12 CHARTER AND RELATED LAWS Subpt. A (For the latest legal description of the city boundaries. the user is referred to the office of the director of public works.) Editor's note —The territorial limits of the City of Miami were tired pursuant to Laws of Fla. (1931). ch. 15887. Further special acts a:tending. enlarging. or otherwise changing the corporate limits Include Laws of Fla. (1931). ch. 15821; Laws of Fla. (1937). ch. 18886; Laws of Fla. (1941). chs. 21393, 21396. Laws of Fla. (1945). chs. 23405, 23409; Laws of Fla. (1949), ch. 29021; Laws of Fla.. ch. 67.1583. The board of county eommiselonere of Dade County further amended the boundaries of the city (Primrar Park) by Dade County O►dinanee No. 63-6. adopted March 6. 1963. County charter rototem Method of changing city boundaries. 16.04. State law roterenes—Munielpalitles within Dade County to adopt annexation or contraction ordipaneef pursuant to provisions of county home rnis charter, Fla. Stats. ! 171.07t. Sec. S. lowers. The City of Miami shall have power. (a) Taxes and assessments. To raise annu. ally by taxes and assessments in said city, such sums of money as * the commission hereinafter provided for shall deem necessary for the purpose of said city, and in such manner- e, shall be hereinafter provided for, and in accordance with the constitution and laws of the State of Florida and the United States; provided, however, that it shall impose no tax on the bonds of the city, or other evidence of city indebtedness. (b) Streets, parks, bridges, sewers, grade crossings, speed of uehieles. services and rates of motor vehicle carrier:• To pave, grade, curb, repave, macadamize, renumdamiss, lay out, open, widen and otherwise improve streets, alleys, ave- nues, boulevards, lanes, sidewalks, parin, promenades and other public highways or any part thereof, and to -Nets—For abdlar. subesgwatly enacted prwAslaw the mWe susmioe Is directed to S 3(6) of this Charter which pro*W for the vacating, closing and disooutieu- ing of streets a fte, stc.. in eddluou to the powers ban supp. Na 9 hold liens therefor as hereinafter provid- ed; to construct and maintain bridges, viaducts, subways, tunnels, sewers and drains, and regulate the use of all such highways, parks, public grounds and works; to prevent the obstruction of such sidewalks, streets and highways; abolish and prevent grade crossings over the same by railroads; regulate the operation and speed of all cars and vehicles using the same as well as the operation and speed of all engines, care and trains of railroads within the city; to regulate the service to be rendered and rates to be charged by busses, motor cars, cabs and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage. (e) Special or local assessments: To impose special or local assessments for local improvements as hereinafter provided and to enforce payment thereof. (d) Contracting debts and borrowing man. ey: Subject to the provisions of the Constitution of Florida and of this Charter, to contract debts, borrow money and make and issue evidences of indebtedness. (e) Expenditures: To expand the money of the city for all lawful purposes. (f) Acquiring and disposing of Property and services: (i) To acquire by purchase, gift, devise, condemnation or otherwise, property real or personal, or any testate or in. terest therein, within or without the city and for any of the purposes of the city, and to improve, sell, iesue, morn gage, pledge or otherwise dispose of the same or any part thereof. subject to all requirements of law. 60 To acquire or dispose of by purchase, gift or otherwise services within or with. out the city and for any purposes of the city. Gii) The city shall lease to or contract with private firms or persons for the com• 8 7-1115 SubVL A Ste.1k P CHARTER 13 mercial use or management of any of ments and the other requirements of the city's waterfront property only on this Charter shall not be valid unless condition that: it has first been approved by a major. (a) the terms of said contract allow ity of the voters of the City of Miami. reasonable public access to the Nothing herein contained shall in water, reasonable public use of such any manner affect or apply to: (1) property and comply with other the City of Miami/'University of Charter waterfront setback and Miami James L+ Knight Interna- view•corridor requirements; and tional Center and hotel facility, (b) the terms of said contract result in _ including all improvements there - a fair return to the city based on on; (2) any project, the financing of two (2) independent appraisals; and which has been provided by the (c) the use is authorized under the then authorisation of bonds to be issued existing master plan of the City of by the City of Miami. Miami; and (d) procurement methods as shall be — (g) PubUc impromments: To make and prescribed by ordinances are obmaintain,withinand prescribed maintain,- without the city, servedAny public improvements of AU kinds, in. such tease or management cluding municipal and other ' public agreement or proposed extension or mod- buildings, armories, markets and all — ification of an existing such lease or buildings and structures necessary or i management agreement which does not appropriate for the use of the city and comply with each of the above require- to acquire by condemnation or other- _ 8 7-1115 rN ONO CHARTER AND RELATED LAWS Sec. 3(l). Same —Airports and landing fields $ The city commission shall have power and Is hereby authorised to acquire by purchase, lease, condemnation, or otherwise, lands within or without the city limits for landing field or airport for aircraft, and to construct and equip thereon, or on other property of the city either within or without the city limits, such building and/or other improvements as may be deemed necessary for that purpose, such purpose being a municipal purpose of said city. The City of Miami shall have power to operate and maintain such airport, to provide rules and regulations governing its use and the use of other property or means of transportation within or over the same. and 'to enter into contracts or otherwise cooperate with the federal government or other public or private agencies in matters relating to such airport, and otherwise to exercise such powers ,as may be required or convenient for such establishment, operation and maintenance; taxes may be levied for any such purpose, and unless such airport shall have been acquired by lease, said city may issue bonds in accordance with provisions of section 68 of the City Charter to pay the cost of such airport and buildings and improvements and equipment. (Laws of Fla. (1929). ch.14234) Sea 3(2). Reserve& gditer's sots-4loctioe 3(2) of the Martsr, as Macted by 1.ew7 of M U=). ch. t42K was rejected by the electorate July 30,190. Sea 3(3). Powers —Weights and meas- ures. To :aspect, test, measure and weigh any commodity or article of consumption or use within the city and to fix a standard for any such commodity or article and to establish. regulate. license and inspect welghts, electric, gas and water meters, measures and scales. and to make reasonable charges therefor. (taws of Fla. (1929), ch.14234) •Nets—Por simiLr, subsequently easeW provisions, the user's attention le dirsetad to 1301) of ibis CLsrta< sum Na i Subpt. A Sec. 3(4). Same --Building and zoning.• (a) The commission of the City of Miami may, by ordinance, provide regulations and restrictions governing the height, number of stories and size of buildings and other structures, the percentage and portion of lot that may be occupied, the size of yards, courts, and other open spaces, and the location, use of buildings, structures, and land for trade, industry, residences, apartment houses and other purposes. Such regulations may provide for a board of appeals to determine and vary their application in harmony with their general purpose and intent, and In accordance with the general provisions of the ordinance. (b) In order to preserve the city's natural scenic beauty, to guarantee open spades, and to protect the waterfront, anything in this Charter or the ordinances of the city to the contrary notwithstanding, neither the city nor any of its agencies shall issue building permits for any surface parking or enclosed structures located on Biscayne Bay or the Miami River from its mouth to the- N.W. 5th Street Bridge. (1) which are not set back at least fifty (50) feet from the seawall (where the depth of the lot is lea than two hundred (200) feet, the setback shall be at least twenty - it" (25) percent of the lot depth), and (2) which do not have average side yards equal in aggregate to at least twenty-five (25) .percent of the water frontage of each lot based on average lot width. The above setback and side yard require. ments may be modified by the city commis. &ion after design and site plan review and public hearing only if it is determined that the modifications requested provide public benefits such as direct public accew public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban envi. *Not* —For similar. subsequently enected prowls ono. the user's attention is directed to f M14) of tics Charter. 8'7-110 Subpt. A CHARTER 1 3(t) ronment and public advantages or which preserve natural features. Wherever setback. side yard, or site plan review requirements of zoning ordinances are greater than the foregoing requirements, such greater requirements shall govern. These requirements shall not apply to docks and appurtenant structures; single-family residences and appurtenant structures; and waterfront industrial uses along the Miami River and at the Port of Miami; or to public and private facilities on city -owned proper- ties. Nothing herein contained shall in any manner affect or apply to: the City of Miami/University of Miami James L. Knight International Center and hotel facility, in- cluding all improvements thereon, or to lands and projects which the city commission has approved prior to September 18, 1979, by development order pursuant to chapter 380 of Florida Statutes of a planned area develop. ment pursuant to article XRI-1, City of Miami Comprehensive Zoning Ordinance or which have received site and development plan approval and including Plaza Venetia, Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72.114, April 20, 1972,- and Resolution No. 72.416, July 20, 1972. (Laws of Fla. (1929). ch.14234; Char. Amend No. Z, 9-18-79) ' Sapp Na I Aeaotatione—In State v. City of Miami. lot Fla. 686, 124 So. 641, it was held that the power of the legislature to delegate zoning authority to the governing power of municipality has been rmognised and determined deft• nitely in this jurisdiction. It hai been applied to the location of a funeral home in State v. City of Miami, supra; to an ordinance making it unlawful to construct buildings for certain named business purposes, or mortuaries, or hospitals, within a described dlstrict in State v. City of Miami.117 Fla. 694, 158 So. 82; and to an ordinance providing that no gasoline and oil filling station and no service station shall be erected or located within 360 yards of any church, hospital. school or other such inatitution, where large numbers of pedestrians congregate. or within 760 feet of the location of another gasoline and oil filling station or service station. In State v. Peac% 139 Fle. 394, 190 So. 809. In State v. City of Mhod. supra, It was held that the IM act adding this section was not invalid for failure to comply with 116 of art. III of the Florida Constitution. requiring that a law embrace a single subject espremod in its title; and this section is not ineffective because it was not properly described on the ballots for the referen• dum. The cited cue also held that the language of the section is permissive and not mandatory or compulsory; It gives the city commission the power to adopt by ordi• nance regulatiora and restrictions of the nature do. scribed, and also gives the city commission power to pro• vide for a board of appeals, but action Is not compelled u to either. The city is not confined k this sic" to the passage at one comprehensive "a -am Boning the entire territory of the city. Id 8 7-1115 CITY OF MIAMI BAY / RIVER WALK DESIGN GUIDELINES _BAY WALK/RIVER WALK DESIGN GUIDELINES City oy, f M anzi Pl_ piing and Parks Departments Principles and Parameters for the private design and development of waterfront public -access walkways. GENERAL PRINCI, PLES_ Public access waterfront walkway= should: o Feel Public - Page I of 7 No one should feel as if he or she is intruding on private property the public should feel welcome and at ease to move along the entire length of the bay/river walk. Signage should clearly establish the public's right to use the walkway. o Be Usable - Young and old, handicapped and joggerst lovers, fishermen, business :pen and women.... everyone should find the bay/ river wale usable. Potential conflicts between active and passive users should be prevented through segregation of bay/river walk use zones. (See guidelines.) o Provide Visual Access - The attraction is the water. All landscaping, furniture, li*ting guard rails and planters should be subordinated to enhance max- imum visibility to the crater. Simplicity of design is preferred. The views of .adjacent private development should not be obstructed. 9 7-1115 o Enha Visual Quality - Parking and Service areas must be completely screened from the walk- way. Materials, color and forms _ should complement the natural shoreline environment. — o Connect to Other Public Areas - Public parks, transit stops, thfiough- fares, midblock walkways, shopping areas, and publicly accessible plazas should connect to the bay / river walk. o Take Advantage of Bay /River Setting - Where practical, boating and fishing activities should be incorporated into Bay walk designs. Elevated viewing areas, historically inter- — pretive markers and signs are desirable. DESIGN GUIDELINES The Bay /River Walk has five distinct sanest -�rav�rfiaA rAMA e• � �ectll�tt� � � 3't { 4�•G I i 6etulaf ion. ldJ —v w 1 VVV V So.-%v..r Page 2 of 7 ejoG I 9'7-1115 e I o Edge Ane - _v� ZOAe W-40� t4i a) Top of bulkhead or seawall should be at a constant elevation for the length of the bay walk. It should be 1'-6" - 2161, wide at the top. , c b) Safety ladders of stainless steel 45 or galvanized steel should be placed a maximum of 100' apart along the face of the seawall or bulkhead, to allow for climbing out of the water at low tide. Page 3 of 7 c) T6p of seawall/bulkhead should be 6"-8" higher than surface of bay walk circulation zone. . d) Inside edge of seawall/bulkhead should be beveled. e) Top surface of seawall/bulkhead should be textured and of a lighter color than surface of circulation zone. o Safety Buffer Zone - A barrier at the waters edge may be installed at the discretion of the $roperty owner. Sucb a barrier. if used. should be ai visually trans- parent as possible, such as a simple railing. Paving adjacent to the edge should be a type of cobble stone with "river rock" f 3/4" x III' set in concrete leaving a relief of s11-10#9 8 7-1115 5 o Cirt. _a►tion Zone - �. ter..—,: � • • • • ': b'1.. . . •r ..� ...�. .• e pets vld. Z Mf_ IXW do Page 4 of 7 Bay/river walk circulation zone or promenade should be 8'-12' wide. Alignment offsets of the promenade should not exceed 61 and be spaced not less than 50' apart. Obstructions to movement (trees, bollards; lighting, etc.) within promenade shalt not reduce the clear width of the walkway to less than 8 feet at any point. The- promenade surface shall be sloped toward an acceptable storm drainage disposal system in conformance with Section 4611 of the South Florida Building Code. o Passive Zone - The area for sitting, accent land- scaping any: concessions should be located along the inland side of the bay/river walk, and not less than 4' wide. Short lengths of the passive zone may be elevaied 111-21 above the level of the promenade for enhanced bay and river views.. All benches shall have backrests, and their placement should empha- size direct views of the water. Seating surfaces shall be Purple Heart,, Western Red Cedar or Redwood. All furniture shall be per.aanently installed preferably by direct burial in concrete. 0 87-iii5 V t -iYa�tn�ifiax :0 FASb�� tbal t4alk� Page 5 of 7 o Passive Zone - (continued) — Appropriate additional furniture including trash receptacles, over- head canopies or shelters, drinking fountains, etc. , should be confined to the passive zone, The passive zone may be paved in plain concrete or the paver on the main circulation zone. o Transition and Security Zone - To buffer private development fronn the adjacent bay/river walk a minimum 31-SO transition zone should border the Bay /River Walk facility. This visual and functional transition from public to private space should generally be marked by low level shrubbery and overhead• shade or ornamental trees. Security to limit public access to private property may be provided by fences, grade changes or retain- ing walls, All screens and walls should be landscaped to reduce their visual impact on the walkway. For adjacent developments that serve the public, (i.e. , restaurants, shops, hotels, entertainment, etc.) provision of wide, visible and easy pedestrian access to the bay /river walk should be assured. In general, landscaping and security barriers should not visually screen the bay/river walk from adjacent active uses, such as retail restau- rants, or entertainment. GUIDELINE OR DESIGN ELEMENTS S o Lands%.aping Shade trees should be confined to the inland edge of the passive zone. Root guards of a 3' length of 16 guage corrugated aluminum pipe with a 4' + diameter shall be used with all shade trees. Palms may be used along either edge of the bay/ river walk, but Coconut Palms or Sabal Palms are particularly appropriate for the water's edge. Raised planters, if used, should be confined to the passive zone, and all planter walls should double as sitting walls, 15"-30" ht. 1 Plant material ahould be primarily native salt -tolerant species. o Lighting - Lighting at the waters edge should ` be confined to 8" diameter bollards, 24" to 30" high with down illumina- tion not extending beyond the bulk- 1 Zk4-V i head line. r•.�i1 ��r*•,cam Page 6 of 7 Bollards should be 100 Watt M`i and. approximately 20' on center, maximum. overhead lighting should be confined to passive zone and be down lighting with lamps not over 14 feet high, 175 watt MY, f 50' on center. Up lighting of landscaping,. partic- ularly shade trees, should be confined to the passive zone and transition zone. Mercury vapor, metal halide lamps or similar 1*hite" light luminaires should be used. 8'7--1115 . GUIDELINES FOR DESIGN ELEMENTS (continued) Colored lighting, except for private signs, should not be used. Simple contemporary fixture design should be used as opposed to highly stylized, vintage or • period designs. o Signage - Page 7 of 7 All public access bay/river walks shall be marked with the standard "Public Shore" sign. All major public access points, including park walkways, road- ways, dedicated midblock walks and public plazas, should be marked with "Public Shore$' signs. Adjacent accessible publicly oriented private development, such as cafes or shops, should identify the use with signage in the transition zone. Uniformly designed historic scene or environmental markers and des- criptive plaques should be placed in the passive zone. Signage should identify access points and adjacent activities, (cafes, shops, etc. ) for boaters. 8 7--1115 APPENDIX C 4• ' 10/11lBS ' ORDINANCE N0.4 0 0-6 2 : AN ORDINANCE REPEALING ORDINANCE NO. 9775, THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY Of NIAMt; FLORIDA AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT PROGRAM ORDINANCE TO BE KNOWN AND CITED AS 'THE MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT ORDINANCE OF THE CITY OF MIAMI, FLORtOA,' ESTABLISHING A MINORITY AND WOMEN BUSINESS AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE: PROVIDING FOR THE CREATION BY THE CITY MANAGER Of AN OFFICE Of MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT: FURTHER SETTING FORTH A GOAL Of AWARDING AT LEAST 61 PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES NISPANBUSINESSES; AND WOMEN (171)t AUTHORIZING THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT SET•ASIOtS AND CONTRACT PROVISIONS: PROVIDING FOR I'M DtVtLOPMtNT Of PROCEDURES, MtASURES AND RESOURCES TO INPLtMENT SAID PROGRAM. GOALS AND OBJECTIVES; AND CONTAINING A SEYCIABILITY CLAUSE. WMERtAS; Ordinance No. 9775 dealing with minority Procurement has been found to be to Need of revtafon and modification to stroagthen the effectiveness of the City of Miami's Minority Procurement Policy and Program; and WHEREAS; the City Commission; in repealing Ordinance No. 9775 and in adopting and substituting therefor the herein Mfnerfty and Woman Business Affairs and Procurement Ordinance is authorized pursuant to the Charter of the City of Miami, Sections S2 and 53; and the Municipal Home Role Powers Act of 1973, Chapter 166.001 at sea., Florida Statutes, as amended: and WHEREAS; the U.S. SuPrHe Court has upheld Dade County Ordinance No. 82-67; adopted July 20, 1984; restricting bidding on 6onstr W OR proJe6ts to Black -owned firms when prior unwarranted discrimination has been proven; and WHEREAS, findings of a City of Miami Minority Proeureaien-. Disparity Study iodicatod a substantial exclusion of minority and women -owned businesses from the City's procurement process FOP the fiscal years between 1971 and 19011 and WHEREAS, this Ordinance wilt prevent the perpetuation of the effects of prior unwarranted discrimination which has i 87-iii5 heretofore Impaired; lifflow er foreclosed procurement sod 6entr4gting opportunities .tor aLS10106661 evned by •tacks; Hf wntes and lfom*n with, the City Of N/aml= and NNERLAS; tho City of Pilot has established a policy of eonstruetive offireativo action to eliminate substantially the effects of offer dlsertmtnatlon; and HUMS* the proposed Minority and Momsn fastness Affairs and Procurement Progrs■.end policy gontains fOgutrement" (a) that those who eootract with the Clty of Nfomf in the areas of procuremsat shall not discriminate agalest any bustnosse employe* or applfcant for empioyment bagels* of age, ethnicity. race, ereed;.eolor; religion; sex; matlemal orfgfe; handfeap, Or marital status; and (b) that seek city contractors have and implement an Affirmative Active or Laval Employment Opportunity policy to ensure that seek besfoosses; employees or applicants for ssployssnt are treated egaally wltheet retard to aget otheleity, race..crood, color; religion, sox, national origin, handicap or marital status, old NNENEASe tmplenontstloa-st this ordisaaee rill sort* the best interest of the City amd rftl maxtmfte the-epports"ity for small business eomgerss owned and controlled by flacks. Mispaefcs and Yomon to procure or contract with the City of Miami IN the area of proeuremoott and YNEAEAS; to be effective it is necessary and desirable to establish for the City of Miami a Minority and Memen fustaess Affairs Proemeant Program vith the appropriate goals, obj*ctfves; administrative procedure and resevreess sad adopt legislation remodyfsg th* affected Nfspantcs slack and Memen• owned busfinessost NOV* TNLREfrOA[, It IT OADAINED BY TN[ C010411SIOW Or THE CITY OF NIANI; FLORIOAt Section i. This Ordinance shall be known sad may be cited as 'TMo Ninortty and Memom laziness Affairs and Procuresert program Ordinance of the City of Miami.• section to For the purpose of this Ordinance. the followleg terms phrases, words, and their derivatives shali.have the following seaefngst �0062, • �'7-i.ii5 A. Business enterprise moans Any corporation; partnership; individual$ sole proprietorship; joint stock company. Joint venture; professional association or any other legal entity that /$ properly licensed to do business with the City of Miami and/or Old* County and/or the State of Florida. B. Minority and Momen•Owned Business Enterprise means a businos.g enterprise 1A Which at least Si percent of said enterprise is owned by Blacks. Hispanics -or Yomen whose management and daily business operations' are Controlled by one or more Blacks; Hispanics or MOmen. Co Contract moans agreements for the procurement of goods; services or construction of facilities for the City of Miami, 0. Facilities soon$ all total -or partial publicly financed projects lnciuding; but without limitation. unlfied development projects, munietpal public Works and muniCipai improvements to the extent they are financed with City money, utilise City.property; or require City sorviees. E. Goods and •services include; without limitation. publje works$ improvements; facilities; professional services. commed/ties; supplies, materials and equipment. F. goal means the percentages of the annual dollar volume of procurement expenditures determined by this ordinance to be offered for Minority and Yemen business participation. 4. Solt -aside is the term which will be used to designate a given purchase or contract or a portion of a given purchase or contract award for Black, NispaniC and/or Momen• Owned businesses. Sot -asides may only be utilized where it is determined; prior to the invitation to bid or 'request for proposals, that there are a sufficient number of certified Blank, Mispanic gad/or Nomon•Owned businesses to afford effective competition for the purchase. N. Joint Venture shall moan an association of persons or legal entities with the intent to engage in and carry out a single business enterprise for profit. 3 A'�-ills 2 l: Oraeurement Expend rem shalt 'soon a porchaso; payment, distribution; loan Or advance for the purgosa of acquiring or providing foods and services. J. Affirmativ0 Action Pfau shall include the projected annual goals aad the timetables which will be used to employ and/or procure with Mogen and minorities a non• discrimination policy statement and any other actions which will be died to ensare equity In. employment and the utilisation of minority and temale•4wood bosinosses. Section 3. A Minority and Women IusiaOss Affairs and ►roeureneat Program for the City of Nisat is hereby established. The City Naaagor's Office shell be held acceuatablo for the full and forestal ImplemeatatiOn Of the NinOrlty aad Vom*n Iusiness Affairs and Procurement Program by providing appropriate recommendations for action by the City Commission. A. for the purpose of assist/ng the City Nsnaftr in the lgplegentstlon ur. salm ,rrogrem; a N/nority and Women Issiaess Affairs and Procurement Committee is hereby established, Consisting of as appropriate number of members, to bo appointed by the City NaaagOr, with full reprOseatation of Nispanies, /tacks and Vamen to be responsible for monitoring the implementation of the program and making recemmeadatieas for achieving the requirements of this Ordinance. The Commtttee shall be responsible for generating y0arly progress reports to the City Commission and th• community at large. 1. The City Manager shall* utilizing existing reseeress, create an Offieo of Ninerity and Volta Insiness Affairs and ►roeurosent; and shall provi40 the appropriate staff and resources necessary for tho performance of all such admiaistrative duties; authorise and Implement the administrative guidelines aad procedures required; and ensure compliance with the functions required to promote the achievemont of the program's goals and objectives of increasing the volume of, City procurement and contracts with Black. hispanic and Vonon.owned businesses. 4 10062 8'7--1115 Section i:- the objective Gu the City is ,te achieve a goal of awarding a Minimum of 11% of the total annual dollar volume of ail procurement expenditures to Blacks. Hispanics and Women • owned business enterprises to be apportioned as follows: seventeen percent, (17%) to Blacks; seventeen percent (17%) to Hispanics and seventeen percent (17%) to Nomen.t A. to further the goal of increasing the total annual — volvoe of all procurement expenditures to minority and went". owned business enterprises; aetherity for a minority and wagon - owned business enterprise procurement set -aside is hereby established for use by the City Manager as No or she gay deem advisabl4 or necessary to increase the participation of Black. Hispanic• and Mogen -owned businesses in City procurement contracts. B. tt shall be mandatory for all My of Miami contracts and/or procurement sward,doevoests to eontsin the - following: 11.) A specific reterones to the applicability of the Ninerity and Yomon Business Affairs_oad Procurement Program established by this Ordinseco; t2.) A provision stating the right of the City to terminate and cancel any contract or contractual atrmiemont entered iate; including elimination of the individuat(s) and/or business enterprise($) from consideration and participation in fvtero City contracts; on the basis of having submitted deliberate and willful; false or misleading information as to his, her or its states as a Blacks Hisponie and/or Women•owned business enterprise and/or the quantity and/or type at minority and women•owned business participation; (I.) A requirement -that each successful bidder or offeror agree to -provide a sworn statement of compliance with the provisions of this Ordinance and its $ptelfie applicability to the purchase or contract award ender consideration) such stattitnt shall certify that the bidder or offerers during the 1 Vest",depending upon their own annual self•sol l � be listed n only one 11) of the categories: race, i a, tender. s 10062 r 'leeu►s• of tine involved to t.� performance, of the contract sought by loch bidder or offerer; =Mall not discriminate against any business; empioyea or applicant for employment because of its, athoieity; 'race; Brood; color, religion; sex, national arigin, handicap or marital status; (4.) A statement of the extent to which the business enterprise has as one or more of its partners or principals persons whe%ars Black; Ntspanic. or Voman, or is a joint venture comprised of a non -minority and minority business and/or women -owned enterprise. ($*I A requirement that each bidder submit along with the bid or proposal an Affirmative Action Plan (AAP1. Any significant equity partieipants; joist venture participants, sub -contractors; suppliors or other parties to the bid or jo,.,,4:n1 shall also be rogaired to submit seek plans. :j.) A provision specifying the requirements for continued bidder or offeror eligibility including minority and tousle invoivement. Section g. Bidders or offerors shall be required to demonstrate a reasonable and good faith offset to solicit and obtain the participation of qualified minority and vases -owned bestsesses to all bid and proposal documents. Section S. txcept where federal or state law or regulations mandate to the contrary; the provisions of this $action will be applicable to all City of Niami, probed, bid, contract or other agreements negotiated by the City= Section 7. The Ninarity and homes Business Affairs and Preeurement Program establish*d herein shalt be is effect only until such timo as the effects of prior unwarranted discrimisatiem against Blacks; Nispanics and Vases have been compensated fors at which time the goals and sot -asides provided for karats shall no longer be observed. Such need shall be reviewed every two years by the City Commission, upon the recomsendatien of the City Nanagar. Section S. Ordinance No. 9771, the Ninority Procurement Program Ordinance of the City of Miami, Florida, is hereby repeated. d