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HomeMy WebLinkAboutR-83-0212J-83-231 rr -, � �• RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR A SPECIALTY SHOPPING CENTER TO BE LOCATED ON APPROXIMATELY 20 ACRES SURROUNDING AND ADJACENT TO MIAMARINA TO BE KNOWN AS BAYSIDE; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND ESTABLISHING A REVIEW COMMITTEE AND APPOINTING MEMBERS THERETO TO EVALUATE PROPOSALS AND MAKE RECOMMENDATIONS TO THE CITY MANAGER, AS REQUIRED BY CITY OF MIAMI CHARTER AMENDMENT PROVIDING COMPREHENSIVE PROCUREMENT PROCEDURES APPROVED BY REFERENDUM, NOVEMBER 2, 1982. WHEREAS, a comprehensive procurement procedures ordinance was submitted to referendum and passed on November 2, 1982, amending the Charter of the City of Miami; and WHEREAS, said Charter Amendment 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 the development of improvements; and WHEREAS, the City Commission determined on January 13, 1983 that for the development of a special shopping center on approximately 20 acres* of City -owned land surrounding and adjacent to Miamarina it is advantageous for the City to procure from a private person one or more of the following integrated packages comprising a unified development project: - 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 ------------------------------------------------------------ *Subsequent to adoption of Resolution No. 83-17 on January 13, 1983, the geographic area of the herein Project was increased from 15 acres to 20 acres through adoption of Resolution No. 83-211 on March 18, 1983. CITY COMMISSION MEETING OF MAR 18 1983 " Ito. S, 3 ".'2-tom h_ WHEREAS, said specialty center shall include restaurants and food services, specialty retail shops, entertainment facilities, public purpose facilities, parking, access and service facilities; and WHEREAS, said Charter Amendment requires that the City Commission hold a public hearing to consider the contents of the request for unified development project proposals; and WHEREAS, said Charter Amendment further requires that at the conclusion of the public hearing the City Commission authorize the issuance of a Request For Proposals, select a certified public accounting firm and appoint the members of a review commttee from persons recommended by the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a Request For Proposals in substantially the form attached for a specialty shopping center to be located on approximately 20 acresl surrounding and adjacent to Miamarina to be known as Bayside. Section 2.a. The certified public accounting firm of Coopers & Lybrand is hereby selected to evaluate the Proposals and report to the City Manager. b. If the City Manager cannot negotiate an agreement which, in his opinion, is fair, competitive and reasonable, with Coopers & Lybrand; then he is hereby authorized to terminate such negotiations and to proceed to negotiate with Touche Ross & Co. and the latter firm shall be authorized as the City Commission's selection. c. If the City Manager cannot negotiate an agreement which, in his opinion, is fair, competitive and reasonable, with Touche Ross & Co.; then he is hereby 1 Subsequent to adoption of Resolution No. 83-17 on January 13, 1983, the geographic area of the herein Project was increased from 15 acres to 20 acres through adoption of Resolution No. 83-211 on March 18, 1983. -2- 63- 1ti- authorized to terminate such negotiations and to proceed to negotiate with Peat, Marwick, Mitchell & Co. and the latter firm shall be authorized as the City Commission's selection. Section 3. A review committee is hereby established to evaluate the Proposals and make recommendations to the City Manager, as required by the City of Miami Charter Amendment providing comprehensive procurement procedures approved by referendum, November 2, 1982 Section 4. The following individuals are hereby appointed to the proposed review committee: MEMBERS OF THE PUBLIC a. Committee Chairman: David Weaver b. David Blumberg c. Tina Hills d. T. Willard Fair e. Herbert Leeds f. Dan Paul CITY OF MIAMI OFFICIALS a. Roger Carlton b. Carlos Garcia c. Roy Kenzie d. Adrianne Macbeth e. Jim Reid PASSED AND ADOPTED this 18 day of MARCH , 1983. MAURICE A. FERRE MAURICE A. FERRE M A Y O R ATTEST: RALPjVG. ONGIE, CITY CLE -3- 83_.,1„ 0 \J PREPARED AND APPROVED BY: ROBERT F. CLARK` DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 2 IA,, �' V, Me� � - _ E R. GARCIA-PEDROSA ITY ATTORNEY -4- REQUEST FOR PROPOSALS CITY OF MIAMI BAYSIDE SPECIALTY CENTER MARCH 1983 MAURICE FERRE, Mayor J.L. PLUMMER, Vice Mayor JOE CAROLLO, Commissioner MILLER DAWKINS, Commissioner DEMETRIO PEREZ, Commissioner HOWARD V. GARY, City Manager Proposals Due: 2:00 p.m. August I, 1983 Jim Reid, Assistant City Manager 3500 Pan American Drive Miami, Florida 33133 83-02i2 4 0 TABLE OF CONTENTS Cover Letter Page I Public Notice I 11 Proposal Overview 2 Summary 2 Proposal Format and Legal Requirements 3 Proposer's Development Plan 7 Estimated Construction Cost 9 Proposer's Method of Operation 9 Proposer's Method of Financing Development 9 Additional Requirements 9 Evaluation Criteria 10 Financing Strategy 12 Schedule 13 III Facility Requirements and Design Criteria 14 The Site 14 Historic and Physical Environment 16 Public Spaces 17 Existing Restaurant Facilities 17 Existing Municipal Auditorium 17 Additional Facilities 17 IV Operational Requirements 18 Management 18 Advertising and Promotion 18 Equal Opportunity, Minority Employment and Business Utilization Requirements 18 V Declaration 19 VI Financial Disclosure and Professional Information 20 VII General Contract Terms 35 APPENDICES A. Demographics and Tourism B. Downtown Miami Economic Impact C. Regional and Site Maps D. Existing Restaurant Plans and Description E. Existing Auditorium Plans and Description F. Bayfront Park Redevelopment Plans and Description G. Port of Miami Master Plan H. Southeast Overtown/Park West Community Redevelopment Plan I. Survey and Legal Description J. Enabling and Pertinent Legislation K. Grand Prix Race Course 83--2012 0 0 PUBLIC NOTICE The CITY OF MIAMI is inviting interested parties to submit unified development project proposals for the planning and design, construction, financing and management of a waterfront specialty center, to be known as BAYSIDE, under a long term lease agreement with the City of Wami. BAYSIDE is expected to provide up to 200,000 square feet of new commercial and public space. The site presently incorporates a 42,000 square foot municipal auditorium facility, a 550 seat restaurant, 780 parking spaces and service facilities and is adjacent to and surrounds a 208 slip municipal marina. Proposals will be received by the Ralph G. Ongie, City Clerk, City Hall, 3500 Pan American Drive, P.O. Box 330708, Miami, Florida 33133 no later than 2:00 PM on August I, 1983 and will be publically opened on that day. Applicants will demonstrate knowledge and experience in the area covered by their proposal. All proposals shall be submitted in accordance with the Request for Proposals documents which may be obtained from the City Clerk of the City of Miami. These documents contain detailed and specific information regarding the property being offered for lease and the City's goals for the use of the property by the successful proposer. The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, to waive any irregularities in any proposal 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, the dollar amount return offered to the City, the proposer's financial qualifications, the professional reputation of the proposer, and the evaluation by the City of all proposals submitted in support or explanation of their proposed use and development of the property. Howard V. Gary City Manager `'3-212 4 0 II PROPOSAL OVERVIEW SUMMARY The City of Miami is extending invitations to qualified developers/lessees to submit bid proposals for the development of a specialty center to be known as Bayside on a City owned waterfront land parcel which includes a marina and restaurant known as Miamarina and the City of Miami Bayfront Auditorium. Bayside is to be designed, built and operated by the successful proposer under a long term lease agreement with the City. The property encompasses approximately twenty acres within the downtown Miami Bayfront Park system including a 50,000 square feet restaurant facility currently operating with a 550 seat capacity, a 42,000 square foot municipal auditorium, 780 parking spaces and surrounding and adjacent to a 208 ship quality visitor marina. Located mid -point in the 100+ acre park system, the site lies between Biscayne Bay to the east and Biscayne Boulevard, the showcase boulevard of downtown Miami to the west. A portion of the north is bounded by Port Boulevard, the entrance to the Port of Miami, the world's busiest cruise port terminal with nearly 1.6 million passengers annually and Miami's expanding industrial terminal. Immediately to the south the City is currently implementing an 28 acre park improvement project designed by sculptor Isamu Noguchi. The $20 million Bayfront Park redevelopment includes outdoor performing arts facilities, several significant sculptures and fountains, children play equipment, a bayside prominade, park concessions and as well incorporates a treasure of existing specimen landscape. The initial phase seawall replacement, rip rap placement, baywalk, fountain and water taxi piers is scheduled to begin construction in mid summer. Other aspects of the park reconstruction will be implemented over the next several years. The site enjoys access from Biscayne Boulevard which is also US I and Port Boulevard both of which link directly to Interstate 1-95 and the SR-836 Airport Expressway, the areas major arterials. Additionally, the site lies adjacent to the Bayfront Park Station of a Downtown People Mover System currently being implemented. The People Mover will link all areas of downtown to the new Metrorail Area Rapid Transit, a one billion dollar commuter transportation system currently under construction and scheduled to be operational in 1985. The City is seeking a new building development that will create the most active and productive use of this premier site. The project will include restaurants, fast-food services, retail boutiques, markets and entertainment areas responsive to the urban, environmental and design factors inherent to the Miami waterfront and the Bayfront Park systern. As an urban specialty center, the facility is expected to provide as much as 200,000 square feet of commercial and public space exclusive of the existing 50,000 square foot restaurant presently on the site. Parking and all facilities ancillary to the specialty center would be expected to be on -site. The 42,000 square foot municipal auditorium within the site will be made available to the project for either rehabilitation or demolition and reuse. Special events and ongoing use of both the waterfront site and Bayfront Park will stress live -2- 8• ,�� 12 4 & entertainment and cultural activities. The combined developments intend to promote a focal point for community participation from the entire region. The Bayside waterfront complex should be designed to attract all segments of the two million resident community as well as South Florida visitors, a market currently in excess of twelve million annually. Proposals shall include and will be evaluated on the proposed development program, project definition, site plan and design concept, financing strategy, feasibility and potential return to the City. The City places great emphasis on the uniqueness of design quality and functional interrelationship of planned uses in the development of the Bayside complex. Therefore, the City will carefully study the qualifications and past performance of the developer, and its architects and other design consultants. It will review and evaluate their past projects to determine their ability to carry out and meet the City's expectations. PROPOSAL FORMAT AND LEGAL REQUIREMENTS The City of Miami Charter was amended by referendum vote on November 2, 1982, providing comprehensive procurement procedures. The following portion of the adopted ordinance is applicable to the unified development project proposals being sought by the City in this request for proposals: "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 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 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 which 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. Requirements of Requests for Proposals 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 -3- 8 3- 0.12 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. 0i) 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 WOO hereof. (vi) A reservation of the right to reject all proposals and of the right of termination referred to in sub -section (e)(iv), below. Issuance of Request for Proposals; Selection of CPA Firm: A 2ointment o eview ommittee 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; 00 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. Procedure for Selection of Proposal 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 commission based only on the evaluation C'i 3 �"!.r 1 �. -4- A criteria applicable to said certified public accounting firm con- tained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the City hAanager. (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 recom- mend one or more of the prrposals 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 recommendation. 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 aforemen- tioned 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 afore- mentioned reveiw 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 commit- tee, 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. -5- "�'3--'012 Execution of Controcts 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." The Bayside Specialty Center request for proposals seeks an integrated development package including planning and design, construction, financing, leasing and management of up to 200,000 square feet of new structures, including restaurants and fast food services, retail shops, entertainment facilities and public space. New structures shall be limited to a maximum height not to exceed that of the existing Reflections on the Bay restaurant (50 feet above grade, 57 feet above mean water level). Additionally, all new structures shall recognize the view corridor requirements set by City Charter. The aforementioned ordinance includes the further language that "The City shall lease to or contract with private firms or persons for the commercial use or management of any of the City's waterfront property only on condition that: the terms of said contract allow reasonable public access to the water, reasonable public use of such property and comply with other charter waterfront setbacks and view corridor requirements. City Ordinances require that I117 percent of construction funds, when public funds are used, be set aside for "art in public places'! This applies to the extent that Federal, City or Offstreet Parking Authority funds are used for construction as the public contribution to Bayside. Proposals are required to include V2 of I percent of construction funds be set aside for the some purpose, art in public places'as defined in City Ordinances. Specific charter sections and City Ordinances which apply and are pertinent to the Bayside project are included in Appendix J. Ground level access to valet parking and service for the existing Reflections on the Bay restaurant shall be maintained as well as marina parking and access. Existing site conditions incorporated in the lease agreement with Restaurant Associates for Reflections on the Bay and in the management agreement with New World Marinas, Inc. for the operation of the marina shall be maintained on site either as existing or by an alternative plan acceptable to the City, Restaurant Associates and/or New World Marinas. The request for proposals shall additionally allow the proposers the option to renovate and incorporate the existing Bayfront Municipal Auditorium for the same uses, i.e. - restaurant and food services, specialty retail shops and entertainment facilities, plus any public purpose use that would be compatible with the total Bayside facility. A second option would be to demolish the auditorium and use that portion of the site for new structures, incorporating the some proposed specialty center uses, or for parking. A third option is to not include the Auditorium in the proposed development. In addition to the 203 parking spaces now provided on site for Reflections on the Bay and the marina, the Miami Off -Street Parking Authority now maintains 577 metered parking spaces on the site. The project shall continue to provide at a minimum, the same number of spaces on Site A and/or Site B as depicted on the accompanying site plan immediately following this section. All parking spaces provided on either or both Site A and Site B shall be operated by the Miami Off -Street Parking Authority. If the proposers includes constructing or financing construction of any part of fhe parking requirements, the proposer will be required to negotiate and -6- 83'-I'Z'012 enter into a separate management agreement with the Off -Street Parking Authority subject to the approval of the City. Additional uses of the site shall be limited to access, parking facilities and infrastructure requirements for the project. Site A, the available land parcel for the Bayside facilities, of approximately twenty acres is defined on the accompanying site plan illustrating the boundaries. The site includes a portion of existing Bayfront Park land (Area A-3). It is, however, not intended to be a net land area loss to Bayfront Park because of a 2.06 acre new land fill at the northeast portion of the park adjacent to the proposed development. Proposed structures upon which the lease agreement will be based shall not exceed a land area of 2.06 acres within Bayfront Park. The City and/or the Miami Off -Street Parking Authority would propose to make available up to $8,000,000 from tax exempt bonds and/or seek a Federal Urban Development Action Grant for preparation of the site by providing infrastructure and public facilities including but not limited to vehicular and pedestrian access and service roads, parking facilities up to 500 spaces, sanitary sewer, site utilities and Bayfront Park amphitheatre support facilities, proposals which include building within the bermed edge of the amphitheatre are required to allocate space for the amphitheatre support facilities within the bermed area and occessi�le to the amphitheatre stage. Service 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. The developer will be expected to pay municipal taxes on all improvements. As per Item (E) (IV) of the Charter Procurement Ordinance Section on Unified Development Projects "substantial increase" or "material alteration" will be defined as a 10% increase to the City's proposed commitment of funds, property and/or services. The City and/or the Miami Off -Street Parking Authority would expect to derive debt service coverage and potential profit from the operation of the public facilities constructed with bond revenues and the lease payments derived from a ground lease agreement with the successful proposer. Proposals are required to state a minimurn guarantee and a percentage of gross revenues as lease payment. PROPOSER'S DEVELOPMENT PLAN Describe your plans for development of the Bayside facilities including the number of buildings and their uses, square footage, heights, etc., architec- tural features, methods of construction, number of retail entities, restaurant seats, etc., and porking requirements (by development phase, if more than one phase is proposed). Special features or attractions and architectural character should be precisely described. Schematic drawings by on architect licensed to do business in the State of Florida illustrating the proposed development is required. Schematic drawings shall include basic site and building relationship plans at 1/16" -7 - 8 3--ti 12 BAYSIDE SPECIAL* CENTER SITE BOUNDARIES •.— — ----- `. 1 i [ G RiY,.pA01RiCRS A r e a B ,uaeo,RRR,iwwa L a y C AUDITORIUMl� 0 I� {LL, • C R t M i � O i! 7 MIAMARINA NISCAVME RAT �,q ", Area AU rea � 1 �` � ! MttIRR,'t Ii,RMt 7 CENTRAL BUSINESS DISTRICT f e :♦1tr. i RAVE RONT PARK _ .` u*. p.t .aRa rwanr•t .wor,RRr e` i � { Area A5 11 Area' i : III it _ _ 8 t131— 012 to 0 scale and diagrammatic sections and elevations showing vertical relation- ships also at 1 / 16" scale. The presentation should also include a black and white aerial perspective or isonometric sketch. All schematic presentation drawings should be board mounted for the convenience of City review. Your development plan description should include information on how construction will be contracted, i.e., proposer acting as contractor or proposer contracting with a general contractor or construction manager. If a general contractor or construction manager will be involved, then the applicable pages of the Proposer's Questionnaire included in Section VII must be completed by the general contractor or construction manager. The City will also welcome any concept plans, architectural drawings, or model the proposer may wish to submit in addition to its development plan description and the required schematic drawings. ESTIMATED CONSTRUCTION COST Furnish a construction cost estimate by use (i.e, restaurants, shops, parking areas, landscaped areas, etc.) for the entire proposed complex. Also, include as separate items the estimated cost of furnishings, fixtures and equipment. If the development will be constructed in phases, the costs for each phase should be shown separately. Include a schedule of approximate dates that each significant improvement is expected to be completed. PROPOSER'S METHOD OF OPERATION Describe your operation of the entire proposed complex. Your description should include an organization chart; job descriptions of key positions; brief outline of operating procedures; how and where the complex will be advertised; indication of which businesses you intend to operate and which businesses you intend to sublease or have operated under a management contract. Discuss any operational services and uses which you will seek permission to provide. If independent management services is to be involved, then the applicable pages of the Proposer's Questionnaire included in Section VII of this document must be completed by the management contractor. PROPOSED METHOD OF FINANCING DEVELOPMENT Describe how development of all aspects of the Boyside Specialty Center shall be financed (include the amount of equity capital, amount of interim financing, amount of permanent financing, source of equity institutions, preliminary letters of commitment, etc.). ADDITIONAL REQUIREMENTS In addition, to be considered complete, proposals must include the following: Financial disclosure and Professional Information as detailed in Section VII of this document. A market analysis justifying proposed restaurant, fast food service, retail and entertainment mix, parking and access service requirements and including a pro -forma statement of anticipated project income and expenses projected for 10 years. in 0 • A response to all aspects of the General Contract Terms as detailed in Section Vlll of this document including the dollar amounts for minimum annual payments to the City and a schedule of the percentages of gross receipts to be paid to the City over the duration of the proposed lease term. A schedule including all steps of planning and design, construction and operation including any proposed future expansion anticipated. Letters from financial institutions documenting the proposer's ability to finance the proposed development. Letters indicating the proposer's ability to obtain required bonds and insurance. Letters documenting the proposer's past experience in related develop- ment and management. Resumes of key individuals to be involved and documentation of minority participation. The proposers are expected to maize all disclosures and declarations as requested and to deliver along with the proposal a cashier's check for $20,000 which shall be non-refundable to the successful proposer. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter as detailed in the ordinance previously included in this document. The City of Miami Commission consisting of 5 elected officials, including the Mayor, will name the successful proposer based on recommendation of the City Manager. At a public hearing held March 18, 1983, the City Commission authorized the City Manager to issue this Request for Proposals and at that same hearing appointed an eleven member review committee from recommenda- tions submitted by the City Manager and further selected a Certified Public Accounting firm both to evaluate submitted proposals. The review committee established by the City Commission at the public hearing will make recomrnendations to the City Manager regarding pro- posers' qualifications and experience. The specific evaluation criteria to be used by the Review Committee follows: 1. Experience of the development team, including specific experience on similar projects ......................... 25% 2. Financial capability, level of financial commitment and anticipated financial return to the City .................. 25% 3. Overall project design ............................... 25% -10- 83-- :12 ri 4. Project management plan ............................ 15% 5. Extent of minority participation (Latin/Black) ............. 10 The following evaluation factors are illustrative, primarily to provide guidance to the Review Committee and proposers: I. THE EXPERIEI',iCE OF THE DEVELOPMENT TEAM, INCLUDING SPECI- FIC EXPERIENCE ON SIMILAR DEVELOPMENTS - Assess qualifications and experience of project leaders, team members and consultants. - Evaluate specific experience of development team in relationship to work on specialty centers or mixed use/activity center type of projects, etc. 2. FINANCIAL CAPABILITY, LEVEL OF FINANCIAL COMMITMENT AND ANTICIPATED FINANCIAL RETURN TO THE CITY - Assess the financial capability of the team, including the equity commitment, financing strategy, access to construction financing and proposed return to the City, including minimum guarantees and share of gross sales, etc. 3. OVERALL PROJECT DESIGN - Assess the innovative and imaginative siting of facilities. - Resolution of access and service. - Aesthetic qualities and compatibility of design with waterfront and park setting. - Innovative and imaginative design features. - Security, energy efficiency, accessibility for the handicapped, imaginative and creative use of graphics, fighting, landscaping, water features, public spaces and pedestrian areas. 4. PROJECT MANAGEMENT PLAN - Assess quality and organization of management team, marketing strategy for space, consumer sales and attracting tourists, tenant mix, including rationale for specific food programs; methods of providing maintenance, food supply handling and storage methods and special security arrangements, etc. 5. EXTENT OF MINORITY PARTICIPATION (LATIN AND BLACK) - Assess participation of design development team and equity participation. - Assess hiring during the construction phase. -11- 83-- 412 `J Assess special business development opportunities for minorities and hiring outreach and training opportunities in relation to operation and maintenance of facilities, etc. The certified public accounting firm selected by the City Commission at the public hearing will specifically evaluate the financial viability of the proposed development teams and their proposed financing strategies and will assess cornparatively the short and long range economic and fiscal return to the City. Additionally, they will assess the proposers' market analysis and conclusions regarding scale and mix of commercial and public facilities and evaluate the economic feasibility of the proposed development. The timetable for completion of the proposed construction will be considered, as well as the Proposer's plans and commitment to minimizing the impact 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 proposer must post a bond to insure that additional phases will, in fact, take place as planned. Proposals must present an definitive development program, project defini- tion, site plan and design concept, financial strategy and feasibility and a guaranteed time of completion schedule that can be realistically evaluated under the requirements of the request for proposal to form the basis for selection by the City. FINANCING STRATEGY The proposer is expected to provide financing for all building and site improvements including the refurbishment of the City's Bayfront Audi- torium, if this option is excercised, with the exception that the City is prepared to expend up to $8,000,000 construction funds to provide vehicular and pedestrian access, infrastructure, utilities and parking facilities within the constraint of this dollar amount. The City retains the option to provide these funds by bond financing in total or by including a portion being funded thru the Wami Off -Street Parking Authority or in the alternative, all or a portion being provided by an Urban Development Action Grant (UDAG) from the U.S. Department of Housing and Urban Development (HUD), should these funds become available, as a part of the overall development strategy. The amount of a potential UDAG grant will be in part determined by the scale of private sector capital committed to the project and will require the successful proposer to participate with the City of Miami in the application. The Miami Off -Street Parking Authority will maintain and receive revenues generated by all parking on the site. Site B, depicted on the accompanying site plan, is included exclusively to provide area for parking. Site B is being considered for the future at grade and overhead portions of the landside connection for a new Port of Miami bridge. Site B is included here as a part of this request for proposal in order to provide a potential of 300 parking spaces in and around the new bridge structure within close proximity of the Bayside project. The City's commitment of funds to the Bayside project assumes a parking structure on Site A as well. The Miami Off -Street Parking Authority will operate these parking facilities with the intent of recovering the capital outlay, operational costs and debt service required for the financing of such parking facilities. Parking rates during the term of the -12- lease agreement will be determined by mutual agreement between the lessee the Miami Off -Street Parking Authority and the City of Miami in order to not be detrimental in any way to the successful operation of the total facility. The proposer is expected to determine a projected parking demand and to propose designs for providing adequate facilities on Site A and/or Site B. In general it is expected that the proposer provide financing for public spaces and the ancillary amenities associated with the development. The City will provide vehicular access and service roads and acutrements, interface connections on adjacent properties (all of which are City owned) and utilities infrastructure to the site. City owned property is held in public trust and connot be mortgaged or subordinated in any way as a part of the lease agreement. The City is prepared, however, to accept the secondary position of lease payments, a form of subordination, to the extent determined to be reasonable in helping the successful proposer obtain financing. The term of the lease agreement between the successful proposer and the City of Miami should be reasonable related to the financing strategy. All improvements upon the site will revert to ownership by the City of Miami at the expiration of the lease term. The City of Miami financed and owns the existing Miamarina restaurant facility. Restaurants in this facility are operated under a lease agreement with Restaurant Associates, a private management firm (lease agreement included as a port of Appendix J.) This lease runs through 1995 with a 5 year option by mutual consent of both parties. SCHEDULE Request for Proposals Available Pre -proposal Conference Proposals Opened and Made Public Interviews with Proposers Meeting Qualifications Review Committee and C.P.A. firm recommendations to City Manager City Manager's recommendation to City Commission at regular monthly Commission Meeting Begin Contract negotiations with first ranked proposer City Manager submits Contract for City Commission Approval -13- March 29, 1983 April 25, 1983 2:00 -August I, 1983 Week of august 8, 1983 September 5, 1983 October 13, 1983 October 24, 1983 December 8, 1983 8 3--ti1r0Z 4" iii FACILITY REQUIREMENTS AND DESiGN CRITERIA THE SITE The accompanying site plan depicts the site boundaries for Areas A and B. Area B is included as an optional site exclusively for additional parking. The proposed new port access bridge requires a large portion of Area B for grade separation, support columns, relocation of an existing railroad access to the Port of Miami and redeveloped north access to the Bayside site. it is estimated that 300 parking spaces could be fitted in and around the structure and roadways including adequate landscape improvements at grade and on berms. The development of. Area B requires pedestrian access north/ south between Bayside and the future development of the northerly properties, F.E.C. tract. Specifically, a wateredge Baywalk shall be developed continuing the City's planned wateredge treatment being devel- oped along the Miami River and major portions of the downtown Biscayne Bay wateredge, as shown in Appendix C. Area A, the development site is divided into 5 separate areas in order to distinguish certain legal restraints, special requirements and existing features. Area A-1 includes the existing Miamarina restaurant building, a three story structure dominates the site and includes a one story structure extending along the northeastern edge of the marina accommodating marina support facilities including dockmaster, laundry and boat sales areas. The area also includes 44 parking spaces and access to the marina docks all of which is included in a management contract agreement with the marina operator. Additionally, restaurant service, valet parking surrounding the restaurant, restaurant entrance dropoff, vehicular access and emergency vehical access all fall within this area. Area A -I is constrained by the following conditions: 1. The lease agreement with Restaurant Associates for the operation of restaurant facilities includes an exclusivity clause restricting this entire area by prohibiting the sale of food or beverages by other than Restaurant Associates. The options available to the proposers include not using the site for any development, new facilities on this site which do not include food or beverage sales or negotiating a separate agreement with Restaurant Associates acceptable to the City. The lease between Restaurant Associates and the City of Miami runs through 1995 and has a 5 year option at the mutual agreement of both parties. The lease is included in Appendix J. While the City encourages design integration with the Miamarino restaurant facilities, there is no numerical weighting in the evaluation criteria favoring joint ventures with Restaurant Associates. 2. The Restaurant Associates lease also sets aside an area of this site for non-exclusive parking for restaurant patrons and as well provides for service access to the restaurant facilities. 3. Parking on the site includes an area for exclusive parking for restaurant -14- ti i patrons, 44 spaces exclusively for marina users and 570 metered spaces operated by the Miami Off -Street Parking Authority. The City highly recommends consideration be given to retaining ground level service, parking, access, etc., and constructing the first level of any new facilities one story above existing grade. Federal Flood Criteria for the entire site requires a minimum of floor elevation eleven feet above mean water level. Existing roads and walkways are presently at seven to nine feet. Immediately to the south of the marina site, Bayfront Park Redevelopment plans, include a bermed outdoor amphitheater reaching a maximum elevation of twenty four feet. It is anticipated that the park berm edge could meet the elevation of the first level of the specialty center facilitating at grade pedestrian access. This further would provide a separation between Bayside patrons and marina users as well as all service access for the center. Alternatives for dealing with the parking and access requirements for this area will be considered and will require the mutual agreement of the parties affected. Area A-2 includes the existing Bayfront Municipal Auditorium and metered parking operated by the Miami Off -Street Parking Authority. All pertinent information on the City owned auditorium are included in Appendix E. The City in offering the following options for use of the auditorium: 1. The auditoriums can be refurbished and used as a part of the project for all uses included in the specialty center or additionally including any other public purpose use compatable with the overall project. 2. The auditorium can be demolished and the site can be developed as a part of the project with the sarne uses allowed, as well as, to provide parking either on grade or by a new structure. 3. The auditorium can remain as it presently exists without responsibility to the proposer for future use and maintenance. Area A-3 lies within the Bayfront Park redevelopment project and includes an eastern edge fronting on Biscayne Bay. The site surrounds the future outdoor amphitheater being developed as a part of the Bayfront Park project and it is expected that development on this site intergrate with the amphitheatre and the Bayview. While this site area is approximately 6 acres, the buildable area is limited to not exceed 2.06 acres. As a part of the park redevelopment, the City is filling an area of Biscayne Bay equal to 2.06 acres and there is the commitment to retain no net loss of park land area. Area A-3 will include a revised access to and from Biscayne Boulevard at North East Fourth Street. The City intends to lease only the land area covered by building facilities within this area. The lease area will be limited to 2.06 acres. The larger geographical area is offered in order to allow building development responsive to the several site limitations and to take the greatest advantage of existing conditions. Proposals must take into consideration the Bayfront Park Redevelopment plans, particularly in connection with buildings facing Biscayne Bay and the Baywalk. The City will value highly a proposal which integrates positively with the Bayfront Park Redevelopment plans. -15- 83 1 .1 i The successful proposer will be expected to work with the architects and designers of the Bayfront Park Redevelopment in order to insure that both projects will gain from their coexistence. Additional limitations to this site include a seventy two inch force main sanitary sewer line running east -west and shown on the site plans included in this document. No foundation or structure may fall within 10 feet of the certerline of the force main. Area A-4 is a proposed restaurant facility within the Bayfront Park Redevelopment project. Preliminary design of the restaurant was included in the work by the Bayfront Park architects and the city intends to seek a concessionaire to operate the facility. It is included here as an option to be included as a part of the Bayside proposal. If the proposer includes this option, complete services, construction, financing and operation by the proposer will be expected. Plans and pertinent information on this proposed facility is included in Appendix F. Any proposed alteration to existing design will require approval of the City and the City's architects. Area A-S includes a small area at the base of a major light tower feature of the Bayfront Park Redevelopment project which anticipates food service and retail potential and is included here as an option to the proposer. The City anticipates seeking a concessionaire for these facilities and would desire the installation and operation of these facilities within the proposed structure being built by the City to be included as a part of the Bayside proposal. In order to mantain a reasonable profile within the park setting and the City's major waterfront, the City is setting a height limitation on any new structure to be developed on any part of Area A not to exceed the highest point of the existing restaurant structure (57 feet above mean water level). City Charter establishes setbacks and view corridor requirements of all waterfront properties that are applicable to this site as well as pedestrian access requirements. (Applicable portions of the City Charter are included in Appendix J.) These conditions must be met for a proposal to qualify. The City of Miami has licensed an annual Grand Prix Auto race which runs a course including Biscayne Boulevard, Bayfront Park and areas of the Miamorina site. These events have a major economic impact on downtown businesses as well as gaining national and international attention for Miami. The City recommends that proposers consider maintaining site access for the proposed future course or submit an alternative plan to be considered by the City and the promoter (course plan included in Appendix K.) HISTORIC AND PHYSICAL ENVIRONMENT The City expects the proposed architecture to be responsive to the South Florida sub -tropical climate and in particular the Bayside waterfront sub - climate with breezes prevailing from the Southeast off of Biscayne Bay. The City does not seek an architecture or a setting imitative of any other geographic area. The appropriate historical context for the Miami waterfront can best be expressed through the use of indigineous building materials and forms that are responsive to the major natural conditions. -16- L Heavy rainfall, high humidity, ever present conditions would suggest unique architectural and takes advantage of these factors. PUBLIC SPACES sun and periodic high vwind response that both shelters Public spaces should be designed to accommodate both programmed entertainment and spontaneous performances. Lush landscape treatment, materials and site furniture should be reflective of the larger park setting. EXISTING RESTAURANT FACILITIES Plans, elevations and significant information about the restaurant facilities are provided in Appendix D. EXISTING MUNICIPAL AUDITORIUM The City is offering these facilities for the proposers option to renovate or demolish. It is expected that either the renovated facilities or new facilities would include the some allowed uses as the marina site specialty center facilities and as well could include other public purpose uses compatible and supportive to the entire facility. An Adaptive Use Study for the Bayfront Municipal Auditorium which includes plans, elevations and descriptive information is included in Appendix E. EXISTING MARINA Plans, elevations and descriptive information is included in Appendix F. ADDITIONAL FACILITIES Parking requirements, new access from Biscayne Boulevard, all service, access and ancillary facilities requirements should be thoroughly addressed in the proposal. -»- 83-`'12 ti ti IV. OPERATIiJG REQUIREMENTS MANAGEMENT Lessee will be required to maintain reasonable operating hours and proposals should include a year round schedule for all proposed uses and concession. On site management and staff requirements should be detailed as a part of the proposal. Interface with City departments should be included. Method of recording cash receipts should be included. The City would expect daily records of gross receipts be kept and reported accompanying regular payment to the City. The lessee will pay all license fees applicable taxes including property taxes and insurance requirements. ADVERTISING AND PROMOTION Proposals should elaborate plans for advertising and promoting all aspects of the Bayside facilities and programs. The City looks to the total redevelopment of it's downtown waterfront properties as providing a major attraction for destination visitors. This includes the Bayfront Park Redevelopment Project the commercial develop- ment of Miamarina/Bayside, the future development of recently acquired 35 acre site just north of the proposed Bayside project (proposals include a Maritme/Transportation Museum, Aquarium ete.) Bicentennial Park continu- ing north and Watson Island with currently envisioned recreation, entertain- ment and cultural facilties to be developed on the southwest half of the 87 acre site. Lessee advertising and promotion will be expected to include these facilities as in turn, promotional resources available to the City will include Bayside as a major Miami attraction. EQUAL OPPORTUNITY, MINORITY EMPLOYMENT AND BUSINESS UTILI- ZATION REQUIREMENTS All contractors shall comply with all applicable minority advancement ordinances including the provisions of City of Miami Ordinance No. 9530 included in Appendix J. Minorities are expected to be an integral part of the design/development team, participate substantially in construction contracts and jobs, and comprise a significant part of permanent management team, businesses and work force created by the development. S3--f:12 3 V DECLARATION Howard V. Gary City Manager City of Miami, Florida Submitted , 1983 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 this Proposal pertains, that this Proposal is made without connection or arrangement with any other person and that this Proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he has complied in every respect with all of the instructions to Proposers, that he has read all addenda, if any, and that he has satisfied himself fully relative 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. Signature Title Name of Firm, Individual or Corporation -19- Signature Title :4 VI FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE A proposal for the development and management of the i3ayside specialty center site shall not be considered unless all the information requested in this questionnorie 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 8112"Al" supplemental sheets. Photographs or other illustrative materials should be placed in an envelope identified by the proposer's name and address and identified by the page'number of the questionnaire to which the supplemental material is applicable. 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 opera- tional manager is to be involved, then the applicable pages of this questionnaire should be completed for each such entity. -20- 63- 0. I PROPOSER INMI ' Address for purposes of notice or other communication relating to the proposal Telephone No. The proposer is a Sole Proprietorship ( ); Partnership ( ); Corporation (); Corporation ( ); or _ Explain: -21- 8 3- :12 ,16 1 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: I. Date of Organization 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded? Yes ( ) No ( ) Date Boo _ 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. -22- "it CORPORATION STATEMENT If proposer is corporation, answer the following: 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 ( ) 5. If publicly held, how and where is the stock traded? 6. List the following: Authorized (a) Number of voting shares: (b) Number of nonvoting shares: (c) Number of shareholders: (d) Value per share of Common Stock: Par $ Book $ Market $ Issued Outstanding 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 separates pages and (type corporation name on said pages and for identification purposes) and furnish the financial statement required on page. If said owner -corporations are owned by other corporations, then these other corporations must also complete separate pages and (type corporation name on said pages and for identification purposes) and furnish the financial statement require 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 and also complete pages and if corporation type corporation name on said pages and for identification purposes), and furnish financial statement required on page for the individual or corporate guarantor. -23- 83-- 0 %O PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with special emphasis upon experience related to commercial developments, restaurants and shopping centers. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the business. List the names and locations of restaurants and shopping centers currently owned and your percentage ownership, restaurants and shopping centers currently managed. In addition, please also provide photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality develop- ment for the Bayside waterfront project. 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 -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer must attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include 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. -24- 83-L12 I 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. I Name: Firm: Title: Address: Telephone: Nature and magnitude of purchase, sale, loan business association, etc.: REFERENCE NO. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: REFERENCE NO. 3 Name: Firm: Title: -25- 83-ti12 Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: REFERENCE NO. 4 Name: Firm: Title: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: -26- SO — 10' U .0 PROPOSER'S ARCHITECT Name, address and telephone number of architectural firm: Name Street Address Mailing Address City, State, Zip Code elephone Number Names of principals and their titles who will be chiefly responsible for the design of the Miamorino Waterfront development: Name Title Name Title Name Title Names, addresses and telephone number of other design consultants who will have a major role in designing the Miamarina Waterfront project. Name of F irm Name of Firm treet Address Street Address Mailing Address Mailing Address City, State, Zip Code Z7ity, State, Zip Code elep one Number Telephone Number Name of Principal Contact Name of Principal Contact -27- 83- :12 EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT Describe in detail the duration and extent of your architectural experience with special emphasis upon experience related to commercial developments, restaurants, and shopping centers. Also, state in detail the names and pertinent experience of the principals who will be directly involved in designing the Bayside waterfront project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to design a quality development for the Bayside waterfront project. 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. -28- 83-ti�% REFERENCES OF PROPOSER'S ARCHITECT List two persons or firms for whom you have completed projects during the past three years. REFERENCE NO. I Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: REFERENCE NO. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: -29- 83~ti12 EXPERIENCE STAMMENT OF PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Describe in detail the duration and extent of your construction experience with special emphasis upon experience related to commercial developments, restaurants, and shopping centers. Also, state in detail the names and pertinent experience of the principals who will be directly involved in con- structing the Bayside waterfront project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to construct a quality development for the Bayside waterfront project. 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. 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 bounding company ever been required to perfrom 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 per- formance. BANKRUPTCY INFORMATION Have you ever been declared bankrupt? Yes( ) No( ) If your yes, state date, court jurisdiction, amount of liabilities, and amount of assesta. PENDING LITIGATION Provide on attached sheets detailed information regarding pending litigation, liens, or claims in which you are involved. -30- 83--201;� I M REFERENCE OF PROPOSER'S CONTRACTOR OR CONSTRUCTION ir1ANAGER List two persons or firms for whom you have completed projects during the past three years. REFERENCE NO. I Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: REFERENCE NO. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: -31- PROPOSER'S MANAGEMENT CONTRACTOR Name, address and telephone number of management contractor: Name Street Address Mailing Address City, State, Zip Code Telephone Number Names of principals and their titles who will be chiefly responsible for the operation of the Boyside Waterfront Development: Name Title Name Title Name 1 itle -32- ti �:3-12 EXPERIENCE STATEMENT OF PROPOSERS MANAGEMENT CONTRACTOR Described in detail the duration and extent of your management experience. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the management of the Bayside waterfront facilities. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to manage 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. 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 in which you are involved. -33- S3"' :111-1 `J 6 REFEREVICES OF PROPOSER'S MANAGEMENT CONTRACTOR List two persons or firms for whom you have managed projects during the past three years or have knowledge of your hotel management capability. REFERENCE NO. I Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: REFERENCE NO. Z Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: -34- �3-tiI 6 VII GENERAL CONTRACT TERMS Upon authorization of the City Commission the City Manager shall negotiate all aspects of a contract for Development and Lease with the successful proposer. The contract shall address, but not be limited to the following topics: I. LEASE TERM 2. RENT A guaranteed minimum and a percentage of the Gross Sales whichever is greater on the Entire Premises or on the Individual Leased Parts Shall Constitute Rent. Definition of Gross Sales Payment Schedules Right to Audit No Counterclaim or Abatement Subordination of Rents 3. CONSTRUCTION OF IMPROVEMENTS Description of IMPROVEMENTS Developer's Obligation to Construct IMPROVEMENTS Submission of Plans Approval of Plans Scope of Review by CITY/Off-Street Parking Authority Changes in Plans Submission of Plans for Building Permit Contract(s) for Construction Conditions Precedent to Commencement of Construction Commencement and Completion of Construction of IMPROVEMENT Progress Reports Payment of Contractors and Suppliers Cancellation or Discharge of Liens Filed Construction Co -Ordination and Cooperation Ownership of IMPROVEMENTS 4. PREPARATION OF PREMISES FOR DEVELOPME14T DEVELOPER Assurance 5. MANAGEMENT OF LEASED PREMISES 6. EQUITY CAPITAL AND MORTGAGE FINANCING Sufficient Funds to Construct IMPROVEMENTS Notification of Securing Sufficient Funds DEVELOPER to Furnish Name and Address of Mortgagee DEVELOPER to Notify CITY of Other Encumbrances Rights and Duties of Mortgagee Obligations of Persons Other Than Mortgagee Acquiring Leashold 7. RESTRICTIONS ON USE Authorized Uses Limitation on Retail Sub -Tenants -35- 83--ti12 10 VII GEt�IERAL CONTRACT TERMS Upon authorization of the City Commission the City Manager shall negotiate all aspects of a contract for Development and Lease with the successful proposer. The contract shall address, but not be limited to the following topics: I. LEASE TERM 2. RENT A guaranteed minimum and a percentage of the Gross Sales whichever is greater on the Entire Premises or on the Individual Leased Parts Shall Constitute Rent. Definition of Gross Sales Payment Schedules Right to Audit No Counterclaim or Abatement Subordination of Rents 3. CONSTRUCTION OF IMPROVEMENTS Description of IMPROVEMENTS Developer's Obligation to Construct IMPROVEMENTS Submission of Plans Approval of Plans Scope of Review by CITY/Off-Street Parking Authority Changes in Plans Submission of Plans for Building Permit Contract(s) for Construction Conditions Precedent to Commencement of Construction Commencement and Completion of Construction of lYiPROVEMENT Progress Reports Payment of Contractors and Suppliers Cancellation or Discharge of Liens Filed Construction Co -Ordination and Cooperation Ownership of IMPROVEMENTS 4. PREPARATION OF PREMISES FOR DEVELOPMENT DEVELOPER Assurance 5. MANAGEMENT OF LEASED PREMISES 6. EQUITY CAPITAL AND MORTGAGE FINANCING Sufficient Funds to Construct IMPROVEMENTS Notification of Securing Sufficient Funds DEVELOPER to Furnish Name and Address of Mortgagee DEVELOPER to Notify CITY of Other Encumbrances Rights and Duties of Mortgagee Obligations of Persons Other Than Mortgagee Acquiring Leashold 7. RESTRICTIONS ON USE Authorized Uses Limitation on Retail Sub -Tenants -35- S312 . i r B. PUBLIC CHARGES Covenant for Payment of Public Charges Evidence of Payment of Public Charges 9. INDEMNIFICATION AND INSURANCE Indemnification of DEVELOPER Types of Insurance to be Carried by DEVELOPER Non -Cancellation Clause Certificates of Insurance Right of CITY to Obtain Insurance Non -Waiver of DEVELOPER'S Obligations Partial Loss of Damage Not to Terminate Rent or Lease Extensive Loss or Damage Rendering ItAPROVE MEI-,iTS Unusable Agreement Not To Sue 10. MAINTENANCE, REPAIR AND REPLACEMENT Maintenance and Repair Reserve for Replacements 'Haste Alterations of IMPROVEMENTS Neighboring Excavation 11. CONDEMNATION Adjustments of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 12. DEFAULT - TERMINATION Default by DEVELOPER Default by CITY Obligations, Rights and Remedies Cummulative 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 13. OPTION TO RENEW 14. REPRESENTATIONS Representations by CITY Representations by DEVELOPER 15. ASSIGNMENT AND SUBLETTING 16. MISCELLANEOUS Right of Inspection Access to Premises Recognition of Mortgagee Requirements Notices Provisions of Law Deemed Included How Agreement Affected by Provisions Held Invalid Applicable Law and Construction -36- SOi%%# � A Amendments Gender and Number Award of Contract Mortgageable Leasehold Certificates Management Agreement with Off -Street Parking Authority Non -Disturbance and Attornment Agreements Memorandum of Lease Change of Form of Ownership Reasonableness Arbitration Good Faith Binder Correction or Modification of Descriptions -37- 83 `21`' t ell - If. r 9 r4 r RN!'i f•/ t (N , r/i /r r;.: `a U /�19: "r •i� f :c , j al 049 l i .�� :fv 0(,-7 IN •� It ' . b �r� •i/!,v 1'}.1 �., rb'j t). � tin. r F?,v •►c. � f h-k .Yc.' �.<. r Grl, � 61, 1:.. 4' / / S +F i /C I 5 L ' %i >f/, r l f'_.r^T /" !-/., ILf�.•4 . /�.r1 1"i'f%r- t., r�j.�.`%r� y S'ic ',`t141z COk NLL• (5;2 6tPeai) I��i`. t1. ?t:c1/:l'r( /1iccl'i r f i (('r' TttE GG:L.L0 cCA: ci= 734 6• (h%tGL -fJ �rz f5'4i/ -�- K)z4Lr�.v� /�vuLD liAt, z tS f't`''P=, L(l 7 ui«uwiilb'IL'► 7 lip c � *ow*- ,Zr/'r',, 1 4/t. /) iI S I t '!N (S A.CX t4 . (r./I/ i !"_ .^• .A'f �tttL^c Ks 7frt t/l /iie)r �}f 4G/t Lt i�i t e K STF k L +E cat/ 7Rrr L.l 8AJ44 C7r-•1 L 1)l /LCh (l: LLt AIL !•f �Urt.l.) �}i ! /L/�! ��l/iJi /GCy %L ltC 2j r�,VIL'1D fJ(%/�l77CvLr;C S%ru.<lz.6.6j d af fi` 40o!" tiY• �sA,,),ira,i )1//'•�•%(�/1 !N6 �"i9nlr %f.�,,� lrrr, / fJ !�� �i E'i7/ ri jJi%;i'I' 1-�: r.��� �+%�j r oc �ketil,oi 7j�r- I� yDu !'rL✓fc u6 FLC PAAk- r4li�h, :r tc'r�c rlr�i r) •rr. nc�)l�-� P,,nf'(/<"r,c,7 r5�5L,t ti,: 8L I7 nTN PAil . ' � "' t Pc i F �•r !i•c. !11rC}'` ycz-) ` '✓ tQ J f�,a; C� !'ice t ` I�� G^ S Cif,? t., , ".. ` •1 0 Honorable Mayor and Members of the City Commission Jose R. Garcia -Pedrosa City Attorney MA#016, 1983 J-83-208 6ayside Specialty Shopping Center Resolution No. 83-17, 1/13/83 (1) Item #4 on the City Commission Agenda for March 18, 1983 is the subject of an advertised Public Hearing to approve a Request For Proposals in connection with the Bayside Project encompassing 20 acres. Through adoption of this resolution, you will authorize the issuance of a Request For Proposals, select a certified public accounting firm and appoint the members of a review committee which shall evaluate proposals and make recommendations to the City Manager. Originally, the Project's geographical area was defined as 15 acres at the time the Project was declared to be best accomplished using Unified Development Project procedures (Resolution No. 83-17, 1/10/83). For clarity and continuity, we have prepared the attached proposed resolution (J-83-208) amending Resolution No. 83-17 to reflect the increased geographical area; if approved, the amending resolution will be designated by the City Clerk as Resolution No. 83-17A. - The draft of the Request For Proposals which accompanies Item #4 will also be updated to reflect the Public Hearing on March 18, 1983 instead of February 24, 1983; further, statements in the Request For Proposals indicating that responses thereto shall be kept confidential will be deleted due to the Public Records Law. JGP/RFC/rr cc; Howard V. Gary, City Manager Ralph G. Ongie, City Clerk 83 :I :9 q CIL. /* I e - jv VWS At I fit All *Owl At- LV 0 r] Honorable Mayor and Members of the City Commission Jose R. Garcia -Pedrosa City Attorney M&9046, 1983 J-83-208 Bayside Specialty Shopping Center Resolution No. 83-17, 1/13/83 (1) Item #4 on the City Commission Agenda for March 18, 1983 is the subject of an advertised Public Hearing to approve a Request For Proposals in connection with the Baysid e Project encompassing 20 acres. Through adoption of this resolution, you will authorize the issuance of a Request For Proposals, select a certified public accounting firm and appoint the members of a review committee which shall evaluate proposals and make recommendations to the City Manager. Originally, the Project's geographical area was defined as 15 acres at the time the Project was declared to be best accomplished using Unified Development Project procedures (Resolution No. 83-17, 1/10/83). For clarity and continuity, we have prepared the attached proposed resolution (J-83-208) amending Resolution No. 83-17 to reflect the increased geographical area; if approved, the amending resolution will be designated by the City Clerk as Resolution No. 83-17A. The draft of the Request For Proposals which accompanies Item #4 will also be updated to reflect the Public Hearing on March 18, 1983 instead of February 24, 1983; further, statements in the Request For Proposals indicating that responses thereto shall be kept confidential will be deleted due to the Public Records Law. JGP/RFC/rr cc: Howard V. Gary, City Manager Ralph G. Ongie, City Clerk