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Submittal-Presentation- Vol. 2
Volume 2 /v/ NmAp Aff, NiAm000gfrotoo POO ISLAND GARDENS Major Use Special Permit Presentation June 24, 2004 I1111111110111111111 A / / amtlYP4 IM et , II , ,111' City Of Miami ,11,1,1),11,1,1,10to 000 SUBMITTED INTO THE PUBLIC RECORD FOE ITEM P2 2) ON G-019 N. ISLAND GARDENS MAJOR USE SPECIAL PERMIT PRESENTATION Table of Contents VOLUME 2 Request for Proposal from City of Miami for Watson Island Mega Yacht Marina and Mixed Use development, dated February 2001 695240-1 WATSON ISLAND A OW OF MIAMi DEVELOPMENT OPPORTUNITY MEGA YACHT MARINA AND MIXED USE WATERFRONT DEVELOPMENT OPPORTUNITY WATSON ISLAND MIAMI, FLORIDA REQUEST FOR PROPOSALS FEBRUARY 2001 CITY OF MIAMI COMMISSION Joe Carollo, Mayor Wifredo 'Willy' Gort, Vice -Chairman Tombs Regolado, Commissioner Joe Sanchez, Commissioner Arthur E. Teele, Jr., Commissioner Johnny L Winton, Commissioner Carlos A. Gimenez, City Manager City of Miami Department of Real Estate and Economic Development Produced by the City of Miami General Services Administration Graphic Reproduction Division ES t fLe] wig I� f I1i1Y4I FLORIDA Carlos A. Gimenez City Manager CITY OF MIAMI Department of Real Estate & Economic Development February, 2001 Ladies and Gentlemen: Thank you for your interest in the Watson Island Mega Yacht Marina and Mixed Use devel- opment Site. The site is comprised of approximately 10.8 acres of City -owned, waterfront property and approximately 13.4 acres of adjacent bay bottom land located on the Northwest Quadrant of Watson Island, Miami, Florida. The City of Miami, through this offering, is seeking an integrated package of services from the private sector consisting of planning and design, construction, leasing, and management of the proposed marina and mixed -use com- mercial development. The City of Miami's Request for Proposals (RFP) contains detailed information regarding the parcel of land available for development, the uses the City is seeking, development and disposition considerations, submission requirements, and selection procedures pertinent to this project. Please carefully review all of the enclosed documents. Proposals must comply with all sub- mission requirements detailed in the RFP to be eligible for consideration. All information and material submitted will be thoroughly analyzed and independently verified. Proposals must present a definitive development program, completion schedule, financial plan, and management plan responding to all requirements of the RFP to form the basis for selection by the City. The City will conduct a Proposal Pre -Submission Conference at 10:00 a.m. on Tuesday, March 6th, 2001. While attendance at the Pre -Submission Conference is optional, all prospective developers are invited and encouraged to attend. Information on the location of the conference will be provided by mail to registered respondents. Proposals are due no later than June 20th, 2001, by 5:00 p.m. and must be delivered to the City of Miami Clerk's Office. A list of respondents will be made public the following day. The successful proposal will be subject to the requirements of Miami City Charter Section 29-C, which states that any subsequent lease of the subject property shall be approved by a majority of the votes cast by the electorate at a public referendum to be held at the next reg- ularly scheduled general election, anticipated to be November 6th, 2001. The City of Miami welcomes responsive development proposals and looks forward to work- ing with a development team to realize the unparalleled development opportunity offered on Watson Island. Sincerely, Carlos A. Gimenez City Manager 444 S.W. *ND. 4YENUe. M1mM Ft i,11 $O t!l Iie3•113.1#S3 fAX 343.414•2154 WATSON ISLAND, MIAMI FLORIDA EXECUTIVE SUMMARY DEVELOPMENT OPPORTUNITY LOCATION REQUIRED USE ACCEPTABLE ADDITIONAL USES DENSITY CITY'S FINANCIAL REQUIREMENTS MAXIMUM LEASE TERM DEVELOPER SELECTION PROCESS HOW TO OBTAIN RFP & REGISTER INITIAL DEPOSIT REQUIRED OPTIONAL PRE -SUBMITTAL CONFERENCE & SITE VISIT PROPOSALS DUE ADDITIONAL DEPOSIT REQUIRED CONTACT FOR FURTHER INFORMATION Watson Island Request for Proposals Propose, plan, design, develop, construd, lease and manage a state of the art mega yacht marina and mixed -use projed on the Biscayne Bay waterfront. Approximately 10.8 acres of upland and 13.4 aces of adjacent submerged land offered as is on the Northwest Quadrant of Watson Island, an 86 ace manmade island Tying mid -way between the cities of Miami and Miami Beadi, Fkxida. Mega yacht marina and marine related fodlities. Entertainment Destinations, Educational and/or Cultural, Hotel, Convention and/or Conference, Retail, Restaurants, Theaters, Recreation, Ancillary and Support Facilities. 70% of land zoned C-1 with FAR of 1.72; remainder zoned PR with no density restriction. Proposals shall include annul lease payments in the form of minimum annual guaranteed rent plus a percentage of gross revenues. 45-year initial Term and two 15-year renewal terms, with developer responsible for all leasing, maintenance and management of the project. One developer shall be sdeded for exdusive lease negotiations following a review process as set forth in section 18-87(j) of the Miami City Code. For registration as on official respondent and to receive a complete RFP package submit a non- refundable fee of $300 in the form of a cashier's check, money order, or official bank check plus contact information by mail b the address listed below. Only those who register can participate. An earnest money deposit of $ 100,000, in the form of a cashier's check, money order, later of credit, or official bank check, is required b acaomponythe submittal of proposals and is fully refundable to developers not sdecbd. Mardi 6t, 2001 10:00 AM (ESTI Location b be provided by mail to registered respondents. June 201h, 2001, 5:00 PM (EST) Miami City HdI, Gty Clerk's Office First Floor Counter 3500 Pan American Drive Miami, FL 33133 Additional $50,000 eon -refundable deposit required from developer sdeded for exdu live negotiations. Meredith J. Nation Department of Real Estate & Economic Development Gty of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, R 33130 UNIFIED DEVELOPMENT PROJECT PROCESS The Unified Development Project ("UDP") process is — a procedure by which the City of Miami may con- vey an interest in real property to the private sector for the development of improvements, which requires the private sector entity to provide a combi- nation of these services: planning and design, con- struction, leasing and management. Such projects are determined, by action of the Miami City Commission, to be Unified Development Projects. Section 29-A16 of the City Charter and Section 18- 87 of the City Code provide legal guidelines for the UDP process. The UDP process and all other business conducted with the City of Miami is subject to the Miami -Dade County Cone of Silence ordinances 98-106 and 99-1. The Cone of Silence ordinance mandates that except for at public hearings and scheduled presen- tations, contact with the City regarding this RFP or any aspect of a proposal by a respondent or any representative of a respondent shall be limited to written communications until such time that a devel- oper is recommended by the City Manager to the City Commission. All questions or requests for additional information must be asked and answered in writing via certified mail. These answers will be provided in the form of addenda to this RFP. Any responses to such ques- tions or requests shall be furnished via certified mail to all registered RFP recipients within 10 days fol- lowing receipt of letter and will also be kept on file at the office of the City Clerk. Respondents who pur- - chase an official copy of the RFP and submit the $300 fee will be considered "registered" to partici- pate in the UDP process. All business conducted with government agencies within the state of Florida, including the City of Miami, is subject to the Government in the Sunshine Law, Chapter 286 of the Florida Statutes, commonly referred to as the "Sunshine Law". Watson Island Request for Proposals TABLE OF CONTENTS THE OPPORTUNITY 1 THE SETTING 2 South Florida Map 3 Neighboring Destinations 4 Miami Area Map 5 Watson Island 6 Existing Uses Site Plan 7 Public -Private Projects in Development 8 Master Plan 9 THE SITE 10 Property Specifications 10 Existing Conditions 10 Transportation and Accessibility 11 Zoning 12 Watson Island Zoning Map 13 WATSON ISLAND'S PUBUC PURPOSE 14 EMPOWERMENT AND ENTERPRISE ZONES 15 PROJECT GOALS AND OBJECTIVES 16 Required Uses 16 Acceptable Uses 16 Unacceptable Uses 16 Planning and Land Use Objectives 16 Urban Design Principles and Guidelines 17 Required Project Components 18 TERMS AND CONDITIONS OF OFFERING 20 City's Commitment of Funds, Services 20 City's Commitment of Property 20 Watson Island Request for Proposals Substantial Increase 20 Fair Market Value 20 Form of Lease Payments 21 Lease Agreement 21 REGULATORY PROCESS 24 Public Referendum Approval 24 State of Florida Internal Improvement Trust Fund Deed 24 Development of Regional Impact 24 Design Review 24 Special Permits) 25 Building and Environmental Permits 25 REVIEW AND SELECTION PROCESS 26 Administrative Review 26 Certified Public Accountant Review 26 Minority/Women Business Affairs Review . . 27 Review Committee 27 Evaluation Criterio 27 City Manager 29 City Commission 29 Anticipated Selection Schedule 29 SUBMITTAL REQUIREMENTS 30 Required Proposal Format 30 Required Proposal Content 30 Submittal Procedures and Deadline 35 Contact Information 36 DISCLOSURE AND DISCIAIMER 37 APPENDICES LOCATED ON CD-ROM City of Miami Charter and Code Sections • Charter Section 29-A - Unified Development Projects • Charter Section 29-B - Unified Development Projects ▪ Charter Section 29-C - Unified Development Projects • Code Section 18-87 • Code Section 18-136 et. Seq. - Minority and Women Business Affairs • Code Section 2-778 - Minority and Women Business Affairs Miami -Dade County Ordinances • Ordinance 98-106 - Cone of Silence • Ordinance 99-1 - Cone of Silence State of Florida Statutes • Chapter 286 - Sunshine Law • Section 380.06 - Development of Regional Impact Watson Island Capital Improvements Investment Summary Watson Island Policy Plan Public -Private Project Renderings • Parrot Jungle and Gardens of Watson Island, Prepared by Project Architects Koroglu Associates -Architects, PA., December 2000 • Aviation Facilities and Regional Visitors Center, Prepared by Project Architects Spillis Candela and Partners, DMJM, December 2000 • Miami Children's Museum, Prepared by Project Architects Arquitectonica, December 2000 Quarterly Assessment Report, prepared by Alpha Engineers Corp. for the City of Miami, October 24th, 2000 DERM letter to the City of Miami regarding Quarterly Assessment Report, November 17th, 2000 City of Miami Zoning Codes PR - Parks and Recreation • C-1 - Liberal Commercial Miami Harbor Nautical Chart (#11468), U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, Coast Survey, July 24, 1999, provided courtesy of Maptech, Andover, MA Deed No. 19447, Watson Island Watson Island Mega Yacht Marina Study, prepared by Bermello, Ajamil, & Partners, Inc. For the City of Miami, October 2000 Recent Growth, Current Activity, and Economic Impacts of Mega Yachts in South Florida, prepared by Thomas J. Murray & Associates, Inc. For the Marine Industries Association of South Florida and the Broward Alliance, Inc., October 1998 Urban Development Review Board General Design Criteria City of Miami Required RFP Submission Forms News Articles relating to the Marina Industry Please note exhibits and appendices are included for informational purposes only and shall not be relied upon without further investigation. Watson Island Request for Proposals THE OPPORTUNITY THE OPPORTUNITY This Request for Proposals ("RFP") is an invitation from the Ciy of Miami to qualified private real estate developers to create a world -class waterfront mixed -use commercial project on the Northwest Quadrant of Watson Island along the Biscayne Bay waterfront. The property consists of approximately 10.8 acres of upland and 13.4 acres of adjacent submerged land, with 1,100 feet of bay frontage including dramatic views of downtown Miami, the Port of Miami cruise ship terminals, and the American Airlines Arena. The City intends to lease the property For develop- ment and operation under a long-term lease of fory-five years with the option of two, fifteen -year renewal terms. To accomplish the development of perhaps the most dramatic segment of waterfront land in South Florida, an integrated package of services From the private sector is sought including: planning and design, construction, leasing, and management. The approved uses For the property, in any combi- nation, include entertainment destinations, educa- tional and/or cultural facilities, marina and marine Facilities, convention and/or conference facilities, hotel, retail, restaurants, theaters, recreation, and ancillary office, parking and other support facilities. Marina and marine facilities are required uses and must include accommodations for vessels larger than 80 feet, commonly known as "Mega Yachts". At a minimum, the majority of the marina must include accommodations and amenities for such mega yachts. The City encourages a portion of the upland to be utilized to service and support the marina development. A well-defined program for the subject properly must compliment the island's adjacent projects and form a compatible and synergistic link to the excite- ment of Downtown, South Beach, the Port of Miami, and the rest of South Florida. Given the island's proximity to urban settings and access to deep water, optimal utilization of the waterfront is essen- tial to the success of the development. Of key importance to the project will be its ability to achieve a balance between the various potential commercial uses and activities and the island's pub- lic purpose. The City of Miami envisions the completed island as a waterfront development with outstanding charac- teristics that emphasize human scale, public open spaces, and the pedestrian realm through the cre- ation of generous waterfront promenades, diverse open spaces and wide tree -lined pathways that will enhance the commercial, recreational, cultural and, maritime facilities developed to serve greater Miami's residents and visitors. Much of the foundation for attaining an exceptional waterfront destination on Watson Island hos already been laid. The City's $60 million capital improve- ments program, which will blend complimentary public -private components, is well underway on Watson Island. New roadway and infrastructure improvements are nearly complete and a large, botanical gardens attraction project is underway that will play a vital role in anchoring the island as an entertainment destination. Wasson Island Request for Proposals THE SETTING One of the world's favorite playgrounds and at the forefront of pop culture, global commerce, fashion and entertainment, greater Miami offers visitors the cutting edge of urban chic combined with the beauty of a tropical paradise. For decades, visitors have been drawn to the area. But in recent years, the tourism sector of the South Florida economy has increased attracting throngs of international visitors who are quickly beguiled by the area's colorful character and charms. Greater Miami has become a superstar among the world's great travel destinations. In addition to being a world-renowned tourism des- tination, the region is a powerhouse in international trade and Financial services. Miami -Dade County is home to the largest concentration of domestic and international banks on the East Coast south of New York City. Approximately 100 commercial banks, thrift institutions, foreign bank agencies and Edge Act banks have facilities here. In the international banking sector, U.S., Canadian, British, German, Swiss, French, Spanish, Japanese, Israeli, Brazilian and Venezuelan banks have offices in Miami -Dade County to serve offshore customers with personal or business ties to the region. In addition to banking, Miami -Dade County, thanks in part to its reputation as the Gateway to the Southern Hemisphere, is home to nearly 500 multi- national corporations that are largely responsible for producing a total merchandise trade of about $52 billion a year. Another gateway, the "Gateway for Connectivity", is quickly growing in South Florida with the recent arrival of the Miami Network Access Point ("NAP"). The downtown Miami NAP, the fifth and final access point in the network of access points to be developed in the United States, will provide telecommunications interconnectivity through Miami to regions of the world. The down- town Miami NAP is scheduled to be completed in June 2001. Watson Island Request for Proposals 2 Miami -Dade County hosts a unique mix of cultural institutions, from museums and arts organizations to neighborhood theater groups and dance compa- nies. Leading musical organizations include the Florida Philharmonic, New World Symphony, Florida Grand Opera, Concert Association of Florida, Miami Symphony Orchestra and Miami City Ballet. The Actors Playhouse, Area Stage, Coconut Grove Playhouse, Florida Shakespeare Theater, Teattro Avante and other theater groups present comedies, dramas and musicals. Additionally, the Jackie Gleason Theater on Miami Beach annually hosts a full season of Broadway shows, concerts, and dance performances. Miami -Dade County has a comprehensive trans- portation network, designed to meet the needs of residents, travelers and area businesses. The coun- ty's internal transportation system includes Metrorail, a 21.1 mile aboveground transit system linking South Miami, Coral Gables, Brickell Avenue, Downtown Miami, the Medical Center, Northwest Dade and Hialeah. Metromover, a 4.4 mile auto- mated loop, carries passengers around downtown Miami, Brickell Avenue and the Omni areas. More than 500 square miles of Miami -Dade County are covered by Metrobus, which carries about 200,000 passengers daily. Tri-Rail is South Florida's com- muter railroad, operating seven days a week from 18 train stations abng a 71 mile roil corridor. As the north -south spine of South Florida's transporta- tion network, trains run parallel to Interstate 95 (9- 95") linking Miami -Dade, Broward and Palm Beach counties. Miami International Airport is one of the busiest air- ports in the world for both passengers and cargo traffic. Total passenger traffic reached 33.9 million in 1999, including 15.8 million international pas- sengers. More than 120 airlines serve Miami International Airport, flying passengers to more than 200 destinations on five continents. SOUTH FLORIDA MAP wwnlande County SLINSEI OIL N. ahem of `flit _ 3 Watson Island Request For Proposals THE SETTING Neighboring Destinations BRICKELL Located south of the Miami River, Brickell is a high den- sity, mixed -use urban village with modem office build- ings, prestigious residential towers, entertainment cen- - ters and some of the best restaurants Miami has to offer. In the 1970's and 1980's zoning changed b permit large-scale commercial development and the Edge Act bank Taws transformed this prestigious neighborhood into the second largest international financial district in the United States with dose to 5 million square feet of — office space. Over 10,000 people live in Brickell's luxury high-rise -' condominiums and 1,000 new apartments and condo- miniums are currently under oonstruclion with more on the way. Towering office buildings and condominiums rising above a majestic boulevard mix with quiet, tree - lined streets to create a vibrant commercial energy while offering charm and relaxation. DOWNTOWN Miami's downtown is the largest commercial and retail dishict in South Florida. It is estimated that a daily populotion of 240,000 persons work, visit, attend school, or shop in downtown Miami. Bayside Marketplace, a 250,000 sq.ft. retail specially center, anchors the eastern edge of the central business district. This Rouse Company project was developed by a pub- - Iic-private partnership with the City of Miami through a UDP selection process. Immediately to the north of Bayside lies the American Airlines Arena, home to the — Miami Heat professional basketball franchise. The arena opened on New Year's Eve, 1999 and serves as a venue for sports, concerts, ice shows, and other enter tainment events. A pedestrian bridge is planned to con- nect Bayside and the arena. Plans are also in progress for the redevelopment of the thirty plus acre Bicentennial Park, directly north of the arena. Watson Island Request for Proposals 4 In the early 1970's, the completion of the Interstate-395 ("1-395") Expressway provided the northern portion of downtown Miami with direct access to and from 1-95, Miami International Airport and Miami Beach. This sup- ported new large-scale development in the area. In the 1980's, Venetia, a high -density complex mixing residen- tial, hotel and retail uses was developed along Biscayne Bay. In the 1990's, access to the area was further improved with the completion of the Metomover, which provides direct transit connections with downtown and the regional Metrorail system. Today these projects ore joined by additional residential, hotel, and office uses. MEDIA ARTS DISTRICT This decade, plans are underway for the development of a new Performing Arts Center ("PAC') in the district. Media, arts, and entertainment related facilities are expected with increasing demand as a spin-off from the existing local community college, the Miami -Dade County Public Schools facilities, and the new PAC. The City of Miami, public agencies, and entertainment pro- duction entrepreneurs are working to transform the underdeveloped area within the district west of Biscayne Boulevard into a Media and Entertainment district. Roadway improvements, additional parking, new parks and schools will support these new developments. PORT OF MIAMI The Port of Miami is the largest cruise passenger port in the world and fourth largest container cargo port in North America. Over three million cruise ship passen- gers per year see Watson Island as they depart for trop- ical ports of call. MIAMI BEACH Along MacArthur Causeway to the east is Miami Beach, an area internationally known for its famous South Beach and historic "Art Deco Distract" featuring renovat- ed historic hotels, outdoor cafe dining, shopping, and some of the world's most prominent night spots. MIAMI AREA MAP 'Kiln gblgto, 111.11-gi Eiii Him 1 7 :1.1paaxilm 11 Hail Balaw. WIN aiNtlififillilill4.1,,I, it) III Iii. II) gkii : ' q t! !tfl 11.111la I I Lull b i till lif: ,,, .... . . , . '-.1101 )-07-Z. MI kill ii_11111 Ill IIII r.r. ..-an :tilt on kiii. Ai CP1111-1-1,1 Pggig ma . am 11111111_ 1.111, INIIM -I a mem Nis OCD01==11—.LJC3 erinr1 rilti.4 Itia: RIK all PP 41 1111.._ lis ,,. pile a No a 5 ir Watson Island Request for Proposals WATSON ISLAND Midway between Miami and Miami Beach, this 86 _ acre island is located at the heart of Miami's desti- nations. In addition to the extraordinary view of all of its neighboring destinations, 80,000 cars per day traverse the island via the MacArthur Causeway, the major east -west roadway connecting the two cities. Deeded to the Gy of Miami by the State of Florida in 1949, the island has remained largely undevel- oped for fifty years, serving primarily as open recre- ational space and a transportation terminal. These uses continue on the island and plans and construc- tion are underway to add new investments and pub- lic uses. WATSON ISLAND MARINA A marina with 45 wet slips, mooring piles and a ip-rap style concrete seawall is located in the north- west quadrant of the island. The marina currently houses a small commercial fishing fleet that will be relocated by the City. This marina is located within the lands being offered in this RFP for redevelop- ment as a mega yacht marina. • `- BOAT CLUBS The Miami Yacht Club and the Miami Outboard Club have existed on Watson Island since the 1940's. Located on the northeast and the southeast comer of the island, respectively, these non-profit operated boating facilities provide recreational activities and access to Biscayne Bay. CHALK'S OCEAN AIRWAYS Watson Island is licensed by the Florida Department of Transportation as a municipal airport and oper- - ates as a seaplane base for Chalk's Ocean Airways, the oldest seaplane airline in the world with service to the Florida Keys, the Bahamas and the Caribbean. This historic and picturesque use is an icon of the Miami and South Florida history. This seaplane base is located to the south of the offered property. Watson Island Request for Proposals 6 HELIPORT Watson Island is licensed by the Florida Department of Transportation as a municipal heliport and pro- vides a convenient landing zone for multiple heli- copter operators. PUBLIC BOAT RAMP A public boat launching facility is located on the east side of the island, midway between the two oat clubs. The ramp, clocks and piers have been replaced at this heavily used facility as part of a $400,000 restoration. Further improvements are underway to the parking area including installation of lighting and landscaping. PARROT JUNGLE AND GARDENS OF WATSON ISLAND The newest addition to the island, Parrot Jungle and Gardens, is relocating to Watson Island from its present location in Miami -Dade County where it has been in business for over sixty years. The botanical garden attraction will offer more than 16 acres of lush tropical landscaping, animal and horticultural exhibits and demonstrations, dining, educational, conferencing, and banquet facilities. It is anticipat- ed that nearly a half million people will visit the popular attraction in the first year after its opening on Watson Island, growing every year by an addi- tional 50,000 visitors per year. The attraction is scheduled to open in the summer of 2002. ICHIMURA MIAMI-JAPAN GARDEN This unique one -acre, public garden and contempla- tive setting was constructed in the 1960's as a gift to the residents of Miami from a well-known Japanese businessman, the founder of what is now the Ricoh Corporation. The Japanese Garden is being relo- cated to a site south of its existing location as part of the commitment made by Parrot Jungle and Gardens to maintain the garden For the City. WATSON ISLAND EXISTING USES SITE PLAN Watson Island Request For Proposals WATSON ISLAND Public -Private Projects In Development Watson Island has been the recipient of a significant amount of development capital, both public and private, details of which are located in the Watson Island Capital Improvements Investment Summary, the Watson Island Policy Plan, and the renderings of the public -private projects in development. AVIATION FACILITIES & REGIONAL VISITORS CENTER _ An Aviation Facilities and Regional Visitors Center project is proposed to be relocated to a 5.6 acre site at the water's edge immediately south of the — property. Watson Island's aviation facilities will be geographically redefined and physically upgraded to provide a state of the art aviation center for visitors and corporate travelers seeking access to downtown Miami, adjacent communities and points beyond. A principal component of the project includes a new terminal building to support aviation activities including ticketing, baggage handling, a passenger waiting area, food and beverage concessions, and offices for U.S. Customs and Immigration Services. The terminal building will also house a regional visitors center, managed and operated by the Greater Miami Convention and Visitors Bureau, whose administrative offices will be located within the building. MIAMI CHILDREN'S MUSEUM The Miami Children's Museum, a 501 (c}3 not -for - profit organization, will be a regional cultural and educational facility For South Florida Families and tourists. The Miami Children's Museum is the next Watson Island Request for Proposals 8 step in the evolution of the Miami Youth Museum, which has been a community educational institution for over fifteen years, providing interactive exhibits and programs, uniquely tailored and accessible to the diverse population of Miami. It is anticipated that the Museum will construct a 55,000 sq. ft., state-of-the-art facility on Watson Island that will showcase interactive and Chemed exhibits based on local and regional Features For residents and tourists. The three themes represented throughout the facility will be community, culture and communication. WATSON ISLAND MASTER PLAN Watson Island Request for Proposals THE SITE The site offered for lease is the largest tract of unde- _ veloped commercially zoned waterfront land in downtown Miami. The property includes 10.8 acres of upland, with 1,100 linear Feet of shoreline, and 13.4 acres of adjacent submerged land with depths ranging from 8 to 15 feet. Property Specifications -' - I0 UPLAND Approximately 10.8 acres located in the northwest quadrant of the island. 434 SUBMERGED LANDS j- Approximately 13.4 acres of bay bottom lands extending directly westward of the upland portion from the existing marina. BOUNDARIES To the north of the property is the MacArthur Causeway Bridge. The bridge connects to the MacArthur Causeway (1-395), which forms the east- ern boundary of the property. The property is bor- dered on the west and south by the Port of Miami turning basin, the Intercoastal Waterway, and the Govemment Cut channel. Together, the upland parcel and the submerged lands described above, and depicted in the survey, enclosed with the complete RFP package, comprise the property being offered to the successful development team for redevelopment under a long term lease and development agreement. Existing Conditions The property and its improvements are offered 'as is, where is" by the City for development and long- term management. Existing improvements and facili- ties located on the property are not required to be retained as part of the proposed redevelopment of Watson Island Request for Proposals 10 the site. Further discussion of the City's commitment of property can be Found in the Terms and Conditions of Offering section of this RFP. UTIUTIES The City of Miami and other agencies have invested significant funds in recent years to improve the infrastructure on Watson Island. In 1998, the City completed a $250,000 water main project that pro- vides new fire safety lines with domestic water capa- bility. This new service connects to Miami -Dade County's 36 inch water main located along the right-of-way of the former roadway, and consists of 12 inch pipe lying generally alongside the new access ramp roadways on the north and south of the island. The service can be converted to domes- tic water upon payment of appropriate fees. Additional water service is Found near the existing marina where 20 inch and 12 inch water mains are located. A second project for new sanitary and storm sewers is nearly complete. This $2.89 million project con- sists of 12 inch and 16 inch force mains running the length of the Venetian Causeway to Biscayne Island, then across the bay via a 12 inch force main to Watson Island. On Watson Island, q 12 inch force main and 8 inch PVC run along the MacArthur Causeway to the mid -point of the island where a new pumping station has been constructed. A 10 inch line connects From the pumping station to the west side of the island where 8 inch and 10 inch lines run to the northwest and southeast along the utilities easements. Capacity is estimated at 395,750 average gallons per day. The new system connects to the 72 inch sewer main interceptor located on the Miami mainland at N. Bayshore Drive and N.E. 15th Street. All work on Watson Island is complete. The force mains crossing the bay are currently under construction. Existing utilities may be relocated at the expense of the successful developer. THE SITE WATER DEPTH The area currently envisioned as the marina is accessed from the Atlantic Ocean by the Miami Harbor main ship channel. The water depths in the submerged lands offered in this RFP range From 8' to 15'. According to boating manuals and depths at area mega yacht facilities, water depths for the largest vessels (150'+4 range From 8' to 14'-4". VEGETATION There are limited mitigation concerns for tree removal as there are no canopied trees or native vegetation on the site. Substantial landscape plant- ings and pedestrian open space shall be required in an effort to enhance the future development. ENVIRONMENTAL CCNJDITICNJS In 1994 a biological survey of the submerged land area of the marina was commissioned by the City of — Miami and conducted by the Miami -Dade County Department of Environmental Resources Management (TERM"). The findings of the survey revealed "no significant epibenthic communities" and concluded with a qualified opinion that a mari- na to accommodate large cruising vessels, common- _ ly referred to as "mega -yachts," could be constructed. In July 1998, the City removed an 8,000-gallon above -ground fuel storage tank that served the heli- port facility. Regular post -removal inspection of soil conditions detected trace levels of petroleum con- taminants that were remediated by the removal of approximately 101 cubic yards of soil. Two moni- _ toring wells were installed due to the groundwater contamination experienced at the site evidenced by the sheen present in the groundwater in the pit. DERM requires an assessment on a quarterly basis 11 to continue monitoring the ground water. An envi- ronmental consultant hired by the City is doing the monitoring. The City is leasing the property "as is, where is" without any representation regarding the environmental condition of the site. Transportation and Accessibility The property is highly accessible by land, sea and air. The island is positioned within Biscayne Bay along the Intercoostal Waterway and Government Cut, the seaward section of the Miami Harbor, with a direct 40' deep access channel to the Atlantic Ocean used by the Port of Miami. Vehicular access is via the MacArthur Causeway, connected to the mainland by a recently reconstruct- ed high-level, fixed -span bridge. The Causeway provides direct access to Downtown Miami via Biscayne Boulevard and 1-95. The Miami International Airport is a quick drive along express- way I-95 and State Rood 836. Eastward, the Causeway connects to Miami Beach. The Florida Department of Transportation has com- pleted construction of new access roads that have created a system of on and off -ramps to the MacArthur Causeway with landscaping and light- ing. This $2.06 million project was completed in July 1999. With the completion of the $37.7 million new causeway bridge in 1997, the island's main interior roadway now crosses under the bridge to link the north and south sides of the island. Additional island roadway improvements to improve ciLulation a east side will be mode with $432,000 in federaF grant funds. Watson Island has a long history of aviation uses. Air access to Watson Island is available both through seaplane and helicopter service. The island is licensed by the Florida Department of Transportation as an international airport and as Watson Island Request for Proposals THE SITE such, the Federal Aviation Administration regulates air traffic to and From the island. Chalk's Ocean Airways seaplane base lies to the south of the prop- erty. This service and the existing small heliport located within the property will be combined and reconfigured into a new, full -service Aviation Facility and Visitors Center to be located to the south of the property. A new circulation road, described later in this RFP as the "Proposed Boulevard" is proposed to connect the Aviation Facility and upcoming adjacent projects to the causeway access road system and to provide access to the northwest quadrant parcel offered in this RFP. Zoning Pursuant to the City of Miami Zoning Ordinance 11000 as amended, the property has two zoning designations. Approximately 70% of the upland is zoned C-1. Restricted Commercial, while the remainder is zoned PR. Parks and Recreation. A Major Use Special Permit (MUSP) will be required for the project. A more detailed description of the MUSP can be Found in the Regulatory Process sec- tion of this RFP. There are no height or density limitations in land zoned PR. Land zoned C-1 allows the following: • FAR — 1.72. • Density — Maximum of 300 hotel units per acre. • Height — None. Proposals must ensure that the development com- plies with all applicable zoning laws and conforms to the more restrictive uses of the RFP described later in this RFP as the Acceptable Uses within the Project Goals and Objectives section. Watson Island Request for Proposals 12 FLOOD ZONE A preliminary review of the upland shows most of the land Flood Zoned "AE-9" with the exception of the southeast part of the northwest quadrant, which is Flood Zoned "AE-11 ". All structures constructed at the site must conform to the "AE" Flood Zone requirements set forth by the City of Miami Code and the Federal Emergency Management Administration. The exact locations of the Flood Zones are depicted on the survey, enclosed with the complete RFP package. WATSON ISLAND ZONING MAP 13 Watson Island Request for Proposals WATSON ISLAND'S PUBLIC PURPOSE A critical development objective For all of Watson Island is to balance publicly oriented uses with com- mercial development. The public purpose compo- nents may include: open space, public space, public use, recreation, educational, cultural, environmental, maritime, tourism, transportation, and government uses. Proposals are encouraged to incorporate a brood range of public and commercial uses that will attract many and varied users, and add a distinctive devel- opment to the destination appeal of Miami. STATE OF FLORIDA INTERNAL IMPROVEMENT TRUST FUND DEED RESTRICTION A constraint governing the future use and develop- ment of Watson Island is the 1949 deed of con - veyance from the State of Florida to the City of Miami. The deed expresses certain limitations on the use of the island. The language of the deed restriction is as follows: "...this deed is given and granted upon the express condition subsequent that the Grantee herein or its ccessors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation For any private use or purpose, it being the intention of this restriction that the said lands shall be used sol for public purposes, including municipa purposes and not otherwise." Following execution of a lease agreement with the successful development team, a finding of public purpose or a waiver of the deed restriction must be obtained from the State of Florida Internal Improvement Trust Fund Board of Trustees. The City shall, with the support of the successful development Watson Island Request for Proposals 14 team and on behalf of the project, petition the Board of Trustees for such a finding or a waiver of the deed restriction. In 1997 the City sought a waiver of these provisions from the Board of Trustees to permit the leasing of portions of the island to Parrot Jungle and Gardens of Watson Island, Inc. The waiver was granted on the basis that the proposed leasehold uses were in substantial conformance with the public interest and purpose of the island and in furtherance of munici- pal purposes. In 1998 and 2000, the City received a finding of compliance with the deed provisions for the proposed Aviation Facilities and Regional Visitors Center project and the Miami Children's Museum, respectively. Projects with a more commer- cial orientation located in other areas of the City have been granted waivers. Two such examples are Bayside Marketplace developed by the Rouse Company and Grove Harbour currently being devel- oped, both are waterfront properties. Th h If the In event o su a termination, the development team has no vested rights, nor title or interest in the property or to the development proposed thereon, nor a claim upon the City for any expenses incurred in the proposal process. Developers may choose to partner with local cultural or educational institutions to propose mutually bene- ficial opportunities to further create public purpose uses on the island. EMPOWERMENT AND ENTERPRISE ZONES In 1999, the United States Department of Housing and Urban _ the Miami - Dade Cou Empowerment Zoned one of only thirty-one •- - - - e country. The purpose of the federal initiative is to create jobs and business opportunities by offering various tax credit and cash incentives. Nearly 75% of the Miami -Dade County Empowerment Zone lies in the City of Miami, includ- ing the downtown central business district and Watson Island. The Empowerment Zone Trust, a non-profit organization, is responsible for maximiz- ing the use of the federal dollars recei Watson Island is also located in a designation created by the Flori Legislature to provide financial incentives in targeted areas by offering property owners and/or tenants corporate and sales tax refunds and/or credits. There are over twenty-five Enterprise Zone counties or cities in Florida. Empowerment and Enterprise Zone incentives may be applied for and received concurrently. The City of Miami shall not accept pro- posals that are contingent on receiving any of the Zone benefits. Below is an overview of the specific incentives that may be available: Empowerment Zone Incentives TAX EXEMPT BOND FINANCING A special tax-exempt bond, outside of the state vol- ume cap, that may provide lower than market inter- est rates for large-scale business expansion and job creation projects. INCREASED SECTION 179 EXPENSING An increase in Section 179 expensing that may pro- vide up to $37,000 for investments in capitol and equipment. WORK OPPORTUNITY TAX CREDIT A tax credit that may provide businesses with incen- tives of up to $2,400 for each eligible employee. WELFARE -TO -WORK CREDIT A credit that may provide businesses with an incen- tive to hire Tong -term family assistance recipients. Considerable regulations and restrictions apply to these incentives. For additional information on these incentives, review IRS publication 954, which explains how to determine if a particular business qualifies for specific zone incentives. The Empowerment Zone Trust can be contacted directly to discuss Empowerment Zone related ques- tions: Miami -Dade County Empowerment Zone Trust 140 W. Flagler Street, Suite 1107 Miami, FL 33130 305/372-7620 Enterprise Zone Incentives STATE PROPERTY TAX CREDIT A 96% credit against corporate income tax up to $50,000 on any ad valorem property taxes not abated by local govemment may be available For up to five years. BUSINESS EQUIPMENT SALES TAX REFUND A sales tax refund that may provide up to $10,000 per piece of equipment. FLORIDA JOB CREATION TAX CREDIT A 15% credit against corporate income tax or sales and use tax on wages paid to each new employee who is a resident of the zone. BUILDING MATERIALS SALES TAX REFUND A sales tax refund that may provide up to $10,000 per business owner or tenant. Considerable regulations and restrictions apply to these incentives. For additional information on these incentives, review IRS publication 954, which explains how to determine if a particular business qualifies for specific zone incentives. 15 Watson Island Request for Proposals PROJECT GOALS AND OBJECTIVES PROJECT GOALS AND OBJECTIVES The City's development goals and objectives for the site are to achieve a unique mix of uses, a signifi- cant and sustainable financial return to the City, and a landmark design. Further, it is the City's expecta- tion to completely reshape and redefine Watson Island as an active people -gathering, public water- front destination. The City has carefully formulated the following objectives for this public -private partnership: Required Uses Given the property's invaluable waterfront position on Biscayne Bay along the Intercoastal Waterway and the Government Cut section of the Miami Harbor channel, marina (wet slips) and marine facilities ore specifically required as port of an develo • ' i • s•.• t• lI V , u.= • • • _ and commonly known as mega yachts. One or all additional acceptable uses listed below may be accommodated within a respondents proposed development program, so long as the vision is achieved in a well-balanced plan. Acceptable uses for the development are listed below: Unacceptable Uses Planning and Land Use Objectives To develop a world -class marina capable of accom- modating vessels 80 feet and larger. To design a waterfront mixed use development that is worthy of its waterfront setting with emphasis on human scale and public open space. To form a compatible Zink to the neighboring Downtown, Miami Beach, the Port of Miami, and the rest of South Florida. To enhance the overall public benefit derived from the property in terms of use, visibility, access, and financial return. To develop an array of uses that will attract increas- ing and varied segments of the local, regional and visitor population and further develop the interna- tional destination appeal of Miami. ACCEPTABLE USES ZONING aspr PARKS & RECREATION •C_I- COMMERCIAL Entertainment/Entertainment Destinations X X Educational and/or Cultural Facilities X X Retail (including_sale of equipment and accessories For boats) X X Restaurants X X Privately owned and/or operated Recreation Buildings and Facilities X X Playgrounds, Playfields, Parks, Beaches X X Neighborhood Centers, Auditoriums, libraries X X Art Galleries, Museums X X Ancillary and Support Facilities such as Offices and Parking X X Hotel (including Convention and/or Conference Facilities) X Theaters X 16 Watson Island Request for Proposals PROJECT GOALS AND OBJECTIVES Urban Design Principles and Guidelines GENERAL • Public access to the water's edge shall be paramount. • Continuous greenway/open space shall run the entire length of the waterfront. • Scenic vistas of the bay area shall be respected and enhanced. • Frequent and safe pedestrian connections to the waterfront must be assured. • The architecture and landscape architecture shall acknowledge the tropical climate of the region and contribute to the pedestrian, civic life of the project. USAGE • The marina must provide accommodations For vessels of 80 feet and la er. • a rant u n open spaces shall provide opportunities for passive recreation. VIEWS • Preserve exceptional views of the Port, bay and Miami skyline. • Provide optimum waterfront views From open spaces, plazas and parks. ACCESS • Provide continuous pedestrian access along the waterfront. ,L • ' Provide the maximum public access to the waterfront. • Minimize pedestrian/vehicular conflict points. • Interior and perimeter walkways shall be a mini- mum of 10 Feet in width. • Uninterrupted paths and walkways along the waterfront shall be a minimum of 15 feet in width. Watson Island Request for Proposals (• ,Provide waterfront overlooks. Waterfront promenade shall include seating areas adjacent to the water's edge. • Creative use of street lighting and distinctive exterior building lighting is encouraged. • Pedestrian scale decorative lighting, low level path and landscape accent li kiting shall be incorporated into the development including along the waterfront, public open spaces and marina. 17 within chases below grade. _ • Increase access to the waterside environment and provide uninterrupted connection to adjacent land uses and the MacArthur bridge underpass that includes a pedestrian pathway leading to the north side of the island. OPEN SPACES • Provide a continuous variety of public open spaces along the waterfront including: Parks Plazas Walkways Edge Treatments • Open spaces shall acknowledge the tropical climate of the region by providing significant shade through the use of substantial shade trees and specimen palm varieties. ARCHITECTURE • The setback from the • t of all structures shall be a minimum of • Buildings shall acknowl sub tropical climate of the region. • Building's orientation shall address the specificity of the site along the waterfront with focus on ele- ments such as: Terraces Roof Gardens Entries Porches/Verandas PROJECT GOALS AND OBJECTIVES Balconies Wide Roof Overhangs • Building intensity, massing and articulation shall respond to human scale and the pedestrian realm. • Building facades shall be varied and articulated to provide visual interest to pedestrians. In no case shall the waterfront facade of a building consist of an inarticulated blank wall. • Primary ground floor commercial building entrances are strongly encouraged to Face the waterfront, parks, plazas, open spaces, and pedestrian walkways, not parking Tots. • Secondary entries from interior walkways are also encouraged. PARKING • Parking shall not be allowed along the waterfront. • Parking structures shall be articulated in such a way as to conceal the program. • It is suggested that parking structures shall face the island access road system immediately adja- cent to the Mac Arthur Causeway. • Parking Structures shall allow for retail/commer- cial or other active uses on the ground floor fac- ing the pedestrian plazas and open spaces. LANDSCAPE • Streets and walkways shall be planted with a continuous canopy of shade trees, flowering trees, or closely spaced specimen palms. • Landscape shall be designed to compliment the architecture, to emphasize elements such as entrances, plazas, and open spaces, to frame views, and to visually screen service and utility areas. • Identify a varied palette of tropical and Florida native plant materials that reflect the landscape of the region. SIGNAGE • Provide artistically designed educational and interpretive signage along the waterfront and prominent urban open spaces to create aware- ness of the environment and bay ecosystems. • Signage shall be designed to meet compatibility, uniformity and size standards that do not com- pete with the architecture of the development or with the island wide signage system. Required Project Components The City has established a number of program requirements that must be included in any proposed development project. All requirements are to be con- structed at the developer's sole expense; however, the MARINA A boat basin that has docks, moorings, supplies, and other Facilities for boats is required and must be designed with specifications consistent with industry standards fora world -class marina. Recognizing marine manufacturing industry trends towards the expanding production of mega yacht vessels and the increased sizes of such vessels, the City is requiring that the marina shall accommodate vessels eighty (80) Feet and larger. Water -related uses associated with the island such as commercial fishing and charter services may be included in the marina design. Fresh fish mar- kets may also be included in the overall project design. The mix of marine -related uses shall be designed to provide the greatest possible economic impact in the community. Specific marina related objectives include: • To develop the highest quality marina facilities, following the highest industry standards for 18 Watson Island Request for Proposals PROJECT GOALS AND OBJECTIVES berthing large vessels, that shall attract interna- tional and regional marine industry interests and optimize the use of the waterfront. • Utilize the available submerged property to maximize the economic potential of the site. • To develop upland Facilities and activities that shall compliment those of the proposed marina, as well as adjacent parcels within the island, and that serve to connect the various projects and experiences. • To optimize the use of submerged lands to create the maximum number of wet slips to accommo- dote mega yacht vessels. A preliminary study of a potential mega yacht marina design for the site and a mega yacht economic impact study are included for informational purposes only and shall not be relied upon without further investiga- tion. ART IN PUBLIC PLACES Respondents are required to incorporate public art projects within the development that shall create enjoy- able and compelling public spaces for people visiting and living in the Greater Miami area. 111111111111111dwork shall be uni professional artist Examples of art projects to consider include tangible creations by artists exhibiting the highest quality of skill and aes- thetic principles, including but not limited to paintings, Watson Island Request for Proposals 19 sculptures, glass works, statues, bus reliefs, engrav- ings, carvings, Frescoes, mobiles, murals, mosaics, fiber works, photographs, and drawings. Building features and enhancements such as gates, benches and monuments, as well as landscape art enhancements such as fountains and walkways, shall be considered toward this requirement so bng as the elements are designed by professional artists and are not mass-produced. WATER TAXI LANDING A designated water taxi landing shall be provided by the selected developer as an amenity to enhance pub- lic access to the island and as a Zink to other area waterfront dining, entertainment and lodging destina- tions via watercraft. llie water taxi landing shall be a minimum of forty (40) feet in length. PROPOSED BOULEVARD A boulevard with a typical 70' cross-section, which includes a center median, adjacent to the southern boundary of the property offered in this RFP is pro- posed. The proposed boulevard will provide access to the western side of Watson Island and will create a substantially landscaped, grand entryway linking the destinations on this side of the island. The successrul respondent may be required to fund a proportionate share afihe tosmiceseksidion. The successful respon- dent shall be required to provide substantial landscape treatments to the leased area adjacent to the boulevard. ISLAND SIGNAGE SYSTEM An island -wide pathfinder signage system is proposed to provide uniform and efficient directions that will lead visitors to all destinations on Watson Island. The successful respcndsnt shill be responsible to fund a proportionattshan of Ihis system. , TERMS AND CONDITIONS OF OFFERING City's Commitment of Funds, Services The City's participation in the proposed development is limited to a Tong -term lease of the property. It is — anticipated that the City shall riot provide any funds or financing for the development contemplated by this RFP except as otherwise stated herein. The selected developer shall be required to provide all financing for the constriction of and operating expenses, to ma City's Commitment of Property nd its improvements are offered, the City for development and long term management. No representations or warranties whatsoever are made as to its condition, state or characteristics. Expressed warranties and implied warranties of fitness for a particular purpose or use and habitability are hereby disclaimed. Existing improvements and facilities located on the property are not required to be retained as a part of the pro- posed redevelopment of the site. Testing, audits, appraisals, inspections, or other non- invasive testing that is necessary or desired to sub- mit a proposal, shall be at the sole expense of the prospective respondent. Reports regarding the property that the City may have in its possession are available as public records without representation or warranty. City -owned property is held in public trust and can- not be mortgaged, pledged, limed or subordinated in any • as a part of the lease agreement; how- ever, the Substantial Increase In addition to a other ri • ht of termination avail - able, Prior to such public hearing, the Commission shall seek and obtain a report from the Gty Manager and from the Review Committee that evaluated the proposals for said project, concerning the advisability of the Gty exer- cising its right. The City shall have no liability with regard to its exercise of said right and the selected respondent shall bear all of its own costs with respect thereto. 20 Fair Market Value In accordance with Miami City Charter Section 29- f3 the lease must provide the City with at least fair market value. Proposals shall include sufficient analyses of revenues, operating expenses and development costs to justify the proposed lease payments which must provide the City with at least "Fair Market Value" based u • • the project. Watson Island Request for Proposals TERMS AND CONDITIONS OF OFFERING Fair market value and the sufficiency of proposed lease payments shall be determined by an appraisal of the proposed project as performed by two Slate certified general appraisers hired by the City. The nature of such rent shall, however, be an important consideration in the competitive evaluation of alter- native financial proposals. Any rent negotiated between the City and the successful developer must be confirmed as meeting the fair market value requirement of the City Charter as determined by a State certified appraiser. 'rent percentages of gross revenues may be offered for the different operations included in the proposal. Percentages may be increased over time. Additional rents such as participation in net proceeds on sales or refinancing are encouraged. The successful development team the City with the I owing rents: ` A t to be paid for the appro- priate period prior to project completion; Watson Island Request For Proposals 21 isaas* Airwave* I Upon the selection of a development proposal by the Miami City Commission, the City shall negotiate a lease and development agreement with the desig- nated respondent for the use and development of the property according to the parameters of its pro- posal and this RFP. The City shall not consider a sale of the property. The actual terms of the lease shall be negotiated with City staff and are subject to final approval by the City of Miami Commission and the State of Florido Emergency Financial • ersi9ht Boardif applicable. The have no vested ri . hts, on in = manner stipulated therein. - In order to provide some background information for prospective developers, the following section briefly describes some key lease terms. maim* 1 The term of the lease shall be appropriate to the types of uses approved by the City and to the level and form of investment, not to Conditions that must be met prior L delivery of pos- session of the property to the IesseeteShese condi- tions include but are not limited See,p+ay TERMS AND CONDITIONS OF OFFERING PROPERTY The property will be comprised of approximately 10.8 acres of upland and 13.4 acres of submerged land as identified in the survey, enclosed with the complete RFP package. PROPOSED USES All proposed uses shall be consistent with and responsive to this RFP. MAINTENANCE/REPAIRS During the lease term, the developer shall be LEASEHOLD MORTGAGE The lessee shall have the right during the lease term to encumber its leasehold estate by leasehold mort- gage for the sole purpose of securing financing for construction of the leasehold improvements and/or for Tong -term financing or refinancing of any such leasehold improvements. The lessee shill have no right to encumber the fee simple title of the City in and to the property or to the City's remainder or residual interest in the leasehold improvements. The City's fee ownership and rental income stream shall not be subordinated. 22 TAXES AND IMPOSITIONS The developer shall be required to pay all govem- mental assessments, including assessments imposed by the City, franchise fees, excises, license and per- mit fees, levies, charges and taxes, induding ad val- orem real estate taxes on the property under the completed project and the leasehold improvements, general and special, ordinary and extraordinary properly levied against the property and the improvements and/or the lessee's leasehold estate which constitute a lien on the property or the improvements. The developer shall also be required to pay other applicable sales, parking and payroll taxes. In com • liance with the City Charter, e Ciiy/s portion of rea property taxes or other governmental assessments shall be due notwithstanding any incentives received from the County, State, or Federal Government. IJS<AW4CE PArMENT n amounts and with limits determined appropriate by the City, in a form and with carriers acceptable to the City), induding, but not limited to, comprehensive general liability, workers' compensa- tion, all risk property insurance, automobile liability, personal property, business interruption, builder's risk, liquor liability, food and products liability, and Watson Island Request for Proposals TERMS AND CONDITIONS OF OFFERING any other insurance required by law. The lessee shall • rovide or cause to be . rovided, to Florida and satisfactory to the City, in the City's rea- sonable discretion, or other such ins. ent :ti fac- to to the Ci Such bo' During the ": � a developer trig. c ing sampling and testing of the SOI s, iments and possibly the groundwater. The developer shall be responsible For the removal or remediation of hazardous materials that are required by law to be removed or remediated For the project, if any. Requirements For removal and remediation, if any II • • -nd on the construction plans proposed ;, pesrllpation. j : Watson Island Request for Proposals 23 agreement. The lease shall provide that at all times during the lease, the property shall be managed by a qualified person, Firm or corporation. NON-EXCLUSIVE USES All uses provided shall be non-exclusive uses. Development of the property into a mixed -use com- mercial venture shall not preclude the development of similar or the same uses by the City on any of its other properties. REGULATORY PROCESS The specific plans for the site will require various permits and approvals, and each respondent to the RFP is responsible for determining which permits and approvals will be required for the construction operations at the site. The selected respondent, at its sole cost and expense, shall be responsible for acquiring all required permits, licenses, and approvals from all agencies with jurisdiction, includ- ing, but not limited to, the City, Miami -Dade County, State of Florida, federal agencies and all public utilities. Additionally, all improvements must comply with all applicable building, fire, zoning, health and other code requirements. The following information is intended to help the respondent determine the applicable requirements and is not meant to be an exhaustive summary of all permits, licenses and approvals required. The City will assist the selected development team through expedited review procedures for City and State issued permits and approvals, to the extent permit- ted by law and regulations. Public Referendum Approval City of Miami Charter Section 29-C — Watson Island provides that before any lease of lands on Watson Island can be entered into, the proposed transaction shall be approved by voters at a referendum. It is the City's intention to submit the proposed transac- tion too referendum vote on November 6, 2001, or at the earliest convenient, regularly scheduled, gen- eral election. IF the proposed transaction is rejected by referendum vote, the project shall be terminated. In the event of such a termination, the developer has no vested rights, or title or interest in the property or to the development proposed thereon, or a claim upon the City for any expenses incurred in the pro- posal process. 24 Iiiii.istaisiiiiikeltiterhal *taprooms* Trt�'1'Drr�d '� Trustees For such a finding or a waiver of the deed restriction. DeftiopmeRnt ofRegional Rr»potd A Development of Regional Impact ("DRI"), as defined in Section 380.06, Florida Statutes, is any development that, because of its character, magni- tude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county a successor or similar law), the selected developer shall be solely responsible for making all applications anclailillana 7 Design Review The design of the project shall be subject to review and approval by appropriate City departments and/or agencies until such time that building per- mits are issued. Such agencies may include the Waterfront Advisory Board and the Parks Advisory Board. Watson Island Request For Proposals REGULATORY PROCESS Special Permits) Development of the site may require a Major Use Special Permit ("MUSP") to be issued From the City of Miami. The MUSP shall require traffic studies, environmental impact as well as all design specifications. The MUSP process will take the project through several public meetings and advisory boards induding: • Large Scale Development Committee ▪ Zoning Board and/or Planning Advisory Board • Urban Development Review Board T • City Commission Meeting — Planning & Zoning Agenda • Miami -Dade County Shoreline Review (Required for Waterfront Projects) Building and Environmental Permits To the extent that it is able, the City will expedite all City planning and building permitting For the development team due to the City's involvement as a partner in the project and its The City wt , r necessary, app as on applicant or co -applicant to the appropriate local, state, and Federal agencies for marina or other regulatory permits. Environmental permits may be required from the following agencies: • Miami -Dade County Department of Environmental Resources Management (DERM) Permit • State of Florida Department of Environmental Protection (DEP) Site Assessment • U.S. Army Corps of Engineers Watson Island Request for Proposals 25 REVIEW AND SELECTION PROCESS REVIEW AND SELECTION PROCESS This project has been identified by the City to be a Unified Development Project, for which review pro- cedures and the selection processes are established in the City Charter and Code. In accordance with those guidelines, the City Commission appoints a Review Committee from recommendations submitted by the City Manager and selects a Certified Public Accounting (CPA) firm, both to evaluate submitted proposals. In addition, the City may elect to hire additional consultants as deemed necessary to appropriately evaluate and analyze proposals. Administrative Review City staff shall initially review proposal submissions for completeness and compliance with all formatting and content requirements set forth in the RFP. During this initial review, and prior to the start of delibera- tions by the Review Committee, respondents may be contacted to cure proposals that contain non -materi- al, non -substantive defects as determined solely by staff. If notified of such a deficiency, the respondent shall correct such deficiency within five (5) working days of receipt of notification. Those submissions that comply with requirements will be deemed responsive. THRESHOLD REQUIREMENTS AND STANDARDS The City has identified five (5) factors that shall serve as threshold qualification standards for this UDP process. All respondents are required to meet these standards to receive further consideration of their proposals. Respondents are encouraged to form appropriate development teams in order to assemble the requisite expertise, experience, finan- cial and management capability to meet these threshold requirements. As such, where applicable, these standards will be applied to the development team as a whole, in a manner that is commensurate with the allocation of responsibility within the team. Watson Island Request for Proposals 26 Each respondent is expected to meet the following five (5) minimum requirements: 1. A minimum of 10 years experience managing and operating a marina of similar size and complexity 2. A minimum of 10 years experience in the man- agement and operation of each use being pro- posed for the upland. 3. A leading role of principal responsibility or other demonstrated experience in the design of a project(s) of similar size, complexity and con- straints as the facilities and uses proposed. 4. The successful development and Financing of at (east one project of similar size, complexity and uses with similar constraints. 5. At least one single project for which $20 million in financing was secured. Certified Public Accountant Review A Certified Public Accounting ("CPA") firm has been selected by the City Commission to evaluate each proposal, specifically assessing the Following elements: • The financial viability of the proposing entity, including prior record and experience. • The viability of the proposal's financial plan, sources and structure. • The comparative short term and long range economic and fiscal return to the City. • The proposal's market analysis and marketing plan. • The economic feasibility of the proposed devel- opment. • Viability and appropriateness of management plan. • Credit worthiness of principals/partners of the proposing entity, induding prior bankruptcies, if any. REVIEW AND SELECTION PROCESS During the course of its analysis, the CPA shall examine all materials provided by respondents and will conduct a full investigation of the Financial back- ground of the individual members of the develop- ment team, including materials that may be avail- able from other sources such as Dunn & Bradstreet. The CPA shall present its findings regarding each proposal to the Review Committee prior to said Review Committee completing its deliberations. The CPA shall render an independent report of its find- ings to the City Manager. The CPA currently selected is Price Waterhouse Coopers in conjunction with Grau and Company, P.A. Minority and Women Business Affairs Policy Review The City of Miami will review the materials provided by the respondent to verify the extent to which the development team encourages�Female, Hispanic, and African American Participation on the develop- ment team and in the mansgement and operations hiring procedures proposed for the project. Review Committee Subsequent to staff review, the Review Committee shoji evaluate each proposal deemed responsive. The Review Committee shall be comprised of 5 pro- fessional City staff members in the fields of finance, building and zoning, urban design, and marina management plus 6 representatives from the private sector experienced in the Financing and develop- ment of projects of this nature. In this process, the Review Committee shall rely primarily on the docu- mentation submitted in the proposal, but may also obtain critical information through a presentation by and interview of the development team. The Review Committee shall use the specific evalua- tion criteria and their respective assigned weights for purposes of rating and ranking the proposals, as defined below. Each Committee Member shall review each proposal specifically noting the level of detail given to criteria of critical importance to the City and assign a numerical score accordingly. Each Review Committee Member shall determine a rank order based upon the numeric score achieved. The Review Committee shall arrive at a rank order of proposals based on the individual members vote of its rank order. The Review Committee shall render a written report to the City Manager of its evaluation of all respon- sive and responsible proposals. The Review Committee has the authority to recommend one or more, or none, of the proposals as it deems to be in the best interest of the City. The Committee's recom- mendation is accompanied by written justification of its findings. The City encourages all respondents to Form appro- priate development teams in order to assemble the requisite expertise, experience, Financial and man- agement capability to meet the evaluation criteria. As such, where applicable, these standards shall be applied to the development team as a whole, in a manner that is commensurate with the allocation of responsibility within the team. Each respondent is expected to address the following requirements: Evaluation Criteria OVERALL PLAN & DESIGN OF THE PROPOSED DEVELOPMENT • Fulfillment of the City's established development objectives, design guidelines and program requirements. 27 Watson Island Request for Proposals REVIEW AND SELECTION PROCESS • Range and mix of uses and amenities; extent of public access and amenities. • Extent and commitment to public use objectives and goals. • Demonstrated commitment to public access and water -related uses. • Appropriateness and quality of the design. • Quality of the marina design as it relates to the berthing of mega yachts. • Appropriateness and relationship of upland facilities to the marina. • Harmonious and/or complementary integration of uses into the site. • Successful, harmonious interface and/or con- nection to adjoining public property, projects, and uses. • Imaginative and creative treatment of. public access, particularly at waterfront, other public spaces, exterior space, circulation, view corri- dors, landscaping, graphics and lighting. • Creative and effective integration of art -in -pub- lic places component. • Quality and sound principles of urban design proposal. • Efficiency of site design and organization, and compatibility of uses. FEASIBILITY, MANAGEMENT AND OPERATIONS OF THE PROPOSED DEVELOPMENT Appropriateness and practicality of stated goals, objectives and policies of management plan. • Viability, practicality and comprehensiveness of management plan, including such elements as mission, operating parameters, operating budg- et, revenue projections, cash flow analysis, per- sonnel organization and staffing plan. • Extent and feasibility of marketing plan, famil- iarity with primary and secondary markets for Watson island Request for Proposals proposed facilities and services, and appropri- ateness of strategies to be utilized for attracting and strengthening those markets. • Management approach to ancillary operations and businesses, particularly relative to stated experience and capabilities, and to the City's objectives. • Extent and qualify of programs for mainte- nance, security, public access, cultural/educa- tional programs, and public and customer serv- ices, as applicable. • Developer experience and capability to fulfill the commitments stated in proposal. 28 RETURN TO THE CITY • Annual lease payment including a guaranteed minimum annual rental payment • Payment of a percentage of gross revenues. • Dollar value, extent, and timing of capital improvements. • Any additional Financial benefit to the City. • Other non -financial benefits to the City. • Likelihood and timing of receiving financial and other benefits. EXTENT OF MINORITY PARTICIPATION • Minority/women participation within the pro- posing entity. • Minority/women participation within the con- sultants to the proposing entity. • Subcontracting and hiring practices during con- struction. • Opportunities for minorities/women, hiring out- reach and training opportunities in relation to leasing, management, operation and mainte- nance of facilities. • Affirmative action plans of development entity members. REVIEW AND SELECTION PROCESS SCORING VALUES CRITERIA WEIGHTED VALUE Overall Plan & Design of the Proposed Development 35 Feasibility, Management & Operations of the Proposed Development 25 Return to the City 35 Extent of Minority/Women Participation 5 Total 100 City Manager The City Manager shall take into consideration the findings of both the CPA Firm and the Review Committee, and shall then recommend one or more, or none, of the proposals to the City Commission. The City Manager shall state in writing the reasons for his recommendation. City Commission The City Commission may then accept the recom- mendation of the City Manager, may reject all pro- posals, or may seek a recommendation directly from the Review Committee. Should the Commission select a proposal and authorize exclusive lease negotia- tions, ballot language shall be drafted and submit- ted for a citywide public referendum vote. Anticipated Selection Schedule RFP Available to Public/Date of Issuance February 1, 2001 Proposal Pre -Submission Conference Mardi 6, 2001 Proposal Submission Deadline June 20, 2001 Recommendation From the City Manager b the City Commission September 13, 2001 Adoption of Legislation Placing Selected Proposal on Ballot For Public Referendum September 13, 2001 Public Referendum November 6, 2001 This schedule is subject to change. 29 Watson Island Request For Proposals SUBMITTAL REQUIREMENTS Required Proposal Format Proposals should be submitted in a bound Format with tab dividers separating each section. Prospective developers shall utilize the following outline, headings and numbering to prepare their proposals, adding tabs and sub -tabs as needed. TABLE OF CONTENTS I. EXECUTIVE SUMMARY II. PROJECT'S PUBLIC PURPOSE III. VISION, GOALS AND OBJECTIVES OF PROJECT IV. PROJECT PLAN V. OPERATING PLAN VI. MARKETING PLAN VII. MARKET AND ECONOMIC FEASIBILITY VIII. FINANCIAL PLAN IX. FINANCIAL FEASIBILITY X. DEVELOPMENT ENTITY XL FINANCIAL CAPACITY XII. DEVELOPMENT SCHEDULE XIII. REQUIRED RFP RESPONSE FORMS XIV.ATTACHMENTS Watson Island Request for Proposals 30 Required Proposal Content A minimum font size of 10 point, 1 inch margins, and single spacing shall be utilized on all text docu- ments submitted. A total of 25 copies shall be sub- mitted consisting of 1 original, 23 bound copies with tabs, and 1 unbound copy without tabs for possible duplicating needs. All required drawings shall be submitted in the scale noted with one (1) original mounted on boards no larger that 24" x 36" and 24 copies reduced pro- portionately to an 111 x 17" format. A total of no more than 14 boards will be accepted. Models and photographs of models will not be accepted. TABLE OF CONTENTS Table listing sequential page location of Contents, Charts, Graphs and Illustrations I. EXECUTIVE SUMMARY Respondent must summarize the proposal providing an overview of the proposal document. II. PROJECT'S PUBUC PURPOSE Respondent must demonstrate the range of public purpose(s) that the proposed project will achieve. III. VISION, GOALS AND OBJECTIVES OF PROPOSED PROJECT Respondent must summarize the vision, goals and objective of the proposed project. IV. PROJECT PLAN The project plan shall be prepared by a team of specialized, registered design professionals. The SUBMITTAL REQUIREMENTS design professionals must strive to create a develop- ment with a meaningful sense of place. The project plan shall take into account the Urban Design Principles and Guidelines that focus on a mixed -use waterfront development that emphasizes human scale, the pedestrian realm and public open spaces. The plan shall include: 1. Narrative Description 2. Site Program Analysis including: • Overall site development including marina and vessel sizes that can be accommodated. • Number and use of buildings, square footage (both gross and rentable), height, and num- ber of floors for each. • Number, type, size, construction and descrip- tion of proposed operations by category. • Architectural and landscape architectural Features. • Permitting and environmental issues. • Parking supply and demand. 3. Watson Island Site Plan Plan should illustrate the relationship and con- nectivity of the proposed project to other existing and planned projects on the island. Required scale = 1" : 200' 4. Proposed Project Site Plan including: • Land Use • Building Locations • View Corridors • Vehicular/Pedestrian Access (public and private) • Marina Layout Required scale = 1" : 40' 5. Proposed Landscape Plan Required scale = 1.: 40' 6. Proposed Marina Plan • Piers • Wet Slips (noting vessel sizes that can be accommodated) • Dockage • Marina Amenities Required scale = 1" : 40' 7. Renderings of Overall Site • From Biscayne Bay • From MacArthur Causeway • From Within Project (3 different renderings From this view will be accepted) Illustrating: • Context • landscape • Building Heights • Architedural Elements • Architectural Features • Landscape Features • Parks/Plazas/Greenways/Open Spaces/Waterfront Promenade • Signage 8. Optional Elevations Five (5) Different Project Elevations Will Be Accepted (none required) V. OPERATING PLAN The proposal must include a narrative describing the management and operation of the entire proposed development. Respondents are reminded that the City intends that the property be maintained and operated in a manner consistent with the highest industry standards for facilities of its type. The description shall include, at minimum, mission statement, an organizational chart, brief outline of operating procedures, indication of which business- es are intended to be operated by development team and which businesses are intended to be sub- 31 Watson Island Request for Proposals SUBMITTAL REQUIREMENTS leased or to be operated under a management con- tract, sublease requirements (if any), operating schedule, and maintenance program, including planned major maintenance schedule. Additionally, a copy of the respondent's currently effective Affirmative Action Program, in accordance wi City Code Sections 2-778 and 18-136 et be included. IF independent management services are tole�i g a icable forms must be completed by management contractors. • Mission Statement • Organizational Chart • Operating Procedures • Management Plan • Management Team • Staffing Plan • Operating Schedule • Maintenance Program • Affirmative Action Program VI. MARKETING PLAN Proposals shall include a marketing plan that shall identify primary and secondary markets for each type of facility and/or service proposed and a description of the strategies to be utilized for attract- ing and strengthening those markets such as how and where the activities/operations will be adver- tised, branding concepts, and potential co -market- ing opportunities. Specific discussion shall be pre- sented as to marketing strategies to attract the large vessel market. Similarly, the feasibility study should provide the rationale for the proposed mix of piers, dockage, wet slips and marina amenities. VII. MARKET AND ECONOMIC FEASIBILITY Proposals shall include the following elements allowing an understanding of their likely market and Watson Island Request for Proposals economic feasibility: • A market analysis sufficient to establish the mar- ket support for, pricing and absorption of the proposed uses, based upon analysis of demand generators, competitive supply, market pricing, competitive position and anticipated market share/capture. The analysis should specifically provide the rationale for the proposed mix of piers, dockage, wet slips and marina amenities. • A projected development phasing schedule by building and parcel. • An analysis of projected revenues and operating expenses broken out for each major component covering at a minimum the first ten years of 'i ' operation. The analysis shall specify the bases for these estimates. 32 • A written statement indicating the total dollar amount to be spent on permanent physical improvements to the property, induding building improvements, site improvements, and program requirements associated with the development, including public spaces and amenities, as well as that required for all start up costs and initial operating expenses. The development cost esti- mates shall be itemized to include significant line items within the major categories of hard, soft (including development fees), and financing costs, and allocated by project component and building and phase. VIII. FINANCIAL PLAN Proposals shall indude a description of the financing plan for the project, including a description and esti- mation of all sources of construction and permanent debt and equity funds to be used in the project. Loan terms, target returns and other financing considerations should be presented. Prior to its execution of a lease agreement, the City shall SUBMITTAL REQUIREMENTS require written evidence that the successful respon- dent has received a firm and irrevocable commit- ment of all funds necessary to construct, equip, and initiate operation of the proposed project for a sta- bilization period determined by the City. The City reserves the right to Further evaluate and/or reject Financing commitments when the term, the identity of the financing source or other aspect of such financ- ing is deemed not in the best interest of the City or the project. IX. FINANCIAL FEASIBILITY Proposals shall include a cash flow analysis(es) inte- grating revenues, operating expenses, development costs, and debt service fora minimum of the devel- opment period and First ten years of the project's operation. Analysis(es) shall be presented in a fash- ion so as to enable a dear understanding of finan- cial feasibility and financial inflows and outflows both on a building by building basis and an inte- grated total basis over any phased development schedule, and shall also enable a dear understand- ing of the projected rents and any other financial returns to the City over the projection period. Financial Return to the City Proposals shall include a stated commitment of annual lease payments to the City in the Form of a minimum guaranteed rent and percentage(s) of gross revenues, and any other proposed lease pay- ments, as well as a stated commitment to adhere to the City Charter requirement for compensation equal to fair market value. Proposals shall detail other Financial benefits to the City such as estimated property taxes, and other non -Financial benefits such as new jobs created. X. DEVELOPMENT ENTITY Respondents must have formed a development entity that assembles the requisite expertise, experience, 33 Financial and management capability to develop a world -class marina and mixed use destination. For the purpose of this RFPedevelopment entihes)are defined as the legal entity submittingthe proposal and with whom the Cy would enter into the lease- hold agreement for the property, if awarded. The City of Miami reserves the right to conduct a com- plete background investigation of the development entity and all involvedprincipals, consultants, and sub -consultants prior to the final selection or execu- tion of the lease. Development Entities that contain a member who has previously defaulted on a City Lease is not eligible to participate in this UDP process. 1. Table of Organization For Development Entity The organizational structure presented in graphic form depicting the proposing entity and its profes- sional consultants, including the names, affiliation and addresses of all principals. This includes any and all general partners, stockholders owning 5% or more of the corporate stock, corporate officers, and executives and top management of the development entity. A Certificate of Good Standing from the State of Florida shall be submitted for the develop- ment enhty formed For the project. 2. Resumes Resumes shall be included for key individuals to be involved in the proposed development. Resumes shall specify the role of the individual in the relevant project. 3._ References for All Development Team Members Respondents shall provide not less that four (4) cur- rent references For each principal development team member who can attest to the members' relevant capability and experience. These references shall be contacted by the City. Watson Island Request For Proposals SUBMITTAL REQUIREMENTS 4. Licenses and Corporate Registrations Individual Engineers._Ardhitects and landscape Architects must submit current Certificates of Registration or Licenses, and corporations or part- nerships in those fields must submit current Certificates of Authorization. Proposals shall also include for each Firm a copy of the firm's current corporate registration. 5. Other Documentation as to Experience and Capability Proposals shall include a narrative or outline that provides sufficient detail to describe the develop- ment team's and consultants' considerable past experience in the development and management of projects of similar scope and complexity within the same or clearly similar sphere of endeavor. Respondent's shall provide a detailed list of complet- ed projects, indicating the time required for comple- tion, the completion date, the amount invested and financed for the project, a description of the pro- ject's elements and the role(s) played by each devel- opment team member that was involved. XL FINANCIAL CAPACITY Prove financial capacity so that a determination can be made that the development entity is capable of undertaking the project. Additionally, provide docu- mentation as to what resources will be utilized to provide equity for the project. A minimum of three (3) financial references thgt have provided the development entity or members thereof with development financing shall be provid- ed, including a loan officer name or other specific contact. Additionally, evidence of possession of or access to equity capital and financing resources to carry out Watson Island Request for Proposals 3d the proposed project shall be provided by submittal of the following: 1. The most recent available credit report. 2 Composition of current real estate portfolio, list- ing the following For each project: project name, type location (city, state), date completed, project size (rentable area), value, debt, role (developer, operator, property manager, etc.), ownership inter- est, and occupancy rate. 3. Recent history, preferably within the last 2-3 years, in altaningfinancing commitments, detailing type of project, financing source, amounts commit- ted, etc. Respondents may submit a written state- ments) from their financing source(s) describing past projects which said source has financed for said respondent, detailing the amount of capital, the size of the project and any other pertinent informa- tion that will assist the City of Miami in determining the availability of equity or subordinate capital to fund the project. 4. List and description of all 'ects in the pipeline including status, development schedule an financial commitment required of developer/operator, a detailed description of the project financing meth- ods, sources and amounts, and any working rela- tionship (on other projects) with members of the pro- posed team (on this project). 5. Identification of specific relationships (and contact information) with sources of equity/debt capital and their indication that the project outlined by the City and the respondent is consistent with their invest- ment criteria for o project of this size and type. 6. Address whether the respondent or any partici- pating team members have been involved in any liti- gation or other legal dispute regarding a real estate SUBMITTAL REQUIREMENTS venture during the past five years. In the explana- - Lion, include information regarding the outcome of any material litigation or dispute. Also, indicate if the respondent or any participating team members have ever filed for bankruptcy, or have owned or controlled projects that have been foreclosed, or have had fines levied by governmental agencies. Include the date of occurrence, contact person, tele- phone number and address. Respondents are encouraged to submit the below specified financial statements in their submittal in order to establish their capability, but such submittal will not be required other than From the selected developer. An audited financial statement for the post four years of each principal and joint venture partici- pant, including statement of changes in financial position and statements of any parent organizations and any materially relevant subsidiary units, identi- fying any projects with negative cash flows, amount of developer's resource debt, any non -performing loans, and the amount of guarantees and/or contin- gent liabilities. If a development entity has been in business for more than 10 years, corporate financial statements will be accepted. XII. DEVELOPMENT SCHEDULE Respondent must provide a narrative accompanied by a graphic time line or schedule detailing all phases of the development including developer due diligence, planning and design, permitting, con- struction, and operations. The schedule must include an explanation of how the phasing of the project was determined and a projection of the project completion time required following the development team receiving control of the site. 35 XIII. REQUIRED RFP RESPONSE FORMS Required RFP response forms and a checklist of required forms are included. All relevant forms must be completed and placed in this section. XIV.ATTACHMENTS Respondents may attach additional information as required. Tabs should be utilized as needed. Submittal Procedures and Deadline Submissions received in response to the RFP shall meet all requirements specified within the RFP. Submissions deficient in providing the required information shall be determined non -responsive by the City and shall be ineligible for further considera- tion. A complete proposal submission package shall be delivered to the City as follows: One (1) original, twenty-three (23) copies of bound proposals, and one (1) unbound proposal in an 8- 1 /2"x 11" format and one set of board -mounted illustrative drawings not to exceed 24" x 36". Proposal submissions must be marked Unified Development Project Proposal for "WATSON ISLAND MEGA YACHT MARINA AND MIXED USE DEVELOPMENT" and addressed to: Meredith J. Nation Department of Real Estate and Economic Development Proposals must be received at: Office of the City Clerk City of Miami, City Hall (First Floor Counter) 3500 Pan American Drive Miami, Florida 33133 Watson Wand Request for Proposals SUBMITTAL REQUIREMENTS by: 5:00 p.m. June 20th, 2001 The time deadline and proposal receipt location shall be strictly adhered to by the City. No propos- als shall be received or accepted after 5:00 p.m., June 20th, 2001 or at ony other City office location, other than the City of Miami Clerk's Office. Proposal submissions must be accompanied by a refundable deposit in the form of a cashier's check, money order, letter of credit, or official bank check in the amount of $100,000 made payable to the City of Miami. The selected developer will be reim- bursed $50,000 if the project does not pass the required public referendum. Contact Information OFFICIAL UST OF REGISTERED RESPONDENTS Anyone bidding must appear on our official list of those who purchased a copy of the RFP. This ensures that all potential respondents are advised of any changes made, and receive all notices, addendum, advisories, etc. regarding the RFP during the bid- ding period. Upon submission of the $300 cashier's check, money order, or official bank check for pur- chase of the RFP document, the contact name pro- vided by the check issuing entity will be placed on the official list of "registered" respondents. OPTIONAL PRE -PROPOSAL SUBMISSION CONFERENCE An optional "Pre -Proposal Submission Conference" and tour of the site shall be held at 10:00 AM, Tuesday, March 6th. The location of the conference will be provided by mail to all registered respon- dents. Questions from potential developers may be addressed to City Staff members at this meeting. Any questions answered at the meeting shall also be Watson Island Request for Proposals 36 answered in writing following the conference and shall be made available to all registered respondents who purchased the RFP. "CONE OF SILENCE" Except For public hearings and scheduled presenta- tions, contact with the City regarding this RFP or any aspect of a proposal by a respondent or any repre- sentative of a respondent shall be limited to written communications until such time that a successful development team is selected by the City Commission. All questions or requests for addition- al information must be asked and answered in writ- ing by certified mail. The request must contain title, development entity name, contact person name, address, phone number, and fax number. The City will respond within 10 days. Any responses to such questions or requests shall be furnished to all respondents in the form of an addendum to this RFP. CITY MANAGER'S DESIGNEE FOR ADDITIONAL INFORMATION Meredith J. Nation Department of Real Estate and Economic Development City of Miami 44.4 SW 2nd Avenue, 3rd Floor Miami, FL 33130 DISCLOSURE AND DISCLAIMER Any proposal deemed to be non -responsive or not responsible will be rejected. A responsible respon- dent is one that has the capability in all respects to fully perForm the requirements set forth in the pro- posal and the proposed lease, and that hos the integrity and reliability which will assure good faith performance. A responsive respondent is one that has submitted a proposal that conforms in all mate- rial respects to the RFP. Thus, for example, a propos- al that has not substantiated the financial capability of a prospective respondent may be rejected. 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 accordance with the applicable sections of the City Charter and Code. In its sole dis- cretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting proposals in response to this RFP. Pursuant to City Charter Section 29-A, sub -section (c)(6), the City reserves the right to reject all propos- als and further, to terminate the UDP process and/or contract after a public hearing in the event of any substantial increase in the City's commitment of Funds, properly, or services, or in the event of any material alteration of any contract awarded under Subsection (c) Unified Development Projects, of Charter Section 29-A. This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami ("City") for the recipient's convenience. Any action token by the City in response to proposals made pursuant to this RFP or in making any awards or failure or refusal to make any award pursuant to such proposals, or in 37 any cancellation of awards, or in any withdrawal or cancellation of this request for proposals, either before or after issuance of an award, shall be with- out any liability of obligation on the part of the City and its advisors. Following submission of aproposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the proposal and the applicant including the applicant's affiliates, offic- , directors, shareholders, partners and empl • '�• uested by the City in its discretion. Any' ' liana n these contents, or on any communi- cations City officials or advisors,, shall be at the recipients' own nsk.. Prospective bidders should rely exclusively on their own investigations, interpreta- tions and analyses in connection with this matter. The RFP is being provided by the City and its advi- sors without any warranty or representation, express or implied, as to its content, its accuracy or com- pleteness. No warranty or representation is made by the City or its advisors that any proposals con - Forming with these requirements will be selected For consideration, negotiation or approval. The information contained in this RFP is published solely For the purpose of inviting prospective respon- dents to consider the development opportunity described herein. Prospective respondents should make their own investigations, projections, and con- clusions without reliance upon the material con- tained herein. The City and its advisors shall have no obligation or liability with respect to this RFP and the selection and award process or whether any award will be mode. Any recipient of this RFP who responds here- to fully acknowledges all the provisions of this dis- closure and disclaimer and is totally relying on said disclosure and disclaimer and agrees to be bound Wahon Island Request for Proposals DISCLOSURE AND DISCLAIMER by the terms hereof. Any proposals submitted to the City or its advisors pursuant to this RFP are submit- ted at the sole risk and responsibility of the party submitting such proposal. The City shall not be liable for any brokerage or finders fee in connection with this RFP. The offering is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only and does not constitute all or any part of an agreement. Furthermore, until such time as a lease agreement is executed by the City, the selected respondent shall not have any vested rights, nor title or interest in the subject Property or in the development proposed thereon. The City and the recipient will be bound only as, if and when a proposal, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved by the Mayor and City Commission and then only pursuant to the terms of the definitive agreements executed among the par- ties. A response to this RFP, or all responses, may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City or its advisors. The City is governed by the State of Florida Sunshine Law and all proposals and supporting data shall be subject to disclosure as required by such law. All proposals shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. Notwithstanding the foregoing, the applicant agrees that in the event of a final unappeolable judgment by a court of competent jurisdiction which imposes any liability arising out of this RFP or any response thereto or any action or inaction by the City or its advisors with respect thereto, the liability shall be -- Watson Island Request for Proposals 38 limited to $20,000.00 as agreed upon as liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provi- sions of this disclosure and disclaimer which impos- es no liability on the City and its advisors. In the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this dis- closure and disclaimer shall always govern. Further, any dispute among the City and the applicant shall be decided by binding arbitration in Miami -Dade County, Florida, before arbitrators sanctioned by and in accordance with the rules of the American Arbitration Association. PRELIMINARY STUDY WATSON ISLAND MEGA -YACHT MARINA Bermello, Ajamil & Partners, Inc. October 2000 Watson Island Mega Yacht Marina Preiiminary Study Pane 1 PRELIMINARY STUDY WATSON ISLAND MEGA -YACHT MARINA INTRODUCTION The City of Miami engaged this preliminary study to obtain basic information to assist the decision -making process to determine the potential for the development of a mega yacht marina in Watson Island. SCOPE OF SERVICES This study has a very limited Scope focused on answering five specific issues or questions posed by the City. These are: • Description of the features and amenities of the marina • Analysis of dredging needs • Description of desirable upland uses • Determination of preliminary development costs • Daily operation and maintenance requirements The very lmited nature of this scope is intended to generate information useful for further policy deliberations and market studies. This study does not draw conclusions as to the desirability of such a facility; these are policy decisions. This study does not include a market study of such a facility and as such does not draw conclusions as to the demands or feasibility of the marina in the South Florida marketplace. In addition this study is not a master plan for such a facility or for Watson Island. This study has based its results on base information readily available such as aerial photographs, site plans and adjacent facility plans provided by the City. The study has also relied on available harbor charts to determine depths in the area. The limited scope has not allowed for an independent confirmation of this information and has not included geotechnical, subsoil, environmental, marine, regulatory, legal, ownership or topographical studies. This limits the accuracy of the results presented herein to the quality of the information available. The report should be viewed as a first step in further establishing the desirability, need and feasibility of such a facility. Its results should be viewed as an order of magnitude analysis. Watson Island Mega Yacht Marina Preliminary Study Page .2 DESCRIPTION OF THE FEATURES AND AMENITIES OF THE MARINA The need and market for mega yacht marinas has grown in the last decade as a result of a dramatic increase in the number of large private and charter yachts well beyond those served at traditional marinas. Mega Ya chts have been viewed by many as an attractive market due to the high level of expenditures by their users. Traditionally, marinas have been designed to serve the needs of the mass boating market. This market has trended to include larger yachts and saiing vessels over the last 20 years. Marinas that commonly were serving average 35' long vessels are now routinely serving boats exceeding 40' on average. Generally, today most marinas can typically handle vessels through 80' in length. However the proliferation of new large yachts has exceeded the physical infrastructure provided by these marinas. Although there is not an industry definition of what a mega yacht is, for purposes of this study we have defined the minimum "mega -yacht" slip size to be 120' in length. These vessels are of such size which can not be readily docked at popular marinas as well as have the size characteristics to allow them to travel to distant destinations, a trend which is very common for mega yachts. The competitive environment for mega -yachts in South Florida is dominated by a relatively small number of marinas. In Broward County, Bahia Mar and Pier 66 have long served as the primary choice for the largest boats; in addition, a facility currently exists within Port Everglades for mega yachts. In northern Monroe County, the Ocean Reef Club is one of the largest attractors of mega yachts. In Dade County, Williams Island, Tumberry Isle, Fisher Island, and, to a lesser extent, the Miami Beach Marina attract a significant number of yachts although none have the capacity to accommodate more than a few large boats over 120 feet. It is important to note, that with few exceptions and to no surprise, mega yachts in South Florida tend to go and are sought out by the high - end private dubs and marinas. The Site The location of the marina was established by the City of Miami. It is situated on northwest sector of Watson Island generally shown in the aerial photograph, Figure 1. The marine side of the site is constrained by the location of the existing Intracoastal Channel on the east as well as the Miami Harbor Channel on the south. Watson island Meaa Yacht Marina_Prellminant Studs Pane 3 MEGA YACHT MARINA Watson Island, Florida Aerial Photograph Figure 1 The City has also provided a series of constraints reflecting the actual and planned projects in Watson Island as shown in Figure 2. These include the following: • The construction of the new Parrot Jungle and Gardens on the east side of the Island • The relocation of the seaplane base and its landing ramp to the south east comer of the Island • The construction of an integrated Visitors and Aviation Center • The potential siting of additional cruise terminals along the south side of the island, adjacent to the Miami Harbor Channel • The potential future tunnel connecting the MacArthur Causeway with_ the Port of Miami • The potential site for a new museum on the Island. In addition to these constraints, the Florida Department of Transportation has a major new bridge and causeway on the Island north of the site, as well as the abandoned right of way of the old bridge across the Intracoastal Waterway. No independent research was performed to determine the validity of detailed locations of these constraints. Based on the above constraints the general marine site was defined as potentially available for Lae. This site is shown in Figure 3. This same site has been the subject of past proposals for use as a marina by the City and others. The site is generally bounded on the east by Watson Island, on the north by the MacArthur Causeway, on the west by the Intracoastal Waterway and on the south by the location of the proposed new seaplane ramp. The site, according to published harbor charts has depths ranging from 8' to 14'. These depths are shown in Figure 4. Altemative Marina Layouts Based of the above constraints and directions, two altemative marina layouts have been developed to obtain a general understanding of capacity, cost and impacts. Both layouts are predicated on the following design characteristics: • The marina site is surrounded by a structural pier and potential breakwater located along the periphery of the Intracoastal Waterway. This structure will also be used as a marginal dock to service the largest of the vessels. Watson Island Meaa Yacht Marina Preliminary Studv Paae 5 Turning Basin Intracoastal F.D.O.T. Right -of -Way Mac Arthur Causeway Bridge Footing and Clearance Upland Site -CI Zoning East right -of- way --4 Line of channel Visitor and Mallon Center (Under Design) Proposed Seaplane Ramp Existing Seaplane R amp Proposed Parrot Jungle Possible Cruisc Tcrminnl etf u • ISL MEGA YACHT MARINA Watson Island, Florida Constraints Figure 2 NOTE: Dimensions obtained from Watson Island Master Plan drawing not from actual site surrey. MEGA YACHT MARINA Watson Island, Florida Site Measurements Figure 3 + i f 1 ,,,.......,...-..s,„..--\1/4 --,..„.. \-,,,•.\k-f,,,‘ ,, ,,...:1, ! ..N + ';s N , .-- ,........„ ..,„...,....„. N.;t...c. lis• . \ \ -\\*-k-k• A. ".,,.. c---1 rl 1 ..f ..,...... /1 I / 1 ,/ / .".... -- •• -iiI 1I - & A' • I •__J ___ • - I I ' N 1 .._)/ f /b. .:.,:,:;•:, oc, •••, / • . • •-•:. _AM 1.4i$ ft S-jk°*ft _ MEGA YACHT MARINA Watson Island, Florida • Hathymetry Survey Plan Figure 4 .13 40 .)( • The marina is located away from the proposed seaplane ramp. However actual clearances will need to be provided in future coordination with the requirements of that facility. • The slip sizes have been generalized as shown in Figure 5. For purposes of comparison this figure also shows the slip size configuration for smaller 80' long slips. Alternative A — The first option, Alternative A shown in Figure 6, uses a traditional finger pier to berth a large percentage of the boats. This layout has the following advantages: • Quicker access to the uplands by the boaters and operators without having to traverse the circumference of the facility. • Depending on currents and the ability to build a breakwater most of the boats are docked parallel to the assumed predominant currents (which need to be confirmed), which is the preferred alignment in order to reduce boat movements while at berth and facilitate maneuvering and berthing. • Provides for differing treatments of the existing Watson Island bulkhead. • Allows the use of the water's edge along the western shore of Watson Island to be more readily available to the public without undue security provisions for the vessels. • This alternative yields approximately 29 slips ranging in size from 120' to 240' in length. Altemative B — The second option, Alternative B shown in Figure 7, eliminates the central pier and uses the entire periphery of the marina to dock the vessels. Points to consider in favor of this layout are: • This potentially could be a cheaper solution • It is navigationally superior to the first by eliminating weaving within the marina basin as well as maximizing a "turning basin' within the marina. • This altemative has the disadvantage of increasing the walking or land accAss travel distances to the boats docked at the outer pier. • This alternative yields approximately 30 slips ranging in size from 160' to 240' in length. Watson Island Mesta Yacht Marina Preliminary Study Page 9 120' +80' to 120' up to 80' MEGA YACHT MARINA Watson Island, Florida Boat and Catwalks Dimensions Figure 5 4splafek I 1 • 1 1 1 / / / 1 I 1 sal t la �---- Main Channel Total Slips= 29 II I / • Al. / I•ad'�', GI+II // IIr .1006 /I • UPLAND SITE Approx. 12.2 Acres C1 Zoning Up to 120' oal •• • 24 slips 120' oal • <-1 120' oal . . <ED. 160' oal Acsms 240' oal • sarenav 160' to 240' oal • • • 5 slips 1 UPLAND SITE i Area ±12.2 Acres MEGA YACHT MARINA Watson Island, Florida Site Plan -Alternative A Figure 6 , is i • • • i • • • • • i • • • • e • • • • Main Channel r Existing Seaplane Base Total Slips= 30 s UPLAND SITE Approx. 12.2 Acres C1 Zoning Up to 160' oal .. . 27 slips 120' oal Q 120' oal ...<Elp. 160' oal • 4:3010 240' oal • 4411110P 160' to 240' oal • 3 slips UPLAND SITE Area ±12.2 Acres MEGA YACHT MARINA Watson Island, Florida Site Plan -Alternative B Figure 7 Marina Amenities Outlined below is an overview of the amenities that will be required to effectively compete in the mega yacht market. Each service element is integral to creating an overall package. Services to Slips/Marine Services • Electric - All slips should have 30 Amp, 50 Amp, and 100 Amp Single & Three -Phase Electric. Although many of the largest boats can operate under their own power 24-hours per day, seven days a week, accommodating the power needs of the largest ships allows for longer stays and an enhanced revenue source. At least 25 percent of slips should also be able to accommodate European connections. • Cable & Telephone - Despite the abundance of wireless telephone service and satellites on mega yachts, it is still important to offer multiple line_ telephone and full cable service to each slip. High speed Internet connections via DSL and/or cable service should also be explored. This will be particularly important to crews that often make decisions of where to dock. • Water— Every slip should have adequate pressurized water connections • Storage— Every slip should have individual lockbox storage at the slip. • Lighting — Pedestrian level lighting should be provided along all piers and slipways. • High Speed Pump -Out - A number of high-speed gray/black water pump out hook-ups should be provided in the marina. Due to the environmental sensitivities of Biscayne Bay, it might be necessary to provide permanent sewage hookups at each slip to prevent accidental discharges. • Fuel Dock — Both gasoline and diesel fuel should be available for sale, and should be configured to accommodate multiple boats at the same time. This is particularly important given the time required to fill a mega - yacht. This type of facility requires extreme environmental sensitivity and regulatory approvals. • Potable Water — Potable water should serve as a revenue generator as boats can use the facility to fill up water holds. • Transportation Carts — The marina should maintain at least two golf style carts for transportation to and from boats along the breakwater. Watson Island Meaa Yacht Marina Pratlminaot Studv Paae 13 ANALYSIS OF DREDGING NEEDS A key characteristic of the marina and possibly the most important will be the depth of the channel and basin. The potential need to dredge, however, is the most difficult issue from a regulatory standpoint. Mega yachts of the size shown in these schemes traditionally are some of the deepest draft vessels, not only because of their overall size, but also because these vessels are designed to cross the oceans. As a result, newer vessels are being built with even deeper drafts. The current area designated for the marina is provided access from the Atlantic by the Miami Harbor main ship channel. This federally designated and maintained facility currently has an operational draft of 36', which is more than sufficient to meet the needs of the vessels. The location for the marina basin ranges in depths from 8' to 14'. Although there are no specific guidelines for the design depth, a design depth for purposes of this planning study can be determined based on vessel design as well as competitive marinas. Specifically the following information yields competitive data: • According to manuals, the design depth of vessels of 150' in length is between 8' to 9'. • The Bahia Mar Marina, that currently handles some of the largest mega yachts in the area, has water depths of 12' to 13' along its main dock facing the Intracoastal Waterway. This would allow the safe docking of vessels with 10' to 11' of draft. • One of the largest yachts in the world frequently in South Florida has a draft of 14'-4". In general for this study, the proposed marina is expected to handle ships with drafts of 8' to 12' feet. This means that the marina and its entrance channels will require water depths of approximately 12' to 15' below mean low water. The actual depth should be established based on both further market studies and regulatory negotiations. Based on the current bathymetric chart (Figure 4) this will require dredging for the marina of approximately 38,000 cubic yards for a 12' depth and 84,000 cubic yards for the deeper 15' marina. Reduction of dredging can be achieved by either adjusting the size of the vessels downward, or, after more detailed bathymetric and environmental studies are performed, adjusting the designs to take advantage of naturally occurring water depths and placing vessels with limited draft in shallower areas. This can only be done with more detailed field data that should include sediment analysis. This type of adjustment will be needed in order to reduce impacts and costs. Watson Island Mega Yacht Marina Preliminanr Study Page 14 The characteristics and quality of the material to be dredged are the critical components in determining its permitability as well as cost. If contaminated material is found, disposal as well as dredging techniques can vary dramatically. There has not been any major recent dredging adjacent to this area, so data is not readily available. For purposes of this study, assuming that the material is unconsolidated rock and sand, dredging can be done with a variety of means most likely controlled by the requirements of the environmental permits. At the adjacent Port of Miami, dredging has used a variety of techniques including hydraulic, clamshell and bucket, hopper dredge and giant backhoes. Disposal of the material is dependent on its quality and suitability for use as fill. The most desirable use would be right on Watson Island for future site fill; if not, an altemative off -site disposal site will be required. A final determination of which type of method to use can only be made once more detailed studies and consultation with the Regulatory Agencies has taken place. In general, however, hydraulic dredging can only be considered if the quantities are large enough to justify large mobilization costs, and if a large upland disposal site can be used to decant the water. The other more traditional dredging techniques such as the use of a crane and damshell will need to be carefully considered due to their potential to cause turbidity in the Bay. Experience has shown that in Biscayne Bay the most recent large scale dredging has cost $10 a cubic yard, however disposal, quality and hardness can increase costs significantly. It is probably safer at this point to consider higher budget figures ($20/cy) until further studies determine the best methods and the quality of the material. In addition, the environmental regulatory process typically will require mitigation, which is an added cost. Mitigation is determined on a case by case basis, however for planning purposes, in other projects, the costs have ranged from as low as 10% to a high of 40% of total project construction costs. These costs cannot be established until environmental studies of the site have been made, impacts are calculated and negotiations with the Regulatory Agencies have concluded. DESCRIPTION OF DESIRABLE UPLAND DEVELOPMENTS AND SERVICES If the Watson Island mega -yacht marina is designed to physically accommodate approximately 30 boats over 120 feet in length, it would be one of the largest mega yacht marinas in North America. However, without a service, amenities and upland development package, the marina will be unable to attract the wealthiest boaters and compete for this business at the higher end of the marine market spectrum. The upland site designated by the City to support the marina consists of approximately 12.2 acres. New roads have recently been completed. No further information is available as to other development infrastructure such as site Watson Island Mtge Yacht Marina Prellminary Study Page 15 elevations, land use regulations, permitting, ownership, utilities, etc. These should be evaluated at a later date. However for purposes of this analysis it is assumed that the site can be developed. The desirable development of the upland areas to support a mega yacht manna should include the following components: • Dock Master Facility - A 1,500 to 2,000 square foot dock master's office should be built at a highly visible and central point in the marina and as close as possible to other services (i.e. fuel, ships store, etc.). • Parking — Parking should accommodate up to 200 vehicles and be located as close as possible to slips or piers. • Security - Security should include a fence/wall that restricts access, manned presence and electronic surveillance with cameras and alarms placed strategically throughout the marina. Security is of greater. importance for the Watson Island mega -yacht facility than it would be for other marinas given the high profile of boats and patrons that will visit the marina. • Marine Store — A small marine store (1,250 to 1,500 square feet) should have basic marine supplies and food/beverage items. The store would primarily serve the crew of the boats and should be open from early morning to late evening. Store management can also manage the fuel dock, potable water, and serve the boat repair and part needs of the mega -yachts by ordering over the intemet/via-phone and receiving parts by delivery or express mail. • RestroomslShowers - Public restrooms and three or four individual showers and locker rooms should be developed which will primarily be used by visitors and crew. • Laundry — Up to four heavy-duty washing machines and dryers should be installed • Crew Lounge — A crew lounge that includes comfortable places to sit, cable TV, computer/Internet station, and telephones should be built adjacent to or near the docks. • Yacht Club — A Yacht Club should be built on the property aimed at boat owners and their visitors. The Yacht dub should indude the following elements: o Lounge area and bar o Small restaurant Watson Island Mega Yacht Marina Prellminary Study Page 1G o Small fitness/Spa facility and whirlpool o Swimming pool o Banquet room o Meeting rooms o Small business center o 15 to 20 hotel guest rooms The Yacht Club to be financially viable will have to allow for some outside revenue, and should be accessible to the public. It is yet to be determined if the facility should be operated as a dub with a membership fee, or if the restaurant and lounge/bar be more broadly open to the public. Certainly hotel guest rooms should be leased on space available basis although preference should be given to guests of boats in the marina. • 24 hour Concierge Service - Concierge service should be available around the dock for patrons of the marina and to some extent their crews. Increasingly important to yacht owners and the crews, which schedule_ time in ports, is the presence of services such as personal shopping services and event coordination. These can become key revenue generators for the facility and can all be coordinated through the concierge. DETERMINATION OF PRELIMINARY DEVELOPMENT COSTS It is important to view the cost figures shown herein as very preliminary due to the limited scope of this study. Major cost items have been identified, however some of the most important budget figures such as dredging, environmental mitigation, material disposal, utilities, etc. can not be quantified at this stage without more detailed studies. As a result ranges have been generated to give a better understanding of this situation. In general the major cost items will be: • Marine Construction - consisting of all the pilings, piers, breakwaters, fenders, navaids, walkways, bulkheads of the marina • Marina Amenities — Consisting of all utilities, power modules, lighting, lock boxes, fire suppression systems on the pier. • Dredging — the removal of material to create the appropriate water depths • Upland Development — site development such as fill, paving, grading, utilities, drainage, roadways, etc. Watson Island Meg Yacht Marina Prellminary Study Page 17 • Buildings — those building described in the above section such as the dockmaster building, yacht dub, bathrooms, etc. • Environmental — environmental mitigation requirements of regulatory agencies The following Table shows the overall quantities, unit costs and overall budgets for the project. At this stage, although two alternatives have been shown there is not enough basic information as to the soils, methods of construction or types of breakwaters to clearly differentiate between the two as to the costs within the marine construction component. As such, a singular budget is presented which is representative of both altematives. However, based on the amount of structure being shown, Altemative B should be Tess expensive. Description Unit Cost Totals Marine Construction Various $5,700,000 Marina Amenities Various $1,000,000 Dredging(') $20/cy $1,700,000 Environmental Mitigation 20% of Dredging $300,000 Site Development Various $1,100,000 Buildings $200/sf $4,700,000 Contingency 20% $2,900,000 Totals _ $17,400,000 (1) The estimate for dredging shown above is for the 15' deep marina. If a 12' depth is used the dredging costs are reduced to $760,000 In conclusion, the general budget for the mega -yacht marina project with 15' deep basin is $17,400,000. However, should the basin be built with 12' of depth, the cost is reduced to $16,000,000. DAILY OPERATION AND MAINTENANCE REQUIREMENTS The following section outlines the key operating and maintenance requirements for the Watson Island mega -yacht marina. Advertising and Marketing Program The advertising campaign for the facility will need to consist of the following elements, particularly during the early years of operation. • Boating Guides — The facility will need to insure it's listing in Cruising World, Embassy's Cruising Guide (S. Florida, Bahamas, Florida Keys Editions), Waterways Guide — Southeast Edition, and the Florida Boaters Guide. Watson Island Meaa Yacht Marina Preliminary Study Page 18 • Membership — The marina should maintain membership in the following organizations: Boat US, International Marina Institute, and the Greater Miami Convention and Visitors Bureau. • Special Recognition — The marina should make every effort to seek special recognition from independent boating rating agencies and yacht guides. • Public Relations — A public relations campaign focusing on marina facilities and amenities, and the marina's unique features will have to be undertaken. Public relations efforts will focus on editorial opportunities, manage advertising placement, special events, media relations, newsletter production, website management, etc. • Website — The Watson Island Mega -Yacht marina should create a dedicated website with links to pertinent sites including Boat U.S, International Marine Institute, Embassy's Boating Guide and other yachting publications. • Marina Brochure — A four-color brochure should be developed to target new users both regionally and nationally, provide rate information and a calendar of events. Hours of Operation and Services With the highly transient nature of traffic at the marina, hours of operation must cover a twenty-four hour period with maintenance and security staff given responsibilities for looking after boaters/crew needs in the early morning and late night periods. Services, including the fuel dock, yacht dub and marina store should operate along the same operating schedule as the marina as a whole. Concession agreements should include provisions for operating hours which are in line with the marina overall. Customer Service A need for an enhanced level cf service is required to accommodate the high end of the boating market. Many of these enhancements are related to the development of facilities, and concierge service, but other elements which need to be accounted for include the following: • Round -the -Clock Access to Staff - Security and maintenance staff must be given the tools and authority to assist crews and customers during off -hour periods. This may include assistance with tying up a boat, getting customers a car rental, or checking customers in or out of the marina. Watson Island Mega Yacht Marina Preliminary Studv Paola 19 • Greater Staff Presence on Docks — With larger boats there will be greater demand for assistance and generally a need and expectation for a higher level of service. Staff must spend the majority of their time walking the docks. • Insuring Availability of Basic Goods in Marine Store — The marina should insure through lease covenants or by other means that there is a ready supply of basic perishable and non-perishable goods and other items likely to be needed by boaters stocked in the marine store. • Discount Program with Parts Suppliers — The marina should establish a general relationship with one or more of the larger boat parts suppliers to provide discounts to boaters using the marina. Based upon the amount of ordering which occurs, the marina will likely be able to negotiate volume rebates with the part supplier thereby increasing revenue. Proposed Organizational Chart and Staffing Given the focus of the marina on enhanced service, staffing will have to be oriented to serve this demand. A preliminary organization chart is as follows: Watson Island Mega -Yacht Marina ice■-■�■�i Marina Staffing and Part -Time Staff Usage The organization chart depicts preliminary staffing for the marina and upland areas. Staffing indudes a Dock Master who will oversee the entire facility and two Assistant Managers for the Marina and the Yacht Club. Dock hands, security and general maintenance staff will fall under the Assistant Manager for the marina while the Assistant Manager for the Yacht Club will oversee the majority of upland amenities and activities. It is presumed that the ship store will be contracted out to a concessionaire. Watson Island Mega Yacht Marina Preliminary study Page 20 Security Security for the marina should be provided on three levels. At the first level, dedicated security staff should be used for nighttime coverage when dockhands, the marina managers, etc. are off duty. These security staff should be unarmed, but should be tied via two-way radio to the police department. The second level will be through electronic surveillance that should be budgeted in the capital program for the marina, while the third level of security would be control of the marina perimeter through limited access points and fencing/walls. General Maintenance In the case of maintenance services, such as painting, roofing, electrical, plumbing, or carpentry, the dock master should be given authority to procure these services from outside vendors using a pre -approved suppliers list. Routine work order response should be no more than 24 hours from the identification of problem. Preventative Maintenance Preventative Maintenance should occur according to the following schedule: • Replacement and repair of docking cleats, rubber bumpers, and shower and bathroom facilities are expected to be almost 1.5 times the rate of other marinas. • All electrical, water, and telephone outlets will be checked annually to insure that they are in good repair. The level of boater traffic will require enhanced preventative maintenance of these items. • All replacements will be completed per manufacturers guidelines. Watson Island Meaa Yacht Marina Prel minary Studv Paae 21 On -going and scheduled maintenance items are detailed in the following table. The dock master should be responsible for insuring that these services are completed when scheduled, and the log should be audited on a quarterly basis. Maintenance/Security Item Inspection Ex • ected Service/Re • lacement Occupancy Count Three times daily — 8am, 5pm, lam Three times daily — 8am, 5pm lam Bathroom/Shower Cleaning and Check Three times daily Three times daily Dock wash -down Daily Daily Trash removal and pick- up/line cans Twice Daily Twice Daily Security and lock check Daily Daily Lighting check Daily Daily Washer/Dryer room cleaning and working order check Twice Daily Twice Daily Seasonal plantings Two times annually Two times annually Landscaping services Si -weekly Bi-weekly Electrical outlet check Annually 10 years Phone outlet check Annually 10 years Water pipe check Annually 40 years Fire suppression unit check Annually 10 years Fence/WaII painting Annually 3 years Parking Lot striping Annually 2 years Lighting Daily 10 years Parking lot resurfacing Annually 4 years Dock Master's office rehab Annually 10 years Rest Room Building Annually 15 years Yacht Club Facilities Annually 20 years/ 5 year FF&E Copier machine maintenance Per manufacturers instructions Per manufacturers instructions Computer maintenance Per manufacturers instructions Per manufacturers instructions Radio maintenance Per manufacturers instructions Per manufacturers instructions Cleat, bumper, and roller replacement Annually 5 years Dock, Piers, Breakwater Annually 40-50 years Watson Island Meaa Yacht Marina_Prellminare Study Paae 22 Capital Replacement Reserve Based upon the preventative maintenance schedule outlined above, a capital replacement reserve should be established. This reserve should be set at between 2 and 3 percent of gross revenue and should be deposited in an interest bearing account on a monthly basis. Environmental Procedures and Policies The marina should develop an environmental procedure and policy manual with specific reference to dealing with current and future issues on the area's waterways and within the marina. Proposed Contract and Ancillary Services The marina should contract out the following services. These contract services are oriented toward enhancing the boater experience at Watson Island, and insuring consistency and quality of service. These services include: • Boat Cleaning Services ▪ Boat Repair Services • Car Rental Services • Transportation Services • Parts Supplier Relationship Watson Island Maas Yacht Marina PrelimInaat Study Pace 23 THANKS A YACHT LUXURY VESSELS BRING JOBS AND PROFITS TO BROWARD'S ECONOMY. Published: Sunday, December 3, 2000 Section: BUSINESS & TECHNOLOGY Pa • e: 1F By JOSEPH MANN Business Writer Megayachts. For most of us, the word means someone else's sleek, floating luxury homes. Gorgeous, multimillion -dollar craft that few of us will visit, never mind own. But the word also signifies big business for South Florida, generating hundreds of millions of dollars per year and thousands of jobs. This is especially true for Fort Lauderdale, because many of the world's megayachts (or yachts measuring 80 feet and over) are based here, or regularly visit local marinas and shipyards for fuel, provisions, repairs and refitting. Fort Lauderdale is also a world center for brokers of new and used megayachts (which can cost anywhere from a few million dollars to $200 million or more) and for charters, which put you and nine friends in charge of a 150-foot yacht, water scooters and a crew of eight for, let's say, $100,000 per week. (You can sail anywhere you want, but pay for your own food, drink and fuel.) Megayachts create a wake through the local economy, sending ripples into some of its farthest corners. There is a host of marine suppliers, boatyards, contractors and specialists who serve the megayachts. Local stores sell luxury yachts sound equipment, high -end furniture, flowers, food and fine wines. And the good times should continue to roll: International luxury yacht construction is up 77.6 percent since 1977, and some shipbuilders have a two- to three-year backlog on orders. Fort Lauderdale is famous as the home of the International Boat Show and has earned international standing as a site for stocking, repairing and overhauling megayachts. "This is a tremendous niche market for us," said Frank F. Herhold, executive director of the Marine Industries Association of South Florida, a trade group that represents more than 800 marinas, repair yards, shipbuilders, dealers, distributors and suppliers of everything from air conditioning systems to zinc anodes (for retarding water corrosion on boats). "Megayachts can go anywhere they want for layovers and maintenance," he said. "But they come here because, besides the great weather, we have a worldwide reputation for repairs and provisioning." A study commissioned by the association and the Broward Alliance, a public -private organization that promotes investment in the county, focused on the impact of megayachts on Broward, Miami -Dade and Palm Beach counties. The 1998 study said that an estimated 900 megayachts visited the area annually, each spending an average of $236,000 and generating more than $500,000 in economic output, which includes boatyard expenditures, charter fees, brokerage commissions and other items. The total economic impact of these luxury boats on the tri-county area was estimated at nearly $500 million, the report said. Herhold and other marine industry executives said that the number of megayacht visits and their overall impact have increased since the report was issued. $300,000 paint job Why these huge yachts have such an impact can be better understood by looking at the Katharine, a graceful, four -deck yacht moored at Marina Mile Shipyard Inc. in Fort Lauderdale. At 132 feet, the year -old Katharine has a master stateroom and three additional staterooms for guests, an accompanying 31-foot, twin -outboard open fishing boat, two water scooters, a launch, high-tech digital navigation and ship control systems, and a crew of eight. Valued at $12 million to $15 million, the yacht is named after the wife of owner Lee Anderson, who lives in Minnesota and Naples. It charters for $85,000 a week, plus expenses. Michael Reardon, a former yacht captain trained in engineering and naval architecture, manages the Katharine, as well as 43 other megayachts for Fort Lauderdale -based Fraser Yachts. Contributions to the local economy for yachts like the Katharine begin with basic monthly expenses of about $100,000 for fuel, docking costs and crew wages, which account for the lion's share of fixed expenses. When the owner, charter parties and guests are using the vessel, expenses increase because of fuel, food, beverages, flowers and other amenities, he said. For example, a charter party of 10 and the eight -person crew mean that the chef has to cook 54 meals a day. (A South Florida megayacht charter company can generate more than $1 million per year in rentals and around $300,000 in commissions.) Since the Katharine is new, its routine maintenance and repair costs are still relatively low. But these will increase over time. Just a paint job (above the water line, exterior only) will eventually cost as much as $300,000. Painting a large boat is a labor-intensive enterprise. The vessel is hauled out of the water, and workers must take off and clean exterior fixtures, remove old paint and prepare the surface. Marine paint used for this type of job is $250 to $300 a gallon, and painters have to cover a large surface area. The Katharine is one of 18 megayachts that Marina Mile can handle. The marina is spending up to $20 million to expand, making room for 40 new megayacht slips. L. "Lee" Miller, owner and operator of the Marina Mile yard, said the megayacht business has exploded. "We're swamped," he said from his spare office as a yacht owner's dog barked furiously in the next room. Megayachts can spend about $300 per day for docking fees alone, he said. This includes dock space, drinking water, trash pickup, security, a daily newspaper and other services. While some vessels spend money only on routine items at the dock (such as food and local purchases by crew members) and may stay only a few days, others may order new furniture, minor repairs or major overhauls and can be tied up for weeks. Crew members and outside contractors are constantly working on some boats. One yacht in Marina Mile recently had several workmen covering its deck, and the decks of adjoining vessels, with plastic sheets to control windblown paint. Flowers to food Aside from scores of marinas, ship repair yards and suppliers, Broward also builds luxury vessels. Broward Yachts Inc., the state's largest megayacht builder, has 125 workers at its base in Dania and another 25 at its branch in Saugatuck, Mich., said Kit Denison, spokesman for the shipyard. "Over the last several years, we've sold an average of six megayachts per year," he said. The yard offers different megayacht options and sells 115-foot boats for around $7.5 million. For megayacht owners and crews docked in the marinas along Southeast 17th Street in Fort Lauderdale, the area is a convenient provisioning center. Adam & Eve Florists supplies flowers to yachts every day, said Daivd Tarryn-Grae, the stores head designer. "We do a lot of business with yachts. Sometimes they order $10 to $12 bud vases or $150 arrangements. Sometimes, when people have a charter, they'll ask for 12 to 15 pieces." A yacht may pay as much as $1,500 for flowers and gifts in just one day, he added. The Publix supermarket on Southeast 17th Street is one of the busiest among the 184 stores in the Miami division, said Carmen Millares, spokeswoman for the chain. One of the store's managers said it was common to see yacht crew members pushing several carts loaded with food (lots of canned items) along the aisles. Some bills reach into the thousands. What about the future? Despite a shortage of space for new marinas and shipyards in Fort Lauderdale and competition from other sites, the outlook for megayacht business is good. International yacht owners and captains continue to visit Fort Lauderdale regularly, and shipbuilders worldwide are working at full steam to keep up with demand for new luxury vessels, industry executives say. ShowBoats International, a specialized magazine based in Fort Lauderdale, says that world shipbuilders are scheduling 428 megayachts for 2001, up from 327 this year. The largest megayacht reported to be under construction is a 455-foot boat being built by Germany's Lurssen Yachts. "This is the center of the luxury yacht universe," said James Robie Gilbert, editor -in -chief of ShowBoats. "No one has infrastructure -- crew and repair facilities -- like Fort Lauderdale. It's a business where owners always have to spend money just to maintain the value of their yachts." Joseph Mann can be reached at jmann@sun-sentinel.com or at 954-356-4665. Copyright 2000, SOUTH FLORIDA SUN -SENTINEL Unauthorized reproduction prohibited. The SOUTH FLORIDA SUN -SENTINEL archives are stored on a SAVE (tm) newspaper library system from MediaStream, Inc., a Knight-Ridder Inc. company. 1 WATSON ISLAND POLICY PLAN INTRODUCTION Watson Island is an entirely man-made spoil island, located in Biscayne Bay, 86 acres in area, consisting of dredge material from Government Cut. Watson Island was originally deeded to the City of Miami by the State of Florida in 1919. The island has remained largely undeveloped for seventy years, serving primarily as open recreational space and a transportation terminal for seaplanes, helicopters, and an airship (until 1980). Additionally the island serves as home to a number of activities which serve to enhance the quality of life in the region, including a public marina and service facility, two boat clubs, a public Japanese garden, recreational fields, a small heliport, and a seaplane terminal. The future of the island will see the enhancement and addition of public facilities within the areas outlined in this policy plan and consistent with the Miami Neighborhood Comprehensive - Plan. PUBLIC PURPOSE FOR WATSON ISLAND It is the particular challenge of this plan to fashion a clear and compelling statement of public purpose for Watson Island. Public purpose must embrace a diversityjf..interests; open space, _recreation, maritime tourism, downtown, center -city neighborhoods, govemment and environmental. The ideal policy plan accommodates all of these interests with a balance that will be perceptible to the ptJ61 is in proper proportion. Finding, defining and balancing these "public purpose" interests would be for most plans, a very difficult task. For Watson Island the job has been simplified, for one unique and compelling reason: FOR EIGHTY YEARS, THE PUBLIC HAS BEEN FREE TO ADOPT AND ADAPT WATSON ISLAND TO ITS NEEDS, MUCH AS IT SEES FIT. THE PATTERNS AND PATHWAYS OF PUBLIC USE AND THE MERITS OF THOSE USES ARE WELL ESTABLISHED AND UNDERSTOOD. AS A PROVING GROUND FOR PUBLIC PURPOSE, NO BETTER PROCESS CAN BE DEVISED. IT REMAINS TO.TRACE THESE, PATHWAYS OF PUBLIC USE TO FIND THOSE WHICH LEAD TO A USEFUL FUTURE AND THOSE WHICH HAVE TURNED AND FADED. 96- 80 Watson Island's superior location and topography make it ideal for a broad range of public uses. Its proximity to this area's major population and commercial centers, to downtown Miami and it's neighborhoods, to Miami Beach, to the nation's busiest cruise ship terminal and its short distance to the airport have drawn sea and air transportation facilities to the island which additionally serves the major surface connection between mainland Miami and Miami Beach. For the same reasons, tourism and cultural facilities continue to see Watson Island as a desirable home for attractions and educational uses. Similarly, the Island's extended shoreline, large open spaces and shady vistas have encouraged passive recreational activities and more active water dependent uses including swimming and boating. Historically, these uses have flourished on the island and should enhanced and extended in keeping with the future needs of the community. PLAN OBJECTIVES Objectives for the public use and improvement of Watson Island are: • Enhance and expand public use, particularly recreation and tourism. Individual recreation, attractions and educational facilities will need to generate and serve a local client base, as well as visitors. • Attract a diversity of user groups. The broader the appeal, the greater the enterprises chance for success. • Protect and enhance desirable existing patterns of public use. • Enhance the island's natural and situational assets of views, water, and historic uses. , • Expand and improve the island's accessibility and interrelationship with the bay. • Provide a -Use Program relevant to Downtown, Miami Beach, the Port of Miami, and Miami River maritime community's needs as well as regional resident recreational needs. • Provide a public use and development program that will be economically self-sustaining. • Provide opportunities for additional attractions and educational venues on the island, bolstering both tourist destinations and locally oriented cultural and recreation facilities in the area. 96- 80 PLAN CONCEPTS PUBLIC RECREATION & EDUCATION The plan places a major emphasis on preserving the island as a resource for recreation and public gathering by enhancing the popular and valuable large central open space and the Japanese Garden and by improving traditional public activities of viewing cruise boats and swimming. Expanding the public use of the island, an additional concept, can be accomplished through a number of planned educational, cultural and outdoor recreational venues in the future. PUBLIC SAFETY Watson Island is a resource to the entire community, as such, the opportunities for the enhancement to the public safety needs of the community are numerous. The Island will serve as a staging area for public safety programs in the future, such as special needs services for the visitor community, police helicopter support services and the continuation of the current US customs and immigration services current on the island. MARINE RECREATION Increasing demands for marina and organized boating activities from a rapidly growing population of boaters plus Watson Island's attractive and accessible shoreline makes the use of particularly the north and eastern shores for marinas, clubs, and boat launching a natural activity to be enhanced. TRANSPORTAT ION SERVICES Historic use of Watson Island as a "jumping-off" point for travelers to the Bahamas, Keys, the Caribbean and, increasingly, other gold coast communities, has contributed a unique dimension to the image and function of the city. Steady and growing demand for these services 96- 80 makes it important to retain and enhance them, but in a more efficient and concentrated use of land. VISITOR AND TOURIST ATTRACTIONS The location of Watson Island encourages visitor and tourist uses. These include: seaplane and helicopter excursions cruise ship observation and visits to the Japanese Gardens. The Watson Island Policy Plan proposes to retain those uses and to encourage the addition of new facilities, particularly those which complement existing uses and enhance the island's environment. INTERPRETATION OF THE LAND USE POLICY PLAN The Land Use Plan Map is a generalized map that does not depict areas of Tess than 2 acres. Any activities and services, described in the plan, must be comfortably accommodated within the land use map designations currently in place on Watson Island. These include both recreational and commercial services, with the recreational services with the recreationally designated area and the commercial services within the commercially designated area. AU future development must be consistent with the Miami Comprehensive Neighborhood Plan under the categories of recreation and restricted commercial designations. 96- 80 to City of Miami Marina Marine Services Chalks Airtino Biscayne Bay Brown House Watson Island Policy Plan Existing Land Use Biscayne Bay . Miami Yacht ❖: �• w Club Miami Beach Recreation Biscayne Bay Biscayne Bay Recreation Watson Island Policy Plan Land Use Plan Map CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD GENERAL DESIGN CRITERIA The objective of the Urban Development Review Board focuses on the evaluation of projects based on the quality, compatibility and contribution to the architectural, urban fabric of the city. The Board's urban design criteria is intended to create an architecture that engages the public domain and human dimension rather than the private domain and auto scale. 1. All projects need to be site specific and respond to the context with emphasis on the character and scale of the community. 2. Buildings should address the street and sidewalk with entries, balconies, porches, architectural _ features, and activities which help create safe, pleasant walking environments. 3. Building intensities, orientation, and massing should promote more active commercial centers, support transit, and reinforce public space. 4. Building massing and articulation should be sensitive to the scale of the public realm. Variation and human -scale detail in architecture is strongly encouraged. 5. Parking should be placed to the rear of buildings. 6. Buildings at a residential and commercial scale should address the tropical region we live in by providing: a. The use of a dense tropical landscape to shield buildings from heat aid contribute to increasing the tree canopy in the city. b. The use of a continuous line of canopy trees along pedestrian walkways. c Wide roof overhangs. d. Porches/Open, covered outdoor areas for recreation. 7. Commercial building setbacks from public streets should be minimal. Setbacks should reflect the desired character of the area and bring buildings close to the sidewalk in order to establish continuity. 8. Commercial building facades should be varied and articulated to provide visual interest to pedestrians. Street level windows and numerous building entries should be provided. Arcades, porches, bays and balconies are strongly encouraged. In no case shall the streetside facade of a building consist of an unarticulated blank wall or an unbroken series of garage doors. 9. Primary ground -floor commercial building entrances shall orient to plazas, parks, or pedestrian - oriented streets, not to interior blocks or parking lots. Secondary entries from the interior of a block are also encouraged. Anchor tenant retail buildings may have their entries from off-street parking lots; however, on -street entries are strongly encouraged. REQUIRED FORMS INSTRUCTIONS Two sets of forms must be completed and submitted with each proposal. A checklist has been included to ensure that all forms have been completed. All forms must be submitted typed. All forms are included in both a Microsoft Word 2000 format and as an Adobe Acrobat PDF. For additional instructions on how to use the forms please see below. 1. Respondent Forms These forms must be completed by the Development Entity and have been divided into subsets according to the type of business entity responding. Please complete the Sole Proprietorship, Partnership, Joint Venture, or Corporate set of Respondent Forms according to the type of business entity responding to the RFP. Partnerships and Joint Ventures will need to additionally complete the correct business entity form for each partner. Declaration Waiver and Release Minority/Women Affidavit Sample Affirmative Action Policy Respondent Information 2. Development Team Forms These forms must be completed by each member of the Development Team. Development Team members include all architects, designers, engineers, or other consultants. 9 Minority/Women Affidavit Sample Affimiative Action Policy Team Overview References oi Microsoft Word 2000 users may save the form files from this CD-ROM to their hard drive and type responses directly into the form and submit the printed forms. Respondents who do not have Microsoft Word 2000 can print the forms from Adobe Acrobat and type responses or, if preferred, recreate the forms using other word processing software. Forms have been provided to ensure consistency in responses. If you do not have Microsoft word and would like to print the files from Adobe Acrobat click here. If you do have Microsoft Word 2000 and are using Windows click here. If you do have Microsoft Word 2000 and are on a Macintosh click here. REQUIRED FORMS — INSTRUCTIONS 1 Page 1 of Proposal Forms in "Adobe Acrobat" format Please select and print the (entire) set of respondent forms that match your business type: Sole Proprietorship Declaration Waiver and Release Minority/Women Affidavit Sample Affirmative Action Policy Respondent Information Partnership Declaration Waiver and Release Minority/Women Affidavit Sample Affimnative Action Policy Respondent Information Joint Venture Declaration Waiver and Release Minority/Women Affidavit Sample Affirmative Action Policy Respondent Information JCorporation Declaration Waiver and Release Minority/Women Affidavit Sample Affirmative Action Policy Respondent Information C` ---Developer ° References Minority/ Women Affidavit- Corporations Minority/Women Affidavit- All Others Sample Affumative Action Policy Team Overview Watson Island Request for Proposals RESPONDENT FORN1 DECLARATION Use this form for Sole Proprietors, Partnerships, and Joint Ventures. TO: Carlos A. Gimenez, City Manager City of Miami Submitted on this day of , 2001. The undersigned, as Respondent (herein used in the masculine, singular, irrespective of actual gender and number) declares that the persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Lease Agreement ("Agreement") 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, without collusion or fraud. The undersigned further declares that he has complied in every respect with the Request for Proposals requirements and instructions, 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 Agreement to which the Proposal pertains. The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will negotiate in good faith with the City in the event that the undersigned is the selected Respondent. The undersigned further acknowledges that if its Proposal is selected and the undersigned fails to execute the Agreement, the Initial Deposit shall be kept by the City as liquidated damages and not as a penalty. The undersigned understands that the Initial Deposit shall be kept by the City until a determination is made as to whether this Proposal is non -responsive or until an award is made by the City Commission to someone other than the undersigned. In the event the undersigned is selected by the City Commission, the Initial Deposit shall be kept by the City. The undersigned acknowledges that all costs related to the preparation and submission of the Proposal are the sole cost of Respondent and the undersigned understands and acknowledges that he will not be entitled to a refund or reimbursement of any costs incurred. The undersigned acknowledges that he is not in arrears or in default upon any debt or contract involving the City, a defaulter or surety otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. The Respondent states that the Proposal is based on the Request for Proposals issued by the City, dated February 2001 for the provision of planning and design, construction, leasing and management of the Northwest Quadrant of Watson Island in the City of Miami, Florida. ATTEST: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— DECLARATION Page 1 of 1 RESPONDENT [:OR\1 — WAi1'i:R AND RELEASE Use this form for Sole Proprietors, Partnerships, and Joint ventures. The undersigned Respondent understands that the City of Miami is relying on the information contained within this Proposal. The Respondent warrants that the information contained herein is accurate and that the Respondent has made all investigations adequate to satisfy Respondent about all matters related to its proposal. The undersigned Respondent grants the City the right to make any investigations regarding the Respondent, its officers, directors, partners, majority stockholders and managers, related companies, credit background, criminal background and any other areas as the City may decide. The undersigned Respondent waives confidentiality, release and holds harmless the City from any liability arising out of such investigation and waives any claims against the City in any action relating to such investigations. RESPONDENT: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM — WAIVER AND RELEASE Page 1 of 1 RF;SPONDF.NT FORib1 — v11NORII Y WOMEN BUSINESS AFFAIRS Al [DAVIT Use this form for Sole Proprietors, Partnerships, and Joint Ventures. Please Check One Box Only: n Hispanic n Female n Black n Not Applicable If business is not 51% minority/female owned, affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of 1 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS ) The foregoing instrument was acknowledged before me this day of 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 2 of 2 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 3 of 3 Watson Island Request for Proposals RESPONDENT FORM -- SAMPLE AFFIRMATIVE AC1 TON POLICY AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the (Affirmative Action Director) to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. COMPANY: NAME: TITLE: SIGNATURE: DATE: RESPONDENT FORM— SAMPLE AFFIRMATIVE ACTION POLICY Page 1 of 1 Watson Island Request for Proposals RESPONDENT FORM — SOLE PROPRII.TORSI II1' INFORREAl ION Name of Respondent: Title: Business Address: Telephone/Fax: Email: Home Address: Social Security Number: Surety Information! Has any surety or bonding company ever been required to perform upon your default? If yes, please complete the following: I YES ( (NO Surety or Bonding Company Name Date Amount of Bond Circumstances Bankruptcy Information Have you ever declared bankruptcy? If yes, please complete the following_ YES Q NO Date Court Jurisdiction Liabilities Assets Pending Litigation Provide here or on attached sheets detailed information regarding pending litigation, liens, or claims. RESPONDENT FORM— SOLE PROPRIETORSHIP INFORMATION Watson island Request for Proposals Page 1 of 1 References List four (4) persons or fines with whom business transactions have been conducted during the past three (3) years. At least three (3) of the references named must be able to provide financial references. Reference Number 1 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 2 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 3 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— SOLE PROPRIETORSHIP INFORMATION Page 2 of 2 Watson Island Request for Proposals Reference Number 4 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— SOLE PROPRIETORSHIP INFORMATION Watson Island Request for Proposals Page 3 of 3 RESPONDENT FORM — DECLARATION Use this form for Sole Proprietors, Partnerships, and Joint Ventures. TO: Carlos A. Gimenez, City Manager City of Miami Submitted on this day of , 2001. The undersigned, as Respondent (herein used in the masculine, singular, irrespective of actual gender and number) declares that the persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Lease Agreement ("Agreement") 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, without collusion or fraud. The undersigned further declares that he has complied in every respect with the Request for Proposals requirements and instructions, 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 Agreement to which the Proposal pertains. The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will negotiate in good faith with the City in the event that the undersigned is the selected Respondent. The undersigned further acknowledges that if its Proposal is selected and the undersigned fails to execute the Agreement, the Initial Deposit shall be kept by the City as liquidated damages and not as a penalty. The undersigned understands that the Initial Deposit shall be kept by the City until a determination is made as to whether this Proposal is non -responsive or until an award is made by the City Commission to someone other than the undersigned. In the event the undersigned is selected by the City Commission, the Initial Deposit shall be kept by the City. The undersigned acknowledges that all costs related to the preparation and submission of the Proposal are the sole cost of Respondent and the undersigned understands and acknowledges that he will not be entitled to a refund or reimbursement of any costs incurred. The undersigned acknowledges that he is not in arrears or in default upon any debt or contract involving the City, a defaulter or surety otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. The Respondent states that the Proposal is based on the Request for Proposals issued by the City, dated February 2001 for the provision of planning and design, construction, leasing and management of the Northwest Quadrant of Watson Island in the City of Miami, Florida. ATTEST: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) COUNTY OF ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— DECLARATION Page 1 of 1 Watson Island Request for Proposals RESPONDENT }-OR\1 — WAIVER AND RELEASE Use this form for Sole Proprietors, Partnerships, and Joint ventures. The undersigned Respondent understands that the City of Miami is relying on the information contained within this Proposal. The Respondent warrants that the information contained herein is accurate and that the Respondent has made all investigations adequate to satisfy Respondent about all matters related to its proposal. The undersigned Respondent grants the City the right to make any investigations regarding the Respondent, its officers, directors, partners, majority stockholders and managers, related companies, credit background, criminal background and any other areas as the City may decide. The undersigned Respondent waives confidentiality, release and holds harmless the City from any liability arising out of such investigation and waives any claims against the City in any action relating to such investigations. RESPONDENT: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) COUNTY OF ) SS The foregoing instrument was acknowledged before me this day of 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM — WAIVER AND RELEASE Page 1 of I RESPONDENT FORM MINORITY WONIEN BUSINESS AFFAIRS AFFIDAVIT Use this form for Sole Proprietors, Partnerships, and Joint Ventures. Please Check One Box Only: rn Hispanic 0 Female n Black n Not Applicable If business is not 51% minority/female owned, affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of 1 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM — MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 2 of 2 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 3 of 3 Watson Island Request for Proposals RESPONDENT FORM - SANIPLF. AFF[RNIATIVL ACTION POLICY AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the (Affu-mative Action Director) to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. COMPANY: NAME: TITLE: SIGNATURE: DATE: RESPONDENT FORM — SAMPLE AFFIRMATIVE ACTION POLICY Page 1 of 1 Watson Island Request for Proposals RESPONDENT FORA — P:ARTNERS'IIP INFORMATION Partnership respondents must complete this form as well as one (1) Respondent Information form for each partner. Name of Respondent: Federal Employers Identification: Principal Office Address: Name of Contact for Respondent: Title: Address (if different from Principal): Telephone/Fax: Email: Partner 1 Company Name: Percent of Ownership: Partner 2 Company Name: Percent of Ownership: Partner 3 Company Name: Percent of Ownership: Partner 4 Company Name: Percent of Ownership: RESPONDENT FORM — PARTNERSHIP INFORMATION Page 1 of 1 Watson Island Request for Proposals If Partnership was created prior to this proposal, please complete the following for the partnership and the individual partners: Surety Information Has any surety or bonding company ever been required to perform upon the partnership's default? El YES El NO If yes, please complete the following: Surety or Bonding Company Name Date Amount of Bond Circumstances Bankruptcy Information Has company or any of the partners ever declared bankruptcy? If yes, please complete the following: AYES QNO Date Court Jurisdiction Liabilities Assets Pending Litigation Provide here or on attached sheets detailed information regarding pending litigation, liens, or claims. References List four (4) persons or firms with whom business transactions have been conducted during the past three (3) years. At least three (3) of the references named must be able to provide financial references. Reference Number I Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— PARTNERSHIP INFORMATION Watson Island Request for Proposals Page 2 of 2 Reference Number 2 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 3 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 4 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— PARTNERSHIP INFORMATION Watson Island Request for Proposals Page 3 of 3 RESPONDENT I ORNI DECLARATION Use this form for Sole Proprietors, Partnerships, and Joint Ventures. TO: Carlos A. Gimenez, City Manager City of Miami Submitted on this day of , 2001. The undersigned, as Respondent (herein used in the masculine, singular, irrespective of actual gender and number) declares that the persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Lease Agreement ("Agreement") 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, without collusion or fraud. The undersigned further declares that he has complied in every respect with the Request for Proposals requirements and instructions, 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 Agreement to which the Proposal pertains. The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will negotiate in good faith with the City in the event that the undersigned is the selected Respondent. The undersigned further acknowledges that if its Proposal is selected and the undersigned fails to execute the Agreement, the Initial Deposit shall be kept by the City as liquidated damages and not as a penalty. The undersigned understands that the Initial Deposit shall be kept by the City until a determination is made as to whether this Proposal is non -responsive or until an award is made by the City Commission to someone other than the undersigned. In the event the undersigned is selected by the City Commission, the Initial Deposit shall be kept by the City. The undersigned acknowledges that all costs related to the preparation and submission of the Proposal are the sole cost of Respondent and the undersigned understands and acknowledges that he will not be entitled to a refund or reimbursement of any costs incurred. The undersigned acknowledges that he is not in arrears or in default upon any debt or contract involving the City, a defaulter or surety otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. The Respondent states that the Proposal is based on the Request for Proposals issued by the City, dated February 2001 for the provision of planning and design, construction, leasing and management of the Northwest Quadrant of Watson Island in the City of Miami, Florida. ATTEST: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— DECLARATION Page 1 of I Watson Island Request for Proposals RESPONDENT 1=O10.1 WAIVER AND RE-.1 EASE Use this form for Sole Proprietors, Partnerships, and Joint ventures. The undersigned Respondent understands that the City of Miami is relying on the information contained within this Proposal. The Respondent warrants that the information contained herein is accurate and that the Respondent has made all investigations adequate to satisfy Respondent about all matters related to its proposal. The undersigned Respondent grants the City the right to make any investigations regarding the Respondent, its officers, directors, partners, majority stockholders and managers, related companies, credit background, criminal background and any other areas as the City may decide. The undersigned Respondent waives confidentiality, release and holds harmless the City from any liability arising out of such investigation and waives any claims against the City in any action relating to such investigations. RESPONDENT: By: (INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE) Signature Print Name & Title Date STATE OF FLORIDA) COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— WAIVER AND RELEASE Page 1 of 1 RESI'ONDI:NT FOR\1 - N11NORITYAVO\11;N I31,ISINESS tAFI AIRS AFFIDAVIT Use this form for Sole Proprietors, Partnerships, and Joint Ventures. Please Check One Box Only: Hispanic ] Female n Black n Not Applicable If business is not 51% minority/female owned, affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered List of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of I Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS ) The foregoing instrument was acknowledged before me this day of 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. ATTEST: By: STATE OF FLORIDA) Print Name & Title Date COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM — MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 2 of 2 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 3 of 3 Watson Island Request for Proposals RESPONDENT FORA] — SAMPLE :A1'FIR\1ATIVE ACTION POL IC N AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: I. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the (Affirmative Action Director) to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. COMPANY: NAME: TTTLE: SIGNATURE: DATE: RESPONDENT FORM — SAMPLE AFFIRMATIVE ACTION POLICY Page 1 of 1 Watson Island Request for Proposals RF;SPONl)ENT FOR K1—JOINI V I-:NTURE INFORM ATION Joint Venture respondents must complete this form as well as one (1) Respondent Information form for each business partner. Name of Respondent: Form of Organization: Federal Employers Identification: Principal Office Address: Name of Contact for Respondent: Title: Address (if different from Principal): Telephone/Fax: Email: Partner 1 Type of Partner: Percent of Ownership: Company Name: Partner 2 Type of Partner: Percent of Ownership: Company Name: Partner 3 Type of Partner: Percent of Ownership: Company Name: RESPONDENT FORM — JOINT VENTURE INFORMATION Page 1 of 1 Watson Island Request for Proposals Partner 4 Type of Partner: Percent of Ownership: Company Name: If Joint Venture was created prior to this proposal, please complete the following for all joint venture partners: Surety Information Has any surety or bonding company ever been required to perform upon the company's default? n YES n NO If yes, please complete the following: Surety or Bonding Company Name Date Amount of Bond Circumstances Bankruptcy Information Has joint venture or partners ever declared bankruptcy? If yes, please complete the following: YES 0 NO Date Court Jurisdiction Liabilities Assets pending Litigation Provide here or on attached sheets detailed information regarding pending litigation, liens, or claims. RESPONDENT FORM — JOINT VENTURE INFORMATION Page 2 of 2 Watson Island Request for Proposals References List four (4) persons or firms with whom business transactions have been conducted during the past three (3) years. At least three (3) of the references named must be able to provide financial references. Reference Number 1 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 2 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 3 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— JOINT VENTURE INFORMATION Page 3 of 3 Watson Island Request for Proposals Reference Number 4 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: ATTACH COPY OF (1) JOINT VENTURE AGREEMENT, (2) CERTIFICATE EVIDENCING COMPLIANCE WITH THE FLORIDA FICTITIOUS NAME STATUTES, IF APPLICABLE AND RESPONDENT FORM— JOINT VENTURE INFORMATION Page 4 of 4 Watson Island Request for Proposals RESPONDENT FORM — DECLARATION Use this form for Corporations. TO: Carlos A. Gimenez, City Manager City of Miami Submitted on this day of , 2001. The undersigned, as Respondent (herein used in the masculine, singular, irrespective of actual gender and number) declares that the persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Lease Agreement ("Agreement") 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, without collusion or fraud. The undersigned further declares that he has complied in every respect wiih the Request for Proposals requirements and instructions, 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 Agreement to which the Proposal pertains. The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will negotiate in good faith with the City in the event that the undersigned is the selected Respondent. The undersigned further acknowledges that if its Proposal is selected and the undersigned fails to execute the Agreement, the Initial Deposit shall be kept by the City as liquidated damages and not as a penalty. The undersigned understands that the Initial Deposit shall be kept by the City until a determination is made as to whether this Proposal is non -responsive or until an award is made by the City Commission to someone other than the undersigned. In the event the undersigned is selected by the City Commission, the Initial Deposit shall be kept by the City. The undersigned acknowledges that all costs related to the preparation and submission of the Proposal are the sole cost of Respondent and the undersigned understands and acknowledges that he will not be entitled to a refund or reimbursement of any costs incurred. The undersigned acknowledges that he is not in arrears or in default upon any debt or contract involving the City, a defaulter or surety otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. The Respondent states that the Proposal is based on the Request for Proposals issued by the City, dated February 2001 for the provision of planning and design, construction, leasing and management of the Northwest Quadrant of Watson Island in the City of Miami, Florida. ATTEST: (CORPORATION) By: STATE OF FLORIDA) Signature Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of 2001 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of corporation. He/she is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— DECLARATION Page 1 of I Watson Island Request for Proposals RESPONDENT FC)RR1 WAIVER AND RELEASE Use this form for Corporations. The undersigned Respondent understands that the City of Miami is relying on the information contained within this Proposal. The Respondent warrants that the information contained herein is accurate and that the Respondent has made all investigations adequate to satisfy Respondent about all matters related to its proposal. The undersigned Respondent grants the City the right to make any investigations regarding the Respondent, its officers, directors, partners, majority stockholders and managers, related companies, credit background, criminal background and any other areas as the City may decide. The undersigned Respondent waives confidentiality, release and holds harmless the City from any liability arising out of such investigation and waives any claims against the City in any action relating to such investigations. ATTEST: By: (CORPORATION) Signature Print Name & Title Date STATE OF FLORIDA) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of corporation. He/she is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. RESPONDENT FORM— WAIVER AND RELEASE Page 1 of 1 Watson Island Request for Proposals DEVELOPMENT l LAN1 FORNI - MINORITY. WOMEN BUSINESS AI FAIRS AFFIDAVIT Use this form for Corporations. Please Check One Box Only: (1 Hispanic n Female Black n Not Applicable If business is not 51% minority/female owned, affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of corporation. He/she is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. DEVELOPMENT TEAM FORM — Iv tINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of l Watson Island Request for Proposals RESPONDENT FORM - SAMPLE AFFIRMATIVE -\(' 1lCNv POLICY AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the (Affirmative Action Director) to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. COMPANY: NAME: TITLE: SIGNATURE: DATE: RESPONDENT FORM — SAMPLE AFFIRMATIVE ACTION POLICY Page 1 of 1 Watson Island Request for Proposals RESPONDENT EOR\1 - CORPORATION INFORMATION The Respondent, if a corporation, must be authorized to do business in the State of Florida, and must be incorporated under the laws of one of the states of the United States. Name of Respondent: Federal Employer Identification: Principal Office Address: Name of Contact for Respondent: Title: Address (if different from Principal): Telephone/Fax: Email: Date of Incorporation: In What State: If foreign, date of registration with Florida Secretary of State: Name and address of Florida registered Office/Agent: If Publicly held, where is the stock traded? If a Subsidiary, what is the Parent Company? Names of all officers of corporation: President Vice President Treasurer Secretary RESPONDENT FORM — CORPORATION INFORMATION Page 1 of 1 Watson Island Request for Proposals For publicly traded corporations, please provide the full name and address of each stockholder who holds (directly or indirectly) five percent (5%) or more of the corporation's stock. Stockholder Name Stockholder Address % of Ownership For publicly traded corporations, please provide the following information: Authorized Issued Outstanding Number of voting shares Number of nonvoting shares Number of shareholders Value per share of common stock - Book Market If Corporation was created prior to this proposal, please provide the following for the Corporation, the shareholders listed here and its officials. Surety Information Has any surety or bonding company ever been required to perform upon company's default? If yes, please complete the following: YES 0 NO Surety or Bonding Company Name Date Amount of Bond Circumstances Bankruptcy Information Has company ever declared bankruptcy? If yes, please complete the following: YES NO Date Court Jurisdiction Liabilities Assets Pendine Litigation Provide here or on attached sheets detailed information regarding pending litigation, liens, or claims. RESPONDENT FORM— CORPORATION INFORMATION Watson Island Request for Proposals Page 2 of 2 References List four (4) persons or firms with whom business transactions have been conducted during the past three (3) years. At least three (3) of the references named must be able to provide financial references. Reference Number 1 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 2 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 3 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: RESPONDENT FORM— CORPORATION INFORMATION Page 3 of 3 Watson island Request for Proposals Reference Number 4 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: ATTACH COPY OF (1) CORPORATE CHARTER, (2) (3) (4) (5) CURRENT CERTIFICATE OF CORPORATE GOOD STANDING PROOF OF REGISTRATION WITH FLORIDA SECRETARY OF STATE CERTIFICATE EVIDENCING COMPLIANCE WITH THE FLORIDA FICTITIOUS NAME STATUTES, IF APPLICABLE AND A COMPLETE LIST OF OFFICERS AND DIRECTORS RESPONDENT FORM— CORPORATION INFORMATION Page 4 of 4 Watson Island Request for Proposals DEVELOPMENT TEANI FORM — REFERENCE'S Development Team Member: References List four (4) persons or firms with whom business transactions have been conducted during the past three (3) years. At least three (3) of the references named must be able to provide financial references. Reference Number 1 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 2 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: Reference Number 3 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: DEVELOPMENT TEAM FORM — REFERENCES Page 1 of 1 Watson Island Request for Proposals DIATLOPMENT "! IA11 I ORM1 — RI Fk-.RENCI S Reference Number 4 Name: Title: Business: Address: Telephone/Fax: Nature and magnitude of business association: DEVELOPMENT TEAM FORM — REFERENCES Page 2 of 2 Watson Island Request for Proposals DEN.,,ELOPMENT 1 F.A\1 FORAM — M[NORITy.,w )M1 N l31 SINFSS :AFFAIRS Use this form for Corporations. Please Check One Box Only: n Hispanic Ti Female n Black n Not Applicable If business is not 51 % minority/female owned, affidavit does not apply. If not applicable, notarization is not required. 1 (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. 1 (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of corporation. He/she is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. DEVELOPMENT TEAM FORM—MINORI7Y/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of I Watson Island Request for Proposals DI;VI:I.0I'%l1A ILA\1 FOR'\I - \11NORITY.WO\11:N I3l'SINFSS AFF:AIRS;AFFII);AVIT Use this form for Sole Proprietors, Partnerships, and Joint Ventures. Please Check One Box Only: El Hispanic n Female n Black n Not Applicable If business is not 51% minority/female owned, affidavit does not apply. If not applicable, notarization is not required. I (We), the undersigned agree to the following conditions: 1) that we have read Section 18-136, et. Seq. of the City of Miami Code and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Response/application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master vendor's list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. 1 (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Section 18-136, et. Seq. of the City of Miami Code. This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. ATTEST: By: STATE OF FLORIDA) Print Name & Title Date COUNTY OF ) SS The foregoing instrument was acknowledged before me this day of 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. DEVELOPMENT TEAM FORM — MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 1 of 1 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title Date COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. ATTEST: By: STATE OF FLORIDA) Print Name & Title Date COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. DEVELOPMENT TEAM FORM — MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 2 of 2 Watson Island Request for Proposals ATTEST: By: STATE OF FLORIDA) Print Name & Title COUNTY OF Date ) SS The foregoing instrument was acknowledged before me this day of , 2001 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Print Name Commission No. DEVELOPMENT TEAM FORM — MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Page 3 of 3 Watson Island Request for Proposals DEVELOPMEN I TEAM FORMS SAMPLE AFFIRMATIVE ACTION POLICY AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. One of the management duties of all principals at (Company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the (Affirmative Action Director) to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. COMPANY: NAME: TITLE: SIGNATURE: DATE: DEVELOPMENT TEAM FORM — SAMPLE AFFIRMATIVE ACTION POLICY Page 1 of I Watson Island Request for Proposals 1)1 \ I-LUI'\11 N I "1 F\\I 1OR\1 IL;A\I OA 1 R\ll \\ Provide the type of firm, names, addresses, telephone and email addresses, and fax numbers of the Development Team consultants. Duplicate form as needed. Name of Respondent: Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax Consultant: Company Contact Address Telephone Email Fax DEVELOPMENT TEAM FORM —TEAM OVERVIEW Watson Island Request for Proposals Page 1 of 1 - - 1' - ^ - - --- _ - - - - \-rrryrIrc7Tnia=1= MAPS 1/24/01 1D:26 Page 3 EXISTING CONDITIONS NVId 311S 2131SVW T *Bed MOT TO/4L/T SdYH \Ito s 1124101 10:26 ?age 2 ZONING DOUai-As CITY OF MIAMI FLOOD ZONES N VENETIAN DR MicARTHUR GEWY Source: Information Technology Dept. January 22, 2001 WATSON ISLAND 4 a84d WY 9Z'6 TO/T/4Z SdYW MAPS 24/1/01 9:27 AM Page 5 Property Survey Instructions The December 2000 Property Survey prepared by Weinder Surveying and Mapping P.A, Is only available as an AutoCAD file. You will need a software program capable of viewing AutoCAD files to view the report. tf you have the required software please dick the appropriate link below to save the files to your hard drive, and then open them using your software. Property Survey (Windows) Property Survey (Mac) iiti1►►1, - - - _ - -V - _ - - ___ - _ - f - - - - I- - _J. - The Performing Arts Center of Greater Miami's Concert Hall Bayshore Drive side view showing its asymmetrical ascending levels, glass curtain wall and exterior glass stairwell. The Center is designed by Cesar Pell' & Associates Inc., Architects. © KMCA & PACF The Performing Arts Center of Greater Miami complex with the Concert Hall main entrance on the left, the renovated Art Deco Tower, the Studio Theatre in the foreground and the Ballet Opera House on the right. The Center is designed by Cesar Pelli & Associates Inc., Architects. © KMCA & PACF - -^ - - - - - - - - R. -.1 S PlLLlS CAN D E L.- DM J M - - .. RA T^" r .' • t *" 4 � S P IL 1 IS CANDELA DM JM PARROT JUNGLE 4 art4 ••••• KOROGLU Ass,..:LATE,,ARcum,x,rs.. LICENSE0 AN-0301 740 3 PARROT JUNGLE id rialtdc irefier4rioe • 41-411r-*'. 467 -0-46-1k- KOROGLU ASS0CLATI...„'S-Mt( .:1.11TEC'ES.1 LICENSE" ik/k-000 I '740 CHARTER [See. 27-1. Reserved.] Sec. 27-J. Discounts if taxes paid before cer- tain time.. Note -The discount rates formerly set out in this section no longer apply; for present rates, see F.S. § 197.162. The user's attention is also directedto the editor's note to § 27-B of this charter. Sec. 27-K. When taxes become delinquent; interest rates on delinquent taxes. Note -The user's attention is directed 00 the ediOOr's note 00 § 27-B of this charter. Sec. 27-L. Tax certificates; interest rate thereon. Note -The user's attention is directed w the ediwr's n— w § 27-B of this charter. Sec. 28. Chief procurement officer. (a) The city manager shall appoint a chief procurement officer who shall supervise all pur- chases for the city in the manner provided by ordinance and who shall, under such procure- ment methods as may be prescribed by ordinance, supervise sales of all real and personal property of the city not needed for public use or that may have become unsuitable for use. The chief pro- curement officer shall have charge of such store- rooms and warehouses of the city as the commis- sion may by ordinance provide. Before any purchase or sale, the chief procurement officer shall require that all prescribed procurement procedures be followed. Supplies shall not be furnished to any department unless there be to the credit of such department an available appropriation balance in excess of all unpaid obligation sufficient to pay for such supplies. (b) No contract for furnishing supplies or ser- vices for the city, except as otherwise provided in this charter, shall be made for a period of more than one year. (c) The chief procurement officer shall see to it that ail persons seeking to do business with the city not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, sex, national origin, handi- cap, or marital status; and that they take affir- § 29-A mative action to ensure that applicants are ern- ployed and that employees are treated during employment without regard to their age, race, creed, color, religion, sex, national origin, handi- cap, or marital status. (d) The chief procurement officer shall be re- sponsible for developing such minority procure- ment program as may be prescribed by ordinance and permitted by law. Sec. 29-A. Contracts for personal property, public works or improvements, unified development projects, and real property; safeguards. (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 four thousand five hundred dollars ($4,500.00) shall be awarded by the commission to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance; provided, however, that if the amount of a bid or proposal submitted by a vendor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of the lowest other responsible bidder or proposer, such local vendor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competi- tive sealed bidding is not practicable or not ad- vantageous to the city, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When competitive sealed bidding meth- ods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. All con- tracts for personal property in excess of four thousand five hundred dollars (S4,500.00) shall be signed by the city manager or his designee after approval thereof by the commission. This CHT:31 jMIA CHARTER AND RELATED LAWS section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the commission. There shall be a separate accounting as to each work or improve- ment. Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the city manager shall submit to the commission a description of the anticipated scope of work and related cost estimates. All contracts for more than ten thousand dollars (S10,000.00), which shall include contracts under which im- provements valued in excess of SI 0,000 are to be constructed for the city, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance; provided, how- ever, that if the amount of a bid or proposal submitted by a contractor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of the lowest other respon- sible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding that a valid emergency exists or that there is only one (1) reasonable source of supply, which finding must be ratified by an affirmative vote of two- thirds of the commission after a properly adver- tised 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 improve- ments shall be signed by the city manager or his designee after approval thereof by the commis - sion. When it becomes necessary in the opinion of the city manager to make alterations or modifications in a contract for any public work or improvement, such alterations or modifications shall be made CHT:32 only when authorized by the commission upon the written recommendation of the city manager. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contrac- tor and the city manager prior to such authoriza- tion by the commission. (c) Uni(Led development projects. A unified de- velopment project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the develop- ment of improvements, and as to which the corn- mission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (I) 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 (4) 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 pack- age, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses the city is seeking for the unified develop- ment project and the estimated allocations of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to the unified development project; (2) the specific evaluation criteria to be used by the below -mentioned certified public ac- counting firm; CHARTER § 29-A (3) the specific evaluation criteria to be used by the below -mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (5) the definitions of the terms "substantial increase" and "material akeration" that will apply to the project pursuant to sub- section (eX4) hereof; and (6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e)(4), below. After public notice there shall be a public hearing at which the commission shall consider: (1) the contents of the request for proposals for the subject unified development project; (2) the selection of a certified public account- ing firm, which shall include at least one member with previous experience in the type of development in question; and (3) the recommendations of the city manager for the appointment of persons to serve on the review committee. Said review commit- tee shall consist of an appropriate number of city officials or employees and an equal 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 com- mission shall atthorize 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. The procedure for the selection of an integrated package proposals 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 re- port of its findings to the city manager. (2) the review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained n 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. (3) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the afore- mentioned 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 the city manager recommends rejection of all proposals, the city manager shall state in writing the reasons for such recommendation. In transmitting his recommendation or re- commendations to the commission,- the city manager shall include the written reports, including any minority opinions, rendered to by the aforementioned certified accounting firm and review committee. (4) 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 CHT: 33 § 29-A CHARTER AND RELATED LAWS (2) accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts for unified development projects shall be signed by the city manager thereof e commiss .•.�•..,.. .aa,•_ . ,a, o , ..n....a, ,..,... The provisions of this charter section shall supersede any other charter or code provision to the contrary. (d) Sales and leases of real property; prohibition. Except as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest, including any leasehold, in real property owned by the city, the department of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the public to compete for said real property or interest. Any such sale, conveyance, or disposition 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 imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the transferee of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of directors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposi- tion to the highest responsible bidder by means of the following procedure: the city manager, the director of the off-street parking authority, or the director of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When the requirement of sale, convey- ance, or disposition to the highest responsible bidder is waived, other procurement methods 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 invitations 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 or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. CHT: 34 (e) Safeguards. (1) All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. (2) All persons contracting with the city under this section shall be obligated to pay which- ever is the greater of the following: (i) all applicable ad valorem taxes that are lawfully assessed against the property involved or (ii) 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. (3) Any proposal by a potential bidder or con- tractor that contemplates more than the estimated extent of the city's proposed commitment of funds, property, or services shall be ineligible for acceptance by the city commission. Pnor to such public hearing, the com• mission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the CHARTER § 29-C project, concerning the advisability of exercising that right. (Char. Amend. No.3, I 1-6- 79; Ord. No.9507 , § 1, 10-28-82/11- 2-82; Res. No.86-656, § 2.a, 7-24- 86/11-4- 86; Res. No.87-678, § 2(a), 7-9-87/11-3-87) Editor's note -Ord. No.9489, adopted by the commission on Sept. 17, 1982, set forth Charter Amendment No.l for approval'rejection at election on Nov. 2, 1982. On Oct. 28, 1982, Ord. No.9507 amended the language of subsections (a) and (c) of § 53 as proposed by Ord. N 0.9489. The election was to approve the language of Charter Amendment No. l, as amended by Ord. N 0.9507. Subsequently, in light of Charter Amendment No.2 of Nov. 3,'1987, the city attorney dir— the codifier to delete paragraph (ii) of subsection (d) as: superseded by § 29-B. Case law reference -For case decided prior to enactment by Charter Amendment N 0. 3 of 1979 of a competitive -bidding requirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d 926. Said case held that competitive bidding is not required to lease city real estate. Material variance between plans bid upon and plans sub- mitted and adopted renders contract void, Glatstein v. City of Miami, 399 So. 2d 1005. Sec. 29-8. City -owned property sale or lease - Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned property implementing city -assisted housing pro- grams or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Housing Act of 1972, as those statutes may be amended or revised from time to time, implementing city -assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Redevelopment Act of 1969, and implementing projects of any governmental agency or instrumentality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or Supp. No.5, Add. lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. As a further exception to the above requirements and any other requirement for competitive bidding procedures to be used in the disposition of city - owned property or any interest therein, the city commission is authorized to waive all such dispo- sition requirements where the intended use of such property or interest therein is in furtherance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or individual so In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Res. No.87-678, § 2(a), 7-9-87/11-3-87) Sec. 29-C. Same -Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy or use of the area known as Watson Island unless (1) there shall have been, prior to the date of the city commission IS consideration of such sale, lease, management agreement, revocable permit or license agreement, an advertisement soliciting proposals for said sale, lease, management agreement, revocable permit, or license agreement published in a daily newspaper CHT: 35 CHARTER § 29-C project, concerning the advisability of exercising that right. (Char. Amend. No.3, 11-6- 79; Ord. No.9507 , § 1, 10-28-82/11- 2-82; Res. No.86-656, § 2.a, 7.24- 86/11-4- 86; Res. No.87-678, § 2(a), 7-9-87/11-3-87) Editor's note -Ord. No.9489, adopted by the commission on Sept. 17, 1982, set forth Charter Amendment No.1 for approval'rejection at election on Nov. 2, 1982. On Oct. 28, 1982, Ord. No.9507 amended the language of subsections (a) and (c) of § 53 as proposed by Ord. N 0.9489. The election was to approve the language of Charter Amendment No.1, as amended by Ord. N 0.9507. Subsequently, in light of Charter Amendment No.2 of Nov. 3,'1987, the city attorney dir— the codifier to delete paragraph (ii) of subsection (d) as: superseded by § 29-B. Case law reference -For case decided prior to enactment by Charter Amendment N 0. 3 of 1979 of a competitive -bidding requirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d 926. Said case held that competitive bidding is not required to lease city real estate. Material variance between plans bid upon and plans sub- mitted and adopted renders contract void, Glatstein v. City of Miami, 399 So. 2d 1005. Sec. 29-8. City -owned property sale or lease - Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned property implementing city -assisted housing pro- grams or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Housing Act of 1972, as those statutes may be amended or revised from time to time, implementing city -assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Redevelopment Act of 1969, and implementing projects of any govemmental agency or instrumentality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (1/4) page and the headline in the advertisement to be in a type no smaller than 18-point and, (b) there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. As a further exception to the above requirements and any other requirement for competitive bidding procedures to be used in the disposition of city - owned property or any interest therein, the city commission is authorized to waive all such dispo- sition requirements where the intended use of such property or interest therein is in furtherance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or individual so In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Res. No.87-678, § 2(a), 7-9-87/11-3-87) Sec. 29-C. Same -Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy or use of the area known as Watson Island unless (1) there shall have been, prior to the date of the city commission IS consideration of such sale, lease, management agreement, revocable permit or license agreement, an advertisement soliciting proposals for said sale, lease, management agreement, revocable permit, or license agreement published in a daily newspaper Supp. No.5, Add. CHT: 35 § 29-C MIAMI CODE If of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall effect [affect} the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. (Res. No.87-677 , § 2(a), 7-9-87/11-3-87) Sec. 29-D. City -owned waterfront property; leases with nonprofit organiza- tions; authorization to waive com- petitive bidding and referendum requirements; terms of lease. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, the city commission is authorized to waive all competitive bidding and referendum require- ments when entering into a lease or extending an existing lease with a nonprofit, noncommercial, water -dependent organization which provides or seeks to provide marine -recreational services and/or activities to the community at any city owned waterfront property, provided all of the following conditions are met: (A) The terms of the lease allow reasonable public access to the water and reasonable public use of the property, and complies Supp. No.S, Add with all waterfront setback and view- corridor requirements set forth in the Charter and Code; (B) The use is authorized under the then existing master plan of the city; (C) The terms of the lease require that the property be used for public purposes only; (D) The terms of the lease result in a fair retum to the city based on two (2) independent appraisals; and (E) The terms of the lease comply with all requirements pertaining to membership prescribed by ordinance for organizations using city facilities. (Res. No.93-485, § 2, 7-22-93) Sec. 30. Local improvements. (a) Definitions; divisions into classes. In this section the following words and phrases shall have the following meanings, unless some other meaning is plainly intended: The main divisions of this section are some- times herein termed paragraphs, and the divisions of paragraphs are sometimes herein termed subparagraphs . A local improvement is an improvement de- fined by this section and made under the provisions thereof. The word commission shall be deemed to refer to the city commission of the City of Miami. A highway is a public way such as a street, boulevard, avenue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway. A storm sewer is a conduit above or below ground for the passage of storm water, including a pumping station and outlet where deemed necessary; it may also include the building of culverts over streams or enclosing of streams where necessary or advisable to carry off storm water. A sanitary sewer is an underground conduit for the passage of sewage and may include a pumping station and outlet where necessary. CHT: 36 a 401 MIAMI, FLORIDA Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Exception. Offstreet Parking Requirements: Offstreet parking required only to the extent that specific findings are made that there is no negative impact to surrounding areas by Special Exception only. Sign Regulations: Only identification and directional signs by Class II Special Permit. PR Parks, Recreation and Open Space. Intent and Scale: The parks, recreation and open space district only allows for public and private parks, recreational facilities, educational and cultural facilities, marine and marina facilities, entertainment facilities, social and health related service facilities, public safety, and City of Miami administrative facilities, including authorities and agencies thereof, parkways and scenic corridors. Intensity: Tv the scale of the population served by the facilities. Permitted Principal Uses: Public or private parks, open space and recreational facilities including existing marinas. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: 1. Living quarters for passengers and crews aboard commercial, official or scientific vessels and living quarters for watchmen, caretakers or employees whose work requires such quarters on the premises. 2. In existing recreational marinas, such facilities as boat docks, slips, piers, wharves, anchorages; and moorages for commercial, official and scientific vessels and private pleasure craft; boat rental and charters; occupancy of commercial, official and scientific vessels and private pleasure craft as living quarters is (are) also allowed. Conditional Principal Uses: 1. Major structures such as performing arts centers, museums, art galleries, and exhibition space which change the character of an existing park, City of Miami administrative offices (including authorities and agencies thereof) and/or conference facilities in excess of three thousand (3,000) square feet in net floor area or in excess Stipp. No. 4 96 1 ZONING § 401 of ten (10) percent of the net area of the park, and other activities which further municipal purposes as determined by the city commission, all after making findings that the intent of the district is adhered to, by Major Use Special Permit only. 2. Supporting social and entertainment services (such as restaurants, cafes, and retailing) public health (clinics and daycare centers) and public safety (police facilities), marine and marina facilities and other entertainment facilities may also be allowed, provided that such activities and facilities are an integral part of the park's design or of the recreational function, all by Special Exception with city commission approval only. 3. City of Miami administrative offices, including authorities and agencies thereof, and conference activities not exceeding three thousand (3,000) square feet in net floor area or ten (10) percent of the net area of the park, whichever is less, by Special Exception with city commission approval only. 4. Camping facilities by Special Exception with city commission approval only; said Special Exception may be waived by the director of the planning, building and zoning department if the proposed camping facility was the result of a "Request for Proposals" (RFP) or "Unified Development Proposal" (UDP) process in which public hearings were conducted with referrals and input from appropriate departments and/or agencies; however, any modifications to such camping facilities, after approval by RFP or UDP process, shall be permitted by Special Exception only with city commission approval. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Fishing piers shall be permitted only by Class I Special Permit. 2. Repair or servicing of boats, marine motors or marine accessories or equipment other than when boats remain in the water shall be permitted only by Class I1 Special Permit. Major repair work on the hull shall not be permitted in this district. 3. Sea plane base; dirigible base and helistops by Special Exception with city commis- sion approval only, and subject to limitations in section 933. 4. Retail specialty shops including retail sales of boating, fishing, diving and swimming supplies and equipment by special exception within existing waterfront specialty retail centers within existing parks, with outside display and sales of boats only by special exception approved by the city commission. 5. Marinas, boat docks, slips, piers, wharves, anchorages, and moorages for private pleasure craft by Special Exception only; provisions for occupancy of commercial, official(,] scientific and private pleasure craft as living quarters may be specified in the grant of special exception. 6. Boat rentals and charters by Special Exception only. Supp. No. 4 97 $ 401 MIAMI, FLORIDA 7. Aluminum recycling machine, by CIass I Special Permit and subject to the require- ments and limitations of section 940. Of street Parking Requirements: One (1) space per employee plus one (1) space per five hundred (500) square feet of gross floor area of building space. Sign Regulations: Only name of facility and directional signs by Class I Special Permit. R-1 Single -Family Residential. Intent and Scale: Areas designated as single-family residential allow single-family structures with a density of up to one (1) unit per typical lot size. The typical lot size has a minimum dimension of fifty (50) feet of frontage by one hundred (100) feet of depth, except in specifically designated SD-18 areas. This category allows a maximum density of approximately nine (9) units per net acre. Allowed within this district, and subject to specific limitations, are supporting services such as places of worship, primary and secondary schools, daycare and community based residential facilities. Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - twenty (20) feet; side - five (5) feet; rear - twenty (20) feet for principal use structures and ten (10) for accessory use structures. Minimum lot width: Fifty (50) feet. Height: Maximum of twenty-five (25) feet from flood level or average sidewalk elevation, whichever is higher. Floor area ratio: Maximum of six -tenths (0.60) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space- Minimum of fifteen -hundredths (0.15) times the gross lot area. Permitted Principal Uses: 1. One (1) dwelling unit per lot of record. 2. Community based residential facilities, licensed by Florida Health and Rehabilitative Services (FHRS), with a maximum of six (6) clients or less (but not including drug, alcohol or correctional rehabilitation facilities and dangerous mentally ill persons) when located at least one thousand (1,000) feet from any existing similar facility, measured from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility, provided they are registered with the planning, building and zoning department pursuant to section 934.2.1. Supp. No. 4 98 ZONING § 401 Three (3) spaces for each unit with more than three (3) bedrooms. In addition, one (1) space for every ten (10) units designated for visitors. Child care: Same as required in R-1 district. Community based residential facility: Same as required in R-1 district. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as required in R-3 district. For lodgings: Two (2) parking spaces for every three (3) lodging units. Places of worship: As for G/I. A reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, provided findings are made that clearly show such reduction is reasonable based on such factors as facility proximity to mass transit, facility visitation policy, possible negative impact on the neighborhood, and the like. Offstreet Loading Requirements: Same as for R-3 Multifamily Medium -Density Residential. Sign Regulations: Same as in R-3 district. 0 Office. Intent and Scale: The office category allows structures used as permanent and transitory residential facilities such as hotels and motels, general office uses, clinics and laboratories and limited commercial activities incidental to principal uses, limited services and supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may also be allowed, and mixed residential -office uses. Where office and residential uses are on the same premises or in the same building, access and facilities shall be so separated and such additional safeguards shall be provided as to protect security and privacy for residential occupants. Intensity: For residential uses: As for R-4. For office uses: Minimum lot size: Twenty thousand (20,000) square feet. Setbacks: Front - ten (10) feet; side - ten (10) feet, or the same as the abutting zoning district, whichever is greater; rear - ten (10) feet, or the same as the abutting zoning district, whichever is greater, the maximum height of a building at the base building line is equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the right-of-way or one hundred twenty (120) feet, Supp. No. 6 111 § 401 MIAMI, FLORIDA whichever is greater. Portions of buildings above that height, shall set back one (1) additional foot per each foot in height, except in lots with multiple street frontages where this additional setback applies to frontage on arterials and collectors only. Minimum lot width: One hundred (100) feet. Height: Unlimited. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area. Permitted Principal Uses: As for R-4 and in addition: 1 Offices not selling merchandise on the premises. 2. Medical or dental offices. 3. Medical and dental laboratories, and clinics. 4 Financial Institutions. 5. Post -secondary public or private educational facilities. 6. Federal, state and local government offices. 7. Health spa or studio: a. Health studios or spas under twenty-five thousand (25,000) square feet may be Located anywhere within a building. b. Health studios or spas twenty-five thousand (25,000) square feet in size and larger may be located only on the ground level. Permitted Accessory Uses: Same as for R-3 and in addition: 1 Wet dockage or moorage parallel to the shoreline for one (1) row for private pleasure craft. Cellular communications site provided that the miscellaneous antennas and all of its appurtenances: (1) shall not be visible from ground from a maximum distance of six hundred (600) feet; screening from ground view may be provided by a parapet or some other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not Supp. No. 5 112 ZONING § 401 exceed three (3) separate areas per roof top; (5) shall be installed and maintained in accordance with all applicable Code requirements; and (6) shall not be located on buildings or structures thereon of less than forty-five (45) feet in height. Notwithstanding the above, if the transmission tower is used in connection with a cellular communications site, the transmission tower shall be by Special Exception only. The transmission tower and anchoring devices, if directly -abutting a residential district must: (1) be located in the interior side or rear yard of the property; (2) meet minimum setback requirements; (3) be securely anchored, installed and maintained in accordance with all applicable codes; (4) not exceed a maximum height of one hundred and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer. A Special Exception shall not be required if the antennae are located on a self- supporting pole (in lieu of a transmission tower) of not more than one hundred (100) feet in height. Conditional Principal Uses. Same as for R-3 and in addition: 1. Group homes by Special Exception. 2. Foster care homes by Special Exception. 3. Community based residential facilities pursuant to section 934 are permitted only by Special Exception with city commission approval. 4. Privately owned and/or operated recreational buildings and facilities by Special Exception. 5. Playgrounds, playfields, parks by Special Exception. 6. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) by Special Exception. 7 Commercial parking lots only by Special Exception. Conditional Accessory Uses: Same as for R-4 and in addition: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Drive -through banking facilities, only by Special Exception with city commission approval. 2. Helistops only by Special Exception with city commission approval and subject to requirements and limitations in section 933. 3. Commercial marina by Special Exception only. Supp. No. 5 113 § 401 MIAMI, FLORIDA Offstreet Parking Requirements: Offices and other nonresidential uses: One (1) space per three hundred fifty (350) square feet of gross floor area. Lodgings: One (1) space per every two (2) lodging units. Multifamily residential uses: One (1) space for each efficiency/one-bedroom unit. Two (2) spaces for each two -bedroom unit or each three -bedroom unit. Three (3) spaces for each unit with more than three (3) bedrooms. In addition, one (1) space for every ten (10) units or portion thereof designated for visitors. Adult care: One (1) offstreet parking space shall be required for the owner/operator and one (1) space for each employee. In addition to providing offstreet parking, such establish- ments shall provide safe and convenient facilities for loading and unloading clients including one (1) unloading space for every ten (10) clients cared for. Child care: One (1) space for the owner/operator and one (1) space for each employee. In addition to providing offstreet parking, such establishments shall provide safe and convenient facilities for loading and unloading children including one (1) unloading space for every ten (10) children cared for. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as required in R-3 district. Places of worship: As for G/I. A reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, provided findings are made that clearly show such reduction is reasonable based on such factors as facility proximity to mass transit, facility visitation policy, possible negative impact on the neighborhood, and the like. Offstreet Loading Requirements. For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty-five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; Third berth for gross building area of one hundred thousand (100,000) up to two hundred fifty thousand (250,000) gross square feet; Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five hundred thousand (500,000) gross square feet; Supp. No. 5 114 ZONING § 401 For buildings with square footage in excess of fine hundred thousand (500,000) square feet: Berth minimum dimension to be twelve (12) by fifty-five (55) feet; In addition to the requirements set forth above, there shall be one (1) berth for every five hundred thousand (500,000) gross square feet of building area. By Class I Special Permit, one (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the individual project. Sign Regulations: As for R-4, except as specified below: Limitations on signs in relation to clinic uses therein shall apply to all office or clinic uses in this district. In addition, for each lot line adjacent to a street, address and/or directional sign, not exceeding twenty (20) square feet, such address and/or directional, notice or warning sign, if freestanding, shall not be closer than six (6) feet to any adjacent lot or closer than two (2) feet to any street line. Area of permitted wall signs may be increased two and one-half (2'/2) square feet for each foot above the first ten (10) feet of building height from grade at the bottom of the wall (averaged if sloping or irregular) to the bottom of the sign. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as provided at section 925.3.10. Development signs, except where combined with construction signs, shall be permissible only by Class I Special Permit as provided at section 925.3.8. Signs for hotel uses shall be subject to Class II Special Permit review. The Class II Special Permit shall give due consideration to the orientation of said signs to ensure that they are oriented away from adjacent residential uses so as to minimize the potential adverse effects resulting from lighting spillover. Signage for hotels shall conform to the following guidelines: 1. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide toward entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. Such signs shall be permanent, weather resisting fixtures well anchored to the ground so as not to be readily removable and shall stand alone, not be attached to other fixtures or plantings. 2 Ground or monument signs, excluding pole signs, limited to one (1) sign structure with not to exceed two (2) sign surfaces neither of which shall exceed forty (40) square feet in sign area. One (1) such sign shall be allowed for each one hundred (100) feet of frontage. Such signs shall consist of a solid and opaque surface which shall contain all lettering and/or graphic symbols, none of which shall be internally illuminated. Maximum height limitation shall be ten (10) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited 8upp. No. 5 115 § 401 MIAMI, FLORIDA access highways or expressways, provided, however, that upon finding that there are unusual or undulating site conditions the zoning administrator may increase the measurement of the crown by up to five (5) feet to accommodate these conditions. 3. Wall signs, limited to one (1) square foot of sign area for each lineal foot of wall fronting on a street. Not more than three (3) such signs shall be permitted per hotel. No signs will be permitted on frontages which face residentially zoned property within a radius of one thousand (1,000) feet. G/I Government and Institutional. Intent and Scale. The government/institutional category allows the development of facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public and private cemeteries. Residential facilities ancillary to these uses are allowed to a maximum density equivalent to R-4, subject to the same limiting conditions. Intensity. For residential uses: As for R-4. For all other uses: As for Office. Permitted Principal Uses. Same as for 0 and in addition: (With the exception of adult and child daycare centers, any change to introduce a new principal use or any additions over twenty (20) percent of any existing use shall be allowed by Special Exception only.) 1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 2. Financial institutions, provided that drive -through facilities shall be permitted only by special permit, as indicated below. 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. Hospitals. 5. Offices, business and professional (other than those selling merchandise on the premises), clinics (other than veterinary); studios; medical laboratories. 6. Places of worship. 7. Schools, post -secondary public or private educational facilities, colleges and universi- ties, public and private, including business colleges, trade schools (except those having external evidence of activities of an industrial nature), conservatories, dancing schools. Supp. No. 6 116 § 401 MIAMI, FLORIDA 5. Projecting signs (other than marquee signs) shall be limited to one (1) sign structure with not to exceed two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area. 6. Real estate signs, limited to one (1) per street frontage and not to exceed half the area permissible for the same type of permanent sign on the premises. 7. Temporary civic and political campaign signs are allowed, subject to the exceptions, limitations and responsibilities of subsections 925.3.11, 925.3.12 and 925.3.13 respec- tively. 8. Wall signs, limited to two -and -one-half (2V2) square feet of sign areas for each lineal foot of wall fronting on a street if any portion of such sign is below fifteen (15) feet above grade. For each foot that the lowest portion of such sign exceeds fifteen (15) feet, permitted sign area shall be increased one (1) percent. Not more than three (3) such signs shall be permitted for each frontage on which area calculations are based, but one of these may be mounted on a side wall. 9. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. C-1 Restricted Commercial. Intent and Scale; The restricted commercial category allows structures used as any type of residential facility except for rescue missions, to a maximum density equivalent to R-4, subject to the same limiting conditions; any activity included in the office designation, commercial marinas and living quarters on vessels with specific limitations, and mixed -use or commercial activities which generally serve the daily retailing and service needs of the public, typically requiring easy access by pedestrians and private automobiles. This category is located preferably in areas directly served by arterial or collector roadways, or directly accessible via mass transportation system. Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - ten (10) feet; side - no setback required or the same as the abutting district, whichever is greater; rear - ten (10) feet, or the same as the abutting district, whichever is greater; the maximum height of a building at the base building line is equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of buildings above that height shall set back one (1) additional foot per each foot in height, except in lots with multiple street frontages where this additional setback applies to frontage on arterials and collectors only. Supp. Na 5 120 ZONING $ 401 Minimum lot width: Fifty (50) feet. Height: Unlimited. Floor area ratio: Maximum of one and seventy-two hundredths (1.72) times the gross lot area Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of one -tenth (0.10) times the gross lot area. Permitted Principal Uses: Except as may be otherwise provided herein, within this district all commercial, office, sales, display and service activities shall be conducted within completely enclosed buildings, except in connection with outdoor eating areas, automobile sales lots, plant nurseries or commercial parking lots, or as approved in connection with special permits; otherwise, there shall be no unenclosed storage or display of merchandise, materials, or equipment. No wholesaling or jobbing shall be conducted from within the district. No merchandise shall be stored other than that to be sold at retail on the premises, and no such storage shall be visible from public rights -of -way. No off -premises storage of merchandise shall be permitted within the district. Same as for 0 district and in addition: 1. Financial institutions. 2. Clinics, studios, including radio and television broadcasting, medical laboratories, travel agencies, ticket agencies. 3. Private clubs, lodges, fraternities, sororities and the like. 4. Residence hotels; lodginghouses; tourist homes; and guest homes, with quarters rented for periods of one (1) week or more, hotels and other transient facilities. 6. Restaurants, tearooms, cafes, except drive-in. 6. Retail establishments for sale of groceries, wearing apparel, photographic and hobby supplies, antiques, toys, sundries, bookstores, music stores, florists; delicatessens, meat markets, bakeries, confectioneries, ice cream stores; drugstores; gift shops; hardware stores; variety stores; stores for television, radio and other electronic appliances, videotape sales and rentals, jewelry stores (except pawnshops); art stores; package liquor stores (without drive-in facilities), home furnishings and appliances, office furnishings, equipment and supplies, floor covering, leather goods, luggage, sporting goods, bicycles; garden supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and incidental assembly are permitted as accessory, but not principal uses. Aside from antique art, jewelry and bookstores and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 7. Public and private primary and secondary schools. Supp. No. 5 121 § 401 MIAMI, FLORIDA 8. Post -secondary public and private educational facilities, business and trade schools, except those with external evidence of activities of an industrial nature. 9. Service establishments, including photographic studios, interior decorators, letter, photostating or duplicating services, locksmiths, barber and beauty shops; shoe repair; tailoring; dressmaking, millinery and drapery fabrication, except where products are for off -premises sale; coin -operated laundry and dry cleaning facilities with rated capacity limited to one thousand (1,000) pounds total for laundry, and one hundred (100) pounds total for noncoin-operated dry cleaning, laundry and dry cleaning agencies or establishments. 10. Driving school agencies. 11. Mortuaries or funeral homes with not to exceed two (2) retorts as an accessory use. 12. Printing incidental to a permitted principal use, blueprinting and the like; photo- graphic development laboratories. 13. Theaters (other than drive-in). 14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but not secondhand merchandise otherwise. 15. Parking lots, parking garages. 16. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper clubs, cafes or private clubs. 17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equip- ment and accessories; for sale of new boats, marine motors, parts, equipment and accessories; for sale of pets and pet supplies, plant nurseries, building supply stores. Aside from plant nurseries, car sales and commercial parking lots, all commercial sales, display and service activities shall be within frilly enclosed buildings. Aside from antique shops, art shops, jewelry and bookstores, and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchan- dise. 18. Bible study classes, but excluding all religious rites, sacraments and ceremonies typically performed in a house of worship. 19. Housebarges are prohibited. 20. Cellular communications site provided that the miscellaneous antennas and all of its appurtenances: (1) shall not be visible from ground from a maximum distance of six hundred (600) feet; screening from ground view may be provided by a parapet or some other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not exceed three (3) separate areas per roof top; (5) shall be installed and maintained in accordance with all applicable Code requirements; and (6) shall not be located on buildings or structures thereon of less than forty-five (45) feet in height. Notwithstanding the above, if the transmission tower is used in connection with a cellular communications site, the transmission tower shall be by Special Exception Supp. No. 6 122 ZONING § 401 only. The transmission tower and anchoring devices, if directly -abutting a residential district must: (1) be located in the interior side or rear yard of the property; (2) meet minimum setback requirements; (3) be securely anchored, installed and maintained in accordance with all applicable codes; (4) not exceed a maximum height of one hundred and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer. A Special Exception shall not be required if the antennae are located on a self- supporting pole (in lieu of a transmission tower) of not more than one hundred (100) feet in height. 21. Employment offices, subject to city commission approval. 22. State of Florida licensed franchise motor vehicle dealers; including the sales of new cars. Other uses maintained and operated in direct association with the new car sales operation and which are customarily incidental and subordinate to the sales of new cars by such dealers are also included as follows; subject to the specified conditions and limitations: (1) Used car sales, enclosed and unenclosed, shall be limited to twenty (20) percent of the dealership's net lot area dedicated to car sales. (2) The unenclosed sale of new or used cars along the frontage of arterial roadways shall only be permitted where an enclosed showroom or other dealership building(s) are located on the same site. (3) Sales of auto parts shall be in enclosed buildings, limited to ten (10) percent of the dealership's net lot area dedicated to car sales. (4) Minor automotive services and repairs in enclosed buildings, as defined in section 2502, are included. Additionally, major automotive services and repairs in enclosed buildings, as defined in section 2502, are included, except that no paint and bodywork, straightening of frames or body parts, welding and other work involving undue noise, glare, fumes or smoke shall be included on any part of the facility zoned C-1. (5) Storage of wrecked automobiles not in operating condition and operations of a commercial garage or commercial parking lot as incidental uses, is prohibited. Permitted Accessory Uses: Same as for 0 district and in addition: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. Conditional Principal Uses: Same as for 0 district and in addition: 1. Commercial marinas, boat rentals and piers only by Special Exception, subject to the requirements of section 924; provision for occupancy of commercial, scientific, official Supp. No. 6 123 § 401 MIAMI, FLORIDA vessels and private pleasure craft as temporary living quarters (maximum stay: seven (7) days) may be specified and included in the grant of special exception, except in the Little River Canal. 2. Community based residential facilities for more than fifty (50) clients, only by Special Exception with city commission approval, subject to the requirements and limitations of section 934. 3. Drive -through facilities for financial institutions only on property with two (2) street frontages or if on one (1) street, access and egress driveways are located at least one hundred fifty (150) feet apart, only by Special Exception with approval by the city commission and subject to reservoir requirements of section 931.2. 4. Other drive -through facilities, including eating and drinking establishments, only by Class II Special Permit, subject to the requirements of section 931. 5. Except where specifically permitted in connection with commercial marinas under the provisions of Special Exception as indicated above, occupancy of private pleasure craft as living quarters shall be allowable only by Special Exception, and each such occupancy of private pleasure craft as living quarters shall be allowable only by Special Exception with city commission approval. 6. Automotive service stations, auto care service centers (within completely enclosed buildings) and car washes, as defined in article 25, only by Class II Special Permit, subject to the requirements and limitations of sections 930 and 931. 7. Bars, saloons, taverns, and supper clubs, only by Special Exception. 8. Privately owned and/or operated recreation buildings and facilities, playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries, museums and the like; private clubs, lodges, fraternities, sororities and the like operated for profit, commercial recreation establishments including pool halls and billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, driving ranges, archery ranges, trampoline centers, game rooms, banquet halls and dance halls by Class I Special Permit only. 9. Cigar manufacturing, hand process, and sewing shop by Class II Special Permit only. 10. Adult daycare facilities, subject to the requirements and limitations of section 935, by Special Exception. 11. Convalescent homes by Special Exception. 12. Nursing homes and institutions for the aged or infirm by Special Exception. 13. Orphanages by Special Exception. 14. Child daycare centers, subject to the requirements and limitations of section 936, Class I Special Permit. 15. Tmporary revival churches by Class I Special Permit. Supp. No. 5 124 ZONING § 401 16. Ambulance service, by Special Exception; expansion of existing ambulance service by Class II Special Permit. 17 Veterinary or animal clinics as defined in article 25 shall be permitted by Special Exception only. 18. Swimming pool supplies and equipment by Special Exception. 19. Sewing shops by Class II Special Permit if for ten (10) or fewer machines, by Special Exception if for more than ten (10) machines. 20. Private express delivery services by Class II Special Permit. 21. Sales of used automobiles by Special Exception only. 22 Hiring halls or labor pools by Special Exception only, and subject to city commission approval. 23. Discount membership merchandisers, as defined and conditioned in sections 944 and 2502 and subject to the requirements of Special Exception regulations and require- ments set forth in Article 16. 24. Coin -operated laundry and dry cleaning facilities with rated capacity over one thousand (1,000) pounds total for laundry, and over one hundred (100) pounds total for dry cleaning, laundry and dry cleaning agencies or establishments, by Special Exception. 25. Rental -purchase stores by Class II Special Permit. Their Location shall be restricted to primary arterial roadways as defined in the Dade County Comprehensive Plan. 26. Public storage facilities, by Special Exception, subject to applicable regulations set forth in section 946 of this ordinance. 27. Vehicle rental facilities, by Special Exception subject to applicable regulations set forth in section 947 of this ordinance. 28. Pharmaceutical laboratories only by Special Exception subject to requirements and limitations set forth in section 945. 29. Processing, packaging, handling, distribution and wholesale and retail sales of seafood by Class II Special Permit only and only when such uses are conducted from properties which immediately abut the Miami River. The Class II Special Permit shall ensure compliance with the general and special considerations outlined in section 604.3.2. 30. Sales of fresh flowers from mobile vending carts placed in open space areas by Class II Special Permit and subject to compliance with Coconut Grove Right -of -Way Vending Cart Guides and Standards. 9upp. No. 5 125 § 401 MIAMI, FLORIDA Conditional Accessory Uses: Same as for 0 district and in addition: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Tbmporary special events involving outdoor gatherings at churches, schools and the like, or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the city, only by Class I Special Permit (see section 906.9). 2. Wet dockage or moorage of major private pleasure craft in numbers greater than permitted generally shall be permitted only by Special Exception. 3. Drive -through facilities for financial institutions only by Special Exception with city commission approval. 4. Sale of used automobiles which may or may not be on the same premises or block as the principal use but clearly accessory to new automobile sales by Special Exception only, subject to a limit of thirty (30) percent of the building frontage on a block or ten (10) percent of the square footage of the dealership. Enclosure may be waived for a five-year period; the grant of Special Exception will expire if the use is not enclosed at the end of the period. No application for a variance will be accepted. 5. Christmas tree sales only by Class I Special Permit on a vacant lot or portion of a lot not reserved for other purposes (i.e., parking) and with notice to adjacent and immediate (across the street) property owners. 6. Sales of other goods pertaining to a national legal holiday by Class I Special Permit. 7. Helistops only by Special Exception with city commission approval and subject to requirements and limitations in section 933. 8. For waterfront property only, wet dockage or moorage of major private pleasure craft not exceeding two (2) per dwelling unit for the first ten (10) dwelling units, plus one (1) for each five (5) additional dwelling unite. 9. Aluminum recycling machine, by Class I Special Permit and subject to the require- ments and limitations of section 940. 10. In conjunction with the conditional principal use specified in no. 29 above, and subject to the same Class iI Special Permit, including the considerations outlined in section 604.3.2., the following accessory uses may be conducted; offloading and unloading of seafood from boats; storage of seafood fishing equipment; and containerized storage of seafood. Offstreet Parking Requirements: For residential use: Same as for R-4 Multifamily High -Density Residential. Supp. No. 5 126 ZONING § 401 For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as for R-4 Multifamily High -Density Residential. For nonresidential use: One (1) space per one hundred fifty (150) square feet of gross floor area for barber and beauty shops. One (1) space per each five (5) fixed seats, and per each fifty (50) square feet of gross floor area for movable seats, for Bible study classes, meeting halls and places of general assembly, excluding classrooms and other areas not for general assembly. One (1) space per every one hundred (100) square feet of gross floor area, for restaurants and banquet halls, bars, saloons, private clubs and lodges. One (1) space per every one hundred (100) square feet of gross floor area, for game rooms, pool and billiard halls and other similar establishments. One (1) space per every two hundred and fifty (250) square feet of gross floor area, for discount membership merchandisers. Except as required above, one (1) space per three hundred (300) square feet of gross floor area for other nonresidential uses. For commercial marinas: Parking needs for automobiles and boat trailers to be determined for a specific project by Special Exception, but not less than five (5) spaces plus one (1) space for each two (2) boats, sixteen (16) feet or more in length, to be accommodated. For dry dockage or boat racks: Five (5) spaces plus one (1) for each three (3) boats. For lodgings: Two (2) parking spaces for every three (3) lodging units. Offstreet Loading Requirements: For buildings in excess of twenty -flue thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area Berth minimum dimension to be twelve (12) by thirty-five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; Third berth for gross building area of one hundred thousand (100,000) up to two hundred fifty thousand (250,000) gross square feet; Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five hundred thousand (500,000) gross square feet; For buildings with square footage in excess of five hundred thousand (500,000) square feet: Berth minimum dimension to be twelve (12) by fifty-five (55) feet; In addition to the requirements set forth above, there shall be one (1) berth for every five hundred thousand (500,000) gross square feet of building area. Supp. No. 3 127 § 401 MIAMI, FLORIDA By Class I Special Permit one (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the individual project. Sign Regulations: Onsite signs only shall be permitted in these districts, subject to the following requirements and limitations. Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. At retail or service establishments, in addition to identifying the principal business, commodity or service, such signs may devote not more than half of their actual aggregate to the advertising of subsidiary products sold or services rendered on the premises. 1. Community or neighborhood bulletin boards or kiosks shall be permissible as provided at section 925.3.10. 2. Construction signs; not be [to] exceed one (1) construction sign or thirty (30) square feet in area, for each lot line adjacent to a street. 3. Development signs, except where combined with construction signs, shall be permis- sible only by Class I Special Permit as provided at section 925.3.8. 4. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. 5. Ground or freestanding signs, limited to one (1) sign structure with not to exceed two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the zoning adminis- trator at his discretion may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. 6. Marquee signs, limited to one (1) per establishment and three (3) square feet in area. 7. Projecting signs (other than marquee signs) shall be limited to one (1) sign structure with not to exceed two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; provided, however, that such permissible sign area shall be increased in C-1 districts to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet,, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet. 8. Real estate signs, limited to one (1) per street frontage and not to exceed half the area permissible for the same type of permanent sign on the premises. Supp. No. 5 128 ZONING § 401 9. I mporary civic and political campaign signs are allowed, subject to the exceptions, limitations and responsibilities of subsections 925.3.11, 925.3.12 and 925.3.13 respec- tively. 10. Wall signs, limited to two and one-half (2V2) square feet of sign area for each lineal foot of wall fronting on a street if any portion of such sign is below fifteen (15) feet above grade. For each foot that the lowest portion of such sign exceeds fifteen (15) feet, permitted sign area shall be increased one (1) percent. Not more than three (3) such signs shall be permitted for each frontage on which area calculations are based, but one (1) of these may be mounted on a side wall. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. C-2 Liberal Commercial. Intent and Scale: The liberal commercial category allows commercial activities which serve the needs of other businesses, require extensive loading facilities, and often benefit from proximity to industrial areas. The district is also intended to allow a mix of office with retail uses. Hotels, motels, rescue missions and residential facilities of a density equal to R-3 or higher are the only residential uses allowed in this district. The district permits four (4) types of uses which distinguish C-1 from C-2, including wholesaling, light assemblage, secondhand merchandise sales and other outdoor sales. Intensity: Minimum lot size: Thn thousand (10,000) square feet. Setbacks: Front - no setback required; side - no setback required, or the same as the abutting district, whichever is greater; rear - ten (10) feet, or the same as the abutting district, whichever is greater. Minimum lot width: One hundred (100) feet. Height: One hundred twenty (120) feet or ten (10) stories, whichever is leas, except for broadcasting towers which may be one hundred fifty (150) feet in height (see section 915.3). Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Building footprint: Maximum of six -tenths (0.60) times the gross lot area. Green space: Minimum of one -tenth (0.10) times the gross lot area. 3upp. No. 5 129 THE FOLLOWING ORDINANCES HAVE BEEN APPROVED BY THE MLA I-DADE COUNTY COMMISSION. ALL MUNICIPALITIES LOCATED WITHIN MIAMI-DADE COUNTY, INCLUDING THE CITY OF MIA1bII, ARE REQUIRED BY LAW TO ADHERE TO THESE ORDINANCES. CONE OF SILENCE Pursuant to Miami -Dade County Ordinance 98-106 and Miami -Dade County Ordinance No. 99-1, as amended, a "Cone of Silence" is imposed upon RFPs, RFQs, or bids after advertisement and terminates at the time the City Manager issues a written recommendation to the City Commission. The Cone of Silence prohibits oral communication regarding RFPs, RFQs, or bids between potential vendors, service providers, bidders, lobbyists or consultants and City's professional staff including, but not limited to, the City Manager and the City Manager's staff. The provisions of County Ordinance Nos. 98-106 and 99-1 do not apply to oral communications at pre- proposal/bid conferences, duly noticed site visits, oral presentations before selection committees, contract negotiations during any duly noticed public meetings, public presentations made to the City Commission during any duly noticed public meeting or communications in writing at any time unless specifically prohibited by the applicable RFP, RFQ or bid document. In addition to any other penalties provided by law, violation of Miami -Dade County Ordinance Nos. 98- 106 and 99-1 by any respondent shall render any RFP award, RFQ award or bid award voidable. Any person having personal knowledge of a violation of the Ordinances shall report such violation to the State Attomey and/or may file a complaint with Miami -Dade County's Ethics Commission. Respondents should reference the actual Ordinances for further clarification. All Respondents will be notified in writing when the City Manager makes a recommendation to the City Commission. ADDITIONAL INFORMATION/ADDENDA Requests for additional information or clarifications must be made in writing and received by the contact person for this RFP, in accordance with the Cone of Silence. The request must contain the RFP title, Respondent's name, name of Respondent's contact person, address, phone number, and facsimile number. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP's Submission Date. Respondent's should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. Contact Person : Meredith J. Nation Department: Department of Real Estate & Economic Development Address: 444 S.W. 2nd Avenue, 3111 Floor Miami, Florida 33130 THE FOLLOWING ORDINANCES HAVE BEEN APPROVED BY THE MIAMI-DADE COUNTY COMMISSION. ALL MUNICIPALITIES LOCATED WITHIN MIAMI-DADE COUNTY, INCLUDING THE CITY OF MINI, ARE REQUIRED BY LAW TO ADHERE TO THESE ORDINANCES. CONE OF SILENCE Pursuant to Miami -Dade County Ordinance 98-106 and Miami -Dade County Ordinance No. 99-1, as amended, a "Cone of Silence" is imposed upon RFPs, RFQs, or bids after advertisement and terminates at the time the City Manager issues a written recommendation to the City Commission. The Cone of Silence prohibits oral communication regarding RFPs, RFQs, or bids between potential vendors, service providers, bidders, lobbyists or consultants and City's professional staff including, but not limited to, the City Manager and the City Manager's staff. The provisions of County Ordinance Nos. 98-106 and 99-1 do not apply to oral communications at pre- proposal/bid conferences, duly noticed site visits, oral presentations before selection committees, contract negotiations during any duly noticed public meetings, public presentations made to the City Commission during any duly noticed public meeting or communications in writing at any time unless specifically prohibited by the applicable RFP, RFQ or bid document. In addition to any other penalties provided by law, violation of Miami -Dade County Ordinance Nos. 98- 106 and 99-1 by any respondent shall render any RFP award, RFQ award or bid award voidable. Any person having personal knowledge of a violation of the Ordinances shall report such violation to the State Attorney and/or may file a complaint with Miami -Dade County's Ethics Commission. Respondents should reference the actual Ordinances for further clarification. All Respondents will be notified in writing when the City Manager makes a recommendation to the City Commission. ADDITIONAL INFORMATION/ADDENDA Requests for additional information or clarifications must be made in writing and received by the contact person for this RFP, in accordance with the Cone of Silence. The request must contain the RFP title, Respondent's name, name of Respondent's contact person, address, phone number, and facsimile number. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP's Submission Date. Respondent's should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. Contact Person : Meredith J. Nation Department: Department of Real Estate & Economic Development Address: 444 S.W. 2nd Avenue, 3`d Floor Miami, Florida 33130 The 2000 Florida Statutes Title XIX PUBLIC BUSINESSChapter 286 Public Business: Miscellaneous ProvisionsView Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.— (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attomey's fee against such agency, and may assess a reasonable attomey's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attomey to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney -client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney -client session and the names of the persons attending. At the conclusion of the attorney -client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 1 of 27 Online Sunshine z wska View Statutes Search Statutes Select Year: 12000 l Constitution Laws of Florida Order The 2000 Florida Statutes TitleXXVIII Chapter_38Q View Entire NATURAL RESOURCES; CONSERVATION; Land And Water Chapter RECLAMATION, AND USE Management 380.06 Developments of regional impact.-- (1) DEFINITION. --The term "development of regional impact," as used in this section, means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. (2) STATEWIDE GUIDELINES AND STANDARDS. -- (a) The state land planning agency shall recommend to the Administration Commission specific statewide guidelines and standards for adoption pursuant to this subsection. The Administration Commission shall by rule adopt statewide guidelines and standards to be used in determining whether particular developments shall undergo development -of -regional -impact review. The statewide guidelines and standards previously adopted by the Administration Commission and approved by the Legislature shall remain in effect unless revised pursuant to this section or superseded by other provisions of law. Revisions to the present statewide guidelines and standards, after adoption by the Administration Commission, shall be transmitted on or before March 1 to the President of the Senate and the Speaker of the House of Representatives for presentation at the next regular session of the Legislature. Unless approved by law by the Legislature, the revisions to the present guidelines and standards shall not become effective. (b) In adopting its guidelines and standards, the Administration Commission shall consider and shall be guided by: 1. The extent to which the development would create or alleviate environmental problems such as air or water pollution or noise. 2. The amount of pedestrian or vehicular traffic likely to be generated. 3. The number of persons likely to be residents, employees, or otherwise present. 4. The size of the site to be occupied. 5. The likelihood that additional or subsidiary development will be generated. 6. The extent to which the development would create an additional demand for, or additional use of, energy, including the energy requirements of subsidiary developments. 7. The unique qualities of particular areas of the state. (c) With regard to the changes in the guidelines and standards authorized pursuant to this act, in determining whether a proposed development must comply with the review requirements of this section, the state land planning agency shall apply the guidelines and standards which were in effect when the developer received authorization to commence development from the local http://www.leg.state.fl.us/Statutes/index.cfn?App_mode=Display_Statute&Search String=&L.. I/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 2 of 27 government. If a developer has not received authorization to commence development from the local government prior to the effective date of new or amended guidelines and standards, the new or amended guidelines and standards shall apply. (d) The guidelines and standards shall be applied as follows: 1. Fixed thresholds. -- a. A development that is at or below 80 percent of all numerical thresholds in the guidelines and standards shall not be required to undergo development -of -regional -impact review. b. A development that is at or above 120 percent of any numerical threshold shall be required to undergo development -of -regional -impact review. c. Projects certified under s. 403.973 which create at least 100 jobs and meet the criteria of the Office of Tourism, Trade, and Economic Development as to their impact on an area's economy, employment, and prevailing wage and skill levels that are at or below 100 percent of the numerical thresholds for industrial plants, industrial parks, distribution, warehousing or wholesaling facilities, office development or multiuse projects other than residential, as described in s. 380.0651(3)(c), (d), and (i), are not required to undergo development -of -regional -impact review. 2. Rebuttable presumptions. -- a. It shall be presumed that a development that is between 80 and 100 percent of a numerical threshold shall not be required to undergo development -of -regional -impact review. b. It shall be presumed that a development that is at 100 percent or between 100 and 120 percent of a numerical threshold shall be required to undergo development -of -regional -impact review. (e) With respect to residential, hotel, motel, office, and retail developments, the applicable guidelines and standards shall be increased by 50 percent in urban central business districts and regional activity centers of jurisdictions whose local comprehensive plans are in compliance with part II of chapter 163. With respect to multiuse developments, the applicable guidelines and standards shall be increased by 100 percent in urban central business districts and regional activity centers of jurisdictions whose local comprehensive plans are in compliance with part II of chapter 163, if one land use of the multiuse development is residential and amounts to not less than 35 percent of the jurisdiction's applicable residential threshold. With respect to resort or convention hotel developments, the applicable guidelines and standards shall be increased by 150 percent in urban central business districts and regional activity centers of jurisdictions whose local comprehensive plans are in compliance with part II of chapter 163 and where the increase is specifically for a proposed resort or convention hotel located in a county with a population greater than 500,000 and the local govemment specifically designates that the proposed resort or convention hotel development will serve an existing convention center of more than 250,000 gross square feet built prior to July 1, 1992. The Administration Commission, upon the recommendation of the state land planning agency, shall implement this paragraph by rule no later than December 1, 1993. The increased guidelines and standards authorized by this paragraph shall not be implemented until the effectiveness of the rule which, among other things, shall set forth the pertinent characteristics of urban central business districts and regional activity centers. (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND STANDARDS. --The state land planning agency, a regional planning agency, or a local government may petition the Administration Commission to increase or decrease the numerical thresholds of any statewide guideline and standard. The state land planning agency or the regional planning agency may petition for an increase or decrease for a particular local government's jurisdiction or a part of a particular jurisdiction. A local government may petition for an increase or decrease within its jurisdiction or a part of its jurisdiction. A number of requests may be combined in a single petition. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 3 of 27 (a) When a petition is filed, the state land planning agency shall have no more than 180 days to prepare and submit to the Administration Commission a report and recommendations on the proposed variation. The report shall evaluate, and the Administration Commission shall consider, the following criteria: 1. Whether the local government has adopted and effectively implemented a comprehensive plan that reflects and implements the goals and objectives of an adopted state comprehensive plan. 2. Any applicable policies in an adopted strategic regional policy plan. 3. Whether the local government has adopted and effectively implemented both a comprehensive set of land development regulations, which regulations shall include a planned unit development ordinance, and a capital improvements plan that are consistent with the local government comprehensive plan. 4. Whether the local government has adopted and effectively implemented the authority and the fiscal mechanisms for requiring developers to meet development order conditions. 5. Whether the local government has adopted and effectively implemented and enforced satisfactory development review procedures. (b) The affected regional planning agency, adjoining local governments, and the local government shall be given a reasonable opportunity to submit recommendations to the Administration Commission regarding any such proposed variations. (c) The Administration Commission shall have authority to increase or decrease a threshold in the statewide guidelines and standards up to 50 percent above or below the statewide presumptive threshold. The commission may from time to time reconsider changed thresholds and make additional variations as it deems necessary. (d) The Administration Commission shall adopt rules setting forth the procedures for submission and review of petitions filed pursuant to this subsection. (e) Variations to guidelines and standards adopted by the Administration Commission under this subsection shall be transmitted on or before March 1 to the President of the Senate and the Speaker of the House of Representatives for presentation at the next regular session of the Legislature. Unless approved as submitted by general law, the revisions shall not become effective. (4) BINDING LETTER. -- (a) If any developer is in doubt whether his or her proposed development must undergo development -of -regional -impact review under the guidelines and standards, whether his or her rights have vested pursuant to subsection (20), or whether a proposed substantial change to a development of regional impact concerning which rights had previously vested pursuant to subsection (20) would divest such rights, the developer may request a determination from the state land planning agency. (b) Unless a developer waives the requirements of this paragraph by agreeing to undergo development -of -regional -impact review pursuant to this section, the state land planning agency or local government with jurisdiction over the land on which a development is proposed may require a developer to obtain a binding letter if: 1. The development is at a presumptive numerical threshold or up to 20 percent above a numerical threshold in the guidelines and standards; or 2. The development is between a presumptive numerical threshold and 20 percent below the numerical threshold and the local government or the state land planning agency is in doubt as to http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 4 of 27 whether the character or magnitude of the development at the proposed location creates a likelihood that the development will have a substantial effect on the health, safety, or welfare of citizens of more than one county. (c) Any local government may petition the state land planning agency to require a developer of a development located in an adjacent jurisdiction to obtain a binding letter of interpretation. The petition shall contain facts to support a finding that the development as proposed is a development of regional impact. This paragraph shall not be construed to grant standing to the petitioning local government to initiate an administrative or judicial proceeding pursuant to this chapter. (d) A request for a binding letter of interpretation shall be in writing and in such form and content as prescribed by the state land planning agency: Within 15 days of receiving an application for a binding letter of interpretation or a supplement to a pending application, the state land planning agency shall determine and notify the applicant whether the information in the application is sufficient to enable the agency to issue a binding letter or shall request any additional information needed. The applicant shall either provide the additional information requested or shall notify the state land planning agency in writing that the information will not be supplied and the reasons therefor. If the applicant does not respond to the request for additional information within 120 days, the application for a binding letter of interpretation shall be deemed to be withdrawn. Within 35 days after acknowledging receipt of a sufficient application, or of receiving notification that the information will not be supplied, the state land planning agency shall issue a binding letter of - interpretation with respect to the proposed development. A binding letter of interpretation issued by the state land planning agency shall bind all state, regional, and local agencies, as well as the developer. (e) In determining whether a proposed substantial change to a development of regional impact concerning which rights had previously vested pursuant to subsection (20) would divest such rights, the state land planning agency shall review the proposed change within the context of: 1. Criteria specified in paragraph (19)(b); 2. Its conformance with any adopted state comprehensive plan and any rules of the state land planning agency; 3. All rights and obligations arising out of the vested status of such development; 4. Permit conditions or requirements imposed by the Department of Environmental Protection or any water management district created by s. 373.069 or any of their successor agencies or by any appropriate federal regulatory agency; and 5. Any regional impacts arising from the proposed change. (f) If a proposed substantial change to a development of regional impact concerning which rights had previously vested pursuant to subsection (20) would result in reduced regional impacts, the change shall not divest rights to complete the development pursuant to subsection (20). Furthermore, where all or a portion of the development of regional impact for which rights had previously vested pursuant to subsection (20) is demolished and reconstructed within the same approximate footprint of buildings and parking lots, so that any change in the size of the development does not exceed the criteria of paragraph (19)(b), such demolition and reconstruction shall not divest the rights which had vested. (g) Every binding letter determining that a proposed development is not a development of regional impact, but not including binding letters of vested rights or of modification of vested rights, shall expire and become void unless the plan of development has been substantially commenced within: 1. Three years from October 1, 1985, for binding letters issued prior to the effective date of this act; or http://www.leg.state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& ... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 5 of 27 2. Three years from the date of issuance of binding letters issued on or after October 1, 1985. (h) The expiration date of a binding letter, established pursuant to paragraph (g), shall begin to run after final disposition of all administrative and judicial appeals of the binding letter and may be extended by mutual agreement of the state land planning agency, the local government of jurisdiction, and the developer. (i) In response to an inquiry from a developer, the state land planning agency may issue an informal determination in the form of a clearance letter as to whether a development is required to undergo development -of -regional -impact review. A clearance letter may be based solely on the information provided by the developer, and the state land planning agency is not required to conduct an investigation of that information. If any material information provided by the developer is incomplete or inaccurate, the clearance letter is not binding upon the state land planning agency. A clearance letter does not constitute final agency action. (5) AUTHORIZATION TO DEVELOP.-- (a)1. A developer who is required to undergo development -of -regional -impact review may undertake a development of regional impact if the development has been approved under the requirements of this section. 2. If the land on which the development is proposed is within an area of critical state concern, the development must also be approved under the requirements of s. 310.05. (b) State or regional agencies may inquire whether a proposed project is undergoing or will be required to undergo development -of -regional -impact review. If a project is undergoing or will be required to undergo development -of -regional -impact review, any state or regional permit necessary for the construction or operation of the project that is valid for 5 years or less shall take effect, and the period of time for which the permit is valid shall begin to run, upon expiration of the time allowed for an administrative appeal of the development or upon final action following an administrative appeal or judicial review, whichever is later. However, if the application for development approval is not filed within 18 months after the issuance of the permit, the time of validity of the permit shall be considered to be from the date of issuance of the permit. If a project is required to obtain a binding letter under subsection (4), any state or regional agency permit necessary for the construction or operation of the project that is valid for 5 years or less shall take effect, and the period of time for which the permit is valid shall begin to run, only after the developer obtains a binding letter stating that the project is not required to undergo development - of -regional -impact review or after the developer obtains a development order pursuant to this section. (c) Prior to the issuance of a final development order, the developer may elect to be bound by the rules adopted pursuant to chapters 373 and 403 in effect when such development order is issued. The rules adopted pursuant to chapters 373 and 403 in effect at the time such development order is issued shall be applicable to all applications for permits pursuant to those chapters and which are necessary for and consistent with the development authorized in such development order, except that a later adopted rule shall be applicable to an application if: 1. The later adopted rule is determined by the rule -adopting agency to be essential to the public health, safety, or welfare; 2. The later adopted rule is adopted pursuant to s. 403 061(27); 3. The later adopted rule is being adopted pursuant to a subsequently enacted statutorily mandated program; 4. The later adopted rule is mandated in order for the state to maintain delegation of a federal program; or http: //www.leg.stateRus/Statutes/index. cfin?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 6 of 27 5. The later adopted rule is required by state or federal law. (d) The provision of day care service facilities in developments approved pursuant to this section is permissible but is not required. Further, in order for any developer to apply for permits pursuant to this provision, the application must be filed within 5 years from the issuance of the final development order and the permit shall not be effective for more than 8 years from the issuance of the final development order. Nothing in this paragraph shall be construed to alter or change any permitting agency's authority to approve permits or to determine applicable criteria for longer periods of time. (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT PLAN AMENDMENTS. -- (a) Prior to undertaking any development, a developer that is required to undergo development - of -regional -impact review shall file an application for development approval with the appropriate local government having jurisdiction. The application shall contain, in addition to such other matters as may be required, a statement that the developer proposes to undertake a development of regional impact as required under this section. (b) Any local government comprehensive plan amendments related to a proposed development of regional impact, including any changes proposed under subsection (19), may be initiated by a local planning agency or the developer and must be considered by the local governing body at the same time as the application for development approval using the procedures provided for local plan amendment in s. 163.3187 or s. 163.3189 and applicable local ordinances, without regard to statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan. Nothing in this paragraph shall be deemed to require favorable consideration of a plan amendment solely because it is related to a development of regional impact. The procedure for processing such comprehensive plan amendments is as follows: 1. If a developer seeks a comprehensive plan amendment related to a development of regional impact, the developer must so notify in writing the regional planning agency, the applicable local government, and the state land planning agency no later than the date of preapplication conference or the submission of the proposed change under subsection (19). 2. When filing the application for development approval or the proposed change, the developer must include a written request for comprehensive plan amendments that would be necessitated by the development -of -regional -impact approvals sought. That request must include data and analysis upon which the applicable local government can determine whether to transmit the comprehensive plan amendment pursuant to s. 163 3184 3. The local government must advertise a public hearing on the transmittal within 30 days after filing the application for development approval or the proposed change and must make a determination on the transmittal within 60 days after the initial filing unless that time is extended by the developer. 4. If the local government approves the transmittal, procedures set forth in s. 16_3,3184(3)-(6) must be followed. 5. Notwithstanding subsection (11) or subsection (19), the local government may not hold a public hearing on the application for development approval or the proposed change or on the comprehensive plan amendments sooner than 30 days from receipt of the response from the state tand planning agency pursuant to s. 163.3184(6). The 60-day time period for local governments to adopt, adopt with changes, or not adopt plan amendments pursuant to s. 163.3184(7) shall not apply to concurrent plan amendments provided for in this subsection. 6. The local government must hear both the application for development approval or the proposed change and the comprehensive plan amendments at the same hearing. However, the local government must take action separately on the application for development approval or the proposed change and on the comprehensive plan amendments. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_Str ng=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 7 of 27 7. Thereafter, the appeal process for the local government development order must follow the provisions of s. 380,07, and the compliance process for the comprehensive plan amendments must follow the provisions of s. 163.3184. (7) PREAPPLICATION PROCEDURES. -- (a) Before filing an application for development approval, the developer shall contact the regional planning agency with jurisdiction over the proposed development to arrange a preapplication conference. Upon the request of the developer or the regional planning agency, other affected state and regional agencies shall participate in this conference and shall identify the types of permits issued by the agencies, the level of information required, and the permit issuance procedures as applied to the proposed development. The regional planning agency shall provide the developer information about the development -of -regional -impact process and the use of preapplication conferences to identify issues, coordinate appropriate state and local agency requirements, and otherwise promote a proper and efficient review of the proposed development. If agreement is reached regarding assumptions and methodology to be used in the application for development approval, the reviewing agencies may not subsequently object to those assumptions and methodologies unless subsequent changes to the project or information obtained during the review make those assumptions and methodologies inappropriate. (b) The regional planning agency shall establish by rule a procedure by which a developer may enter into binding written agreements with the regional planning agency to eliminate questions - from the application for development approval when those questions are found to be unnecessary for development -of -regional -impact review. It is the legislative intent of this subsection to encourage reduction of paperwork, to discourage unnecessary gathering of data, and to encourage the coordination of the development -of -regional -impact review process with federal, state, and local environmental reviews when such reviews are required by law. (c) If the application for development approval is not submitted within 1 year after the date of the preapplication conference, the regional planning agency, the local government having jurisdiction, or the applicant may request that another preapplication conference be held. (8) PRELIMINARY DEVELOPMENT AGREEMENTS. -- (a) A developer may enter into a written preliminary development agreement with the state land planning agency to allow a developer to proceed with a limited amount of the total proposed development, subject to all other governmental approvals and solely at the developer's own risk, prior to issuance of a final development order. All owners of the land in the total proposed development shall join the developer as parties to the agreement. Each agreement shall include and be subject to the following conditions: 1. The developer shall comply with the preapplication conference requirements pursuant to subsection (7) within 45 days after the execution of the agreement. 2. The developer shall file an application for development approval for the total proposed development within 3 months after execution of the agreement, unless the state land planning agency agrees to a different time for good cause shown. Failure to timely file an application and to otherwise diligently proceed in good faith to obtain a final development order shall constitute a breach of the preliminary development agreement. 3. The agreement shall include maps and legal descriptions of both the preliminary development area and the total proposed development area and shall specifically describe the preliminary development in terms of magnitude and location. The area approved for preliminary development must be included in the application for development approval and shall be subject to the terms and conditions of the final development order. 4. The preliminary development shall be limited to lands that the state land planning agency agrees are suitable for development and shall only be allowed in areas where adequate public infrastructure exists to accommodate the preliminary development, when such development will http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 8 of 27 utilize public infrastructure. The developer must also demonstrate that the preliminary development will not result in material adverse impacts to existing resources or existing or planned facilities. 5. The preliminary development agreement may allow development which is: a. Less than or equal to 80 percent of any applicable threshold if the developer demonstrates that such development is consistent with subparagraph 4.; or b. Less than 120 percent of any applicable threshold if the developer demonstrates that such development is part of a proposed downtown development of regional impact specified in subsection (22) or part of any areawide development of regional impact specified in subsection (25) and that the development is consistent with subparagraph 4. 6. The developer and owners of the land may not claim vested rights, or assert equitable estoppel, arising from the agreement or any expenditures or actions taken in reliance on the agreement to continue with the total proposed development beyond the preliminary development. The agreement shall not entitle the developer to a final development order approving the total proposed development or to particular conditions in a final development order. 7. The agreement shall not prohibit the regional planning agency from reviewing or commenting on any regional Issue that the regional agency determines should be included in the regional • agency's report on the application for development approval. 8. The agreement shall include a disclosure by the developer and all the owners of the land in the total proposed development of all land or development within 5 miles of the total proposed development in which they have an interest and shall describe such interest. 9. In the event of a breach of the agreement or failure to comply with any condition of the agreement, or if the agreement was based on materially inaccurate information, the state land planning agency may terminate the agreement or file suit to enforce the agreement as provided in this section and s. 380.11, including a suit to enjoin all development. 10. A notice of the preliminary development agreement shall be recorded by the developer in accordance with s. 28.222 with the clerk of the circuit court for each county in which land covered by the terms of the agreement is located. The notice shall include a legal description of the land covered by the agreement and shall state the parties to the agreement, the date of adoption of the agreement and any subsequent amendments, the location where the agreement may be examined, and that the agreement constitutes a land development regulation applicable to portions of the land covered by the agreement. The provisions of the agreement shall inure to the benefit of and be binding upon successors and assigns of the parties in the agreement. 11. Except for those agreements which authorize preliminary development for substantial deviations pursuant to subsection (19), a developer who no longer wishes to pursue a development of regional impact may propose to abandon any preliminary development agreement executed after January 1, 1985, including those pursuant to s. 380-02(3), provided at the time of abandonment: a. A final development order under this section has been rendered that approves all of the development actually constructed; or b. The amount of development is Tess than 80 percent of all numerical thresholds of the guidelines and standards, and the state land planning agency determines in writing that the development to date is in compliance with all applicable local regulations and the terns and conditions of the preliminary development agreement and otherwise adequately mitigates for the impacts of the development to date. In either event, when a developer proposes to abandon said agreement, the developer shall give written notice and state that he or she is no longer proposing a development of regional impact http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&l... 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 9 of 27 and provide adequate documentation that he or she has met the criteria for abandonment of the agreement to the state land planning agency. Within 30 days of receipt of adequate documentation of such notice, the state land planning agency shall make its determination as to whether or not the developer meets the criteria for abandonment. Once the state land planning agency determines that the developer meets the criteria for abandonment, the state land planning agency shall issue a notice of abandonment which shall be recorded by the developer in accordance with s. 28.222 with the clerk of the circuit court for each county in which land covered by the terms of the agreement is located. (b) The state land planning agency may enter into other types of agreements to effectuate the provisions of this act as provided in s. 380 032. (c) The provisions of this subsection shall also be available to a developer who chooses to seek development approval of a Florida Quality Development pursuant to s. 3 0 Q61. (9) CONCEPTUAL AGENCY REVIEW.-- (a)1. In order to facilitate the planning and preparation of permit applications for projects that undergo development -of -regional -impact review, and in order to coordinate the information required to issue such permits, a developer may elect to request conceptual agency review under this subsection either concurrently with development -of -regional -impact review and comprehensive plan amendments, if applicable, or subsequent to a preapplication conference held pursuant to subsection (7). 2. "Conceptual agency review" means general review of the proposed location, densities, intensity of use, character, and major design features of a proposed development required to undergo review under this section for the purpose of considering whether these aspects of the proposed development comply with the issuing agency's statutes and rules. 3. Conceptual agency review is a licensing action subject to chapter 120, and approval or denial constitutes final agency action, except that the 90-day time period specified in s. 120.60(1) shall be tolled for the agency when the affected regional planning agency requests information from the developer pursuant to paragraph (10)(b). If proposed agency action on the conceptual approval is the subject of a proceeding under ss. 120,569 and 120,57, final agency action shall be conclusive as to any issues actually raised and adjudicated in the proceeding, and such issues may not be raised in any subsequent proceeding under ss. 1.20.5 9 and 120.57 on the proposed development by any parties to the prior proceeding. 4. A conceptual agency review approval shall be valid for up to 10 years, unless otherwise provided in a state or regional agency rule, and may be reviewed and reissued for additional periods of time under procedures established by the agency. (b) The Department of Environmental Protection, each water management district, and each other state or regional agency that requires construction or operation permits shall establish by rule a set of procedures necessary for conceptual agency review for the following permitting activities within their respective regulatory jurisdictions: 1. The construction and operation of potential sources of water pollution, including industrial wastewater, domestic wastewater, and stormwater. 2. Dredging and filling activities. 3. The management and storage of surface waters. 4. The construction and operation of works of the district, only if a conceptual agency review approval is requested under subparagraph 3. Any state or regional agency may establish rules for conceptual agency review for any other http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=Display_Statute&Search_String=&t.. 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 10 of 27 permitting activities within its respective regulatory jurisdiction. (c)1. Each agency participating in conceptual agency reviews shall determine and establish by rule its information and application requirements and furnish these requirements to the state land planning agency and to any developer seeking conceptual agency review under this subsection. 2. Each agency shall cooperate with the state land planning agency to standardize, to the extent possible, review procedures, data requirements, and data collection methodologies among all participating agencies, consistent with the requirements of the statutes that establish the permitting programs for each agency. (d) At the conclusion of the conceptual agency review, the agency shall give notice of its proposed agency action as required by s. 120.60(3) and shall forward a copy of the notice to the appropriate regional planning council with a report setting out the agency's conclusions on potential development impacts and stating whether the agency intends to grant conceptual approval, with or without conditions, or to deny conceptual approval. If the agency intends to deny conceptual approval, the report shall state the reasons therefor. The agency may require the developer to publish notice of proposed agency action in accordance with s. 403.815. (e) An agency's decision to grant conceptual approval shall not relieve the developer of the requirement to obtain a permit and to meet the standards for issuance of a construction or operation permit or to meet the agency's information requirements for such a permit. Nevertheless, there shall be a rebuttable presumption that the developer is entitled to receive a construction or operation permit for an activity for which the agency granted conceptual review approval, to the extent that the project for which the applicant seeks a permit is in accordance with the conceptual approval and with the agency's standards and criteria for issuing a construction or operation permit. The agency may revoke or appropriately modify a valid conceptual approval if the agency shows: 1. That an applicant or his or her agent has submitted materially false or inaccurate information in the application for conceptual approval; 2. That the developer has violated a condition of the conceptual approval; or 3. That the development will cause a violation of the agency's applicable laws or rules. (f) Nothing contained in this subsection shall modify or abridge the law of vested rights or estoppel. (g) Nothing contained in this subsection shall be construed to preclude an agency from adopting rules for conceptual review for developments which are not developments of regional impact. (10) APPLICATION; SUFFICIENCY. -- (a) When an application for development approval is filed with a local government, the developer shall also send copies of the application to the appropriate regional planning agency and the state land planning agency. (b) If a regional planning agency determines that the application for development approval is insufficient for the agency to discharge its responsibilities under subsection (12), it shall provide in writing to the appropriate local government and the applicant a statement of any additional information desired within 30 days of the receipt of the application by the regional planning agency. The applicant may supply the information requested by the regional planning agency and shall communicate its intention to do so in writing to the appropriate local government and the regional planning agency within 5 working days of the receipt of the statement requesting such information, or the applicant shall notify the appropriate local government and the regional planning agency in writing that the requested information will not be supplied. Within 30 days after receipt of such additional information, the regional planning agency shall review It and may http://www.Ieg. state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 11 of 27 request only that information needed to clarify the additional information or to answer new questions raised by, or directly related to, the additional information. The regional planning agency may request additional information no more than twice, unless the developer waives this limitation. If an applicant does not provide the information requested by a regional planning agency within 120 days of its request, or within a time agreed upon by the applicant and the regional planning agency, the application shall be considered withdrawn. (c) The regional planning agency shall notify the local government that a public hearing date may be set when the regional planning agency determines that the application is sufficient or when it receives notification from the developer that the additional requested information will not be supplied, as provided for in paragraph (b). (11) LOCAL NOTICE. --Upon receipt of the sufficiency notification from the regional planning agency required by paragraph (10)(c), the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. When a development of regional impact is proposed within the jurisdiction of more than one local government, the local governments, at the request of the developer, may hold a joint public hearing. The local government shall comply with the following additional requirements: (a) The notice of public hearing shall state that the proposed development is undergoing a development -of -regional -impact review. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development -of -regional -impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or regional permitting agency participating in a conceptual agency review process under subsection (9), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. (d) A public hearing date shall be set by the appropriate local government at the next scheduled meeting. The public hearing shall be held no later than 90 days after issuance of notice by the regional planning agency that a public hearing may be set, unless an extension is requested by the applicant. (12) REGIONAL REPORTS. -- (a) Within 50 days after receipt of the notice of public hearing required in paragraph (11)(c), the regional planning agency, if one has been designated for the area including the local government, shall prepare and submit to the local government a report and recommendations on the regional impact of the proposed development. In preparing its report and recommendations, the regional planning agency shall identify regional issues based upon the following review criteria and make recommendations to the local government on these regional issues, specifically considering whether, and the extent to which: 1. The development will have a favorable or unfavorable impact on state or regional resources or facilities identified in the applicable state or regional plans. For the purposes of this subsection, "applicable state plan" means the state comprehensive plan. For the purposes of this subsection, "applicable regional plan" means an adopted comprehensive regional policy plan until the adoption of a strategic regional policy plan pursuant to s. 186.508, and thereafter means an adopted strategic regional policy plan. 2. The development will significantly impact adjacent jurisdictions. At the request of the appropriate local government, regional planning agencies may also review and comment upon issues that affect only the requesting local govemment. http://www.leg.state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 12 of 27 3. As one of the issues considered in the review in subparagraphs 1. and 2., the development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. The determination should take into account information on factors that are relevant to the availability of reasonably accessible adequate housing. Adequate housing means housing that is available for occupancy and that is not substandard. (b) At the request of the regional planning agency, other appropriate agencies shall review the proposed development and shall prepare reports and recommendations on issues that are clearly within the jurisdiction of those agencies. Such agency reports shall become part of the regional planning agency report; however, the regional planning agency may attach dissenting views. When water management district and Department of Environmental Protection permits have been issued pursuant to chapter 373 or chapter 403, the regional planning council may comment on the regional implications of the permits but may not offer conflicting recommendations. (c) The regional planning agency shall afford the developer or any substantially affected party reasonable opportunity to present evidence to the regional planning agency head relating to the proposed regional agency report and recommendations. (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN. --If the development is in an area of critical state concern, the local government shall approve it only if it complies with the land development regulations therefor under s. 380.05 and the provisions of this section. The provisions of this section shall not apply to developments in areas of critical state concern which " had pending applications and had been noticed or agendaed by local government after September 1, 1985, and before October 1, 1985, for development order approval. In all such cases, the state land planning agency may consider and address applicable regional issues contained in subsection (12) as part of its area -of -critical -state -concern review pursuant to ss. 380.05, 380.07, and 380.11. (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN. --If the development is not located in an area of critical state concern, in considering whether the development shall be approved, denied, or approved subject to conditions, restrictions, or limitations, the local government shall consider whether, and the extent to which: (a) The development is consistent with the local comprehensive plan and local land development regulations; (b) The development is consistent with the report and recommendations of the regional planning agency submitted pursuant to subsection (12); and (c) The development is consistent with the State Comprehensive Plan. In consistency determinations the plan shall be construed and applied in accordance with s. 187.101(3). (15) LOCAL GOVERNMENT DEVELOPMENT ORDER. -- (a) The appropriate local govemment shall render a decision on the application within 30 days after the hearing unless an extension is requested by the developer. (b) When possible, local governments shall issue development orders concurrently with any other local permits or development approvals that may be applicable to the proposed development. (c) The development order shall include findings of fact and conclusions of law consistent with subsections (13) and (14). The development order: 1. Shall specify the monitoring procedures and the local official responsible for assuring compliance by the developer with the development order. 2. Shall establish compliance dates for the development order, including a deadline for commencing physical development and for compliance with conditions of approval or phasing http://www.leg.state.fl.us/Statutes/index.cfrn?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 13 of 27 requirements, and shall include a termination date that reasonably reflects the time required to complete the development. 3. Shall establish a date until which the local government agrees that the approved development of regional impact shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the change is clearly established by local government to be essential to the public health, safety, or welfare. 4. Shall specify the requirements for the annual report designated under subsection (18), including the date of submission, parties to whom the report is submitted, and contents of the report, based upon the rules adopted by the state land planning agency. Such rules shall specify the scope of any additional local requirements that may be necessary for the report. 5. May specify the types of changes to the development which shall require submission for a substantial deviation determination under subsection (19). 6. Shall include a legal description of the property. (d) Conditions of a development order that require a developer to contribute land for a public facility or construct, expand, or pay for land acquisition or construction or expansion of a public facility, or portion thereof, shall meet the following criteria: 1. The need to construct new facilities or add to the present system of public facilities must be reasonably attributable to the proposed development. 2. Any contribution of funds, land, or public facilities required from the developer shall be comparable to the amount of funds, land, or public facilities that the state or the local government would reasonably expect to expend or provide, based on projected costs of comparable projects, to mitigate the impacts reasonably attributable to the proposed development. 3. Any funds or lands contributed must be expressly designated and used to mitigate impacts reasonably attributable to the proposed development. 4. Construction or expansion of a public facility by a nongovernmental developer as a condition of a development order to mitigate the impacts reasonably attributable to the proposed development is not subject to competitive bidding or competitive negotiation for selection of a contractor or design professional for any part of the construction or design unless required by the local government that issues the development order. (e)1. Effective July 1, 1986, a local government shall not include, as a development order condition for a development of regional impact, any requirement that a developer contribute or pay for land acquisition or construction or expansion of public facilities or portions thereof unless the local government has enacted a local ordinance which requires other development not subject to this section to contribute its proportionate share of the funds, land, or public facilities necessary to accommodate any impacts having a rational nexus to the proposed development, and the need to construct new facilities or add to the present system of public facilities must be reasonably attributable to the proposed development. 2. -A local government shall not approve a development of regional impact that does not make adequate provision for the public facilities needed to accommodate the impacts of the proposed development unless the local government includes in the development order a commitment by the local government to provide these facilities consistently with the development schedule approved in the development order; however, a local government's failure to meet the requirements of subparagraph 1. and this subparagraph shall not preclude the issuance of a development order where adequate provision is made by the developer for the public facilities needed to accommodate the impacts of the proposed development. Any funds or lands contributed by a developer must be expressly designated and used to accommodate impacts reasonably http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 14 of 27 attributable to the proposed development. 3. The Department of Community Affairs and other state and regional agencies involved in the administration and implementation of this act shall cooperate and work with units of local government in preparing and adopting local impact fee and other contribution ordinances. (f) Notice of the adoption of a development order or the subsequent amendments to an adopted development order shall be recorded by the developer, in accordance with s. 28.222, with the clerk of the circuit court for each county in which the development is located. The notice shall include a legal description of the property covered by the order and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any amendments to the development order, the location where the adopted order with any amendments may be examined, and that the development order constitutes a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such lien, cloud, or encumbrance. This paragraph applies only to developments Initially approved under this section after July 1, 1980. (g) A local government shall not issue permits for development subsequent to the termination date or expiration date contained in the development order unless: 1. The proposed development has been evaluated cumulatively with existing development under the substantial deviation provisions of subsection (19) subsequent to the termination or expiration date; 2. The proposed development is consistent with an abandonment of development order that has been issued in accordance with the provisions of subsection (26); or 3. The project has been determined to be an essentially built -out development of regional impact through an agreement executed by the developer, the state land planning agency, and the local government, in accordance with s. 380.032, which will establish the terms and conditions under which the development may be continued. If the project is determined to be essentially built -out, development may proceed pursuant to the s. 380.032 agreement after the termination or expiration date contained in the development order without further development -of -regional - impact review subject to the local government comprehensive plan and land development regulations or subject to a modified development -of -regional -impact analysis. As used in this paragraph, an "essentially built -out" development of regional impact means: a. The development is in compliance with all applicable terms and conditions of the development order except the built -out date; and b.(I) The amount of development that remains to be built is less than the substantial deviation threshold specified in paragraph (19)(b) for each individual land use category, or, for a multiuse development, the sum total of all unbuilt land uses as a percentage of the applicable substantial deviation threshold is equal to or less than 100 percent; or (II) The state land planning agency and the local government have agreed in writing that the amount of development to be built does not create the likelihood of any additional regional impact not previously reviewed. (h) If the property is annexed by another local jurisdiction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior development order. (16) CREDITS AGAINST LOCAL IMPACT FEES. -- (a) If the development order requires the developer to contribute land or a public facility or construct, expand, or pay for land acquisition or construction or expansion of a public facility, or http://www.leg. state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 15 of 27 portion thereof, and the developer is also subject by local ordinance to impact fees or exactions to meet the same needs, the local government shall establish and implement a procedure that credits a development order exaction or fee toward an impact fee or exaction imposed by local ordinance for the same need; however, if the Florida Land and Water Adjudicatory Commission imposes any additional requirement, the local government shall not be required to grant a credit toward the local exaction or impact fee unless the local government determines that such required contribution, payment, or construction meets the same need that the local exaction or impact fee would address. The nongovernmental developer need not be required, by virtue of this credit, to competitively bid or negotiate any part of the construction or design of the facility, unless otherwise requested by the local government. (b) If the local government imposes or increases an impact fee or exaction by local ordinance after a development order has been issued, the developer may petition the local government, and the local government shall modify the affected provisions of the development order to give the developer credit for any contribution of land for a public facility, or construction, expansion, or contribution of funds for land acquisition or construction or expansion of a public facility, or a portion thereof, required by the development order toward an impact fee or exaction for the same need. (c) The local government and the developer may enter into capital contribution front -ending agreements as part of a development -of -regional -impact development order to reimburse the developer, or the developer's successor, for voluntary contributions paid in excess of his or her fair share. (d) This subsection does not apply to internal, onsite facilities required by local regulations or to any offsite facilities to the extent such facilities are necessary to provide safe and adequate services to the development. (17) LOCAL MONITORING. --The local government issuing the development order is primarily responsible for monitoring the development and enforcing the provisions of the development order. Local governments shall not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order. (18) ANNUAL REPORTS. --The developer shall submit an annual report on the development of regional impact to the local government, the regional planning agency, the state land planning agency, and all affected permit agencies on the date specified in the development order. If the annual report is not received, the regional planning agency or the state land planning agency shall notify the local government. If the local government does not receive the annual report or receives notification that the regional planning agency or the state land planning agency has not received the report, the local government shall request in writing that the developer submit the report within 30 days. The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government. (19) SUBSTANTIAL DEVIATIONS. -- (a) Any proposed change to a previously approved development which creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency, shall constitute a substantial deviation and shall cause the development to be subject to further development -of -regional -Impact review. There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions. The procedures set forth in this subsection are for that purpose. (b) Any proposed change to a previously approved development of regional Impact or development order condition which, either individually or cumulatively with other changes, exceeds any of the following criteria shall constitute a substantial deviation and shall cause the development to be subject to further development -of -regional -impact review without the necessity for a finding of same by the local government: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 16 of 27 1. An increase in the number of parking spaces at an attraction or recreational facility by 5 percent or 300 spaces, whichever is greater, or an increase in the number of spectators that may be accommodated at such a facility by 5 percent or 1,000 spectators, whichever is greater. 2. A new runway, a new terminal facility, a 25-percent lengthening of an existing runway, or a 25-percent increase in the number of gates of an existing terminal, but only if the increase adds at least three additional gates. However, if an airport is located in two counties, a 10-percent lengthening of an existing runway or a 20-percent increase in the number of gates of an existing terminal is the applicable criteria. 3. An increase in the number of hospital beds by 5 percent or 60 beds, whichever is greater. 4. An increase in industrial development area by 5 percent or 32 acres, whichever is greater. 5. An increase in the average annual acreage mined by 5 percent or 10 acres, whichever is greater, or an increase in the average daily water consumption by a mining operation by 5 percent or 300,000 gallons, whichever is greater. An increase in the size of the mine by 5 percent or 750 acres, whichever is less. 6. An increase in land area for office development by 5 percent or 6 acres, whichever is greater, or an increase of gross floor area of office development by 5 percent or 60,000 gross square feet, whichever is greater. 7. An increase in the storage capacity for chemical or petroleum storage facilities by 5 percent, 20,000 barrels, or 7 million pounds, whichever is greater. 8. An increase of development at a waterport of wet storage for 20 watercraft, dry storage for 30 watercraft, or wet/dry storage for 60 watercraft in an area identified in the state marina siting plan as an appropriate site for additional waterport development or a 5-percent increase in watercraft storage capacity, whichever is greater. 9. An increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever is greater. 10. An increase in commercial development by 6 acres of land area or by 50,000 square feet of gross floor area, or of parking spaces provided for customers for 300 cars or a 5-percent increase of any of these, whichever is greater. 11. An increase in hotel or motel facility units by 5 percent or 75 units, whichever is greater. 12. An increase in a recreational vehicle park area by 5 percent or 100 vehicle spaces, whichever is less. 13. A decrease in the area set aside for open space of 5 percent or 20 acres, whichever is less. 14. A proposed increase to an approved multiuse development of regional impact where the sum of the increases of each land use as a percentage of the applicable substantial deviation criteria is equal to or exceeds 100 percent. The percentage of any decrease in the amount of open space shall be treated as an increase for purposes of determining when 100 percent has been reached or exceeded. 15. A 15-percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development -of -regional -impact review. 16. Any change which would result in development of any area which was specifically set aside in the application for development approval or in the development order for preservation or special protection of endangered or threatened plants or animals designated as endangered, threatened, http://www.leg.state. fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 17 of 27 or species of special concern and their habitat, primary dunes, or archaeological and historical sites designated as significant by the Division of Historical Resources of the Department of State. The further refinement of such areas by survey shall be considered under sub -subparagraph (e) 5.b. The substantial deviation numerical standards in subparagraphs 4., 6., 10., 14., excluding residential uses, and 15., are increased by 100 percent for a project certified under s. 4a3.973 which creates jobs and meets criteria established by the Office of Tourism, Trade, and Economic Development as to its impact on an area's economy, employment, and prevailing wage and skill levels. The substantial deviation numerical standards in subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50 percent for a project located wholly within an urban infill and redevelopment area designated on the applicable adopted local comprehensive plan future land use map and not located within the coastal high hazard area. (c) An extension of the date of buildout of a development, or any phase thereof, by 7 or more years shall be presumed to create a substantial deviation subject to further development -of - regional -impact review. An extension of the date of buildout, or any phase thereof, of 5 years or more but Tess than 7 years shall be presumed not to create a substantial deviation. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of less than 5 years is not a substantial deviation. For the purpose of calculating when a buildout, phase, or termination date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof by a like period of time. (d) A change in the plan of development of an approved development of regional impact resulting from requirements imposed by the Department of Environmental Protection or any water management district created by s. 373.069 or any of their successor agencies or by any appropriate federal regulatory agency shall be submitted to the local govemment pursuant to this subsection. The change shall be presumed not to create a substantial deviation subject to further development -of -regional -impact review. The presumption may be rebutted by clear and convincing evidence at the public hearing held by the local government. (e)1. A proposed change which, either individually or, if there were previous changes, cumulatively with those changes, is equal to or exceeds 40 percent of any numerical criterion in subparagraphs (b)1.-15., but which does not exceed such criterion, shall be presumed not to create a substantial deviation subject to further development -of -regional -impact review. The presumption may be rebutted by clear and convincing evidence at the public hearing held by the local government pursuant to subparagraph (f)5. 2. Except for a development order rendered pursuant to subsection (22) or subsection (25), a proposed change to a development order that individually or cumulatively with any previous change is less than 40 percent of any numerical criterion contained in subparagraphs (b)1.-15. and does not exceed any other criterion, or that involves an extension of the buildout date of a development, or any phase thereof, of less than 5 years is not subject to the public hearing requirements of subparagraph (f)3., and is not subject to a determination pursuant to subparagraph (f)5. Notice of the proposed change shall be made to the regional planning council and the state land planning agency. Such notice shall include a description of previous individual changes made to the development, including changes previously approved by the local government, and shall include appropriate amendments to the development order. The following changes, individually or cumulatively with any previous changes, are not substantial deviations: a. Changes in the name of the project, developer, owner, or monitoring official. b. Changes to a setback that do not affect noise buffers, environmental protection or mitigation areas, or archaeological or historical resources. c. Changes to minimum lot sizes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&I... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 18 of 27 d. Changes in the configuration of internal roads that do not affect extemal access points. e. Changes to the building design or orientation that stay approximately within the approved area designated for such building and parking lot, and which do not affect historical buildings designated as significant by the Division of Historical Resources of the Department of State. f. Changes to increase the acreage in the development, provided that no development is proposed on the acreage to be added. g. Changes to eliminate an approved land use, provided that there are no additional regional impacts. h. Changes required to conform to permits approved by any federal, state, or regional permitting agency, provided that these changes do not create additional regional impacts. i. Any other change which the state land planning agency agrees in writing is similar in nature, impact, or character to the changes enumerated in sub -subparagraphs a.-h. and which does not create the likelihood of any additional regional impact. This subsection does not require a development order amendment for any change listed in sub - subparagraphs a.-i. unless such issue is addressed either in the existing development order or in. the application for development approval, but, in the case of the application, only if, and in the manner in which, the application is incorporated in the development order. 3. Except for the change authorized by sub -subparagraph 2.f., any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 4. Any submittal of a proposed change to a previously approved development shall include a description of individual changes previously made to the development, including changes previously approved by the local government. The local government shall consider the previous and current proposed changes in deciding whether such changes cumulatively constitute a substantial deviation requiring further development -of -regional -impact review. 5. The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence. a. A change proposed for 15 percent or more of the acreage to a land use not previously approved in the development order. Changes of less than 15 percent shall be presumed not to create a substantial deviation. b. Except for the types of uses listed in subparagraph (b)16., any change which would result in the development of any area which was specifically set aside in the application for development approval or in the development order for preservation, buffers, or special protection, including habitat for plant and animal species, archaeological and historical sites, dunes, and other special areas. c. Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with three or more uses specified in s. 380 065,1(3)(c), (d), (f), and (g) and residential use. (f)1. The state land planning agency shall establish by rule standard forms for submittal of proposed changes to a previously approved development of regional impact which may require further development -of -regional -impact review. At a minimum, the standard form shall require the developer to provide the precise language that the developer proposes to delete or add as an http://www.1eg. state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&l.. 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 19 of 27 amendment to the development order. 2. The developer shall submit, simultaneously, to the local government, the regional planning agency, and the state land planning agency the request for approval of a proposed change. 3. No sooner than 30 days but no later than 45 days after submittal by the developer to the local government, the state land planning agency, and the appropriate regional planning agency, the local government shall give 15 days' notice and schedule a public hearing to consider the change that the developer asserts does not create a substantial deviation. This public hearing shall be held within 90 days after submittal of the proposed changes, unless that time is extended by the developer. 4. The appropriate regional planning agency or the state land planning agency shall review the proposed change and, no later than 45 days after submittal by the developer of the proposed change, unless that time is extended by the developer, and prior to the public hearing at which the proposed change is to be considered, shall advise the local government in writing whether it objects to the proposed change, shall specify the reasons for its objection, if any, and shall provide a copy to the developer. A change which is subject to the substantial deviation criteria specified in sub -subparagraph (e)5.c. shall not be subject to this requirement. 5. At the public hearing, the local government shall determine whether the proposed change _ requires further development -of -regional -impact review. The provisions of paragraphs (a) and (e), the thresholds set forth in paragraph (b), and the presumptions set forth in paragraphs (c) and (d) and subparagraphs (e)1. and 3. shall be applicable in determining whether further development - of -regional -impact review is required. 6. If the local government determines that the proposed change does not require further development -of -regional -impact review and is otherwise approved, or if the proposed change is not subject to a hearing and determination pursuant to subparagraphs 3. and 5. and is otherwise approved, the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change. The decision of the local government to approve, with or without conditions, or to deny the proposed change that the developer asserts does not require further review shall be subject to the appeal provisions of s. 380.07. However, the state land planning agency may not appeal the local government decision if it did not comply with subparagraph 4. The state land planning agency may not appeal a change to a development order made pursuant to subparagraph (e)2. for developments of regional impact approved after January 1, 1980, unless the change would result in a significant impact to a regionally significant archaeological, historical, or natural resource not previously identified in the original development -of -regional -impact review. (g) If a proposed change requires further development -of -regional -impact review pursuant to this section, the review shall be conducted subject to the following additional conditions: 1. The development -of -regional -impact review conducted by the appropriate regional planning agency shall address only those issues raised by the proposed change except as provided in subparagraph 2. 2. The regional planning agency shall consider, and the local government shall determine whether to approve, approve with conditions, or deny the proposed change as it relates to the entire development. If the local government determines that the proposed change, as it relates to the entire development, is unacceptable, the local government shall deny the change. 3. If the local government determines that the proposed change, as it relates to the entire development, should be approved, any new conditions in the amendment to the development order issued by the local government shall address only those issues raised by the proposed change. 4. Development within the previously approved development of regional impact may continue, as approved, during the development -of -regional -impact review in those portions of the development http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&l.. 1 /27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 20 of 27 which are not affected by the proposed change. (h) When further development -of -regional -impact review is required because a substantial deviation has been determined or admitted by the developer, the amendment to the development order issued by the local government shall be consistent with the requirements of subsection (15) and shall be subject to the hearing and appeal provisions of s. 380.07. The state land planning agency or the appropriate regional planning agency need not participate at the local hearing in order to appeal a local government development order issued pursuant to this paragraph. (20) VESTED RIGHTS. --Nothing in this section shall limit or modify the rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498, by recordation pursuant to local subdivision plat law, or by a building permit or other authorization to commence development on which there has been reliance and a change of position and which registration or recordation was accomplished, or which permit or authorization was issued, prior to July 1, 1973. If a developer has, by his or her actions in reliance on prior regulations, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer's interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (a) For the purpose of determining the vesting of rights under this subsection, approval pursuant to local subdivision plat law, ordinances, or regulations of a subdivision plat by formal vote of a county or municipal governmental body having jurisdiction after August 1, 1967, and prior to July 1, 1973, is sufficient to vest all property rights for the purposes of this subsection; and no action in reliance on, or change of position concerning, such local governmental approval is required for vesting to take place. Anyone claiming vested rights under this paragraph must so notify the department in writing by January 1, 1986. Such notification shall include information adequate to document the rights established by this subsection. When such notification requirements are met, in order for the vested rights authorized pursuant to this paragraph to remain valid after June 30, 1990, development of the vested plan must be commenced prior to that date upon the property that the state land planning agency has determined to have acquired vested rights following the notification or in a binding letter of interpretation. When the notification requirements have not been met, the vested rights authorized by this paragraph shall expire June 30, 1986, unless development commenced prior to that date. (b) For the purpose of this act, the conveyance of, or the agreement to convey, property to the county, state, or local government as a prerequisite to zoning change approval shall be construed as an act of reliance to vest rights as determined under this subsection, provided such zoning change is actually granted by such govemment. (21) COMPREHENSIVE APPLICATION; MASTER PLAN DEVELOPMENT ORDER. -- (a) If a development project includes two or more developments of regional impact, a developer may file a comprehensive development -of -regional -impact application. (b) If a proposed development is planned for development over an extended period of time, the developer may file an application for master development approval of the project and agree to present subsequent increments of the development for preconstruction review. This agreement shall be entered into by the developer, the regional planning agency, and the appropriate local government having jurisdiction. The provisions of subsection (9) do not apply to this subsection, except that a developer may elect to utilize the review process established in subsection (9) for review of the increments of a master plan. 1. Prior to adoption of the master plan development order, the developer, the landowner, the appropriate regional planning agency, and the local government having jurisdiction shall review the draft of the development order to ensure that anticipated regional impacts have been adequately addressed and that information requirements for subsequent incremental application review are clearly defined. The development order for a master application shall specify the information which must be submitted with an incremental application and shall identify those issues which can result in the denial of an incremental application. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=W... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 21 of 27 2. The review of subsequent incremental applications shall be limited to that information specifically required and those issues specifically raised by the master development order, unless substantial changes in the conditions underlying the approval of the master plan development order are demonstrated or the master development order is shown to have been based on substantially inaccurate information. (c) The state land planning agency, by rule, shall establish uniform procedures to implement this subsection. (22) DOWNTOWN DEVELOPMENT AUTHORITIES. -- (a) A downtown development authority may submit a development -of -regional -impact application for development approval pursuant to this section.. The area described in the application may consist of any or all of the land over which a downtown development authority has the power described in s. 380,031(5). For the purposes of this subsection, a downtown development authority shall be considered the developer whether or not the development will be undertaken by the downtown development authority. (b) In addition to information required by the development -of -regional -impact application, the application for development approval submitted by a downtown development authority shall specify the total amount of development planned for each land use category. In addition to the requirements of subsection (15), the development order shall specify the amount of development approved within each land use category. Development undertaken in conformance with a development order issued under this section does not require further review. (c) If a development is proposed within the area of a downtown development plan approved pursuant to this section which would result in development in excess of the amount specified in the development order for that type of activity, changes shall be subject to the provisions of subsection (19), except that the percentages and numerical criteria shall be double those listed in paragraph (19)(b). (d) The provisions of subsection (9) do not apply to this subsection. (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY. -- (a) The state land planning agency shall adopt rules to ensure uniform review of developments of regional impact by the state land planning agency and regional planning agencies under this section. These rules shall be adopted pursuant to chapter 120 and shall include all forms, application content, and review guidelines necessary to implement development -of -regional - impact reviews. The state land planning agency, in consultation with the regional planning agencies, may also designate types of development or areas suitable for development in which reduced information requirements for development -of -regional -impact review shall apply. (b) Regional planning agencies shall be subject to rules adopted by the state land planning agency. At the request of a regional planning council, the state land planning agency may adopt by rule different standards for a specific comprehensive planning district upon a finding that the statewide standard is inadequate to protect or promote the regional interest at issue. If such a regional standard is adopted by the state land planning agency, the regional standard shall be applied to all pertinent development -of -regional -impact reviews conducted in that region until rescinded. (c) Within 6 months of the effective date of this section, the state land planning agency shall adopt rules which: 1. Establish uniform statewide standards for development -of -regional -impact review. 2. Establish a short application for development approval form which eliminates issues and questions for any project in a jurisdiction with an adopted local comprehensive plan that is in http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&l.. I/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 22 of 27 compliance. (d) Regional planning agencies that perform development -of -regional -impact and Florida Quality Development review are authorized to assess and collect fees to fund the costs, direct and indirect, of conducting the review process. The state land planning agency shall adopt rules to provide uniform criteria for the assessment and collection of such fees. The rules providing uniform criteria shall not be subject to rule challenge under s. 120.56(2) or to drawout proceedings under s. 120.54(3)(c)2., but, once adopted, shall be subject to an invalidity challenge under s 120.56(3) by substantially affected persons. Until the state land planning agency adopts a rule implementing this paragraph, rules of the regional planning councils currently in effect regarding fees shall remain in effect. Fees may vary in relation to the type and size of a proposed project, but shall not exceed $75,000, unless the state land planning agency, after reviewing any disputed expenses charged by the regional planning agency, determines that said expenses were reasonable and necessary for an adequate regional review of the impacts of a project. (24) STATUTORY EXEMPTIONS. -- (a) Any proposed hospital which has a designed capacity of not more than 100 beds is exempt from the provisions of this section. (b) Any proposed electrical transmission line or electrical power plant is exempt from the provisions of this section, except any steam or solar electrical generating facility of less than 50 megawatts in capacity attached to a development of regional impact. (c) Any proposed addition to an existing sports facility complex is exempt from the provisions of this section if the addition meets the following characteristics: 1. It would not operate concurrently with the scheduled hours of operation of the existing facility. 2. Its seating capacity would be no more than 75 percent of the capacity of the existing facility. 3. The sports facility complex property is owned by a public body prior to July 1, 1983. This exemption does not apply to any pari-mutuel facility. (d) Any proposed addition or cumulative additions subsequent to July 1, 1988, to an existing sports facility complex owned by a state university is exempt if the increased seating capacity of the complex is no more than 30 percent of the capacity of the existing facility. (e) Any addition of permanent seats or parking spaces for an existing sports facility located on property owned by a public body prior to July 1, 1973, is exempt from the provisions of this section if future additions do not expand existing permanent seating or parking capacity more than 15 percent annually in excess of the prior year's capacity. (f) Any increase in the seating capacity of an existing sports facility having a permanent seating capacity of at least 50,000 spectators is exempt from the provisions of this section, provided that such an increase does not increase permanent seating capacity by more than 5 percent per year and not to exceed a total of 10 percent in any 5-year period, and provided that the sports facility notifies the appropriate local government within which the facility is located of the increase at least 6 months prior to the initial use of the Increased seating, in order to permit the appropriate local government to develop a traffic management plan for the traffic generated by the increase. Any traffic management plan shall be consistent with the local comprehensive plan, the regional policy plan, and the state comprehensive plan. (g) Any expansion in the permanent seating capacity or additional improved parking facilities of an existing sports facility is exempt from the provisions of this section, if the following conditions exist: http://www.leg.state.fl.us/Statutes/index.cfrn?App_mode=Display_Statute&Search String=&l... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 23 of 27 1.a. The sports facility had a permanent seating capacity on January 1, 1991, of at least 41,000 spectator seats; b. The sum of such expansions in permanent seating capacity does not exceed a total of 10 percent in any 5-year period and does not exceed a cumulative total of 20 percent for any such expansions; or c. The increase in additional improved parking facilities is a one-time addition and does not exceed 3,500 parking spaces serving the sports facility; and 2. The local government having jurisdiction of the sports facility includes in the development order or development permit approving such expansion under this paragraph a finding of fact that the proposed expansion is consistent with the transportation, water, sewer and stormwater drainage provisions of the approved local comprehensive plan and local land development regulations relating to those provisions. Any owner or developer who intends to rely on this statutory exemption shall provide to the department a copy of the local government application for a development permit. Within 45 days of receipt of the application, the department shall render to the local government an advisory and nonbinding opinion, in writing, stating whether, in the department's opinion, the prescribed conditions exist for an exemption under this paragraph. The local government shall render the development order approving each such expansion to the department. The owner, developer, or _ department may appeal the local government development order pursuant to s. 380.07, within 45 days after the order is rendered. The scope of review shall be limited to the determination of whether the conditions prescribed in this paragraph exist. If any sports facility expansion undergoes development of regional impact review, all previous expansions which were exempt under this paragraph shall be included in the development of regional impact review. (h) Expansion to port harbors, spoil disposal sites, navigation channels, turning basins, harbor berths, and other related inwater harbor facilities of ports listed in s. 403.021(9)(b), port transportation facilities and projects listed in s. 311.07(3)(b), and intermodal transportation facilities identified pursuant to s. 311.09(3) are exempt from the provisions of this section when such expansions, projects, or facilities are consistent with comprehensive master plans that are in compliance with the provisions of s. 163.3178. (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT. -- (a) An authorized developer may submit an areawide development of regional impact to be reviewed pursuant to the procedures and standards set forth in this section. The areawide development -of -regional -impact review shall include an areawide development plan in addition to any other information required under this section. After review and approval of an areawide development of regional impact under this section, all development within the defined planning area shall conform to the approved areawide development plan and development order. Individual developments that conform to the approved areawide development plan shall not be required to undergo further development -of -regional -impact review, unless otherwise provided in the development order. As used in this subsection, the term: 1. "Areawide development plan" means a plan of development that, at a minimum: a. Encompasses a defined planning area approved pursuant to this subsection that will include at least two or more developments; b. Maps and defines the land uses proposed, including the amount of development by use and development phasing; c. Integrates a capital improvements program for transportation and other public facilities to ensure development staging contingent on availability of facilities and services; d. Incorporates land development regulation, covenants, and other restrictions adequate to http://www.leg.state. fl.us/Statutes/index. cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 24 of 27 protect resources and facilities of regional and state significance; and e. Specifies responsibilities and identifies the mechanisms for carrying out all commitments in the areawide development plan and for compliance with all conditions of any areawide development order. 2. "Developer" means any person or association of persons, including a governmental agency as defined in s. 380.031(6), that petitions for authorization to file an application for development approval for an areawide development plan. (b) A developer may petition for authorization to submit a proposed areawide development of regional impact for a defined planning area in accordance with the following requirements: 1. A petition shall be submitted to the local government, the regional planning agency, and the state land planning agency. 2. A public hearing or joint public hearing shall be held if required by paragraph (e), with appropriate notice, before the affected local government. 3. The state land planning agency shall apply the following criteria for evaluating a petition: a. Whether the developer is financially capable of processing the application for development approval through final approval pursuant to this section. b. Whether the defined planning area and anticipated development therein appear to be of a character, magnitude, and location that a proposed areawide development plan would be in the public interest. Any public interest determination under this criterion is preliminary and not binding on the state land planning agency, regional planning agency, or local government. 4. The state land planning agency shall develop and make available standard forms for petitions and applications for development approval for use under this subsection. (c) Any person may submit a petition to a local government having jurisdiction over an area to be developed, requesting that government to approve that person as a developer, whether or not any or all development will be undertaken by that person, and to approve the area as appropriate for an areawide development of regional impact. (d) A general purpose local government with jurisdiction over an area to be considered in an areawide development of regional impact shall not have to petition itself for authorization to prepare and consider an application for development approval for an areawide development plan. However, such a local government shall initiate the preparation of an application only: 1. After scheduling and conducting a public hearing as specified in paragraph (e); and 2. After conducting such hearing, finding that the planning area meets the standards and criteria pursuant to subparagraph (b)3. for determining that an areawide development plan will be in the public interest. (e) The local government shall schedule a public hearing within 60 days after receipt of the petition. The public hearing shall be advertised at least 30 days prior to the hearing. In addition to the public hearing notice by the local government, the petitioner, except when the petitioner is a local government, shall provide actual notice to each person owning land within the proposed areawide development plan at least 30 days prior to the hearing. If the petitioner is a local government, or local governments pursuant to an interlocal agreement, notice of the public hearing shall be provided by the publication of an advertisement in a newspaper of general circulation that meets the requirements of this paragraph. The advertisement must be no less than one -quarter page in a standard size or tabloid size newspaper, and the headline in the advertisement must be in type no smaller than 18 point. The advertisement shall not be published http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&l.. 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 25 of 27 in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement must be published in a newspaper of general paid circulation in the county and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. Whenever possible, the advertisement must appear in a newspaper that is published at least 5 days a week, unless the only newspaper in the community is published less than 5 days a week. The advertisement must be in substantially the form used to advertise amendments to comprehensive plans pursuant to s. 163.3184. The local government shall specifically notify in writing the regional planning agency and the state land planning agency at least 30 days prior to the public hearing. At the public hearing, all interested parties may testify and submit evidence regarding the petitioner's qualifications, the need for and benefits of an areawide development of regional impact, and such other issues relevant to a full consideration of the petition. If more than one local government has jurisdiction over the defined planning area in an areawide development plan, the local governments shall hold a joint public hearing. Such hearing shall address, at a minimum, the need to resolve conflicting ordinances or comprehensive plans, if any. The local government holding the joint hearing shall comply with the following additional requirements: 1. The notice of the hearing shall be published at least 60 days in advance of the hearing and shall specify where the petition may be reviewed. 2. The notice shall be given to the state land planning agency, to the applicable regional planning agency, and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. 3. A public hearing date shall be set by the appropriate local government at the next scheduled meeting. (f) Following the public hearing, the local government shall issue a written order, appealable under s. 380.07, which approves, approves with conditions, or denies the petition. It shall approve the petitioner as the developer if it finds that the petitioner and defined planning area meet the standards and criteria, consistent with applicable law, pursuant to subparagraph (b)3. (g) The local government shall submit any order which approves the petition, or approves the petition with conditions, to the petitioner, to all owners of property within the defined planning area, to the regional planning agency, and to the state land planning agency within 30 days after the order becomes effective. (h) The petitioner, an owner of property within the defined planning area, the appropriate regional planning agency by vote at a regularly scheduled meeting, or the state land planning agency may appeal the decision of the local government to the Florida Land and Water Adjudicatory Commission by filing a notice of appeal with the commission. The procedures established in s. 380.07 shall be followed for such an appeal. (i) After the time for appeal of the decision has run, an approved developer may submit an application for development approval for a proposed areawide development of regional impact for land within the defined planning area, pursuant to subsection (6). Development undertaken in conformance with an areawide development order issued under this section shall not require further development -of -regional -impact review. (j) In reviewing an application for a proposed areawide development of regional impact, the regional planning agency shall evaluate, and the local government shall consider, the following criteria, in addition to any other criteria set forth in this section: 1. Whether the developer has demonstrated its legal, financial, and administrative ability to perform any commitments it has made in the application for a proposed areawide development of regional impact. 2. Whether the developer has demonstrated that all property owners within the defined planning area consent or do not object to the proposed areawide development of regional impact. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 26 of 27 3. Whether the area and the anticipated development are consistent with the applicable local, regional, and state comprehensive plans, except as provided for in paragraph (k). (k) In addition to the requirements of subsection (14), a development order approving, or approving with conditions, a proposed areawide development of regional impact shall specify the approved land uses and the amount of development approved within each land use category in the defined planning area. The development order shall incorporate by reference the approved areawide development plan. The local government shall not approve an areawide development plan that is inconsistent with the local comprehensive plan, except that a local government may amend its comprehensive plan pursuant to paragraph (6)(b). (I) Any owner of property within the defined planning area may withdraw his or her consent to the areawide development plan at any time prior to local government approval, with or without conditions, of the petition; and the plan, the areawide development order, and the exemption from development -of -regional -impact review of individual projects under this section shall not thereafter apply to the owner's property. After the areawide development order is issued, a landowner may withdraw his or her consent only with the approval of the local government. (m) If the developer of an areawide development of regional impact is a general purpose local government with jurisdiction over the land area included within the areawide development proposal and if no interest in the land within the land area is owned, leased, or otherwise controlled by a person, corporate or natural, for the purpose of mining or beneficiation of minerals, then: 1. Demonstration of property owner consent or lack of objection to an areawide development plan shall not be required; and 2. The option to withdraw consent does not apply, and all property and development within the areawide development planning area shall be subject to the areawide plan and to the development order conditions. (n) After a development order approving an areawide development plan is received, changes shall be subject to the provisions of subsection (19), except that the percentages and numerical criteria shall be double those listed in paragraph (19)(b). (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT. --There is hereby established a process to abandon a development of regional impact and its associated development orders. A development of regional impact and its associated development orders may be proposed to be abandoned by the owner or developer. The local government in which the development of regional impact is located also may propose to abandon the development of regional impact, provided that the local government gives individual written notice to each development -of -regional -impact owner and developer of record, and provided that no such owner or developer objects in writing to the local government prior to or at the public hearing pertaining to abandonment of the development of regional impact. The state land planning agency is authorized to promulgate rules that shall include, but not be limited to, criteria for determining whether to grant, grant with conditions, or deny a proposal to abandon, and provisions to ensure that the developer satisfies all applicable conditions of the development order and adequately mitigates for the impacts of the development. If there is no existing development within the development of regional impact at the time of abandonment and no development within the development of regional impact is proposed by the owner or developer after such abandonment, an abandonment order shall not require the owner or developer to contribute any land, funds, or public facilities as a condition of such abandonment order. The rules shall also provide a procedure for filing notice of the abandonment pursuant to s. 28.222 with the clerk of the circuit court for each county in which the development of regional impact is located. Any decision by a local govemment concerning the abandonment of a development of regional impact shall be subject to an appeal pursuant to s. 380.07. The issues in any such appeal shall be confined to whether the provisions of this subsection or any rules promulgated thereunder have been satisfied. (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A DEVELOPMENT ORDER. --If a developer or owner is in doubt as to his or her rights, responsibilities, and obligations under a http://www.leg. state. fl.us/Statutes/index. cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 statutes ->View Statutes->2000->Ch0380->Section 06: Online Sunshine Page 27 of 27 development order and the development order does not clearly define his or her rights, responsibilities, and obligations, the developer or owner may request participation in resolving the dispute through the dispute resolution process outlined in s. 186.5_0_9. The Department of Community Affairs shall be notified by certified mail of any meeting held under the process provided for by this subsection at least 5 days before the meeting. History.--s. 6, ch. 72-317; s. 2, ch. 74-326; s. 5, ch. 75-167; s. 1, ch. 76-69; s. 2, ch. 77-215; s. 148, ch. 79-400; s. 3, ch. 80-313; s. 22, ch. 83-222; s. 4, ch. 83-308; s. 1, ch. 84-331; s. 43, ch. 85-55; s. 15, ch. 86-191; s. 1, ch. 88-164; s. 1, ch. 89-375; s. 1, ch. 89-536; s. 52, ch. 90- 331; s. 20, ch. 91-192; s. 20, ch. 91-305; s. 1, ch. 91-309; s. 15, ch. 92-129; s. 2, ch. 93-95; s. 52, ch. 93-206; s. 345, ch. 94-356; s. 1029, ch. 95-148; s. 11, ch. 95-149; s. 9, ch. 95-322; s. 3, ch. 95-412; s. 114, ch. 96-410; s. 10, ch. 96-416; s. 1, ch. 97-28; s. 7, ch. 97-253; s. 52, ch. 97- 278; s. 8, ch. 98-146; ss. 26, 31, ch. 98-176; s. 71, ch. 99-251; s. 7, ch. 99-378. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 State of Florida. Contact us. http://www.leg. state. fl.us/Statutes/index. cfm?App_mode=Display_Statute&Search_String=&1... 1/27/01 DISCLOSURES AND DISCLAIMERS Any proposal deemed to be non -responsive or not responsible will be rejected. A responsible respondent is one that has the capability in all respects to fully perform the requirements set forth in the proposal and the proposed lease, and that has the integrity and reliability which will assure good faith performance. A responsive respondent is one that has submitted a proposal that conforms in all material respects to the RFP. Thus, for example, a proposal that has not substantiated the financial capability of a prospective respondent may be rejected. 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 accordance with the applicable sections of the City Charter and Code. In its sole discretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting proposals in response to this RFP. Pursuant to City Charter Section 29-A, sub -section (c)(6), the City reserves the right to reject all proposals and further, to terminate the UDP process and/or contract after a public hearing in the event of any substantial increase in the City's commitment of funds, property, or services, or in the event of any material _ alteration of any contract awarded under Subsection (c) Unified Development Projects, of Charter Section 29-A. This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami ("City") for the recipient's convenience. Any action taken by the City in response to proposals made pursuant to this RFP or in making any awards or failure or refusal to make any award pursuant to such proposals, or in any cancellation of awards, or in any withdrawal or cancellation of this request for proposals, either before or after issuance of an award, shall be without any liability of obligation on the part of the City and its advisors. Following submission of a proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the proposal and the applicant including the applicant's affiliates, officers, directors, shareholders, partners and employees as requested by the City in its discretion. Any reliance on these contents, or on any communications with City officials or advisors, shall be at the recipients' own risk. Prospective bidders should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. The RFP is being provided by the City and its advisors without any warranty or representation, express or implied, as to its content, its accuracy or completeness. No warranty or representation is made by the City or its advisors that any proposals conforming with these requirements will be selected for consideration, negotiation or approval. The information contained in this RFP is published solely for the purpose of inviting prospective respondents to consider the development opportunity described herein. Prospective respondents should make their own investigations, projections, and conclusions without reliance upon the material contained herein. The City and its advisors shall have no obligation or liability with respect to this RFP and the selection and award process or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer and is totally relying on said dis closure and disclaimer and agrees to be bound by the terms hereof. Any proposals submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such proposal. The offering is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only and does not constitute all or any part of an agreement. Furthermore, until such time as a lease agreement is executed by the City, the selected respondent shall not have any vested rights, nor title or interest in the subject Property or in the development proposed thereon. The City and the recipient will be bound only as, if and when a proposal, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved by the Mayor and City Commission and then only pursuant to the terms of the definitive agreements executed among the parties. A response to this RFP, or all responses, may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City or its advisors. The City is governed by the State of Florida Sunshine Law and all proposals and supporting data shall be subject to disclosure as required by such law. All proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. Notwithstanding the foregoing, the applicant agrees that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes any liability arising out of this RFP or any response thereto or any action or inaction by the City or its advisors with respect thereto, the liability shall be limited to $20,000.00 as agreed upon as liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this disclosure and disclaimer which imposes no liability on the City and its advisors. In the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always govern. Further, any dispute among the City and the applicant shall be decided by binding arbitration in Miami -Dade County, Florida, before arbitrators sanctioned by and in accordance with the rules of the American Arbitration Association. Accepted by: Signature Name and Title Company Name Development Entity Name ELECTRONIC DISCLAIMER AND USER AGREEMENT This electronic RFP is provided by the City of Miami as a matter of convenience for RFP participants. Where Discrepancies exist between this information package, and other materials the City of Miami shall have final and all discretion in determining the accuracy and validity of information. The City of Miami does not warrant that the functions contained in this cd-rom will meet the user's requirements or that the operation of the cd-rom will be uninterrupted or error - free. The entire risk as to the quality and performance of the cd-rom is with user. In no event will The City of Miami be liable to the user or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this cd-rom, even if the City of Miami has been advised of the possibility of such damages. ALPHAX ENGINEERS CORP. IX 1.14,10.N N.W. 10/111 AVI NIA . MIAMI. N.ORIDA 331 /2. PI IONIS: (305) 599 1480 / 599.1481 • FAX: ('„ 05) 599-1485 • E -Moil: ai hoengr'lclaS4c.m n.com October 24, 2000 Mr. Wilbur Mayorga, P.E. Metro -Dade County Department of Environmental Resources Management Petroleum Remediatiort Section 33 S.W. 2nd Avenue, Suite 700 Miami, Florida 33130-1540 Regarding: City of Miami Heliport Facility, Watson Island UT 3264/2123, DEP Facility ID# 139601737 950 MacArthur Causeway Miami, Miami -Dade County, Florida. Subject: 1' Year, 2n° Quarterly Status Report Dear Mr. Mayorga Pursuant to the DERM letter dated January 18, 2000, approving the Site Assessment Report & Monitoring Only Plan submitted December 14,1999 for the City of Miami Heliport facility , Alpha Engineers hereby submits the 1" Year, 2'd Quarterly Status Report. If you have any questions or comments, please contact Jorge Corrales, Project Manager at (305) 599-1480. Thank you. Sincerely Alpha Engineers Corp. gr(e0.44 R ra Rolando R.H. Santos, P.E., D.E.E. Principal RRHS/JC/nr Project # 0814 pc: Ms. Madeline Valdes, City of Miami Office of Asset Management Quarterly Status Report (Sampling 1't Year, 2nd Quarter for the CITY OF MIAMI HEUPORT FACIUTY (UT-3264/2123, DEP FACILITY ID • 139601737) 950 MacArthur Causeway Miami, Miami -County, Florida Submitted to the DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) by ALPHA ENGIN ' ERS CORP e - TION Written by e Corrales roject Manager Reviewed by 244 CFCvs.0 Rolando R.H. Santos, P.E., D.E.E. Director October 24, 2000 Project No. 0814 The Irdainrren and apbdars wdarsd In Ids spat an axbwMsyfor t s use by In CRY OF MAM. Alpha Emblem vra not dtarbuba fhb report %About your canard as noes bo rewired by taw of court order. Tfr b*tmdon and wardens apsaaad In Ids report an In response to sue Untied sealpenefe. dlewd bewdrddend b nwdaderdyInldddlhatasYyret wevamp roopmnbiyfroompMantp lonarroaatourduess In emearlIng the assIgnmordOw preparing name'Nd accordance with Via name' standards dour profession. Alpha EmblemEmblemCoop. . however, TABLE OF CONTENTS • LETTER OF SUBMITTAL SECTION PAGE 1.0 INTRODUCTION 1 2.0 GROUNDWATER SAMPLING PROCEDURES 1 3.0 DISCUSSION OF GROUNDWATER ANALYTICAL 1 RESULTS 4.0 CONCLUSION & RECOMMENDATIONS 1 TABLE OF CONTENTS FIGURES TITLE FIGURE ij SITE LOCATION MAP. 1 SITE SKETCH. 2 TABLE MILE TABLE # GROUNDWATER SAMPLING INFORMATION. 1 APPENDICES TITLE APPENDIX # DERM CORRESPONDENCE DATED JANUARY 18, 2000 1 GROUNDWATER ANALYTICAL RESULTS FOR THE 1" YEAR, 2" d QUARTER OF MONITORING ONLY 2 GROUNDWATER ANALYTICAL RESULTS FOR THE 1" YEAR, 1" QUARTER OF MONITORING ONLY 3 ii 1.0 INTRODUCTION On March 9, 2000 Alpha Engineers was retained by the City of Miami in order to conduct four (4) quarters of groundwater monitoring at the City of Miami Heliport Facility located at 950 MacArthur Causeway, Miami, Miami -Dade County, Florida. Pursuant to the DERM correspondence dated January 18, 2000 (refer to Appendix 1), Alpha Engineers Corp. hereby submits the 1' Year, 2nd Quarterly Status Report (QSR). Refer to Figure 1 for Site Location Map. The monitoring wells targeted for sampling were MW-1 and MW-3. Refer to Figure 2 for monitoring well locations. Groundwater samples collected were analyzed via EPA methods 610 and FL -PRO. 2.0 GROUNDWATER SAMPLING PROCEDURES Groundwater samples for the 1d Year, 2nd Quarter sampling were collected on October 12, 2000. Groundwater sampling followed standard protocol for quality assurance and quality control according to Alpha Engineers' FDEP approved and filed CompQAP #930083G. Prior to sampling, a minimum of five (5) well volumes of stagnant groundwater was purged from each well until the pH and conductivity had stabilized in order to ensure retrieval of a representative sample. Groundwater samples were collected by means of a bottom filling teflon bailer. All of the necessary proper precautions were taken in order to insure that no cross contamination occurred. A more detailed explanation of the sampling procedure can be obtained in Alpha Engineers' FDEP approved CompQAP #930083G. Refer to Table 1 for Groundwater Sampling Information. 3.0 DISCUSSION OF GROUNDWATER ANALYTICAL RESULTS The groundwater samples collected by Alpha Engineers were submitted to Envirodyne, Inc. to be analyzed via EPA methods 610 and FL -PRO. Groundwater analytical results for the EPA method 610 parameters and FL -PRO indicates that both MW-1 and MW-3 are below the Groundwater Target Levels. Refer to Appendix 2 for the 2nd Quarter Groundwater Analytical Results and Appendix 3 for theist Quarter Groundwater Analytical Results. 4.0 CONCLUSIONS & RECOMMENDATIONS Based on the analytical results Alpha Engineers recommends an additional quarter of groundwater sampling. If the third quarterly status report indicates levels below the target cleanup level for groundwater then a No Further Action Proposal shall be submitted. 1 Figures 9 JINNI 1141.11111.7-11=. girti umosaimik. 10111 trAvrtioll Le 0111,..13i= rig10111.1.8.._ ..-11 • Imam ! MI .WM111 Wall' • 111111101101111 tig • ALPHA Scale: 1:24000 Date: 12/9/99 ,1111,EZI 111111451_ ,in Ig.11410110M111114_ _ atson ‘51.11110111 Usk!. Revised: R.R.H.S. Site Location Site Location Map Figure 1 Sign Mal tstanc rA �9 q 'no s4.0 10o (/), SCALE IN FEET 0 10 20 30 ALPHA ENGINEERS CORP. UNPAVED AREA #11A Scale: AS SHOWN By: J.C. MW-3 SITE SKETCH Date: 12/9/99 Revised: R.R.H.S. Figure 2 Tables TABLE 1 114 Year, 1" Quarter Sampling GROUNDWATER SAMPUNG INFORMATION ':" '''''''''[4.1.7,;" ''' :. '' !-I'. 4.342+a-71.4. c4....!..s:':.- rkL:t.frt.5...:''''.5.R'AVir.g.: .1; !1-f.1,;19,11-rvt.tr•rq.- ,-y!*,c..-il.f411:4744:;0;-iA•ilf`;'...'! Well S ' Date ' •'• .• ' 'nine' •-': •• ' - DOCt- '!- ••• ' DTrit''::' : '..!!TeimP: (fF) ' MW-1 3/16/00 14:50 PM 13.00 ft. 6.94 ft. N/A MW-3 3/16/00 1525 PM 15 DO ft 7 22 if N/A 1 .DOC-Dapth of Casing 2.131W-Dopth to Water 114 Year, 21Ii' Quarter Sampling GROUNDWATER SAMPUNG INFORMATION i,, -!'z'r-1-, vi,„5,r,. ,;424PritTr„ 114"-41.,..ta5-11241m_ - -,:941*-,,,L/Ntleloofti, , i r4tnrm , ',room .-1:•:'--:iritrol4 Wen* , , I- Date --`,, _ _ „_,- ' Tiliiel,, i. — -•_.'DOW.- '. -- -' 1 YDT1142.- MW-1 10/12/00 14:22 13.00 ft. 5.14 ft. N/A . MW-3 10/12/00 14:02 15.00 ft. 5.80 ft N/A 1.D0C-DoFek ol Casing 2.13TW-Depth to WO" MIAMI-DADE COUNTY, FLORIDA MIAMI.O James Kay, Director City of Miami Public Works 444 SW 2id Avenue 8th Floor Miami, FL 33130 ENVIRONMENTAL RESOURCES MANAGEMENT POLLUTION CONTROL DIVISION 33 S.W. 2nd AVENUE SUITE 800 MIAMI, FLORIDA 33130-1540 (305) 372.6817 January 18, 2000 CERTIFIED MAIL NO. Z 403-675-336 RETURN RECEIPT REQUESTED Subject: Site Assessment Report & Monitoring Only Plan Approval City of Miami Heliport Facility, Watson Island a.k.a Dade Helicopter Services 950 MacArthur Causeway Miami, FL, Miami -Dade County UT- 3264/File- 2123 FDEP Facility ID# 139601737 Dear Mr. Kay: The Department of Environmental Resources Management (DERM) has completed the review of the Site Assessment Report December 14'h, 1999 (received December 151h, 1999), prepared and submitted by Alpha Enginners Corp. for the discharge discovered on April 27th, 1998 at this site. Pursuant to Rule 62-770.690, Florida Administrative Code (F.A.C.), the Department approves the Site Assessment Report & the Monitoring Only Plan_ Water -level measurements should be made immediately prior to each sampling event. The analytical results (laboratory report), chain of custody, cumulative summary table oldie analytical results, site maps) illustrating the most recent analytical results, and the water -level elevation information (cumulative summary table and most recent flow interpretation map), should be submitted to the Department within 60 days of sample collection. The monitoring wells to be sampled, the sampling parameters, and the sampling frequency are as follows: Monitoring. Wells MW-) & MW-3 Parameters frequency EPA Method 610 & TRPII via FL Quarterly PRO The sampling frequency will he evaluated following the submittal of the tirst annual report. if monitoring is expected to last more than two years, it may be prudent to establish a Page 2 of 2 Mr. Kay January 18, 2000 different sampling frequency (semiannual or annual sampling). If there are enough data to estimate the monitoring period necessary to achieve the applicable No Further Action criteria set forth in Rule 62-770.680, F.A.C., then that time period should be established and annual "milestone" objectives calculated. If thc applicable No Furthcr Action criteria in Rule 62-770.680, F.A.C., are achieved during the monitoring period (for at least two consecutive sampling events), the final deliverable report wilt serve as'thc Site Rehabilitation Completion Report required in Rule 62-770.690(8), P.A.C. If the applicable No Further Action criteria in Rule 62-770.680, F.A.C., are not achieved following one year of monitoring, then the final deliverable report should include.a recommendation for the next course of action, as described in Rule 62-770.690(7)(g), F.A.C. Therefore, within ninety (90) days of receipt of this letter, submit to this office for review two (2) copies of a Quarterly Status Report (QSR) prepared in accordance with Chapter 62-770, P.A.C. Subsequent quarterly reports must be submitted in ninety (90) day intervals for thc remainder of the approved monitoring period. Be advised that failure to comply with the above may result in this cast being forwarded to the Code Enforcement Section for appropriate action. If you should have any questions concerning this review, please contact Claudia M. Jurado at (305) 372-6700. CJ Pc: Sincerely, Wilbur Mayorga, P.F., Chief Pollution Rcmediation Section Hamp Pridgen, FDEP Jorge Corralcs-Alpha Engineers Corp.-1460-N NW 10711' Ave., Miami, FL 33172 Appendix 1 Appendix 2 En virodyne Inc. 4805 N. W. 2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 October 23.2000 Report: 2000/10199 Sample No: 2000/10199- 1 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 MacArthur Causeway Miami. FL Collected by: Jorge Corrales Collected on: 10/12/00 SAMPLE ID: MW-1 Received on: 10/13/00 Date of Analysis: 10/18/00 Date of Extraction: 10/17/00 PARAMETER 610 POLYNUCLEAR AROMATIC HYDROCARBONS RESULT DL UNITS ANALYST Acenaphthene BDL 1.0 µg/L BPS Acenaphthylene BDL 1.0 µg/L BPS Anthracene BDL 1.0 µg/L BPS Benzo(a)anthracene BDL 1.0 µg/L BPS Benzo(b)fluoranthene BDL 1.3 µg/L BPS Benzo(g,h,i)perylene BDL 2.5 µg/L BPS Benzo(k)fiuoranthene BDL 3.0 µg/L BPS Benzo(a)pyrene BDL 2.0 µg/L BPS Chrysene BDL 3.0 µg/L BPS Dibenzo(a,h)anthracene BDL 1.0 µg/L BPS Fluoranthene BDL 1.0 µg/L BPS Fluorene BDL 1.0 µg/L BPS Indeno(1,2,3-c,d)pyrene BDL 1.0 µg/L BPS 1-Methylnaphthalene BDL 1.0 µg/L BPS 2-Methylnaphthalene BDL 1.0 µg/L BPS Naphthalene BDL 1.0 µg/L BPS Phenanthrene BDL 1.0 µg/L BPS Pyrene BDL 1.0 µg/L BPS Total Naphthalenes BDL µg/L BPS Analysis Performed in Accordance with E.P.A. Methods Laboratory Certiflatlon No. E86188 1 OA/ Cr Review (i; INDLI•Now Deatet161tD DL.•Detecdoa Lt Envirodyne Inc. 4805 N.W. 2nd Avenue Boca Raton, FL 33431 561-989.5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 Attention: Jorge Corrales October 23, 2000 Report: 2000/10199 Sample No: 2000/10199- 1 Project: 0814 City of Mlanu Heliport Watson Island 950 MacArthur Causeway Miami, FL SAMPLE ID: MW-1 Collected by: Jorge Corrales Collected on: 10/12/00 Received on: 10/13/00 Date of Analysis: 10/20/00 Date of Extraction: 10/19/00 FL -PRO TOTAL RECOVERABLE PETROLEUM HYDROCARBONS PARAMETER RESULT DL UNITS ANALYST Petroleum Range Organics Hydrocarbon Range 1.9 C8-C24 Analysis Performed in Accordance with E.P.A. Methods Laboratory Certification No. Milli 2 0.40 mg/L BPS BPS QAJW Revie"" s�L•st00 ow DecDetelig = DL.Demetbo Lim Envirodyne 4805 N.W. 2nd Avenue Boca Raton, FL 33431 561.989.5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 October 23, 2000 Report: 2000/10199 Sample No: 2000/10199- 2 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 MacArthur Causeway Miami, FL Collected by: Jorge Corrales Collected on: 10/12/00 SAMPLE ID: MW-3 Received on: 10/13/00 Date of Analysis: 10/18/00 Date of Extraction: 10/17/00 PARAMETER 610 POLYNUCLEAR.AROMATIC HYDROCARBONS RESULT DL UNITS ANALYST Acenaphthene BDL 1.0 µg/L BPS Acenaphthylene BDL 1.0 µg/L BPS Anthracene BDL 1.0 µg/L BPS Benzo(a)anthracene BDL 1.0 µg/L BPS Benzo(b)fluoranthene BDL 1.3 µg/L BPS Benzo(g,h,i)perylene BDL 2.5 µg/L BPS Benzo(k)fluoranthene BDL 3.0 µg/L BPS Benzo(a)pyrene BDL 2.0 µg/L BPS Chrysene BDL 3.0 µg/L BPS Dibenzo(a,h)anthracene BDL 1.0 µg/L BPS Fluoranthene BDL 1.0 µg/L BPS Fluorene BDL 1.0 µg/L BPS Indeno(1,2,3-c,d)pyrene BDL 1.0 µg/L BPS 1-Methylnaphthalene BDL 1.0 µg/L BPS 2-Methylnaphthalene BDL 1.0 µg/L BPS Naphthalene BDL 1.0 µg/L BPS Phenanthrene BDL 1.0 µg/L BPS Pyrene BDL 1.0 µg/L BPS Total Naphthalenes BDL µg/L BPS Analysis Performed in Accordance with E.P.A. Methods Laboratory Certification No. E$6188 3 IDL•7elowDeett LiTi DLitDewedoa Lin c IL Envirodyne ins. 4805 N.W. 2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 October 23, 2000 Report: 2000/10199 Sample No: 2000/10199- 2 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 MacArthur Causeway Miami, FL SAMPLE ID: MW-3 Date of Analysis: 10t20/00 Date of Extraction: 10/19/00 PARAMETER Collected by: Jorge Corrales Collected on: 10/12/00 Received on: 10/13/00 FL -PRO TOTAL RECOVERABLE PETROLEUM HYDROCARBONS RESULT DL UNITS ANALYST Petroleum Range Organics Hydrocarbon Range 4.4 0.40 mg/L BPS C8-C24 BPS Analysis contained herein conform to EPA and DEP approved methods per Envirodyne Comprehensive Quality Assurance Plan No. 890041. Additional Laboratory Certification numbers: E86006, 84269, E83079, E86240, South Carolina 96022. All relevant quality assurance samples were within specified contr limits unless otherwise stated. .--de.dad4r7,er,~ Project Manager Quality Assurance Director Analysis Performed in Accordance with E.P.A. Methods Laboratory Cenlnatioa No. Ea61118 • HDL.'Below DL•DedGbn Lir Appendix 3 Envirodyne ins. 4805 N.W. 2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 Much 23, 2000 Report: 2000\03243 Sample No: 2000\03243- 1 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 McArthur Causeway Miami, FL SAMPLE ID: MW-1 Date of Analysis: 03/22/00 Date of Extraction: 03/20/00 PARAMETER Collected by: Jorge Corrales Collected on: 03/16/00 Received on: 03/17/00 610 POLYNUCLEAR AROMATIC HYDROCARBONS RESULT DL UNITS ANALYST Acenaphthene 3.1 1.0 µg/L BPS Acenaphthylene 3.2 1.0 µg/L BPS Anthracene BDL 1.0 µg/L BPS Benzo(a)anthracene BDL 1.0 µg/L BPS Benzo(b)fluoranthene BDL 1.3 µg/L BPS Benzo(g,h,i)perylene BDL 2.5 µg/L BPS Benzo(k)fluoranthene BDL 3.0 µg/L BPS Benzo(alpyrene BDL 2.0 µg/L BPS Chrysene BDL 3.0 pg/L BPS Dibenzo(a,h)anthracene BDL 1.0 µg/L BPS Fluoranthene BDL 1.0 µg/L BPS Fluorene BDL 1.0 µg/L BPS Indeno(1,2,3-c,d)pyrene BDL 1.0 µg/L BPS 1-Methylnaphthalene 52 1.0 µg/L BPS 2-Methylnaphthalene 37 1.0 µg/L BPS Naphthalene 11 1.0 µg/L BPS Phenanthrene BDL 1.0 µg/L BPS Pyrene BDL 1.0 µg/L BPS Total Naphthalenes 100.0 µg/L BPS Analysis Performed in Accordance with E.P.A. Methods Laboratory Cant cadoa No. 886188 Laboratory Csrditeadoo No. 86405 1 �� -7sloww DL-Detsc ion Lim . Envirodyne Inc. 4805 N. W. 2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 March 23, 2000 Report: 2000\03243 Sample No: 2000\03243- 1 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 McArthur Causeway Miami, FL Collected by: Jorge Corrales Collected on: 03/16/00 SAMPLE ID: MW-1 Received on: 03/17/00 Date of Analysis: 03/21/00 Date of Extraction: 03/21/00 PARAMETER FL -PRO TOTAL RECOVERABLE PETROLEUM HYDROCARBONS RESULT DL UNITS ANALYST Petroleum Range Organics Hydrocarbon Range 7.5 0.40 tng/L BPS C8-C24 BPS Analysis Performed in Accordance with E.P.A. Methods Laboratory Certification No. 8$611$ Laboratory Cerdficadon No. $6405 2 R HDL•'letow DL•Dctrcdon Ludt IPA En virodyne Inc. 4805 N.W. 2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 March 23, 2000 Report: 2000103243 Sample No: 2000\03243- 2 Attention: Jorge Corrales Project: 0814 City of Miami Heliport Watson Island 950 McArthur Causeway Miami, FL Collected by: Jorge Corrales Collected on: 03/16/00 SAMPLE ID: MW-3 Received on: 03/17/00 Date of Analysis: 03/22/00 Date of Extraction: 03/20/00 PARAMETER 610 POLYNUCLEAR AROMATIC HYDROCARBONS RESULT DL UNITS ANALYST Acenaphthene 3.1 1.0 µg/L BPS Acenaphthylene BDL 1.0 µg/L BPS Anthracene BDL 1.0 µg/L BPS Benzo(a)anthracene BDL 1.0 µg/L BPS Benzo(b)fluoranthene BDL 1.3 µg/L BPS Benzolg,h,i)perylene BDL 2.5 µg/L BPS Benzo(k)fluoranthene BDL 3.0 µg/L BPS Benzo(a)pyrene BDL 2.0 µg/L BPS Chrysene BDL 3.0 µg/L BPS Dibenzo(a,h)anthracene BDL 1.0 µg/L BPS Fluoranthene BDL 1.0 µg/L BPS Fluorene BDL 1.0 µg/L BPS Indeno(1,2,3-c,d)pyrene BDL 1.0 µg/L BPS 1 -Methylnaphthalene 24 1.0 µg/L BPS 2-Methylnaphthalene 13 1.0 µg/L BPS Naphthalene 12 1.0 µg/L BPS Phenanthrene BDL 1.0 µg/L BPS Pyrene BDL 1.0 µg/L BPS Total Naphthalenes 49.0 µg/L BPS Analysis Performed in Aceordance with E.P.A. Methods Laboratory Cartifiratioa No. !161ia Laboratory Corder -atlas No. 86403 3 QA/QC BDL-Be Review ow e� DL-Detectioo Lin Envirodyne 4805 N.W..2nd Avenue Boca Raton, FL 33431 561-989-5225 Alpha Engineers Corporation 1460 NW 107th Avenue Ste N Miami, FL 33172 Much 23, 2000 Report:2000103243 Sample No: 2000103243- / Attention: Jorge Corrales Project:0814 City or Miami Heliport Watson Island 950 McArthur Causeway Miami, FL SAMPLE ID: MW-3 Date of Analysis: 03/21/00 Date of Extraction: 03/21/00 PARAMETER Collected by: Jorge Corrales Collected on: 03/16/0( Received on: 03/17/0( FL -PRO TOTAL RECOVERABLE PETROLEUM HYDROCARBONS RESULT DL UNITS ANALYST Petroleum Range Organics Hydrocarbon Range 9.4 C8-C24 0.80 mg/L BPS BPS Analysis contained herein conform to EPA and DEP approved methods per Envirodyne Comprehensive Quality Assurance Plan No. 890041. Additional Laboratory Certification numbers: E86006, 84269, E83079, E86240, South Carolina 96022. All relevant quality assurance samples warWwithin specified control limits unless otherwise stated. Project Manager Analysis Performed in Accordance with E.P.A. Methods Laboratory Certification No. Ef6t$$ Laboratory Certification No. 86405 4 Quality Assurance Director QA/QC Review BDL-Below Dew1 a DL•DeteWon Lir Envirodyne Inc. CHAIN OF CUSTODY RECORD AND ANALYSIS REQUEST Page of 4805 NW 2nd Avenue • Boca Raton, FL 33437 (561) 989-5225 • Fax (561)989-5204 PROJECT NUMBER 0 Pt 4.' PROJECT NAME , -/ • i /i. . ./-4 ./." -, P.O. NUMBER . . -- SAMPLE TYPE (V kirr: PRESERVATIVE PROJECT LOCATION •,*.-',...?-:-.•_,../ 7,47.-•••.;: ../ '`: -.) .4.I.....,.e (7, ,,„...„,..•, ..r.7-e . ' ANALYSES REQUESTED 4 hp RUSH TAT CUENT NAME A. -4 5 ;-. • • •• • • ' •ir F CUENT ADDRESS (xi .\/ vi 107 ,zi, A...„...4.= 17., :z - J.) ,• i (SuRCHARGE) ... It,' , /s, ,, 7-- e- .5:„.-, 7i' i et es .•,. i r.' ". PHONE,1,:. 7,.5/. 1. .. ...- •1."L 7 FAX , '- ,.• 7,— • ..E .'7,7 \", • Du SAMPLE INFORMATION DATE:- 1 1;Al i 3114.71.11.0:N) it::i P/ : fi () OF tlij iCAI HiJ //7/!" ./1/1., '‘ II/ , / I I / I ./ / / / • 2 i . li 13-1- .' ." 4 :,'S '•••• 2 . . I I -4 3 4 --, 5 ,- - 6 7 8 9 10 • SAMPLE COLLECTED BY • / TOTAL OF ALL CONTAINERS cr(7.,,,, ,ri• :,• •:: :.,'' '1 EPHOD II ; . . d'.,:•:;:DtNTE::,ii, e ?..i.:IIME1'.a''. • • . . • - '1: RECEIVED BY DATE TIME SEND REPORT TO . . (PERSON) ,./ „, 3/1 /-31 5— or 72,71T2 re__ .------7 30,10./3 % I Ariolit"...:- ----- ,, ,,,i,e.ar--- 17e0 1733 LOCI NUMBER 5 W 6 MIAMI-DADE COUNTY. FLORIDA, p(.71VED MIAM to o ':CV 27 -�;ii�7 5 an: 13 �... ..�I elt Aft C111 OF, James Kay, Director City of Miami Public Works 444 SW 2id Avenue Miami, FL 33130 iiCitIS ENVIRONMENTAL NESoU CEUMANAa6r1NT r,EI G T M PomunoN CONTROL n81CN ii0`lEMNS 33S.W Id AVENUE SUITE a00 November 17, 2000 MIAM. FLORIDA 33130•1640 (305) 3724617 CERTIFIED MAIL NO. 7099 3400 0000 5916 2452 RETURN RECEIPT REQUESTED Re: Monitoring Only Plan (MOP) Quarterly Status Report (QSR) dated October 24'", 2000 and prepared by Alpha Engineers Corp. for the City of Miami Heliport facility (UT- 3264/File- 2123/DEP- 139601737) located at, near, or in the vicinity of 950 MacArthur Causeway, Miami, Miami -Dade County, Florida. Dear Mr. Kay: The Department of Environmental Resources Management (DERM) has reviewed the above -referenced document received November 2" °, 2000. The report indicates that the contaminant levels are within the MOP criteria as set forth in the Approval Order issued by DERM on January 18h, 2000. Pursuant to the above and to Chapter 24, Miami -Dade County Environmental Protection Ordinance and Chapter 62-770, Florida Administrative Code (FAC), continue with the designated monitoring, items and timeframes as stipulated in the MOP Approval Order. Be advised that failure to comply with the above may result in this case being forwarded to the Code Enforcement Section for appropriate action. If you have any questions concerning the above, please contact Claudia M. Jurado of the Pollution Remediation Section at (305) 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Pollution Remediation Section CJ pc: Grace Riven - FDEP Rolando R.H. Santos, P.E.-Alpha Engineers Corp.-1460-N NW 107i° Ave., Mia., FI 33172 INTERNAL IMPROVEMENT FUND STATE OF FLORIDA DEED NO. 19447 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the Trustees of the Internal Improvement Fund of the State of Florida, under and by virtue of the authority of the authority of Section 253.12, Florida Statutes, 1941, and according to the provisions provided for in Section 253.13, Florida Statutes, 1941, and for and in consideration of the sum of Ten and 00/100 Dollars and other good and valuable considerations, to them in hand paid by CITY OF MIAMI, Dade County, Florida, receipt of which is herby acknowledged, have granted, bargained, sold and conveyed to the said CITY OF MIAMI and its successors and assigns forever, the following described lands, to -wit Beginning at the point of intersection of the Easterly production of the Center line of Rickmers Street (now know as N.E. 13th Street) as shown on the Amended Plat of "RICKMERS ADDITION" as recorded in Plat Book 3, Page 2, with the U.S. Harbor Line on the West side of Biscayne Bay; thence run Northerly along said U.S. Harbor Line to a point on a line four hundred and fifty feet North of and parallel to the Easterly production of the said Center Line of Rickmers Street (now known as N.E. 13th Street); thence run Easterly along said line 450 feet North of and parallel to the Easterly production of the Center Line of said Rickmers Street (now known as N.E. 13th Street) to the point of intersection with that course described in Deed Book 361, Page 353, as follows: "Thence in a Southeasterly direction to the Southeast comer of the Southwest Quarter of the Southwest Quarter (SW %4 of SW '/.) of Section 32, Township 53 South, Range 42 East"; Thence Southeasterly along the said last described course to the said Southeast corner of the SW %4 of SW ''A of Section 32, Township 53 South, Range 42 East; Thence run South along the West line of the NE '/. of NW ''A of Section 5, Township 54 South, Range 42 East to a point eighty feet Northerly from and measured at right angles to the Center Line of the Miami Municipal Channel; Thence run Southeasterly following that course described in Deed Book 1472, Page 474 as follows: "Commencing at the intersection of the West Line of the NE V4 of NW V4 of Section 5, Township 54 South, Range 42 East, and a line parallel to artd eighty feet Northerly from, and measured at right angles to the Center Line of the Miami Municipal Channel", to the East boundary of the West 3 of said Section 5; Thence run South along the East boundary of the West 3A of said Section 5 and Section 8, Township 54 South, Range 42 East, to the Northerly Line of the FEC Railway Company Channel as described in aforesaid Deed Book 1472, Page 474; Thence run Westerly along the said Northerly line of the FEC Railway Company Channel to the East line of the NW ''A of Section 8, Township 54 South, Range 42 East; Thence run Westerly along that line described in Chapter 13666 (No. 102) Laws of Florida — 1929 as follows: "Thence Westerly to the Intersection of the P.& O. S.S. Channel and the Channel extending from the mouth of the Miami River in a Southeasterly direction", to the East line of Section 7, Township 54 South, Range 42 East; Thence run South along the said East line of Section 7, Township 54 South, Range 42 East to a point 2000 feet North of the South line of Section 7, Township 54 South, Range 42 East, being that point at the termination of the line described in Deed Book 1900, Page 355 Parcel "B" as follows: `Thence North along the East Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course described in Deed Book 1900, Page 355, as follows: "Thence Southwest 2828 feet to a point on the South boundary of said Section 7", to a point 2000 feet West of the Southeast comer of said Section 7; Thence run West along the South line of said Section 7 and the South line of said Section 7 produced West, to the point of intersection with the U.S. Harbor Line on the West side of Biscayne Bay; thence run Northerly along the said U.S. Harbor Line to the point of beginning. Except therefrom the following described BAY BOTTOM LAND AREA FOR DREDGING IN CONNECTION WITH PROPOSED 85 ACRE BURLINGAME ISLAND. Beginning at the point of intersection of the Southeasterly production of the Northerly side of S.S. 14'h Street, the same being the Southerly line of Highleyman's Subdivision as recorded in Plat Book 1, Page 184 of the Public Records of Dade County, Florida, with the U.S. Harbor Line on the Westerly side of Biscayne Bay; thence Northerly along the said U.S. Harbor Line and the Northerly extension thereof 3800 feet, more or less, to the point of intersection with the Southerly line of Miami River Channel, as shown and established on Sheet No. 2 of plan prepared by U.S. Engineer Office, Jacksonville, Florida, November 1934, showing Miami River, Florida, conditions on completion of Dredging of Channel Project; thence Northeasterly along the said Southerly line of Miami River Channel and the Northeasterly production thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to the Southerly production of the dividing line between Township 53 South, Range 41 East and Township 53 South, Range 42 East to the point of intersection with the aforesaid Southeasterly production of the Northerly side of S.E. 14`h Street; hence Northwesterly 2900 feet, more or less, along the said Southeasterly Production of the Northerly side of S.E. 14th Street to the U.S. Harbor Line, the point of beginning. And further excepting therefrom all land title to which is in private parties. TO HAVE AND TO HOLD the said above mentioned and described land and premises, and all the title and interest of the Trustees therein as granted to them by Section 253.12, Florida Statutes, 1941, unto the said CITY OF MIAMI and its successors and assigns forever. SAVING AND RESERVING unto the Trustees of the Internal Improvement Fund of Florida, and their successors, an undivided three -fourths interest in and title in and to an undivided three -fourths interest in all the phosphate, minerals, and metals that are or may be in, on or under the said above described lands, and an undivided one-half interest in and title in and to an undivided one-half interest in all the petroleum that is or may be in or under the said above described land, with the privilege to mine and develop the same. PROVIDED, HOWEVER, anything herein to the contrary notwithstanding, this deed is given and granted upon the express condition subsequent that the Grantee herein or its successors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise. PROVIDED FURTHER, anything herein to the contrary notwithstanding, this deed is given and granted upon the further express condition subsequent that the Grantee herein or its successors or assigns shall not give or grant any license or permit to any private person, firm or corporation to construct or make by any means, any islands, fills, embankments, structures, buildings or other similar things within or upon the above describe lands or any part thereof for any private use or purpose, as distinguished from any public or municipal use or purpose. It is covenanted and agreed that the above conditions subsequent shall run with the land and any violation thereof shall render this deed null and void and the above - described lands shall, in such event, revert to the Grantors and their successors. IN WITNESS WHEREOF, the Trustees of the Internal Improvement Fund of the State of Florida have hereunto subscribed their names and affixed their seals, and have caused the seal of the "DEPARTMENT OF AGRICULTURE OF THE STATE OF FLORIDA", to be hereunto affixed, at the Capitol, in the City of Tallahassee this the 24' day of February, A.D. Nineteen Hundred Forty -tine. Fuller Warren (SEAL) Govemor C.M. Gay (SEAL) Comptroller J. Edwin Larson (SEAL) Treasurer Richard W. Erwin (SEAL) Attomey General Nathan Mayo (SEAL) Commissioner of Agriculture STATE OF FLORIDA, COUNTY OF DADE This instrument was filed for record the I 1 `" day of April, 1949 at 4:17 P.M. and duly recorded in Deed Book 3130 on Page 257, File No. Y 29610 E.B. Lesthemran Clerk Circuit Court By H. Yanow D.C. 12 Recent Growth, Current Activity, and Economic Impacts Of Mega Yachts In South Florida — 1997-1998 — prepared by Thomas J. Murray & Associates, Inc. P.O. Box 1083 Gloucester Point, VA 23062 Phone: (804) 684-7190 E-mail: tjm@vims.edu October, 1998 on behalfof Marine Industries Association of South Florida,Inc and the Broward Alliance, Inc. Table Of Coatea& EXECUTIVE SUMMARY 1 Major Findings i Table I. Partial Summary Of Estbnated Economic Impacts OfMega Yachts OnThe Tri-County Region — 1997($Millions &Numbers Of obs)) vi INTRODUCTION 1 Project Objectives 1 Methods 3 THE EXISTING FLEET OF MEGA YACHTS AND RECENT TRENDS IN CONSTRUCTION 3 Figure 1: Mega Yachts Linder Construction Worldwide & LI. S. 1991-1997 3 ESTIMATED NUMBER OF MEGA YACHTS VISITING THE TRI•COUNTY AREA. 5 U.S. Army Corps of Engineers 5 Florida Vessel Registrations 6 Figure IP Total Numbers Of Vessels Greater Than 65'Registered In The tri-County And Statewide — 1996 -1997 5 U.S. Customs Service 8 U.S. Coast Guard Documentation 10 Other Published Reports 10 TRI-COUNTY BOAT YARD SURVEY 11 Table II: Number Of Mega Yachts And Total Spending At Major Boatyards In The Tri-County Area — 1997 12 BROKERING OF MEGA YACHTS 14 TABLE III: Estimated Mega Yacht Sales And Commissions At Tri-County Brokerage Houses — 1997 14 MEGA YACHT CHARTERING. 16 Figure 3: Numbers Of Charter Mega Yachts And All Charter Vessels Worldwide — By Region — 1998 16 Estimated Number of Charter Mega Yachts in theTri-County Region 17 Table IV: Estimated Numbers Of Charter Yachts And Charter Mega Yachts Available Worldwide — By Vessel's Principal Charter Region — 1998 19 Table V: Randomly Selected Mega Yachts Listed By Tri-County Brokers For Charter By Type, Region And Charter Fee — 1998 20 Table VI : Estimated Numbers 0/Mega Yachts Chartered And Total Revenue Generated By Charter Brokers In The Tri-County Area — 1997 21 ECONOMIC IMPACTS OF MEGA YACHTS IN THE TRI-COUNTY REGION 23 Table VII: Partial Summary Of Estimated Economic Impacts Of Mega Yachts On The Tri-County Region — 1997($Millions &Numbers Of jobs) 23 Table VII1: Estimated Operating Costs 130' Charter Poweryacht — 1997 25 Economic Impact Of Mega Yachts On South Florida— MIASF FUTURE ISSUES IMPACTING MEGA YACHT ACTIVITY IN THE TRI-COUNTY REGION 26 Supply Side Issues 26 Regional And International Competition 26 Logistical Issues 27 Labor And Training Issues 28 Qualitative Aspects And Competitive Advantage 28 Figure 4: Comparison Of Cumulative Total Returns — Dow Jones Equity Index And Worldwide Mega Yacht Construction Index 25 CONCLUSION 32 METHODS AND NOTES TO CALCULATIONS 33 Economic Impact Analysis 33 Economic Input -Output Model Application 34 The Implan ModeL 35 QUALIFICATIONS 37 Economic Impact Definitions: 39 Literature Cited 40 Acknowledgments* 41 Economic Impact Of Mega Yachts On South Florida — MIASF Recent Growth, Current Activity, and Economic Impacts Of Mega Yachts In South Florida — 1997-1998 — Thomas J. Murray & Associates, Inc. on behalf of Marine Industries Association of South Florida,Inc and the Broward Alliance, Inc. October, 1998 EXECUTIVE SUMMARY Major Findings The BrowardLDade Palm Beach 'Th-Corasiyregronn'ofFlorida is it: the forefroat of the world-widegroroth in yachts ofeightyfeet (809 awl over and related' 1'us ams • The "mega yacht" industry has recently undergone a dramatic expansion in new construction, the brokered sale of new and previously owned mega yachts, and in the activity of existing yachts for charter. • The region represents the world's most significant cluster of professional services and talents necessary for the world's growing mega yacht sector. Broward County is to the mega yacht industry what the Silicon Valley has been to high tech industries. • During 1997, 279 mega yachts were under construction world-wide, a 15.7% increase over the same period the prior year. While the average size of the new vessels was 116 feet, the greatest growth (32 of 38 total) in the 80'-89' range. • During 1997 the U.S. ranked first in numbers of yachts under construction. Eighty-six (86) yachts with an average length of 114' were reportedly built in the U.S. yards. Between 1993 and 1997, the United States more than doubled the number of new mega yachts under construction. • Current delivery time for new mega yachts under construction has grown to an average of 2-3 years from start to completion. i Economic Impact Of Mega Yachts On South Florida— MIASF • Mega yachts, vessels in excess of eighty feet (80'), boost the local economy by bringing in "new" dollars to the Broward, Dade, and Palm Beach Tri-County region. • An estimated 900 mega yachts were present in Tri-County waters during 1997. Mega yachts boast business atTsi-C.osanyboaiyanis • On average the boat yard expenditures amount to 1/3 of the overall cost of operating a mega yacht in the Tri-County region. • Mega yachts were responsible for fifty-four (54%) of the gross output of all boat yards in the Tri-County region in 1997. • The Tri-County is home base of repairs and maintenance to an estimated 800 of the 900 mega yachts in the Tri-County region annually. • The average expenditure of mega yachts at Tri-County boat yards was $236,000 during 1997. • Expenditures on a major refitting or construction of an 140' mega yacht average about $20,000 in materials and 480 man hours per day. • The direct economic impact of the mega yachts repair and maintenance at local boatyards was $ 199.0 million. • Each of the 800 mega yachts worked on in 1997 supported 5 full-time personnel at area boatyards. The WorldwideMega yacht brokerage business is lead byTri-Cowrtybrokekers • One of every two mega yachts listed for sale worldwide is represented by local brokers. • Combined with the sale of newly constructed mega yachts, local brokers were instrumental in the sale of over $1 billion in mega yachts, during 1997. • At the time of this report, local brokers listed in excess of $1 billion of mega yachts located throughout the world, at an average list price of $4.4 million. • Brokerage houses are also the most important source of new yacht construction orders for shipyards. ii Economic Impact Of Mega Yachts On South Florida— MIASF • Brokered sales worldwide were responsible for an estimated $73.3 million in commission income directly impacting the local economy. Mega yachts are increasingly important in the Tri-County rgron's growing charter busbies& • Tri-County area charter firms represent 1 in 3 mega yachts available for charter worldwide. • Tri-County mega yachts charter for weekly fees of between $16,500 and $182,000. • The average charter fee for mega yachts located in the region was $59,000 per week. • An estimated $97.5 million in mega yacht charter fees were paid via Tri-County charter firms which received commissions of approximately $14.6 million in 1997. • A 130' charter vessel will have direct impacts in areas where the expenditures occur of $1.1 million. Such direct impacts result in total economic impacts of $1.9 million from a charter mega yacht's operation. Mega yacht related business boosts the Tri County economy m many ways • The $199 million in direct impacts at boat yards, $73 million in brokerage commissions and $15 million in direct impacts from the charter industry commissions, combined to directly impact the Tri-County region by an estimated $287 million in 1997. • The mega yacht related boat yard, brokerage and charter industry direct impacts further boosted the local economy by an estimated $497.2 million in new economic output. • The output is associated with 5,364 full time employments in the region. • Combined, the total economic impacts of the mega yachts are responsible for $21.5 million in business taxes. • Each mega yacht visiting the region in 1997 generated over $500,000in economic output, through boatyard expenditures, brokerage commissions and charter fee generation. iii Economic Impact Of Mega Yachts On South Florida— MIASF • The 37th Fort Lauderdale International Boat Show hosted the largest gathering of mega yachts ever. Over 160 mega yachts from around the world were present. According to a recently completed study of the 1997 "Boat Show", mega yachts were a substantial portion of the overall impacts of the Show to the local and State economies. The economic impact estimates contained in this study were completed in conjunction with the University of Florida . (10) iv Economic Impact Of Mega Yachts On South Florida — MIASF Competition for the mega yacht business, from both 1 S. and foreign regions, rs increasing dramatically. • Implementation of Sales tax exemptions for vessel parts, repair and maintenance on mega yachts by other states such as Georgia and Rhode Island have already lured business from the Tri-County. • The major problems identified by the mega yacht related industry include the scarcity of qualified craftsmen at area boatyards and suppliers, shortage of trained mega yacht crew and the limitations of existing dockage and lift facilities in the region. • Availability of Port Everglades for necessary expanded haul out facilities, capable of handling the largest mega yachts, is limited in the Port's master plan, which does not provide for recreational boating facilities. The exclusion of the growing mega yacht sector from such important public facilities should not be considered without careful analysis of the public benefits and costs of such limitations. • The inability to market foreign flag vessels is a significant impediment to the regions brokerage sector and the related industry. The Tri-County region currently provides the foremost base for an expanding worldwide mega yacht sector. The mega yacht support sector requires a wide range of talents. The region's clustering of a broad spectrum of necessary talents has positioned it at the forefront of mega -yachting worldwide. Competition for this position is keen and growing. The region could enhance its position by addressing current impediments and protect its status, by building upon its current strengths. Success in such efforts will require partnerships and consolidated efforts which, while strategically targetted by the Tri-County's marine industry, will serve to support community goals. v Economic Impact Of Mega Yachts On South Florida — MIASF Table 1: PARTIAL SUMMARY OF ESTIMATED ECONOMIC IMPACTS OF MEGA YACHTS ON THE TRI-COUNTY REGION --1997 ($ MILLIONS & NUMBERS OF JOBS) Impact Type Total Direct Indirect Induced Output $497.0 $287.0 $89.0 $120.0 Employment (FTE Jobs) 5,364 2,931 850 1,583 Employee Compensation 166.7 97.8 26.9 42.0 Personal Income 179.2 103.4 29.5 46.3 Total Value Added 236.6 109.3 47.5 79.8 Business Taxes (sales, excise, etc.) $21.5 $7.7 $5.2 $8.6 vi Economic Impact Of Mega Yachts On South Florida— MIASF INTRODUCTION The mega yacht industry has experienced cyclical expansions and contractions throughout the twentieth century. It is evident by numerous indicators that the current expansion has been the greatest of all time in terms of the numbers, sizes and cost of luxury yachts under construction, reconstruction and use worldwide and in the U.S. Nowhere has such growth in the activity of luxury yachts measuring eighty feet (80') or longer ("mega yachts") been experienced more dramatically than in the south Florida region. This study has been completed on behalf of the Marine Industries Association of South Florida ("MIASF") and the Broward Alliance Inc.1 It provides the first summary of information and evaluation of the economic activity associated with this growing sector of the boating industry. The study focuses specifically upon the Broward, Dade and Palm Beach ("Tri-County") region of Florida. Project Objectives The intent of this study is to prepare current estimates of the mega yacht activity in the following ways: • Characterize the existing fleet of mega yachts (defined herein as pleasure vessels eighty feet [80'] and greater in length) in the market areas relevant to the Tri- County area and worldwide; and document recent trends in mega yacht construction. • Quantify mega yacht construction, maintenance, repair and operating costs; and model the expenditures by industry sector for economic impact analysis for the Tri-County area. • Estimate the extent, and model the economic impacts, of the brokering, boat yard, and mega yacht chartering sectors upon the Tri-County area and the State in 1997. • Characterize key impediments to mega yacht related construction, repair, maintenance and visitation in the Tri-County area including regional and international competition. The current addresses for the MIASF and the Broward Alliance are respectively: MIASF 2312 South Andrews Avenue, Fort Lauderdale, Florida, 33316; Broward Alliance, linc. 200 East Las Olas Boulevard, Fort Lauderdale, Florida 33301. 1 Economic Impact Of Mega Yachts On South Florida — MIASF 2 Economic Impact Of Mega Yachts On South Florida — MIASF Methods The project has relied considerably upon the direct coordination and information from individuals involved in the various activities supporting mega yachts. For example, the individuals participating in the October 6, 1997 project focus meeting conducted by MIASF provided invaluable descriptive, fiscal and operational information. The core group also recommended additional contacts for necessary information. (See Acknowledgments, p.33) The economic modeling was completed using primary data and economic information for the boat yard and yacht brokerage sectors obtained by Thomas J. Murray & Associates. The input-output impact modeling utilized IMPLAN software for regional economic impact analysis and planning, managed by the Minnesota IMPLAN Group. It allowed estimation of detailed economic impacts -in the Tri-County area. (1) THE EXISTING FLEET OF MEGA YACHTS AND RECENT TRENDS IN CONSTRUCTION As indicated above, by most accounts, the "major yacht" industry has recently undergone a dramatic expansion in new construction and in the activity of existing yachts for charter. Various industry periodicals track and regularly provide trends in new construction and sales of such large recreational vessels. A recent market report by Capital Ship estimates: "The major yachting industry overall, represents an estimated US $5- billion a year sector (1996 estimate) of which the major yacht new construction market sector will represent in 1997 some US $3-billion+ in orderbook value."2 The same source estimated the number of yachts longer than 90 ft. under construction at the end of 1991 to be approximately 123, principally in the 90-120 ft. range. The number of such vessels under construction at the end of February, 1997 was estimated by the same source to be 232. While the increase in the number of vessels under construction (187%) was dramatic, the growth in the estimated value of the 1997 constructions was even more significant, US $2.784 billion; a 453% 2 Capital Shiro "Market Outlook: Continued Growth Seen In The Global New -Build Major Yacht Sector." Volume VII, Number 3. March 31, 1997. 3 Economic Impact Of Mega Yachts On South Florida— MIASF increase from the earlier estimate of US $615 million. A rough average computes to be $12.0 million per new build.3 While the authoritative source viewed the trends in the mega yacht fleet worldwide, similar dramatic growth was reported over the same period in the U.S. As shown in Figure 1 below, as of October 1997, Showboats International (another Ieading periodical and authority on mega yachts worldwide) reported 279 yachts under construction worldwide, a 15.7% increase over the same period the prior year. While the average size of the new vessels was 116 feet, it reported the greatest growth (32 of 68 total) in the 80'-89' range. 4 300 - 250- 200- 150 - 100- 50- 206 INF 1991 Figure 1: MEGA YACHTS UNDER CONSTRUCTION WORLDWIDE & U.S. 1991 - 1997 DWorldwide-New Builds ELLS. 1992 1993 1994 1995 1996 279 1997 During 1997 the U.S. ranked first in numbers of yachts under construction. Eighty- six (86) yachts with an average length of 114' were reportedly built in the U.S. yards.5 Between 1993 and 1997 the United States more than doubled the number of new mega yachts under construction. 3 Ibid. 4 ShowBoats International Volume XV Number VII. January 1998. 5 Ibid. 4 Economic Impact Of Mega Yachts On South Florida— MIASF An added indicator of the surge in yacht construction is the backlog for new vessels at leading boatyards worldwide. Currently the delivery time of new yachts has grown to an average of 2-3 years from start to completion. Trade press reports that such vessels are expected to maintain their market value and investors are betting that such acquisitions may be used and then sold to recoup the significant outlay. Additionally, industry suggests that the bottlenecks in new construction have added to active demand for existing mega yachts. ESTIMATED NUMBER OF MEGA YACHTS VISITING THE TRI-COUNTY AREA Reportedly, traditional vessel data bases such as "Lloyd's Registry" and "Fairplay" do not track the world's fleet of mega yachts. Again, by way of definition, this report assesses the fleet of vessels measured in excess of 80 feet overall. This threshold is not based upon any existing registration or documentation systems. Such ad hoc definition makes estimating relevant stratified numbers even more of a challenge. To accomplish the task, the gathering of existing information has been one of the key objectives in this study. As with the world-wide numbers, there is no definitive, readily available method for tracking the numbers of mega yachts entering the Tri-County county region. In view of this, available published documentation was obtained. Such sources serve both as indicators of overall trends in numbers of mega yachts, and also provide a "control" in the estimation of the absolute numbers of these vessels in the regions U.S. Army Corps of Engineers A recent study by the Army Corps of Engineers cited industry anecdotal information indicating that the fleet of such "mega yachts" numbered approximately 5,000 worldwide. According to the study, at any given time 10% of these vessels would be operating in the South Florida area. The same study noted 6 For a variety of reasons, sometimes business -related sometimes personal, vessels which may be home based in the region may actually be documented or registered outside of Florida. Because this study is also an economic impact estimate, this creates a downward bias on the overall estimates of economic activity concluded here. 5 Economic Impact Of Mega Yachts On South Florida — MIASF industry estimates that during the 1970's between 200 and 250 mega yachts were under construction annually.? Florida Vessel Registrations As noted above, official registration of such vessels is not conducted by one sole entity. The State of Florida does register commercial and pleasure vessels annually and lists them by size ranges. The "Class 4" motorvessels listed by the State registration agency includes vessels between sixty-five (65) and one hundred and ten (109'11"). This is the closest sorting of data available on the mega yachts. "Class 5" includes vessels over one hundred and ten (110') feet. Both categories include mega yachts, the subject of this report. In summary, 223 vessels in excess of 65 feet are registered by the State in the Tri-County area. For the state as a whole, there are 371 pleasure vessels in excess of 65 feet registered.(2) Figure 2 displays this listing of the pleasure craft by the two relevant size classes for both the Tri-County region and the State.8 State Tii-County Palm Beach Dade Brow® d Figure 2: TOTAL NUMBERS OF VESSELS GREATER THAN 6S REGISTERED IN THE TRI-COUNTY AND STATEWIDE —1996 -1997 345 205 58 a 45 111 102 ■110'ormore ❑ 65'-109'11" 0 so 100 150 200 250 300 350 40( 7 "Palm Beach County IWW Limited Reconnaissance Report" Limited Reevaluation Report. U.S. Army Corps of Engineers. Jacksonville District, South Atlantic Division. March 1997. 8 "Vessels Registered in Florida.' Annual Summary 1996-1997. Bureau of Vessel Titles and Registrations. Florida Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles. Tallahassee, Florida. The total number of such vessels was 371 statewide during the period, compared to 164 of the size ten years ago. The size categorries reported by the State do not separate vessels at the 80' LOA ("length overall"). 6 Economic Impact Of Mega Yachts On South Florida— MIASF While the State data provides a partial estimate, other methods are needed to refine an estimate of the Tri-County mega yacht population for economic impact enumeration. As noted above, the decision by mega yacht owners as to the location of a vessel's registration, home port, etc. is generally based upon a number of factors, which all serve to make an exact count using existing registry or license files impossible. The consolidation of a number of existing data sources herein indicates that several hundred mega yachts visit the Tri-County region for private cruising, commercial charter activities, completing normal repairs and maintenance; or major refitting. 7 Economic Impact Of Mega Yachts On South Florida — MIASF U.S. Customs Service Non -published information provided by the U.S. Customs Service indicates a total of 159 foreign registered vessels completed the required "License to Cruise in the Waters of the U.S." ("cruising permit") for Port Everglades during 1997. For the Tri- county region comparable numbers are: Port of Miami-172, and 150 for Palm Beach. Overall it is estimated that about 50% (240) of these are in the "mega -yacht" category and enter the waters primarily to cruise and have work completed at boat yards in the area. 9 Mega yachts which do not file the cruising permits, but rather pay Custom's duty, are not included in the numbers of cruising permits estimated above. Additionally, industry sources estimate that only 75% of the visiting foreign owned mega yachts are included in the cruising permit numbers. In summary, based upon this data, a total of 320 foreign flagged vessels are estimated to enter the region for cruising and boat yard work. Combining the two sources (locally registered craft in excess of 65' with the Customs estimates), 543 vessels in excess of 65' use the Tri-County waterways, services, and suppliers. A third source of mega yacht activity in the Tri-County region are the vessels which cruise and have work completed which are neither local nor foreign, but rather are U.S. owned mega yachts domiciled outside of the Tri-County region. No available current estimate of those mega yachts is available, although undoubtedly the information discussed below, which was gathered through interviews with the Tri- County boatyards, will reflect that third component of the mega yacht fleet also impacting the region's economy.t0 9 Personal communications U.S. Customs Port Everglades, U.S. Customs Port of Miami, and U.S. Customs Port of Palm Beach. In order to enter the U.S., recreational vessels must complete a document which allows it to arrive and depart from the U.S. and to cruise in U.S. waters for one year from date of issue. 70 One study estimated that thirty-five percent of tourist vessels are from the Northeast United States (8) 8 Economic Impact Of Mega Yachts On South Florida— MIASF Given the predominance of the South Florida -Caribbean region in the world's cruise industry, and the rapid growth of the overall industry, the growth in mega yachts numbers and activities has evidently also been dramatic." 11 According to the World Bank, the Caribbean hosts about 75 percent of the world's cruise business. Between 1986 and 1996, the volume of cruise passengers visiting the Caribbean increased from 5 million to 10.6 million. (2) 9 Economic Impact Of Mega Yachts On South Florida— MIASF U.S. Coast Guard Documentation The documentation of pleasure craft in excess of five (5) net tons is provided by the U.S. Department of Transportation's Coast Guard Documentation Offices. While voluntary, the documentation numbers provide an added indicator of the numbers of mega yachts. Information from the Coast Guard Documentation lists indicated a total of four hundred and eighty-three (483) mega yachts measuring eighty feet (80') or greater in the U.S. Of the total, one hundred and twenty-one (121) were listed as being "built or placed" in the Tri-County region during 1998.12 As discussed above, the decision to register a mega yacht via State of Florida licensing, or through the Coast Guard documentation, is based upon various factors considered by the owners. Members of the industry note, for example, that when mega yachts are financed, lenders normally require the U.S. Coast Guard documentation in order to perfect a maritime lien which will apply outside of a particular state's waters. Together, the Coast Guard documentation and State of Florida vessel registration numbers, are considered to be a verifiable and unambiguous source of information regarding the actual location of mega yacht ownership. Other Published Reports A 1994 report on the activity of "Tall Vessels" in the Fort Lauderdale area included a primary survey which estimated a total of 620 vessels in excess of sixty-eight feet (68') docked at local marinas. 13 Of those, 185 were in excess of ninety feet (90'). (3) One additional indicator of the importance of the region to mega yachts and the growth in such vessels was the 37th. Fort Lauderdale International Boat Show. Reportedly the Show hosted the largest single gathering of mega yachts in one location this past year. Over 160 mega yachts from around the world were present.14 12 Data obtained from the Coast Guard documentation data base was Yacht Sales, August 11, 1998. 13 The study was conducted to estimate the impact of the construction the intracoastal Waterway along the 17th. Street Causeway. (3) 14 Sun -Sentinel October 7, 1997. "Mega yacht impact to be studied.' provided by Bradford International of an 85' fixed span bridge spanning 10 Economic Impact Of Mega Yachts On South Florida— MIASF Boatyard & Vessel Services Survey 1997 -1998 Thomas J. Murray & Assoc. FDOT Annual Vessel Registration 1997 -1998 & U.S. Coast Guard Documentation Service 1998. Number Of Mega Yachts In The Tri-County Region 1997 900 US Customs Service Cruising Permits Data Port Everglades, Port of Miami, Port of Palm Beach Other Reports: City of Ft. Lauderdale Marina Survey — 1994 Univ. Miami Tourist Vessel Survey- 1991 TRI-COUNTY BOAT YARD SURVEY Primarily, the region's boat yards are the main recipient of the direct impacts of the mega yacht activity outlined above. As such, they provide a reasonable basis for developing an estimate of mega yacht visitation and expenditures in the Tri-County region. Interviews with boat yards directly involved in building, maintaining, and refitting vessels of the mega yacht category were conducted to gain descriptive and financial information for use in the impact modeling.15 15 Generally the boatyards capable of handling vessels of 80' or greater in length are classified as either Standard Industrial Classification (SIC) #3732 "Boat Building and Repairing", or (SIC) # 3731 "Ship Building". In general, the former classification applies to recreational boats of relatively small size and the latter includes 11 Economic Impact Of Mega Yachts On South Florida — MIASF Thirty-seven firms (37) in Broward County, thirty-one (31) in Dade County, and fourteen (14) in Palm Beach County are reported as having SIC 3732 classification. Of this total of eighty-two (82), industry sources estimate approximately seventeen (17) companies have the dockage and lift capacities (90 tons or over) to handle mega yachts. Because of the small number of such firms, information obtained from the boatyards interviewed is combined across the Tri-County region to insure against any disclosure of proprietary financial information. While perhaps not complete, the estimates are considered to be representative of mega yacht activity in the region and therefore useful for economic impact estimation. The table below illustrates the general Levels of activity for the largest boatyards which have the capacity to complete mega -yacht repair and maintenance work. Table II: NUMBER OF MEGA YACHTS AND TOTAL SPENDING AT MAJOR BOATYARDS IN THE TRI-COUNTY AREA —199716 Total Number of Mega Yachts Constructed or Serviced 842 Total Value Of Work Completed $199 Million Average Expenditure Per Vessel $236,000 Typically the boatyard expenditures are of two types: • Annual haul -out and routine maintenance. • Periodic vessel haul -out and complete painting and overhaul. Boat yards interviewed provided information on the numbers of pleasure vessels 80' and over on which work was completed. Additionally, estimates of the percentage of total sales and ranges of total sales represented by such vessels were firms primarily engaged in large commercial vessels such as cargo vessels, tankers, ships, etc.; yachts, either for commercial or recreational use, are also included in this sector. 16 See "Methods and Notes to Calculations." The average expenditures include also the cost of new construction, in view of the fact that the revenues for both repairs and new construction accrue to the same SIC 3732 and hence have the same impacts per dollar on the local economy. Excluded, however, are the often significant aspects of major vessel refurbishments typically not paid through the boat yard itself, for example fumiture, art works,etc. 12 Economic Impact Of Mega Yachts On South Florida— MIASF obtained. For all the boatyards capable of hauling vessels of this size, the work on the mega yachts comprised about 65% of the gross revenues during 1997.17 The boat yard visits clearly indicated significant variability between vessels and each project. For example, boat yards complete numerous annual "routine" haulouts for bottom cleaning, painting, etc. Annual repair and maintenance costs are quite difficult to show with "rules of thumb". Significantly adding to the boat yard's mega yacht activity, every three to four years mega yachts are hauled and completely painted. The cost to haul vessels clearly varies with size. For instance one 150' vessel was being hauled and painted during an interview with an estimated cost of $200,000. Additionally, the vessel's engines were to be overhauled, at a cost of approximately $150,000. While in this process at the boat yard, additional central air-conditioning, electrical generator, hydraulic pump and miscellaneous refurbishing were also being conducted. Such related projects added approximately another $200,000 to the mega yacht project's cost. Interior refurbishment's on such vessels can cost from $200,000 to in excess of $1,000,000. A typical 12 week job at a boat yard in the region could cost $2 million - $3 million for a vessel requiring major work.18 Many of those interviewed pointed out the expense also for "brightwork" aid "rigging". Interior decorating and refitting can be quite expensive particularly with vessels involved in charter markets. Such major overhauls conducted regularly, i.e. every 3-4 years over the life of a yacht, can take anywhere from 1-2 months to a calendar year. Anecdotes around the region's boatyards were sufficiently numerous to support the overall expenditures concluded here. There were a number of $2-3 million overhauls in various stages of completion at Tri-county boatyards at the time of this field work. As variable as the annual expenditures for "fixed" maintenance are to project universally, the operational expenditures of mega yachts also vary greatly. Perhaps the one "constant" in the ownership and operation of a mega yacht is continuation 17 The estimates ranged from 30-90% at individual boat yards capable of servicing mega yachts. 18 Ibid. U.S. Army Corps of Engineers. 13 Economic Impact Of Mega Yachts On South Florida— MIASF of the maintenance, repair and refitting expenditures associated with the vessel, irrespective of its use. 19 BROKERING OF MEGA YACHTS Much of the business related to boat yards is actually generated by the activities of the Tri-County yacht brokerages. Both in terms of the sale of "new builds" and existing mega yachts, the region leads the world in the brokerage sector.20 Reportedly the brokered sale of new -builds surpassed the sale of used mega yachts during the past two years.21 The dependence of the boat yards and builders upon the brokers is widely acknowledged in the industry. Both builders and repair yards gain economically by maintaining lower costs of sales by relying upon the network of brokers. The professional brokerages offer the boat yards critical first points of contact with prospective buyers, rather than creating and maintaining dedicated sales capability. TABLE III: ESTIMATED MEGA YACHT SALES AND COMMISSIONS AT TRI-COUNTY BROKERAGE HOUSES —1997 Gross Mega Yacht Sales $1,010 Million Average Commission 7.0 Total Commission Revenue $73.3 Million 19 In addition to hull and machinery upgrades, major refurbishments on mega yachts typically include such things as deck replacements,replacing galley appliances and electronics, air conditioning systems; rebuilding pumps and transfer systems, often installing larger tenders and davits; dismantling, redesigining , and replacing all interior spaces from master suite to crew quarters, etc. For a well detailed account of such refurbishments see ShowBoats International Volume XV Number II, May 1997: "Feadship's 142' Cakewalk is Reborn in Florida". 20 A 1991 study estimated that sixty percent (60%) of Florida's 527 yacht brokerage firms were located in the Tri-County region. It was estimated that the Florida yacht brokerage industry generated $109 million in gross commissions and charter commissions in 1990 . The study did not include the sale of new vessels, but did estimate that 5% of the total economic impact of the boating industry in Florida was attributable to this sector.(4) 21 Independent brokerage houses are considered the most important source of new yacht orders for shipyards. Capital Shin VolumeVll, Number 3 March 31, 1997. 14 Economic Impact Of Mega Yachts On South Florida — MIASF Economic impact estimates must include evaluation of the trade, or brokering, of mega yachts. For example, the leading industry periodical of brokered sales of vessels listed 248 of 491 mega yachts for sale (51%) by brokers located in the Tri- County region. Combined, the Tri-County brokerages listed $1.097 billion in existing mega yachts. The average asking price for these vessels was $4.4 million.22 While the concentration of such vessel -related trade in the region is one clear indication of the region's importance in all phases of mega yacht related business, the complex role of the vessel brokerage industry cannot be fully evaluated from existing data bases or studies. While the brokering of mega yachts generates commissions to the region's industry; beyond that direct economic linkage, considerable synergism is provided by the yacht brokers in the overall mega yacht sector. For example, the broker's key role in the merchandising of mega yachts strongly influences the positioning of these vessels worldwide. The influence of the brokerage link between buyer and seller (including builders) cannot be overstated. Although it has been said that the listings never completely reflect all vessels which may be for sale, (one observer noted: "most mega yachts are for sale all of the time") they do provide another "gauge" of mega yacht presence in the Tri-county region. The concentration of business within the brokerage sector is as significant as in the boat yard and the charter sectors. Fewer than ten percent (10%) of the brokerage firms had more than five (5) brokers, seventy-three percent (73%) had 1 to 2 brokers according to a 1990 study. (4) The commission structure of the brokerage sector varies considerably. However, industry norms of about five percent (5%) commission on "new -builds"; and, on brokered "second-hand" yachts, the commission (which is often split) is 10 percent (10%). As a general rule, however, the latter is often negotiated on "second-hand" mega yachts. Survey information provided the authors by major brokerages in the region, revealed an overall commission of 7% during 1997 for vessels eighty feet (80') and over. The commissions reported, ranged from 4.3%-10.0% on mega yachts sold by brokerages providing data. 23 22 The average value should be judged relative to the range of asking prices; ie from $229,000 to $35,950,000. "Buc Yacht Sales Network" 8/98. 23 The brokers survey was completed by companies estimated to contribute 26% of the mega yacht activity. The total estimates are an expansion based upon that survey. 15 Economic Impact Of Mega Yachts On South Florida— MIASF 700 600 500 400 300 200 100 MEGA YACHT CHARTERING Overall, there are generally considered to be about 4-5 "clearinghouses" of mega yacht charters in the study area. Consensus estimates are that approximately 500 mega yachts are chartered worldwide, or about 10% of the fleet.24 Of the world total, The Tri-county is home base of repairs and maintenance to an estimated 250 mega yachts; 50% of the worldwide fleet. In general the charter fleets necessary annual yardwork will occur about October through November and then again in the spring. On average, chartered mega yachts would be in the boatyard for about 2 months per year. Figure 3: NUMBERS OF CHARTER MEGA YACHTS AND ALL CHARTER VESSELS WORLDWIDE — BY REGION —1998 ■AII Charter Vessels l Charter Mega Yachts 0 FloridaB ahamas/ E. Coast/N. Caribbean America East &West Mediterranean Othe r/Pa cic W. Coast/N. Amerca Britain/N. Europe 24 The use of the word charter does not include the extensive "Bareboat Chartering" businesses which operate fleets of generally 'standardized" smaller craft focusing mostly on the Bareboat sailing charters of craft 30-50 feet. 16 Economic Impact Of Mega Yachts On South Florida— MIASF While operating conditions and management of charter mega yachts vary, typically vessels take an average of 4-6 weeks per year for normal repair and maintenance. Further, every 4-5 years such vessels require much more extensive refurbishing, repair and maintenance. Many of the chartered vessels transit the Atlantic for the Summer season in the Mediterranean; returning to South Florida again in the late Fall for the winter season which is centered in the Caribbean. It should be restated that the periods in the boat yard outlined here, pertain to "routine" repairs and maintenance. Such periods increase dramatically during refitting, major overhauls or capital repair, interior refurbishing, paintwork etc. The actual period of time a vessel is chartered generally ranges from 6-24 weeks. On the average such charters would reasonably be expected to employ the vessel for fourteen (14) weeks annually. The Caribbean season generally begins around Christmas and the Mediterranean and New England seasons in the summer. The amount of time spent in the regions boat yards is also dependent upon the ultimate cruising destination. Estimated Number of Charter Mega Yachts in the Tri-County Region Information provided by charter industry professionals reflects the leadership if not dominance of the Tri-County region in the mega yacht chartering sector. Of the ninety-six (96) charter brokers listed worldwide in the "Charter Data Bank International, Inc."(CDBI), twenty-seven (27) of the companies are located in the Tri- county region, or about 28% of the number of CDBI registered charter companies worldwide 25 In total, Tri-County firms chartered 216 vessels; 34% of the mega yachts listed for charter in the international CDBI data.(6) A total of three hundred and forty-eight (348) of the vessels chartered worldwide were 80 feet and over. One hundred and eighteen (118) of the yachts chartered by charter brokers in the Tri-County region were 80 feet or larger.26 25 Discussions with industry members suggest that about 40% of the mega yacht charter business is conducted by Tri-county region businesses. Worldwide it is estimated that about 80% of the mega yacht charter business is conducted by 10% of the charter brokers. Similar concentration is noted in the bare boat charter industry where 4% of the firms conduct 52% of the charter weeks booked.(7) 26 Based upon statistics developed from of Charter Data Bank International, Inc. (6) 17 Economic Impact Of Mega Yachts On South Florida— MIASF Another indicator of the regions importance to the charter industry is the membership of the largest trade organization representing charter brokers in the U.S.: the Ft. Lauderdale based "Charter Yacht Brokers Association"("CYBA"). CYBA membership consists of eighty-five (85) member companies involved in yacht chartering; seventy-four (74) are located in the Tri-County region. 18 Economic Impact Of Mega Yachts On South Florida — MIASF Table IV: ESTIMATED NUMBERS OF CHARTER YACHTS AND CHARTER MEGA YACHTS AVAILABLE WORLDWIDE — BY VESSEL'S PRINCIPAL CHARTER REGION —1998 Charter Region Mega Yachts All Vessel Sizes % Fleet Mega Yachts Caribbean & Florida27. 181 680 27% E. Coast N. Am. 48 70 69% E. Mediterranean 111 180 69% W. Mediterranean 110 220 62% Britain/N. Europe 6 9 67% W. Coast N. America 13 34 38% Pacific/Ind. Oceans 22 42 52% S.E. Asia 12 15 80% Other 5 14 36% Total 508 1264 40% Survey derived estimates for the mega yacht charter fleet are not obtainable from existing published sources, therefore reliance upon charter industry information and the CDBI is warranted. Comparing the two leading charter regions: the Mediterranean and the South Atlantic (Caribbean, Bahamas, and Florida), interesting comparisons are noted in the composition of the charter fleets between the two regions. While over one half (54%) of all of the estimated crewed charter vessels listed in the CDBI record the South Atlantic as their primary location, the region hosts about one third (36%) of the mega yachts available for charter. The Mediterranean charter fleet represents the largest concentration of mega yachts chartered worldwide (43%). The Mediterranean charter fleet listed in the CDBI consists of 56% mega yachts. 27 The region includes the Bahamas. 19 Economic Impact Of Mega Yachts On South Florida— MIASF As with the construction, repair and maintenance expenditures discussed above, the charter rates among vessels and between regions make the use of averages problematical. The table below illustrates the great variability between mega yachts in terms of amenities and associated charter rates. While not a stratified random sample of the population of mega yachts involved in charter activity, averages derived from this sampling are indicative of the expenditures associated with mega yacht chartering in the Tri-County region. Table V: RANDOMLY SELECTED MEGA YACHTS LISTED BY TRI-COUNTY BROKERS FOR CHARTER BY TYPE, REGION AND CHARTER FEE —1998 Length (Feet) Builder # Crew Rate/Week Winter Location Summer Location 85 Baia 2 $16,500 Fl/Bahamas FI/Bahamas 80 Hatteras 3 or 4 17,000 Mexico Fl/Bahamas 90 Azimut 2 17,000 Caribbean New England 92 Broward 4 23,000 Fl/Bahamas Fl/Bahamas 105 Broward 4 25,000 Fl/ Bahamas FI/ Bahamas 100 Broward 4 or 5 27,000 Caribbean Fl/Bahamas 105 Broward 4 or 5 32,000 Caribbean New England 120 Feadship 6 39,000 Fl/Bahamas FI/Bahamas 100 C&N 5 - 39,900 Greece Greece 175 CRN 13 147,000 Caribbean Mediterranea n 218 Krupp 14 147,000 Caribbean Mediterranea n 189 Austin/Pickersgi 11 16 $182,000 Caribbean Mediterranea n The range of vessel sizes (80'-218'), crew sizes (2 to 16) and charter rates ($16,500- $182,000 per week), illustrate the spectrum of charter vessels operating in the 20 Economic Impact Of Mega Yachts On South Florida— MIASF region. As such, they are a basis for expansion of the overall charter revenues currently generated in the Tri-County area. When these averages are utilized with the estimated numbers in the mega yacht charter fleet, total revenues levels can be characterized. Table VI : ESTIMATED NUMBERS OF MEGA YACHTS CHARTERED AND TOTAL REVENUE GENERATED BY CHARTER BROKERS IN THE TRI-COUNTY AREA — 1997 Total Number of Mega Yachts Chartered 118 Average # Weeks Chartered 14 Average Charter Fee/ Week $59,000 . Total Charter Fees Generated $97 Million Total Charter Commissions Earned $14 Million The charter broker industry reports a generally recognized commission for charters of this type of fifteen percent (15%) of the gross charter amount. Using this industry norm then, an estimated $14.625 million in charter commissions was received by Tri-County charter brokers in 1997. There are clearly additional impacts related to the charter business. For example, one leading charter broker indicated that yacht charterers oftentimes become yacht 28 owners. As noted above, the World Bank estimates about 85% of the cruise ship business is associated with the Caribbean region. Similar findings have illustrated the predominance of the region in the Bareboat charter industry. According to research conducted by the "NY Times Company", the Caribbean represented 61% of the 28 The charter of mega yachts by prospective purchasers of new and used yachts, often enhances refurbishing decisions which often accompany the purchase of used mega yachts, according to industry. 21 Economic Impact Of Mega Yachts On South Florida— MIASF charter -weeks booked during 1996; another 29% involved Florida and the Gulf Coast29. 29 Of the Caribbean region the Virgin islands and Puerto Rico constituted 64%. Bareboat business booked for the Caribbean estimated revenues of $38.0 million in 1996.(7) 22 Economic Impact Of Mega Yachts On South Florida— MIASF ECONOMIC IMPACTS OF MEGA YACHTS IN THE TRI-COUNTY REGION The first economic impacts of the mega yacht activity begin with the infusion of "outside" dollars in to the region.30 As outlined above these dollars come from four sources: • Expenditures for construction, maintenance, repair, refitting, etc. of mega yachts. • Revenues generated by the brokering or sale of mega yachts by companies located in the region. • Revenues generated by the chartering of mega yachts by companies located in the region. • Expenditures by mega yachts for dockage, fuel and consumables. The available information allows the partial estimation of the first three types of economic impacts sources. These three types of impacts (the vessels using the region's boatyards and the impacts of brokerage sales and charter fees estimated above) are combined to provide the partial estimation of the direct economic impact of the mega yachts on the Tri-County region. Once the direct impacts are accounted for, the Implan model determines the multiplier effects as shown in Table VII. Table Vil: PARTIAL SUMMARY OF ESTIMATED ECONOMIC IMPACTS OF MEGA YACHTS ON THE TRI-COUNTY REGION —1997 ($ MILLIONS & NUMBERS OF JOBS) Impact Type Total Direct Indirect Induced Output $497.0 $287.0 $89.0 $120.0 Employment (FTE Jobs) 5,364 2,931 850 1,583 Employee Compensation 166.7 97.8 26.9 42.0 Personal Income 179.2 103.4 29.5 46.3 Total Value Added 236.6 109.3 47.5 79.8 Business Taxes $21.5 $7.7 $5.2 $8.6 30 See Notes to Calculations and Methods for a description of economic impact analysis used herein. 23 Economic Impact Of Mega Yachts On South Florida— MIASF (sales, excise, etc.) The impacts outlined in Table VII on the previous page are independent of the significant activity generated by the operation of mega yachts for charter and private use. No existing information allows the estimation of these expenditures specifically occurring in the Tri-County region. Additional research is required to estimate the operating expenditures of the fleet (aside from the shipyard costs, etc. outlined above) and allocate them to the study region. Sensitivity analysis however can demonstrate the level of expenditures common to such vessels. To illustrate those impacts, information was gathered on the operating costs of mega yachts for charter and private use. Based upon those actual cases, an average operating cost structure for a 130' hypothetical charter vessel is shown in Table VIII. Utilizing the Implan model impact multipliers, a representative charter vessel will have direct impacts in areas where the expenditures occur of $1.1 million. Such direct impacts result in total economic impacts of $1.95 million from a charter mega yacht's operation. As would be expected, the significance of personnel costs in the charter operations significantly exceed those on the private mega yachts. The importance of food and beverage services and local transportation for luxury yacht enthusiasts appear to add to the expenditure of charter operations compared to the entirely private mega yacht operation. The following summary of charter mega yacht operating expenses is an average of actual year end financial information for three charter yachts. While termed a hypothetical case, it is believed to be representative of the levels and types of spending associated with such mega yachts operating world-wide, and centered in the Tri-County region. 31 31 Typically mega yacht charter agreements are based upon a listed charter fee -+ all expenses'. Such highly variable and significant costs may include fuel, liquor, etc. As noted, the partial economic impact calculations herein do not include these vessel expenditures. 24 Economic Impact Of Mega Yachts On South Florida — MIASF Table Vlll: ESTIMATED OPERATING COSTS 130' CHARTER POWERYACHT —1997 Mega Yacht Cost Category Cost ($) Percent of Overall Cost Shipyard Expense 217,134 20% Boat Supplies 52,254 5% Repair & Maintenance 74,593 7% Fuel & Oil 43,397 5% Vessel Insurance 50,795 5% Temporary Help 31,138 3% Dockage 45,257 4% Capital Equipment 17,265 2% Gross Salaries (Crew) 329,424 31 % Other Fees & Owner Expense 48,326 5% Food Crew, et. al. 84,448 8% Communications 34,093 3% Captains Petty Cash 24,599 2% Transportation 23,954 2% Uniforms & Laundry 10,350 1 % Crew Insurance 7,461 1 % Flower Expense 4,633 less than 1 % Entertainment Library 1,613 less than 1 % Total Expenses $1,100,734 97.00% (equals less than 100% due to rounding) 25 Economic Impact Of Mega Yachts On South Florida— MIASF FUTURE ISSUES IMPACTING MEGA YACHT ACTIVITY IN THE TRI-COUNTY REGION Extensive discussions and meetings with the industry while preparing this assessment served to identify central issues for action related to mega yacht construction, repair, maintenance and visitation in the Tri-County area. Generally they may be categorized under standard market economic concepts. Supply Side Issues Regional And International Competition The industry feels that the Florida Sales Tax on vessel repairs and maintenance clearly disadvantages local businesses relative to key competitors such as Savannah, Georgia. Competitive regions have deemed it desirable to exclude vessel maintenance expenditures from normal sales taxation in the interest of gaining a larger share of the mega yacht economy. Industry feels that given the mobility of mega yachts, such substitute areas have already shifted an undetermined amount of Tri-County mega yacht business in their favor.32 A good example of the competition for the mega yacht market is the aggressive private and public sector partnership in Rhode Island. The State of Rhode Island repealed the Sales and Use taxes on boats in 1993. The industry which supported this exemption, created a "Partnership for Economic Initiative" in the marine trades. The primary goal was to promote job creation and economic development within the marine industries. During 1996, application was submitted to the U.S. Department of Commerce's Economic Development Administration ("EDA") which would foster this "workforce development program" and help subsidize a marketing program aimed at attracting foreign buyers to visit Rhode Island and supporting export trade development. In addition, local communities have allocated Community Development Block Grants ($100,000 FY 1996) to match such recreational boating initiatives. (11) Adding to this potential competition, major American shipyards may be expected to look for new "lines of business". Generally, major U.S. commercial shipyards are 32 At an industry focus group meeting on mega yachts, one boat yard operator estimated that his firm has lost $10 million over six (6) years to Georgia which does not have a sales tax on labor. 26 Economic Impact Of Mega Yachts On South Florida— MIASF not competitive with "more efficient" yards in Asia and Europe. While looking mostly at the traditional Defense Department relationship to reverse the current downturn, it is expected that commercial shipyards may become more involved in the servicing of mega yachts.33 While the major shipbuilding yards have been primarily dependent upon the large scale procurement of the Defense Department business, other smaller shipyards, particularly those located in the Gulf and Atlantic regions, can be expected to attempt to put such capabilities and locations ("stranded assets") to work in serving the currently expanding mega yacht market. Logistical Issues Logistical issues also serve to limit the competitive position of the Tri-County region. For example , the current depth of Fort Lauderdale's New River and powerline heights, restrict vessel access to the area. Access is provided from the north and south by the Atlantic Intercoastal Waterway (ICW). The larger mega yachts are reportedly provided access solely through the Port Everglades Inlet, which connects the Atlantic ocean to the ICW. • Reportedly the steady increase in the size of mega yachts being constructed will be a challenge for Tri-County boat yards relatively limited haul out abilities. One option, according to industry, lies at Port Everglades. The Port's current focus upon commercial shipping (while virtually excluding recreational) is an issue to the recreational sector which should be addressed. Sources in Fort Lauderdale indicate that the Port Everglades master plan does not include recreational boating facilities. • Environmental compliance costs and restrictions are increasing at Tri-County boat yards and are considered by boat yard operators to be particularly onerous when compared to competition outside of the Tri-County and State of Florida. For example, given the close proximity of newly developing boat yards, such as in the Bahamas, etc. Tri-County industry is understandably concerned about comparative cost structures. 33 The Newport News, Virginia shipyard built 20 ships per year in 1989, and reportedly is now building about four per year. The Economist, May 1998. 27 Economic Impact Of Mega Yachts On South Florida — MIASF Labor And Training Issues • Consensus also is evident in the lack of availability of quality skilled labor to meet the growing demands of the mega yacht sector. The shortages are being experienced both at the boatyard and vessel service sectors as well as within the charter industry. Many feel that this situation suggests a priority be given to focused technical education and recruitment. • Employment complications relative to foreign crews placed on vessels and the foreign flag situation are considered to be a great hindrance to the region's competitiveness in the charter industry. Broader merchant marine and "Jones Act" issues are also at the heart of the present employment dilemma facing the region's charter and boat yard industry. • A simple estimate of the mega yacht crew needs based upon new construction suggests that an additional 1,100 crew members of various specialties are needed to accommodate staffing needs of the newly constructed mega yachts. Qualitative Aspects And Competitive Advantage Issues regarding the "qualitative aspects" of yacht location and attraction; including issues of the derived demand for real estate stemming from both yacht owners, operators, and supporting businesses are locally important. Such elements include mega yacht crew housing availability and the relationship of the mega yacht sectors luxury demands relative to existing hotel facilities. While no specifically compelling issues were exposed during this project, discussion with those in the charter sector clearly demonstrated the sensitivity of future charter prices to the availability of substitute lodging in the region such as luxury villas. As with the cruise ships and Bareboat charter sectors of the marine charter trade, the Tri-County region is threshold to the most popular cruising destinations in the World. This key location has been in part responsible for the Tri-county area's dominant position. However, the dominant position of the region seems to relate primarily to its absolute advantage in the servicing of the vessels. None -the -less, as noted during the study, several other proximate regions such as Tampa, Florida; Mobile, Alabama; Savannah, Georgia; etc. are in the process of actively pursuing this expanding mega yacht niche market. On a broader scale, similar issues of competitive advantage in conducting business related to mega yachts suggest a need for vigilance from the community and the 28 Economic Impact Of Mega Yachts On South Florida— MIASF industry. For example, while the U.S. leads the world in new construction (increasing output by 7%), it lost four percent (4%) in overall market share. The United Kingdom, Canada and Turkey actually doubled the new construction numbers over the prior year.34 34 ShowBoats op cit. 29 Economic Impact Of Mega Yachts On South Florida— MIASF Although still a relatively small competitor in the world yacht construction business, the Turkish experience serves to illustrate the state of global yacht construction, servicing and chartering competition. Approximately 10 percent of the new yacht starts accruing to Turkish builders are at least in part due to Turkey's tourism strategy which began in the early 1990's. (8) One area targeted for Turkey's economic development initiative was the attraction of yacht building investments.35 In 1996, Turkey began a five-year plan to improve yacht tourism. The program includes provisions for an increase in yachting capacity over a two year period. To that end, legislation is now in effect which requires tourism investors wishing to build a tourism complex to have a yacht marina of specified capacity. In addition to the increases noted in new yacht construction, Turkey has increased its share of world tourism from 0.3 percent (0.3%) a decade ago to 1.4 percent (1.4%). Today, Turkey accounts for 2.6 percent (2.6%) of the European tourism market. Clearly, many of the government subsidies have fed the growth of tourism and the associated mega -yacht sector. According to industry sources, Turkey has a natural advantage in promoting its "thousands of years of history". Furthermore, Turkey is considered to be entirely "open" to the world's chartering mega yachts, while reportedly neighboring Greece ( similarly with thousands of years of history) is quite exclusive to foreign owned mega yachts. Added competition for the mega yacht dollar will come from the provision of large luxury cruise ships now being constructed which offer the purchase of condominiums on ship. Recent media reports of such offerings have included new luxury shipboard condominiums in the $6-10 million range. Such "substitutes" to mega yachts are already available via the chartering of luxury villas within the world's charter regions, as well as the "smaller luxury cruise lines". Significantly, the most frequent question facing those involved in the many facets of the mega yacht industry is "will the current boom ever stop"? Based upon history, most believe that such growth may not be assumed for the future. The correlation, reflected in Figure 4, between the growth of wealth on the world's leading market and the growth in mega yacht construction, is striking. 35 Personal communication on mega yacht business in Cyprus and Turkey, Dr. Gary Kritz, Assistant Professor of Marketing Coastal Carolina University, Conway. S.C. 1998. 30 Economic Impact Of Mega Yachts On South Florida— MIASF As the world marketplace has been, and will continue to be, vulnerable to volatility from political and economic factors; so also will the world's mega yacht business be susceptible. Standard economic theory suggests that such downturns could only lead to a devaluation of the assets involved in the mega yacht industry. There are those however, who feel that the mega yacht business is driven by such wealth that it is "immune" to the "normal business cycles. Because the mega yacht market is not a "mass market", perhaps it will offer more stability than the market at large. Figure 4: COMPARISON OF CUMULATIVE TOTAL RETURNS — DOW JONES EQUITY INDEX AND WORLDWIDE MEGA YACHT CONSTRUCTION INDEX —1992-1997 250 200 150 100 50 0 1992 1993 1994 1995 1996 1997 _11."—Equity Returns Index w or Idw ide M ega Yacht Constr uction Index 31 Economic Impact Of Mega Yachts On South Florida — MIASF CONCLUSION While the U.S. leadership in new construction of mega yachts continues, it is perhaps a bellwether that the nation's leadership is not quite keeping pace with such growth worldwide. A number of factors have been illustrated here which may partly explain the recent shift in the overall growth in the U.S. mega yacht activity. A similar situation faces the Tri-County region. The Tri-County region's position of prominence in the mega yacht sector is widely recognized and apparent despite the paucity of published information regarding certain economic impacts of the mega yachts noted herein. As the most important participant in the U.S. mega yacht sector, the Tri-County region must continue to strive to enhance its position. Such an effort will require a strong partnership commitment and cooperative effort between the world's leading mega yacht industry and the community. Such issues as the growing relative scarcity of qualified labor, relatively unfavorable tax and regulatory structures, etc. must be addressed in order for the region to maintain its current advantage, in a world of increasingly acute competition for the mega yacht related economic base. Finally, while the economic descriptions contained in this report are impressive, they are already in need of further refinement and updating. Expanding the information available to keep pace with the record growth and current historically high level of mega yacht business, will be a challenge to the industry and the Tri- County region's leadership. 32 Economic Impact Of Mega Yachts On South Florida— MIASF METHODS AND NOTES TO CALCULATIONS Visits to boat yards involved with vessels of this size were conducted and information on numbers of vessels 80' and longer that docked, underwent vessel furnishing, provisioning, repairs, maintenance, painting, etc. during 1997 was obtained. While the visits did not include the total number of boatyards involved in the servicing of mega yachts, those visited were considered to be the most significant in terms of the numbers of vessels, and reported sales and employment data provided by Implan.(1) In summary, a total of fourteen (14) boat yards made information on mega yachts available. By most informed accounts this is a significant coverage, eighty-two percent (82%), of the seventeen (17), enterprises, which may be involved in mega yacht servicing in the Tri-County region. Further, the companies involved in the author's boat yard survey clearly handle in excess of 82% of the mega yacht service business, in terms of revenues generated and ultimate economic impacts. As such, the estimates herein are considered reasonable atd the best currently available. Based upon the information provided in the boat yard survey, mega yachts currently represent fifty-four 54% of the gross output of the boat yards in the Tri- County region. The commission structure of the brokerage sector varies considerably. However, industry meetings did acknowledge some "norms". Generally five percent (5%) commissions are paid on "new -builds" and, on brokered "second-hand" yachts, the commission (often split) is 10 percent (10%). As a general rule, however, the latter is often negotiated on "second-hand" megayachts. The estimations of commissions earned and dollars impacting the Tri-County region are based upon the information provided by the Florida Yacht Brokers Association members interviewed by the authors. Economic Impact Analysis Economic impact analysis begins with introducing a change in the output of goods and using the multiplier model to analyze the effects on a region's economic base. The standard input-output model estimates the direct, indirect, and induced economic implications of some basic economic activity. The secondary effects (the indirect and induced impacts), along with the basic economic activity estimates, 33 Economic Impact Of Mega Yachts On South Florida— MIASF provide an estimate of the "multiplier" effects from the basic activity (direct impact). In the standard input-output model, measures of aggregate economic activity are used as a basis for estimating the total economic impact of the subject activity. For example, measures of direct employment or total sales in an industry are obtained, and these are then used as a basis for evaluating the total impact. In this report, estimates of the primary sales by category were obtained and used as the base measure of the "direct impact" of the industry. Given this measure of the direct purchases of the mega yacht -related industry, an estimate is made of the indirect impacts using information on the interactions between these industry sectors and other economic sectors which are, to varying extent, dependent upon such boat -related industry. For example, suppliers of materials utilized in a mega yacht's construction, repair, operation, etc. are also dependent upon the vessel's purchase of boat -related goods and services. These added sales or impacts are referred to as the "indirect impacts." Such "indirectly" dependent sectors include hundreds of other types of manufacturing and trade, for which industrial classifications range from "Boat Building and Repairing" to "Veneer and Plywood." Ultimately, the direct sales activity, and he resulting indirect activity, generate some increases in the general level of employment and income in the study area. The extra income generated in this way leads to a third "wave" of economic impact through greater household expenditures on goods and services. Much of this additional respending will also occur within the study area, further expanding economic activity. These effects are referred to as the "induced impacts" of the industry. Economic Input -Output Model Application Most regional input-output studies attempt to characterize either the economic impacts of specified changes in final demand for a given set of products, services, and industries, or, the economic significance of specific industries in a regional and national economy. The research described herein accomplishes the latter task. It in part assesses the economic significance of the mega yachts on boat -related industries located in the Tri-County area. 34 Economic Impact Of Mega Yachts On South Florida— MIASF Because of the interrelationships among the many sectors of an economy, such new basic economic activity (such as sales induced by repairing or outfitting a mega yacht) will generate additional waves of economic impact. By stimulating the expenditures by out -of -region visitors and the export sale of marine products, the mega yacht activity initiates such rounds of economic impact. For example, the supplying of boat -related goods and services in the Tri-County region calls forth additional activity among the suppliers of necessary inputs, as well as among distributors of boat -related products, warehouses, and retailers. The impact of the sale of a dollar of boat -related goods and services, generates activity not only for the retail sector, but also indirectly generates economic activity for suppliers, accountants and programmers whose employment supports the operation of the retail enterprise. In an analogous way, the activities of boat -related marketers and consumers will generate multiple rounds of economic activity. As mentioned above, economic impact analysis is an attempt to provide an estimate of the total impact of any economic activity in any region, including, not only the primary economic impact, but also secondary and tertiary impacts. The ImpIan Model Many economic impact studies use information from the Regional Inter -industry Impact Model - (IMPLAN). This model was developed using a combination of direct survey data obtained through national surveys of inter -industry interaction, and then, "shares down" the inter -industry relationships to the local or regional level, based upon the structure or employment structure of industries in the state or region. The IMPLAN model used herein includes industry linkages specific to Broward, Dade and Palm Beach Counties. From these government derived regional inter -industry relationships, output, income and employment multipliers are estimated. Thus, in terms of simple analysis of the aggregate impacts of activity on the regional economy, published government estimates of the multiplier are used. The use of the "IMPLAN" multipliers for the present analysis is considered reasonable, as they were adopted from a recent study by the author and the University of Florida related to the same industrial sectors and region. (10) 35 Economic Impact Of Mega Yachts On South Florida — MIASF To perform the impact analysis, initial information on the level of primary, or "basic" economic activity, for the industry studied is needed. As mentioned above, measuring the total economic impact of any product, good, or service such as mega yacht activity first requires an estimate of the volume of the goods sold to the vessels. 36 Economic Impact Of Mega Yachts On South Florida— MIASF QUALIFICATIONS First and foremost, the above reporting is the best information available to the author at the time of the report. The entire business of mega yachts worldwide continues to unfold and grow. What is presented herein is simply a snapshot of an ever changing luxury yachting picture. The estimates do not include many of the expenditures made in refurbishing and decorating mega yachts through local specialty services. The continued use and growing market for mega yachts has generated very significant expenditures for refurbishment, many of which take place in conjunction with the purchase of a new or used mega yacht. The impacts of the brokerage sector do not include many of the professional services which are required for each sale of a mega yacht. For example, each transaction requires additional proceedings such as marine condition and valuation surveys, insurance transactions, documentation and related paperwork, etc. Such expenses accompanying the sale of mega yachts reportedly can add 20% to the brokerage commissions estimated herein. The charter impact analysis does not include the reportedly significant daily charter of luxury mega yachts which takes place in the Tri-county area. The relative distributions of charter vessels and mega yachts worldwide relies on data provided by the Charter Data Bank International (CDBI). While reported by industry to be the best such accounting for the crewed charter industry, it may be underestimating such activities in certain regions of the world. For example, CDBI personnel suggest that perhaps the West Coast of North America, New Zealand and Australia listings may not be as comprehensive as the primary regions noted above. Also, industry sources suggest that the Mediterranean area may be understated somewhat. Most importantly perhaps, the inability to allocate mega yacht expenditures beyond those incurred at boat yards severely understates the overall economic activity associated with such vessels in the Tri-County region. For example, the expenditures for the hypothetical charter mega yacht outlined above suggest that overall economic impact estimates on the region may be double the amounts documented herein. Review of the primary invoices for selected mega yachts 37 Economic Impact Of Mega Yachts On South Florida — MIASF suggested the extreme difficulty in correctly allocating overall expenditures to the region at a level specific enough to calibrate the Implan model. 38 Economic Impact Of Mega Yachts On South Florida-- MIASF ECONOMIC IMPACT DEFINITIONS: Impact multipliers measure the direct, indirect and induced impacts resulting from purchases of raw materials and labor due to changes in final demand for a sector's products. In general, the greater a sector's dependence upon other regional industries for raw materials and services, the larger the impact multiplier. Indirect impacts are created through the sale of materials and services to the industry by other regional industries. Induced impacts arise from the spending by employees in a primary (direct) or support (indirect) industry. The employee spending takes place throughout the regional economy through retail purchases, financing, and sales of added goods and services. Total economic activity for a sector is the sum of total output and the output generated in other sectors of the region's economy due to the indirect and induced impacts explained above. Total employment is the sum of direct, indirect and induced employment. It is expressed in "full-time employment— (FTE). An FTE could be made up of, for example, 12 people working one month each. Total income is the sum of direct income earned by employees in each sector and the income generated in other sectors due to indirect and induced effects. Total output for a sector is the sum of in -state sales and exports. This is measured in terms of dollar value of each sector's sales to final demand. Value added provides a measure of the wages, interest, rent, and profit earned by employees and owners of firms within each sector. Generally it is the difference between price received for a product and the required material input costs, other than management and labor. 39 Economic Impact Of Mega Yachts On South Florida— MIASF LITERATURE CITED: 1. "Implan Professional Social Accounting & Impact Analysis Software, 1997, and 1995 state data package for Florida (1998). Licensed to the University of Florida by Minnesota Implan Group, Inc., Stillwater, Minnesota. 2. "Vessels Registered In Florida." Annual Summary. 1996-1997. Bureau of Vessel Titles and Registrations. Florida Department of Highway Safety and Motor Vehicles. 3. "Analysis of the Economic Impact on Fort Lauderdale of Vessels in Excess of Eighty Feet in Height" Michele Mellgren. Economic Development Department City of Fort Lauderdale, Florida February, 1994. 4. "Economic Impact of Yacht Brokerage Industry on the Florida Economy." The Boating Research Center University of Miami. October, 1991 5. St. Petersburg Times Sunday May 3, 1998. "The Caribbean Report". Compiled from Times wires including information from the Financial Times. 6. "CDI Guide" Charter Data Bank International Tequesta, Florida. January, 1998. 7. "Bareboat Charter Industry Study" The Sailing Company in conjunction with the New York Times Company Magazine Group, Inc. Research Resource Center. 8. "Investing in Turkey" Undersecretariat of the Treasury and Foreign Trade, Republic of Turkey, (1992). 9. "Report on Preliminary Results of the Study to Estimate Local Spending and Economic Impact of Tourist Boats in Florida" Boating Research Center, University of Miami, Miami, Florida. (1992). 10. "Economic Activity Associated With The Thirty -Eighth Annual Fort Lauderdale International Boat Show -October 30-November 3, 1997." Thomas J. Murray & Associates in conjunction with The University of Florida. (1998) 11. "Annual Report on the Sales Tax Repeal -Year Four (1996)" Rhode Island Marine Trade Association -East Bay Economic Initiative. 40 Economic Impact Of Mega Yachts On South Florida — MIASF ACKNOWLEDGMENTS: Many thanks to the numerous individuals and organizations who have graciously provided the information which, with the literature cited, has made this analysis as complete as possible. Their willingness to share information to the author should not necessarily be considered agreement with all of the information provided, nor an endorsement of the study's findings. Les Abberly, Publisher; ShowBoats International Guy Bising, Executive Director; Marine Industries Association of Palm Beach, Inc. Ted Bohne, Operations Manager; Inflatable Services, Inc./84 Boat Works Inc. Chuck Bortell, Crew Insurance Associates, Inc. Captain John Breaz Jim Bronstien, Executive Vice -President -Operations; Rybovich Spencer Craig Calawader, President; Ardell Yacht and Ship Brokers T.J. Calero, Hurricane Harbor Yacht Center Paul Chamberlain, Vice -President -Publisher; Charter DataBank International Christopher W. (Kit) Denison, Marina Acquisitions & Sales, Marine Realty, Inc. Captain Louis Dupree Paul Engle, General Manager; Bradford Marine, Inc. Susan Engle, EnviroCare Solutions, Inc. Phil Everingham, Vice -President; Merrill -Stevens Dry Dock Company Stanley S. Feinerman, President; Accounting & Business Consultants Bill Gerhart, Comptroller; Derecktor Gunnell, Inc. Jim Gilbert, Editor -In -Chief; ShowBoats International Mike Greene, Koch Towing, Co. Peter Grimm, United Derecktor Gunnell David W. Hasselman, Cable Marine, Inc. Frank Herhold, Executive Director; Marine Industries Association of South Florida Shelley Higgins, Yacht Interiors by Shelley, Inc. Art Holler, President; Florida Yacht Brokers Association, Inc. George Irvine, Pipewelders Marine, Inc. Arthur Jones, Northeast Regional Manager; debis Financial Services, Inc. Captain Kemper, Jones Boat Yard Fred Kirtland, President Merril -Stevens Dry Dock Company Gibbs Lukoskie; Fraser Yachts Worldwide. Bruce R. Majka, President; Cheoy Lee Shipyards N. America Jimmy Merrill, Merrill Stevens Dry Dock Company Kaye Pearson, Yachting Promotions, Inc. 41 Economic Impact Of Mega Yachts On South Florida— MIASF Herbert F. Postma, Jr. President; Westship Rusty Preston, President; Westport Yacht Sales Michael Reardon, Yacht Management; Fraser Yachts Worldwide Steele Reeder, Howard S. Reeder, Inc. Bob RoscioIi, President -Chief Executive Officer; Roscioli Yachting Center, Inc. Rick Roughen, Vice -President & Treasurer; Bradford Marine, Inc. Ted Rowe, President, Hasselfree, Inc. Jennifer Saia, President, Sacks Yacht Charters, Inc. Lon "Sarge" Sargent, Dockmaster; Bradford Marine, Inc. Bob Saxon, Bob Saxon Associates Janet K.(Jan) Saxton, Jan Saxton Yacht Documentation, Inc. Jeff Stanley, Vice -President; Diaship North America Gordon Stonehouse, President: Charter DataBank International Jamie Strauss, Boat Owners Warehouse Ronnie Stroud, Marina Management Services, Inc. Barbara Tierney, Bradford International Yacht Sales John Todd, Director of Sales Florida Markets; Burger Yacht Sales Bob Wickman, President; New River Yacht Sales, Inc. B. David Wiest, Controller; Broward Marine Association of Yachting Professionals Florida Yacht Brokers Association Marina Mile Association Marine Industries Association of South Florida 42 13 Ix rvo.IF. itu ,•:tti It. Dr/MI*4C. fialtliUkr. PICK NV Pi AI orperlative :III*" Ili OW 0 In UdeqUalely rfevinh: IN: vtfr.ordinary . 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Arnels _ 9_ Hansen ,, tO .S,on.le, eker The luxury yacht industry order book hits 428 yachts • Up 30.8% over 2000 tally • Italy stretches its lead • Feadship regains title as top custom builder • 9.6 miles of yachts currently under construction bll'-89' winaded ;r) the SDI txdrr imx,140 yucht buoldine 77.v.4 • on avower rate of gtrototh , The 1.10-n'f.,, mhure of' L-it , ha.N. taierr place In the to.4 two v:_ara imitka ti*tals oitmc Nheti halo light on Si691 IRO ' rca...liy, for tho. 27 2,494 92 4 rvirLorkatric upiuree 11 1.995 I k,t 2 'mugs cunstruction. C'ernionly are ravnt. year. 5 1,799 359 - of hi...anti), U_S_ 18 1.602 ;89_ mum 6 1 i236 206 3 bus. hod .1 large impL1(111 7 1,208 1/3 - yticht-biaying 8 1166 146 13 rebound of the Asian 9 1049 reghon liner the i4ultnicy ,117 and banking nieltdreiAn of tl. Perini Nall! intermaiinelSvannah $ 993 124 10 13 San torenzO., 11 980 89 14_ [sight Nolika 9 947 105 9 15.. El J. I:, • • 3 195__15 _ 11 1 L046 93 - 199s is Ai tug..101 9c1- 0 034 172 11 ativr Txhittu.-.11 also on important Itikn- czil tinr.ider.ition. But thtt hardening donor refleAled in this ycark °rider book, v•-icli 1 tL IL JI tarabll Tts BB MY Dec ;l'llt ''1 rI t'tarraa d&Gr B2 MYktr, 2LYJ1 TiNrakinstah US CAT _._,._ __ Br1 MY .Ail 2C04 __.. Y._ TeirahNnab ,. kt5_iC tt +.? MY. Dtt.21i �Tati:ilt�Tatati 1►S.L4T 07 le ran. 2¢:c Tatratdt»t, _._ 11 T _.__.__ _._._ 1�1 M JimuX.. lrrrat4Titrr�i jlS+Ll7 115 MY Fiat. X02 urraetttlrrstt 4100 125 VP Ma, 21X2 Trsrata'Trrrati 14.01 -- __ e2 MY8201 5%%asii nl tine _92 •riY 1VY2 _21521 trrfintit _ i A?r FP ._ ....__._ . 51Mart uttFINX 112 Fir' Siesinsuniettc. 2100 Cuban SaigtrnanNitA5 Ocs.Masl 100 M1�Attmal'�,r. 200i tAT11t11OC ? Ina Arnow Ki.kt B 2001 14111 X 225 MY Auste toast mote 4102 aw +ialGft IMtrtalhare 144 MY OM ?(NJt iiLrrrrplMwerniri MJ�.tIT C nisceril Caton T1en" • .._ . ! MK May iCWHOM SarotCY HOM IVY MU .2001 Sarn.cU lie 14,1c14113'• 120 MY HrkriAbi 7M 1 esmfkot te'AFWB0C 170 j 2001 S3ertAI:Y .M7111D➢C Metkweg' Boni Warta 9t1 tt1Y rase Boot ig 7 7 Morrtift04la_ I .a+CAT p14010s Ei i V Meryrw 9(t" 2000 h4rust nsaradi Igtti>,ffLYC1IrC Bit VI' at mMrr..441 210i1 iitrae0N•*0t, ti54 ttpuDc t wefts Tanbt .9t1 teen tln nni toe 2a0Q 5 nrltSeuit t: iiitYik1C iIY,itirlilan101Der`,;2000 Begat"facfo. LNUEtimOC 120 MY Chat itun'Juno 20;11 50110 llricvAe . __ . 11$4AMIAXIC To—matMI POO 117.161 �? 1fVi e , 200D 5e11n4;101itt * CAT 117 11tMw. 2001- 54rins tertteit4r 1.1112/0 H 82 MY trT0-1,24412GB1 $amtnil nnruten tAltt'OCrG 17 MY;,i070 'AUQ 2001SalKe insulin 511'u'mC B2 MY r70--i5A0.20111 53rir►4Ernritlac 103. NY I1 BQ-3+llrt 2000 Saiiir.thast ri 1ViTli9UC 1AJ AiY P1'00.44.Mtr2C01 Elinor ,3gitrnwt m11ttfC Peet Lee ... _ e? .M1„ (ict. Nal feiniZarin MCAT 21 MY 0e0. 2000 Feezt'Savio kkear- tT 91 MY Ian 2021" kinfl ptra . IJgt tc# Mt Jan :002 ►tJdrr.'Sailo 41504TIA1 Bec.2000 WiLidrtrSatati tiSATIGODC ritiiifit:.aat business tieing cllltnrtcled boo r,.+uibttri ti with Aorta cumencicit..escinciany h:tiy RrirlTur$rty, The data,. however, %loot provide intrii:ltitig inwigtii into seine of the coosequeoces of the aii}1cr-henned markel fur lucnry reins. Most signifle:uii or thtsc is the inclusion ire Utu 1i.tiip2s of 31. sirsnpatrtic-s new to the order book:. While searral companies e ruin-ut'M, txlet a c expuniling tr 4n crenate rcial r_-iainirutyina into he yacht utiht.ary. or are incm :0.41;f theft l+rc do4ticui line's to uleltade. gO'plLts yaditt;. The 10Rkr book u1Scr felern nevi tJpoc- aty within the r.sisiting yard:, as txiikkis seek to capitalize ara Liu! [WI ltiai-mutiiMai etpattsitin tx Aka in rvitlnta, with oozier balk newitYiincn. I rtttxxu3`. Tluiitind and the Philippine. The nun a r% a1hn deem p .1ratc significant 'menses in web county 's as, Matey, Franco and Finland as tbay fiather develop their yacht construction infrastructure. Analyzing the iMa -ket The only down segment of luxury yadit cc?witni tkm came in the'9[f-'4r_:' purge of molar y:, his. This a teEcrr_y din NerVeti units, nr 18;.244,. It was an c%p ci;41y Inintrwing ii+p.rturn Considering ail clntring Ihr post fv°c }van this seglrnni had ~Heston rt*ii: ii growth. op 157.41E Lore pewee iva ye..ir and t 15' the period 19 7-2Qllrl. The Lilly 1st ditto %ometn iw even Bolin intriguiils enttxiillrirlc. the somber of major ntat'urtk"tuttY4 for whom this is. an iiiitnn:Ritin1 ptxiductine vinegary. and ccrnxidain;; the, number of a reap ivies titan ham ilesrtlt ly .,reel` d j•:a: i it..t11 This siac, into their limo. Thcs~ iwlisde.aaiich nolc$ tirthy l' iiiticrs ns Ferretti, Destiny Yachts, Lirtara Yat his. ,And H.tttar % Yacht. All attwr auililig Anti motel yacht categories, any rip_ many up substantially_ The biggest single jinni) c ite in the lilt' -till' r.rn r or motor yachts,. up4 2 :, cove( '?t}i!I).'1'iki i..sernient itrntinnt ; lei Orders By Lergth and Ycar 1 DO' -119' 14e1'-149 15t1'+ Tt3TAL Charting..Upward Progress 45 75 45 62 tee 20 31 36 43 38 71 58 72 i1 96 32 41 35 47 68 43 41 45 40 la 2111 210 241 273 Mot 125 MY Jawiet.'dtt 2,10 ikider ilen L1SStl`.dT !NW Ia1Pl s 106 `cY .. Peari_i T _.._ 154 MY ?70Q %lei lks ,piiil M 253 MY Jew i �rMr 001 Rank % S+rgal►m+ �.l (.0!7p v 00—nr....1131 zeal Tlhat► iretii Germany:TAT 1C2 Mr Jul2001 flnirt*jutil5 1JlSrlindeLlC _To sy Oa' j 0 CiAlulptc 20V) .teeth ra,a 'CAT 125 ATr 125 fkiaan Jar.20U1 0tattnit ,'Itnrm, _ _.v,�_ "Got i2C SI' Btihaj T1IL14ti} 7+1G: _Cartis$11.caj_ frirt:VC4;f 201i Ine ErTneerr Asinar.2002 0B' iiitxiei MIX • Bailin radii inn St t�,tic 1404 2003, Reiche llu,2; LEArutoc __140 8Y _ 14IK 1404003 JuaetNnt thiriote t47 SY BMW i MOCO: FssistteVP.t.1tl�. Uuknitne OY Mohr aj . BBB SY lru4.1A5t . — • .4I} 'Y Or;1 21/B .__ .._.......ftmlNBAir Beninaturrtr.9r Bolt YY 13a 2001 Frestilmin Benduultauar, BB Sf . C t. ?to __ Ir .,....,. It voivna! TGp 10 E udder NYLi3ris • * 'IL lib r I ID I t. nit". 2‘J41!.1 (it i`rt:Irct". Lrrvitt-• 41:1 1 . natv 40 4105 2. US 96 9.901 115 2 3 Nertherianits 53 7 a70 148 3 4. Turkel 25 2,73/ 110 1 5. fiermany 8 2.305 288 A 5. UK 17 %ma 11 1 9 - 7. New Zealand 15 1 835 122 5 6. Canada 18 1 767 98 6 9.. France 11 1,566 112 10. Fluland 13 1,317 101 hit one t ik esiplowing in the order hook, up 128.41'.4,i ;ince - win firm inacked In 1997. The nest strongest segment Is 150-plus nunge. or* moor y:zettis, up .559 born last yew: Just behind this segnical is the 120-147nrintoonschi range, up 44.6%. - user 21)00, These Mu size rooters continue their stun historical rate of gnuoxlh, ip44I In the pniitso category over the pat Pot yrars, and up .a whopping 11.2_59i in the 1W-147 nnige ever evr %mkt %hatt, ivtitp.• indicating inovertient rawners out of the hymning Ertf-ttY range Mkt into large yachts. So Inevviet Lbw: 90. 99' range might iolicate 010101S Air skipping this s.irs yacht in the prneem of trinewhv up. - All rive sailing ydevlu ranges were up, The higginstjunips weft the 259i, inereaarms notched in the 150..plua and 90•-99* ranges. The slowest-anniving lunges writ die W- and 12i1-149' _ _ rarte-es. which poiszd 141.2te gain& The 10X-11Y range taired ahead Wi- llie Overall analyNis shows dial although it is up 10 units, the sailing yacht segment thLs year reversed ib1 OpWard trend town* - laiNei .hare <lithe lustily yacht otirket. Sailing yachts now Pep- rtsina 15 of the total ht.eue, pock Market.* significant imiusec (wet its low-waluir nut& ur 11.8%. in 1998, but a decrease or 11.5q hixi ye:1J. lulus ur Ihe sailing yacht grs in the past five rs 411k., to the fcrt439b 1nri ip ;to extraondiin-sry 2.20% sirer 1997. The socund hugest gain was pursed In the 10a. I I 9' ravutz. tp1412''4, over the pest five years. Jumbo -sire sailing also are on the increase, baying flees 100% Billet 1997. As -at motor yachts. the wily lacklumet salting yacht sqinent is the 90-95r mix, which is drawn 2/1..5(4, user the pale five years. Italy Makes Gold Again llic bankover national suprensacy n yuebt building 411111121111Mm Oyu** an 52 sv tiot eureicf &-t. ARO nol_ _111ffvlasstoy US'Yarrun 1013 SW 3.1Y 20:q. FilnlAttlf (Alvin; Ikt.2004 FterwWittoi 143 SY Nat 000 F10(3141ulur As- akifttliDDC 01001itsieltteariwkaatitilia-aithini- • PR-- ,ParOlotNel • cm _82 uslate SOPPWElinmatert fra_tr.4ugger 100 SY 2001 VereiVatc0 Fa santlemer.; LlSiCumOist 150 tit enateity;2001 ___A_•.;.!pupwirch jrarice00 197 MY .1‘01 2{102 ClafranCarl..111411. MCAT '11 9/ Ylva slitly,m1L ,Sob21.1'Curnei ..txtVkrAT.. _ 104 SY 2001 hsrsitatairiel Casarh 42 en Pab.2001 GiNtexch Flen- ovtIrlPt00 .e.c2 Fit mit Ggy Caulaveleyruud BILVTIKOC g2 MY June 2001 Usteivast I gq _Artioilutfr 115 MY 310 ?Mill:MY-42DM aij Casclillerad fienIllY4AIN.0X 014_2{00 0ftammelwasloo Pa, tommiuter Ott_ 100141' CiamelJen 2Ct” icor/0,4**,0'16414 iwailliukus 01111111=1:11131.111 6110111111!IMIYMP 130 Si Dee. am 1/01 Rh' 0er.. 2001 AiltrrioSlarikey 14C.$1) 1C- 1/11 MY Aug 213V Maw 2)0 MY 2002 UMW 12S MY 2002 Liman 350 MY 2002 410 MY 2002 Crime% _ 'Z- oe mr. ?Ou Lbslier, if; . . . I 10 Sticgniortkrisr2D51 .o.,AllimE4p___1411 MY J1110001 •nrevaucoiNN___ urieitiAtX lintsga 11.0 MY 1101.X01 8imme..4110Liuu Itt401.11114:10C i.4-0115iIPAPLAM2_.< 50 it, Leatird 24 ?MOW 0414114911erl 24 ROLM 60 W Leopard 24 1111d0CF ES MY .14elvfee 27 S mtuvoc ea mi., tmartn,S, BS IMY teoPer04 27 S MtUf0q MTUP000 .52 W A11103001 42,W MT111DOC BO VT Ahem Mead. 2000 saittika.taioarr• Auttrwiair. - an MY elaimui Xiter. 2000. At louttalMm 11E,V41 _____ __ eu,mr iortiAlc1.1•134.2911 iltkrumSairi.r2i OSCAT 80 MY PaIRIA00,14, 2001 Azimuloraiouri_ eel MY king 51:11bY 2001 A0Mulitaiottel Ite'reaptAt 1517 MY 4 kink' 006.1nrs tont Anmuesuauft TrincelOr 80 MY paw sway _IA ntsAat0fenrtAutItrgaawa1errt 00 MY ti1 &2001.11ulr0e1 Muti , ,.liusi1r.,Viag1AATT Metku#10111/00C 85441Y oftratsitisc. 2000 lamiamaseciL urincOntimpr. „., re. MY ,Ilkiztair.•Fett 2003 Artnutitalt131 IltitiaWMIUSLIC as MY Uttrat13444 2001 ,,,...„„,047.0'44..?104/0 141e.mi.V101100e 115 MY ellitrateiJunot 2001 ilzpiNGa.eagi_MamoiMpethe to MY 1.110irsok:41 10111 ilornAnaleath Wu ForoUrutvi: 65 W Ultissaskg 2501 _ .Arinusitalearri, _ 11W031iN _ 153 fee Autincinet 20611 _ ilirtataaurift Miaitaii411i10:: 1 asim Jurrisnika. 2001 aunia.29.• is Me, km.sini..30C -.....-190 NY assibotAm ;MI .AC11%141./1E1 Itei_KENT1004:: 108 MY ..urbaikel.,2051 tlarraIL.rias WWII nr"- .. _ ___101) A il, _,...karbitiVeb. giD2 . Ali g )11 A 2. s i al _ PliTinOt: 101) We .k.utooet 2012 Apritgiretli MTLVODC 444.10 UM idy 11112554,10111101 2.001 1M01110.4401010 . EtroptiCM _ _IOU VI /017Mmrrtai MI 04ea0 furcm00‘111.E0C 109. MY 101 tfituramet ?031_ Oncloaln NA. vvill.DOe — 111 Mir RC iumagn listentasmilt 113 MY DC Celan. 21011 Banetnauist0 Emmet111/t0C 115, Mt BC 410•Aine '2001 SentInaaiskl Enniss4A RAMC 11$ MY bC 101ret. 2001 Ileress7undli I MY 9C /1,41ay Birentquailli 1-unkelbt tout al MY 1;11!ing 711fri _ tlefr11006111__ 14,704, )4noisl#103{X1t 04nntio2trstli,„ — 145 PAY lineAteArs Berett111011th M11.111= 154 Mi 56 226,10ii2972 ustruAlrottt{org ti.nteew mom 164 MY F522701111 202 13ereautlerair 1-tilrA0113-X. 171 git..M3.2211113te-2060 Bewellimistti tintorICAT 111 MY 1922a'kt* 2641a Ilereastistued EutoceliS17 z!,1,411-.zpol .134*toinoti ftv 14(1119G4t •Cdemarl ai 4364 0{1 5:f kth TiWl1pp top, Carden di 1111 MY Fft 2001 &Kale hirTUIDDC 110 MY 401 EM1pINTIOCIOC 130 PAY -11114.2a11 Eurtr2r1111111D0C. 141 MY Ow. 2001 MAW:61C 01111 kind or MY iiiinaCto ;i603 stswatts C.A1 105 My_ flias.,90or Bhiris110. -CM 71V91___„__Pa 4499. Gra 105 sAy 6‘413erancin/K511 J351 N40111/4411t. i:417 001 MS' 'NY notaM116- 200.1 FAME.11634 Osman* 190 Si 'hi 100Nnolsi 2001 Flogb*Mely CAT 1/5 MY lbadersiss t _17 MY 152 MY it 4 MY. 41-11 -AY C_PCOO 141 MY _Fem11 me 0 164 Sr. MY 10441riii 9:02 wr 115/9.wrimet 2012 20' MY st..111Aur. 2607 Lop! iiirs1Ayi7111 iers'Ney,„ 2003_ 1ii/otiloActi.2300 40106311sy 2003 hingniies_LiskA01 100..2t00 FivereCMIIMIrii -CAT isltranignaiWslo NILS ArAshattnao P1.11{1 Fil010t1411 „,t0:11-Xl pniatiottopta Noe C1 Dens Alla/Ma Ulm Peleaklu flu 1.19TA_T CAnaawnnt CAT st) 14/1 6437nc 09 sin 1411901r,192.1_ 60 Ye 11511/40 r1131 60 W 021Atr. 21101 60 WY 11531M1y 2C01 60,16Y 654/2001 10 MY 0551001 ea V? IswitaliPtrab 11101 , 91, 1.9 C416/001,1111147r:93 2001 ___ 94 1111 Distam L1004611114 2001 91 MY tunas', Lins*Wini,21301 91 MY CUsloni 410/Jay 2001 411111641 2602 4440Y kstnintinitf-tVA MY-DObili-1-11e*141ri M1`I)Egintsi 4141206:{ ITY, taninliss-415.701X1 1141,1•111..1.-. 14•411.... 11? Mr omen Linj,4, Ittfo 112 MY CasOns Lys 0219201 112 MY Ditten1 WS WNW 11,i MY Pistils f4416nr 211afP3 _,„ Mi,tonerit kris f.11.12 "..1t112 „ •alk) , PAO instiMar. 2001, F01.141sl Ay „, SY.14411grOlC41 SI MT Maorailnert71 FpbI sit lorrylen.mk200. ____nribtal 14Y1C4I 95 Mr IlAnuraTtni 211 lialevl 304611411.11:00C 10.i MY UntstirEk. 2001 fipbttil tkrttrA191/1111AX: 1e0L MaionsUsse2t0t quits/ 16 ilisseis4410310C try:pi/Ike 064,146 inf Mega 4.65;54. 20111 IrtImurheatimIt1 C,14 OrkirrigLia 'tIpting 114/1 _Pm firopesAlil 041611110114, _93.1t.$0:010n 411 ;44;111011 tilANA1A*11.011! 1611_. Spiny 7001 jtknrri _ Ems:94060qt Irt Irr 1 Eyeing 217; —1414ido* trA111.01101: itturenti;nrattoria litn.MOC • lmrsoo Labium a Lima! s•osi rtfNi line 10 11106e lu the top of the eountry rankings. While the u)t.r three plaeetiii dut elobo.1 tniskitto ronsained the sAnte, ludy put additional dittnntas betWeen had( and the U,S. and third - making Hilliard: Indy's ptuduation jumped 42_4% in WM1.4 of linear feet taxis contraction Irittl OA% in tams of unit produc- tion. Ab remit. Italy ioereas•ed n market hiu tky 3,4% tis 32.7%. idearawhile. although the U.S. prOdt/t.lioll MSC in linear lett t 102 1.4- by lUMIINIALlelk414, 113 ma share fell 3, Ts v.. Holland posted overall linear feet gains of 8% (6'.4., by unit pro- duction I but .0.111 say/ its market ,ttare ercKle hyli. Turkey, meanwhile...jumped front seventh pnitiort in MOD to 101111/11wthsin inertwe of 102%, '14e, itewetmas. lt,SC hi the trational rattititty.s from ystatt-twtilding otweurity. Teoth-silaze th- thr Fittlatul. date usIelli to gtroducirott at Baltic VaLini, showtal the dial -pest gala. a 1172',tinewase to linear feet of ernumietion fmrn 354! to 1.317. France, 111 ninth pLum, posted the not" tarFest lkirtgie leap, ritin?.! 289q. 1,51i1r. 1116 t %Intl Kingdottesi utiles book also mess significantly. Iip WAYA itsjemie was enough to Move lion/ ninth la fifth place in Yhe tuitional rankino. New Zealand slattibed a slight daltasen Ottle114 and dropped from filth to seventh place. RUE aefilially, despite the Iftt IA I I *derg tlue to the hankrapti4 Mat ine. nutiNuirsed WSW poitinetion 4inkl'Nfipised ooe Oleo to fifth ill the mairitno, Crermany's NittnOsia primarily due to the. tvni-gt•- abie sine in large-lawlil Orden /41 taire4ert, wlsr,c five or!it% average 359', Carunlawith the 4111110 111111111tr 1crexicrs snipped horn sixth to eighth, Engin C'..1 Market Share The CATIMTU Battle* CAT KMIEC GAT 11111MOC Chi IIM/I100 clip.u• sumo rexrwery aexis.smstAlttit ntsso rap /Irani AMIZMZEICIM (Ce* twit hTlsYen INV1pi 112 tttY ?OM „ ,.__ _ 1 hfjtl.UGr 120-MY OSA* Tuwm20i01 item IMAM —" in MY jiwt.nrcat 2t lt3 Wt aelu Dwerit tietnerunditrAt 129 MY Lally Hauma I.113t11 1114:mnIS9t. ixi MY .kirY iai.r&mfit ratatetrOti 4 i f t 141,,,ML211V' Itanen b TUJDQG — No bouw SUL in, ,SY rid 2iln1 tlosamatt to Met�+erlandaa,tr. _13k.S+' Anispti briny biseattxtgctt N1I DOC — 12b ST 103141s f ttgrcds.kr eri Aim vuoc t3 SY t'�rsr PTr6it4 Ctstar.lani rt ►llUiD C, Iacono III Ulf .hti'rt,klrt ;6:it NarirecsAtlirtr Met titrittkt..tf fit} Mt Mac Mt Muki1rr'4tx1r*T r.�iT -- t..'it it (hoot. onuvanikLJ000'Ur a LYuimArilet GtT • Militia/ 96 lair %Pear 8411 iul11/ng zioi UT ttceanaq___.lag, Vh;1411 A•Craup: 1:41 1 ri3 MN P11306/ar;11tt A.GMUr07.11elnels MCAT 19s1 MY Pe►tlutiana'2DeZ a-1iouttit esitt .r, _.�.. f' r.'>;5I Ur MAY k.adr Loui2002 A-Grouptioreth U8 ti T � ]—O MY 203 . A•f>re,Vili CAT 262 MY Stsgatr It�r O01 A-drece wu in tnaitiTIA C, --Nona(H Ite4 rt 13j, SY Catig}+!arid:'t' ' Kisti uni DarrIiluVTLIMDC 184 SY l trill' _ DyistiiiM10r','Ne t ..:.. __ 292 SY' Rtllert Siitpt.2034 Et aareD,r *a'f tis6+cimM a Ur Dam 11emie Jechato 95 SY Spring 20D2 van lienLi! II dal boat roll Sr EJeurval011 Corsftear Authari rrts Wain 142 SY 13044r2G4t i}rranisithrier.7'. t4B .71' Tirnaotset.2001 Dutaottsr#tualrrd Cm Ann YircltMi ea SY Fieya aci 2ta iG Clwtrt't0mQ ..194" i 102 SY CIMI s/MLN.2001 11O011(il EartlAitsliXr I, rnlMndt UnciliT DDC SY XY25t FJ120Q2 Dutit entitisry M111,'11 Duo ttinoAhrie ;'?+i1KiCJir S111_Oeilrlert' liar . SQtatrStlirer��_,._+- ithictr LalYvlAxnail USnitti'le0C 5401+10r5t3140t t15+i'J4T liouli ftSt ulut• 1J i t'Jt7 OwiThrO nn0 1tS.�..A% nti�'�+' �r eaa7oat lieotrrete 511ro le arwrirtl4nc \1c1� by w d 300000011ti hn11 13.__ _ 1i 7 SY „AYil r�h1]'. O 1 a eAttfiI trifIll EA St tiaLsent NNW. 2r.1X' IP liih * wits Ats( r1 ii artkl.,'lflOn wad's SAMAD 115 MY 9erprl se(Fct, 1'i'J, tat#Mont t'I, a . tliwtiaiiea- 111 M1 2300.1 Aru 15ti MY L et.20UO Isla MY 2UD1 , . 100 MY 20111 • :Wnh fw 4r Wei Osoudepannt 111 St Us T,pJurrr cfl t liar txrtcuLugier • Ocami: h bete 125 MY kn;a PlttarZLTA 010411013900. 125 Vt Ligay3<2000 tlt3AarL1ar1 (33 5t t3ut'e ni Figrorm frur rin_._._._.__. Linker — .comonatt irKllgh/ 85 $1l 31A1Cis n'3 idnc 2001 0tboralfrmtkli.--____ • Aria Yachts 93 MY Am 280ec: 2Da 1 At€e+ Tll_ i .00e 97 MY Atr.4 25i'311110rne 200t Arty 'J11t'I:nt DORM 105 MY F«Fl.pwri't►1st_26g1 Aydin); 44.): d. 1OS MY 1iMV211111 Soalrir+ car — 127 Sr Mu M.11..Xi1 !WHAT 91A 4T • 1> Rh: hrt.'Selhte: 2000 - i-ry'Koso _ 1404y4111.b n7C. Ad W Tatartlnc 2963 FsY Ease E9S l,tiU P iC inerlase in txons.tri tic+it. Ilt'cscn also posted itbig gain of and nioveti to «'eve th pcltuticnt_ Burger, with Its 3G.b':,' increase made the Grp-trrt list for the first tune. Atio or nt't4cornor to the ca=tl0rn listing is ihirievililt•plOce Royal t icrrs.irip t'n the. strength of 753 linear feet of orders in nmty its- ieco1)d year in btislnt'•Y, A tit-w feature in this year's order botik a ranking of ship- yards #with a Minimum of three yachts ut.s3^r c*sn miiction) by anent a lungtit cif yacht an order, 14 thi t nttrt rrt}'. I.nr•:a:I1 clearly d10111ir3ata+ die industry followed by °memco and. surprisingly, &Lding y, t'Eft builder ttct}.rt Htli:wtt:eit. Tlti.k walking alto include sestrlat builders not lifted previ+uasly, including Chine t buikiir '.4n1.4i,Ra111i i. t.►entutny'c All/eking & Ra,mussst it., Occ inf.1«.t u Aursiraliat, and Italv's Cudc Ora. ll is intineititig tit luxe duo oldie estimated 54 billion global cutter blank t428 luxury y.u-inzl. more than half of the indusuy's total economic activity resides in die 52 yachts it lute r+.ronsttrwa:licnl i!t My- NV seat shipyard, ibv avenmtr length of ciensteuetiom. Top 10 BuildDrs by A';crage Length` Ronk. Yni:t 1. ...Lassen 2 ODaance .... ....... 3, Rotelhuieenan 4, 1antai-Rattles Av. Length 0 at Yachts 5, FeJQbtuu 357' 206' 195' a 180` 173' 11 6 Annals 172$' 1 7. Perini Navi 172' 6 B. ; eanfast 170' 3 0. Abekiteg 6, Rasni en 167' 3 10. Catiocata... 156' 5 'tibt' t:urr nvlart0 ph its *Wilt auxmais,v 3 ►a:nLT ore Ran. A'Woid About The Data The inhI a. of Stutwiktiaty 7+m.rartrr;icu rf Work ditil!elrlly to include every Jl ipy:u,ti and every order in this listing. Scone of the data May be 4:rwni by t1.vtaut Mai every }ter we get better -*1 locating y;utk acid projects not psCviotasly itnt abed. Al the sante 'tire, every yN,.tr nos Icaur about construction which C:lluipin be tabulated clue in tack of dx7.perauon fern members oat the iinittAtry, Baum: it is deer iirrlizetl and mostly wlteru'sated. the Ill.ctu-Y yacht industry its, as ben, 4 difficult arena in which to teal= cct data. Nevetrthekss; vo r ttelie'1'e the clai:r contained in the Order Flogk a oe'utrtely reflects activity wiihin this inJu•tryr, We regret any rrron:arurini..ian±c Masi wilt Make periodic ccnec.tions t ai4 11pr a L% when circumstances s wutran 1 then), lnfortruteitrn tr,ntaiined in the [Miler Boole way cr�lt: e1c� 1 u•in.S tic fnlloµ-!ng gtdticlinos„'Roe tt:rti htltxtc Lb luxury yacht order hot ri,asofOctober 1st.200tl. Individual oral' ti4legs aft .x:cePt- ed fir y, tts pitysir by under construction Li Of tb.it dale. or cot yachts on order for which signed calumets and a minimum 10' .; deposits have been received by their lmrll►letrx. The first year's roam:bon of GRP yAchns being built on 'peculation net ratxpt- Top 10 Custom EuiId rs - i 1 •� .. � , pit ;"'� Ni•mhcr rtii.d Lengtr. (errs Lei Prntc L [it PrclrrL A.trngc lcn[Irtr 1. Faadsblp 2. Beneti 3 Lot-ann. 4 Creance S. tenets E. 6 Penns Nevi 11 13 '1,906 173' 1 „236 200' 1.206 1 T3' 1.166 9 1.049 1tT 6 1434 172' 9 hntertrsaroee 10 Burger 0 993 124" 9 943 _.- 105' Builder Rankings Shift Mc Irtnik, tad top pied -Winn aril custom builders is notable as ounit User ut'trarat%'i rowth that did Pea produce itigher r318kinvs uti Harr a. kw growth that did. Curses in pint include Perini which ptti•Irttl exceptional wins of 32,5% In tine:lr feet . _ imiet-•e,xwnrcti in cute to remain III eleventh place in the stund- IneS. Gttpt111't:uyrsi Savannah. Frew 252'ih and actually saw its ranking lip by t'hlr plates to twelfth- Even nun* dren ai4 wa► Elie slain( Turkish builder Letgtut .i' otabw ki (t uneenih position - head ninth tic -pie a healthy 18.5e. mcrCuse in businein. Bat not all builders feted the same. AzinmutJBcnetti con."xati- r dirties Molt( not 11r1 plaoe with a 17 :1i. 'pavane in crmstrugtion. ' tinrtati[, %BM, Itkc MnA•e41140111arbetti has been trciluiriing new prrt►- adKMirrt ertl*eityt petted an arn*tontre 90.4S,i inctegne to leap titan! 01.1 adsftip (which per.ted to 9.15'40 gtlin) to trued in second( place Leif` gfn, whirls was not included in 1tt4 year's itup• 15 rti k- lig,. atrlird Into fswtnh position On the siring h of fire new lfll3- auter-plib,"sttrics;. SNP Rodniguer used it 29.11% gain to lump finni bath 113Ito hplarac in the ranking's. 'feedship, Back on Top tiii Wlsilc#1l2s,nut/Bcnetti maintained its bald art dr avrrall G WW1 rutikur,:t.., Fetutr ip MrCainccl its position as the !Inca. .raiso r in strictly citsttarn y': ties. it clid so eta the basis or its 4[9ii screw of titre= feet knees co r.tnurtion combined with ai tb c drip or 91%. ii: Tit teg et iUerea,SCs; Amongst individual yards N+try posted r ;1lriltl-pbee l..L'a: sin. witnch jumped l77% and by f fth-pitu-e :kids, un t i 2t:ii in (roasts feet of ctinstn ction. Trinity Yachts 1a' 4 dr [4�Ir.li rt hc tincr- "t Norm Americas TM"' 151 MI terleab i5ep12001 CilluwaMn &,anar tr et} MR Maw BO Aff" Me'.La no M Maiarma ,lt}5'V'r _Minus:*._... 105 Ml Mmouco Nr,,t1b 10en we WHOA' Mrll•DCC d3 1 M11at10t: hero( Mi t 131 BY 1liutiitAan. 2001 R tia•h '. Nari Eu'Dp:I'TL470C PY_raeis'A, rr ,20C1 P r tv,P jiait- t :' raft! _ i72„§Y..SQrr'R2002„ Tw 11te.a .1'.,Irn F.rapatltT •.18IL SY. Sut.Uer2O0i p N.a.nc NaiI timpect uf: 18M SY Sixru1taXt P. /txut.r_Nati E1xt ta4lauf< 1O SY FaloMlt4rns:4102 IlanardtNttrumr4'terrans P.ltari Erm petaut: ahloq?!+►aw BB_►A��i�erertr!9 A �1rx>2 �001 _ __ 85 111 tkrissite&Satimer2501 w. Bt► l�� '' Amnion A$r'F$I 2flol award Bit MY Jan e171't1 it .rrailirardt ttsiM1t14YJC BO MY 404: '. tltuan11111-nBbt 1J VflJU4(: AO ni ppe-2LOT alttit>:w0aicate G►tmeiV1ttltl1DOC BU BOY 2021 �wM 41 1141,5i.'zin1 _G MALEiUil )C B4 NY am 2001 Ntriardt1alcnni 8rreceAtItiO0C 82 N1i Fythdi.l na 2001 Olumalrawaroi Itar1.jM1tUDOC 5aetUpon 52 MY B201,4 ;Qot Ban (rn ten ._. _Itity`CdT B2 MAY 82121May_2201 5anlarun•0 ... —t .xltrmCt•T B2 Idf 8213r.k ne 2001 Sal [mennn IW CAt ALTO 1)21041.N 2101 ' Sin Ltn izu 'reremeat el BA yrr_1241 r 13I 1 , Sa+tare= rarrti Tt fa[ 681rOr BBP2JApr.2021 Snalarrrtrn.. eftt11t 88113f kiti �a01 San iannru _ lAOH1111i0% t}[1 tit l as4 2001 Lorene lil011TllDL>C trip 1%! 1001111Npr, 2001 .Sian sermons rmrrtr�#e 37X. 1r10 Irh' 10042LMar 2001 Sin (weer n ._..,.role• [rAtric 1a5ie M! 1t8d31Jtr► 2001 ',:an t.irerT.'tt 124'.111nXIC Waty%MtMee a■tel: ink 158.Aty 43lt.' lam 200 , elyOryt a cAmnlm TR I 44014br, .'Qtr31 artals,r)math! urmina .158.MY. 441AYray 20:13 PinelrrDtsmin .__ ....—Cosmrnt. j43 MY 4371Jme2C01 Ar1r'I5.Dt34ain �rrTtdfl -1f7 MY 4 tiar.2002 PlenelsOlstlaoe CAT r01 MY 44/Sept 2002 Aaelsl.aacrt CAT 2U3 MY 4431/June 20CQ totals Mr. CAT adsttip 125 MY Du 1bo,1r'Cn >A ►'M1.]tf1cetlana 1447 trt'j Oa wwleturgialuauti 1d4 MY 20oa_ OnV40 141 eVe ljs NY WWI Enna/2000 De1Hrs thous; 105 tfi' 2001 Ile lt:oas'NF,nhsa 'tBti MYa�brxJfimptr, �1.9t1 tar I per." 1oOpl'31 ofl Pj ',rllf} YY Pirliir,.rOtt' DtG'tNi c ti0e Haslet ..2.1 O WY 2202 rx lbnq_itSarri 220 MY p_61.0orpt Oakland_ BO SY Marta:ir tl.: i." M944 11et11Frlir►tlSflEr17 110 Vi Manitti Srai4rtt3002 nl Wts•lmail'F-K►n ►egret• t T ulumDC 11.T1rt` MTU ,130.1_ Mi1bDEC to leer '$0111ati?!1 714r--_ _ __ 9'A _Sn41rMnil'CAT 145 MY Fete. 2002 Uinu1417 i ii3 ` Uy'GT Norilsk >+ aCC ifs Awaked Lars :r _O peaseri M11 UDD. 1 qpits /7..200 Hensel) MT1.10: - 1111111111111201•11W.P4 Iltatme Fent 50 MY Mcrof4ar, 2011,, •Etyaistitle- a - — --Mil 96 MW Mivariraft Mt 2000 Besalesilkne ,ON-40•CAT !Cct Pe X ..C.*IF Cmgrottr, 20oa eitsusime Estgriarime. - ILO* *Mai 50 In 2001 Ltiatd 1461ka MAN 92 Mt 6/14-1111et..MC0 loghtfisomrSil0m4 TatittreMAN - 1n WO Oot, 2501) brigM Notikar511.1ile , 10ther1,411/6 1(0 MY 4134:Mi DoxeMosa 1104,1101X: si0112 . Ilion$0,1 it ito4rimnbucc ,... _ tCO3 MY 41.35,71.,23 Darailitaistrall '1.15,0M-P-W t15 1,0' 1144.144.1021 ,Dasir,1Musiali.. rAtjtorogit •._. 1 A MY 4, 36e5pittrc X121 . DasoniMushali Tutlayi$M711,110C - 145 MY 11145,12002 Olicotrlar011 Frsei;$0114:10C /146462;40:11•111/1**/ 125 WIt---'-Bet.2(1112 kawraragtsgm 9mi.110111.00 131) MW Qlsc. 2001 , Yosere•Kairso spainialurnt 154 WI Messitprifx41 2D00 blvitrat0+40y TirKev1CAT 1711 vr le.rqueig Mt, no11.001~orty 1.1<itat 1111111111M1=11111111 SW Craft1111,01 kinriefiaihr StrOi MIldimilivsh;11 101.411,01;1K. "....faCr014011.Vichb. . 115 in Fillermurnithm6 2CC Iay.h'165,1111,153K 152 Mr Mawraitstalisai. 2000 thales,Mirita5 1X441161/00C _ • tWM..1215Y Mat 1:111bIlii 1111. 21:01 4.45 VII 2E01 ATt..•1-tett.- -t• u-trs Irt Ck!irjbe.ri ‘1111111111101161111111111 Deno morinepoc16447 ?tyro rgst6si Friat. o.,...trit VIII OnitoUtirsa .....___)459GAT /110C. 2400 Sk0VD±11aUlinficAliallhent 1.6 —oktai---102/WrCifiltillter 2041 P4trIA1.1 Mer 1001.1,01T. Ositforl ,,,,, Op ro ;an Airenvatmeoilrefroo 1351101111XE 9a. MY. Dec MI ifframmusswisme 11S.A111.1X1X 9a MY _Cci,2440 __ . , , Atattiituip.raveinno LI.;:1111112,9S... ..-,.. .. ..--1.ce WY , Allt, 2001 105 MY OcL 20111 hrtee.ftystu Vstra Irdifilite.: Pa=gaRtars.luViend I LtS1111010g, 1341Y *Hump 200 Atrobit.rtviivisenut mistrunIal likawriallacilts 32 MY fat, 2001 Marks ...,_ApptIFFUID2C . 515 MY Larlf anituOrt 2003 Hatteras *Anna, 111111.11DOC L6 MY Oct 2N1 921TY Aim 21101 14"naltijr4floralE *nrariatiatMeanutvx 1.1:1:1 ISM plan MarizOait:17,1Hatte.,:as. 1164111(012C 160 FRY BodaCialsAM4 2231 Mathias,' AVOW ico MY .1-au:O0Y Morriss 014504.11116:0416 155.5Y Sdienerazilie2W Kom.MIrr.---11 USVITUCCE 110111111 Yadda (54411414 IMormirias Swim* . 95 11____LSept.20)0 hilermariresPaviii_ ps..§rxr ill MY. 13pc 21W jytenrarine...1.1orkesii Cir WM. 2001 Ini 0C . 123 In Ifiroter 2031 "hitarmarmeitgansen 600,00s 'tat -AMY Strig 7002 Intemarinitt0110011 WU/DOC 123 Mr. Strnzna 2002 ifitarrnatineltutsm1 WAD( MY s1,112. _z071 - Lainve 'adds to NY Ltirtetile/Dec'3300-. Lasrerlitm_untuti Macumutzt MY ctaii_kritt NOP ..UgtaraarixtrNst. tourtgvc - Wen ScurAtil 2001 .1L/122m/Belashrttu1t 95141TUICOS__ • Mit Malibu a MY Sect. 210t Sainikidelstp C.1kT • MoutreilothiNisio !PM! Una& Expbetettz 23"; Mutraiptiezerit user Nurdlurd Met.. 00 MY "et 2" MatiAnowles frAitliitOC 114 _NY ,SpInt 2%11 _.1441k*Ise11,71rtmso4 USIOTWOOG 2331_ 0SIVTLYD_X. MIA CoN14 WOK 120 , Oft WieSoirour t001 FIatlir16ksoplim -Cr/ • 16141 Mar Vidal 92W1 1042321 Sarishil-crat4 liSor.11 106 20.sys Sarramcrsini... ___,,6111(1•7 PaliiiseJaMmem 107 'MY Porroveleadla 2-602 ken FtuaINJ USY.:4-13 115 WV cll j.frutot rentiesqn....,t 155 MY Am* 11144110, 2021,244141,19.4trssait-414t.,_ 115,CAI • WM* ilwins 90 91 Ratheitt&Nrat 21110 Stdeaseri•cliyaas Ift,'Tprima • IMMittlitiallitiiiii111e, . . „ 00 MY %obi 1151111.1.. 14 Trigg/11041_1W 441 ',FItTeffeig. 115 a25 MW Paaarlam447.-2-1201 Pudy00;141;.CAT - • 05 'MY 43,asithiffe1122, , MS,11,43140C 15.0n ta_..ntkin MZ__M-11$11;1101:15.0101a.t5; 141 1,11Chmiu.02. TritityoRchilacr 160, JAY Ma Eis01920. 2Gir ___Trjraylftnewera7 _ 04' 177 MW SEshitokilk12Ctt. Ithrtelka halt;DDC; 152 My,.. Ulysse_spuly rrn New ?Ballow +„*Iranekii 84 In, Bets Iltew6oring 2002 ,itiner,Mareks:53r, tiSaftritis W110111/145:511015111.04_MY_ �o2qII 'Mt6tL4/41Ncdc M11;!PDC 56 1,1Y CentreleittYikt. 2001 Sasia.Pautic .11,fititee 112MW en91/45, 20711.____:SaralirarstIr -.IA mac 112 MY 57702Lhale 2001 58141,Papik 612_ 111 47104.1.0r.1, 2001 1611444 630 MY 11502ame 200 r- MarstalliCaroinito- :Me nttti,311 1,3o My. 05030Dac. 20Cn MalsroitGintairthazifc Witster: MW fl11,21JflIMatvs_a_10_50toststiplic 14111,00:1 100 MY eozamoot• • savital usAntotec 114 MY v024:2001 '&11tWUCoc . ,.. 132 OP Monvellip Ouar,7.120 SamuYtta t_Lsign-Y.P.P.c 140 MY 11%abitip este,10(0 91/1M01,1 1.111,471.1ilIC; 4.1.Att k9ILIT14116;-: tietroww,...106. sr timmitgooni Ise sr lio7i0onoov. 114 SY 1.6.11*10,619-. Ant$61411117- 50 MY 111411011/2001 B4 MY Maitaktut 1302001.1 ift kiall!Most 042_2_041 SI Manhtthm.114,020132 MW FitmoutVn 5.1A00t jOIS htt 20) DS'Ve mliaInvissetridohmeria uminurts OtbnisAttottarl: ShildirtitatI11 Shem/fr-miniii) Ateador-001/011/._ StitIdifteinih 040kilFrph00 Mseadttehth 0,11111110C Sheerbfintsath onwppc sji_oadiFraiwitt nom 1116 my 2COt Sbead.fiere010 14111.0ite __. 10_3AV 2002 StiPitOtermih IMUIDUC 166 WV 2002. Shaathrtatouth .. mition.cc • 44114"factix PO tin Ensienmixt 21:1:0 Motramed %Mb 05 MW 470212001 anawordAlsecirs Selec1100 LeAr11.140C 115 1/1 6,xlmar2020 avogulmalP11111kErdt........A_LCAT tie W..07034100 ....amputtliWolipto Stietiso 1411.1.000 120 Mr 6120026311 Wawa dtChsems Stitch irt MOW Miner 115 1.161 Lartulla 200 01MaffaiPon_mA1104.t. 1,601 Re 1.14 0,1 2001 01tortfailuivy 1.6 WkSsIrat Sea./404;20:2- 01(eareAtorstssiAllms 1,6 _JDSVI Scremteatr 2002 OK4effeetummovAiclwr LIKA-T , I of kti Anne-Nbritsea 2002 aKeeiTsrodeure.sictst, 14$141/1)25 lb. MW -swab BsitilhP$grial ineellituanenlittm 11ISAINOK s MW katudiN 200 OugifisERctily LogAlltletIC 122 414 Larty Grim MarkbAlw 2CO20Kaults14,401671,411the1 ,LE,410.1fDOC 12a VP Mal 2002 01MstItaittotitme11:11101 CarodaM11.100C selabiasan 145 MY PromikirsarMit.2022 ChititengiuSitith issoinuppc _Jaw .10 ;Mkt, 2E01 Chtistensea WARM= 1611 11/ 2Fullac. 2002 Gtortsaktairo ILSOLI1D0C NO yr 14A 24.Der_ ?0I1 1,1nsigtpen „ 1611111tOtt „IS'S 14Y14,4041440. 2001 Chtlearn 11SintleDC Delta Marine 124 MW 1*mila. 2001 beimillartiell LgloW/Aitir.le ...: South Florida is home to a thriving yachting industry, from designers to builders to brokerfage 1 of5 Instant Message Someone very special would like to seat you a SocialNet-cell to tmJ hof BUSINESS Published Sunday, October 22. 2000. in the Miami Herold BIG BOAT BOOM South Florida is home to a thriving yachting industry, from designers to builders to brokers. But can It find more room for the grandest of them all? BY DALE K. DuPONT dd upont(aiherald.com South Florida — especially Fort Lauderdale - - has for years been the undisputed yachting capital of the world. While it's not in danger of losing the title, others are nibbling around the edges of one of the most lucrative parts of the market megayachts. That's BO feet or more of the ultimate in waterfront property, with prices starting around 32 million. Competitors are vying to dock and service these luxury liners In places like Jacksonville, Tampa and Savannah. South Florida land that once held marinas or boatyards often now goes for condos. Many floating palaces can't navigate the New River to reach maintenance yards because of tight tums and shallow channels. And industry expansion also is threatened by environmentalists seeking to protect manatees and by a shortage of workers. But on the eve of the mammoth Fort Lauderdale International Boat Show, the mood Is still upbeat, because the economy has been booming. From Thursday through Oct 30. well over a half billion dollars in business will be done in Fort Lauderdale and a record number of megayachts — along with other boats — will be on display. Buyers are not just the dot -comers or me - first Baby Boomers, said David Ross, chief executive of custom yacht builder Burger Boat Co. "It's people in the bricks and mortar businesses" who have done well and are lured, in part, by the independence a boat offers. It's a home that can travel the world. The price tags of the megayachts are impressive, but so are these figures on SEE ALSO r a ra nor WORLDWIDE CLIENTELE: Designer Luiz de Basta, with wile Cretin in his Miami studio, shows a picture of a 100-foot sportllshennen he designed for Bmward Marine. De Baste designs a wide range of vessels. SEE ALSO • Yacht designer leans on elegance, tradition FORT LAUDERDALE BOAT SHOW The 41st Fort Lauderdale International Boat Show will have;1.5 billion worth of vessels on display. Attendance Is expected to be about 125,000 over the five days. Among the boats will be 200 megayachts, up from 186 last year. Twenty will be more than 150 feet long. "That's the largest number we've ever had in that range," sald Kaye Pearson, president of show sponsor http.//www.herald.com/content/sun/business/docs/079759.htm 10/242000 ...: South Florida is home to a thriving yachting industry, from designers to builders to broker Page 2 of 5 them: a Two years ago, the average size of new vessels was 116 feet Today it's 170. Yachting Promotions: ► WHEN: Oct. 26 to 30 ► WHERE: Bahia Mar Yachting ► The number on order worldwide for 2001 is Center, Greater Fort 428, a 31 percent increase over this year, according to ShowBoats Intemationai magazine. The largest boat under construction is about 450 feet. (New cruise ships are around 900.) ►An estimated 4,000 to 5,000 megayachts cruise the world now. Nine hundred visit South Florida annually and spend an average of $236,000 apiece at local boatyards. ► One of every two used megayachts listed for sale is represented by South Florida brokers, a study by Thomas J. Murray & Awielates showed. Brokers, who also generate new orders for builders. work on commission — usually 10 percent of the sale price. Lauderdale/Broward County Convention Center, Marriott Portside Marina, Pler 66 Hotel & Marina, Hall of Fame Marina, Las Olas Marina. ► HOURS: Thursday, preview for the trade; Friday, Saturday and Sunday, 10 a.m. to 7 p.m.; Monday, 10 a.m. to 6 p.m. ► COST: Adults, $12; children 6-12, $4; children under 6, free; two-day pass $20; five- day pass, $50; Thursday preview, $25. "The listings are getting more difficult to find," said Barb Tierney. president of the ► INFORMATION: 954-764- Florida Yacht Brokers Association who 7642 or 1-800-940-7642. works for Bradford International Yacht Sales ki Fort Lauderdale. "There are fewer boats than buyers." 1 WEBSITE: www.showrnaoagement.cp_ . Tierney said Bradford booked 17 slips for boats over 100 feet — and they have a waiting list of owners if anything opens up. Such good times are altering the marketplace. Storied yacht designer and broker Sparkman & Stephens this year opened an office in Fort Lauderdale, its first outside New York City since the company was founded in 1929. The market has gravitated to South Florida, said Mitchell Gibbons -Neff. president. "It's Looney Tunes, right now." The changes have extended as well to the manufacturers. who are primarily privately held. A few weeks ago, luxury yacht maker Palmer Johnson was acquired by Andrew McKelvey. He owns a 115-(Doter but is better known as chairman of TMP Worldwide, parent of Monster.com, an online job -search service. Palmer Johnson, of Sturgeon Bay. Wisc., has $75 million in annual revenue. It is adding seven people to the four already in its Fort Lauderdale office, including three more brokers. Right now, office space in South Florida is easier to find than dock space. "We have 15 residential owners with boats over 100 feet waiting for a space at our marina, said Jeff Bensen, director of Marina operations at Fisher Island. Last year, the waiting list was about 10. Deering Bay Is building a new 22-slip marina for megayachts. It's 75 percent sold out httpJ/www.herald.com/content/sun/business/docss079759.htm 10/24/2000 ...: South Florida is home to a thriving yachting industry, from designers to builders to broker Page 3 of 5 "We do need more megayacht dockage," said Kit Denison, a consultant with Broward Marine. Broward Marine recently completed several boats, including two 118-footers for two friends who are neighbors'in Sailfish Point The company, which has facilities in Fort Lauderdale and Saugatuck. Mich., has 10 more yachts under construction. ' Annual maintenance and upkeep on a megayacht can run more than $1 million. Refurbishing when the boat changes hands can cost 10 percent or more of the purchase pnce. Money goes for everything from interior designers to master carpenters. And that feeds the local economy no matter what size the boat "A significant amount of repair business is being turned away," said Frank Herhold, executive director of the 800-member Marine Industries Association of South Florida. "It's a very fragile market. These megayachts are highty mobile. They can go anywhere in the world for service." Two years ago, Bradford Marine opened a facility in Freeport In the Bahamas to handle ultra-megayachts that couldn't fit into their maintenance and repair facility in Fort Lauderdale. They had lost business to yards in Savannah. "As a business, we needed to answer the owners that bought bigger yachts," said Paul Engle, president and general manager. The Bahamas location, where lift capacity is 250 tons, has opened up new markets for them. Rybovich Spencer, one of the largest yards in South Florida, recently put in new facilities and equipment to handle larger boats. "That's dramatically altered our business," said James E. Bronstlen, president of the West Palm Beach company. The past three years have been "among the best we've ever had," said Phil Evenngham, vice president of Merrill -Stevens Dry Dock and head of the Miami Marine Trades Council. In the mid-'80s, they built a large shed on the Miami River for larger yachts. "It's one of the best things we've ever done," Everingham said. Palmer Johnson will be upgrading its yard in Savannah to haul yachts up to about 250 feet. The limit now is 200 feet. "We handle jobs that gimpy cannot be handled down here," said chief executive Paul Friedman. The crunch is only goingo get worse, said Tierney, the broker. Many manufacturers are backlogged two to three years with orders. Burger Boats, of Manitowoc, Wisc., has a three-year backlog. Two years ago, orders were only six months to a year out. "There's a lot of people with a lot more discretionary dollars to spend," said Ross, whose fimi also has a brokerage in Fort Lauderdale. Burger's 85-footers go for $5.5 million to $6.5 million. A 135-foot boat can fetch between $16 million and $17.5 million. Burger is one of several companies that want to build a megayacht service and docking facility on a 10- to 27-acre parcel at Port Everglades. Broward County has asked for proposals due back Monday. A first round of five http://www.herald.coni/content/sun/business/docs/079759.htm I0/24/2000 ...: South Florida is home to a thriving yachting industry, 'from designers to builders to brokerPage 4 of 5 propositions was rejected because the port wanted more detailed business plans and revenue projections, said Larry Strain. assistant to the port director. (Watson Island in Miami also has been mentioned as a possible she for a megayacht facility.) The proposals will be evaluated by mid -November. "It's not a done deal," said Strain. "We're just Peeing the market" Burger would like to build a $40 million center that can handle up to 350-foot vessels and can service 24 to 36 boats 150-feet and over. "South Florida needs a facility hke this to retain its status as the yachting capital of the world," Ross said. "If we don't get the go-ahead, we will go to a different area." The kind of boats likely to use such a facility might be this one listed on the Merrill -Stevens brokerage website: The 172-foot Big Eagle, with six staterooms, each with a private bath. The price has just been reduced from $10 million to $6.95 million, said owner Bernie Little Sr., longtime resident of Miami's Jockey Club and of Lakeland, where he heads the Central Florida Budweiser distributorship. The Big Eagle just returned to Florida from a stay in the Mediterranean where it gets $100,000 a week on charter. That's only for the boat and crew. Provisions are extra. Little will be at the show. So will Peter Grimm, managing broker for Sparkman & Stephens, who considers the event "very, very important" "I usually wind up selling a boat at the show, and It gives us an opportunity to build our client base," said Grimm, who got into the business down here in 1966. He had been talking with Sparkman & Stephens for years, and the two finaly came to an agreement this year when the firm bought the assets of United Derecktor Gunnelrs brokerage division where Grimm had been one of three partners. If priced right, a boat will sell within six months, and ideally In three to four, Grimm said. He's selling to the grandsons of people he sold to 30 years ago. And to a new monied class. "Impulse buyers," he said. "They see it and say, 'I want it' " Sparkman & Stephens doesn't specialize in megayachts, and he's conversant on sailboats and powerboats of any size. "I'd much rather stay in the mainstream," he said. Bronstien of Rybovich agrees with that tack. They handle 40 feet and up. They also build custom sportfishing boats between 55 and 75 feet and 52.5 to $4 million. He has seen a bunch of startups In the industry the last few yews. "A lot of people have decided this must be easy," Bronstien said. They've experimented and gotten into financial trouble. And despite the proserity of the past few years, Bronsten thinks there could be a bit of a slowdown. 'We recognize all good things cannot continue forever," he said. "This Industry is certainly one of the first to get hit. Nobody needs a boat" httpJ/www.heratd.com/content/sun/business/docs/079759.htm 10/24/2000