City of Miami Department of Public Facilities Asset Management Division

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REQUEST FOR PROPOSALS (RFP) NO. 12-13-001

LEASE OF CITY-OWNED WATERFRONT PROPERTY FOR MARINA/RESTAURANT USES

LOCATED AT 3385 Pan American Drive, Miami, Florida 3349 & 3351 Pan American Drive, Miami, Florida & 51 Charthouse Drive, Miami, Florida

ISSUE DATE: __________, 201__ PROPOSAL DUE DATE: 2:00PM, ___________, 2013

CITY OF MIAMI Tomás Regalado, Mayor Wifredo (Willy) Gort, Commissioner (District 1) Marc D. Sarnoff, Commissioner (District 2)
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Frank Carollo, Commissioner (District 3) Francis Suarez, Commissioner (District 4) Michelle Spence-Jones Commissioner (District 5) Johnny Martinez, P.E., City Manager

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TABLE OF CONTENTS

I.

EXECUTIVE SUMMARY

II. GENERAL STANDARD CONDITIONS III. DESCRIPTION OF PROPERTY IV. PROPOSAL OBJECTIVES V. REQUIRED PROJECT COMPONENTS

VI. PROPOSAL SUBMISSION REQUIREMENTS VII. LITIGATION AND DEFAULT HISTORY VIII. EVALUATION CRITERIA

IX. ANTICIPATED SELECTION SCHEDULE EXHIBITS EXHIBIT A

Folio Boundary

ATTACHMENTS ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7

Registration Form RFP Checklist Proposal Summary Form Qualification Summary Sheets Project Experience Forms Entity Certification Forms Disclosure and Disclaimer
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ATTACHMENT 8

Form Lease Agreement

APPENDICES APPENDIX A: PROPERTY INFORMATION  Legal Description Prepared by Manuel G. Vera & Associates (Originally prepared 11/13/2010, revised 3/5/2012)  Property Survey Prepared by Manuel G. Vera & Associates (Originally prepared 11/13/2010, revised 3/5/2012)  Property Map  Property Photos – Exterior/Interior  Miami21 Zoning Code Map of Coconut Grove  Flood Zone Map

APPENDIX B: REFERENCE MATERIALS Coconut Grove Waterfront and Spoil Islands Master Plan City Charter and City Code Selections  City Code Section 18-74 - Cone of Silence  City Code Section 2-612 - Conflicts of Interest  City Charter Section 29B - City-owned Property Sale or Lease- Generally  City Code Section s 29-81 to 29-95 - Waterfront Improvements  City of Miami LEED Certification, Miami21 Zoning Code Section 3.13.1  City Charter Section 3 – Powers

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Please note the materials in Appendices A & B above are included for informational purposes only and Proposer should not rely upon the included information without further investigation.

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_____________, 201_ The City of Miami (“City”) is pleased to invite proposers to bid waterfront property adjacent to The City of Miami’s Historic City Hall building in Coconut Grove to participate in a publicprivate-partnership (PPP) to redevelop/operate a marina/boatyard, a casual restaurant, a formal restaurant and to lease approximately XX,XXX square feet of retail space. The goal of this Request for Proposal (“RFP”) is to create a vibrant destination for tourists and City residents alike. Development interest in the area is considerable with the redevelopment of several key properties across Bayshore Drive currently underway. As described herein, the vision of this RFP is to help implement major components of the Coconut Grove Waterfront and Spoil Islands Master Plan. The Successful Proposer will be entering into a long-term lease with the City for 7.06 acres (including 6.12 acres of uplands and 0.94 acres submerged land) of waterfront property located at 3385 Pan American Drive and 51 Charthouse Drive, Miami, Florida and approximately XX,XXX square feet of retail space to be located in a new parking garage to be constructed at 3349 & 3351 Pan American Drive, Miami, Florida (“Property”) next to the marina/boatyard. The City is issuing the attached RFP to solicit potential bidders (“Proposers”) interested in developing the Property entailing the lease, renovation, development, management and operation of the Property (“Project”).
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The RFP contains information regarding the Property; the uses the City seeks for the Project; submission requirements; and selection procedures. Carefully review all enclosed documents. Proposals must comply with all submission requirements to be eligible for consideration. All information and materials submitted will be thoroughly analyzed and independently verified. Proposals must present a definitive build-out program, completion schedule, financial plan, and lease proposal responding to all requirements of the RFP to form the basis for selection. The City will conduct a mandatory pre-submission conference and site visit (“Pre-Submission Conference” and “Site Visit”) on ________ 2013 at Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133 to answer questions and/or clarify the statements and requirements contained in this RFP. Attendance at the Pre-Proposal Conference and Site Visit is mandatory for all prospective Proposers. The City will conduct a Site Visit of the Property following the Pre-Submission Conference. Proposals must be received by no later than __________, 2013 by 2:00 PM and must be delivered to the Office of the City Clerk (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133. The City will not consider late or incomplete proposals. A list of all Proposers will be made public the following business day. The successful Proposer will be subject to the requirements of the Charter of the City (“City Charter”) and
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Code of the City, as amended (“City Code”). On behalf of the Mayor and Commissioners, I welcome responsive project proposals which will realize the full potential of this prime real estate location. Sincerely, Johnny Martinez, P.E. City Manager

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I.

EXECUTIVE SUMMARY Project Opportunity To plan, design, renovate or redevelop, lease, manage and operate a mixed use waterfront facility with adaptive reuses or new uses including a marina, boatyard, casual restaurant, formal restaurant and retail uses to be located within the new Miami Parking Authority (MPA) garage (“Project”).

Garage Retail Opportunity The Proposer shall lease the entire garage retail space that is anticipated to be built on the ground floor of the MPA parking garage. For further details see Section III (C)(2). Location 3385 Pan American Drive, 3349 & 3351 Pan American Drive, 2640 South Bayshore Drive, 51 Chart House Drive, Miami, Florida 33133 and shown respectively as Parcels 1, 3, 5A and 2 in the property map listed in Appendix A (“Property Map”). Marina/boat yard with dry rack storage, fuel station, casual restaurant, formal restaurant,
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Required Uses

retail (ground floor of parking garage), floating dock, finger pier and improved baywalk (“Required Uses”). Marina Restrictions Vessels stored at the marina shall be 28 feet or lesser in length. Marina shall provide for a minimum of 400 boat dry storage racks. 4.50 acres of marina/boatyard uplands; 1.62 acres of uplands related to restaurant uplands; an estimated XX,XXX square feet of first floor retail within the new MPA garage; 0.94 acres of submerged land.

Parcel Sizes

Land Use Designation Parks and Recreation Zoning Designation Civic Space. For further information refer to the Miami21 Zoning Code. Coconut Grove Waterfront and Spoil Islands Master Plan

Site Master Plan

Master Plan/Project Vision Development capacity and program for this site are regulated by the City of Miami Comprehensive Neighborhood Plan and the Miami 21 Zoning Code. In addition, an areawide master plan has been adopted in principle by the Miami City Commission that sets forth a global development vision for the area. While still valid as a consensus
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document captioning the communities aspirations for this zone, it is the intent of this RFP to encourage an integrally planned and designed development vision for the subject site. A creative proposal for the adaptive reuse of the existing hangar structures is encouraged. Also, the wholesale redesign of the Bayfront area as a publicly accessible waterfront promenade activated so as to serve as the iconic meeting point of the Coconut Grove Village Center with beautiful Biscayne Bay and to support the waterborne recreational activities present are the foremost objectives of this effort. The seamless development of the entire parcel from Bayshore Drive to Biscayne Bay and from Charthouse Drive to Pan American drive is required for which purpose any intervening parcel or lot lines may be ignored. A parking component is part of the required program (see Section III (C)(1) for details) however it is expected that the parking structure shall be concealed from view and lined with retail uses so as to render it inconspicuous. Lastly, all four frontages shall be addressed in contextually appropriate manner each celebrating the site’s adjoining environment; namely, South Bayshore Drive shall be addressed as an elegant urban boulevard; Pan American Drive as the grand formal entrance to City Hall fronting Dinner Key Park; Charthouse Drive will be buffered with landscaping and opportunistic habitable space to frame the abutting hangar structures, and the bay front shall be improved to serve as a preeminent gathering space with a nautical feel and a vantage point from which to take in the scenery of Biscayne Bay.
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Maximum Lease Term Fifty (50) year initial term, with one (1) fifteen (15)-year renewal term, with Proposer responsible for all renovation, leasing, maintenance, operation and management of the Project. Rents Upon the effective date of the Lease Agreement (“Lease”), the successful Proposer shall pay the greater of: a minimum “Base Rent” of $1.4 million per annum payable in monthly installments; or a percentage rent (“Percentage Rent”) based on gross revenues of all sales on the Property. For further information refer to Section VI(F)(11) of this RFP. The Base Rent shall be adjusted during the life of the lease and shall be determined during lease negotiations and further defined in the final lease.

Escalation

Minimum Rent Adjustment At Lease Year 15, 30 and 50, there will be an adjustment to the minimum Base Rent Schedule. Adjustment will be determined by an appraisal paid for by the Lessee.
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Registration Fee

Only those entities who register can participate. For registration as an official Proposer and to receive a complete RFP package and RFP addenda, Proposer must submit a non-refundable fee of $150 in the form of a cashier’s check, money order, or official bank check made payable to the City of Miami and a Registration Form by mail to the contact information below.

Background Check Fee Any Proposers who wish to submit a Proposal must deliver a non-refundable fee in the amount of $5,000.00 in the form of a cashier’s check or money order to cover payment of a background check and credit reports along with their RFP proposal submission on the deadline date. Required Referendum Deposit The successful Proposer shall pay a $200,000 deposit (“Referendum Deposit”) pursuant to Section VI(B) of this RFP. This Deposit shall be refundable only in the event the City Commission does not approve the final award, or if the public referendum question is not passed by a majority of voters, in which
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case, this Deposit shall be refunded within forty-five (45) days of non-approval. If the City Commission approves and the public referendum passes, then the Referendum Deposit will be rolled over as part of the Security Deposit. Security Deposit The successful Proposer shall pay a security deposit equal to 50% of the Proposer’s annual Base Rent (minimum Security Deposit of $700,000.00), as well as any adjustments thereto, (“Security Deposit”) as further detailed in the attached Lease. The Security Deposit shall be made in cash or cashier’s check,.

Mandatory Pre-Submission ____________201__ Conference and Site Visit Details to be provided by mail to registered Proposers. Prospective Proposers who have not attended the Pre-Submission Conference and Site Visit will be disqualified. Proposal Due Date and Location ______________, 201__, 2:00 P.M. (EST) Miami City Hall, City Clerk’s Office,
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First Floor Counter 3500 Pan American Drive Miami, FL 33133 To Register and for Further Information Contact Judy Marsie-Hazen Project Representative Department of Public Facilities City of Miami Riverside Center, rd 3 Floor 444 SW 2nd Avenue Miami, FL 33130 JMarsie-Hazen@miamigov.com 305.416.2156 Fax Referendum Required subject to approval by the City’s voters. The award of this RFP is

Sr.

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II. GENERAL STANDARD CONDITIONS A.Cone of Silence This RFP process is subject to Section 18-74 of the City Code the “Cone of Silence, ” which mandates that, except for public hearings and scheduled presentations, contact with the City regarding this RFP process or any aspect of a proposal by an individual, corporation, management team, operations team, (collectively referred to as the “Proposer”) or their representative(s) shall be limited to written communications until such time that a successful Proposer is recommended by the City Manager to the City Commission. However, the City will allow for meetings between proposers and appropriate City Planning and Zoning staff as part of routine presubmittal conference to discuss applicability of Planning and Zoning requirements. The City shall bear no responsibility for Proposers’ design decisions or assumptions. The City shall furnish any responses to written questions or requests to all registered RFP recipients through an Addendum to this RFP within ten (10) business days following receipt of the written communication and will also be kept on file at the Office of the City Clerk. The deadline to receive questions regarding this RFP is ___, 201__. B. Proposer’s Responsibility to Investigate Project Opportunity The information contained in this RFP is published solely for the purpose of inviting prospective
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Proposers to consider the Project described herein. Prospective Proposers should perform their own due diligence investigations, projections and render their own conclusions without reliance upon the material contained herein or the pre-submittal conference described above.. C.Existing Facilities and Improvements The City offers the Property and its improvements “as is, where is” by the City for the renovation or redevelopment, long-term lease, operation and management. The successful Proposer may renovate the existing improvements or redevelop the site located on the Property. However, the existing Hangers shall be completely refurbished in place in compliance with HEPB standards. The successful Proposer shall renovate or redevelop the Property as necessary pursuant to the Required Uses as stipulated in this RFP. All other proposed uses shall serve to supplement the Required Uses and are not to replace or supplant the Required Uses. D.Existing Utilities The Property is currently served by water, sanitary sewer, electric and telephone utilities. Proposers may obtain detailed plans showing underground utility installations from the City’s Public Works Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130. For additional information please contact the respective utilities.

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The Proposer shall bear the sole financial responsibility for all connection fees, design, construction, and installation costs and of any costs associated with compliance with any County or City moratorium requirements that may be in force. The City will assist in this process by providing the necessary utility and/or facility easements as lawfully appropriate. The Proposer may relocate the existing utilities at its sole cost and expense.

E. Environmental Conditions The City is leasing the Property “as is, where is” without any representation regarding its environmental condition. The successful Proposer will have an opportunity to inspect the Property at the pre-submission Site Visit, for due diligence inspections and prior to taking possession. The City shall provide a Phase II Environmental Audit (see Exhibit XX). However, Proposers may perform their own “due diligence” inspections, including environmental site assessments, sampling and testing of the soils, sediments and groundwater. The successful Proposer shall be responsible for payment, removal or remediation of any hazardous materials that are required by law to be removed or remediated for the Project (exclusive of the MPA garage parcel) according to the apportionment formula described in the following paragraph. Requirements for removal and remediation, if any,
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will depend on the renovation/construction plans proposed. The successful Proposer shall pay the first $1 million in remediation costs that are necessary to satisfy environmental permitting requirements. In the event that the cost of remediation exceeds $1 million, the amount that exceeds $1 million will be split on a 50/50 basis between the City and the successful Proposer. One hundred percent (100%) of the remediation costs paid by the successful Proposer’s remediation will be counted towards the minimum investment requirement. However, the successful Proposer will be required to submit acceptable documentation to the City in order to facilitate the City’s verification of expenditures made by the successful Proposer on any such remediation costs. The Property includes approximately 0.94 acres of bay bottom land located in Biscayne Bay which is designated as an Aquatic Preserve. The Project shall conform to the proscribed requirements of effective environmental regulations governing the Aquatic Preserve. All operations of the Project shall also conform to existing environmental regulations and permitting requirements. Prior to the Parties’ execution of a Lease, the City will allow the successful Proposer to conduct environmental investigations of the Property subject to such conditions and limitations as may be imposed by the City Manager, including without limitation, requirements for supervision by the City, indemnification of the City, disposition of reports and
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execution of any legal documents required by the City Attorney. F. Regulatory Process: Permitting and Licensing The specific plans for the renovation of this Property will require various permits and approvals, and each Proposer to the RFP is responsible for determining the permits and approvals required for the construction and operation of the Property. The successful Proposer, at its sole cost and expense, shall be responsible for acquiring all required permits, licenses, and approvals from all appropriate governmental agencies. Additionally, all improvements must comply with applicable building, fire, zoning, health and all other applicable City, County, State and Federal requirements. Proposers have the full set of options and remedies contained in the regulatory framework available to them, as necessary. The City, pursuant to all necessary reviews and approvals of design concepts, will, if necessary, provide owner sign-offs required for the successful Proposer to obtain the appropriate regulatory permits from local, state, and federal agencies. Regulatory permits may be necessary from the following agencies, including but not limited to: Miami-Dade County Department of Permitting, Environment and Regulatory Affairs (PERA), State of Florida Department of Environmental Protection (DEP), Federal Aviation Administration.
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The following information is intended to help the Proposer determine the applicable requirements and is not meant to be an exhaustive summary of all permits, licenses and approvals required. G. Zoning Any details provided herein regarding the zoning process is for convenience only and Proposers should not rely upon them. Proposers are responsible for obtaining information directly from the appropriate City Planning and Zoning departments as it relates to their specific plans for maintaining the existing use and/or plans for remodeling, upgrading and/or renovation of the Property, as applicable. These meetings will be considered outside the Cone of Silence. Proposers are responsible for pursuing any zoning changes and/or board or City Commission approvals necessary to implement the concept proposed in their response to this RFP so long as they are supported by the City as property owner. Proposers should not consider zoning approvals as permit approvals, the latter which must be obtained separately for each aspect of the Project. Whenever possible, the City agrees to assist the successful Proposer with its permitting process. H. Flood Zone A preliminary review of the parcel shows most of the land is in Flood Zone “AE-12” and “VE-15”. All structures constructed at the Property must therefore conform to the appropriate Flood Zone requirements
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set forth by the City Code and the Federal Emergency Management Administration. (See Flood Zone Map in Appendix A). I. Design Review The design of the Project shall be subject to review and approval by appropriate City departments and/or agencies during building permit submittals. J. Background Check/Disqualification The City will perform, or cause to be performed, a complete background check and investigation (including credit reports) of the proposing entity, its principals and its management and development team, including all consultants and sub-consultants prior to the conclusion of the Administrative Review. Proposers shall pay a background check fee in the amount of $5,000.00 to cover this cost. Should any principals, consultants, sub-consultants or members of the management or development team (i) have initiated current litigation against the City; (ii) have current or previous uncured defaults, on city contracts, leases, licenses or other legal agreements with the City or (iii) if any of the foregoing have not prevailed in litigation with the City, the Proposer will be automatically disqualified from the RFP process. Similarly, if any Proposer, principal, management or development team member, through its use of Cityowned property, owes any outstanding monies, causes or has caused any City-owned lands, or its improvements to incur environmental/contamination
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liabilities or any other obligations, the Proposer will be disqualified from further consideration. Any Proposer, including its principals, management or development team members, consultants and subconsultants which owe outstanding property taxes or assessments on city-owned property shall be required to pay these outstanding monies prior to submittal of the RFP response to the City or will be automatically disqualified. K. Failure to Disclose Information Should a Proposer or any principals or team members of a proposing entity fail to disclose information relating to the following: current or previous uncured defaults on City contracts, leases, licenses or other legal agreements with the City; outstanding indebtedness to the City; their liability for damage or environmental contamination to City-owned lands; bankruptcies or foreclosures; on-going litigation with the City, the Proposer and the proposing entity shall be automatically disqualified from consideration from this RFP process. L. Proposal Submissions This Project has been identified by the City to be a RFP, for which review procedures, the selection process and submission guidelines are set forth in this RFP. The City reserves the right to allow the City Manager to reject all proposal bids. M. Administrative Review
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City staff shall conduct an initial review of the Proposals received. The administrative review shall evaluate the Proposals for completeness and compliance with all content requirements set forth in the RFP (“Administrative Review”). During this initial Administrative Review, and prior to the start of deliberations by the Selection Committee, City staff may contact Proposers to cure proposals that contain non-material, non-substantive defects as determined solely by City staff. If notified of such a deficiency, the Proposer shall correct such deficiency within five (5) business days of notification. Those submissions that comply with requirements will be deemed responsive. N.Technical and Financial Review Proposals shall undergo subsequent reviews by a Technical Review Committee and a Financial Review Committee assigned by the City Manager for purposes of feasibility related to planning and zoning restrictions and financial capabilities respectively. Members of the committees may or may not include City staff. O. Selection Committee

Subsequent to the Administrative, Technical and Financial Review Committee reviews, the Selection Committee shall evaluate each proposal deemed responsive. The review and selection guidelines for this RFP are set forth in the City Charter and City Code.
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The Selection Committee shall be comprised of five (5) individuals who have been designated by the City Manager or his/her designee to serve on this committee and who have experience in financing and/or renovation of projects of this nature. Members of the Selection Committee shall not have any financial interest or shall not have played any role whatsoever in any proposals being submitted for consideration in this RFP. A finding of such a conflict of interest will automatically disqualify the Proposer in question. The Selection Committee shall rely primarily on the documentation submitted in the proposal, but may also obtain information through a presentation by and interview of a Proposer. The Selection Committee will: (i) evaluate proposals; (ii) consider the minimum threshold standards; and (iii) evaluate criteria and scoring values assigned; (iii) consider comments made bythe Technical and Financial Review Committees. Each Selection Committee Member shall determine a rank order based on score achieved. The Selection Committee shall render a written report to the City Manager of its evaluation of all responsive and responsible proposals. The Selection Committee has the authority to recommend one or more, or none, of the proposals as it deems to be in the best interests of the City. The Selection Committee’s recommendation is accompanied by written justification of its findings. P. Right to Accept/Reject Proposals
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The City 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. Furthermore, until such time that the City enters into a Lease, the successful Proposer shall not have any vested rights, nor title or interest in the Property or in the Project proposed herein. A non-responsive or not responsible proposal is a proposal which does not conform in all materials respects to the RFP. A non-responsible Proposer is one that does not have the capability in any or all respects to fully perform the requirements set forth in the proposal or the Lease or that does not have the integrity and reliability which will assure good faith performance. Thus, for example, a proposal that has not substantiated the financial capability of a prospective Proposer may be rejected. City staff will reject any proposal deemed to be non-responsive or not responsible. In the event that the City is unable to negotiate a mutually acceptable Lease with the first ranked Proposer, the City may then successively negotiate with and accept the second or third ranked Proposers selected by the Selection Committee or terminate the RFP process and commence the RFP process again. Q. City Commission The City Commission may accept the recommendation of the City Manager, may reject all proposals, or may seek a recommendation directly from the Selection Committee. The City Manager can
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reject proposal before it goes to the Selection Committee or to the City Commission. R. Negotiation and Execution of Lease The successful Proposer shall be required to enter into a form Lease with the City. The terms of Base Rent escalations, parameters for free parking validation, garage retail delivery date and rent commencement dates shall be the only items in the form Lease negotiated with City staff after the City Commission’s approval of the initial award and are subject to final approval by the City Commission. Once the City Commission has formally accepted a final award, subject to referendum approval, the City and the successful Proposer shall enter into a Lease. The successful Proposer will be responsible for performing due diligence title searches to uncover any existing conditions, including but not limited to encroachments, existing easements, etc. The successful Proposer will also be required to provide the City’s Public Facilities Department with final asbuilt-drawings showing the exact location of the Property corner boundaries as established in the field. III. DESCRIPTION OF PROPERTY A. Property Boundaries The subject Property is located at 3385 Pan American Drive, Miami, Florida, 3349 & 3351 Pan American Drive and 51 Chart House Drive, Miami, Florida abutting Bayshore Drive to the west and Biscayne Bay to the east. The Property’s immediate surroundings include to the northwest, Grove Harbor
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Marina, a full-service marina offering wet and dry slip dockage, repairs, marina-related offices and a national anchor (Fresh Market), followed by Monty’s Restaurant and Marina, offering wetslip dockage, marine-related and yacht brokerage offices and a waterfront restaurant. Abutting the site are various City-owned facilities that include Miami City Hall, Dinner Key Marina and Mooring Field, and the former Coconut Grove Exhibition Center, currently occupied by the Burn Notice television series set. (See attached Master Plan Location Map and Survey Sketch, Appendix “A”). B. Existing Parking There are two existing parking lots on the Project site, one which is located in front of the formal restaurant (part of Parcel 2). The second parking lot is immediately west of the Grove Key Marina hangars (Parcel 5). (See Parking Areas Map, Appendix “A”).

C. Parking Garage/Garage Retail (1) Parking Garage In order to encourage and promote the economic feasibility and success of a development project on the Property, the City believes it is in the best interest of the Project to relocate all existing on-site parking and utilize the new parking garage facility for the Project to be built on Bayshore Drive by the Miami Parking Authority (MPA). The successful Proposer will propose a conceptual design and renderings for the garage within the specified boundary (See exhibit
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XX) and will be able to work cooperatively with the City in establishing the final configuration and layout of the retail spaces that will be leased to the successful Proposer (approximately XX,XXX SF). The garage layout will maximize parking and its cost will not exceed $20,000 per space. The garage will consist of ground level retail and 4 levels of parking above it (inclusive of the garage roof top). The City will require the successful Proposer to pay into a project specific parking trust fund (“Parking Trust Fund”) a fee at Lease execution for construction of the parking garage. The funds contributed to the Parking Trust Fund will be used by the Miami Parking Authority to construct a parking facility on the adjacent municipal Parking Lot #68. The current estimated construction cost is $20,000 per parking space. The number of parking spaces needed for the proposers’ project will be based on 4 spaces per 1000 SF of retail, 1 parking space per every 5 boats of dry or wet storage, 1 space for every 50 sf of restaurant patron area, and 2.5 spaces for employee parking per 1000 sf of restaurant gross area. The successful Proposer will be required to contribute to the Parking Trust Fund $10,000.00 (50% of the cost of construction) per each space required for the overall site proposal, per the ratios provided above, including the retail space in the garage itself. These spaces will be reserved for the Successful Proposers use. However, a minimum of 200 parking spaces shall be required (for a total minimum parking garage contribution of $2,000,000.00 to be paid by cashier’s
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check or money order and delivered to the Director of Public Facilities, Department of Public Facilities, 444 SW 2nd Avenue, 3rd Floor, Miami, Florida 33130 upon Lease execution. This parking garage contribution will be deposited into an escrow account. In the event that the referendum is not passed, this parking garage contribution will be returned to the successful Proposer. The City may, in its sole discretion, elect to build additional parking spaces than required for the successful Proposer’s Project and in doing so, will pay 100% of the cost for additional spaces as well as the cost for any ancillary uses incorporated in the parking facilities. The successful Proposer will have no vested interest in the City’s parking facility, other than the City’s commitment that parking spaces will be available for monthly leases for all of the commercial/retail uses incorporated within the Project at a parking rate schedule that reflects fair market value will be provided to transient customers. The City will provide a structure for free parking validations at the garage for varying uses and time frames (retail, restaurant, marina, etc) in line with existing waterfront venues in the area. The free validation structure will be established during lease negotiations and reflected therein. The schedule and milestones for construction of the parking garage and retail spaces by the Miami Parking Authority will be developed to be compatible with the Successful
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Proposers development plan and will be reflected in the lease as well. The garage shall be designed within the constraints and budget that the City will specify. The City reserves the right to reject the proposed design. (2) Garage Retail In addition, the successful Proposer shall lease all of the approximately XX,XXX square feet of commercial retail space to be built on the ground floor of the parking garage by the City, as part of the master lease to the Property. The space shall be delivered to the successful Proposer in shell condition, with the Proposer responsible for build-out of the shell and all tenant improvements. The bids for the lease of the garage retail shall commence at a minimum of $10 per square foot with base rent escalations to be negotiated as part of the lease, with adjustments to minimum base rent at lease years 15, 30 and 50 to be established by an appraisal. The lease shall be triple net. The lease term of this retail space shall run concurrent with the term of the master lease for the Property.

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D. Parcel Size & Parcel Components The Property consists of 6.12 acres of uplands and 0.94 acres of submerged lands. The uplands portion of the Property consists of the following: 01-4122-002-0025 (51 Charthouse Drive) 01-4122-002-0030 (51 Charthouse Drive)
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01-4122-002-0040 (3385 Pan American Drive) E. Transportation Links & Accessibility The Property is accessible to Bayshore Drive by way of Pan American Drive and Chart House Drive. Major roadways in close proximity include Interstate 95 and State Road 836. Although the Master Plan reflects a realignment of Charthouse Drive, the existing roadway alignment will remain as it currently exists. F. Existing Facilities The Existing Facilities include the following structures and amenities:  One (1) casual restaurant approximately 1,888 square feet, (4,974 square feet including tented and tiki hut areas)  One (1) formal restaurant approximately 10,287 square feet (11,772 square feet including tented areas)  Finger Pier  Marina (existing permit allows for 325 dry slips & 3 wetslips)  Two (2) hangar buildings approximately 41,822 square feet  Boatyard  One (1) dock master’s office building approximately 449 square feet  Ancillary CBS building approximately 121 square feet  Two (2) fuel pumps  Parking Lots  Baywalk
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Additional Facilities – estimated XX,XXX square feet of ground floor retail in the parking garage.

G. Estimated Current Ad Valorem Based on the 2011 Miami-Dade County Property Appraiser’s online records, the assessed values for the folios contained within the Property are as follows: Folio 01-4122-002-0040 $6,447,100 Folio 01-4122-002-0025 $1,184,596 Folio 01-4122-002-0040 $ 619,737 (future ad valorem property tax for the MPA garage retail spaces to be billed to successful Proposer) Modifications of the folio boundary will be required to reflect accommodation of Pan American Drive as shown in the Folio Boundary Map in Exhibit A. The successful Proposer will not be responsible for any ad-valorem taxes, or any other taxes or assessments associated with the Property that are due or may be owed, prior to the effective date of the Lease. The successful Proposer will be responsible for all taxes that are incurred commencing on and after the Lease effective date. H. Zoning Category: CS Transect Zone Approval Process in CS Transect Zone: Regulations for development in a CS Transect Zone may be deviated from by process of “Exception”, a public hearing before the Planning Zoning and Appeals Board (“PZAB”), pursuant to Section 5.7.1.4
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of the Miami21 Zoning Code only if supported by the City. Additionally, pursuant to Section 7.1.2.7 of the Miami21 Zoning Code, any new development (or redevelopment) in a CS Transect Zone may be allowed to apply for a “Variance.” However, the City will not approve one for this Property. Depending on the scope of renovation or redevelopment, architectural components may be subject to approval by the City’s Planning and Zoning Department, the PZAB and the City Commission. Waterfront Frontage to Determine Setbacks for Parcels 1 and 3: The waterfront setback shall be 50 feet measured from the mean high water line. Side setbacks shall be equal in aggregate to at least 25% of the water frontage of each lot based on average lot width to allow view corridors open from the ground to sky and to allow public access to the waterfront. (See Section 3.11 of the Miami21 Zoning Code). Depth of Lots to determine waterfront setbacks for Parcels 1 and 3: Based on Geographic Information System, the depth of the applicable lots is over two hundred (200) feet. A certified surveyor should verify this depth prior to Proposer relying upon this information. IV. PROPOSAL OBJECTIVES This RFP seeks to identify the proposal deemed most advantageous to the City. The City’s evaluation and
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review of proposals shall include, but not be limited to: the financial returns to the City, the Proposer’s experience and management history, the Proposer’s and consultant’(s) capability, the Proposer’s financial qualifications, the overall design of the proposed Project, and local participation. A. Economic Objectives ■ Increase the financial return to the City. ■ Improve the revenue producing capacity of the marina/boatyard, casual restaurant and formal restaurant facilities. ■ Improve the casual and formal dining uses and enhance their destination market appeal to locals and tourists alike. ■ Ensure any proposed (optional) ancillary or complementary uses further enhance the destination market appeal of the casual and formal restaurants and the wider Coconut Grove community. ■ Utilize the available Property to maximize its economic potential. B. Planning and Land Use Objectives ■ To develop a mixed-use marina/restaurant destination project by upgrading and redeveloping the existing marina facility or creating new restaurant facilities. ■ To design a mixed use development encompassing those Required Uses and any additional and ancillary uses as deemed in the best interest of the project that is worthy of the Property’s setting and geographical location.
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■ To form a compatible link to the surrounding facilities, the neighboring residential areas and the rest of South Florida. ■ To ensure any additional renovations and redevelopment is compatible with the Property’s waterfront setting and geographical location; ■ 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 increasing and varied segments of the local, regional and visitor population and further develop the international destination appeal of Miami. ■ Proposers shall incorporate a new floating dock in front of the formal restaurant and upgrade the existing finger pier abutting the casual restaurant. ■ To design a parking garage with a ground floor retail component estimated at XX,XXX square feet. Urban Design Principles and Guidelines General ■ Public access shall be paramount. ■ Proposers must assure safe pedestrian connections between the all of the uses and the surrounding uses. ■ The architecture and landscape architecture shall acknowledge the tropical climate of the region and contribute to the pedestrian, civic life of the project. C.

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■ Proposers should use the Master Plan as a guideline for proposed improvements and the project’s architectural/landscape features. ■ Proposers are encouraged to redevelop all presently paved surface parking areas into uses generating the highest possible revenue. ■ Proposers are required to utilize a new parking garage facility for the Project. ■ Proposers must design aesthetically attractive buffering features along the Bayshore Drive, Chart House Drive and Pan American Drive access points. Views ■ Provide optimum views of the bay from the marina facilities and dining areas. ■ Provide viewing areas, if feasible. ■ Emphasize views of the waterway. Access ■ Provide the maximum public access feasible. ■ Minimize pedestrian/vehicular conflict points. ■ Interior and perimeter walkways shall be a minimum of 10 feet in width. Provide required walkway width along waterfront per Miami 21 requirements. ■ Creative use of roadway lighting and distinctive exterior building lighting is encouraged. ■ Improve Chart House Drive and Pan American Drive access points with aesthetically attractive buffering features through hardscape or softscape elements.

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■ Pedestrian scale decorative lighting, low level path and landscape accent lighting shall be incorporated into the development. ■ All utility infrastructures shall be placed underground or within chases below grade.

Open Spaces ■ Provide a continuous variety of public open spaces, if feasible. ■ 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. D. Architecture ■ Buildings shall enhance and emphasize the historic nature of the hangars and be refurbished in place in compliance with the Historic and Environmental Preservation Board (HEPB). ■ Buildings shall acknowledge the tropical climate of the region. ■ Building intensity, massing and articulation shall respond to human scale and the pedestrian realm. ■ Building façades shall be varied and articulated to provide visual interest to pedestrians. In no case shall the façade of a building consist of a blank wall. ■ Secondary entries from interior walkways are also encouraged. ■ Proposers should use the Master Plan as a guideline for architectural features. E. Landscape
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■ 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 complement the architecture, to emphasize elements such as entrances, plazas, and open spaces, to frame views, and to visually screen parking, service and utility areas. ■ Provide a varied palette of tropical and Florida native plant materials that reflect the landscape of the region. F. Signage ■ Signage shall be designed to meet compatibility, uniformity and size standards that do not compete with the architecture of the development. G. Parking ■ Parking shall not be allowed along the bay. H. Use Restrictions ■ Private clubs will not be permitted. . (See also other uses prohibited in Article 4, Table 3 of the Miami21 Zoning Code.)
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V.

REQUIRED PROJECT COMPONENTS The Proposer must meet all required project components listed herein. All improvements must be constructed at the Proposer’s sole expense. However, the City may assist the successful Proposer by providing City documentation that may be required for zoning changes, PZAB hearings, grant or financing applications at the City’s sole discretion and pursuant to availability at no cost to the City. The
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Proposer shall develop the Project proposal taking into consideration the RFP’s requirements. A. Renovations/Redevelopment The successful Proposer must make the required improvements as well as any additional renovations/redevelopment above and beyond to the Property at its sole cost and expense. Any and all improvements to the Property will require prior City approval. Should the successful Proposer elect to implement additional improvements, such improvements cannot impact the historic hangar structures in a manner that violates their historic designation. Proposer should describe any themed aspects of the proposed décor for the casual and formal restaurant components, retail components and ancillary services which are intended to enhance the market draw to prospective patrons. B. Required Accessory & Ancillary Uses Proposers are advised that the below listed accessory and ancillary uses are a requirement for any proposed renovation of the Property as listed in Section VI(F)(2)(f). Public Access & Vehicular Circulation System: Proposals shall include a compatible, safe and effective pedestrian circulation system to service the proposed Project, in addition to improving the public access amenities required along Biscayne Bay (the bay walk and seawall).
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C.

The successful Proposer will share the use of Charthouse Drive with Grove Harbour Marina and Caribbean Marketplace. If no modification of the roadway is proposed by the successful Proposer, the cost of maintaining the road will be shared by the successful Proposer and Grove Harbor Marina and Caribbean Marketplace in accordance with an Access Easement specifying the maintenance obligations of each of the foregoing entities. VI. A. PROPOSAL SUBMISSION REQUIREMENTS Proposal Deadline and Format Proposals are due at 2:00 p.m. ___________, 201__, at the City of Miami, City Hall, City Clerk’s Office, 3500 Pan American Drive, First Floor Counter, Miami, Florida 33133. The City shall not accept any proposals after this stated deadline or at any other City office location other than the City Clerk's Office. Proposals must be marked RFP Proposal for “MARINA/RESTAURANT RFP NO. 12-13-001” and addressed to the attention of Judy Marsie-Hazen, Sr. Project Representative, Department of Public Facilities. Proposers must submit one (1) unbound original proposal in an 8½” x 11” format, one electronic copy submitted on a CD-ROM with all required attachments, plus twenty-two (22) copies of bound proposals in an 8-1/2" x 11" format. Proposer should
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also submit one (1) original set of board-mounted illustrative drawings not to exceed 24" x 36", with twenty-two (22) copies of the illustrative drawings reduced to a 8 ½ x 11 scale, the latter which shall be inserted in proposal copies. Proposers must attach all required documents listed in the Proposal Summary Form.

B.

Referendum Deposit Requirements Within five (5) days of the City Commission approval of the award to the successful Proposer, the successful Proposer shall make a $200,000 Referendum Deposit payable to the City of Miami by cash or cashier’s check. If negotiations with the first ranked Proposer fail, any subsequent successful Proposers shall be required to pay this $200,000 deposit. If negotiations fail with the first ranked Proposer or any subsequent successful Proposers, their respective $200,000 Deposits shall be refundable. If the successful Proposer’s proposal is approved by public referendum, this Referendum Deposit will be rolled into partial satisfaction of the Security Deposit. This Referendum Deposit will only be refunded to the final Successful Proposer if the referendum to accept the successful Proposer’s lease is not approved. In this instance, the Referendum Deposit will be returned within forty-five (45) days after the unsuccessful referendum vote for the lease. Required Attachments
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C.

Proposers will be required to complete, sign and notarize (as applicable) and submit the following Attachments, listed in the RFP Checklist along with the Proposal Narrative: i) RFP Registration Form: Proposers must submit a copy of the RFP Registration Form, (attached herewith as Attachment 1) in order to register and obtain a copy of this RFP and any Addenda issued prior to the submission date of this RFP. ii) RFP Checklist: Proposers must submit a RFP Checklist, a copy of which is attached as Attachment 2; iii) RFP Proposal Summary Form: Proposers must submit a signed RFP Proposal Summary Form, a copy of which is attached herewith as Attachment 3; iv) Qualification Summary Sheets: Proposers must complete and submit Qualification Summary Sheets, attached herewith as Attachment 4, in the manner described in Section VI(F)(5) herein; v) Project Experience Forms: Proposers must complete and submit Project Experience Forms, attached herewith as Attachment 5, in the manner described in Section VI(F)(5) herein; vi) Entity Certification Forms: Proposers should select the most appropriate Entity Certification Form, copies of which are attached as Attachment 6 herewith, which matches the legal form of their business, then sign, notarize and
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submit this Entity Certification Form along with their RFP submission(s); vii) Disclosure and Disclaimer: Proposers must sign, date and submit originals of the attached Disclosure and Disclaimer attached as Attachment 7 herewith along with their RFP Submission. D. Deficient Proposals & RFP Modifications Submissions received in response to the RFP shall meet all requirements specified within the RFP. Submissions deficient in providing the required information shall be deemed non-responsive and disqualified and shall be ineligible for further consideration. A complete proposal submission package shall address and conform to the requirements for Proposal Content described below. Proposals which do not conform to the following requirements will be automatically disqualified and ineligible for further consideration: i) Proposers who are not registered or Proposers who have not paid the Registration Fee; ii) Proposal narratives which exceed 50 pages (excluding required attachments, required documentation; iii) Proposals which do not include items VI(C)(i) through VI(C)(vii) above; iv) Proposals which do not include the required site plan documents; v) Proposals which do not meet the financial returns to the City; and
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vi) Proposals which do not meet the parking garage contribution detailed in Section III(C) above. E. Required Proposal Content Proposals must present a definitive Project, including description of proposed facilities and amenities, description of proposed improvements, qualifications and experience of the project team members, financial plans, feasibility, capacity and return to the City, as well as operations, management and marketing plans. Proposals submitted in response to this RFP shall include planning design, financing and construction of proposed improvements appropriate to the character of the Property, the Master Plan and the CS Zoning category laid out in Miami21 Zoning Code. The Property is to be planned, designed, constructed, leased, managed and operated at no cost to the City by the successful Proposer. Any agreement entered into for the renovation of the Property shall comply with the requirements of all applicable laws. F. Project Narrative Proposers shall provide a Project narrative no longer than fifty (50) pages, (not including the required attachments, documentation or drawings and complete the requirements of Items 1–14 below, addressing all of the required narrative components. The Project narrative will be critically evaluated as to whether all the submission requirements have been presented by each Proposer.
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(1) Description of Proposed Facilities and Amenities: Provide a description of the proposed facilities and amenities at the Property. (2) Description of Proposed Improvements: Include all detailed plans to upgrade, renovate, improve the existing facility or redevelop the site. This description must include the following elements: (i) Site Plan: Provide a site plan showing the proposed layout of all project components, including all additional ancillary facilities to be provided, including the size, dimensions and configuration of buildings to be reconstructed and/or renovations. The scale for illustrative drawings should be as follows: (i) (ii) Scale for Site Plans: 1” = 40’-0”; Scale for Building Plan Elevations: 1/8” = 1’-0” (Provide elevations for all sides of the buildings); Scale for Plans and Elevations for Building Hangars: 1/16” = 1’-0”;

(iii)

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(iv)

Scale for any Enlarged Plans of Area and Buildings: 1/8” = 1’-0”.

The following required elements must be included in the site plan: (a) Master Plan Compliance: The successful Proposer shall comply with any requirements of the Master Plan. (b) Lighting: The successful Proposer shall provide sufficient outdoor lighting for the marina/boatyard and restaurants. (c) Signage: Proposers shall provide a comprehensive unified signage plan for the entire site which must comply with all Zoning requirements. (d) Buffering Features: Proposers shall improve Chart House Drive and Pan American Drive access points with aesthetically attractive buffering features through hardscape or softscape elements. (e) Proposed Renovation/Redevelopment Schedule: The successful Proposer shall include renovation/redevelopment schedules for the leasehold improvements which take into account the commencement dates required by the City and delineates the renovation or redevelopment of each component. The City will require the proposed renovations/
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redevelopment/reconstruction to commence within three (3) months from the Lease effective date. All physical improvements for all project components must be completed within eighteen (18) months from execution of the Lease by both parties, unless the successful Proposer applies for and receives a waiver from the City. If modifications are proposed, the successful Proposer shall submit a full set of plans to apply for applicable building permits and any other applicable approvals within 180 days of the effective date of the Lease and construction must be complete within one year of the permit approval date. City will use its best efforts to provide alternative locations which are reasonably contiguous for the continuing operation of the facility during renovation or redevelopment of facilities. Minimum rent payments shall become due and be paid commencing upon effective date of Lease inclusive of design, permitting and construction period. (f) Required Renovations/Redevelopment: The Proposer shall include a detailed renovation/redevelopment plan for the individual marina/boatyard and restaurant components of the Property, including the following below. Proposers have the option to combine the casual and formal
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restaurant uses in one facility, so long as the following requirements are met. Marina Renovations:  Renovating the two (2) hangar buildings in place to provide for best utilization of available space for dry rack storage and/or other uses. Exterior and interior of hanger buildings should be completely renovated pursuant to the HEPB in a manner compatible to the adjoining Grove Harbor Marina hangers.  The marina pavement must be designed and refurbished or reconstructed to meet applicable design criteria for appropriate vehicles and loads to result from the proposed marina use and be visually appealing.  The entire dock/bulkhead alongside the waterfront portions of both the marina and casual restaurant should be completely renovated and/or redeveloped both structurally and aesthetically in substantially the same condition and appearance as it was before the renovation/redevelopment was deemed necessary, as determined by a professional marine engineering firm and the City and in a manner that is homogeneous in appearance with the restoration of the adjoining bulkhead
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for the 51 Charthouse Drive property to provide a homogeneous appearance. The successful Proposer shall be required to provide no less than 400 dry racks on-site. Casual Restaurant Renovations/Redevelopment:  The proposal shall include a detailed renovation/redevelopment plan for a casual outdoor restaurant component, including the following: The casual restaurant facility shall have a covered outdoor area with patio capability.  Kitchen facility shall be completely renovated or redeveloped to be compliant with all current and applicable local, state and federal code requirements.  Restaurant facility should meet all applicable ADA requirements. Formal Restaurant Renovations/Redevelopment: The proposal shall include a detailed renovation/redevelopment plan for a formal restaurant component, including the following:  The entire dock/bulkhead alongside the waterfront portions of the formal restaurant should be completely
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renovated and/or redeveloped both structurally and aesthetically in substantially the same condition and appearance as it was before the renovation/redevelopment was deemed necessary, as determined by a professional marine engineering firm and the City and in a manner that is homogeneous in appearance with the restoration of the adjoining bulkhead for the marina/casual restaurant property to provide a homogeneous appearance. Kitchen facility shall be completely renovated and/or redeveloped to be compliant with all current and applicable local, state and federal code requirements. Interior of the restaurant shall be completely remodeled to reflect the appearance of modern restaurants. Structural modifications/reconstruction shall be made to provide full height windows to improve waterfront visibility. Restaurant facility must meet all applicable ADA requirements.
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Mandatory Dock Improvements: The successful Proposer shall implement the following improvements to maximize boating access and transient dockage participation in accordance with the Master Plan and all applicable government regulations and agencies:  Construct a floating dock on the waterfront abutting the formal restaurant portion of the Property; and  Renovate the existing finger pier. The successful Proposer is encouraged to contact the State of Florida Board of Trustees of the Internal Improvement Trust Fund (“TIITF”) to secure additional submerged lands for dockage. (g) Required Renderings: Renderings showing views of the overall building and Property, including views from Bayshore Drive, from the waterfront, from within the Project, including the architectural elements/features, parking, plazas, greenways, open spaces, baywalk and pedestrian walkways and signage. (3) Qualifications and Experience of Proposer: Provide detailed information about the Proposer, its members and titles on the Qualifications Summary Sheets and Project Experience Forms for each team member. (See sheets and forms provided in Attachments 4 & 5 incorporated
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hereto and attached herewith). Proposer should provide the following information: ■ Proposer’s name, mailing address, contact person, phone number, e-mail address and street address. ■ Name of the official representative or executive officer. This person will be the recipient of all official communications from the Department relating to the submitted proposal. ■ Statements specifying the ownership and form of legal entity for the organization(s) submitting the proposal. If a consortium, a joint venture agreement properly executed by each legal entity shall be submitted. The statements of ownership shall include appropriate resolutions designating the individuals who may commit each Proposer’s organization(s). ■ Organization charts of the Proposer’s organization. The charts should graphically depict the Proposer’s relationship with its parent organization(s). This requirement applies equally to each member of a consortium. ■ Names and corporate addresses for each team member with a team organizational chart.
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For each member of the Proposer, the Proposer shall complete and provide a list of completed representative projects according to the following criteria: i) current project function , i.e. food concession establishment, marina operation, etc; ii) time schedule required for completion of these representative projects; iii) the dollar amount of the renovations on these representative projects; and iv) the role(s) played by each development team member that was involved. (4) Professional Expertise/Team Composition: Proposers shall submit evidence of the development team members’ qualifications to successfully undertake and complete the proposed project. The Proposer and/or its consultant(s) shall, at minimum demonstrate professional expertise in the disciplines outlined below. (a) Architectural: The Proposer shall have at least one (1) architect licensed and registered in the State of Florida as required by Chapter 481, Part I of the Florida Statutes, Architecture and shall have substantial experience in the design and renovation of the specified Required Uses.
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(b) Landscape Architectural: The Proposer shall have at least one (1) landscape architect licensed and registered in the State of Florida as required by Chapter 481, Part II, Landscape Architecture, of the Florida Statutes. (c) General Contracting and/or Construction Management: The Proposer shall have at a minimum one (1) General Contractor licensed in the State of Florida who shall have substantial experience in managing and performing construction of facilities of similar type and scope as the Required Uses and ancillary facilities contained in the proposal. (d) Consultants: The consultant(s) to the Proposer, if any, may be one firm possessing all the required expertise or may be several individuals or firms which combined, possess all the required expertise. Consultant teams may include professional planning and design consultants and sub-consultants, general contractor and/or construction manager and operation and management consultant(s). Consultants or general contractors may submit their qualifications for more than one (1) Proposer/Team. However, the Proposer and other permanent (management/operational) staff of the
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Proposer (that is, those development team members required beyond the construction phase, as in principals, operations and management personnel) shall only submit their names in one submission and shall not be part of any other submission in any capacity. (5) Qualifications and Experience of Operations/Management Team: Provide the legal name of the Proposer, the names of the Principals and of the key personnel comprising the Management and Operations Team and their positions or titles on the Qualification Summary Sheets attached herewith in Attachment 4. Proposals shall include the professional qualifications and credentials that demonstrate the Management/Operation Team’s ability to successfully undertake and complete the Project. Operator should demonstrate at least ten (10) years of experience in Management of successful operation of casual restaurant of equal size and complexity. Operator should demonstrate at least ten (10) years of experience in Management of successful operation of a marina of equal size and complexity. The Management/Operations Team as a whole must have the requisite expertise, financial and management capability to develop a restaurant destination facility or projects with similar scope
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and complexity as identified in the project objectives. For the purpose of this RFP “Management/Operations Team” is defined as the group of persons managing and operating the casual restaurant facility, including the principal(s) submitting the proposal and with whom the City would enter into a Lease for the Property, if awarded. For each member of the Management/Operations Team, the Proposer shall complete and provide a list of completed representative projects on the Project Experience Form (Attachment 5) according to the following criteria: i) the type of current project, for example, restaurant establishment; ii) time schedule required for completion of these representative projects; iii) the dollar cost of financing the management/operations of these representative projects; and iv) the role(s) played by each management/operations team member that was involved. Unless the City Manager specifically authorizes it, Proposers may not make any additions or modifications to the proposals or management team subsequent to the submission deadline.

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(6) Local Firm Participation: Proposers are encouraged to include in the composition of the Proposer, businesses or firms which are located in the City. A local firm shall be defined as a firm having its primary business office established within the City’s municipal limits. City occupational licenses, along with the appropriate office location affidavit, shall be provided as proof of location for businesses located in the City. For evaluation and scoring purposes, additional points shall be given to those proposals which include one or more of the following outreach components:    To enhance local participation within the Proposer’s management or development team; To make special outreach efforts to include and hire local, City residents as construction labor; Use of training skills center to facilitate local participation and hiring in relation to leasing, management, operation and maintenance of the facilities.

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(7) Financial Feasibility: Proposals shall include a financing plan which shall provide evidence of financial capacity so that a determination can be made that the Proposer is capable of undertaking the Project. The Proposer shall also include a
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cash flow analysis integrating revenues, operating expenses, renovation costs, and debt service for a minimum of the renovation and building period and first ten (10) years of the Project’s operation. The financial analysis and feasibility of the Project shall be presented in a fashion so as to enable a clear understanding of financial feasibility and financial inflows and outflows both on a building by building basis and an integrated total basis over any phased renovation and building schedule, and shall also enable a clear understanding of the projected rents and any other financial returns to the City over the projection period. The proposal shall not depend upon any government funds; subsidies, governmental credit enhancements, loans, loan guarantees, or other governmentally sponsored financial mechanism. Proposer shall provide recent financing history, preferably within the last 2-3 years, in obtaining financing commitments, detailing type of project, financing source, amounts committed, etc. Proposer shall detail the amount of capital, the size of the project and any other pertinent information that will assist the City in determining the availability of equity or subordinate capital to fund the Project.
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(8) Good Faith Escrow: The proposer shall provide evidence of an escrow restricted account with a balance of $6,750,000.00 which shall be maintained throughout the procurement process. The escrow provision shall be written so that the funds can only be used towards the project expenses upon award of the Project and execution of a lease. Once the Lease is executed, a report of how funds are being used towards the Project shall be provided on a monthly basis. (9) Infrastructure Costs: The proposer shall prepare and submit estimates of the initial infrastructure costs of the Project. The estimates shall be complete in that no cost elements are excluded, realistic in that quantities and prices used in developing the estimate reflect actual market level or best estimates of future price levels and credible in that the estimating methodology used is consistent with applicable industry standards and practices. For the purposes of this requirement, “infrastructure costs” shall mean all costs associated with roads, utilities such as water, sewer and electricity. (10) On-Going Capital Infrastructure Costs: This section shall include all elements or components of the capital assets that require future
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expenditures beyond normal maintenance, or replacement at the end of their economic life that are expected to occur within the lease term. Along with each element of on-going capital costs, the proposer shall estimate the corresponding contingency allowance with the estimate for each cost element. The Proposer shall describe in detail all sources of operations and maintenance funds for the Project. No government funds, subsidies, governmental credit enhancements, loans, loans guarantees, or other governmentally sponsored financial mechanism shall be proposed for the operation or maintenance of the Project. The successful Proposer shall maintain the property in a first class operating condition according to the acceptable industry standards and applicable codes for each type of business aspect. The City has the right to inspect the property at any time and will provide notice of any repairs that are deemed necessary to comply with the standards stated above. If repairs have not commenced within 30 days of notice from the City, the City has the right to self-perform the repairs and invade the security deposit for that purpose. If it becomes necessary for the City to self-perform repairs, the City will prepare a cost estimate of the work to be performed. If the cost of necessary repairs exceeds the security deposit, the successful Proposer will have thirty (30) days
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from the receipt of notice to provide additional necessary funds, or shall be considered in default. This or any other funds needed to address default conditions will be considered as additional rent for the following applicable monthly period after the repairs are completed and an invoice is presented, and will be used to replenish the security deposit as necessary. The Proposer shall prepare a detailed total cash flow analysis extending for a period of ten (10) years after start of operations. The analysis shall be structured in a manner, which enables the testing of alternate assumptions on the financial feasibility of the Project. (11) The Project will be constructed and operated at the Proposer’s own risk without benefit of financial guarantees from the City. However, the City has an obligation to its residents to ensure that the Project is completed, or failing that, that the Project not be abandoned in place. Accordingly, the Proposer shall describe the terms and conditions it proposes to ensure construction and operation of the Project. Financial and Non-Financial Returns 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 payments, as well as a
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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. The rent shall be the greater of Base Rent or the sum of percentage rents defined below. The minimum Base Rent that can be proposed is $1.4 million per annum payable in equal monthly installments or Proposer will be deemed non-responsive. A proposal will also be deemed non–responsive if it does not provide a minimum return to the City on the uses (gross revenues referenced below as to be defined per lease): ■ 6% of gross revenues for the formal restaurant ■ 10.3% for the casual restaurant ■ 15% for the marina operation (non-fuel) ■ 15% on gross fuel profits (gross fuel profits defined as gross fuel sale price per gallon minus cost of delivered fuel per gallon) ■ 5% on any other sales. ■ $10 per square foot for MPA garage retail. (12) Marketing Plan: Proposals shall include a marketing plan that shall identify primary and secondary markets for the marina, restaurant and proposed amenities (if applicable) and a description of the strategies to be utilized for attracting and strengthening those markets such as how and where the marina and restaurant
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facility will be advertised, branding and themed restaurant concepts and potential co-marketing opportunities. Specific discussion shall be presented as to marketing strategies to attract international business markets and the leisure tourist market. Proposals shall include:  A market analysis sufficient to establish the market support for the restaurant and other 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 proposed marketing approaches for each targeted market segment.

(13) Threshold Qualification Standards: Each Proposer shall meet the following six (6) minimum requirements: i. Either a member of the Management/Operations Team or staff must have a minimum of ten (10) years active experience and responsibility for daily operations of the casual restaurant and a minimum of ten (10) years experience with a marina of similar size and complexity, as well as a minimum of five (5) years experience for each additional
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ii.

iii.

iv.

v.

vi.

business use proposed to be operated by the ssuccessful Proposer. Either a member of the management/operations team and the Proposer (the latter as applicable) or its staff must have played a leading role with principal responsibility or other demonstrated experience in the design of a project(s) of similar size, complexity and constraints as the facilities and uses proposed. The Management/Operations Team or any of its principals must have successfully developed and financed at least one project of similar size, complexity and uses and constraints. The Management/Operations Team or any of its principals must have secured or provided $5 million or more in financing for at least one (1) single project. The Minimum Level of Investment associated with the improvements (building, facilities, docks and equipment) shall be $13,500,000.00, which shall include a minimum of $1 million of environmental remediation costs, the $700,000 Security Deposit and minimum $2,000,000.00 contribution to the Parking Trust Fund (actual based on number of spaces required for the development. The minimum Base Rent that can be proposed is $1.4 million per annum payable
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in monthly installments or Proposer will be deemed non-responsive. A proposal will also be deemed non– responsive if it does not provide a minimum return to the City as described in Section VI (F)(11).

(14) Litigation and Legal Dispute History Address whether the Proposer or any participating team members are currently or have been involved in any litigation or other legal dispute regarding a real estate venture during the past fifteen (15) years. In the explanation, include information regarding the outcome of any litigation or dispute. Also, indicate if the Proposer 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 as it pertains to real estate or similar business ventures. Include the date of occurrence, contact person, telephone number and address. Proposals which have a proposing entity, any principals, participating management and development team members who have either: 1) on-going litigation against the City; 2) owe outstanding monies to the City; 3) cause(s) or caused any city-owned land or improvements to incur environmental contamination liabilities or
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any other obligations; 4) been involved in real estate litigation or other real estate disputes within the past fifteen (15) years which have not been resolved in their favor; 5) filed for bankruptcy; 6) owned or managed foreclosed real estate projects; or 7) had fines levied by governmental agencies on real estate projects will be disqualified from further consideration. VII. REFERENDUM REQUIREMENT The Lease will not be valid until it has been presented and approved by a majority of City voters at the __________________, 2013 election as a referendum item. If the proposed transaction is rejected by referendum vote, the Project shall be terminated. In the event of such a termination, the successful Proposer has no vested rights, or title or interest in the Property or to the project proposed thereon, or a claim upon the City for any expenses incurred in the proposal process. Lease negotiations must be substantially concluded in time to be considered by the City Commission for placement on the _____________, 2013 election ballot (approximately _______). In the event that said negotiations are not timely concluded, Proposer has the option to pay for a special referendum election at a cost of approximately $1 million. VIII. LEASE TERMS A. Form Lease In order to be considered for the award of this RFP, the successful Proposer must accept the form Lease attached herewith as Attachment 8. The successful
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Proposer may not make any changes to this form Lease, except for the “fill in the blank” sections and the limited number of items to be further negotiated with the City, namely, Base rent escalation/adjustments, parameters for free parking validations, garage retail delivery date, rent commencement dates. IX. EVALUATION CRITERIA The City will use the following Evaluation Criteria and Scoring Values to evaluate the proposals. Criteria Overall Project Design/Proposed Renovation and Compatibility with Master Plan, Activities & Projects Proposer’s Team Qualifications, Financial Capacity & Operational History Management & Operational Plan Financial Return to the City Extent of Local Participation Total Weighted Value 20

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20 35 5 100

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X. ANTICIPATED SELECTION SCHEDULE Anticipated Selection Schedule Begin Advertising RFP RFP Available to Public/Date of Issuance Mandatory Proposal Pre-Submission Conference and Site Visit Proposal Submission Deadline Recommendation from the City Manager to City Commission Adoption of Legislation Authorizing Exclusive Lease Negotiations Dates 201__ 201__ 2013
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2013 TBD TBD

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XI. BID PROTESTS In accordance with City Code Section 18-72(b)(2), real property is specifically excluded from the provisions of Chapter 18, Finance, Article III, City Procurement Ordinance. However, Proposers wishing to protest this RFP solicitation must follow the procedures below. 1. Protest of Solicitation. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of the RFP, may file a written protest to the Director of Purchasing, City of Miami, 444 SW 2nd Avenue, 6th Floor, Miami, FL. 33130 by U.S. mail return receipt requested or by email via krobertson@miamigov.com. A written notice of intent to file a protest shall be filed with the Director of Purchasing within three (3) days after the Request
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for Proposals is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Director of Public Facilities. 2. Protest of Award. Any actual proposer who perceives itself aggrieved in connection with the recommended award of Contract may protest to the Director of Public Facilities. A written notice of intent to file a protest shall be filed with the Director of Public Facilities within three (3) days after receipt by the proposer of the notice of the City Manager’s recommendation for award of Contract. The receipt by proposer of such notice shall be confirmed by the City by electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Director of Public Facilities. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as defined in subsection (f) below. This shall form the basis for review of the written protest and no other facts, grounds, documentation or evidence not contained in the protester’s submission to the Director of Public
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Facilities at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the next end of business day. 3. Authority to resolve protests. The City Manager shall have the authority, subject to the approval of the City Attorney, to settle and resolve any written protest. The City Manager and City Attorney have the right to reject or approve any written protests. 4. Compliance with filing requirements. (a) Filing a Protest. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in Section (d) below, with the Director of Public Facilities within the time provided in Section 1 and 2 above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section.

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(b) Stay of Award During Protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award until the protest is resolved by the Director of Public Facilities or the City Commission as provided in Section 3 above, unless the City Manager makes a written determination that the solicitation process award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (c) Costs. All costs accruing from a protest shall be assumed by the protestor. (d) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier’s check payable to the City in an amount equal to one percent of the amount of the proposed Bid, or $5,000.00, whichever is less. The filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the City Manager, Director of Public Facilities and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under Section (c) above. If the protest is denied, the filing fee shall be forfeited to the City in lieu of payment of costs for the administrative proceedings.

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