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City of Miami Department of Public Facilities

Asset Management Division

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

Toms Regalado, MayorWifredo (Willy) Gort, Commissioner (District 1)

Marc D. Sarnoff, Commissioner (District 2)

Formatted: Font: (Default) Times NRoman, 18 pt

Formatted: Font: 18 pt



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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 SUMMARYII. GENERAL STANDARD CONDITIONSIII. DESCRIPTION OF PROPERTYIV. PROPOSAL OBJECTIVESV. REQUIRED PROJECT COMPONENTSVI. PROPOSAL SUBMISSION REQUIREMENTSVII.LITIGATION AND DEFAULT HISTORYVIII. EVALUATION CRITERIAIX. ANTICIPATED SELECTION SCHEDULEEXHIBITS

EXHIBIT A Folio Boundary

ATTACHMENTSATTACHMENT 1 Registration FormATTACHMENT 2 RFP ChecklistATTACHMENT 3 Proposal Summary FormATTACHMENT 4 Qualification Summary Sheets

ATTACHMENT 5 Project Experience FormsATTACHMENT 6 Entity Certification FormsATTACHMENT 7 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 PhotosExterior/Interior Miami21 Zoning Code Map of Coconut Grove Flood Zone Map

APPENDIX B: REFERENCE MATERIALSCoconut 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 3Powers









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Please note the materials in Appendices A & B above are

included for informational purposes only and Proposershould 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 Miamis Historic

City Hall building in Coconut Grove to participate in a public-

private-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 ofthe Property (Project).

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The RFP contains information regarding the Property; the uses

the City seeks for the Project; submission requirements; andselection 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-SubmissionConference.

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 followingbusiness 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 projectproposals 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 SUMMARYProject Opportunity To plan, design, renovate or

redevelop, lease, manage andoperate a mixed use waterfrontfacility with adaptive reuses ornew uses including a marina,boatyard, casual restaurant,formal restaurant and retail usesto be located within the newMiami Parking Authority (MPA)garage (Project).

Garage Retail Opportunity The Proposer shall lease theentire garage retail space that isanticipated to be built on theground floor of the MPA parkinggarage. For further details seeSection III (C)(2).

Location 3385 Pan American Drive, 3349& 3351 Pan American Drive,2640 South Bayshore Drive, 51Chart House Drive, Miami,Florida 33133 and shownrespectively as Parcels 1, 3, 5Aand 2 in the property map listed inAppendix A (Property Map).

Required Uses Marina/boat yard with dry rackstorage, fuel station, casualrestaurant, formal restaurant,

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retail (ground floor of parking

garage), floating dock, finger pierand improved baywalk(Required Uses).

Marina Restrictions Vessels stored at the marina shallbe 28 feet or lesser in length.Marina shall provide for aminimum of 400 boat dry storageracks.

Parcel Sizes 4.50 acres of marina/boatyarduplands; 1.62 acres of uplandsrelated to restaurant uplands; anestimated XX,XXX square feetof first floor retail within the newMPA garage; 0.94 acres ofsubmerged land.

Land Use Designation Parks and Recreation

Zoning Designation Civic Space. For furtherinformation refer to the Miami21Zoning Code.

Site Master Plan Coconut Grove Waterfront andSpoil Islands 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 inprinciple 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 plannedand 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 incontextually appropriate manner each celebrating the sites

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 vantagepoint from which to take in the scenery of Biscayne Bay.

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Maximum Lease Term Fifty (50) year initial term, withone (1) fifteen (15)-year renewalterm, with Proposer responsiblefor all renovation, leasing,maintenance, operation andmanagement of the Project.

Rents Upon the effective date of theLease Agreement (Lease), the

successful Proposer shall pay thegreater of: a minimum BaseRent of $1.4 million per annumpayable in monthly installments;or a percentage rent (PercentageRent) based on gross revenues ofall sales on the Property. Forfurther information refer toSection VI(F)(11) of this RFP.

Escalation The Base Rent shall be adjustedduring the life of the lease andshall be determined during leasenegotiations and further definedin the final lease.

Minimum Rent Adjustment At Lease Year 15, 30 and 50,there will be an adjustment to theminimum Base Rent Schedule.Adjustment will be determined byan appraisal paid for by theLessee.

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Registration Fee Only those entities who register

can participate. For registrationas an official Proposer and toreceive a complete RFP packageand RFP addenda, Proposer mustsubmit a non-refundable fee of$150 in the form of a cashierscheck, money order, or officialbank check made payable to theCity of Miami and a RegistrationForm by mail to the contactinformation below.

Background Check Fee Any Proposers who wish tosubmit a Proposal must deliver anon-refundable fee in the amountof $5,000.00 in the form of acashiers check or money order to

cover payment of a backgroundcheck and credit reports along

with their RFP proposalsubmission on the deadline date.

Required Referendum Deposit The successful Proposershall pay a $200,000 deposit(Referendum Deposit) pursuantto Section VI(B) of this RFP.This Deposit shall be refundableonly in the event the CityCommission does not approve the

final award, or if the publicreferendum question is not passedby 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 CityCommission approves and thepublic referendum passes, thenthe Referendum Deposit will berolled over as part of the SecurityDeposit.

Security Deposit The successful Proposer shall paya security deposit equal to 50% of

the Proposers annual Base Rent(minimum Security Deposit of$700,000.00), as well as anyadjustments thereto, (SecurityDeposit) as further detailed inthe attached Lease. The SecurityDeposit shall be made in cash orcashiers check,.

Mandatory Pre-Submission ____________201__

Conference and Site Visit Details to be provided bymail to registered Proposers.Prospective Proposers who havenot attended the Pre-SubmissionConference and Site Visit will bedisqualified.

Proposal Due Date and

Location ______________, 201__, 2:00

P.M. (EST)Miami City Hall, City Clerks

Office,

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First Floor Counter

3500 Pan American DriveMiami, FL 33133

To Register and for Further

Information Contact Judy Marsie-Hazen Sr.

Project RepresentativeDepartment of Public FacilitiesCity of Miami Riverside Center,

3rd Floor444 SW 2nd AvenueMiami, FL [email protected] Fax

Referendum Required The award of this RFP issubject to approval by theCitys voters.



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II. GENERAL STANDARD CONDITIONSA.Cone of Silence

This RFP process is subject to Section 18-74 of theCity Code the Cone of Silence, which mandatesthat, except for public hearings and scheduledpresentations, contact with the City regarding thisRFP process or any aspect of a proposal by anindividual, corporation, management team, operationsteam, (collectively referred to as the Proposer) ortheir representative(s) shall be limited to writtencommunications until such time that a successfulProposer is recommended by the City Manager to theCity Commission. However, the City will allow formeetings between proposers and appropriate CityPlanning and Zoning staff as part of routine pre-submittal conference to discuss applicability ofPlanning and Zoning requirements. The City shallbear no responsibility for Proposers design decisions

or assumptions. The City shall furnish any responsesto written questions or requests to all registered RFPrecipients through an Addendum to this RFP withinten (10) business days following receipt of the writtencommunication and will also be kept on file at theOffice of the City Clerk. The deadline to receivequestions regarding this RFP is ___, 201__.

B.Proposers Responsibility to Investigate ProjectOpportunityThe information contained in this RFP is publishedsolely for the purpose of inviting prospective

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Proposers to consider the Project described herein.

Prospective Proposers should perform their own duediligence investigations, projections and render theirown conclusions without reliance upon the materialcontained herein or the pre-submittal conferencedescribed above..

C.Existing Facilities and ImprovementsThe City offers the Property and its improvements asis, where is by the City for the renovation orredevelopment, long-term lease, operation andmanagement. The successful Proposer may renovatethe existing improvements or redevelop the sitelocated on the Property. However, the existingHangers shall be completely refurbished in place incompliance with HEPB standards. The successfulProposer shall renovate or redevelop the Property asnecessary pursuant to the Required Uses as stipulatedin this RFP. All other proposed uses shall serve tosupplement the Required Uses and are not to replace

or supplant the Required Uses.

D.Existing UtilitiesThe Property is currently served by water, sanitarysewer, electric and telephone utilities. Proposers mayobtain detailed plans showing underground utilityinstallations from the Citys 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 costsassociated with compliance with any County or Citymoratorium requirements that may be in force. TheCity will assist in this process by providing thenecessary utility and/or facility easements as lawfullyappropriate. The Proposer may relocate the existingutilities at its sole cost and expense.

E.Environmental ConditionsThe City is leasing the Property as is, where is

without any representation regarding itsenvironmental condition. The successful Proposerwill have an opportunity to inspect the Property at thepre-submission Site Visit, for due diligenceinspections and prior to taking possession. The Cityshall provide a Phase II Environmental Audit (seeExhibit XX). However, Proposers may perform their

own due diligence inspections, includingenvironmental site assessments, sampling and testingof the soils, sediments and groundwater.

The successful Proposer shall be responsible forpayment, removal or remediation of any hazardousmaterials that are required by law to be removed orremediated for the Project (exclusive of the MPAgarage 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 millionin remediation costs that are necessary to satisfyenvironmental permitting requirements. In the eventthat the cost of remediation exceeds $1 million, theamount that exceeds $1 million will be split on a50/50 basis between the City and the successfulProposer. One hundred percent (100%) of theremediation costs paid by the successful Proposers

remediation will be counted towards the minimuminvestment requirement. However, the successfulProposer will be required to submit acceptabledocumentation to the City in order to facilitate theCitys verification of expenditures made by the

successful Proposer on any such remediation costs.

The Property includes approximately 0.94 acres ofbay bottom land located in Biscayne Bay which isdesignated as an Aquatic Preserve. The Project shall

conform to the proscribed requirements of effectiveenvironmental regulations governing the AquaticPreserve. All operations of the Project shall alsoconform to existing environmental regulations andpermitting requirements.

Prior to the Parties execution of a Lease, the Citywill allow the successful Proposer to conductenvironmental investigations of the Property subjectto 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 LicensingThe specific plans for the renovation of this Propertywill require various permits and approvals, and eachProposer to the RFP is responsible for determiningthe permits and approvals required for theconstruction and operation of the Property. Thesuccessful Proposer, at its sole cost and expense, shallbe responsible for acquiring all required permits,licenses, and approvals from all appropriategovernmental agencies. Additionally, allimprovements must comply with applicable building,fire, zoning, health and all other applicable City,County, State and Federal requirements. Proposershave the full set of options and remedies contained inthe regulatory framework available to them, asnecessary.

The City, pursuant to all necessary reviews andapprovals of design concepts, will, if necessary,provide owner sign-offs required for the successfulProposer to obtain the appropriate regulatory permitsfrom local, state, and federal agencies. Regulatorypermits may be necessary from the followingagencies, including but not limited to:

Miami-Dade County Department of Permitting,

Environment and Regulatory Affairs (PERA), State ofFlorida Department of Environmental Protection(DEP), Federal Aviation Administration.

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The following information is intended to help theProposer determine the applicable requirements and isnot meant to be an exhaustive summary of all permits,licenses and approvals required.

G. ZoningAny details provided herein regarding the zoningprocess is for convenience only and Proposers shouldnot rely upon them. Proposers are responsible forobtaining information directly from the appropriateCity Planning and Zoning departments as it relates totheir specific plans for maintaining the existing useand/or plans for remodeling, upgrading and/orrenovation of the Property, as applicable. Thesemeetings will be considered outside the Cone ofSilence. Proposers are responsible for pursuing anyzoning changes and/or board or City Commissionapprovals necessary to implement the conceptproposed in their response to this RFP so long as they

are supported by the City as property owner.Proposers should not consider zoning approvals aspermit approvals, the latter which must be obtainedseparately for each aspect of the Project. Wheneverpossible, the City agrees to assist the successfulProposer with its permitting process.

H. Flood ZoneA preliminary review of the parcel shows most of the

land is in Flood Zone AE-12 and VE-15. Allstructures constructed at the Property must thereforeconform to the appropriate Flood Zone requirements

Formatted: Font: (Default) Times NRoman, 18 pt, Font color: Black


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set forth by the City Code and the Federal Emergency

Management Administration. (See Flood Zone Mapin Appendix A).

I.Design ReviewThe design of the Project shall be subject to reviewand approval by appropriate City departments and/oragencies during building permit submittals.

J.Background Check/DisqualificationThe City will perform, or cause to be performed, a

complete background check and investigation(including credit reports) of the proposing entity, itsprincipals and its management and development team,including all consultants and sub-consultants prior tothe conclusion of the Administrative Review.Proposers shall pay a background check fee in theamount of $5,000.00 to cover this cost. Should anyprincipals, consultants, sub-consultants or members ofthe management or development team (i) have

initiated current litigation against the City; (ii) havecurrent or previous uncured defaults, on citycontracts, leases, licenses or other legal agreementswith the City or (iii) if any of the foregoing have notprevailed in litigation with the City, the Proposer willbe automatically disqualified from the RFP process.

Similarly, if any Proposer, principal, management ordevelopment team member, through its use of City-owned property, owes any outstanding monies, causes

or has caused any City-owned lands, or itsimprovements 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, managementor development team members, consultants and sub-consultants which owe outstanding property taxes orassessments on city-owned property shall be requiredto pay these outstanding monies prior to submittal ofthe RFP response to the City or will be automaticallydisqualified.

K. Failure to Disclose InformationShould a Proposer or any principals or team membersof a proposing entity fail to disclose informationrelating to the following: current or previous uncureddefaults on City contracts, leases, licenses or otherlegal agreements with the City; outstandingindebtedness to the City; their liability for damage orenvironmental contamination to City-owned lands;bankruptcies or foreclosures; on-going litigation with

the City, the Proposer and the proposing entity shallbe automatically disqualified from consideration fromthis RFP process.

L.Proposal SubmissionsThis Project has been identified by the City to be aRFP, for which review procedures, the selectionprocess and submission guidelines are set forth in thisRFP. 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 shallevaluate the Proposals for completeness andcompliance with all content requirements set forth inthe RFP (Administrative Review). During thisinitial Administrative Review, and prior to the start ofdeliberations by the Selection Committee, City staffmay contact Proposers to cure proposals that containnon-material, non-substantive defects as determinedsolely by City staff. If notified of such a deficiency,the Proposer shall correct such deficiency within five(5) business days of notification. Those submissionsthat comply with requirements will be deemedresponsive.

N.Technical and Financial ReviewProposals shall undergo subsequent reviews by aTechnical Review Committee and a Financial ReviewCommittee assigned by the City Manager forpurposes of feasibility related to planning and zoning

restrictions and financial capabilities respectively.Members of the committees may or may not includeCity staff.

O. Selection CommitteeSubsequent to the Administrative, Technical andFinancial Review Committee reviews, the SelectionCommittee shall evaluate each proposal deemedresponsive. The review and selection guidelines for

this RFP are set forth in the City Charter and CityCode.

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The Selection Committee shall be comprised of five

(5) individuals who have been designated by the CityManager or his/her designee to serve on thiscommittee and who have experience in financingand/or renovation of projects of this nature. Membersof the Selection Committee shall not have anyfinancial interest or shall not have played any rolewhatsoever in any proposals being submitted forconsideration in this RFP. A finding of such aconflict of interest will automatically disqualify theProposer in question. The Selection Committee shallrely primarily on the documentation submitted in theproposal, but may also obtain information through apresentation 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 andFinancial Review Committees. Each Selection

Committee Member shall determine a rank orderbased on score achieved.

The Selection Committee shall render a written reportto the City Manager of its evaluation of all responsiveand responsible proposals. The Selection Committeehas the authority to recommend one or more, or none,of the proposals as it deems to be in the best interestsof the City. The Selection Committeesrecommendation 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 waiveany irregularities in any proposals or to reject any orall proposals and to re-advertise for new proposals.Furthermore, until such time that the City enters intoa Lease, the successful Proposer shall not have anyvested rights, nor title or interest in the Property or inthe Project proposed herein.

A non-responsive or not responsible proposal is aproposal which does not conform in all materials

respects to the RFP. A non-responsible Proposer isone that does not have the capability in any or allrespects to fully perform the requirements set forth inthe proposal or the Lease or that does not have theintegrity and reliability which will assure good faithperformance. Thus, for example, a proposal that hasnot substantiated the financial capability of aprospective Proposer may be rejected. City staff willreject any proposal deemed to be non-responsive or

not responsible.In the event that the City is unable to negotiate amutually acceptable Lease with the first rankedProposer, the City may then successively negotiatewith and accept the second or third ranked Proposersselected by the Selection Committee or terminate theRFP process and commence the RFP process again.

Q. City CommissionThe City Commission may accept the

recommendation of the City Manager, may reject allproposals, or may seek a recommendation directlyfrom 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 intoa form Lease with the City. The terms of Base Rentescalations, parameters for free parking validation,garage retail delivery date and rent commencementdates shall be the only items in the form Leasenegotiated with City staff after the City Commissionsapproval of the initial award and are subject to final

approval by the City Commission. Once the CityCommission has formally accepted a final award,subject to referendum approval, the City and thesuccessful Proposer shall enter into a Lease.

The successful Proposer will be responsible forperforming due diligence title searches to uncover anyexisting conditions, including but not limited toencroachments, existing easements, etc. Thesuccessful Proposer will also be required to provide

the Citys Public Facilities Department with final as-built-drawings showing the exact location of theProperty corner boundaries as established in the field.

III. DESCRIPTION OF PROPERTYA. Property Boundaries

The subject Property is located at 3385 Pan AmericanDrive, Miami, Florida, 3349 & 3351 Pan AmericanDrive and 51 Chart House Drive, Miami, Florida

abutting Bayshore Drive to the west and BiscayneBay to the east. The Propertys immediatesurroundings 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 anational anchor (Fresh Market), followed by Montys

Restaurant and Marina, offering wetslip dockage,marine-related and yacht brokerage offices and awaterfront restaurant. Abutting the site are variousCity-owned facilities that include Miami City Hall,Dinner Key Marina and Mooring Field, and theformer Coconut Grove Exhibition Center, currentlyoccupied by the Burn Notice television series set.(See attached Master Plan Location Map and SurveySketch, Appendix A).

B. Existing ParkingThere 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 isimmediately 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 economicfeasibility and success of a development project onthe Property, the City believes it is in the best interestof the Project to relocate all existing on-site parkingand utilize the new parking garage facility for theProject to be built on Bayshore Drive by the Miami

Parking Authority (MPA). The successful Proposerwill propose a conceptual design and renderings forthe 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 layoutof the retail spaces that will be leased to thesuccessful Proposer (approximately XX,XXX SF).The garage layout will maximize parking and its costwill not exceed $20,000 per space. The garage willconsist of ground level retail and 4 levels of parkingabove it (inclusive of the garage roof top).

The City will require the successful Proposer to payinto a project specific parking trust fund (ParkingTrust Fund) a fee at Lease execution for constructionof the parking garage. The funds contributed to theParking Trust Fund will be used by the MiamiParking Authority to construct a parking facility onthe adjacent municipal Parking Lot #68. The currentestimated construction cost is $20,000 per parkingspace. The number of parking spaces needed for theproposers 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 restaurantpatron area, and 2.5 spaces for employee parking per1000 sf of restaurant gross area. The successfulProposer will be required to contribute to the ParkingTrust Fund $10,000.00 (50% of the cost ofconstruction) per each space required for the overallsite proposal, per the ratios provided above, includingthe retail space in the garage itself. These spaces willbe reserved for the Successful Proposers use.

However, a minimum of 200 parking spaces shall berequired (for a total minimum parking garagecontribution of $2,000,000.00 to be paid by cashiers


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check or money order and delivered to the Director of

Public Facilities, Department of Public Facilities, 444SW 2nd Avenue, 3rd Floor, Miami, Florida 33130upon Lease execution. This parking garagecontribution will be deposited into an escrow account.In the event that the referendum is not passed, thisparking garage contribution will be returned to thesuccessful Proposer.

The City may, in its sole discretion, elect to buildadditional parking spaces than required for the

successful Proposers Project and in doing so, willpay 100% of the cost for additional spaces as well asthe cost for any ancillary uses incorporated in theparking facilities.

The successful Proposer will have no vested interestin the Citys parking facility, other than the Citys

commitment that parking spaces will be available formonthly leases for all of the commercial/retail usesincorporated within the Project at a parking rate

schedule that reflects fair market value will beprovided to transient customers. The City willprovide a structure for free parking validations at thegarage for varying uses and time frames (retail,restaurant, marina, etc) in line with existingwaterfront venues in the area. The free validationstructure will be established during lease negotiationsand reflected therein. The schedule and milestonesfor construction of the parking garage and retail

spaces by the Miami Parking Authority will bedeveloped 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 constraintsand budget that the City will specify. The Cityreserves the right to reject the proposed design.

(2) Garage RetailIn addition, the successful Proposer shall lease all ofthe approximately XX,XXX square feet ofcommercial retail space to be built on the groundfloor of the parking garage by the City, as part of themaster lease to the Property. The space shall bedelivered to the successful Proposer in shellcondition, with the Proposer responsible for build-outof the shell and all tenant improvements. The bids forthe lease of the garage retail shall commence at aminimum of $10 per square foot with base rentescalations to be negotiated as part of the lease, withadjustments to minimum base rent at lease years 15,

30 and 50 to be established by an appraisal. The leaseshall be triple net. The lease term of this retail spaceshall run concurrent with the term of the master leasefor the Property.

D. Parcel Size & Parcel ComponentsThe Property consists of 6.12 acres of uplands and0.94 acres of submerged lands. The uplands portionof 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 & AccessibilityThe Property is accessible to Bayshore Drive by wayof Pan American Drive and Chart House Drive.Major roadways in close proximity include Interstate95 and State Road 836. Although the Master Planreflects a realignment of Charthouse Drive, theexisting roadway alignment will remain as it currentlyexists.

F. Existing FacilitiesThe Existing Facilities include the followingstructures and amenities:

One (1) casual restaurant approximately 1,888square feet, (4,974 square feet including tentedand tiki hut areas)

One (1) formal restaurant approximately 10,287square feet (11,772 square feet including tentedareas)

Finger Pier

Marina (existing permit allows for 325 dry slips& 3 wetslips)

Two (2) hangar buildings approximately 41,822square feet

Boatyard One (1) dock masters 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,XXXsquare feet of ground floor retail in the parkinggarage.

G. Estimated Current Ad ValoremBased on the 2011 Miami-Dade County PropertyAppraisers online records, the assessed values for thefolios contained within the Property are as follows:

Folio 01-4122-002-0040 $6,447,100Folio 01-4122-002-0025 $1,184,596Folio 01-4122-002-0040 $ 619,737 (future advalorem property tax for the MPA garage retailspaces to be billed to successful Proposer)

Modifications of the folio boundary will be requiredto reflect accommodation of Pan American Drive asshown in the Folio Boundary Map in Exhibit A.

The successful Proposer will not be responsible for

any ad-valorem taxes, or any other taxes orassessments associated with the Property that are dueor may be owed, prior to the effective date of theLease. The successful Proposer will be responsiblefor all taxes that are incurred commencing on andafter the Lease effective date.

H. Zoning Category: CS Transect ZoneApproval Process in CS Transect Zone:Regulations for development in a CS Transect Zone

may be deviated from by process of Exception, apublic hearing before the Planning Zoning andAppeals 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 theMiami21 Zoning Code, any new development (orredevelopment) in a CS Transect Zone may beallowed to apply for a Variance. However, the Citywill not approve one for this Property.

Depending on the scope of renovation orredevelopment, architectural components may besubject to approval by the Citys Planning and Zoning

Department, the PZAB and the City Commission.

Waterfront Frontage to Determine Setbacks forParcels 1 and 3: The waterfront setback shall be 50feet measured from the mean high water line. Sidesetbacks shall be equal in aggregate to at least 25% ofthe water frontage of each lot based on average lotwidth to allow view corridors open from the groundto 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 forParcels 1 and 3: Based on Geographic InformationSystem, the depth of the applicable lots is over twohundred (200) feet. A certified surveyor shouldverify this depth prior to Proposer relying upon thisinformation.

IV. PROPOSAL OBJECTIVESThis RFP seeks to identify the proposal deemed mostadvantageous to the City. The Citys evaluation and

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review of proposals shall include, but not be limited to: the

financial returns to the City, the Proposers experience andmanagement history, the Proposers and consultant(s)capability, the Proposers financial qualifications, theoverall design of the proposed Project, and localparticipation.

A. Economic Objectives Increase the financial return to the City. Improve the revenue producing capacity of themarina/boatyard, casual restaurant and formal restaurantfacilities. Improve the casual and formal dining uses andenhance their destination market appeal to locals andtourists alike. Ensure any proposed (optional) ancillary or

complementary uses furtherenhance the destination market appeal of the casualand formal restaurants and the wider CoconutGrove community.

Utilize the available Property to maximize itseconomic potential.

B.Planning and Land Use Objectives To develop a mixed-use marina/restaurant destinationproject by upgrading and redeveloping the existingmarina facility or creating new restaurant facilities. To design a mixed use development encompassingthose Required Uses and any additional and ancillary uses

as deemed in the best interest of the project that isworthy of the Propertys setting and geographical

location.

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To form a compatible link to the surrounding

facilities, the neighboring residential areas and the restof South Florida. To ensure any additional renovations andredevelopment is compatible with

the Propertys waterfront setting and geographical

location; To enhance the overall public benefit derived fromthe property in terms of use, visibility, access, andfinancial return. To develop an array of uses that will attract

increasing and varied segments of the local,regional and visitor population and furtherdevelop the international destination appeal ofMiami.

Proposers shall incorporate a new floating dock infront of the formal restaurant and upgradethe existing finger pier abutting the casual

restaurant. To design a parking garage with a ground floor retail

component estimated at XX,XXX square feet.

C. Urban Design Principles and Guidelines

General Public access shall be paramount. Proposers must assure safe pedestrian connectionsbetween 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.







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Proposers should use the Master Plan as a guideline

for proposed improvements and the projectsarchitectural/landscape features. Proposers are encouraged to redevelop all presently

paved surface parking areas into uses generating thehighest possible revenue.

Proposers are required to utilize a new parking garagefacility for the Project.

Proposers must design aesthetically attractivebuffering features along the Bayshore Drive, ChartHouse 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 minimumof 10 feet in width. Provide required walkway width alongwaterfront per Miami 21 requirements. Creative use of roadway lighting and distinctiveexterior building lighting is encouraged. Improve Chart House Drive and Pan American Drive

access points with aesthetically attractive bufferingfeatures through hardscape or softscape

elements.

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Pedestrian scale decorative lighting, low level path

and landscape accent lighting shall be incorporatedinto the development. All utility infrastructures shall be placed undergroundor within chases below grade.

Open Spaces Provide a continuous variety of public open spaces, iffeasible. Open spaces shall acknowledge the tropical climate ofthe region by providing significant shade through the useof substantial shade trees and specimen palm varieties.

D. Architecture Buildings shall enhance and emphasize the historicnature of the hangars and be refurbished in place incompliance with the Historic and EnvironmentalPreservation Board (HEPB). Buildings shall acknowledge the tropical climate of

the region. Building intensity, massing and articulation shallrespond to human scale and the pedestrian realm. Building faades shall be varied and articulated to

provide visual interest to pedestrians. In no case shallthe faade of a building consist of a blank wall.

Secondary entries from interior walkways are alsoencouraged.

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, orclosely spaced specimen palms. Landscape shall be designed to complement thearchitecture, to emphasize elements such as entrances,plazas, and open spaces, to frame views, and to visuallyscreen 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 competewith 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 Miami21Zoning Code.)

V. REQUIRED PROJECT COMPONENTSThe Proposer must meet all required project componentslisted herein. All improvements must be constructed at theProposers sole expense. However, the City may assist thesuccessful Proposer by providing City documentation that

may be required for zoning changes, PZAB hearings, grantor financing applications at the Citys sole discretion andpursuant to availability at no cost to the City. The



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Proposer shall develop the Project proposal taking into

consideration the RFPs requirements.

A. Renovations/RedevelopmentThe successful Proposer must make the requiredimprovements as well as any additionalrenovations/redevelopment above and beyond to theProperty at its sole cost and expense. Any and allimprovements to the Property will require prior Cityapproval. Should the successful Proposer elect toimplement additional improvements, suchimprovements cannot impact the historic hangarstructures in a manner that violates their historicdesignation.

Proposer should describe any themed aspects of theproposed dcor for the casual and formal restaurantcomponents, retail components and ancillary serviceswhich are intended to enhance the market draw toprospective patrons.

B. Required Accessory & Ancillary UsesProposers are advised that the below listed accessoryand ancillary uses are a requirement for any proposedrenovation of the Property as listed in SectionVI(F)(2)(f).

C. Public Access & Vehicular Circulation System:Proposals shall include a compatible, safe andeffective pedestrian circulation system to service the

proposed Project, in addition to improving the publicaccess amenities required along Biscayne Bay (thebay walk and seawall).

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The successful Proposer will share the use ofCharthouse Drive with Grove Harbour Marina andCaribbean Marketplace. If no modification of theroadway is proposed by the successful Proposer, thecost of maintaining the road will be shared by thesuccessful Proposer and Grove Harbor Marina andCaribbean Marketplace in accordance with an AccessEasement specifying the maintenance obligations ofeach of the foregoing entities.

VI. PROPOSAL SUBMISSION REQUIREMENTSA. Proposal Deadline and Format

Proposals are due at 2:00 p.m. ___________,

201__,at the City of Miami, City Hall, City Clerks

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 originalproposal in an 8 x 11 format, one electronic copysubmitted on a CD-ROM with all requiredattachments, plus twenty-two (22) copies of boundproposals 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", withtwenty-two (22) copies of the illustrative drawingsreduced to a 8 x 11 scale, the latter which shall beinserted in proposal copies. Proposers must attach allrequired documents listed in the Proposal SummaryForm.

B. Referendum Deposit RequirementsWithin five (5) days of the City Commission approvalof the award to the successful Proposer, the successfulProposer shall make a $200,000 Referendum Depositpayable to the City of Miami by cash or cashierscheck. If negotiations with the first ranked Proposerfail, any subsequent successful Proposers shall berequired to pay this $200,000 deposit. If negotiationsfail with the first ranked Proposer or any subsequentsuccessful Proposers, their respective $200,000Deposits shall be refundable. If the successful

Proposers proposal is approved by publicreferendum, this Referendum Deposit will be rolledinto partial satisfaction of the Security Deposit. ThisReferendum Deposit will only be refunded to the finalSuccessful Proposer if the referendum to accept thesuccessful Proposers lease is not approved. In this

instance, the Referendum Deposit will be returnedwithin forty-five (45) days after the unsuccessfulreferendum vote for the lease.

C. Required Attachments

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Proposers will be required to complete, sign and

notarize (as applicable) and submit the followingAttachments, listed in the RFP Checklist along withthe Proposal Narrative:

i) RFP Registration Form: Proposers mustsubmit a copy of the RFP Registration Form,(attached herewith as Attachment 1) in order toregister and obtain a copy of this RFP and anyAddenda issued prior to the submission date ofthis RFP.

ii) RFP Checklist: Proposers must submit a RFPChecklist, a copy of which is attached asAttachment 2;

iii) RFP Proposal Summary Form: Proposersmust submit a signed RFP Proposal SummaryForm, a copy of which is attached herewith asAttachment 3;

iv) Qualification Summary Sheets: Proposersmust complete and submit Qualification

Summary Sheets, attached herewith asAttachment 4, in the manner described inSection VI(F)(5) herein;

v) Project Experience Forms: Proposers mustcomplete and submit Project Experience Forms,attached herewith as Attachment 5, in themanner described in Section VI(F)(5) herein;

vi) Entity Certification Forms: Proposers shouldselect the most appropriate Entity Certification

Form, copies of which are attached asAttachment 6 herewith, which matches the legalform 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 attachedDisclosure and Disclaimer attached asAttachment 7 herewith along with their RFPSubmission.

D. Deficient Proposals & RFP ModificationsSubmissions received in response to the RFP shallmeet all requirements specified within the RFP.Submissions deficient in providing the requiredinformation shall be deemed non-responsive anddisqualified and shall be ineligible for furtherconsideration. A complete proposal submissionpackage shall address and conform to therequirements for Proposal Content described below.Proposals which do not conform to the followingrequirements will be automatically disqualified andineligible for further consideration:

i) Proposers who are not registered or Proposerswho have not paid the Registration Fee;

ii) Proposal narratives which exceed 50 pages(excluding required attachments, requireddocumentation;

iii) Proposals which do not include items VI(C)(i)through VI(C)(vii) above;

iv) Proposals which do not include the required siteplan documents;

v) Proposals which do not meet the financialreturns to the City; and











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vi) Proposals which do not meet the parking garagecontribution detailed in Section III(C) above.

E. Required Proposal ContentProposals must present a definitive Project, includingdescription of proposed facilities and amenities,description of proposed improvements, qualificationsand experience of the project team members, financialplans, feasibility, capacity and return to the City, aswell as operations, management and marketing plans.

Proposals submitted in response to this RFP shallinclude planning design, financing and constructionof proposed improvements appropriate to thecharacter of the Property, the Master Plan and the CSZoning category laid out in Miami21 Zoning Code.The Property is to be planned, designed, constructed,leased, managed and operated at no cost to the Cityby the successful Proposer. Any agreement enteredinto for the renovation of the Property shall comply

with the requirements of all applicable laws.

F. Project NarrativeProposers shall provide a Project narrative no longerthan fifty (50) pages, (not including the requiredattachments, documentation or drawings andcomplete the requirements of Items 114 below,addressing all of the required narrative components.The Project narrative will be critically evaluated as to

whether all the submission requirements have beenpresented by each Proposer.





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(1) Description of Proposed Facilities andAmenities: Provide a description of theproposed facilities and amenities at the Property.

(2) Description of Proposed Improvements:Include all detailed plans to upgrade, renovate,improve the existing facility or redevelop thesite.

This description must include the followingelements:(i) Site Plan: Provide a site plan showing the

proposed layout of all project components,including all additional ancillary facilities tobe provided, including the size, dimensionsand configuration of buildings to bereconstructed and/or renovations. The scalefor illustrative drawings should be asfollows:

(i) Scale for Site Plans:1 = 40-0;(ii) Scale for Building Plan Elevations:

1/8 = 1-0

(Provide elevations for all sides of the

buildings);

(iii) Scale for Plans and Elevations forBuilding Hangars:

1/16 = 1-0;

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(iv) Scale for any Enlarged Plans ofArea and Buildings:1/8 = 1-0.

The following required elements must beincluded in the site plan:

(a) Master Plan Compliance: The successfulProposer shall comply with anyrequirements of the Master Plan.

(b) Lighting: The successful Proposer shallprovide sufficient outdoor lighting for the

marina/boatyard and restaurants.

(c) Signage: Proposers shall provide acomprehensive unified signage plan for theentire site which must comply with allZoning requirements.

(d) Buffering Features: Proposers shallimprove Chart House Drive and Pan

American Drive access points withaesthetically attractive buffering featuresthrough hardscape or softscape elements.

(e) Proposed Renovation/RedevelopmentSchedule: The successful Proposer shallinclude renovation/redevelopmentschedules for the leasehold improvementswhich take into account the commencement

dates required by the City and delineates therenovation or redevelopment of eachcomponent. The City will require theproposed renovations/

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redevelopment/reconstruction to commence

within three (3) months from the Leaseeffective date. All physical improvementsfor all project components must becompleted within eighteen (18) monthsfrom execution of the Lease by both parties,unless the successful Proposer applies forand receives a waiver from the City. Ifmodifications are proposed, the successfulProposer shall submit a full set of plans toapply for applicable building permits andany other applicable approvals within 180days of the effective date of the Lease andconstruction must be complete within oneyear of the permit approval date. City willuse its best efforts to provide alternativelocations which are reasonably contiguousfor the continuing operation of the facilityduring renovation or redevelopment offacilities. Minimum rent payments shall

become due and be paid commencing uponeffective date of Lease inclusive of design,permitting and construction period.

(f) Required Renovations/Redevelopment:The Proposer shall include a detailedrenovation/redevelopment plan for theindividual marina/boatyard and restaurantcomponents of the Property, including the

following below. Proposers have theoption 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) hangarbuildings in place to provide for bestutilization of available space for dryrack storage and/or other uses. Exteriorand interior of hanger buildings shouldbe completely renovated pursuant to

the HEPB in a manner compatible tothe adjoining Grove Harbor Marinahangers.

The marina pavement must bedesigned and refurbished orreconstructed to meet applicabledesign criteria for appropriate vehiclesand loads to result from the proposedmarina use and be visually appealing.

The entire dock/bulkhead alongsidethe waterfront portions of both themarina and casual restaurant should becompletely renovated and/orredeveloped both structurally andaesthetically in substantially the samecondition and appearance as it wasbefore the renovation/redevelopmentwas deemed necessary, as determinedby a professional marine engineering

firm and the City and in a manner thatis homogeneous in appearance with therestoration of the adjoining bulkhead

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for the 51 Charthouse Drive property

to provide a homogeneous appearance.The successful Proposer shall berequired to provide no less than 400dry racks on-site.

Casual Restaurant

Renovations/Redevelopment:

The proposal shall include a detailedrenovation/redevelopment plan for a

casual outdoor restaurant component,including the following: The casualrestaurant facility shall have a coveredoutdoor area with patio capability.

Kitchen facility shall be completelyrenovated or redeveloped to becompliant with all current andapplicable local, state and federal coderequirements.

Restaurant facility should meet allapplicable ADA requirements.

Formal RestaurantRenovations/Redevelopment: Theproposal shall include a detailedrenovation/redevelopment plan for a formalrestaurant component, including thefollowing:

The entire dock/bulkhead alongsidethe waterfront portions of the formal

restaurant should be completely



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renovated and/or redeveloped both

structurally and aesthetically insubstantially 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 bulkheadfor the marina/casual restaurant

property to provide a homogeneous

appearance.

Kitchen facility shall be completelyrenovated 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/reconstructionshall be made to provide full height

windows to improve waterfront

visibility.

Restaurant facility must meet allapplicable ADA requirements.

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Mandatory Dock Improvements:

The successful Proposer shall implementthe following improvements to maximizeboating access and transient dockageparticipation in accordance with the MasterPlan and all applicable governmentregulations and agencies: Construct a floating dock on the

waterfront abutting the formalrestaurant portion of the Property; and Renovate the existing finger pier.

The successful Proposer is encouraged to contactthe State of Florida Board of Trustees of theInternal Improvement Trust Fund (TIITF) tosecure additional submerged lands for dockage.

(g) Required Renderings: Renderings showingviews of the overall building and Property,

including views from Bayshore Drive, from thewaterfront, from within the Project, including thearchitectural elements/features, parking, plazas,greenways, open spaces, baywalk and pedestrianwalkways 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 Formsfor each team member. (See sheets and formsprovided in Attachments 4 & 5 incorporated

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hereto and attached herewith). Proposer should

provide the following information:

Proposers name, mailing address,contact person, phone number, e-mailaddress and street address. Name of the official representative or

executive officer. This person will bethe recipient of all officialcommunications from the Departmentrelating to the submitted proposal.

Statements specifying the ownershipand form of legal entity for theorganization(s) submitting theproposal. If a consortium, a jointventure agreement properly executedby each legal entity shall be submitted.The statements of ownership shallinclude appropriate resolutionsdesignating the individuals who may

commit each Proposersorganization(s).

Organization charts of the Proposersorganization. The charts shouldgraphically depict the Proposersrelationship with its parentorganization(s). This requirementapplies equally to each member of aconsortium.

Names and corporate addresses foreach team member with a teamorganizational chart.

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For each member of the Proposer, the Proposershall complete and provide a list of completedrepresentative projects according to thefollowing criteria:i) current project function , i.e. food

concession establishment, marina operation,etc;

ii) time schedule required for completion ofthese representative projects;iii) the dollar amount of the renovations on

these representative projects; andiv) the role(s) played by each developmentteam member that was involved.

(4) Professional Expertise/Team Composition:Proposers shall submit evidence of thedevelopment team members qualifications to

successfully undertake and complete theproposed project.

The Proposer and/or its consultant(s) shall, atminimum demonstrate professional expertise in thedisciplines outlined below.

(a) Architectural: The Proposer shall have atleast one (1) architect licensed andregistered in the State of Florida as requiredby Chapter 481, Part I of the FloridaStatutes, Architecture and shall have

substantial experience in the design andrenovation of the specified Required Uses.

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(b) Landscape Architectural: The Proposershall have at least one (1) landscapearchitect licensed and registered in the Stateof Florida as required by Chapter 481, PartII, Landscape Architecture, of the FloridaStatutes.

(c) General Contracting and/orConstruction Management: The Proposershall have at a minimum one (1) GeneralContractor licensed in the State of Floridawho shall have substantial experience inmanaging and performing construction offacilities of similar type and scope as theRequired Uses and ancillary facilitiescontained in the proposal.

(d) Consultants: The consultant(s) to theProposer, if any, may be one firmpossessing all the required expertise or may

be several individuals or firms whichcombined, possess all the requiredexpertise. Consultant teams may includeprofessional planning and designconsultants and sub-consultants, generalcontractor and/or construction manager andoperation and management consultant(s).Consultants or general contractors maysubmit their qualifications for more than

one (1) Proposer/Team. However, theProposer and other permanent(management/operational) staff of the

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Proposer (that is, those development team

members required beyond the constructionphase, as in principals, operations andmanagement personnel) shall only submittheir names in one submission and shall notbe part of any other submission in anycapacity.

(5) Qualifications and Experience ofOperations/Management Team: Provide the

legal name of the Proposer, the names of thePrincipals and of the key personnel comprisingthe Management and Operations Team and theirpositions or titles on the Qualification SummarySheets attached herewith in Attachment 4.

Proposals shall include the professionalqualifications and credentials that demonstratethe Management/Operation Teams ability to

successfully undertake and complete the Project.

Operator should demonstrate at least ten (10)years of experience in Management of successfuloperation of casual restaurant of equal size andcomplexity. Operator should demonstrate atleast ten (10) years of experience in Managementof successful operation of a marina of equal sizeand complexity.

The Management/Operations Team as a whole

must have the requisite expertise, financial andmanagement capability to develop a restaurantdestination facility or projects with similar scope

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and complexity as identified in the project

objectives. For the purpose of this RFPManagement/Operations Team is defined as

the group of persons managing and operating thecasual restaurant facility, including theprincipal(s) submitting the proposal and withwhom the City would enter into a Lease for theProperty, if awarded.

For each member of the Management/OperationsTeam, the Proposer shall complete and provide alist of completed representative projects on theProject 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 ofthese representative projects;

iii) the dollar cost of financing themanagement/operations of theserepresentative projects; and

iv) the role(s) played by eachmanagement/operations team member thatwas involved.

Unless the City Manager specifically authorizesit, Proposers may not make any additions ormodifications to the proposals or management

team subsequent to the submission deadline.

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(6) Local Firm Participation: Proposers areencouraged to include in the composition of theProposer, businesses or firms which are locatedin the City. A local firm shall be defined as afirm having its primary business officeestablished within the Citys municipal limits.City occupational licenses, along with theappropriate office location affidavit, shall beprovided as proof of location for businesseslocated in the City.

For evaluation and scoring purposes, additionalpoints shall be given to those proposals whichinclude one or more of the following outreachcomponents:

To enhance local participation within theProposers management or developmentteam;

To make special outreach efforts to includeand hire local, City residents as constructionlabor;

Use of training skills center to facilitatelocal participation and hiring in relation toleasing, management, operation andmaintenance of the facilities.

(7) Financial Feasibility: Proposals shall include afinancing plan which shall provide evidence of

financial capacity so that a determination can bemade that the Proposer is capable of undertakingthe Project. The Proposer shall also include a







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cash flow analysis integrating revenues,

operating expenses, renovation costs, and debtservice for a minimum of the renovation andbuilding period and first ten (10) years of theProjects operation.

The financial analysis and feasibility of theProject shall be presented in a fashion so as toenable a clear understanding of financialfeasibility and financial inflows and outflowsboth on a building by building basis and anintegrated total basis over any phased renovationand building schedule, and shall also enable aclear understanding of the projected rents andany other financial returns to the City over theprojection period.

The proposal shall not depend upon anygovernment funds; subsidies, governmentalcredit enhancements, loans, loan guarantees, or

other governmentally sponsored financialmechanism.

Proposer shall provide recent financing history,preferably within the last 2-3 years, in obtainingfinancing commitments, detailing type ofproject, 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 indetermining the availability of equity orsubordinate capital to fund the Project.

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(8) Good Faith Escrow: The proposer shall provideevidence of an escrow restricted account with abalance of $6,750,000.00 which shall bemaintained throughout the procurement process.The escrow provision shall be written so that thefunds can only be used towards the projectexpenses upon award of the Project andexecution of a lease. Once the Lease isexecuted, a report of how funds are being used

towards the Project shall be provided on amonthly basis.

(9) Infrastructure Costs: The proposer shallprepare and submit estimates of the initialinfrastructure costs of the Project. The estimatesshall be complete in that no cost elements areexcluded, realistic in that quantities and pricesused in developing the estimate reflect actualmarket level or best estimates of future price

levels and credible in that the estimatingmethodology used is consistent with applicableindustry 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: Thissection shall include all elements or componentsof the capital assets that require future

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expenditures beyond normal maintenance, or

replacement at the end of their economic life thatare expected to occur within the lease term.Along with each element of on-going capitalcosts, the proposer shall estimate thecorresponding contingency allowance with theestimate for each cost element.

The Proposer shall describe in detail all sourcesof operations and maintenance funds for theProject. No government funds, subsidies,governmental credit enhancements, loans, loansguarantees, or other governmentally sponsoredfinancial mechanism shall be proposed for theoperation or maintenance of the Project. Thesuccessful Proposer shall maintain the propertyin a first class operating condition according tothe acceptable industry standards and applicablecodes for each type of business aspect.

The City has the right to inspect the property atany time and will provide notice of any repairsthat are deemed necessary to comply with thestandards stated above. If repairs have notcommenced within 30 days of notice from theCity, the City has the right to self-perform therepairs and invade the security deposit for thatpurpose. If it becomes necessary for the City toself-perform repairs, the City will prepare a cost

estimate of the work to be performed. If the costof 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 indefault. This or any other funds needed toaddress default conditions will be considered asadditional rent for the following applicablemonthly period after the repairs are completedand an invoice is presented, and will be used toreplenish the security deposit as necessary.

The Proposer shall prepare a detailed total cashflow analysis extending for a period of ten (10)years after start of operations. The analysis shallbe structured in a manner, which enables thetesting of alternate assumptions on the financialfeasibility of the Project.

(11)The Project will be constructed and operated atthe Proposers own risk without benefit offinancial guarantees from the City. However, theCity has an obligation to its residents to ensure

that the Project is completed, or failing that, thatthe Project not be abandoned in place.Accordingly, the Proposer shall describe theterms and conditions it proposes to ensureconstruction and operation of the Project.

Financial and Non-Financial Returns to theCity: Proposals shall include a statedcommitment of annual lease payments to the

City in the form of a minimum guaranteed rentand percentage(s) of gross revenues, and anyother proposed lease payments, as well as a

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stated commitment to adhere to the City Charter

requirement for compensation equal to fairmarket value. Proposals shall detail otherfinancial benefits to the City such as estimatedproperty taxes, and other non-financial benefitssuch as new jobs created. The rent shall be thegreater of Base Rent or the sum of percentagerents defined below.

The minimum Base Rent that can be proposed is$1.4 million per annum payable in equalmonthly installments or Proposer will be deemednon-responsive. A proposal will also be deemednonresponsive if it does not provide a minimumreturn to the City on the uses (gross revenuesreferenced 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 gallonminus 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 amarketing plan that shall identify primary andsecondary markets for the marina, restaurantand proposed amenities (if applicable) and a

description of the strategies to be utilized forattracting and strengthening those markets suchas how and where the marina and restaurant

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facility will be advertised, branding and themed

restaurant concepts and potential co-marketingopportunities. Specific discussion shall bepresented as to marketing strategies to attractinternational business markets and the leisuretourist market.

Proposals shall include:

A market analysis sufficient to establish themarket support for the restaurant and otherproposed uses based upon analysis ofdemand generators, competitive supply,market pricing, competitive position andanticipated market share/capture. Theanalysis should specifically provide therationale for proposed marketingapproaches for each targeted marketsegment.

(13)Threshold Qualification Standards:Each Proposer shall meet the following six (6)minimum requirements:

i. Either a member of theManagement/Operations Team or staffmust have a minimum of ten (10) yearsactive experience and responsibility fordaily operations of the casual restaurant anda minimum of ten (10) years experience

with a marina of similar size andcomplexity, as well as a minimum of five(5) years experience for each additional

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business use proposed to be operated by the

ssuccessful Proposer.ii. Either a member of the

management/operations team and theProposer (the latter as applicable) or its staffmust have played a leading role withprincipal responsibility or otherdemonstrated experience in the design of aproject(s) of similar size, complexity andconstraints as the facilities and usesproposed.

iii. The Management/Operations Team or anyof its principals must have successfullydeveloped and financed at least one projectof similar size, complexity and uses andconstraints.

iv. The Management/Operations Team or anyof its principals must have secured orprovided $5 million or more in financingfor at least one (1) single project.

v. The Minimum Level of Investmentassociated with the improvements (building,facilities, docks and equipment) shall be$13,500,000.00, which shall include aminimum of $1 million of environmentalremediation costs, the $700,000 SecurityDeposit and minimum $2,000,000.00contribution to the Parking Trust Fund(actual based on number of spaces required

for the development.vi. 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.vii. A proposal will also be deemed non

responsive if it does not provide a minimumreturn to the City as described in Section VI(F)(11).

(14) Litigation and Legal Dispute HistoryAddress whether the Proposer or anyparticipating team members are currently or havebeen involved in any litigation or other legaldispute regarding a real estate venture during thepast fifteen (15) years.

In the explanation, include information regardingthe outcome of any litigation or dispute. Also,indicate if the Proposer or any participating teammembers have ever filed for bankruptcy, or haveowned or controlled projects that have beenforeclosed, or have had fines levied by

governmental agencies as it pertains to realestate or similar business ventures. Include thedate of occurrence, contact person, telephonenumber and address.

Proposals which have a proposing entity, anyprincipals, participating management anddevelopment team members who have either: 1)on-going litigation against the City; 2) owe

outstanding monies to the City; 3) cause(s) orcaused any city-owned land or improvements toincur environmental contamination liabilities or

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any other obligations; 4) been involved in real

estate litigation or other real estate disputeswithin the past fifteen (15) years which have notbeen resolved in their favor; 5) filed forbankruptcy; 6) owned or managed foreclosedreal estate projects; or 7) had fines levied bygovernmental agencies on real estate projectswill be disqualified from further consideration.

VII. REFERENDUM REQUIREMENTThe Lease will not be valid until it has been presentedand approved by a majority of City voters at the__________________, 2013 election as a referendumitem. If the proposed transaction is rejected byreferendum vote, the Project shall be terminated. In theevent of such a termination, the successful Proposer hasno vested rights, or title or interest in the Property or tothe project proposed thereon, or a claim upon the Cityfor any expenses incurred in the proposal process.Lease negotiations must be substantially concluded in

time to be considered by the City Commission forplacement on the _____________, 2013 election ballot(approximately _______). In the event that saidnegotiations are not timely concluded, Proposer has theoption to pay for a special referendum election at a costof approximately $1 million.

VIII. LEASE TERMSA. Form Lease

In order to be considered for the award of this RFP,the successful Proposer must accept the form Leaseattached 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 andthe limited number of items to be further negotiatedwith the City, namely, Base rentescalation/adjustments, parameters for free parkingvalidations, garage retail delivery date, rentcommencement dates.

IX. EVALUATION CRITERIAThe City will use the following Evaluation Criteria and

Scoring Values to evaluate the proposals.

Criteria Weighted Value

Overall Project Design/ProposedRenovation and Compatibility withMaster Plan, Activities & Projects

20

Proposers Team Qualifications,Financial Capacity & OperationalHistory

20

Management & Operational Plan 20

Financial Return to the City 35Extent of Local Participation 5

Total 100









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X. ANTICIPATED SELECTION SCHEDULEAnticipated Selection Schedule Dates

Begin Advertising RFP 201__

RFP Available to Public/Date ofIssuance

201__

Mandatory Proposal Pre-SubmissionConferenceand Site Visit

2013

Proposal Submission Deadline 2013

Recommendation from the City Managerto City Commission

TBD

Adoption of Legislation AuthorizingExclusive Lease Negotiations

TBD

XI. BID PROTESTSIn accordance with City Code Section 18-72(b)(2), realproperty is specifically excluded from the provisions ofChapter 18, Finance, Article III, City Procurement

Ordinance. However, Proposers wishing to protest thisRFP solicitation must follow the procedures below.

1. Protest of Solicitation.Any prospective proposer who perceives itselfaggrieved in connection with the solicitation of theRFP, may file a written protest to the Director ofPurchasing, City of Miami, 444 SW 2nd Avenue, 6thFloor, Miami, FL. 33130 by U.S. mail return receiptrequested or by email [email protected]. A written notice ofintent to file a protest shall be filed with the Directorof Purchasing within three (3) days after the Request








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mailto:[email protected]:[email protected]:[email protected]

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for Proposals is published in a newspaper of general

circulation. A notice of intent to file a protest isconsidered filed when received by the Director ofPublic Facilities.

2. Protest of Award.Any actual proposer who perceives itself aggrieved inconnection with the recommended award of Contractmay protest to the Director of Public Facilities. Awritten notice of intent to file a protest shall be filedwith the Director of Public Facilities within three (3)days after receipt by the proposer of the notice of theCity Managers recommendation for award of

Contract. The receipt by proposer of such notice shallbe confirmed by the City by electronic mail or U.S.mail, return receipt requested. A notice of intent tofile a protest is considered filed when received by the

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